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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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Hide details for Mixed Waste (radioactive waste)Mixed Waste (radioactive waste)
08/09/2001LAND DISPOSAL RESTRICTIONS TREATMENT STANDARD FOR DISCARDED RADIOACTIVE CONTAMINATED LEAD ACID BATTERIESMemo
 Description: The appropriate LDR treatment method for radioactively contaminated lead acid batteries is macroencapsulation. Macroencapsulation applies not only to lead shielding, but to other elemental forms of lead. This technology will require less worker exposure than lead recovery (i.e., smelting) of radioactive batteries. Lead recovery would also radioactively contaminate the entire mass lead that was recovered, making it unusable.
 
05/01/2001Environmental Fact Sheet: Low-Level Mixed Waste Conditionally Exempt from Hazardous Waste RegulationPublication
 Description: This fact sheet discusses the Agency's exemption of LLMW from some RCRA storage and treatment regulations, and LLMW or eligible NARM from RCRA hazardous waste transportation and disposal regulations. These wastes are exempt from RCRA Subtitle C requirements, including permitting, provided they meet specific conditions. The exempt wastes must then be managed as radioactive waste in accordance with NRC or NRC Agreement State regulations.
 
03/10/2000PERMITTING OF MOLTEN SALT OXIDATION PROCESSMemo
 Description: Miscellaneous unit regulations specify environmental performance standards. Permitting agency will specify terms and provisions from other sections of regulations as technical standards. EPA expects permit writer to look to new maximum achievable control technology (MACT) incinerator air emissions standards for miscellaneous unit. Spent salt from molten salt oxidation (MSO) process may be hazardous waste via derived-from rule. Permitting authority may require risk assessment be completed. Heavy metals are of concern since they are not destroyed by treatment. Units treating waste containing polychlorinated biphenyls (PCBs) may need RCRA and TSCA permits in order to operate. Mixed waste is dually regulated in most states by both EPA and Nuclear Regulatory Commission (NRC).
 
03/09/2000MIXED WASTE GRANTSMemo
 Description: Neither OSWER nor Office of Air and Radiation (OAR) are able to provide for contracts or grants with the Low-Level Radioactive Waste Forum.
 
11/01/1999THE FEDERAL FACILITY COMPLIANCE ACT AND DOE MIXED WASTE STORAGEQuestion & Answer
 Description: Expiration of three-year delay in effective date of waiver of sovereign immunity for RCRA 3004(j) violations may not affect DOE facilities currently storing mixed waste. Under RCRA 3021(b), DOE was required to submit either to EPA or to state regulatory officials a site treatment plan for developing mixed waste treatment capacity and technologies. As of January 1997, all of the treatment plans for the 35 DOE sites storing mixed waste had been approved by the appropriate regulators.
 
03/01/1999Environmental Fact Sheet: Advance Notice of Proposed Rulemaking for Options on Mixed Waste StoragePublication
 Description: This fact sheet announces EPA's Advance Notice of Proposed Rulemaking (ANPR) seeking comment on options for providing regulatory flexibility for commercial generators of mixed low-level radioactive waste (MLLW) during storage of these wastes.
 
02/09/1999STORAGE AND DISPOSAL OF MIXED TRANSURANIC WASTE (MTRU) Memo
 Description: EPA extended enforcement policy to address cases where mixed wastes are inadequately treated and stored illegally. Policy requires generators to use any treatment technology or disposal capacity available or face potential enforcement action. Mixed waste must be safely stored in compliance with EPA regulations (SEE ALSO: 63 FR 59989; 11/6/98).
 
09/01/1998MIXED WASTE STATUS OF NATURALLY RADIOACTIVE MATERIALS (NORM)Question & Answer
 Description: Naturally occurring radioactive materials (NORM) are materials whose natural radioactivity has been technologically enhanced. NORM is a subset of naturally occurring or accelerator-produced radioactive materials (NARM). Neither NORM nor NARM is regulated under the Atomic Energy Act (AEA), thus a NORM waste that is also a hazardous waste does not meet the definition of a mixed waste, and would only be regulated by RCRA.
 
