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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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Show details for Best Demonstrated Available Technology (BDAT)Best Demonstrated Available Technology (BDAT)
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Hide details for Large Quantity Generators (LQG)Large Quantity Generators (LQG)
02/26/2014COMPLIANCE WITH THE STORAGE REQUIREMENTS OF 40 CFR 265.17(A) AND 265.176 FOR IGNITABLE OR REACTIVE HAZARDOUS WASTEMemo
 Description: A large quantity generator (LQG) must comply with both 40 CFR 265.17(a) and Part 265, Subpart I, including the 50 foot boundary requirement for containers holding ignitable and reactive hazardous waste in 265.176. Section 265.176 is taken from the National Fire Protection Association’s (NFPA) Flammable and Combustible Code of 1977 (NFPA 30). If a LQG is able to comply with 265.17(a) but unable to comply with the 50 foot boundary requirement for the accumulation of ignitable and reactive hazardous waste in 265.176, EPA recommends that the generator work with the EPA regional office or state inspector to determine if the local fire department or fire marshal will provide a written waiver from having to comply with the 50 foot boundary requirement.
 
12/14/2011RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) BIENNIAL REPORT REQUIREMENTS FOR COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) RESPONSE ACTIONSMemo
 Description: For purposes of CERCLA response actions, EPA considers the RCRA biennial reporting requirement to be an administrative requirement, which only applies to off-site actions. Therefore, any RCRA hazardous waste generated on-site as part of a Superfund response action and managed on-site must comply with all substantive RCRA requirements but need not comply with administrative requirements, such as RCRA biennial reporting requirements. Any RCRA hazardous waste generated on-site and managed off-site is subject to all RCRA requirements, including, where applicable, biennial report requirements. RCRA regulations require biennial reporting from large quantity generators (LQGs). Hazardous waste generators at CERCLA sites may either report all RCRA hazardous waste managed off-site without evaluating whether they are an LQG or determine if, in any calendar month, the site is an LQG, and if so, report all RCRA hazardous waste that is generated on-site, but managed off-site for the entire calendar year.
 
03/17/2004FREQUENTLY ASKED QUESTIONS ABOUT SATELLITE ACCUMULATION AREASMemo
 Description: Summary of generator accumulation regulations. Both LQGs and SQGs may establish satellite accumulation areas (SAA). Waste in excess of 55 gallons or 1 quart of acute hazardous waste must be removed within three days. When a generator exceeds 55 gallons or 1 quart acute hazardous waste, the container must be dated. The generator must date container again when it is moved to central accumulation area. Three days means three consecutive days. There is no federal requirement that full containers of hazardous waste be removed from an SAA within three days of being filled. Generators may transfer hazardous waste between containers to facilitate storage, transportation, or treatment. Containers in SAAs do not have to comply with the air emission standards of Part 265 Subparts AA, BB, and CC. Inspections of SAAs are not required if SAA meets 262.34(c) requirements. Personnel working in SAAs not required to have training. It is permissible to have more than one waste in an SAA and more than one container of hazardous waste in an SAA. The regulations do not limit the total number of SAAs at a generator facility. Generators may not move hazardous wastes between SAAs. A single SAA may have multiple points of generation. Generators must include all hazardous waste in their SAAs in monthly quantities for determining their generator status. Containers attached to equipment discharging hazardous waste must comply with SAA regulations and is a point of generation. Small containers (vials or tubes) may be placed in properly labeled larger containers. (SEE ALSO: 75 FR 12989, 12994; March 18, 2010)
 
06/01/2003START DATES ON LARGE QUANTITY GENERATOR TANKSQuestion & Answer
 Description: A large quantity generator (LQG) accumulating hazardous waste in a tank must mark the tank with the date upon which the hazardous waste accumulation period begins. The requirement is not cited in 40 CFR 262.34(a)(2), but EPA intended for both tanks and containers to be marked with the accumulation start date (SEE ALSO: 51 FR 10146, 10160; 3/24/86). The requirement ensures that an LQG accumulates hazardous waste in accordance with the 90-day accumulation time limit.
 
01/01/2003FREQUENTLY ASKED QUESTIONS ON GENERATOR TREATMENTQuestion & Answer
 Description: Small quantity generators (SQGs) and large quantity generators (LQGs) may treat hazardous waste on site without a permit provided they comply with 262.34 and conduct no thermal treatment. Conditionally exempt small quantity generators (CESQGs) may treat hazardous waste on site without a permit provided they meet one of the conditions in 261.5(g)(3)(iii) through (vii). No generator may conduct thermal treatment without a permit. SQGs cannot treat in containment buildings or on drip pads and continue to operate under the reduced 262.34(d) standards. Only SQGs that operate under LQG standards may use these units. State implementing agencies may have more stringent rules regarding generator treatment.
 
07/01/2002GENERATOR ACCUMULATION REQUIREMENTS FOR HAZARDOUS WASTE THAT IS NOT BEING SHIPPED OFF SITEQuestion & Answer
 Description: Large quantity generators (LQGs) that generate hazardous waste (HW) on site and subsequently treat or dispose of the same HW on site must comply with the generator accumulation requirements. Section 262.10, Note 1, does not exclude waste treated or disposed of on site.
 
06/01/2001The National Biennial RCRA Hazardous Waste Report (Based on 1999 Data) - List of Large Quantity GeneratorsPublication
 Description: The List of Large Quantity Generators identifies every hazardous waste generator in the United States that reported itself to be a large quantity generator in 1999.
 
02/01/2001LAND DISPOSAL RESTRICTIONS NOTIFICATION REQUIREMENTS FOR DECHARACTERIZED WASTEQuestion & Answer
 Description: A large quantity generator (LQG) who fully treats a characteristic waste to meet the land disposal restrictions (LDR) must certify that the waste meets treatment standards as specified in 268.7(b)(4)(v). Notification and certification forms should not accompany shipments from generators to Subtitle D facilities (SEE ALSO: 55 FR 22520, 22663; 6/1/90). Once the waste has been decharacterized, the generator must send a one-time written notification and certification to the authorized state or EPA region and place copy in the facility’s files.
 
11/01/2000LAND DISPOSAL RESTRICTIONS NOTIFICATION REQUIREMENTS FOR CONTAMINATED SOILQuestion & Answer
 Description: Generator of contaminated soil that does not meet LDR treatment standard at point of generation is subject to 268.7(a)(2) notification requirements. Generator of contaminated soil which meets treatment standard at point of generation is subject to notification requirements of 268.7(a)(3)(ii). Generator must send one-time written notice containing LDR information to TSDF and place copy in files in both situations (SEE ALSO: 63 FR 28556, 28620; 5/26/98).
 
07/31/2000REGULATORY STATUS OF WASTE GENERATED BY CONTRACTORS AND RESIDENTS FROM LEAD-BASED PAINT ACTIVITIES CONDUCTED IN HOUSEHOLDSMemo
 Description: Lead-based paint (LBP) debris generated by contractors in households is excluded household hazardous waste. LBP waste from abatement, renovation, and remodeling in homes and other residences eligible for exclusion. LBP waste from households may be subject to state, local and/or tribal government regulation (SEE ALSO: 63 FR 70233; 12/18/1998).
 
12/01/1999INSPECTION OF SATELLITE ACCUMULATION CONTAINERSQuestion & Answer
 Description: Large quantity generators (LQG) are not required to conduct a weekly inspection of containers in satellite accumulation areas so long as they comply with the provisions of 262.34(c). Authorized states may require weekly inspection of containers in satellite accumulation areas, as states may have more stringent requirements than the federal regulations.
 
09/01/1999The National Biennial RCRA Hazardous Waste Report: List of Large Quantity Generators (Based on 1997 Data)Publication
 Description: The List of Large Quantity Generators identifies every hazardous waste generator in the United States that reported itself to be a large quantity generator in 1997. It also includes a copy of the Executive Summary (530-S-99-036).
 
02/01/1999MOVEMENT OF WASTE BETWEEN SATELLITE ACCUMULATION AREASQuestion & Answer
 Description: Large quantity generators (LQG) and small quantity generators (SQG) with multiple satellite accumulation areas cannot move wastes between satellite accumulation areas. Waste that leaves a satellite accumulation area should be destined for an accumulation area which is fully regulated under 262.34(a) or (d), or Parts 264 or 265.
 
12/01/1998GENERATOR CLOSURE REQUIREMENTSMemo
 Description: Large quantity generator (LQG) closure standards require the minimization of need for further maintenance, the minimization or elimination of post-closure escape of hazardous waste or constituents, and decontamination or removal of all contaminated equipment, structures, and soils. LQGs storing or treating waste in tanks, drip pads, or containment buildings are also subject to unit-specific closure standards. Small quantity generators (SQG) managing waste in tanks must remove all hazardous waste, discharge control equipment, and discharge confinement structures. Conditionally exempt small quantity generators (CESQG) do not have closure requirements.
 
10/23/1998PERMITTING OF CATALYZED ELECTROCHEMICAL OXIDATION PROCESSMemo
 Description: Non-thermal treatment process may qualify for generator exclusion from permitting provided the system meets the definition of a tank or container, complies with all applicable tank and container management standards, and treats waste generated on-site within the time periods specified in 262.34.
 
10/09/1998REPORTING OF WASTEWATERS IN 1997 BRS CYCLEMemo
 Description: EPA decided not to include any wastewater data in 1997 Biennial Report National Report due to difficulties in separating exempt from non-exempt wastewaters.Historically only non-exempt wastewaters have been reported which gave incomplete picture of wastewater generation and management (NOTE: See 2001 Biennial Report Forms for current requirements).
 
03/01/1998CONTRACTORS AND HAZARDOUS WASTE TRAINING REQUIREMENTSQuestion & Answer
 Description: Contractors who meet the definition of facility personnel working at a TSDF or LQG facility are held to the same standards as non-contract personnel and therefore must complete the appropriate training program.
 
12/01/1997Waste Minimization: Relief from RCRA Large Quantity Generator Status, 105th Airlift Wing, New York Air National GuardPublication
 Description: This fact sheet details the success of the waste minimization program for the New York Air National Guard, which was able to move from large quantity generator status to small quantity generator status.
 
09/01/1997CONTAINMENT BUILDINGS AS SECONDARY CONTAINMENTQuestion & Answer
 Description: Containment buildings may serve as secondary containment for LQG accumulation tanks if the building itself acts as a liner and meets the secondary containment provisions of Sections 264/265.193. Containment buildings need not meet the provisions of Parts 264/265, Subpart DD to be used as secondary containment for tanks.
 
08/01/1997The National Biennial RCRA Hazardous Waste Report (Based on 1995 Data): List of Large Quantity Generators in the United StatesPublication
 Description: This document presents information from EPA's 1995 Biennial Report, specifically providing a list of large quantity generators, including information on the nature, quantities and disposition of generated hazardous waste.
 
08/01/1997WASTE ANALYSIS INFORMATION FOR PURPOSES OF SUBPART CC COMPLIANCEQuestion & Answer
 Description: Subpart CC does not require that waste analysis information accompany every shipment of hazardous waste. If waste analysis information received from the generator is representative of subsequent shipments, the TSDF can rely on the original analysis, but must update the analysis at least once every twelve months. It is the responsibility of the person with custody of the waste to obtain valid analysis information to make compliance determinations.
 
06/10/1997INTERPRETATION OF THE ANNUAL TRAINING REQUIREMENTSMemo
 Description: TSDFs and large quantity generators must comply with personnel training requirements. Facility personnel must take part in an annual review of their initial training. The Agency expects companies to attempt to provide training so that personnel are trained every year. Training programs that allow as much as 15 months to pass between training courses, would ensure that employees, over the course of four years for example, would receive four annual training reviews and that would meet the training requirements.
 
05/29/1997PETITION TO ADD WASTES TO THE UNIVERSAL WASTE PROGRAMMemo
 Description: EPA has no plans to address Utility Solid Waste Activities Group’s (USWAG) petitions to add mercury-containing equipment, paint, and paint-related wastes to the universal waste (UW) rule in 1997. The universal waste rule explicitly provides flexibility for states to add other waste categories to their approved state program. EPA established the workgroup to reduce the burden of the current manifest system. The workgroup’s proposal to allow generators to consolidate waste at central locations would cover utility access residuals.
 
05/09/1997EDF/ETC REDEFINITION OF SOLID WASTE PROPOSALMemo
 Description: EPA has reviewed the Environmental Technology Council’s (ETC) and Environmental Defense Fund’s (EDF) joint proposal for the redefinition of solid waste. EPA seeks answers from ETC/EDF to numerous questions concerning the proposal in order to determine the impact of ETC/EDF option on RCRA recycling universe.
 
04/11/1997PAINT RECYCLINGMemo
 Description: Paint or coating remixed and used for its intended purpose is not a solid waste. If paint is discarded, the generator must make a hazardous waste determination. Discarded paints generally are not listed wastes, but they may exhibit characteristics such as ignitability or toxicity. Paint generated by a CESQG is not subject to federal regulation provided the waste is discarded at a facility meeting Section 261.5(f) or (g). Paint collected from households is exempt from regulation, even if the paint is subsequently discarded. Household hazardous waste (HHW) mixed with regulated hazardous waste in a collection program is regulated. Paint cans emptied under the empty container provisions are not subject to regulation because they do not hold regulated residues.
 
04/01/1997GENERATOR STORAGE REQUIREMENTS FOR PART 266, SUBPART F, PRECIOUS METALSQuestion & Answer
 Description: Generators accumulating recyclable materials for precious metal recovery are not required to store the materials in RCRA-regulated accumulation units (i.e., tanks, containers, and containment buildings). EPA assumes these materials will be managed carefully due to their economic value. Precious metals being reclaimed must be counted towards generator monthly determination.
 
03/12/1997RCRA APPLICABILITY TO PAINT REMOVAL WASTESMemo
 Description: The paint removal process is not subject to regulation in some circumstances. Waste determination under Section 262.11 is made once the combination of paint and surface preparation product is removed from the surface of the structure. Each product user is responsible for waste determination. Nonhazardous waste which subsequently becomes hazardous is subject to regulation. Generators are potentially liable under CERCLA for damage caused by a release. A lead-based paint abatement contractor and building owner are both generators (cogenerators).
 
03/05/1997APPROVALS FOR CONTINUATION OF RCRA HAZARDOUS WASTE REPORTING AND RECORDKEEPINGMemo
 Description: Discusses the list of information collection activities recently approved for continuation by the Office of Management and Budget (OMB) (e.g., 8700-22 manifest, 8700-12 notification form, 8700-13A and 8700-13B Biennial Report, 8700-23 Part A permit application). The manifest renewal expires September 30, 1999. The old manifest can be used if the old expiration date is crossed out and the form contains OMB control number 2050-0039. Changes to DOT materials shipping papers affect the manifest. Memo includes approval and expiration dates for each form as well as the extent of the revisions, and discussion of information collection activities which do not require form (e.g., Part B permit application, general hazardous waste facility standards, waste specific unit requirements and special waste processes and types).
 
02/01/1997UNIVERSAL WASTE CONSOLIDATION POINT REGULATIONQuestion & Answer
 Description: A facility that consolidates or collects universal waste from generators or other handlers meets the definition of a universal waste handler, provided the waste is sent on to other handlers, recyclers, or treatment or disposal facilities. If a facility has several locations that serve as consolidation points, each location is regulated as a separate handler. Additional RCRA requirements may apply if the facility is also handling other types of hazardous waste (i.e., non-universal waste).
 
01/01/1997LAND DISPOSAL RESTRICTION NOTIFICATION REQUIREMENTS FOR DECHARACTERIZED MIXED WASTE SENT TO AN ATOMIC ENERGY ACT LANDFILLQuestion & Answer
 Description: A generator treating prohibited characteristic mixed waste and rendering it nonhazardous must send a one-time notification and certification to EPA Region or authorized state if waste is sent to Atomic Energy Act (AEA) landfill; because 4004 prohibits open dumping of solid waste, the decharacterized waste can be sent to AEA landfill only if it meets Subtitle D criteria of Part 257 or 258
 
11/12/1996USE OF AUTOMATED INFORMATION TECHNOLOGIES IN THE HAZARDOUS WASTE MANIFEST SYSTEMMemo
 Description: An electronic record system may comply with current requirements for the use and retention of the manifest. The system should include manifest image files with original handwritten signatures, controls to ensure record accuracy, integrity and security, and retrieval features that allow for reasonable access during inspections. The company must verify that their automated system complies with applicable state manifest retention regulations.
 
11/01/1996RECYCLING PRESUMPTION UNDER PART 279Question & Answer
 Description: A generator is not required to conduct a hazardous waste determination for used oil sent to a processor for recycling, even if the processor eventually disposes of the used oil. The used oil handler must conduct a hazardous waste determination when the handler decides that the used oil will be disposed.
 
09/23/1996APPLICABILITY OF RCRA REGULATIONS TO CHEMICAL FLOCCULATION UNITS WHEN USED TO TREAT WASH WATER FROM AIRCRAFT ENGINESMemo
 Description: A chemical flocculation unit treating cadmium contaminated wash water requires a hazardous waste treatment permit, unless the unit meets an exemption. If the unit is a tank meeting the definition of a wastewater treatment unit (WWTU), or a tank or container regulated as a generator accumulation unit, the unit is exempt from permitting. Treatment sludge generated in the unit must be managed as a hazardous waste if it exhibits a characteristic. Land disposal restrictions (LDR) apply to the treatment sludge and the original wash water.
 
07/12/1996MANAGEMENT AND DISPOSAL OF WASTE VINYL MINI BLINDSMemo
 Description: Toxicity characteristic (D008) lead-containing mini blinds are not solid waste if they are returned to the manufacturer for resale in a reverse distribution system. Blinds from homes, apartments, and hotels are exempt household hazardous waste (HHW). Waste from hospitals, offices, day care centers, and non-residential buildings at military bases are not HHW. HHW and non-HHW must be segregated. A generator can test waste or apply knowledge. The most conservative approach assumes that the blinds are hazardous waste (HW). The generator is vulnerable for enforcement for an incorrect determination if subsequent EPA testing reveals that the waste is HW.
 
07/05/1996CLARIFICATION OF THE DEFINITION OF COMMERCIALLY AVAILABLE TREATMENT TECHNOLOGY & DISPOSAL CAPACITY VIS-A-VIS RCRA SECTION 3004(J)Memo
 Description: EPA’s policy on enforcement of the Section 3004(j) storage prohibition for facilities generating radioactive mixed waste does not exclude legitimate recycling facilities from the definition of commercially available treatment technology and disposal capacity. EPA does not extend the enforcement policy to generators that do not take advantage of legitimate recycling opportunities (SEE ALSO: 64 FR 63464; 11/19/99).
 
06/19/1996CLARIFICATION OF TWO SECTIONS OF THE HAZARDOUS WASTE REGULATIONS: WASTE CHARACTERIZATION IN 40 CFR 262.11 AND LDR NOTIFICATIONMemo
 Description: EPA does not require waste codes on the manifest, but states may require one or more waste codes to be identified. RCRA waste codes may be part of the proper DOT shipping description. When a waste meets a specific listing and exhibits a characteristic for one of the constituents that make up the listed waste code, the generator may decide which waste code to include on the manifest based on which waste code most accurately identifies the waste for emergency response purposes.
 
06/17/1996RCRA HAZARDOUS WASTE IMPORT REQUIREMENTSMemo
 Description: Parties to the Basel convention cannot trade in hazardous wastes with non-parties in the absence of a bilateral agreement. Singapore is a Basel party while the U.S. is not, nor do these countries have an import/export agreement. EPA regulations do not prohibit imports of hazardous waste. Imported waste is regulated in the same manner as hazardous waste generated in the U.S.. Facilities receiving waste from a foreign source must notify EPA in writing at least four weeks prior to receiving the first shipment of waste.
 
06/04/1996CLARIFICATION OF REQUIREMENTS INVOLVING THE COUNTING OF WOOD PRESERVING WATERS FOR BIENNIAL REPORTINGMemo
 Description: Hazardous wastewater from wood preserving plants (F032, F034, and F035) is not subject to quantity determination for the Biennial Report or for determining generator status when recycled in an on-site process without prior storage or accumulation (SEE ALSO: Section 261.4(a)(9)). If the waste is stored or accumulated prior to reuse, the generator must count the waste unless it has already been counted once.
 
05/30/1996STATUS OF MIXED COAL PRODUCTSMemo
 Description: Characteristic manufactured gas plant (MGP) wastes can be mixed with coal or other material in a generator accumulation unit until the characteristic is removed. The resulting mixture may be sent to a fossil fuel combustor provided the mixture is no longer characteristically hazardous. Combustion residues are exempt under the Bevill exemption for fossil fuel combustion wastes. If the mixture is sent to a landfill, it must meet land disposal restrictions (LDR) treatment standards regardless of whether the characteristic has been removed (SEE ALSO: 63 FR 28574; 5/26/98).
 
05/24/1996Hazardous Waste Requirements for Large Quantity GeneratorsPublication
 Description: Summarizes information on identifying hazardous wastes generated, determining generator categories, obtaining EPA identification numbers, preparing waste for shipment off site, obtaining manifests, managing hazardous waste on site, reporting, record keeping, complying with LDR, and following export/import requirements.
 
05/01/1996INTERPRETATION OF GENERATOR REQUIREMENTS AS APPLIED TO VARIOUS ON-SITE AND OFF-SITE SCENARIOSMemo
 Description: Provides a clarification of the terms on-site, facility, installation, and individual generation site. Contiguous properties owned by different persons require separate identification numbers. Manifests are required for all off-site shipments of waste, even if both properties belong to the same generator (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; 2/12/97). No manifest is required to ship hazardous waste between two properties under the same ownership that are located at opposite corners of an intersection. Large quantity generator (LQG) and small quantity generator (SQG) waste must be sent to a designated facility. No final interpretation exists on whether conditionally exempt small quantity generator (CESQG) waste sent to an intermediate location for consolidation loses its exemption. Waste in transportation may be consolidated at transfer facilities. The emergency response exemption from permitting applies to immediate response only. Hazardous waste generated as the result of discharge may be accumulated for 90 days under Section 262.34.
 
05/01/1996MANAGEMENT OF HAZARDOUS WASTE GENERATED IN QUANTITIES LESS THAN 100 KG AND THOSE THAT ARE THROWN AWAY WITH ORDINARY GARBAGEMemo
 Description: Discusses the summary of conditionally exempt small quantity generator (CESQG) regulations and EPA rationale for choosing 100 kilograms as the CESQG threshold (SEE ALSO: 61 FR 34252; 7/1/96).
 
05/01/1996REGULATIONS THAT APPLY TO GENERATORS WHO ACCUMULATE WASTE IN CONTAINERS AT OR NEAR THE POINT OF GENERATIONMemo
 Description: A generator has three days after the 55-gallon limit is exceeded to transfer excess waste from a satellite accumulation area. Excess waste is subject to Section 262.34(a) after three days. Contact the state agency for instances when quantities in excess of 110 gallons are generated. Federal interpretation is not binding in authorized states.
 
05/01/1996RESOLUTION OF RCRA ISSUES RELATING TO THE WOOD PRESERVING INDUSTRYMemo
 Description: Drip pad sumps can satisfy the wastewater treatment unit (WWTU) exemption if they are part of the facility’s wastewater treatment system, even though the wood preserving regulations require sumps to meet Subpart J tank standards. If a wood preserving facility qualifies as a conditionally exempt small quantity generator (CESQG), it is conditionally exempt from Parts 264/265, Subparts W and J requirements.
 
04/01/1996FREQUENTLY ASKED QUESTIONS ON HAZARDOUS WASTE GENERATOR REQUIREMENTSQuestion & Answer
 Description: Large quantity generators (LQGs) and small quantity generators (SQGs) may treat without a permit or interim status under Section 262.34. SQGs are not subject to Biennial Report requirements. Conditionally exempt small quantity generators (CESQG) regulations are found in Section 261.5. EPA does not require waste codes on the manifest but DOT regulations may. States may require waste codes to be listed on the manifest.
 
03/12/1996CO-GENERATOR POLICY AND EXCEPTIONS WHEN A GENERATOR IS DESIGNATED BY A MUTUAL AGREEMENT AMONG CO-GENERATORSMemo
 Description: When the owner and the operator of a process unit are different, EPA looks first to the operator to fulfill generator duties, although the owner remains jointly liable. If the unit’s owner operates the unit but another party owns the chemical raw materials and removes the hazardous waste, both parties are cogenerators. EPA typically looks first to the party designated by the cogenerators to fulfill generator duties. Where the responsible party is not clearly designated, EPA looks to the operator of the process unit (SEE ALSO: 45 FR 72026; 10/30/80).
 
03/07/1996FEDERAL POLICY ON SEVERAL ISSUES RELATED TO THE USE OF THE HAZARDOUS WASTE MANIFEST BY HAZARDOUS WASTE TRANSPORTERSMemo
 Description: The transporter block on the manifest is used to identify companies that transport waste. Transfer facilities do not need to be identified on the manifest unless the owner of the transfer facility takes custody of the waste as a new transporter. Brokers, transporters, or TSDFs may be an importer and therefore subject to generator requirements. One party should assume the generator responsibilities. Discusses the procedures for handling rejected shipments of hazardous waste exported to Canada.
 
03/01/1996GENERATORS AND DESIGNATED TRANSPORTERSQuestion & Answer
 Description: A transporter must seek approval of the generator to change the chain of transportation on the manifest. The generator must designate all transporters on the manifest. The generator alone is responsible for a complete chain of transportation on the manifest.
 
02/15/1996EPA'S NON-OBJECTION TO IMPORTS OF COBALT OXIDE-MOLYBDIC OXIDE SPENT CATALYSTS INTO THE U.S. FOR RECOVERYMemo
 Description: Cobalt oxide-molybdic oxide spent catalysts are usually nonhazardous, but can exhibit the toxicity characteristic for benzene and arsenic. EPA does not have the authority to object to imports of nonhazardous waste. In order for Basel parties to export covered waste to non-Basel parties, the two parties must have a bilateral agreement in place. Presents a list of countries that are parties to Basel as of January 10, 1996.
 
02/01/1996CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS TREATING IN ELEMENTARY NEUTRALIZATION UNITSQuestion & Answer
 Description: Conditionally exempt small quantity generators (CESQGs) may treat hazardous waste in elementary neutralization units (ENU) without meeting Sections 261.5(f)(3) and (g)(3) standards. ENUs are exempt from treatment, storage, disposal, and permitting standards.
 
02/01/1996FREQUENTLY ASKED QUESTIONS ON THE 40 CFR PART 264/265, SUBPART CC AIR EMISSION STANDARDSQuestion & Answer
 Description: Large quantity generators (LQGs) are subject to Part 265, Subparts AA, BB, and CC. Subpart CC does not apply to satellite accumulation areas. Subpart CC does not require the use of a specific type of equipment or add-on control device.
 
