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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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Hide details for Permits and PermittingPermits and Permitting
01/13/2012Hazardous Waste Treatment, Storage, and Disposal Facilities (TSDF) Regulations: A User-Friendly Reference Document for RCRA Subtitle C Permit Writers and PermitteesPublication
 Description: This document was developed to facilitate stakeholders' understanding of RCRA's permitting requirements. The tool gathers in one place publicly available permitting resources so that communities, permit writers, states and tribes can easily access them. These resources include permit appeals, proposed and final Federal Register Notices for Parts 264, 265, 266, 268, 270 and 124, flow charts of the permitting process, training modules, example permits, and links to the actual regulations.
 
03/05/2010PREPAREDNESS AND PREVENTION REQUIREMENTS FOR RCRA TSDFS (RESPONSE TO CHEMICAL SAFETY BOARD RECOMMENDATION 2007-01-I-NC)Memo
 Description: EPA recommends that TSDF permits explicitly require that owners and operators provide up-to-date written information, such as that in the facility contingency plan, to State Emergency Response Commissions (SERCs), Local Emergency Planning Committees (LEPCs), local fire departments, and other state and local emergency response authorities, as appropriate. This guidance recommends also that owners of RCRA TSDFs that already have permits, and those that are operating under interim status, follow this practice as well. This practice will ensure that state and local authorities and first responders have sufficient information for emergency preparedness, prevention, and response at RCRA hazardous waste TSDFs.
 
07/01/2005Environmental Fact Sheet: Hazardous Waste Permitting Process StandardizedPublication
 Description: This fact sheet discusses the final standardized permit rule that simplifies certain administrative procedures, and streamlines the permit renewal and modification processes. The new streamlined system reduces paperwork and saves states and industry more than $3 million a year while maintaining stringent hazardous waste management requirements.
 
06/01/2004REQUIREMENTS FOR CHARACTERISTIC SLUDGE REMOVED FROM A WASTEWATER TREATMENT UNITMemo
 Description: A treatment sludge from characteristic wastewaters in a WWTU must be managed as hazardous once it is removed from tank if it exhibits a characteristic. Such waste is subject to on-site storage, transportation, and LDR requirements. If a nonwastewater sludge does not exhibit a characteristic it is not subject to Subtitle C, but LDR may still apply. Treatment of a wastewater that results in a change to nonwastewater may be a change in treatability group and a new point of generation. If there has been a change in treatability group and the waste is no longer characteristic, LDR requirements do not apply.
 
03/01/2004IDENTIFYING GENERATOR UNITS ON A PART A PERMIT APPLICATIONMemo
 Description: Owners and operators not required to identify permit-exempt generator units in the Part A permit application. Generators may be required to identify their unit as solid waste management unit (SWMU) in Part B permit application. The definition of SWMU includes any discernible unit where wastes have been placed, including units at which solid wastes have been routinely and systematically released.
 
11/01/2003CLASS 1 PERMIT MODIFICATION TIME FRAMEMemo
 Description: Class 1 permit modifications that do not require prior Agency approval are effective immediately. If the Director finds a reason to reject a Class 1 permit modification, there is no set time frame for such an action. Class 1 permit modifications that do require prior Agency approval have no set time frame within which the implementing agency must issue a decision regarding the permit modification. A permittee can elect to follow the procedures for a Class 2 modification instead of a Class 1 modification, and the permittee is then assured that an Agency decision will be made within the established time frames for a Class 2 modification request (SEE ALSO: 53 FR 37912, 37915; September 28, 1988).
 
08/01/2003Making Permitting More Efficient and Effective Through the Use of Environmental Management SystemsPublication
 Description: This document discusses the role that Environmental Management Systems (EMSs) can play in the RCRA permitting process.
 
04/10/2003USE OF THE SITE-SPECIFIC RISK ASSESSMENT POLICY AND GUIDANCE FOR HAZARDOUS WASTE COMBUSTION FACILITIESMemo
 Description: EPA reiterates the appropriate use of the hazardous waste combustion site-specific risk assessment (SSRA) policy and the omnibus authority as it relates to the SSRA. SSRAs and technical guidance are not regulatory requirements. The SSRA policy was revised (SEE ALSO: 64 FR 52828, 52839; 9/30/99). SSRAs should only be required at facilities where there is reason to believe that operation in accordance with technical standards alone may not be protective. Permitting agencies should document the basis for a SSRA decision in the permit. Only the omnibus authority can require SSRAs. The permitting agency must respond to comments filed on a draft permit objecting to a SSRA and base its response on technical, factual, or legal facts. The permitting agency must include all supporting documentation, including comments, for a permit in the administrative record.
 
02/13/2003FINAL GUIDANCE ON COMPLETION OF CORRECTIVE ACTION ACTIVITIES AT RCRA FACILITIESMemo
 Description: Regions and authorized states make two types of determinations to acknowledge corrective action completion at RCRA facilities. "Corrective action completion with controls" is used where remedies require institutional or other controls for subsequent site use. "Corrective action completion without controls" is used where contamination is removed to levels requiring no further action or controls. EPA outlines general procedures to determine corrective action completion in both cases, but EPA and state agencies retain the discretion to adopt case-by-case approaches that differ from these procedures. EPA outlines procedures whereby agencies can make completion determinations for less than an entire facility (SEE ALSO: 68 FR 8757; 2/25/03)
 
10/03/2001GTX COMBUSTION FACILITYMemo
 Description: Under RCRA, facilities must obtain a permit prior to operating a hazardous waste combustion facility. States authorized to implement the federal RCRA permit program have the primary responsibility to ensure that each permit is protective and meets all necessary requirements. The permit issued to the GTX facility by the Louisiana Department of Environmental Quality (LDEQ) was rescinded and later overturned in Louisiana Courts. EPA, LDEQ and GTX have taken measures to add to the protectiveness of the facility’s permit, including upgrading existing combustion equipment, pre-trial and post-trial burn risk assessments, and hazardous waste burning limitations.
 
07/01/2001Risk Burn Guidance for Hazardous Waste Combustion FacilitiesPublication
 Description: This document contains the U.S. Environmental Protection Agency (EPA) Office of Solid Waste’s (OSW’s) recommendations regarding stack emissions tests which may be performed at hazardous waste combustion facilities for the purpose of supporting multi-pathway, site-specific risk assessments, where such a risk assessment has been determined to be necessary by the permit authority.
 
07/26/2000ISSUES RELATED TO PERMITTING OF WTI FACILITY IN OHIOMemo
 Description: EPA will give full consideration to Ombudsman’s investigation and recommendations on permit renewal of incinerator in Ohio. EPA brochure “Sensitive Environments and the Siting of Hazardous Waste Management Facilities” provides guidance that is not legally binding (SEE ALSO: EPA530-K-97-003). WTI’s expired permit continues in force until issuance or denial of state-issued RCRA permit. EPA has authority to terminate state-issued permit under certain conditions.
 
07/18/2000GENERATOR TREATMENT OF SOIL IN A CONTAINERMemo
 Description: Generators may treat wastes in accumulation tanks and containers as long as they comply with the provisions of 262.34. Generator treatment exemption may apply to treatment of hazardous waste cleanups (SEE ALSO: RPC# 10/14/98-01). Authorized state program may have more stringent requirements.
 
06/26/2000REGULATORY STATUS OF A SUMP ASSOCIATED WITH AN ELEMENTARY NEUTRALIZATION UNITMemo
 Description: Sump which meets definition of tank and is used in conveying hazardous wastewater to elementary neutralization unit (ENU) could be considered ancillary equipment to ENU and exempt from the requirements of Parts 264, 265, and 270. Authorized state program or Region must make site-specific determination.
 
04/01/2000POST-CLOSURE PERMIT RENEWALSQuestion & Answer
 Description: Owners and operators of land-based units that receive post-closure permits must renew permits every 10 years during post-closure care period. Owners and operators must submit information specified in 270.28 for post-closure permit renewal.
 
03/28/2000PLACEMENT OF SEWAGE SLUDGE ON FARMSMemo
 Description: Domestic sewage exclusion regulatory language elaborates on statutory language by adding to exclusion mixtures of domestic sewage and other wastes. Domestic sewage exclusion applies to wastes which mix with sanitary wastes in sewer system leading to POTW. Hazardous waste delivered to POTW by truck, rail, or dedicated pipe subjects POTW to permit-by-rule requirements. Mixture and derived-from rules apply to hazardous wastes that are not excluded.
 
03/10/2000PERMITTING 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).
 
02/02/2000GUIDANCE ON RCRA PERMIT RENEWALSMemo
 Description: RCRA permits have a fixed term not to exceed ten years. A facility with an effective permit must submit a new application 180 days before the expiration date for either an operating or post-closure permit. If the new permit is not in place prior to expiration, the facility must continue to comply with the exiting permit until the new permit takes effect. Includes guidance on oversight of permit renewals and tracking permit renewals for regions.
 
12/01/1999JOINT STATE AND FEDERAL PERMITS UNDER RCRAQuestion & Answer
 Description: EPA and state coordinate activities for joint HSWA and non-HSWA permit (RCRA 3006(c)(4)). EPA regional office and state may combine their parts of permit and issue TSDF a single document, or permit may be issued as two separate documents.
 
09/16/1999ADDRESSING ENVIRONMENTAL JUSTICE ISSUES IN RCRA PROGRAMSMemo
 Description: OSW requests regional RCRA contacts to address ongoing environmental justice (EJ) issues. OSW goals include addressing EJ issues during permitting process, developing EJ and public participation permitting network, providing guidance on integrating EJ and public participation, and increasing effectiveness of RCRA public participation (SEE ALSO: OSWER Directive 9200.3-17; September 21, 1994).
 
06/25/1999OSWER RESPONSE TO OIG FINAL REPORT, EPA CONTROLS OVER RCRA PERMIT RENEWALSMemo
 Description: OSW agrees to implement the recommendations of EPA’s Office of the Inspector General (OIG) on permit renewals. OSW intends to issue guidance memorandum for management of RCRA permit renewals to Regions and states.
 
05/01/1999SUBPART CC AND MISCELLANEOUS UNIT PERMITTINGQuestion & Answer
 Description: The EPA Region is responsible for writing the Subpart CC requirements into the miscellaneous unit’s permit in states authorized to implement Subpart X but not Subpart CC. Until the state receives authorization for provisions promulgated pursuant to HSWA, the EPA Region would write the provisions into the unit’s permit and would be responsible for the implementation of the HSWA provisions.
 
04/28/1999POST-CLOSURE RULE OPTIONS FOR ADDRESSING GROUNDWATER MONITORING FOR REGULATED UNITSMemo
 Description: EPA increased regulatory flexibility in addressing closure and groundwater monitoring for regulated units in Post-Closure rule (63 FR 56710; 10/22/98). Provisions provide regulators discretion to set out site-specific requirements in permit or other enforceable document.
 
04/06/1999IMPLEMENTATION OF THE HAZARDOUS WASTE COMBUSTION MACT RULEMemo
 Description: Maximum achievable control technology (MACT) fast track rule included streamlined RCRA permit modification procedures for changes necessary to comply with MACT. EPA encourages states to adopt streamlined modification procedures. States that have adopted streamlined modification procedures may implement them without final authorization from EPA beforehand. EPA policy is to not release rulemakings prior to being published in the Federal Register; EPA accepts involvement of stakeholders in developing implementation guidance.
 
03/26/1999APPLICABILITY OF COKE BY-PRODUCTS EXCLUSION TO COAL GASIFIERMemo
 Description: 261.4(a)(10) exclusion for recycling coke by-products in coke ovens, tar refiners, and tar recovery processes does not apply to coal gasifier unit. Coal gasifier may qualify as exempt recycling unit. Exempt recycling unit may need storage permit. Syngas may meet comparable fuels exclusion. Gasifier facility may obtain treatability study exemption, research, development, and demonstration permit, or petition for rulemaking change.
 
03/19/1999REVIEW OF BEVILL ISSUES RAISED IN MAGCORP'S DECEMBER 23, 1998 LETTER TO UTAH DEPARTMENT OF ENVIRONMENTAL QUALITYMemo
 Description: Scope of Bevill exemption for mining and mineral processing wastes does not include combined wastestream of all wastewaters from facility (SEE ALSO: RPC# 3/23/94-01). Laboratory wastes are not uniquely associated with mineral extraction, beneficiation, or processing (SEE ALSO: 63 FR 28556; 5/26/98). Aggregation of waste streams is not appropriate in determining Bevill status of wastes. Mixing hazardous waste with Bevill-exempt waste may require treatment permit (SEE ALSO: 63 FR 28597; 5/26/98).
 
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.
 
10/14/1998MANAGEMENT OF REMEDIATION WASTES UNDER RCRAMemo
 Description: This memo consolidates existing guidance on the RCRA regulations and policies that most often affect remediation waste management. It discusses, among other topics, the contained-in policy, the area of contamination (AOC) policy, corrective action management units (CAMUs) and temporary units (TUs), land disposal restrictions (LDR) applicability and the alternative standards for soils and debris, the treatability studies exemption, reinjection of contaminated groundwater (RCRA 3020(b)), and permit waivers (RCRA 7003) and emergency permits.
 
07/01/1998RCRA Organic Air Emission Standards for TSDFs and GeneratorsPublication
 Description: This document provides information about the requirements of RCRA organic air emission standards covered under 40 CFR Parts 264/265, subpart CC. It summarizes information about applicability, effective dates, tanks, surface impoundments, containers, miscellaneous units, inspection and monitoring requirements, and the difference between permitted and interim status facilities, and defines relevant terms.
 
06/02/1998MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) REGULATIONSMemo
 Description: The 1997 estimates show a reduction of dioxin/furan and mercury emissions from hazardous waste combustors as a result in part to the Hazardous Waste Combustion Strategy and the proposed maximum achievable control technology (MACT) standards. The “fast track” portion of the MACT rule contains waste minimization and pollution prevention requirements (SEE ALSO: 63 FR 33782; 6/19/98). The MACT proposal would require facilities to monitor emissions and conduct performance testing under the Clean Air Act requirements (SEE ALSO: 64 FR 52828; 9/30/99). The MACT floor standard is defined by the technologies used by the best performing (lowest emitting) 6 percent of sources for that hazardous air pollutant.
 