07/27/1998REQUEST FOR DETERMINATION OF EQUIVALENT TREATMENT FOR MERCURY CONTAMINATED WASTE AT DOE FACILITYMemo
 Description: A request for a determination of equivalent treatment for mercury contaminated waste from a DOE facility. EPA agreed that RMERC was not appropriate for the mercury contaminated soil since the recovered mercury would be contaminated with radioactive material which would prohibit its reuse as elemental mercury. Instead, the facility must comply with replacement concentration-based treatment standards.
 
02/01/1998STORAGE OF MIXED WASTE IN VIOLATION OF RCRA SECTION 3004(J) STORAGE PROHIBITIONQuestion & Answer
 Description: EPA enforcement policy states that commercial facilities storing mixed waste in violation of the RCRA 3004(j) storage prohibition due to a lack of available treatment or disposal capacity are considered to be of low enforcement priority if the waste is managed in a responsible manner. Discusses the applicability to federal facilities. The second and latest extension of the policy is due to expire April 20, 1998 (policy extended until October 31, 1998; see 63 FR 17414; 4/9/98) (SEE ALSO: 64 FR 63464; 11/19/99).
 
12/01/1997STATE AUTHORIZATION AND THE REGULATION OF MIXED WASTEQuestion & Answer
 Description: The hazardous waste component of mixed waste is not regulated under federal RCRA program in base authorized states that have not been authorized to regulate mixed waste. The hazardous waste component may be regulated under state law.
 
05/21/1997SUSPENSION OF RCRA PERMITTING AT COMMERCIAL MIXED WASTE FACILITIESMemo
 Description: EPA agrees to make a final decision on relief for mixed wastes from nuclear power plants by April 30, 2001. EPA recommends a temporary suspension of requests for and processing of Part B applications and the issuance of RCRA permits at interim status mixed waste storage facilities. The suspension only applies if a facility not otherwise subject to permitting. The suspension does not affect the storage prohibition enforcement policy (SEE ALSO: 64 FR 63464; 11/19/99).
 
04/07/1997ISSUANCE OF FINAL HWIR-MEDIA RULEMemo
 Description: EPA has reached agreement with Edison Electric Institute to amend their consent decree regarding Hazardous Waste Identification Rules (HWIR). The deadline for promulgation of HWIR-waste is now April 30, 2001 (SEE ALSO: 64 FR 63382; 11/19/99). The agreement also commits EPA to issue a final rule for HWIR-Media by June 30, 1998 (HWIR-Media finalized 63 FR 65873; 11/30/98). EPA’s policy of treating violations of land disposal storage restrictions (Section 3004(j)) with reduced, federal, enforcement priority for small volumes of mixed waste, is effective through April 1998. Prior to expiration of this policy EPA will determine whether an extension is warranted. The policy does not apply to any mixed waste for which treatment is currently available, or becomes available during the term of the policy (SEE ALSO: 64 FR 63464; 11/19/99).
 
04/07/1997REPROPOSAL OF HWIR WASTE RULE AND COMMERCIAL MIXED WASTESMemo
 Description: EPA will sign notice of proposed rulemaking by October 31, 1999, for the Hazardous Waste Identification Rule for Waste (HWIR-waste) (SEE ALSO: 64 FR 63382; 11/19/99). HWIR-waste will seek comment on, among other things, an exemption from hazardous waste disposal regulation, and other regulatory relief as appropriate, for commercial mixed waste (SEE ALSO: 64 FR 63464; 11/19/99). EPA plans to finalize a decision by April 30, 2001. EPA will recommend suspension of Part B permit collection for plants subject to the Atomic Energy Act (AEA) which need the permit solely for on-site storage of mixed waste. Such plants will remain subject to interim status standards. EPA may need to extend the storage prohibition enforcement policy for mixed waste.
 
04/01/1997TREATMENT STANDARDS FOR D008 RADIOACTIVE LEAD TANKS AND CONTAINERSQuestion & Answer
 Description: D008 radioactive lead solids that are tanks or containers must be treated using macroencapsulation. The placement of waste in a container or tank is not considered macroencapsulation. The owner/operator may use an alternative treatment method if demonstrated to be an equivalent technology.
 