01/01/1996CONVERSION OF PERMITTED OR INTERIM STATUS UNITS TO GENERATOR ACCUMULATION UNITSQuestion & Answer
 Description: Permitted or interim status units converted to generator accumulation units may delay closure until the final receipt of hazardous waste. The owner or operator must maintain financial assurance until final closure is completed.
 
09/14/1995CLARIFICATION OF CIRCUMSTANCES INITIATING EPA'S ""MANIFEST DISCREPANCY"" PROCEDURESMemo
 Description: The manifest discrepancy regulations do not apply to waste which loses the corrosivity characteristic during transit (transportation). The manifest discrepancy regulations are intended for situations where the quantity of waste is unaccounted for. The manifest is not a certification that shipped waste is indeed hazardous. A generator can apply knowledge conservatively, rather than incur the costs of testing each waste batch or stream.
 
08/25/1995INTERPRETATION OF THE REGULATORY EXEMPTION FOR BURNING USED OIL IN SPACE HEATERSMemo
 Description: Generators who want to burn used oil in space heaters under 279.23(a)(1) may burn only used oil that they generated and used oil collected from Do-It-Yourselfers. A generator with multiple facilities may burn used oil from his other facilities, but not used oil generated by another business. Used oil brought from off site is subject to the 55-gallon limit.
 
08/24/1995THE DIFFERENCE BETWEEN THE DEFINITION FOR THE CHARACTERISTIC OF IGNITABILITY AS IT PERTAINS TO SOLIDS VS. LIQUIDSMemo
 Description: There is no official method for testing ignitability of solids or sludges. Method 1010, Pensky-Martens, has some use for liquid wastes with non-filterable, suspended solids. Flash point testing is only appropriate for liquids. OSW developed and proposed SW-846 test method 1030 based on the DOT burn rate test in Section 173.124 and Appendix E (SUPERSEDED: SW-846 method 1030 finalized in 6/13/97; 62 FR 32451). If using the DOT method, separate the solid/liquid phases and test separately. Supplement tests with generator knowledge.
 
08/22/1995EPA'S CURRENT INTERPRETATION OF THE REQUIREMENTS IN 40 CFR SECTION 262.12 REGARDING EPA ID NUMBERSMemo
 Description: Two autonomous divisions of the same company operating on an individual generation site are not separate generators. EPA expects each site to have one ID number. Requests for multiple ID numbers for one site are evaluated on a case-by-case by the Region or State implementing agency.
 
08/10/1995CLARIFICATION AS TO WHETHER DEWATERING IS A PROCESS THAT TRIGGERS EPA'S USED OIL PROCESSOR REQUIREMENTSMemo
 Description: Dewatering of oil-based used coolant does not make a generator a processor. If the generator is dewatering and sending used oil (UO) to be burned, then the generator is also a processor.
 
08/10/1995GENERATOR STATUS OF CONTRACTORS WHO REMOVE LEAD-BASED PAINTMemo
 Description: During typical lead-based paint abatement, both the property owner and contractor may qualify as generators responsible for compliance. The cogenerator policy applies to cases other than those specified in the 10/30/80 Federal Register (45 FR 72024), where waste is generated by more than one party.
 
08/10/1995STATUS OF SPENT SILVER-BEARING PHOTOFIXER THAT IS RECLAIMEDMemo
 Description: Used silver-bearing photo fixer that is to be reclaimed is a spent material and a solid waste. Silver recovery units to be reclaimed are characteristic sludges and not a solid waste (SEE ALSO: RPC# 8/4/95-01). A generator who does not accumulate the fixer before reclamation need not count the waste for generator status and may not be subject to regulation.
 
07/13/1995REGULATORY STATUS OF SPENT ANTIFREEZEMemo
 Description: Spent antifreeze from radiator flushes may be characteristic. Studies indicate spent antifreeze may be hazardous, primarily due to lead. EPA has not determined the point of generation for like wastes of similar composition when commingled after being produced. Discusses the status of commingling hazardous and nonhazardous antifreeze. If the commingled mixture is no longer hazardous and meets treatment standards, the generator must comply with the Section 268.9 notification requirement. Residues and still bottoms from antifreeze recycling are a newly generated waste. Metal-bearing, high-BTU still bottoms could be burned in a BIF under the dilution prohibition.
 
06/22/1995DETERMINATION ON WHETHER A GENERATOR'S FLUORESCENT TUBES ARE NONHAZARDOUSMemo
 Description: A generator is responsible for determining if a waste exhibits a characteristic. Testing one spent fluorescent mercury lamp tube to determine if all waste lamps exhibit the characteristic is not representative sampling. Selection of randomly chosen bulbs is more appropriate (see Chapter 9, SW-846). States authorized for the universal waste (UW) rule may add lamps to the state UW list and set management standards (SEE ALSO: 64 FR 36466; 7/6/99). The UW rule streamlines regulations for hazardous waste batteries (battery), pesticides, and mercury thermostats (SEE ALSO: 70 FR 45508; 8/5/05).
 
06/08/1995GUIDANCE ON WHETHER GENERATORS MUST POST ""NO SMOKING"" SIGNS WHEN A FACILITY HAS A ""TOBACCO-FREE"" POLICYMemo
 Description: Discusses the EPA interpretation of enforceability of comments and notes in the regulations. Comments and notes are not legal requirements. Generators meeting the requirements of Section 262.34 need not comply with Section 265.17(a). Generators may be required to post a “no smoking” sign in accordance with Section 265.31. Treatment, storage, and disposal facilities (TSDFs) must, at a minimum, post “no smoking” signs wherever there is a hazard from ignitable or reactive waste, even if the facility has a tobacco-free environment.
 
06/01/1995SPENT LEAD-ACID BATTERIES AND COUNTING REQUIREMENTSQuestion & Answer
 Description: Spent lead-acid batteries (battery) that will be reclaimed are not subject to the generator’s monthly counting requirements. Wastes are counted only if they are subject to substantive regulation. Substantive regulations are those regulations which directly relate to storage, treatment, or disposal (SEE ALSO: Part 273).
 
05/25/1995REGULATORY STATUS OF A GASIFICATION UNIT PROPOSED BY TEXACO TO BE BUILT IN EL DORADO, KANSASMemo
 Description: Syngas fuel from a gasification unit at a Kansas petroleum refinery is derived from F037, K022, and K051, but is exempt fuel from refining oil-bearing hazardous waste during normal refinery operations per 261.6(a)(3)(iv) (SUPERSEDED: exemption moved to 261.6(a)(3)(iii)). The gasification unit is an exempt recycling unit. No storage permit is needed for listed feedstocks prior to recycling if the generator accumulation limit is not exceeded. This interpretation does not apply to all gasification units.
 
05/01/1995SOLID WASTE DETERMINATION FOR SPILLED COMMERCIAL CHEMICAL PRODUCTSQuestion & Answer
 Description: An intent to recycle commercial chemical product (CCP) spill residue does not automatically exempt the material from RCRA jurisdiction. The generator has the burden of proving that legitimate recycling will take place. In the absence of strong indicators of recycling, spilled CCP residues are solid wastes.
 
04/20/1995REGULATORY REQUIREMENTS FOR TANKS, VEHICLES, VESSELS, PROCESS OR MANUFACTURING UNITS, OR PIPELINES WHICH HAVE BEEN SHUT DOWNMemo
 Description: Waste generated in a manufacturing process unit may remain in the unit for up to 90 days after the unit has been shut down, and may be stored for an additional 90 days in generator accumulation units. EPA headquarters policy does not address whether K050 waste is generated only through the actual cleaning of heat exchanger bundles, or if the regulated K050 waste is created when sludges remains in a shut-down exchanger for more than 90 days or when they are discarded along with an uncleaned bundle.
 
03/08/1995APPLICABILITY OF RCRA TO HAZARDOUS WASTES GENERATED IN PRODUCT STORAGE TANKS AND MANUFACTURING PROCESS UNITSMemo
 Description: Waste generated in a manufacturing process unit or a product storage tank is not regulated until it exits the unit or unless it remains in the unit for more than 90 days after the unit has been shut down. After removal from the unit, the waste may be accumulated without a permit for an additional period, depending on generator status.
 
03/01/1995EXPORT REQUIREMENTS FOR TRANSPORTATION THROUGH TRANSIT COUNTRIESQuestion & Answer
 Description: A person who transports waste from Alaska to California via Canada does not need to follow export requirements because the designated facility is not in foreign country. Transit countries need not be notified.
 
03/01/1995SIGNING THE MANIFEST AS AN AGENT WHEN IMPORTING HAZARDOUS WASTEQuestion & Answer
 Description: An agent signing the manifest must be legally affiliated with the EPA ID number on the manifest. Foreign brokers can sign the manifest if they have an EPA ID number (requiring U.S. address) or are legally related to the importer (e.g., a subsidiary).
 
02/17/1995DO VESSELS TRANSPORTING A RCRA REGULATED HAZARDOUS WASTE REQUIRE AN EPA ID NUMBER FOR TRANSPORT BETWEEN THE U.S. AND BELGIUM?Memo
 Description: An EPA ID number is not required for a vessel once a waste shipment is outside U.S. jurisdiction.
 
02/01/1995INTERNATIONAL AGREEMENTS AND HAZARDOUS WASTE EXPORT REGULATIONSQuestion & Answer
 Description: If EPA has not promulgated implementing regulations, importers and exporters are not subject to international agreements. Canadian and Mexican bilateral agreements are similar to Part 262, Subpart E, so no regulations are needed. EPA will promulgate regulations implementing the OECD agreement.
 
02/01/1995STATUS OF WWTUS/ENUS AT GENERATOR SITESQuestion & Answer
 Description: Generators treating hazardous waste in an on-site wastewater treatment unit (WWTU) or elementary neutralization unit (ENU) need not comply with Section 262.34 accumulation standards because these units are already exempt from RCRA permitting and TSDF requirements.
 
02/01/1995The National Biennial RCRA Hazardous Waste Report (Based on 1993 Data); List of Large Quantity Generators (LQGs) in the United StatesPublication
 Description: This document identifies every hazardous waste generator in the United States that reported itself to be a large quantity generator in 1993.
 
01/26/1995CHARACTERIZATION OF WASTE STREAMS FROM POLYMERIC COATING OPERATIONSMemo
 Description: Manufacturing process units may include distillation columns, flotation units, or discharge trays or screens. Rags and wipers can only be defined as listed if they contain a hazardous waste. If a rag or wiper contains a listed waste, it is a hazardous waste via the contained-in policy or it is considered mixed with a listed hazardous waste (SEE ALSO: 2/14/94-01). The final regulatory determination for wipers should be made by the State or Regional office. No test method has been promulgated for spontaneous combustion. A generator is responsible for comparing properties of his/her waste with the narrative definition. The Paint Filter Liquids test is the current test to determine whether a material contains a liquid for the characteristic of ignitability (D001).
 
01/01/1995MANIFEST REQUIREMENTS FOR IMPORTED HAZARDOUS WASTEQuestion & Answer
 Description: Multiple parties may be considered importers (TSDF, broker, etc.). When more than one importer exists, they may decide among themselves who will act as the importer and whose ID number will be used. All parties are liable for compliance with RCRA regulations.
 
12/23/1994HAZARDOUS WASTE DETERMINATION OF ""NICKEL MATTE"" BY-PRODUCTMemo
 Description: Nickel matte being reclaimed in China may be solid waste if it will be used in manner constituting disposal. A Basel Convention party may not import Basel-covered waste from non-parties.
 
12/16/1994BUBBLER CANISTERS CONTAINING PHOSPHOROUS OXYCHLORIDE ARE NOT WASTE WHEN RETURNED TO THE UNITED STATES FROM JAPAN FOR REGENERATIONMemo
 Description: Bubbler canisters containing unused phosphorous oxychloride is a commercial chemical product (CCP) when reclaimed and not solid waste. A partially empty bubbler canister which is recharged by adding new phosphorous oxychloride to residual phosphorous oxychloride left in the bubbler is continued use of a product, not waste. The bubbler canister is not subject to OECD provisions when imported into U.S. for reclamation, because the bubbler canister is not subject to U.S. laws and regulations. Phosphorous oxychloride is highly corrosive and reacts violently with water, and therefore could be a reactive or corrosive characteristic hazardous waste if it is a solid waste. It is inappropriate to discharge untreated phosphorous oxychloride to a wastewater treatment system or to land dispose. Phosphorous oxychloride is hazardous reactive (D003) and possibly corrosive (D002) when discarded. Phosphorous oxychloride can be destroyed through the addition of a sodium hydroxide solution.
 
12/13/1994RESPONSE TO COMMENTS ON REENGINEERING RCRA FOR RECYCLINGMemo
 Description: Issues before the Definition of Solid Waste Task Force concerning the hazardous recyclable materials manifest are discussed.
 
12/01/1994NOTIFICATION REQUIREMENTS FOR EXPORTED WASTESQuestion & Answer
 Description: Export regulations apply only to hazardous wastes that are subject to manifest requirements. Generators of wastes which are nonhazardous in the U.S. but hazardous in the exporting country do not need to notify EPA of the export.
 
11/28/1994COMMENTS ON NRC’S FINAL RULE AMENDING NRC IMPORT/EXPORT REGULATIONSMemo
 Description: The Basel Convention currently prohibits the movement of hazardous or mixed waste between the U.S. and any nation party to the Convention, unless a pre-existing agreement between the countries exists. Basel Convention restrictions extend to wastes destined for certain types of recycling.
 
11/23/1994APPLICABILITY OF RCRA REGULATIONS REGARDING LARGE QUANTITY GENERATORS, TO THE VETERANS AFFAIRS MEDICAL CENTERMemo
 Description: A generator who generates less than 100 kg of hazardous waste and more than 1000 kg of state regulated medical waste would not lose conditionally exempt small quantity generator (CESQG) status under federal law. State regulations may be broader in scope and facilities must comply (SEE ALSO: 60 FR 33912; 6/29/95).
 
11/09/1994RESPONSE TO A REQUEST FOR MODIFICATION OF 40 CFR PART 262 REGARDING TRANSPORTATION OF RECYCLABLE HAZARDOUS WASTESMemo
 Description: EPA is considering new regulations for tracking hazardous wastes destined for recycling since the Definition of Solid Waste Task Force identified high transportation costs for transporters using the Uniform Hazardous Waste Manifest.
 
11/04/1994RCRA REGULATION OF UNIVERSITY LABORATORIESMemo
 Description: University buildings separated by city blocks or divided by public roads are individual generation sites, each requiring separate EPA ID numbers and manifests for the exchange of hazardous waste (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; 2/12/97). If access between buildings is possible without traveling along a public road, the university is one site, and only one EPA ID number is needed.
 
11/01/1994DELISTING PETITIONS FOR HAZARDOUS WASTES FROM THE PETROLEUM INDUSTRYQuestion & Answer
 Description: Discusses the history of the “petroleum list” and the “Skinner List” used in delisting hazardous wastes from petroleum industry. Due to generator-specific nature of delisting, other constituents may need to be addressed.
 
10/17/1994REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Fuel blenders are subject to 268.7(b) LDR notification and certification. Fuel blending is not exempt from permitting, unless it is done at a generator site in a 262.34 accumulation unit. Fuel blending at a transfer facility is treatment and requires a permit. Most fuel blending units are permitted as tanks or miscellaneous units. Fuel blenders are subject to the air emissions standards (SEE ALSO: RPC# 12/5/94-01; 59 FR 62896; 12/6/94). Thermal treatment units are not eligible for the 262.34 permit exemption. Recycling units at facilities with other permitted units are subject to the air emissions standards (SEE ALSO: 62 FR 25997; 5/12/97). Generators who send waste off-site to a burner are subject to LDR notification. Cement or light-weight aggregate kiln produced by a Bevill device burning both hazardous waste and Bevill-exempt wastes may be exempt from land disposal restrictions (LDR) treatment standards when used in a manner constituting disposal if the residues pass the significantly affected test in 266.112. If neither the products nor the residues are subject to the LDR treatment standards, the original generator's waste is not prohibited from land disposal, and is subject only to 268.7(a)(6) (SEE ALSO: 62 FR 25997; 5/12/97).
 
09/29/1994APPLICABILITY OF CERCLA TO MERCURY-CONTAINING LAMPS AND PCB-CONTAINING BALLASTSMemo
 Description: Disposal of fluorescent lamps in a hazardous waste landfill is exempt from CERCLA reporting, but not from CERCLA liability or response provisions. The disposal of fluorescent lamps or ballasts in a Subtitle D landfill or a TSCA landfill is not exempt from CERCLA release reporting requirements.
 
09/28/1994APPLICABILITY OF USED OIL MANAGEMENT STANDARDS TO ACTIVITIES INVOLVING SEPARATION OF USED OIL FROM SORBENT MATERIALSMemo
 Description: Generators who separate used oil from sorbent materials are not processors provided the used oil is not sent directly off-site to a used oil burner. On-site burning of used oil from incidental processing activities is allowed.
 
09/28/1994CLARIFICATION ON: MANIFEST DOCUMENT NUMBER; F003, F005, D001; WASTE DESTINED FOR RECYCLING; AND TREATMENT STANDARDS FOR CFCMemo
 Description: F003 and F005 waste exhibiting ignitability must carry a notification for and meet the D001 treatment standard (TS), since F003/F005 does not operate in lieu of D001 (SEE ALSO: 55 FR 22520, 22530; 6/1/90) (USE WITH CAUTION: see RPC# 3/1/94-02). The TS for chlorinated fluorocarbons (CFC) is discussed. A CFC waste may be subject to the California list prohibition for halogenated organic compounds (HOC) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97) (SEE ALSO: RPC# 5/16/91-01). Materials that are not a solid waste (SW) when recycled are exempt even if shipped to a recycler via a TSDF. Scrap metal is both a SW and is hazardous, but is exempt if recycled. The legitimacy of recycling must be documented. Use of manifest continuation sheets is outlined.
 
09/28/1994CLARIFICATION REGARDING THE ""REBUTTABLE PRESUMPTION"" PROVISIONS CONTAINED IN THE RECYCLED USED OIL MANAGEMENT STANDARDSMemo
 Description: Used oil generated by a Do-It-Yourselfer (DIY) qualifies as exempt household hazardous waste. A used oil generator who collects DIY oil with a high halogen content can rebut the hazardous waste presumption by citing the household hazardous waste exemption.
 
09/15/1994National Biennial RCRA Hazardous Waste Report (Based on 1991 Data): List of Large Quantity GeneratorsPublication
 Description: Lists large quantity generators of RCRA hazardous waste, as identified by EPA's 1991 biennial report. Provides information on the quantities, nature, and disposition of generated hazardous waste and the efforts to reduce the volume and toxicity of hazardous waste compared with previous years. Generator lists are arranged by state, and each state list is grouped by tons of RCRA generation. Includes a list of state contacts.
 
09/12/1994RESPONSE TO REQUEST FOR NO OBJECTION TO IMPORT OF IRON CATALYSTMemo
 Description: No regulatory restrictions exist on importing secondary materials not meeting the U.S. definition of hazardous waste, provided the exporting nation also does not consider the material to be hazardous. The Basel Convention prohibits the transfer of hazardous waste between parties and non-parties, unless a separate agreement exists.
 
08/19/1994REGULATORY DETERMINATION ON THE STATUS OF A LEAD/COPPER METAL PRODUCED BY METALS RECYCLING TECHNOLOGIES (MRT)Memo
 Description: Hazardous secondary materials sent for thermal treatment at smelters remain hazardous waste until reclamation is complete. Materials that have been reclaimed are not wastes. Metal-bearing material that is 92-99% pure and only needs refining prior to use is considered fully reclaimed. A person who claims that a secondary material is not a solid waste is subject to the 261.2(f) documentation requirement.
 
08/09/1994COMMENTS ON STRAWMAN PROPOSAL REGARDING CUSTOMS MODERNIZATION ACTMemo
 Description: All imports and exports of hazardous waste arriving at a Customs port must be accompanied by a hazardous waste manifest. EPA Acknowledgement of Consent must accompany hazardous waste exports. Under a Memorandum of Understanding (MOU) between EPA and the U.S. Customs Service, the U.S. Customs Service collects the manifest from the exporter and transmits it to EPA.
 
08/09/1994STATUS OF MEDIAL WASTE UNDER RCRAMemo
 Description: Medical waste is not regulated as a hazardous waste under RCRA unless it exhibits a characteristic or is listed. Notification and consent for import or export of hazardous wastes is not required for medical wastes that are not hazardous (SEE ALSO: 60 FR 33912; 6/29/95).
 
08/05/1994SALE AND SCRAPPING OF DOT'S MARITIME OBSOLETE VESSELS FROM THE NATIONAL DEFENSE RESERVE FLEETMemo
 Description: Purchasers of ships to be scrapped and sold abroad must determine when export rules apply. Vessels destined for scrap as well as any materials necessary for operating the ship are not discarded while the vessel remains intact because those materials continue to serve a useful purpose. Removal of a material from a ship's structure that is intended for discard is the point of generation. Section 106(a) of the Federal Facilities Compliance Act (FFCA) prohibits the storage of hazardous waste on a public vessel for longer than 90 days after the vessel is placed in reserve or is no longer in service without a RCRA storage permit. Materials from a dismantled ship that are to be recycled may be scrap metal.
 
07/18/1994WASTE MINIMIZATION REQUIREMENTS OF SECTION 3002(B) OF RCRA FOR HAZARDOUS WASTE DISPOSAL FACILITIESMemo
 Description: The 3005(h) waste minimization and certification requirements apply to an owner of a landfill that generates and has a RCRA Subtitle C treatment permit for F039 leachate. If the owner is a large quantity generator (LQG) and sends the waste off-site, the owner is also subject to the 3002(b) waste minimization requirements. There is no statutory exemption from waste minimization certification for facilities generating remedial waste.
 
07/08/1994EXPORT FROM JAPAN OF PHOSPHORUS OXYCHLORIDE CONTAINING BUBBLERSMemo
 Description: Waste bubblers containing phosphorous oxychloride may exhibit the characteristics of corrosivity (D002) and reactivity (D003). An importer of waste is responsible for hazardous waste determinations and generator duties. An importer could be a waste broker, transporter, or destination TSDF (SUPERSEDED: RPC# 9/14/94-02).
 
07/01/1994WASTE MINIMIZATION AND RECYCLING ACTIVITIES THAT RESEMBLE CONVENTIONAL WASTE MANAGEMENT PRACTICESQuestion & Answer
 Description: Burning for energy recovery and use in a manner constituting disposal do not qualify as waste minimization. Source reduction involves decreasing the amount of hazardous substance entering the waste stream. Recycling involves use, reuse, or reclamation.
 
06/21/1994USE OF MULTIPLE TRANSFER FACILITIES AS PART OF THE ""NORMAL COURSE OF TRANSPORTATION""Memo
 Description: Regulations do not specifically prohibit the use of multiple transfer facilities during the normal course of transportation. To be considered in the normal course, transportation should be completed in a timely manner. The normal course of transportation is decided on a case-by-case basis. A transporter remains responsible for the waste and the Part 263 standards while at a transfer facility. A generator must receive signed copies of manifests within the specified time periods or must file an exception report.
 
06/10/1994APPLICABILITY OF PART 279 USED OIL MANAGEMENT STANDARDS TO THE OPERATION OF A VEHICLE FLEET SERVICING OPERATIONMemo
 Description: A company which services vehicles at off-site locations and brings used oil to an aggregation point or collection center is subject only to the generator requirements provided each shipment of used oil is 55 gallons or less.
 
06/01/1994BIENNIAL REPORTING FOR WASTES TREATED IN EXEMPT UNITSQuestion & Answer
 Description: A facilities that are is required to submit a Biennial Report should include wastes treated in exempt units, such as wastewater treatment units (WWTUs), even if the waste is not subject to substantive regulation (NOTE: See the current years Biennial Report Forms for current requirements).
 
05/16/1994ACCEPTABILITY OF IMPORTING NICKEL-CONTAINING CATALYSTS FOR NICKEL RECOVERY AND STAINLESS STEEL SCRAPMemo
 Description: Nickel-containing catalysts and stainless steel scrap that do not exhibit a characteristic may be imported for recovery because they are not hazardous wastes. The applicability of the Basel Convention and bilateral agreements are discussed.
 
05/09/1994RECORDKEEPING REQUIREMENTS FOR SMALL QUANTITY GENERATORS SUBJECT TO LAND DISPOSAL RESTRICTIONSMemo
 Description: Small quantity generators are subject to the land disposal restrictions (LDR) program. Only CESQGs are exempt from Part 268. The manifest does not address all of the information required to comply with the Part 268 notification requirements.
 
05/09/1994REGULATORY REQUIREMENTS FOR ON-SITE TREATMENT OF OXYGEN BREATHING APPARATUS (OBA) CANISTERSMemo
 Description: Oxygen breathing apparatus (OBA) used by firefighters could qualify as exempt scrap metal when recycled. There is no need to determine if recycled scrap metal is a hazardous waste (HW). Emptying a steel OBA canister could be an exempt scrap steel recycling process if the canisters are to be recycled (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal). Emptying canisters to render them nonhazardous prior to disposal may be regulated treatment. HW canisters may be accumulated on-site without a permit under 262.34. Tanks meeting the wastewater treatment unit definition are exempt from permitting requirements.
 
05/01/1994ENERGY RECOVERY ON-SITE CONSTITUTES REUSE FOR THE GENERATOR PROCESSING EXEMPTIONQuestion & Answer
 Description: Used oil (UO) generators who burn off-specification UO on-site may filter, clean, or otherwise recondition the UO without meeting the processor requirements.
 
04/18/1994RESPONSE TO REQUEST FOR COMMENT TO IMPORT METAL-BEARING SLUDGEMemo
 Description: A generator retains the burden of proof when claiming an imported material is not a solid waste or is conditionally exempt from regulation. An importer must make a hazardous waste determination on a shipment by shipment basis.
 
04/12/1994TESTING OF USED FILTERSMemo
 Description: A generator may apply knowledge for a hazardous waste determination on a nationwide basis only if all processes and materials are identical at each location. Once a waste has been tested and shown to be nonhazardous, further testing is unnecessary as long as the process and materials do not change.
 
04/08/1994CLARIFICATION OF USED OIL RULES AS THEY APPLY TO DO-IT-YOURSELF OIL CHANGERSMemo
 Description: Do-It-Yourself (DIY) used oil (UO) generators are not subject to the used oil standards. Do-It-Yourself oil is subject to Part 279 regulation once it has been collected. Collected Do-It-Yourself oil is subject to the rebuttable presumption. The collection center can rebut the presumption based on the household hazardous waste exemption.
 