05/01/1998Environmental Fact Sheet: Final Standards for Hazardous Waste Combustors - Phase IPublication
 Description: Describes EPA's final standards for four items in the first phase of finalizing its proposal to revise the air emission standards for certain units that combust hazardous wastes (i.e., hazardous waste generators, hazardous waste burning incinerators, cement kilns, and lightweight aggregate kilns.
 
04/16/1998REQUIRED NOTIFICATION FOR TEMPORARY AUTHORIZATIONMemo
 Description: A facility seeking temporary authorization to implement changes prior to submitting a formal Class 2 permit modification must send a notice to persons on the facility mailing list within seven days of the request submission (270.42(e)(2)(iii)). Information supplied by the community may be considered in reviewing the authorization request.
 
04/01/1998LAND DISPOSAL UNITS AND LOSS OF INTERIM STATUSQuestion & Answer
 Description: Land disposal facilities (LDF) which obtained interim status prior to November 8, 1984, lost interim status on November 8, 1985, unless the owner/operator submitted a Part B application prior to November 8, 1985 and certified compliance with all applicable groundwater monitoring and financial responsibility requirements. LDFs that obtain interim status after November 8, 1984, lose interim status twelve months after the effective date of the statutory or regulatory change that subjected them to the permitting requirements, unless they submit a Part B before the twelve-month deadline and certify compliance with applicable groundwater monitoring and financial requirements.
 
03/26/1998CLARIFICATION OF THE TERM “DESIGNATED FACILITY” AS IT RELATES TO WASTEWATER TREATMENT UNITSMemo
 Description: Discusses the definition of designated facility. Wastewater treatment units (WWTUs) operating lawfully under federal and state law (even without a RCRA permit) qualify as designated facilities and can receive hazardous wastewater from off site. Wastes shipped from a state where the waste is considered hazardous to a state where the waste is not yet regulated can go to a designated facility that is not permitted or in interim status, as long as the facility is allowed by the state to receive such waste.
 
02/09/1998DISPOSAL CAPACITY IN THE UNITED STATES FOR CERTAIN HAZARDOUS WASTES INCLUDING DIOXIN BEARING WASTESMemo
 Description: The Laidlaw facility in Coffeyville, Kansas is the only permitted commercial facility in the U.S. able to accept and treat dioxin-bearing wastes. Due to a decrease in demand, Laidlaw may put the facility in “idling mode” for one year to determine if the demand will increase. EPA is not aware of other facilities seeking a permit to treat dioxin-bearing wastes.
 
09/01/1997GENERATOR STORAGE OF USED OILQuestion & Answer
 Description: Containers and tanks storing used oil do not need to comply with Parts 264/265, Subparts I or J, provided the used oil has not been mixed with a hazardous waste. Units other than tanks or containers (e.g., surface impoundments) storing used oil must be permitted or operating under interim status.
 
08/27/1997CLARIFICATION ON THE RCRA PERMITTING STATUS AND SOLID WASTE MANAGEMENT UNIT (SWMU) DESIGNATION OF STORMWATER RETENTION PONDSMemo
 Description: Stormwater retention ponds containing sediments that fail the TCLP are generally considered solid waste management units (SWMUs). SWMUs include any unit at a facility from which hazardous constituents might migrate, regardless of whether the units were intended for the management of solid or hazardous waste. Permitting and SWMU designations are site-specific.
 
07/07/1997PROPOSED CHANGES TO DEFINITION OF SOLID WASTEMemo
 Description: The Agency is actively considering a number of different options for proposing changes to the definition of solid waste, and currently assessing concerns about the in-commerce and transfer-based options. The streamlined permit will be moved forward on its own rulemaking schedule.
 
05/21/1997SUSPENSION OF RCRA PERMITTING AT COMMERCIAL MIXED WASTE FACILITIESMemo
 Description: EPA agrees to make a final decision on relief for mixed wastes from nuclear power plants by April 30, 2001. EPA recommends a temporary suspension of requests for and processing of Part B applications and the issuance of RCRA permits at interim status mixed waste storage facilities. The suspension only applies if a facility not otherwise subject to permitting. The suspension does not affect the storage prohibition enforcement policy (SEE ALSO: 64 FR 63464; 11/19/99).
 
05/02/1997MACT IMPLEMENTATION PROJECT’S (MIP’S) DRAFT COMPLIANCE PLANMemo
 Description: EPA released for public comment a compliance plan for the maximum achievable control technology (MACT) proposed standards called the public and regulatory notification of intent to comply (PRNIC) (SEE ALSO: PRNIC requirements finalized at 63 FR 33782; 6/19/98). The only enforceable aspects of the PRNIC are that it is submitted on time and that it is complete.
 
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.
 
03/20/1997APPLICABILITY OF LDR TO LAND TREATMENT OF HAZARDOUS WASTEMemo
 Description: Any hazardous waste that is subject to LDR must meet applicable treatment standards or qualify for a variance before it can be applied in a land treatment unit. Untreated waste may be placed in a land treatment unit if the unit has received a no-migration variance. Currently, only one no-migration variance has been granted to a land treatment facility. Permits that predate the LDR requirements do not shield the permittee or the facility from any of the LDR requirements.
 
03/10/1997APPLICABILITY OF THE DOMESTIC SEWAGE EXCLUSIONMemo
 Description: The domestic sewage exclusion extends to both listed and characteristic wastes which pass through sewer system to a publicly owned treatment works (POTW). Sewage is subject to CWA, and exempt from RCRA. Waste removed or leaked from a sewer line does not meet the conditions of the exemption. Releases from a sewage lines could be solid waste management units (SWMUs) or areas of contamination (AOCs). The definition of facility for corrective action is dependent on site-specific factors. Releases from SWMUs at permitted facilities are addressed under Sections 3004(u) or 3004(v) authority. Non-SWMU related releases, both within and beyond the facility boundary, are addressed under Section 3005(c)(3) omnibus permitting authority; releases at interim status facilities addressed under Section 3008(h) interim status corrective action orders. Domestic sewage is defined as untreated sanitary wastes that passes through a sewer system.
 
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).
 
03/01/1997GROUNDWATER MONITORING: APPENDIX IX SAMPLING AND OFF-SITE RELEASESQuestion & Answer
 Description: During groundwater monitoring, statistically significant evidence of a release of hazardous waste constituents from regulated units requires the owner or operator to immediately sample groundwater for Part 264, Appendix IX constituents. The owner or operator may demonstrate that the source of the release was off site, but must still sample for Appendix IX constituents if statistical method in permit validates evidence of release. A single failure of test does not necessarily constitute evidence. Owners or operators who wish to avoid sampling requirement for off-site releases may specify a statistical detection method which can indicate that release did not originate from the facility regulated units.
 
02/26/1997RCRA GROUNDWATER MONITORING REGULATIONSMemo
 Description: Part 261, Appendix VIII, lists chemicals shown in reputable scientific studies to have toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms. Part 264, Appendix IX, is made up of those compounds on Part 261, Appendix VIII ,for which it is feasible to analyze in groundwater, plus 17 chemicals routinely monitored for under Superfund. The groundwater protection standard (GWPS) is generally limited to Appendix VIII constituents. Appendix IX constituents not in Appendix VIII can be included in a facility’s GWPS by the omnibus authority of RCRA 3005(c)(3) if the Regional Administrator determines they pose a threat to human health or the environment. Removing an Appendix IX constituent from a facility’s GWPS requires a permit modification. Appendix IX constituents not in Appendix VIII are eligible for a variance or an alternate concentration limit (ACL).
 
01/17/1997USE OF THE CORRECTIVE ACTION ADVANCE NOTICE OF PROPOSED RULEMAKING AS GUIDANCEMemo
 Description: Discusses the history of the RCRA corrective action program (Sections 3004(u)), 3004(v), 3008(h), and 3005(c)(3) omnibus permitting authority). Subpart S Advanced Notice of Proposed Rulemaking (ANPR), published May 1, 1996 (61 FR 19432), introduces a strategy for improving corrective action through the Subpart S initiative, identifies principles and goals of programs, requests information to assist program improvements, gives program status report, and highlights flexibility of the current program. Although the ANPR is not regulation, EPA expects that it will be used as guidance.
 
11/27/1996PERMITTING AND LAND DISPOSAL REQUIREMENTS FOR MANAGEMENT OF CONTAMINATED SOIL WHICH IS HAZARDOUS OR CONTAINS HAZARDOUS WASTEMemo
 Description: Non-exempt remediation activities involving treatment of hazardous waste or media are subject to RCRA permitting even if the cleanup is under state requirements other than RCRA or CERCLA. States with permit waiver authority may waive the permit requirements for cleanups if the waiver is not used in a manner less stringent than that allowed under federal authority. If the state remediation standards are less stringent, waste must meet the LDR treatment standards before placement. The use of a corrective action management unit (CAMU) or area of contamination (AOC) concept will not trigger LDR requirements.
 
10/01/1996RESAMPLING AND GROUNDWATER MONITORING NOTIFICATION REQUIREMENTSQuestion & Answer
 Description: An owner or operator resampling groundwater after finding a statistically significant increase must submit any required permit modification within 90 days of resampling. No permit modification is required if resampling shows no release. Permit groundwater monitoring requirements in permits often require resampling and retesting procedures, results of statistical test are not interpreted until resampling or retesting is completed.
 
09/30/1996PROPOSED MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: The Maximum Achievable Control Technology (MACT) air emission standards will be issued under joint RCRA and Clean Air Act authority (SEE ALSO: 64 FR 52828; 9/30/99). EPA does not have any indication from the regional offices that they intend to impose the proposed MACT standards in permits. The use of the omnibus permit authority under RCRA 3005(c)(3) to incorporate the proposed standards as permit conditions would require site-specific justification and may not rest solely on the proposal of these limits as national standards.
 
09/23/1996APPLICABILITY OF RCRA REGULATIONS TO CHEMICAL FLOCCULATION UNITS WHEN USED TO TREAT WASH WATER FROM AIRCRAFT ENGINESMemo
 Description: A chemical flocculation unit treating cadmium contaminated wash water requires a hazardous waste treatment permit, unless the unit meets an exemption. If the unit is a tank meeting the definition of a wastewater treatment unit (WWTU), or a tank or container regulated as a generator accumulation unit, the unit is exempt from permitting. Treatment sludge generated in the unit must be managed as a hazardous waste if it exhibits a characteristic. Land disposal restrictions (LDR) apply to the treatment sludge and the original wash water.
 
09/01/1996Manual de Participación Publica de la RCRA (Spanish - RCRA Public Participation Manual; 1996 Edition)Publication
 Description: Spanish translation of RCRA Public Participation Manual; 1996 Edition.
 
06/06/1996RCRA Public Participation Manual; 1996 EditionPublication
 Description: This document provides an overview of the public involvement process and how to coordinate public involvement activities in the RCRA permitting and corrective action cleanup processes. The document also includes several appendices listing EPA and state contacts, a public participation checklist, and guidance and examples on public participation tools.
 
06/01/1996TANK STORAGE AT TRANSFER FACILITIESQuestion & Answer
 Description: A transporter may not store hazardous waste in stationary tanks at a transfer facility without a permit or interim status. Hazardous wastes at transfer facilities must be manifested, stored in containers meeting DOT requirements, and be held 10 days or less. Discussed the definition of container.
 
05/23/1996EPA'S IMPLEMENTATION OF THE HAZARDOUS WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: EPA can require combustion facilities to perform indirect exposure risk assessments under the omnibus authority (Section 3005(c)(3)). EPA does not require the use of a particular risk assessment model. In order to invoke the omnibus authority, EPA must show that additional requirements are necessary to protect human health and the environment. Discusses the scope and limitations of the omnibus provision. The Combustion Strategy does not impose regulatory requirements and is not subject to notice and comment. Discusses EPA rationale for targeting hazardous waste combustors under the Combustion Strategy. Facilities can challenge requests to perform a risk assessment (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
05/10/1996APPLICABILITY OF OMNIBUS AUTHORITY AND SITE SPECIFIC RISK ASSESSMENTS TO WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: The use of the omnibus authority (Section 3005(c)(3)) in implementing the Combustion Strategy is consistent with the original intent of statute and regulations. The strategy does not impose regulatory requirements, but is a statement of policy. EPA requires a site-specific risk assessment at hazardous waste combustion facilities prior to permit determination under omnibus authority because combustion regulations do not fully account for indirect exposure pathways (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
05/01/1996INTERPRETATION 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.
 
05/01/1996RESOLUTION OF RCRA ISSUES RELATING TO THE WOOD PRESERVING INDUSTRYMemo
 Description: Drip pad sumps can satisfy the wastewater treatment unit (WWTU) exemption if they are part of the facility’s wastewater treatment system, even though the wood preserving regulations require sumps to meet Subpart J tank standards. If a wood preserving facility qualifies as a conditionally exempt small quantity generator (CESQG), it is conditionally exempt from Parts 264/265, Subparts W and J requirements.
 
05/01/1996SURFACE IMPOUNDMENT RETROFITTING REQUIREMENTSQuestion & Answer
 Description: HSWA added requirements for minimum technological requirements (MTR) (Section 3004(o)), including double liners, leachate collection and removal systems, and groundwater monitoring for surface impoundments. Interim status surface impoundments in existence on November 8, 1984, had to retrofit to meet standards or close within four years. Existing impoundments newly subject to RCRA must retrofit or close in 4 years (Section 3005(j)). HSWA provided some variances for these retrofitting requirements.
 
