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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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10/01/2011RCRA Orientation Manual 2011Publication
 Description: This manual provides introductory information on the solid and hazardous waste management programs under the Resource Conservation and Recovery Act (RCRA). Designed for EPA and state staff, members of the regulated community, and the general public who wish to better understand RCRA, this document constitutes a review of the RCRA program and is not a substitute for RCRA or its implementing regulations. This document updates the 2008 RCRA Orientation Manual (EPA530-R-07-010).
 
08/23/2010REGULATION OF UNUSED DERMAL NICOTINE PATCHESMemo
 Description: Unused dermal patches containing nicotine would be regulated as a listed hazardous waste when disposed. Nicotine in finished dosage forms, such as tablets or capsules, is regulated because it is a commercial chemical product formulation containing nicotine as the sole active ingredient. EPA views transdermal patches as an analogous dosage form. However, after the patch has been applied and removed, it has been used for its intended purpose and therefore would not be listed hazardous waste when discarded. EPA does not view dermal patches to be “manufactured articles”. This letter supersedes an earlier response that was included in a report for the RCRA, Superfund & EPCRA Hotline, RCRA/UST, Superfund and EPCRA Monthly Hotline Report, April 1995 (RO 13741, page 1).
 
08/01/2010Hazardous Waste Generator Regulations: A User-Friendly Reference Document (Version 4)Publication
 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 current RCRA hazardous waste generator regulatory requirements, primarily located in 40 CFR Part 262. This reference document is organized by generator status—conditionally exempt small quantity generators (CESQGs), small quantity generators (SQGs), and large quantity generators (LQGs).
 
01/01/2009Fact Sheet: EPA Announces Reorganization and Name Change for the Office of Solid Waste (OSW); OSW Becomes the Office of Resource Conservation and Recovery and Streamlines Its OperationsPublication
 Description: This fact sheet discusses the reorganization of the Office of Solid Waste (OSW) and the name change to the Office of Resource Conservation and Recovery (ORCR).
 
06/01/2008A Collection of Solid Waste Resources, 2008 Edition (CD-ROM)Publication
 Description: This CD contains more than three hundred publications on hazardous and nonhazardous waste including Spanish publications. The publications cover many topics including recycling and reuse, buying recycled, hazardous waste management, composting, and used motor oil. In addition, the CD includes a wide variety of educational materials. The CD also contains information about the Resource Conservation Challenge (RCC), an innovative national effort to find flexible, yet protective, ways to conserve the nation's resources.
 
01/01/2008Test Methods for Evaluating Solid Waste; Physical/Chemical Methods (SW-846)Publication
 Description: This document is the official compendium of analytical and sampling methods that have been evaluated and approved for use in complying with the RCRA regulations. SW-846 functions primarily as a guidance document setting forth acceptable, although not required, methods for the regulated and regulatory communities to use in responding to RCRA-related sampling and analysis requirements. To date, EPA has finalized Updates I, II, IIA, IIB, III, IIIA, IIIB, IVA and IVB to the Third Edition of SW-846 manual.
 
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.
 
12/01/2007RCRA Orientation Manual 2008Publication
 Description: This document updates the 2003 RCRA Orientation Manual (EPA530-R-06-003). This updated manual provides introductory information on the solid and hazardous waste management programs under the Resource Conservation and Recovery Act (RCRA). Designed for EPA and state staff, members of the regulated community, and the general public who wish to better understand RCRA, this document constitutes a review of the RCRA program and is not a substitute for RCRA or its implementing regulations.
 
09/01/2004Catalog of Hazardous and Solid Waste Publications, 17th EditionPublication
 Description: This catalog is a directory of EPA documents relevant to the RCRA program that lists hazardous and solid waste documents released by EPA's Office of Solid Waste (OSW). The catalog is a select list of publications that are frequently requested and is not a comprehensive list of all documents available.
 
02/12/2004APPLICABILITY OF THE F006 CLASSIFICATION TO WASTES FROM THE CHEMICAL ETCHING OF MAGNESIUMMemo
 Description: The applicability of hazardous waste listings is determined by the straight reading of regulatory language when specific processes are not mentioned. The F006 listing covers wastewater treatment sludges from certain electroplating operations. The listing applies to chemical etching, among other activities, and only excludes chemical etching of aluminum. Magnesium etching is not excluded, and wastewater treatment sludges generated from the chemical etching of magnesium are subject to the F006 listing. EPA's interpretation that the F006 listing applies to "common and precious metals" only applies in certain instances, but it did not affect anodizing, chemical etching and milling, or cleaning and stripping processes (SEE ALSO: 51 FR 43351; December 2, 1986). If a wastewater treatment sludge does not contain any constituents of concern for the F006 listing, the waste may be eligible for delisting.
 
01/01/2004Manejando Sus Residuos Peligrosos: Una Guía para Empresas Pequeñas (Spanish - Managing Your Hazardous Waste: A Guide for Small Businesses)Publication
 Description: This publication is the Spanish translation of Managing Your Hazardous Waste: A Guide for Small Businesses (EPA530-K-01-005). The manual helps small businesses determine whether they generate hazardous waste and provides comprehensive information on how to comply with the federal hazardous waste regulations for small quantity generators. It explains how to obtain an EPA identification number, manage hazardous waste on site, ship hazardous waste off site, comply with land disposal restrictions, and conduct good housekeeping.
 
12/01/2003Exención de los Residuos de Exploración y Producción de Petróleo Crudo y Gas Natural de los Reglamentos Federales de Residuos Peligrosos (Spanish - Exemption of Oil and Gas Exploration and Production Wastes from Federal Hazardous Waste Regulations)Publication
 Description: This publication is the Spanish translation of Exemption of Oil and Gas Exploration and Production Wastes from Federal Hazardous Waste Regulations (EPA 530-K-01-004). This document provides an understanding of the exemption of certain oil and gas exploration and production (E&P) wastes from regulation as hazardous wastes under Subtitle C of the Resource Conservation and Recovery Act (RCRA). The information contained in this booklet includes a basic background on the E&P exemption, basic rules for determining the exempt or non-exempt status of wastes, examples of exempt and non-exempt wastes, status of E&P waste mixtures, clarifications of several misunderstandings about the exemption.
 
11/19/2003TRAINING AND MANIFEST SIGNATURE REQUIREMENTS FOR GENERATORSMemo
 Description: Training requirements depend on generator status. Conditionally exempt small quantity generators do not have training requirements. Generators who ship hazardous waste are subject to both RCRA and DOT regulations and need to comply with both EPA and DOT training requirements. The generator certification language on the manifest is essentially the same as the DOT shipper certification. Generators or representatives signing the certification on their behalf certify that materials being shipped are properly classified, described, packaged, marked and labeled, and in proper condition for transport. DOT regulations assume and EPA interprets its regulations to mean that the person signing the certification has personal knowledge of the facts regarding a waste and its proper preparation for transport. Appropriate knowledge at a minimum would require the successful completion of DOT training requirements. The shipper certification language does not extend to the waste minimization statement on manifest. The company represented by the signor and the individual signor may be liable for regulatory compliance.
 
09/24/2003OPTIONS FOR CCA WOOD TREATMENT PLANTS CONVERTING TO PRESERVATIVES THAT DO NOT GENERATE HAZARDOUS WASTEMemo
 Description: The prohibition against chromated copper arsenate (CCA) treatment of wood for residential use will require many wood treatment plants to convert to alternative preservatives and perform generator closure of hazardous waste drip pads (SEE ALSO: RPC# 12/1/1998-02, 11/1/1997-01). Three options for complying with the closure requirements are complete closure, continued operation, or phased closure. Complete closure requires owners and operators to clean close drip pads to cleanup levels determined by the implementing agency (SEE ALSO: RPC# 3/16/1998-01) or to close pads as landfills if clean closure cannot be performed. Continued operation requires no cleaning or replacement of drip pads, but owners and operators must continue to comply with the drip pad requirements and manage all wastewaters, process residuals, preservative drippage, spent formulations, and related materials as hazardous wastes via the mixture rule. Phased closure requires owners and operators to sufficiently clean drip pads, system components, and equipment and requires continued compliance with certain drip pad requirements until complete closure is performed. Methods for cleaning drip pads depend on whether pads are covered or sealed, and the methods include gritblasting, hydroblasting/water blasting, solvent washing, and steam cleaning.
 
09/01/2003Aspectos Sociales de la Ubicación de Instalaciones de Residuos Peligrosos de RCRA (Spanish - Social Aspects of Siting RCRA Hazardous Waste Facilities)Publication
 Description: This publication is the Spanish translation of Social Aspects of Siting RCRA Hazardous Waste Facilities (EPA530-K-00-005), which has been developed for industries and for government agencies that interact with communities when hazardous waste facilities are sited. The primary purpose of this booklet is to share experiences and creative mechanisms that work effectively with communities, as well as encourage businesses and government agencies to address community concerns early, collaboratively, and compassionately.
 
08/01/2003RCRA EN FOCO: TRANSPORTE DE CARGA POR CARRETERA Y FERROCARRIL (Spanish - RCRA In Focus: Motor Freight & Railroad Transportation)Publication
 Description: This document is the Spanish translation of RCRA In Focus: Motor Freight & Railroad Transportation (EPA530-K-00-003), which explains how the motor freight and railroad industry could be regulated under the RCRA program. It describes RCRA in general and includes a table detailing each requirement that might apply to this industry. The document also contains suggestions for methods of waste minimization, a summary of other pertinent laws, and a list of additional resources.
 
07/01/2003Multimedia, Multipathway, and Multireceptor Risk Assessment (3MRA) Modeling System Volume III: Ensuring Quality of the System, Modules, and DataPublication
 Description: This document is the third volume of a five-volume set. This volume describes the approach to quality assurance, including verification and validation activities ranging from extensive peer reviews to multimedia model comparisons.
 
07/01/2003Multimedia, Multipathway, and Multireceptor Risk Assessment (3MRA) Modeling System Volume II: Site-based, Regional, and National DataPublication
 Description: This document is the second volume of a five-volume set. This volume describes the data developed and used to run the 3MRA modeling system.
 
07/01/2003Multimedia, Multipathway, and Multireceptor Risk Assessment (3MRA) Modeling System Volume IV: Evaluating Uncertainty and SensitivityPublication
 Description: This document is the fourth volume of a five-volume set. This Volume describes the methodology used to evaluate sensitivity of model parameters and characterize different types of uncertainty in the 3MRA modeling system.
 
07/01/2003Multimedia, Multipathway, and Multireceptor Risk Assessment (3MRA) Modeling System Volume I: Modeling System and SciencePublication
 Description: This document is the first volume of a five-volume set. This volume describes the conceptual design, scientific rationale, and supporting data that are the foundation for the 3MRA modeling system.
 
07/01/2003Multimedia, Multipathway, and Multireceptor Risk Assessment (3MRA) Modeling System Volume V: Technology Design and User’s GuidePublication
 Description: This document is the fifth volume of a five-volume set. This volume describes the technology design and includes a user’s guide.
 
04/28/2003TREATMENT OF MERCURY-BEARING HAZARDOUS WASTES BEFORE DISPOSALMemo
 Description: Mercury-bearing hazardous wastes originate from several sources, including households, industry, and cleanup sites. Different federal and state regulations govern such wastes depending on their source. EPA is reaching out to states and municipalities to improve their understanding of the management and disposal of mercury-bearing wastes from different sources. Some mercury-bearing wastes are treated using the alternative land disposal restrictions (LDR) debris treatment standards in 268.45 as opposed to the treatment standards requiring retorting in 268.40. EPA is investigating whether mercury-containing debris are typically disposed of in landfills, with or without treatment, or reclaimed through retorting. (SEE ALSO: 70 FR 45508; 8/5/05)
 
04/14/2003MANAGEMENT OF MERCURY-CONTAINING HAZARDOUS WASTESMemo
 Description: Mercury-containing hazardous wastes come from several sources, including households, industry, and cleanup sites. Federal and state regulations differ for such wastes depending on their source. EPA is working with states to determine how mercury-containing devices are managed by collection programs and is consulting Regional offices to track the disposition of mercury cleanup wastes. In order to divert mercury-containing products from municipal and hazardous wastestreams, EPA has proposed to add mercury-containing equipment to the universal waste rule and has initiated several outreach programs that promote the recycling of mercury lamps and other mercury wastes (SUPERCEDED: 70 FR 45508; 8/5/05).
 
12/20/2002MANAGEMENT OF USED ELECTRONICS Memo
 Description: EPA and its state partners have developed detailed regulations to ensure proper waste management to prevent pollution. EPA, states, industry, and nonprofit groups are working to solve challenges presented by used electronics. EPA initiatives currently include proposed changes to the hazardous waste regulations to encourage the recycling of cathode ray tubes (CRTs), the National Electronics Product Stewardship Initiative, and the development of a national electronics recycling outreach campaign (SEE ALSO: 67 FR 40508; 6/12/02).
 
12/01/2002RCRA En Foco: Mantenimiento De Vehículos (Spanish - RCRA In Focus: Vehicle Maintenance)Publication
 Description: This is the Spanish translation of RCRA In Focus: Vehicle Maintenance. The RCRA in Focus series provides an overview of the basic federal regulations covering wastes that are likely to be hazardous in certain industries. This edition explains how the vehicle maintenance industry could be regulated under the RCRA program. It describes RCRA in general and includes a table detailing each requirement that might apply to this industry. The document also contains suggestions for methods of waste minimization, a summary of other laws that might be pertinent and a list of additional resources.
 
10/07/2002FOLLOW-UP ACTIVITIES TO THE HAZARDOUS WASTE CHARACTERISTICS SCOPING STUDYMemo
 Description: The Hazardous Waste Characteristics Scoping Study reviewed the effectiveness of current hazardous waste characteristics in identifying regulated hazardous wastes. The study examined whether other properties should be used to classify a waste as hazardous or if current characteristics should be expanded. The Scoping Study found most nonhazardous waste is managed appropriately when disposed. More investigations are needed on the risk of waste releases to air, on the potential for hazardous constituents to leach from waste, and on the measurement of the ignitability, corrosivity, and reactivity characteristics. Air studies found no need for additional regulation. Other investigations are currently underway.
 
09/10/2002RESULTS OF HAZARDOUS WASTE CHARACTERISTICS SCOPING STUDYMemo
 Description: The Hazardous Waste Characteristics Scoping Study reviewed RCRA hazardous waste (HW) characteristics. The Scoping Study examined whether the regulations were effective in identifying HW, whether other waste properties should be used to classify HW, and whether HW characteristics should be expanded. More studies are needed on the risks of waste releases to air, the potential for hazardous constituents to leach, and measurements of the ignitability, corrosivity, and reactivity characteristics. Air studies found no need for additional regulation. The Scoping Study found that most nonhazardous waste is managed appropriately when disposed.
 
09/01/2002Enhancing Facility-Community Relations: Strengthening the Bridge Between Hazardous Waste Facilities and Their NeighborsPublication
 Description: This document is a publication on hazardous waste management facility locations as they relate to social and environmental issues. With more than 2,260 hazardous waste facilities in the U.S., developing and maintaining good community relations is vital. It is important for facilities to maintain continuous, strong relationships with neighboring communities throughout their operation and after closure. Although not all communities are affected by federal hazardous waste regulations, for those that are, their concerns need to be addressed early, collaboratively, and compassionately.
 
06/01/2002RCRA Hazardous Waste Delisting: The First 20 YearsPublication
 Description: This report documents an evaluation of the outcomes and impacts of the hazardous waste delisting program, conducted by the United States Environmental Protection Agency under the Resources Conservation and Recovery Act (RCRA). The report describes the rationale for conducting a program evaluation, the results and outcomes of the delisting program, and other findings and issues raised in this evaluation. This evaluation was undertaken as part of EPA's implementation of the Government Performance and Results Act (GPRA) of 1993. That statute requires federal agencies to include program evaluations in the strategic planning process.
 
06/01/2002RCRA In Focus: Dry Cleaning (Korean Translation)Publication
 Description: The RCRA in Focus series provides an overview of the basic federal regulations covering wastes that are likely to be hazardous in certain industries. This edition explains how the dry cleaning industry could be regulated under the RCRA program. It describes RCRA in general and includes a table detailing each requirement that might apply to this industry. The document also contains suggestions for methods of waste minimization, a summary of other laws that might be pertinent and a list of additional resources.
 
04/01/200225 Years of RCRA: Building on Our Past to Protect Our FuturePublication
 Description: This report commemorates RCRA's anniversary and highlights the successes of RCRA's protective framework. It acknowledges the vital role that states, tribes, industry and communities have played in that success
 
03/01/2002Report to Congress: Evaluating the Consensus Best Practices Developed through the Howard Hughes Medical Institute's Collaborative Hazardous Waste Management Demonstration Project and the Need for Regulatory Changes to Carry Out Project RecommendationsPublication
 Description: The Report was prepared at the direction of the Fiscal Year 2001 Departments of Veterans Affairs, Housing and Urban Development and Independent Agencies Appropriations Committee (Senate Report 106-410 and House Report 106-674 accompanying H.R. 4635). The Report discusses a collaborative project EPA participated in with the Howard Hughes Medical Institute, ten major academic research institutions, and states. The collaborative project established and evaluated a performance-based approach to management of hazardous wastes in the laboratories of academic research institutions.
 
02/13/2002STATUS OF UPDATE IVB TO SW-846Memo
 Description: EPA released SW-846 Update VIB in a notice of availability, which made the methods immediately available for use by the public. As a result of using the notice, a final rulemaking is not needed. Use of SW-846 Update VIB methods is restricted only in those limited cases where EPA regulations specify use of prior SW-846 methods.
 
01/01/2002Environmental Fact Sheet: Rule Proposed To Reduce Hazardous Waste Record Keeping RequirementsPublication
 Description: In compliance with the goals of the Paperwork Reduction Act, the Environmental Protection Agency (EPA) is trying to reduce regulatory burdens associated with the hazardous waste management regulations.
 
01/01/2002Exemption of Oil and Gas Exploration and Production Wastes from Federal Hazardous Waste RegulationsPublication
 Description: This document replaces EPA530-K-95-003. This publication provides an understanding of the exemption of certain oil and gas exploration and production (E&P) wastes from regulation as hazardous wastes under Subtitle C of the Resource Conservation and Recovery Act (RCRA). The information contained in this booklet is intended to furnish the reader with: A basic background on the E&P exemption, Basic rules for determining the exempt or nonexempt status of wastes, Examples of exempt and non-exempt wastes, Status of E&P waste mixtures, Clarifications of several misunderstandings about the exemption.
 
12/01/2001Managing Your Hazardous Waste: A Guide for Small BusinessesPublication
 Description: The manual helps small businesses determine whether they generate hazardous waste and provides comprehensive information on how to comply with the federal hazardous waste regulations for small quantity generators. It explains how to obtain an EPA identification number, manage hazardous waste on site, ship hazardous waste off site, comply with land disposal restrictions, and conduct good housekeeping.
 
10/11/2001REGULATORY STATUS OF ANTIMONY OXIDE SLAGMemo
 Description: Currently antimony oxide slag is not a hazardous waste because a final decision has not been made to list the slag as hazardous (SEE ALSO: 66 FR 58258; 11/20/01). The management of any secondary material, including use in the production of a product, may be subject to state regulations. A waste that is actively managed after the effective date of a listing would be subject to the listing. Slag used as an ingredient in product asphalt prior to the effective date of the listing would not be a hazardous waste when actively managed after the effective date of the listing, unless it exhibited a hazardous waste characteristic. Since the listing does not apply at the time of use, the use would not be subject to RCRA jurisdiction. Any releases from the material to the environment could be considered wastes and addressed under Section 7003 of RCRA.
 
09/14/2001STORAGE OF TOXIC MATERIALS IN AMERICAMemo
 Description: The Solid Waste Disposal Act and subsequent amendments include provisions to regulate the generation, treatment, storage, and disposal of hazardous waste. In most cases, hazardous waste must be treated before being placed in a secure landfill. Hazardous waste disposal facilities must receive permits from EPA, which include security features.
 
09/01/2001LAND DISPOSAL RESTRICTIONS FOR F001-F005 SOLVENT WASTESQuestion & Answer
 Description: Facilities generating F001-F005 spent solvent wastes containing carbon disulfide, cyclohexane, and methanol, along with other listed solvent constituents, need to treat only the wastewater forms of these three constituents. A facility must treat F003 and/or F005 spent solvents that contain only one or a combination of carbon disulfide, cyclohexane, and methanol to the concentration levels specified for this subcategory. If the F001-F005 waste is also characteristic, then the facility must meet the treatment standards for all UHCs including both the wastewater and nonwastewater standards for carbon disulfide, cyclohexane, and/or methanol.
 
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).
 
08/09/2001LAND DISPOSAL RESTRICTIONS TREATMENT STANDARD FOR DISCARDED RADIOACTIVE CONTAMINATED LEAD ACID BATTERIESMemo
 Description: The appropriate LDR treatment method for radioactively contaminated lead acid batteries is macroencapsulation. Macroencapsulation applies not only to lead shielding, but to other elemental forms of lead. This technology will require less worker exposure than lead recovery (i.e., smelting) of radioactive batteries. Lead recovery would also radioactively contaminate the entire mass lead that was recovered, making it unusable.
 
08/01/2001LAND DISPOSAL RESTRICTIONS AND USE CONSTITUTING DISPOSALQuestion & Answer
 Description: Compliance with the land disposal restrictions (LDR) treatment standards applies to the product that will be used in a manner constituting disposal, not the waste before it becomes a manufactured product. A recyclable material that is used in a manner constituting disposal is not subject to regulation if the product meets the applicable LDR treatment standards for each hazardous waste it contains before it is applied to the land.
 
07/24/2001RECYCLING OF PETROLEUM VAPORS AND LIQUID CONDENSATE FROM PETROLEUM PRODUCT STORAGE TERMINALSMemo
 Description: Volatile hydrocarbons released from petroleum products, which are absorbed on to carbon-containing filters or vapor recovery units (VRUs) and then returned to the front end of the petroleum refinery to be reused, are not solid wastes. The captured hydrocarbons are considered commercial chemical products being reclaimed, which are excluded from the definition of solid waste, even if they are non-listed commercial chemical products. State regulations may be more stringent than the federal regulations.
 
07/03/2001SHOP TOWELS CONTAINING HAZARDOUS SOLVENTSMemo
 Description: EPA has not determined what regulatory action may be appropriate for solvent-contaminated wipes. The Agency’s efforts on this issue were initiated as a result of petitions from various industries. EPA intends to develop a consistent, cost-effective regulatory program and will examine regulatory cost burden on small businesses associated with their use of wipes. If EPA proposes a rule, stakeholders and the general public will be granted a 90-day comment period to submit formal, written comments and make suggestions on the rule.
 
06/26/2001REUSABLE AND DISPOSABLE SOLVENT-CONTAMINATED WIPESMemo
 Description: EPA has not determined what regulatory action may be appropriate for solvent-contaminated wipes. The Agency’s efforts on this issue were initiated as a result of petitions from various industries. EPA intends to develop a consistent, cost-effective regulatory program and will examine regulatory cost burden on small businesses associated with their use of wipes. If EPA proposes a rule, stakeholders and the general public will be granted a 90-day comment period to submit formal, written comments and make suggestions on the rule.
 
06/22/2001SOILED REUSABLE AND DISPOSABLE SHOP TOWELS CONTAINING HAZARDOUS WASTE SOLVENTSMemo
 Description: EPA has not published any proposal regarding solvent-contaminated wipes in the Federal Register. The Agency’s efforts on this issue were initiated as a result of petitions from various industries. EPA intends to develop a consistent, cost-effective regulatory program and will examine regulatory cost burden on small businesses associated with their use of wipes. If EPA proposes a rule, stakeholders and the general public will be granted a 90-day comment period to submit formal, written comments and make suggestions on the rule.
 
06/20/2001DISPOSAL OF OIL SLUDGE FROM OLD OIL TANKSMemo
 Description: The regulatory status of oil and oil sludge wastes removed from old tanks will depend upon whether the oil is used or unused, the source of the oil, and whether the oil sludge meets the definition of a hazardous waste. If the oil is unused, then the generator must make a hazardous waste determination based on testing or knowledge of the waste. Nonhazardous liquid oil may be mixed with an absorbant and disposed of in a municipal landfill. If the oil waste is hazardous, the waste must be managed in accordance with state and federal regulations. There are special federal exclusions for generators of less than 100 kg/month which may not be allowed by certain state regulations. Generators of hazardous waste are primarily liable for waste mismanagement, although any person may be held liable for violating RCRA regulations.
 
05/15/2001LAND DISPOSAL RESTRICTION REQUIREMENTS FOR CHARACTERISTIC WASTESMemo
 Description: Characteristic wastewaters that are mixed with a solid waste and decharacterized are still subject to 268.40 standards, including treatment for underlying hazardous constituents (UHCs). Characteristic wastewaters may be mixed with solid wastes or otherwise diluted and then injected into deep underground wells or placed in surface impoundments subject to controls imposed by the Clean Water Act (CWA) without meeting 268.40 standards. An accidental spill of hazardous waste that is promptly cleaned up is not considered land placement. LDR treatment standards apply to contaminated soils that exhibit a characteristic or contain a listed waste. LDRs attach to a hazardous waste contaminated soil when it is excavated and when it is ultimately going to be placed in a land disposal unit. LDRs will apply until standards are met even if the soil is subsequently decharacterized. If a soil contaminated by a characteristic waste does not exhibit a characteristic when it is excavated, then LDRs do not apply. Any deliberate mixing of hazardous waste with soil in order to change its treatment classification is impermissible dilution and illegal.
 
04/19/2001FEDERAL REGULATIONS GOVERNING SOLVENT-CONTAMINATED WIPESMemo
 Description: EPA intends to move forward with proposing a rule addressing solvent-contaminated wipes as quickly as possible. EPA strives to develop a consistent regulatory program where solvent-contaminated wipes are managed in an environmentally sound, cost-effective manner while encouraging source reduction and recycling.
 
02/26/2001REGULATORY STATUS OF SHOP TOWELS CONTAINING HAZARDOUS SOLVENTSMemo
 Description: The Agency has not published any proposals regarding solvent-contaminated wipes in the Federal Register. EPA has been and will continue to analyze the economic impact of any future rule on small businesses.
 
02/15/2001PLASMA ENHANCED MELTER (PEM) AND GASIFICATION AND VITRICATION (GASVIT) SYSTEMS AS LDR COMBUSTION TREATMENT TECHNOLOGYMemo
 Description: The CMBST treatment standard includes treatment in thermal units such as incinerators, boilers, and industrial furnaces. The CMBST definition also includes non-combustion units when operated pursuant with applicable technical operating requirements. The PEM or GASVIT technology does not need to obtain a determination of equivalent treatment (DET) because the system satisfies the CMBST definition due to its organic constituent destruction removal efficiency, the high temperatures reached in its process chamber, and its air pollution control devices (SEE ALSO: 61 FR 15588; 4/8/96).
 
01/26/2001VARIANCE FOR WORLD RESOURCE COMPANYMemo
 Description: EPA expects to make a final determination by the end of year regarding World Resources Company’s application for a variance from the definition of solid waste. If granted, their electroplating wastewater treatment sludge would not be a solid waste, and thus not a hazardous waste (F006).
 
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).
 
11/13/2000IMPLEMENTATION OF VACATURE OF TCLP USE FOR EVALUATING MANUFACTURED GAS PLANT (MGP) WASTES IN THE BATTERY RECYCLERS CASEMemo
 Description: D.C. Court of Appeals vacated use of TCLP for evaluating manufactured gas plant (MGP) waste (Association of Battery Recyclers, Inc., et al. v. US EPA). MGP waste cannot be classified as toxicity characteristic (TC) hazardous, since TCLP test is part of TC regulatory definition. MGP wastes unlikely to exhibit other characteristics. MGP wastes may be regulated under broader in scope state programs, state cleanup programs, or state industrial waste programs (SEE ALSO: 65 FR 51087; 8/22/00; RPC# 10/19/00-01).
 
11/01/2000Environmental Fact Sheet: EPA Promulgates Listing Determination for Certain Wastes from the Production of Chlorinated Aliphatics Publication
 Description: Presents background information about chlorinated aliphatics waste streams, and announces the promulgated listing.
 
11/01/2000LAND DISPOSAL RESTRICTIONS NOTIFICATION REQUIREMENTS FOR CONTAMINATED SOILQuestion & Answer
 Description: Generator of contaminated soil that does not meet LDR treatment standard at point of generation is subject to 268.7(a)(2) notification requirements. Generator of contaminated soil which meets treatment standard at point of generation is subject to notification requirements of 268.7(a)(3)(ii). Generator must send one-time written notice containing LDR information to TSDF and place copy in files in both situations (SEE ALSO: 63 FR 28556, 28620; 5/26/98).
 
10/19/2000MANUFACTURED GAS PLANT (MGP) REMEDIATION WASTE Memo
 Description: TCLP cannot be used to determine whether manufactured gas plant (MGP) waste is hazardous due to court ruling (Association of Battery Recyclers, Inc., et al. v. US EPA). MGP remediation waste is not listed but may be hazardous if exhibit ignitable, corrosive, or reactive characteristic, though unlikely. MGP remediation waste determined to be nonhazardous would be governed by state industrial or nonhazardous waste regulations (SEE ALSO: 65 FR 51087; 8/22/00; RPC# 11/13/00-01).
 
10/01/2000Hazardous Waste in Your CommunityPublication
 Description: This fact sheet discusses what requirements must be met under RCRA in order to manage hazardous waste in a safe and protective manner, and the three parties involved in the cradle-to-grave lifecycle of a hazardous waste: generators; transporters; and treatment, storage, or disposal facilities (TSDFs).
 
10/01/2000How Does RCRA Work?Publication
 Description: This fact sheet discusses basic concepts of RCRA, including EPA identification numbers, the manifest, permitting, state authorization, enforcement, and cleaning up releases.
 
10/01/2000How You Can Make a Difference in Hazardous Waste ManagementPublication
 Description: This fact sheet discusses ways that citizens can help protect themselves and their environment from hazardous waste releases by understanding the RCRA regulations and learning how to participate in environmental decision-making.
 
10/01/2000Managing Hazardous Waste in Your Community (kit)Publication
 Description: This kit includes a series of fact sheets that provide a basic overview of EPA's hazardous waste regulations, as well as sources for additional information. The kit includes the fact sheets Hazardous Waste in Your Community (EPA 530-E-00-001a) , State Hazardous Waste Contacts (EPA 530-E-00-001b), How Does RCRA Work? (EPA 530-E-00-001c), Safe Hazardous Waste Recycling (EPA 530-E-00-001d), What Makes a Waste Hazardous? (EPA 530-E-00-001e), and How You Can Make a Difference in Hazardous Waste Management (EPA 530-E-00-001f).
 
10/01/2000Safe Hazardous Waste RecyclingPublication
 Description: This fact sheet discusses hazardous waste recycling activities including combustion for energy recovery, use constituting disposal, reclamation, and direct use and reuse. It also discusses regulations that address the recycling of the following hazardous materials: used oil, precious metals, and scrap metal.
 
10/01/2000State Hazardous Waste ContactsPublication
 Description: This fact sheet provides addresses for state hazardous waste contacts.
 
10/01/2000What Makes a Waste Hazardous?Publication
 Description: This fact sheet discusses the basic hazardous waste identification process, including hazardous waste listings and characteristics, and different forms of hazardous wastes such as mixtures, derived-from wastes, and contaminated media and debris.
 
09/01/2000LAND DISPOSAL RESTRICTIONS FOR IMPORTED HAZARDOUS WASTESQuestion & Answer
 Description: Characteristic waste decharacterized prior to entering the United States not subject to land disposal restrictions (LDR) treatment standards or paperwork requirements. U.S. importer is responsible for hazardous waste identification. Importer must comply with all applicable RCRA standards and special importer requirements for waste that is hazardous at point it enters the United States.
 
09/01/2000Office of Solid Waste Publications ListPublication
 Description: This document provides a bibliography of available resources in the following areas: Combustion/incineration, composting, educational materials, Spanish documents, general OSW docs, hazardous waste, land disposal restrictions, landfilling, medical wastes, municipal solid waste, newsletters, oil and gas, source reduction, recycling, tribal/Native American, and used oil.
 
08/07/2000FEDERAL CONTROLS OF DRY CLEANING FLUID PERCHLOROETHYLENEMemo
 Description: RCRA mandates EPA establish requirements for management of hazardous waste such as perc (perchloroethylene, tetrachloroethylene). EPA has developed numerous compliance assistance documents for dry cleaning industry. EPA’s Design for the Environment Program (DfE) forms voluntary partnerships to evaluate environmental considerations of products and processes.
 
08/04/2000GUIDANCE ON WASTEWATER TREATMENTMemo
 Description: EPA has not formally defined “wastewater” in context of wastewater treatment unit (WWTU) exclusion (SEE ALSO: RPC# 7/31/81-01). Tanks in which sludge is heated (i.e., sludge dewatering) could be part of exempt WWTU. Oil recycling unit could be exempt under 261.6(c). There is no minimum percentage of oil that wastewater must contain for legitimate recycling (SEE ALSO: RPC# 4/26/89-02).
 
08/01/2000Environmental Fact Sheet: Amendments to CAMU Rule ProposedPublication
 Description: This fact sheet discusses the proposal to amend the 1993 Corrective Action Management Unit (CAMU) rule to provide additional detail to the framework for managing hazardous cleanup wastes in CAMUs. This proposal is intended to make the Agency's general expectations for CAMUs clearer, and the CAMU process more consistent and predictable, as well as more explicit for the public. In these proposed amendments, the Agency seeks to achieve the proper balance between providing national minimum standards while retaining the flexibility that is necessary to make site-specific CAMU decisions.
 
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).
 
06/26/2000REGULATORY STATUS OF A SUMP ASSOCIATED WITH AN ELEMENTARY NEUTRALIZATION UNITMemo
 Description: Sump which meets definition of tank and is used in conveying hazardous wastewater to elementary neutralization unit (ENU) could be considered ancillary equipment to ENU and exempt from the requirements of Parts 264, 265, and 270. Authorized state program or Region must make site-specific determination.
 
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.
 
04/01/2000Social Aspects of Siting RCRA Hazardous Waste FacilitiesPublication
 Description: At the request of the Waste and Facility Siting Subcommittee of the National Environmental Justice Advisory Council (NEJAC), this booklet has been developed for industries and for government agencies that interact with communities when hazardous waste facilities are sited. It offers examples of quality of life concerns raised by environmental justice communities when facilities are sited. The primary purpose of this booklet is to share experiences and creative mechanisms that have been developed in order to work effectively with communities, as well as encourage businesses and government agencies to address community concerns early, collaboratively and compassionately.
 
02/01/2000Accessing RCRA Solid and Hazardous Waste InformationPublication
 Description: This document provides suggestions on how to access information about RCRA solid and hazardous waste on OSW's Web site. This flyer is in English on one side and in Spanish on the other.
 
11/01/1999Environmental Fact Sheet: Hazardous Waste Identification Rule: Proposed Rule (HWIR-Waste Proposal)Publication
 Description: This fact sheet announces EPA's proposal to amend its regulations under Subtitle C of RCRA by revising the mixture and derived-from rules and discusses the establishment of a concentration-based exemption.
 
11/01/1999Screening Level Ecological Risk Assessment Protocol for Hazardous Waste Combustion Facilities, Peer Review Draft (Complete Set)Publication
 Description: A draft publication which details the recommended approach for conducting ecological risk assessments in support of permitting RCRA hazardous waste combustion facilities. This Protocol is available for both public comment and use in site-specific ecological risk assessments related to combustor emissions.
 
11/01/1999Screening Level Ecological Risk Assessment Protocol for Hazardous Waste Combustion Facilities, Volume One - Peer Review DraftPublication
 Description: A draft publication which details the recommended approach for conducting ecological risk assessments in support of permitting RCRA hazardous waste combustion facilities. This Protocol is available for both public comment and use in site-specific ecological risk assessments related to combustor emissions.
 
11/01/1999Screening Level Ecological Risk Assessment Protocol for Hazardous Waste Combustion Facilities, Volume Three - Peer Review DraftPublication
 Description: A draft publication which details the recommended approach for conducting ecological risk assessments in support of permitting RCRA hazardous waste combustion facilities. This Protocol is available for both public comment and use in site-specific ecological risk assessments related to combustor emissions.
 
11/01/1999Screening Level Ecological Risk Assessment Protocol for Hazardous Waste Combustion Facilities, Volume Two - Peer Review DraftPublication
 Description: A draft publication which details the recommended approach for conducting ecological risk assessments in support of permitting RCRA hazardous waste combustion facilities. This Protocol is available for both public comment and use in site-specific ecological risk assessments related to combustor emissions.
 
11/01/1999THE FEDERAL FACILITY COMPLIANCE ACT AND DOE MIXED WASTE STORAGEQuestion & Answer
 Description: Expiration of three-year delay in effective date of waiver of sovereign immunity for RCRA 3004(j) violations may not affect DOE facilities currently storing mixed waste. Under RCRA 3021(b), DOE was required to submit either to EPA or to state regulatory officials a site treatment plan for developing mixed waste treatment capacity and technologies. As of January 1997, all of the treatment plans for the 35 DOE sites storing mixed waste had been approved by the appropriate regulators.
 
10/28/1999SPENT CATALYSTS FROM PETROLEUM REFINING HYDROCRACKING PROCESSESMemo
 Description: EPA made no formal listing determination for spent hydrocracking catalysts generated by petroleum refineries. Agency listed spent hydrotreating catalysts (K171) and spent hydrorefining catalyst (K172). No action regarding a listing determination is not the same as “no list” determination. Spent hydrocracking catalysts may exhibit characteristics of toxicity or ignitability (SEE ALSO: 63 FR 42110; 8/6/98).
 
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.
 
10/18/1999SUGGESTED FEDERAL PROGRAM FOR HAZARDOUS WASTE MANAGEMENTMemo
 Description: RCRA was enacted in 1976 to address the huge volumes of municipal and industrial solid waste generated nationwide. EPA’s internet site provides information on hazardous waste, municipal solid waste, and special waste. EPA has not developed a special logo or graphic for these types of waste. The Agency’s EMPACT program works with communities to collect, manage, and present environmental information.
 
10/01/1999LAND DISPOSAL RESTRICTIONS (LDR) TREATMENT STANDARDS AND DISPOSAL OPTIONS FOR CONTAMINATED SOILQuestion & Answer
 Description: Alternative land disposal restrictions (LDR) soil treatment standards require that all constituents subject to treatment be treated to 90 percent reduction capped at 10 times universal treatment standard (UTS) level. Hazardous contaminated soil that exhibits toxicity characteristic when generated may be disposed in Subtitle D landfill or placed back on the land once soil meets LDR treatment requirements and is decharacterized. Hazardous contaminated soil that exhibits toxicity characteristic when generated that meets LDR treatment requirements but is not decharacterized must be disposed in a Subtitle C landfill.
 
08/01/1999Environmental Fact Sheet: EPA Proposes Listing Certain Wastes From the Production of Chlorinated Aliphatics Publication
 Description: Announces EPA's proposal to list four waste groupings for wastewater treatment sludges and one category of wastewater generated from the production of specified chlorinated aliphatic chemicals.
 
08/01/1999Environmental Fact Sheet: Revised Technical Standards for Hazardous Waste Combustion FacilitiesPublication
 Description: This fact sheet announces EPA's effort to reduce hazardous air pollutants by issuing emission standards for hazardous waste-burning incinerators, cement kilns, and lightweight aggregate kilns. The fact sheet describes how these standards will significantly limit emissions of many hazardous air pollutants, including dioxins and furans, mercury, and other heavy metals.
 
08/01/1999Screening Level Ecological Risk Assessment Protocol for Hazardous Waste Combustion Facilities, Peer Review Draft, CD-ROM Publication
 Description: A draft publication which details the recommended approach for conducting ecological risk assessments in support of permitting RCRA hazardous waste combustion facilities. This Protocol is available for both public comment and use in site-specific ecological risk assessments related to combustor emissions
 
07/01/1999Environmental Fact Sheet: Hazardous Waste Listing Determination for Two Dye and Pigment WastesPublication
 Description: Announces EPA's proposal of concentration-based listings for two deferred dye and pigment wastes. Explains that listing determinations are based on risk assessment results that show certain concentration levels of constituents contained in these wastes may pose potential hazards to human health when disposed in landfills. Details EPA's decision not to list wastewater treatment sludge from the production of anthraquinone dyes and pigments.
 
06/07/1999MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS FOR CEMENT KILNS BURNING HAZARDOUS WASTE FUELSMemo
 Description: Agency response to a Senator regarding risk justification for Maximum Achievable Control Technology (MACT) standards. A beyond-the-floor standard for lead and cadmium would reduce emissions of these metals by 5.5 megagrams per year beyond floor emission level. A beyond-the-floor standard would not affect the quantity of hazardous waste fuels burned in cement kilns. There is a discussion of the Agency initiative to move from an almost exclusively technology-based program to a risk-based program (SEE ALSO: 64 FR 52828; 9/30/99).
 
06/01/1999Environmental Fact Sheet: Ideas to Reduce Reporting Requirements at Hazardous Waste FacilitiesPublication
 Description: Announces EPA's ideas for streamlining its hazardous waste reporting and recordkeeping requirements.
 
06/01/1999RCRA In Focus: Dry CleaningPublication
 Description: The RCRA in Focus series provides an overview of the basic federal regulations covering wastes that are likely to be hazardous in certain industries. This edition explains how the dry cleaning industry could be regulated under the RCRA program. It describes RCRA in general and includes a table detailing each requirement that might apply to this industry. The document also contains suggestions for methods of waste minimization, a summary of other laws that might be pertinent and a list of additional resources.
 
06/01/1999RCRA In Focus: Vehicle MaintenancePublication
 Description: The RCRA in Focus series provides an overview of the basic federal regulations covering wastes that are likely to be hazardous in certain industries. This edition explains how the vehicle maintenance industry could be regulated under the RCRA program. It describes RCRA in general and includes a table detailing each requirement that might apply to this industry. The document also contains suggestions for methods of waste minimization, a summary of other laws that might be pertinent and a list of additional resources.
 
06/01/1999TRACKING REQUIREMENTS FOR USED OILQuestion & Answer
 Description: A hazardous waste manifest does not need to accompany each shipment of used oil. Used oil transporters, burners, processors/re-refiners, and marketers must maintain records documenting the acceptance and delivery of each used oil shipment. The tracking record need not physically accompany each used oil shipment.
 
05/12/1999ELECTROPLATING WASTEWATER TREATMENT SLUDGES FROM GRAY CAST IRON MANUFACTURING OPERATIONSMemo
 Description: Exclusion from F006 for zinc plating on carbon steel does not apply to plating on gray cast iron, a different base metal. Wastes from gray cast iron plating operations are eligible for delisting petition.
 
04/12/1999RECLAMATION OF FLUORESCENT LAMPSMemo
 Description: Unused mercury lamps are commercial chemical products (CCP) and not solid wastes if reclaimed. Used mercury lamps are spent materials. EPA is considering adding spent lamps to universal waste program (SEE ALSO: 64 FR 36466; 7/6/99).
 
03/29/1999CLARIFICATION OF WOOD SURFACE PROTECTION AND WOOD PRESERVING DEFINITIONSMemo
 Description: Distinction between wood surface protection and wood preserving is based upon intent of process. Wood preserving is intended to protect physical integrity of wood. Surface protection is intended to prevent surface discoloration (SEE ALSO: 58 FR 25706; 4/27/93). Media actively managed which contain F032 waste would carry F032 listing.
 
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).
 
03/17/1999CLEANUP 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).
 
03/01/1999REBUTTABLE PRESUMPTION HALOGEN LEVEL VS. SPECIFICATION HALOGEN LEVELQuestion & Answer
 Description: A generator can rebut the presumption that the used oil has been mixed with a listed hazardous waste when the used oil exceeds the 4000 ppm total halogen specification level. There is no halogen level over which it is impossible to rebut the presumption of mixing.
 
03/01/1999Reinventing the ProgramPublication
 Description: This fact sheet reviews the objectives of the performance-based measurement system (PBMS). This fact sheet is included in the series Monitoring Science in the RCRA Program (EPA530-E-99-001).
 
03/01/1999The Waste Testing and Quality Assurance (WTQA) SymposiumPublication
 Description: This fact sheet announces the Waste Testing and Quality Assurance (WTQA) symposium, extends an invitation for the symposium, and explains the process for presenting papers at the symposium. This fact sheet is included in the series Monitoring Science in the RCRA Program (EPA530-E-99-001).
 
02/19/1999REGULATORY STATUS OF PETROLEUM PRODUCT CONTAINED IN ABSORBENT PADSMemo
 Description: Absorbent pads used to absorb petroleum products (e.g., gasoline, kerosene, fuel oil) from spills and tank cleanings, which are processed to recover petroleum products, are off-specification CCPs being reclaimed and not wastes. Recovered petroleum products that are reprocessed or burned as fuels are not solid wastes. Residues from spill cleanups are viewed as off-specification products. CCPs not specifically listed in 261.33 have the same regulatory status as CCPs that are listed when determining regulatory status of recycled material (SEE ALSO: 50 FR 14219; 4/11/85).
 
02/09/1999STORAGE AND DISPOSAL OF MIXED TRANSURANIC WASTE (MTRU) Memo
 Description: EPA extended enforcement policy to address cases where mixed wastes are inadequately treated and stored illegally. Policy requires generators to use any treatment technology or disposal capacity available or face potential enforcement action. Mixed waste must be safely stored in compliance with EPA regulations (SEE ALSO: 63 FR 59989; 11/6/98).
 
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”.
 
11/01/1998Environmental Fact Sheet: Final HWIR-Media RulePublication
 Description: Announces EPA's final rule, which sets new requirements under RCRA for hazardous and remediation wastes that are treated, stored, or disposed of during cleanup actions.
 
11/01/1998Environmental Fact Sheet: No Hazardous Waste Listing Determined for 14 SolventsPublication
 Description: Announces EPA's determination not to amend the regulations for hazardous waste management under RCRA for wastes generated during the use of certain organic solvents: acetonitrile, benzyl chloride, cumene, cyclohexanol, 1,4-dichlorobenzene, epichlorohydrin, ethylene dibromide, 2-ethoxyethanol acetate, furfural, isophorone, 2-methoxyethanol, 2-methoxyethanol acetate, methyl chloride, and phenol.
 
10/09/1998REPORTING OF WASTEWATERS IN 1997 BRS CYCLEMemo
 Description: EPA decided not to include any wastewater data in 1997 Biennial Report National Report due to difficulties in separating exempt from non-exempt wastewaters.Historically only non-exempt wastewaters have been reported which gave incomplete picture of wastewater generation and management (NOTE: See 2001 Biennial Report Forms for current requirements).
 
09/15/1998Resources on Waste for Businesses and GovernmentsPublication
 Description: This catalog contains descriptions of a variety of EPA resources discussing solid and hazardous waste management. The publications clarify regulatory waste management requirements and present methods to reduce or prevent waste.
 
09/01/1998The RCRA Information Center - BrochurePublication
 Description: This brochure reviews the services provided by the RCRA Information Center (NOTE: The Information Center has been incorporated into the EPA Docket Center). Also includes a description of other sources where individuals may obtain hazardous and solid waste information produced by OSW.
 
08/18/1998ADDITION OF MERCURY-CONTAINING EQUIPMENT TO UNIVERSAL WASTE PROGRAMMemo
 Description: EPA has no plans to address petitions to add mercury-containing equipment to universal waste rule (SUPERCEDED: 70 FR 45508; 8/5/05). Universal waste rule explicitly provides flexibility for states to add other waste categories to their approved state program.
 
08/18/1998STEEL PLATING PROCESS AND F006 DEFINITIONMemo
 Description: Wastewater treatment sludges from electroplating operations are F006 regardless of actual composition and constituent concentrations (even if the process does not use any of the constituents for which F006 sludges were listed, such as chromium, cadmium, nickel and cyanide). F006 exemption for aluminum or zinc-aluminum plating on carbon steel does not extend to steel plating on aluminum. Facility may petition to have waste delisted.
 
07/01/1998NATIONAL POLICY FOR HAZARDOUS WASTE DELISTINGSMemo
 Description: The national policy for the hazardous waste delisting program contains a conditional delisting element. New delistings only apply to wastes managed in the type of unit modeled in the delisting risk assessment. Management of delisted waste in other units subjects the delisted waste to hazardous waste regulation. Waste remains delisted as long as the generator complies with conditions of delisting. In future delistings, Regions should include a provision (a delisting reopener) that establishes a mechanism to review the delisting if additional data become available indicating the initial delisting decision was inappropriate or wrong.
 