04/01/1994CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR (CESQG) HAZARDOUS WASTE RECYCLING FACILITIESQuestion & Answer
 Description: Recycling facilities need not be permitted, licensed, or registered by EPA or the State in order to receive CESQG waste.
 
04/01/1994DESIGNATING EXEMPT RECYCLING FACILITIES ON THE MANIFESTQuestion & Answer
 Description: Permit-exempt recycling facilities can be a designated facilities on a manifest. Exempt recycling facility must obtain an EPA identification number and comply with manifest requirements.
 
03/22/1994REQUIREMENTS FOR MANIFESTING SHIPMENTS OF HAZARDOUS WASTE BY RAIL FROM CANADAMemo
 Description: RCRA Subtitle C regulations can only apply to U.S. parties. The U.S. importer, importer's agent, and transporter may all be generators. All generators are jointly and severally liable for compliance with the generator requirements. Rail shipments of hazardous waste need not be accompanied by a manifest. A generator of waste that is transported solely by rail forwards copies of the manifest directly to the designated facility.
 
03/04/1994USING A GENERATOR IDENTIFICATION NUMBER AND/OR MANIFEST TO DETERMINE LIABILITYMemo
 Description: The presence of an EPA ID number on the manifest is not the decisive factor in assessing liability. Cogenerators of waste are all potentially liable. While a second EPA ID number can be placed on the manifest to designate cogenerators, this is not required. There is no national policy on the issuance of EPA ID numbers for waste generated on ships.
 
02/18/1994REGULATORY STATUS OF RAINWATER IN WOOD PRESERVING PROCESS AREASMemo
 Description: Rainwater that contacts drip pad at a wood preserving facility becomes a hazardous waste and remains a hazardous waste until recycled (SEE ALSO: Section 261.3(c)(2)). Quantity of contaminated rainwater generated should be included in the monthly generator reporting requirements.
 
02/10/1994DETERMINING GENERATOR STATUS BY INCLUDING WASTES COLLECTED AT SATELLITE ACCUMULATION AREASMemo
 Description: Wastes in satellite accumulation areas must be included in the generator's monthly waste quantity determination as well as other on-site quantity determinations.
 
01/04/1994REGULATORY STATUS OF WASTE AEROSOL CANSMemo
 Description: No categorical determination is possible as to the reactivity of various types of aerosol cans. A hazardous waste determination is the responsibility of generator. Steel aerosol cans that do not contain a significant amount of liquid (e.g., cans that have been punctured and drained) meet the definition of scrap metal. Aerosol cans that are recycled as scrap metal are exempt, and the generator need not make a hazardous waste determination (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal).
 
01/01/1994USE OF TOTAL WASTE ANALYSIS IN TOXICITY CHARACTERISTIC DETERMINATIONSQuestion & Answer
 Description: The maximum theoretical leachate concentration limits for the TCLP can be calculated from the results of a total waste analysis using a specific formula. Discusses the use of a total waste analysis for liquid wastes, solid wastes, and dual-phase wastes. Discusses maximum theoretical extract concentration (MTEC).
 
12/23/1993REQUIREMENTS FOR DISPOSAL OF DISCHARGED M-44 CYANIDE CAPSULES THAT ORIGINALLY CONTAINED A SODIUM CYANIDE PESTICIDEMemo
 Description: A person generating less than one kilogram of acute hazardous waste per calendar month is a CESQG. The weight of containers holding hazardous waste need not be counted towards the category limits. Both on- and off-site facilities managing a CESQG's acute hazardous waste must meet the criteria of 261.5(f)(3). There is no formal EPA approval needed in order to use alternative and equivalent method instead of triple rinsing when emptying containers holding acute hazardous waste. Cyanide-containing capsules can become empty and exempt according to 261.7.
 
11/01/1993CONTAINMENT BUILDINGS AS INDEPENDENT HAZARDOUS WASTE MANAGEMENT UNITSQuestion & Answer
 Description: A containment building is intended to be an independent hazardous waste management units. Existing tanks, containers, and drip pads do not need to be within a containment buildings. Containment buildings can serve as secondary containment for tanks.
 
11/01/1993GENERATOR MANAGEMENT OF HAZARDOUS WASTE AND THE 90-DAY TREATMENT EXEMPTIONMemo
 Description: The transfer of waste to different tanks or containers does not affect the 262.34 generator accumulation unit treatment exemption. Although treatment may remove the hazardous characteristic, land disposal restrictions (LDR) requirements still apply, including 268.7(a)(4).
 
10/07/1993CLARIFICATION ON THE AMOUNT, TYPE, AND FREQUENCY OF TRAINING REQUIRED FOR PERSONNEL HANDLING HAZARDOUS WASTE AT FACILITIESMemo
 Description: Discusses the generator personnel training requirements. Personnel must have training in proper waste handling and emergency procedures for the waste at the facility. Personnel moving waste from satellite accumulation areas to a 90-day (or 180-day) generator accumulation area must have appropriate training. An emergency coordinator must be accessible.
 
09/27/1993REGULATORY STATUS AND MANAGEMENT OF DISPOSABLE AND LAUNDERABLE INDUSTRIAL RAGS AND WIPERSMemo
 Description: Once a rag, wiper, or any solid waste is drained of all free-flowing used oil, the generator must determine its hazardous waste status. Whether or not a rag contains listed hazardous waste, is mixed with listed hazardous waste, exhibits a characteristic, or is not waste at all depends on site-specific factors. Industrial laundries are not POTWs. Therefore, hazardous waste mixed with domestic sewage that is conveyed to laundry by sewer system is not excluded. Discharges from a laundry to a POTW via the sewer system may qualify for the domestic sewage exclusion.
 
09/20/1993TRANSPORTING WASTES FROM CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORSMemo
 Description: CESQGs may send waste to a facility that beneficially uses or reuses, or legitimately recycles or reclaims waste. CESQG waste does not need to be accompanied by a manifest.
 
09/01/1993HAZARDOUS WASTE RECYCLING REGULATIONS TO A PROPOSED INK RECYCLING PROCESSMemo
 Description: Waste ink is a spent material. Spent materials are solid wastes when they are reclaimed. Process recycling waste ink is not regulated under RCRA Subtitle C. The storage of waste ink prior to recycling is subject to permit standards. Whether a temporary holding area is subject to permitting is decided on a case-by-case basis. Lithographic printers may qualify as CESQGs (SEE ALSO: RPC# 9/20/93-03). Waste ink may be characteristic or listed, depending on the type of solvent used to clean the ink machine. Hazardous waste recyclers must notify EPA under RCRA 3010 and obtain EPA ID numbers. Residues from the recycling process may no longer be solid wastes if they are legitimate products. Discusses the regulatory status of reclaimed materials and legitimacy determinations.
 
08/11/1993RESPONSE TO QUESTIONS ABOUT EPA’S COMBUSTION STRATEGYMemo
 Description: The Combustion Strategy will not impact incinerators at CERCLA sites or the ability of interim status units to continue burning hazardous waste. Provides a summary of the risk assessment guidance. Permit applications for new combustion facilities have a lower priority than pending applications of interim status facilities. Pursuant to the Combustion Strategy, EPA is examining its authority to enforce the generator and TSDF waste minimization and certification requirements.
 
07/15/1993COMMENTS ON DRAFT MEMO OF ORDER BETWEEN EPA AND THE U. S. GOVERNMENT SERVICEMemo
 Description: Addresses the Memorandum of Understanding (MOU) between EPA and U.S. Customs. Importers or transporters are not obligated to submit manifests to U.S. Customs at the border.
 
07/14/1993RESPONSE TO REQUEST FOR OPINION ON SECTION 21 PETITION ON BATTERY DEPOSITSMemo
 Description: The toxicity characteristic (TC) is designed to identify wastes that may pose a risk to human health and the environment under a reasonable worst-case mismanagement scenario. Some spent batteries (battery) would fail the toxicity characteristic for lead (D008), cadmium (D006), and mercury (D009). Batteries may be eligible for the universal waste regulations. Batteries generated by households and conditionally exempt small quantity generators (CESQGs) are generally exempt from Subtitle C regulation.
 
06/03/1993USE OF ON-SITE PRECIPITATION PROCESS AS AN ACCEPTABLE PRETREATMENT STEP ADJUNCT TO MERCURY RETORTINGMemo
 Description: Mercury precipitation treatment cannot be used as a substitute for the required retorting treatment (RMERC) for the D009 high mercury subcategory. Precipitation process may be used as a pretreatment step. Generators can treat waste on-site without obtaining a permit, provided the generator accumulation provisions are met. Discusses generators subject to the land disposal restrictions (LDR) analysis plan notification.
 
06/02/1993REGULATORY STATUS OF SEPARATOR WATER AND EVAPORATOR UNITS AT DRY CLEANERSMemo
 Description: Evaporator units at dry cleaners that have eliminated CWA discharges due to concern over sewer leaks are generally wastewater treatment units (WWTU) (SEE ALSO: RPC# 10/22/93-02). The WWTU exemption applies only to wastewater, not concentrated wastes like free-phase perchloroethylene. CESQG status depends on the total amount of hazardous waste generated at a facility per calendar month. EPA cannot state whether all generators from a particular industry (e.g., dry cleaning) are CESQGs. CESQGs are subject only to 261.5.
 
06/01/1993CONTAINMENT BUILDINGS AT PERMITTED AND INTERIM STATUS FACILITIESQuestion & Answer
 Description: Discusses the procedures for adding containment buildings to permitted and interim status facilities under changes during interim status. A containment buildings is not considered newly regulated units. A generators may accumulate and treat hazardous waste in containment buildings.
 
05/01/1993WASTE CLASSIFIED AS BOTH F005 AND K086Question & Answer
 Description: Washes and sludges generated from cleaning an ink pigment mixing tub using an 80 percent toluene solvent is classified as F005 and K086. For purposes of land disposal restrictions (LDR), the generator must also determine applicable characteristics.
 
04/29/1993CLARIFICATION OF HOW MANIFEST AND BIENNIAL REPORTING APPLIES TO MIXTURES OF HAZARDOUS WASTEMemo
 Description: EPA does not require generators to list hazardous waste codes on the manifest, nor do they have to complete Section J of the manifest. 262.20 establishes the procedure that generators must follow in obtaining the manifest. The content of the biennial report is contingent upon the hazardous waste that is generated by the reporter during the reporting year, not on the waste codes that may be listed on the manifest.
 
04/26/1993STRATEGY FOR VOLUNTARY REMEDIATION OF HISTORIC MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Manufactured gas plant (MGP) wastes are not listed but they may exhibit a characteristic. MGP wastes are newly identified and are not subject to land disposal restrictions (LDR) treatment requirements or the dilution prohibition. MGP wastes may be decharacterized in generator's 262.34 accumulation units without a permit and sent off-site for burning in utility boilers as nonhazardous waste (SEE ALSO: 63 FR 28556; 5/26/98).
 
03/23/1993EXPORTING CHARACTERISTICALLY HAZARDOUS SLUDGE FOR RECLAMATIONMemo
 Description: A characteristic sludge that is exported for reclamation is not subject to the export regulations because characteristic sludges are not solid wastes when they are reclaimed. 262.53(a)(2)(vi) refers to regulated hazardous wastes that are exported for recycling operations.
 
03/05/1993U.S. WASTE MANAGEMENT PRACTICES FOR AUTOMOBILES AND AUTO SHREDDER RESIDUEMemo
 Description: Automobile shredder residue (ASR or fluff) and shredded appliances have the potential to exhibit characteristics, and may also contain PCBs above levels of regulatory concern. It is the generator's responsibility to determine whether ASR is hazardous waste before disposal. Provides the estimated ASR yearly generation. Most shredder residue is managed in solid waste (SW) landfills. Some states ban disposal of white goods (appliances) and autos from landfills or impose a consumer surcharge.
 
02/23/1993CLARIFICATION OF THE SATELLITE ACCUMULATION PROVISION FOR HAZARDOUS WASTE GENERATORSMemo
 Description: Provides clarification of the phrases "at or near point of generation" and "under control of operator. . ." for wastes that are generated at many individual locations (e.g. calculator batteries (battery)) and accumulated in satellite areas.
 
02/18/1993EXPORT OF PETROLEUM-CONTAMINATED SOILMemo
 Description: Exporters must notify and obtain consent from the receiving country prior to shipping hazardous waste. Generators are responsible for determining if wastes are subject to export regulations. Wastes not subject to RCRA are not be subject to export notice and consent provisions.
 
01/28/1993MOVEMENT OF NICKEL CADMIUM BATTERIES FROM MEXICO TO JAPAN VIA THE UNITED STATESMemo
 Description: Hazardous waste is subject to RCRA within U.S. borders. Hazardous waste imported to the U.S. from Mexico for subsequent shipment to Japan is subject to RCRA requirements the moment that it enters the U.S., including import provisions and export provisions. Used batteries that are sent to a battery manufacturer for regeneration are not subject to the Part 262 export requirements (SUPERSEDED: 261.6(a)(3)(ii) removed, See Part 273 and 60 FR 25535; 5/11/95).
 
01/28/1993PROHIBITION OF INTERNATIONAL WASTE SHIPMENTS AND REMOVAL OF HAITIAN TOXIC INCINERATORS ASH Memo
 Description: Provides hazardous waste export facts and a summary of the export regulations.
 
12/24/1992CLARIFICATION ON WHAT CONSTITUTES DIOXIN RELATED MATERIALSMemo
 Description: Contains a list of waste codes that contain dioxin (F020, F022, F023, F026, F027, F028, F032, D017, D041, D042). The F-listed dioxin waste codes do not apply if waste contains dioxin but does not meet the listing description. Waste exhibits the toxicity characteristic only if the level of constituent exceeds the regulatory level. F039, K043, and K099 have land disposal restrictions (LDR) for certain dioxins and furans. If waste meets the listing description, the waste code applies even if no Appendix VIII constituents are present. For purposes of F021, a pentachlorophenol derivative includes any substance which is related structurally and can be made from pentachlorophenol (PCP), including sodium pentachlorophenate, octachlorodibenzodioxin, octachlorodiphenyl ether, and potassium pentachlorophenate. Derivatives from tri- and tetrachlorophenol include tri- and tetra-chlorophenoxy derivatives of carboxylic acids. F020 -F023, F026-F028 hazardous waste must be incinerated in an unit meeting 99.9999 DRE or burned in thermal treatment unit meeting same DRE. Waste that contains Appendix VII constituents but cannot be traced to the original process that would generate the waste meeting listing description is exempt from regulation unless characteristic.
 
11/10/1992REGULATORY STATUS OF SPENT PHOTOCONDUCTOR DRUMS FROM PHOTOCOPYING MACHINESMemo
 Description: The generator is responsible for determining the regulatory status of spent photoconductor drums removed from photocopying machines. Spent photoconductor drums taken from photocopying machines meet the definitions of spent material and scrap metal. Spent drums that are recycled qualify for the scrap metal recycling exclusion. Only wastes that qualify as hazardous are subject to the Part 262 export regulations.
 
10/28/1992REGULATORY REQUIREMENTS PERTAINING TO THE MANAGEMENT OF WASTE SOLVENTS AND USED OILMemo
 Description: A generators may make a hazardous waste determination either by testing or by applying knowledge of the characteristics of the waste, in light of materials or process used in its generation; testing is not required. A generator must determine each waste code applicable to waste. A generator can rely on the analysis of unused mineral spirits plus knowledge of the operation to determine whether or not the resulting waste solvent exhibits any hazardous characteristic, provided he has sufficient information to make an accurate determination.
 
09/21/1992CALCULATION OF TCLP CONCENTRATIONS FROM TOTAL CONCENTRATIONSMemo
 Description: A generator may use total analysis in lieu of the TCLP analysis to determine if analyte could possibly be above regulatory level by dividing total concentration by 20 and comparing result with the regulatory limit. Discusses the maximum theoretical extract concentration (MTEC) (SEE ALSO: RPC# 1/1/94-01 “Use of Total Waste Analysis in Toxicity Characteristic Determinations”).
 
09/14/1992EXPORTATION OF HAZARDOUS WASTEMemo
 Description: A generator must perform a hazardous waste determination for waste that will be exported. All TSDFs handling hazardous waste that will be exported must have the proper permits under RCRA Subtitle C.
 
09/04/1992STATUS OF FLUORESCENT LAMPS UNDER RCRAMemo
 Description: CESQG or household hazardous waste (HHW) fluorescent light bulbs may be land disposed in Subtitle D landfill regardless of characteristic properties. Land disposal restrictions (LDR) do not apply to D009 mercury-containing fluorescent light bulbs that pass the extraction procedure (EP) test (SUPERSEDED: see 63 FR 28556; 5/26/98). The bulbs are subject to LDR because they exhibit the EP toxicity characteristic and toxicity characteristic (TC), and could be considered debris per 268.45.
 
08/27/1992RCRA REGULATORY INTERPRETATION ON BENZENE STRIPPERS AT WRC REFINERYMemo
 Description: Refinery benzene stripper is a hazardous waste treatment unit, not tank ancillary equipment. Benzene stripper could be a fully regulated, wastewater treatment unit (WWTU), or generator accumulation unit.
 
08/26/1992CLARIFICATION ON SAMPLING AND DATA INTERPRETATIONMemo
 Description: Generators are not required to test or to specifically use the SW-846 methods except where specified in the regulations. Persons who demonstrate that their method of sampling and data interpretation is scientifically and statistically correct can use that procedure in place of the SW-846 method.
 
08/25/1992CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR PROVISIONSMemo
 Description: CESQG waste must be treated or disposed in one of five types of facilities specified in 261.5(g)(3) (SUPERSEDED: 261.5 now allows transfer to seven types of facilities). The conditions apply to off-site and on-site management of CESQG waste. Failure to satisfy the conditions triggers permitted and/or interim status facility standards, as well as notification requirements. Generators of more than 100 kg of hazardous waste per month are subject to Part 262.
 
08/20/1992PROPER PROCEDURE FOR REJECTING MANIFESTED SHIPMENT OF HAZARDOUS WASTEMemo
 Description: There is no comprehensive national policy for handling partial or complete rejections of hazardous waste shipments.
 
08/01/1992ACCUMULATION TIME FOR HAZARDOUS WASTE IMPORTERSQuestion & Answer
 Description: Importers cannot accumulate hazardous waste under Section 262.34 when hazardous waste first enters the United States, even though importers must comply with certain other generator requirements.
 
08/01/1992TREATMENT IN A GENERATOR’S 90-DAY CONTAINMENT BUILDINGQuestion & Answer
 Description: A generator accumulating hazardous waste in a containment building can treat waste without obtaining permit or interim status, unless conducting thermal treatment. If treating to meet Part 268 treatment standards, a generator must comply with Section 268.7(a)(4) for waste analysis plan requirements.
 
07/22/1992RCRA SUBTITLE C REQUIREMENTS APPLICABLE TO HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAMS COLLECTING CESQG WASTEMemo
 Description: CESQG wastes managed by state-approved Household Hazardous Waste Collection programs may be mixed with nonhazardous waste (e.g., household hazardous waste) and remain subject to the CESQG requirements, even if the mixture exhibits a characteristic. Collection programs that handle the commingled waste are subject to CESQG regulations. CESQGs who mix hazardous and nonhazardous waste and whose resultant mixtures exceed the 261.5(h) quantity limit and exhibit a characteristic are subject to 262 generator regulations.
 
07/21/1992TREATING WASTES IN GENERATORS ACCUMULATION TANKS AND CONTAINERSMemo
 Description: Generators may conduct treatment of used oil (e.g., mixing characteristic used oil with another material to render the used oil nonhazardous) in accumulation tanks or containers without a permit or interim status provided that the units conform to the standards in Part 265, Subparts I or J, and 262.34.
 
07/01/1992ONE-TIME NOTIFICATION REQUIREMENT UNDER 268.7(A)(6)Question & Answer
 Description: The one-time notification requirement under the land disposal restrictions (LDR) applies even if, prior to discharge, waste is managed in a manner not substantively regulated.
 
07/01/1992REMEDIATION OF CONTAMINATED SOILS AT HISTORIC MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Generators may treat contaminated soils from manufactured gas plant (MGP) site remediation to remove characteristics in generator accumulation units without a permit. Decharacterized hazardous waste may then be sent off-site for burning as nonhazardous waste (SEE ALSO: 63 FR 28574; 5/26/98).
 
06/11/1992CLARIFICATION OF THE APPLICABILITY OF CERTAIN RCRA REQUIREMENTS TO COMMON EXCAVATION-TYPE ACTIVITIESMemo
 Description: Excavating and redepositing hazardous soils (active management) within an area of contamination (AOC) during trenching or other non-RCRA related construction is not generation, treatment, storage, or disposal of hazardous waste and triggers no RCRA requirements, including land disposal restrictions (LDR) and generator rules. Such excavation does not “generate” waste and is not subject to generator requirements (SEE ALSO: 63 FR 28556, 28617; 5/26/98).
 
06/03/1992MIXED WASTE MANAGEMENT: NORTHWEST INTERSTATE COMPACTMemo
 Description: The chemical component of biomedical radioactive mixed wastes consists of acids and bases as well as solvents. The sample and treatability study exclusions may be used to develop the mixed waste treatment capability. There is no standard procedure for sampling non-homogeneous mixed waste (or other non-homogeneous (waste) in drums. There is currently no disposal options for scintillation cocktails contaminated with radionuclides other than tritium or carbon-14.
 
05/28/1992REGULATORY STATUS OF RECLAIMED SOLVENT FROM USED DRY CLEANING FILTERSMemo
 Description: Crushing spent dry cleaning filters before removing solvents for reclamation is exempt recycling. Storage prior to recycling may require a permit or may be subject to generator regulations of 262.34 or 261.5.
 
03/31/1992MANAGEMENT OF MIXED WASTEMemo
 Description: Low-level radioactive mixed waste typically consists of organic liquids, oil mixtures, heavy metal-contaminated wastes, and corrosive liquids. Generators, and TSDFs must include mixed waste information in their biennial report. Discusses mixed waste permitting authority. Mixed waste is a subset of low level waste.
 
12/30/1991PETITION TO DELIST XENIUM FIBERGLASS CORPORATION WASTEMemo
 Description: The delisting process generally takes two years. Addresses minimum delisting petition requirements. A delisting petition is not necessary for waste which is no longer hazardous via the 261.3(a)(2)(iii) exemption for mixtures of solid waste and hazardous waste listed solely for a characteristic that are no longer characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). The generator is responsible for demonstrating that an exempt mixture remains nonhazardous and for classification as legitimately used, reused, recycled, or reclaimed.
 
12/19/1991USED AUTOMOBILE ANTIFREEZE DISPOSALMemo
 Description: Used antifreeze from households is exempt from regulation. Used antifreeze from business is hazardous waste only if characteristic. Small business may be able to enjoy the reduced CESQG regulation. Industry data indicates used antifreeze may fail TCLP.
 
12/10/1991RECOVERED LEAD AND LEAD ALLOYS FROM BATTERIESMemo
 Description: Provides an overview of the requirements related to hazardous waste export, including notification, involvement of the U.S. State Department, Customs, receiving country consent, EPA Acknowledgement of Consent, transit country notification, and bilateral agreement requirements.
 
12/05/1991HAZARDOUS AND MUNICIPAL WASTE IMPORTS AND EXPORTS BETWEEN THE U.S. AND CANADAMemo
 Description: The import of hazardous waste and solid waste is not prohibited under federal regulations. Wastes are "goods in commerce," and protected under the commerce clauses in the Constitution.
 
12/01/1991SW-846 TEST METHODSQuestion & Answer
 Description: The test methods found in SW-846 are generally not required, but are intended as guidance for both hazardous waste identification and compliance with the land disposal restrictions (LDR) treatment standards. In certain instances, such as delisting and characteristic testing, EPA requires the use of the SW-846 methods.
 
11/12/1991APPLICABILITY OF SPECIAL COLLECTION SYSTEM PROPOSAL TO BATTERIESMemo
 Description: Hazardous waste batteries (battery) generated by households are not subject to regulations. Batteries generated by a CESQG are subject to limited controls. Until EPA develops special management standards for recycling hazardous waste batteries, generators must still determine whether used nickel-cadmium batteries exhibit the toxicity characteristic (SEE ALSO: Part 273).
 
11/01/1991TRANSFER FACILITY AS CENTRAL COLLECTION POINTQuestion & Answer
 Description: Transfer facilities can serve as a central collection points for the consolidation of wastes from several locations or from generation sites, provided the collection center meets the definition of a transfer facility.
 
10/29/1991TCLP EXTRACTIONS APPLIED TO LIQUID WASTES, OILS AND SOLVENT-BASED PRODUCTSMemo
 Description: Provides suggested analytical steps when inconclusive results are obtained from application of the TCLP to solvent and oily wastes. Generators may always apply their knowledge in lieu of testing. TCLP analysis is unnecessary for used oil destined for recycling.
 
10/17/1991EXTENSION DATE FOR THE UNIFORM HAZARDOUS WASTE MANIFESTMemo
 Description: A manifest with a 9/30/91 expiration date may be used through 9/30/92. Cross out the printed 1991 expiration date and replace it with the new 1992 expiration date (SUPERSEDED: manifest extended to 9/30/99 by 61 FR 54998; 10/23/96).
 
10/09/1991EXEMPTION FROM PARTICLE SIZE REDUCTION STEP IN TCLPMemo
 Description: Generator knowledge may include previous testing data on similar waste. The generator must test or apply knowledge to make a determination of hazardous waste characteristics. The TCLP particle size reduction method is up to the lab’s best professional judgment.
 
09/27/1991DESIGNATED FACILITY UNDER THE TREATABILITY STUDY EXCLUSIONMemo
 Description: The designated facility definition allows the shipment of waste from a state where it is hazardous to a state where it is not hazardous. The manifest requirements should be followed as required by the originating state. Discusses the applicability to shipment of excluded treatability study samples from states where it is not excluded.
 
09/06/1991DETERMINATION OF THE IGNITABILITY CHARACTERISTICMemo
 Description: There is no test method for ignitable solids (D001), the generator should apply knowledge (SEE ALSO: SW-846 Method 1030 (62 FR 32451; June 13, 1997). The analyses of solids may help determine if any detectable compounds are known to be ignitable. Meeting any, not all, of the ignitability properties renders a waste hazardous. There is no specific definition of “liquid” for purposes of the Pensky-Martens closed tester (SEE ALSO: RPC# 10/20/93-01) (SEE ALSO: 60 FR 3092; June 13, 1997).
 