04/10/1996MAXIMUM ACHIEVALBE CONTROL TECHNOLOGY (MACT) RULEMAKING FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: Improperly designed hazardous waste incinerators and cement and light weight aggregate kilns (BIFs) can pose a hazard. EPA signed the proposed MACT rule on March 20, 1996, (61 FR 17358; 4/19/96) to establish tough dioxin, mercury, and lead emission standards (SEE ALSO: 64 FR 52828; 9/30/99). The Agency will continue to use the omnibus permitting authority (270.32(b)(2) and 3005(c)(3)) to ensure protection on a site-specific basis. The Agency remains committed to developing tailored regulations in conjunction with the existing authorities for Bevill exempt cement kiln dust (CKD). Addresses the risks from CKD management identified in the CKD regulatory determination (60 FR 7366; 2/7/95). The decision affects all CKD, regardless of the fuel burned. The CKD program will be risk-based, flexible, and tailored to site-specific conditions.
 
04/01/1996ABILITY OF A HAZARDOUS WASTE BURNING BIF TO SPIKE METALS AND USE OF TEST DATA IN LIEU OF A TRIAL BURNMemo
 Description: EPA does not recommend spiking toxic metals at high concentrations during BIF trial burns. Burning waste fuels with high metals content in trial burns, compliance tests, or normal operations is an environmentally unsound practice. The Combustion Strategy recommends that toxic metals burned in hazardous waste combustors be addressed in a multi-pathway risk assessment under Section 3005(c)(3) omnibus authority. Decisions to allow the use of data in lieu of a trial burn or compliance test are made on a site-specific basis. Data-in-lieu of provisions are not intended to allow the elimination of retesting requirements.
 
04/01/1996FREQUENTLY ASKED QUESTIONS ON HAZARDOUS WASTE GENERATOR REQUIREMENTSQuestion & Answer
 Description: Large quantity generators (LQGs) and small quantity generators (SQGs) may treat without a permit or interim status under Section 262.34. SQGs are not subject to Biennial Report requirements. Conditionally exempt small quantity generators (CESQG) regulations are found in Section 261.5. EPA does not require waste codes on the manifest but DOT regulations may. States may require waste codes to be listed on the manifest.
 
03/15/1996EPA RESPONSES TO CONCERNS RAISED ON THE MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS FOR CEMENT KILNSMemo
 Description: Discusses the Agency response to a Congressman on the approach to combustion emissions regulation, why the Agency is pursuing MACT, and the risk justification for MACT. Addresses whether cement kilns and incinerators are grouped in developing MACT and whether the Agency distinguishes between wet and dry kilns under MACT. Discusses why the Agency established feed rate limits for kilns under MACT (SEE ALSO: 64 FR 52828; 9/30/99), and why the Agency is requiring a site-specifc risk assessment at cement kilns using the omnibus permitting authority (RCRA 3005(c)(3)).
 
02/26/1996APPLICABILITY OF THE OMNIBUS AUTHORITY AND SITE SPECIFIC RISK ASSESSMENTS TO WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: The use of omnibus authority (Section 3005(c)(3)) in implementing the Combustion Strategy is consistent with the original intent of the statute and regulations. The strategy does not impose regulatory requirements, but is statement of policy. Under the omnibus authority, EPA requires a site-specific risk assessment at hazardous waste combustion facilities prior to permit determination because combustion regulations do not fully account for indirect exposure pathways (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
02/20/1996CLARIFICATION OF RCRA CORRECTIVE ACTION PROGRAM WITH REGARD TO TSD UNITSMemo
 Description: RCRA regulated units (surface impoundments, waste piles, land treatment units, and landfills) are solid waste management units (SWMUs). SWMUs are subject to RCRA corrective action authority (i.e., Sections 3004(u) or 3008(h)). Discusses integrated implementation of corrective action for releases to groundwater and other media from regulated units (SEE ALSO: Section 264.90(f) and 63 FR 56710; 10/22/98)). Dual authority is required when conducting cleanup at a regulated unit in a state authorized for RCRA groundwater requirements but not for corrective action. Changes necessary to comply with a corrective action order are exempt from the reconstruction limit. Closure need not be delayed to perform corrective action. EPA encourages coordination between closure and corrective action activities.
 
02/08/1996APPLICABILITY OF LAND DISPOSAL RESTRICTIONS TO WIPP-DESTINED TRANSURANIC MIXED WASTEMemo
 Description: Land disposal restrictions no migration demonstration is not necessary for waste destined for disposal at the Waste Isolation Pilot Plant (WIPP). Compliance with AEA and WIPP Compliance Criteria adequately protects human health and the environment. Risks specific to hazardous waste during the operational phase of WIPP can be addressed through RCRA permit requirements. Miscellaneous unit standards require the prevention of releases that may cause adverse effects.
 
02/01/1996CONDITIONALLY 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.
 
01/01/1996CONVERSION OF PERMITTED OR INTERIM STATUS UNITS TO GENERATOR ACCUMULATION UNITSQuestion & Answer
 Description: Permitted or interim status units converted to generator accumulation units may delay closure until the final receipt of hazardous waste. The owner or operator must maintain financial assurance until final closure is completed.
 
01/01/1996CORRECTIVE ACTION BEYOND INTERIM STATUS FACILITY BOUNDARYQuestion & Answer
 Description: EPA can use Section 3008(h) or Section 7003 corrective action orders for releases that migrate beyond interim status facility boundary. Section 3008(h) applies to facilities which have interim status (IS), had IS, or should have had IS. Section 3008(h) authority is at least as broad as Section 3004(u) and Section 3004(v) authority.
 
01/01/1996FREQUENTLY ASKED QUESTIONS ON COMPOSTINGQuestion & Answer
 Description: Composting can be a source reduction or recycling. A federal permit is not required for composting facilities. Many markets are available for compost products. Discusses the percentage of yard trimmings recycled in municipal compost piles.
 
12/20/1995RCRA EXPANDED PARTICIPATION RULEMemo
 Description: Announces the promulgation of the RCRA Expanded Public Participation Rule (60 FR 63417; 12/11/95). EPA encourages early implementation of the rule’s provisions by Regions, states, and the regulated community. Presents a list of additional goals for public involvement that were not included in the final rule but remain as guidance.
 
11/30/1995SITE-SPECIFIC RISK ASSESSMENTS AT COMBUSTION FACILITIES THAT ARE REGULATED UNDER RCRAMemo
 Description: As part of the Combustion Strategy, EPA has a policy of strongly recommending site-specific risk assessments for all permits under the Section 3005(c)(3) omnibus provision (when necessary). EPA recommends site-specific risk assessments for all combustors (incinerators, BIFs) (SEE ALSO: 61 FR 17358; 4/19/96).
 
10/12/1995CLARIFICATION OF TREATMENT, AS DEFINED AT 40 CFR SECTION 260.10, AS IT RELATES TO HAZARDOUS WASTE FUEL BLENDING ACTIVITIESMemo
 Description: Consolidation of compatible bulk or containerized wastes to facilitate efficient transportation or disposal is not treatment. Blending hazardous waste fuels to meet a specification is treatment and requires a permit.
 
08/02/1995A DETERMINATION OF WHETHER A DETOX(SM) WET OXIDATION PROCESS WOULD BE REGULATED UNDER SUBPART X OR UNDER SUBPART OMemo
 Description: Wet oxidation process (DETOX) is a miscellaneous unit, not incinerator, because direct flame combustion is not involved. Subpart X permits contain such terms necessary to protect human health and environment.
 
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.
 
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.
 
02/21/1995CLARIFICATION ON RCRA AND TSCA JURISDICTION OVER INFECTIOUS AND/OR GENETICALLY ENGINEERED WASTEMemo
 Description: Section 3007 may be used to gain access to a hazardous waste facility. Materials which meet the statutory definition of hazardous waste are subject to Sections 3007 and 3013. Sections 3004(u) and 3008(h) are based on the statutory definition of hazardous waste, and apply to biological, genetically engineered, and infectious wastes (BGEIW). Units storing BGEIW are solid waste management units (SWMUs). The status of a military facility as “classified” is not bar to EPA action unless the facility has presidential exemption under Section 6001. Action under Sections 3004(u) and 3007 is not limited by dates (i.e., they may be retroactive).
 
02/17/1995INTERPRETATION OF INDUSTRIAL WASTEWATER DISCHARGE EXCLUSION FROM THE DEFINITION OF SOLID WASTEMemo
 Description: The NPDES exclusion applies at the outfall pipe, but not upstream. The exclusion applies when a direct hydrologic connection exists between the point source and surface water. Therefore, hazardous waste leachate or wastewater which travels from hazardous waste management units into groundwater and then into a river are not exempt. Hazardous waste discharged into surface waters from a point source are exempt from RCRA if they have a NPDES permit or should have a NPDES permit (i.e., are subject to CWA). Facilities that should have a NPDES permit but do not are violating CWA, not RCRA Subtitle C.
 
02/17/1995IS A SECTION 3008(H) ENFORCEMENT ORDER AN APPROPRIATE MECHANISM FOR APPROVING A CAMU?Memo
 Description: Section 3008(h) orders can be used to establish corrective action management units (CAMUs) and other remedial units at facilities which lost interim status (LOIS). Permits are not necessary if a Section 3008(h) order is in place, but public participation should occur.
 
02/01/1995CORRECTIVE ACTION AUTHORITIESQuestion & Answer
 Description: Section 3004(u) corrective action authority is limited to releases from solid waste management units (SWMUs). Releases that do not originate from solid waste management units can be addressed under Sections 3005(c)(3), 3004(v), 3008(h), and 7003.
 
02/01/1995STATUS 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.
 
12/01/1994ELEMENTARY NEUTRALIZATION UNITS GENERATING AND STORING NON-CORROSIVE HAZARDOUS WASTESQuestion & Answer
 Description: A tank in which corrosive-only (D002) electroplating wastewaters are treated meets the definition of elementary neutralization unit (ENU), even if the treatment process produces an F006 sludge. F006 is subject to regulation once it is removed from the tank.
 
11/01/1994Permit Process Steps: For Interim Status Hazardous Waste Combustion Facilities and for New Hazardous Waste Combustion FacilitiesPublication
 Description: This document presents the proposed requirements from the RCRA Expanded Public Participation and Revisions to Combustion Permitting Procedures Rule. The proposed steps for interim status hazardous waste combustion facilities include: a preapplication meeting, submission of Part A and Part B permit applications, an application notice, review of the application, establishment of an information repository, trial burn notice, trial burn, trial burn analysis and review, preparation of the draft permit determination, public comment on the draft permit determination, permit determination, permit appeal, and judicial appeal.
 
11/01/1994Statement of Michael Shapiro, Director of the Office of Solid Waste: Strategy for Hazardous Waste Minimization and CombustionPublication
 Description: This document announces EPA's Strategy for Hazardous Waste Minimization and Combustion. It discusses the role of waste minimization in the RCRA hazardous waste management program and addresses the role of combustion; presents EPA's views on expanded public involvement in the RCRA decision-making process, the need for strong compliance and enforcement, and the role of risk assessment in the permitting of hazardous waste combustion facilities; and highlights the strategic directions developed by EPA through an extensive and open process to solicit views from all affected parties.
 
10/17/1994REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Fuel blenders are subject to 268.7(b) LDR notification and certification. Fuel blending is not exempt from permitting, unless it is done at a generator site in a 262.34 accumulation unit. Fuel blending at a transfer facility is treatment and requires a permit. Most fuel blending units are permitted as tanks or miscellaneous units. Fuel blenders are subject to the air emissions standards (SEE ALSO: RPC# 12/5/94-01; 59 FR 62896; 12/6/94). Thermal treatment units are not eligible for the 262.34 permit exemption. Recycling units at facilities with other permitted units are subject to the air emissions standards (SEE ALSO: 62 FR 25997; 5/12/97). Generators who send waste off-site to a burner are subject to LDR notification. Cement or light-weight aggregate kiln produced by a Bevill device burning both hazardous waste and Bevill-exempt wastes may be exempt from land disposal restrictions (LDR) treatment standards when used in a manner constituting disposal if the residues pass the significantly affected test in 266.112. If neither the products nor the residues are subject to the LDR treatment standards, the original generator's waste is not prohibited from land disposal, and is subject only to 268.7(a)(6) (SEE ALSO: 62 FR 25997; 5/12/97).
 
10/17/1994Regulation of Fuel Blending and Related Treatment and Storage Activities MemoPublication
 Description: This document addresses questions about the regulatory status of hazardous waste fuel blending activities, such as the permit requirements, appropriate unit standards, air emission standards, requirements for transfer facilities, and land disposal restrictions for generators and fuel blending facilities.
 
09/01/1994CONTAINMENT BUILDINGS AS GENERATOR ACCUMULATION UNITSQuestion & Answer
 Description: Small quantity generators (SQGs) who accumulate waste in a containment building without a permit are subject to the more stringent standards of Section 262.34(a), including the 90 day time limit. SQGs who accumulate under Section 262.34(d) are limited to the use of tanks and containers.
 
09/01/1994PERMIT APPLICATION AND RENEWALQuestion & Answer
 Description: Both Part A and Part B of the permit application must be submitted to obtain the original permit and renew the expired permit. A facility may continue to operate after their permit expires if the owner/operator submits a revised application 180 days prior to the expiration date. Discusses the content of a Part B for renewal.
 
08/19/1994CLARIFICATION OF CERTAIN FINANCIAL ASSURANCE REQUIREMENTS APPLICABLE TO PERMITTED HAZARDOUS WASTE FACILITIES UNDER RCRAMemo
 Description: Changes in the financial assurance mechanisms which are not specifically identified in the permit do not require a permit modification.
 
08/05/1994SALE 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.
 
07/29/1994CLARIFICATION REGARDING SINGLE EMISSION POINT, MULTI-DEVICE COMBUSTION FACILITIESMemo
 Description: Provides clarification of operating and permit conditions for connected combustion units, like incinerators and BIFs, with a single emission point. When regulations conflict, preference is given to the more stringent or more technically appropriate standards. The RCRA Section 3005(c)(3) omnibus provisions may be appropriate. Units receive permits, or interim status, individually. Discusses the definition of a boiler. The industrial furnace definition applies to combustion units on a device-by-device basis (precalciner exception). Plasma arc and infrared units are incinerators when they have afterburners and miscellaneous units when they do not. A hazardous-waste fired afterburner is an incinerator.
 