05/01/1998Environmental Fact Sheet: Final Standards for Hazardous Waste Combustors - Phase IPublication
 Description: Describes EPA's final standards for four items in the first phase of finalizing its proposal to revise the air emission standards for certain units that combust hazardous wastes (i.e., hazardous waste generators, hazardous waste burning incinerators, cement kilns, and lightweight aggregate kilns.
 
05/01/1998Environmental Fact Sheet: Two New Hazardous Waste Codes Added From Organobromide ProductionPublication
 Description: Announces promulgation of the final rule to add two new waste codes to the current lists of RCRA hazardous waste. Amends lands disposal restrictions treatment standards by adding wastes from the production of organobromines.
 
02/26/1998RULEMAKING PETITION FOR TRIVALENT CHROMIUM EXCLUSIONMemo
 Description: Discusses the three part criteria for excluding a chromium waste. Rulemaking petition to take advantage of trivalent chromium exclusion must be submitted to implementing agency (EPA or state) for review and approval. Filter cake from treatment of chrome-bearing wastewater is newly generated waste.
 
02/02/1998REGULATORY STATUS OF GASOLINE SPILLSMemo
 Description: A gasoline spill on the ground at a product storage facility could be a solid waste because the product has been discarded by being abandoned. Disposal of a hazardous waste has occurred if the spilled and abandoned material exhibits a characteristic. Spilled gasoline becomes a waste when it exits the unit, enters the environment, and is not promptly recovered or cleaned up. An implementing agency can require cleanup of a spill to site-specific levels. In rare cases, the spill area may be considered a land disposal unit (SEE ALSO: RPC# 9/29/1986-02). The recovered free product is potentially not a solid waste if it is reused for its original purpose or reclaimed.
 
01/01/1998SHIPMENTS OF HAZARDOUS WASTE FROM THE ISLAND OF MIDWAYQuestion & Answer
 Description: Shipments of hazardous waste from the the island of Midway to the contiguous United States are not subject to the import regulations. The island of Midway is a territory of the United States and is not a foreign country.
 
11/01/1997Environmental Fact Sheet: Electronic Access to OSWPublication
 Description: Describes information about hazardous and nonhazardous solid waste available electronically. Details how to access OSW Bulletin Board Systems, EPA Public Access Servers available via both the Internet and modem, and electronic mailing lists (listservers).
 
09/26/1997MANAGEMENT STANDARDS FOR USED OIL CONTAMINATED WITH POLYCHLORINATED BIPHENYLSMemo
 Description: The presence of PCBs in used oil is not one of the criteria for used oil fuel specifications. TSCA requirements for marketing and burning used oil with more than 50 ppm PCBs incorporate certain off-specification used oil requirements by reference. TSCA’s incorporation of these requirements does not mean that PCB-containing used oil is regulated under RCRA or is considered off-specification (SEE ALSO: 63 FR 24963; 5/6/98).
 
09/01/1997CONTAINMENT BUILDINGS AS SECONDARY CONTAINMENTQuestion & Answer
 Description: Containment buildings may serve as secondary containment for LQG accumulation tanks if the building itself acts as a liner and meets the secondary containment provisions of Sections 264/265.193. Containment buildings need not meet the provisions of Parts 264/265, Subpart DD to be used as secondary containment for tanks.
 
09/01/1997GENERATOR STORAGE OF USED OILQuestion & Answer
 Description: Containers and tanks storing used oil do not need to comply with Parts 264/265, Subparts I or J, provided the used oil has not been mixed with a hazardous waste. Units other than tanks or containers (e.g., surface impoundments) storing used oil must be permitted or operating under interim status.
 
09/01/1997RCRA: Reducing Risk From WastePublication
 Description: This document provides an overview of the Resource Conservation and Recovery Act (RCRA) solid and hazardous waste regulations. It describes the history of RCRA, the role of the U.S. Environmental Protection Agency and the states, and hazardous waste definitions and management requirements, including the roles of generators, transporters, and treatment, storage, and disposal facilities. In addition, it presents information on hazardous waste minimization. It covers municipal and industrial solid waste as well, providing information on reducing, reusing, and recycling, and household hazardous waste.
 
09/01/1997RCRA: Reduciendo el Riesgo de Residuo (Spanish - Reducing Risk from Waste)Publication
 Description: Spanish version of RCRA: Reducing Risk From Waste. Provides a broad summary of RCRA program areas and regulations.
 
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.
 
08/12/1997SOLIDIFICATION OF K044 WITH POZZOLANIC MATERIALMemo
 Description: Solidification of K044 with pozzolanic material satisfies the land disposal restrictions (LDR) treatment standard. Solidified material can no longer exhibit the potential to form reactive residues and must not exhibit any hazardous waste characteristic.
 
08/01/1997EMPTY CONTAINERS DEVELOPING PRESSUREQuestion & Answer
 Description: Containers of pressurized gas are considered empty when they reach atmospheric pressure. EPA does not intend to regulate containers that experience an incidental rise in internal pressure due to ambient environmental conditions (i.e., a temperature increase caused by the sun).
 
08/01/1997PRETREATMENT STANDARDS FOR WASTEWATER TREATMENT UNITSQuestion & Answer
 Description: Facilities that discharge a pollutant covered under CWA Section 307(b) to a publicly owned treatment works (POTW) are considered to be subject to the CWA. Tanks or tank systems that treat hazardous wastewaters before discharging them to a POTW can qualify as exempt wastewater treatment units (WWTUs) because they are subject to the CWA.
 
08/01/1997The National Biennial RCRA Hazardous Waste Report (Based on 1995 Data): Executive SummaryPublication
 Description: This document presents information from EPA's 1995 Biennial Report,which collects and maintains information about generation, management, and final disposition of hazardous waste regulated by RCRA.
 
08/01/1997The National Biennial RCRA Hazardous Waste Report (Based on 1995 Data): List of Large Quantity Generators in the United StatesPublication
 Description: This document presents information from EPA's 1995 Biennial Report, specifically providing a list of large quantity generators, including information on the nature, quantities and disposition of generated hazardous waste.
 
08/01/1997The National Biennial RCRA Hazardous Waste Report (Based on 1995 Data): List of Treatment, Storage, and Disposal Facilities in the United StatesPublication
 Description: This document presents information from EPA's 1995 Biennial Report, specifically providing a list of treatment, storage, and disposal facilities (TSDFs), including information on the nature, quantities and disposition of generated hazardous waste.
 
08/01/1997The National Biennial RCRA Hazardous Waste Report (Based on 1995 Data): National AnalysisPublication
 Description: This document presents information from EPA's 1995 Biennial Report, providing national data on the nature, quantities and disposition of generated hazardous waste.
 
08/01/1997The National Biennial RCRA Hazardous Waste Report (Based on 1995 Data): State Detail AnalysisPublication
 Description: This document presents information from EPA's 1995 Biennial Report, specifically providing state data on the nature, quantities and disposition of generated hazardous waste.
 
08/01/1997The National Biennial RCRA Hazardous Waste Report (Based on 1995 Data): State Summary AnalysisPublication
 Description: This document presents information from EPA's 1995 Biennial Report, providing state data on the nature, quantities and disposition of generated hazardous waste.
 
08/01/1997WASTE ANALYSIS INFORMATION FOR PURPOSES OF SUBPART CC COMPLIANCEQuestion & Answer
 Description: Subpart CC does not require that waste analysis information accompany every shipment of hazardous waste. If waste analysis information received from the generator is representative of subsequent shipments, the TSDF can rely on the original analysis, but must update the analysis at least once every twelve months. It is the responsibility of the person with custody of the waste to obtain valid analysis information to make compliance determinations.
 
07/24/1997REGULATORY DETERMINATION ON THE STATUS OF CERTAIN MANUFACTURING WASTESMemo
 Description: Warfarin tablets meeting a commercial chemical product (CCP) listing are still considered listed CCPs when tested by crushing or dissolving. The de minimis mixture rule exclusion in Section 261.3(a)(2)(iv)(D) applies to discharges of CCPs from rinsing and cleaning personal protective equipment (PPE). Discarded equipment meeting the definition of debris which is contaminated with a listed waste must be managed as a hazardous waste (HW) until it no longer contains the HW. Contaminated equipment can be washed using the alternative debris treatment standards to the point where it is no longer considered to contain a HW. Whether air filters from a manufacturing process meet a listing depends on site-specific factors. Air filters used in the production of a P or U listed commercial chemical product (CCP) do not fall within the scope of the Section 261.33 listings prior to the material (warfarin) becoming a CCP. Once the material meets the listing description (becomes a CCP), particles captured in the filters are a listed CCP when disposed (USE WITH CAUTION: see 56 FR 7200; 2/21/91). Air filters are regulated as a solid waste mixed with a listed hazardous waste. Air filters may qualify as hazardous debris and may be washed so as to no longer contain a listed hazardous waste.
 
07/01/1997SELF-TRANSPORTATION OF USED OIL BY SERVICE CONTRACTORS Question & Answer
 Description: Contractors who produce used oil by servicing equipment are considered cogenerators of the used oil. Cogenerators can transport up to 55 gallons of used oil in their own vehicles to a collection center or an aggregation point without obtaining an EPA ID number (self-transport).
 
06/01/1997AIR EMISSIONS FROM ELECTROPLATING OPERATIONSQuestion & Answer
 Description: A filter used to concentrate air emissions from electroplating line would not carry the F006 listing. The filter meets the definition of sludge, but does not result from the treatment of an electroplating wastewater. Air emissions are not wastewater.
 
06/01/1997USE AS INGREDIENT NOT WITHIN SOLVENT LISTINGQuestion & Answer
 Description: The use of solvent as an ingredient is not covered by the spent solvent listings. Unused product being disposed would not carry an F listing if the unused solvent had been added as an ingredient. Unused product may be P or U listed when disposed if the solvent served as the sole active ingredient in the product.
 
05/29/1997PETITION TO ADD WASTES TO THE UNIVERSAL WASTE PROGRAMMemo
 Description: EPA has no plans to address Utility Solid Waste Activities Group’s (USWAG) petitions to add mercury-containing equipment, paint, and paint-related wastes to the universal waste (UW) rule in 1997. The universal waste rule explicitly provides flexibility for states to add other waste categories to their approved state program. EPA established the workgroup to reduce the burden of the current manifest system. The workgroup’s proposal to allow generators to consolidate waste at central locations would cover utility access residuals.
 
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.
 
05/21/1997SUSPENSION OF RCRA PERMITTING AT COMMERCIAL MIXED WASTE FACILITIESMemo
 Description: EPA agrees to make a final decision on relief for mixed wastes from nuclear power plants by April 30, 2001. EPA recommends a temporary suspension of requests for and processing of Part B applications and the issuance of RCRA permits at interim status mixed waste storage facilities. The suspension only applies if a facility not otherwise subject to permitting. The suspension does not affect the storage prohibition enforcement policy (SEE ALSO: 64 FR 63464; 11/19/99).
 
05/09/1997EDF/ETC REDEFINITION OF SOLID WASTE PROPOSALMemo
 Description: EPA has reviewed the Environmental Technology Council’s (ETC) and Environmental Defense Fund’s (EDF) joint proposal for the redefinition of solid waste. EPA seeks answers from ETC/EDF to numerous questions concerning the proposal in order to determine the impact of ETC/EDF option on RCRA recycling universe.
 
05/01/1997APPLICABILITY OF K052 WASTE CODE TO PIPELINE TERMINALSQuestion & Answer
 Description: The K052 listing is limited to leaded tank bottoms generated at petroleum refineries. Leaded tank bottoms generated at pipeline terminals that are not directly part of a refinery do not meet the K052 listing, and are only hazardous wastes if characteristic.
 
05/01/1997Best Management Practices (BMPs) for Soil Treatment Technologies: Suggested Operational Guidelines to Prevent Cross-Media Transfer of Contaminants during Cleanup ActivitiesPublication
 Description: Provides guidance on how to design and conduct soil remediation activities at RCRA and other hazardous waste sites so that transfers of contaminants from contaminated soil to other media (i.e., clean soil, air, and surface or groundwater) are minimized. Outlines the specific potential cross-media concerns for specific activities and recommends approaches for preventing cross-media transfer of contaminants. Addresses BMPs applicable across a broad range of remedial activities and most remediation technologies. Offers information on control technologies that can be used in conjunction with BMPs. Presents technology-specific BMPs for seven technology categories: containment technologies, soil washing, thermal treatment, vapor extraction, bioremediation, incineration treatment, and other physical/chemical treatments. Includes case studies and list of acronyms.
 
05/01/1997Medio Ambientes Delicados y la Ubicación de Instalaciones Para Manejo de Residuos Peligrosos (Spanish - Sensitive Environments and the Siting of Hazardous Waste Management Facilities)Publication
 Description: Spanish version of the document Sensitive Environments and the Siting of Hazardous Waste Management Facilities. This publication discusses Sensitive types of environments that pose special challenges to the siting, expansion, and operation of RCRA hazardous waste management facilities.
 
05/01/1997Sensitive Environments and the Siting of Hazardous Waste Management FacilitiesPublication
 Description: This publication discusses sensitive types of environments that pose special challenges to the siting, expansion, and operation of RCRA hazardous waste management facilities.
 
05/01/1997UNIVERSAL WASTE HANDLER STATUSQuestion & Answer
 Description: A small quantity handler of universal waste (SQHUW) who accumulates 5000 kg or more of universal waste at their location at any one time becomes a large quantity handler of universal waste (LQHUW) for the rest of the calendar year. The handler can reevaluate LQHUW status in the following calendar year. LQHUWs are subject to additional regulation, including obtaining an EPA ID number, ensuring that personnel are familiar with proper waste handling and emergency procedures, and recordkeeping.
 
04/25/1997Environmental Fact Sheet: Treatment Standards Proposed For Toxicity Characteristic (TC) Metal and Mineral Processing WastesPublication
 Description: Discusses EPA's proposal of treatment standards for metal-bearing wastes, including TC waste with high levels of metal constituents, and waste generated in mineral processing operations.
 
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.
 
04/07/1997ISSUANCE OF FINAL HWIR-MEDIA RULEMemo
 Description: EPA has reached agreement with Edison Electric Institute to amend their consent decree regarding Hazardous Waste Identification Rules (HWIR). The deadline for promulgation of HWIR-waste is now April 30, 2001 (SEE ALSO: 64 FR 63382; 11/19/99). The agreement also commits EPA to issue a final rule for HWIR-Media by June 30, 1998 (HWIR-Media finalized 63 FR 65873; 11/30/98). EPA’s policy of treating violations of land disposal storage restrictions (Section 3004(j)) with reduced, federal, enforcement priority for small volumes of mixed waste, is effective through April 1998. Prior to expiration of this policy EPA will determine whether an extension is warranted. The policy does not apply to any mixed waste for which treatment is currently available, or becomes available during the term of the policy (SEE ALSO: 64 FR 63464; 11/19/99).
 
04/07/1997REPROPOSAL OF HWIR WASTE RULE AND COMMERCIAL MIXED WASTESMemo
 Description: EPA will sign notice of proposed rulemaking by October 31, 1999, for the Hazardous Waste Identification Rule for Waste (HWIR-waste) (SEE ALSO: 64 FR 63382; 11/19/99). HWIR-waste will seek comment on, among other things, an exemption from hazardous waste disposal regulation, and other regulatory relief as appropriate, for commercial mixed waste (SEE ALSO: 64 FR 63464; 11/19/99). EPA plans to finalize a decision by April 30, 2001. EPA will recommend suspension of Part B permit collection for plants subject to the Atomic Energy Act (AEA) which need the permit solely for on-site storage of mixed waste. Such plants will remain subject to interim status standards. EPA may need to extend the storage prohibition enforcement policy for mixed waste.
 
04/07/1997VACATED DITHIOCARBAMATE LISTING - CERCLA SECTION 103(A) STATUSMemo
 Description: Dithiocarbamate U-listings (carbamate listings) vacated by the D.C. Circuit Court are not RCRA hazardous wastes. In addition, they are not hazardous substances under CERCLA Section 101 and 102, nor are they subject to CERCLA Section 103(a) reporting. Provides a list of vacated carbamate U-listings with CAS numbers.
 
04/01/1997GENERATOR STORAGE REQUIREMENTS FOR PART 266, SUBPART F, PRECIOUS METALSQuestion & Answer
 Description: Generators accumulating recyclable materials for precious metal recovery are not required to store the materials in RCRA-regulated accumulation units (i.e., tanks, containers, and containment buildings). EPA assumes these materials will be managed carefully due to their economic value. Precious metals being reclaimed must be counted towards generator monthly determination.
 
04/01/1997THE DEFINITION OF USED OILQuestion & Answer
 Description: The definition of used oil is based on criteria of origin, use, and contamination. Used oil must be derived from crude or synthetic oil; be used as a lubricant, coolant, heat transfer or hydraulic fluid, or similar uses; and be contaminated through use. Petroleum-based solvents are not used oil because they do not meet the use-based criterion (they are used as solvents and not as lubricants or similar uses). Antifreeze is not regulated as used oil, even though antifreeze may meet all three criteria.
 
04/01/1997TREATMENT STANDARDS FOR D008 RADIOACTIVE LEAD TANKS AND CONTAINERSQuestion & Answer
 Description: D008 radioactive lead solids that are tanks or containers must be treated using macroencapsulation. The placement of waste in a container or tank is not considered macroencapsulation. The owner/operator may use an alternative treatment method if demonstrated to be an equivalent technology.
 
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.
 
03/21/1997REGULATORY STATUS OF RECLAMATION AND RECLAIMED MATERIALSMemo
 Description: The regulatory status of a material going for reclamation or a material that has undergone some reclamation depends on multiple factors. It is not possible to provide a generic determination of the status of a material without site-specific information. EPA headquarters defers to authorized States or Regional offices for site-specific determinations.
 
03/17/1997REGULATORY STATUS OF LEAD SHOTMemo
 Description: A mixture of spent lead shot and gunpowder may be ignitable. Discusses the regulatory status of lead shot. Discharge of ammunition or lead shot is in the normal and expected use pattern of the product and does not constitute hazardous waste disposal. Ammunition, rounds, expended cartridges, and unexploded bullets that fall to the ground are not discarded (SEE ALSO: 62 FR 6622; 2/12/97). Lead shot may be considered scrap metal, not spent material, and exempt from regulation when recycled. The exemption extends only to the lead shot portion of the waste.
 
03/12/1997RCRA APPLICABILITY TO PAINT REMOVAL WASTESMemo
 Description: The paint removal process is not subject to regulation in some circumstances. Waste determination under Section 262.11 is made once the combination of paint and surface preparation product is removed from the surface of the structure. Each product user is responsible for waste determination. Nonhazardous waste which subsequently becomes hazardous is subject to regulation. Generators are potentially liable under CERCLA for damage caused by a release. A lead-based paint abatement contractor and building owner are both generators (cogenerators).
 
03/05/1997APPROVALS FOR CONTINUATION OF RCRA HAZARDOUS WASTE REPORTING AND RECORDKEEPINGMemo
 Description: Discusses the list of information collection activities recently approved for continuation by the Office of Management and Budget (OMB) (e.g., 8700-22 manifest, 8700-12 notification form, 8700-13A and 8700-13B Biennial Report, 8700-23 Part A permit application). The manifest renewal expires September 30, 1999. The old manifest can be used if the old expiration date is crossed out and the form contains OMB control number 2050-0039. Changes to DOT materials shipping papers affect the manifest. Memo includes approval and expiration dates for each form as well as the extent of the revisions, and discussion of information collection activities which do not require form (e.g., Part B permit application, general hazardous waste facility standards, waste specific unit requirements and special waste processes and types).
 
02/27/1997OBSOLETE LANGUAGE IN THE FINANCIAL TEST FOR SUBTITLE C TREATMENT STORAGE AND DISPOSAL FACILITIESMemo
 Description: The use of financial test or corporate guarantee for financial assurance requires the owner or operator’s chief financial officer (CFO) to submit a copy of a special report from a certified public accountant (CPA). Section 264.143(f)(3)(iii)(B) requires CPA negative assurance, which is now inconsistent with current professional auditing standards. In addition to, or in lieu of negative assurance, EPA will accept American Institute of Certified Public Accountant’s agreed-upon procedures engagement. The CFO can adjust for post-retirement benefits other than pensions, and defer recognition of these benefits as liabilities (SEE ALSO: 59 FR 51527; 10/12/94).
 
02/24/1997SPENT ALUMINUM POTLINER (K088) RECYCLINGMemo
 Description: EPA expects to provide national guidance regarding legitimate recycling of spent aluminum potliners (K088) as soon as possible.
 
02/13/1997UNIVERSAL WASTE QUESTIONS AND ANSWERS DOCUMENTMemo
 Description: Presents a Universal Waste Questions and Answers Document. Addresses state authorization. Discusses the addition of wastes to the federal and state universal waste (UW) programs, fluorescent lamps (SEE ALSO: 64 FR 36466; 7/6/99), land disposal restrictions (LDR) recordkeeping requirements, the Mercury-Containing and Rechargeable Battery Management Act, batteries, pesticide collection programs, liability and enforcement, storage limits, mixtures of UW and hazardous waste, and manifesting.
 
02/07/1997APPLICABILITY OF USED OIL MANAGEMENT STANDARDS TO VEGETABLE OIL AND ANIMAL OILMemo
 Description: The definition of used oil does not include animal or vegetable oils because animal and vegetable oils are not synthetic or derived from crude oil.
 
02/07/1997MANAGEMENT OF SPENT FLUORESCENT LAMPSMemo
 Description: EPA is currently completing an analysis of estimated mercury emissions associated with managing spent fluorescent lamps. EPA will use the analysis in conjunction with comments on the proposed lamp rule (59 FR 38288; July 24, 1994) to determine how to proceed with a final regulatory decision on lamps (SEE ALSO: 64 FR 36466; 7/6/99).
 
02/01/1997DELAY OF CLOSUREQuestion & Answer
 Description: Owners and operators of hazardous waste surface impoundments, landfills, and land treatment units can delay the closure timetable beyond the 90-day period and allow the units to accept nonhazardous waste, if the units meet the conditions of Sections 264.113(d)/265.113(d). Owners or operators of tanks, containers, waste piles, and incinerators are not allowed to delay closure. These units must comply with all applicable closure standards before being able to accept nonhazardous waste.
 
02/01/1997FREQUENTLY ASKED QUESTIONS ON MIXED WASTEQuestion & Answer
 Description: Mixed waste (MW) is waste with a hazardous waste component and a radioactive component. MW is jointly regulated by both RCRA and the Atomic Energy Act (AEA).MW is regulated by EPA, DOE, and the Nuclear Regulatory Commission (NRC). MW is typically generated by nuclear power plants, industrial sites, research labs, and medical institutions. MW is subject to the land disposal restrictions (LDR). If no special MW treatment standard is listed, MW is subject to the normal treatment standard for the waste code. AEA regulations take precedence over RCRA regulations when they conflict.
 
02/01/1997K061, K062, AND F006 HTMR SLAG RESIDUES AND USE CONSTITUTING DISPOSALQuestion & Answer
 Description: EPA is reevaluating the proposal on standards for management and use of slag residues derived from high temperature metals recovery (HTMR) treatment of K061, K062, and F006 wastes (12/29/94; 59 FR 67256). EPA may withdraw, repropose, or request additional comment. Use of K061, K062, and F006 slag residue as anti-skid/deicing material is prohibited. Use constituting disposal of slag residue is subject to Section 266.20(b).
 
02/01/1997UNIVERSAL WASTE CONSOLIDATION POINT REGULATIONQuestion & Answer
 Description: A facility that consolidates or collects universal waste from generators or other handlers meets the definition of a universal waste handler, provided the waste is sent on to other handlers, recyclers, or treatment or disposal facilities. If a facility has several locations that serve as consolidation points, each location is regulated as a separate handler. Additional RCRA requirements may apply if the facility is also handling other types of hazardous waste (i.e., non-universal waste).
 
01/21/1997REGULATORY STATUS OF ION EXCHANGE RESIN WASTEMemo
 Description: Ion exchange filter waste used in the treatment of electroplating rinsewaters is F006, even though purified water is recycled to process. An ion exchange filter is classified as a sludge. The definition of sludge is tied to type of unit in which the waste is generated.
 
01/17/1997USE OF THE CORRECTIVE ACTION ADVANCE NOTICE OF PROPOSED RULEMAKING AS GUIDANCEMemo
 Description: Discusses the history of the RCRA corrective action program (Sections 3004(u)), 3004(v), 3008(h), and 3005(c)(3) omnibus permitting authority). Subpart S Advanced Notice of Proposed Rulemaking (ANPR), published May 1, 1996 (61 FR 19432), introduces a strategy for improving corrective action through the Subpart S initiative, identifies principles and goals of programs, requests information to assist program improvements, gives program status report, and highlights flexibility of the current program. Although the ANPR is not regulation, EPA expects that it will be used as guidance.
 
01/08/1997USE OF SITE-SPECIFIC LAND DISPOSAL RESTRICTION TREATABILITY VARIANCES UNDER 40 CFR 268.44(H) DURING CLEANUPSMemo
 Description: The land disposal restriction (LDR) program requires treatment or placement of waste in no migration unit before placement on land. Discusses treatability variance procedures and minimum requirements for alternative treatment standards (ATT). ATT should consider risk-based cleanup standards. Site-specific treatability variances (SSTV) may be appropriate when the (LDR) treatment standard is unachievable or inappropriate. SSTV may only address some constituents. SSTV is generally appropriate for contaminated soil during corrective action cleanup (SUPERSEDED: see 63 FR 28556; 5/26/98). SSTV approval for soils is delegated to Regions. Discusses SSTV and state authorization. Not all remediation waste is subject to LDR (e.g., LDR not applicable unless waste placed on land before effective date of prohibition). Placement does not occur when hazardous waste is consolidated within a land disposal unit, when waste is treated in-situ, or when the waste is left in place (capped).
 
01/01/1997LAND DISPOSAL RESTRICTION NOTIFICATION REQUIREMENTS FOR DECHARACTERIZED MIXED WASTE SENT TO AN ATOMIC ENERGY ACT LANDFILLQuestion & Answer
 Description: A generator treating prohibited characteristic mixed waste and rendering it nonhazardous must send a one-time notification and certification to EPA Region or authorized state if waste is sent to Atomic Energy Act (AEA) landfill; because §4004 prohibits open dumping of solid waste, the decharacterized waste can be sent to AEA landfill only if it meets Subtitle D criteria of Part 257 or 258
 
01/01/1997LAND DISPOSAL RESTRICTIONS STORAGE PROHIBITION AND DECHARACTERIZED WASTESQuestion & Answer
 Description: A decharacterized waste requiring further treatment to meet the universal treatment standards (UTS) remains subject to the LDR storage prohibition. The storage prohibition applies until the waste is treated to fully meet assigned treatment standard.
 
12/24/1996CLASSIFICATION OF SOLVENTS ADDEDMemo
 Description: Solvent used as reactants or ingredients in a product are not F-listed spent solvents. The policy also applies to discarded unused product containing solvent. The policy applies to solvents which are added by the end user to adjust viscosity. Statements to the contrary in the Solvent Study (EPA530-R-96-017) (August 1996) and Listing Determination Background Document for the 8/14/96 solvent listing proposal (61 FR 42318) are incorrect.
 
12/23/1996WHETHER SLUDGE FROM LIME TREATMENT OF A MIXTURE OF K062 AND CHARACTERISTIC HAZARDOUS WASTE QUALIFIES FOR THE LSWPLS EXCLUSIONMemo
 Description: The exclusion from the derived from rule for lime stabilized waste pickle liquor sludge (LSWPLS) at Section 261.3(c)(2)(ii)(A) does not apply to commercial hazardous waste treatment facilities (SEE ALSO: 51 FR 19320; 5/28/86). The exclusion is restricted to LSWPLS generated by the iron and steel industry. Spent pickle liquors can be commingled with other iron and steel industry wastes prior to lime treatment and still qualify for exclusion. Spent pickle liquors mixed with wastes from other sources are not eligible for the exclusion. LSWPLS which continues to exhibit a characteristic must be handled as K062.
 
12/10/1996Final Hazardous Waste Characteristics Scoping Study (Study, Executive Summary and Appendix)Publication
 Description: The Hazardous Waste Characteristics Scoping Study was conducted under a May 17, 1996 consent agreement with the Environmental Defense Fund to investigate if there are gaps in coverage in the existing hazardous waste characteristics under the Resource Conservation and Recovery Act (RCRA), as well as the nature and extent of such gaps. The study presents EPA's methodology for identifying potential gaps, as well as, the results of the analyses conducted.
 
12/10/1996Final Hazardous Waste Characteristics Scoping Study; AppendicesPublication
 Description: Provides supplemental information for the Hazardous Waste Characteristics Scoping Study. Appendix A contains 112 release descriptions from 12 states covering groundwater, surface water, and soil contamination from a variety of industries, waste management practices, and constituents. Appendix B presents methodology, results, limitations of the Agency's efforts to identify contamination resulting from management of nonhazardous industrial wastes fro the four data sources not discussed in Chapter 2 of the Scoping Study. Appendix C is a comparison of ICR characteristics definitions to related definitions.
 
12/05/1996IMPLEMENTATION OF RCRA SUBPART CC STANDARDSMemo
 Description: The Subpart CC implementation schedule applies to facilities needing extra time to modify their processes to meet exemptions. All CC final rule provisions become effective no earlier than December 6, 1996. No waste determination is required for waste placed in units meeting Subpart CC standards. Surface impoundments used for biological treatment are exempt from Subpart CC.
 
12/01/1996ANNUAL PAYMENTS INTO A STANDBY TRUST FUND WHEN USING A LETTER OF CREDITQuestion & Answer
 Description: The owner or operator is not required to make annual payments to a standby trust fund when using a letter of credit for financial assurance. A standby trust fund facilitates drawing on the letter of credit and may not be used as a stand alone financial assurance mechanism.
 
12/01/1996REBUTTABLE PRESUMPTION FOR CFC CONTAMINATED USED OILQuestion & Answer
 Description: Chlorofluorocarbon (CFC) contaminated used oil is exempt from the rebuttable presumption at the point of draining as long as the CFCs are eventually reclaimed from the used oil to the fullest extent possible. Generally, when the rebuttable presumption applies, it applies at the point of draining. Discusses the definition of processing. CFC reclamation from used oil is not necessarily processing.
 
12/01/1996TANGIBLE NET WORTH REQUIREMENTS FOR RCRA SUBTITLE C FINANCIAL ASSURANCEQuestion & Answer
 Description: Owners or operators using the financial test must possess a minimum tangible net worth of $10 million. When six times the amount of liability coverage, as required by the financial test, is more than $10 million, six times multiple is the minimum tangible net worth for the financial test.
 
11/27/1996APPLICABILITY OF 40 CFR PART 279 TO ON-SPECIFICATION USED OILMemo
 Description: On-specification used oil that will be burned for energy recovery is no longer subject to the used oil requirements once the person making the on-specification claim complies with the applicable marketer provisions. Used oil meeting specification that is refined or disposed is subject to the used oil requirements. The regulatory status of the on-specification oil must be reevaluated if some action is taken that may affect the properties of the oil. Blending used oil to meet specification is processing. Used oil storage may be covered under the Spill Prevention Control and Countermeasures (SPCC) regulations and the underground storage tank (UST) requirements.
 
11/27/1996PERMITTING AND LAND DISPOSAL REQUIREMENTS FOR MANAGEMENT OF CONTAMINATED SOIL WHICH IS HAZARDOUS OR CONTAINS HAZARDOUS WASTEMemo
 Description: Non-exempt remediation activities involving treatment of hazardous waste or media are subject to RCRA permitting even if the cleanup is under state requirements other than RCRA or CERCLA. States with permit waiver authority may waive the permit requirements for cleanups if the waiver is not used in a manner less stringent than that allowed under federal authority. If the state remediation standards are less stringent, waste must meet the LDR treatment standards before placement. The use of a corrective action management unit (CAMU) or area of contamination (AOC) concept will not trigger LDR requirements.
 
11/26/1996USE OF ALUMINUM CAP LINERS INSTEAD OF TEFLON FOR SOIL SAMPLE CONTAINERSMemo
 Description: Aluminum cap liners may be used instead of teflon for soil sample containers. One must demonstrate that the samples do not contain constituents that corrode the aluminum cap liners.
 
11/25/1996MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT ACTMemo
 Description: The Mercury-Containing and Rechargeable Battery Management Act is effective nationwide on May 13, 1996. Two goals are to limit mercury (Hg) content in consumer batteries, and to promote recycling and proper disposal of used rechargeable nickel cadmium (NiCad) batteries, sealed small lead-acid batteries, and other widely used rechargeable batteries. Law limits Hg content of batteries and prohibits the sale of some Hg-containing batteries. Law requires uniform labeling and requires that collection, storage, and transportation be in accordance with the Universal Waste (UW) standards of Part 273. Law prohibits states from imposing standards not identical to UW standards. Law is not an amendment to RCRA. EPA is investigating implications on RCRA state authorization and is developing a codification rule.
 
11/13/1996DEFINITION OF SOLID WASTE ISSUES RELATED TO CLEANUP OF CULPEPER WOOD PROCESSING FACILITYMemo
 Description: OSW defers to authorized states and regional offices regarding site specific issues. Wastes which undergo some reclamation, including filtration, are not eligible for the use/reuse exclusion. The use/reuse exemption can apply where material is managed in a land based unit, provided waste is not reclaimed, used in a manner constituting disposal, or used to make a product placed on the land.
 
11/12/1996USE OF AUTOMATED INFORMATION TECHNOLOGIES IN THE HAZARDOUS WASTE MANIFEST SYSTEMMemo
 Description: An electronic record system may comply with current requirements for the use and retention of the manifest. The system should include manifest image files with original handwritten signatures, controls to ensure record accuracy, integrity and security, and retrieval features that allow for reasonable access during inspections. The company must verify that their automated system complies with applicable state manifest retention regulations.
 
11/07/1996REGULATORY STATUS OF CHOPLINE RESIDUEMemo
 Description: Chopline residues are spent materials and therefore solid wastes when reclaimed or recycled. It is considered spent because it can no longer be used for the original purpose without reprocessing or reclamation. Hazardous waste management requirements apply up to the point of resale as product. Residue generated from the recycling process may be hazardous if characteristic.
 
11/01/1996COOLANT RECYCLING AND USED OIL PROCESSINGQuestion & Answer
 Description: On-site coolant recycling is not used oil processing when intended to extend the life of the oil and when recycling is incidental to the production process. Coolant must be generated on-site and not sent directly off-site to a burner.
 
11/01/1996DETERMINATION OF EQUIVALENT TREATMENT UNDER §268.42(B)Memo
 Description: EPA is approving the determination of equivalent treatment (DET) per 268.42(b) for wastewater sludges from bulk liquid storage tank washings, line cleanings, and shipboard ballast water and other wastes because combustion is not appropriate.
 
11/01/1996FINANCIAL STATEMENT REQUIREMENT FOR THE RCRA SUBTITLE C FINANCIAL TESTQuestion & Answer
 Description: Financial statements from the latest completed fiscal year must be used to satisfy the financial test mechanism. Estimates of financial statements may not substitute for full statements.
 
11/01/1996National Capacity Assessment Report: Capacity Planning Pursuant to CERCLA Section 104(c)(9)Publication
 Description: Discusses CERCLA Section 104(c)(9), which requires states to assure that adequate capacity exists to treat and dispose of hazardous wastes. Describes EPA's requirement that adequate national capacity exists and the methodology and data used to conduct the assessment used to make this . Appendices include demand data submitted by the states, commercial capacity data submitted by the states, adjustments to commercial capacity data, list of facilities, and Capacity Assurance Plan management categories. 530-R-94-040 is draft version.
 
11/01/1996RECYCLING PRESUMPTION UNDER PART 279Question & Answer
 Description: A generator is not required to conduct a hazardous waste determination for used oil sent to a processor for recycling, even if the processor eventually disposes of the used oil. The used oil handler must conduct a hazardous waste determination when the handler decides that the used oil will be disposed.
 
11/01/1996STATE AUTHORIZATION AND USED OIL RECYCLED THROUGH SOME OTHER MEANS THAN BURNING FOR ENERGY RECOVERYQuestion & Answer
 Description: EPA does not regulate used oil recycled in some manner other than burning for energy recovery, such as re-refining, in states where Part 279 is not in effect.
 
10/24/1996REGULATORY STATUS UNDER RCRA OF COPPER ETCHANTSMemo
 Description: Spent copper etchants used as ingredients in the production of tri-basic copper chloride (TBCC) are not solid wastes under the use/reuse exemption unless the etchants are being reclaimed. Mixing residue from TBCC manufacturing with additional chemicals to produce fresh etchant is not exempt use/reuse if the activity involves reclamation. If both activities are steps in one industrial process, reclamation in the second step (fresh etchant production) would disqualify the whole process from the use/reuse exemption. A determination on whether these operations are one industrial process or two sequential processes is site-specific.
 
10/02/1996JOHNSTON ATOLL CHEMICAL AGENT DISPOSAL SYSTEM (JACADS) RISK RELATED ISSUESMemo
 Description: Discusses the draft site-specific combustion risk assessment, current method for assessing the non-carcinogenic risks associated with dioxin exposure, most appropriate data subsets for determining carcinogenic potency factors, methods for assessing the risks associated with exposure to either the sulfur or brominated analogs of dioxin, EPA’s treatment of putative compound synergistic interactions when applied to the facility assessment. EPA has not yet developed a methodology for quantitative assessment of risks due to exposures to potential endocrine disruptors.
 
10/01/1996EXEMPTION FOR LIME STABILIZED PICKLE LIQUOR SLUDGE GENERATED BY THE IRON & STEEL INDUSTRYMemo
 Description: Lime stabilization of pickle liquor can be part of a wastewater treatment system that treats other nonhazardous, or characteristic wastes. Sludge will be exempt from derived-from rule if not characteristic. The derived-from rule exemption at Section 261.3(c)(2)(ii)(A) will not apply if the pickle liquor is treated with other listed waste. A sludge which exhibits a characteristic is listed K062 waste.
 
10/01/1996RESAMPLING AND GROUNDWATER MONITORING NOTIFICATION REQUIREMENTSQuestion & Answer
 Description: An owner or operator resampling groundwater after finding a statistically significant increase must submit any required permit modification within 90 days of resampling. No permit modification is required if resampling shows no release. Permit groundwater monitoring requirements in permits often require resampling and retesting procedures, results of statistical test are not interpreted until resampling or retesting is completed.
 
09/24/1996COORDINATION BETWEEN RCRA CORRECTIVE ACTION AND CLOSURE AND CERCLA SITE ACTIVITIESMemo
 Description: Addresses coordination among RCRA corrective action, closure, and CERCLA cleanups, including deferral between the programs and state/tribal CERCLA-like activities with RCRA. Coordination is required when full deferral is not possible. Cleanups under RCRA or CERCLA will generally satisfy both programs. To avoid inconsistency between cleanup levels and clean closure levels, EPA encourages the use of risk-based levels for clean closure. It is possible that a unit cleaned up under CERCLA could meet the RCRA clean closure standard (RCRA/CERCLA Parity Policy) (SEE ALSO: 61 FR 18779; 4/29/96).
 
09/23/1996APPLICABILITY OF RCRA REGULATIONS TO CHEMICAL FLOCCULATION UNITS WHEN USED TO TREAT WASH WATER FROM AIRCRAFT ENGINESMemo
 Description: A chemical flocculation unit treating cadmium contaminated wash water requires a hazardous waste treatment permit, unless the unit meets an exemption. If the unit is a tank meeting the definition of a wastewater treatment unit (WWTU), or a tank or container regulated as a generator accumulation unit, the unit is exempt from permitting. Treatment sludge generated in the unit must be managed as a hazardous waste if it exhibits a characteristic. Land disposal restrictions (LDR) apply to the treatment sludge and the original wash water.
 
09/17/1996MAINTAINING CONSISTENCY REGARDING THE REGULATORY STATUS OF DISPOSABLE AND REUSABLE RAGS AND WIPERSMemo
 Description: EPA recognizes the issues involved with maintaining consistency among the Regions on the regulatory status of disposable and reusable wipers (rags) contaminated with de minimis amounts of solvent. EPA is developing a data collection strategy to draw conclusions on the potential environmental concerns posed by these wipers.
 
09/01/1996PCB WASTES AS HAZARDOUS WASTESQuestion & Answer
 Description: PCBs are not listed RCRA hazardous wastes. It is possible that PCBs will be present as incidental contaminants in a listed hazardous waste (e.g., solvent used to remove PCBs from transformers). Typically PCBs do not exhibit a characteristic. Wastes that are hazardous for TC waste codes D018-43 and contain PCBs are exempt under RCRA if regulated under TSCA. Waste containing PCBs and not qualifying for the Section 261.8 exemption is fully subject to RCRA. Land disposal restrictions has special standards for PCB wastes (California List) per Section 3004(d)(2)(D) and 3004(d)(2)(E) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
09/01/1996TOLLING AGREEMENTS AND EXPORTSQuestion & Answer
 Description: Export standards apply only to primary exporters of waste. The primary exporter is an exporter that requires a manifest. Small quantity generators (SQGs) with contractual reclamation agreements do not require a manifest. SQGs shipping waste under a reclamation agreement are not subject to export requirements because they are not a primary exporter.
 
08/30/1996CHEMICAL CONVERSION OF ALUMINUM AND WHETHER WASTEWATER TREATMENT SLUDGE GENERATED IS CONSIDERED AN F019 HAZARDOUS WASTEMemo
 Description: Sludge from an aluminum powder preparation process involving phosphating (but not zirconium phosphating) meets the F019 listing. Phosphating includes producing a mildly protective layer of insoluble crystalline phosphate on the surface of a metal. All wastewater treatment sludges from the chemical conversion coating of aluminum, except zirconium phosphating, are covered by the F019 listing, regardless of their composition and constituent concentration. (SUPERCEDES Brandes to Wozniak; 2/27/95 (RO 11940))
 
08/14/1996USED OIL MANAGEMENT STANDARDS TO MATERIALS CONTAMINATED WITH USED OIL AND PROVIDE LITTLE OR NO ENERGY WHEN BURNEDMemo
 Description: Materials contaminated with used oil from which the free flowing oil has been drained are regulated as used oil if the material is burned for energy recovery. Burning for energy recovery for the purposes of used oil is limited to materials that have heating values of at least 5,000 BTUs per pound. A state may have a more stringent definition of burning for energy recovery.
 
08/01/1996DEFINITION OF COMMERCIAL CHEMICAL PRODUCT FOR SOLID WASTE DETERMINATION VS. HAZARDOUS WASTE IDENTIFICATIONQuestion & Answer
 Description: Discusses the definition of commercial chemical product (CCP) for purposes of definition of solid waste v. for purposes of definition of P-listed or U-listed hazardous waste. For purposes of the P- and U-lists, EPA intended to include only those CCPs and manufacturing chemical intermediates known by generic name listed in Section 261.33. P- and U- listed wastes exclude manufactured articles such as thermometers and fluorescent lamps. For purposes of Section 261.2, CCP means all types of unused commercial products, whether chemicals or not. Off-specification thermometers going for reclamation are CCPs going for reclamation and are not solid wastes. Thermometers going for disposal are not U151 and are only regulated if characteristic.
 
08/01/1996Environmental Fact Sheet: No Hazardous Waste Listing Proposed For 14 SolventsPublication
 Description: Summarizes EPA's proposal not to amend the regulations for hazardous waste management under the Resource Conservation and Recovery Act (RCRA) for wastes generated during the use of Certain organic solvents. The Agency proposes not to list as hazardous wastes that are generated from the solvent use of any of the following 14 chemicals: acetonitrile, benzyl chloride, cumene, cyclohexanol, 1,4-dichlorobenzene, epichlorohydrin, ethylene dibromide, 2-ethoxyethanol acetate, furfural, isophorone, 2-methoxyethanol, 2-methoxyethanol acetate and phenol.
 
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.
 
07/05/1996CLARIFICATION OF THE DEFINITION OF COMMERCIALLY AVAILABLE TREATMENT TECHNOLOGY & DISPOSAL CAPACITY VIS-A-VIS RCRA SECTION 3004(J)Memo
 Description: EPA’s policy on enforcement of the Section 3004(j) storage prohibition for facilities generating radioactive mixed waste does not exclude legitimate recycling facilities from the definition of commercially available treatment technology and disposal capacity. EPA does not extend the enforcement policy to generators that do not take advantage of legitimate recycling opportunities (SEE ALSO: 64 FR 63464; 11/19/99).
 
07/01/1996REGULATION OF LEACHATE COLLECTION SUMPSQuestion & Answer
 Description: Although a sump meets the definition of a tank, a leachate collection sump at a landfill is not subject to Subpart J tank standards because it is an integral part of the landfill liner system.
 
06/19/1996CLARIFICATION OF TWO SECTIONS OF THE HAZARDOUS WASTE REGULATIONS: WASTE CHARACTERIZATION IN 40 CFR 262.11 AND LDR NOTIFICATIONMemo
 Description: EPA does not require waste codes on the manifest, but states may require one or more waste codes to be identified. RCRA waste codes may be part of the proper DOT shipping description. When a waste meets a specific listing and exhibits a characteristic for one of the constituents that make up the listed waste code, the generator may decide which waste code to include on the manifest based on which waste code most accurately identifies the waste for emergency response purposes.
 
06/19/1996JURISDICTIONAL STATUS UNDER THE RCRA OF CERTAIN METAL-RICH SLUDGESMemo
 Description: Wastewater treatment sludge (F006) sent to primary smelters for copper extraction is not eligible for the Section 261.2(e) use/reuse exemption because the sludge is being reclaimed. Sludge may be eligible for a variance from the definition of solid waste under Section 260.30(c) as a partially reclaimed material needing further reclamation.
 
06/19/1996REGULATORY STATUS OF SPENT LEAD-ACID BATTERIES SHIPPED TO A SECONDARY LEAD SMELTER FOR RECLAMATIONMemo
 Description: Lead-acid batteries (battery) that are held at a smelter in a transport truck for less than 24 hours, transported off-site for storage, and then shipped back to the smelter for reclamation remain exempt.
 
06/17/1996RCRA HAZARDOUS WASTE IMPORT REQUIREMENTSMemo
 Description: Parties to the Basel convention cannot trade in hazardous wastes with non-parties in the absence of a bilateral agreement. Singapore is a Basel party while the U.S. is not, nor do these countries have an import/export agreement. EPA regulations do not prohibit imports of hazardous waste. Imported waste is regulated in the same manner as hazardous waste generated in the U.S.. Facilities receiving waste from a foreign source must notify EPA in writing at least four weeks prior to receiving the first shipment of waste.
 
06/11/1996USE OF WASTE LEATHER TRIMMINGS IN THE MANUFACTURE OF ABSORBED MATERIALSMemo
 Description: Waste leather trimmings used to manufacture adsorbent product are not eligible for the Section 261.2(e) use/reuse exemption if they are used in a manner constituting disposal. Leather trimmings (and products containing these trimmings) that only exhibit a characteristic for chromium are exempt from hazardous waste regulation under the trivalent chromium exclusion, even when placed on the land. The section 261.4(b)(6) exclusion does not extend to a mixture of sorbent with spilled material (i.e., adsorbent-waste mixture must be evaluated as a newly-generated waste). Shredding and grinding leather trimmings in order to attain a required particle size is not reclamation.
 
06/10/1996HOW TREATING FILTRATION MEDIA COMPARABLE TO ACTIVATED CARBON WOULD BE PERMITTED UNDER RCRAMemo
 Description: A unit regenerating hazardous waste (HW) other than spent activated carbon (e.g., activated alumina) can be a carbon regeneration unit (CRU) if it is used primarily to regenerate spent carbon, and other regeneration activities are similar. Regeneration means restoring HW material to its original use. A CRU regulated as a thermal treatment unit is subject to Part 264, Subpart X, and Part 265, Subpart P, not incinerator standards.
 
06/04/1996CLARIFICATION OF REQUIREMENTS INVOLVING THE COUNTING OF WOOD PRESERVING WATERS FOR BIENNIAL REPORTINGMemo
 Description: Hazardous wastewater from wood preserving plants (F032, F034, and F035) is not subject to quantity determination for the Biennial Report or for determining generator status when recycled in an on-site process without prior storage or accumulation (SEE ALSO: Section 261.4(a)(9)). If the waste is stored or accumulated prior to reuse, the generator must count the waste unless it has already been counted once.
 
06/01/1996DELAY OF CLOSURE FOR NON-RETROFITTED HAZARDOUS WASTE SURFACE IMPOUNDMENTS CONTINUING TO RECEIVE NON-HAZARDOUS WASTEQuestion & Answer
 Description: A surface impoundment newly subject to regulation may cease receiving hazardous waste before the four-year mandatory retrofitting deadline and thus avoid minimum technological requirements (MTR). An owner may continue receiving nonhazardous waste indefinitely without closing. The owner of a surface impoundment that ceases receiving hazardous waste does not have to begin closure activities until 90 days after the final receipt of nonhazardous waste. An impoundment not in compliance with Section 265.113(e) must begin closure within 90 days after the 4-year retrofitting period (Section 3005(j)).
 