08/30/1991LEAD PAINT REMOVAL DEBRIS AND THE TCLP PROCEDUREMemo
 Description: Adding iron or other material to lead-based paint (LBP) removal waste (or to removal abrasive) to mask the lead (D008) characteristic is not legitimate and may subject the generator to additional liability. Whether the masking agent is added to the paint removal abrasive prior to the abatement process or added to the waste following generation is immaterial (SEE ALSO: RPC# 7/3/91-02).
 
08/30/1991TSDFS AS GENERATORSMemo
 Description: Residues from the treatment of hazardous waste could cause a TSDF to be a generator. A TSDF may also generate other kinds of waste than those generated as a result of treatment.
 
08/16/1991MAILING MEDICAL WASTE THROUGH THE U.S. POSTAL SERVICEMemo
 Description: Small generators of medical waste are allowed to ship sharps via USPS. Addresses the USPS requirements for packaging and identifying medical waste (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
07/31/1991TC RULE HAZARDOUS WASTE DETERMINATIONMemo
 Description: Pulp and paper mill wastes should be sampled at an outlet from the bleach plant (point of generation), prior to commingling (mixing) with other wastestreams, to determine whether they exhibit the toxicity characteristic for chloroform (D022). The dilution of characteristic hazardous waste at a pulp and paper mill is acceptable for CWA compliance provided there is no specified method of treatment (58 FR 29860; 5/24/93). The definition of aggressive biological treatment (ABT) units for the purposes of the F037 and F038 listings does not apply to the exemption for biological treatment units from the surface impoundment minimum technical requirements.
 
07/26/1991UNIFORM HAZARDOUS WASTE MANIFEST COMPLETION INSTRUCTIONSMemo
 Description: The generator is responsible for designating a second transporter when hazardous waste is transferred from rail to highway. The generator is responsible for knowing who is transporting the hazardous waste so that he can ensure that the waste will reach the designated facility.
 
07/03/1991TCLP AND LEAD PAINT REMOVAL DEBRISMemo
 Description: Provides general guidance for the representative sampling of lead-based paint abatement wastes (debris and abrasives) from drums, roll off boxes, and other containers. Shipments of LBP abatement wastes from a field site (bridge repair) to a central accumulation point must generally be accompanied by a manifest. The central accumulation point must be a transfer facility or a TSDF to accept manifested hazardous waste. Generators conducting lead-based paint (LBP) abatement must test the wastes using TCLP unless they can apply knowledge to determine characteristics (SEE ALSO: 63 FR 70233, 70241; 12/18/98). If an LBP waste first tests nonhazardous in TCLP due to the masking effect of an iron abrasive but exhibits the characteristic prior to disposal, all hazardous waste regulations apply. LBP abatement wastes that are characteristic for lead may be stabilized on site during accumulation in tanks or containers without a permit.
 
06/21/1991POSITION PAPER ON SPENT ABSORBENT MATERIALSMemo
 Description: CESQGs may dispose of hazardous waste in a sanitary or municipal solid waste landfill as long as the landfill is permitted, licensed, or registered by the state to manage municipal or industrial solid waste (SEE ALSO: 261.5(g)(3)). An absorbent and waste mixture containing a free liquid phase with a flash point less than 140 F is D001. A sorbent and waste mixture with no free liquid is D001 only if it qualifies as an ignitable solid. DOT hazard classes do not correspond directly to RCRA characteristics. The deliberate mixing of hazardous waste and absorbents to render waste nonhazardous may be treatment subject to permitting (SEE ALSO: 264.1(g)(10)) and 268.3). If an absorbent is mixed with waste that is listed solely for exhibiting a characteristic, the mixture is not hazardous waste if it does not exhibit the characteristic (SEE ALSO: 66 FR 27266; 5/16/01). A mixture of absorbent and used oil is subject to Part 266, Subpart E (SUPERSEDED: See Part 279) if destined for energy recovery.
 
06/21/1991SPENT ANTIFREEZE AND THE TOXICITY CHARACTERISTICMemo
 Description: Discusses the use of TCLP to determine if spent antifreeze exhibits the characteristic for lead. The extraction procedure (EP) and TCLP are functionally equivalent for liquid wastes, since both lead to a direct analysis of the liquid. Extraction procedure toxic wastes are a subset of all hazardous waste. Generators may apply their knowledge instead of testing.
 
06/13/1991TCLP EXTRACTIONS AS THEY APPLY TO OILY WASTEMemo
 Description: The Agency does not recommend applying the TCLP test to oily waste. If oily waste is used oil, characterization is unnecessary if going for recycling (SEE ALSO: Part 279). If the TCLP is inconclusive on oily wastes, the generators may use knowledge.
 
06/05/1991CERTIFICATION/NOTIFICATION FOR MULTIPLE-CONSTITUENT WASTES SUBJECT TO LDRSMemo
 Description: Waste as a whole, not individual constituents, must be certified to meet the treatment standards. If waste as generated meets the treatment standards for some constituents but not others, the generator must notify the TSDF that waste does not meet the land disposal restrictions (LDR) treatment standard.
 
06/01/1991WITHDRAWAL OF AN INTERIM STATUS PART A PERMIT APPLICATIONQuestion & Answer
 Description: A generator in compliance with Section 262.34 who filed a Part A application is not subject to the Part 265 standards. The procedures for protective filers to follow in withdrawing Part A application.
 
05/29/1991ELECTROPLATING WASTESMemo
 Description: Anode bags are spent materials when removed from electroplating bath for reclamation. Spent anode bags are both reactive (D003) and F007. Bags can be washed in an accumulation tank/container without a permit under Section 262.34. Filter media, and residue from the apparatus used to filter cyanide plating bath are D003 (reactive) and F008, but not F007. A cleaning bath that does not contain cyanides is not F009.
 
05/21/1991APPLICABILITY OF THE TCLP TO WASTE MUNITIONSMemo
 Description: The mandatory hazardous waste determination should be based on knowledge when the application of TCLP to discarded munitions would result in an inherently unsafe situation due to the particle reduction step. The exemption from TCLP is unwarranted because generators can apply their knowledge.
 
05/21/1991COMPACTING HAZARDOUS WASTE INSIDE STEEL DRUMS AS TREATMENTMemo
 Description: Compacting hazardous waste in a steel drum is treatment if the reduction in volume results in a change in the physical, chemical, or biological character or composition of the waste. Compacting in generator accumulation containers would not require a permit.
 
05/01/1991APPLICABILITY OF THE TOXICITY CHARACTERISTIC AND THE TCLPMemo
 Description: Generators may test or apply knowledge to make a hazardous waste determination. Generators may limit testing to those constituents that are likely to be present in the waste.
 
05/01/1991TCLP PARTICLE SIZE REDUCTION EXEMPTION FOR MUNITIONSMemo
 Description: Particle reduction in TCLP is unsafe for military munitions. Facilities may apply knowledge to determine characteristic.
 
04/26/1991FEDERAL HAZARDOUS WASTE GENERATOR NOTIFICATION POLICYMemo
 Description: Discusses the policy on releasing information on TSDF enforcement actions to federal generators. Addresses the use of the CERCLA "off-site policy" and the Federal Government Notification System to provide information. Non-federal generators must submit Freedom of Information Act requests.
 
04/23/1991LAND DISPOSAL RESTRICTIONS APPLIED TO EXPORTED WASTESMemo
 Description: The land disposal restrictions (LDR) apply to exported hazardous waste (HW), including notification, certification, and demonstration under 268.7(a). The treatment standards need not be met prior to disposal in another country. The regulatory status of a secondary material to be reclaimed depends on the type of material and if it is a characteristic or listed HW.
 
04/16/1991GENERATOR TREATMENT IN ACCUMULATION TANKS AND CONTAINERSMemo
 Description: A petition to allow generators of mixed radioactive and hazardous waste to treat on site without obtaining a permit might be unnecessary. Some types of treatment are allowable during the 262.34 accumulation period so long as the applicable management standards are met.
 
04/16/1991TC RULE RELATIONSHIP TO USED OIL FILTER DISPOSALMemo
 Description: In spite of the toxicity characteristic rule, generators may still apply their knowledge to make a hazardous waste determination. They must, however, be correct in their determination. Used oil filters are subject to hazardous waste determination (SEE ALSO: 261.4(b)(13)).
 
03/25/1991DILUTION OF TEST SAMPLINGMemo
 Description: TCLP is difficult to use on wastes such as oils and neat solvents because dilution step shifts detection limits are above the toxicity characteristic levels. A generator should apply knowledge in such cases. If no information is available, it would be prudent to handle it as hazardous waste (SEE ALSO: RPC# 8/14/90-01). There is no need to run TCLP on used oil that will be recycled.
 
03/13/1991SMALL QUANTITY GENERATOR (SQG) REQUIREMENTS AND LIABILITIESMemo
 Description: If a generator receives the return copy of the manifest with the required signatures (generator, transporter, TSDF) and maintains proper records, the generator should be in compliance with RCRA Subtitle C even if the waste is subsequently remanifested and sent by the TSDF to another facility for further treatment. A generator retains potential liability under CERCLA for future mismanagement.
 
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).
 
03/01/1991AMENDMENTS TO PART 262 HAZARDOUS WASTE DETERMINATION AND RECORDKEEPING REQUIREMENTS OF PART 262 AND 268Question & Answer
 Description: The Section 262.11(c) requirement for generators to evaluate listed waste for characteristics applies to land disposal restrictions (LDR) paperwork only, and does not affect generator paperwork such as the manifest or the biennial report. If waste is both listed and characteristic, then the LDR standards for the listing operate in lieu of the characteristic standards, unless the listing does not address the characteristic or is not in effect (i.e., under a variance).
 
02/05/1991EXPORT OF HAZARDOUS WASTES UTILIZED FOR PRECIOUS METALS RECLAMATIONMemo
 Description: Part 266, Subpart F precious metals that are exported for reclamation are also subject to Part 262 export requirements. The export requirements apply to wastes that require a manifest.
 
02/05/1991GENERATOR HAZARDOUS WASTE DETERMINATION AND THE TCLPMemo
 Description: Clarifies a letter (RPC# 11/8/90-04). A generator may always apply knowledge in determining if a waste is hazardous waste. If no information is available except for inconclusive TCLP data, it is prudent for the generator to assume that the waste is hazardous. There is no need to perform TCLP on used oil that is destined for recycling.
 
01/29/1991NOTIFICATIONS OF INTENT TO EXPORTMemo
 Description: Discusses 1990 export data regarding the received notifications of the intent to export.
 
12/03/1990SHIPS AS GENERATORS AND EPA IDENTIFICATION NUMBERSMemo
 Description: The Navy and a contractor generating hazardous waste on a ship are cogenerators and can mutually pick who assumes generator responsibilities. Cogenerators operating at the same site normally use that site’s EPA ID number for the manifest. A generator may use an "internal" tracking number to identify the contractor generating hazardous waste. Normally, there should only be one EPA ID number per site. Regions can make their own determinations on assigning EPA ID numbers to port facilities.
 
11/08/1990APPLICABILITY OF THE TCLPMemo
 Description: TCLP is inappropriate for certain matrices, like oils and neat solvents. Dilution step shifts detection limits are above regulatory levels. If that is the case, the generator must assume that the waste is hazardous (SEE ALSO: RPC# 3/25/91-01). TCLP must be used to obtain the extract.
 
10/01/1990CLARIFICATION OF SECTION 262.34(A) ACCUMULATION TIME FOR EXCESS OF 55-GALLON LIMIT IN SATELLITE ACCUMULATION AREASQuestion & Answer
 Description: The generator is allowed up to three days for waste transfer from a satellite accumulation area, or up to a 93 day accumulation time period for wastes in excess of the 55 gallon limit. The 90 day clock begins as soon as the waste is transferred to the generator’s 90 day accumulation area.
 
09/20/1990INTERPRETATIONS OF THE EPA MEDICAL WASTE REGULATIONS (NUMBERS 50-63)Memo
 Description: Includes the sixth set of medical waste Qs and As and addresses federal, state, and local medical waste regulations. Discusses generator v. transporter responsibility for pretransport requirements. No semiannual report is required for generators and destination facilities. No permit is required for a medical waste disposal facility (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
09/07/1990APPLICABILITY OF EXCLUSION FOR REGULATED MEDICAL WASTE THAT HAS BEEN TREATED AND DESTROYEDMemo
 Description: A medical and disinfectant waste mixture should first be evaluated against the hazardous waste criteria. Used and unused sharps are regulated medical waste. Provides definitions of treated and destroyed. Crushing is not destruction (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
08/24/1990SPENT ANTI-FREEZE COOLANT REGULATORY STATUSMemo
 Description: Waste antifreeze coolant (ethylene glycol) is not a listed hazardous waste (HW) but is a solid waste if intended for discard. The generator must determine if it is characteristic, by testing the waste or applying knowledge. Anecdotal evidence indicates that used antifreeze may exhibit the toxicity characteristic for lead, as determined using the EP (extraction procedure).
 
08/15/1990TANK TREATMENT PROCESSESMemo
 Description: Circuit board manufacturing wastes can be F006 if electroplating is involved. Anodizing is electroplating. Chemical conversion coating is a non-electrical process and is not anodizing or electroplating for F006, F007, F008, F009. Wastewater is defined only for the land disposal restrictions (LDR). Containers and tanks storing hazardous waste (HW) before an off-site shipment are not wastewater treatment units (WWTUs). EPA did not intend to include containers in the definition of ancillary equipment. Generator accumulation starts when the waste first enters the container. HW sludge that is removed from a WWTU is subject to full regulation. A unit can be both a WWTU and an elementary neutralization unit (ENU). A wastewater treatment sludge is anything that precipitates or separates during treatment. F006 may be formed in an exempt unit.
 
08/14/1990TCLP APPLICABILITYMemo
 Description: The use of TCLP to evaluate solid waste prior to the effective date of TCLP is valid. Addresses the use of matrix spike recovery. TCLP is difficult to apply to oily or solvent matrices. In the absence of usable data, it is safest to assume the material is a hazardous waste (SEE ALSO: RPC# 3/25/91-01).
 
08/01/1990DEFINITION OF A USED OIL MARKETERQuestion & Answer
 Description: A used oil (UO) generator who markets UO to a blender who blends it at one site and burns it at another is not a marketer. A blender who sends UO off-site to a burner is a marketer, even if the blender and the burner are owned by the same company (SUPERSEDED: See Section 279.1).
 
08/01/1990TANK TREATMENT SYSTEM OF METAL-RICH RINSEWATERSMemo
 Description: Generators using AMUSON recycling should not count waste that is not stored prior to placement in the treatment tank. The treatment tank may not be regulated if it is a CESQG or a generator accumulation unit. Treated wastewater is generally not a reclaimed product. In certain cases, treated wastewater that is legitimately reused is considered reclaimed and is not a solid waste.
 
07/31/1990MULTI-SOURCE LEACHATE AND TREATMENT STANDARDS OF LAND DISPOSAL RESTRICTIONSMemo
 Description: Waste codes not required on the manifest. A TSDF may rely on waste analysis data from the generator, but the TSDF must periodically test representative samples. A lab may certify for land disposal restrictions (LDR) as representative of the waste handler. Waste analysis parameters. Stabilization of cyanide to reduce leachability is an inappropriate treatment and generally impermissible dilution. No dilution of toxicity characteristic wastes if land disposed. Generators must determine characteristics. If a listed treatment standard addresses the characteristic, it operates in lieu of characteristic (even if less stringent). Prohibited waste only placed in a minimum technological requirement (MTR) surface impoundment if meets treatment standards, variance or extension, or 268.4. Notice and certification for de-characterized waste is sent to the implementing agency. F039 HSWA. Permitted TSDFs with F039 submit Class 1 modification by 8/8/90. Lab packs must be burned in Subpart O incinerator, not cement kilns.
 
07/19/1990ELECTRIC UTILITY POLESMemo
 Description: Utility poles may exhibit the toxicity characteristic (TC) for organic constituents and trigger hazardous waste regulation. A generator of used utility poles removed from ground must determine if poles exhibit a characteristic of hazardous waste.
 
07/01/1990ADDING ABSORBENT TO WASTE CONTAINERSQuestion & Answer
 Description: An absorbent does not have to be added when the waste is first containerized to meet the absorbent exemption. Generators can accumulate waste in other containers before adding the waste to a container along with the absorbent.
 
06/14/1990RCRA WASTE CLASSIFICATION OF LABORATORY STANDARDSMemo
 Description: F-listed solvent used to dissolve CCP to formulate lab standards use as an ingredient, not a solvent. Diluting or dissolving chemicals to make lab standard is not use. Discarded unused lab standards with P- or U-list chemicals are P-list or U-list hazardous waste if there is one active ingredient. The federal regulations do not require waste codes on the manifest, but the state may. If the waste is both listed and characteristic, it carries all applicable codes for land disposal restrictions (LDR) and incompatible waste.
 
05/23/1990NICKLE/CADMIUM BATTERIES, REGULATORY STATUSMemo
 Description: There is an exemption for a battery (batteries) returned for regeneration, not spent nickel-cadmium battery export for reclamation (SUPERSEDED: see 60 FR 25535; 5/11/95). Draining is not regeneration. A battery does not have to be contaminated to be a spent material. If it is unknown if a battery reusable, generator may consider spent. Generator determines if spent. Must document claims per 261.2(f) (SEE ALSO: Part 273).
 
04/10/1990STEAM-SPRAYING OF AN EMPTY TANKMemo
 Description: If rinsing is conducted on non-empty container or to render container empty, rinsate is subject to all hazardous waste regulations. If a container empty per 261.7 is rinsed, the rinsate is exempt, including from requirement to determine if the rinsate is characteristic. (SUPERSEDED: see RPC# 4/12/04-02)
 
03/22/1990MICRO-CLEAR REGULATORY STATUSMemo
 Description: A product being used for its intended purpose is not a solid waste until it no longer can be used for its intended purpose (e.g., spent, off-specification, beyond expiration date). Although data may indicate a waste is not hazardous, each individual generator is responsible for evaluating the waste and making a hazardous waste determination.
 
03/01/1990BULKING OR CONTAINERIZING COMPATIBLE HAZARDOUS WASTES FOR TRANSPORTATIONMemo
 Description: Bulking or consolidating hazardous waste (HW) shipments for transport may not be treatment. Mixing different HW for fuel is blending subject to permit. The state or Region decides if it is treatment. Fuel blending is not defined. Discussion of blending versus bulking. Non-generator blending tanks need a permit. Blenders must ensure significant heating value (SUPERSEDED: See RPC# 11/8/94-01).
 
03/01/1990ON-SITE INCINERATION OF MEDICAL WASTE GENERATED OFF-SITE BY GENERATORS OF LESS THAN 50 POUNDS PER MONTHQuestion & Answer
 Description: Hospitals incinerating medical waste from off-site generators of less than 50 pounds of medical waste per month need to comply with Part 259, Subpart G, but are not subject to Part 259, Subpart I (SUPERSEDED: see 60 FR 33912; June 29, 1995).
 
03/01/1990TREATMENT STANDARDS FOR METHANOL WHICH DOES NOT MEET THE F003 LISTINGQuestion & Answer
 Description: A generator need not include the methanol treatment standard in the land disposal restrictions (LDR) notification for F003 waste xylene with traces of methanol used as a fuel. The use of a solvent as a reactant or ingredient is not solvent use meeting listing (SUPERSEDED: no treatment standard on notification, see new 268.7(a)(2)).
 
02/27/1990REGULATION OF DISPOSABLE DENTAL INSTRUMENT TRAYS AS MEDICAL WASTEMemo
 Description: Disposable dental instrument trays could be regulated medical waste if contaminated with blood or isolation wastes. If the trays are recycled into a new product, they may be exempt at the point of recycling. Generators of regulated medical waste to be recycled must track the items to the recycling facility (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
02/16/1990EXPORTATION OF MUNICIPAL WASTE TO CENTRAL AMERICAMemo
 Description: EPA has no authority to control the export of municipal solid waste. The export of hazardous waste is regulated. New requirements for municipal solid waste exports are predicted as result of Basel Convention and pending legislation (SEE ALSO: 61 FR 16290; 4/12/96 and 57 FR 20602; 5/13/92).
 
02/09/1990DINOSEB FORMULATIONS, REGULATORY STATUSMemo
 Description: Discussion of the CESQG. A generator may treat hazardous waste up to 90 days without a permit. Dinoseb sole active ingredient in formulation is P020. Dinoseb and naptalam active ingredients are not listed. Dinoseb major constituent (95%) is a technical grade CCP and is listed if discarded unused. Dinoseb salts are not included.
 
02/01/1990EXCULTION FOR REGULATED MEDICAL WASTE RESIDUES THAT HAVE BEEN TREATED AND DESTROYEDMemo
 Description: Autoclaving is legitimate treatment but not a legitimate destruction method;. Generators who treat and destroy on-site must comply with the Part 259 storage requirements before treatment/destruction. A QA/QC performed on test kits may generate regulated medical waste. Discussion of microorganisms (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
02/01/1990MANIFESTING REQUIREMENTS AND EPA IDENTIFICATION NUMBERSQuestion & Answer
 Description: Two facilities owned by same company but separated by a river must have separate EPA ID numbers. Waste transported from one facility to another by public highway must be accompanied by a manifest (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; February 12, 1997).
 
11/01/1989TREATABILITY STUDIES SAMPLE EXCLUSIONQuestion & Answer
 Description: The scope of the treatability studies sample exclusion includes returning the sample to the generator or the sample collector after completion of the treatability study.
 
10/17/1989SHARPS MAILING EXEMPTIONMemo
 Description: Generators must use the USPS registered mail return receipt requested system to qualify for the sharps mailing exemption. The exemption applies to generators in covered states who generate less than 50 pounds/month and ship less than 50 pounds of regulated medical waste per shipment (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
09/01/1989CLARIFICATION OF LAND DISPOSAL RESTRICTIONS FOR UNDERGROUND INJECTED WASTESQuestion & Answer
 Description: Generators are still subject to the land disposal restrictions (LDR) notification requirements during variance from treatment standards for wastes disposed of in an UIC wells. During the variance, notification must indicate that the waste need not meet the treatment standard (SEE ALSO: 60 FR 43654; August 22, 1995).
 
09/01/1989MANIFEST REQUIREMENTS AND THE OFF-SITE DEFINITIONQuestion & Answer
 Description: Waste moved within a corporate park among wholly owned subsidiaries without use of public road does not need a manifest because it is not transported off-site. Off-site is interpreted as that which is not on-site.
 
08/18/1989EPA I.D. NUMBER AND FACILITY LOCATIONMemo
 Description: ID numbers are issued by-site. On-site includes geographically contiguous property which may be divided by public or private right-of-way. If the public has access to rights-of-way, it is not considered a single property (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; February 12, 1997).
 
08/17/1989SCRAP DENTAL AMALGAMMemo
 Description: Dental silver amalgam is not specifically listed as a hazardous waste. The American Dental Association (ADA) research suggests amalgam does not exhibit extraction procedure (EP) toxicity (SUPERSEDED: See 261.24), but the burden of determination is ultimately the generator's. ADA data could be the basis of a determination by knowledge. CERCLA 107 liability is independent of the material’s regulatory status under RCRA.
 
08/15/1989EPA IDENTIFICATION NUMBERS AND FACILITY LOCATIONMemo
 Description: Generators and transporters must obtain EPA ID numbers before they treat, store, dispose of, transport, or offer for transportation, hazardous waste. EPA generally issues one EPA ID number to each unique site. The on-site definition may help in deciding whether a facility constitutes more than one site for purposes of assigning ID numbers (SEE ALSO: RPC# 9/1/83-01). The Region or state implementing agency ultimately decides how many EPA ID numbers apply to particular facility.
 
08/04/1989DEPLETED MIXTURES OF ETHYLENE GLYCOL AND WATER FROM HEAT EXCHANGERSMemo
 Description: A depleted mixture of ethylene glycol and water used as a coolant is a solid waste when disposed, but would only be hazardous waste if it exhibits a characteristic since no listings apply. Generators must test their wastes or apply knowledge. There is no federal regulation for nonhazardous waste generators.
 
08/02/1989SATELLITE ACCUMULATION PROVISION, CLARIFICATIONMemo
 Description: The 55-gallon limit applies to the total of all non-acutely hazardous waste in a satellite accumulation area. There is no limit on total number of satellite accumulation areas at a facility. There is no specific size of containers required for satellite accumulation.
 
08/01/1989GENERATOR SATELLITE ACCUMULATION/COUNTING REQUIREMENTSQuestion & Answer
 Description: Wastes in satellite accumulation area must be counted in generator’s monthly waste quantity determination.
 
07/13/1989SATELLITE ACCUMULATIONMemo
 Description: Portable roll-off boxes meet the 260.10 definition of container and may be used for satellite accumulation as long as quantity limits, time limits, and other conditions of 262.34(c) are met. Any device meeting the definition of a container may be used for satellite accumulation.
 
07/13/1989UNIFORM HAZARDOUS WASTE MANIFESTMemo
 Description: A manifest is no longer required to have a burden box statement.
 
07/06/1989HEALTH BASED VALUES FOR PAH'S IN COKE BY-PRODUCT WASTESMemo
 Description: List of polyaromatic hydrocarbons (PAH) commonly detected in coke by-product waste, and their risk specific doses (RSD) and reference doses (RfD).
 
07/05/1989CHARACTERISTIC HAZARDOUS WASTE OR SOLID WASTE TREATMENT MAY CREATE A LISTED HAZARDOUS WASTEMemo
 Description: Waste derived from the treatment of waste listed solely for exhibiting a characteristic (e.g., F003) is listed unless mixed with solid waste and the mixture no longer exhibits a characteristic (SUPERSEDED: 66 FR 27266; 5/16/01; SEE ALSO RPC# 11/4/92-01). The treatment of nonhazardous or characteristic electroplating wastewater can generate a listed F006 sludge, whether treatment occurs at generator facility or off-site TSDF.
 
07/01/1989MEDICAL WASTE GENERATORSQuestion & Answer
 Description: Medical waste generator responsibilities for maintaining incineration logs and submitting reports (SUPERSEDED: no longer in effect, Part 259 removed from 40 CFR; See 60 FR 33912; June 29, 1995).
 
06/30/1989DENTAL AMALGAM DISPOSALMemo
 Description: Dental amalgam is not specifically listed, so the generator is responsible for determining the applicability of hazardous waste characteristics. Silver and mercury are of particular concern. EPA has no plan to develop specific rules regarding the recycling of dental amalgam.
 
06/27/1989EXPORTING PETROLEUM WASTE TO SOUTH AMERICAMemo
 Description: Exported petroleum wastes that are hazardous are subject to Part 262, Subpart E. If waste is not hazardous then there are no requirements under U.S. law. Receiving country and any transit countries may have regulations that apply. TSCA bans export of PCB-containing oils (Section 761.20(c)).
 