03/05/1997COORDINATION BETWEEN RCRA CORRECTIVE ACTION AND THE DECOMMISSIONING REQUIREMENTS OF THE NRC AT COMMERCIAL NUCLEAR PLANTSMemo
 Description: Decisions on when and how to proceed with RCRA corrective action are based on site-specific evaluations of the conditions at each site. Duplication or overlap between RCRA and NRC requirements should be minimized. Deferral of the commencement of corrective action until decommissioning of the nuclear power plant is complete would clearly be inappropriate if a long term and/or serious environmental problem is identified in the facility assessment. EPA's Mixed Waste Committee of the Inter-Agency Steering Committee On Radiation Standards (ISCORS) will be reviewing the coordination issue.
 
02/01/1997FREQUENTLY ASKED QUESTIONS ON MIXED WASTEQuestion & Answer
 Description: Mixed waste (MW) is waste with a hazardous waste component and a radioactive component. MW is jointly regulated by both RCRA and the Atomic Energy Act (AEA).MW is regulated by EPA, DOE, and the Nuclear Regulatory Commission (NRC). MW is typically generated by nuclear power plants, industrial sites, research labs, and medical institutions. MW is subject to the land disposal restrictions (LDR). If no special MW treatment standard is listed, MW is subject to the normal treatment standard for the waste code. AEA regulations take precedence over RCRA regulations when they conflict.
 
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
 
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).
 
04/01/1996Environmental Fact Sheet: Agency Extends Policy on Reduced Enforcement Priority For Storage of Mixed Waste for Which Treatment Technology or Storage Capacity Does Not ExistPublication
 Description: This fact sheet announces a limited 2-year extension of the policy on enforcement of RCRA Section 3004(j) storage prohibition at facilities generating mixed radioactive and hazardous waste, effective April 21, 1996. The policy covers only those wastes for which no commercial treatment technology or storage exists.
 
03/25/1996EPA'S ASSESSMENT OF WHETHER AN UNUSED CHEMICAL AND THE RESULTING SPENT MATERIAL ARE HAZARDOUS WASTE AND/OR MIXED WASTEMemo
 Description: Potassium hexacyanocobalt (II) - ferrate (II) that is used as an ion exchange medium to remove cesium from a wastestream is not a listed hazardous waste before or after use. Media are unlikely to exhibit a characteristic before use. If media exhibit a characteristic after use, they would be radioactive mixed wastes.
 
02/08/1996APPLICABILITY OF LAND DISPOSAL RESTRICTIONS TO WIPP-DESTINED TRANSURANIC MIXED WASTEMemo
 Description: Land disposal restrictions no migration demonstration is not necessary for waste destined for disposal at the Waste Isolation Pilot Plant (WIPP). Compliance with AEA and WIPP Compliance Criteria adequately protects human health and the environment. Risks specific to hazardous waste during the operational phase of WIPP can be addressed through RCRA permit requirements. Miscellaneous unit standards require the prevention of releases that may cause adverse effects.
 
09/19/1995EPA'S DETERMINATION ON WHETHER MACROENCAPSULATION PROCESS ADDRESSES THE REQUIREMENTS OF 40 CFR SECTION 268.45, TABLE 1Memo
 Description: The definition of “macroencapsulation” is different for radioactive lead solids and debris. Debris macroencapsulation may include a tank or container. Merely placing debris in a container is not “macroencapsulation” unless the container is of non-corroding material (stainless steel).
 
09/13/1995IS THE CHEMICAL POTASSIUM HEXACYANOCOBALT (II)-FERRATE (II), USED AT A DOE NUCLEAR PLANT, CONSIDERED A ""MIXED WASTE"" UNDER RCRA?Memo
 Description: Potassium hexacyanocobalt (II) - ferrate (II) that is used as an ion exchange media to remove cesium from a wastestream is not a listed waste. Potassium hexacyanocobalt (II) - ferrate (II) is unlikely to exhibit ignitability (D001) or corrosivity (D002). If it exhibits a characteristic, it may be radioactive mixed waste.
 
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.
 
11/22/1993RCRA HAZARDOUS WASTE DETERMINATION OF SPENT NUCLEAR REACTOR FUELSMemo
 Description: The Naval Nuclear Propulsion Program’s (NNPP) spent reactor fuel does not exhibit any characteristics of hazardous waste. Discusses the application of the TCLP to radioactive mixed waste.
 