06/01/1996Environmental Fact Sheet: Standards Issued for Nonmunicipal Solid Waste Units that Receive CESQG Hazardous WastePublication
 Description: Announces the promulgation of standards for nonmunicipal solid waste units that receive hazardous waste from CESQGs. Explains new technical standards for nonmunicipal nonhazardous waste disposal units that receive CESQG hazardous wastes; these include location restrictions, groundwater monitoring requirements, and corrective action standards. Describes the three types of facilities that might receive CESQG waste and how they might be affected by this rule.
 
06/01/1996HAZARDOUS WASTE LIQUID-CONTAINING PUMPS AND THE LIQUIDS IN LANDFILLS PROHIBITIONQuestion & Answer
 Description: Owners and operators have three options for disposing of containerized liquids in landfills: remove liquid, add sorbent or solidify, or eliminate by other means. There is no requirement to dismantle pumps containing free liquids prior to disposal in a landfill under the liquid in landfill prohibition. There is no requirement to remove or sorb free liquids in containers such as pumps holding liquids for use other than storage.
 
06/01/1996TANK STORAGE AT TRANSFER FACILITIESQuestion & Answer
 Description: A transporter may not store hazardous waste in stationary tanks at a transfer facility without a permit or interim status. Hazardous wastes at transfer facilities must be manifested, stored in containers meeting DOT requirements, and be held 10 days or less. Discussed the definition of container.
 
05/30/1996STATUS OF MIXED COAL PRODUCTSMemo
 Description: Characteristic manufactured gas plant (MGP) wastes can be mixed with coal or other material in a generator accumulation unit until the characteristic is removed. The resulting mixture may be sent to a fossil fuel combustor provided the mixture is no longer characteristically hazardous. Combustion residues are exempt under the Bevill exemption for fossil fuel combustion wastes. If the mixture is sent to a landfill, it must meet land disposal restrictions (LDR) treatment standards regardless of whether the characteristic has been removed (SEE ALSO: 63 FR 28574; 5/26/98).
 
05/24/1996Hazardous Waste Requirements for Large Quantity GeneratorsPublication
 Description: Summarizes information on identifying hazardous wastes generated, determining generator categories, obtaining EPA identification numbers, preparing waste for shipment off site, obtaining manifests, managing hazardous waste on site, reporting, record keeping, complying with LDR, and following export/import requirements.
 
05/23/1996EPA'S IMPLEMENTATION OF THE HAZARDOUS WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: EPA can require combustion facilities to perform indirect exposure risk assessments under the omnibus authority (Section 3005(c)(3)). EPA does not require the use of a particular risk assessment model. In order to invoke the omnibus authority, EPA must show that additional requirements are necessary to protect human health and the environment. Discusses the scope and limitations of the omnibus provision. The Combustion Strategy does not impose regulatory requirements and is not subject to notice and comment. Discusses EPA rationale for targeting hazardous waste combustors under the Combustion Strategy. Facilities can challenge requests to perform a risk assessment (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
05/10/1996APPLICABILITY OF OMNIBUS AUTHORITY AND SITE SPECIFIC RISK ASSESSMENTS TO WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: The use of the omnibus authority (Section 3005(c)(3)) in implementing the Combustion Strategy is consistent with the original intent of statute and regulations. The strategy does not impose regulatory requirements, but is a statement of policy. EPA requires a site-specific risk assessment at hazardous waste combustion facilities prior to permit determination under omnibus authority because combustion regulations do not fully account for indirect exposure pathways (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
05/01/1996EXCLUSION OF LABORATORY WASTES FROM THE MIXTURE RULEQuestion & Answer
 Description: Wastes listed for being acutely hazardous or both toxic and characteristic are eligible for the Section 261.3(a)(2)(iv)(E) exemption from the mixture rule. Sludges from exempt wastewaters are exempt from listings but are hazardous if characteristic or derived from non-laboratory listed waste. The section 261.3(a)(2)(iv)(E) wastewater treatment exemption does not apply to wastewaters listed solely for a characteristic. Wastes listed solely for exhibiting a characteristic are eligible for the mixture rule exemption at Section 261.3(a)(2)(iii) (SEE ALSO: 268.3; 66 FR 27266; 5/16/01).
 
05/01/1996FREQUENTLY ASKED QUESTIONS ON THE UNIVERSAL WASTE REGULATIONSQuestion & Answer
 Description: The universal waste (UW) regulations cover hazardous waste batteries (battery), pesticides, and mercury-containing thermostats (SEE ALSO: 70 FR 45508; 8/5/05). Wastes (e.g., fluorescent mercury lamps) may be added to the UW system (SEE ALSO: 64 FR 36466; 7/6/99). Spent lead-acid batteries may be handled under Part 266, Subpart G, or under Part 273. There are no specific provisions for satellite accumulation of UW. Only large quantity handlers of universal waste (LQHUW) must submit a one-time written notification and obtain an EPA identification number. Handlers may accumulate universal waste at or near point of generation for up to 1 year.
 
05/01/1996INTERPRETATION OF GENERATOR REQUIREMENTS AS APPLIED TO VARIOUS ON-SITE AND OFF-SITE SCENARIOSMemo
 Description: Provides a clarification of the terms on-site, facility, installation, and individual generation site. Contiguous properties owned by different persons require separate identification numbers. Manifests are required for all off-site shipments of waste, even if both properties belong to the same generator (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; 2/12/97). No manifest is required to ship hazardous waste between two properties under the same ownership that are located at opposite corners of an intersection. Large quantity generator (LQG) and small quantity generator (SQG) waste must be sent to a designated facility. No final interpretation exists on whether conditionally exempt small quantity generator (CESQG) waste sent to an intermediate location for consolidation loses its exemption. Waste in transportation may be consolidated at transfer facilities. The emergency response exemption from permitting applies to immediate response only. Hazardous waste generated as the result of discharge may be accumulated for 90 days under Section 262.34.
 
05/01/1996MANAGEMENT OF HAZARDOUS WASTE GENERATED IN QUANTITIES LESS THAN 100 KG AND THOSE THAT ARE THROWN AWAY WITH ORDINARY GARBAGEMemo
 Description: Discusses the summary of conditionally exempt small quantity generator (CESQG) regulations and EPA rationale for choosing 100 kilograms as the CESQG threshold (SEE ALSO: 61 FR 34252; 7/1/96).
 
05/01/1996REGULATIONS THAT APPLY TO GENERATORS WHO ACCUMULATE WASTE IN CONTAINERS AT OR NEAR THE POINT OF GENERATIONMemo
 Description: A generator has three days after the 55-gallon limit is exceeded to transfer excess waste from a satellite accumulation area. Excess waste is subject to Section 262.34(a) after three days. Contact the state agency for instances when quantities in excess of 110 gallons are generated. Federal interpretation is not binding in authorized states.
 
05/01/1996RESOLUTION OF RCRA ISSUES RELATING TO THE WOOD PRESERVING INDUSTRYMemo
 Description: Drip pad sumps can satisfy the wastewater treatment unit (WWTU) exemption if they are part of the facility’s wastewater treatment system, even though the wood preserving regulations require sumps to meet Subpart J tank standards. If a wood preserving facility qualifies as a conditionally exempt small quantity generator (CESQG), it is conditionally exempt from Parts 264/265, Subparts W and J requirements.
 
05/01/1996SURFACE IMPOUNDMENT RETROFITTING REQUIREMENTSQuestion & Answer
 Description: HSWA added requirements for minimum technological requirements (MTR) (Section 3004(o)), including double liners, leachate collection and removal systems, and groundwater monitoring for surface impoundments. Interim status surface impoundments in existence on November 8, 1984, had to retrofit to meet standards or close within four years. Existing impoundments newly subject to RCRA must retrofit or close in 4 years (Section 3005(j)). HSWA provided some variances for these retrofitting requirements.
 
04/24/1996PERFORMANCE AND SAFE APPLICABILITY OF COLD-MIX TECHNOLOGIES AND BIOREMEDIATION FOR PETROLEUM-CONTAMINATED SITESMemo
 Description: Discusses the appropriateness of solidification and stabilization technologies for the treatment of organics. Stabilization/solidification technologies are not considered best demonstrated available technology (BDAT) for petroleum wastes. Volatilization can occur during certain stabilization/ solidification processes. Discusses bioremediation technologies (including land treatment, biopiles, and bioventing) and degradation rates.
 
04/12/1996USE OF INDUSTRIAL HAZARDOUS AND NON-HAZARDOUS WASTES AS FEEDSTOCK FOR A CATALYTIC EXTRACTION PROCESSING (CEP) UNITMemo
 Description: A catalytic extraction process (CEP) using listed hazardous waste (HW) feedstock to produce synthesis gas (syngas) may be legitimate recycling. A legitimate recycling determination is left to the implementing agency. Once a determination is made, the implementing agency must determine if the HW feedstock is exempt for use/reuse. The exemption does not apply if the resulting product is burned for energy recovery, used to make fuel (261.2(e)(2)(ii)), or used in a manner constituting disposal. Residuals from the CEP are not regulated if they are not listed or characteristic. Listed or characteristic residuals would be a newly generated waste. The current regulations do not characterize HW-derived fuels based on a comparison to product fuels. EPA has proposed a comparable fuels exclusion and syngas exemption (SEE ALSO: the exclusion was finalized 63 FR 33782; 6/19/98).
 
04/10/1996MAXIMUM ACHIEVALBE CONTROL TECHNOLOGY (MACT) RULEMAKING FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: Improperly designed hazardous waste incinerators and cement and light weight aggregate kilns (BIFs) can pose a hazard. EPA signed the proposed MACT rule on March 20, 1996, (61 FR 17358; 4/19/96) to establish tough dioxin, mercury, and lead emission standards (SEE ALSO: 64 FR 52828; 9/30/99). The Agency will continue to use the omnibus permitting authority (270.32(b)(2) and 3005(c)(3)) to ensure protection on a site-specific basis. The Agency remains committed to developing tailored regulations in conjunction with the existing authorities for Bevill exempt cement kiln dust (CKD). Addresses the risks from CKD management identified in the CKD regulatory determination (60 FR 7366; 2/7/95). The decision affects all CKD, regardless of the fuel burned. The CKD program will be risk-based, flexible, and tailored to site-specific conditions.
 
04/10/1996UNIVERSAL WASTE RULE - IMPLEMENTATIONMemo
 Description: EPA encourages the timely development of universal waste (UW) collection systems, and encourages states to quickly adopt the UW rule. UW rule authorization is a high priority. If a state adopts the UW rule, but is not authorized, the Region should enforce only if there is non-compliance with Part 273 standards. EPA may choose to use 7003 authority for UW management that causes imminent and substantial endangerment (SEE ALSO: 64 FR 36466; 7/6/99).
 
04/01/1996ABILITY OF A HAZARDOUS WASTE BURNING BIF TO SPIKE METALS AND USE OF TEST DATA IN LIEU OF A TRIAL BURNMemo
 Description: EPA does not recommend spiking toxic metals at high concentrations during BIF trial burns. Burning waste fuels with high metals content in trial burns, compliance tests, or normal operations is an environmentally unsound practice. The Combustion Strategy recommends that toxic metals burned in hazardous waste combustors be addressed in a multi-pathway risk assessment under Section 3005(c)(3) omnibus authority. Decisions to allow the use of data in lieu of a trial burn or compliance test are made on a site-specific basis. Data-in-lieu of provisions are not intended to allow the elimination of retesting requirements.
 
04/01/1996FREQUENTLY ASKED QUESTIONS ON HAZARDOUS WASTE GENERATOR REQUIREMENTSQuestion & Answer
 Description: Large quantity generators (LQGs) and small quantity generators (SQGs) may treat without a permit or interim status under Section 262.34. SQGs are not subject to Biennial Report requirements. Conditionally exempt small quantity generators (CESQG) regulations are found in Section 261.5. EPA does not require waste codes on the manifest but DOT regulations may. States may require waste codes to be listed on the manifest.
 
03/29/1996SITE-SPECIFIC RISK ASSESSMENTS UNDER THE HAZARDOUS WASTE COMBUSTION STRATEGYMemo
 Description: The April 1994 draft "Exposure Assessment Guidance for RCRA Hazardous Waste Combustion Facilities" is applicable guidance for site-specific risk assessments (somewhat dated). EPA encourages using the most up-to-date technical information available and other relevant guidance. EPA encourages the use of actual field data when assessing exposures for evaluating modeling results.
 
03/25/1996EPA'S ASSESSMENT OF WHETHER AN UNUSED CHEMICAL AND THE RESULTING SPENT MATERIAL ARE HAZARDOUS WASTE AND/OR MIXED WASTEMemo
 Description: Potassium hexacyanocobalt (II) - ferrate (II) that is used as an ion exchange medium to remove cesium from a wastestream is not a listed hazardous waste before or after use. Media are unlikely to exhibit a characteristic before use. If media exhibit a characteristic after use, they would be radioactive mixed wastes.
 
03/25/1996SCOPE AND APPLICABILITY OF THE AREA OF CONTAMINATION (AOC)Memo
 Description: The letter from Lowrance to Green (RPC# 6/11/92-01) reflects the current agency area of contamination (AOC) policy. Movement of media within an AOC does not trigger RCRA, including land disposal restrictions (LDR). The AOC concept can be applied in a remediation action that is not overseen by a government agency. An AOC does not shield a facility from state or federal cleanup requirements.
 
03/21/1996USE OF FOURIER TRANSFORM INFRARED SPECTROSCOPY (FTIRS) FOR HEADSPACE GAS SAMPLING ANALYSIS AND CHARACTERIZATIONMemo
 Description: Fourier Transform Infrared Spectroscopy (FTIRS) for headspace gas sampling analysis (e.g., analysis for drum headspace Volatile Organic Compounds) will be included in the next proposed update of SW-846 as draft method 8450.
 
03/15/1996EPA RESPONSES TO CONCERNS RAISED ON THE MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS FOR CEMENT KILNSMemo
 Description: Discusses the Agency response to a Congressman on the approach to combustion emissions regulation, why the Agency is pursuing MACT, and the risk justification for MACT. Addresses whether cement kilns and incinerators are grouped in developing MACT and whether the Agency distinguishes between wet and dry kilns under MACT. Discusses why the Agency established feed rate limits for kilns under MACT (SEE ALSO: 64 FR 52828; 9/30/99), and why the Agency is requiring a site-specifc risk assessment at cement kilns using the omnibus permitting authority (RCRA 3005(c)(3)).
 
03/13/1996USE OF THE AREA OF CONTAMINATION (AOC) CONCEPT DURING RCRA CLEANUPSMemo
 Description: Addresses the use of the area of contamination (AOC) concept during RCRA cleanups, and the relationship of an AOC to a corrective action management unit (CAMU). An AOC refers to a discrete area of generally dispersed contamination. Discusses the regulatory status of the CAMU rule in relation to the Hazardous Waste Identification Rule (HWIR)-Media and litigation (SEE ALSO: 63 FR 65873; 11/30/98). Also discusses the definition of placement.
 
03/12/1996CO-GENERATOR POLICY AND EXCEPTIONS WHEN A GENERATOR IS DESIGNATED BY A MUTUAL AGREEMENT AMONG CO-GENERATORSMemo
 Description: When the owner and the operator of a process unit are different, EPA looks first to the operator to fulfill generator duties, although the owner remains jointly liable. If the unit’s owner operates the unit but another party owns the chemical raw materials and removes the hazardous waste, both parties are cogenerators. EPA typically looks first to the party designated by the cogenerators to fulfill generator duties. Where the responsible party is not clearly designated, EPA looks to the operator of the process unit (SEE ALSO: 45 FR 72026; 10/30/80).
 
03/08/1996NEW INFLATION FACTORS FOR UPDATING FINANCIAL RESPONSIBILITY COST ESTIMATESMemo
 Description: Closure and post-closure cost estimates may be updated by using an inflation factor derived from dividing the latest GDP Implicit Price Deflator (IPD) by the deflator for the previous year. The GDP IPD has largely supplanted the GNP IPD referenced in the regulations. In January 1996, the Commerce Department published a new series of IPDs with a new base year of 1992. Cost estimates should use the new IPD values based on the new 1992 base year (NOTE: 1994 and 1995 IPD figures in this memo are incorrect).
 
03/07/1996FEDERAL POLICY ON SEVERAL ISSUES RELATED TO THE USE OF THE HAZARDOUS WASTE MANIFEST BY HAZARDOUS WASTE TRANSPORTERSMemo
 Description: The transporter block on the manifest is used to identify companies that transport waste. Transfer facilities do not need to be identified on the manifest unless the owner of the transfer facility takes custody of the waste as a new transporter. Brokers, transporters, or TSDFs may be an importer and therefore subject to generator requirements. One party should assume the generator responsibilities. Discusses the procedures for handling rejected shipments of hazardous waste exported to Canada.
 
03/07/1996INDUSTRIAL WIPERS AND THE HAZARDOUS WASTE IDENTIFICATION RULEMemo
 Description: Discusses possible factors to consider in a future rulemaking on disposable and reusable rags and wipers contaminated with solvents (SEE ALSO: RPC# 10/27/94-01 and RPC# 2/14/94-01).
 
03/01/1996Environmental Fact Sheet: EPA Publishes Land Disposal Restrictions Treatment StandardsPublication
 Description: This fact sheet announces EPA's provision of innovative compliance options that bridge the requirements of CWA and RCRA for treating hazardous wastes, and simplify permit requirements and ease compliance by eliminating potential confusion about applicable regulatory requirements of the LDR program.
 
03/01/1996Environmental Fact Sheet: Agency Requests Comment on Corrective Action for Solid Waste Management Units at Hazardous Waste Management Facilities (Subpart S)Publication
 Description: This fact sheet introduces EPA's strategy for development of corrective action regulations and guidance, requests comments on a broad range of corrective action issues, provides a status report on the corrective action program, and emphasizes areas of flexibility within current corrective action implementation.
 
03/01/1996Environmental Fact Sheet: Revised Technical Standards Proposed for Hazardous Waste Combustion Facilities (MACT)Publication
 Description: Presents an overview of the proposal to revise the emission standards for hazardous waste-burning incinerators, cement kilns, and lightweight aggregate kilns. This rule is being proposed under the joint authority of the Clean Air Act (CAA) and the Resource Conservation Recovery Act (RCRA). The proposal fulfills EPA’s committment, as stated in the 1993 Hazardous Waste Minimization and Combustion Strategy, to upgrade the emission standards for hazardous waste-burning facilities.
 
03/01/1996FREQUENTLY ASKED QUESTIONS ON COMPLIANCE WITH PART 268 LAND DISPOSAL RESTRICTIONS TREATMENT STANDARDSQuestion & Answer
 Description: Provides an explanation of the Section 268.40 Treatment Standards for Hazardous Wastes and Section 268.48 Universal Treatment Standards (UTS). Certain characteristic wastes are subject to Sections 268.40 and 268.48. Listed wastes are only subject to universal treatment standards (UTS) if they exhibit a characteristic not addressed in the treatment standard for the listed waste. Characteristic metal wastes that exhibit a second characteristic subject to universal treatment standards must meet the more stringent metal treatment standard.
 
03/01/1996GENERATORS AND DESIGNATED TRANSPORTERSQuestion & Answer
 Description: A transporter must seek approval of the generator to change the chain of transportation on the manifest. The generator must designate all transporters on the manifest. The generator alone is responsible for a complete chain of transportation on the manifest.
 
03/01/1996REMOVAL OF HAZARDOUS WASTE MANAGEMENT UNIT FOR SUBPART CC COMPLIANCEQuestion & Answer
 Description: Removing a unit from service by the June 6, 1996, effective date is an acceptable means of compliance with the Subpart CC standards. When controls cannot be installed by the effective date, the owner must prepare an implementation schedule and explanation. An implementation schedule is not an extension to the effective date. (SUPERSEDED: effective date now 12/6/96; see 61 FR 59932; 11/25/96)
 
02/27/1996CLARIFICATION OF THE ""MIXTURE RULE,"" THE ""CONTAINED-IN"" POLICY, LDR ISSUES, AND ""POINT OF GENERATION"" FOR U096Memo
 Description: U096 spilled on soil is subject to the contained-in policy. The contained-in policy does not specify levels at which contained-in determinations must be made. EPA leaves contained-in determinations to the discretion of the implementing agency. Under the Section 261.3(a)(2)(iii) mixture rule exemption, mixture of hazardous waste listed solely for exhibiting a characteristic (e.g., U096) and solid waste that no longer exhibits a characteristic can be disposed in a subtitle D landfill, but must still meet land disposal restrictions treatment standards (SEE ALSO: 268.3; 61 FR 18780; 4/29/96; 66 FR 27266; 5/16/01).
 
02/26/1996APPLICABILITY OF THE OMNIBUS AUTHORITY AND SITE SPECIFIC RISK ASSESSMENTS TO WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: The use of omnibus authority (Section 3005(c)(3)) in implementing the Combustion Strategy is consistent with the original intent of the statute and regulations. The strategy does not impose regulatory requirements, but is statement of policy. Under the omnibus authority, EPA requires a site-specific risk assessment at hazardous waste combustion facilities prior to permit determination because combustion regulations do not fully account for indirect exposure pathways (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
02/26/1996USED OIL AS A DUST SUPPRESSANTMemo
 Description: EPA prohibits the use of used oil as a dust suppressant, unless a state has successfully petitioned EPA under Section 279.82(b) to allow such use.
 
02/20/1996CLARIFICATION OF RCRA CORRECTIVE ACTION PROGRAM WITH REGARD TO TSD UNITSMemo
 Description: RCRA regulated units (surface impoundments, waste piles, land treatment units, and landfills) are solid waste management units (SWMUs). SWMUs are subject to RCRA corrective action authority (i.e., Sections 3004(u) or 3008(h)). Discusses integrated implementation of corrective action for releases to groundwater and other media from regulated units (SEE ALSO: Section 264.90(f) and 63 FR 56710; 10/22/98)). Dual authority is required when conducting cleanup at a regulated unit in a state authorized for RCRA groundwater requirements but not for corrective action. Changes necessary to comply with a corrective action order are exempt from the reconstruction limit. Closure need not be delayed to perform corrective action. EPA encourages coordination between closure and corrective action activities.
 
02/15/1996EPA'S NON-OBJECTION TO IMPORTS OF COBALT OXIDE-MOLYBDIC OXIDE SPENT CATALYSTS INTO THE U.S. FOR RECOVERYMemo
 Description: Cobalt oxide-molybdic oxide spent catalysts are usually nonhazardous, but can exhibit the toxicity characteristic for benzene and arsenic. EPA does not have the authority to object to imports of nonhazardous waste. In order for Basel parties to export covered waste to non-Basel parties, the two parties must have a bilateral agreement in place. Presents a list of countries that are parties to Basel as of January 10, 1996.
 
02/15/1996USE OF USED OIL AS A DUST SUPPRESSANTMemo
 Description: EPA prohibits the use of used oil as dust suppressant. EPA does not have the authority under RCRA to regulate commercial dust suppressants or other commercial products other than waste-derived products and discarded commercial chemical products.
 
02/08/1996APPLICABILITY OF LAND DISPOSAL RESTRICTIONS TO WIPP-DESTINED TRANSURANIC MIXED WASTEMemo
 Description: Land disposal restrictions no migration demonstration is not necessary for waste destined for disposal at the Waste Isolation Pilot Plant (WIPP). Compliance with AEA and WIPP Compliance Criteria adequately protects human health and the environment. Risks specific to hazardous waste during the operational phase of WIPP can be addressed through RCRA permit requirements. Miscellaneous unit standards require the prevention of releases that may cause adverse effects.
 
02/08/1996DEFINITION OF SIGNIFICANT CONCENTRATIONS OF HALOGENATED HAZARDOUS CONSTITUENTS AS CONTAINED IN USED OILMemo
 Description: The rebuttable presumption assumes used oil containing greater than or equal to 1,000 ppm total halogens has been mixed with a listed hazardous waste. Part 279 is not effective in states authorized for RCRA base program until the state becomes authorized for Part 279.
 
02/05/1996UNIVERSAL WASTE NOTIFICATION REQUIREMENTSMemo
 Description: Large quantity handlers of universal waste (LQHUW) may fulfill the notification requirement by sending a one-time written notification or submitting an 8700-12 form. There is no national requirement to track this information in RCRIS (NOTE: RCRIS data was replaced by RCRAinfo data in Summer, 2000).
 
02/01/1996CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS TREATING IN ELEMENTARY NEUTRALIZATION UNITSQuestion & Answer
 Description: Conditionally exempt small quantity generators (CESQGs) may treat hazardous waste in elementary neutralization units (ENU) without meeting Sections 261.5(f)(3) and (g)(3) standards. ENUs are exempt from treatment, storage, disposal, and permitting standards.
 
02/01/1996FREQUENTLY ASKED QUESTIONS ON THE 40 CFR PART 264/265, SUBPART CC AIR EMISSION STANDARDSQuestion & Answer
 Description: Large quantity generators (LQGs) are subject to Part 265, Subparts AA, BB, and CC. Subpart CC does not apply to satellite accumulation areas. Subpart CC does not require the use of a specific type of equipment or add-on control device.
 
02/01/1996Reglamento de Residuos Universales (Spanish - The Universal Waste Rule Brochure)Publication
 Description: Spanish version of The Universal Waste Rule: Brochure. This flyer provides an overview of EPA’s Universal Waste Rule which is designed to reduce the amount of hazardous waste in the municipal solid waste stream, encourage recycling and proper disposal of certain common hazardous wastes, and reduce the regulatory burden on businesses that generate these wastes. The document includes an overview of what universal wastes are, who is affected by the rule, and the states role in implementation.
 
01/30/1996BARIUM IN HAZARDOUS WASTEMemo
 Description: Reexamination of the regulatory levels for barium in hazardous waste and other media is not currently an Agency priority. EPA also has regulatory levels for barium in drinking water and would have to coordinate any scientific review of established levels with the EPA office responsible for these standards.
 
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).
 
01/01/1996Como Obtener Acceso al Centro de Información sobre la RCRA (Spanish - How to Access the RCRA Information Center)Publication
 Description: This document is the Spanish version of How To Access the RCRA Information Center. It includes an outline of the services it provides, how it can be accessed, and a comprehensive list of additional EPA points of contact which provide additional information pertaining to solid and hazardous waste. These points of contact, for example, include the RCRA, Superfund, and EPCRA Hotline, the Test Methods Hotline, and the Superfund Docket.
 
01/01/1996CONVERSION OF PERMITTED OR INTERIM STATUS UNITS TO GENERATOR ACCUMULATION UNITSQuestion & Answer
 Description: Permitted or interim status units converted to generator accumulation units may delay closure until the final receipt of hazardous waste. The owner or operator must maintain financial assurance until final closure is completed.
 
01/01/1996CORRECTIVE ACTION BEYOND INTERIM STATUS FACILITY BOUNDARYQuestion & Answer
 Description: EPA can use Section 3008(h) or Section 7003 corrective action orders for releases that migrate beyond interim status facility boundary. Section 3008(h) applies to facilities which have interim status (IS), had IS, or should have had IS. Section 3008(h) authority is at least as broad as Section 3004(u) and Section 3004(v) authority.
 
12/20/1995RCRA EXPANDED PARTICIPATION RULEMemo
 Description: Announces the promulgation of the RCRA Expanded Public Participation Rule (60 FR 63417; 12/11/95). EPA encourages early implementation of the rule’s provisions by Regions, states, and the regulated community. Presents a list of additional goals for public involvement that were not included in the final rule but remain as guidance.
 
12/08/1995DELEGATION OF REGULATORY PRIMACY TO STATES UNDER RCRAMemo
 Description: EPA has authorized Wyoming for its base RCRA program. Iowa is the only state to have returned its RCRA program to EPA.
 
12/01/1995LEAD-ACID BATTERIES AND UNIVERSAL WASTEQuestion & Answer
 Description: Lead-acid batteries (battery) that are managed under Part 266, Subpart G, are not subject to the universal waste management standards under Part 273.
 
11/30/1995SAFE MANAGEMENT OF FLUORESCENT LAMPSMemo
 Description: EPA agrees that it is important to support the goals of the Green Lights Program. EPA received over 300 comments on the proposed mercury-containing fluorescent lamp rule (59 FR 38288; 7/27/94) (SEE ALSO: 64 FR 36466; 7/6/99). States can add lamps to their own lists of universal wastes and set regulatory controls. States may have more stringent laws and policies than the federal program.
 
11/30/1995SITE-SPECIFIC RISK ASSESSMENTS AT COMBUSTION FACILITIES THAT ARE REGULATED UNDER RCRAMemo
 Description: As part of the Combustion Strategy, EPA has a policy of strongly recommending site-specific risk assessments for all permits under the Section 3005(c)(3) omnibus provision (when necessary). EPA recommends site-specific risk assessments for all combustors (incinerators, BIFs) (SEE ALSO: 61 FR 17358; 4/19/96).
 
11/29/1995ADMINISTRATOR’S DECISION ON EXTENSION OF DELISTING DELEGATION TO REGIONSMemo
 Description: EPA headquarters is delegating delisting authority to the Regions. Delisting petitions should be submitted directly to the Regions rather than to headquarters. Existing petitions were transferred to the Regions.
 
11/27/1995HAZARDOUS WASTE LISTING DETERMINATION (60 FR 7825, FEBRUARY 9, 1995) OF K156 WASTE FROM THE PRODUCTION OF METHYL CARBAMATEMemo
 Description: Carbamates are a salt or ester of carbamic acid. Methyl carbamate is the simplest ester of a carbamic ester. Organic wastes from the production of methyl carbamate are K156 regardless of the concentration of toxic contaminants (SUPERSEDED: K156 listing vacated by Dithiocarbamate Task Force v. EPA).
 
11/27/1995MUNICIPAL SOLID WASTE MANAGEMENT AUTHORITYMemo
 Description: EPA does not make it a practice to endorse or promote products of any kind, nor can EPA require recycling programs to use specific equipment in their operations. Currently, EPA does not have the authority under RCRA to establish regulations or mandate program requirements for recycling. Provides recycling contacts.
 
11/09/1995USE OF METAL SURROGATES IN COMPLYING WITH THE BOILER AND INDUSTRIAL FURNACE (BIF) RULEMemo
 Description: BIF rules do not specifically prohibit testing with surrogate metals, but the use of surrogate metals may be of limited use. Use of a low volatility regulated metal (e.g., chromium, arsenic) as a surrogate for beryllium is discouraged.
 
11/01/1995Environmental Fact Sheet: Proposal to Release Low-Risk Hazardous Waste Regulation (HWIR-Waste)Publication
 Description: This fact sheet announces EPA's proposal to modify the regulatory framework governing hazardous waste management, the first step to comprehensive reform of RCRA. It also describes how this rule will provide strong incentives for industry to practice waste minimization and pollution prevention and to develop innovative waste treatment techniques.
 
10/19/1995CLARIFICATION ON THE APPLICABILITY OF RCRA TO A FOUNDRY MANUFACTURING DUCT SYSTEMMemo
 Description: Particulate emissions from a foundry production unit generally are not solid wastes (SW) until removed from the baghouse, when a hazardous waste (HW) determination is made. If the emissions are derived from waste management, the particulate may be a HW and regulated prior to its collection in the baghouse.
 
10/18/1995CONCERN REGARDING EPA'S PLANS TO ""DISALLOW CONTINUED USE OF THE CORRECTIVE ACTION MANAGEMENT UNIT (CAMU) PROVISION""Memo
 Description: CAMUs should be used only if the area of contamination (AOC ) concept cannot be used. The AOC concept is independent of the CAMU rule (SEE ALSO: Hazardous Waste Identification Rule for Media (HWIR-Media), 63 FR 65873; 11/30/98).
 
10/16/1995ADMINISTRATIVE STAY OF USED OIL REGULATORY PROVISIONSMemo
 Description: The administrative stay for used oil (UO) and characteristic hazardous waste (HW) mixtures applies only to 279.10(b)(2). All UO and characteristic HW mixtures are subject to land disposal restrictions, even if they are no longer characteristic. Treatment of a UO mixture or residuals for underlying constituents or by a specified technology may be required (SUPERSEDED: See 61 FR 33691; 6/28/96).
 
10/12/1995CLARIFICATION OF TREATMENT, AS DEFINED AT 40 CFR SECTION 260.10, AS IT RELATES TO HAZARDOUS WASTE FUEL BLENDING ACTIVITIESMemo
 Description: Consolidation of compatible bulk or containerized wastes to facilitate efficient transportation or disposal is not treatment. Blending hazardous waste fuels to meet a specification is treatment and requires a permit.
 
10/01/1995Environmental Fact Sheet: EPA Will List 3 of 14 Residuals from Petroleum Refining ProcessesPublication
 Description: This fact sheet outlines the requirement for EPA to make a listing determination on 14 specified wastes from petroleum refining operations. The results of EPA's initial data collection effort concluded with a proposal to identify 3 of the 14 residuals as listed hazardous wastes.
 
10/01/1995Environmental Fact Sheet: Final RCRA Expanded Public Participation RulePublication
 Description: This fact sheet announces EPA's effort to empower all communities to become more actively involved in local hazardous waste management by expanding the public participation aspects of RCRA Subtitle C permitting, and calls for earlier public involvement and expands public access to information throughout the permitting process and the operational life of hazardous waste management facilities.
 
10/01/1995LOCATION OF OPERATING RECORDS AT TREATMENT, STORAGE, AND DISPOSAL FACILITIESQuestion & Answer
 Description: The treatment, storage, and disposal facility (TSDF) operating record retention provisions do not require one central location for the operating record. Records that must be kept on-site do not have to be consolidated in one office. EPA recommends using one central location where possible.
 
09/19/1995CLARIFICATION OF THE CHARACTERISTIC OF IGNITABILITY AS IT PERTAINS TO SOLIDS VS. LIQUIDSMemo
 Description: Flash point test does not define solids as ignitable (D001), but may be used as evidence of the ignitability characteristic. There is no definitive test for ignitability of solids (SEE ALSO: SW-846 method 1030 finalized in 6/13/97; 62 FR 32451).
 
09/19/1995EPA'S DETERMINATION ON WHETHER MACROENCAPSULATION PROCESS ADDRESSES THE REQUIREMENTS OF 40 CFR SECTION 268.45, TABLE 1Memo
 Description: The definition of “macroencapsulation” is different for radioactive lead solids and debris. Debris macroencapsulation may include a tank or container. Merely placing debris in a container is not “macroencapsulation” unless the container is of non-corroding material (stainless steel).
 
09/15/1995CLARIFICATION OF THE RCRA "CONTAINED-IN" POLICYMemo
 Description: Pursuant to the contained-in policy, environmental media that contains listed hazardous waste (HW) must be managed as HW because, and only so long as, it contains listed HW (SEE ALSO: 66 FR 27266; 5/16/01). Regions and authorized States may apply the contained-in policy to determine site-, media-, exposure pathway-, and contaminant-specific levels either before or after treating media and use any mechanism to document these decisions. A state must only be authorized for part of the base program under which a waste of concern is hazardous to make the contained-in determination. The land disposal restrictions (LDR) treatment standards attach at the point of generation and apply to media that no longer contain HW, and to media exhibiting a characteristic that is subsequently treated to eliminate the characteristic. Contaminated media (groundwater (GW), soil, surface water) is not considered a solid waste (abandoned, recycled, or inherently waste-like). The in-situ treatment and movement of contaminated media within an area of contamination (AOC) is not land disposal. Pursuant to RCRA 3020(b), GW may be treated during a cleanup action and reinjected into an aquifer without meeting LDR. EPA encourages individuals who believe that the universal treatment standards (UTS) are not appropriate for their contaminated media to apply for a site-specific treatability variance (SEE ALSO: 63 FR 28556; 5/26/98).
 
09/14/1995CLARIFICATION OF CIRCUMSTANCES INITIATING EPA'S ""MANIFEST DISCREPANCY"" PROCEDURESMemo
 Description: The manifest discrepancy regulations do not apply to waste which loses the corrosivity characteristic during transit (transportation). The manifest discrepancy regulations are intended for situations where the quantity of waste is unaccounted for. The manifest is not a certification that shipped waste is indeed hazardous. A generator can apply knowledge conservatively, rather than incur the costs of testing each waste batch or stream.
 
09/14/1995STATUS OF UNUSED OFF-SPECIFICATION LEAD PLATES USED IN LEAD-ACID BATTERY PRODUCTIONMemo
 Description: Unused off-specification lead plates from lead-acid battery (batteries) production (i.e., nonlisted CCP) are not solid wastes when reclaimed. Used plates are spent materials and solid waste when reclaimed.
 
09/13/1995IS THE CHEMICAL POTASSIUM HEXACYANOCOBALT (II)-FERRATE (II), USED AT A DOE NUCLEAR PLANT, CONSIDERED A ""MIXED WASTE"" UNDER RCRA?Memo
 Description: Potassium hexacyanocobalt (II) - ferrate (II) that is used as an ion exchange media to remove cesium from a wastestream is not a listed waste. Potassium hexacyanocobalt (II) - ferrate (II) is unlikely to exhibit ignitability (D001) or corrosivity (D002). If it exhibits a characteristic, it may be radioactive mixed waste.
 
09/01/1995Environmental Fact Sheet: Office of Solid Waste Reorganized - September 30, 1995Publication
 Description: Summarizes the results of the OSW reorganization and includes a description and detailed chart of each division
 
09/01/1995ISOMERS OF P- AND U-LISTED WASTESQuestion & Answer
 Description: If the generic mixed isomer name and CAS number of a compound appear on the P-list or U-list, any individual isomers of that compound and all mixtures of isomers of that compound meet the listing. When EPA designates a particular isomer, only that isomer is covered by the listing.
 
08/25/1995INTERPRETATION OF THE REGULATORY EXEMPTION FOR BURNING USED OIL IN SPACE HEATERSMemo
 Description: Generators who want to burn used oil in space heaters under 279.23(a)(1) may burn only used oil that they generated and used oil collected from Do-It-Yourselfers. A generator with multiple facilities may burn used oil from his other facilities, but not used oil generated by another business. Used oil brought from off site is subject to the 55-gallon limit.
 
08/24/1995CARBAMATE LISTING DETERMINATION (60 FR 7824, FEBRUARY 9, 1995) AS IT RELATES TO THE LATEX PROCESS WASTES GENERATED BY A COMPANYMemo
 Description: K161 is limited to production wastes from dithiocarbamate acids and their salts. Latex process wastes containing dithiocarbamate (ethyl zimate) are not U407, as ethyl zimate is not the sole active ingredient (SUPERSEDED: U407 listing vacated by Dithiocarbamate Task Force v. EPA). Residue remaining in a container or inner liner removed from a container that held any listed CCP is a hazardous waste when discarded or intended for discard.
 
08/24/1995THE DIFFERENCE BETWEEN THE DEFINITION FOR THE CHARACTERISTIC OF IGNITABILITY AS IT PERTAINS TO SOLIDS VS. LIQUIDSMemo
 Description: There is no official method for testing ignitability of solids or sludges. Method 1010, Pensky-Martens, has some use for liquid wastes with non-filterable, suspended solids. Flash point testing is only appropriate for liquids. OSW developed and proposed SW-846 test method 1030 based on the DOT burn rate test in Section 173.124 and Appendix E (SUPERSEDED: SW-846 method 1030 finalized in 6/13/97; 62 FR 32451). If using the DOT method, separate the solid/liquid phases and test separately. Supplement tests with generator knowledge.
 
08/22/1995EPA'S CURRENT INTERPRETATION OF THE REQUIREMENTS IN 40 CFR SECTION 262.12 REGARDING EPA ID NUMBERSMemo
 Description: Two autonomous divisions of the same company operating on an individual generation site are not separate generators. EPA expects each site to have one ID number. Requests for multiple ID numbers for one site are evaluated on a case-by-case by the Region or State implementing agency.
 
08/16/1995CLARIFICATION AS TO WHETHER USED FIXER IS A ""BY-PRODUCT"" AND NOT SUBJECT TO THE DEFINITION OF SOLID WASTE WHEN BEING RECLAIMEDMemo
 Description: Used photographic fixer is a spent material and not a by-product. EPA is considering removing silver from the TC.
 
08/10/1995CLARIFICATION AS TO WHETHER DEWATERING IS A PROCESS THAT TRIGGERS EPA'S USED OIL PROCESSOR REQUIREMENTSMemo
 Description: Dewatering of oil-based used coolant does not make a generator a processor. If the generator is dewatering and sending used oil (UO) to be burned, then the generator is also a processor.
 
08/10/1995GENERATOR STATUS OF CONTRACTORS WHO REMOVE LEAD-BASED PAINTMemo
 Description: During typical lead-based paint abatement, both the property owner and contractor may qualify as generators responsible for compliance. The cogenerator policy applies to cases other than those specified in the 10/30/80 Federal Register (45 FR 72024), where waste is generated by more than one party.
 
08/10/1995STATUS OF SPENT SILVER-BEARING PHOTOFIXER THAT IS RECLAIMEDMemo
 Description: Used silver-bearing photo fixer that is to be reclaimed is a spent material and a solid waste. Silver recovery units to be reclaimed are characteristic sludges and not a solid waste (SEE ALSO: RPC# 8/4/95-01). A generator who does not accumulate the fixer before reclamation need not count the waste for generator status and may not be subject to regulation.
 
08/04/1995CLARIFICATION OF THE REGULATORY STATUS UNDER RCRA OF SILVER RECOVERY UNITS USED IN PHOTO PROCESSINGMemo
 Description: Silver recovery units used to treat photographic processing wastewaters are characteristic sludges and not a solid waste when reclaimed. This applies regardless of whether the sludge is produced as a result of required or voluntary wastewater treatment.
 
08/03/1995EPA'S INTERPRETATION OF THE EXEMPTION IN 40 CFR 261.3(A)(2)(IV)(F), A NEW SECTION OF EPA'S REGULATIONS ON CARBAMATE LISTING RULEMemo
 Description: The mixture rule exemption for K157 carbamates (261.3(a)(2)(iv)(F)) must account for all constituents not reacted, destroyed, or recovered, including the amount volatilized. The compliance point (where volatilization is measured) is the point of generation prior to mixing with other wastes. Volatilization during production is not counted towards the threshold. The relationship between 261.3(a)(2)(iv)(F) and 261.3(a)(2)(iv)(B) (solvents from non-specific sources) is discussed.
 
08/02/1995A DETERMINATION OF WHETHER A DETOX(SM) WET OXIDATION PROCESS WOULD BE REGULATED UNDER SUBPART X OR UNDER SUBPART OMemo
 Description: Wet oxidation process (DETOX) is a miscellaneous unit, not incinerator, because direct flame combustion is not involved. Subpart X permits contain such terms necessary to protect human health and environment.
 
08/01/1995PURPOSE AND APPLICABILITY OF SPECULATIVE ACCUMULATION PROVISIONQuestion & Answer
 Description: Discusses the background and applicability of the speculative accumulation provision. The speculative accumulation provision generally applies to secondary materials that are not solid wastes when recycled. Materials that are over accumulated without being recycled become subject to regulation.
 
07/26/1995ENVIRONMENTAL INDICATOR FACT SHEETMemo
 Description: Discusses RCRIS corrective action indicator event codes CA725 (human exposures controlled determination) and CA750 (groundwater releases controlled determination). Environmental Indicator event codes measure the environmental results of remediation activities. Addresses site-specific action levels, and owner/operator responsibility for actions of private citizens (SUPERSEDED: See RPC#2/5/99-01).
 
07/18/1995DETERMINATION OF EQUIVALENT TREATMENT (DET) FOR F024 FOR WHICH INCINERATION IS BDATMemo
 Description: The proposed treatment of F024 using catalytic extraction processing would provide the treatment equivalent to the promulgated treatment standard, INCIN (incineration). This determination of equivalent treatment (DET) pursuant to 268.42(b) applies to specific facilities. Additional sites may be covered by a DET if the technology is expected to be commercially deployed at other sites and the company requests a DET.
 
07/15/1995Environmental Fact Sheet: Electronic Resources GuidePublication
 Description: Describes information about hazardous and nonhazardous solid waste available electronically. Details how to access Office of Solid Waste Bulletin Board Systems, EPA Public Access Servers available via both the Internet and modem, and electronic mailing lists (Listservers).
 
07/13/1995REGULATORY STATUS OF SPENT ANTIFREEZEMemo
 Description: Spent antifreeze from radiator flushes may be characteristic. Studies indicate spent antifreeze may be hazardous, primarily due to lead. EPA has not determined the point of generation for like wastes of similar composition when commingled after being produced. Discusses the status of commingling hazardous and nonhazardous antifreeze. If the commingled mixture is no longer hazardous and meets treatment standards, the generator must comply with the Section 268.9 notification requirement. Residues and still bottoms from antifreeze recycling are a newly generated waste. Metal-bearing, high-BTU still bottoms could be burned in a BIF under the dilution prohibition.
 
07/01/1995NPL DELETION/DEFERRAL POLICY AND RCRA SUBTITLE C CORRECTIVE ACTIONQuestion & Answer
 Description: The National Priorities List (NPL) deletion/deferral policy allows EPA to defer sites to RCRA corrective action authority at any point in the NPL process. EPA will defer listing a site on the NPL when other authorities are capable of providing the needed corrective action. The deferral is not automatic for sites eligible for cleanup under RCRA. EPA will not defer federal facilities to RCRA. Lists types of sites that EPA will not defer and the criteria sites must meet to be deleted from the NPL.
 
06/30/1995CLARIFICATION OF REGULATORY LANGUAGE WITH RESPECT TO PERMITTED HAZARDOUS WASTE CONTAINER STORAGE FACILITIESMemo
 Description: Bare concrete can serve as a container storage pad for secondary containment. No regulatory definition of sufficiently impervious is available. Bare concrete is insufficiently impervious for primary containment when in continuous contact with waste (e.g., in surface impoundments or waste piles). Secondary containment regulations are performance standards that allow for the use of materials other than concrete or asphalt.
 
06/30/1995DETERMINATION WHETHER SECONDARY MATERIAL TRANSPORTED TO A CANADIAN COPPER SMELTER IS A SOLID WASTEMemo
 Description: Although dewatering is reclamation, dried metal hydroxide solids in pellet powder from dewatering electroplating wastewater are F006. The listing applies even if the sludge is reclaimed further. Pellets sent to a smelter to recover metals are reclaimed, not directly used or reused, because distinct components are recovered as separate end products. The sludge is F006 before reclamation unless a variance from the definition of solid waste for partially-reclaimed wastes needing further reclamation (260.30(c)) is obtained.
 
06/23/1995REGULATORY DETERMINATION BY INDIANA FOR COPPER SALT PRODUCTIONMemo
 Description: A liquid ion exchange technology used to remove metal contaminants from wastewater before discharge can be an exempt recycling process when used to recover metals from the wastewater. An explanation of the ion exchange wastewater treatment technology is provided. RCRA 3009 prohibits state governments or other political subdivisions from imposing regulations less stringent than the federal RCRA rules on the same matter.
 
06/22/1995DETERMINATION ON WHETHER A GENERATOR'S FLUORESCENT TUBES ARE NONHAZARDOUSMemo
 Description: A generator is responsible for determining if a waste exhibits a characteristic. Testing one spent fluorescent mercury lamp tube to determine if all waste lamps exhibit the characteristic is not representative sampling. Selection of randomly chosen bulbs is more appropriate (see Chapter 9, SW-846). States authorized for the universal waste (UW) rule may add lamps to the state UW list and set management standards (SEE ALSO: 64 FR 36466; 7/6/99). The UW rule streamlines regulations for hazardous waste batteries (battery), pesticides, and mercury thermostats (SEE ALSO: 70 FR 45508; 8/5/05).
 
06/14/1995INTERPRETATION OF THE PHRASE ""WHICH CAN BE REASONABLY EXPECTED TO BE PRESENT"" FOR SOIL THAT EXHIBITS THE TOXICITY CHARACTERISTICMemo
 Description: When preparing land disposal restrictions (LDR) notification for D001, D002, D012-43 soils, constituents “reasonably expected to be present” would include all constituents above universal treatment standards (UTS) levels. In remediation, the point of generation is the point at which contaminated soil is picked up (SEE ALSO: 63 FR 28556; 5/26/98).
 