06/26/1989LEACH TESTING PROCEDURE TO REMOVE LEAD-CONTAMINATED SOILS FROM RESIDENTIAL AREASMemo
 Description: If contaminated soil is removed from a site, the generator must determine if the soil contains hazardous waste by testing and/or applying knowledge. In the absence of a specific cleanup order, soil left in place is not subject to RCRA Subtitle C requirements, including testing (SEE ALSO: 61 FR 18779; 4/29/96).
 
06/26/1989MIXED WASTE REGULATION - RCRA REQUIREMENTS VS. NRC REQUIREMENTSMemo
 Description: Activities that do not require a permit include: recycling, resource recovery, totally enclosed treatment, and treatment in a generator’s accumulation tank. EPA is not planning to modify storage rules to allow generators to hold radioactive mixed waste on-site for radionuclide decay beyond 90 days without a permit (SEE ALSO: 64 FR 63464; November 12, 1999). EPA and the Nuclear Regulatory Commission (NRC) are developing guidance to integrate regulations on radioactive mixed waste storage. EPA and the NRC agree on dual manifesting of mixed waste. Hazardous waste can be shipped to a designated facility in a state that does not regulate that waste as hazardous. EPA does not require a transporters to obtain permits, but States may do so. States may list used oil as hazardous waste.
 
06/15/1989SECONDARY MATERIAL SUBJECTED TO NOTICE REQUIREMENTS UNDER THE US-CANADIAN BILATERAL TREATYMemo
 Description: Spent abrasives from sandblasting used as an ingredient in Portland cement are solid wastes because they are used to produce a product that "will be, or is likely to be, placed on the land," and are subject to hazardous waste regulation if characteristic, including manifesting and export notification.
 
06/12/1989HEALTH STATUS OF PAH'S IN COKE BY-PRODUCT WASTESMemo
 Description: Provides a list of polyaromatic hydrocarbons found in coke by-product wastes and their reference doses (RfD) or cancer assessment group (CAG) classifications.
 
06/05/1989TEST SAMPLES, EXCLUSION FROM HAZARDOUS WASTEMemo
 Description: Samples collected for testing are exempt from RCRA under certain conditions. Samples need not be managed as hazardous waste when being tested. Once samples are no longer exempt, a hazardous waste determination must be made, and waste becomes subject to regulation if it is hazardous. Conditionally exempt small quantity generators (CESQGs) are subject to hazardous waste determination and must send waste to a facility that is authorized to accept such waste. CESQGs that accumulate greater than 1000 kg of hazardous waste are subject to 262.34.
 
06/01/1989APPENDIX VIII AND APPENDIX IXQuestion & Answer
 Description: Explains the differences between Part 261 Appendix VIII and Part 264 Appendix IX. EPA uses 261 Appendix VIII in listing hazardous wastes, but it should not be used by generators in waste identification. 264 Appendix IX is used only for groundwater monitoring at permitted facilities.
 
05/31/1989DISPOSAL OF RAGS TO WIPE CRUDE OILMemo
 Description: Crude oil-contaminated rags are not listed hazardous waste. The generator must determine if the rags exhibit any hazardous waste characteristics (SEE ALSO: RO 11813).
 
05/17/1989SCRAP AMALGAM FILLINGS FROM DENTISTS, DISPOSAL OFMemo
 Description: Dental amalgam is hazardous if it exhibits extraction procedure (EP) toxicity for lead or silver (SUPERSEDED: See 261.24). Most dentists are probably classified as CESQGs.
 
05/15/1989USED OIL BURNED FOR ENERGY RECOVERY, INTERPRETATION OF SUBPART EMemo
 Description: The rebuttable presumption is not limited to the generator of used oil (UO). Any person in possession of UO containing greater than 1000 ppm total halogens must be able to rebut the presumption. If UO failing the presumption is sprayed on (mixed with) coal, then the coal/oil mixture is a hazardous waste fuel that is subject to 266 Subpart D (SUPERSEDED: See 266 Subpart H), even if it has less than 1000 ppm total halogens after mixing. The 1000 ppm limit is not a health-based characteristic, but rather is based on mixing data.
 
05/03/1989RECYCLING ACTIVITIESMemo
 Description: An owner of the solvent and the recycler are cogenerators of the residue that is generated from the mobile recycling unit. Generators are generally only required to notify once. If the recycler takes on generator responsibilities, he needs an EPA ID number for that particular site. The mobile recycler does not need a permit. Generators may accumulate waste for up to 90 days without interim status or a permit. A generator must comply with 265 Subparts I or J for accumulation units as well as emergency response and training provisions. Wastes residues from recycling are newly-generated wastes with a new point of generation and are allowed a 90 day accumulation period. Waste residues are derived-from wastes, and are assigned the same EPA ID number as the waste from which they are derived. Even if a facility does not have a permit, the owner must comply with the land disposal restrictions (LDR) requirements.
 
04/27/1989INTERNATIONAL TRANSPORT OF LAB SAMPLESMemo
 Description: Lab samples shipped from Canada are exempt from Subtitle C, including import requirements, per 261.4(d).
 
04/21/1989GENERATOR ACCUMULATION TIME REQUIREMENTSMemo
 Description: Hazardous waste is considered generated when it is first produced or first becomes subject to regulation, not when generator first analyzes waste. Failure to properly analyze, label, and accumulate waste does not exempt the waste from regulation. The generator accumulation time period and regulations apply as soon as waste is produced or when waste is removed from the satellite accumulation area.
 
04/19/1989GENERATOR TREATMENT OF F006 ELECTROPLATING SLUDGEMemo
 Description: Stabilizing F006 compounds prior to thermal drying is hazardous waste treatment. A permit is not needed if the unit is exempt under 270.1(c)(2) or if treatment occurs in generator accumulation units in compliance with 262.34. A permit is required if thermal treatment of hazardous waste is involved.
 
04/18/1989REQUEST FOR REGULATORY INTERPRETATION BY REACTION THERMAL SYSTEMS, INC. OF NAPA, CAMemo
 Description: If a waste does not match the listing descriptions, the generator is responsible for determining whether the waste exhibits any characteristic.
 
04/18/1989STILL BOTTOMS GENERATED AND REMOVED FROM A RECYCLING UNITMemo
 Description: Generators must determine their generator status based on the total amount of hazardous waste generated in a calendar month, including the amount of spent solvent generated before it is recycled (assuming solvent is subject to substantive regulation prior to entering recycling unit). The accumulation time for still bottoms produced in an on-site distillation unit begins when they are removed from the recycling unit. Still bottoms are subject to all applicable 262.34 regulations. The recycling unit is exempt from regulation. Spent solvent still bottoms removed from an exempt distillation unit carry the listing derived from the original listed solvent.
 
04/01/1989GENERATOR STANDARDS APPLICABLE TO TRANSPORTERSQuestion & Answer
 Description: Transporters who mix wastes of different DOT descriptions are not generators of waste. Instead, they assume generator responsibilities such as initiating a new manifest or amending an existing manifest. Previous manifests must be attached to the new manifest.
 
04/01/1989GENERATOR STANDARDS APPLICABLE TO TRANSPORTERSQuestion & Answer
 Description: Transporters who mix wastes are not eligible for the 262.34 accumulation time provision. Transporters may hold waste for ten days or less at a transfer facility without a permit.
 
03/31/1989SEDIMENT SAMPLE DISPOSALMemo
 Description: CESQGs may accumulate up to 1000 kg of hazardous waste on site without being subject to the federal hazardous waste regulations. Samples collected for the sole purpose of testing are not subject to the federal hazardous waste management regulations.
 
03/27/1989FLUE DUST AND METAL HYDROXIDE SLUDGE RECYCLING/RECLAMATIONMemo
 Description: Flue dust generated by an air pollution control device in a brass mill is a characteristic sludge. Metal hydroxide sludge generated in a wastewater treatment unit at a brass mill is a characteristic sludge. Characteristic sludges from air and water pollution control devices are not solid wastes from the point of generation forward if sludges are destined for reclamation in a manner not involving placement on land. A generator must document the claim that a sludge is excluded from the solid waste definition.
 
02/08/1989RESPONSES TO QUESTIONS RAISED BY THE COAST GUARD REGARDING THE APPLICABILITY OF RCRAMemo
 Description: All wastes from ships are potentially subject to RCRA Subtitle C. A ship is generator of waste.
 
11/02/1988PERMIT REQUIREMENTS RELATING TO ON-SITE TREATMENT AND WASTEWATER TREATMENT UNIT EXEMPTIONSMemo
 Description: The 262.34 accumulation unit permit exemption is not relevant to exempt wastewater treatment units (WWTUs) (SEE ALSO: RPC# 2/1/1995-01). For the WWTU exemption, wastewater is less than 1 percent total organic carbon (TOC) and less than 1 percent total suspended solids (TSS) (SUPERSEDED: see RPC# 2/11/1991-01). A generator in compliance with 262.34 is exempt from permitting for hazardous waste treatment or storage. Accumulation time begins at the moment the waste first enters the unit.
 
11/01/1988HOUSEHOLD HAZARDOUS WASTE -- COLLECTION PROGRAMS, CLARIFICATION OF ISSUESMemo
 Description: Household hazardous waste (HHW) collection programs are exempt. HHW mixed with CESQG waste is subject to 261.5. The exemption also covers dioxin-bearing HHW.
 
11/01/1988“SOFT HAMMER” CERTIFICATIONS/DEMONSTRATIONSQuestion & Answer
 Description: Both generators and treaters of first third “soft hammer” wastes are responsible for meeting the 268.8 demonstration and certification requirements for the shipment of treatment residue (ash) shipped from an incinerator.
 
10/27/1988HAZARDOUS WASTE TRAINING UNDER 40 CFR 262.34Memo
 Description: Contingency plans and personnel training not required for satellite accumulation areas.
 
10/27/1988TREATMENT RESIDUALS OF CHARACTERISTIC HAZARDOUS WASTE AS A LISTED HAZARDOUS WASTEMemo
 Description: A sludge is F006 once it precipitates from an electroplating wastewater, whether at generator site or at off-site TSDF. Discussion of the derived-from rule for characteristic waste and waste listed solely for characteristic (SUPERSEDED: See RPC# 7/5/89-01; SEE ALSO: 66 FR 27266; 5/16/01). A generator is not required to identify the source of nonhazardous wastewater, but the TSDF responsible for assigning F006 to sludges. For improper waste characterization, correct the error on the manifest or reject the shipment. The generator and TSDF are potentially liable.
 
10/11/1988CONTRACTORS AND GENERATOR RESPONSIBILTIESMemo
 Description: Waste produced at sea is subject to regulation as soon as it is produced unless it is in an exempt unit such as product or raw material storage tank, product or raw material tank vehicle or vessel, or manufacturing process unit (SEE ALSO: Federal Facility Compliance Act (FFCA) section 3022)). Under EPA's cogenerator policy, either Navy personnel or contractors meeting generator definition may perform Part 262 duties. A contractor may sign a manifest certification on behalf of a generator, such as the U.S. Navy, if properly authorized.
 
09/01/1988LAND DISPOSAL RESTRICTIONS - FIRST THIRDQuestion & Answer
 Description: Includes a historical description of the land disposal restrictions (LDR) requirements for generators of first third “soft hammer” wastes.
 
08/31/1988HAZARDOUS WASTE RECYCLERSMemo
 Description: A recycling facility where waste is directly off-loaded from vehicles into recycling equipment does not need a storage permit. Each facility must be evaluated on a case-by-case basis to determine if storage occurs. The arrival of waste at designated facility is the end of the transportation phase, therefore a designated facility (e.g., recycling facility) cannot be a transfer facility. A piece of property contiguous to a designated facility cannot be a transfer facility.
 
08/11/1988EXPLOSIVES PRESENTING AN IMMEDIATE SAFETY THREAT AND EXPLOSIVES STORED DURING ANALYSISMemo
 Description: The Bureau of Alcohol, Tobacco, and Firearms (BATF) transport of explosives to safe areas for destruction is exempt from RCRA Subtitle C requirements if it is an immediate response. Emergency permits are available for activities that do not constitute an immediate response. Immediate removal and destruction of explosive materials by law enforcement agencies may require an emergency RCRA Subtitle C permit. Emergency permits and provisional transporter ID numbers may be issued via telephone or in writing. Destruction of explosive wastes by open burning/open detonation is thermal treatment that must be conducted at a TSDF in compliance with Parts 264, 265, and 270. If destruction is conducted under a court order or the direction of U.S. Attorney's office, RCRA is not automatically waived (SEE ALSO: 62 FR 6622; 2/12/97). Explosive materials stored as legal evidence by the court or BATF become waste (i.e., is generated) when the court or BATF no longer has use for the explosives as evidence. Generators are defined both by person and by site. Each BATF field office or storage locker area where explosive material becomes a hazardous waste is an individual generation site requiring its own EPA ID number. Storage of waste explosives at BATF facilities is not subject to permitting if accumulation time does not exceed 90 days and other generator accumulation requirements are satisfied.
 
07/29/1988CEMENT KILN DUST WASTEMemo
 Description: Cement kiln dust (CKD) is not a hazardous waste (SEE ALSO: 60 FR 7366; 2/7/95). A mixture of exempt cement kiln dust with corrosive liquid (D002) will result in a nonhazardous waste if the mixture no longer exhibits any characteristic (SEE ALSO 261.3(d)(1)). Mixing is considered treatment. No permit is required for treatment performed in generator accumulation tanks subject to 262.34.
 
07/29/1988REGULATORY STATUS OF DRY CLEANERS WHO RECYCLE SPENT CARTRIDGE FILTERSMemo
 Description: A generator should only count hazardous waste that is subject to regulation. Spent dry-cleaning filters placed directly into a distillation unit without intervening storage are not counted.
 
07/21/1988CHLOROFLUOROCARBON RECYCLINGMemo
 Description: Used refrigerants meet the definition of a spent material. Used CFC refrigerant is not F-listed spent solvent but may exhibit a characteristic. Used refrigerant is not U121 or U075 because it has been used. The P-listings and U-listings do not apply to used chemicals. Cylinders containing used refrigerants to be reclaimed are solid waste (SW). Generators may use knowledge of similar operations at different facilities to characterize waste (SEE ALSO: 261.4(b)(12)). An owner of refrigeration equipment and a company or individual performing servicing may be generators of used refrigerant waste (i.e., cogenerators).
 
07/01/1988ELEMENTARY NEUTRALIZATION UNITSQuestion & Answer
 Description: Waste pumped to an elementary neutralization unit (ENU) which is not treated for two months is not counted towards generator status. Waste is not subject to substantive regulation as long as it remains in an ENU.
 
07/01/1988WASTEWATER TREATMENT UNIT/GENERATOR ACCUMULATION TANKQuestion & Answer
 Description: Wastewater treatment units (WWTUs) must be dedicated for use with an on-site wastewater treatment facility. Tanks occasionally or routinely used to store or treat wastewaters before off-site transfers are not WWTUs.
 
06/06/1988SECONDARY MATERIALS REGULATION - USED SULFURIC ACIDMemo
 Description: The 261.4(a)(7) exemption only applies to sulfuric acid used in production of virgin sulfuric acid. Generators of sulfuric acid must have adequate documentation to support any exemption claims. The regulatory status of spent sulfuric acid depends on how it is recycled. Used sulfuric acid produced by sulfonation, alkylation, and dehydration reactions may be regulated as a by-product or co-product. Materials used as ingredients for product fuels or fertilizers are still solid wastes.
 
06/02/1988DISCARDED CLASS C EXPLOSIVESMemo
 Description: Only class C explosives designated as off-specification small arms ball ammunition (=.50 caliber) are not reactive (D003). Any other class C explosives, including small arms non-ball ammunition, may be hazardous waste. The generator is responsible for characterization.
 
05/19/1988DISCARDED COMMERCIAL CHEMICAL PRODUCTSMemo
 Description: The P- and U-lists apply to commercial and technical grades of a product, and to formulations in which chemical is sole active ingredient. Sole active ingredient means the only chemically active component for the function of the product. If a waste is not listed, the generator must test or apply knowledge to determine if waste exhibits a characteristic.
 
05/01/1988LAND DISPOSAL RESTRICTIONS - MANIFEST REQUIREMENTSQuestion & Answer
 Description: The manifest number information that is required in the land disposal restrictions (LDR) notification provisions is not necessary for those waste shipments which are not required to have manifests (SEE ALSO: 268.7(a)(10)).
 
04/21/1988DISTILLATION OR FRACTIONATION COLUMN BOTTOMS FROM THE PRODUCTION OF CHLOROBENZENEMemo
 Description: Persons may petition EPA to add new types of units to the industrial furnace definition. Distillation or fractionation column bottoms from the production of chlorobenzene (K085) are by-products. Discussion of by-product versus co-product. Bottoms that must be further processed before use are not co-products. EPA intends to designate all materials introduced into halogen acid furnaces (HAFs) as inherently waste-like. A chlorinated by-product reused as ingredient in chlorinated feedstocks and muriatic acid is not a solid waste (SW) if no burning, reclamation, disposal, or speculative accumulation is involved (SUPERSEDED: see 56 FR 7134; 2/21/91). A generator must be able to provide supporting documentation for exempt wastes. If a material is a SW depends on the disposition, or intended disposition, of the material. Discussion of the regulatory status of a gas-fired thermal oxidizer. Discussion of the status of an oxidation reactor burning chlorinated benzene process streams in titanium dioxide production depends on if material is burned for energy recovery or as ingredient in industrial product (SUPERSEDED: see Part 266, Subpart H). Burning waste in an incinerator is destruction subject to incinerator standards.
 
04/20/1988GENERATOR COUNTING REQUIREMENT FOR SOLVENT STILLSMemo
 Description: If a generator reclaims hazardous waste spent solvent but does not store it prior to reclamation, only still bottoms are counted toward the generator category determination. If a generator stores a spent solvent before reclamation, the spent solvent is counted, but still bottoms are not.
 
04/05/1988TESTING REQUIREMENTS AND SOLIDIFICATION ISSUES UNDER LAND DISPOSAL REQUIREMENTSMemo
 Description: The regulations do not require a specified frequency of testing for TSDFs or on-site disposal facilities. Generators must follow the waste analysis plan. Solidification may be considered dilution if the hazardous constituents are not immobilized. Performance based treatment standards may be met using any technology.
 
04/01/1988HAZARDOUS WASTE I.D.Question & Answer
 Description: Groundwater contaminated with F001-F005 solvents is subject to Subtitle C because it contains a listed waste per the contained-in policy. If the groundwater is treated such that it no longer contains a hazardous waste, or the solvents in the groundwater are delisted, it is no longer subject to Subtitle C (SEE ALSO: 61 FR 18779; 4/29/96; 66 FR 27266; 5/16/01).
 
03/24/1988REGULATORY STATUS OF ECOSCINT A AND ECOSCINT OMemo
 Description: Liquid scintillation cocktails Ecoscint A and O are not listed, EP (extraction procedure) toxic (SUPERSEDED: See 261.24) or ignitable (D001), but data provided are not sufficient to make corrosivity (D002) or reactivity (D003) determination (SEE ALSO: RPC# 3/1/89-04). The generator is responsible for the hazardous waste determination.
 
02/25/1988ATON BATTERIES, GENERATOR DEFINITION FORMemo
 Description: A generator site may include each vessel where waste is generated. If a buoy is brought onto a ship to remove an ATON battery, the ship is the generation site rather than the buoy. A ship accumulates spent batteries per 262.34. A shore facility accepting spent batteries may qualify as a transfer facility (SEE ALSO: Federal Facility Compliance Act (FFCA) section 3022 and Part 273).
 
02/22/1988LETTER TO STATE ENVIRONMENTAL COMMISSIONERS: SUBTITLE D STATE SOLID WASTE MANAGEMENT PLANSMemo
 Description: RCRA 4005(c)(1) requires states to develop and implement permit programs for facilities that manage hazardous waste from CESQGs and households. EPA requests states to review and update municipal solid waste (MSW) management plans.
 
02/22/1988WASTES CONTAINING F001-F005 CONSTITUENTSMemo
 Description: A mixture with hazardous waste (HW) that is listed solely for a characteristic is not HW if the mixture is not characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). A mixture of F001, D001 carries all applicable codes. A listed solvent constituent in a wastestream does not automatically render a waste HW. It is HW only if it meets the F001-F005 descriptions. If it is HW, it is subject to the land disposal restrictions (LDR). If a transporter mixes wastes of different DOT shipping descriptions, the transporter becomes the generator of new waste.
 
02/10/1988RESIDUALS GENERATED BY PROCESS FOR SEWAGE SLUDGE TREATMENTMemo
 Description: The generator of residuals from treating sewage sludge must determine if the residuals are characteristic hazardous waste. The determination can be made by testing or by applying knowledge of the materials and processes. EPA does not endorse or support specific processes.
 
02/01/1988IDENTIFICATION NUMBERSQuestion & Answer
 Description: The definition of generator is keyed to both person and site. Where different persons conduct different regulated activities at one site, each person must apply for separate EPA ID number. The region or state implementing agency may assign the same number to both entities.
 
02/01/1988USED OIL MARKETERQuestion & Answer
 Description: A used oil generator sending used oil to a sister corporation to be burned is a marketer. An exchange of funds is not necessary to be a marketer (See Also: Part 279).
 
01/20/1988MIXED SOLVENT WASTESMemo
 Description: U-listed product residuals flushed from the product line and mixed together results in a waste with multiple U listings. If the CCPs are intended for reclamation, they are not solid wastes. Discusses the use of a manifest continuation sheet v. more than one manifest for multiple waste shipments.
 
01/13/1988SATELLITE ACCUMULATION AREA REGULATIONSMemo
 Description: Satellite accumulation areas are not subject to permitting, interim status, or the requirements for generator storage under 262.34(a).
 
01/01/1988“LAB PACKS” AT GENERATOR SITESQuestion & Answer
 Description: A service company may act on behalf of a generator and re-package waste into larger containers (lab packs) with absorbents without a permit. Generators may treat in accumulation tanks or containers provided the treatment is not thermal treatment or incineration. The addition of absorbents to waste is exempt from permitting.
 
12/15/1987ON-SITE TREATMENT EXEMPTION, REINTERPRETATION OFMemo
 Description: Generators accumulating hazardous waste are exempt from permitting whether or not they are treating the waste. Thermal treatment (open burning/open detonation) is not exempt (SEE: Part 265, Subpart P).
 
12/10/1987EXEMPTION FOR WASTEWATER DISCHARGES AND GENERATOR ACCUMULATION PROVISIONSMemo
 Description: EPA does not have groundwater discharge guidelines, but facilities are subject to regulations that are designed to prevent releases to groundwater. EPA has corrective action and enforcement authority to respond when releases do occur (3004(u), 3008(a), 3008(h) and 7003). Hazardous wastewaters are subject to RCRA prior to industrial point source CWA discharge, including the land disposal restrictions (LDR).
 
12/10/1987LAND DISPOSAL OF SOLVENTSMemo
 Description: EPA does not have groundwater discharge guidelines, but facilities are subject to regulations that are designed to prevent releases to groundwater. EPA has corrective action and enforcement authority to respond when releases do occur (3004(u), 3008(a), 3008(h) and 7003). Hazardous wastewaters are subject to RCRA prior to industrial point source CWA discharge, including the land disposal restrictions (LDR).
 
12/09/1987CLARIFICATION OF SMALL QUANTITY GENERATOR REGULATIONSMemo
 Description: Generators who treat or reclaim solvent waste on site do not need to count distillation bottoms if the original waste has already been counted once. CESQGs may treat, store, or dispose waste on site or off site if they meet 261.5(g)(3). Recycling facilities may accept CESQG waste.
 
11/20/1987LEAD-BASED PAINT RESIDUES AND CONTAMINATED SOILSMemo
 Description: Paint wastes are exempt household hazardous wastes (HHW) if they are generated by homeowners and not by contractors (SUPERSEDED: RPC# 3/1/90-06). HHW from federal agencies is not HHW. Certain material and soil contaminated with weathering lead based paint is characteristic for lead. If characteristic soil is actively managed, it is a hazardous waste. Discusses lead paint remediation methods (SEE ALSO: RPC# 3/7/95-01). A property owner is normally not required to characterize soil left on site. Addresses factors in determining if soil removal is required. On-site soil treatment needs a permit unless the generator is exempt (SEE ALSO: 61 FR 18779; 4/29/96).
 
11/17/1987LABELING OF STEEL DRUMS NEED NOT INCLUDE PREVIOUS CONTENTSMemo
 Description: There is no requirement to list a drum's previous contents. Generators must only comply with DOT packaging, labeling, marking, and placarding requirements.
 
11/03/1987MANIFEST DOCUMENT NUMBERSMemo
 Description: Manifest document numbers are unique five digit numbers assigned to the manifest by the generator. The number may be entirely numeric or alphanumeric.
 
10/28/1987COMPLIANCE WITH CALIFORNIA LIST FINAL RULEMemo
 Description: Generators managing restricted waste must send the land disposal restrictions (LDR) notification to the treatment facility (SEE ALSO: See 62 FR 25997; 5/12/97). The notification must include the appropriate treatment standard and the California list prohibitions (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97). The notification information may be placed on the manifest.
 
10/28/1987NOTIFICATION REQUIREMENT WHEN SHIPPING RESTRICTED WASTES TO A STORAGE FACILITYMemo
 Description: Generators must determine if their waste is subject to the land disposal restrictions (LDR) at the point of generation through analysis or knowledge of the waste. Facilities are required to send LDR notification with each waste sent to an off-site storage facility (SUPERSEDED: 62 FR 25997; 5/12/97).
 
10/01/1987EXPORT OF RESTRICTED WASTEQuestion & Answer
 Description: Generators must send land disposal restrictions (LDR) notification and/or certification with each shipment of waste even if the waste is to be exported (SUPERSEDED: See 62 FR 25997; 5/12/97). The waste analysis, recordkeeping, and notification requirements apply when the generator handles restricted wastes, regardless of whether the waste will be land disposed.
 
10/01/1987MANIFESTING REQUIREMENTSQuestion & Answer
 Description: Transporters distributing or splitting waste from a bulk storage tank into several loads at a transfer facility, for delivery by different transporters, would need to ensure that the generator prepared separate manifests noting the total amount of waste and that the waste will be split among the different transporters (SEE ALSO: RPC#8/7/98-02).
 
09/04/1987RESTRICTED WASTE DEFINITIONMemo
 Description: A restricted waste is subject to the land disposal restrictions (LDR) even if accompanied by a delayed effective date. The initial generator must determine if the waste is restricted. If a facility treats waste to meet the treatment standard or if the waste meets the treatment standard upon generation, certification may be required.
 