01/08/1993IMPACT OF FEDERAL FACILITIES COMPLIANCE ACT (FFCA) ON A DOE LDR CASE-BY-CASE EXTENSION APPLICATIONMemo
 Description: Discusses the impact of the Federal Facilities Compliance Act (FFCA) on DOE's application for a case-by-case extension for Third Third radioactive mixed wastes. EPA questions the need to process the application in light of FFCA's delay of waiver of sovereign immunity.
 
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.
 
05/01/1992LEAD USED AS SHIELDING IN LOW-LEVEL RADIOACTIVE WASTE DISPOSALQuestion & Answer
 Description: Lead and lead-lined containers used to dispose of low level radioactive waste are not solid wastes and are not regulated as mixed waste if their primary use is for shielding in the disposal operations.
 
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.
 
09/04/1991RCRA ARAR DETERMINATION AT MAXEY FLATS SUPERFUND SITEMemo
 Description: Vials containing waste radioactive scintillation cocktails using xylene or toluene as a reaction medium are F003 and/or F005 if they meet the applicable solvent percentage thresholds (SEE ALSO: RPC# 3/1/89-04). If they are listed or characteristic, the cocktails must be managed as RCRA hazardous wastes.
 
04/30/1991LEAD SHIELDING FOR RADIOACTIVE WASTE IS A RCRA SOLID WASTEMemo
 Description: Clarification of when lead shielding for radioactive waste is solid waste. Lead containers or container liners are not solid wastes when radioactive waste is disposed of if the lead shielding continues to fulfill intended use after disposal of radioactive waste.
 
04/16/1991GENERATOR 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.
 
02/12/1991TC APPLICABILITY TO MIXED WASTEMemo
 Description: Discusses the definition of mixed radioactive waste. Mixed waste was first subject to RCRA regulation in 1986. The toxicity characteristic does not apply to mixed waste in states with only RCRA base program authorization until the State revises its program and receives authorization for mixed waste. Discusses the status of mixed waste that fails the TCLP.
 
10/17/1990TREATMENT OF RADIOACTIVE WASTES AT HAZARDOUS WASTE PERMITTED TSDFMemo
 Description: A facility must be permitted to manage a specific type of radioactive mixed waste before treating that waste for land disposal. In a state authorized for mixed waste but not authorized for the land disposal restrictions (LDR), the facility could apply to the State or EPA for the necessary permit modifications.
 
09/28/1990LAND DISPOSAL RESTRICTIONS EFFECT ON STORAGE/DISPOSAL OF COMMERCIAL MIXED WASTEMemo
 Description: The hazardous component of mixed waste is regulated under RCRA therefore subject to land disposal restrictions (LDR) treatment standards. Discusses the overview of radioactive mixed waste, the storage prohibition, state authorization, and mixed waste (SEE ALSO: 64 FR 63464; November 19, 1999). Discusses the mixed waste national capacity variances, no-migration petitions, variances from treatment standard, and dilution prohibition.
 
07/30/1990SUBMARINE REACTOR COMPARTMENTS - LAND DISPOSAL RESTRICTIONSMemo
 Description: Lead reactor compartments may meet the land disposal restrictions (LDR) treatment standard of macroencapsulation for D008, radioactive lead solids as generated. Compliance with the technology-based standard does not require that waste undergo TCLP analysis.
 
01/16/1990REGULATION OF RADIOPHARMACEUTICALS UNDER THE MEDICAL WASTE TRACKING ACTMemo
 Description: Radioactive decay is treatment of radioactive component of radiopharmaceutical but is not treatment of the infectious portion. A facility that recovers residual radiopharmaceutical materials is an intermediate handler (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
12/26/1989INTERPRETATIONS OF THE EPA MEDICAL WASTE REGULATIONS (NUMBERS 24-39)Memo
 Description: Medical waste Qs and As, fourth set (numbers 24-35: syringes in integral sheaths; compaction; stocks of infectious agents; preprinted tracking forms; no storage time limit; hazardous waste-medical waste mixture; regulated medical waste containing radioactive waste subject to Nuclear Regulatory Commission and Part 259) (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
10/15/1989INTERIM STATUS REQUIREMENTS FOR NRC LICENSEES MANAGING RADIOACTIVE MIXED WASTE, CLARIFICATIONMemo
 Description: Discusses the applicability of radioactive mixed waste regulations to interim status facilities, and guidance on obtaining interim status for mixed waste management in unauthorized states. Mixed waste TSDF owners in unauthorized states must be in existence as of July 3, 1986, and must submit a Part A application by March 24, 1989. Land disposal facility owners must submit a Part B permit by September 24, 1989.
 