06/08/1995GUIDANCE ON WHETHER GENERATORS MUST POST ""NO SMOKING"" SIGNS WHEN A FACILITY HAS A ""TOBACCO-FREE"" POLICYMemo
 Description: Discusses the EPA interpretation of enforceability of comments and notes in the regulations. Comments and notes are not legal requirements. Generators meeting the requirements of Section 262.34 need not comply with Section 265.17(a). Generators may be required to post a “no smoking” sign in accordance with Section 265.31. Treatment, storage, and disposal facilities (TSDFs) must, at a minimum, post “no smoking” signs wherever there is a hazard from ignitable or reactive waste, even if the facility has a tobacco-free environment.
 
06/05/1995GUIDANCE FROM THE U.S. EPA ON THE CRUSHING OF MERCURY-CONTAINING LAMPSMemo
 Description: Crushing mercury lamps can be part of an exempt legitimate recycling process. The recycling exemption can apply even if portions of recycling are performed at different sites. A crusher carries the burden to ensure bulbs are actually recycled (SUPERSEDED: lamp crushing by universal waste handlers prohibited; see 64 FR 36466, 36477-36478; 7/6/99). EPA is still weighing options proposed in the 7/27/94 Federal Register (59 FR 38288) for streamlining fluorescent lamp regulation. The universal waste rule streamlines the regulations for hazardous waste batteries (battery), pesticides, and mercury thermostats (SEE ALSO: 70 FR 45508; 8/5/05). States may add additional wastes (e.g., fluorescent lamps) to the state universal waste list and establish management standards.
 
06/01/1995RCRA WASTE MINIMIZATION REQUIREMENTSQuestion & Answer
 Description: Discusses waste minimization requirements for generators and treatment, storage, and disposal facilities (TSDFs). Large quantity generators (LQGs) and TSDFs are required to certify they have a program in place. LQGs are required to describe their waste minimization efforts in the biennial report (Sections 3002(a)(6), 3002(b), and 3005(h)) (SUPERSEDED: no longer required on biennial report, see 1997 Hazardous Waste Report Instructions). Small quantity generators (SQGs) must certify a good faith effort on the manifest.
 
06/01/1995SPENT LEAD-ACID BATTERIES AND COUNTING REQUIREMENTSQuestion & Answer
 Description: Spent lead-acid batteries (battery) that will be reclaimed are not subject to the generator’s monthly counting requirements. Wastes are counted only if they are subject to substantive regulation. Substantive regulations are those regulations which directly relate to storage, treatment, or disposal (SEE ALSO: Part 273).
 
05/25/1995ARE TANK BOTTOMS REMOVED FROM TANKS CONTAINING ONLY NAPHTHA DEEMED TO BE K052 HAZARDOUS WASTE?Memo
 Description: K052 is limited to tank bottoms generated at or as part of a petroleum refinery from tanks used to store leaded gasoline or leaded blending fractions. The listing applies regardless of whether the waste exhibits a characteristic. Because naptha is an unleaded petroleum fraction, tank bottoms from naptha storage at a refinery are not K052.
 
05/25/1995REGULATORY STATUS OF A GASIFICATION UNIT PROPOSED BY TEXACO TO BE BUILT IN EL DORADO, KANSASMemo
 Description: Syngas fuel from a gasification unit at a Kansas petroleum refinery is derived from F037, K022, and K051, but is exempt fuel from refining oil-bearing hazardous waste during normal refinery operations per 261.6(a)(3)(iv) (SUPERSEDED: exemption moved to 261.6(a)(3)(iii)). The gasification unit is an exempt recycling unit. No storage permit is needed for listed feedstocks prior to recycling if the generator accumulation limit is not exceeded. This interpretation does not apply to all gasification units.
 
05/04/1995UNIVERSAL TREATMENT STANDARDS FOR CARBON DISULFIDE IN WASTEWATERMemo
 Description: The land disposal restrictions (LDR) universal treatment standards (UTS) for carbon disulfide in wastewater are derived from data supplied by industry. Discusses how EPA sets the UTS to produce a standard that is universally achievable. The UTS reflect the most difficult to treat waste.
 
05/03/1995CLARIFICATION 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.
 
05/01/1995SOLID WASTE DETERMINATION FOR SPILLED COMMERCIAL CHEMICAL PRODUCTSQuestion & Answer
 Description: An intent to recycle commercial chemical product (CCP) spill residue does not automatically exempt the material from RCRA jurisdiction. The generator has the burden of proving that legitimate recycling will take place. In the absence of strong indicators of recycling, spilled CCP residues are solid wastes.
 
04/20/1995REGULATORY REQUIREMENTS FOR TANKS, VEHICLES, VESSELS, PROCESS OR MANUFACTURING UNITS, OR PIPELINES WHICH HAVE BEEN SHUT DOWNMemo
 Description: Waste generated in a manufacturing process unit may remain in the unit for up to 90 days after the unit has been shut down, and may be stored for an additional 90 days in generator accumulation units. EPA headquarters policy does not address whether K050 waste is generated only through the actual cleaning of heat exchanger bundles, or if the regulated K050 waste is created when sludges remains in a shut-down exchanger for more than 90 days or when they are discarded along with an uncleaned bundle.
 
04/12/1995IS SCRUBBER WASTE FROM A SCRUBBER IN A CLOSED-LOOP FLUE GAS DESULFURIZATION CONSIDERED A SOLID WASTE?Memo
 Description: Waste from lime scrubber in a flue gas desulfurization system (air pollution control device) meets the definition of sludge and thus is a solid waste.
 
04/01/1995STATUS OF FOSSIL FUEL COMBUSTION WASTE EXCLUSIONQuestion & Answer
 Description: Discusses the regulatory status of fossil fuel combustion wastes. Independently- managed large-volume coal-fired utility wastes are excluded under the Bevill exemption for fossil fuel combustion wastes. Remaining wastes are excluded until a final determination is made in 1998. Low-volume wastes not co-managed with large-volume wastes are not excluded.
 
03/22/1995REVISED IMPLEMENTATION STRATEGY FOR CITY OF CHICAGO V. EDF MUNICIPAL WASTE COMBUSTION (MWC) ASH SUPREME COURT DECISIONMemo
 Description: Ash from waste-to-energy facilities burning municipal solid waste (MSW) is no longer exempt from Subtitle C if it exhibits characteristics under 3001(i). Municipal waste combustor ash must be evaluated for characteristics at the point the ash leaves the resource recovery facility, making the mixing of bottom and fly ash prior to a hazardous waste determination impossible in some cases (SEE ALSO: 10/1/94-02; 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95).
 
03/08/1995APPLICABILITY OF RCRA TO HAZARDOUS WASTES GENERATED IN PRODUCT STORAGE TANKS AND MANUFACTURING PROCESS UNITSMemo
 Description: Waste generated in a manufacturing process unit or a product storage tank is not regulated until it exits the unit or unless it remains in the unit for more than 90 days after the unit has been shut down. After removal from the unit, the waste may be accumulated without a permit for an additional period, depending on generator status.
 
03/08/1995REGULATORY STATUS OF SPENT FOUNDRY SAND UNDER RCRAMemo
 Description: Foundry sands normally become wastes when a sand mold is broken at a "shakeout table" and the sand is separated from metal castings. If the sand is destined for reclamation rather than direct reuse, the sand is a spent material and solid waste (SUPERSEDED: SEE RPC# 3/28/2001-01). Nonthermal reclamation of foundry sands (screening sand to remove metal residuals) is an exempt recycling process. Thermal reclamation using a controlled flame to destroy organics in the sand is incineration subject to Subpart O. Spent foundry sand destined for direct reuse as a fluxing agent in primary copper smelting is not a solid waste. Treating hazardous spent foundry sands with iron to stabilize metal contaminants could constitute impermissible dilution (SEE ALSO: 60 FR 11702, 11731; 3/2/95). Most spent foundry sand that is hazardous exhibits the toxicity characteristic for lead (D008) or cadmium (D006). An estimate that 4% of foundry sand sent for disposal is hazardous is provided. Sand used in a leaded brass manufacture is more often hazardous than other foundry sands.
 
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).
 
03/01/1995EXPORT REQUIREMENTS FOR TRANSPORTATION THROUGH TRANSIT COUNTRIESQuestion & Answer
 Description: A person who transports waste from Alaska to California via Canada does not need to follow export requirements because the designated facility is not in foreign country. Transit countries need not be notified.
 
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.
 
03/01/1995SIGNING THE MANIFEST AS AN AGENT WHEN IMPORTING HAZARDOUS WASTEQuestion & Answer
 Description: An agent signing the manifest must be legally affiliated with the EPA ID number on the manifest. Foreign brokers can sign the manifest if they have an EPA ID number (requiring U.S. address) or are legally related to the importer (e.g., a subsidiary).
 
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.
 
02/27/1995CLARIFICATION OF F006/F019 INTERPRETIVE LETTER REGARDING WASTES GENERATED FROM AN ALUMINUM COATING PROCESSMemo
 Description: Wastewater treatment sludges from anodizing aluminum in sulfuric acid are excluded from the F006 listing. Sealing and coloring anodized aluminum are not processes covered by the F006 or F019 listing if no chromates or cyanides are used. Electrodeposition with a clear acrylic film does not generate a listed hazardous waste if no chromate or cyanides are used. (SUPERCEDED BY: Bussard to Environmental Science Services; 8/30/96 (RO 14103))
 
02/24/1995REGULATORY ISSUES PERTAINING TO WASTES CONTAMINATED WITH EXPLOSIVE RESIDUESMemo
 Description: Section 261.23(a)(8) should not be used because it references DOT regulations which have been changed. Debris/media mixed with explosives are reactive if they continue to exhibit a characteristic. The Bureau of Alcohol, Tobacco, and Firearms (BATF) methods may be used to determine reactivity for Section 261.23(a)(6) and (7), but would not be enforceable.
 
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.
 
02/21/1995CLARIFICATION ON RCRA AND TSCA JURISDICTION OVER INFECTIOUS AND/OR GENETICALLY ENGINEERED WASTEMemo
 Description: Section 3007 may be used to gain access to a hazardous waste facility. Materials which meet the statutory definition of hazardous waste are subject to Sections 3007 and 3013. Sections 3004(u) and 3008(h) are based on the statutory definition of hazardous waste, and apply to biological, genetically engineered, and infectious wastes (BGEIW). Units storing BGEIW are solid waste management units (SWMUs). The status of a military facility as “classified” is not bar to EPA action unless the facility has presidential exemption under Section 6001. Action under Sections 3004(u) and 3007 is not limited by dates (i.e., they may be retroactive).
 
02/17/1995DO VESSELS TRANSPORTING A RCRA REGULATED HAZARDOUS WASTE REQUIRE AN EPA ID NUMBER FOR TRANSPORT BETWEEN THE U.S. AND BELGIUM?Memo
 Description: An EPA ID number is not required for a vessel once a waste shipment is outside U.S. jurisdiction.
 
02/17/1995EPA'S CURRENT CONTAINED-IN POLICY AS IT APPLIES TO ENVIRONMENTAL MEDIA THAT CONTAIN P- AND U-LISTED HAZARDOUS WASTESMemo
 Description: The contained-in policy applies to P- and U-listed wastes in the same manner as other wastes. Although Section 261.33(d) states that “contaminated” soil and water from the cleanup of releases of P-listed and U- listed wastes are hazardous, they would not not be considered contaminated if they do not contain waste.
 
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.
 
02/17/1995IS A SECTION 3008(H) ENFORCEMENT ORDER AN APPROPRIATE MECHANISM FOR APPROVING A CAMU?Memo
 Description: Section 3008(h) orders can be used to establish corrective action management units (CAMUs) and other remedial units at facilities which lost interim status (LOIS). Permits are not necessary if a Section 3008(h) order is in place, but public participation should occur.
 
02/16/1995RESPONSE TO PETITION ON PROHIBITION OF USE OF SLAG FROM HIGH TEMPERATURE METALS RECOVERY AS ANTI-SKID/DEICING AGENTMemo
 Description: The 266.20 use constituting disposal regulations effectively prohibit the use of slag derived from high temperature metals recovery (HTMR) of K061, K062, and F006 for anti-skid or deicing agents. HTMR residues may contain high concentrations of metals. EPA is not confident that K061, K062, and F006 used in this manner have been treated to minimize any threat.
 
02/15/1995Construction and Demolition Waste LandfillsPublication
 Description: Presents information on construction and demolition (C&D) waste landfills. Discusses the composition of C&D wastes, including any hazardous materials or constituents. Provides information on the quality of C&D landfill leachate, based on sampling data taken from landfills around the country. Contains a detailed summary of state regulations pertaining to C&D facilities. Identifies states that have regulations related to groundwater monitoring; corrective action; location restrictions; and facility design, operation, closure, and/or postclosure care; and provides the specifics of those regulations.
 
02/15/1995Environmental Fact Sheet: EPA Finalizes Listing of Wastes from the Production of Carbamates and Adds 58 Chemicals to the Off-Specifications Product ListPublication
 Description: Amends the list of hazardous wastes generated from specific sources to include the following additional wastes: K156 - organic waste from the production of carbamates and carbamoyl oximes; K157 - wastewaters from the production of carbamates and carbamoyl oximes; K158 - bag house dust and filter/separation solids from the production of carbamates and carbamoyl oximes; K159 - organics from the treatment of thiocarbamate wastes; K160- solids from the production of thiocarbamates and solids from the treatment of thiocarbamate wastes; K161 - purification solids, bag house dust, and floor sweepings from the production of dithiocarbamate acids and their salts (not including K125 and K126); and 58 specific materials (commercial chemical products or manufacturing chemical intermediates) that are hazardous wastes if discarded or intended to be discarded. Adds EPA Hazardous Waste Numbers K156 through K161 and the 58 specific toxic and acutely toxic products to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) list of hazardous substances and establishes CERCLA reportable quantities for these materials.
 
02/15/1995Environmental Fact Sheet: EPA Proposes Concentration-Based Treatment Standards for Hazardous Constituents Found in Characteristic Wastes Managed in Clean Water Act SystemsPublication
 Description: Announces EPA's proposed innovative compliance options for meeting requirements posed by the DC Circuit Court's opinion on the Third Third land disposal restrictions for ignitable, corrosive, and reactive wastes. Addresses ways to integrate overlapping requirements under the Clean Water Act and RCRA statutes to avoid duplication.
 
02/10/1995CLARIFICATION OF THE LDR PHASE II REGULATION THAT APPEARED IN THE FEDERAL REGISTER ON SEPTEMBER 19, 1994Memo
 Description: SW-846 need not be used to demonstrate compliance with the universal treatment standards (UTS). When organic waste are combusted, nondetect values within an order of magnitude of UTS are acceptable. Notification for F001-F005, F039, D001, D002, D012-43 must include the constituents to be monitored if monitoring will not involve all UTS constituents.
 
02/07/1995POLICIES REGARDING SELF-CERTIFICATION OF NON-HAZARDOUS WASTEMemo
 Description: There is no RCRA policy for “self-certifying” that a listed waste is nonhazardous. Listed wastes remain listed and hazardous until delisted. Wastes that will be beneficially recycled may still be a solid and thus a hazardous wastes.
 
02/06/1995REGULATORY STATUS OF ACRYLIC PLASTIC DUSTMemo
 Description: Dust collected in an air filtration system is not a sludge since filtration is intended to recover dust, not control pollution. Collected dust is a spent material. Heating and distillation are considered reclamation processes. The regulatory status of recycled acrylic plastic dust generated from plastic media blasting is discussed. Because a spent material is being reclaimed before use, it is not eligible for the 261.2(e) exclusion.
 
02/06/1995REGULATORY STATUS OF RESIDUAL AVIATION FUELS THAT ARE BURNED FOR ENERGY RECOVERYMemo
 Description: Off-specification fuels (e.g. gasoline, kerosene, jet fuel, diesel) are not a solid waste when burned for energy recovery because they are used for their intended purpose. The manner in which fuels become off-specification generally is not relevant, unless the fuels are mixed with or contaminated by a non-fuel hazardous waste. Many uses as a fuel are legitimate burning for energy recovery.
 
02/01/1995CORRECTIVE ACTION AUTHORITIESQuestion & Answer
 Description: Section 3004(u) corrective action authority is limited to releases from solid waste management units (SWMUs). Releases that do not originate from solid waste management units can be addressed under Sections 3005(c)(3), 3004(v), 3008(h), and 7003.
 
02/01/1995Environmental Fact Sheet: EPA Determines that Ash From Waste-To-Energy Facilities is Subject to Hazardous Waste Regulations Upon Existing the Combustion BuildingPublication
 Description: This fact sheet discusses the U.S. Supreme Court's interpretation of Section 3001(I) of RCRA and provides a statutory determination. The decision designates that a hazardous waste determination should be made when ash exits the combustion building, following the combustion and air pollution control processes. This determination allows facilities to combine bottom ash and fly ash before making a hazardous waste determination.
 
02/01/1995INTERNATIONAL AGREEMENTS AND HAZARDOUS WASTE EXPORT REGULATIONSQuestion & Answer
 Description: If EPA has not promulgated implementing regulations, importers and exporters are not subject to international agreements. Canadian and Mexican bilateral agreements are similar to Part 262, Subpart E, so no regulations are needed. EPA will promulgate regulations implementing the OECD agreement.
 
02/01/1995STATUS OF WWTUS/ENUS AT GENERATOR SITESQuestion & Answer
 Description: Generators treating hazardous waste in an on-site wastewater treatment unit (WWTU) or elementary neutralization unit (ENU) need not comply with Section 262.34 accumulation standards because these units are already exempt from RCRA permitting and TSDF requirements.
 
02/01/1995The National Biennial RCRA Hazardous Waste Report (Based on 1993 Data); Executive SummaryPublication
 Description: This document provides an overview of national hazardous waste generation and management practices.
 
02/01/1995The National Biennial RCRA Hazardous Waste Report (Based on 1993 Data); List of Large Quantity Generators (LQGs) in the United StatesPublication
 Description: This document identifies every hazardous waste generator in the United States that reported itself to be a large quantity generator in 1993.
 
02/01/1995The National Biennial RCRA Hazardous Waste Report (Based on 1993 Data); List of Treatment, Storage, and Disposal Facilities in the United StatesPublication
 Description: This document identifies every hazardous waste manager in the United States that reported itself to be a treatment, storage or disposal facility in 1993.
 
02/01/1995The National Biennial RCRA Hazardous Waste Report (Based on 1993 Data); National AnalysisPublication
 Description: This document presents a detailed look at waste handling practices in the EPA Regions, the States and at the largest facilities in the nation, including quantities of generation, management, shipments and receipts, and interstate imports and exports, as well as counts of generators and managers.
 
02/01/1995The National Biennial RCRA Hazardous Waste Report (Based on 1993 Data); State Detail AnalysisPublication
 Description: This document provides a detailed look at each States's waste handling practices, including overall totals for the largest fifty facilities.
 
01/31/1995THE REGULATORY STATUS OF A DISTILLATE MATERIAL KNOWN AS ""LX-830"" THAT IS DERIVED FROM PETROLEUM AND COAL TAR NAPHTHA FEEDSTOCKSMemo
 Description: A distillate material (LX-830) derived from petroleum and coal tar naptha feedstocks meets the definition of a co-product (i.e., is not a solid waste or hazardous waste). Product specification and the management of LX-830 are determining factors in classifying the material as a co-product, rather than a by-product.
 
01/30/1995INCLUSION OF EMISSIONS FROM OB/OD UNITS IN THE HEALTH RISK ASSESSMENT FOR A CHEMICAL AGENT DISPOSAL FACILITYMemo
 Description: Risk assessment at combustion units should include air emissions from all sources integral to the operation (e.g., storage, blending, handling). Open-burning/ open-detonation (OB/OD) units that are not integral to chemical agent disposal would not need to be included in the risk assessment.
 
01/26/1995CHARACTERIZATION OF WASTE STREAMS FROM POLYMERIC COATING OPERATIONSMemo
 Description: Manufacturing process units may include distillation columns, flotation units, or discharge trays or screens. Rags and wipers can only be defined as listed if they contain a hazardous waste. If a rag or wiper contains a listed waste, it is a hazardous waste via the contained-in policy or it is considered mixed with a listed hazardous waste (SEE ALSO: 2/14/94-01). The final regulatory determination for wipers should be made by the State or Regional office. No test method has been promulgated for spontaneous combustion. A generator is responsible for comparing properties of his/her waste with the narrative definition. The Paint Filter Liquids test is the current test to determine whether a material contains a liquid for the characteristic of ignitability (D001).
 
01/12/1995WOULD REGENERATION EXEMPTION APPLY TO VARIOUS TYPES OF LOCATIONS AT WHICH LEAD-ACID BATTERIES ARE REGENERATED?Memo
 Description: The battery regeneration exemption applies to batteries regenerated at any type of facility. The exemption only covers batteries sent for regeneration. Other types of recycling are subject to Subtitle C regulation. Lead-acid batteries recycled in all ways are covered under Part 266, Subpart G (SUPERSEDED: 261.6(a)(3)(ii) removed, See Part 273 and 60 FR 25535; 5/11/95).
 
01/01/1995Environmental Fact Sheet: Redesigning Hazardous Waste Regulations on RecyclingPublication
 Description: This fact sheet discusses EPA and the states' joint efforts to revise the regulatory definition of solid waste under RCRA. The revisions will simplify the definitions and regulations, and improve EPA's regulation of hazardous waste recycling by removing disincentives that might cause industries to choose disposal over safe recycling, concentrating on higher-risk materials that pose greater hazards to human health.
 
01/01/1995MANIFEST REQUIREMENTS FOR IMPORTED HAZARDOUS WASTEQuestion & Answer
 Description: Multiple parties may be considered importers (TSDF, broker, etc.). When more than one importer exists, they may decide among themselves who will act as the importer and whose ID number will be used. All parties are liable for compliance with RCRA regulations.
 
01/01/1995THE LIQUIDS IN LANDFILLS PROHIBITION AND SORBED FREE LIQUIDSQuestion & Answer
 Description: Wastes which contain free liquids and are containerized may be treated with a nonbiodegradeable sorbent and placed in a landfill. A non- containerized waste containing free liquids must be treated without absorbents before landfilling. Discusses chemical stabilization v. absorption criteria.
 
12/23/1994HAZARDOUS WASTE DETERMINATION OF ""NICKEL MATTE"" BY-PRODUCTMemo
 Description: Nickel matte being reclaimed in China may be solid waste if it will be used in manner constituting disposal. A Basel Convention party may not import Basel-covered waste from non-parties.
 
12/20/1994REGULATORY STATUS OF AN AIR POLLUTION CONTROL DUST THAT IS FED TO AN ELECTROLYTIC METALS RECOVERY PROCESS TO RECOVER ZINC METALMemo
 Description: Baghouse dust (a sludge exhibiting a characteristic) that is fed to an electrolytic metals recovery process is not a solid waste subject to RCRA Subtitle C regulation. Baghouse dust is regulated as a sludge since it is generated from an air pollution control facility.
 
12/19/1994REGULATORY DETERMINATIONS UNDER RCRA ON THE STATUS OF ZINC OXIDE PRODUCED BY AN ELECTRIC ARC STEEL FURNACEMemo
 Description: Incorporating hazardous waste into animal feeds is generally not considered use in a manner constituting disposal. If zinc oxide produced from the recycling of K061 is completely reclaimed, it is a product and is no longer subject to RCRA provided it is not burned for energy recovery or used in a manner constituting disposal. In cases where the zinc oxide will be further refined to make zinc metal, it is a partially reclaimed listed sludge and is still a hazardous waste subject to regulation.
 
12/19/1994UNIVERSAL TREATMENT STANDARDS AUTHORIZATION IMPLICATIONSMemo
 Description: Changes to the land disposal restrictions (LDR) standards due to the new universal treatment standards (UTS) are not immediately effective in states authorized for LDR. The standards for newly listed wastes are immediately effective in all states.
 
12/16/1994BUBBLER CANISTERS CONTAINING PHOSPHOROUS OXYCHLORIDE ARE NOT WASTE WHEN RETURNED TO THE UNITED STATES FROM JAPAN FOR REGENERATIONMemo
 Description: Bubbler canisters containing unused phosphorous oxychloride is a commercial chemical product (CCP) when reclaimed and not solid waste. A partially empty bubbler canister which is recharged by adding new phosphorous oxychloride to residual phosphorous oxychloride left in the bubbler is continued use of a product, not waste. The bubbler canister is not subject to OECD provisions when imported into U.S. for reclamation, because the bubbler canister is not subject to U.S. laws and regulations. Phosphorous oxychloride is highly corrosive and reacts violently with water, and therefore could be a reactive or corrosive characteristic hazardous waste if it is a solid waste. It is inappropriate to discharge untreated phosphorous oxychloride to a wastewater treatment system or to land dispose. Phosphorous oxychloride is hazardous reactive (D003) and possibly corrosive (D002) when discarded. Phosphorous oxychloride can be destroyed through the addition of a sodium hydroxide solution.
 
12/13/1994LE VALT MERCURY-CADMIUM BATTERIESMemo
 Description: Unused batteries sent for reclamation are CCPs being reclaimed, and are not solid wastes. Mercury-cadmium batteries must be treated by thermal recovery. EPA recognizes that most battery recycling technologies in the U.S. are not designed to treat these wastes (SEE ALSO: Part 273).
 
12/13/1994RESPONSE TO COMMENTS ON REENGINEERING RCRA FOR RECYCLINGMemo
 Description: Issues before the Definition of Solid Waste Task Force concerning the hazardous recyclable materials manifest are discussed.
 
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.
 
12/05/1994LAND DISPOSAL RESTRICTIONS WASTE IDENTIFICATION REQUIREMENTS FOR ORGANIC HAZARDOUS WASTESMemo
 Description: If the waste code for a listed waste includes a treatment standard for the constituent that causes waste to exhibit a characteristic, only the listed waste code needs to be identified for purposes of land disposal restrictions (LDR). The treatment standard for the characteristic waste, including requirement to treat for underlying hazardous constituents does not have to be met.
 
12/01/1994ELEMENTARY NEUTRALIZATION UNITS GENERATING AND STORING NON-CORROSIVE HAZARDOUS WASTESQuestion & Answer
 Description: A tank in which corrosive-only (D002) electroplating wastewaters are treated meets the definition of elementary neutralization unit (ENU), even if the treatment process produces an F006 sludge. F006 is subject to regulation once it is removed from the tank.
 
12/01/1994EPINEPHRINE RESIDUE IN A SYRINGE IS NOT P042Question & Answer
 Description: Epinephrine in a syringe discarded after use is not P042. EPA considers residues remaining in dispensing instrument to have been used for their intended purpose.
 
12/01/1994Native American Network: A RCRA Information Exchange (Issue #6) (Fall/Winter 1994)Publication
 Description: This issue of the Native American Network highlights EPA Administrator Carol Browner's speech at the Second National Tribal Conference on Environmental Management. Articles cover the new American Indian Environmental Office and its Director, EPA assistance to the Navajo-Zuni cooperative recycling project, proposed rules for tribal authority over air resources and RCRA Subtitle C authorization for tribes, and the Bethel (Alaska) Recycling Project. This issue also includes informational inserts on the definition of a hazardous waste under subtitle C of RCRA and funding tribal hazardous waste programs.
 
12/01/1994NOTIFICATION REQUIREMENTS FOR EXPORTED WASTESQuestion & Answer
 Description: Export regulations apply only to hazardous wastes that are subject to manifest requirements. Generators of wastes which are nonhazardous in the U.S. but hazardous in the exporting country do not need to notify EPA of the export.
 
11/28/1994COMMENTS ON NRC’S FINAL RULE AMENDING NRC IMPORT/EXPORT REGULATIONSMemo
 Description: The Basel Convention currently prohibits the movement of hazardous or mixed waste between the U.S. and any nation party to the Convention, unless a pre-existing agreement between the countries exists. Basel Convention restrictions extend to wastes destined for certain types of recycling.
 
11/23/1994APPLICABILITY OF RCRA REGULATIONS REGARDING LARGE QUANTITY GENERATORS, TO THE VETERANS AFFAIRS MEDICAL CENTERMemo
 Description: A generator who generates less than 100 kg of hazardous waste and more than 1000 kg of state regulated medical waste would not lose conditionally exempt small quantity generator (CESQG) status under federal law. State regulations may be broader in scope and facilities must comply (SEE ALSO: 60 FR 33912; 6/29/95).
 
11/15/1994APPLICABILITY OF RCRA REGULATIONS TO A PROPOSED FUMING/GASIFICATION UNITMemo
 Description: Discusses the regulatory status of a fuming/gasification (plasma arc) unit as an incinerator, industrial furnace, or miscellaneous unit. Clarifies devices versus process trains (SEE ALSO RPC# 7/29/94- 01). If the process train meets the industrial furnace definition, it may be conditionally exempt under Section 266.100(c) (SEE ALSO: 61 FR 17358; 4/19/96). The Draft Waste Minimization and Combustion Strategy does not apply to combustion facilities that handle only remediation wastes.
 
11/15/1994The Waste Minimization National PlanPublication
 Description: This document outlines EPA's major goals, objectives, and actions for achieving national reductions in the generation of hazardous waste. The appendices include definitions of terms, examples of successful waste minimization actions, and supplemental actions EPA is investigating. The addendum addresses the application of the waste minimization national plan to the combustion universe.
 
11/15/1994VARIANCES FROM CLASSIFICATION AS A SOLID WASTE UNDER 40 CFR 260.31(B) FOR SPENT CATALYSTSMemo
 Description: Wastes subject to a variance for secondary materials that are reclaimed and reused within original production process in which generated are not subject to RCRA even if they are burned or incinerated. Provides the criteria or conditions that an applicant must meet to be eligible for a variance. The Agency can weigh criteria differently and add factors (SEE ALSO: Section 261.4(a)(8)).
 
11/10/1994CLARIFICATION OF HOW PROVISIONS IN CERCLA APPLY TO ""SERVICE STATION DEALERS"" THAT HANDLE USED OILMemo
 Description: Clarification of the exemption from CERCLA liability for service station dealers (SSDs) is provided. Fast lube services are eligible for the SSD exemption if they accept Do-It-Yourself (DIY) oil and receive significant income from vehicle maintenance. The SSD exemption applies to both DIY used oil and used oil from customer vehicles. The 279 used oil standards apply to all used oil that is destined for recycling. EPA presumes that used oil will be recycled unless it is being disposed of, or being transported or stored prior to disposal.
 
11/09/1994DETERMINATION REGARDING THE REGULATORY STATUS OF A WASTE RECLAMATION SYSTEMMemo
 Description: Secondary materials used as ingredients to produce products are excluded from the definition of solid waste at the point of generation, provided they are not used in a manner constituting disposal, used to produce a fuel, or accumulated speculatively. Whether a waste is reclaimed or used as an ingredient is case-specific. Waste-derived products that are used in a manner constituting disposal are subject to 266 Subpart C. Waste-derived products that are burned as fuels are subject to 266 Subpart H.
 
11/09/1994RESPONSE TO A REQUEST FOR MODIFICATION OF 40 CFR PART 262 REGARDING TRANSPORTATION OF RECYCLABLE HAZARDOUS WASTESMemo
 Description: EPA is considering new regulations for tracking hazardous wastes destined for recycling since the Definition of Solid Waste Task Force identified high transportation costs for transporters using the Uniform Hazardous Waste Manifest.
 
11/08/1994REGULATORY INTERPRETATIONS UNDER RCRA CONCERNING CERTAIN FUEL BLENDING SCENARIOSMemo
 Description: The 1991 BIF rules superseded the sham recycling policy for hazardous waste fuels, so an as-generated heating value no longer affects the legality of fuel blending prior to burning in BIFs, but it may affect the status of the product created in a BIF. If fuels with low heating values are burned, cement may be considered a waste-derived product and subject to hazardous waste regulation if it is destined for land placement, unless the facility demonstrates legitimate energy recovery. If gravity separates hazardous waste fuel into aqueous and organic phases during storage, mixing the phases together again is not treatment. Decanting the two phases or portions of fuel is treatment.
 
11/04/1994MINIMUM HEAT CONTENT REQUIREMENTS OF WASTE-DERIVED FUEL BLENDED FOR ENERGY RECOVERY IN BIFSMemo
 Description: Blending of hazardous waste to increase the heating value for use as a fuel is not prohibited. Hazardous waste with a heating value of less than 5000 Btu/lb is burned for destruction, not for energy recovery. The resulting cement or aggregate is a waste-derived product subject to hazardous waste regulation unless the facility documents a legitimate energy contribution of the low Btu fuel (SEE ALSO: RPC# 5/20/94-01).
 
11/04/1994RCRA REGULATION OF UNIVERSITY LABORATORIESMemo
 Description: University buildings separated by city blocks or divided by public roads are individual generation sites, each requiring separate EPA ID numbers and manifests for the exchange of hazardous waste (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; 2/12/97). If access between buildings is possible without traveling along a public road, the university is one site, and only one EPA ID number is needed.
 
11/03/1994CLARIFICATION OF DISCARDED AMMUNITION OF 0.50 CALIBERMemo
 Description: Small arms ball ammunition up to and including .50 caliber are not reactive (D003) but may be hazardous for another characteristic. Popping furnaces are incinerators. Popping furnaces treating small arms ball ammunition that exhibit a characteristic are subject to RCRA as incinerators.
 
11/01/1994Commercial Hazardous Waste Incinerators (as of November 1, 1994)Publication
 Description: Lists 20 commercial hazardous waste incinerator facilities operating on November 1, 1994, and nine commercial hazardous waste incinerator facilities not operating on November 1, 1994 and four commercial hazardous waste incinerator facilities with permit applications pending. Includes facility name and location.
 
11/01/1994DELISTING PETITIONS FOR HAZARDOUS WASTES FROM THE PETROLEUM INDUSTRYQuestion & Answer
 Description: Discusses the history of the “petroleum list” and the “Skinner List” used in delisting hazardous wastes from petroleum industry. Due to generator-specific nature of delisting, other constituents may need to be addressed.
 
11/01/1994Environmental Fact Sheet: EPA Releases RCRA Hazardous Waste Minimization National PlanPublication
 Description: This fact sheet announces the release of EPA's final Hazardous Waste Minimization National Plan. The Plan sets national goals for reducing constituents in hazardous waste that are persistent, bioaccumulative, and toxic. The Plan consists of five national objectives: (1) development of a framework for setting national priorities; (2) promotion of multimedia environmental benefits and prevention of cross media transfers; (3) demonstration of a strong preference for source reduction; (4) clear definition and tracking of progress, promoting accountability for EPA, states, and industry; and (5) involvement of citizens in waste minimization implementation decisions.
 
11/01/1994Permit Process Steps: For Interim Status Hazardous Waste Combustion Facilities and for New Hazardous Waste Combustion FacilitiesPublication
 Description: This document presents the proposed requirements from the RCRA Expanded Public Participation and Revisions to Combustion Permitting Procedures Rule. The proposed steps for interim status hazardous waste combustion facilities include: a preapplication meeting, submission of Part A and Part B permit applications, an application notice, review of the application, establishment of an information repository, trial burn notice, trial burn, trial burn analysis and review, preparation of the draft permit determination, public comment on the draft permit determination, permit determination, permit appeal, and judicial appeal.
 
11/01/1994REGENERATION VERSUS RECLAMATION FOR SPENT LEAD-ACID BATTERIESQuestion & Answer
 Description: Spent lead-acid batteries returned to a battery manufacturer for regeneration are not subject to Subpart G of Part 266, nor to any other Subtitle C regulations. Battery regeneration is similar to recycling of a commercial chemical product (CCP). (SUPERSEDED: Section 261.6(a)(3)(ii) removed, See Part 273 and 60 FR 25535; 5/11/95)
 
11/01/1994Statement of Michael Shapiro, Director of the Office of Solid Waste: Strategy for Hazardous Waste Minimization and CombustionPublication
 Description: This document announces EPA's Strategy for Hazardous Waste Minimization and Combustion. It discusses the role of waste minimization in the RCRA hazardous waste management program and addresses the role of combustion; presents EPA's views on expanded public involvement in the RCRA decision-making process, the need for strong compliance and enforcement, and the role of risk assessment in the permitting of hazardous waste combustion facilities; and highlights the strategic directions developed by EPA through an extensive and open process to solicit views from all affected parties.
 
11/01/1994Status of Rulemaking on Emissions Standards and ControlsPublication
 Description: This document addresses the upgrading of emissions standards controls for hazardous waste combustors (HWCs) and concerns with existing controls; describes promulgation under joint RCRA and Clean Air Act (CAA) authorities; and discusses the hazardous air pollutants (HAPs) to be regulated, enhanced monitoring, and progress to date.
 
11/01/1994Universe of Hazardous Waste Combustion Facilities (as of November 1, 1994)Publication
 Description: This fact sheet presents EPA's current statistics on the permitting status of incinerators and boilers and industrial furnaces.
 
11/01/1994Update on Implementation of the Hazardous Waste Minimization and Combustion StrategyPublication
 Description: This document details the status of individual projects implementing the goals and commitments of the Draft Strategy on Hazardous Waste Minimization and Combustion in chart form and identifies future objectives.
 
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.
 
10/27/1994REGULATORY STATUS OF INDUSTRIAL WIPERS UNDER RCRAMemo
 Description: The EPA Headquarters deferral on the determination of the regulatory status of rags and wipers to the appropriate Region or State implementing agency (SEE ALSO: RPC# 2/14/94-01) is discussed.
 
10/24/1994DETERMINATION OF EQUIVALENT TREATMENT (DET) FOR 8 OF THE WASTE CODES FROM A TOLUENE DIISOCYANATE (TDI) TREATABILITY GROUPMemo
 Description: The catalytic extraction processing and compliance with universal treatment standards (UTS) for metals is equivalent to best demonstrated available technology (BDAT) of incineration or combustion for toluene diisocyanate waste (K027, K112, K114, K115, K116, U221, U223). K111 has a land disposal restrictions (LDR) concentration based standard, not technology, and thus is not eligible for an equivalent treatment variance.
 
10/17/1994REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Fuel blenders are subject to 268.7(b) LDR notification and certification. Fuel blending is not exempt from permitting, unless it is done at a generator site in a 262.34 accumulation unit. Fuel blending at a transfer facility is treatment and requires a permit. Most fuel blending units are permitted as tanks or miscellaneous units. Fuel blenders are subject to the air emissions standards (SEE ALSO: RPC# 12/5/94-01; 59 FR 62896; 12/6/94). Thermal treatment units are not eligible for the 262.34 permit exemption. Recycling units at facilities with other permitted units are subject to the air emissions standards (SEE ALSO: 62 FR 25997; 5/12/97). Generators who send waste off-site to a burner are subject to LDR notification. Cement or light-weight aggregate kiln produced by a Bevill device burning both hazardous waste and Bevill-exempt wastes may be exempt from land disposal restrictions (LDR) treatment standards when used in a manner constituting disposal if the residues pass the significantly affected test in 266.112. If neither the products nor the residues are subject to the LDR treatment standards, the original generator's waste is not prohibited from land disposal, and is subject only to 268.7(a)(6) (SEE ALSO: 62 FR 25997; 5/12/97).
 
10/17/1994Regulation of Fuel Blending and Related Treatment and Storage Activities MemoPublication
 Description: This document addresses questions about the regulatory status of hazardous waste fuel blending activities, such as the permit requirements, appropriate unit standards, air emission standards, requirements for transfer facilities, and land disposal restrictions for generators and fuel blending facilities.
 
10/12/1994CLARIFICATION ON WHETHER OR NOT A LABORATORY MUST USE THE ""SW-846 'A' ORGANIC METHODS"" WHICH WERE RECENTLY PROMULGATEDMemo
 Description: Any reliable analytical test method may be used to meet the requirements of Parts 260 through 270 which do not require the use of a specific method or application. Chapter 2 of SW-846 allows flexibility in using SW-846 methods.
 
10/07/1994ABILITY TO PASS THE RCRA FINANCIAL TEST FOR ENVIRONMENTAL OBLIGATIONSMemo
 Description: A firm may use the delayed recognition method for RCRA financial test even though it uses the immediate recognition method in accounting for purposes of SEC compliance. A firm’s Chief Financial Officer (CFO) may sign the certification.
 
10/07/1994PROCESSING LEAD ABATEMENT DEBRIS TO MEET HAZARDOUS WASTE RECYCLER'S SPECIFICATIONS IS NOT ""TREATMENT"" AS DEFINED IN 40 CFR 260.10Memo
 Description: Processing (cutting, chopping, shredding, or grinding) of lead-based paint (LBP) waste is treatment, but it is not subject to regulation if it is part of legitimate recycling. The storage of hazardous waste lead-based paint before or after exempt processing is regulated. Recycling is an exempt form of hazardous waste treatment.
 
10/06/1994CLARIFICATION OF CERTAIN ASPECTS OF 40 CFR 268 DEBRIS REGULATIONSMemo
 Description: Discusses the definition of debris. For mixtures of debris and non-debris material, EPA has not defined primarily. A mixture is defined as debris if the volume of debris is greater than each of the other components or if the volume is at least 50 percent of the mixture of two components. Deliberate mixing of debris with other waste to meet the definition is impermissible dilution. Discusses land disposal restrictions (LDR) and state authorization.
 
10/05/1994INTERPRETATION REGARDING THE REGULATORY STATUS OF SILVER RECOVERY UNITS UNDER RCRA REGULATIONSMemo
 Description: If a silver recovery unit that is used to treat wastewater qualifies as a characteristic sludge, it is not a solid waste when destined for reclamation. Materials generated from wastewater treatment are sludges, even if the treatment is not undertaken to meet any discharge requirements. Metals suitable for direct reuse, or that only need minor refining to be usable, are products (e.g., silver flake that is 98% pure refined to 99.99% pure).
 
10/04/1994REGULATORY REQUIREMENTS APPLICABLE TO TWO WASTE STREAMS THAT WOULD BE BILAYERED THROUGH PHASE SEPARATION AT A LICENSED TSDFMemo
 Description: An aqueous phase separated from bilayered ignitable (D001) high total organic carbon (TOC) waste is a different waste and need not be combusted. The aqueous phase may be sent to wastewater treatment. Discusses phase separation and change in treatability group.
 
10/01/1994REGULATORY STATUS OF METALS RECOVERY UNDER RCRAQuestion & Answer
 Description: Lead and nickel-chromium furnaces, and metal recovery furnaces that burn certain baghouse bags are metal recovery units engaged in precious metals recovery and are conditionally exempt from BIF rules. Prior management of precious metals is subject to Part 266, Subpart F. Owners of BIFs that burn hazardous wastes solely for metal recovery are exempt from most BIF regulation. There are three criteria to determine if hazardous waste is processed solely for metal recovery.
 
09/29/1994APPLICABILITY OF CERCLA TO MERCURY-CONTAINING LAMPS AND PCB-CONTAINING BALLASTSMemo
 Description: Disposal of fluorescent lamps in a hazardous waste landfill is exempt from CERCLA reporting, but not from CERCLA liability or response provisions. The disposal of fluorescent lamps or ballasts in a Subtitle D landfill or a TSCA landfill is not exempt from CERCLA release reporting requirements.
 
09/28/1994APPLICABILITY OF USED OIL MANAGEMENT STANDARDS TO ACTIVITIES INVOLVING SEPARATION OF USED OIL FROM SORBENT MATERIALSMemo
 Description: Generators who separate used oil from sorbent materials are not processors provided the used oil is not sent directly off-site to a used oil burner. On-site burning of used oil from incidental processing activities is allowed.
 
09/28/1994CLARIFICATION ON WHEN USED MERCURY RELAYS/SWITCHES BECOME SPENTMemo
 Description: Mercury switches taken out of service and reclaimed are spent materials and solid wastes (SW). Sending a mercury switch for further use as a relay or switch is the continued use of a product. The actual management of a material rather than the potential of a material for a particular end use determines if it is a SW. Whether a switch is spent or directly reusable is determined when it is removed from service. Out-of-date drugs are off-specification CCPs and not a SW when returned to the pharmaceutical manufacturer for reclamation. Persons may petition to include switches/relays as a universal waste (SEE ALSO: 70 FR 45508; 8/5/05).
 
09/28/1994CLARIFICATION ON: MANIFEST DOCUMENT NUMBER; F003, F005, D001; WASTE DESTINED FOR RECYCLING; AND TREATMENT STANDARDS FOR CFCMemo
 Description: F003 and F005 waste exhibiting ignitability must carry a notification for and meet the D001 treatment standard (TS), since F003/F005 does not operate in lieu of D001 (SEE ALSO: 55 FR 22520, 22530; 6/1/90) (USE WITH CAUTION: see RPC# 3/1/94-02). The TS for chlorinated fluorocarbons (CFC) is discussed. A CFC waste may be subject to the California list prohibition for halogenated organic compounds (HOC) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97) (SEE ALSO: RPC# 5/16/91-01). Materials that are not a solid waste (SW) when recycled are exempt even if shipped to a recycler via a TSDF. Scrap metal is both a SW and is hazardous, but is exempt if recycled. The legitimacy of recycling must be documented. Use of manifest continuation sheets is outlined.
 
09/28/1994CLARIFICATION 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.
 
09/21/1994APPLICABILITY OF F006 HAZARDOUS WASTE CODE TO NICKEL RECLAMATION PROCESS FOR ELECTROLESS NICKEL PLATING SPENT SOLUTIONSMemo
 Description: Electroless plating is not covered by the F006 listing. Spent electroless nickel solutions may be hazardous waste if mixed with a listed hazardous waste, if derived from a listed hazardous waste, or if they exhibit a characteristic. Because the scrap metal definition is based on physical form, the determination of whether nickel-plated steel wool generated during nickel-recovery is scrap metal should be made by the State or Regional office.
 
09/19/1994CLARIFICATION ABOUT THE SCOPE OF EPA'S ADMINISTRATIVE STAY FOR A PORTION OF THE K069 HAZARDOUS WASTE LISTINGMemo
 Description: The K069 listing does not apply to secondary acid scrubber wastes, including calcium sulfate sludge from secondary lead smelting, during the administrative stay. The stay remains in effect until 30 days after the future rulemaking clarifying the scope of the K069 listing.
 
09/19/1994REGULATORY DETERMINATION OF THE PRIMER NEUTRALIZATION UNIT ""POPPING FURNACE""Memo
 Description: Burning hazardous waste in an incinerator is not exempt recycling, but rather is incineration regulated under Parts 264 or 265, even if some energy or material recovery occurs. Demilitarization and munitions popping furnaces are regulated as incinerators. Controlled flame combustion units burning hazardous waste are boilers, industrial furnaces, or incinerators.
 
09/15/1994National Biennial RCRA Hazardous Waste Report (Based on 1991 Data) (Complete Set)Publication
 Description: Presents a detailed census based on hazardous waste reports that are filed by generators and managers of RCRA hazardous waste. Reports on RCRA hazardous waste generation and management, as well as interstate transport of hazardous waste.
 
09/15/1994National Biennial RCRA Hazardous Waste Report (Based on 1991 Data): Executive SummaryPublication
 Description: Provides an overview of national hazardous waste generation and management practices, based on EPA's 1991 biennial report. Includes tables showing quantity of RCRA hazardous waste generated and number of hazardous waste generators by state and quantity of RCRA hazardous waste managed and number of treatment, storage, and disposal facilities by state.
 
09/15/1994National Biennial RCRA Hazardous Waste Report (Based on 1991 Data): List of Treatment, Storage, and Disposal Facilities in the United StatesPublication
 Description: Lists treatment, storage, and disposal facilities, as identified by EPA's 1991 biennial report. Lists facilities by state. Includes a facility's EPA identification number, name, location, and RCRA tons managed.
 
09/15/1994National Biennial RCRA Hazardous Waste Report (Based on 1991 Data): National AnalysisPublication
 Description: Analyzes the generation, management, and final disposition of RCRA hazardous wastes, as reported in EPA's 1991 biennial report. Includes waste generation, waste management, shipments and receipts, and imports and exports. Appendices contain system type codes and EPA hazardous waste codes.
 
09/15/1994National Biennial RCRA Hazardous Waste Report (Based on 1991 Data): State Detail AnalysisPublication
 Description: Provides a detailed look at waste handling in EPA regions, states, and at the largest facilities in the nation. Includes quantities of generation, management, shipments and receipts, and interstate imports and exports of RCRA hazardous wastes.
 
09/15/1994National Biennial RCRA Hazardous Waste Report (Based on 1991 Data): State Summary AnalysisPublication
 Description: Provides two-page overviews of RCRA hazardous waste generation and management practices of individual states, as reported in EPA's 1991 biennial report. Includes total number of large quantity generators; total quantity of RCRA hazardous waste generated (tons); 10 largest RCRA hazardous waste generators and quantity generated in 1991 with locations on a map; quantity of generated waste (tons) that was only a characteristic waste, only a listed waste, or both; 10 largest RCRA hazardous waste managers and quantity managed (tons) in 1991 with location on a map; top management method; and imports and exports.
 