09/02/1987ACCUMULATION TIME FOR ACUTE AND NON-ACUTE HAZARDOUS WASTESMemo
 Description: Acute hazardous wastes should be counted and managed separately from non-acute hazardous wastes. There can be different accumulation times for acute and non-acute hazardous wastes at the same generator facility.
 
09/01/1987LAND DISPOSAL RESTRICTIONS - CALIFORNIA LISTQuestion & Answer
 Description: An off-site shipment of a California list hazardous waste must be accompanied by a manifest, even if the waste code which makes it hazardous is not restricted (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97). Sludges which result from the treatment of restricted characteristic wastewaters and are destined for reclamation are not subject to the land disposal restrictions (LDR) because they are not solid wastes (SUPERSEDED: see 58 FR 29860; 5/24/93) (SEE ALSO: 60 FR 43654; 8/22/95).
 
08/31/1987MIXING LOW AND HIGH BTU WASTES - SHAM BURNING, BLENDING, MANIFESTINGMemo
 Description: Sham burning (less that 5000 Btu/lb heating value) determination is site-specific. Blending high and low Btu value waste may not render subsequent burning sham (SUPERSEDED: see 11/8/94-01; 266.100). A listed waste treatment residue retains the listing. EPA waste codes are not required on the manifest by EPA, but States or DOT may require them (SEE ALSO: RPC# 11/17/89-01).
 
08/31/1987MIXTURES OF WASTES AND LEGITIMATE BURNING FOR ENERGY RECOVERYMemo
 Description: A sham recycling of waste by burning (less than 5000 Btu heating value) determination is site-specific. The blending of high and low Btu value waste may not render subsequent burning a sham (SUPERSEDED: RPC# 11/8/94-01; 266.100). A listed waste treatment residue retains its listing. EPA waste codes are not required on the manifest by EPA, but states or DOT may require them (SEE ALSO: RPC# 11/17/89-02).
 
08/28/1987TOTALLY ENCLOSED TREATMENT EXEMPTION AND ACCUMULATION PROVISIONS APPLICABILITY TO AN ASH TREATMENT FACILITYMemo
 Description: A unit treating ash from an incinerator is not a totally enclosed treatment unit (TETU) since the incinerator is not an industrial process, the ash unit is not connected to an industrial process, and the incinerator releases constituents into the air. Treatment in a generator accumulation unit is exempt from permitting (SEE ALSO: RPC# 12/15/87-03).
 
08/19/1987MIXTURES OF LISTED AND CHARACTERISTIC WASTESMemo
 Description: Combining different hazardous waste in the same tank truck for transport is not regulated as hazardous waste treatment. The optional boxes on the manifest that are left blank are for use by states. EPA does not require waste codes on the manifest. Each waste in a waste mixture must be described on the manifest (currently under EPA review).
 
08/19/1987SCINTILLATION COCKTAIL, REGULATION OF LIQUIDMemo
 Description: The liquid scintillation cocktail, Scintiverse BD, is not a listed hazardous waste, but might exhibit a characteristic (SEE ALSO: RPC# 3/1/89-04). Each generator is responsible for making a hazardous waste determination per 262.11.
 
08/19/1987SCINTILLATION COCKTAIL, REGULATION OF LIQUIDMemo
 Description: The liquid scintillation solution, Ready Safe, is not a listed hazardous waste (SEE ALSO: RPC# 3/1/89-04). It may exhibit a characteristic. Each generator is responsible for making a hazardous waste determination.
 
08/12/1987EXTENSION TO GENERATOR ACCUMULATION TIME LIMITS FOR UNFORESEEN, TEMPORARY CIRCUMSTANCESMemo
 Description: Generators may accumulate hazardous waste on site for 90 days or less without a permit. Generators may obtain a 30 day extension if the waste remains on site due to unforeseen, temporary, and uncontrollable circumstances. An authorized state may grant an extension without consulting EPA.
 
08/10/1987LAND DISPOSAL PROHIBITION RULE FOR SOLVENTSMemo
 Description: Only the initial generator can determine that a waste with less than 1% F001-F005 solvents is subject to a national capacity variance. Treatment facilities must treat residues to meet the applicable treatment standard and must complete land disposal restrictions (LDR) notification. The generator, not the treater, must determine if the waste is prohibited. The treater can apply for a case-by-case extension.
 
08/01/1987DEFINITION OF SOLID WASTE AND RECLAMATIONQuestion & Answer
 Description: A commercial chemical product (CCP) that has exceeded its shelf-life can be shipped back to the manufacturer for possible reclamation without a manifest (reverse distribution). An unused chemical remains a CCP (not solid waste) until such time that the manufacturer discards or intends to discard the CCP.
 
08/01/1987DOT MANIFEST REQUIREMENTSQuestion & Answer
 Description: DOT requires hazardous waste generators to include waste codes and waste descriptions on hazardous waste manifests. Provides a summary of the DOT manifest regulations found under 49 CFR Parts 171 and 172.
 
08/01/1987EXPORTING HAZARDOUS WASTEMemo
 Description: Uncracked lead-acid batteries sent to Canada for recycling are not subject to the export requirements (3017) because they are not subject to manifesting. (SUPERSEDED: See 266.80(a)(6)-(7), 273.20, 273.40, 273.56)
 
07/30/1987AIDS TO NAVIGATION (ATON) BATTERIES AND RCRA REQUIREMENTSMemo
 Description: Each ATON unit service area (landbased or tender vehicle) is a point of generation (ships as generators) that is subject to the applicable generator standards (SEE ALSO: Federal Facility Compliance Act (FFCA) section 3022)). Aids to navigation batteries (ATON) that are removed from service must be manifested. The location where the battery is removed from service is a waste generation site. Batteries may be held for up to 10 days at a transfer facility (SEE ALSO: Part 273). The entire aid to navigation (ATON) battery is counted in weight calculations. Each ATON unit service area (landbased or tender vehicle) is a point of generation that is subject to the applicable generator standards. The satellite accumulation area provisions do not apply to ATON service locations (SEE ALSO: Part 273).
 
07/21/1987SOURCE REDUCTIONMemo
 Description: EPA’s strategy favors source reduction, waste minimization, and recycling over treatment and land disposal. Includes four reasons why source reduction is preferable to treatment. Not all wastes can be eliminated by source reduction.
 
07/16/1987NON-APPLICABILITY OF THE LESS-THAN-1% EXTENSION TO TREATMENT RESIDUALSMemo
 Description: A national capacity variance for wastes containing less than 1% total solvent constituents does not apply to residuals from the recovery of a restricted waste, but rather to the initial generator of waste before treatment. Treatment residues must meet the applicable land disposal restrictions (LDR) treatment standards.
 
07/14/1987GENERATOR RECYCLING HAZARDOUS WASTE ON-SITEMemo
 Description: EPA does not regulate the actual reclamation process. A generator performing distillation would not need to comply with other requirements. A generator complying with 262.34 can treat in an accumulation unit without a permit or interim status. Treatment equipment marketing is not regulated.
 
07/01/1987ON-SITE TREATMENT BY GENERATORS UNDER 262.34Memo
 Description: Generators can treat in accumulation tanks or containers without a permit provided the treatment occurs in units complying with Subparts I or J of 265. Open burning in drums or tanks is not allowed under 262.34. Subparts I and J limit the type of treatment that can occur. Burning in open drums is not allowed because open burning (defined in 260.10) is a method of disposal. Open burning (thermal treatment) of waste, except for explosives, is prohibited under 265.382.
 
06/29/1987STATE AUTHORIZATION AND REGULATION OF RADIOACTIVE MIXED WASTESMemo
 Description: Radioactive mixed waste is not regulated under RCRA in an authorized state until the state receives authorization. States can regulate mixed waste under state law. There are no inconsistencies between the Nuclear Regulatory Commission and EPA generator storage requirements (SEE ALSO: 64 FR 63464; 11/19/99).
 
06/29/1987WASTES GENERATED IN MANUFACTURING PROCESS UNIT NOT SUBJECT TO LAND DISPOSAL RESTRICTIONS UNTIL REMOVEDMemo
 Description: Wastes generated in a manufacturing process unit are not subject to the land disposal restrictions (LDR) until the waste exits the manufacturing process. The initial generator should determine if the waste is eligible for a national capacity variance.
 
06/26/1987SLUDGE CONTAINING 1,1,1-TRICHLOROETHANE (TCE)Memo
 Description: Solvent wastes placed in storage or land disposed prior to the effective date of the land disposal restrictions (LDR) become subject to LDR when they are removed from storage or taken out of the land, unless they are subject to a variance or meet the applicable treatment standard.
 
06/19/1987EXPORT REQUIREMENTS FOR SPENT BATTERIES SENT TO FOREIGN COUNTRIES FOR RECYCLINGMemo
 Description: RCRA 3017 prohibits the export of hazardous waste without prior notification to EPA. Spent batteries sent to a foreign country for recycling are exempt from the export requirements if the batteries are uncracked. Notification and consent can cover a period of up to 12 months. A 60-day waiting period for approval to export applies only to the first shipment. Bilateral agreements can take priority over a written consent requirement. (SUPERSEDED: See 266.80(a)(6)-(7), 273.20, 273.40, and 273.56)
 
06/15/1987EXPORTERS OF HAZARDOUS WASTE TO MEXICO, RESPONSIBILITIES OFMemo
 Description: The export of hazardous waste is prohibited unless the 262 Subpart E requirements are met. The U.S. and Mexico have bilateral agreements. The legal liability for hazardous waste does not end when the waste exits the U.S. Exported wastes must be manifested and handled in accordance with the receiving country’s terms of consent.
 
06/12/1987WASTE ANALYSIS REQUIREMENTS IN INCOMING WASTE SHIPMENTS - LDRMemo
 Description: Land disposal facilities do not have to test each shipment of incoming waste for the land disposal restrictions (LDR). A facility’s waste analysis plan must specify procedures for testing and inspections. A disposal facility must obtain a detailed analysis of waste constituents from the generator or treater and should update it annually.
 
06/01/1987WASTE MINIMIZATION REQUIREMENTSQuestion & Answer
 Description: Includes a summary of the basis for the 3002 waste minimization and its requirements. Addresses the definition of waste minimization.
 
05/29/1987TANK SYSTEM DESIGN-SECONDARY CONTAINMENTMemo
 Description: A new tank system and its components must have secondary containment, be compatible with the waste, protect against corrosion, and withstand vehicular overhead stress. A tank system must be installed properly and tested for tightness before it is put into service.
 
05/18/1987CARBON SCRUBBER WASTES IN WHICH PRODUCT MATERIALS ARE CAPTUREDMemo
 Description: EPA regulates listed waste contained-in another material, such as spent carbon scrubbers (SEE ALSO: 66 FR 27266; 5/16/01). Unused Phorate pesticide that is volatilized into the air during production and captured in carbon filters is P094 (USE WITH CAUTION: see 56 FR 7200; 2/21/91). If Phorate is reclaimed or reused rather than destroyed, it is not a solid waste.
 
05/18/1987SPENT CARBON REGULATIONMemo
 Description: EPA regulates listed waste contained-in another material, such as spent carbon scrubbers (SEE ALSO: 66 FR 27266; 5/16/01). Unused Phorate pesticide that is volatilized into the air during production and captured in carbon filters is P094 (USE WITH CAUTION: see 56 FR 7200; 2/21/91). If Phorate is reclaimed or reused rather than destroyed, it is not a solid waste.
 
05/01/1987DEFINITION OF SOLID WASTEQuestion & Answer
 Description: Waste sodium hydroxide (NaOH) that is used as a substitute for a commercial product in a tank clean-out is not a solid waste if it would function as a product in normal commercial use, unless it is speculatively accumulated. A generator may increase the effectiveness of a “product” by adding additional NaOH.
 
05/01/1987EVAPORATOR USED TO REMOVE WATER FROM HAZARDOUS WASTEMemo
 Description: Evaporation meets the definition of treatment. Since an evaporator could release solid or hazardous constituents or water vapor into the air, the unit is not a totally enclosed treatment unit (TETU). An evaporator meets the definition of a thermal treatment unit, and if it meets the definition of a tank, generator treatment in the accumulation unit is exempt from permitting (SUPERSEDED, no thermal treatment in generator units: see RPC# 10/17/94-01).
 
04/30/1987UNIFORM MANIFEST FORM, USE OF CONTINUATION SHEETMemo
 Description: The manifest instructions require generators to use continuation sheets when more than two transporters are used or if more space is needed for DOT description information. States may require the use of additional manifests rather than continuation sheets.
 
04/15/1987SMALL QUANITITY GENERATOR INTERPRETATIONSMemo
 Description: A generator must count still the bottoms if the solvent is directly recycled without any storage. Recycled solvents are only counted once.
 
04/02/1987RELEASES OF HAZARDOUS WASTE, RCRA APPLICABILITY TOMemo
 Description: Releases of hazardous wastes by generators may be addressed under 7003 corrective action authority (SEE ALSO: RPC# 8/1/86-04). 3004(u) applies only to facilities seeking or in the process of obtaining a permit. Once a facility has been denied a permit, it no longer has interim status, but 3008(h) still applies.
 
04/01/1987MULTIPLE GENERATOR LOCATION AND CONSOLIDATION (CURRENTLY UNDER REVIEW BY EPA HQ)Question & Answer
 Description: CESQGs must ensure the delivery of waste to one of five types of facilities listed in 261.5(g)(3)(i)-(v) (SUPERSEDED: 261.5 now allows delivery to seven types of facilities). A company may consolidate waste from multiple CESQGs as a transfer facility. CESQG waste that is not sent to a facility specified in 261.5(g)(3)(i)-(v) no longer qualifies for the conditional exemption (SEE ALSO: 61 FR 34252; 7/1/96, 60 FR 25492; 5/11/95) (Currently under EPA review).
 
04/01/1987WASTE DERIVED FROM TREATING EXEMPT OR EXCLUDED WASTESQuestion & Answer
 Description: Ash derived from burning CESQG waste is not exempt from hazardous waste regulation. Ash from burning household waste remains exempt (SUPERSEDED: See RPC#10/1/94-02). Ash from burning arsenical-treated wood is subject to regulation if it is characteristic. CESQG waste is hazardous waste, but is exempt from regulation.
 
03/26/1987DECISION NOT TO REQUIRE NOTIFICATION FROM GENERATORS WHO BURN SPECIFICATION USED OIL ON-SITEMemo
 Description: Used oil generators who also burn on-specification used oil on site do not need to notify (SEE ALSO: RPC# 1/20/87-03) (SUPERSEDED: see 279.70).
 
03/25/1987PESTICIDE DISPOSAL BY FARMERS AND CONTAINER MANAGEMENTMemo
 Description: Farmer can dispose of rinsate from containers of 2, 4-D pesticide at their own farm if they comply with 262.51 (SUPERSEDED: now 262.70). If farmers render a container empty, they can ship the container without a manifest .
 
03/25/1987TREATMENT OF HAZARDOUS WASTE IN GENERATOR'S ACCUMULATION TANKSMemo
 Description: A generator meeting the requirements of 262.34 does not need to obtain a RCRA Subtitle C permit in order to conduct treatment in tank systems.
 
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).
 
03/11/1987SCINTILLATION COUNTING COCKTAILMemo
 Description: The liquid scintillation cocktail, Bio-Safe II, does not appear to be a hazardous waste, provided that it is not reactive (D003) or corrosive (D002), since it is not ignitable (D001) and does not exhibit the toxicity characteristic (D018-D043). Neither scintillation cocktails, nor lab wastes in general, are listed (SEE ALSO: RPC# 3/1/89-04). Hazardous waste identification is the generator's responsibility.
 
03/10/1987DISPOSAL FACILITY REQUIREMENTS FOR LAND DISPOSAL RESTRICTIONS CERTIFICATIONMemo
 Description: Generators must send land disposal restrictions (LDR) notification with each shipment for wastes with restricted constituents (SUPERSEDED: See 62 FR 25997; 5/12/97). If the waste can be disposed without treatment, generator certification is necessary. Disposal facilities must verify that restricted wastes meet treatment standards.
 
03/10/1987SOLVENT-CONTAINING WASTE SOLIDIFIED WITH VERMICULITEMemo
 Description: EPA cannot grant extensions to the effective date of land disposal restrictions (LDR) to generators that need time to find treatment capacity for restricted wastes or if treatment is costly. If adequate treatment capacity does not exist, the generator may apply for a case-by-case extension.
 
03/04/1987FOUNDRY SANDS RECYCLED AND RETURNED TO THE FOUNDRYMemo
 Description: Foundry sands that are accumulated for 90 days or less in tanks or containers prior to recycling are subject to 262.34. A storage permit is required if the foundry sands are stored on site for greater than 90 days.
 
03/03/1987REGULATORY STATUS OF PRODUCTS ECOLISTE AND ECOLUMEMemo
 Description: While scintillation cocktail products EcoLite and EcoLume are not listed hazardous waste and do not appear to be characteristic, the generator is responsible for the determination (SEE ALSO: RPC# 3/1/89-04). Radioactive materials are not specifically listed or characteristic.
 
03/01/1987GENERATION AND RECYCLINGQuestion & Answer
 Description: Recycling is a form of treatment. Recycling residues (still bottoms) are eligible for 262.34, including satellite accumulation. Still bottoms are not counted toward monthly generator determination if the spent solvents were already counted. The treatment activity is another distinct point of generation.
 
03/01/1987SOLVENT MIXTURE RULEQuestion & Answer
 Description: Discusses the applicability of the solvent mixture rule to F003. Wastes that meet both the F003 and F005 listings must receive both waste codes on the manifest and on generator notification. A technical or commercial grade xylene solution meets the F003 listing.
 
02/24/1987WASTEWATER TREATMENT UNITS ARE NOT DESIGNATED FACILITIES AND MAY NOT RECEIVE OFF-SITE HAZARDOUS WASTESMemo
 Description: A facility with an exempt wastewater treatment unit (WWTU) is usually not a designated facility and cannot accept manifested off-site waste. A POTW with a permit-by-rule is a designated facility. A designated facility is facility permitted, interim status, or a recycler (SUPERSEDED: See RPC# 3/26/98-01).
 
02/19/1987REPROCESSING OF BATTERIESMemo
 Description: Waste destined for recycling has the same potential for harm as waste destined for treatment or disposal. Only persons who reclaim lead-acid batteries are subject to regulation for storage prior to recycling (SEE ALSO: Part 273). RCRA 3017 mandated export regulations unless the Administrator is notified, the receiving country has consented, a copy of the consent is attached to the manifest, and the shipment conforms to the consent.
 
02/12/1987BATTERY RECYCLING AND EXPORTMemo
 Description: Waste destined for recycling has the same potential for harm as waste destined for treatment or disposal. Only persons who reclaim lead-acid batteries are subject to regulation for storage prior to recycling (SEE ALSO: Part 273). RCRA 3017 mandated export regulations unless the Administrator is notified, the receiving country has consented, the copy of consent is attached to the manifest, and the shipment conforms to the consent. EPA expects that exporters will not typically exceed the 90 day generator time limit.
 
02/11/1987SATELLITE ACCUMULATION AREA AND REGULATIONSMemo
 Description: A generator may accumulate up to 55 gallons of hazardous waste, or one quart of acutely hazardous waste, at a satellite accumulation area. EPA believes that only one waste would normally be accumulated at each area. There is no limit to the number of satellite areas at a generator site. A container in a satellite area does not have to be a specific size. There is no limit on the number of containers at a satellite area.
 
02/05/1987RAPID ISSUANCE OF IDENTIFICATION NUMBERS TO SITES UNDER INVESTIGATION BY DEAMemo
 Description: EPA will issue provisional identification numbers by telephone to Drug Enforcement Administration (DEA) agents that are shipping hazardous waste from clandestine laboratories secured by DEA.
 
02/01/1987APPEALING A PETITION DENIALQuestion & Answer
 Description: A generator can appeal a delisting petition denial to EPA or in the U.S. Court of Appeals for the District of Columbia Circuit (7006(a)(1)).
 
02/01/1987LAND DISPOSAL RESTRICTIONSQuestion & Answer
 Description: The one-year storage prohibition period for a generator with interim status for storage begins on the date when waste is first placed in the tank or container. An owner/operator bears the burden of proof for storing waste longer than one year. Wastes initially accumulated prior to the land disposal restrictions (LDR) are not subject to storage prohibitions.
 
02/01/1987SMALL QUANTITY GENERATOR DETERMINATIONQuestion & Answer
 Description: A recycler who receives spent F005 solvents from off site must count both the still bottoms from solvent reclamation and the reclaimed solvent that is burned for energy recovery toward the monthly quantity determination. Reclaimed solvent used for solvent properties is not counted because it is beneficially reused.
 
01/20/1987BULK LIQUID HAZARDOUS WASTE SOLIDIFICATION REQUIREMENTSMemo
 Description: Provides guidance on determining an adequate binding level for chemically stabilizing bulk liquid waste. An owner or operator of a landfill is responsible for meeting the bulk liquid provisions (3004(c)(1)). A generator or client of a landfill is not responsible (SEE ALSO: RPC# 11/17/93-02).
 
01/20/1987VOLUNTARY TREATMENT PRIOR TO LAND DISPOSALMemo
 Description: If residue from a waste treated voluntarily during a national capacity variance does not meet specifications of the waste subject to the national capacity variance, the residues must meet their treatment standard or the generator can submit a no-migration petition or apply for a treatability variance.
 
01/14/1987LITHIUM BATTERIESMemo
 Description: Generators must determine if a lithium battery (lithium thionyl chloride (SOCL2)) exhibits a characteristic.
 
01/07/1987DEMILITARIZATION OF MUNITIONSMemo
 Description: Addresses EPA comments on the draft DOD Instruction on the Applicability of RCRA to demilitarization of munitions. “Leakers” are not normally amenable to further use. Hazardous waste munitions that are commingled with other munitions are subject to regulation, including the use of a manifest (SEE ALSO: 62 FR 6622; 2/12/97).
 
01/06/1987SILVER RECOVERY IN THE PHOTOGRAPHIC INDUSTRY, CHEMICAL RECOVERY CARTRIDGES FORMemo
 Description: Properly washed photographic silver recovery units (e.g., steel wool cartridges, electrolytic recovery cells, ion exchange resins) are not hazardous waste if they are not characteristic. Residues from recovery units that treat wastewater are sludges and are not solid wastes when reclaimed (SEE ALSO: Part 266, Subpart F).
 
01/01/1987LAND DISPOSAL RESTRICTION, DIOXINS, AND 90-DAY ACCUMULATIONQuestion & Answer
 Description: Generators cannot apply for interim status and cannot store restricted waste for greater than 90 days if the waste received a national capacity variance (SUPERSEDED: see current 268.50).
 
01/01/1987SPENT LEAD-ACID BATTERIESQuestion & Answer
 Description: A person who drains spent acid from battery shells is subject to the generator provisions if the acid exhibits a characteristic. Because the act of draining batteries is not part of the reclamation process, a person who drains but does not crack batteries is not subject to 266.80(b) (SEE ALSO: Part 273).
 
12/22/1986GENERATOR TREATMENT IN ACCUMULATION TANKS AND CONTAINERSMemo
 Description: Generators can treat hazardous waste in accumulation tanks or containers without a permit, provided treatment performed strictly in accordance with 262.34.
 
12/22/1986TREATMENT OF HAZARDOUS WASTE IN A GENERATOR'S ACCUMULATION TANKS AND CONTAINERSMemo
 Description: Generators can treat hazardous waste in accumulation tanks or containers without a permit, provided treatment is performed strictly in accordance with 262.34.
 
12/15/1986DRY TOLUENE AND CARBON TETRACHLORIDE, SAFE DISPOSAL OFMemo
 Description: “Dry” toluene and carbon tetrachloride could be mobilized by other liquids in a landfill when disposed as regular trash .
 
12/11/1986DRY CLEANING CARTRIDGE FILTERS, DISPOSAL OFMemo
 Description: Valclene or trichlorotrifluoroethane that is used in dry cleaning operations is F002. SQGs generating certain spent solvents qualify for a two-year national capacity variance until 11/8/88. CESQGs are not subject to land disposal restrictions (LDR).
 
12/05/1986TREATMENT IN ACCUMULATION TANKS AND CONTAINERS ALLOWED FOR ALL GENERATORS SUBJECT TO 262.34Memo
 Description: All generators accumulating waste in compliance with 262.34 may treat waste in on-site tanks and containers.
 
12/02/1986SOLVENT RECLAMATION OPERATIONS AT SEMICONDUCTOR FIRMS AND APPLICABLE REGULATIONSMemo
 Description: Spent solvent reclamation at a generator facility is exempt treatment. The spent solvent is subject to regulation prior to reclamation. Generators managing spent solvents under 262.34 prior to reclamation are not subject to permitting.
 
12/01/1986LAND DISPOSAL RESTRICTIONS - LAND DISPOSAL DEFINITION, LAB PACKS, CONDITIONALLY EXEMPT SQG WASTE, EMPTY CONTAINERSQuestion & Answer
 Description: An explanation of the section 3004(k) definition of land disposal. Because open burning and open detonation (OB/OD) are not land disposal, the land disposal restrictions (LDR) program does not apply to open burning/open detonation. The placement of wastes in vaults/bunkers for disposal is land disposal. If a lab pack contains a restricted waste, the entire lab pack is subject to the land disposal restrictions (LDR). CESQG waste is not subject to the land disposal restrictions (LDR). A container emptied in accordance with section 261.7 is not subject to the land disposal restrictions (LDR).
 
12/01/1986WASTES GENERATED IN PROCESS UNITSQuestion & Answer
 Description: Safety-Kleen parts washers are not exempt manufacturing process units under section 261.4(c). A solvent is considered spent when it can no longer be used, and spent materials are solid wastes when they are reclaimed. An operator becomes a generator when the cleaning apparatus is removed from drum.
 
11/28/1986RESPONSIBILITY FOR CERTIFYING ACCURACY OF GENERATOR CERTIFICATIONSMemo
 Description: There is no requirement for an authorized representative to sign the manifest certification. The person signing the certification should have direct knowledge of the information on the manifest. The generator biennial report certification allows a certification of accuracy and completeness of the report.
 
11/17/1986LISTING HAZARDOUS WASTE NUMBERS ON GENERATOR PAPERWORKMemo
 Description: A generator is not required to list waste codes on the manifest. States might require waste codes. When completing notification form 8700-12 , the generator must list all the individual hazardous waste codes generated.
 
11/01/1986GENERATOR ACCUMULATION AND SECONDARY CONTAINMENTQuestion & Answer
 Description: LQGs are subject to the Part 265 Subpart J tank standards. Existing LQGs are not subject to the tank secondary containment provisions for underground tanks that cannot be entered for inspection until the State adopts the regulations.
 
