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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
Show details for BatteriesBatteries
Show details for Best Demonstrated Available Technology (BDAT)Best Demonstrated Available Technology (BDAT)
Show details for Bevill AmendmentBevill Amendment
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Show details for Conditionally Exempt Small Quantity Generators (CESQG)Conditionally Exempt Small Quantity Generators (CESQG)
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Show details for GasGas
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09/05/2001USE OF MAXIMUM CONTAMINANT LEVELS IN RCRA REGULATIONSMemo
 Description: The regulated community should comply with the maximum contaminant levels (MCLs) as stated in 40 CFR Appendix I, 258.40, and 265 Appendix III, not the MCLs as revised under the Safe Drinking Water Act (SDWA). Most states have approved solid and/or hazardous waste programs and may have more stringent requirements.
 
06/01/1998MONOFILLS EXEMPT FROM THE MINIMUM TECHNOLOGICAL REQUIREMENTSQuestion & Answer
 Description: RCRA contains no general statutory or regulatory definition of a monofill. RCRA Section 3004(o)(3) states that the minimum technological requirements (MTR) may be waived by the Administrator for any monofill under certain conditions. The unit must have at least one liner with no evidence of leakage, be located more than one-quarter mile from an underground source of drinking, and be in compliance with the applicable groundwater monitoring requirements (Section 3005(j)).
 
04/01/1998LAND DISPOSAL UNITS AND LOSS OF INTERIM STATUSQuestion & Answer
 Description: Land disposal facilities (LDF) which obtained interim status prior to November 8, 1984, lost interim status on November 8, 1985, unless the owner/operator submitted a Part B application prior to November 8, 1985 and certified compliance with all applicable groundwater monitoring and financial responsibility requirements. LDFs that obtain interim status after November 8, 1984, lose interim status twelve months after the effective date of the statutory or regulatory change that subjected them to the permitting requirements, unless they submit a Part B before the twelve-month deadline and certify compliance with applicable groundwater monitoring and financial requirements.
 
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.
 
02/01/1997DELAY OF CLOSUREQuestion & Answer
 Description: Owners and operators of hazardous waste surface impoundments, landfills, and land treatment units can delay the closure timetable beyond the 90-day period and allow the units to accept nonhazardous waste, if the units meet the conditions of Sections 264.113(d)/265.113(d). Owners or operators of tanks, containers, waste piles, and incinerators are not allowed to delay closure. These units must comply with all applicable closure standards before being able to accept nonhazardous waste.
 
01/01/1997LAND 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
 
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.
 
10/30/1996CLARIFICATION ON THE USE OF A PASSIVE MULTI-LEVEL GROUNDWATER SAMPLING DEVICEMemo
 Description: Agency guidance on groundwater monitoring describes three main categories of groundwater sampling devices: grab, positive displacement pumps, and suction lift pumps. EPA may approve the use of other devices if the owner/operator demonstrates that the device will yield representative groundwater samples. EPA concludes that the use of a passive multi-level sampling device (DMLS) can produce representative samples.
 
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.
 
06/01/1996DELAY OF CLOSURE FOR NON-RETROFITTED HAZARDOUS WASTE SURFACE IMPOUNDMENTS CONTINUING TO RECEIVE NON-HAZARDOUS WASTEQuestion & Answer
 Description: A surface impoundment newly subject to regulation may cease receiving hazardous waste before the four-year mandatory retrofitting deadline and thus avoid minimum technological requirements (MTR). An owner may continue receiving nonhazardous waste indefinitely without closing. The owner of a surface impoundment that ceases receiving hazardous waste does not have to begin closure activities until 90 days after the final receipt of nonhazardous waste. An impoundment not in compliance with Section 265.113(e) must begin closure within 90 days after the 4-year retrofitting period (Section 3005(j)).
 
06/01/1996HAZARDOUS WASTE LIQUID-CONTAINING PUMPS AND THE LIQUIDS IN LANDFILLS PROHIBITIONQuestion & Answer
 Description: Owners and operators have three options for disposing of containerized liquids in landfills: remove liquid, add sorbent or solidify, or eliminate by other means. There is no requirement to dismantle pumps containing free liquids prior to disposal in a landfill under the liquid in landfill prohibition. There is no requirement to remove or sorb free liquids in containers such as pumps holding liquids for use other than storage.
 
05/30/1996STATUS 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).
 
05/01/1996SURFACE 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.
 
02/27/1996CLARIFICATION OF THE ""MIXTURE RULE,"" THE ""CONTAINED-IN"" POLICY, LDR ISSUES, AND ""POINT OF GENERATION"" FOR U096Memo
 Description: U096 spilled on soil is subject to the contained-in policy. The contained-in policy does not specify levels at which contained-in determinations must be made. EPA leaves contained-in determinations to the discretion of the implementing agency. Under the Section 261.3(a)(2)(iii) mixture rule exemption, mixture of hazardous waste listed solely for exhibiting a characteristic (e.g., U096) and solid waste that no longer exhibits a characteristic can be disposed in a subtitle D landfill, but must still meet land disposal restrictions treatment standards (SEE ALSO: 268.3; 61 FR 18780; 4/29/96; 66 FR 27266; 5/16/01).
 
02/20/1996CLARIFICATION OF RCRA CORRECTIVE ACTION PROGRAM WITH REGARD TO TSD UNITSMemo
 Description: RCRA regulated units (surface impoundments, waste piles, land treatment units, and landfills) are solid waste management units (SWMUs). SWMUs are subject to RCRA corrective action authority (i.e., Sections 3004(u) or 3008(h)). Discusses integrated implementation of corrective action for releases to groundwater and other media from regulated units (SEE ALSO: Section 264.90(f) and 63 FR 56710; 10/22/98)). Dual authority is required when conducting cleanup at a regulated unit in a state authorized for RCRA groundwater requirements but not for corrective action. Changes necessary to comply with a corrective action order are exempt from the reconstruction limit. Closure need not be delayed to perform corrective action. EPA encourages coordination between closure and corrective action activities.
 
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.
 
06/01/1995DESIGN CRITERIA EXEMPTION FOR SMALL, ARID, REMOTE MUNICIPAL SOLID WASTE LANDFILLSQuestion & Answer
 Description: Small municipal solid waste landfills (MSWLFs) in arid or remote areas (those that are exempt from MSWLF design criteria provided there is no groundwater contamination) must work towards compliance with design standards immediately upon the discovery of contamination.
 
04/05/1995DELAY RULE FOR SUBTITLE D FINANCIAL ASSURANCEMemo
 Description: April 9, 1997 is the new deadline for municipal solid waste landfills to obtain financial assurance. This delay will allow the development of local government and corporate financial test mechanisms.
 
03/07/1995APPLICABILITY 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.
 
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.
 
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.
 
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.
 
07/18/1994WASTE 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.
 
06/23/1994ON-SITE TREATMENT OF MANHOLE SEDIMENT WHICH MAY EXCEED THE TOXICITY CHARACTERISTIC FOR LEADMemo
 Description: A material must exceed a 60 mm particle size to meet the debris definition. Debris stabilization with lime, fly ash, or portland cement is considered microencapsulation or immobilization and must be disposed of in hazardous waste landfill if characteristic, or may be disposed of in nonhazardous landfill if not characteristic. Nonhazardous disposal is subject to Section 268.9 for land disposal restrictions (LDR) notification, but not the hazardous waste manifest.
 
06/09/1994APPLICABILITY OF RCRA TO VARIOUS PRODUCTS (E.G., CLINKER, FERTILIZER) PRODUCED BY A CEMENT KILN EQUIPPED WITH A RECOVERY SCRUBBERMemo
 Description: Product clinker and fertilizer that are produced using previously landfilled Bevill exempt cement kiln dust are not subject to Subtitle C as long as the products are commercial grade, do not contain hazardous constituents in excess of those found in comparable products, and have met applicable land disposal restrictions (LDR) treatment standards (SEE ALSO: RPC# 5/17/94-01; 60 FR 6666; 2/7/95).
 
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).
 
04/06/1994CLARIFICATION OF ""ACTIVE MANAGEMENT"" IN CLOSING WASTE MANAGEMENT FACILITIES (SURFACE IMPOUNDMENTS)Memo
 Description: Remediation involving hazardous waste treatment triggers permitting. Whether in-situ stabilization is treatment is a site-specific determination. The regulatory status of the movement of wastes within an area of contamination (AOC) is discussed. A unit (e.g., surface impoundment) inactive prior to the effective date of applicable RCRA rules is not subject to Subtitle C unless the waste is actively managed. A one-time removal of waste is not active management. Waste removed from a unit is subject to all relevant regulations. Inactive units may be solid waste management units (SWMUs) subject to 3004(u), 3008(h), and/ or 7003 corrective action authorities.
 
04/01/1994SURFACE IMPOUNDMENT LEACHATE COLLECTION AND REMOVAL SYSTEMSQuestion & Answer
 Description: A leachate collection and removal system must be in place at least 30 days prior to the receipt of waste at a new surface impoundment. The owner/operator must carry out the construction quality assurance (CQA) program certifying compliance with the design specifications of the permit 30 days prior to the receipt of waste.
 
02/01/1994REGULATORY 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.
 
11/17/1993REGULATORY STATUS AND MANAGEMENT OF LIQUIDS AND ABSORBENT MATERIALS CONTAINING LIQUIDSMemo
 Description: The liquids in landfills prohibition applies only to hazardous waste landfills. Sorbents that are used to clean up non-listed waste are hazardous only if they are characteristic. Liquids must be absorbed prior to placement in municipal solid waste landfills. Used oil is presumed to be recycled until it is sent for disposal. Sorbents containing used oil that will be burned for energy recovery are subject to Part 279. Sorbents that are defined as used oil that will not be burned for energy recovery are managed under Part 279 until they are disposed, even if they are characteristic.
 
10/15/1993CLARIFICATION ON DISPOSAL OF SORBED MATERIALS IN HAZARDOUS WASTE LANDFILLS AND ON POZZOLANIC STABILIZATION OF SORBED MATERIALSMemo
 Description: Wastes treated with biodegradable sorbents cannot be placed in a landfill until after appropriate treatment. Chemical reagents such as pozzolanic stabilization and thermoplastic or organic binders are non- biodegradable sorbents and may be used to meet the liquid in landfill rule standards. Pozzolanic stabilization may not meet land disposal restrictions (LDR) treatment standards, but treatment that meets Part 268 standards generally meets Section 264.314(e) requirements.
 
10/12/1993APPLICABILITY OF THE PAINT FILTER LIQUIDS TEST TO SORBENTSMemo
 Description: Provides clarification on the performance of the paint filter liquids test (PFT, Method 9095). PFT is designed to verify that sorbed wastes do not contain free liquids for the purpose of the hazardous waste landfill regulations. PFT was not designed to evaluate the performance of one sorbent product relative to other sorbents. No wastes, whether sorbed or not, may be placed in a hazardous waste landfill if they release free liquids as determined by the PFT.
 
10/01/1993EFFECTIVE DATE DELAYED FOR CERTAIN MUNICIPAL SOLID WASTE LANDFILLSQuestion & Answer
 Description: Discusses the delay of the effective dates of municipal solid waste landfill criteria for certain landfills. Explains that the financial assurance effective date was extended to April 9, 1995. The groundwater monitoring exemption for very small, arid, and remote landfills has been removed.
 
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.
 
04/19/1993DISCUSSION PAPER ON POSSIBLE UNIVERSAL WASTEMemo
 Description: EPA is evaluating the applicability of the household hazardous waste (HHW) exclusion to lead-based paint abatement wastes (SEE ALSO: 63 FR 70233, 70241; 12/18/98). Part 279 prohibits the storage of used oil in unlined surface impoundments and applying used oil to roads. Fluorescent bulbs may be conditionally exempt in the future. EPA does not believe that F001-F005 solvents should be included as universal wastes. EPA is currently studying other solvent wastes to determine if they merit a listing (SEE ALSO: 61 FR 42318; 8/14/96). Spent antifreeze may exhibit the toxicity characteristic for lead and/or benzene. EPA is evaluating toxicity characteristic levels for lead and pentachlorophenol (PCP). New MCLs could affect future toxicity characteristic levels. Sandblast grit from the removal of lead-based paint may be D008.
 
03/05/1993U.S. WASTE MANAGEMENT PRACTICES FOR AUTOMOBILES AND AUTO SHREDDER RESIDUEMemo
 Description: Automobile shredder residue (ASR or fluff) and shredded appliances have the potential to exhibit characteristics, and may also contain PCBs above levels of regulatory concern. It is the generator's responsibility to determine whether ASR is hazardous waste before disposal. Provides the estimated ASR yearly generation. Most shredder residue is managed in solid waste (SW) landfills. Some states ban disposal of white goods (appliances) and autos from landfills or impose a consumer surcharge.
 