07/22/1994REGULATION OF SURFACE IMPOUNDMENTS UNDER THE SEPTEMBER 10, 1992 RECYCLED USED OIL MANAGEMENT STANDARDSMemo
 Description: The de minimis used oil exemption does not apply to used oil intentionally introduced into a wastewater treatment system. Surface impoundments managing used oil must operate under RCRA Subtitle C permits or interim status.
 
07/19/1994INTERPRETATION OF THE REPORTING REQUIREMENTS OF 40 CFR 270.30(1)(10)Memo
 Description: The obligation to report non-compliance does not apply to insignificant recordkeeping violations that are one-time occurrences immediately corrected. Repeated violations do constitute a reportable non-compliance. When in doubt, a facility should report non-compliance. Violations of waste handling, disposal prohibitions, and facility safety should be reported, even if insignificant.
 
07/18/1994WASTE MINIMIZATION REQUIREMENTS OF SECTION 3002(B) OF RCRA FOR HAZARDOUS WASTE DISPOSAL FACILITIESMemo
 Description: The 3005(h) waste minimization and certification requirements apply to an owner of a landfill that generates and has a RCRA Subtitle C treatment permit for F039 leachate. If the owner is a large quantity generator (LQG) and sends the waste off-site, the owner is also subject to the 3002(b) waste minimization requirements. There is no statutory exemption from waste minimization certification for facilities generating remedial waste.
 
07/14/1994DETERMINATION ON WHETHER OR NOT A FACILITY QUALIFIED FOR INTERIM STATUS FOR ITS BOILERS UNDER THE BIF RULEMemo
 Description: Interim status is automatically conferred by statute on qualifying facilities per RCRA Section 3005(e). To qualify for interim status, a facility must have obtained all the required state permits by the effective date of the regulation under which it seeks interim status per the definition of an existing hazardous waste management facility.
 
07/05/1994GUIDANCE ON TRIAL BURN FAILURESMemo
 Description: Discusses EPA’s guidance on incinerator and BIF trial burns including: what is a successful trial burn, how to handle invalid trial burn data, what is an unsuccessful trial burn. Discuses requests for a trial burn retest, and restriction of operations after unsuccessful trial burn.
 
06/02/1994APPLICABILITY OF RCRA REGULATIONS TO A HYDRO-MIST UNIT USED IN THE TREATMENT OF WASTEWATER AT DRY-CLEANING FACILITIESMemo
 Description: A treatment unit that evaporates dry cleaning wastewater by atomizing or misting the liquid into ambient air could qualify as a wastewater treatment unit (WWTU) (SEE ALSO: RPC# 6/2/93-01). OSW does not certify, endorse, or approve specific technologies.
 
05/24/1994Press Release Announcing EPA's Proposal Expanding Opportunities for Public Participation in the Permitting of All Hazardous Waste Facilities, Including Incinerators and Other Hazardous Waste BurnersPublication
 Description: Communicates EPA's proposal to expand public participation opportunities in the permitting process. Announces the release of the Draft RCRA Hazardous Waste Minimization National Plan and the Combustion Emissions Technical Resource Document (CETRED).
 
05/23/1994ENHANCED PUBLIC PARTICIPATION AND STRONGER COMBUSTION PERMITTING REQUIREMENTSMemo
 Description: Announces RCRA Expanded Public Participation and Revisions to Combustion Permitting proposed rule, including a list of its principal goals. EPA encourages Regions and states to begin implementing applicable provisions. Permit applicants are also encouraged to meet relevant provisions where feasible.
 
05/23/1994Memorandum on the Application of Enhanced Public Participation and Stronger Combustion Permitting RequirementsPublication
 Description: The document discusses the goals of EPA's proposed rule on RCRA expanded public participation and revisions to combustion permitting. EPA encourages all regions to start meeting goals of the proposed rule as soon as possible.
 
05/15/1994Environmental Fact Sheet: More Public Participation in RCRA and Revised Combustion Permitting Procedures ProposedPublication
 Description: This fact sheet discusses the proposal to expand public participation opportunities as part of the implementation of the Draft Waste Minimization and Combustion Strategy. The strategy recommends expansion of opportunities for timely and effective public involvement in the permitting process for all types of RCRA facilities; improves the regulations pertaining to permit modifications, clarifying combustion modification classifications; and aligns certain interim status requirements for combustion facilities with the more stringent permit standards for new permitted facilities, particularly with regard to trial burns.
 
05/12/1994CLARIFICATION OF THE REGULATORY STATUS OF A REFINERY DITCH SYSTEMMemo
 Description: An unlined trough, trench, ditch is not ancillary equipment to a tank or sump because they are not constructed of leak proof material or do not have structural support or strength. Discusses the distinction between tank and surface impoundment. Can retrofit ditches to meet the criteria and quality as a wastewater treatment unit (WWTU).
 
05/09/1994EPA’S DRAFT WASTE MINIMIZATION AND COMBUSTION STRATEGY AND IT’S IMPLICATIONS FOR SUPERFUNDMemo
 Description: The Combustion Strategy impact on hazardous waste incineration at CERCLA cleanups is discussed. Hazardous waste combustion remains an appropriate remedy at many sites. The Combustion Strategy is not an ARAR since it is not legally enforceable, but it is regarded as a TBC ("To Be Considered") at CERCLA sites.
 
05/09/1994REGULATORY REQUIREMENTS FOR ON-SITE TREATMENT OF OXYGEN BREATHING APPARATUS (OBA) CANISTERSMemo
 Description: Oxygen breathing apparatus (OBA) used by firefighters could qualify as exempt scrap metal when recycled. There is no need to determine if recycled scrap metal is a hazardous waste (HW). Emptying a steel OBA canister could be an exempt scrap steel recycling process if the canisters are to be recycled (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal). Emptying canisters to render them nonhazardous prior to disposal may be regulated treatment. HW canisters may be accumulated on-site without a permit under 262.34. Tanks meeting the wastewater treatment unit definition are exempt from permitting requirements.
 
05/05/1994REVISED DRAFT OF RISK ASSESSMENT IMPLEMENTATION GUIDANCE FOR HAZARDOUS WASTE COMBUSTION FACILITIESMemo
 Description: The latest revisions (pursuant to the Combustion Strategy) to the implementation guidance for conducting risk assessments at RCRA hazardous waste combustion facilities are discussed.
 
04/06/1994CLARIFICATION OF ""ACTIVE MANAGEMENT"" IN CLOSING WASTE MANAGEMENT FACILITIES (SURFACE IMPOUNDMENTS)Memo
 Description: Remediation involving hazardous waste treatment triggers permitting. Whether in-situ stabilization is treatment is a site-specific determination. The regulatory status of the movement of wastes within an area of contamination (AOC) is discussed. A unit (e.g., surface impoundment) inactive prior to the effective date of applicable RCRA rules is not subject to Subtitle C unless the waste is actively managed. A one-time removal of waste is not active management. Waste removed from a unit is subject to all relevant regulations. Inactive units may be solid waste management units (SWMUs) subject to 3004(u), 3008(h), and/ or 7003 corrective action authorities.
 
04/04/1994RESPONSE TO THE PETITION FOR ADMINISTRATIVE ACTION TO CEASE HAZARDOUS WASTE BURNING AND NOTICE OF CITIZEN SUITSMemo
 Description: Interim status is a statutory right when a facility meets all applicable standards. EPA cannot order BIFs that properly qualified for interim status to stop operating. To qualify for interim status, a facility must be in existence on the effective date of the applicable rule.
 
04/01/1994CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR (CESQG) HAZARDOUS WASTE RECYCLING FACILITIESQuestion & Answer
 Description: Recycling facilities need not be permitted, licensed, or registered by EPA or the State in order to receive CESQG waste.
 
04/01/1994DESIGNATING EXEMPT RECYCLING FACILITIES ON THE MANIFESTQuestion & Answer
 Description: Permit-exempt recycling facilities can be a designated facilities on a manifest. Exempt recycling facility must obtain an EPA identification number and comply with manifest requirements.
 
04/01/1994SURFACE IMPOUNDMENT LEACHATE COLLECTION AND REMOVAL SYSTEMSQuestion & Answer
 Description: A leachate collection and removal system must be in place at least 30 days prior to the receipt of waste at a new surface impoundment. The owner/operator must carry out the construction quality assurance (CQA) program certifying compliance with the design specifications of the permit 30 days prior to the receipt of waste.
 
03/23/1994INTERPRETATION OF THE BEVILL EXEMPT STATUS OF WASTES AT THE MAGCORP FACILITYMemo
 Description: The scope of Bevill exemption for mining and mineral processing wastes does not include combined wastestream of all wastewaters from a facility. Used lubricating oils, used antifreeze, wastes from lab drains, and vehicle maintenance are not uniquely associated with mineral extraction, beneficiation, or processing (SEE ALSO: 63 FR 28556; May 26, 1998). Wastes generated after mineral processing begins do not qualify for the Bevill exemption for mining and mineral processing wastes unless listed in Sections 261.4(b)(7)(i)-(xx). A mixture of non-exempt wastes with exempt wastewaters may jeopardize the mineral processing exemption. Mixing hazardous waste with Bevill-exempt waste may require a treatment permit (SEE ALSO: 63 FR 28556; May 26, 1998).
 
03/16/1994EXPEDITED ADMINISTRATIVE REVIEW OF APPEALS OF RCRA PERMIT DENIALS FILED BY INTERIM STATUS COMBUSTION FACILITIESMemo
 Description: Interim status facilities may operate after the denial of a permit while appealing to the Environmental Appeals Board (EAB). Pursuant to the Combustion Strategy, the EPA Administrator has directed the EAB to take final action within 90 days on appeals of interim status combustion facility permit denials.
 
03/01/1994Reusable News (Spring 1994)Publication
 Description: This issue of Reusable News announces the Jobs Through Recycling Initiative, linking environmental and economic priorities. Other articles include managing disaster debris, landfill permitting programs, markets for old corrugated containers, painting recycled, media buying-recycled campaign, waste prevention activities in New York City and Seattle, and the degradable ring rule.
 
02/03/1994RESPONSE TO REQUEST FOR INFORMATION ON ENFORCEMENT AUTHORITY IN STATESMemo
 Description: Discusses the definition of base authorization. Whether the state or EPA enforces a rule depends on the state’s authorization status and whether the rule is HSWA or non-HSWA. A non-HSWA rule is not effective until a base-authorized state adopts it. HSWA rules are effective immediately in all states. EPA can enforce regulations that are part of an authorized state’s program, but EPA must enforce the state's standards, which may be more stringent than federal standards. Subtitle D permitting and enforcement is left to the states.
 
02/01/1994REGULATORY STATUS OF SHELL OIL'S NORCO, LOUISIANA FACILITY DITCH SYSTEMMemo
 Description: A trough, trench, or ditch connected to a tank or sump is ancillary equipment. Unlined conveyance systems allowing leakage or a discharge is not ancillary equipment, and may be considered disposal, and may be considered a surface impoundment, miscellaneous, or solid waste management unit (SWMU) subject to corrective action. An unlined trough, trench, ditch that is retrofitted may meet the definition of ancillary equipment to tank and qualify for the wastewater treatment unit (WWTU) exemption.
 
01/28/1994REGULATORY STATUS OF TREATMENT ASSOCIATED WITH FUEL-BLENDING ACTIVITIESMemo
 Description: The definition of treatment has been upheld in court. Adding materials (e.g., sodium hydroxide) to a waste during fuel blending meets the definition of treatment. Physical manipulation, commingling or consolidation of wastes, distillation to remove contaminants, and processing to remove components (e.g., to accomplish phase separation) could all meet the definition of treatment. The waste treatment codes T50 (blending), T54 (distillation), and T63 (solvent recovery) identified in Part 264 Appendix I are used to identify handling techniques, not to identify all the activities requiring a permit or constituting treatment.
 
01/10/1994IMPACT OF DRAFT HAZARDOUS WASTE MINIMIZATION AND COMBUSTION STRATEGY ON OHIO'S REGIONAL IMPLEMENTATION OF AIR REGULATIONSMemo
 Description: Air permits may be more appropriate to address dioxin and particulate matter.However, a RCRA permits may include some limits on dioxins, furans, and particulate matter.
 
01/05/1994THE EFFECT OF AN UPCOMING RULE ON NONHAZARDOUS UNDERGROUND INJECTION CONTROL WELLS AND ELEMENTARY NEUTRALIZATION UNITSMemo
 Description: Provides a summary of Phase III and characteristic wastes managed in CWA systems and underground injection control (UIC) wells. A nonhazardous UIC well is a land disposal unit. Waste disposed of in a well must meet land disposal restrictions (LDR) treatment standards or the unit will need a no-migration variance. LDR Phase III will not eliminate elementary neutralization units (ENU) but will require that wastes decharacterized in ENUs meet standards for underlying hazardous constituents (SUPERSEDED: see 61 FR 15660; April 8, 1996).
 
12/06/1993DEFINITION OF INDUSTRIAL FURNACE AS IT APPLIES TO SMELTING, MELTING, AND REFINING FURNACES HANDLING SECONDARY MATERIALSMemo
 Description: Smelting, melting, and refining furnaces processing waste solely for metals recovery is exempt from the BIF permitting and emission standards. Legitimacy of operation is a case-by-case determination (SEE ALSO: 56 FR 7143; February 21, 1991 and 53 FR 522; January 8, 1988).
 
12/02/1993ELIGIBILITY OF IN-SITU VITRIFICATION TECHNOLOGY TO RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMITTINGMemo
 Description: Because in-situ vitrification (i.e., treatment) is not placement, it does not constitute disposal, and is eligible for a Research and Development (RDD) permit. Placement triggers land disposal restrictions, and is disposal, not treatment.
 
11/01/1993REGULATORY STATUS OF A DISSOLVED AIR FLOATATION FLOAT STORAGE TANK USED TO FEED MATERIAL INTO A PETROLEUM COKERMemo
 Description: A Dissolved Air Flotation (DAF) float that is inserted into a petroleum coker is a solid and hazardous waste (SEE ALSO: Section 261.4(a)(12)). A DAF float feed tank may be an exempt wastewater treatment unit (WWTU) provided it meets the criteria listed in Section 260.10.
 