09/14/1994EXPORT FROM JAPAN OF PHOSPHORUS OXYCHLORIDE CONTAINING BUBBLERSMemo
 Description: The purity of phosphorus oxychloride remaining in a bubbler canister indicates that the phosphorus oxychloride is unused. Therefore, the bubbler canister qualifies as a CCP being reclaimed and is not a solid waste.
 
09/12/1994CLARIFICATION OF THE REBUTTABLE PRESUMPTION PROVISIONS CONTAINED IN THE RECYCLED USED OIL MANAGEMENT STANDARDSMemo
 Description: Documentation that a used oil contains halogens in excess of 1,000 ppm due to the unintentional mixing with residuals from "RCRA empty" containers is sufficient to rebut hazardous waste presumption.
 
09/12/1994RESPONSE TO REQUEST FOR NO OBJECTION TO IMPORT OF IRON CATALYSTMemo
 Description: No regulatory restrictions exist on importing secondary materials not meeting the U.S. definition of hazardous waste, provided the exporting nation also does not consider the material to be hazardous. The Basel Convention prohibits the transfer of hazardous waste between parties and non-parties, unless a separate agreement exists.
 
09/02/1994APPLICABILITY OF A PROPOSED HAZARDOUS WASTE REGULATION TO CERTAIN DOE RADIOACTIVE MIXED WASTESMemo
 Description: One or more safety devices that is vented directly to the atmosphere may be used on a container. A safety device should not be used for planned or routine venting, and must remain in a closed sealed position, except in an unplanned event (SUPERSEDED: see 59 FR 62896, 62903; December 6, 1994).
 
09/01/1994CONTAINMENT BUILDINGS AS GENERATOR ACCUMULATION UNITSQuestion & Answer
 Description: Small quantity generators (SQGs) who accumulate waste in a containment building without a permit are subject to the more stringent standards of Section 262.34(a), including the 90 day time limit. SQGs who accumulate under Section 262.34(d) are limited to the use of tanks and containers.
 
09/01/1994PERMIT APPLICATION AND RENEWALQuestion & Answer
 Description: Both Part A and Part B of the permit application must be submitted to obtain the original permit and renew the expired permit. A facility may continue to operate after their permit expires if the owner/operator submits a revised application 180 days prior to the expiration date. Discusses the content of a Part B for renewal.
 
09/01/1994USED OIL STORAGE TANK BOTTOMS: HAZARDOUS WASTE OR USED OIL WHEN BURNED FOR ENERGY RECOVERYQuestion & Answer
 Description: Residues or sludges resulting from the storage, processing, or re-refining of used oil are considered used oil when they are recycled by being burned for energy recovery, even if they exhibit a characteristic of hazardous waste.
 
08/30/1994REGULATORY STATUS OF HIGH PURITY CHEMICALS THAT ARE INITIALLY USED BY CUSTOMERS AND THEN SOLD TO OTHER BUSINESSES FOR FURTHER USEMemo
 Description: The definition of a spent material does not include materials reused for their original purpose, provided the materials are not reclaimed or reprocessed prior to reuse. The determining factor is not whether the material is marketable, but whether it is reused in a manner consistent with its original use without prior reclamation.
 
08/19/1994CLARIFICATION OF CERTAIN FINANCIAL ASSURANCE REQUIREMENTS APPLICABLE TO PERMITTED HAZARDOUS WASTE FACILITIES UNDER RCRAMemo
 Description: Changes in the financial assurance mechanisms which are not specifically identified in the permit do not require a permit modification.
 
08/19/1994REGULATORY DETERMINATION ON THE STATUS OF A LEAD/COPPER METAL PRODUCED BY METALS RECYCLING TECHNOLOGIES (MRT)Memo
 Description: Hazardous secondary materials sent for thermal treatment at smelters remain hazardous waste until reclamation is complete. Materials that have been reclaimed are not wastes. Metal-bearing material that is 92-99% pure and only needs refining prior to use is considered fully reclaimed. A person who claims that a secondary material is not a solid waste is subject to the 261.2(f) documentation requirement.
 
08/18/1994REGULATORY STATUS OF MUNICIPAL WASTE COMBUSTOR ASH FROM COMBUSTOR THAT BURNS ONLY HOUSEHOLD HAZARDOUS WASTE AND DOES NOT RECOVER ENERGYMemo
 Description: Ash from municipal waste combustors that do not recover energy and that burn only household waste is exempt household hazardous waste (HHW). Ash from resource recovery facilities that burn commercial waste is not exempt. Ash from combustors that burn other wastes in addition to HHW is not exempt (SUPERSEDED: see 60 FR 6666; 2/3/95).
 
08/17/1994ALTERNATIVE METALS ANALYSIS FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: There is no regulatory requirement to analyze metal emissions from incinerators, which is in contrast to the boiler and industrial furnace (BIF) standards. Inductively coupled plasma/mass spectroscopy (ICP/MS) may be an alternative to inductively coupled plasma/optical emission spectroscopy (ICP/OES) for incinerators (SEE ALSO: 61 FR 17358; April 19, 1996).
 
08/17/1994STORAGE OF HAZARDOUS WASTE AT TRANSFER FACILITIES AND THE AUTHORIZATION OF STATES REGULATING THIS STORAGEMemo
 Description: The use of multiple transfer facilities is not prohibited nor is the total number of days spent at all the transfer facilities limited to 10. There is no formal definition of normal course of transportation, it is case-by-case determination. Discusses the DOT Hazardous Materials Transportation Act preemption process versus RCRA state authorization. Different states may have individual interpretations of the transfer facility standards.
 
08/15/1994Environmental Fact Sheet: Certain Hazardous Waste Slag Uses Now Subject to RegulationPublication
 Description: This fact sheet discusses regulations that prohibits anti skid/deicing uses of high-temperature metal recovery (HTMR) slag residues derived from hazardous wastes K061, K062, and F006, as waste-derived products placed on the land. The rule does not prohibit this use when these wastes comply with all federal requirements for the land disposal of hazardous waste and does not prohibit other uses of HTMR slags that comply with EPA requirements.
 
08/15/1994Environmental Fact Sheet: EPA Simplifies Land Disposal Restrictions by Establishing a Set of Universal Treatment Standards, and Finalizes Treatment Standards for 42 Newly Listed and Identified WastesPublication
 Description: This fact sheet discusses the promulgation of a set of universal treatment standards for more than 200 constituents in an effort to simplify the land disposal restrictions (LDR) program. The rule also finalizes LDR treatment standards for 42 newly listed or identified wastes, including coke by-product wastes, chlorotoluene wastes, and organic toxicity characteristic (TC) wastes, and promulgates regulations requiring TC pesticide and highly concentrated ignitable wastes be treated and not merely diluted prior to injection in Class I nonhazardous deep injection wells. The fact sheet includes a table of regulated hazardous organic constituents, wastewater concentration total composition (mg/L), and nonwastewater concentration total composition (mg/L).
 
08/11/1994CLARIFICATION REGARDING THE HAZARDOUS WASTE SAMPLE EXCLUSION FOUND IN 40 CFR 261.4(D)Memo
 Description: Under the 261.4(d) exclusion, a testing facility may store samples for a legitimate purpose after the completion of analysis.
 
08/09/1994COMMENTS ON STRAWMAN PROPOSAL REGARDING CUSTOMS MODERNIZATION ACTMemo
 Description: All imports and exports of hazardous waste arriving at a Customs port must be accompanied by a hazardous waste manifest. EPA Acknowledgement of Consent must accompany hazardous waste exports. Under a Memorandum of Understanding (MOU) between EPA and the U.S. Customs Service, the U.S. Customs Service collects the manifest from the exporter and transmits it to EPA.
 
08/05/1994SALE AND SCRAPPING OF DOT'S MARITIME OBSOLETE VESSELS FROM THE NATIONAL DEFENSE RESERVE FLEETMemo
 Description: Purchasers of ships to be scrapped and sold abroad must determine when export rules apply. Vessels destined for scrap as well as any materials necessary for operating the ship are not discarded while the vessel remains intact because those materials continue to serve a useful purpose. Removal of a material from a ship's structure that is intended for discard is the point of generation. Section 106(a) of the Federal Facilities Compliance Act (FFCA) prohibits the storage of hazardous waste on a public vessel for longer than 90 days after the vessel is placed in reserve or is no longer in service without a RCRA storage permit. Materials from a dismantled ship that are to be recycled may be scrap metal.
 
08/02/1994CLASSIFICATION OF WASTEWATER TREATMENT SLUDGE FROM THE REVISED ""ZINC-COBALT ALLOY PLATING ON CARBON STEEL"" PROCESSMemo
 Description: The exclusion from the F006 listing for zinc plating on carbon steel applies even if zinc-cobalt alloy is used instead of just zinc.
 
08/01/1994UNUSED FORMULATIONS CONTAINING SODIUM PENTACHLOROPHENATE ARE F027Question & Answer
 Description: Sodium pentachlorophenate is a compound derived from pentachlorophenol (PCP) and therefore meets the F027 listing when discarded unused.
 
07/29/1994CLARIFICATION REGARDING SINGLE EMISSION POINT, MULTI-DEVICE COMBUSTION FACILITIESMemo
 Description: Provides clarification of operating and permit conditions for connected combustion units, like incinerators and BIFs, with a single emission point. When regulations conflict, preference is given to the more stringent or more technically appropriate standards. The RCRA Section 3005(c)(3) omnibus provisions may be appropriate. Units receive permits, or interim status, individually. Discusses the definition of a boiler. The industrial furnace definition applies to combustion units on a device-by-device basis (precalciner exception). Plasma arc and infrared units are incinerators when they have afterburners and miscellaneous units when they do not. A hazardous-waste fired afterburner is an incinerator.
 
07/29/1994RCRIS CORRECTIVE ACTION ENVIRONMENTAL INDICATOR EVENT CODES CA725 AND CA750Memo
 Description: Provides definitions of Resource Conservation and Recovery Information System (RCRIS) corrective action indicator event codes CA725 (human exposures controlled determination) and CA750 (groundwater releases controlled determination). Environmental Indicator event codes are used to measure the environmental results of remediation activities (SUPERSEDED: See RPC#2/5/99-01).
 
07/29/1994REGULATORY STATUS OF NATURAL GAS REGULATORS THAT CONTAIN MERCURY UNDER RCRAMemo
 Description: Natural gas regulators that contain mercury are best classified as spent materials. Spent materials are solid wastes when sent for reclamation. Any quantity of liquid mercury, other than trace amounts attached to a material, precludes a waste’s designation as scrap metal. The waste may qualify as scrap metal once the mercury has been removed.
 
07/26/1994DETERMINATION ON THE LEGALITY AND APPROPRIATENESS OF USING INCINERATION FOR TWO P078 WASTE STREAMSMemo
 Description: The land disposal restrictions (LDR) treatment standard for P078 is ADGAS. Liquid P078 absorbed onto debris or into a rinsate liquid meets the standard. An equivalent method variance is not necessary in such cases. Residues from incineration are subject to the treatment standards.
 
07/26/1994FINAL 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).
 
07/25/1994CLARIFICATION OF CERTAIN CLOSURE COST ESTIMATE REQUIREMENTS APPLICABLE TO FACILITIES SEEKING A PERMIT UNDER 40 CFR 264Memo
 Description: Closure cost estimates must equal the cost of closing a facility at the point where closure would be the most expensive. Salvage value for waste, equipment, land, assets, or zero cost for hazardous and nonhazardous wastes may not be used in the estimate. A third party is a party who is neither a parent or subsidiary corporation.
 
07/22/1994REGULATION OF SURFACE IMPOUNDMENTS UNDER THE SEPTEMBER 10, 1992 RECYCLED USED OIL MANAGEMENT STANDARDSMemo
 Description: The de minimis used oil exemption does not apply to used oil intentionally introduced into a wastewater treatment system. Surface impoundments managing used oil must operate under RCRA Subtitle C permits or interim status.
 
07/21/1994CLARIFICATION: IS A FACILITY THAT HAS A ""PRIMARY PURPOSE"" OF BURNING HAZARDOUS WASTE FOR DESTRUCTION SUBJECT TO RCRA REGULATIONS?Memo
 Description: Solid waste includes materials that are abandoned by being burned or incinerated. Discusses the history of the incinerator and BIF rules. The BIF rules apply even to BIFs burning hazardous waste (HW) for destruction. A facility with the “primary purpose” of burning HW for destruction is an incinerator. A test to determine whether a device is a BIF is in definition at Section 260.10. The revenue of a facility for treatment versus recycling is not sole factor in identifying the unit, but is factor in determining whether the activity is destruction, or legitimate or sham recycling. Delisting is not a prerequisite to use the Section 266.20 use in manner constituting disposal exemption. Section 266.20 only applies to to legitimate products derived from hazardous waste, not to hazardous waste residues that are merely claimed to be products. HSWA requires that facilities should conduct proper hazardous waste management in order to protect the environment and to achieve the ultimate goals of waste minimization and the reduction of land disposal.
 
07/21/1994REGULATORY INTERPRETATION FOR ION EXCHANGE RESIN USED FOR WATER REUSE ON ELECTROPLATING WASTEWATERSMemo
 Description: The sludge definition is tied to the type of unit in which a waste is generated, not the disposition of the treated effluent or the intent of processing. Ion exchange resin used to filter electroplating wastewater is F006 regardless of whether it exhibits a hazardous characteristic. The act of filtering contaminants from wastewater is pollution control and generates a sludge, even if the intent is to reclaim the wastewater for reuse in a production process.
 
07/20/1994EXCLUSION FROM RCRA REGULATION FOR SECONDARY MATERIALS USED OR REUSED DIRECTLY AS INGREDIENTS IN AN INDUSTRIAL PROCESSMemo
 Description: The heating value of a secondary material inserted in a sulfuric acid regeneration furnace determines if the activity is excluded use or reuse, or burning for energy recovery subject to Part 266, Subpart H. Generally, waste with a heating value at or above 5000 Btu/lb is considered burned as fuel. Hazardous waste burned in a BIF for metals recovery is exempt under 266.100(c) only if the device burns the waste exclusively for metals recovery and not partially for destruction or energy recovery. A secondary material with high sulfur content burned in a sulfuric acid regeneration furnace is not eligible for the 261.4(a)(7) exclusion because the secondary material in question is not spent sulfuric acid.
 
07/19/1994INTERPRETATION OF THE REPORTING REQUIREMENTS OF 40 CFR 270.30(1)(10)Memo
 Description: The obligation to report non-compliance does not apply to insignificant recordkeeping violations that are one-time occurrences immediately corrected. Repeated violations do constitute a reportable non-compliance. When in doubt, a facility should report non-compliance. Violations of waste handling, disposal prohibitions, and facility safety should be reported, even if insignificant.
 
07/18/1994WASTE MINIMIZATION REQUIREMENTS OF SECTION 3002(B) OF RCRA FOR HAZARDOUS WASTE DISPOSAL FACILITIESMemo
 Description: The 3005(h) waste minimization and certification requirements apply to an owner of a landfill that generates and has a RCRA Subtitle C treatment permit for F039 leachate. If the owner is a large quantity generator (LQG) and sends the waste off-site, the owner is also subject to the 3002(b) waste minimization requirements. There is no statutory exemption from waste minimization certification for facilities generating remedial waste.
 
07/15/1994APPLICABILITY OF HAZARDOUS WASTE CODES TO A CHEMICAL POLISHING SYSTEMMemo
 Description: Discarded chemical polishing bath solution containing the oxidizer hydrogen peroxide may be ignitable (D001) because it is capable of severely exacerbating a fire by yielding oxygen to stimulate combustion. Acid baths may be corrosive (D002) due to sulfuric acid content. The chemical polishing process does not generate a listed waste if no electroplating or cyanides are used (SUPERSEDED: Memorandum, Dellinger to Waterman; May 18, 2007 (RO 14808)). Discarded baths from this process are hazardous wastes only if characteristic. Wastes that exhibit a characteristic at the point of generation may be subject to the Part 268 requirements even if they do not exhibit a characteristic at the point of disposal (261.3(d)(1)).
 
07/15/1994Environmental Fact Sheet: Options Proposed for Managing Discarded Fluorescent and Other Lights That Contain MercuryPublication
 Description: This fact sheet discusses the proposed two options for managing spent mercury-containing lights, such as fluorescent bulbs and high intensity discharge lamps: (1) exclusion of mercury-containing lamps from regulation as hazardous waste if disposed of in certain municipal solid waste landfills (MSWLFs) or mercury-reclamation facilities (prohibits incineration in municipal waste combustors); (2) addition of mercury-containing lamps to the proposed universal waste system for certain widely generated hazardous wastes (primarily nickel-cadmium batteries and canceled pesticides), allowing generators to ship their lamps without a hazardous waste manifest and store lamps for a longer time.
 
07/15/1994Setting Priorities for Hazardous Waste MinimizationPublication
 Description: This document describes EPA's work in developing a methodology to set priorities in determining which combusted hazardous wastes EPA, states, industry, and other stakeholder groups should focus on regarding waste minimization. It also presents draft results of prioritizing waste streams and the industrial processes generating them.
 
07/15/1994Setting Priorities for Hazardous Waste Minimization; AppendicesPublication
 Description: These appendices include sample Biennial Reporting System (BRS) data forms, BRS code descriptions, EPA's matching process of automated merging of GM and WR forms, list of documents used as sources of concentration data, retrieval from the Generator Survey (GENSUR), waste characterizations for top 150 routinely generated combusted waste stream combinations, summary of prioritization systems, Hazardous Ranking System (HRS) hazard data and pathway scores from Superfund chemical data matrix, and table of states and regions in which top 100 ranked waste stream combinations are generated.
 
07/14/1994DETERMINATION ON WHETHER OR NOT A FACILITY QUALIFIED FOR INTERIM STATUS FOR ITS BOILERS UNDER THE BIF RULEMemo
 Description: Interim status is automatically conferred by statute on qualifying facilities per RCRA Section 3005(e). To qualify for interim status, a facility must have obtained all the required state permits by the effective date of the regulation under which it seeks interim status per the definition of an existing hazardous waste management facility.
 
07/14/1994MANAGEMENT OPTIONS FOR MERCURY-CONTAINING LAMPSMemo
 Description: Fluorescent and high-intensity discharge lamps generally exhibit the toxicity characteristic for mercury. A summary of two regulatory options for spent mercury-containing lamps as proposed in the 7/24/94 Federal Register (59 FR 38288) is provided (SEE ALSO: 64 FR 36466; 7/6/99).
 
07/14/1994MANAGEMENT OPTIONS FOR MERCURY-CONTAINING LAMPSMemo
 Description: EPA Headquarters does not generally make regulatory decisions concerning the legitimacy of specific recycling operations. These issues are decided on a site-specific basis. Sham recycling is a site-specific issue (SEE ALSO: 64 FR 36466; 7/6/99).
 
07/14/1994TREATMENT STANDARD FOR K106 (LOW MERCURY SUBCATEGORY) NON-WASTEWATER RESIDUES FROM RETORTING/ROASTING (RMERC) UNITSMemo
 Description: K106 low mercury subcategory residues from retorting/roasting units will need further treatment if the residues exceed the mercury TCLP level.
 
07/12/1994REGULATORY INTERPRETATION REGARDING PHOTORESIST SOLIDS (""SKINS"") GENERATED IN THE PRINTED CIRCUIT BOARD MANUFACTURING INDUSTRYMemo
 Description: Cleaning and stripping is electroplating only if associated with (i.e., in line or contiguous with) other electroplating operations. Wastes from printed circuit board manufacturing can be F006 if electroplating operations are involved. Stripping solutions or baths can be electroplating wastewaters. Photoresist solids or "skins" filtered from stripping solutions in the printed circuit board industry can be F006 sludges.
 
07/11/1994APPLICABILITY OF RCRA USED OIL REGULATIONS TO USED OIL CONTAINED IN DISCARDED HOUSEHOLD APPLIANCESMemo
 Description: Discarded household appliances containing used oil are regulated under Part 279 if the oil is recycled, and as hazardous waste if the oil is characteristic and disposed. Chlorinated fluorocarbon (CFC)-contaminated used oil is exempt from the rebuttable presumption at the point of draining provided the CFCs will be reclaimed. Removal of CFCs is not treatment. Appliances from which used oil has been removed such that no visible signs of free-flowing oil remain in or on the material are not subject to Part 279.
 
07/11/1994CLARIFICATION OF HOW RCRA REGULATIONS APPLY TO OFF-SPECIFICATION FUELS THAT ARE BEING BURNED FOR ENERGY RECOVERYMemo
 Description: Characteristic off-specification fuels (e.g., gasoline, kerosene, jet fuel, and diesel) are CCPs and are not solid waste when burned for energy recovery because they are fuels. Section 261.2(c)(2)(ii) applies to both listed and characteristic CCPs. Cleanup levels for spills of gasoline and other fuels are site-specific.
 
07/11/1994CLARIFICATION ON HOW REUSE OF ""WASTE RESINS"" AS FEED STOCK TO MANUFACTURE NEW PRODUCTS ARE REGULATED UNDER RCRAMemo
 Description: Outdated resins qualifying as off-specification CCPs are not solid wastes when recycled, unless they are burned for energy recovery or used in a manner constituting disposal and that was not their originally intended purpose. Secondary materials that are reclaimed or directly reused as feedstocks in industrial processes to make a product, or used as effective substitutes for products, are not solid wastes.
 
07/08/1994EXPORT FROM JAPAN OF PHOSPHORUS OXYCHLORIDE CONTAINING BUBBLERSMemo
 Description: Waste bubblers containing phosphorous oxychloride may exhibit the characteristics of corrosivity (D002) and reactivity (D003). An importer of waste is responsible for hazardous waste determinations and generator duties. An importer could be a waste broker, transporter, or destination TSDF (SUPERSEDED: RPC# 9/14/94-02).
 
07/05/1994GUIDANCE ON TRIAL BURN FAILURESMemo
 Description: Discusses EPA’s guidance on incinerator and BIF trial burns including: what is a successful trial burn, how to handle invalid trial burn data, what is an unsuccessful trial burn. Discuses requests for a trial burn retest, and restriction of operations after unsuccessful trial burn.
 
07/01/1994WASTE MINIMIZATION AND RECYCLING ACTIVITIES THAT RESEMBLE CONVENTIONAL WASTE MANAGEMENT PRACTICESQuestion & Answer
 Description: Burning for energy recovery and use in a manner constituting disposal do not qualify as waste minimization. Source reduction involves decreasing the amount of hazardous substance entering the waste stream. Recycling involves use, reuse, or reclamation.
 
06/23/1994ON-SITE TREATMENT OF MANHOLE SEDIMENT WHICH MAY EXCEED THE TOXICITY CHARACTERISTIC FOR LEADMemo
 Description: A material must exceed a 60 mm particle size to meet the debris definition. Debris stabilization with lime, fly ash, or portland cement is considered microencapsulation or immobilization and must be disposed of in hazardous waste landfill if characteristic, or may be disposed of in nonhazardous landfill if not characteristic. Nonhazardous disposal is subject to Section 268.9 for land disposal restrictions (LDR) notification, but not the hazardous waste manifest.
 
06/21/1994USE OF MULTIPLE TRANSFER FACILITIES AS PART OF THE ""NORMAL COURSE OF TRANSPORTATION""Memo
 Description: Regulations do not specifically prohibit the use of multiple transfer facilities during the normal course of transportation. To be considered in the normal course, transportation should be completed in a timely manner. The normal course of transportation is decided on a case-by-case basis. A transporter remains responsible for the waste and the Part 263 standards while at a transfer facility. A generator must receive signed copies of manifests within the specified time periods or must file an exception report.
 
06/10/1994APPLICABILITY OF PART 279 USED OIL MANAGEMENT STANDARDS TO THE OPERATION OF A VEHICLE FLEET SERVICING OPERATIONMemo
 Description: A company which services vehicles at off-site locations and brings used oil to an aggregation point or collection center is subject only to the generator requirements provided each shipment of used oil is 55 gallons or less.
 
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.
 
06/10/1994INTERPRETATION OF THE MIXTURE RULE EXEMPTION AS IT RELATES TO SCRUBBER WATER FROM THE INCINERATION OF CERTAIN SOLVENTSMemo
 Description: The 261.3(a)(2)(iv)(A) and (B) mixture rule exemptions for de minimis quantities of solvents apply only to solvents incidentally discharged to wastewaters, not to solvents in "principle wastestreams" routed to wastewaters. Scrubber water derived from listed solvent incineration is not eligible for the mixture rule exemption.
 
06/10/1994REGULATORY STATUS OF NON-LISTED SLUDGE THAT IS BEING RECYCLEDMemo
 Description: Residues contained in recovery units used to treat wastewater are sludges. Recovery units are classified as sludges if they are used for pollution control. Characteristic sludges sent for reclamation are not solid wastes. The letter from Straus to Dufficy (RPC# 1/6/87-01) reflects current policy. EPA does not differentiate between the regulatory status of steel wool cartridges and copper coated steel mesh type canisters.
 
06/09/1994APPLICABILITY OF RCRA TO VARIOUS PRODUCTS (E.G., CLINKER, FERTILIZER) PRODUCED BY A CEMENT KILN EQUIPPED WITH A RECOVERY SCRUBBERMemo
 Description: Product clinker and fertilizer that are produced using previously landfilled Bevill exempt cement kiln dust are not subject to Subtitle C as long as the products are commercial grade, do not contain hazardous constituents in excess of those found in comparable products, and have met applicable land disposal restrictions (LDR) treatment standards (SEE ALSO: RPC# 5/17/94-01; 60 FR 6666; 2/7/95).
 
06/09/1994TRANSPORTATION OF USED OIL TO LOCATIONS WHERE USED OIL CAN BE MIXED WITH CRUDE OILMemo
 Description: Used oil can be transported to sites where it can be mixed with crude oil (e.g., crude oil pipelines, exploration and production facilities, petroleum refineries, and aggregation points). Refineries receiving off-site used oil are subject to the processor rules until the used oil enters the refining process. An oil and gas exploration and production or refining facility may transport used oil to their aggregation points. The transporter and transfer facility rules apply to used oil transported off-site to a pipeline or to an oil and gas exploration and production facility until it is mixed with crude oil and qualifies for the 279.10(g)(2) exemption.
 
06/08/1994APPLICABILITY OF 261.33 TO DIETHYLHEXYL PHTHALATE-CONTAINING CAPACITORS FROM FLUORESCENT LIGHT BALLASTSMemo
 Description: Capacitors that contain diethylhexyl phthalate (DEHP) that are removed from lamp ballasts have been used, and therefore are not U028. If DEHP from ballasts is reclaimed and then spilled or discarded, the listing could apply.
 
06/07/1994SHAM RECYCLING POLICY AS IT PERTAINS TO THE BOILER AND INDUSTRIAL FURNACE RULEMemo
 Description: The BIF rule supersedes the sham recycling policy of a minimum 5000 Btu/lb heating value for waste (56 FR 7183; February 2, 1991). A product is waste-derived if a furnace burns hazardous waste fuels with a heating values less than 5000 Btu/lb, unless the facility demonstrates legitimate energy recovery, or unless the is waste is excluded via the use in a manner constituting disposal standards in Section 266.20(b). The minimum fuel value is determined on an as-generated, not as-fired basis. Blending to augment the as-generated heating value cannot be used to pass threshold. The heating value can be increased through legitimate treatment.
 
06/03/1994CLARIFICATION OF RCRA REGULATIONS APPLICABLE TO HAZARDOUS DEBRISMemo
 Description: Removing contaminants from an intact building is waste generation, not treatment. An intact building is not considered discarded until it is destroyed. The removed material is eligible for the land disposal restrictions (LDR) 268.45 debris treatment standards if it meets the definition of debris.
 
06/03/1994DEFINITION OF RCRA WASTE K050Memo
 Description: A sludge from a double-pipe heat exchange unit is not K050. Inside the tube of a double-pipe unit is not a bundle. A sludge may exhibit the toxicity characteristic for benzene and other heavy organics.
 
06/02/1994APPLICABILITY OF RCRA REGULATIONS TO A HYDRO-MIST UNIT USED IN THE TREATMENT OF WASTEWATER AT DRY-CLEANING FACILITIESMemo
 Description: A treatment unit that evaporates dry cleaning wastewater by atomizing or misting the liquid into ambient air could qualify as a wastewater treatment unit (WWTU) (SEE ALSO: RPC# 6/2/93-01). OSW does not certify, endorse, or approve specific technologies.
 
06/01/1994BIENNIAL REPORTING FOR WASTES TREATED IN EXEMPT UNITSQuestion & Answer
 Description: A facilities that are is required to submit a Biennial Report should include wastes treated in exempt units, such as wastewater treatment units (WWTUs), even if the waste is not subject to substantive regulation (NOTE: See the current years Biennial Report Forms for current requirements).
 
06/01/1994FINANCIAL ASSURANCE COST ADJUSTMENTS ON A QUARTERLY BASISQuestion & Answer
 Description: If a facility’s anniversary date for financial assurance (fiscal year) does not coincide with the issuance of the annual Implicit Price Deflator (IPD), it may use the latest annual figures for the IPD, or the most recent quarterly figures comparing with the same quarter trom the year before.
 
06/01/1994GNP VS. GDP FOR COST ADJUSTMENTS UNDER RCRAQuestion & Answer
 Description: EPA allows financial assurance cost estimate updates using the annual Implicit Price Deflator (IPD) based on the Gross Domestic Product (GDP) or the Gross National Product (GNP) so long as one is used consistently. If an owner or operator switches from using GNP to GDP, then their previous cost estimates must be accordingly adjusted.
 
06/01/1994SCOPE OF SPENT SOLVENT LISTINGSMemo
 Description: EPA has not established numerical levels for solvent contamination in nonhazardous manufacturing process wastes that trigger hazardous waste regulation. If listed solvent hazardous waste in any amount is mixed with other solid waste, the mixture is listed (SEE ALSO: 261.3(a)(2)(iv) exemption; RPC# 10/20/92-02).
 
06/01/1994TECHNICAL GRADE SOLVENT FORMULATIONS AND THE F003 LISTINGQuestion & Answer
 Description: The F003 listing covers pure solvent mixtures as well as technical grade solvent formulations used for their solvent properties. Discusses the definition of technical grade. A solvent can contain de minimis concentrations of contaminants or impurities and still meet the F003 listing.
 
05/27/1994Implementation Strategy of U.S. Supreme Court Decision in City of Chicago v. EDF for Municipal Waste Combustion Ash; MemorandumPublication
 Description: This memorandum discusses the May 2, 1994, U.S. Supreme Court opinion, which states that Section 3001(i) of RCRA does not exempt ash generated at resource recovery facilities (i.e., waste-to-energy facilities) burning household wastes and nonhazardous commercial wastes from the hazardous waste requirements of Subtitle C of RCRA. It also examines EPA's strategy for assisting waste-to-energy facilities to comply with the RCRA Subtitle C requirements.
 
05/26/1994CLASSIFICATION OF A MERCURY RECOVERY UNITMemo
 Description: One condition of the exclusion from the BIF rules for furnaces engaged solely in metal recovery is that the heating value of the waste cannot exceed 5000 Btu/lb, otherwise the waste is being burned for energy recovery. The requirement is inconsistent with the land disposal restrictions (LDR) mercury recovery treatment standards (SEE ALSO: RPC# 12/17/93-01). 
 
05/24/1994Press Release Announcing EPA's Proposal Expanding Opportunities for Public Participation in the Permitting of All Hazardous Waste Facilities, Including Incinerators and Other Hazardous Waste BurnersPublication
 Description: Communicates EPA's proposal to expand public participation opportunities in the permitting process. Announces the release of the Draft RCRA Hazardous Waste Minimization National Plan and the Combustion Emissions Technical Resource Document (CETRED).
 
05/24/1994STATUS 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.
 
05/23/1994ENHANCED PUBLIC PARTICIPATION AND STRONGER COMBUSTION PERMITTING REQUIREMENTSMemo
 Description: Announces RCRA Expanded Public Participation and Revisions to Combustion Permitting proposed rule, including a list of its principal goals. EPA encourages Regions and states to begin implementing applicable provisions. Permit applicants are also encouraged to meet relevant provisions where feasible.
 
05/23/1994RCRA POLICY STATEMENT: LAND DISPOSAL RESTRICTIONS' DILUTION PROHIBITION AND COMBUSTION OF INORGANIC METAL-BEARING HAZARDOUS WASTESMemo
 Description: The combustion of metal-bearing waste without a significant organic or cyanide content is impermissible dilution. Combustion is not legitimate even if subsequent treatment of the residues achieves the treatment standard. The land disposal restrictions (LDR) dilution prohibition applies to inorganics.
 
05/20/1994MINIMUM HEAT CONTENT REQUIREMENTS FOR HAZARDOUS WASTES BURNED IN BIFSMemo
 Description: Blending hazardous waste (HW) to increase the heating value is not prohibited, but if a BIF burns the HW with a heating value below 5000 Btu/lb and does not document that it was burned for legitimate energy recovery, and the product derived from the burning is placed on land is use in manner constituting disposal, and would be a HW. Such a HW-derived product could be exempted from compliance with the land disposal restrictions (LDR) and notification requirements. Discusses fuel value based on as-generated, not as-fired basis. Blending cannot be used to meet fuel value test. As-generated fuel value can be increased by legitimate treatment (e.g., decanting).
 
05/19/1994CLARIFICATION OF RCRA HAZARDOUS WASTE REGULATIONS AS THEY APPLY TO CERTAIN SECONDARY MATERIALSMemo
 Description: Hydrochloric acid (HCL) from air pollution control device may be a co-product. Discusses by-product vs co-product criteria, such as separate production streams, fit for end use, intentionally produced, market exists. HCl used as a pickling agent is not a solid waste. HCl injected as a fracturing agent is land disposed.
 
05/17/1994REGULATORY 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).
 
05/16/1994ACCEPTABILITY OF IMPORTING NICKEL-CONTAINING CATALYSTS FOR NICKEL RECOVERY AND STAINLESS STEEL SCRAPMemo
 Description: Nickel-containing catalysts and stainless steel scrap that do not exhibit a characteristic may be imported for recovery because they are not hazardous wastes. The applicability of the Basel Convention and bilateral agreements are discussed.
 
05/15/1994Draft Hazardous Waste Minimization and Combustion Strategy: Announcement and Review of Past ActivitiesPublication
 Description: Announces EPA's proposal to expand public participation opportunities in the permitting process and the release of the Draft RCRA Hazardous Waste Minimization National Plan and the Combustion Emissions Technical Resource Document (CETRED). Includes goals and EPA activities aimed at achieving the goals for the major project areas of the draft hazardous waste minimization and combustion strategy.
 
05/12/1994CLARIFICATION OF THE REGULATORY STATUS OF A REFINERY DITCH SYSTEMMemo
 Description: An unlined trough, trench, ditch is not ancillary equipment to a tank or sump because they are not constructed of leak proof material or do not have structural support or strength. Discusses the distinction between tank and surface impoundment. Can retrofit ditches to meet the criteria and quality as a wastewater treatment unit (WWTU).
 
05/11/1994APPLICABILITY 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).
 
05/09/1994EPA’S DRAFT WASTE MINIMIZATION AND COMBUSTION STRATEGY AND IT’S IMPLICATIONS FOR SUPERFUNDMemo
 Description: The Combustion Strategy impact on hazardous waste incineration at CERCLA cleanups is discussed. Hazardous waste combustion remains an appropriate remedy at many sites. The Combustion Strategy is not an ARAR since it is not legally enforceable, but it is regarded as a TBC ("To Be Considered") at CERCLA sites.
 
05/09/1994RECORDKEEPING REQUIREMENTS FOR SMALL QUANTITY GENERATORS SUBJECT TO LAND DISPOSAL RESTRICTIONSMemo
 Description: Small quantity generators are subject to the land disposal restrictions (LDR) program. Only CESQGs are exempt from Part 268. The manifest does not address all of the information required to comply with the Part 268 notification requirements.
 
05/09/1994REGULATORY REQUIREMENTS FOR ON-SITE TREATMENT OF OXYGEN BREATHING APPARATUS (OBA) CANISTERSMemo
 Description: Oxygen breathing apparatus (OBA) used by firefighters could qualify as exempt scrap metal when recycled. There is no need to determine if recycled scrap metal is a hazardous waste (HW). Emptying a steel OBA canister could be an exempt scrap steel recycling process if the canisters are to be recycled (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal). Emptying canisters to render them nonhazardous prior to disposal may be regulated treatment. HW canisters may be accumulated on-site without a permit under 262.34. Tanks meeting the wastewater treatment unit definition are exempt from permitting requirements.
 
05/05/1994REVISED DRAFT OF RISK ASSESSMENT IMPLEMENTATION GUIDANCE FOR HAZARDOUS WASTE COMBUSTION FACILITIESMemo
 Description: The latest revisions (pursuant to the Combustion Strategy) to the implementation guidance for conducting risk assessments at RCRA hazardous waste combustion facilities are discussed.
 
05/01/1994Draft RCRA Hazardous Waste Minimization National PlanPublication
 Description: Outlines EPA's plan for reducing the amount and toxicity of hazardous waste generated nationally, placing an initial focus on metal-bearing and halogenated combustible wastes. Sets forth the Agency's goals regarding waste minimization. Discusses specific mechanisms under consideration for achieving the goal of pollution prevention.
 
05/01/1994ENERGY RECOVERY ON-SITE CONSTITUTES REUSE FOR THE GENERATOR PROCESSING EXEMPTIONQuestion & Answer
 Description: Used oil (UO) generators who burn off-specification UO on-site may filter, clean, or otherwise recondition the UO without meeting the processor requirements.
 
04/23/1994RESPONSE TO REQUEST FOR OPPORTUNITY TO MARKET WONDERFILLMemo
 Description: EPA does not provide direct financial assistance or grants to start businesses or market products. Trade associations, state programs for recovered material products, and the Small Business Innovation Research (ISBR) program of the SBA may be of assistance.
 
04/18/1994RESPONSE TO REQUEST FOR COMMENT TO IMPORT METAL-BEARING SLUDGEMemo
 Description: A generator retains the burden of proof when claiming an imported material is not a solid waste or is conditionally exempt from regulation. An importer must make a hazardous waste determination on a shipment by shipment basis.
 
04/15/1994REGULATORY STATUS OF NATURAL GAS PIPELINE CONDENSATEMemo
 Description: Although ignitable off-specification fuels, such as natural gas condensate, are usually not solid wastes when burned for energy recovery, sale or use of low energy value condensate as motor fuel or a fuel additive may constitute sham burning for energy recovery. The use of unadulterated natural gas pipeline condensate with a high Btu/lb value can constitute legitimate burning for energy recovery. Factors besides the energy value apply to a sham recycling determination.
 
04/15/1994Waste Analysis at Facilities that Generate, Treat, Store, and Dispose of Hazardous Waste: A Guidance ManualPublication
 Description: This document provides guidance to the regulated community, permit writers, and enforcement officials in establishing the criteria to properly evaluate and prepare RCRA waste analysis plans (WAPs). It contains guidance on determining individual waste analysis responsibilities and how to meet these responsibilities and includes facility-specific procedures for conducting waste analysis and developing a WAP, a checklist to ensure that all waste analysis responsibilities at individual facilities have been addressed, and facility-specific (i.e., generator, disposal, and onsite and offsite treatment facilities) model WAPs. Appendices include hazardous waste identification, regulatory summary, waste analysis data flow responsibilities, regulatory citations for conducting waste analysis, overview of major hazardous waste management units, glossary of terms, and references.
 
04/13/1994STATUS OF BERYLLIUM DUST, PO15Memo
 Description: The P015 listing applies to product beryllium powder, including dust and fines. The word dust was inadvertently deleted from the original listing for beryllium dust in 1988.
 
04/12/1994TESTING OF USED FILTERSMemo
 Description: A generator may apply knowledge for a hazardous waste determination on a nationwide basis only if all processes and materials are identical at each location. Once a waste has been tested and shown to be nonhazardous, further testing is unnecessary as long as the process and materials do not change.
 
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.
 
04/08/1994REGULATORY STATUS OF WOOD STICKERS USED FOR WOOD PRESERVING OPERATIONSMemo
 Description: Although the F032, F034, and F035 listings do not generally apply to treated wood products that are discarded, wood "stickers" (pieces of wood used during wood preserving to separate bundles of lumber) that come into contact with wood preservative are listed hazardous waste when discarded.
 
04/06/1994CLARIFICATION OF ""ACTIVE MANAGEMENT"" IN CLOSING WASTE MANAGEMENT FACILITIES (SURFACE IMPOUNDMENTS)Memo
 Description: Remediation involving hazardous waste treatment triggers permitting. Whether in-situ stabilization is treatment is a site-specific determination. The regulatory status of the movement of wastes within an area of contamination (AOC) is discussed. A unit (e.g., surface impoundment) inactive prior to the effective date of applicable RCRA rules is not subject to Subtitle C unless the waste is actively managed. A one-time removal of waste is not active management. Waste removed from a unit is subject to all relevant regulations. Inactive units may be solid waste management units (SWMUs) subject to 3004(u), 3008(h), and/ or 7003 corrective action authorities.
 
04/04/1994RESPONSE TO THE PETITION FOR ADMINISTRATIVE ACTION TO CEASE HAZARDOUS WASTE BURNING AND NOTICE OF CITIZEN SUITSMemo
 Description: Interim status is a statutory right when a facility meets all applicable standards. EPA cannot order BIFs that properly qualified for interim status to stop operating. To qualify for interim status, a facility must be in existence on the effective date of the applicable rule.
 
04/01/1994CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR (CESQG) HAZARDOUS WASTE RECYCLING FACILITIESQuestion & Answer
 Description: Recycling facilities need not be permitted, licensed, or registered by EPA or the State in order to receive CESQG waste.
 
04/01/1994DESIGNATING EXEMPT RECYCLING FACILITIES ON THE MANIFESTQuestion & Answer
 Description: Permit-exempt recycling facilities can be a designated facilities on a manifest. Exempt recycling facility must obtain an EPA identification number and comply with manifest requirements.
 
04/01/1994FINANCIAL ACCOUNTING STANDARDS BOARD STATEMENT 106 AND ITS AFFECTS ON THE RCRA FINANCIAL TESTMemo
 Description: A firm may use the delayed recognition method for the RCRA financial test even though it uses the immediate recognition method in its accounting for purposes of SEC compliance. The firm’s Chief Financial Officer (CFO) may sign the certification.
 
04/01/1994SURFACE IMPOUNDMENT LEACHATE COLLECTION AND REMOVAL SYSTEMSQuestion & Answer
 Description: A leachate collection and removal system must be in place at least 30 days prior to the receipt of waste at a new surface impoundment. The owner/operator must carry out the construction quality assurance (CQA) program certifying compliance with the design specifications of the permit 30 days prior to the receipt of waste.
 
03/31/1994INTERPRETATION ON REGULATORY STATUS OF MERCURY RELAYS AND SWITCHES WHEN RECLAIMEDMemo
 Description: Clarification of when a secondary material is a spent material and the definition of contamination are discussed. Materials such as used lead-acid batteries (battery), solvents, and mercury thermostats and switches are spent materials when sent for reclamation, even if they can still be used for their original purpose. Characteristic sludges and by-products are not solid wastes when reclaimed. Commercial chemical products (CCPs), whether listed or characteristic, are not solid wastes when reclaimed.
 
03/30/1994FREE-FLOWING MERCURY WHICH IS DISTILLED AND SOLD AS AN INGREDIENT IN AN INDUSTRIAL PROCESSMemo
 Description: In general, wastes destined for reclamation (distillation) prior to use as ingredients are not eligible for the direct reuse exemption. Metals suitable for direct use or that only have to be refined rather than reclaimed to be usable are products, not wastes (e.g., free flowing mercury which is distilled and sold as an ingredient in an industrial process).
 
03/24/1994CLARIFICATION OF THE DEFINITION OF ""SPENT MATERIAL"" AS IT APPLIES TO A MERCURIC CHLORIDE CATALYSTMemo
 Description: Mercuric chloride catalyst used in a production process is a spent material when it is taken out of service, regardless of contamination. Spent materials are solid wastes when sent for reclamation. "Contamination" refers to any impurity, factor, or circumstance which causes a material to be taken out of service for reprocessing.
 
03/24/1994CLARIFICATION OF WHEN A SECONDARY MATERIAL MEETS THE DEFINITION OF ""SPENT MATERIAL""Memo
 Description: Clarification of when a secondary material is a spent material and the definition of contamination are discussed. Materials such as used lead-acid batteries (battery), solvents, and mercury thermostats and switches are spent materials when sent for reclamation, even if they can still be used for their original purpose (See Also: RO 14814). Characteristic sludges and by-products are not solid wastes when reclaimed. Commercial chemical products (CCPs), whether listed or characteristic, are not solid wastes when reclaimed.
 
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).
 
03/22/1994CLARIFICATION OF RECYCLED USED OIL MANAGEMENT STANDARDS AS THEY APPLY TO WASTEWATER TREATMENT ACTIVITIESMemo
 Description: Wastewater that contains used oil meets the definition of used oil and is subject to Part 279. Used oil-containing residues and sludges from wastewater treatment units (WWTUs) are subject to Part 279. On-site separation of used oil and water to meet CWA requirements does not constitute used oil processing, provided that the recovered used oil is not sent to an off-site used oil burner.
 
03/22/1994CLARIFICATION OF THE ""CONTAINED-IN"" POLICYMemo
 Description: Soil containing F003 (listed solely for ignitability) may be deemed to contain hazardous waste due to the presence of hazardous constituents (such as metals) even if the soil does not exhibit a characteristic under the contained-in policy (SEE ALSO: 66 FR 27266, 27286; 5/16/01). Consistent with the process for delisting wastes listed solely for a characteristic, States may consider constituents other than those for which the waste was listed when deciding if the soil still contains hazardous waste.
 
03/22/1994REQUIREMENTS FOR MANIFESTING SHIPMENTS OF HAZARDOUS WASTE BY RAIL FROM CANADAMemo
 Description: RCRA Subtitle C regulations can only apply to U.S. parties. The U.S. importer, importer's agent, and transporter may all be generators. All generators are jointly and severally liable for compliance with the generator requirements. Rail shipments of hazardous waste need not be accompanied by a manifest. A generator of waste that is transported solely by rail forwards copies of the manifest directly to the designated facility.
 
03/16/1994EXPEDITED ADMINISTRATIVE REVIEW OF APPEALS OF RCRA PERMIT DENIALS FILED BY INTERIM STATUS COMBUSTION FACILITIESMemo
 Description: Interim status facilities may operate after the denial of a permit while appealing to the Environmental Appeals Board (EAB). Pursuant to the Combustion Strategy, the EPA Administrator has directed the EAB to take final action within 90 days on appeals of interim status combustion facility permit denials.
 
03/15/1994Environmental Fact Sheet: Principles for Basel Convention Aim to Prevent Pollution, Reduce Risk, and Promote Recycling Issues recommendations to Congress for implementing the Basel ConventionPublication
 Description: This fact sheet presents recommendations to Congress for implementing the Basel Convention. The recommendations ask Congress to ban the export of nearly all hazardous wastes, municipal wastes, and municipal incinerator ash beyond North American borders, emphasize the principles of waste minimization to make the United States more self-sufficient in the management and disposal of its wastes, and foster appropriate recycling of low hazard materials (e.g., scrap paper, glass, textiles, and scrap metals) that trade like commodities and are needed as raw materials by not limiting transboundary movements of these materials. The fact sheet also lists parties to the Basel Convention as of February 22, 1994.
 
03/10/1994ISSUES CONCERNING THE COMPARISON OF SFE EXTRACTION RESULTS TO THOSE OBTAINED USING SONICATION(3550) RATHER THAN SOXHLET(3540,3541)Memo
 Description: Target analyte recoveries using Method 3550 are lower than those obtained using Soxhlet extraction, Methods 3540 or 3541. Validation OF NEW EXTRACTION PROCEDURES should be done with the comparison of results to the Soxhlet extraction.
 
03/10/1994RESPONSE TO REQUEST FOR A VARIANCE TO USE PALLADIUM FOR GRAPHITE FURNACE ANALYSIS IN SEVERAL SW-846 METALS METHODSMemo
 Description: Analyst may optimize SW-846 methods to meet his/her specific needs. Allowable modifications include adjustment of the sample size or injection volumes, dilution or concentration of the sample, and the modification or replacement of equipment.
 
03/04/1994USING A GENERATOR IDENTIFICATION NUMBER AND/OR MANIFEST TO DETERMINE LIABILITYMemo
 Description: The presence of an EPA ID number on the manifest is not the decisive factor in assessing liability. Cogenerators of waste are all potentially liable. While a second EPA ID number can be placed on the manifest to designate cogenerators, this is not required. There is no national policy on the issuance of EPA ID numbers for waste generated on ships.
 