01/18/1993HAZARDOUS WASTE TESTING ISSUESMemo
 Description: EPA has no data that trivalent chromium oxidizes to hexavalent chromium in a landfill. The TCLP is based on co-disposal scenario. Methods 9010 and 9012 are suggested for a concentration of total cyanide and cyanide amenable to chlorination.
 
11/01/1992MUNICIPAL SOLID WASTE LANDFILL CRITERIAQuestion & Answer
 Description: If only one of three municipal solid waste landfill cells continues to receive waste after October 9, 1991, only that cell must comply with the cover requirements if it closes before October 9, 1993. If the cell continues to receive waste after October 9, 1993, it would need to comply with the Part 258 requirements. Each landfill cell is a separate unit.
 
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.
 
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.
 
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.
 
12/20/1991PUBLIC HEARINGS ON PETITION TO DELIST WASTE FROM APTUS, INC.Memo
 Description: EPA is not required to hold public hearing on delisting petitions. As of 1991, EPA has never held delisting hearings. Proposed delistings must be published in the Federal Register. EPA does not designate specific disposal sites for delisted wastes, but assumes disposal in an unlined solid waste landfill.
 
12/10/1991NO-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.
 
11/08/1991SUBTITLE D AND PULP AND PAPER MILL SULDGEMemo
 Description: No additional regulations are warranted under Subtitle D for landfills and surface impoundments receiving unlisted, dioxin-containing sludge from chlorine and chlorine derivative bleached pulp and paper mills.
 
11/01/1991REMOVAL 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.
 
08/27/1991POTENTIALLY CONFLICTING REGULATION OF INFILTRATION GALLERIES BY THE OGWDW AND OSWMemo
 Description: Injection wells and infiltration galleries are not mutually exclusive. Units that are both infiltration galleries and injection wells were included in the April 2, 1991 extension of the TC compliance date for certain injection wells (56 FR 13406). Units that are infiltration galleries (e.g., leaking surface impoundments) but are not injection wells were not included in the extension.
 
07/31/1991TC 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.
 
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.
 
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.
 
05/02/1991CLOSURE 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.
 
05/01/1991NO-MIGRATION PETITION FOR ROBINSON, ILMemo
 Description: Guidance on the revision of an existing petition or withdrawal and resubmission of a new petition after EPA’s denial of a land disposal restrictions (LDR) no-migration petition for a land treatment unit and surface impoundment.
 
04/22/1991NO-MIGRATION PETITION FOR ATLANTIC REFINING & MARKETING, PAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to releases from the land treatment facility in excess of health based levels, inadequate soil and groundwater monitoring system, noncompliance with other regulatory requirements.
 
03/26/1991SUBSURFACE FATE AND TRANSPORT MODELMemo
 Description: EPA‘s Composite Model for Landfills (EPACML) is a subsurface fate and transport model developed for national regulatory purposes, not site-specific use. EPA is proposing to use EPACML in delisting petitions. EPA discourages application of the model to site-specific corrective actions.
 
03/08/1991SLUDGES WITHIN SURFACE IMPOUNDMENTS, NEWLY REGULATED DUE TO TC RULEMemo
 Description: Toxicity characteristic sludges that are generated in surface impoundments are solid waste (discarded by being abandoned). The sludges are solid waste subject to regulation not only when the surface impoundment is cleaned or closed but when sludge is generated (sludges are generated at the moment of deposition at the bottom of a unit).
 
02/05/1991NO-MIGRATION PETITION FOR KERR-MCGEE REFINING, OKMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment facility, inadequate groundwater monitoring system, and failure to maintain minimum separation between high water table and bottom treatment zone.
 
01/17/1991NO-MIGRATION PETITION FOR SUN REFINING, OKMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to hazardous constituents below treatment zone, inadequate groundwater monitoring system, inability to maintain minimum distance between treatment zone and high water table, and failure to demonstrate no constituents will migrate beyond the land treatment unit.
 
01/03/1991NO-MIGRATION PETITION FOR KOCH'S REFINING, TXMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below the treatment zone and in the groundwater from the land treatment unit.
 
12/20/1990THIRD THIRD LAND DISPOSAL RESTRICTIONS FINAL RULEMemo
 Description: Lab packs going for incineration can be packed in fiber drums, not just metal drums. Discusses the definition of inorganic solid debris. Empty containers may be hazardous if characteristic. A treatment facility must support the determination that waste meets the treatment standard with analytical data. Piped transfers from a recycling facility to an off-site TSDF is subject to land disposal restrictions (LDR) notification (SEE ALSO: 62 FR 25997; May 12, 1997).
 
12/11/1990ASBESTOS/LEAD/SOIL/DEBRIS AS INORGANIC SOLID DEBRISMemo
 Description: Inorganic solids debris is defined as nonfriable wastes contaminated with characteristic metals that do not pass through a 9.5-mm sieve tray. Debris qualifying for a national capacity variance can be disposed of without meeting land disposal restrictions (LDR) treatment standards in a Subtitle C landfill meeting minimum technical requirements (MTR) (SUPERSEDED: see Section 268.35(e)(1)).
 
12/01/1990LDR REQUIREMENTS DURING NATIONAL CAPACITY VARIANCES (NCVS)Question & Answer
 Description: Restricted wastes that are granted a national capacity variance are still subject to recordkeeping and analysis requirements and any applicable California list restrictions (3004(h)(2)) (SUPERSEDED: California list removed, see 62 FR 25997; May 12, 1997). Any landfill or surface impoundment holding such waste must meet minimum technology requirements.
 
11/20/1990LDR RULES REGARDING ALTERNATIVE TREATMENT STANDARDS FOR LAB PACKSMemo
 Description: A person who incinerates lab packs may use fiber drums in place of metal outer containers. Fiber or wood boxes or other containers that do not meet the DOT specifications for fiber drums may not be used as outer containers for lab packs.
 
11/08/1990NO-MIGRATION PETITION FOR AMOCO REFINERYMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to an inadequate groundwater monitoring system and the presence of hazardous constituents below the treatment zone at land treatment facility.
 
11/08/1990NO-MIGRATION PETITION FOR SINCLAIR OIL, OKMemo
 Description: Discusses EPA’s dismissal of a land disposal restrictions (LDR) no-migration petition due to failure to have a monitoring plan that detects migration from land treatment facility at the earliest practicable time and the presence of hazardous constituents in the groundwater.
 
11/07/1990NO-MIGRATION PETITION FOR SHELL OIL, WAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment zone, and failure to have a monitoring plan that detects migration at the earliest practicable time.
 
11/07/1990NO-MIGRATION PETITION FOR STAR ENTERPRISE, DEMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no migration petition due to the presence of constituents below land treatment zone and in groundwater.
 
11/06/1990NO-MIGRATION PETITION FOR MARATHON PETROLEUM, ILMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment unit, inadequate groundwater monitoring system, and inability to maintain minimum distance between treatment zone and high water table.
 
10/24/1990NO-MIGRATION PETITION FOR ARCO PRODUCTS, WAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to inadequate groundwater monitoring system, excessive hazardous constituent release to air, presence of hazardous constituents below the land treatment zone, and inability to maintain minimum separation between treatment zone and groundwater table.
 
10/14/1990LDR DETERMINATION OF WASTE STREAM DILUTIONMemo
 Description: The aggregation of wastes followed by legitimate centralized treatment is permissible dilution. Biological treatment is inappropriate for metals. Waste with land disposal restrictions (LDR) national capacity variance can be disposed if in a surface impoundment that has met minimum technical requirements.
 
09/26/1990SUBTITLE C IMPERMEABLE CAP REQUIREMENT FOR ON-SITE CONTAINMENT OF WOOD PRESERVING WASTESMemo
 Description: EPA grants ARAR waiver of landfill impermeable cap requirement for waste treated to land disposal restrictions (LDR) variance from treatment standard. The consolidation of wastes within an area of contamination (AOC), not replacement unit, does not trigger minimum technological requirements (MTR).
 
09/05/1990APPLICABILITY OF PERMITTING TO MOVEMENT OF HAZARDOUS WASTE THAT DOES NOT CONSTITUTE LAND DISPOSAL Memo
 Description: Land disposal includes movement of hazardous waste (HW) into a unit, but not movement within the unit. Movement within the unit does not require a permit. Movement of HW within a unit that is associated with land treatment may require a treatment permit.
 
08/08/1990LAB PACKS - LAND DISPOSAL RESTRICTIONS ASPECTSMemo
 Description: P046, P111, and U163 may be incinerated in lab packs. Lab packs destined for incineration in fiber drums are not required to be placed in metal containers.
 
07/31/1990MULTI-SOURCE LEACHATE AND TREATMENT STANDARDS OF LAND DISPOSAL RESTRICTIONSMemo
 Description: Waste codes not required on the manifest. A TSDF may rely on waste analysis data from the generator, but the TSDF must periodically test representative samples. A lab may certify for land disposal restrictions (LDR) as representative of the waste handler. Waste analysis parameters. Stabilization of cyanide to reduce leachability is an inappropriate treatment and generally impermissible dilution. No dilution of toxicity characteristic wastes if land disposed. Generators must determine characteristics. If a listed treatment standard addresses the characteristic, it operates in lieu of characteristic (even if less stringent). Prohibited waste only placed in a minimum technological requirement (MTR) surface impoundment if meets treatment standards, variance or extension, or 268.4. Notice and certification for de-characterized waste is sent to the implementing agency. F039 HSWA. Permitted TSDFs with F039 submit Class 1 modification by 8/8/90. Lab packs must be burned in Subpart O incinerator, not cement kilns.
 
06/14/1990PERSONAL PROTECTIVE GEAR DISPOSALMemo
 Description: Lead-contaminated personal protective equipment (PPE) or gear is subject to land disposal restrictions (LDR). Hazardous waste eligible for a national capacity variance may be disposed without treatment in a minimum technological requirement (MTR) landfill or surface impoundment if the waste is below California list prohibition levels (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
06/04/1990REGULATORY INTERPRETATION OF OBJECTION TO CLEAN-CLOSURE EQUIVALENCY PETITION FOR STEEL ABRASIVES, INC.Memo
 Description: All landfills, surface impoundments, waste piles, and land treatment units that received waste after July 26, 1982 are subject to post-closure permitting and Part 264 Subpart F standards unless the owner demonstrates that closure under the previous Part 265 standards met Part 264 closure by removal standards (SUPERSEDED: See 63 FR 56711; October 22, 1998). Under RCRA 3005(i), EPA has the authority to revisit interim status clean closures and require post-closure permits if closure does not meet closure by removal standards of Part 264. In order to demonstrate clean closure, an owner generally should remove “hot spots” of contamination.
 
05/09/1990INDUSTRIAL WASTE DISPOSAL IN PROXIMITY TO WETLANDSMemo
 Description: Historical discussion on location restrictions for municipal solid waste landfills, and EPA’s intent to evaluate industrial waste landfills, characterize wetlands, and develop location standards for hazardous waste management facilities.
 
04/27/1990DEGRADATION, TRANSFORMATION OR IMMOBILIZATION IN TREATMENT ZONEMemo
 Description: The land treatment facility requirement for complete degradation, transformation, or immobilization in the treatment zone means that there will be no statistically significant release to the environment from the treatment zone.
 
02/22/1990D001 CHARACTERISTIC WASTES - LAND DISPOSAL RESTRICTIONSMemo
 Description: Waste cannot be disposed of unless treated to land disposal restrictions (LDR) treatment standards, disposed in no-migration unit, or subject to exemption or variance from treatment standards. D001 ignitable waste must be treated to treatment standard before disposal. There are special requirements for ignitable wastes placed in a surface impoundment, landfill, waste pile, and land treatment unit.
 
10/05/1989DEFINITION OF A LIQUID AS IT APPLIES TO IGNITABLE AND CORROSIVE WASTES; LIQUID AS IT APPLIES TO IGNITABLE OR CORROSIVE WASTESMemo
 Description: The definition of liquid depends on the specific regulatory application for ignitable (D001), corrosive (D002), and extraction procedure (EP) (SUPERSEDED: see 261.24). For toxic wastes, liquid is defined as the material expressed from the waste in Step 2 of Method 1310. Liquids produced from paint filter test are generally also liquids under Method 1310 (SEE ALSO: 60 FR 3092; January 13, 1995). Only wastes containing a liquid component are subject to the flash point test (ignitability (D001)) and the pH test (corrosivity (D002)). Method 9095 is used to determine if a waste is prohibited from disposal in a landfill for containing free liquids. Method 9096 is a draft procedure for determining if adsorbents contain releasable liquids. Adsorbents containing releasable liquids are prohibited from disposal in a landfill by HSWA.
 
07/20/1989LIQUID, FREE LIQUID, RELEASABLE LIQUID DEFINITIONSMemo
 Description: Liquid for purposes of corrosivity (D002) determined by Method 1310 (extraction procedure (EP)). The definition of free liquid applies to the prohibition of liquids in landfills. Definition of releasable liquid applies to absorbent materials that might release liquids (SEE ALSO: current Sections 264.314(e), and 265.314(f)).
 