10/29/1993APPLICABILITY OF RCRA TO THERMAL DESORPTION SLUDGE DRYERS, AND OTHER HYBRID INCINERATOR DEVICESMemo
 Description: Permit writers will consider the Subpart O standards when permitting hybrid incineration units (such as thermal desorption units) under Subpart X.
 
10/22/1993REGULATORY STATUS OF SEPARATOR WATER AND THE USE OF SEPARATOR WATER EVAPORATORS AT DRY-CLEANING FACILITIESMemo
 Description: EPA statement in the letter, Lowrance to Fisher (RPC# 6/2/93-01), that evaporation units at dry cleaners that do not discharge wastewaters pursuant to CWA are wastewater treatment units (WWTU) is specific to units that are used in dry cleaning. A unit receiving concentrated wastes is generally not a WWTU.
 
10/07/1993CLARIFICATION OF THE USE OF UNDERGROUND STORAGE TANKS TO CONTAIN HAZARDOUS WASTE SPILLSMemo
 Description: An underground tank used to contain a spill of hazardous waste solvent is a hazardous waste tank system. An underground tank used to contain a spill of reclaimed solvent not a hazardous waste tank system, but it may be subject to Part 280.
 
10/07/1993CLARIFICATION OF ""DEFINITION OF FACILITY"" AND PART A MAPPING REQUIREMENTSMemo
 Description: Clarification of the term “facility” as used in Section 270.14(c)(7)(i) versus Section 270.14(d). If a topographic map is unavailable, another type of map may be submitted with a Part A.
 
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.
 
06/15/1993Waste Management Area (WMA) and Supplemental Well (SPW) GuidancePublication
 Description: This document provides guidance to RCRA permit writers and other interested parties regarding the implementation of waste management area (WMA) and supplemental well (SPW) approaches according to amendments proposed to the Subpart F rule on July 26, 1988. This document contains proposed modifications to the model permit language to be used in implementing the WMA and SPW approaches, and compares and contrasts the objectives and uses of WMAs and Corrective Action Management Units (CAMUs).
 
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.
 
06/02/1993SEPARATOR WATER AND USE OF EVAPORATORS AT DRY-CLEANING FACILITIESMemo
 Description: Evaporator units at dry cleaners that have eliminated their CWA discharges due to concern over sewer leaks are generally wastewater treatment units (WWTU) (SEE ALSO: RPC# 10/22/93-02). The WWTU exemption applies only to wastewater, not concentrated wastes like free-phase perchloroethylene.
 
06/01/1993CLOSURE TIMETABLE FOLLOWING TERMINATION OF INTERIM STATUSQuestion & Answer
 Description: Owners of facilities that lost interim status (LOIS) must submit a closure plan to the state or Regional office no later than 15 days after termination of interim status. The remainder of the interim status closure timetable is dictated by the date of approval of the closure plan
 
06/01/1993CONTAINMENT BUILDINGS AT PERMITTED AND INTERIM STATUS FACILITIESQuestion & Answer
 Description: Discusses the procedures for adding containment buildings to permitted and interim status facilities under changes during interim status. A containment buildings is not considered newly regulated units. A generators may accumulate and treat hazardous waste in containment buildings.
 
05/28/1993CLARIFICATION OF THE CLOSURE REQUIREMENTS FOR HAZARDOUS WASTE MANAGEMENT FACILITIESMemo
 Description: Due to differences in the timing of closure plan submittal, interim status facilities must identify a specific destination of closure wastes, while permitted facilities need only identify the type of unit to which their closure wastes will be sent.
 
05/01/1993THE USE OF MAXIMUM CONTAMINANT LEVELS IN GROUNDWATER MONITORINGQuestion & Answer
 Description: The SDWA maximum contaminant levels (MCLs) are not codified in 264.94(a)(2), but may be used as alternate concentration limits (ACLs) when establishing the groundwater protection standard in a facility’s permit.
 
04/26/1993APPLICABILITY OF 40CFR 270.1(C)(3) TO IMMEDIATE RESPONSE ACTIVITIES RELATING TO REMOVAL, TRANSPORTATION, AND/OR TREATMENT OF BOMBSMemo
 Description: Bomb squad activities in response to an immediate or imminent and substantial threat of a discharge are not required to have a RCRA permit. An authorized State may choose to require a permit (SEE ALSO: 62 FR 6622; February 12, 1997).
 
04/26/1993STRATEGY 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).
 
02/09/1993CLARIFICATION OF THE TEMPORARY AUTHORIZATION PROVISION OF 40 CFR 270.42 (E)Memo
 Description: A temporary authorization request classified as a Class 3 permit modification that will provide improved management of hazardous waste already listed in the permit must meet only one of the criteria in Sections 270.42(e)(3(ii)(C) through (E).
 
02/01/1993GROUNDWATER MONITORING AT NEWLY REGULATED SITESQuestion & Answer
 Description: An owner of a newly-regulated interim status facility has one year to characterize the site and design and install groundwater monitoring system. Once the system is installed, the owner must begin establishing the background concentrations.
 
11/27/1992CLARIFICATION OF STATUS OF TREATMENT ASSOCIATED WITH FUEL BLENDING ACTIVITIESMemo
 Description: Treatment associated with hazardous waste fuel blending is subject to regulation. EPA explicitly interpreted the now deleted Section 266.34, to require tank standards to apply to fuel blending tanks. Non-storage activities at fuel blending facilities (e.g., microwave units and distillation columns) may require a treatment permit. All storage of all hazardous waste fuels subject to regulation.
 
11/17/1992GUIDANCE ON USING ALTERNATIVE RISK ASSESSMENT APPROACHES IN DETERMINING INCINERATOR METALS EMISSION LIMITSMemo
 Description: Site-specific dispersion models can not be used for reference air concentration (RAC) or risk-specific dose (RSD) unless required by omnibus authority.
 
11/03/1992TRANSPORTATION AND DISPOSAL OF SHOCK SENSITIVE OR EXPLOSIVE MATERIALSMemo
 Description: Picric acid and ethyl ether may be hazardous due to reactivity. The removal, and transportation of old lab chemicals to eliminate imminent and substantial danger qualifies for Section 270.1(c)(3) permit exemption. Emergency permit regulations can also be used. A RCRA permit is necessary if a safety official determines no immediate safety threat exists.
 
10/21/1992SITE PREPARATION WORK PERFORMED PRIOR TO ISSUANCE OF PERMITMemo
 Description: Construction of an incinerator in an authorized state is subject to state regulation. A facility located in a state authorized for the base program but not some portions of HSWA will receive a permit issued jointly by State and EPA (joint permit). Incinerator preconstruction at an existing interim status facility may proceed only if provisions in Section 270.72(a)(3) are met and if changes do not amount to reconstruction under changes during interim status.
 
10/19/1992LOSS OF INTERIM STATUS (LOIS) FOR STORAGE AND TREATMENT FACILITIESMemo
 Description: Storage and treatment facilities that had interim status on 11/8/84 but failed to submit Part B permit applications by 11/8/88 lose interim status on 11/8/92 due to the 3005(c)(2) LOIS deadline. Submission of the Part B in accordance with the HSWA deadlines ensures continued interim status until EPA issues or denies a permit, even if the final permit determination takes place after 11/8/92.
 
10/15/1992REGULATORY INTERPRETATION OF LOSS OF INTERIM STATUS PROVISIONS AS IT APPLIES TO OB/OD FACILITIESMemo
 Description: Discusses the applicability of the November 8,1992 loss of interim status date for open burning/open detonation facilities that were in existence on November 8, 1984. Facilities that submitted a Part B applications by November 8, 1988 retain their interim status after November 8, 1992. Facilities that did not submit a part B by November 8, 1988 lose their interim status after November 8, 1992 unless the permit decision is made by that date.
 
10/08/1992RECOVERY OF SULFUR AND CHLORIDE FROM SLURRIED BAGHOUSE DUSTMemo
 Description: The desulfurization process to remove sulfur and chloride from slurried baghouse dust is an exempt recycling process. Desulfurization units are either exempt recycling units or wastewater treatment units (WWTUs).
 
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.
 
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.
 
08/01/1992TREATMENT 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.
 
07/21/1992FLOOR SUMPS AT HAZARDOUS WASTE SITESMemo
 Description: The Region determines whether a floor sump that collects hazardous waste after the point of generation and conveys it to a treatment unit is exempt as ancillary equipment connected to a wastewater treatment unit (WWTU) or an elementary neutralization unit (ENU).
 
07/21/1992TREATING 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.
 
07/02/1992RCRA POST-CLOSURE PERMITS FOR REGULATED UNITS AT NPL SITESMemo
 Description: CERCLA section 121(e)(1) does not relieve a facility’s owner from the requirement to obtain a post-closure permit for a preexisting RCRA-regulated unit at an NPL site. Discusses possible resolutions to the conflicts between RCRA and CERCLA cleanups at the same site. The CERCLA Section 121(e)(1) permit waiver doesn’t apply to non-CERCLA actions (SEE ALSO: 63 FR 56711; October 22, 1998).
 
07/01/1992ONE-TIME NOTIFICATION REQUIREMENT UNDER §268.7(A)(6)Question & Answer
 Description: The one-time notification requirement under the land disposal restrictions (LDR) applies even if, prior to discharge, waste is managed in a manner not substantively regulated.
 
07/01/1992REMEDIATION OF CONTAMINATED SOILS AT HISTORIC MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Generators may treat contaminated soils from manufactured gas plant (MGP) site remediation to remove characteristics in generator accumulation units without a permit. Decharacterized hazardous waste may then be sent off-site for burning as nonhazardous waste (SEE ALSO: 63 FR 28574; 5/26/98).
 
06/24/1992RECYCLING AND PROCESSING OF SPENT AEROSOL CANSMemo
 Description: Whether aerosol can processing constitutes treatment requiring a permit or qualifies as exempt recycling is a determination made by each Region on a case-by-case basis.
 
06/01/1992GROUNDWATER MONITORING RESAMPLING REQUIREMENTSQuestion & Answer
 Description: Facilities that are in compliance monitoring and are performing annual sampling for Appendix IX constituents, which detect constituents not in the permit may resample for the detected constituents within 7 days to confirm, or report to the state or the Regional office. Discusses the procedures addressing these constituents.
 
06/01/1992WASTEWATER TREATMENT UNITS: REGULATORY STATUS OF WASTEQuestion & Answer
 Description: Discusses the regulatory status of waste generated in a wastewater treatment unit (WWTU). Waste is exempt only while in the unit. Residues from the treatment of a listed waste in a WWTU remain listed due to derived-from rule (SEE ALSO: 66 FR 27266; May 16, 2001).
 
05/28/1992REGULATORY STATUS OF RECLAIMED SOLVENT FROM USED DRY CLEANING FILTERSMemo
 Description: Crushing spent dry cleaning filters before removing solvents for reclamation is exempt recycling. Storage prior to recycling may require a permit or may be subject to generator regulations of 262.34 or 261.5.
 
04/01/1992GROUNDWATER MONITORING AT NEWLY REGULATED FACILITIES (NOTE: THIS MRQ IS ALSO IN FEBRUARY 1993)Question & Answer
 Description: A newly-regulated interim status land disposal units must complete installation of groundwater monitoring system within one year of regulation and monitor for background levels for the first year system is operable.
 
03/31/1992MANAGEMENT OF MIXED WASTEMemo
 Description: Low-level radioactive mixed waste typically consists of organic liquids, oil mixtures, heavy metal-contaminated wastes, and corrosive liquids. Generators, and TSDFs must include mixed waste information in their biennial report. Discusses mixed waste permitting authority. Mixed waste is a subset of low level waste.
 
02/10/1992ENVIRONMENTAL GROWTH INITATIVEMemo
 Description: Discusses the Environmental Growth Initiative. Provides an overview of the RCRA Subtitle C reform initiatives growing out of the President's "90-Day Review of Regulations." Addresses concentration-based exemptions, universal treatment standards (UTS), post-closure permitting, remediation reforms, and the new Superfund paradigm.
 
02/04/1992CLASSIFICATION OF INFILTRATION GALLERIES UNDER THE UIC AND RCRA PROGRAMSMemo
 Description: Discusses the distinction between, and definition of, infiltration galleries (IGs) and SDWA underground injection control (UIC) wells for purposes of the April 2, 1991, rule extending the toxicity characteristic (TC) effective date for reinjection of groundwater pursuant to hydrocarbon recovery operations at petroleum refineries and transportation facilities (56 FR 13406). IGs can be UIC wells. IGs are often trenches. Remediation activities using reinjection may be subject to state groundwater protection statutes, SDWA, RCRA, and/or CERCLA authorities.
 
02/01/1992MEDICAL WASTE TRACKING ACT DEMONSTRATION PROGRAMQuestion & Answer
 Description: Discusses the status of the five-state medical waste tracking program, which expired June 1991. The first and second interim reports were submitted in May and December 1990. The third and final report is expected late 1992 (SUPERSEDED: see 60 FR 33912; June 29, 1995).
 
01/16/1992EXEMPTION FROM PERMITTING REQUIREMENTS FOR WASTE WATER TREATMENT UNITSMemo
 Description: A wastewater treatment system must be subject to the Clean Water Act (CWA) in order to be eligible for the wastewater treatment unit (WWTU) exemption, it is not required to actually have CWA permit. A zero discharge system is eligible for exemption (SEE ALSO: RPC# 3/20/89-03). A wastewater treatment facility that never had a discharge to a surface water is not eligible for the WWTU exemption because it was never subject to the NPDES permitting or CWA requirements.
 
12/03/1991CONTROL DEVICES REQUIRED BY THE ORGANIC AIR EMISSION STANDARDMemo
 Description: Only the Subparts AA and BB standards apply to a control device that meets the definition of another regulated unit (e.g. incinerator). If the device also treats other wastestreams, the unit must comply with the applicable standards. EPA may impose additional requirements under its omnibus authority.
 