03/01/1994CLARIFICATION OF LAND DISPOSAL RESTRICTIONS (LDR) REQUIREMENTSMemo
 Description: If a waste is ignitable (D001, high total organic carbon (TOC)) and exhibits the toxicity characteristic for lead (D008), then blending and combustion as a hazardous waste fuel is not impermissible dilution, since the treatment standard for high TOC D001 requires burning. Fuel substitution alone is not sufficient. Ash from burning such metal-bearing wastes must meet the treatment standards for metals. A waste must meet treatment standards for all applicable waste codes before land disposal (SEE ALSO: 268.9(b)). The F001-F005 treatment standards apply only to the constituents used for solvent properties and which triggered the listing. Solvent constituents picked up through use are not subject to the F001-F005 treatment standards. The F005 treatment standard addresses the characteristic of ignitability and so operates in lieu of D001 treatment standard (USE WITH CAUTION: see RPC# 9/28/94 -04). The alternative debris treatment standards may be used even if the debris is contaminated with a waste code whose treatment standard is a specified technology.
 
03/01/1994OFF-SPECIFICATION PARAFORMALDEHYDE MEETS COMMERCIAL CHEMICAL PRODUCT LISTINGQuestion & Answer
 Description: Paraformaldehyde is an off-specification form of formaldehyde and meets the U122 listing. When commercial chemical products (CCPs) undergo chemical changes and become off-specification, the original P or U code still applies.
 
02/28/1994APPLICABILITY OF RCRA SUBTITLE C REGULATIONS TO SILVER RECLAMATION OPERATIONS OF SPENT PHOTOGRAPHIC FIXER SOLUTIONSMemo
 Description: Spent photographic fixer solution is a spent material, and subject to regulation as a precious metal when it is reclaimed. Silver-bearing sludge precipitated from spent fixer is not a solid waste when it is reclaimed, and therefore it is not subject to Part 266, Subpart F. The precipitation process is exempt recycling.
 
02/23/1994CLARIFICATION ON THE DISTINCTION BETWEEN THERMAL DESORBERS AND INCINERATORSMemo
 Description: The use of controlled flame combustion determines whether a thermal desorption unit is an incinerator or a miscellaneous unit. Miscellaneous units generally are required to comply with the Subpart O incinerator standards plus other appropriate controls.
 
02/18/1994REGULATORY STATUS OF RAINWATER IN WOOD PRESERVING PROCESS AREASMemo
 Description: Rainwater that contacts drip pad at a wood preserving facility becomes a hazardous waste and remains a hazardous waste until recycled (SEE ALSO: Section 261.3(c)(2)). Quantity of contaminated rainwater generated should be included in the monthly generator reporting requirements.
 
02/16/1994ACCEPTABILITY UNDER THE RCRA LAND DISPOSAL RESTRICTIONS OF TWO METHODS OF MACROENCAPSULATION FOR MIXED WASTES AT ROCKY FLATSMemo
 Description: The definition of macroencapsulation entails the use of a jacket or inert inorganic material and not merely placement in a tank or container because of the void spaces between the debris and the container. Discusses possible placement with variance from treatment standard, equivalent method variance, or no-migration variance. Discusses the performance standards for immobilization technologies.
 
02/14/1994REGULATORY STATUS OF USED INDUSTRIAL WIPERS AND SHOP TOWELSMemo
 Description: Whether solvent-contaminated rags, wipers, or towels contain a listed hazardous waste, are mixed with a listed hazardous waste, only exhibit a characteristic, or are not a waste at all depends on site-specific factors that are best evaluated by the Region or state implementing agency. The laundering of wipers cannot be used as a means to disguise solvent disposal.
 
02/10/1994DETERMINING GENERATOR STATUS BY INCLUDING WASTES COLLECTED AT SATELLITE ACCUMULATION AREASMemo
 Description: Wastes in satellite accumulation areas must be included in the generator's monthly waste quantity determination as well as other on-site quantity determinations.
 
02/08/1994CLARIFICATION OF USED OIL REGULATIONS PERTAINING TO USED OIL BEING RECYCLED AND USED OIL BEING BURNED IN AN INDUSTRIAL BOILERMemo
 Description: Characteristic used oil is subject to Part 279 if it is recycled, and is subject to RCRA Subtitle C when it is sent off-site for disposal if it cannot be recycled. There is no need to test for specification if used oil is burned in 279.61 units. A marketer includes anyone selling used oil to a customer burning it for energy recovery.
 
02/04/1994REGULATORY STATUS OF MERCURY BATTERIESMemo
 Description: Containers as debris. Mercury battery (batteries) carcasses containing hazardous waste liquid or sludge may be hazardous debris based on a case-by-case determination.
 
02/03/1994RESPONSE TO REQUEST FOR INFORMATION ON ENFORCEMENT AUTHORITY IN STATESMemo
 Description: Discusses the definition of base authorization. Whether the state or EPA enforces a rule depends on the state’s authorization status and whether the rule is HSWA or non-HSWA. A non-HSWA rule is not effective until a base-authorized state adopts it. HSWA rules are effective immediately in all states. EPA can enforce regulations that are part of an authorized state’s program, but EPA must enforce the state's standards, which may be more stringent than federal standards. Subtitle D permitting and enforcement is left to the states.
 
02/01/1994K052: BOTTOMS FROM TANKS STORING LEADED GASOLINE AT PETROLEUM REFINERIESQuestion & Answer
 Description: The K052 listing applies only to bottoms from tanks storing leaded gasoline at petroleum refineries. The listing does not apply to bottoms from refinery tanks storing other petroleum fractions.
 
02/01/1994REGULATORY STATUS OF SHELL OIL'S NORCO, LOUISIANA FACILITY DITCH SYSTEMMemo
 Description: A trough, trench, or ditch connected to a tank or sump is ancillary equipment. Unlined conveyance systems allowing leakage or a discharge is not ancillary equipment, and may be considered disposal, and may be considered a surface impoundment, miscellaneous, or solid waste management unit (SWMU) subject to corrective action. An unlined trough, trench, ditch that is retrofitted may meet the definition of ancillary equipment to tank and qualify for the wastewater treatment unit (WWTU) exemption.
 
01/28/1994REGULATORY STATUS OF TREATMENT ASSOCIATED WITH FUEL-BLENDING ACTIVITIESMemo
 Description: The definition of treatment has been upheld in court. Adding materials (e.g., sodium hydroxide) to a waste during fuel blending meets the definition of treatment. Physical manipulation, commingling or consolidation of wastes, distillation to remove contaminants, and processing to remove components (e.g., to accomplish phase separation) could all meet the definition of treatment. The waste treatment codes T50 (blending), T54 (distillation), and T63 (solvent recovery) identified in Part 264 Appendix I are used to identify handling techniques, not to identify all the activities requiring a permit or constituting treatment.
 
01/26/1994RESPONSE TO PROPOSED PROCEDURE TO DECOMMISSION ALUMINUM CHAFF ROVING BUNDLESMemo
 Description: Aluminum chaff roving bundles could exhibit the reactivity characteristic (D003) for their propensity to release flammable hydrogen gas when they are exposed to moisture. The Part 268 land disposal restrictions (LDR) treatment standard for these wastes is deactivation, which is best achieved by washing them with an acidic solution (SUPERSEDED: treatment standard is deactivation and meet 268.48 standards, see 268.40). Compliance is evaluated based on the removal of the characteristic, not based on following a specified method of deactivation.
 
01/21/1994REGULATORY STATUS OF SPENT ANTIFREEZEMemo
 Description: Spent antifreeze is a hazardous waste only if it exhibits a characteristic.
 
01/12/1994REGULATORY STATUS OF AND PROPER DISPOSAL METHODS FOR HYDRAULIC FLUID FILTERS USED IN AIRCRAFTSMemo
 Description: Hydraulic fluid filters are not included in the non-terne plated used oil filter exemption. Hydraulic fluid is regulated as used oil. Hydraulic fluid filters that no longer contain used oil are still regulated as used oil when they are burned for energy recovery. Hydraulic fluid filters from which oil has been removed may be hazardous waste when they are disposed.
 
01/10/1994IMPACT OF DRAFT HAZARDOUS WASTE MINIMIZATION AND COMBUSTION STRATEGY ON OHIO'S REGIONAL IMPLEMENTATION OF AIR REGULATIONSMemo
 Description: Air permits may be more appropriate to address dioxin and particulate matter.However, a RCRA permits may include some limits on dioxins, furans, and particulate matter.
 
01/10/1994USE OF ON-SPECIFICATION USED OIL FUEL AS A SUBSTITUTE FOR #2 FUEL OIL IN MANUFACTURING ANFO BLASTING AGENTSMemo
 Description: On-specification used oil fuel is the equivalent of virgin fuel oil for regulatory purposes. The substitution of specification used oil fuel for #2 fuel oil in ANFO (an explosive based on ammonium nitrate and fuel oil) production is a legitimate recycling activity.
 
01/05/1994THE EFFECT OF AN UPCOMING RULE ON NONHAZARDOUS UNDERGROUND INJECTION CONTROL WELLS AND ELEMENTARY NEUTRALIZATION UNITSMemo
 Description: Provides a summary of Phase III and characteristic wastes managed in CWA systems and underground injection control (UIC) wells. A nonhazardous UIC well is a land disposal unit. Waste disposed of in a well must meet land disposal restrictions (LDR) treatment standards or the unit will need a no-migration variance. LDR Phase III will not eliminate elementary neutralization units (ENU) but will require that wastes decharacterized in ENUs meet standards for underlying hazardous constituents (SUPERSEDED: see 61 FR 15660; April 8, 1996).
 
01/04/1994CLARIFICATION ON THE APPLICABILITY OF THE DEBRIS STANDARDS TO P078 WASTESMemo
 Description: Hazardous debris that is contaminated with wastes that is subject to waste-specific treatment standards may utilize the alternate debris standards. Contaminants subject to treatment for debris are constituents or wastes for which the best demonstrated available technology (BDAT) standards are established are in Sections 268.41, 268.42, and 268.43.
 
01/04/1994REGULATORY STATUS OF WASTE AEROSOL CANSMemo
 Description: No categorical determination is possible as to the reactivity of various types of aerosol cans. A hazardous waste determination is the responsibility of generator. Steel aerosol cans that do not contain a significant amount of liquid (e.g., cans that have been punctured and drained) meet the definition of scrap metal. Aerosol cans that are recycled as scrap metal are exempt, and the generator need not make a hazardous waste determination (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal).
 
01/03/1994REGULATORY STATUS OF METAL CASINGS CONTAINING SPENT POWDERED METALLIC OXIDE CATALYSTMemo
 Description: Metal casting containing spent powdered metallic oxide catalyst (i.e., manganese dioxide and copper oxide) is not a listed waste, but could exhibit a characteristic, most likely ignitability (D001) or reactivity (D003). Manganese dioxide is a strong oxidizer and poses a human health hazard through inhalation.
 
01/01/1994USE OF TOTAL WASTE ANALYSIS IN TOXICITY CHARACTERISTIC DETERMINATIONSQuestion & Answer
 Description: The maximum theoretical leachate concentration limits for the TCLP can be calculated from the results of a total waste analysis using a specific formula. Discusses the use of a total waste analysis for liquid wastes, solid wastes, and dual-phase wastes. Discusses maximum theoretical extract concentration (MTEC).
 
12/27/1993REGULATORY DETERMINATION ON THE STATUS OF PRECIOUS METAL RECOVERY FURNACESMemo
 Description: Addesses the criteria for legitimate precious metal recovery. Furnaces legitimately recovering precious metals fall within the Part 266, Subpart F exemption, and are not subject to the Subpart O incinerator regulations and most BIF rules, except for one-time notification and certification, sampling, and analysis. A precious metal recycler must be able to demonstrate that he is engaged in legitimate recycling.
 
12/23/1993MANAGEMENT OF LEAD-ACID BATTERIES THAT ARE RECYCLEDMemo
 Description: Section 266.80(a) applies to locations where lead-acid batteries are stored, but not reclaimed, regardless of the battery management activities that the owner or operator may conduct at other locations. Section 266.80(b) applies to locations where lead-acid batteries are both stored and reclaimed (SEE ALSO: Part 273).
 
12/23/1993REQUIREMENTS FOR DISPOSAL OF DISCHARGED M-44 CYANIDE CAPSULES THAT ORIGINALLY CONTAINED A SODIUM CYANIDE PESTICIDEMemo
 Description: A person generating less than one kilogram of acute hazardous waste per calendar month is a CESQG. The weight of containers holding hazardous waste need not be counted towards the category limits. Both on- and off-site facilities managing a CESQG's acute hazardous waste must meet the criteria of 261.5(f)(3). There is no formal EPA approval needed in order to use alternative and equivalent method instead of triple rinsing when emptying containers holding acute hazardous waste. Cyanide-containing capsules can become empty and exempt according to 261.7.
 
12/22/1993REGULATORY STATUS OF BATTERIESMemo
 Description: Lithium-sulfur dioxide batteries (battery) that have been fully discharged to zero volts do not exhibit the characteristic of reactivity (D003). Other lithium batteries may exhibit the toxicity characteristic for constituents such as lead (lead-acid batteries), cadmium (nickel-cadmium rechargeable batteries), and mercury (mercuric oxide, and some alkaline batteries), or they may be hazardous due to other characteristic properties.
 
12/17/1993CLASSIFICATION OF OLIN MERCURY RECOVERY UNIT AS AN INDUSTRIAL FURNACEMemo
 Description: A mercury recovery unit is a type of smelting, melting, or refining furnace and is therefore an industrial furnace (BIF). Discusses the elements of classification of a BIF. If the unit is used solely for metal recovery, then it is conditionally exempt from BIF rules. The exemption is conditioned on notification, sampling and analysis, and recordkeeping. Provides a mercury retorter definition.
 
12/13/1993RESPONSE TO REQUEST FOR PERMIT MODIFICATION TO ACCEPT NEWLY-LISTED WASTESMemo
 Description: EPA did not identify in Part 261, Appendix VII, all hazardous constituents that are expected to be present in listed wastes. Explains the criteria that is used to determine which constituents should be included in Appendix VII. The treatment standards for nonwastewater forms of newly listed coke by-product wastes are based on incineration.
 
12/10/19931994 JOBS THROUGH RECYCLING INITIATIVEMemo
 Description: Discusses the Jobs Through Recycling Initiative and EPA's plans to provide grants to Solid Waste Recycling and Reuse Business Assistance Centers (RBACs) and Recycling Economic Development Advocates (REDAs).
 
12/07/1993INAPPROPRIATE USE OF METHOD 1311 (TCLP) AS AN ALTERNATIVE EXTRACTION PROCEDUREMemo
 Description: Method 1311 (TCLP) is the leaching procedure, not extraction procedure (EP). The TCLP is not an appropriate sample preparation procedure for extractable total petroleum hydrocarbons (TPH) or for volatile TPH fractions (e.g., gasoline). Discusses suggested methods for preparation of extractable TPH in soil.
 
12/06/1993DEFINITION OF INDUSTRIAL FURNACE AS IT APPLIES TO SMELTING, MELTING, AND REFINING FURNACES HANDLING SECONDARY MATERIALSMemo
 Description: Smelting, melting, and refining furnaces processing waste solely for metals recovery is exempt from the BIF permitting and emission standards. Legitimacy of operation is a case-by-case determination (SEE ALSO: 56 FR 7143; February 21, 1991 and 53 FR 522; January 8, 1988).
 
12/02/1993ELIGIBILITY OF IN-SITU VITRIFICATION TECHNOLOGY TO RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMITTINGMemo
 Description: Because in-situ vitrification (i.e., treatment) is not placement, it does not constitute disposal, and is eligible for a Research and Development (RDD) permit. Placement triggers land disposal restrictions, and is disposal, not treatment.
 
11/29/1993REGULATORY INTERPRETATION OF A MOBILE MERCURY RETORTING PROCESS FOR MERCURY CONTAMINATED SOILS FROM NATURAL GAS PIPELINE METERSMemo
 Description: Mercury roasting and retorting are two methods of reclamation. Discussion of what roasting and retorting furnaces accomplish. Reclamation is a type of recycling. Recycling is generally not subject to regulation, unless recycling is taking place in a BIF. Roasting and retorting meet the definition of industrial furnace (BIF) since they are smelting, melting, or refining furnaces. Retorting solely for metal recovery is conditionally exempt from BIF rules (SEE ALSO: 64 FR 52827; September 30, 1999). Discussion of the elements of the exemption.
 
11/22/1993RCRA 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.
 
11/18/1993TREATMENT OF AN INHERENTLY HAZARDOUS DEBRIS THAT EXHIBITS THE TOXICITY CHARACTERISTIC FOR LEAD AND CADMIUMMemo
 Description: Debris can be treated using the alternative treatment standards or the waste specific land disposal restrictions (LDR) standards. Listed debris treated to the waste specific standard is still hazardous waste after treatment and must be disposed of in a Subtitle C unit. Characteristic debris, including inherently hazardous debris, may be disposed in a Subtitle D unit if no longer exhibits a characteristic.
 
11/17/1993REGULATORY STATUS OF USED CUTTING OILS AND USED OIL COATED STEEL TURNINGS GENERATED DURING MACHINING OPERATIONSMemo
 Description: Cutting oils, including those removed from steel turnings, may be regulated as used oil. The steel turnings would be regulated as used oil as a material containing or otherwise contaminated with used oil, if used oil is visibly dripping. After the oil is removed, the steel turnings are not used oil. Steel turnings may meet the definition of scrap metal.
 
11/10/1993APPLICABILITY OF RCRA TO HAZARDOUS WASTE FUELSMemo
 Description: Addresses the classification of toluene and hexane steam fuel additive as a by-product versus a co-product (SEE ALSO: RPC# 11/4/93-01). Discusses the regulatory status of clean fuels (SEE ALSO: 61 FR 17358; April 19, 1996).
 
11/10/1993APPLICABILITY OF RCRA TO HAZARDOUS WASTE FUELSMemo
 Description: Light hydrocarbon wastestreams generated in the production of a primary product that are used as fuel enhancers may be either by-products or co-products, depending on site-specific factors (SEE ALSO: RPC# 11/4/93-01).
 
11/10/1993APPLICABILITY OF RCRA TO HAZARDOUS WASTE FUELSMemo
 Description: Discusses the regulatory status of quench hexane used as a commercial gasoline blending additive, and the regulation of fuels containing recovered light hydrocarbons as products versus wastes (by-product versus co-product) (SEE ALSO: RPC# 11/4/93-01).
 
11/10/1993REGULATORY STATUS OF BATTERY CARCASSESMemo
 Description: Intact containers are not debris. Because batteries are a type of container, battery carcasses are not debris and are not eligible for the alternate debris treatment standards.
 
11/08/1993CLARIFICATION ON THE LEVEL OF SULFIDE FOR DETERMINING IF A WASTE IS HAZARDOUS UNDER THE REACTIVITY CHARACTERISTICMemo
 Description: If a waste contains greater than 500 mg/kg total releasable sulfide, then the waste is usually considered to meet the narrative definition of a characteristically reactive(SUPERSEDED: see RPC# 4/21/98-01). Discusses contrasting releasable sulfide methods.
 
11/05/1993ADDITIONAL ANALYTES FOR HWIR TARGET ANALYTE LIST IN WASTEWATERMemo
 Description: Discusses the review of six potential Hazardous Waste Identification Rule (HWIR) analytes for their analytical suitability and potential to be found in wastewaters (SEE ALSO: 60 FR 66344; December 21, 1985).
 
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.
 
11/04/1993REGULATORY STATUS OF HAZARDOUS WASTE FUELS CONTAINING RECOVERED LIGHT HYDROCARBONMemo
 Description: Light hydrocarbon wastestreams generated in the production of a primary product may be either by-products or co-products, depending on site-specific factors. By-products burned for energy recovery are solid wastes, while co-products are not. Discusses the factors that are relevant in determining whether a material is a product or a waste. Discusses clean fuels.
 
11/02/1993REGULATORY STATUS OF CEMENT PRODUCED USING HAZARDOUS WASTE FUELSMemo
 Description: EPA does not currently regulate cement produced with clinker from kilns burning hazardous waste fuels. Such cement is not derived-from hazardous waste based on the understanding that fuel residues do not end up in the cement product.
 
11/01/1993CONTAINMENT BUILDINGS AS INDEPENDENT HAZARDOUS WASTE MANAGEMENT UNITSQuestion & Answer
 Description: A containment building is intended to be an independent hazardous waste management units. Existing tanks, containers, and drip pads do not need to be within a containment buildings. Containment buildings can serve as secondary containment for tanks.
 
11/01/1993GENERATOR MANAGEMENT OF HAZARDOUS WASTE AND THE 90-DAY TREATMENT EXEMPTIONMemo
 Description: The transfer of waste to different tanks or containers does not affect the 262.34 generator accumulation unit treatment exemption. Although treatment may remove the hazardous characteristic, land disposal restrictions (LDR) requirements still apply, including 268.7(a)(4).
 
11/01/1993RECYCLED USED OIL PROCESSING STANDARDS AS THEY APPLY TO ON-SITE RECYCLING OF USED OIL RECOVERED FROM A WASTEWATER TREATMENT SYSTEMMemo
 Description: Oil/water separation and recycling metal-working oil on-site are not processing if the recovered oil is not burned for energy recovery. Activities that are ancillary to the normal manufacturing process are not considered processing. USTs containing used oil are subject to Parts 279 and 280.
 
11/01/1993REGULATORY STATUS OF A DISSOLVED AIR FLOATATION FLOAT STORAGE TANK USED TO FEED MATERIAL INTO A PETROLEUM COKERMemo
 Description: A Dissolved Air Flotation (DAF) float that is inserted into a petroleum coker is a solid and hazardous waste (SEE ALSO: Section 261.4(a)(12)). A DAF float feed tank may be an exempt wastewater treatment unit (WWTU) provided it meets the criteria listed in Section 260.10.
 
10/29/1993APPLICABILITY OF RCRA TO THERMAL DESORPTION SLUDGE DRYERS, AND OTHER HYBRID INCINERATOR DEVICESMemo
 Description: Permit writers will consider the Subpart O standards when permitting hybrid incineration units (such as thermal desorption units) under Subpart X.
 
10/22/1993REGULATORY STATUS OF SEPARATOR WATER AND THE USE OF SEPARATOR WATER EVAPORATORS AT DRY-CLEANING FACILITIESMemo
 Description: EPA statement in the letter, Lowrance to Fisher (RPC# 6/2/93-01), that evaporation units at dry cleaners that do not discharge wastewaters pursuant to CWA are wastewater treatment units (WWTU) is specific to units that are used in dry cleaning. A unit receiving concentrated wastes is generally not a WWTU.
 
10/22/1993REGULATORY STATUS OF USED NICKEL-CADMIUM BATTERIESMemo
 Description: Used nickel-cadmium batteries (battery) that can no longer be used for the purpose for which they were produced are spent materials and are solid wastes when reclaimed. The nickel-cadmium repair process (replacing damaged separator material and electrolytes) may be a regeneration activity that qualifies for the 261.6(a)(3) exemption for batteries returned to the manufacturer for regeneration because the activity is similar to recycling CCPs (SUPERSEDED: 261.6(a)(3)(ii) removed; See Also Part 273 and 60 FR 25535; 5/11/95).
 
10/20/1993RESPONSE TO SPECIFIC QUESTIONS REGARDING HAZARDOUS WASTE IDENTIFICATION AND GENERATOR REGULATIONSMemo
 Description: The absence of free liquids precludes applicability of the ignitability characteristic (D001) as defined in 261.21(a)(1). The proposed rule change (58 FR 46052; 8/31/93) suggests using the pressure filtration step from TCLP (Method 1311) as a definitive demonstration for the absence of free liquids for D001 and D002.
 
10/15/1993CLARIFICATION ON DISPOSAL OF SORBED MATERIALS IN HAZARDOUS WASTE LANDFILLS AND ON POZZOLANIC STABILIZATION OF SORBED MATERIALSMemo
 Description: Wastes treated with biodegradable sorbents cannot be placed in a landfill until after appropriate treatment. Chemical reagents such as pozzolanic stabilization and thermoplastic or organic binders are non- biodegradable sorbents and may be used to meet the liquid in landfill rule standards. Pozzolanic stabilization may not meet land disposal restrictions (LDR) treatment standards, but treatment that meets Part 268 standards generally meets Section 264.314(e) requirements.
 
10/15/1993Environmental Fact Sheet: EPA Seeks Public Involvement in Implementing Draft Strategy on Hazardous Waste Minimization and CombustionPublication
 Description: Provides information on a series of public outreach events and actions associated with the implementation of the Draft Strategy on Hazardous Waste Minimization and Combustion, released by EPA Administrator Carol Browner on May 18, 1993.
 
10/13/1993CLARIFICATION OF THE RECYCLED USED OIL MANAGEMENT STANDARDS AS THEY PERTAIN TO IGNITABLE USED OILMemo
 Description: Used oil consolidated from different sources is regulated under Part 279. Used oil that is hazardous solely because it exhibits a characteristic is subject to Part 279. Used oil that cannot be recycled is subject to RCRA Subtitle C if the used oil is hazardous waste. Used oil must meet the criteria in 279.11 to be burned as on-specification fuel.
 
10/13/1993LAND DISPOSAL RESTRICTION INTERIM FINAL RULEMemo
 Description: Discusses the applicability of the interim final rule (58 FR 29884; 5/24/93) to wastes that have one or more numerical treatment standards as well as a deactivation requirement. F001 waste that is also corrosive (D002) must be treated to meet the standards for both waste codes (including treatment for underlying hazardous constituents). Waste mixtures with common constituents of concern must meet the most stringent standard that applies. Ignitable (D001) and corrosive wastes (subject to treatment for underlying hazardous constituents) may be aggregated with other compatible wastes to facilitate treatment. Aggregating wastes for other purposes may be impermissible dilution.
 
10/12/1993APPLICABILITY OF THE PAINT FILTER LIQUIDS TEST TO SORBENTSMemo
 Description: Provides clarification on the performance of the paint filter liquids test (PFT, Method 9095). PFT is designed to verify that sorbed wastes do not contain free liquids for the purpose of the hazardous waste landfill regulations. PFT was not designed to evaluate the performance of one sorbent product relative to other sorbents. No wastes, whether sorbed or not, may be placed in a hazardous waste landfill if they release free liquids as determined by the PFT.
 
10/07/1993CLARIFICATION OF THE RECYCLED USED OIL MANAGEMENT STANDARDSMemo
 Description: Scrap metal that meets the no free-flowing oil standard is not subject to the used oil transporter standards. Coolant recycling and oil/water separation are not used oil processing when they are incidental to the normal manufacturing process.
 
10/07/1993CLARIFICATION OF THE USE OF UNDERGROUND STORAGE TANKS TO CONTAIN HAZARDOUS WASTE SPILLSMemo
 Description: An underground tank used to contain a spill of hazardous waste solvent is a hazardous waste tank system. An underground tank used to contain a spill of reclaimed solvent not a hazardous waste tank system, but it may be subject to Part 280.
 
10/07/1993CLARIFICATION OF ""DEFINITION OF FACILITY"" AND PART A MAPPING REQUIREMENTSMemo
 Description: Clarification of the term “facility” as used in Section 270.14(c)(7)(i) versus Section 270.14(d). If a topographic map is unavailable, another type of map may be submitted with a Part A.
 
10/07/1993CLARIFICATION ON THE AMOUNT, TYPE, AND FREQUENCY OF TRAINING REQUIRED FOR PERSONNEL HANDLING HAZARDOUS WASTE AT FACILITIESMemo
 Description: Discusses the generator personnel training requirements. Personnel must have training in proper waste handling and emergency procedures for the waste at the facility. Personnel moving waste from satellite accumulation areas to a 90-day (or 180-day) generator accumulation area must have appropriate training. An emergency coordinator must be accessible.
 
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.
 
10/04/1993POTENTIAL LIABILITY OF DISPOSAL FACILITIES WHEN DISPOSING OF CONTAMINATED DEBRISMemo
 Description: A disposal facilities remain responsible for ensuring that restricted wastes are disposed of in compliance with all applicable treatment standards. Disposal facilities can be liable for improper disposal of untreated waste. Disposal facilities should use their judgment on how to minimize their risk of liability. Strict liability applies under RCRA, so a facility can be liable for violation even if it acted in good faith, although good faith may mitigate penalties.
 
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.
 
09/24/1993CLARIFICATION OF THE USED OIL REGULATIONS APPLICABLE TO MIXTURES OF USED OIL AND CHARACTERISTIC WASTEMemo
 Description: Mixtures of used oil and ignitable-only characteristic wastes (D001) are regulated as used oil if they are no longer D001. Mixtures of used oil and other characteristic wastes are hazardous wastes if they are characteristic, and used oil if they are not. Mixtures of used oil and wastes listed solely for ignitability are regulated as used oil if they are no longer ignitable. Mixtures of used oil and wastes listed for corrosivity, reactivity, or characteristic of toxicity are hazardous wastes if they exhibit a characteristic, and used oil if they do not.
 
09/24/1993REGULATORY STATUS OF SPENT SOLDER BATHS, ALSO KNOWN AS ""POT DUMPS""Memo
 Description: Pot dumps, or spent solder baths, generally meet the definition of scrap metal and are not subject to regulation when reclaimed (SEE ALSO: Section 261.4(a)(13) exclusion for processed scrap metal).
 
09/24/1993SOLDER BATHS AND SCRAP METALMemo
 Description: Spent solder baths generally meet the definition of scrap metal.
 
09/23/1993GUIDANCE ON INDIRECT EXPOSURE ASSESSMENTS FOR HAZARDOUS WASTE COMBUSTION SOURCESMemo
 Description: Provides guidance on indirect exposure assessments for hazardous waste combustion sources. This memo transmits for review and comment the draft addendum to the 1990 Office of Research and Development (ORD) report, "Methodology for Assessing Health Risks Associated with Indirect Exposure to Combustor Emissions.” It also includes EPA’s initial recommendations on dealing with additional risk assessment issues such as the choice of risk levels and how to consider other air emission sources.
 
09/23/1993LEAD CONTAMINATION RESULTING FROM SKEET SHOOTINGMemo
 Description: EPA encourages the use of substitute materials for lead in ammunition on firing ranges. The U.S. Court of Appeals for the Second District affirmed that lead ammunition deposited in Long Island Sound is “hazardous solid waste,” and a citizen may bring a RCRA 7002 lawsuit for imminent and substantial endangerment (SEE ALSO: 62 FR 6622; February 12, 1997).
 
09/23/1993REGULATORY STATUS OF THE MANUFACTURE AND USE OF WASTE-DERIVED FERTILIZERMemo
 Description: Flue dust used in the production of commercial fertilizer is a characteristic sludge used in a manner constituting disposal and is a solid waste. A solid waste determination is made at the point of generation.
 
09/20/1993DISCARDED OFF-GAS PIPING, EQUIPMENT, AND OFF-GAS SCRUBBER SOLUTION FROM A TANK SYSTEMMemo
 Description: Discarded off-gas scrubber solution is not listed hazardous waste because the gas contained in the solution is derived-from a product, not a waste. Liquid tank residuals are listed CCP. If container from which residues are removed is RCRA empty, residue not hazardous waste (SUPERSEDED: See the April 12, 2004 letter from Springer to Coles). Contains discussion of the triple rinsing requirement for acute (P-listed) waste.
 
09/20/1993REGULATORY DETERMINATION OF SPENT SOLDER BATHS, ALSO KNOWN AS ""POT DUMPS""Memo
 Description: Spent solder baths, or "pot dumps," meet the definition of scrap metal and are exempt when recycled. The 261.2(f) documentation applies to scrap metal that is conditionally exempt based on recycling. Scrap metal that will be recycled is still a solid waste and could be subject to Subtitle C regulation if it is abandoned through disposal (SEE ALSO: 261.4(a)(13)).
 
09/20/1993TRANSPORTING WASTES FROM CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORSMemo
 Description: CESQGs may send waste to a facility that beneficially uses or reuses, or legitimately recycles or reclaims waste. CESQG waste does not need to be accompanied by a manifest.
 
09/15/1993CLARIFICATION OF RCRA REGULATORY APPLICATION TO SOILS CONTAMINATED BY CEMENT KILN DUSTMemo
 Description: Secion 266.112 does not apply retroactively to soil contaminated by cement kiln dust, which is exempt under the Bevill exclusion for fossil fuel combustion wastes, when the soil is removed during corrective action. Discusses the distinction between applying listings retroactively and determining applicability of Bevill exclusion.
 
09/14/1993PROPOSAL TO APPLY DEBRIS TREATMENT STANDARDS TO DEBRIS CONTAMINATED WITH PHASE II WASTESMemo
 Description: Provides clarification to the Phase II proposed rule (58 FR 48092; 9/14/93). EPA intends for the Phase I alternative debris treatment standards to apply to waste codes that are addressed in the Phase II rule (D018-43, K149-K151, K141-K145, K147, K148).
 
09/14/1993REGULATORY INTERPRETATION OF AUTOMATIC WASTE FEED CUTOFFS IN BOILERS AND INDUSTRIAL FURNACESMemo
 Description: Automatic waste feed cutoffs (AWFCOs) in BIFs must be triggered if certain parameters are exceeded. If a waste cannot enter a BIF or remain in the combustion chamber after AWFCO, the BIF is not required to maintain minimum combustion temperature after AWFCO.
 
09/14/1993REGULATORY STATUS OF BRASS PARTICLES GENERATED IN THE BELTING AND BUFFING OF BRASS CASTINGSMemo
 Description: Scrap metal that fails the toxicity characteristic for lead is excluded from RCRA Subtitle C regulation when it is recycled. The determination whether brass particles from the belting/buffing of brass castings are scrap metal is made by the state or Regional office (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal).
 
09/14/1993REGULATORY STATUS OF LITHIUM SULFUR DIOXIDE BATTERIESMemo
 Description: The regulatory determination made in the letter, Williams to Berger (RPC# 3/18/87-01), regarding the potential reactivity of lithium sulfur dioxide (LiSO2) batteries (battery) is still in effect.
 
09/09/1993REGULATORY STATUS OF DRIP GAS GENERATED ALONG NATURAL GAS TRANSMISSION PIPELINESMemo
 Description: Addresses the regulatory status of drip gas from natural gas pipelines that is used as a solvent to remove paraffin buildup. Drip gas may be a hazardous waste used in a manner constituting disposal if it is a by-product rather than a legitimate product. Discusses the criteria for determining if the drip gas is a waste or a product.
 
09/03/1993ANTICIPATED CHANGES TO USED OIL REGULATIONSMemo
 Description: Discusses the anticipated changes to the definition of processor and to the status of used oil that is inserted into the refining process at primary oil refineries ( the changes were finalized; 59 FR 10559; 3/4/94). The majority of the Part 279 used oil regulations were promulgated pursuant to the RCRA Subtitle C base program.
 
09/02/1993INITIAL AND CONTINUING CALIBRATION REQUIREMENTS IN METHOD 8240Memo
 Description: If out of calibration for Calibration Check Compounds, the operator must generate a new five-point calibration curve before analyzing any new samples.
 
09/01/1993HAZARDOUS WASTE RECYCLING REGULATIONS TO A PROPOSED INK RECYCLING PROCESSMemo
 Description: Waste ink is a spent material. Spent materials are solid wastes when they are reclaimed. Process recycling waste ink is not regulated under RCRA Subtitle C. The storage of waste ink prior to recycling is subject to permit standards. Whether a temporary holding area is subject to permitting is decided on a case-by-case basis. Lithographic printers may qualify as CESQGs (SEE ALSO: RPC# 9/20/93-03). Waste ink may be characteristic or listed, depending on the type of solvent used to clean the ink machine. Hazardous waste recyclers must notify EPA under RCRA 3010 and obtain EPA ID numbers. Residues from the recycling process may no longer be solid wastes if they are legitimate products. Discusses the regulatory status of reclaimed materials and legitimacy determinations.
 
09/01/1993NITROGLYCERINE PILLS AS COMMERCIAL CHEMICAL PRODUCTSQuestion & Answer
 Description: Discarded pills containing nitroglycerine as the sole active ingredient are P081 (SUPERSEDED: see 66 FR 27286; May 16, 2001 and RPC# 3/18/03-01). There is not a critical percentage or cut-off concentration in order to be the sole active ingredient for the P- and U-listed listings.
 
08/18/1993APPLICABILITY OF LAND DISPOSAL RESTRICTIONS TO THE WASTE CODE CARRY THROUGH PRINCIPLEMemo
 Description: Residues from the treatment of waste with a land disposal restrictions (LDR) equivalent method variance may lose the waste code provided certain conditions are met. Discusses the applicability of the derived-from rule to such residues (SEE ALSO: 66 FR 27266; May 16, 2001).
 
08/15/1993Environmental Fact Sheet: Controlling the Impacts of Remediation Activities in or Around WetlandsPublication
 Description: This fact sheet provides technical information useful in protecting wetlands from the potential negative impacts caused by more common technologies used to remediate hazardous waste sites. It also addresses waste excavation and surface reconfiguration, pumping and treating groundwater, and landfill capping and runoff diversions.
 
08/15/1993Environmental Fact Sheet: Large-Volume Wastes from Coal-Fired Electric Utilities Exempt as Hazardous WastePublication
 Description: This fact sheet announces EPA's determination that large-volume wastes from coal-fired electric utilities pose minimal risks to human health and the environment. The determination continues the exemption for fly ash, bottom ash, boiler slag, and flue gas desulfurization wastes. EPA recommends that potential problems be addressed on a site-specific basis.
 
08/11/1993RESPONSE TO QUESTIONS ABOUT EPA’S COMBUSTION STRATEGYMemo
 Description: The Combustion Strategy will not impact incinerators at CERCLA sites or the ability of interim status units to continue burning hazardous waste. Provides a summary of the risk assessment guidance. Permit applications for new combustion facilities have a lower priority than pending applications of interim status facilities. Pursuant to the Combustion Strategy, EPA is examining its authority to enforce the generator and TSDF waste minimization and certification requirements.
 
08/04/1993REGULATORY STATUS OF PLASTIC CHIPS FROM RECLAMATION OF LEAD-ACID BATTERIESMemo
 Description: Plastic chips from spent lead-acid batteries (battery) are spent materials. EPA has viewed the by-product category as a catch-all that includes most materials that are not spent materials or sludges. The category may include materials that are not generated from production processes.
 
07/28/1993CLARIFICATION OF USED OIL MANAGEMENT STANDARDS PERTAINING TO USED OIL GENERATED AND MANAGED ON-SITEMemo
 Description: Waste remains on-site if its movement does not involve traveling along a public right of way, even if the movement involves traveling directly across a public right of way. Part 279 used oil transporter standards do not apply to the on-site movement of used oil.
 
07/28/1993RESPONSE TO REQUEST FOR RCRA EXEMPTION FOR FLUORESCENT LAMPSMemo
 Description: The crushing of mercury-containing fluorescent lamps constitutes hazardous waste treatment, but it can be exempt from regulation if it is a necessary part of a legitimate recycling process (SUPERSEDED: lamp crushing by universal waste handlers is prohibited; see 64 FR 36466, 36477-36478; 7/6/99). The storage of crushed lamps is still subject to regulation.
 
07/28/1993TRIPLE-RINSING REQUIREMENT APPLICABLE TO CONTAINERS HOLDING RESIDUES FROM THE INCINERATION OF ACUTE HAZARDOUS WASTESMemo
 Description: Incinerator ash and other residues from the treatment of P-listed acutely hazardous waste remain P-listed and acutely hazardous. Containers holding such residues must be rendered empty by triple rinsing. No formal EPA approval is necessary in order to use an alternative and equivalent method as a substitute for triple rinsing.
 
07/27/1993RESPONSE TO QUESTIONS ON ENGINE COOLANT RECYCLING SYSTEMMemo
 Description: EPA is considering regulating engine coolant and antifreeze under the universal waste regulations (SEE ALSO: 60 FR 23928; 5/11/95).
 
07/15/1993COMMENTS ON DRAFT MEMO OF ORDER BETWEEN EPA AND THE U. S. GOVERNMENT SERVICEMemo
 Description: Addresses the Memorandum of Understanding (MOU) between EPA and U.S. Customs. Importers or transporters are not obligated to submit manifests to U.S. Customs at the border.
 
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.
 
07/07/1993QUALITY ASSURANCE PROJECT PLANS AND DATA QUALITY OBJECTIVES FOR RCRA GROUND-WATER MONITORING AND CORRECTIVE ACTION ACTIVITIESMemo
 Description: Discusses the application of the data quality objective (DQO) process to groundwater monitoring, and corrective action programs. DQO is the overall level of uncertainty that a decision maker is willing to accept in a decision making process. Quality assurance project plans are used to ensure DQOs are defined and documented. Chapter One of SW-846 outlines the minimum elements of a quality assurance programs for all data collection activities.
 
07/02/1993RESPONSE TO CONCERNS REGARDING HAZARDOUS WASTE INCINERATIONMemo
 Description: EPA requires incinerators burning dioxins and PCBs to operate at a 99.9999% destruction and removal efficiency (DRE). Incineration of other wastes requires a 99.99% DRE. EPA conducts conservative, site-specific risk assessments for individual combustion facilities.
 
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.
 
06/07/1993ANALYSIS OF REMEDIAL WASTE VOLUME AND REMEDY SELECTIONMemo
 Description: Provides an analysis of the corrective action remedies and the resulting waste volumes and the parallels to presumptive remedies. The information breaks solid waste management units (SWMUs) down into several categories: containment (no treatment), in-situ treatment, and ex-situ treatment. 140 million cubic meters of remedial waste are expected to be generated over the life of the RCRA program.
 
06/06/1993HAZARDOUS DEBRIS CASE-BY-CASE CAPACITY VARIANCE RENEWALMemo
 Description: A good-faith effort to locate a treatment capacity may be ongoing for waste under a hazardous debris case-by-case capacity variance. An effort must be documented and must continue throughout the period of the variance.
 
06/04/1993INDEPENDENT REGISTERED PROFESSIONAL ENGINEER'S CERTIFICATIONMemo
 Description: Provides clarification of an independent registered professional engineer for closure certification. An engineer employed by a subsidiary may be able to certify the parent company's closure if certain conditions are met. Discusses the definition of majority-owned subsidiary.
 
06/03/1993USE OF ON-SITE PRECIPITATION PROCESS AS AN ACCEPTABLE PRETREATMENT STEP ADJUNCT TO MERCURY RETORTINGMemo
 Description: Mercury precipitation treatment cannot be used as a substitute for the required retorting treatment (RMERC) for the D009 high mercury subcategory. Precipitation process may be used as a pretreatment step. Generators can treat waste on-site without obtaining a permit, provided the generator accumulation provisions are met. Discusses generators subject to the land disposal restrictions (LDR) analysis plan notification.
 
06/02/1993REGULATORY STATUS OF DISULFIDE OIL WHICH IS BURNED IN A SULFURIC ACID FURNACEMemo
 Description: Discusses by-product versus co-product. Material that must be further processed is considered a by-product. Disulfide oil (by-product) that is recycled as feedstock in sulfuric acid manufacturing is unique in that it provides both material value (sulfur content) and fuel value. Based on all factors, EPA has determined that disulfide oil recycled in this manner is not a solid waste.
 
06/02/1993REGULATORY STATUS OF HAFS AND THE VCR PROCESS UNIT LOCATED AT BORDEN'S GEISMAR, LA FACILITYMemo
 Description: A Valorization of Chlorinated Residuals unit is a halogen acid furnace (HAF) and thus is an industrial furnace that is subject to the BIF rules. EPA designates all hazardous material fed to HAFs as inherently waste-like, since HAFs necessarily destroy toxic constituents in addition to recovering materials or energy.
 
06/02/1993REGULATORY STATUS OF SEPARATOR WATER AND EVAPORATOR UNITS AT DRY CLEANERSMemo
 Description: Evaporator units at dry cleaners that have eliminated CWA discharges due to concern over sewer leaks are generally wastewater treatment units (WWTU) (SEE ALSO: RPC# 10/22/93-02). The WWTU exemption applies only to wastewater, not concentrated wastes like free-phase perchloroethylene. CESQG status depends on the total amount of hazardous waste generated at a facility per calendar month. EPA cannot state whether all generators from a particular industry (e.g., dry cleaning) are CESQGs. CESQGs are subject only to 261.5.
 
06/02/1993SEPARATOR WATER AND USE OF EVAPORATORS AT DRY-CLEANING FACILITIESMemo
 Description: Evaporator units at dry cleaners that have eliminated their CWA discharges due to concern over sewer leaks are generally wastewater treatment units (WWTU) (SEE ALSO: RPC# 10/22/93-02). The WWTU exemption applies only to wastewater, not concentrated wastes like free-phase perchloroethylene.
 
06/01/1993CLOSURE TIMETABLE FOLLOWING TERMINATION OF INTERIM STATUSQuestion & Answer
 Description: Owners of facilities that lost interim status (LOIS) must submit a closure plan to the state or Regional office no later than 15 days after termination of interim status. The remainder of the interim status closure timetable is dictated by the date of approval of the closure plan
 
06/01/1993CONTAINMENT BUILDINGS AT PERMITTED AND INTERIM STATUS FACILITIESQuestion & Answer
 Description: Discusses the procedures for adding containment buildings to permitted and interim status facilities under changes during interim status. A containment buildings is not considered newly regulated units. A generators may accumulate and treat hazardous waste in containment buildings.
 
06/01/1993SAMPLE HOLDING TIMES AND VALIDITY OF ANALYTICAL RESULTSQuestion & Answer
 Description: Discusses the use of the TCLP analytical results when sample holding times are exceeded.
 
06/01/1993UNUSED FORMULATIONS OF AGENT ORANGEQuestion & Answer
 Description: Unused formulations of Agent Orange meet the F027 listing when discarded because Agent Orange contains 2,4,5-T, a compound derived from the synthesis of trichlorophenol.
 
05/28/1993CLARIFICATION OF THE CLOSURE REQUIREMENTS FOR HAZARDOUS WASTE MANAGEMENT FACILITIESMemo
 Description: Due to differences in the timing of closure plan submittal, interim status facilities must identify a specific destination of closure wastes, while permitted facilities need only identify the type of unit to which their closure wastes will be sent.
 
05/18/1993EPA Administrator Browner Announces New Hazardous Waste Reduction and Combustion StrategyPublication
 Description: Documents Administrator Carol M. Browner's new hazardous waste reduction and combustion strategy in a press release format. The strategy prioritizes waste reduction and sets reduction guidelines for hazardous waste producers. Provides quotes from Browner's announcement.
 
05/15/1993Environmental Fact Sheet: Hazardous Waste Minimization Interim Final Guidance for GeneratorsPublication
 Description: This fact sheet introduces EPA's interim final guidance on developing a basic hazardous waste minimization program. The guidance is designed to help waste management organizations and hazardous waste generators design programs that fulfill RCRA provisions.
 
05/06/1993CLARIFICATION OF THE TERM ""WHEN"" IN 40 CFR 261.2(C)Memo
 Description: The term "when" as used in 261.2 applies to the point that a material's ultimate disposition has been determined. Materials that are not solid wastes when they are reclaimed are exempt from the point of generation forward. Secondary materials that are excluded from the definition of solid waste based on claims of recycling are no longer exempt if the materials are accumulated speculatively prior to recycling. Respondents must be able to document their claims of legitimate recycling in accordance with 261.2(f).
 
05/06/1993WASTE MANAGEMENT OPTIONS FOR ZINC-CARBON BATTERIESMemo
 Description: Zinc-carbon batteries that contain cadmium are subject to land disposal restrictions (LDR) only if they fail the TCLP and extraction procedure (EP) (SUPERSEDED: see 63 FR 28556; May 26, 1998). Zinc-carbon batteries are not subject to the cadmium battery recycling standard. The applicable D006 treatment standard is based on stabilization (SEE ALSO: Part 273).
 
05/05/1993DISPOSAL OF SORBED LIQUIDS, PARTICULARLY "BIODEGRADABLE" SORBENTS IN WASTES DESTINED FOR HAZARDOUS WASTE LANDFILLSMemo
 Description: RCRA Section 3004(c)(2) prohibits the direct placement of liquids sorbed with biodegradable sorbents into hazardous waste landfills. Hazardous waste not landfilled may be absorbed by any type of sorbent.
 
05/04/1993EFFECTS OF THE REGULATIONS FOR CORRECTIVE ACTION MANAGEMENT UNITS (CAMUS) ON THE MANAGEMENT OF "AS-GENERATED" HAZARDOUS WASTESMemo
 Description: As-generated hazardous wastes cannot be managed in corrective action management units (CAMUs). Only remediation wastes can be managed in CAMUs. The definition of remediation waste is not limited to contaminated environmental media (SEE ALSO: 63 FR 65874; 11/30/98). Dumping as-generated waste to make it remediation waste is illegal. CAMUs may only be designated by EPA or an authorized state.
 