05/16/1989DELAY OF CLOSURE PERIOD FOR HWM FACILITIESMemo
 Description: Under limited circumstances, landfills, surface impoundments, and land treatment units may remain open after the final receipt of hazardous waste in order to receive nonhazardous waste.
 
05/05/1989PLACEMENT OF STABILIZED WASTES THAT DO NOT MEET LAND RESTRICTION REQUIREMENTSMemo
 Description: Waste must meet treatment standards before it is placed in a land disposal unit. A land disposal restrictions (LDR) equivalent method variance may be granted if the technology is equivalent or better than best demonstrated available technology (BDAT). A no-migration variance must be based on the period that the waste is hazardous. Bulk or non-containerized liquid hazardous waste must pass the paint filter liquids test prior to placement in a landfill.
 
05/01/1989INTERIM STATUS VS. PERMIT MODIFICATION FOR NEWLY REGULATED UNITSQuestion & Answer
 Description: Units managing newly regulated wastes at fully permitted facilities do not qualify for interim status under 3005(e). A permittee should modify the facility’s RCRA permit. Surface impoundments requiring permit modification due to a new listing or characteristic have four years from the date of promulgation to comply with the 3005(j)(6)(A) retrofitting requirements.
 
04/01/1989GENERATOR CLOSURE/FINANCIAL REQUIREMENTSQuestion & Answer
 Description: LQGs must comply with 265.111 and 265.114. SQGs need only comply with the applicable accumulation unit closure requirements. Generator tanks which cannot meet the closure performance standards must close as a landfill and comply with 265, Subparts G and H.
 
03/30/1989CERTIFICATION PROCESS ON BIOTECHNOLOGICAL METHODS FOR REMEDIATION OF INDUSTRIAL FACILITIESMemo
 Description: EPA does not certify biotreatment technologies for the remediation of soil and groundwater, but will assist with determining the applicability of biotreatment technologies.
 
03/23/1989POSTPONEMENT OF A LAND TREATMENT DEMONSTRATION FOR NAVAJO REFINING CO., ARTESIA, NMMemo
 Description: A permit can be appealed for reasons other than those received during comment. The effective date of a treatment demonstration does not affect the effective date of the permit. EPA can require a treatment demonstration through the omnibus provision (3005(c)(3)). Addresses the regulatory status of a facility with a two-phase permit, and the applicability of public notice and comment to changes in a land treatment demonstration start date .
 
03/14/1989SUMMARY OF ASSISTANCE BRANCH PERMITTING COMMENTSMemo
 Description: Discusses an automatic waste feed shut-off design for munitions deactivation (popping) furnaces and fugitive emissions control from popping furnaces. Pits used for dewatering and open burning are surface impoundments, not miscellaneous units. EPA can use omnibus provisions to impose additional controls on open burning in surface impoundments. Waste explosives that do not have the potential to detonate cannot be destroyed in open burning/open detonation (OB/OD) units. Solvents contaminated with explosives that have the potential to detonate can be open burned. Because open burning/open detonation (OB/OD) of waste explosives is treatment, not disposal, the land disposal restrictions (LDR) do not apply. Treatment residues may be subject to LDR. Clarifies when the disposal of explosives requires a permit and when unused explosives become wastes (SEE ALSO: 62 FR 6622; 2/12/97). Burning commercial fuel in fire training exercises is not regulated under RCRA. Discusses methods of determining soil background levels for the clean closure of surface impoundments and waste piles, circumstances in which the unit type can be redesignated during interim status, cleanup standards for corrective action, compliance points for soil and groundwater cleanup, timing of corrective action cleanup activities and site monitoring, termination of groundwater corrective action, the use of institutional controls, the use of trial burn data from one facility at other incinerators, the evaluation of trial burn plans for popping furnaces, and the use of in-place hydraulic conductivity testing during liner installation for surface impoundments and landfills. A landfill’s clay layer component of the final cover must be completely below the average frost depth. Addresses the use of natural material (calcium carbonate) and cement kiln dust in waste stabilization, the use of the RCRA corrective action plan (CAP) in HSWA permit preparation, the use of the 261.4(f)(2) authority to implement Subpart X standards in RCRA authorized states, and the permitting deadlines for Subpart X facilities.
 
11/30/1988INTERIM STATUS SURFACE IMPOUNDMENTS & CLEAN CLOSED WASTE PILES, CODIFICATION RULE 12/01/87Memo
 Description: The owner of a surface impoundment or waste pile that received hazardous waste after 7/26/82 and clean closed per 265 standards must submit a post-closure permit application within 6 months of an EPA request (SUPERSEDED: See 63 FR 56711; 10/22/98). An owner of a waste pile clean closed per 265 should submit an equivalency demonstration before a Part B permit application is requested. Submitting an equivalency demonstration does not exempt the owner from having to submit a post-closure permit application.
 
10/19/1988MULTIPLE EXTRACTION PROCEDURE, METHOD 1320Memo
 Description: For the multiple extraction procedure (Method 1320), the weight of the wet material remaining after each extraction procedure (EP), not the original dry weight, is used to calculate the 20:1 liquid to solid ratio. Method 1320 is trying to predict the effect on the waste in a landfill that is subject to rain for a long period of time.
 
10/15/1988SURFACE IMPOUNDMENT RETROFITTING AND TIME ALLOWED FOR CLOSUREMemo
 Description: A surface impoundment in existence on 11/8/84 must meet the minimum technological requirements by 11/8/88 or cease receiving waste and close unless given an approved exemption. A permit as a shield is not applicable to 3005(j).
 
06/20/1988SURFACE IMPOUNDMENT SAMPLING PLAN FOR HOLLOMAN AIR FORCE BASEMemo
 Description: Provides guidance on a delisting petition sampling plan at a facility with large-volume surface impoundments, drainage ditches, and lakes.
 
06/16/1988LAND BAN ISSUES - 1988 UPDATEMemo
 Description: A surface impoundment not meeting the minimum technical requirements (MTR) may continue to receive restricted wastes if it has a waiver under 3005(j). Units receiving waste subject to a national capacity variance or a case by case extension must meet MTR. Provides criteria for case-by-case extensions, a discussion of the soft hammer provisions, guidance on the treatment of soil, and treatment capacity information. Addresses the lack of capacity due to surface impoundment closure.
 
05/31/1988DEADLINES APPLICABLE TO PROPOSED DELAY OF CLOSURE REGULATION, GUIDANCEMemo
 Description: The proposed delay of closure rule (53 FR 20738; 6/30/88) would allow owners and operators of landfills and certain surface impoundments to delay closure to receive nonhazardous waste. Units which have lost interim status are not eligible for a delay of closure. Owners of units who wish to delay closure must obtain a permit or permit modification. Surface impoundments that are not retrofitted to meet the minimum technological requirements are subject to special requirements if the owner wishes to delay closure. Units that delay closure remain subject to Subtitle C. Units remain subject to the closure plan submission deadlines despite the proposed delay of closure rule (53 FR 20738; 6/30/88). Because the proposed rule is less stringent than the existing closure regulations, authorized states are not required to adopt the new provisions. Interim status units that cease receiving hazardous waste on 11/8/88 may continue to receive nonhazardous wastes until the closure plan is approved as well as during the closure period provided it does not impede closure.
 
05/27/1988SOIL BACKGROUND LEVELS AS CLEAN CLOSURE STANDARDS, USE OFMemo
 Description: Clean closure levels for surface impoundments, waste piles, and land treatment units must be based on EPA-recommended exposure levels or factors that have undergone peer review by EPA. Where no health-based levels exist, clean closure levels are based on background or exposure levels submitted by the owner based on toxicity data. Includes recommendations for clean closure levels for lead and cadmium. Lead background levels should be established by taking soil samples at an uncontaminated area of the facility or by using published literature data on lead levels in similar soils (SUPERSEDED: see RPC# 5/7/90-01).
 
05/12/1988DEMONSTRATING EQUIVALENCE OF PART 265 CLEAN CLOSURE WITH PART 264 REQUIREMENTSMemo
 Description: Under 270.1(c), owners of interim status surface impoundments and waste piles who clean closed under the old Part 265 closure standards may demonstrate equivalency with the 264 closure standards. Discusses the contents of the demonstration equivalency and the procedures for submittal. If an attempt at a closure equivalency demonstration does not meet the 264 standards, the owner must submit a Part B permit application. Addresses the acceptability of specific information supporting equivalency demonstrations. An owner of an interim status landfill where waste was removed at closure can reclassify it as a waste pile and demonstrate clean closure equivalency, or the owner may request a shortened post-closure care period (SEE ALSO: 63 FR 56711; 10/22/98).
 
05/11/1988REDESIGNATION OF SURFACE IMPOUNDMENTS AS LANDFILLS DURING INTERIM STATUSMemo
 Description: An interim status surface impoundment that does not meet the minimum technological requirements must be retrofitted or closed by 11/8/88 pursuant to 3005(j). The redesignation of a unit as a landfill does not meet either criterion in 270.72(c) for changes during interim status.
 
05/02/1988SPENT PICKLE LIQUOR CORROSIVITYMemo
 Description: Spent pickle liquor generated by a steel fabricator is not K062 since the facility is not in SIC codes 331 or 332. Nonlisted spent pickle liquor is corrosive if it corrodes 1020 steel at a rate of >0.25 inches/year. Nonlisted sludge from a pickling tank is D002 if pH of the sludge is < 2. The 264.314 liquids in landfills ban does not apply to nonhazardous waste disposal facilities.
 
05/01/1988LAND DISPOSAL RESTRICTIONS - DISPOSAL OF WASTES GRANTED A VARIANCEQuestion & Answer
 Description: Restricted wastes that are granted a capacity variance may be disposed of in landfills or surface impoundments only if the facility is in compliance with the minimum technological requirements (MTR). These wastes may also be disposed of in land treatment facilities that are not in compliance with MTR (SUPERSEDED: 268.8 removed, see 61 FR 15599; 4/8/96).
 
05/01/1988RETROFITTING INTERIM STATUS SURFACE IMPOUNDMENTSQuestion & Answer
 Description: The conversion of an interim status surface impoundment into a landfill without triggering permitting would have to be approved under 270.72(c) (SUPERSEDED: See 270.72(a)(1)), and could not amount to “reconstruction” under 270.72(e) (SUPERSEDED: See 270.72(b)) under changes during interim status. An impoundment converted to a landfill in these circumstances would be an existing unit. If waste is removed and replaced, then the unit would be a replacement unit and would have to meet the minimum technology requirements (MTR) (3004(o)). If the waste addition exceeded the level in the Part A, then the unit would be an expansion subject to MTR.
 
04/28/1988MINIMUM TECHNOLOGICAL REQUIREMENTS WAIVER PETITION SECTION 3004(0)(2) (SHELL OIL)Memo
 Description: A facility’s proposed alternative to the double liner and leachate collection system requirement cannot be approved if it allows the migration of hazardous constituents into the groundwater, since this is not as effective as the standards outlined in 3004(o)(1)(A)(i).
 
04/11/1988INITIAL SOIL SURFACE TERM DEFINED IN LAND TREATMENT REGULATIONSMemo
 Description: The initial soil surface means the topographic level that was in existence when waste was first applied to a land treatment unit. Built-up material at a land treatment unit must not be excessive waste overloading the treatment system.
 
04/01/1988EFFECTIVE DATES FOR CHARACTERISTIC & LISTED WASTES PER 03/19/87 CLEAN CLOSURE REGULATIONMemo
 Description: Clarifies the applicability of the “Clean Closure Conforming Changes Rule” (52 FR 8704; 3/19/87) in authorized and unauthorized states. HSWA 3005(i) states that all units (e.g. surface impoundments) clean closed pursuant to the 265 standards are not relieved of post-closure care obligation until the owner demonstrates equivalency with the 264 standards.
 