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.
 
03/13/1989COMBINED NRC-EPA SITING GUIDELINES FOR DISPOSAL OF COMMERCIAL MIXED LOW-LEVEL RADIOACTIVE AND HAZARDOUS WASTEMemo
 Description: Dual authority exists between EPA and the Nuclear Regulatory Commission (NRC) over radioactive mixed waste. Discusses the combined NRC/EPA siting guidelines.
 
03/01/1989MIXED WASTE AND LAND BANQuestion & Answer
 Description: First third wastes mixed with radioactive wastes are not subject to the land disposal restrictions (LDR) until third third’s effective date. California list solvent and dioxin wastes mixed with radioactive wastes are subject to LDR (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97). Mixed waste is not subject to LDR in an authorized state that is not authorized to regulate mixed waste.
 
03/01/1989SPENT SOLVENTS IN SCINTILLATION COCKTAILSQuestion & Answer
 Description: Xylene in scintillation cocktails is used as a reaction medium. A used scintillation cocktail meets the F003 listing when spent. Explains the use of scintillation cocktails.
 
07/12/1988NOTICE CLARIFYING THE AVAILABILITY OF INTERIM STATUS FOR FACILITIES IN UNAUTHORIZED STATES HANDLING RADIOACTIVE MIXED WASTE - TRANSMITTAL MEMOMemo
 Description: Radioactive mixed waste is subject RCRA. Facilities in unauthorized states can qualify for managing mixed waste. Authorized states must amend their state programs to obtain the authority to regulated mixed waste.
 
06/13/1988MIXED WASTE DISPOSAL FROM RADIOACTIVE MATERIALS MANUFACTURING OPERATIONSMemo
 Description: There is no disposal capacity or treatment technologies available for radioactive mixed waste. Therefore, storage may be the only waste management option for mixed waste (SEE ALSO: RPC# 9/28/90-01). Mixed wastes are not subject to federal regulation until a state obtains authorization to regulate the hazardous component of mixed waste.
 
06/13/1988SMALL-VOLUME MIXED WASTE LABORATORY GENERATED MATERIALS AND LEADMemo
 Description: There is no disposal capacity or treatment technologies available for radioactive mixed waste. Therefore, storage may be the only waste management option for mixed waste (SEE ALSO: RPC# 9/28/90-01). Mixed wastes are not subject to federal regulation until a state obtains authorization to regulate the hazardous component of mixed waste.
 
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.
 
01/13/1988LIQUID SCINTILLATION COCKTAIL SOLUTION PRODUCT, READY SAFEMemo
 Description: The liquid scintillation cocktail product, Ready Safe, is not a listed hazardous waste and does not appear to exhibit any characteristics (SEE ALSO: RPC# 3/1/89-04). Radioactivity is not presently a hazardous waste characteristic or listing criterion.
 
01/01/1988DISPOSAL OF MIXED RADIOACTIVE AND HAZARDOUS WASTEQuestion & Answer
 Description: Radioactive mixed waste is not regulated until a state is authorized for mixed waste. A mixed waste landfill is a solid waste management unit (SWMU), and 3004(u) would apply to the unit. If a mixed waste disposal unit was inactive prior to the date chosen to be interim status by the state, the unit might not be subject to RCRA unless it was subsequently managed (active management) or unless the state “grandfathered” such units. If the unit is active on the interim status date, the facility must submit a Part A permit application. A state RCRA program can be broader in scope than the federal program.
 
11/12/1987REGULATION OF RADIOACTIVE MIXED WASTE AT DEPARTMENT OF ENERGY FACILITIESMemo
 Description: TSDFs in states authorized for radioactive mixed waste have six months from the date of the state’s authorization to submit a Part A.
 
10/02/1987EXTENSIONS TO STORAGE PROHIBITION AND LAND DISPOSAL RESTRICTIONSMemo
 Description: Discusses a request for a case-by-case extension of the effective date of land disposal restrictions (LDR) for low-level radioactive mixed waste that is to be incinerated. RCRA does not allow an extension of the effective date of the 3004(j) storage prohibition (SEE ALSO: 64 FR 63464; 11/19/99).
 