05/01/1993THE USE OF MAXIMUM CONTAMINANT LEVELS IN GROUNDWATER MONITORINGQuestion & Answer
 Description: The SDWA maximum contaminant levels (MCLs) are not codified in 264.94(a)(2), but may be used as alternate concentration limits (ACLs) when establishing the groundwater protection standard in a facility’s permit.
 
05/01/1993WASTE CLASSIFIED AS BOTH F005 AND K086Question & Answer
 Description: Washes and sludges generated from cleaning an ink pigment mixing tub using an 80 percent toluene solvent is classified as F005 and K086. For purposes of land disposal restrictions (LDR), the generator must also determine applicable characteristics.
 
04/30/1993CLARIFICATION OF STATE AND FEDERAL APPLICABILITY OF THE BIF RULE TO LIME KILNS BURNING HAZARDOUS WASTEMemo
 Description: Recycling is normally considered a form of hazardous waste treatment that is exempt from regulation. The Part 266, Subpart H rules apply to all BIFs that burn or process hazardous waste, regardless of the purpose of burning (SEE ALSO: 266.100(b), (c), (d)).
 
04/29/1993APPLICATION OF THE SCRAP METAL EXEMPTION TO LEAD FOIL USED IN DENTAL X-RAY PACKAGESMemo
 Description: Lead foil from dental x-ray packages qualifies for the scrap metal exemption when it is recycled.
 
04/29/1993CLARIFICATION OF HOW MANIFEST AND BIENNIAL REPORTING APPLIES TO MIXTURES OF HAZARDOUS WASTEMemo
 Description: EPA does not require generators to list hazardous waste codes on the manifest, nor do they have to complete Section J of the manifest. 262.20 establishes the procedure that generators must follow in obtaining the manifest. The content of the biennial report is contingent upon the hazardous waste that is generated by the reporter during the reporting year, not on the waste codes that may be listed on the manifest.
 
04/29/1993ION CHROMATOGRAPHIC PROCEDURE FOR THE ANALYSIS OF HEXAVALENT CHROMIUMMemo
 Description: Method 218.6 is EPA’s ion chromatographic procedure for analysis of hexavalent chromium. EPA intends to incorporate this method into SW-846.
 
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.
 
04/29/1993REGULATORY STATUS OF SILVER-CONTAINING WASTEWATER TREATMENT SLUDGES WHEN RECYCLEDMemo
 Description: Silver-containing wastewater treatment sludge is not a solid waste when it is reclaimed, and therefore it is not subject to Part 266, Subpart F. Secondary materials that are solid and hazardous wastes when they are sent for silver recovery are subject to the Part 266, Subpart F requirements.
 
04/29/1993REGULATORY STATUS OF SOLDER DRIPPINGS GENERATED DURING RADIATOR REPAIR OPERATIONSMemo
 Description: Solder drippings that are generated during radiator repair operations qualify for the scrap metal exclusion when they are recycled.
 
04/26/1993APPLICABILITY OF 40CFR 270.1(C)(3) TO IMMEDIATE RESPONSE ACTIVITIES RELATING TO REMOVAL, TRANSPORTATION, AND/OR TREATMENT OF BOMBSMemo
 Description: Bomb squad activities in response to an immediate or imminent and substantial threat of a discharge are not required to have a RCRA permit. An authorized State may choose to require a permit (SEE ALSO: 62 FR 6622; February 12, 1997).
 
04/26/1993REGULATORY STATUS OF SOLID WASTE GENERATED FROM GOLD/MERCURY AMALGAM RETORTINGMemo
 Description: Solid wastes from gold/ mercury amalgam retorting are mineral processing wastes, not beneficiation AND EXTRACTION WASTES under the Bevill exemption for mining and mineral processing wastes. Mineral processing wastes disposed of prior to March 1, 1990, that are no longer exempt are not subject to Subtitle C controls unless actively managed. Active management includes physical disturbance of a site.
 
04/26/1993STRATEGY FOR VOLUNTARY REMEDIATION OF HISTORIC MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Manufactured gas plant (MGP) wastes are not listed but they may exhibit a characteristic. MGP wastes are newly identified and are not subject to land disposal restrictions (LDR) treatment requirements or the dilution prohibition. MGP wastes may be decharacterized in generator's 262.34 accumulation units without a permit and sent off-site for burning in utility boilers as nonhazardous waste (SEE ALSO: 63 FR 28556; 5/26/98).
 
04/23/1993INTERPRETATION OF ""AQUEOUS"" AS APPLIED TO THE CORROSIVITY CHARACTERISTICMemo
 Description: Aqueous means amenable to pH measurement. The corrosivity characteristic (D002) references Method 9040. The scope and application of 9040 notes that it applies only to aqueous wastes and those wastes where the aqueous phase constitutes at least 20% of the total volume of the waste.
 
04/20/1993REGULATORY STATUS OF CENTRIFUGE UNDERFLOW WASTESMemo
 Description: Centrifuge underflow waste is not coke byproduct waste K147 or K148, but it may exhibit a characteristic.
 
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.
 
04/19/1993USE OF PAINT FILTER LIQUIDS TEST TO DETERMINE FREE LIQUIDS IN A WASTEMemo
 Description: The paint filter liquids test Method 9095 was developed to determine free liquids in waste. The test is not intended for use in determining if a waste contains any bound or absorbed liquid or if a liquid is aqueous. The aqueous phase must be present to evaluate waste for pH (SEE ALSO: RPC# 2/16/90-01).
 
04/15/1993Environmental Fact Sheet: Delisting Petitions and the Petition Review ProcessPublication
 Description: This fact sheet describes the rulemaking procedure that can lead to standard, conditional, or upfront exclusions on the obligation to treat certain wastes as hazardous. It also introduces facilities to the steps of the delisting petition review process with a focus on information requirements and EPA methods of technical evaluation.
 
04/08/1993CLARIFICATION ON ANALYTICAL QUANTITATION USING GC/MS METHODSMemo
 Description: Clarification on analytical quantitation using GC/MS methods. Discusses five-point versus one-point calibration.
 
04/05/1993CLARIFICATION OF THE USED OIL MANAGEMENT STANDARDS AND HOW THEY APPLY TO USED OIL CONTAMINATED WITH HCFCSMemo
 Description: To qualify for the rebuttable presumption exemption, used oil that is contaminated with hydrochlorofluorocarbons (HCFCs) must be removed from the refrigeration units and the HCFCs must be destined for recycling. HCFC-contaminated used oil can not be mixed with used oil from other sources.
 
04/02/1993REVISIONS TO THE TCLPMemo
 Description: Discusses the use of the method of standard additions (MSA) in metallic contaminants in TCLP wastes.
 
03/23/1993EXPORTING CHARACTERISTICALLY HAZARDOUS SLUDGE FOR RECLAMATIONMemo
 Description: A characteristic sludge that is exported for reclamation is not subject to the export regulations because characteristic sludges are not solid wastes when they are reclaimed. 262.53(a)(2)(vi) refers to regulated hazardous wastes that are exported for recycling operations.
 
03/15/1993U.S. ARMY CORPS OF ENGINEERS OR INDEPENDENT REGISTERED, CERTIFIED ENGINEERSMemo
 Description: 264.115 and 265.115 do not require independent, registered, certified engineers certifying closure to be registered in the state where the facility is located. EPA has determined that U.S. Army Corps of Engineers personnel are independent and can certify closure of Army facilities. An authorized state can interpret independent, certified, professional engineer to require an engineer to be registered in the state where the facility being inspected is located (SEE ALSO: RPC# 12/21/92-01).
 
03/12/1993CORRECTIONS TO APPENDIX III, PART 268Memo
 Description: The halogenated organic compounds (HOCs) listed in 268 Appendix III as 1,2-Dibromomethane and hexachloroprophene are typographical errors. 268 Appendix III should read 1,2-Dibromoethane (EDB) and Hexachlorophene.
 
03/11/1993CLARIFICATION OF METHOD 8260 CALIBRATION STANDARDS AND ""WASTE TYPE""Memo
 Description: The calibration criteria for method 8260 were established for 5 ml samples. Contains guidance on running 25 ml samples. The “waste type” in the QA/QC step of the TCLP refers to materials which have significant differences in chemical constituents or physical properties. Discusses frequency of matrix spiking.
 
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.
 
03/04/1993PETITION FOR EXCLUSION OF WESTERN WHEEL HOWELL F019 WASTEMemo
 Description: Wastewater treatment sludges that are generated from the treatment of contaminated rinsewaters collected from the stages prior to chromate conversion coating are not F019, provided that these wastewaters are kept separate from the wastewaters from the chromate conversion step.
 
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.
 
03/03/1993AVAILABILITY OF CRITERIA USED TO EVALUATE THE CHARACTERISTIC OF REACTIVITYMemo
 Description: EPA has test procedures to determine the reactivity of wastes that release hydrogen cyanide or hydrogen sulfide gas when they are mixed with weak acid. There is no EPA test for waste that releases hydrogen gas when it is mixed with water. Many reactive properties, such as water reactivity, are difficult to quantify (SUPERSEDED: the test procedures have been withdrawn, see RPC# 4/21/98-01).
 
02/23/1993CLARIFICATION OF THE SATELLITE ACCUMULATION PROVISION FOR HAZARDOUS WASTE GENERATORSMemo
 Description: Provides clarification of the phrases "at or near point of generation" and "under control of operator. . ." for wastes that are generated at many individual locations (e.g. calculator batteries (battery)) and accumulated in satellite areas.
 
02/23/1993PROPER DISPOSAL OF SILVER NITRATE AND CHLOROFORM AS LABORATORY CHEMICALSMemo
 Description: The 261.3(a)(2)(iv)(E) exemption applies only to listed wastes, not to characteristic wastes. The exclusion applies to incidental losses of listed wastes from lab operations, not to deliberate discharges of chemicals that are not part of lab operations. The facility’s discharge must be subject to 402 or 307(b) of CWA. The concentration criteria may be based on either the total annualized average flow of lab wastewater or on the lab chemical concentration at the treatment system’s headworks. The exclusion is based on the total quantity of listed wastes from the lab’s operations. Land disposal restrictions (LDR) recordkeeping requirements may apply. The pretreatment of lab wastewaters may generate a characteristic sludge.
 
02/23/1993STATUS OF UNLISTED COMMERCIAL CHEMICAL PRODUCTS WHEN RECYCLEDMemo
 Description: For purposes of 261.2, EPA interprets nonlisted CCPs to include all types of unused commercial products that exhibit hazardous waste characteristics, even if these products are not commonly considered chemicals (e.g., circuit boards, batteries (battery), etc.). Unlisted CCPs that are sent for reclamation are not solid waste. Reclamation of CCPs that recovers only a minimal amount of material that is of questionable value may be more similar to waste management than legitimate recycling. Persons claiming that a nonlisted CCP being reclaimed is not a solid waste retain the burden of proving that the recycling is legitimate.
 
02/18/1993EXPORT OF PETROLEUM-CONTAMINATED SOILMemo
 Description: Exporters must notify and obtain consent from the receiving country prior to shipping hazardous waste. Generators are responsible for determining if wastes are subject to export regulations. Wastes not subject to RCRA are not be subject to export notice and consent provisions.
 
02/15/1993National Biennial RCRA Hazardous Waste Report (Based on 1989 Data), Executive SummaryPublication
 Description: Summarizes national census results on hazardous waste quantity, management, and movement.
 
02/09/1993CLARIFICATION OF THE TEMPORARY AUTHORIZATION PROVISION OF 40 CFR 270.42 (E)Memo
 Description: A temporary authorization request classified as a Class 3 permit modification that will provide improved management of hazardous waste already listed in the permit must meet only one of the criteria in Sections 270.42(e)(3(ii)(C) through (E).
 
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.
 
02/01/1993GROUNDWATER MONITORING AT NEWLY REGULATED SITESQuestion & Answer
 Description: An owner of a newly-regulated interim status facility has one year to characterize the site and design and install groundwater monitoring system. Once the system is installed, the owner must begin establishing the background concentrations.
 
02/01/1993MIXTURES OF USED OIL AND CHARACTERISTIC HAZARDOUS WASTEQuestion & Answer
 Description: A mixture of used oil and ignitable-only hazardous waste (D001) is regulated as used oil if mixture is not ignitable. A mixture of used oil and waste characteristic for a reason other than ignitability is regulated as hazardous waste if it exhibits any characteristic after mixing.
 
01/28/1993MOVEMENT OF NICKEL CADMIUM BATTERIES FROM MEXICO TO JAPAN VIA THE UNITED STATESMemo
 Description: Hazardous waste is subject to RCRA within U.S. borders. Hazardous waste imported to the U.S. from Mexico for subsequent shipment to Japan is subject to RCRA requirements the moment that it enters the U.S., including import provisions and export provisions. Used batteries that are sent to a battery manufacturer for regeneration are not subject to the Part 262 export requirements (SUPERSEDED: 261.6(a)(3)(ii) removed, See Part 273 and 60 FR 25535; 5/11/95).
 
01/28/1993PROHIBITION OF INTERNATIONAL WASTE SHIPMENTS AND REMOVAL OF HAITIAN TOXIC INCINERATORS ASH Memo
 Description: Provides hazardous waste export facts and a summary of the export regulations.
 
01/28/1993REGULATORY STATUS OF HYDRAULIC FLUIDS AND HEAT TRANSFER FLUIDSMemo
 Description: All synthetic oils (including used nonpolymer-based oils such as synthetic hydraulic and transfer fluids) that function similarly to petroleum-based lubricants, oils, and surface agents are considered used oil and are subject to Part 279.
 
01/21/1993DEFINITION OF HOLDING TIMEMemo
 Description: The holding time is defined as the time period between the taking of the sample and the completion of its analysis. Semivolatile analytes in aqueous matrices can be held for seven days between the taking of the sample and the completion of the extraction.
 
01/18/1993HAZARDOUS WASTE TESTING ISSUESMemo
 Description: EPA has no data that trivalent chromium oxidizes to hexavalent chromium in a landfill. The TCLP is based on co-disposal scenario. Methods 9010 and 9012 are suggested for a concentration of total cyanide and cyanide amenable to chlorination.
 
01/12/1993NOTES ON RCRA METHODS AND QA ACTIVITIESMemo
 Description: Discusses the method and formula for using totals analysis to determine the theoretical maximum concentration of contaminants that could leach from a waste when using the TCLP, and the maximum theoretical extract concentration (MTEC) (SEE ALSO: RPC# 1/1/94-01). EPA’s current regulations for characterizing waste include determining the average property of the universe or whole, even when the waste is heterogeneous (i.e., contains hot spots).
 
01/08/1993IMPACT OF FEDERAL FACILITIES COMPLIANCE ACT (FFCA) ON A DOE LDR CASE-BY-CASE EXTENSION APPLICATIONMemo
 Description: Discusses the impact of the Federal Facilities Compliance Act (FFCA) on DOE's application for a case-by-case extension for Third Third radioactive mixed wastes. EPA questions the need to process the application in light of FFCA's delay of waiver of sovereign immunity.
 
01/07/1993APPLICABILITY OF CORROSIVITY PH AND STEEL CORROSION TESTSMemo
 Description: Nonaqueous liquids need only be tested using the steel corrosion test, whereas aqueous nonliquids (e.g., gels) need only be evaluated for pH. Aqueous liquids are subject to pH measurement and the steel corrosion test. Aqueous waste is defined as a waste that is amenable to pH measurement.
 
01/07/1993LISTING OF RCRA HOTLINE PHONE NUMBER ON PAINT CANSMemo
 Description: Listing the RCRA Hotline telephone number on paint can labels that state "for consumer satisfaction, call the Hotline" may be in violation of the Unfair Competition Statutes at 15 U.S.C 45.
 
01/01/1993SOIL CASE-BY-CASE EXTENSIONQuestion & Answer
 Description: Discuses the scope and applicability of the soil case-by-case extension from the third third land disposal restrictions (LDR) rulemaking. Ended on May 8, 1993.
 
12/30/1992APPLICATION OF THE BIF RULE TO HERITAGE ENVIRONMENTAL SERVICES, INC., LEMONT, ILLINOISMemo
 Description: Unused propellant mixture (butane and propane) from aerosol cans is not a solid waste when it is burned for energy recovery because butane and propane are normally used as fuels. Material remaining in a partially used can is off-specification product that is being burned for its intended use. The burning of the mixture is not subject to the BIF regulations under Part 266, Subpart H.
 
12/24/1992CLARIFICATION ON WHAT CONSTITUTES DIOXIN RELATED MATERIALSMemo
 Description: Contains a list of waste codes that contain dioxin (F020, F022, F023, F026, F027, F028, F032, D017, D041, D042). The F-listed dioxin waste codes do not apply if waste contains dioxin but does not meet the listing description. Waste exhibits the toxicity characteristic only if the level of constituent exceeds the regulatory level. F039, K043, and K099 have land disposal restrictions (LDR) for certain dioxins and furans. If waste meets the listing description, the waste code applies even if no Appendix VIII constituents are present. For purposes of F021, a pentachlorophenol derivative includes any substance which is related structurally and can be made from pentachlorophenol (PCP), including sodium pentachlorophenate, octachlorodibenzodioxin, octachlorodiphenyl ether, and potassium pentachlorophenate. Derivatives from tri- and tetrachlorophenol include tri- and tetra-chlorophenoxy derivatives of carboxylic acids. F020 -F023, F026-F028 hazardous waste must be incinerated in an unit meeting 99.9999 DRE or burned in thermal treatment unit meeting same DRE. Waste that contains Appendix VII constituents but cannot be traced to the original process that would generate the waste meeting listing description is exempt from regulation unless characteristic.
 
12/22/1992CLARIFICATION ON MATRIX SPIKES FOR METHOD 8310Memo
 Description: Provides clarification of frequency of matrix spikes for method 8310.
 
12/22/1992IDENTIFICATION OF SPENT SOLVENT IN CERTAIN INDUSTRIAL PROCESSESMemo
 Description: Toluene-containing polyurethane coating used in the manufacture of marine buoys and fenders is not F005 when used to mechanically clear a spray gun nozzle (i.e., not solubilizing) as long as the solvent is not used for its solvent properties.
 
12/21/1992CLARIFICATION OF THE TERM INDEPENDENT, REGISTERED, CERTIFIED ENGINEERMemo
 Description: Authorized State can interpret “independent, certified, professional engineer” to require engineer to be registered in the state where the facility he is inspecting is located. An engineer from the Army Corps of Engineers meets the criteria for independent, qualified, professional engineer for purposes of assessments, installation, and/or testing for other federal facilities (SEE ALSO: RPC# 3/15/93-01).
 
12/15/1992REGULATORY INTERPRETATION REGARDING PESTICIDE APPLICATOR WASHING RINSE WATERMemo
 Description: Pesticide applicator washing rinsewater is a hazardous waste only if it exhibits a characteristic of hazardous waste (SEE ALSO: RPC# 7/22/85-01).
 
12/11/1992CLARIFICATION OF HAZARDOUS WASTE LISTINGS PERTAINING TO WOOD PRESERVING OPERATIONSMemo
 Description: Wood preserving is defined as any process intended to preserve wood from structural attack. The definition is based on intent of treatment, not on type of process. Dipping operations could be wood preserving. Sodium pentachlorophenate used as wood preservative is F032 when discarded.
 
12/07/1992MANAGEMENT OF USED FLUORESCENT LAMPSMemo
 Description: EPA test results indicate that fluorescent lamps often exhibit the toxicity characteristic for mercury (D009) as determined using the TCLP.
 
12/04/1992DETERMINATION OF EQUIVALENT TREATMENT FOR METAL RECOVERYMemo
 Description: Incineration followed by treatment of the ash is generally required for waste codes for which metals recovery is the specified technology.
 
12/01/1992HYDROCHLOROFLUOROCARBONS USED IN DEGREASINGQuestion & Answer
 Description: Hydrochlorofluorocarbons (HCFCs) used in degreasing are F001 if the concentration was 10% before use. Hydrogenated fluorocarbons (HFCs) are not F001.
 
12/01/1992REBUTTABLE PRESUMPTION FOR USED OILQuestion & Answer
 Description: There is no definition for “significant concentrations” of Appendix VIII constituents in used oil (UO) for the rebuttable presumption. 100 ppm of halogenated solvent compounds is generally significant. If used oil is known to be mixed with listed hazardous waste, the level of halogenated constituents is irrelevant.
 
12/01/1992STATUS OF ELECTRIC ARC FURNACE DUST INCORPORATED INTO GLASS FRITMemo
 Description: Electric arc furnace dust (K061) used as an ingredient in grit for abrasive blasting, roofing granules, or ceramics is not solid waste as long as the dust is not used in a manner constituting disposal. EPA does not generally consider an end use as roofing granules, glass ceramic, and ceramic glaze to be use in a manner constituting disposal.
 
11/30/1992WASTE STREAMS GENERATED BY TREATMENT PROCESSESMemo
 Description: Pursuant to mixture or derived-from rule, streams consisting of listed hazardous waste retain the same waste codes even after mixing and/or treatment. Treatment residuals must meet waste code-specific treatment standards prior to land disposal.
 
11/27/1992CLARIFICATION OF STATUS OF TREATMENT ASSOCIATED WITH FUEL BLENDING ACTIVITIESMemo
 Description: Treatment associated with hazardous waste fuel blending is subject to regulation. EPA explicitly interpreted the now deleted Section 266.34, to require tank standards to apply to fuel blending tanks. Non-storage activities at fuel blending facilities (e.g., microwave units and distillation columns) may require a treatment permit. All storage of all hazardous waste fuels subject to regulation.
 
11/25/1992QUESTIONS 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.
 
11/25/1992REGULATORY STATUS OF RECOVERED PETROLEUM PRODUCTMemo
 Description: Recovered free product that is to be discarded instead of used in its normal manner is a solid waste (SW). Listed wastes and commercial chemical products (CCPs) that are reclaimed are not SW except when they are used as fuels (unless they are themselves fuels) (SEE ALSO: current 261.38). Free product (e.g., gasoline) that is normally used as a fuel and is recovered from the groundwater table after a spill is not a SW when it is reclaimed to make a fuel. Discusses the requirement to document the claim that the material is exempt from SW definition.
 
11/17/1992GUIDANCE ON USING ALTERNATIVE RISK ASSESSMENT APPROACHES IN DETERMINING INCINERATOR METALS EMISSION LIMITSMemo
 Description: Site-specific dispersion models can not be used for reference air concentration (RAC) or risk-specific dose (RSD) unless required by omnibus authority.
 
11/17/1992RCRA REGULATION OF DDT-TREATED WOOL BLANKETS AS HAZARDOUS WASTEMemo
 Description: Wool blankets that are treated with DDT are not solid wastes until they are discarded. If they are solid waste, the DDT-treated blankets are unlikely to exhibit any characteristic of hazardous waste, and would not meet any of the listing descriptions in Part 261, Subpart D. A discarded product contaminated with a chemical is not a discarded commercial chemical product (CCP).
 
11/15/1992Environmental Fact Sheet: EPA Issues Final Rule Regarding Liquids in Hazardous Waste LandfillsPublication
 Description: This fact sheet discusses a final ruling addressing the biodegradability and compressibility of sorbed liquid wastes, and briefly describes the ruling with attention to EPA's commitment to finalizing a HSWA rulemaking on liquids in landfills.
 
11/10/1992REGULATORY STATUS OF SPENT PHOTOCONDUCTOR DRUMS FROM PHOTOCOPYING MACHINESMemo
 Description: The generator is responsible for determining the regulatory status of spent photoconductor drums removed from photocopying machines. Spent photoconductor drums taken from photocopying machines meet the definitions of spent material and scrap metal. Spent drums that are recycled qualify for the scrap metal recycling exclusion. Only wastes that qualify as hazardous are subject to the Part 262 export regulations.
 
11/06/1992CLARIFICATION OF EPA POLICY ON AUTHORIZING INCOMPLETE OR LATE “CLUSTERS” UNDER 40 C.F.R. 271.21 AND AVAILABILITY OF PUBLIC INFORMATION UNDER RCRA SECTION 3006(P)Memo
 Description: EPA has the authority to approve late or incomplete applications for state authorization. A State’s failure to apply for authorization to implement the 3006(f) public information requirements (FOIA) does not mean that its incomplete application must be denied. The policy regarding states that miss cluster deadlines is discussed.
 
11/05/1992CLARIFICATION OF NEWLY LISTED WASTES AND HAZARDOUS DEBRISMemo
 Description: Characteristic debris treated to meet the land disposal restrictions (LDR) performance standards and contaminant restrictions that no longer exhibits a characteristic, is not hazardous waste. If a mixture of a material is comprised primarily of debris, by volume, based on visual inspection, the entire mixture is debris. Non-debris mixtures may be treated via equivalent method variance or variance from treatment standard. Analysis of leachability reduction of microencapsulated waste may be achieved by determining the constituent leachability before and after treatment using TCLP.
 
11/04/1992CLASSIFICATION OF F003 WASTESMemo
 Description: Xylene and acetone used to remove paint is F003, even if the waste is not ignitable. The 261.3(a)(2)(iii) mixture rule exemption does not apply to nonignitable F003 that has not yet been mixed with solid waste, and does not apply to a mixture of soil and F003 that does not exhibit a characteristic (SEE ALSO: 66 FR 27266; 5/16/01). Land disposal restrictions (LDR) treatment requirements still apply to F003 waste that has been rendered nonignitable and/or nonhazardous under 261.3(a)(2)(iii). If F003 is spilled into soil, the soil must be managed as listed waste until the state or Region determines that it no longer contains hazardous waste.
 
11/03/1992TRANSPORTATION AND DISPOSAL OF SHOCK SENSITIVE OR EXPLOSIVE MATERIALSMemo
 Description: Picric acid and ethyl ether may be hazardous due to reactivity. The removal, and transportation of old lab chemicals to eliminate imminent and substantial danger qualifies for Section 270.1(c)(3) permit exemption. Emergency permit regulations can also be used. A RCRA permit is necessary if a safety official determines no immediate safety threat exists.
 
11/02/1992REGULATORY STATUS OF BERYLLIUM-CONTAMINATED EQUIPMENTMemo
 Description: If beryllium dust is used in glove box manufacturing, then beryllium dust residual on the boxes after production is considered used, and therefore is not P015. The P015 listing does not cover particles created during normal beryllium machining, unless the purpose of machining is to create beryllium dust or powder as a commercial chemical product (CCP).
 
11/01/1992BERYLLIUM DUST (P015); APPLICABILITYQuestion & Answer
 Description: The P015 listing only applies to beryllium dust (SUPERSEDED: See current Section 261.33(e) where listing now reads “Beryllium powder”).
 
11/01/1992RECLAIMED COMMERCIAL PRODUCTS: REGULATORY STATUSQuestion & Answer
 Description: Reclaimed creosote is classified as U051 if discarded. Creosote-contaminated soil is regulated as hazardous waste because it contains U051.
 
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.
 
10/28/1992REGULATORY REQUIREMENTS PERTAINING TO THE MANAGEMENT OF WASTE SOLVENTS AND USED OILMemo
 Description: A generators may make a hazardous waste determination either by testing or by applying knowledge of the characteristics of the waste, in light of materials or process used in its generation; testing is not required. A generator must determine each waste code applicable to waste. A generator can rely on the analysis of unused mineral spirits plus knowledge of the operation to determine whether or not the resulting waste solvent exhibits any hazardous characteristic, provided he has sufficient information to make an accurate determination.
 
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.
 
10/21/1992SITE PREPARATION WORK PERFORMED PRIOR TO ISSUANCE OF PERMITMemo
 Description: Construction of an incinerator in an authorized state is subject to state regulation. A facility located in a state authorized for the base program but not some portions of HSWA will receive a permit issued jointly by State and EPA (joint permit). Incinerator preconstruction at an existing interim status facility may proceed only if provisions in Section 270.72(a)(3) are met and if changes do not amount to reconstruction under changes during interim status.
 
10/20/1992REGULATORY STATUS OF WASTE GENERATED BY MCLAUGHLIN GORMLEY KING (MGK) COMPANY IN MINNESOTAMemo
 Description: F001-F005 solvents such as toluene that are used as carriers, extractants, reaction media, etc., are listed hazardous wastes when spent and separated from the process in which they were used, but other wastes that are separated from the final product containing trace amounts of solvents picked up during the production process are not F001-F005 or listed via the mixture rule.
 
10/20/1992WASTE HEIGHT IN CONTAINMENT BUILDINGSMemo
 Description: The limits on the height to which hazardous waste may be piled in a containment building apply only to true containment walls, not crowd walls or stalls inside the containment building. Hazardous waste may be piled to a height exceeding the height of crowd walls or stalls inside containment buildings.
 
10/19/1992LOSS OF INTERIM STATUS (LOIS) FOR STORAGE AND TREATMENT FACILITIESMemo
 Description: Storage and treatment facilities that had interim status on 11/8/84 but failed to submit Part B permit applications by 11/8/88 lose interim status on 11/8/92 due to the 3005(c)(2) LOIS deadline. Submission of the Part B in accordance with the HSWA deadlines ensures continued interim status until EPA issues or denies a permit, even if the final permit determination takes place after 11/8/92.
 
10/15/1992Environmental Fact Sheet: Wastes Generated During the Production of Chlorinated Toluenes Listed as HazardousPublication
 Description: Announces final rule listing three waste streams generated from production of chlorinated toluenes (K149, K150, K151) as hazardous wastes. The rule sets the reportable quantity at 10 pounds.
 
10/15/1992Environmental Fact Sheet: EPA Revises Quality Assurance Measures for the Toxicity Characteristic Leaching ProcedurePublication
 Description: Announces the removal of spike recovery correction requirements for TCLP testing. The removal makes testing requirements consistent with those outlined in EPA's manual on RCRA testing methodology. Waste previously found to be TC-hazardous using spike recovery correction must still be managed as hazardous until reevaluated according to revised TCLP testing procedure.
 
10/15/1992REGULATORY INTERPRETATION OF LOSS OF INTERIM STATUS PROVISIONS AS IT APPLIES TO OB/OD FACILITIESMemo
 Description: Discusses the applicability of the November 8,1992 loss of interim status date for open burning/open detonation facilities that were in existence on November 8, 1984. Facilities that submitted a Part B applications by November 8, 1988 retain their interim status after November 8, 1992. Facilities that did not submit a part B by November 8, 1988 lose their interim status after November 8, 1992 unless the permit decision is made by that date.
 
10/15/1992REGULATORY STATUS OF SOILS CONTAMINATED FROM RELEASES OF COMMERCIAL CHEMICAL PRODUCTSMemo
 Description: Product carbon tetrachloride released from a tank is U211. Soils containing hazardous waste must be managed as a hazardous wastes until or unless they no longer contain listed waste, exhibit characteristic, or are delisted pursuant to the contained-in policy. The health-based levels used in contained-in determinations are site-specific.
 
10/08/1992RECOVERY OF SULFUR AND CHLORIDE FROM SLURRIED BAGHOUSE DUSTMemo
 Description: The desulfurization process to remove sulfur and chloride from slurried baghouse dust is an exempt recycling process. Desulfurization units are either exempt recycling units or wastewater treatment units (WWTUs).
 
10/01/1992PERCHLOROETHYLENE USED IN DRY CLEANINGQuestion & Answer
 Description: Spent tetrachloroethylene (perchloroethylene) used in dry cleaning is classified as F002. The F001 listing is limited to solvents used in degreasing.
 
09/24/1992USE OF LEAD SHOT AT SHOOTING RANGESMemo
 Description: The firing of ammunition at shooting ranges is not waste disposal. The interpretation applies to expended cartridges and target fragments that fall to the ground during shooting. The cleanup of the site can be required under RCRA 7002 and 7003 when an imminent hazard exists (SEE ALSO: 62 FR 6622; 2/12/97).
 
09/22/1992ASSURING PROTECTIVE OPERATION OF INCINERATORS BURNING DIOXIN-LISTED WASTESMemo
 Description: The incinerator regulations do not specifically set a specific destruction and removal efficiency (DRE) for dioxins and furans. The 99.9999% DRE is demonstrated during the trial burn on principal organic hazardous constituents (POHCs) that are more difficult to incinerate than dioxins and furans. Spiking POHCs at high concentrations in the trial burn waste is standard practice. EPA recommends the use of the product of incomplete combustion (PIC) approach from the BIF rule as guidance for incinerators.
 
09/21/1992CALCULATION OF TCLP CONCENTRATIONS FROM TOTAL CONCENTRATIONSMemo
 Description: A generator may use total analysis in lieu of the TCLP analysis to determine if analyte could possibly be above regulatory level by dividing total concentration by 20 and comparing result with the regulatory limit. Discusses the maximum theoretical extract concentration (MTEC) (SEE ALSO: RPC# 1/1/94-01 “Use of Total Waste Analysis in Toxicity Characteristic Determinations”).
 
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).
 
09/18/1992REQUEST FOR CLARIFICATION ON F019 WASTE DETERMINATIONMemo
 Description: Wastewater treatment sludges from the conversion coating operation are F019 regardless of where in the wastewater treatment train they are generated. The listings apply regardless of whether there is prior treatment or commingling with other wastewaters, even if the sludges contain very low concentrations of hazardous constituents. The concentration-based standards under CWA are not a factor.
 
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).
 
09/14/1992EXPORTATION OF HAZARDOUS WASTEMemo
 Description: A generator must perform a hazardous waste determination for waste that will be exported. All TSDFs handling hazardous waste that will be exported must have the proper permits under RCRA Subtitle C.
 
09/09/1992NOTIFICATION REQUIREMENTS FOR TREATABILITY STUDIESMemo
 Description: Addresses the reporting, notification, and recordkeeping requirements for treatability studies. 261.4(f)(1) requires a one-time notification of treatability study activities.
 
09/04/1992REGULATORY STATUS OF ABSORBENT MATERIAL WHEN MIXED WITH HAZARDOUS WASTE PRIOR TO INCINERATIONMemo
 Description: Mixing sawdust with hazardous waste prior to incineration is part of the incineration treatment train and is generally considered regulated treatment. Mixtures of hazardous waste and absorbent or sawdust may be hazardous waste via the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). Absorbing or mixing listed hazardous waste with sawdust does not make the waste nonlisted. The determination of whether the entire volume of the mixture of absorbent material and hazardous waste is counted against the incinerator’s maximum permissible hazardous waste inventory or mass feed limits is made by the state or Region.
 
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.
 
09/01/1992FLUORESCENT LIGHT BULBS AS DEBRISQuestion & Answer
 Description: Used fluorescent light bulbs are considered debris and are eligible for the generic one-year case-by-case extension promulgated in the May 15, 1992 Federal Register (57 FR 20767).
 
09/01/1992“AQUEOUS” AS APPLIED TO THE CORROSIVITY CHARACTERISTICQuestion & Answer
 Description: Aqueous liquid wastes must be tested for both pH and the rate of steel corrosion to determine corrosivity. For D002, aqueous defined as waste for which the pH is measurable. Aqueous nonliquids subject to pH test only. Provides examples of aqueous nonliquids.
 
08/31/1992GUIDANCE ON THE USE OF THE CORRECTIVE ACTION MANAGEMENT UNIT CONCEPTMemo
 Description: The 7/27/90 proposed corrective action management unit (CAMU) concept (55 FR 30798) may be used before the CAMU rule is finalized. Provides a fact sheet on the use of the CAMU concept before the rule is finalized. The CAMU concept is derived from the CERCLA area of contamination (AOC) concept (SUPERSEDED: See 58 FR 8658; 2/16/93).
 
08/28/1992REGULATORY STATUS OF SOLDER SKIMMINGSMemo
 Description: All solder dross (skimmings) qualify as by-products. Solder dross consists of oxidized skimmings from solder baths.
 
08/27/1992RCRA REGULATORY INTERPRETATION ON BENZENE STRIPPERS AT WRC REFINERYMemo
 Description: Refinery benzene stripper is a hazardous waste treatment unit, not tank ancillary equipment. Benzene stripper could be a fully regulated, wastewater treatment unit (WWTU), or generator accumulation unit.
 
08/26/1992CLARIFICATION ON SAMPLING AND DATA INTERPRETATIONMemo
 Description: Generators are not required to test or to specifically use the SW-846 methods except where specified in the regulations. Persons who demonstrate that their method of sampling and data interpretation is scientifically and statistically correct can use that procedure in place of the SW-846 method.
 
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).
 
08/25/1992CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR PROVISIONSMemo
 Description: CESQG waste must be treated or disposed in one of five types of facilities specified in 261.5(g)(3) (SUPERSEDED: 261.5 now allows transfer to seven types of facilities). The conditions apply to off-site and on-site management of CESQG waste. Failure to satisfy the conditions triggers permitted and/or interim status facility standards, as well as notification requirements. Generators of more than 100 kg of hazardous waste per month are subject to Part 262.
 
08/24/1992REGULATORY STATUS OF AN OPEN BURNING UNIT USED FOR TREATING EXCESS PROPELLANTMemo
 Description: The transport of excess powder from training activity for treatment is solid and hazardous waste management. Excess propellant from training that is moved to another training activity not solid waste. The quantity of excess material may help indicate whether a material is solid waste.
 
08/24/1992STATUS OF CYCLOPHOSPHAMIDE AS A HAZARDOUS WASTEMemo
 Description: P- and U-listings apply to all CCPs with the generic names listed in 261.33, regardless of Chemical Abstract Service (CAS) numbers (CAS numbers were added to P- and U-lists as an identification aid). Anhydrous cyclophosphamide and cyclophosphamide monohydrate, although described by different CAS numbers, are both U058.
 
08/20/1992PROPER PROCEDURE FOR REJECTING MANIFESTED SHIPMENT OF HAZARDOUS WASTEMemo
 Description: There is no comprehensive national policy for handling partial or complete rejections of hazardous waste shipments.
 
08/17/1992WASTE GENERATED DURING THE MANUFACTURE OF POLYURETHANE FOAMMemo
 Description: Wastes from the normal use or discard of toluene and polyurethane coating formulation are not F001-F005 (the solvent is used as an ingredient). If an identical formulation is used to clean a spray gun or equipment, then the resulting wastes can be F001-F005. In all cases, the waste must be evaluated for characteristics.
 
08/15/1992Environmental Fact Sheet: Coke Listing Determination Made FinalPublication
 Description: This fact sheet announces EPA's final rule listing seven wastes from the coke by-products industry as hazardous. The rule does not affect those wastes that are recycled back into the manufacturing process. In addition, process wastewaters are not being listed as hazardous.
 
08/15/1992Environmental Fact Sheet: Management Standards Issued to Control Potential Risks from Recycled Used Oil - No Hazardous Waste ListingPublication
 Description: This fact sheet introduces EPA management standards for all segments of the used oil recycling system. The standards apply simple controls to generators of used oil and more stringent controls to processors, refiners, and transporters of used oil. The controls, found at 40 CFR 279, diminish potential risks and make it unnecessary to list recycled used oil as hazardous waste.
 
08/15/1992Environmental Fact Sheet: Proposed No Migration Variances to the Land Disposal Restrictions of Hazardous WastesPublication
 Description: This fact sheet announces a proposed rule to create a comprehensive, substantive, and procedural framework for no migration petitions.
 
08/11/1992COMBINED OPERATION OF THE RESOURCE RECOVERY KILNS AND CEMENT KILNS AT GIANT CEMENT COMPANY, HARLEYVILLE, SCMemo
 Description: Generally, when listed hazardous waste is burned in a cement kiln for a purpose other than just energy recovery and the resulting product is placed on the land, the cement product is a solid and hazardous waste subject to 266.20. However, cement produced from burning off-gases in a cement kiln is not a waste-derived product. Cement produced from treated soil that no longer contains hazardous waste is not a waste-derived product. For the purposes of 266.20(b), EPA may test clinker, rather than product (i.e., cement). 268.7(b)(5), (b)(7) paperwork applies to each shipment of waste-derived product sent to a receiving facility. Discusses the guidelines for determining the regulatory status of two or more hazardous waste treatment units in a series. A cement kiln and resource recovery kiln operating in series are regulated as BIFs. Off-gases from resource recovery kilns are regulated under RCRA Subtitle C if they originate from hazardous waste treatment (SEE ALSO: RPC# 7/29/94-01).
 
08/06/1992BANGLADESHI REQUEST FOR INFORMATION ON LEAD AND CADMIUM IN FERTILIZERMemo
 Description: Hazardous waste-derived fertilizer is subject to Part 266, Subpart C. To qualify for 266.20(b), it must be a legitimate product and meet the land disposal restrictions (LDR) treatment standards. K061-derived zinc fertilizers produced for the general public's use are exempt from regulation, including LDR.
 
08/01/1992ACCUMULATION TIME FOR HAZARDOUS WASTE IMPORTERSQuestion & Answer
 Description: Importers cannot accumulate hazardous waste under Section 262.34 when hazardous waste first enters the United States, even though importers must comply with certain other generator requirements.
 
08/01/1992TREATMENT IN A GENERATOR’S 90-DAY CONTAINMENT BUILDINGQuestion & Answer
 Description: A generator accumulating hazardous waste in a containment building can treat waste without obtaining permit or interim status, unless conducting thermal treatment. If treating to meet Part 268 treatment standards, a generator must comply with Section 268.7(a)(4) for waste analysis plan requirements.
 
07/23/1992REGULATORY INTERPRETATION ON RINSEWATER FROM ALUMINUM ANODIZINGMemo
 Description: Rinsewater from aluminum anodizing that is reused as a source of phosphorous in fertilizer manufacture is not a solid waste if it is purer in acid content and no more contaminated than virgin phosphoric acid that would normally be used (SEE ALSO: RPC# 10/31/91-01).
 
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.
 
07/21/1992FLOOR SUMPS AT HAZARDOUS WASTE SITESMemo
 Description: The Region determines whether a floor sump that collects hazardous waste after the point of generation and conveys it to a treatment unit is exempt as ancillary equipment connected to a wastewater treatment unit (WWTU) or an elementary neutralization unit (ENU).
 
07/21/1992REGULATIONS FOR DISPOSAL OF CERAMIC MATERIALSMemo
 Description: The disposal of ceramic tiles is regulated only if they meet the definition of hazardous waste. If the tiles are hazardous, they may be subject to the land disposal restrictions (LDR). Appropriate treatment could consist of chemical stabilization or vitrification, depending on the metals in the waste.
 
07/21/1992TREATING WASTES IN GENERATORS ACCUMULATION TANKS AND CONTAINERSMemo
 Description: Generators may conduct treatment of used oil (e.g., mixing characteristic used oil with another material to render the used oil nonhazardous) in accumulation tanks or containers without a permit or interim status provided that the units conform to the standards in Part 265, Subparts I or J, and 262.34.
 
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.
 
07/16/1992REGULATORY DETERMINATION - SPENT SOLVENT LISTINGS AND THE MIXTURE RULEMemo
 Description: The Shell Oil decision on the mixture rule does not affect the scope of the spent solvent listings (F001-F005). A spent solvent is not a “mixture” of solvent and its contaminants.
 
07/09/1992REGULATORY STATUS OF COAL TAR DISTILLATESMemo
 Description: Coal tar distillate marketed for fuel use is a co-product.
 
07/08/1992CLARIFICATION OF LANGUAGE IN THE PREAMBLE TO THE FINAL RULE ON USED OILMemo
 Description: Addresses the applicability of state versus federal transportation regulations (e.g., Hazardous Materials Transportation Act) to used oil handlers. Where federal regulations preempt state regulations, state regulations no longer apply.
 
07/07/1992CLARIFICATION OF PRESERVATION TECHNIQUES FOR VOLATILE ORGANIC ANALYSISMemo
 Description: Discusses the recommended preservation procedure for water samples containing volatile organic analytes. EPA does not recommend the use of mercuric chloride as preservative. Acid-preserved samples containing no hazardous constituents can be neutralized and poured down the drain.
 
07/02/1992RCRA POST-CLOSURE PERMITS FOR REGULATED UNITS AT NPL SITESMemo
 Description: CERCLA section 121(e)(1) does not relieve a facility’s owner from the requirement to obtain a post-closure permit for a preexisting RCRA-regulated unit at an NPL site. Discusses possible resolutions to the conflicts between RCRA and CERCLA cleanups at the same site. The CERCLA Section 121(e)(1) permit waiver doesn’t apply to non-CERCLA actions (SEE ALSO: 63 FR 56711; October 22, 1998).
 
07/01/1992ALCOHOL-CONTENT EXCLUSION FOR THE IGNITABILITY CHARACTERISTICQuestion & Answer
 Description: The non-alcoholic component does not cause an aqueous solution with less than 24% alcohol to lose its eligibility for the alcohol exclusion for ignitable (D001) wastes. Alcohol defined as any alcohol or combination of alcohols. For purposes of D001, aqueous means at least 50% water by weight.
 
07/01/1992LINERS AND LEAK DETECTION SYSTEMS FOR HAZARDOUS WASTE LANDFILLS, SURFACE IMPOUNDMENTS, AND WASTE PILESQuestion & Answer
 Description: Summary of the minimum technological standards (RCRA 3004(o)) for new, replacement, and lateral expansions of landfills, surface impoundments, and waste piles completed after July 29, 1992.
 
07/01/1992ONE-TIME NOTIFICATION REQUIREMENT UNDER §268.7(A)(6)Question & Answer
 Description: The one-time notification requirement under the land disposal restrictions (LDR) applies even if, prior to discharge, waste is managed in a manner not substantively regulated.
 
07/01/1992REMEDIATION OF CONTAMINATED SOILS AT HISTORIC MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Generators may treat contaminated soils from manufactured gas plant (MGP) site remediation to remove characteristics in generator accumulation units without a permit. Decharacterized hazardous waste may then be sent off-site for burning as nonhazardous waste (SEE ALSO: 63 FR 28574; 5/26/98).
 
06/24/1992RECYCLING AND PROCESSING OF SPENT AEROSOL CANSMemo
 Description: Whether aerosol can processing constitutes treatment requiring a permit or qualifies as exempt recycling is a determination made by each Region on a case-by-case basis.
 
06/17/1992REGULATORY DETERMINATION FOR SOIL BEING STOCKPILED AT THE SOUTHERN PACIFIC TRANSPORTATION COMPANY (SPTCO)Memo
 Description: Whether the use of soil as landfill liner cover constitutes use in a manner constituting disposal is a site-specific determination that must be made at the Regional level.
 
06/16/1992DESIGNATION OF AMERICIUM BERYLLIUM SOURCES UNDER RCRAMemo
 Description: Discusses the tentative determination that americium beryllium (AmBe) sealed source wastes are not RCRA hazardous wastes. AmBe sealed sources are not P015, and are not ignitable (D001), corrosive (D002), or reactive (D003). EPA does not expect stainless steel casings to fail the toxicity characteristic. Beryllium residues discarded during sealed source manufacturing process may be P015. Solder from sealed sources may be evaluated using a combination of testing and mass balance approaches. The theoretical TCLP concentration can be based on solder composition or by testing.
 
06/15/1992Environmental Fact Sheet: Treatment Standards Finalized for 20 Newly Listed Hazardous Wastes and Hazardous DebrisPublication
 Description: This fact sheet announces land disposal restriction (LDR) rules for 20 newly listed hazardous wastes. Wastes include recent petroleum refining wastes (F037 and F038), wastes from unsymmetrical dimethylhydrazine (K107-K110), wastes from dinitrotoluene and toluenediamine (K111 and K112), wastes from ethylene dibromide (K117, K118, and K136), wastes from ethylenebisdithiocarbamic acid (K123-K126), wastes from methyl bromide (K131 and K132), and additional organic U wastes (U328, U353, and U359). The fact also describes additional components of the LDR rules, including regulations for hazardous debris and containment buildings.
 
06/11/1992CLARIFICATION OF THE APPLICABILITY OF CERTAIN RCRA REQUIREMENTS TO COMMON EXCAVATION-TYPE ACTIVITIESMemo
 Description: Excavating and redepositing hazardous soils (active management) within an area of contamination (AOC) during trenching or other non-RCRA related construction is not generation, treatment, storage, or disposal of hazardous waste and triggers no RCRA requirements, including land disposal restrictions (LDR) and generator rules. Such excavation does not “generate” waste and is not subject to generator requirements (SEE ALSO: 63 FR 28556, 28617; 5/26/98).
 
06/03/1992HOLDING TIMES FOR GROUNDWATERMemo
 Description: The holding times for aqueous samples are listed in the holding time tables in Chapters 2 and 4 of SW-846. The holding time tables for volatiles and semivolatile in Chapter 11 are being deleted from SW-846.
 