03/30/1988SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: Samples taken from turbid groundwater may not be valid. Proper well development requires that wells be clay and silt free. Discusses the use of polyvinyl chloride (PVC) in well construction, the calculation of purge volume, and Part 264, Appendix IX. An accelerated groundwater monitoring schedule can be used to bring a facility into compliance. The maintenance of a groundwater monitoring network may include the redevelopment of a well. Well maintenance should be included as a permit condition. Replacement units (e.g. landfills and surface impoundments) must be retrofitted to meet the minimum technological requirements. If a proposed alternative to a double liner does not meet the requirements of 264.221(c), the location characteristics or operating practices must compensate for the deficiency. A redundant flexible membrane bottom liner may be equivalent to the 3004(o)(5)(B) interim statutory design, thus meeting the 3004(o)(1) minimum technological requirements. Addresses the use of the Hydrologic Evaluation of Landfill Performance (HELP) model v. Moore’s Equation for calculating leachate volume when designing a collection system, the proposed modifications to the cap design to reduce erosion potential, and the use of a test plot to support alternative landfill design cover. A high-density polyethylene liner must be supported by a stable base. An owner of a petroleum refinery undertaking a land treatment demonstration must fully characterize the waste, including addressing the Skinner List constituents in the waste analysis plan. A properly conducted land treatment demonstration should include an evaluation of the waste degradation, transformation, and immobilization, as well as a toxicity study. A land treatment unit cannot accept sludges containing high concentrations of water if the soil moisture conditions cause saturation of the unit. Discusses the selection of principal hazardous constituents for a land treatment unit. An owner of a land treatment unit who has not demonstrated satisfactory treatment of hazardous constituents may need to close the unit. Addresses the presence of a high water table at a land treatment unit and the possible responses. An owner of an existing interim status land treatment unit may be eligible for an immediate full-scale permit if the land treatment demonstration addresses all of the necessary requirements. In states that are authorized for the RCRA base program but not for the HSWA provisions, construction cannot begin at a new facility until both the state and EPA permits are issued. The land disposal restrictions (LDR) program is a self-implementing portion of HSWA, superseding the permit as a shield provision. Permit content should be edited for applicability, importance, clarity, and precision prior to issuance. A minimum detection limit (MDL) can be used to establish background as a groundwater protection standard. Any component required in a RCRA facility investigation (RFI), such as monitoring releases not requiring immediate response, should be included as a permit condition. Monitoring wells installed as part of a HSWA corrective action may be designated as point of compliance wells. Permits containing corrective action conditions for groundwater treatment programs must specify methods of handling groundwater containing hazardous waste and must include pumping and removal requirements. Air stripping may not be an appropriate treatment method for groundwater contaminated with methyl isobutyl ketone. A permit or 3008(h) order should address the air emissions from treatment units such as an air stripper. Includes criteria for the referral of facilities to the Agency for Toxic Substances aND DISEASE REGISTRY (ATSDR) UNDER 3019. Emerging technologies, such as in-situ bio-reclamation, should be demonstrated as effective in pilot-scale field studies prior to approval. 264 Subpart F compliance monitoring standards should be applied to the verification monitoring at solid waste management units (SWMUs) during corrective action. A HSWA corrective action pe
rmit may include a technical feasibility clause discontinuing the program once contaminant levels can no longer be reduced. EPA discourages the approval of a waiver allowing the disposal of nonhazardous waste in a landfill that has lost interim status.
 
03/02/1988CLEANUP LEVELS FOR LEAD AND CADMIUM IN SOILS FOR CLEAN CLOSUREMemo
 Description: VERIFIED REFERENCE DOSES (RFDS) AND Carcinogenic Potency Factors (CPFs) can be used to set soil cleanup levels during clean closures of surface impoundments, waste piles, and land treatment units. Where no EPA-recommended health-based limit exists for a contaminant, a soil cleanup level may be based on background levels or by data developed by the owner to support a health-based limit. If the cleanup level cannot be established, then clean closure cannot be achieved and the unit (i.e. surface impoundment, waste pile, or land treatment unit) must close as a landfill. Provides guidance for determining the background levels for lead in soil for clean closures of surface impoundments, waste piles, and land treatment units. Discusses how to determine background levels of lead in soil.
 
02/10/1988VERTICAL EXPANSION AT U.S. ECOLOGY'S TRENCH 10, BEATTY, NEVADA FACILITYMemo
 Description: Landfill vertical expansion is limited by federal, state, and local permits in effect prior to HSWA. Vertical expansion after 11/8/84 constitutes a new unit that is subject to the minimum technological requirements (MTR). When there is no elevation limit in the permit, consider the slope of the cover at closure.
 
02/08/1988CLOSURE PERFORMANCE STANDARDMemo
 Description: EPA may use closure performance standards, post-closure permits, or 3008(h) orders to ensure effective closure. A closure performance standard can be used to require source control at a leaking surface impoundment. Closure must be consistent with future corrective action.
 
02/03/1988PCB-CONTAMINATED WASTES, STABILIZATION OFMemo
 Description: Bulk liquid waste treated with absorbents or adsorbents must be tested with the paint filter liquids test (PFT) (3004(c)(1)) (SEE ALSO: 1RPC# 1/17/93-02). When a waste passes the PFT, it may be disposed in a landfill. When a waste fails the PFT, further chemical stabilization is required. Provides guidance on the level of adequacy for chemical treatment.
 
02/02/1988CLOSURE REQUIREMENTSMemo
 Description: EPA recognizes the inconsistencies between the tank and container closure requirements and plans to revise Subpart I to ensure consistency. The 3/19/87 clean closure guidance (52 FR 8704) should be applied to closure by the removal of wastes from any RCRA unit. EPA plans to allow interim status and permitted landfills to defer closure to manage nonhazardous wastes. Characteristic waste must be managed as hazardous unless it no longer exhibits any of the four characteristics. Discusses the more protective clean closure action levels v. hazardous waste identification levels. Listed wastes and any waste residues or contaminated soil or debris removed during closure are hazardous unless delisted. The concentrations of total organic carbon (TOC) and total organic halogens (TOX) cannot be used to determine if decontamination wastewater is hazardous.
 
02/01/1988CLEAN CLOSURE OF INTERIM STATUS SURFACE IMPOUNDMENT AND WASTE PILEQuestion & Answer
 Description: Surface impoundments, waste piles, landfills, and land treatment units which received waste after 7/26/82 or certified closure after 1/26/83 must either have post-closure permits or demonstrate that clean closure was equivalent to Part 264 closure (270.1(c)) (SEE ALSO: 63 FR 56711; 10/22/98). Post-closure permits for these units would include Part 264 groundwater monitoring, unsaturated zone monitoring, corrective action and post-closure care.
 
01/02/1988DRAINAGE WATER BENEATH LAND TREATMENT UNITS AT OIL REFINERIESMemo
 Description: Groundwater containing hazardous leachate from a land treatment unit is hazardous. Liners, ditches, and pipes are extensions of the land treatment unit for a no migration petition. A Part B demonstration does not replace a no migration petition. A RCRA facility investigation (RFI) does not replace an evaluation of air emissions in a no migration petition.
 
01/01/1988DISPOSAL OF MIXED RADIOACTIVE AND HAZARDOUS WASTEQuestion & Answer
 Description: Radioactive mixed waste is not regulated until a state is authorized for mixed waste. A mixed waste landfill is a solid waste management unit (SWMU), and 3004(u) would apply to the unit. If a mixed waste disposal unit was inactive prior to the date chosen to be interim status by the state, the unit might not be subject to RCRA unless it was subsequently managed (active management) or unless the state “grandfathered” such units. If the unit is active on the interim status date, the facility must submit a Part A permit application. A state RCRA program can be broader in scope than the federal program.
 
12/24/1987COAL TAR DECANTER SLUDGE WASTE PILE (TOLEDO COKE)Memo
 Description: Discusses the regulatory status of a coal tar decanter sludge waste pile. K087 stored before recycling in coke or coal tar production is not exempt under 261.6(a)(3)(vii) (SUPERSEDED: See 56 FR 7203; 2/21/91, 261.4(a)(10), and 261.4(a)(12)).
 
12/17/1987CLOSURE AND POST-CLOSURE ISSUES FOR INTERIM STATUS SURFACE IMPOUNDMENTSMemo
 Description: EPA may extend the time allowed for the closure of a surface impoundment to allow groundwater corrective action so that the owner can achieve clean closure. Units closing by removal under Part 265 (e.g. surface impoundments, waste piles, and land treatment units) must obtain post-closure permits unless the owner demonstrates equivalence with 264.228, 264.280(e), or 264.258 closure by decontamination standards (SEE ALSO: 63 FR 56711; 10/22/98). The owner of an interim status landfill that has closed by removal and has not triggered groundwater assessment does not have to monitor groundwater for the full list of Appendix VIII or IX constituents. Groundwater evaluation conducted as part of the 265 clean-closure demonstration should establish constituents that could reasonably be expected to exist at the impoundment. A surface impoundment that has triggered groundwater assessment may not be able to clean close.
 
11/25/1987TREATMENT SURFACE IMPOUNDMENTS, REGULATORY OPTIONS AVAILABLE TO WOOD PRESERVERSMemo
 Description: A wood preserving treatment surface impoundment is not a hazardous waste experiment unit. A wood preservative surface impoundment must obtain a permit, close, or convert to a land treatment unit.
 
10/29/1987UCAPCO APPLICATION FOR A VARIANCE UNDER 3004(C)(2) OF RCRAMemo
 Description: Variances from the minimum technological requirements (MTR) may be obtained if an alternate system can prevent the migration of any hazardous constituents into the groundwater. The term groundwater is not limited to only groundwater beyond the waste management area (surface impoundment, waste pile, landfill).
 
10/26/1987SURFACE IMPOUNDMENT DELISTING PETITIONS, USE OF VHS MODELMemo
 Description: The vertical horizontal spread (VHS) model is used to evaluate wastes in landfills and surface impoundments for purposes of delisting petitions. The organic leachate model (OLM) is also used.
 
10/23/1987SUPERNATANT FORMED IN LIME STABILIZATION OF WASTE PICKLE LIQUOR AS HAZARDOUS WASTEMemo
 Description: Supernatant from the lime-stabilization of waste pickle liquor is derived from K062. The supernatant portion does not qualify for the 261.3(c)(2)(ii) exclusion, which applies only to sludge generated from the treatment process. A surface impoundment holding supernatant is subject to regulation.
 
10/23/1987SUPERNATANT FROM TREATMENT OF SPENT PICKLE LIQUOR (K062)Memo
 Description: Supernatant from lime-stabilization of waste pickle liquor is derived from K062. The supernatant portion does not qualify for the 261.3(c)(2)(ii) exclusion, which applies only to sludge generated from the treatment process. A surface impoundment holding supernatant is subject to regulation.
 
10/16/1987OPERATING DAY DEFINED FOR TANKS AND SURFACE IMPOUNDMENTSMemo
 Description: Once each operating day for tanks means once each day that manufacturing operations are conducted. Operating day for surface impoundments means each day waste is placed in surface impoundments. Leak detection and visual inspection are required whether or not manufacturing operations occur.
 
10/08/1987DECISION DEADLINES FOR RETROFITTING WAIVER REQUESTSMemo
 Description: Interim status surface impoundment retrofit waivers are not necessary for units holding Bevill exempt mining and mineral processing wastes.
 
10/05/1987SURFACE IMPOUNDMENTS HOLDING ONLY K-WASTES GENERATED UNDER A TEMPORARY EXCLUSIONMemo
 Description: Waste disposed in a surface impoundment during a temporary delisting exclusion is not subject to Subtitle C after the final denial decision unless it is actively managed (removed, excavated, shipped, mixed, or treated). The units are solid waste management units (SWMUs) for purposes of corrective action.
 
10/01/1987APPLICABILITY OF THE 261.4(A)(2) EXCLUSIONSQuestion & Answer
 Description: Wastewater diverted from an outfall to a surface impoundment that does not mix with U.S. waters does not qualify for the industrial wastewater discharge exclusion. Discharge to the impoundment is illegal operation of unit. Discusses the CWA definitions of “discharge of pollutant” and “waters of the United States.”
 
09/16/1987SW-846 METHODS MANUALMemo
 Description: The use of SW-846 methods is generally not required except for quality assurance/quality control procedures and determining if the waste is characteristic. Discusses sampling, analysis for delisting petitions, incinerator trial burns, and determining if bulk or containerized waste contains free liquids prior to disposal in a landfill.
 
09/04/1987COAL TAR DECANTER SLUDGE WASTE PILE (TOLEDO COKE)Memo
 Description: The 261.6(a)(3)(v) exemption is only for coke and coal tar products recycled from coal tar decanter sludge (K087), not for K087 stored in a waste pile before recycling. K087 used to produce coke is not an exempt use or reuse because it is used for a fuel (SUPERSEDED: See 56 FR 7203, 2/21/91; and 57 FR 27880, 6/22/92; and 261.4(a)(10), and 261.4(a)(12)).
 
09/03/1987DELISTING REGULATORY STANDARDS FOR FREONMemo
 Description: Discusses the use of the organic leaching model (OLM) and vertical and horizontal spread (VHS) model used to assess the hazard posed by the disposal of freon (trichloro thifluoroethane) in a landfill for the purposes of delisting.
 
08/21/1987LISTING MUNICIPAL LANDFILLS ON THE NPLMemo
 Description: Nothing precludes a closed municipal solid waste landfill from being placed on CERCLA NPL even if EPA cannot document that the landfill received hazardous waste in the past.
 
08/07/1987MTR COMPLIANCE DATES FOR SURFACE IMPOUNDMENTS (THERMEX ENERGY)Memo
 Description: The loss of a temporary exclusion is the same as being a newly listed waste for purpose of complying with minimum technical requirements (MTR) for surface impoundments (SIs). There is a conflict between the Section 3005(j)(1) and Section 3005(j)(6) MTR dates. Part B permit application for an interim status facility is due when requested by the State or Regional office. Implementation of closure must begin either 90 days after the SI stops receipt of waste or when the closure plan is approved. The time allowed for closure implementation or completion may be extended.
 