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.
 
08/03/1987JOINT NRC-EPA GUIDANCE ON AN APPROACH FOR COMMERCIAL MIXED LOW-LEVEL RADIOACTIVE AND HAZARDOUS WASTE DISPOSAL FACILITIESMemo
 Description: Provides joint Nuclear Regulatory Commission (NRC) - EPA guidance on a conceptual design approach for commercial mixed low-level radioactive and hazardous waste disposal facilities (i.e. landfills).
 
07/30/1987MIXED WASTE REGULATIONMemo
 Description: Hazardous waste is subject to RCRA even if it is contained in a mixture that includes radionuclides. Discusses the deadlines and program revision requirements for states to obtain radioactive mixed waste authorization and the applicability of interim status to facilities in existence on the effective date of the mixed waste regulation. DOE regulations apply only to the actual radionuclides. The Atomic Energy Act (AEA) takes precedence over RCRA (NOTE: THIS IS THE SAME MEMO AS RPPC 9541.00-6).
 
07/30/1987STATE PROGRAM ADVISORY #2 - RCRA AUTHORIZATION TO REGULATE MIXED WASTEMemo
 Description: Hazardous waste is subject to RCRA even if it is contained in a mixture that includes radionuclides. Discusses the deadlines and program revision requirements for states to obtain radioactive mixed waste authorization and the applicability of interim status to facilities in existence on the effective date of mixed waste regulation. DOE regulations apply only to the actual radionuclides. Atomic Energy Act (AEA) takes precedence over RCRA (NOTE: THIS IS THE SAME MEMO AS RPPC 9441.1987(102)).
 
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).
 
06/26/1987TREATMENT AND DISPOSAL METHODS FOR LOW-LEVEL WASTES THAT CONTAIN UNCONTAMINATED OR RADIOACTIVE LEADMemo
 Description: Activated lead may be stored to allow radioactive decay prior to disposal as a hazardous waste. Mixed waste storage requires a permit. Surface-contaminated lead may be decontaminated. EPA may establish below regulatory concern (BRC) levels for radiation. Container liners used as shielding in low-level waste disposal are not RCRA-regulated. Encapsulation may be a viable treatment for lead wastes if the process results in a product that will not degrade after disposal (SEE ALSO: 64 FR 63464; 11/19/99).
 
06/01/1987GROUNDWATER MONITORING FOR RADIONUCLIDESQuestion & Answer
 Description: An interim status disposal facility must monitor for drinking water parameters, including gross Alpha radiation (a radionuclide) during the first year. Part 265 regulations do not contain requirement to monitor for radionuclides beyond the first year.
 
06/01/1987HIGH-LEVEL, TRANSURANIC, AND LOW-LEVEL RADIOACTIVE MIXED WASTEMemo
 Description: The 7/3/86 Federal Register (51 FR 24504) allows states to be authorized to regulate radioactive mixed waste, including any radionuclide regulated by the Atomic Energy Act. The DOE by-product rulemaking states that the non-radioactive hazardous component is subject to RCRA (52 FR 15937; 5/1/87).
 
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.
 
03/03/1987REGULATORY 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.
 
12/19/1986MIXED RADIOACTIVE HOSPITAL WASTES AND THE DOMESTIC SEWAGE EXCLUSIONMemo
 Description: Radioactive waste being sent through a sewer system to a POTW is excluded from regulation through the domestic sewage exclusion.
 
10/20/1986STATE AUTHORIZATION TO REGULATE HAZARDOUS COMPONENTS OF RADIOACTIVE MIXED WASTESMemo
 Description: Until an authorized state is authorized for radioactive mixed waste, handlers of such wastes are not subject to RCRA. Mixed waste is a solid waste for purposes of corrective action. States applying for HSWA corrective action authorization must also get authorized for mixed waste.
 
10/14/1986REGULATION OF HAZARDOUS COMPONENTS OF RADIOACTIVE MIXED WASTEMemo
 Description: Mixed waste contains a hazardous component subject to RCRA and a radioactive component subject to the Atomic Energy Act (AEA). RCRA allows the disposal of mixed waste at facilities handling other radioactive wastes. States may enter into cooperative agreements. A discussion of mixed waste authorization.
 