06/03/1992MIXED WASTE MANAGEMENT: NORTHWEST INTERSTATE COMPACTMemo
 Description: The chemical component of biomedical radioactive mixed wastes consists of acids and bases as well as solvents. The sample and treatability study exclusions may be used to develop the mixed waste treatment capability. There is no standard procedure for sampling non-homogeneous mixed waste (or other non-homogeneous (waste) in drums. There is currently no disposal options for scintillation cocktails contaminated with radionuclides other than tritium or carbon-14.
 
06/01/1992GROUNDWATER MONITORING RESAMPLING REQUIREMENTSQuestion & Answer
 Description: Facilities that are in compliance monitoring and are performing annual sampling for Appendix IX constituents, which detect constituents not in the permit may resample for the detected constituents within 7 days to confirm, or report to the state or the Regional office. Discusses the procedures addressing these constituents.
 
06/01/1992WASTEWATER TREATMENT UNITS: REGULATORY STATUS OF WASTEQuestion & Answer
 Description: Discusses the regulatory status of waste generated in a wastewater treatment unit (WWTU). Waste is exempt only while in the unit. Residues from the treatment of a listed waste in a WWTU remain listed due to derived-from rule (SEE ALSO: 66 FR 27266; May 16, 2001).
 
05/28/1992REGULATORY STATUS OF RECLAIMED SOLVENT FROM USED DRY CLEANING FILTERSMemo
 Description: Crushing spent dry cleaning filters before removing solvents for reclamation is exempt recycling. Storage prior to recycling may require a permit or may be subject to generator regulations of 262.34 or 261.5.
 
05/15/1992Environmental Fact Sheet: No Hazardous Waste Listing for Used Oil That Is Being DisposedPublication
 Description: This fact sheet discusses a rulemaking that announces the determination that it is unnecessary to list used oil being disposed of as hazardous waste. This rule finalizes the September 1991 Supplemental Proposal to reevaluate the 1986 decision not to list used oil as hazardous waste.
 
05/15/1992Environmental Fact Sheet: Effective Date for Hazardous Debris Treatment Standards Extended One YearPublication
 Description: This fact sheet discusses the extension of the effective treatment date for most debris contaminated with hazardous waste to May 8, 1993. This extension is in response to the lack of treatment capacity for hazardous waste expressed by commenters to the January 9, 1992, Proposed Rule on Land Disposal Restrictions for Newly Listed Wastes and Contaminated Debris (57 FR 958).
 
05/15/1992Environmental Fact Sheet: EPA Proposes Revised Hazardous Waste Identification RulePublication
 Description: Proposes an amendment to define hazardous waste by either establishing concentration-based exemption levels for some hazardous constituents found in certain wastes, or by expanding the number of hazardous constituents in the Toxicity Characteristic rule. This proposal was withdrawn in the October 30, 1992, Federal Register.
 
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.
 
05/07/1992WASTE CODE CARRY THROUGH PRINCIPLE AND IMPORT ON LAND DISPOSAL RESTRICTONS (LDR) STANDARDSMemo
 Description: Under a very narrow set of circumstances (including low levels of recoverable metals), the waste code carry through principle (derived-from rule) does not apply to certain wastes that would otherwise be subject to a specified technology treatment standard of metal recovery because of the derived-from rule.
 
05/04/1992EXPORT OF TREATABILITY SAMPLESMemo
 Description: Treatability study samples that are exported qualify for the exemption from export requirements. A foreign lab does not need an EPA ID number. The Basel Convention may prohibit the movement of treatability study samples between Parties and non-Parties. The Organization of Economic Cooperation and Development Counsel Decision applies to transboundary movements of recyclables, not hazardous waste samples destined for treatability studies.
 
05/04/1992REGION III APPROACH TO STABLIZATIONMemo
 Description: Discusses the RCRA stabilization strategy, the RCRA stabilization initiative, and the goals of the stabilization evaluation. Interim measures can happen at any time in the corrective action process. Interim measures are tools to achieve stabilization. Sites are first evaluated for potential stabilization actions after the RCRA facility assessment.
 
05/01/1992LEAD USED AS SHIELDING IN LOW-LEVEL RADIOACTIVE WASTE DISPOSALQuestion & Answer
 Description: Lead and lead-lined containers used to dispose of low level radioactive waste are not solid wastes and are not regulated as mixed waste if their primary use is for shielding in the disposal operations.
 
05/01/1992SECONDARY MATERIALS USED AS EFFECTIVE SUBSTITUTES FOR COMMERCIAL PRODUCTSQuestion & Answer
 Description: Material requiring reclamation prior to use or reuse as an effective substitute for a commercial product is not being directly used or reused, and would not qualify for Section 261.2(e)(1)(ii) exclusion from the definition of solid waste.
 
04/23/1992REGULATORY STATUS OF UNDEPLOYED AUTOMOTIVE AIRBAG INFLATORSMemo
 Description: Undeployed airbag inflators that fail a quality control program are off-specification CCPs and are not solid wastes when they are reclaimed.
 
04/01/1992GROUNDWATER MONITORING AT NEWLY REGULATED FACILITIES (NOTE: THIS MRQ IS ALSO IN FEBRUARY 1993)Question & Answer
 Description: A newly-regulated interim status land disposal units must complete installation of groundwater monitoring system within one year of regulation and monitor for background levels for the first year system is operable.
 
03/31/1992MANAGEMENT OF MIXED WASTEMemo
 Description: Low-level radioactive mixed waste typically consists of organic liquids, oil mixtures, heavy metal-contaminated wastes, and corrosive liquids. Generators, and TSDFs must include mixed waste information in their biennial report. Discusses mixed waste permitting authority. Mixed waste is a subset of low level waste.
 
03/26/1992REGULATORY STATUS OF SOLDER SCRAPMemo
 Description: Scrap solder removed from an electronics assembler’s solder bath due to its contamination level appears to meet the definition of a spent material. Used solder that is sold and directly reused as solder is not a solid waste if it meets Section 261.2(e) criteria.
 
03/09/1992CORROSIVITY CHARACTERISTIC AS IT APPLIES TO SOLIDSMemo
 Description: corrosive solids (i.e., lye, and solid acids) are not covered under the corrosivity characteristic (D002). Aqueous is not defined (SUPERSEDED: see RPC# 1/7/93-02; RPC# 4/23/93-01). A test method for corrosive solids is proposed.
 
03/06/1992VALIDITY OF METHOD 3060, HEXAVALENT CHROMIUM DIGESTIONMemo
 Description: EPA requires the use of specific test methods only where specified in the regulations. For all other applications, the use of the SW-846 methods is not mandatory. Method 3060 for hexavalent chromium is valid until the 3rd edition of SW-846 is promulgated.
 
03/01/1992COMMERCIAL CHEMICAL PRODUCT DEFINITION IN §261.33Question & Answer
 Description: Discarded unused commercial chemical product (CCP) with two active ingredients cannot be P-listed or U-listed waste because the listed chemical is not the sole active ingredient. Functionally inert components are not active ingredients.
 
03/01/1992RESOURCE CONSERVATION AND RECOVERY INFORMATION SYSTEM (RCRIS)Question & Answer
 Description: Provides explanation of RCRIS database, which replaced HWDMS and CARS in January 1992. Discusses types and sources of RCRIS data. RCRIS data was replaced by RCRAinfo data in the Summer of 2000.
 
02/15/1992Environmental Fact Sheet: EPA Issues Interim Final Regulations on the "Mixture" and "Derived-from" RulesPublication
 Description: This fact sheet discusses the reinstatement of "mixture" and "derived-from" rules governing the management of hazardous waste on an interim basis. The rule also opens public comment on this issue.
 
02/10/1992ENVIRONMENTAL GROWTH INITATIVEMemo
 Description: Discusses the Environmental Growth Initiative. Provides an overview of the RCRA Subtitle C reform initiatives growing out of the President's "90-Day Review of Regulations." Addresses concentration-based exemptions, universal treatment standards (UTS), post-closure permitting, remediation reforms, and the new Superfund paradigm.
 
02/04/1992CLASSIFICATION OF INFILTRATION GALLERIES UNDER THE UIC AND RCRA PROGRAMSMemo
 Description: Discusses the distinction between, and definition of, infiltration galleries (IGs) and SDWA underground injection control (UIC) wells for purposes of the April 2, 1991, rule extending the toxicity characteristic (TC) effective date for reinjection of groundwater pursuant to hydrocarbon recovery operations at petroleum refineries and transportation facilities (56 FR 13406). IGs can be UIC wells. IGs are often trenches. Remediation activities using reinjection may be subject to state groundwater protection statutes, SDWA, RCRA, and/or CERCLA authorities.
 
02/01/1992SPECULATIVE ACCUMULATION CALCULATIONQuestion & Answer
 Description: A characteristic sludge is not accumulated speculatively if, by December 31, the owner/operator can show he has recycled 75% of the amount in storage on January 1.The 75% requirement applies to materials of same class being recycled in the same way.
 
01/22/1992EVALUATING PRECOMPLIANCE CERTIFICATIONS FOR BOILERS AND INDUSTRIAL FURNACESMemo
 Description: Provides interpretation of a "complete and accurate" certification of precompliance. Addresses the use of enforcement authorities when evaluating BIF precompliance certification violations. Possible EPA responses include 3007 information requests and notices of violation.
 
01/16/1992EXEMPTION FROM PERMITTING REQUIREMENTS FOR WASTE WATER TREATMENT UNITSMemo
 Description: A wastewater treatment system must be subject to the Clean Water Act (CWA) in order to be eligible for the wastewater treatment unit (WWTU) exemption, it is not required to actually have CWA permit. A zero discharge system is eligible for exemption (SEE ALSO: RPC# 3/20/89-03). A wastewater treatment facility that never had a discharge to a surface water is not eligible for the WWTU exemption because it was never subject to the NPDES permitting or CWA requirements.
 
01/15/1992Environmental Fact Sheet: EPA Amends Monitoring Well Requirements for Interim-Status Hazardous Waste FacilitiesPublication
 Description: This fact sheet amends the standards applicable to owners and operators of interim-status hazardous waste facilities. Owners and operators of facilities may use an acceptable alternate location when physical obstacles prevent the placement of monitoring wells at a specified location.
 
01/15/1992Environmental Fact Sheet: EPA Releases Final Rule on Liners and Leak Detection SystemsPublication
 Description: This fact sheet summarizes new requirements mandated by HSWA. The requirements institute minimum standards for double liners, leachate collection and removal systems, leak detection systems, and construction quality assurance programs at hazardous waste surface impoundments, landfills, and waste piles.
 
01/15/1992REGULATORY STATUS OF LABORATORY WASTEWATERMemo
 Description: The mixture rule exemptions (261.3(a)(2)(iv)(A) - (E)) are oriented toward mixtures of wastewaters and listed wastes, not characteristic wastes. The exemption does not apply until the wastewater passes through the headworks of the wastewater treatment unit. Laboratory wastewaters contaminated with toxic (T) listed wastes are exempt if the mixture, after passing through the system headworks, does not exceed the concentration specified in the exemption (SEE: 261.3(a)(2)(iv)(E)).
 
01/15/1992REQUEST FOR ASSISTANCE REGARDING F006 DETERMINATION AT THE EAGLE-PICHER COLORADO SPRINGS, COLORADO FACILITYMemo
 Description: EPA defines electroplating as the reduction or plating of metal ions on a cathodic surface. Electrolysis is not electroplating. A facility does not need to be subject to CWA electroplating effluent standards in order to generate wastes within the scope of the F006-F009 and F019 listings.
 
01/15/1992USE OF LEAD SHOT AT SHOOTING RANGESMemo
 Description: Contamination resulting from the deposition of lead at shooting ranges is not subject to RCRA regulations. Provides suggested alternatives for reducing possibility of lead contamination (SEE ALSO: RPC# 9/24/92-01; 62 FR 6622; February 12, 1997).
 
01/01/1992FUNDING FOR THE RCRA PROGRAM AND RCRA REAUTHORIZATIONQuestion & Answer
 Description: RCRA Section 2007(a) funding expired September 30, 1988. The funding for subsequent years comes from the annual “de facto” congressional appropriations, a formal reauthorization is not required. Without appropriations the funding expires. Statutory authority to regulate is independent of funding.
 
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.
 
12/30/1991PETITION TO DELIST XENIUM FIBERGLASS CORPORATION WASTEMemo
 Description: The delisting process generally takes two years. Addresses minimum delisting petition requirements. A delisting petition is not necessary for waste which is no longer hazardous via the 261.3(a)(2)(iii) exemption for mixtures of solid waste and hazardous waste listed solely for a characteristic that are no longer characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). The generator is responsible for demonstrating that an exempt mixture remains nonhazardous and for classification as legitimately used, reused, recycled, or reclaimed.
 
12/20/1991PUBLIC HEARINGS ON PETITION TO DELIST WASTE FROM APTUS, INC.Memo
 Description: EPA is not required to hold public hearing on delisting petitions. As of 1991, EPA has never held delisting hearings. Proposed delistings must be published in the Federal Register. EPA does not designate specific disposal sites for delisted wastes, but assumes disposal in an unlined solid waste landfill.
 
12/19/1991USED 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.
 
12/17/1991HANDLING AND ANALYSIS OF SAMPLES CONTAINING VOCS (VOLATILE ORGANIC COMPOUNDS)Memo
 Description: Discusses the handling of aqueous samples for test methods. Headspace from the sample storage should not invalidate sample. Macro bubbles from the storage or improper sample collection may affect the sample if they are larger than 1/4”, The data from samples with excessive headspace should be the minimum values or thrown out.
 
12/10/1991EXTENSION OF COMMENT PERIOD FOR LDR SOIL FEDERAL REGISTER NOTICEMemo
 Description: Discusses the extension of the comment period for land disposal restrictions (LDR): Potential Treatment Standards for Newly Identified and Listed Wastes and Contaminated Soil (56 FR 55160; 10/24/91) on issues related to mineral processing wastes, wood preserving wastes, and spent potliners (SEE ALSO: 57 FR 37194; 8/18/92, 60 FR 43654; 8/22/95, 61 FR 2338; 1/25/96, 62 FR 25997; 5/12/97).
 
12/10/1991NO-MIGRATION PETITION FOR KOCH REFINING, TXMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below the treatment zone, in soil-pore liquid, and in groundwater at the land treatment facility.
 
12/10/1991RECOVERED LEAD AND LEAD ALLOYS FROM BATTERIESMemo
 Description: Provides an overview of the requirements related to hazardous waste export, including notification, involvement of the U.S. State Department, Customs, receiving country consent, EPA Acknowledgement of Consent, transit country notification, and bilateral agreement requirements.
 
12/09/1991SOLDER DROSS GENERATED IN MANUFACTURING PRINTED CIRCUIT BOARDSMemo
 Description: Solder drosses generated from soldering printed circuit boards are by-products, not spent materials, and so are not solid wastes when reclaimed (SEE ALSO: RPC# 8/28/92-01).
 
12/05/1991HAZARDOUS AND MUNICIPAL WASTE IMPORTS AND EXPORTS BETWEEN THE U.S. AND CANADAMemo
 Description: The import of hazardous waste and solid waste is not prohibited under federal regulations. Wastes are "goods in commerce," and protected under the commerce clauses in the Constitution.
 
12/03/1991CONTROL DEVICES REQUIRED BY THE ORGANIC AIR EMISSION STANDARDMemo
 Description: Only the Subparts AA and BB standards apply to a control device that meets the definition of another regulated unit (e.g. incinerator). If the device also treats other wastestreams, the unit must comply with the applicable standards. EPA may impose additional requirements under its omnibus authority.
 
12/03/1991RCRA APPLICABILITY TO SOLDER DROSS FROM PRINTED CIRCUIT BOARD MANUFACTURINGMemo
 Description: Clarifies that Clay to Stanga (RPC# 11/27/91-01) applied only to solder dross from printed circuit board manufacturing. The status of solder dross from other industries remains as stated in the 1/4/85 Federal Register (50 FR 614), and the 1986 recycling guidance (SEE ALSO: RPC# 8/28/92-01; RPC# 8/26/92-03).
 
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.
 
12/01/1991SW-846 TEST METHODSQuestion & Answer
 Description: The test methods found in SW-846 are generally not required, but are intended as guidance for both hazardous waste identification and compliance with the land disposal restrictions (LDR) treatment standards. In certain instances, such as delisting and characteristic testing, EPA requires the use of the SW-846 methods.
 
11/27/1991RCRA APPLICABILITY TO SOLDER DROSS FROM PRINTED CIRCUIT BOARD MANUFACTURINGMemo
 Description: Until further study is completed, EPA will continue to treat solder drosses generated from soldering printed circuit boards as by-products, rather than spent materials. Characteristic by-products are not solid waste when they are reclaimed (SEE ALSO: RPC# 8/28/92-01).
 
11/26/1991DISCARDED WASTEWATER AT A CORROSION CONTROL FACILITYMemo
 Description: Discarded wastewater containing methylene chloride at a corrosion control facility is a solid waste. There is insufficient information to determine if the waste is hazardous. Methylene chloride is listed under both F001 and F002.
 
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).
 
11/07/1991CONCURRENCE ON THE USE OF SECTION 7003 TO COMPEL THE CLEAN-UP OF AN OIL SPILLMemo
 Description: The use of RCRA 7003 to compel the cleanup of an oil spill is appropriate, regardless of whether oil exhibits a characteristic of hazardous waste. Spilling meets definition of disposal, and spilled material generally qualifies as solid waste. The Oil Pollution Act (OPA) may also be used to compel cleanup of an oil spill. Provides a summary of OPA’s enforcement authority.
 
11/04/1991REGION V FUEL-BLENDING FACILITIES CONCERNSMemo
 Description: An unit used to blend or treat hazardous waste to produce a fuel is subject to permitting. BIFs can burn low-Btu waste after conducting emission testing and certifying compliance. Unit processes used to raise Btu value of a hazardous waste (e.g., phase separation, centrifugation) require a permit.
 
11/01/1991MULTISOURCE LEACHATE (F039) WASTE CODE AS IT APPLIES TO CONTAMINATION FROM SPILLSQuestion & Answer
 Description: Water that has percolated through soils contaminated with more than one listed hazardous waste is normally F039, since spills and drips of hazardous waste which have collected in soil are normally land disposed wastes.
 
11/01/1991REMOVAL OF TOXICITY CHARACTERISTIC WASTES FROM A SURFACE IMPOUNDMENTQuestion & Answer
 Description: The one-time removal of toxicity characteristic (TC) waste from a surface impoundment on or after the TC rule’s effective date does not subject the unit to regulation (55 FR 11798; March 29, 1990). The unit can then be used to manage nonhazardous waste. The surface impoundment holding TC waste that is left in place and that is not actively managed after the TC effective date is not subject to regulation.
 
11/01/1991TRANSFER FACILITY AS CENTRAL COLLECTION POINTQuestion & Answer
 Description: Transfer facilities can serve as a central collection points for the consolidation of wastes from several locations or from generation sites, provided the collection center meets the definition of a transfer facility.
 
10/31/1991PHOSPHORIC RINSE-ACID USED IN FERTILIZER MANUFACTURINGMemo
 Description: Phosphoric acid from aluminum anodizing is not a solid waste when used in fertilizer manufacturing.
 
10/29/1991SERVICE STATIONS AND RECYCLING USED OIL FROM PRIVATE PARTIESMemo
 Description: No federal regulations prohibit service stations from accepting do-it-yourselfer (DIY) used oil (SEE ALSO: Part 279).
 
10/29/1991TCLP EXTRACTIONS APPLIED TO LIQUID WASTES, OILS AND SOLVENT-BASED PRODUCTSMemo
 Description: Provides suggested analytical steps when inconclusive results are obtained from application of the TCLP to solvent and oily wastes. Generators may always apply their knowledge in lieu of testing. TCLP analysis is unnecessary for used oil destined for recycling.
 
10/25/1991MANAGING THE CORRECTIVE ACTION PROGRAM FOR ENVIRONMENTAL RESULTS: THE RCRA FACILITY STABILIZATION EFFORTMemo
 Description: Discusses the RCRA corrective action stabilization strategy and the RCRA stabilization initiative. Interim measures are encouraged for addressing imminent risks, stabilizing sources, and preventing the spread of contamination. Includes an interim measures selection decision tree and stabilization strategy questionnaire.
 
10/22/1991INDUSTRIAL EQUIPMENT THAT FORMERLY CONTAINED HAZARDOUS WASTEMemo
 Description: An out-of-service pump that contains mercury could qualify as a container if it is portable. The empty container provisions in 261.7 may apply to a pump meeting the definition of container.
 
10/17/1991EXTENSION DATE FOR THE UNIFORM HAZARDOUS WASTE MANIFESTMemo
 Description: A manifest with a 9/30/91 expiration date may be used through 9/30/92. Cross out the printed 1991 expiration date and replace it with the new 1992 expiration date (SUPERSEDED: manifest extended to 9/30/99 by 61 FR 54998; 10/23/96).
 
10/16/1991ANALYSIS OF RETESTING PROCEDURES PAPERMemo
 Description: Retesting sampling strategies may need to be established to accurately analyze groundwater monitoring data.
 
10/11/1991MATERIALS USED IN FERTILIZER PRODUCTION MANAGEMENTMemo
 Description: Characteristic baghouse dust from which lead will be recovered before dust is incorporated into a fertilizer is a solid waste at the point of generation because a portion of the sludge will be used in a manner constituting disposal. A legitimate recycling process is exempt from regulation. Hazardous waste-containing fertilizer is exempt if it meets the conditions in Section 266.20(b).
 
10/11/1991MATERIALS USED IN FERTILIZER PRODUCTION MANAGEMENTMemo
 Description: A characteristic sludge used to make fertilizer is a solid waste, even if it is first sent to a facility for lead reclamation. The solid waste determination for a recycled material is made at the point of generation and must account for the entire recycling process. D008 baghouse dust used in fertilizer production is a solid waste used in a manner constituting disposal. Fertilizer produced for the general public's use that meets land disposal restrictions (LDR) treatment standards is no longer subject to regulation.
 
10/11/1991MATERIALS USED IN FERTILIZER PRODUCTION MANAGEMENTMemo
 Description: Characteristic sludge (D008) used to make fertilizer is a solid waste, even if first sent to a facility for lead reclamation. Fertilizer produced for the general public's use that meets land disposal restrictions (LDR) treatment standards is no longer subject to regulation under the use in a manner constituting disposal exemption. Dicusses the history of use constituting disposal regulations. The solid waste determination for a recycled material must be made at the point of generation and must account for the entire recycling process, not only the first step. Addresses the elements of legitimate recycling.
 
10/09/1991EXEMPTION FROM PARTICLE SIZE REDUCTION STEP IN TCLPMemo
 Description: Generator knowledge may include previous testing data on similar waste. The generator must test or apply knowledge to make a determination of hazardous waste characteristics. The TCLP particle size reduction method is up to the lab’s best professional judgment.
 
10/01/1991ANALYTICAL METHODS FOR CONDUCTING TESTING UNDER THE TC RULEMemo
 Description: Up until June 21, 1990 the analytical methods for the toxicity characteristic of arsenic, selenium, and mercury were 7060, 7061,7740, 7470, and 7471. On June 21, 1990, the Agency promulgated method 6010.
 
10/01/1991APPLICATION OF THE SHAM RECYCLING POLICY TO CERTIFIED BOILERS AND INDUSTRIAL FURNACESQuestion & Answer
 Description: Certified BIFs are not required to prove that the wastes burned have heating value of 5,000 Btu/lb or more. Certification of compliance with air emission standards satisfies the protection of human health and environment requirements.
 
10/01/1991LOCATION STANDARDS FOR HAZARDOUS WASTE MANAGEMENT FACILITIESMemo
 Description: A summary of the regulatory restrictions for the siting of hazardous waste TSDFs. The current location standards restrict TSDFs from locating in 100-year floodplains and areas prone to severe earthquake damage. EPA is developing more restrictive criteria.
 
10/01/1991TSDF CLOSURE/POST-CLOSURE AFTER LOSS OF INTERIM STATUSQuestion & Answer
 Description: An owner of a facility that has lost interim status (LOIS) must still comply with the Part 265 closure and post-closure requirements. a facility can lose interim status due to the owner’s failure to submit a certification of compliance with the groundwater monitoring and financial responsibility requirements.
 
09/30/1991QUANTUM TECH PLASMA ARC UNIT - REGULATORY CLASSIFICATIONMemo
 Description: Plasma arc and infrared units without afterburners are not included in the definition of incinerator and should be regulated as miscellaneous units (SEE ALSO: 57 FR 38558; August 25, 1992).
 
09/27/1991CALIFORNIA LIST PROHIBITIONS APPLICABILITY AFTER THIRD THIRD RULEMemo
 Description: Liquid and nonliquid PCBs must be incinerated. Waste subject to the land disposal restrictions (LDR) national capacity variance must meet California list standard before disposal (SUPERSEDED: California list removed, see 62 FR 25997; May 12, 1997). The halogenated organic compound (HOC) standards apply only to characteristic wastes, listed wastes are not subject because they have their own treatment standard or are newly-listed.
 
09/27/1991DESIGNATED FACILITY UNDER THE TREATABILITY STUDY EXCLUSIONMemo
 Description: The designated facility definition allows the shipment of waste from a state where it is hazardous to a state where it is not hazardous. The manifest requirements should be followed as required by the originating state. Discusses the applicability to shipment of excluded treatability study samples from states where it is not excluded.
 
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)).
 
09/24/1991REGULATORY STATUS OF SOLVENT-CONTAMINATED SHOP TOWELS, RAGS AND WIPERSMemo
 Description: Regions currently determine the regulatory status of solvent-contaminated shop towels, rags and wipers. The policy allows determinations to be made on a case-by-case basis that accounts for site-specific circumstances. Authorized states may be broader in scope or more stringent (SEE ALSO: RPC# 2/14/94-01).
 
09/23/1991BIF REGULATIONS EFFECTS ON INDUSTRIAL BOILERMemo
 Description: The BIF regulations exempt units burning low hazard waste from many of the emission standards but not from permitting.
 
09/20/1991TREATMENT OF HAZARDOUS WASTE FROM LARGE QUANTITY GENERATORSMemo
 Description: Both LQGs and SQGs can treat in accumulation tanks or containers without a permit if the treatment is in compliance with the 262.34 generator accumulation requirements. Generators who accumulate waste in 262.34 units must comply with the waste analysis plan (WAP) requirements per 268.7(a)(4). Treatment in generator accumulation units cannot violate the dilution prohibition.
 
09/11/1991USE OF ASTM METHOD D-56 IN IGNITABILITY DETERMINATIONSMemo
 Description: Addresses the possible use of ASTM method D-56 to test the flash point of a potentially ignitable (D001) liquid as an alternative to the two methods specified in 261.21.
 
09/06/1991DETERMINATION OF THE IGNITABILITY CHARACTERISTICMemo
 Description: There is no test method for ignitable solids (D001), the generator should apply knowledge (SEE ALSO: SW-846 Method 1030 (62 FR 32451; June 13, 1997). The analyses of solids may help determine if any detectable compounds are known to be ignitable. Meeting any, not all, of the ignitability properties renders a waste hazardous. There is no specific definition of “liquid” for purposes of the Pensky-Martens closed tester (SEE ALSO: RPC# 10/20/93-01) (SEE ALSO: 60 FR 3092; June 13, 1997).
 
09/04/1991RCRA ARAR DETERMINATION AT MAXEY FLATS SUPERFUND SITEMemo
 Description: Vials containing waste radioactive scintillation cocktails using xylene or toluene as a reaction medium are F003 and/or F005 if they meet the applicable solvent percentage thresholds (SEE ALSO: RPC# 3/1/89-04). If they are listed or characteristic, the cocktails must be managed as RCRA hazardous wastes.
 
08/30/1991LEAD PAINT REMOVAL DEBRIS AND THE TCLP PROCEDUREMemo
 Description: Adding iron or other material to lead-based paint (LBP) removal waste (or to removal abrasive) to mask the lead (D008) characteristic is not legitimate and may subject the generator to additional liability. Whether the masking agent is added to the paint removal abrasive prior to the abatement process or added to the waste following generation is immaterial (SEE ALSO: RPC# 7/3/91-02).
 
08/30/1991RESIDUALS MATERIALS CONTAMINATED WITH TRACE SOLVENTSMemo
 Description: Discusses solvent carryover. When a metal part is cleaned using an F-listed solvent, then air dried and blasted, the blasting grit containing trace levels of the solvent is not F001-F005 or listed via the mixture rule. If the solvent was used in excessive amounts during the initial cleaning, the solvent in the grit could be F-listed.
 
08/30/1991TSDFS AS GENERATORSMemo
 Description: Residues from the treatment of hazardous waste could cause a TSDF to be a generator. A TSDF may also generate other kinds of waste than those generated as a result of treatment.
 
08/30/1991UNDERGROUND 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.
 
08/19/1991INTERIM STATUS UNDER THE BIF RULEMemo
 Description: Provides a clarification of the interim status qualification criteria for BIFs due to the BIF rule. A facility with a history of handling hazardous waste (HW) before the effective date of the BIF rule (8/21/91) are clearly eligible for interim status. When waste is not yet handled by the effective date, it is a complicated determination dependent upon the criteria in 3005(e). The criteria include the definition of in existence, in operation, under construction, substantial loss due to contractual obligation, and reasonable time to complete construction. State and local approvals of permits are necessary to begin physical construction. Addresses state moratoriums on facilities obtaining interim status. Discusses 3010 ID number requirements for BIFs and pre-compliance certification.
 
08/15/1991Environmental Fact Sheet: Amendment to the Regulations for Burning Hazardous Waste in Boilers and Industrial FurnacesPublication
 Description: This fact sheet explains the technical amendment to the final boiler and industrial furnace rule, clarifies the regulation (56 FR 7134), and corrects certain provisions that could result in unintended consequences.
 
08/15/1991Environmental Fact Sheet: Coke Ovens Temporarily Exempted from BIF Rule ProvisionsPublication
 Description: This fact sheet announces an administrative stay on permitting standards for boilers and industrial furnaces as applied to thirty-four coke ovens that recycle hazardous waste.
 
08/07/1991BIF RULE APPLIED TO NEWLY REGULATED UNITS AT INTERIM STATUS FACILITIESMemo
 Description: To obtain interim status as a newly regulated unit, a BIF must meet definition of an existing facility. Physical construction may commence after August 21, 1991 if the owner has entered into a contractual obligations for physical construction, and has obtained the necessary permits under changes during interim status.
 
08/05/1991APPLICABILITY OF THE TOXICITY CHARACTERISTIC RULE TO UNREGULATED HEAVY METALSMemo
 Description: Certain heavy metals (e.g., vanadium, copper, zinc, nickel, tin, antimony) are not regulated constituents under the toxicity characteristic because they have not yet been assigned MCLs and EPA's fate and transport model does not fully account for the behavior of metals.
 
08/05/1991REGULATORY STATUS OF RESIDUES FROM SECONDARY LEAD SMELTERS THAT RECYCLE K069 WASTES; RESIDUES FROM SECONDARY LEAD SMELTERS THAT RECYCLE K069 WASTESMemo
 Description: EPA did not intend for slags and drosses from secondary lead smelting where K069 is used as a feedstock to be listed K069 via the derived-from rule. Such smelting residues may be hazardous waste if they are characteristic. Discusses the indigenous principle for recycled furnace wastes.
 
08/02/1991CARBON REGENERATION UNITS - REGULATORY STATUSMemo
 Description: Carbon regeneration units regulated under Part 264, Subpart X or Part 265, Subpart P is Thermal Treatment. Discussion of regulatory status of carbon regeneration units in states authorized and unauthorized for February 21, 1991 BIF rule (56 FR 7134) (SEE ALSO: RPC 1/5/98-01).
 
08/01/1991REGULATORY STATUS OF OFF-SPECIFICATION CIRCUIT PRINTING BOARDSQuestion & Answer
 Description: An unused circuit board is a commercial chemical product (CCP) and is not a solid waste when reclaimed. For purposes of Section 261.2 (SEE ALSO: 261.4(a)(14) exclusion for shredded circuit boards), EPA interprets a CCP to include all types of unused CCPs that exhibit characteristics (e.g., circuit boards, batteries (battery)) (SEE ALSO: 45 FR 78541; November 11 1980 for Section 261.33; RPC# 2/23/93-02). Section 261.2(f) documentation may be required.
 
07/31/1991TC RULE HAZARDOUS WASTE DETERMINATIONMemo
 Description: Pulp and paper mill wastes should be sampled at an outlet from the bleach plant (point of generation), prior to commingling (mixing) with other wastestreams, to determine whether they exhibit the toxicity characteristic for chloroform (D022). The dilution of characteristic hazardous waste at a pulp and paper mill is acceptable for CWA compliance provided there is no specified method of treatment (58 FR 29860; 5/24/93). The definition of aggressive biological treatment (ABT) units for the purposes of the F037 and F038 listings does not apply to the exemption for biological treatment units from the surface impoundment minimum technical requirements.
 
07/26/1991UNIFORM HAZARDOUS WASTE MANIFEST COMPLETION INSTRUCTIONSMemo
 Description: The generator is responsible for designating a second transporter when hazardous waste is transferred from rail to highway. The generator is responsible for knowing who is transporting the hazardous waste so that he can ensure that the waste will reach the designated facility.
 
07/12/1991RCRA APPLICABILITY TO POTASSIUM PERMANGANATE AND MANGANESE DISPOSALMemo
 Description: Wastewater treatment sludges from POTWs or other facilities discharging pursuant to CWA are subject to all applicable Subtitle C regulations when treated, stored, or disposed. Generally, sludges from POTWs are hazardous waste only if they are characteristic. POTW sludges are unlikely to exhibit characteristics. Spent potassium permanganate and manganese from the garment industry are unlikely to be ignitable (D001) oxidizers.
 
07/10/1991DELISTING PETITION FOR INCINERATOR ASHMemo
 Description: EPA will dismiss delisting petitions that are either seriously deficient or incomplete after 6 months of an Agency request for additional information. A facility can submit a new petition.
 
07/09/1991METHODOLOGIES EMPLOYED IN USED OIL SAMPLINGMemo
 Description: Discusses the 1989-1990 used oil sampling data that was gathered to support the used oil characterization effort. Used oil was analyzed for compositional characteristics and analyzed via TCLP. 7 types of used oils were analyzed. The results do not reflect regional variations as all samples, where possible, were taken from the Washington, D.C. area. Addresses the role of TCLP and other methods used in the determination (SEE ALSO: 57 FR 41566; 9/10/92).
 
07/05/1991APPLICABILITY OF THE “MIXTURE” RULE TO PETROLEUM REFINERY WASTEWATER SYSTEMS Memo
 Description: Addresses petroleum wastewater separation sludges. Liquid from which F037 and F038 listed sludge is generated is not itself a listed waste via the mixture rule unless the sludge is mixed with the liquid (e.g., sludge is scoured upon the introduction of the waste to the unit).
 
07/03/1991DRAFT REGION VIII POLICY ON “AGGRESSIVE BIOLOGICAL TREATMENT”Memo
 Description: Sludges formed in aggressive biological treatment (ABT) units are not F037 or F038. Only secondary or tertiary treatment units qualify as ABT units. ABT units receiving or generating toxicity characteristic hazardous waste are subject to all applicable rules. F037/F038 sludges can be formed in ABT units that are not operating properly.
 
07/03/1991TCLP AND LEAD PAINT REMOVAL DEBRISMemo
 Description: Provides general guidance for the representative sampling of lead-based paint abatement wastes (debris and abrasives) from drums, roll off boxes, and other containers. Shipments of LBP abatement wastes from a field site (bridge repair) to a central accumulation point must generally be accompanied by a manifest. The central accumulation point must be a transfer facility or a TSDF to accept manifested hazardous waste. Generators conducting lead-based paint (LBP) abatement must test the wastes using TCLP unless they can apply knowledge to determine characteristics (SEE ALSO: 63 FR 70233, 70241; 12/18/98). If an LBP waste first tests nonhazardous in TCLP due to the masking effect of an iron abrasive but exhibits the characteristic prior to disposal, all hazardous waste regulations apply. LBP abatement wastes that are characteristic for lead may be stabilized on site during accumulation in tanks or containers without a permit.
 
07/01/1991ENFORCEMENT OF AIR-EMISSIONS STANDARDS ON RCRA-EXEMPT UNITS (DUPLICATED IN AUGUST 1991)Question & Answer
 Description: States may not recognize exclusions promulgated under the federal program and may implement provisions that are considered broader in scope. EPA does not have enforcement authority for provisions in authorized states which are broader in scope.
 
07/01/1991Environmental Fact Sheet: Coke Waste Proposed as HazardousPublication
 Description: Announces EPA's proposal for listing seven wastes from the coke byproducts industry as hazardous. The proposal does not affect those wastes that are recycled back into the manufacturing process. In addition, process wastewaters are not being listed as hazardous. This document is still available, but it has been replaced by 530-F-92-021
 
07/01/1991TRUCK TRANSPORT OF WASTEWATER FOR PURPOSES OF SECTION 261.3(A)(2)(IV)(A)Question & Answer
 Description: A solvent-wastewater mixture transported to a wastewater treatment unit (WWTU) by truck qualifies for the Section 261.3(a)(2)(iv) exemption provided the WWTU is subject to Sections 402 or 307(b) of CWA, and the wastewater meets the de minimis levels specified in Section 261.3(a)(2)(iv).
 
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.
 
06/21/1991POSITION PAPER ON SPENT ABSORBENT MATERIALSMemo
 Description: CESQGs may dispose of hazardous waste in a sanitary or municipal solid waste landfill as long as the landfill is permitted, licensed, or registered by the state to manage municipal or industrial solid waste (SEE ALSO: 261.5(g)(3)). An absorbent and waste mixture containing a free liquid phase with a flash point less than 140 F is D001. A sorbent and waste mixture with no free liquid is D001 only if it qualifies as an ignitable solid. DOT hazard classes do not correspond directly to RCRA characteristics. The deliberate mixing of hazardous waste and absorbents to render waste nonhazardous may be treatment subject to permitting (SEE ALSO: 264.1(g)(10)) and 268.3). If an absorbent is mixed with waste that is listed solely for exhibiting a characteristic, the mixture is not hazardous waste if it does not exhibit the characteristic (SEE ALSO: 66 FR 27266; 5/16/01). A mixture of absorbent and used oil is subject to Part 266, Subpart E (SUPERSEDED: See Part 279) if destined for energy recovery.
 
06/21/1991SOLDER SKIMMINGS REGULATORY INTERPRETATIONMemo
 Description: Discusses by-products v. spent materials. Solder skimmings "drosses" are classified either as by-products or spent materials depending on how they are generated. Characteristic by-products are not solid waste when reclaimed. Generally, dross generated from solder production is a by-product, and dross from using solder is spent material. EPA studying the issue further (SUPERSEDED: See RPC# 8/28/92-01).
 
06/21/1991SPENT ANTIFREEZE AND THE TOXICITY CHARACTERISTICMemo
 Description: Discusses the use of TCLP to determine if spent antifreeze exhibits the characteristic for lead. The extraction procedure (EP) and TCLP are functionally equivalent for liquid wastes, since both lead to a direct analysis of the liquid. Extraction procedure toxic wastes are a subset of all hazardous waste. Generators may apply their knowledge instead of testing.
 
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.
 
06/19/1991SURROGATE RECOVERYMemo
 Description: Testing surrogate recovery is used to demonstrate correct sample preparation and absence of matrix effects in test method. The omission of surrogates in analysis in which they are called for is a deviation. The absence of surrogate data does not in itself invalidate an analysis.
 
06/14/1991REGULATORY STATUS OF PETROLEUM-WATER MIXTURESMemo
 Description: A mixture of a petroleum fuel product and water is an off-specification CCP and not a solid waste when destined for reclamation. If the mixture is a result of intentional mixing or purposeful nonseparation of product and hazardous wastewater to avoid regulation, the mixture may be solid waste.
 
06/13/1991TCLP EXTRACTIONS AS THEY APPLY TO OILY WASTEMemo
 Description: The Agency does not recommend applying the TCLP test to oily waste. If oily waste is used oil, characterization is unnecessary if going for recycling (SEE ALSO: Part 279). If the TCLP is inconclusive on oily wastes, the generators may use knowledge.
 
06/10/1991VOLATILIZATION OF SOLVENTS COUNTED AS SOLVENTS USEDMemo
 Description: The solvent volume calculation for the purposes of the wastewater mixture rule exclusion must use records of solvent consumption (e.g., invoices) to establish the amount of solvent in the wastewater but may subtract solvent that does not flow into the headworks. The calculation must include solvents which volatilize during paint stripping (See 261.3(a)(2)(iv)(A) and 261.3(a)(2)(iv)(B)).
 
06/06/1991INDUSTRIAL FURNACE WHICH CEASES BURNING STATUS UNDER BIF REGULATIONMemo
 Description: If an industrial furnace ceases making product or halts industrial activity and burns hazardous waste for destruction, the unit is no longer a cement kiln, and must obtain Subpart O incinerator permit.
 
06/05/1991CERTIFICATION/NOTIFICATION FOR MULTIPLE-CONSTITUENT WASTES SUBJECT TO LDRSMemo
 Description: Waste as a whole, not individual constituents, must be certified to meet the treatment standards. If waste as generated meets the treatment standards for some constituents but not others, the generator must notify the TSDF that waste does not meet the land disposal restrictions (LDR) treatment standard.
 
06/05/1991TWO WASTE OIL MANAGEMENT PRACTICES REGULATORY STATUSMemo
 Description: Used oil (UO) applied/sprayed as a coal dust suppressant before burning coal as a fuel may be legitimate recycling depending on the amount used and the constituents in the UO. A UO and coal mixture is subject to the Part 266, Subpart E (SUPERSEDED: see Part 279) UO burning requirements. Characteristic UO used as a substitute ingredient for diesel in an ammonium nitrate fuel oil (ANFO) explosive may not be legitimate recycling. If UO is not a legitimate ingredient, mixing it with ammonium nitrate is treatment, and the mixture, when exploded, may be subject to the open burning/open detonation regulations of 265.382. Addresses RCRA/ Mine Safety and Health Administration (MSHA) interface. There is an overlap between EPA and MSHA, but neither agency’s jurisdiction supersedes the other’s.
 
06/01/1991ADMINISTRATIVE STAY FOR WOOD PRESERVING WASTESQuestion & Answer
 Description: Description of administrative stay of the effective date for wood preserving wastes F032, F034, and F035.
 
06/01/1991WITHDRAWAL OF AN INTERIM STATUS PART A PERMIT APPLICATIONQuestion & Answer
 Description: A generator in compliance with Section 262.34 who filed a Part A application is not subject to the Part 265 standards. The procedures for protective filers to follow in withdrawing Part A application.
 
05/31/1991DRIPPAGE IN WOOD PRESERVING STORAGE YARDSMemo
 Description: Incidental drippage after the removal of treated wood from drip pad is not illegal hazardous waste disposal, provided the owner and/or operator responds immediately. An immediate response determination is site-specific. A facility must have a contingency plan and must keep records of the response.
 
05/30/1991HOUSEHOLD 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).
 
05/30/1991NICKEL-CADMIUM BATTERIES RECYCLINGMemo
 Description: Provides a general discussion of the regulation of nickel-cadmium (NiCad, NiCd) batteries and state legislation requiring manufacturers to take back spent batteries (take-back programs) (SEE ALSO: Part 273).
 
05/29/1991ELECTROPLATING WASTESMemo
 Description: Anode bags are spent materials when removed from electroplating bath for reclamation. Spent anode bags are both reactive (D003) and F007. Bags can be washed in an accumulation tank/container without a permit under Section 262.34. Filter media, and residue from the apparatus used to filter cyanide plating bath are D003 (reactive) and F008, but not F007. A cleaning bath that does not contain cyanides is not F009.
 
05/29/1991NO-MIGRATION PETITION FOR CONOCO, MTMemo
 Description: The determination of environmental threats from land treatment facilities seeking land disposal restrictions (LDR) no-migration petitions are based on sensitivity of environmental receptors, presence of exposure pathways to receptors, and exposure to contaminants at hazardous levels. Discussion of criteria required to properly assess such threats.
 
05/29/1991NO-MIGRATION PETITION FOR TEXACO, WAMemo
 Description: Summary of demonstrations that must be made in no-migration petitions.
 
05/29/1991PARTICLE SIZE REDUCTION PROCEDURE FOR TCLP SAMPLES OF DRY CELL BATTERIESMemo
 Description: The Agency is unable to determine if sample freezing with liquid nitrogen to facilitate grinding and crushing would alter accuracy of TCLP.
 
05/21/1991APPLICABILITY OF THE TCLP TO WASTE MUNITIONSMemo
 Description: The mandatory hazardous waste determination should be based on knowledge when the application of TCLP to discarded munitions would result in an inherently unsafe situation due to the particle reduction step. The exemption from TCLP is unwarranted because generators can apply their knowledge.
 
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.
 
05/21/1991COMPACTING HAZARDOUS WASTE INSIDE STEEL DRUMS AS TREATMENTMemo
 Description: Compacting hazardous waste in a steel drum is treatment if the reduction in volume results in a change in the physical, chemical, or biological character or composition of the waste. Compacting in generator accumulation containers would not require a permit.
 
05/17/1991RCRA CORRECTIVE ACTION PROGRAMMemo
 Description: Discusses EPA’s long term corrective action strategy including; prioritization initiatives, stabilization policies, tailoring corrective action based on site-specific factors, future changes to RCRA Statute and regulations, and strategies for permitting interim status facilities.
 
05/16/1991CALIFORNIA LIST PROHIBITIONSMemo
 Description: California list prohibitions are superseded, except for PCBs, halogenated organic compounds, nickel, and thallium. The California list does not apply to newly-identified wastes. Listed wastes are no longer subject to the halogenated organic compound prohibition (SEE ALSO: RPC# 9/28/94-04, 60 FR 43654; 8/22/95), but may be subject to the nickel and thallium ban (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
05/16/1991RETURNED PHARMACEUTICAL PRODUCTSMemo
 Description: Unused pharmaceuticals returned to the manufacturer (reverse distribution system) are not yet discarded because the decision has not been made whether they are to be reused, reclaimed, or appropriately disposed (point of generation). Returned products are not solid waste until the decision has been made to discard them.
 
05/09/1991METHODS 8240 AND 8260 DIFFERENTIATION AND EQUIVALENCYMemo
 Description: Method 8240 uses packed columns, and Method 8260 uses open tubular capillary columns. Discussion of the substitution of capillary columns for packed columns if acceptable accuracy and precision by Method 8000 Section 8.6 is demonstrated.
 
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).
 
05/02/1991CLOSURE STANDARDS FOR HAZARDOUS WASTE LAND TREATMENT UNITSMemo
 Description: Soil sampling is usually required during land treatment unit closure and post-closure as part of the unsaturated zone monitoring. If the treatment unit is removed as a part of clean-closure, the soil-core monitoring may be suspended at the completion of the closure period. Discusses guidance on intervals for, and duration of, soil sampling during closure and post-closure. There is no EPA-approved methods for determining degradation rates. Closure of a land treatment unit may take up to 360 days. Discussion of closure and post-closure standards for a land treatment units when migration of hazardous constituents has occurred. Discussion of closure standards when groundwater is contaminated at levels below alternate concentration levels specified in a facility permit. The post-closure period for a land treatment unit cannot be terminated until owner or operator has successfully demonstrates that all groundwater at the site is safe for all potential receptors. Discuses addressing migration of constituents of concern outside of the treatment zone during closure versus under corrective action. There are no regulatory provisions requiring corrective action when migratory constituent concentrations exceed regulatory levels of concern in groundwater at an interim status land treatment facility (3008(h)). Discussion of when closure is considered complete.
 
05/01/1991APPLICABILITY OF THE TOXICITY CHARACTERISTIC AND THE TCLPMemo
 Description: Generators may test or apply knowledge to make a hazardous waste determination. Generators may limit testing to those constituents that are likely to be present in the waste.
 
05/01/1991COMPARATIVE DEFINITIONS OF F001 AND F002Question & Answer
 Description: The type of degreasing determines whether tetrachloroethylene, trichloroethylene, methylene chloride, and 1,1,1-trichloroethylene receive the F001 or F002 listings. F001 applies to large-scale industrial degreasing, and F002 applies to equipment cleaning, and smaller scale degreasing operations.
 
05/01/1991NO-MIGRATION PETITION FOR ROBINSON, ILMemo
 Description: Guidance on the revision of an existing petition or withdrawal and resubmission of a new petition after EPA’s denial of a land disposal restrictions (LDR) no-migration petition for a land treatment unit and surface impoundment.
 
05/01/1991TCLP PARTICLE SIZE REDUCTION EXEMPTION FOR MUNITIONSMemo
 Description: Particle reduction in TCLP is unsafe for military munitions. Facilities may apply knowledge to determine characteristic.
 
04/30/1991LEAD SHIELDING