08/07/1987PERMIT REQUIREMENTS, THERMEX ENERGY/RADIANMemo
 Description: The loss of a temporary exclusion is the same as being newly listed for the purpose of complying with the minimum technical requirements (MTR) for surface impoundments (SIs). Addresses the conflict between the 3005(j)(1) and 3005(j)(6) MTR dates. Part B permit applications for interim status facilities are due when requested by a state or Regional office. A facility must initiate closure either 90 days after the SI stops receiving waste or when the closure plan approved. The time for closure implementation or completion may be extended.
 
08/03/1987JOINT NRC-EPA GUIDANCE ON AN APPROACH FOR COMMERCIAL MIXED LOW-LEVEL RADIOACTIVE AND HAZARDOUS WASTE DISPOSAL FACILITIESMemo
 Description: Provides joint Nuclear Regulatory Commission (NRC) - EPA guidance on a conceptual design approach for commercial mixed low-level radioactive and hazardous waste disposal facilities (i.e. landfills).
 
07/24/1987ALTERNATE CONCENTRATION LIMIT (ACL) POLICY FOR HSWA PROVISIONSMemo
 Description: The 3005(j) aggressive biological treatment surface impoundment retrofitting exemption requires interim status facilities to be in compliance with a permitted facility groundwater monitoring program. Alternate concentration limits (ACLs) can be used to determine which groundwater monitoring program, compliance or corrective action, should be added to the permit.
 
07/24/1987WASTES GENERATED BY COKE AND COAL TAR PLANTSMemo
 Description: There are no solids or organics content or % water limits for “primarily aqueous” wastewater streams. Addresses the industrial wastewater discharge exclusion (261.4(b)(2)) and “commonly defined by the industry as wastewaters,” and provides examples. The wastewater treatment unit (WWTU) exemption is not for surface impoundments. Discusses “trigger” levels for possible coke by-product K-listings. The listing will be based on 261.11 criteria, which are based on potential hazards and mismanagement, but are not based directly on waste minimization.
 
07/16/1987CASE-BY-CASE EXTENSION PETITION, INFORMATION REQUIREDMemo
 Description: Includes an overview of the requirements that facilities must meet to receive a case-by-case extension to the effective date of the land disposal restrictions (LDR). A surface impoundment or landfill managing waste during an extension must meet the minimum technological requirements (MTR).
 
07/14/1987ACLS APPLIED TO SURFACE IMPOUNDMENT RETROFITTING PROVISION 3005(J)(3)Memo
 Description: Alternate concentration limits (ACLs) are part of the groundwater monitoring requirements for permitted facilities. The applicability of ACLs to an exemption request is governed by state law and regulations (3005(j)(3) and 3005 (j)(7)) for surface impoundment retrofitting.
 
07/14/1987SURFACE IMPOUNDMENT (IS) RETROFITTING WAIVER REQUEST (OCCIDENTAL CHEMICAL)Memo
 Description: A surface impoundment located within 1/4 mile of a public water system aquifer is disqualified from a 3005(j)(2) retrofitting waiver.
 
07/01/1987LAND TREATMENTQuestion & Answer
 Description: A land treatment unit must always have at least three feet between the bottom of the treatment zone and the seasonal high water table. If the bottom of the treatment zone extends less than five feet into the soil, the owner may measure three feet down from the actual bottom of the treatment zone.
 
07/01/1987RETROFITTING FOR PERMITTED SURFACE IMPOUNDMENTSQuestion & Answer
 Description: The owner of a surface impoundment under interim status on 11/8/84 must comply with the minimum technological requirements by 11/8/88, even if the facility receives a permit before 11/8/88. EPA must issue or deny permits by 11/8/88 for all land disposal units under interim status on 11/8/84.
 
06/26/1987ADJACENT WASTE PILES INTO REGULATED SURFACE IMPOUNDMENT, PLACEMENT OF (CIBA-GEIGY)Memo
 Description: The placement of adjacent waste soil piles in a regulated surface impoundment as part of closure is permissible. The placement of hazardous waste beyond the boundary of a regulated unit constitutes lateral expansion and must meet minimum technological requirements (3004(o)(1)).
 
06/26/1987GENERATOR REQUEST FOR EXEMPTION FROM OR EXTENSION OF LAND DISPOSAL RESTRICTIONSMemo
 Description: Land disposal includes land treatment. Restricted waste may not be land treated unless it meets the treatment standard or has been granted a no-migration variance.
 
06/09/1987SURFACE IMPOUNDMENT CLOSURE, APPLICABILITY OF 3005(I) OF RCRA TOMemo
 Description: An owner who closes an interim status surface impoundment but does not demonstrate compliance with 265.228(a) closure by removal standards is subject to a post-closure permit, including groundwater monitoring and corrective action (SEE ALSO: 63 FR 56711; 10/22/98).
 
06/08/1987SURFACE IMPOUNDMENT RETROFITTING WAIVER REQUEST (UNION CARBIDE)Memo
 Description: The most recent, best available data should be used to determine compliance with CWA for purposes of a waiver from the minimum technological requirements for a surface impoundment under 3005(j)(3). A full Part 261 Appendix VIII analysis of groundwater is not needed for a waiver under 3005(j)(3)(C)(ii).
 
06/01/1987CLEAN CLOSUREQuestion & Answer
 Description: EPA interprets contaminated subsoils to include contaminated groundwater. Contaminated groundwater must be removed or decontaminated to achieve clean closure at a surface impoundment.
 
04/30/1987SECONDARY LEACHATE COLLECTION AND REMOVAL SYSTEMS - FML TOP LINERSMemo
 Description: Includes a summary of actual field information on the design and performance of top flexible membrane liners (FML) and on leachate collection and removal systems between liners for surface impoundments.
 
04/15/1987SURFACE IMPOUNDMENT RETROFITTING REQUIREMENTSMemo
 Description: Permits issued to existing surface impoundments must require retrofitting within four years. The regulations force closure of all impoundments that do not retrofit. Permitted impoundments forced to close must follow the closure plan in the permit. Interim status impoundments must follow 265.113.
 
04/08/1987CLOSURE REQUIREMENTS FOR THE DISPOSAL OF STORAGE TANKSMemo
 Description: Owners or operators that are unable to remove or decontaminate a tank system must close it as a landfill. Tank system components that do not contain hazardous waste are not subject to Subtitle C requirements;. Follow NFPA guidelines when abandoning a tank system in place.
 
04/02/1987THREE AND FOUR-SIDED, FLOORED STRUCTURES, REGULATORY CLASSIFICATION OFMemo
 Description: Describes a tank as a unit that contains materials and a waste pile as a noncontainerized accumulation of solid, non-flowing hazardous waste. Discusses approaches to address the overlap of the definitions of tank and waste pile and the applicability to 3 and 4-sided floored structures.
 
03/30/1987SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: A native soil foundation does not constitute a liner for the purposes of the 3005(j)(2) waiver. A 264.282 compatibility demonstration applies to both hazardous and nonhazardous waste. Addresses HSWA waste minimization requirements (3002(b)) and the application of sludge to land treatment units. The identification of principal hazardous constituents for land treated wastes must include all constituents that may enter the waste stream. A land treatment unit performance evaluation must include the unit’s ability to treat and degrade organic constituents, as well as its ability to immobilize heavy metals. Provides guidance on the frequency of soil pore liquid sampling at land treatment units (unsaturated zone monitoring) and guidance on screening groundwater monitoring wells. QA/QC methodology at a land treatment unit should include verification of the organic constituent analysis by gas chromatography/mass spectroscopy (GC/MS). Includes guidance on the content of construction quality assurance plans. A person who conducts quality assurance measures for surface impoundments, waste piles, and landfills should be independent of the construction contractor. Discusses the use of Method 9090 for compatibility testing of liner materials with waste or leachate. All man-made materials that contact waste or leachate should be subjected to the immersion test portion of 9090. A sample of waste or leachate used in compatibility testing must be representative of the actual waste or leachate managed in the surface impoundment, waste pile, or landfill. A concrete pad cannot be equivalent protection. If the design slope of a final landfill cover exceeds 3-5%, the applicant must demonstrate that soil erosion will not be excessive and may need to perform a slope stability analysis. Waste and soil settlement must be included in calculations for the final landfill cover design to be substituted for a waste pile liner as equivalent protection under 3015(a). A flexible membrane liner should not be used in a final cover when the landfill is unusually deep and slopes are steep. Clean, not contaminated, soil should be used for the final cover. A leachate collection system design should be based on realistic infiltration rates. Geogrid and geotextile materials used in place of conventional drainage materials for a landfill must have an equivalent drainage capacity of a one-foot layer of compacted sand. Berms constructed of manufactured slag should not contain hazardous constituents. For landfills, the use of a composite primary liner below the primary synthetic liner is allowable. An owner of a land treatment unit who cannot establish vegetative cover may use an alternate closure procedure. A facility cannot extend closure in order to receive nonhazardous waste (SUPERSEDED: see current 264.113(d)). Addresses the role of the Agency for Toxic Substances and Disease Registry (ATSDR) in exposure information and evaluation. The review of Exposure Information Reports should be coordinated with ongoing RCRA Facility Assessments.
 
03/18/1987REACTIVE CHARACTERISTICS OF DISCHARGED LI/SO2 BATTERIESMemo
 Description: Based on the supplied data, EPA agrees that Li/SO2 (lithium-sulfur dioxide) batteries are unlikely to exhibit the reactivity characteristic when they are fully discharged to zero volts. Fully-charged and duty-cycle Li/SO2 batteries are reactive. The generator is responsible for the hazardous waste determination. The placement of ignitable (D001) or reactive (D003) waste into a landfill is prohibited unless it is treated, rendered, mixed before, or immediately after, placement in the landfill so that it is no longer characteristic (SEE ALSO: Part 268).
 
03/11/1987REPLACEMENT UNIT, DEFINED - WASTE CONSOLIDATION FROM SEVERAL IMPOUNDMENTSMemo
 Description: A replacement surface impoundment or landfill is a unit that is taken out of service, emptied by removing waste, and reused. A replacement unit must meet minimum technological requirements before reuse. An impoundment may change to a landfill during interim status, but becomes a replacement unit under changes during interim status (SEE ALSO: 270.72(b)).
 
02/25/1987VULNERABILITY GUIDANCEMemo
 Description: Discusses the applicability of the groundwater vulnerability guidance to RCRA permitting standards. It may be used for site characterization, surface impoundment retrofitting variances, leachate migration potential and impact, and hydraulic conductivity data collection.
 
02/01/1987LIQUIDS IN LANDFILLSQuestion & Answer
 Description: Liquids which have been stabilized by the addition of absorbents must have a compressive strength of 50 p.s.i. before being placed in landfills (SUPERSEDED: see 264.314, 57 FR 54452; 11/18/92).
 
01/20/1987BULK LIQUID HAZARDOUS WASTE SOLIDIFICATION REQUIREMENTSMemo
 Description: Provides guidance on determining an adequate binding level for chemically stabilizing bulk liquid waste. An owner or operator of a landfill is responsible for meeting the bulk liquid provisions (3004(c)(1)). A generator or client of a landfill is not responsible (SEE ALSO: RPC# 11/17/93-02).
 
01/12/1987SOLVENT-BEARING WASTEWATER, SLUDGE, AND BRINE TREATED AND STORED IN SURFACE IMPOUNDMENTSMemo
 Description: Wastewaters and sludges with less than 1% total F001-F005 solvents are subject to the land disposal restrictions (LDR) national capacity variance and can be stored or treated in surface impoundments that meet minimum technical requirements (MTR). After the effective date, waste must be treated to meet the treatment standard, disposed pursuant to the case-by-case extension, or managed in a unit with a surface impoundment exemption.
 
12/31/1986SPECIAL MATERIALS DISPOSED OF IN LANDFILLS: BATTERIES, CAPACITORS, LAB PACKSMemo
 Description: Batteries and capacitors are exempt from the landfill containerized liquid requirements. They do not need to be 90% full, crushed, or shredded before disposal (SEE ALSO: Part 273).
 
12/30/1986CONTAINERIZED AND BULK HAZARDOUS LIQUIDS IN RCRA LANDFILLSMemo
 Description: Any absorbent, biodegradable or non-biodegradable, may be used for the treatment and disposal of free liquids in a landfill (SUPERSEDED: see 57 FR 54452; 11/18/92, and RPC# 11/17/93-02).
 
12/29/1986SURFACE IMPOUNDMENTS VIS-A-VIS NPDES-PERMITTED DISCHARGE POINTSMemo
 Description: A surface impoundment managing hazardous waste and that was not created by impounding water from “water of the US” is subject to RCRA. An impoundment located downgradient of an NPDES discharge point is regulated under CWA. Permit conditions are established by an EPA officer, not by the TSDF owner or operator.
 