11/04/1991REGION V FUEL-BLENDING FACILITIES CONCERNSMemo
 Description: An unit used to blend or treat hazardous waste to produce a fuel is subject to permitting. BIFs can burn low-Btu waste after conducting emission testing and certifying compliance. Unit processes used to raise Btu value of a hazardous waste (e.g., phase separation, centrifugation) require a permit.
 
10/01/1991LOCATION STANDARDS FOR HAZARDOUS WASTE MANAGEMENT FACILITIESMemo
 Description: A summary of the regulatory restrictions for the siting of hazardous waste TSDFs. The current location standards restrict TSDFs from locating in 100-year floodplains and areas prone to severe earthquake damage. EPA is developing more restrictive criteria.
 
10/01/1991TSDF CLOSURE/POST-CLOSURE AFTER LOSS OF INTERIM STATUSQuestion & Answer
 Description: An owner of a facility that has lost interim status (LOIS) must still comply with the Part 265 closure and post-closure requirements. a facility can lose interim status due to the owner’s failure to submit a certification of compliance with the groundwater monitoring and financial responsibility requirements.
 
09/23/1991BIF REGULATIONS EFFECTS ON INDUSTRIAL BOILERMemo
 Description: The BIF regulations exempt units burning low hazard waste from many of the emission standards but not from permitting.
 
09/20/1991TREATMENT OF HAZARDOUS WASTE FROM LARGE QUANTITY GENERATORSMemo
 Description: Both LQGs and SQGs can treat in accumulation tanks or containers without a permit if the treatment is in compliance with the 262.34 generator accumulation requirements. Generators who accumulate waste in 262.34 units must comply with the waste analysis plan (WAP) requirements per 268.7(a)(4). Treatment in generator accumulation units cannot violate the dilution prohibition.
 
08/19/1991INTERIM STATUS UNDER THE BIF RULEMemo
 Description: Provides a clarification of the interim status qualification criteria for BIFs due to the BIF rule. A facility with a history of handling hazardous waste (HW) before the effective date of the BIF rule (8/21/91) are clearly eligible for interim status. When waste is not yet handled by the effective date, it is a complicated determination dependent upon the criteria in 3005(e). The criteria include the definition of in existence, in operation, under construction, substantial loss due to contractual obligation, and reasonable time to complete construction. State and local approvals of permits are necessary to begin physical construction. Addresses state moratoriums on facilities obtaining interim status. Discusses 3010 ID number requirements for BIFs and pre-compliance certification.
 
08/07/1991BIF RULE APPLIED TO NEWLY REGULATED UNITS AT INTERIM STATUS FACILITIESMemo
 Description: To obtain interim status as a newly regulated unit, a BIF must meet definition of an existing facility. Physical construction may commence after August 21, 1991 if the owner has entered into a contractual obligations for physical construction, and has obtained the necessary permits under changes during interim status.
 
07/12/1991RCRA APPLICABILITY TO POTASSIUM PERMANGANATE AND MANGANESE DISPOSALMemo
 Description: Wastewater treatment sludges from POTWs or other facilities discharging pursuant to CWA are subject to all applicable Subtitle C regulations when treated, stored, or disposed. Generally, sludges from POTWs are hazardous waste only if they are characteristic. POTW sludges are unlikely to exhibit characteristics. Spent potassium permanganate and manganese from the garment industry are unlikely to be ignitable (D001) oxidizers.
 
07/03/1991TCLP 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.
 
06/06/1991INDUSTRIAL FURNACE WHICH CEASES BURNING STATUS UNDER BIF REGULATIONMemo
 Description: If an industrial furnace ceases making product or halts industrial activity and burns hazardous waste for destruction, the unit is no longer a cement kiln, and must obtain Subpart O incinerator permit.
 
06/01/1991WITHDRAWAL 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.
 
05/21/1991COMPACTING HAZARDOUS WASTE INSIDE STEEL DRUMS AS TREATMENTMemo
 Description: Compacting hazardous waste in a steel drum is treatment if the reduction in volume results in a change in the physical, chemical, or biological character or composition of the waste. Compacting in generator accumulation containers would not require a permit.
 
05/17/1991RCRA CORRECTIVE ACTION PROGRAMMemo
 Description: Discusses EPA’s long term corrective action strategy including; prioritization initiatives, stabilization policies, tailoring corrective action based on site-specific factors, future changes to RCRA Statute and regulations, and strategies for permitting interim status facilities.
 
05/02/1991CLOSURE STANDARDS FOR HAZARDOUS WASTE LAND TREATMENT UNITSMemo
 Description: Soil sampling is usually required during land treatment unit closure and post-closure as part of the unsaturated zone monitoring. If the treatment unit is removed as a part of clean-closure, the soil-core monitoring may be suspended at the completion of the closure period. Discusses guidance on intervals for, and duration of, soil sampling during closure and post-closure. There is no EPA-approved methods for determining degradation rates. Closure of a land treatment unit may take up to 360 days. Discussion of closure and post-closure standards for a land treatment units when migration of hazardous constituents has occurred. Discussion of closure standards when groundwater is contaminated at levels below alternate concentration levels specified in a facility permit. The post-closure period for a land treatment unit cannot be terminated until owner or operator has successfully demonstrates that all groundwater at the site is safe for all potential receptors. Discuses addressing migration of constituents of concern outside of the treatment zone during closure versus under corrective action. There are no regulatory provisions requiring corrective action when migratory constituent concentrations exceed regulatory levels of concern in groundwater at an interim status land treatment facility (3008(h)). Discussion of when closure is considered complete.
 
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.
 
04/16/1991LAND DISPOSAL RESTRICTIONS APPLICABILITY TO INVESTIGATIVE DERIVED WASTEMemo
 Description: The temporary container storage of investigative-derived wastes within an area of contamination (AOC) followed by disposal within the original AOC does not trigger land disposal restrictions (LDR). The movement to separate storage and/or treatment area followed by replacement may trigger treatment. A single drum is not considered a unit. Drums and land on which drums are placed may constitute container storage areas.
 
03/27/1991USE OF THE PROPOSED SUBPART S CORRECTIVE ACTION RULE AS GUIDANCE PENDING PROMULGATION OF THE FINAL RULEMemo
 Description: The interpretive portions of proposed the Subpart S corrective action rule may be used as guidance (55 FR 30798; July 29, 1990). The proposed changes may not be used as guidance. The list and description of the July 29, 1990 proposal preamble is not available for use as guidance (SEE ALSO: 61 FR 19432; May 1, 1996).
 
03/13/1991EPA AUTHORITY TO CONSIDER PERMIT APPLICANT HISTORY OF COMPLIANCE WITH RCRAMemo
 Description: Discusses the use of the RCRA Section 3005(c)(3) omnibus authority to address facility’s compliance history when developing permit conditions. EPA may use omnibus authority to deny permit. Discusses summary of EPA authorities for addressing noncompliance. EPA can use RCRA Section 3008 authority to take enforcement actions against facilities before they receive permits. Section 270.43(a) allows EPA to terminate a permit or to deny its renewal.
 
02/27/1991MOBILE TREATMENT UNITS QUALIFIED FOR INTERIM STATUSMemo
 Description: Discusses the explanation of three criteria necessary for a facility to qualify for interim status under the toxicity characteristic (TC) rule. A mobile treatment unit may qualify for interim status at more than one location. Routine movement of a mobile treatment unit from site-to-site does not require a change in interim status. The addition of waste codes to a Part A at a interim status facility is regulated by EPA due to the TC rule in an authorized state that has not adopted the TC rule.
 
02/11/1991STATE INTERPRETATIONS OF THE WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: States and regions determine what is wastewater for the purpose of the wastewater treatment unit (WWTU) exemption, since EPA has not defined the term. Authorized states' interpretations of the WWTU definition and other regulations may be more stringent than EPA interpretations.
 
02/04/1991BURNING HAZARDOUS WASTE IN BOILERS AND INDUSTRIAL FURNACES (BIFS)Memo
 Description: The standards for BIFs are essentially equivalent to the proposed amendments for incinerators. The BIF regulations include performance standards for destruction and removal efficiency (DRE) of organics, hydrogen chloride, particulates, products of incomplete combustion (PIC), metals, and free chlorine. Existing BIFs must meet substantive standards to keep interim status pending permit. BIFs are subject to full permitting. Residues in general are subject to full regulations, some residues are exempt under RCRA Section 3001(b)(3)(A) (SEE ALSO Section 266.112).
 
01/04/1991SOLID WASTE MANAGEMENT UNIT (SWMU) DETERMINATIONMemo
 Description: Tanks used exclusively to store product are not solid waste management units (SWMUs). Agency may use RCRA Section 3005(c)(3) omnibus provision to address leaks from product tank (SEE ALSO: 50 FR 30798; July 27, 1990).
 
12/15/1990Environmental Fact Sheet: Hazardous Waste Boilers and Industrial Furnaces Now under Strict RCRA RegulationsPublication
 Description: This fact sheet explains a rulemaking intended to reduce and control toxic pollutants from industrial furnaces and boilers, which burn two million tons of hazardous waste a year. Applicable facilities must obtain operating permits or stop burning waste. This rulemaking brings all facilities burning hazardous wastes for energy recovery or treatment under full regulation for first time.
 
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.
 
09/20/1990INTERPRETATIONS 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).
 
09/20/1990PETROLEUM REFINING WASTES AND EXEMPTIONS FOR WWTUSMemo
 Description: INCOMPLETE VERSION IN RCRAONLINE - A tank treating or storing wastewater or a wastewater treatment sludge can be a wastewater treatment unit (WWTU). A tank treating off-site hazardous waste (HW) can be a WWTU if the facility is designated to accept manifested HW. Only tanks and ancillary equipment can be WWTUs. Tank bottoms from fuel storage are CCPs and are not solid waste (SW) when used in fuel. Tank bottoms from refining process units are by-products and are SW when used in fuels. A refinery by-product used in a lubricant is a SW if it is listed (SEE ALSO: 261.4(a)(12) and 261.6(a)(3)).
 
09/05/1990APPLICABILITY OF PERMITTING TO MOVEMENT OF HAZARDOUS WASTE THAT DOES NOT CONSTITUTE LAND DISPOSAL Memo
 Description: Land disposal includes movement of hazardous waste (HW) into a unit, but not movement within the unit. Movement within the unit does not require a permit. Movement of HW within a unit that is associated with land treatment may require a treatment permit.
 
08/15/1990TANK 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.
 
08/01/1990PUBLIC COMMENT PERIODS FOR PERMIT MODIFICATIONSQuestion & Answer
 Description: A class III permit modification triggers two comment periods: first, a 60-day period occurs, which allows public comment on permittee’s request and includes provisions for mandatory public meeting; second, a 45-day period allows comment on the draft permit modification or tentative denial.
 
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.
 
07/11/1990LOSS OF INTERIM STATUS FROM NEWLY IDENTIFIED TC WASTESMemo
 Description: Discussion of loss of interim status (LOIS) dates for TSDFs subject to toxicity characteristic (TC) rule (55 FR 11798; 3/29/90). A facility that obtained interim status for the new TC waste is subject to federal requirements until the state is authorized for TC. Discussion of federal versus state regulation of TSDFs in authorized states that have not adopted TC rule. 3010 notification not required for facility that commenced treatment, storage or disposal after 6/27/90 but before 9/25/90.
 
07/11/1990NEWLY IDENTIFIED WASTE STREAMS AS A RESULT OF NEW TCMemo
 Description: Discuses the loss of interim status (LOIS) dates for TSDFs subject to the toxicity characteristic (TC) rule (55 FR 11798; March 29, 1990). A facility that obtained interim status for new TC waste is subject to federal requirements until the State is authorized for the TC rule. Discusses federal v. state regulation of TSDFs in authorized states that have not adopted the TC rule. RCRA Section 3010 notification is not required for a facility that commenced treatment, storage or disposal after June 27, 1990 but before September 25, 1990.
 
07/01/1990TOXICITY CHARACTERISTIC WASTE PART B PERMIT APPLICATION DEADLINESQuestion & Answer
 Description: Discusses Part A and Part B permit application deadlines for newly regulated land disposal facility and other types of facilities after promulgation of toxicity characteristic (TC) rule, and the definition of land disposal facility.
 
06/04/1990REGULATORY INTERPRETATION OF OBJECTION TO CLEAN-CLOSURE EQUIVALENCY PETITION FOR STEEL ABRASIVES, INC.Memo
 Description: All landfills, surface impoundments, waste piles, and land treatment units that received waste after July 26, 1982 are subject to post-closure permitting and Part 264 Subpart F standards unless the owner demonstrates that closure under the previous Part 265 standards met Part 264 closure by removal standards (SUPERSEDED: See 63 FR 56711; October 22, 1998). Under RCRA 3005(i), EPA has the authority to revisit interim status clean closures and require post-closure permits if closure does not meet closure by removal standards of Part 264. In order to demonstrate clean closure, an owner generally should remove “hot spots” of contamination.
 
06/01/1990APPLICABILITY OF WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: Discussion of wastewater treatment unit (WWTU) applicability to connected tanks located at different properties. Tanks at different facilities that ultimately discharge to the same CWA outfall can all qualify as WWTUs if each facility or tank and effluent is identified or controlled by NPDES permit or other CWA effluent limit.
 
05/23/1990SPLITTING FEDERAL RCRA PERMITS WITH THE STATE AUTHORIZATIONMemo
 Description: Discussion of alternatives for splitting EPA-issued permit (issued before the State received authorization) into a joint EPA-authorized State permit. Adding EPA-administered HSWA conditions to a State-issued permit is not a substantive change and could be Class 1 modification. Establishing an accelerated permit expiration date is a Class I modification.
 
05/11/1990CONOCO PART B PERMITSMemo
 Description: Pending decision on land disposal restrictions (LDR) no-migration petition, a facility may dispose nonhazardous waste in a land disposal unit undergoing delay of closure after permit modification. If a no-migration petition is denied, the unit must undergo final closure unlessthe facility can receive nonhazardous waste.
 