11/01/1986PROHIBITION ON STORAGE OF RESTRICTED WASTEQuestion & Answer
 Description: A generator of a restricted waste may still obtain a 30 day extension to a 90 day accumulation time limit. In addition, generators who need to store restricted waste for longer than 90 days to facilitate recovery, treatment, or disposal may qualify for interim status and apply for a permit.
 
10/20/1986WASTE ACID AS WASTEWATER CONDITIONER AND AS INGREDIENT IN FERTILIZERMemo
 Description: Phosphoric acid used as a wastewater conditioner is not a solid waste (SW). Phosphoric acid used to produce a fertilizer is not a SW if it is purer in acid content and no more contaminated than virgin phosphoric acid that is typically used. The generator maintains the burden of proof.
 
10/09/1986CLARIFICATION OF 261.5(G)(3)(IV)Memo
 Description: A facility permitted, licensed, or registered by the State may manage CESQG waste. The state may use any mechanism to assess the risks associated with facilities handling the exempt waste. An exchange of letters would be appropriate to achieve registration of a facility.
 
10/01/1986EXPORT OF RECYCLABLE MATERIALSQuestion & Answer
 Description: Primary exporters of recyclable materials that are used for precious metals recovery are subject to the export regulations. Transporters must ensure the Acknowledgment of Consent accompanies the shipment, and that the shipment conforms to the Acknowledgment of Consent.
 
09/30/1986SLUDGE WASTE HANDLING IF TEMP. EXCLUSION IS WITHDRAWN / FUTURE METALS RECOVERY-STEEL FACILITYMemo
 Description: Waste subject to the temporary exclusion is not subject to the manifest requirements until the exclusion is lost. Once the exclusion is lost, the waste must be handled as hazardous.
 
09/29/1986RESPONSES TO ACCIDENTAL SPILLS OF LISTED OR CHARACTERISTIC HAZARDOUS WASTESMemo
 Description: An authorized official may approve the removal of a transportation spill without an EPA ID number or a manifest in an emergency. The transporter must respond immediately. A summary of the exemption from the sections 264 and 265 standards for immediate responses to hazardous waste discharges. Spills should be addressed in accordance with the contingency plan. Spills that are not cleaned up become land disposal sites subject to permitting. There is no definition of immediate response. Spill areas where hazardous waste is treated, disposed, or stored past an immediate response phase are subject to interim status and permitting standards. RCRA regulations do not specify the cleanup standards for spill situations.
 
09/25/1986MANAGEMENT OF WASTES PRIOR TO INTRODUCTION INTO SEWERMemo
 Description: A facility that generates a hazardous waste and ships it to POTW for treatment must comply with all applicable accumulation and transportation requirements, including the manifest.
 
09/08/1986COUNTING DRY CLEANING INDUSTRY WASTE ONLY AFTER REMOVAL FROM THE PROCESS - SQG RULEMemo
 Description: Solvent filter cartridges and still bottoms are only counted to determine a generator’s regulatory status when removed from the dry cleaning process. Materials that are reused one or more times within a calendar month need only be counted once. Solvents in a dry cleaning machine are not subject to counting if the machine qualifies as a closed-loop reclamation process.
 
09/04/1986MERCURY DRY CELL BATTERIES AND APPLICABLE REGULATIONSMemo
 Description: Mercury dry cell batteries (battery) that exhibit a characteristic are hazardous waste (HW) and must be managed by a HW management TSDF, unless they are household hazardous waste (HHW) or a CESQG waste (SEE ALSO: Part 273).
 
09/01/1986EXPORT OF HAZARDOUS WASTEQuestion & Answer
 Description: A characteristic by-product being exported for regulation is not a solid waste and not subject to the exporting requirements. A generator exporting a characteristic by-product for recycling is subject to the section 261.2(f) documentation that the material is not a solid waste. The exporter should be able to demonstrate a known market or disposition for material.
 
08/28/1986SOLVENT-LADEN CLEANING RAGS UNDER RCRAMemo
 Description: EPA is considering a petition to exempt solvent-contaminated shop towels and disposable industrial wipers from the definition of hazardous waste under the mixture rule (SUPERSEDED: see RPC# 2/14/94-01). Evaporation in a generator accumulation container is not exempt as a condition of the exemption is that containers remain closed except to add or remove waste (SEE ALSO: Part 264/Part 265, Subpart CC).
 
08/19/1986TREATMENT OF HAZARDOUS WASTE IN PIPELINES LEADING TO A WASTEWATER TREATMENT PLANTTREATMENT OF HAZARDOUS WASTE IN PIPELINES LEADING TO A WASTEWATER TREATMENT PLANTMemo
 Description: An elementary neutralization unit (ENU) or wastewater treatment unit (WWTU) can be a series of connected units. A flume, gutter, pipe, or open channel may be defined as a tank. WWTU wastewater is water with few percent contaminants (SUPERSEDED: See RPC# 2/11/91-01, RPC# 6/2/93-04). Pouring characteristic hazardous waste (HW) into an industrial sewer drain pipe where HW mixes with wastewaters is not treatment as the dilution is incidental to the pipe's primary purpose of conveyance (SEE ALSO: 268.3). An open channel in an enclosed building is not a totally enclosed treatment unit (TETU). HW subject to substantive regulation is counted for generator category determination. HW piped directly into an ENU and CWA sewer discharge is not counted. The 261.3(a)(2)(iv) de minimis mixture rule exemption is only for listed HW mixtures, not characteristic mixtures.
 
08/13/1986STATE/REGIONAL BIENNIAL REPORTSMemo
 Description: A discussion of the new requirements for the 1985 state and Regional biennial reports.
 
08/06/1986MOBILE SOLVENT RECYCLER, GENERATOR DETERMINATION FORMemo
 Description: A contractor recycling a solvent at a generator site using a mobile treatment technology is not a cogenerator if the solvent was a hazardous waste before the contractor comes on-site or if the solvent was stored prior to recycling since the contractor activity did not cause a waste to become subject to regulation (SEE ALSO: 45 FR 72024; 10/30/80).
 
08/01/1986RELEASES FROM 90 DAY ACCUMULATION TANKSQuestion & Answer
 Description: Releases from 90 day accumulation tanks are not normally covered by RCRA sections 3004(u), 3004(v) or 3008(h) corrective action authorities, however, a leak from a generator tank which is not cleaned up may be considered open dumping under RCRA and could be covered by the imminent hazard provision of section 7003.
 
08/01/1986SQG QUANTITY DETERMINATIONSQuestion & Answer
 Description: All counting occurs on a month-to-month basis. The multiple counting exemption in section 261.5(d)(3) applies only within one month. Solvent waste counted and reclaimed in October must be counted again if the solvent is reused in November.
 
07/28/1986HOLDING, TEMPORARY, PERIOD, STORAGE, AND DISPOSAL (DEFINITIONS)Memo
 Description: Holding is not defined in RCRA, but means the containment in a storage unit. A discussion of the definition of storage and disposal. A temporary period is not defined in RCRA, but it is related to closure and financial assurance. A pipe, funnel, or hose used to transfer waste to or from a storage unit is regulated as part of the unit.
 
07/25/1986PERMITTING OF TREATMENT ACTIVITIES IN A GENERATOR'S ACCUMULATION TANKS OR CONTAINERSMemo
 Description: All generators accumulating waste in compliance with section 262.34 may treat in on-site tanks and containers. Treatment in other units requires permit. EPA does not distinguish between accumulation for handling other than treatment and accumulation for the sole purpose of treatment.
 
06/24/1986AUTHORIZATION OF STATE PROGRAMS TO IMPLEMENT LAND DISPOSAL RESTRICTIONS PROGRAMSMemo
 Description: State programs can be more stringent or broader in scope. EPA can enforce in an unauthorized state. A memo of understanding or overfiling keep programs consistent. A discussion of generator counting of waste cartridges. A totally enclosed treatment waste is subject to the land disposal restrictions (LDR).
 
06/17/1986PERMITTING OF TREATMENT ACTIVITIES OCCURRING IN A GENERATOR'S ACCUMULATION TANKS OR CONTAINERSMemo
 Description: Detailed discussion of the EPA policy allowing generators to treat hazardous waste in accumulation tanks or containers without obtaining a permit or interim status (SEE ALSO: 51 FR 10168; 3/24/86). If a facility has interim status, and should withdraw permit application, Region or State will determine residual interim status obligations (e.g., closure requirements).
 
06/02/1986PAINTING CONTRACTOR WASTES-SMALL QUANTITY GENERATORMemo
 Description: Methylene chloride is a listed waste (F002) when used as a solvent and can be toxic. Muriatic acid is likely to be corrosive (D002) but not toxic. Generators who produce greater than 100 kg/mo are subject to regulation. CESQGs may dispose of hazardous waste in any state approved landfill.
 
06/01/1986CORRECTIVE ACTION IN PERMITSQuestion & Answer
 Description: The section 3004(u) corrective action requirement for facilities seeking permits is not applicable to interim status facilities which convert to generator status or which close no land disposal units. Facilities without regular or post-closure permits must conduct corrective action for releases at a solid waste management units (SWMUs) under section 3008(h) or section 7003. The section 3008(h) orders may be issued after closure.
 
05/23/1986USED X-RAY FILMSMemo
 Description: Based on trade association data, x-ray film does not appear to be hazardous waste (HW). Nonetheless, each generator is responsible for making this determination. If HW x-ray film is sent for precious metal recovery, the generator must manifest the waste and get an D number.
 
05/20/1986USED X-RAY FILM AS A SPENT MATERIAL - SILVER RECLAMATIONMemo
 Description: Used x-ray film is a spent material, but it is not specifically listed hazardous waste (HW). Although trade association data suggest it is not characteristic, each generator is responsible for the HW determination. If HW x-ray film is sent to a silver reclaimer, the generator must get an ID number and manifest the waste.
 
05/16/1986SCOPE OF FARMER EXEMPTION AT 40 CFR 262.10(D) AND 262.51Memo
 Description: Commercial pesticide applicators who apply and dispose of pesticide for farmers can qualify for the farmer exemption. All pesticide residues must be disposed on the farm where they are used. The general disposal instructions on pesticide label satisfy 262.70 requirements.
 
05/01/1986HAZARDOUS WASTE EXPORT RULEMemo
 Description: Spent lead-acid batteries (battery) sent to Taiwan for reclamation are exempt from the hazardous waste exportation regulations since the generator does not reclaim batteries. Section 266.80 exempts the generator from Part 262 requirements. (SUPERSEDED: See 266.80(a)(6)-(7))
 
05/01/1986INTERIM STATUS AND SQGSQuestion & Answer
 Description: A CESQG treating on-site exceeding the 1000 kg accumulation limit may apply for interim status instead of managing the waste under LQG requirements. Since CESQGs are exempt from submitting a Notification of Regulated Waste Activity Form (8700-12), the notification is not required for the eligibility for interim status under section 3005(e) of RCRA (3010).
 
05/01/1986SMALL QUANTITY GENERATOR/PARTS WASHERS/WASTE COUNTINGQuestion & Answer
 Description: A parts washer leased from Safety-Kleen functions as a manufacturing process unit. The mineral spirits are not subject to regulation until they are removed from the unit. Mineral spirits are counted when removed from the unit or 90 days after the unit ceases operation (SUPERSEDED: See RPC# 12/1/86-01).
 
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).
 
04/28/1986COMMERCIAL CHEMICAL PRODUCTS, RECYCLING A MIXTURE OFMemo
 Description: CCPs or mixtures of CCPs (e.g., methyl isocyanate and methylene chloride) reclaimed or used for their intended purpose (e.g., in manufacturing process) are not solid waste, and are not regulated. The mixture does not need to be manifested and the receiving facility does not need a storage permit.
 
04/28/1986GENERATOR USE OF TOTAL CONSTITUENT ANALYSIS IN LIEU OF THE EP OR TCLP TESTSMemo
 Description: A generator may use knowledge to make a characteristic determination, including the total waste concentration. When using total waste analysis in lieu of the extraction procedure (EP) or TCLP tests, the generator must assume all the contaminant present in the waste will migrate or leach into a liquid extract. A discussion of the maximum theoretical extract concentration (MTEC) (SEE ALSO: RPC# 1/1/94-01).
 
04/21/1986BURNING OF USED OIL IN THE MARINE INDUSTRY AND USED OIL GENERATOR NOTIFICATION REQUIREMENTSMemo
 Description: Used oil (UO) burned in marine engines is not regulated. The burning of UO in a shipboard steam boiler is regulated. A shipboard steam boiler is considered an industrial boiler. Ships burning UO that is generated on board must notify as burners if it is off-specification UO. UO generators are not required to notify unless they market directly to a burner. If a ship transfers UO to a transporter, the transporter, not the ship, may be a marketer.
 
04/21/1986REGULATORY STATUS OF SOLVENT TF-1Memo
 Description: Part 261, Appendix VIII, hazardous constituents are not the only listing determination factor for solvent TF-1, there are other factors. Solvent and PCB wastes with Appendix VIII constituents are not hazardous waste unless they are listed or characteristic. TSCA has the authority to regulate PCB handling and disposal (SEE ALSO: 261.8).
 
04/16/1986ACCUMULATION AND TREATMENT OF WASTES ON-SITE/PERMIT REQUIREMENTSMemo
 Description: A generator who solidifies or fixes hazardous waste in an accumulation tank or container does not need a permit or interim status.
 
04/10/1986TEN DAY REGULATION FOR TRANSPORTATION OF HAZARDOUS WASTEMemo
 Description: Transporters storing manifested waste at a transfer facility for 10 days or less are not subject to permitting. The 10 days does not include waste in transit, only the waste in storage.
 
03/24/1986LIABILITY AND RESPONSIBILITY FOR TRANSPORTATION AND DISPOSAL OF SMALL QUANTITIES OF HAZARDOUS WASTEMemo
 Description: A summary of CERCLA liability. A summary of regulations that apply to small quantity generators, both before and after the 3/2/86 Federal Register (51 FR 10146).
 
03/17/1986PORT FACILITIES AS GENERATORS OF OILY WASTEMemo
 Description: Both the ship and the port facility may be a cogenerator of the waste produced in product or raw material vessel units. The ship only would be generator of other wastes (SEE ALSO: RPC# 9/3/86-02 and Federal Facility Compliance Act (FFCA) section 3022).
 
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.
 
02/06/1986WASTE MINIMIZATION AND INCLUSION OF RECYCLINGMemo
 Description: The waste minimization certification on the manifest, a biennial report, and a TSDF permit, is mandatory (3002(b)) (SUPERSEDED: no longer required on biennial report, see 1997 Hazardous Waste Report Instructions). There is no guidance on what constitutes a waste minimization program or activity. The generator determines compliance with the waste minimization criteria. Recycling is a form of waste minimization.
 
02/05/1986SHIPS AS GENERATORSMemo
 Description: Both the ship and port facility may be cogenerators of waste produced in product or raw material vessel units. A ship only would be the generator of other wastes (SUPERSEDED: see RPC# 9/3/86-02 and Federal Facility Compliance Act (FFCA) section 3022)).
 
02/04/1986REGULATORY STATUS OF PHOTOGRAPHIC FILMS AND PAPERS UNDER RCRA SUBTITLE CMemo
 Description: Photo film and paper are not listed hazardous waste (HW). They are HW if characteristic. Data suggest they are usually not toxic by the extraction procedure (EP) (SUPERSEDED: See 261.24). The generator must make the determination. Even if not contaminated, used photo film and paper removed from service to recycle are spent materials. Unless characteristic, spent material status irrelevant.
 
01/30/1986ANTI-NEOPLASTIC AGENTS IN HOSPITAL WASTES, DISPOSAL OFMemo
 Description: Seven antineoplastics are U-listed hazardous waste. Antineoplastics are not regulated as class. Hospitals generating less than 100 kg/mo exempt as CESQG. There is no EPA guidance for a proper incineration destruction temperature.
 
01/28/1986HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAMS, CERCLA AND RCRA LIABILITY OF MUNICIPAL SPONSORS OFMemo
 Description: Household hazardous waste (HHW) is excluded from Subtitle C regulation even if accumulated in quantities that would otherwise be regulated, or when transported, treated, disposed. Household waste mixed with other regulated waste is regulated. There is no exemption from CERCLA liability. EPA may use enforcement discretion.
 
01/16/1986IDENTIFICATION NUMBERS FOR RESIDUES GENERATED FROM THE TREATMENT OF HAZARDOUS WASTEMemo
 Description: The residue from the treatment of a listed waste retains listing via the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). The residue from the treatment of a characteristic waste is regulated only if the residue exhibits a characteristic. The TSDF is the generator of the treatment residue (SEE ALSO: RPC# 11/17/89-02).
 
01/16/1986RESIDUES GENERATED FROM THE TREATMENT OF HAZARDOUS WASTE, I.D. NUMBERS FORMemo
 Description: The residue from treatment of a listed waste retains the listing via the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). Residue from the treatment of characteristic waste is regulated only if the residue exhibits a characteristic. The TSDF is the generator of treatment residue (SEE ALSO: RPC# 11/17/89-02).
 
01/06/1986RECYCLING OF MOLDING AND CASTING SANDSMemo
 Description: Foundry sands are spent materials and are solid wastes when reclaimed (SEE ALSO: RPC# 3/28/2001-01). Foundry sands are hazardous wastes if they exhibit the toxicity characteristic for lead. Once regenerated or reclaimed, foundry sands are not solid wastes and are exempt even if shipped off-site for coating before use. The reclamation process is exempt. The storage and transportation of spent material before reclamation is subject to regulation.
 
12/23/1985RD&D PERMITS - POLICY GUIDANCEMemo
 Description: Research, development, and demonstration (RDD) permittees must manifest unused/reduced waste to a permitted facility (SEE ALSO: 260.10, definition of designated facility). Explains no set of requirements for RDD information reporting. RDD permit can cover activities which may potentially occur. Discusses the partial closure of a RDD facility. Discusses that sold equipment should be decontaminated. Discusses that there is no policy on expediting permitting mobile treatment units (SEE ALSO: 264 Subpart X).
 
12/18/1985BATTERIES, SCRAP METAL, AND PRECIOUS METALSMemo
 Description: Spent lead-acid batteries (battery) are hazardous waste (HW) at generation. Generators, transporters, and persons who store (but not reclaim) batteries for reclamation not subject to regulation (SEE ALSO: Part 273). Discussion of recycled scrap metal with precious metals excluded (SEE ALSO: current 261.6(a)(3)(ii)). Precious metals reclaimed from HW and suitable for direct reuse or only need refining before reuse are products, not wastes.
 
12/13/1985PERMIT ISSUES REGARDING ON-SITE TREATMENT BY FLUIDIZED BED INCINERATIONMemo
 Description: A waste transferred from a generator to an incinerator located on a property leased from the generator does not have to be manifested if the waste never crosses public highway or never leaves the generator’s property. The permit for the incinerator located on a leased property at the generator site must be signed both by the owner of the property and the operator of the incinerator. The owner or operator of facility includes the owner of the land, the owner of the structures, and the operator of the facility or unit. Since both the owner of the property and the operator of a facility must sign a permit application, the two parties are jointly and severally liable for all RCRA requirements, including closure.
 
12/03/1985REQUIREMENTS FOR CHANGING STATUS OF A TANK FROM TSD TO GENERATOR ACCUMULATIONMemo
 Description: A generator who is also an operator of a TSDF can convert an interim status tank or container to a generator accumulation unit under 262.34. The enforcement agency will determine applicable closure requirements. If a Part B was submitted, the applicant should notify the Region of the change.
 
12/01/1985BURNING AND BLENDINGQuestion & Answer
 Description: A mixture of used oil and a commercial chemical product (CCP) (xylene) that is itself a fuel or normal component of commercial fuels is regulated as used oil, not hazardous waste fuel, when it is burned for energy recovery. The generator who burns the used oil is subject to 266, Subpart E (SUPERSEDED: See 279.20 and 279.60).
 
12/01/1985SATELLITE ACCUMULATIONQuestion & Answer
 Description: The generator has three days after exceeding the 55 gallon satellite accumulation limit to comply with section 262.34(a); 90 day accumulation time period begins as soon as the three day period has expired (SEE ALSO: RPC# 10/1/90-01).
 
11/29/1985CANADIAN MANIFEST FOR SHIPMENTS ENTERING THE U.S.Memo
 Description: Generators and transporters are only required to prepare and carry the U.S. Uniform Hazardous Waste Manifest for shipments of hazardous waste from U.S. to Canada. The EPA is considering implementing similar provisions for wastes originating in Canada and transported to the U.S.
 
11/01/1985HAZARDOUS WASTE FUEL MARKETERSQuestion & Answer
 Description: A generator who gives hazardous waste fuel to a burner is a marketer. The absence or presence of a monetary transaction has no bearing on the marketer’s status. A hazardous waste fuel blender/processor who ships waste fuel to a burner is a marketer (SUPERSEDED: See 266 Subpart H).
 
10/31/1985SMALL QUANTITY GENERATOR REGULATIONS APPLICABILITY TO LABORATORIESMemo
 Description: HSWA sets new requirements for SQG. Laboratories may be SQG. The interim requirements for SQG include manifesting (SEE ALSO: 51 FR 10146; 3/24/86).
 
10/23/1985GENERATOR LIABILITY FOR DELISTED WASTE RELEASESMemo
 Description: Delisted waste is not subject to Subtitle C regulation, but the generator retains any CERCLA liability. Revocation of a delisting decision will not affect the status of previously delisted and disposed waste.
 
10/17/1985MANIFEST CERTIFICATION SIGNATURE BLOCK FOR EMPLOYEES SIGNING FOR GENERATING COMPANYMemo
 Description: Employees signing the manifest may sign on behalf of their company. Preprinting the phrase "on behalf of . . ." under the signature line on the manifest is allowed. Additional information about the signature may be included in Item 15.
 
10/11/1985WASTE-DERIVED FUELS BURNED IN CEMENT KILN, REGULATION OFMemo
 Description: Characteristic waste-derived fuels and all waste-derived fuels produced by a person other than the waste generator or burner are exempt (SUPERSEDED: see 50 FR 49164; 11/29/85; see 56 FR 7194; 2/21/91; see 266.100).
 
10/03/1985APPROPRIATENESS OF THE EP/TCLP SIMULATION OF CO-DISPOSAL SITUATION FOR MINING WASTES; CHARACTERISTIC TESTS FOR DETERMINING THE HAZARDOUS CHARACTERISTICS OF MINING WASTESMemo
 Description: There is no determination on the appropriate tests used to identify mining or Bevill exempt mining and mineral processing wastes to be regulated as hazardous waste. TCLP is designed to simulate the leachability of industrial waste that is co-disposed with sanitary waste. Although the disposal scenario may be incompatible with mining waste disposal, similar generation of acids warrants TCLP or stronger. Mining wastes generate acidic leachate upon exposure to air.
 
10/01/1985PERMIT MODIFICATION FOR CONSTRUCTION OF GENERATOR STORAGE AREAQuestion & Answer
 Description: The construction of a 90 day generator storage area at a permitted facility would not require the modification of a facility’s permit. EPA recommends that the owner notify the enforcement agency, placard the area as a generator accumulation area. The 90 day storage area provision applies only to the waste generated on-site.
 
10/01/1985SMALL QUANTITY GENERATORS, 100-1000 KG/MONTH GENERATORS, AND THE MANIFESTQuestion & Answer
 Description: CESQG wastes accumulated by a storage facility in quantities greater than 1000 kg do not need to manifest when sent off-site. The final disposal site need not be RCRA-permitted. If waste was generated by a SQG, the waste must be manifested to a state-registered facility, and from the facility to the disposal site. After 3/31/86, waste generated by a 100-1000 kg/month generator (SQG) must be disposed in a RCRA-permitted or an interim status facility .
 
10/01/1985WASTE MINIMIZATIONQuestion & Answer
 Description: The 3002(b) waste minimization requirements are self implementing and leave the choice of a method to the generator. Waste exchanges, recycling of solvents, on-site reuse and off-site recycling are all legitimate waste minimization.
 
09/19/1985BULKING AND CONSOLIDATING SHIPMENTS OF COMPATIBLE WASTES WITH DIFFERENT HAZARDOUS CODESMemo
 Description: Consolidating wastes with different DOT descriptions at transfer facilities is not treatment if it does not render the waste nonhazardous. Consolidating wastes of different DOT description requires a new manifest. Transporters can repackage waste from one container to another.
 
09/10/1985DIOXIN-CONTAINING WASTE RINSEATES, DISPOSAL BY DEEP WELL INJECTIONMemo
 Description: Rinsate from containers that held 2,4,5-T and other pesticide formulations is an acute hazardous waste. A deep well injection facility must be permitted to handle dioxin-containing wastes in order to dispose of these wastes. A generator may petition EPA to exclude waste if the waste does not meet listing criteria (SEE ALSO: 261.7).
 
08/01/1985CORRECTIVE ACTION FOR CONTINUING RELEASES (3004(U))Question & Answer
 Description: Sumps made of nonearthen materials are tanks. Sumps can be used to accumulate hazardous waste for 90 days or less without permit. The TSDF owner or operator must include information on all solid waste management units (SWMUs), including sumps, in a Part B permit application under 3004(u) corrective action.
 
07/31/1985LABORATORY WASTE EXCLUSIONMemo
 Description: The section 261.4(d) sample exclusion applies to any person collecting a sample (not just generators). Testing lab samples is not treatment. If a sample is returned to the original site for disposal then the original site is the generator. If a lab disposes of a sample, the lab is the generator. A sample returned to the sample collector, then the collector is the generator. A sample collector can be an owner of waste or a contractor.
 
07/11/1985GENERATOR WASTE MINIMIZATION STATEMENTSMemo
 Description: Employees signing the manifest may sign on behalf of their company. Preprinting the phrase "on behalf of . . ." under the signature line on the manifest is allowed. The individual signing the manifest and the company are responsible for veracity of certification statement.
 
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.
 
07/01/1985SQGS, RECLAMATION, AND THE MANIFESTQuestion & Answer
 Description: SQGs producing between 100 and 1000 kg/month of hazardous waste that partially reclaim silver from spent photo fixer prior to shipment off-site for further reclamation are not subject to precious metals recycling recordkeeping, but spent material must be manifested (SEE ALSO: 10/5/94-01, current 261.5, 262.34(d)).
 
06/25/1985GENERATOR RESPONSIBILITIES FOR IMPORTATION OF HAZARDOUS WASTEMemo
 Description: The importer is the generator. The transporter and the U.S. facility arranging the import are importers and cogenerators. There is joint and several liability for generators and cogenerators. Imported hazardous waste (HW) must be manifested. Imported HW is subject to all applicable manifest requirements even if the importer and TSDF are the same.
 