12/15/1986DRY TOLUENE AND CARBON TETRACHLORIDE, SAFE DISPOSAL OFMemo
 Description: “Dry” toluene and carbon tetrachloride could be mobilized by other liquids in a landfill when disposed as regular trash .
 
12/04/1986REGULATORY INTERPRETATION REGARDING SPENT REFRACTORY BRICKS THAT ARE PROCESSED AT THE UNIVERSAL MATERIALS, INC. FACILITY IN MAGADORE, OHIOMemo
 Description: Spent refractory bricks as ingredients in new bricks are not solid waste unless speculatively accumulated. Processing (briquetting, crushing, repackaging) not recovering material values is not reclamation. If direct reuse is exempt, the spent material or by-product status is irrelevant. Waste pile representative sampling should entail dividing the waste pile into quadrants with each quadrant sampled using a two-dimensional grid and a random vertical core sample.
 
12/04/1986STANDARDS AGAINST WHICH 3004(O)(2) EQUIVALENCY PETITION SHOULD BE COMPARED - DOUBLE LINERMemo
 Description: The minimum technological requirement (MTR) (3004(o)) equivalency demonstration for landfills is evaluated against the interim statutory double-liner design (SEE ALSO: 57 FR 3462; 1/29/92).
 
12/01/1986EXISTING UNITS AND MIMIMUM TECHNOLOGY STANDARDSQuestion & Answer
 Description: Removing waste from a landfill, stabilizing it, and replacing it is not reuse or replacement of a landfill provided it is part of closure and no new waste is added. The landfill is still an existing unit and is not subject to the minimum technology standards of section 3004(o) (SEE ALSO: 57 FR 3464-3465; 1/29/92).
 
10/01/1986CORRECTIVE ACTION FOR NEW FACILITIESQuestion & Answer
 Description: The section 3004(u) corrective action authority covers all facilities seeking permits, including facilities at which no authorized hazardous waste management activity has taken place. Solid waste management units (SWMUs) include landfills, dumps, units in which RCRA-exempt wastes have been stored or disposed.
 
10/01/1986RETROFITTING SURFACE IMPOUNDMENTSQuestion & Answer
 Description: Surface impoundments not meeting the minimum technological requirements (3004(o)) cannot receive wastes after 11/8/88, unless the owner has obtained a variance. Closure does not have to occur by 11/8/88. The closure notification for an interim status unit is due by 6/8/88 (3005(j)).
 
09/05/1986SURFACE IMPOUNDMENT RECEIVING NON-HAZARDOUS WASTE AFTER HAZARDOUS WASTE W/O RETROFITTINGMemo
 Description: The HSWA and the legislative history do not state whether surface impoundments may receive nonhazardous waste after the final receipt of hazardous waste, EPA’s decision found in a 5/2/86 rule (SUPERSEDED: see 264.113(d), 265.113(d), and 54 FR 33376; 8/14/89).
 
09/01/1986HAZARDOUS WASTE TANK CLOSURE AND POST-CLOSUREQuestion & Answer
 Description: If the owner or operator closing a hazardous waste tank after 1/12/87 cannot remove and decontaminate all soil, etc. he/she must close the tank as a landfill, and comply with the post-closure and financial responsibility requirements. EPA may issue a section 3008(h) corrective action order if necessary.
 
08/11/1986CASE-BY-CASE EXTENSION UNDER THE LAND DISPOSAL RESTRICTIONS, INFORMATION REQUIREDMemo
 Description: An overview of information that EPA requires for receiving case-by-case extensions of the land disposal restrictions (LDR) effective date under section 3004(h)(3). Facilities can opt to use the treatment surface impoundment exemption under section 3005(j)(11).
 
08/07/1986LINER/LEACHATE COLLECTION SYSTEM COMPATIBILITYMemo
 Description: HDPE (high density polyethylene) is not a universal material for a liner and leachate collection system for surface impoundments, waste piles and landfills. Different HDPE material varies in physical and chemical properties. A liner and leachate collection system must be chemically resistant to waste in a landfill. This memo provides suggestions for testing landfill components.
 
07/15/1986LAND TREATMENT UNITS, DEPTH TO WATER TABLE REQUIREMENTMemo
 Description: The treatment zone in a land treatment unit must be one meter above the seasonally high water table.
 
07/01/1986INTERIM STATUS CORRECTIVE ACTIONQuestion & Answer
 Description: Section 3008(h) corrective action can apply to interim status surface impoundments that have certified clean closure, because the facility remains in interim status. Certification of clean closure does not terminate interim status. A list of four ways interim status can be terminated.
 
06/27/1986MUNICIPAL WASTE INCINERATOR ASH MANAGEMENTMemo
 Description: Municipal waste combustion (MWC) ash may exhibit a hazardous waste characteristic and, therefore, be subject to Subtitle C. Residues that do not exhibit a characteristic may be disposed of in a Subtitle D landfill (SEE ALSO: RPC# 3/22/95-01, 59 FR 29372; 6/7/94, 60 FR 6666; 2/3/95 and RPC# 10/1/94-02).
 
06/12/1986BULK LIQUIDS AND DRAIN/LEACHING FIELDSMemo
 Description: Section 3004(c)(1) applies only to bulk liquid hazardous waste. the land disposal restrictions (LDR) limit the number of organic wastes placed on the land. Surface drain fields are regulated under RCRA as a land treatment facility, subsurface drain fields are regulated under SDWA.
 
06/11/1986PROHIBITION ON THE PLACEMENT OF BULK LIQUID HAZARDOUS WASTE IN LANDFILLS - STATUTORY INTERPRETIVE GUIDANCEMemo
 Description: A discussion of the prohibition on the placement of bulk liquid hazardous waste in landfills, and statutory (3004(c)) interpretive guidance.
 
06/02/1986PAINTING CONTRACTOR WASTES-SMALL QUANTITY GENERATORMemo
 Description: Methylene chloride is a listed waste (F002) when used as a solvent and can be toxic. Muriatic acid is likely to be corrosive (D002) but not toxic. Generators who produce greater than 100 kg/mo are subject to regulation. CESQGs may dispose of hazardous waste in any state approved landfill.
 
05/27/1986RESIDUES FROM MUNICIPAL WASTE RESOURCE RECOVERY FACILITIES; MUNICIPAL WASTE COMBUSTION RESIDUES-ASH AND SLUDGEMemo
 Description: Municipal waste combustion (MWC) ash may exhibit the toxicity characteristic. Hazardous ash disposed in landfills is subject to all hazardous standards. EPA has authority under CAA and RCRA to control dust. RCRA is the primary authority for groundwater protection at active landfills (SEE ALSO: RPC# 10/1/94-02; 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95; RPC# 3/22/95-01).
 
05/23/1986LIME SLUDGE IMPOUNDMENT SLUDGE, DELISTING OFMemo
 Description: A lime sludge surface impoundment containing K049 and K051 may be subject to permitting and closure requirements even if no waste management occurs based on a Regional interpretation.
 
05/12/1986DEIONIZATION ACID REUSED, NOT A WASTEMemo
 Description: Corrosive materials (deionization acid) that are beneficially reused as effective substitutes for a virgin material, meet relevant specifications for contamination levels, and used under controlled conditions are not solid waste. Discussion of the retroactive application of exclusions from the definition of solid waste. A surface impoundment holding waste which has never been solid waste need not be closed.
 
05/01/1986TREATMENT WITHOUT A PERMITQuestion & Answer
 Description: Dilution is treatment, but the treatment in an accumulation tank or container under section 262.34 does not require a permit (SEE ALSO: 268.3, 268.7(a)(4)). A characteristic waste treated so it no longer exhibits a characteristic can be disposed of in a Subtitle D landfill (SEE ALSO: 268.9).
 
04/27/1986BAN ON USE OF LIQUIDS IN LANDFILLSMemo
 Description: Contact runoff from the active portion of landfill is a liquid hazardous waste because it is mixed with hazardous leachate (SEE ALSO: 61 FR 18779; 4/29/96). The placement of nonhazardous liquids on a landfill to meet requirements such as wind dispersal or dust suppression are not prohibited (3004(c)(3)).
 
04/21/1986LIQUIDS FOR WIND DISPERSAL CONTROL AT HAZARDOUS WASTE LANDFILLS, USE OFMemo
 Description: Nonhazardous liquids used for wind dispersal control at hazardous waste landfills are not subject to the section 3004(c)(3) liquid restrictions. The liquid restrictions cover treatment, storage, and disposal, not the use of a nonhazardous liquid for compliance with the technical requirements (SEE ALSO: current 264.301, 265.301).
 
04/21/1986NEUTRALIZATION SURFACE IMPOUNDMENTS, RETROFITTING VARIANCESMemo
 Description: Interim status surface impoundment may be exempt from retrofitting if they neutralize waste and demonstrate no migration of constituents. The section 3005(j)(4) exemption is similar to section 265.90(e). Section 3005(j)(2) may apply to a neutralization impoundment. An impoundment that is exempt from groundwater monitoring must comply with section 270.14(c).
 
04/09/1986NEUTRALIZATION SURFACE IMPOUNDMENTS, GROUNDWATER MONITORING FOR CLOSURE OF INTERIM-STATUSMemo
 Description: Interim status surface impoundments may close per section 265.228(b) without groundwater wells but remain subject to a post-closure permit (SEE ALSO: 63 FR 56711; 10/22/98), close per section 265.288(c) and install wells when a post-closure permit is called, or close per section 265.228(b) with wells and show closure by removal (SUPERSEDED: see 3/19/87; 52 FR 8704).
 
04/02/1986CLOSURE OF A DOE SURFACE IMPOUNDMENT THAT LOST INTERIM STATUSMemo
 Description: A waste from a surface impoundment that lost interim status may be removed, treated, and placed back in the unit at closure. The replacement of waste from the same surface impoundment for closure does not constitute reuse. When unable to remove all constituents from the unit the owner or operator should follow section 265.310 closure as a landfill requirements.
 
03/26/1986ABOVE-GROUND LAND EMPLACEMENT FACILITIES, N.J. LAWMemo
 Description: Above ground long-term storage or disposal is land disposal. Section 3004(c)(1) prohibits the addition of absorbent to bulk liquid hazardous waste for disposal in a landfill. Section 3004(c)(2) allows the addition of non-biodegradable absorbent to containerized hazardous liquid (SEE ALSO: RPC# 11/17/93-02), current 264.314, 265.314).
 
03/26/1986REPLACEMENT UNIT, DEFINITION, FOR SURFACE IMPOUNDMENTMemo
 Description: A replacement surface impoundment unit must retrofit to meet the liner and leachate collection system standards. Replacement unit means a unit is taken out of service, all or substantially all of the waste is removed, and the unit is reused. A surface impoundment is out of service if the normal flow of waste ceases. Ninetyfive percent (95%) removal is substantial removal. The receipt of new waste is reuse.
 
03/14/1986SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: The owner of a landfill applying for the liner exemption must show that the unit prevents migration of hazardous constituents. The bulk treatment for hazardous liquids cannot include absorption. Bulk liquids that have been chemically stabilized must pass the paint filter liquids test. Guidance on filtering groundwater prior to analysis. Brass bailers should not be used when sampling groundwater for metals. Guidance on the use of mathematical models when aquifers have unique features. The definition of a solid waste management unit (SWMU) includes the areas with routine and systematic releases. The use of surface water limits as Alternate Concentration limits (ACLs). Guidance on determining the potential point of exposure for ACL applications. The use of modeling information in establishing ACLs. ACL guidance allows grouping of hazardous constituents. Activated carbon filtration may not be appropriate for pentachlorophenol (PCP)-contaminated groundwater. Corrective action programs for regulated land disposal units must be part of a facility’s permit. The owner of a facility who counterpumps contaminated groundwater during corrective action must handle the contaminated groundwater as a hazardous waste, the Part B application must include groundwater management procedures.
 
03/06/1986GASEOUS EMISSIONS FROM LANDFILLSMemo
 Description: the EPA has authority under RCRA sections 3004(n) and 4004(a), and CAA to regulate gaseous emissions for hazardous and nonhazardous waste landfills (refer to CAA regulations for additional information).
 
03/03/1986CONSTRUCTION OF A NEW LANDFILL CELL AND THE OMNIBUS PROVISIONMemo
 Description: The construction of a new landfill cell at an interim status facility does not require a permit if the unit was detailed in an original Part A application. The landfill cell must have a double liner and a leachate collection system. A set of guidance on the location criteria and vulnerable groundwater for TSDFs. The omnibus permitting authority (3005(c)(3)) applies to permit conditions, and gives EPA a right to impose additional requirements on the construction of a new landfill cell at an interim status facility that is otherwise exempt from changes during interim status provisions (i.e., does not need to submit modified Part A).
 