04/02/1990NEW WASTE STREAMS AT INTERIM STATUS FACILITIESMemo
 Description: Discusses the applicability of Section 270.72(a)(1) to previously unregulated facilities that gain interim status due to a new waste listing or characteristic.
 
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).
 
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.
 
01/26/1990ENFORCEMENT OF STATE AND EPA ISSUED PERMITSMemo
 Description: A facility with a federal RCRA permit and a state-issued permit is subject to both permits, and both federal and state enforcement until the State gains administrative authority for the RCRA permit.
 
01/01/1990TREATMENT - TWO PARTS TO DEFINITIONQuestion & Answer
 Description: The definition of treatment has two parts. Consolidating waste to facilitate disposal is treatment if mixing makes the waste less hazardous or safer to transport. Unless excluded a person treating and/or storing hazardous waste must have a permit
 
10/17/1989BURNING OF USED OILMemo
 Description: A used oil burner does not need a permit. Off-specification used oil burned in a space heaters must be from household Do-It-Yourselfers (DIYs), or be generated by an used oil burner. Off-specification used oil must be burned in space heater, industrial boiler, or industrial furnace. There are no restrictions on burning on-specification used oil.
 
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.
 
09/26/1989WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: Wastewater treatment units (WWTUs) receiving off-site wastewater meets the WWTU exemption provided prior shipment or treatment does not violate NPDES or pretreatment requirements. Tank storage or treatment prior to shipment is not exempt.
 
09/07/1989PUBLIC PARTICIPATION REQUIREMENTS FOR CLOSURE PLAN APPROVALMemo
 Description: A closure plan modification that meets the criteria for a Class 2 or Class 3 permit modification is subject to public notice and participation when submitted for approval.
 
08/22/1989DELAY OF CLOSURE RULE PREAMBLE LANGUAGE, CORRECTIONMemo
 Description: Discussion of a correction to the 8/14/89 Federal Register (54 FR 33376, Delay of Closure Rule). The 264.113(d)(4) regulatory language concerning the deadline for permit modification requests is correct while the preamble language is incorrect.
 
08/10/1989GUIDANCE ON HOW TO COORDINATE PERMIT 3004(U) AND ORDER 3008(H) REQUIREMENTS FOR CORRECTIVE ACTIONMemo
 Description: Issuance of permit requiring corrective action does not absolve facility from compliance with previous Section 3008(h) corrective action order. Section 3008(h) order effective until specifically terminated. Section 3004(u) covers release from solid waste management unit (SWMU). Section 3008(h) is not linked to specific unit.
 
07/20/1989TRANSPORTERS MOVING WASTE FROM LARGE CONTAINERS TO SMALLER CONTAINERS AT TRANSFER FACILITIESMemo
 Description: A transporter repackaging waste from one container to another (e.g., consolidating) or mixing hazardous waste at a transfer facilities does not need a permit, unless the transporter is conducting treatment.
 
07/01/1989CHANGES TO INTERIM STATUS FACILITIESQuestion & Answer
 Description: Interim status facility may build a new incinerator if the owner or operator complies with the change of interim status requirements, the change is approved by Regional Administrator (RA), and the change is not prohibited by 50% reconstruction limit. A facility must submit a revised Part A permit application under changes during interim status.
 
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.
 
06/23/1989REGULATION OF CANCELLED PESTICIDESMemo
 Description: Until the FIFRA regulations are amended to reflect RCRA Subtitle C storage standards, the regulations applicable to storage of suspended or canceled U-listed pesticides (silvex and 2,4,5-T) are determined on a case-by-case basis (SUPERSEDED).
 
06/15/1989INTERPRETATION OF RCRA REGULATIONS PERTAINING TO THE REMEDIATION OF CONTAMINATIONMemo
 Description: Exemption from permitting requirements for emergency response is not valid after the immediate response is complete. The presence of soil or groundwater contamination may indicate disposal of hazardous waste requiring a facility to obtain a permit for land disposal, even if the owner has agreed to conduct a voluntary cleanup to the state’s specifications. A post-closure permit may be appropriate.
 
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.
 
05/16/1989IN-EXISTENCE AND UNDER CONSTRUCTION-DEFINITIONSMemo
 Description: Facilities in existence upon the promulgation of new regulations may qualify for interim status. Provides a definition of in existence. Clarifies the substantial loss due to contract cancellation, continuous physical on-site program of construction, and pre-construction approvals and permits under changes during interim status.
 
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.
 
05/01/1989INTERIM STATUS VS. PERMIT MODIFICATION FOR NEWLY REGULATED UNITSQuestion & Answer
 Description: Units managing newly regulated wastes at fully permitted facilities do not qualify for interim status under 3005(e). A permittee should modify the facility’s RCRA permit. Surface impoundments requiring permit modification due to a new listing or characteristic have four years from the date of promulgation to comply with the 3005(j)(6)(A) retrofitting requirements.
 
04/19/1989GENERATOR 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.
 
04/01/1989GENERATOR 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.
 
03/28/1989REGULATORY STATUS OF WASTES GENERATED FROM ELECTROLYTIC MANGANESE DIOXIDE PRODUCTIONMemo
 Description: RCRA Subtitle C regulation may apply to electrolytic manganese dioxide that is disposed. RCRA 4005(a) prohibits open dumping of a waste into the environment. Section 402 of CWA prohibits open dumping into surface waters without a NPDES permit.
 
03/27/1989STORAGE PERMIT FOR FACILITIES INVOLVED IN HAZARDOUS WASTE RECYCLINGMemo
 Description: Hazardous waste fuel blending tanks are subject to storage regulations (not exempt recycling units). Federal regulations do not specify an allowable holding time before off-loading a shipment of hazardous waste into the recycling process. Some States may allow up to 24 hours before a storage permit is required.
 
03/23/1989POSTPONEMENT OF A LAND TREATMENT DEMONSTRATION FOR NAVAJO REFINING CO., ARTESIA, NMMemo
 Description: A permit can be appealed for reasons other than those received during comment. The effective date of a treatment demonstration does not affect the effective date of the permit. EPA can require a treatment demonstration through the omnibus provision (3005(c)(3)). Addresses the regulatory status of a facility with a two-phase permit, and the applicability of public notice and comment to changes in a land treatment demonstration start date .
 
03/20/1989PERMIT REQUIREMENTS FOR ZERO WASTEWATER TREATMENT SYSTEMMemo
 Description: A "zero discharge" wastewater system must have NPDES permit, applicable effluent guideline, or pretreatment standard specifying zero discharge to qualify as wastewater treatment unit (WWTU). A zero discharge system returning all treated water to production avoids CWA rules but does not automatically qualify for the totally enclosed treatment unit (TETU) exemption. A wastewater treatment system using open tanks and not restricting escape of contaminant to air is not a TETU. Illegal discharge of hazardous waste to river may be "subject to" CWA and eligible for industrial discharge exclusion, although discharge is a CWA violation subject to EPA enforcement action.
 
03/14/1989SECONDARY CONTAINMENT FOR EXISTING HAZARDOUS WASTE TANK SYSTEMSMemo
 Description: Secondary containment is a component of a tank system. A new secondary containment system for an existing tank system must be certified. A certified written assessment should provide information to the permit writer and enforcement official to evaluate the basis for the certifier’s assessment.
 
03/14/1989SUMMARY OF ASSISTANCE BRANCH PERMITTING COMMENTSMemo
 Description: Discusses an automatic waste feed shut-off design for munitions deactivation (popping) furnaces and fugitive emissions control from popping furnaces. Pits used for dewatering and open burning are surface impoundments, not miscellaneous units. EPA can use omnibus provisions to impose additional controls on open burning in surface impoundments. Waste explosives that do not have the potential to detonate cannot be destroyed in open burning/open detonation (OB/OD) units. Solvents contaminated with explosives that have the potential to detonate can be open burned. Because open burning/open detonation (OB/OD) of waste explosives is treatment, not disposal, the land disposal restrictions (LDR) do not apply. Treatment residues may be subject to LDR. Clarifies when the disposal of explosives requires a permit and when unused explosives become wastes (SEE ALSO: 62 FR 6622; 2/12/97). Burning commercial fuel in fire training exercises is not regulated under RCRA. Discusses methods of determining soil background levels for the clean closure of surface impoundments and waste piles, circumstances in which the unit type can be redesignated during interim status, cleanup standards for corrective action, compliance points for soil and groundwater cleanup, timing of corrective action cleanup activities and site monitoring, termination of groundwater corrective action, the use of institutional controls, the use of trial burn data from one facility at other incinerators, the evaluation of trial burn plans for popping furnaces, and the use of in-place hydraulic conductivity testing during liner installation for surface impoundments and landfills. A landfill’s clay layer component of the final cover must be completely below the average frost depth. Addresses the use of natural material (calcium carbonate) and cement kiln dust in waste stabilization, the use of the RCRA corrective action plan (CAP) in HSWA permit preparation, the use of the 261.4(f)(2) authority to implement Subpart X standards in RCRA authorized states, and the permitting deadlines for Subpart X facilities.
 
03/13/1989APPLICABILITY OF PERMITTING REQUIREMENTS TO SOLVENT RECYCLERSMemo
 Description: The direct transfer of solvents from transportation tanks into distillation equipment does not require a storage permit.
 
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.
 
03/10/1989CHARACTERIZATION OF BERYLLIUM WASTESMemo
 Description: Beryllium dust and associated wastes from the grinding and polishing of beryllium that are collected in air filtration equipment would generally not match the listing description for CCP beryllium powder (P015). The waste could be characteristic. The solidification or stabilization of hazardous waste with concrete is treatment and may trigger permitting requirements.
 
03/02/1989ECOLOTEC PERMIT REMAND ORDER AND USE OF THE OMNIBUS PROVISIONMemo
 Description: EPA may use the omnibus provision (3005(c)(3)) to deny a permit as well as to impose permit conditions that are not specified in the regulations. EPA may use 270.10(k) to require information from permit applicants concerning the permit conditions issued under 270.32(b)(2). The omnibus provision does not impose an obligation on the Agency to conduct a risk assessment at every site. The omnibus authority may encompass an authority to deny permits.
 
02/27/1989USE OF OMNIBUS AUTHORITY TO CONTROL EMMISSIONS OF METALS, HCL, AND PICS FROM HAZARDOUS WASTE INCINERATORSMemo
 Description: The omnibus authority (3005(c)(3)) can be used to control emissions (metals, HCl, products of incomplete combustion) from incinerators prior to promulgation of modified Subpart O regulations. Section 3005(c)(3) gives permit writers authority to apply permit conditions as necessary. Discussion of the establishment of interim controls for facilities that have already conducted trial burns or have approved trial burn plans.
 
01/03/1989EPA POLICY REGARDING STORAGE PERMIT REQUIREMENTS FOR OFF-LOADING HAZARDOUS WASTES DIRECTLY INTO A UNIT WITHOUT PRIOR STORAGEMemo
 Description: The EPA allows time for off-loading waste into the recycling process without obtaining a storage permit. The specific timeframe is determined by the appropriate Region or state implementing agency.
 
12/09/1988RCRA STORAGE FACILITY REQUIREMENTS, OFF-LOADING FROM TANK TRUCKSMemo
 Description: EPA allows time for off-loading of hazardous waste fuel into an incinerator without requiring a storage permit. The specific time frame determined by the appropriate Region or state implementing agency. The omnibus authority may be used to ensure safe off-loading.
 
12/09/1988STAYING HSWA PERMIT CONDITIONSMemo
 Description: The state and federal portions of a joint permit may be issued at different times. The issuance of the HSWA portion of a joint permit does not terminate a facility’s interim status. 3004(u) corrective action proceedings can become effective when a permit is issued, even if all permit appeals are not completed. The Regional Administrator (RA) sometimes has the discretion to stay or delay the effective date of the HSWA portions of an appealed state permit.
 
12/07/1988INDUSTRIAL PLATING OPERATIONS, STATUS OF VARIOUS WASTES FROMMemo
 Description: Electroless plating is not electroplating. A facility with a recycling unit needs a permit only for hazardous waste storage prior to or after recycling unless the reclamation process involves incineration or land disposal. Partially reclaimed waste which only needs further refining before it can be beneficially used may not be a waste. Partially reclaimed material may be eligible for a variance. Discussion of the regulatory status of filter cake from treatment of plating wastes. Filter cake from thre treatment of an electroplating bath is more likely to be a spent material than a sludge (i.e., plating bath is not wastewater).
 
11/30/1988INTERIM STATUS SURFACE IMPOUNDMENTS & CLEAN CLOSED WASTE PILES, CODIFICATION RULE 12/01/87Memo
 Description: The owner of a surface impoundment or waste pile that received hazardous waste after 7/26/82 and clean closed per 265 standards must submit a post-closure permit application within 6 months of an EPA request (SUPERSEDED: See 63 FR 56711; 10/22/98). An owner of a waste pile clean closed per 265 should submit an equivalency demonstration before a Part B permit application is requested. Submitting an equivalency demonstration does not exempt the owner from having to submit a post-closure permit application.
 
11/30/1988LEAKING OR DAMAGED EXPLOSIVESMemo
 Description: The treatment of leaking or damaged explosives, or undetonated explosives left after an initial firing attempt, may fall within the scope of the immediate response exemptions in 264.1(g)(8), 265.1(c)(11), and 270.1(c)(3) (SEE ALSO: 62 FR 6622; 2/12/97).
 
11/16/1988CASE-BY-CASE EXTENSIONS OF LAND DISPOSAL RESTRICTIONS EFFECTIVE DATESMemo
 Description: EPA is aware of special problems in storing dioxin-containing wastes since no facilities are permitted to treat or dispose of these wastes. Discussion of notice of information needed to process case-by-case extension application.
 
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.
 
11/01/1988CONTENTS OF PART B PERMIT APPLICATION: GENERAL REQUIREMENTSQuestion & Answer
 Description: The purpose of traffic information in a permit is to ensure the safe movement of hazardous wastes. Traffic related information is only required for the area inside and immediately surrounding a facility. Provides a general discussion of the permit requirement to provide information about the traffic pattern, the estimated volume and control of traffic, descriptions of access road surfacing, and the load bearing capacity of roads.
 