06/06/1985BRASS DROSS SKIMMINGS, SEPARATION OF METALS AND OXIDES, BY-PRODUCTMemo
 Description: Brass dross skimmings are by-products, not scrap metal, and are not solid waste (SW) if reclaimed. Secondary material (by-product, spent material, sludge, CCP, scrap metal) placed on the land or in a product placed on the land is a SW. Hazardous waste (HW) sent to a fertilizer company (either directly or through a processor) for reuse must be manifested. The fertilizer company and the processor need storage permits for the HW. A material used or reused as an ingredient in a product not is SW if not speculatively accumulated, used for fuel, or use in manner constituting disposal.
 
06/03/1985TOLUENE-LADEN FILTER RESIDUE GENERATED FROM AN INK PRODUCTION PROCESSMemo
 Description: Filter cake containing toluene residue as a contaminant is not F005, since solvent listings do not apply to wastes containing solvents that were used in industrial processes. Solvents used for solvent properties are typically not consumed or physically or chemically altered during the process. The treatment of a residue on site to decrease the solvent content may require a permit unless it is conducted in a generator accumulation unit.
 
06/01/1985SQG MANIFEST DESIGNATION FOR PLASTIC BOTTLESQuestion & Answer
 Description: Plastic containers (similar to Clorox bottles) containing hazardous waste must be categorized as “DF” in item 12 on the manifest; “DF” means fiberboard or plastic drums, barrels, or kegs.
 
05/14/1985DISCARDED COMMERCIAL CHEMICAL PRODUCTSMemo
 Description: Section 262.11 outlines the generator’s responsibility for identifying hazardous wastes. The P- and U-listings apply only to unused CCPs, not to process wastes containing chemicals listed in 261.33. The U122 formaldehyde listing does not apply to waste containing used formaldehyde or fish contaminated with formaldehyde. Discarded fish and formaldehyde must be evaluated for characteristics. EPA regulates certain chemicals in their unused form but not all wastes containing the same chemicals.
 
05/01/1985GENERATOR DETERMINATIONQuestion & Answer
 Description: The U.S. Naval vessels that generate waste at sea are the generators, not the shipyard operator who removes waste from ships. The shipyard operator cannot accumulate waste without a permit (SUPERSEDED: See Federal Facilities Compliance Act).
 
05/01/1985MANIFEST USE AND STATE AUTHORIZATIONQuestion & Answer
 Description: The generator State or designated State determines manifest requirements. A waste that is nonhazardous in both the initiating and the receiving state and is transported through a state where it is hazardous does not need a manifest. Either the generator State or the designated State can require manifesting.
 
04/16/1985FEDERAL REGULATIONS ON DISPOSAL OF TOXIC AND HAZARDOUS SUBSTANCESMemo
 Description: The owner of a recreational sailboat discarding an empty can containing pentachlorophenol (PCP) wood preservative residues is typically considered a CESQG not subject to hazardous waste (HW) management regulations. Marinas can arrange for collection of such HW from CESQG boat owners.
 
04/10/1985CLARIFICATION OF “N.O.S.” AS USED IN PART 261, APPENDIX VIIIMemo
 Description: The designation "N.O.S." (not otherwise specified or NOS) in Part 261, Appendix VIII, indicates the inclusion of all compounds of that particular class.
 
04/01/1985LAB SAMPLEQuestion & Answer
 Description: Standard test procedures that involve the addition of hazardous chemicals (e.g., solvents) to a sample do not affect the lab sample exclusion. A lab adding listed solvents to a sample may still send it to the generator under section 261.4(d).
 
04/01/1985WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: A tank holding but not treating hazardous waste (HW) prior to an off-site transfer is not a wastewater treatment unit (WWTU) but could be a generator accumulation unit. An off-site WWTU can only receive HW if it is a designated facility (permitted or interim status facility) (SUPERSEDED: See RPC# 3/26/98-01). The WWTU exemption does not attach to waste removed from the unit.
 
03/12/1985EXCLUSION FROM RCRA PERMITTING REQUIREMENTS FOR LESS THAN 90-DAY ACCUMULATORS OF DIOXIN CONTAINING WASTESMemo
 Description: Generators may accumulate dioxin hazardous waste on-site for 90 days without permit or interim status. Accumulation rules apply whether or not a permit is needed for the rest of the facility. Dioxin-contaminated wastes from labs/laboratories (clothing, glass) are not listed dioxin wastes. Unused samples of these wastes carry the listing.
 
03/01/1985WASTE ANALYSIS PLANQuestion & Answer
 Description: CESQG waste do not need to be addressed in a TSDF’s waste analysis plan if the generator is in compliance with 261.5.
 
02/21/1985EXCAVATED CONSTRUCTION SOIL CONTAINING QUANTITIES OF VOLATILE ORGANIC COMPOUNDSMemo
 Description: Soil contaminated with VOCs would be regulated as a hazardous waste if it exhibited a characteristic or contained a listed hazardous waste.
 
12/26/1984CONTAMINATED GROUNDWATER, RCRA REGULATORY STATUSMemo
 Description: Generators do not use Appendix VIII in hazardous waste (HW) determination. Wastes containing Appendix VIII constituents are not HW unless they are listed or characteristic. Collected groundwater contaminated with listed or characteristic waste is regulated as HW. Discussion of the contained-in policy.
 
12/01/1984COGENERATION INTERPRETATIONQuestion & Answer
 Description: A contractor who comes on site with a mobile recycling unit and the owner of the facility are cogenerators. The 90-day accumulation period applies when a contractor leaves waste behind at a facility.
 
12/01/1984TRAINING EMPLOYEESQuestion & Answer
 Description: Lab technicians must have hazardous waste training to the extent necessary to ensure the safe handling of wastes. Training records must be maintained at the facility (SEE ALSO: 262.34(d)(5)(iii)).
 
11/01/1984RECIRCULATING TANK FEEDS CAUSTIC TO INCINERATOR SCRUBBERQuestion & Answer
 Description: A recirculating tank that receives caustic from an incinerator does not qualify for the 261.4(c) product storage tank exclusion. The tank may qualify as a generator accumulation tank.
 
11/01/1984WASTE REGULATED ONLY BY THE STATEQuestion & Answer
 Description: Guidance is provided on designating items on the manifest that are state- but not federally-regulated.
 
10/25/1984VIOLATION OF EPA HAZARDOUS WASTE MANIFEST REGULATIONS BY FEDERAL FACILITIESMemo
 Description: Section 262.21 establishes a hierarchy for acquisition of manifests. All generators, including EPA facilities, must follow this protocol.
 
09/20/1984DIBUTYLTIN DIFLUORIDE NOT A LISTED RCRA WASTEMemo
 Description: Dibutyltin difluoride is not a listed waste. Dibutyltin difluoride contaminated protective clothing would be hazardous only if it exhibits a characteristic. It is a generator’s responsibility to determine whether a waste is listed or exhibits a characteristic.
 
09/04/1984RESPONSIBILITY OF GENERATOR IN HAZARDOUS WASTE DETERMINATIONSMemo
 Description: The applicability of hazardous waste regulations to SULFA-CHECK spent slurry is discussed. The suggested cyanide and sulfide concentrations for reactivity are less than 10 ppm (SUPERSEDED: see RPC# 4/21/98-01). A generator does not perform determinations in 261.11(a)(2) to classify a waste as hazardous, but rather uses the process established in 262.11 to make a hazardous waste determination.
 
09/01/1984BLOCK TWELVE (CONTAINER TYPE)Question & Answer
 Description: The relationship of DOT container regulations for large batteries (battery) and Item 12 on the manifest are discussed.
 
09/01/1984RECYCLING RESIDUESQuestion & Answer
 Description: The original generator is not liable for the mismanagement of residues generated by an off-site recycler. Hazardous wastes generated during a recycling operation are new wastes, and the recycler is viewed as the generator (SEE ALSO: 261.3(c)).
 
09/01/1984TANKS USED FOR COLLECTING SPILLSQuestion & Answer
 Description: A tank used on a predictable basis for collecting hazardous waste spills must be addressed in the closure plan. A tank used to collect hazardous waste spilled from a manufacturing process unit is subject to the generator or TSDF standards.
 
07/01/1984SMALL QUANTITY GENERATOR (SQG) ACCUMULATIONQuestion & Answer
 Description: Once an SQG limit is exceeded, any waste generated and accumulated is also subject to Part 262 regulation, including labeling (SUPERSEDED: see 51 FR 10175; 3/24/86, current 261.5).
 
06/26/1984STATE MODIFICATIONS TO UNIFORM HAZARDOUS WASTE MANIFEST REGULATIONSMemo
 Description: 271.10(h) prohibits re-lettering of the manifest form. If a state decides not to require completion of all manifest items, EPA recommends instructing manifest users to leave items blank. Discussion of comments on Missouri’s manifest form modifications.
 
06/01/1984EXPORT OF HW FOR REUSE IN WASTEWATER TREATMENTQuestion & Answer
 Description: K062 that is exported for reuse in wastewater treatment must be accompanied by a manifest, and the generator must notify the Office of International Activities if the receiving facility does not have NPDES permit (SUPERSEDED: see current 261.2, 261.6, and RPC# 6/5/85-01).
 
06/01/1984GENERATOR QUANTITY DETERMINATION FOR MIXTURESQuestion & Answer
 Description: If the quantity of spilled hazardous waste (e.g., U134) is known before the mixture occurs, a generator can use 261.5(h) for the generator category determination and remain a CESQG, provided the mixture does not exhibit a characteristic.
 
06/01/1984RENOTIFICATION FOR NEWLY LISTED WASTESQuestion & Answer
 Description: A generator, transporter, or TSDF owner or operator must renotify for newly listed wastes only if the Administrator specifically requires renotification in the Federal Register notice for the newly listed waste (SEE ALSO: contact implementing agency).
 
05/18/1984HAZARDOUS WASTE MARKING REQUIREMENT APPLIED TO STATE REGULATED WASTEMemo
 Description: PCBs are not defined as hazardous wastes. The 262.32 marking requirement does not apply to PCBs. A State may require that PCBs be marked according to 262.32.
 
05/01/1984STORAGE OF WASTEWATER TREATMENT SLUDGEQuestion & Answer
 Description: A facility placing F006 into a smelter for dewatering immediately upon receipt does not need storage permit to accept the waste. After dewatering, the material is no longer F006. Residues (fines) that are generated from smelting are F006.
 
04/01/1984CARBON FILTERS IN DRY CLEANING FOR FILTERING PERCHLOROETHYLENEQuestion & Answer
 Description: Carbon filters used to filter spent perchloroethylene from the dry cleaning industry are F002. The weight of filters is counted toward the monthly generator determination.
 
04/01/1984CHARACTERISTIC WASTES EXPORTED FOR RECYCLINGQuestion & Answer
 Description: Characteristic wastes that will be legitimately recycled abroad do not need to be manifested for export. Section 261.6(a) supersedes 262.50 (SUPERSEDED: see current 261.2, 261.6).
 
04/01/1984DATE OF SHIPMENT DETERMINES TIME PERIOD FOR EXCEPTION REPORTINGQuestion & Answer
 Description: The date of shipment is determined by the date of the initial transporter’s signature. The date of a generator’s certification does not have to be the date of shipment. The time period for exception reporting is based on the date of shipment.
 
04/01/1984MAINTAINING COPIES OF MANIFESTS AND BIENNIAL REPORTSQuestion & Answer
 Description: Generators are not required to keep copies of manifests and biennial reports on site. Copies can be kept at corporate headquarters. A generator must be able to provide to EPA information on, or access to, records. TSDFs must keep copies of manifests on site. Biennial reports must be furnished upon request and made available for inspection by EPA personnel.
 
03/01/1984ADDITIONAL INFORMATION REQUIRED ON MANIFEST BY FACILITYQuestion & Answer
 Description: Information, such as waste concentration or pH, that a facility requires on a manifest goes in block 15 - “Special Handling Instructions and Additional Information.”
 
03/01/1984SHIPPING PAPER INSTEAD OF MANIFESTQuestion & Answer
 Description: Bulk water and intermediate rail transporters must have EPA ID numbers, although they may use a shipping paper in lieu of the manifest. A generator must record on the manifest the name and EPA ID number of all transporters.
 
02/01/1984BIENNIAL REPORTSQuestion & Answer
 Description: Generators in interim authorized states send the hazardous waste report to the state. A state report can be biennial, annual, or quarterly.
 
01/10/1984HAZARDOUS WASTE CONTAINER LABELING REQUIREMENTSMemo
 Description: Container labels must be durable. Typed or written labels must not smear. Information must be displayed in accordance with DOT regulations.
 
01/06/1984SOILS FROM MISSOURI DIOXIN SITES, WHETHER HAZARDOUSMemo
 Description: The presence of toxic compounds in soil does not automatically make the soil a hazardous waste. The origin of toxicants must be known to apply a listing. If the exact origin is unknown, soils cannot be listed. If characteristic, soils are hazardous (SEE ALSO: 55 FR 8758; 3/8/90, 61 FR 18779; 4/29/96).
 
01/01/1984BIENNIAL REPORTING FOR GENERATOR WHO CONDUCTS NON-REGULATED ACTIVITYQuestion & Answer
 Description: Provides guidance on completing the biennial report for a generator of lab pack wastes. Provides guidance on completing the biennial report for a generator who accumulates waste prior to conducting a non-regulated activity (e.g., recycling, elementary neutralization). Provides guidance on completing the biennial report for a generator who accumulates waste after 10/1/83, but has not sent the waste off-site by 12/31/83. A generator who manages some waste on-site as an interim status TSDF and ships other waste off-site should prepare a generator report and a TSDF report (SUPERSEDED: see the current biennial reporting requirements).
 
12/15/1983COMPUTERIZED HAZARDOUS WASTE MANIFEST PREPARATION SERVICESMemo
 Description: A generator may use the services of outside firms to aid in preparing manifests. The generator must assure that information on the manifest is correct. The generator is ultimately responsible for the preparation of the form (generator liability).
 
11/01/1983WEIGHT OF CONTAINER FOR QUANTITY DETERMINATIONSQuestion & Answer
 Description: The weight of a container is not counted when determining generator status or for biennial reporting. It is customary to show the total weight (i.e., waste plus container) on the manifest.
 
10/01/1983MANIFEST FOR SPLIT SHIPMENTQuestion & Answer
 Description: Provides guidance on completing the manifest when one rail shipment of waste is divided among five tank trucks for transport to the designated facility identified on the manifest (SEE ALSO: RPC#8/7/98-02).
 
09/01/1983ON SITE/GENERATOR ID NUMBER (UNIVERSITY AS GENERATOR)Question & Answer
 Description: Wastes shipped from one college campus building to another need a manifest while they are on the highway, unless they are shipped directly across the road (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; 2/12/97). Sites are required to have separate EPA ID numbers, even if the receiving facility is on-site. The on-site definition is used only to determine if a manifest is necessary. Buildings on contiguous property at college campus are classified as a single generation site, and would receive one EPA ID number. All waste generated at a site is evaluated in determining generator status. At university campuses that are divided by a right-of-way that they do not control, each city block or each half of the campus bisected by a public road is a separate generator, and requires their own EPA ID number (SUPERSEDED: see the manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; 2/12/97)
 
08/03/1983RESPONSE TO REGION V’S EPA IDENTIFICATION NUMBER QUESTIONSMemo
 Description: ID numbers site-, not owner-specific. A generator or TSDF at a new site gets a new site number. Corporations at the same site can have different numbers. A lessor of federal property on a federal site may get a separate number. A transporter company has one number for all trucks and trucking locations.
 
08/01/1983ANNUAL REPORTING REQUIREMENTSQuestion & Answer
 Description: A generator who shipped waste to facility that he/she owned was not required to submit the 1981 annual report as a generator, but was required to file as a facility owner. There is no requirement for a generator to notify EPA that he/she was not filing the generator annual report.
 
08/01/1983SOLID WASTE MUST BE EVALUATED FOR ALL CHARACTERISTICSQuestion & Answer
 Description: Even if a generator determines that their waste exhibits one characteristic, they must still evaluate the waste for other characteristics. Generators must have in-depth knowledge of the waste. Provides a summary of EPA’s reasoning (SEE ALSO: current 262.11(c)).
 
07/01/1983ACCEPTANCE OF WASTE IN A PERMITTED FACILITYQuestion & Answer
 Description: A generator does not have to have a written notice described in 264.12(b) in order to send waste to a TSDF, although the facility must be permitted to handle the waste.
 
05/01/1983PHASE I INTERIM AUTHORIZATIONQuestion & Answer
 Description: Anyone who generates hazardous waste must notify under 3010 of RCRA, even if the generator is located in a state with Phase I interim authorization that does not recognize the federally listed waste as hazardous.
 
04/01/1983GENERATORS WHO FILED PART A Question & Answer
 Description: Provides guidance to Regions on generators who filed for interim status, but choose to accumulate under 262.34. If the facility fails to submit the necessary information when requested, the EPA Region can terminate interim status.
 
01/01/1983CONSOLIDATION OF SHIPMENTS AND MIXING OF HAZARDOUS WASTE BY TRANSPORTERSQuestion & Answer
 Description: Transporters consolidating wastes with the same DOT descriptions at a transfer facility are not required to remanifest the waste, and are not subject to generator standards. Containers empty per 261.7 are not subject to regulation.
 
01/01/1983MANIFEST DISCREPANCY VS. UNMANIFESTED WASTEQuestion & Answer
 Description: If any information required by 262.21 is not on the manifest, the waste is considered unmanifested. The difference between the quantity or type of waste designated on the manifest and the quantity or type of waste received at the facility is a manifest discrepancy (SEE ALSO: current 264.72, 264.76).
 
12/01/19821981 ANNUAL REPORTQuestion & Answer
 Description: Facilities in Missouri were required to submit 1981 annual reports to EPA Region VII, not to the state.
 
12/01/1982GENERATOR ACCUMULATION AREA AND PART B PERMIT APPLICATIONQuestion & Answer
 Description: The owner or operator of a TSDF that is also a generator does not have to include information on their generator accumulation area in their Part B permit application.
 
12/01/1982GENERATOR ID NUMBERSQuestion & Answer
 Description: A generator who does not treat, store, dispose, transport, or offer for transport hazardous waste does not need an EPA ID number. Generators who accumulate waste according to 262.34 need EPA ID numbers because accumulation is a form of storage, even if the waste is subsequently discharged to the sewer.
 
08/31/1982ACCUMULATION OF HAZARDOUS WASTE IN TANKS (90-DAY)Memo
 Description: Generators may accumulate hazardous waste in tanks or containers for 90 days or less without a permit or interim status. EPA considers generator accumulation to be incidental to their operations. Provides guidance on defining an empty tank.
 
07/07/1982FARMER EXEMPTION INTERPRETATIONMemo
 Description: A university research farm qualifies as a farm for purposes of 262.51 (SUPERSEDED: see 262.70), and is eligible for the farmer exclusion. Addresses the rationale for the farmer exemption.
 
07/01/1982SUBMITTAL OF ANNUAL REPORTQuestion & Answer
 Description: Generators and facility owners or operators in unauthorized states are not required to meet the federal annual reporting requirements until the Office of Management and Budget approves the forms.
 
02/01/1982SMALL QUANTITY GENERATOR VS. TOTALLY ENCLOSED TREATMENT UNITQuestion & Answer
 Description: Waste generated in a Totally Enclosed Treatment Unit (TETU) is not counted until it exits the unit.
 
01/17/1982PAINT FILTER WASTEMemo
 Description: A generator counting quantity determination for spent spray booth filters includes the weight of the filter and paint. The filter, paint, and waters used to treat filters are hazardous waste if characteristic.
 
09/29/1981STATES’ ROLE IN ASSIGNING EPA IDENTIFICATION NUMBERSMemo
 Description: Unauthorized states are encouraged to assist EPA in assigning ID numbers. EPA encourages states that issue their own ID numbers to adopt EPA’s numbering system. Facilities may obtain an EPA ID number if they are handling waste only regulated by the state (not EPA). Discusses the ID number issuing process.
 
09/18/1981PESTICIDES CONTAINING A 261.33(E) COMPOUND AS A SOLE ACTIVE INGREDIENTMemo
 Description: Diluted Aldicarb (P070) solution is disposal of product if it is the sole active ingredient. A commercial applicator may mix, apply, rinse, and dispose of pesticide on farmer property if follows label. The farmer exemption does not apply to an off-site shipment for disposal or if on-site disposal of other farmer’s pesticides.
 
09/17/1981GENERATOR LIABILITY (7003)Memo
 Description: EPA typically does not enforce against a generator for the mishandling of hazardous waste by a designated facility. Discussion of generator liability. Legal action under 7003, other environmental laws, or common law is possible. Part of the generator responsibility is to ascertain that the destination facility is permitted to handle the waste.
 
06/18/1981GRAY IRON FOUNDRY WASTE DISPOSALMemo
 Description: Two waste streams that are mixed together must be evaluated separately for hazardous waste identification. Mixed characteristic wastes that lose their characteristic are not hazardous. Listed waste must be delisted by petition. Existing characteristic waste treatment permit is valid when the waste becomes listed.
 
05/20/1981APPLICABILITY OF GENERATOR REGULATIONS TO ON-SITE CONTRACTORSMemo
 Description: An on-site contractor removing hazardous waste from tanks, vehicles, and vessels qualifies as a generator. The contractor may be jointly and severally liable with other cogenerator for compliance with applicable regulations.
 
12/02/1980LIABILITY OF A SERVICING COMPANY AS A GENERATOR OF HAZARDOUS WASTEMemo
 Description: When hazardous wastes are generated in the servicing of equipment, both the equipment owner and the person servicing the equipment are generators (i.e., cogenerators), and both are jointly and severally liable for performing the part 262 generator responsibilities.
 
11/26/1980PROGRAM IMPLEMENTATION GUIDANCE ON ISSUANCE OF PROVISIONAL EPA I.D. NUMBERSMemo
 Description: Provisional identification numbers may be issued to generators or transporters at the discretion of the Regions. Officials may also waive the ID number requirement for generators and transporters responding to discharges of hazardous waste.
 
11/18/1980GENERATOR DETERMINATION- CONTRACTORS AND SUBCONTRACTORSMemo
 Description: Owner, operator, contractor, and subcontractor are generators (cogenerators) and are jointly and severally liable for complying with the generator standards. EPA prefers one party to assume the generator responsibilities.
 
11/17/1980RAILROAD TIES AS HAZARDOUS WASTES UNDER THE MIXTURE RULE, SMALL QUANTITY GENERATORMemo
 Description: Products that contain listed CCPs, such as railroad ties or asbestos insulation, are not listed CCPs when they are discarded. The mixture rule applies to CCPs being mixed with solid wastes. The point of generation for a CCP is “instantly when the act of discarding takes place.” Incorporating CCPs like creosote and asbestos into a product is not mixing with solid waste. A company with several operations on one site is a single generator. Even if each operation qualified as an SQG, the total site waste production may make all operations LQGs. If a facility is an LQG, all wastes must be handled as LQG waste, even wastes that are produced in small quantities or intermittently (SUPERSEDED: see current 261.5, 262.34(d)).
 
11/17/1980SMALL QUANTITY GENERATOR APPLIES TO AGGREGATE AMOUNT OF WASTES GENERATED AT A FACILITYMemo
 Description: If an aggregate of all the wastes generated at one facility exceeds the LQG limit, then all wastes must be handled under the LQG regulations (SEE ALSO: current 261.5).
 
11/17/1980WASTES FROM STORAGE OF PETROLEUM PRODUCTSMemo
 Description: Bottom sediments, water wastes, and spilled material and mixtures from the storage of petroleum products are hazardous waste (HW) if they are listed, mixed with listed HW, or characteristic. Appendix VIII is used only for determining if a waste should be listed by the Agency, not for generator determination.
 
11/03/1980REGISTRATION AS A WASTE TREATMENT FACILITYMemo
 Description: Requirements to notify EPA regarding Part 262 is independent of the notification requirements for Part 270.
 
09/04/1980DRILLING OPERATIONS, EXEMPTION OF CERTAIN WASTE FROMMemo
 Description: The exclusion in 261.4(b)(5) applies to only oil, natural gas, or geothermal exploration. Similar wastes from other operations may be regulated if they are characteristic. Generators may apply knowledge in lieu of testing.
 
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Show details for Native Americans - TribesNative Americans - Tribes
Show details for Natural GasNatural Gas
Show details for Nonhazardous WasteNonhazardous Waste
Show details for OilOil
Show details for Oil FiltersOil Filters
Show details for P-wastesP-wastes
Show details for PCBsPCBs
Show details for Permits and PermittingPermits and Permitting
Show details for PetitionsPetitions
Show details for Petroleum Refining WastesPetroleum Refining Wastes
Show details for Polychorinated Biphenyls (PCBs)Polychorinated Biphenyls (PCBs)
Show details for Post-closure (hazardous waste)Post-closure (hazardous waste)
Show details for ProcurementProcurement
Show details for Public ParticipationPublic Participation
Show details for Radioactive Mixed WasteRadioactive Mixed Waste
Show details for Reactive WastesReactive Wastes
Show details for RecyclingRecycling
Show details for Reducing WasteReducing Waste
Show details for Siting (waste facilities)Siting (waste facilities)
Show details for Small Quantity Generators (SQG)Small Quantity Generators (SQG)
Show details for Solid WasteSolid Waste
Show details for SolventsSolvents
Show details for Source ReductionSource Reduction
Show details for Special WastesSpecial Wastes
Show details for State Programs (RCRA)State Programs (RCRA)
Show details for StorageStorage
Show details for Surface ImpoundmentsSurface Impoundments
Show details for TanksTanks
Show details for Test MethodsTest Methods
Show details for Toxicity CharacteristicToxicity Characteristic
Show details for TransportersTransporters
Show details for TreatmentTreatment
Show details for TSDFsTSDFs
Show details for U-wastesU-wastes
Show details for Underground Storage Tanks (UST)Underground Storage Tanks (UST)
Show details for Universal WasteUniversal Waste
Show details for Used OilUsed Oil
Show details for VariancesVariances
Show details for Waste Determinations for Combusted Non-Hazardous Secondary MaterialsWaste Determinations for Combusted Non-Hazardous Secondary Materials
Show details for Waste MinimizationWaste Minimization
Show details for Waste PilesWaste Piles
Show details for Waste ReductionWaste Reduction
Show details for Wood Preserving WastesWood Preserving Wastes
Show details for (Not Categorized)(Not Categorized)
For more information on commonly used environmental terms please visit the Terms of the Environment EPA Home Page

 

 
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