02/25/1986TORPEDO PROPULSION UNITS SHIPPED FOR RECYCLING, REGULATION OFMemo
 Description: Metal torpedo components which must be decontaminated before reuse are not exempt under 261.2(e). Components are scrap metal and are exempt when reclaimed. A sump defined as a tank can be a wastewater treatment unit (WWTU). Hazardous waste (HW) surface impoundments are not WWTUs. If it is storing HW prior to neutralization and is not part of WWTU or other exempt unit, a sump is subject to 262.34 or Parts 264/Part 265.
 
01/31/1986RCRA CORRECTIVE ACTION PROCEDURES AND AUTHORITIESMemo
 Description: Discusses the procedures for terminating interim status. The applicability of corrective action to land disposal units receiving hazardous wastes after 7/26/82. The applicability of and authorities for corrective action and monitoring requirements for facilities undergoing closure with continuous releases. Guidance on fuels as a hazardous wastes (SEE ALSO: 59 FR 55778; 11/8/94).
 
12/13/1985LAND DISPOSAL UNIT CLOSURE - CLARIFICATION OF PROPOSED AND PROMULGATED RULESMemo
 Description: A land disposal unit that closes prior to the effective date of any regulation listing or characterizing a waste in the unit as hazardous is not regulated under Subtitle C (active management). The same unit located at an interim status facility or a facility seeking a permit may be subject to portions of HSWA. Under 3004(o)(1)(A), landfill and surface impoundment permits must require the installation of liners, leachate collection systems, and groundwater monitoring systems (minimum technological requirements (MTR)). Section 3005(j) requires interim status surface impoundments in existence on 11/8/84 to be in compliance with MTR (3004(o)) by 11/8/88. A surface impoundment that becomes regulated after 11/8/84 due to a new listing or characteristic is subject to the minimum technological requirements (MTR) four years from date of a new listing or characteristic (3005(j) and 3004(o)(1)). A land disposal unit that is not required to obtain a RCRA permit and not otherwise subject to HSWA does not have to be retrofitted under 3004(o).
 
12/05/1985PROHIBITION ON PLACING LIQUIDS IN LANDFILLMemo
 Description: The addition of absorbent to a bulk liquid hazardous waste intended for disposal violates RCRA (SEE ALSO: 11/17/93-02). The land disposal definition for the land disposal restrictions (LDR) includes landfills (3004(k)). An authorized State must permit the landfill under RCRA to be a RCRA landfill, a deviation under state law does not constitute a RCRA permit.
 
11/14/1985SURFACE IMPOUNDMENT RECEIVING LEACHATE, REGULATION OFMemo
 Description: A surface impoundment accepting landfill leachate exhibiting a characteristic is a hazardous waste facility.
 
10/18/1985SOLIDTEK LANDFILL/LINER DESIGNMemo
 Description: Discusses the landfill bottom liner permeability requirement for a three-foot recompacted clay bottom liner. A composite bottom liner design is more protective (SUPERSEDED: see 57 FR 3462; 1/29/92).
 
10/01/1985PERSONNEL TRAINING DURING POST-CLOSUREQuestion & Answer
 Description: Personnel training may not be required during post-closure if the owner or operator of an interim status surface impoundment or landfill is no longer actively managing hazardous waste. The owner must address all of the information requirements of 270.14 and 270.17 in post-closure permit application.
 
10/01/1985WASTE PILES AND POST-CLOSURE PERMITS, APPLICATION OF NOVEMBER 1988 DEADLINE TOMemo
 Description: Waste piles, since they are land disposal units, should have had permit applications issued or denied by November 1988 (HSWA 3005(c)(2(A)(i)). Discusses priorities for issuing post-closure permits. EPA can apply 3008(h) or 3004(u) (through post-closure permits) at land disposal units with likely or actual releases (SEE ALSO: 63 FR 56711; 10/22/98).
 
09/20/1985ABSORBENTS FOR CONTAINERIZED LIQUID HAZARDOUS WASTES, USE OFMemo
 Description: The statute prohibiting disposal of liquids in biodegradable sorbents in landfills (3004(c)(2)) is not effective until the regulations are promulgated (SEE ALSO: 57 FR 54452; 11/18/92).
 
09/01/1985NON-HAZARDOUS LIQUIDS BANQuestion & Answer
 Description: The ban on nonhazardous liquids in landfills applies to any waste that is liquid or contains free liquids as determined by the paint filter liquids test (Method 9095). Nonhazardous liquid solidified with absorbents can be land disposed if no free liquids (SUPERSEDED: See 264.314, 265.314).
 
08/27/1985GROUNDWATER QUALITY AT CLOSUREMemo
 Description: Groundwater quality is an integral part of closure for surface impoundments and waste piles. Post-closure permits, 3008(h) corrective action orders, and 3004(u) corrective action can be used to supplement interim status regulations. The approval and completion of closure by removal does not preclude the use of 3008(h) or 3004(u). A summary of 3005(i), 3004(u), and 3008(h) authorities as they pertain to surface impoundments and waste piles.
 
08/07/1985LIQUID HAZARDOUS WASTES IN LANDFILLSMemo
 Description: The paint filter liquids test is used to verify no free-standing liquid. A definition of free-standing liquid vs. free liquid. Eliminate free-standing liquid before placement in landfill (3004(c)(1)). Stabilization of liquid on manifested solid is treatment requiring permit unless it meets addition of absorbent exemption.
 
08/01/1985LEAK NOTIFICATIONQuestion & Answer
 Description: While Sections 264.221 and 265.221 do not require notification when a leak is detected in a surface impoundment’s secondary leachate collection system, EPA will include a notification requirement in the draft permit, including the notification of leakage rate and the concentrations of hazardous constituents.
 
08/01/1985MINIMUM TECHNOLOGICAL REQUIREMENTSQuestion & Answer
 Description: The design, construction, and operation of a surface impoundment and landfill liners meeting interim statutory design of 3004(o)(5)(B) should prevent migration of hazardous constituents as long as unit remains in operation, including post-closure (SUPERSEDED: See 264.221(c), 265.221(c))
 
07/25/1985INTERPRETATION OF 3005(J)(1)Memo
 Description: An interim status surface impoundment that is not meeting 3005(j) minimum technical requirements by 11/8/88 must certify closure or demonstrate that technical closure requirements are met.
 
07/17/1985SURFACE IMPOUNDMENTS/LAND TREATMENT UNITS REGULATION IF ASSOCIATED WWT SLUDGES ARE LISTEDMemo
 Description: Since any pollution abatement technique such as land treatment, disposal, or storage of a wastewater will invariably form a sludge, F-listed, K-listed, and characteristic sludges can be formed in situations where wastewaters are stored or disposed (i.e., not specifically treated). Discussion of the point of generation.
 
07/16/1985SULFIDE REACTIVITY CHARACTERISTICMemo
 Description: There is no approved test method for the reactivity characteristic (D003). 500 mg/kg available sulfide is adopted as the interim action level (SUPERSEDED: see RPC# 4/21/98-01). A surface impoundment which is a neutralization pond receiving only corrosive waste (D002) is exempt from groundwater monitoring.
 
07/10/1985REVISED DEFINITION OF SOLID WASTE PURSUANT TO HSWAMemo
 Description: Carbon regeneration facilities storing carbon before recycling need a permit for storage if they are an incinerator. If they are not an incinerator, they are exempt (may be BIF). Drum recyclers handling empty containers do not need a storage permit. The storage of non-empty containers would require at least a permit for hazardous waste storage. Spent activated charcoal or carbon is usually a spent material. If for pollution control, it would be a sludge. Carbon is hazardous waste (HW) if it contains a listed waste (contained-in policy) or exhibits a characteristic(SEE ALSO: 66 FR 27266; 5/16/01). Carbon is unlikely to exhibit a characteristic. Generators storing HW spent activated carbon are subject to accumulation time regulations. A closed municipal solid waste landfill (MSWLF) suspected of holding HW is subject to corrective action if the facility requires a permit or interim status and is subject to CERCLA.
 
07/01/1985DEFINITION OF EXISTING PORTIONQuestion & Answer
 Description: If a landfill has waste placed over fifty percent of the surface area, only the covered portion of the unit is an “existing portion,” not the whole unit.
 
05/29/1985BAN ON DISPOSAL OF LIQUIDS IN LANDFILLSMemo
 Description: RCRA section 3004(c) prohibits the disposal in landfills of containerized liquids absorbed in materials, that when compressed, release liquids. The use of chemical stabilization to convert a liquid to a solid is not the only option for dealing with bulk liquid hazardous waste.
 
05/10/1985CONTINUED LANDFILL DISPOSAL OF LAB PACKSMemo
 Description: Legislative history suggests that section 3004(c)(2) intended to allow the continued landfilling of lab packs in accordance with existing regulations.
 
05/01/1985LIQUIDS AND FREE LIQUIDS, DEFINITION OFQuestion & Answer
 Description: The paint filter test (method 9095) is used to determine if a material is a liquid under section 3004(c)(3) (Liquids in Landfills). EPA believes that Congress intended the term “liquid” in section 3004(c)(3) to encompass free liquids as well as liquids.
 
04/23/1985RCRA METHODS AND QA ACTIVITIES (NOTES)Memo
 Description: Delisting public meetings were held. SW-846 was updated. A discussion of the development of new methods, reevaluation of existing methods: 9022, 450.1, 8030, 8090, 8280. An overview of using gas chromatography/Fourier transform infrared protocol for semivolatile organics. Discusses the methods for compounds that do not use gas chromatograph. EPA is developing a sorbent pressure test method to determine if sorbents will release liquids under simulated landfill pressure.
 
04/01/1985HSWA MINIMUM TECH REQUIREMENTS FOR LINERS AND LEACHATE COLLECTION SYSTEMSMemo
 Description: Existing land-based units (surface impoundments, waste piles, and landfills) must be upgraded to meet minimum technological requirements (MTR) for double liners and leachate collection systems.
 
03/01/1985WASTE PILE LINERS - MTR (264.251)Question & Answer
 Description: The 3004(o) minimum technological requirements apply to landfills and surface impoundments, but not to waste piles. RCRA 3015(a) imposes liner and leachate collection requirements on new interim status waste piles, lateral expansions, and replacements. Expansions of interim status waste piles must be lined if they exceed the boundaries of the existing unit (3015(a)).
 
01/22/1985NONHAZARDOUS LIQUID WASTEWATERS AND SLUDGES IN SANITARY LF UNDER RCRA AND HSWA, DISPOSAL OFMemo
 Description: There are no federal regulatory provisions on the disposal of bulk or containerized nonhazardous liquid wastes in a nonhazardous solid waste landfill or a municipal solid waste waste landfill (MSWLF). Disposal of nonhazardous liquid waste in hazardous waste landfills is prohibited (SUPERSEDED: see 56 FR 50978; 10/9/91).
 
01/11/1985LANDFILL GAS CONDENSATE, REGULATION OFMemo
 Description: Landfill gas condensate from a landfill containing listed wastes is listed. Condensate from municipal waste or characteristic waste is hazardous only if it is characteristic. Condensate from household waste only is exempt. The household hazardous waste (HHW) exclusion applies to household hazardous waste being collected, treated, disposed, and its resulting residues.
 
01/01/1985FINANCIAL REQUIREMENTS FOR INACTIVE SURFACE IMPOUNDMENTSQuestion & Answer
 Description: An owner of a TSDF with an inactive surface impoundment must maintain both sudden and nonsudden liability insurance until closure is certified, even if the unit is not currently used to store hazardous waste.
 
01/01/1985TREATMENT SURFACE IMPOUNDMENTS LOSING INTERIM STATUS BECAUSE OF NON-COMPLIANCE WITH GWM AND FINANCIAL RESPONSIBILITY REQUIREMENTSQuestion & Answer
 Description: Owners and operators of interim status land treatment units were required to submit a Part B application, certify compliance with groundwater monitoring, and obtain financial assurance by 11/8/85 (3005(e)(2)). Land disposal units include all land-based hazardous waste management systems.
 
12/07/1984OILY WASTEWATER TREATMENT PONDS, PERMITTING COVERAGE OFMemo
 Description: The regulatory status of and options for permitting and managing oily sludges generated in refinery wastewater treatment ponds and surface impoundments is discussed (SUPERSEDED: see 261.31, F037 and F038 listings).
 
12/07/1984OIL/WATER EMULSIONS GENERATED BY PETROLEUM REFINERY WW SYSTEMS-K049 WASTEMemo
 Description: Slop oil emulsion solids (K049) are generated in the first vessel where the emulsion stratifies. Oil reclaimed in slop oil/oil recovery systems is not a hazardous waste (SEE ALSO: 261.4(a)(12)). Emulsion breaking in surface impoundments/earthen devices is considered storage. Non-reclaimed emulsion is a hazardous waste even if it is reclaimable. Storage not directly related to the reclamation process needs a permit.
 
12/01/1984ADDITION OF A SURFACE IMPOUNDMENT AT AN INTERIM STATUS FACILITYQuestion & Answer
 Description: Adding a new surface impoundment is an increase in design capacity requiring an owner or operator of an interim status facility to submit a revised Part A permit application. An increase in design is subject to the reconstruction limit for changes during interim status.
 