09/06/1986ON-SITE INCINERATION OF A WASTE THAT IS BOTH A BY-PRODUCT MATERIAL AND HAZARDOUSMemo
 Description: The effect of the state authorization requirements on the regulation of a radioactive mixed waste (SUPERSEDED: see 261.4(a)(4), Part 271).
 
08/11/1986SCINTILLATION VIALS CONTAINING D001 WASTES, MANAGEMENT OFMemo
 Description: A RCRA facility that intends to manage waste that is not identified on a Part A must submit a change in interim status or a permit modification. If the facility is not changing wastes handled or units or processes in which wastes are handled, no amendment is necessary. Radioactive mixed waste is not subject to the Atomic Energy Act (AEA) requirements if the radioactive component is below regulatory concern.
 
07/03/1986JURISDICTION AND REGULATION OF MIXED WASTE MANAGEMENT INCLUDING INCINERATION AND LOCATION CRITERIAMemo
 Description: An overview of the hazardous waste component of mixed waste subject to RCRA. Incineration must meet requirements under RCRA, Clean Air Act (CAA), and Atomic Energy Act (AEA). A discussion of the state authorization of mixed waste. The Nuclear Regulatory Commission will regulate low-level radioactive waste.
 
06/02/1986BYPRODUCT MATERIAL AND MIXED WASTE, AEA AND DOE INTERFACEMemo
 Description: The Atomic Energy Act (AEA) definition of byproduct material is not definitive. Waste streams must be judged on a case-by-case basis. All radioactive mixed waste are subject to RCRA. Mixed waste units are corrective action solid waste management units (SWMUs) even if state is not authorized for mixed waste. Mixed waste units are not regulated in an authorized state until the state is authorized for mixed waste.
 
05/08/1986CORRECTIVE ACTION/PERMIT ISSUES - U.S. ARMY - ABERDEEN PROVING GROUNDSMemo
 Description: An overview of corrective action permitting at federal facilities. A discussion of the definition of a facility. The owner of federal lands is the department or agency. Unexploded ordnances on target practice ranges are not considered discarded or a solid waste (SEE ALSO: 62 FR 6622; 2/12/97). The section 3004(u) solid waste management units (SWMUs) may be underwater. Discusses the mixed waste regulation (SEE ALSO: 51 FR 24504; 7/3/86, and 52 FR 15937; 5/1/87).
 
04/12/1986BYPRODUCT MATERIAL, DEFINITION OFMemo
 Description: A summary of the definition of by-product material under the Atomic Energy Act (AEA). Radioactive mixed waste is considered a solid waste for purposes of corrective action at solid waste management units (SWMUs).
 
08/30/1985MIXED WASTES AT DOE FACILITIES, REGULATION OFMemo
 Description: States could not become authorized for radioactive mixed waste regulation until EPA issued its interpretation of mixed waste issue (SEE ALSO: 53 FR 37045; 9/23/88). When a state is authorized for RCRA, EPA and states issue permits due to HSWA joint permitting. Joint permit applications go to State and EPA. RCRA applies to DOE facilities handling mixed wastes. A discussion of mixed waste permitting in authorized v. unauthorized states. Mixed wastes are wastes that have both radioactive and hazardous characteristics but that are not byproduct material. Mixed waste is subject to RCRA if mixed with RCRA wastes after generation.
 
05/10/1985MIXED WASTE (DOE FACILITIES), DEFINITION OFMemo
 Description: Byproduct material is not subject to RCRA. Mixed waste (radioactive wastes that are not byproducts) that exhibits a characteristic or contains a listed waste is subject to RCRA control. Mixed DOE land disposal facilities must follow section 3005(e)(2) by certifying compliance with the groundwater monitoring requirements and submitting a Part B permit application even if they combine their hazardous wastes after its generation with exempt radioactive wastes.
 
09/13/1984RADIOACTIVE WASTE EXEMPTION IN NORTH AND SOUTH CAROLINAMemo
 Description: Radioactive mixed waste falls under subtitle C regulation (SEE ALSO: RPC# 10/14/86-01). States are not required to regulate nuclear materials excluded from RCRA or to regulate wastes containing naturally occurring radionuclides and accelerator-produced radioisotopes in order to get authorized.
 
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