11/14/1984LEACHATE AND PRECIPITATION RUN-OFF AT LFS, WASTE PILES, AND LT UNITS, HAZARDOUS WASTE FROM MIXTURE OFMemo
 Description: Precipitation run-off (PRO) is not presumed to be a hazardous waste. Mixtures of hazardous waste leachate and PRO are hazardous. PRO from active portions of landfills/waste piles is presumed to be hazardous due to mixing with the leachate. PRO from closed portions of landfills is presumed to be nonhazardous. PRO from land-treatment units is presumed to be nonhazardous. PRO is a liquid which flows over and quickly off the land. PRO is excluded from the derived-from rule. PRO is hazardous if it exhibits a characteristic or is mixed with a hazardous waste. Leachate refers to liquid that has made significant contact with hazardous waste. Leachate from a characteristic waste is presumed hazardous until it is shown not to be hazardous. Under the mixture rule, waste mixtures containing a characteristic waste are like other solid waste and are hazardous if they exhibit a characteristic.
 
11/13/1984LIQUIDS IN LANDFILLS PROHIBITIONMemo
 Description: The statutory ban on disposal of bulk liquids in hazardous waste landfills does not prohibit disposal of liquids after proper chemical stabilization (SEE ALSO: RPC# 11/17/93-02; 57 FR 54452; 11/18/92).
 
11/12/1984PLACEMENT OF BULK LIQUIDS IN LANDFILLMemo
 Description: Solidification of a bulk or noncontainerized liquid in a pit at the bottom of an unlined landfill cell is prohibited. Treatment or stabilization of a liquid must occur before disposal.
 
10/01/1984WASTE DUMPED ON GROUND CONSIDERED STORAGE IN A WASTE PILEQuestion & Answer
 Description: If waste is dumped on the ground outside of a land treatment unit, the area should be regulated as a waste pile or landfill. EPA does not recommend dumping and spreading as an adequate land application procedure (SEE ALSO: 61 FR 18779; 4/29/96).
 
09/18/1984CLOSURE PLAN COMMENTS/ISSUES (CRUCIBLE STEEL)Memo
 Description: The requirement for a final cover at the closure of a landfill should not be delayed to allow continued disposal of nonhazardous waste. A delay of closure must be related to the need for extra time to complete closure activities or to a transfer of the operation to new parties (SUPERSEDED: see current 265.113(d)). A landfill’s final cover may be covered by nonhazardous waste only if it is necessary to the proposed use of the property and if it will not increase potential hazards.
 
09/10/1984DESIGN AND OPERATING STANDARDSMemo
 Description: The regulatory intent of the landfill liner requirement is the construction of a liner rather than relying on hydrogeologic forces. The regulations have no general provisions for waiving a specific section on a case-by-case basis. Land disposal facility liners must be synthetic.
 
09/10/1984IMPROVEMENTS TO SURFACE IMPOUNDMENTS UNDER INTERIM STATUSMemo
 Description: Rebuilding existing storage surface impoundments at an interim status facility is a permissible change provided the capacity of impoundments is not enlarged and no new units are added, and provided changes do not exceed the reconstruction limit.
 
08/01/1984LANDFILLS WITH EP TOXIC LEACHATE, REGULATION OFQuestion & Answer
 Description: Once leachate is collected, subsequent management is regulated if the leachate is a hazardous waste. If extraction procedure (EP) (SUPERSEDED: see 261.24) toxic leachate collected from a sanitary landfill is pumped back into the landfill, the landfill is subject to TSDF requirements (SUPERSEDED: see 258.28(a)(2)).
 
07/01/1984WASTE AS LIQUID OR SOLID, DETERMINATION OFQuestion & Answer
 Description: The phase of a waste should be determined just prior to landfill disposal. If a waste liquefies during transportation, it is proper to allow a shipment of containers to stabilize or solidify before performing the free liquids test (SEE ALSO: 40 CFR 268.3).
 
05/25/1984ANALYTICAL METHODS FOR PETROLEUM REFINING RESIDUES AND WASTESMemo
 Description: Guidance is provided on the analytical methods for petroleum refinery wastes that are the subject of a land treatment permit application (cover letter for “Handbook for the Analysis of Petroleum Refinery Residues and Waste”). A land treatment permit application should include total metal concentrations, not extraction procedure (EP) results.
 
05/14/1984VARIANCE FROM 264 LANDFILL LINER & LEACHATE COLLECTION REQUIREMENTSMemo
 Description: A waiver from landfill liner and leachate collection requirements cannot be granted when the leachate enters groundwater, even when a nearby aquifer will not be contaminated.
 
05/01/1984CHECK LISTS FOR PERMIT APPLICATIONSQuestion & Answer
 Description: The check list in the “Permit Applicants Guidance Manual for Hazardous Waste Land Treatment, Storage, and Disposal Facilities” should be included in a Part B permit application, although there are no formal application format requirements.
 
05/01/1984NO LINER REQUIREMENT FOR EXISTING SURFACE IMPOUNDMENTSQuestion & Answer
 Description: Owners of existing surface impoundments are not required to install liners. Owners of existing surface impoundments with liners are not required to describe them in a Part B permit application, although EPA recommends otherwise.
 
05/01/1984TANK V. SURFACE IMPOUNDMENTQuestion & Answer
 Description: An explanation of the difference between tanks and surface impoundments is provided. Tanks are self-supporting, while surface impoundments require supporting earthen materials (SEE ALSO: RPC# 4/8/83-01).
 
05/01/1984ZERO DISCHARGE FROM WASTEWATER TREATMENT FACILITIESQuestion & Answer
 Description: The scope of the 261.3(a)(2)(iv) mixture rule exemption parenthetical phrase on eliminated discharge is discussed. A surface impoundment subject to the zero discharge guidelines may qualify for the exclusion.
 
04/10/1984RUN-OFF FROM ACTIVE PORTIONS OF HAZARDOUS WASTE MANAGEMENT UNITSMemo
 Description: Discussion of the regulatory status of precipitation runoff from active and inactive landfill units (derived-from rule, mixture rule). Discussion of distinctions between precipitation runoff and mixtures of precipitation with hazardous waste or hazardous waste leachate.
 
04/03/1984LAND TREATMENT PERMIT APPLICATIONS - REFINERY WASTE ANALYSES GUIDANCEMemo
 Description: Appendix VIII constituents are to be used for petroleum waste delistings and land treatment unit permit applications. Discussion of the original "Skinner List" (SUPERSEDED: see RPC# 11/1/94-02).
 
04/01/1984API SEPARATOR WASTEWATER AND SLUDGEQuestion & Answer
 Description: Wastewater from an API separator is not hazardous if it is not characteristic. Sludge precipitated from this wastewater in a surface impoundment is K051. Solids from filtering such wastewater are K051. The definition of an API separation system is discussed.
 
03/01/1984TANKS AND SURFACE IMPOUNDMENTS HOLDING DE MINIMIS SPILLSQuestion & Answer
 Description: A tank or surface impoundment used to contain de minimis spills of commercial chemical products (CCPs) prior to the promulgation of the 261.3(a)(2)(iv)(D) mixture rule exemption is subject to interim status standards until 11/17/81, including closure requirements.
 
02/07/1984LINER DESIGN COMMENTS (CWM, EMELLE,AL)Memo
 Description: The regulatory intent of the landfill liner requirement is to construct a liner rather than rely on hydrogeologic forces.
 
01/01/1984CIRCUMSTANCES FOR OBTAINING INTERIM STATUS FOR UNITS AT AN INTERIM STATUS FACILITYQuestion & Answer
 Description: A surface impoundment storing nonhazardous waste on 8/18/80, may still qualify for interim status if the owner or operator retests the waste after 11/19/80, and discovers the waste is hazardous. An impoundment meets the intent of “existing portion” and does not need a liner.
 
01/01/1984POST-CLOSURE REQUIREMENTS FOR SURFACE IMPOUNDMENTS LOCATED IN A 100 YEAR FLOOD PLAINQuestion & Answer
 Description: The floodplain requirement under 264.18(b) applies even during post-closure of a surface impoundment. If dikes are lowered to reduce the height of a closure cap, the owner or operator must demonstrate that the design will be protective.
 
01/01/1984PROTECTIVE COVER REQUIREMENT FOR PERMITTED SURFACE IMPOUNDMENTSQuestion & Answer
 Description: Part 264, Subpart K, indirectly addresses protective covers for surface impoundments through the performance standards in 264.221 and 264.226. RCRA guidance recommends a protective cover.
 
11/01/1983DEFINITION OF SURFACE IMPOUNDMENTQuestion & Answer
 Description: A ditch constructed primarily of earthen materials would meet the definition of a surface impoundment. Diluting hazardous waste in a ditch until it is no longer hazardous is treatment.
 
10/21/1983LEACHATE FROM A MUNICIPAL LANDFILL, REGULATION OFMemo
 Description: Leachate from municipal landfills must be handled as hazardous if it is characteristic. The landfill is the generator of the waste. Nonhazardous leachate can be recycled into the landfill. Hazardous leachate must go to a TSDF or POTW unless the landfill is an exempt small quantity generator (SUPERSEDED: for landfill leachate recirculation, see 258.28) (SEE ALSO: 261.31 (F039 listing), 261.5, 262.34).
 
06/10/1983SPENT SOLVENT LISTINGS & LEACHATE FROM SANITARY LFS THAT RECEIVED HAZARDOUS WASTEMemo
 Description: Spent 1,1,1-TCE from a cleaning process is F002. Process waste containing TCE is not listed unless it is mixed with listed solvent, although it may be characteristic. Sanitary landfill leachate containing listed solvent is listed HW.
 
05/01/1983QUALIFIED VS. PROFESSIONAL ENGINEERQuestion & Answer
 Description: Under 264.226(c), “qualified” engineer does not have to be a registered professional engineer, but can include others whose training or background would qualify them to certify that the surface impoundment’s dike has structural integrity.
 
04/08/1983TANK AND SURFACE IMPOUNDMENT, DEFINITIONSMemo
 Description: A facility must evaluate units as free standing and filled to design capacity. Tanks have walls or shells that provide sufficient structural support to maintain structural integrity of the unit. Surface impoundments will not retain structural integrity without supporting earthen materials.
 
01/11/1983CLOSURE & POST-CLOSURE REQUIREMENTS REGARDING HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIESMemo
 Description: Recontouring a final cover and adjusting in-place waste is not considered receipt of hazardous waste at a closed facility. Closure and post-closure plans are to account for vegetation and liquid inputs. Landfill closure standards require a final cover to minimze the migration of liquids through the closed landfill. Discussion of the addition of liquids during versus after closure (may be allowed during closure, including leachate recirculation, if part of closure plan). The recirculation of leachate during operation is not a closure activity. Receipt of hazardous waste after 1/26/83 causes impoundment or landfill to be a regulated unit, but redeposit of treated waste during closure does not make the unit regulated unit. If a landfill is a series of separately lined trenches, each trench is a separate waste management unit.
 
01/01/1983REGULATORY STATUS OF UNIT AND WASTE IF NONHAZARDOUS WASTE BECOMES REACTIVE WHEN DEWATEREDQuestion & Answer
 Description: Nonhazardous wastewater that becomes reactive (D003) when it is dewatered may cause a surface impoundment to be subject to regulation unless the waste is immediately removed.
 
12/29/1982LAND DISPOSAL PERMIT STRATEGYMemo
 Description: Discusses the historical priorities for permitting of land disposal units (surface impoundments, waste piles, land treatment units, and landfills).
 
12/01/1982EXEMPTION FROM LINER REQUIREMENTS FOR EXISTING PORTIONSQuestion & Answer
 Description: The exemption from the liner requirements for existing portions of landfills, surface impoundments, and waste piles applies to bottom and side liners.
 
10/01/1982AUTHORIZING FOR WRITING PERMITS FOR SURFACE IMPOUNDMENTSQuestion & Answer
 Description: Provides guidance on issuing permits for surface impoundments when the state has limited interim authorization.
 
10/01/1982SURFACE IMPOUNDMENT SUBMITTING PART BQuestion & Answer
 Description: The part B permit application for a surface impoundment that does not accept hazardous wastes after 1/26/83 does not have to address 264 Subpart F. An impoundment would be subject to Part 265, Subpart F (SUPERSEDED: see current 264.90(a)).
 
02/01/1982GROUNDWATER MONITORING AND LEAKING WASTE PILESQuestion & Answer
 Description: An interim status waste pile leaking hazardous leachate into the ground is out of compliance. The owner or operator can take remedial action or modify their Part A permit application, reclassifying the waste pile as a land treatment unit or landfill, for which groundwater monitoring would be required under changes during interim status.
 
03/12/1981INTERIM STATUS OF PROPOSED LANDFILL CELLSMemo
 Description: Proposed landfill cells included in a part A permit application may qualify for interim status.
 
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