10/27/1988PESTICIDE RINSEATE TREATMENT/RECYCLING SYSTEMMemo
 Description: Tanks with no discharge because effluent is recycled or otherwise handled cannot be wastewater treatment units (WWTU). Tanks that have eliminated discharge of effluent as direct result of CWA rules and limits (zero dischargers) can qualify as WWTUs. Reclaimed wastewaters are generally not products. In certain cases, treated wastewater that is legitimately reused is considered "reclaimed" and loses its solid waste status. Listed rinsewater destined for filtering and reuse is a spent material and a solid waste prior to reclamation. Rinsing nonempty containers that held P-listed or U-listed pesticide CCPs renders rinsate listed hazardous waste.
 
10/15/1988SURFACE IMPOUNDMENT RETROFITTING AND TIME ALLOWED FOR CLOSUREMemo
 Description: A surface impoundment in existence on 11/8/84 must meet the minimum technological requirements by 11/8/88 or cease receiving waste and close unless given an approved exemption. A permit as a shield is not applicable to 3005(j).
 
10/01/1988CHANGES DURING INTERIM STATUS (REVISES SEPTEMBER 1988 MRQ)Question & Answer
 Description: The cost of adding secondary containment to a tank system to comply with 265.193 is not included when calculating the 50% change to interim status reconstruction limit under changes during interim status (SEE ALSO: this guidance supersedes RPC# 9/1/88-01).
 
10/01/1988DEFINITION OF WASTEWATER TREATMENT UNITQuestion & Answer
 Description: The removal of wastewater treatment sludges or tank bottoms for off-site disposal does not disqualify tanks from being wastewater treatment units (WWTUs).
 
09/19/1988QUESTIONS AND ANSWERS REGARDING THE HANDLING OF EXPLOSIVES AND COMMERCIAL FUELSMemo
 Description: Off-specification fuel (i.e., jet fuel, kerosene, gasoline) used to burn planes during a fire training exercise is not subject to regulation. The resulting soil contamination may later be subject to federal cleanup authorities. Law enforcement agents (BATF) transporting and detonating bombs and other reactive wastes may be exempt from RCRA Subtitle C regulation if the action is an immediate response. If it is not an immediate response, an emergency permit may be required (SEE ALSO: 62 FR 6622; 2/12/97). Dropping munitions on land and detonating bombs is not discard and is not regulated because it is the normal pattern of use. Unexploded ordnance or bullets removed from a firing range and sent for destruction via open burning/open detonation (OB/OD) are wastes subject to regulation. The open burning of hazardous waste (other than explosives) is prohibited (SEE ALSO: 62 FR 6622; 2/12/97).
 
09/02/1988SUMMARY OF ASSISTANCE BRANCH PERMITTING COMMENTSMemo
 Description: Aboveground bolted flange joints that are inspected daily do not need secondary containment. Joints where waste may contact the thread must meet the secondary containment requirement for tank ancillary equipment. A trench below tank waste lines may qualify as secondary containment if it is sized to contain a release and if the trench is dry so that leaks can be detected. Discusses the status of new tank systems at facilities permitted between 7/14/86 and 1/12/87. To meet the definition of a boiler, the combustion chamber and energy recovery section must be of integral design. A unit with a “post-combustion” chamber between the combustion and energy recovery sections is not a boiler. A unit with a combustion section connected to an energy recovery unit by a duct and a control system is not a boiler. A unit with innovative insulation installation does not qualify as boiler under a variance petition if the insulation does not provide significantly better performance. The determination of boiler efficiency should be conducted under controlled conditions following a method specified by the American Society of Mechanical Engineers. Thermal relief vents can be used in the design of a new incinerator, but a permit should require backup systems to minimize their use. Addresses the application of the minimum technology requirements (3004(o)) to the vertical and lateral expansions of surface impoundments and landfills. The minimum technology waiver petition was granted due to alternate design and operational factors. The 3004(o)(2) waiver petition that would prevent the migration of contaminated groundwater beyond the waste management area (e.g. surface impoundment) is inadequate because it does not prevent all groundwater contamination. Incinerators may be eligible for research, development, and demonstration (RDD) permits. Provides guidance on the duration of Research, Development, and Demonstration (RDD) permits beyond a calendar year and criteria for renewing RDD permits. Discusses the applicability of the new tank system regulations in authorized v. unauthorized states. Includes guidance on the selection of principal organic hazardous constituent (POHCs) and the use of surrogate v. actual wastes during the incinerator trial burn. The actual waste can be spiked during the trial burn to raise principal organic hazardous constituent levels. Addresses the sampling frequency during a trial burn. The mass feed rate of a principal organic hazardous constituent (POHC) input used for destruction and removal efficiency (DRE) calculations must equal mass feed rate in the wastestream only. When sampling for particulates and semi-volatile POHCs during an incinerator trial burn, two separate Modified Method 5 (MM5) trains should be used. Only one confirmatory sampling event is necessary to trigger compliance monitoring. Discusses the disposal of purged water generated during groundwater sampling and analysis. An owner of a landfill or surface impoundment submitting a no migration waiver petition must use a worst-case soil permeability factor in groundwater modeling. The constituent concentration, retardation factors, and constituent half-life must be evaluated when developing a model for a no migration waiver petition for a surface impoundment or a landfill (3004(o)(2)). The owner of a site with a complex hydrogeology should use a 2 or 3-dimensional model to support a no migration demonstration. Provides criteria for evaluating landfill composite bottom liner equivalency. Addresses the evaluation of a final cover slope using a soil loss equation. EPA recommends the use of glass vessels when performing compatibility testing on a high-density polyethylene (HDPE) liner. Scarifying and remolding do not meet the minimum technological requirements for a landfill secondary soil liner. A contingency plan must designate a sufficient number of emergency coordinators to provide 24-hour and vacation coverage. The federal regulations require a compressive strength test for stabilized wastes (going to a landfill) that pass the paint filter test only if true chemical stabilization has not occurred.
 
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.
 
08/01/1988CLARIFICATION OF THE USE AND MANAGEMENT OF MOUNTAIN HOME AIR FORCE BASE FIRE TRAINING PITSMemo
 Description: The open burning of hazardous waste is prohibited except as provided in 265.382 for the burning of waste explosives. Only commercial fuels may be burned in a fire training pit. A release of a material that exhibits a characteristic onto land or water is illegal disposal unless the facility is permitted or interim status.
 
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.
 
07/12/1988NOTICE 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.
 
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.
 
07/01/1988PERMITTING ISSUES (DUPONT EDGEMORE FACILITY) - GUIDANCEMemo
 Description: A facility that received a permit for a unit that was never built is still subject to the permit conditions, including corrective action. The revocation of a permit issued by a state and federal EPA is a combined state and federal action. The revocation/ termination of the state portion of a permit does not affect the HSWA portion of the permit. Procedures for extending a permit beyond the expiration date include permit modification, revocation and reissuance, and continuation. If a permit expires, EPA could pursue corrective action under 3008(a) or 7003.
 
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.
 
06/24/1988DRUM SHREDDER REGULATIONMemo
 Description: A drum shredder that processes containers filled with hazardous waste is a miscellaneous unit requiring a permit. Certain tank requirements may be appropriate for inclusion in the Subpart X permit.
 
05/31/1988DEADLINES APPLICABLE TO PROPOSED DELAY OF CLOSURE REGULATION, GUIDANCEMemo
 Description: The proposed delay of closure rule (53 FR 20738; 6/30/88) would allow owners and operators of landfills and certain surface impoundments to delay closure to receive nonhazardous waste. Units which have lost interim status are not eligible for a delay of closure. Owners of units who wish to delay closure must obtain a permit or permit modification. Surface impoundments that are not retrofitted to meet the minimum technological requirements are subject to special requirements if the owner wishes to delay closure. Units that delay closure remain subject to Subtitle C. Units remain subject to the closure plan submission deadlines despite the proposed delay of closure rule (53 FR 20738; 6/30/88). Because the proposed rule is less stringent than the existing closure regulations, authorized states are not required to adopt the new provisions. Interim status units that cease receiving hazardous waste on 11/8/88 may continue to receive nonhazardous wastes until the closure plan is approved as well as during the closure period provided it does not impede closure.
 
05/12/1988DEMONSTRATING EQUIVALENCE OF PART 265 CLEAN CLOSURE WITH PART 264 REQUIREMENTSMemo
 Description: Under 270.1(c), owners of interim status surface impoundments and waste piles who clean closed under the old Part 265 closure standards may demonstrate equivalency with the 264 closure standards. Discusses the contents of the demonstration equivalency and the procedures for submittal. If an attempt at a closure equivalency demonstration does not meet the 264 standards, the owner must submit a Part B permit application. Addresses the acceptability of specific information supporting equivalency demonstrations. An owner of an interim status landfill where waste was removed at closure can reclassify it as a waste pile and demonstrate clean closure equivalency, or the owner may request a shortened post-closure care period (SEE ALSO: 63 FR 56711; 10/22/98).
 
05/11/1988REDESIGNATION OF SURFACE IMPOUNDMENTS AS LANDFILLS DURING INTERIM STATUSMemo
 Description: An interim status surface impoundment that does not meet the minimum technological requirements must be retrofitted or closed by 11/8/88 pursuant to 3005(j). The redesignation of a unit as a landfill does not meet either criterion in 270.72(c) for changes during interim status.
 
05/01/1988RETROFITTING INTERIM STATUS SURFACE IMPOUNDMENTSQuestion & Answer
 Description: The conversion of an interim status surface impoundment into a landfill without triggering permitting would have to be approved under 270.72(c) (SUPERSEDED: See 270.72(a)(1)), and could not amount to “reconstruction” under 270.72(e) (SUPERSEDED: See 270.72(b)) under changes during interim status. An impoundment converted to a landfill in these circumstances would be an existing unit. If waste is removed and replaced, then the unit would be a replacement unit and would have to meet the minimum technology requirements (MTR) (3004(o)). If the waste addition exceeded the level in the Part A, then the unit would be an expansion subject to MTR.
 
04/22/1988MISCELLANEOUS UNITS SUBPART X, IMPLEMENTATION GUIDANCEMemo
 Description: Regions will implement the Subpart X program under 264.1(f)(2) until states revise their programs. Subpart X facilities subject to 3005(c) deadline are those with interim status by 11/8/84. Discusses permit application deadlines and content.
 
04/19/1988CALL-IN OF STORAGE AND TREATMENT APPLICATIONSMemo
 Description: Pursuant to 3005(c)(2)(C), interim status treatment and storage facilities that were in existence on 11/8/84 must submit their Part B permit applications by 11/8/88, or their interim status will terminate on 11/8/92. A facility with only tanks, containers, or incinerators must submit a closure plan 45 days prior to the date that closure will begin.
 
04/19/1988CALL-IN OF STORAGE AND TREATMENT APPLICATIONS PRIOR TO 11/08/88 DEADLINEMemo
 Description: Pursuant to 3005(c)(2)(C), interim status treatment and storage facilities that were in existence on 11/8/84 must submit their Part B permit applications by 11/8/88, or their interim status will terminate on 11/8/92. A facility with only tanks, containers, or incinerators must submit a closure plan 45 days prior to the date that closure will begin.
 
04/01/1988GROUNDWATER MONITORING - ASSESSMENT MONITORING/CORRECTIVE ACTION AT CLOSED FACILITIESQuestion & Answer
 Description: An interim status facility that triggers a groundwater assessment program (265.93(d)) during post-closure is required to perform only one groundwater assessment. A facility that stopped receiving waste on or before 7/26/82 or closed on or before 1/26/83 would not require a post-closure permit. A 3013 enforcement order can require more groundwater monitoring. A 3008(h) interim status corrective action order can require remediation.
 
04/01/1988POST CLOSURE PLANS FOR HAZARDOUS WASTE TANKSQuestion & Answer
 Description: A permit can shield a tank owner/operator from the requirement to prepare a contingent post-closure plan. Contingent post-closure plans are only required for tanks without secondary containment. The region or state implementing agency may reopen and modify a permit issued before the tank regulations were revised (7/14/86) to require a plan if cause exists.
 
03/31/1988GROUNDWATER MONITORING AT CLEAN-CLOSING SURFACE IMPOUNDMENT & WASTE PILE UNITSMemo
 Description: As a part of the clean closure certification process, EPA must review groundwater monitoring data to verify that there is no groundwater contamination from the unit. Units that have already certified clean closure without assuring clean groundwater must be reexamined. Owners of some clean-closed interim status units may be able to demonstrate that the groundwater is uncontaminated without installing a groundwater monitoring system. The 3008(a) enforcement authority can be used to obtain remedies and/or penalties under 3008(g). EPA may use 3008(h), 3013, and/or 7003 to investigate and respond to releases at units that ceased receiving waste prior to 7/26/82. EPA can invoke 3004(u) at facilities otherwise requiring a permit that improperly clean-closed.
 
03/30/1988SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: Samples taken from turbid groundwater may not be valid. Proper well development requires that wells be clay and silt free. Discusses the use of polyvinyl chloride (PVC) in well construction, the calculation of purge volume, and Part 264, Appendix IX. An accelerated groundwater monitoring schedule can be used to bring a facility into compliance. The maintenance of a groundwater monitoring network may include the redevelopment of a well. Well maintenance should be included as a permit condition. Replacement units (e.g. landfills and surface impoundments) must be retrofitted to meet the minimum technological requirements. If a proposed alternative to a double liner does not meet the requirements of 264.221(c), the location characteristics or operating practices must compensate for the deficiency. A redundant flexible membrane bottom liner may be equivalent to the 3004(o)(5)(B) interim statutory design, thus meeting the 3004(o)(1) minimum technological requirements. Addresses the use of the Hydrologic Evaluation of Landfill Performance (HELP) model v. Moore’s Equation for calculating leachate volume when designing a collection system, the proposed modifications to the cap design to reduce erosion potential, and the use of a test plot to support alternative landfill design cover. A high-density polyethylene liner must be supported by a stable base. An owner of a petroleum refinery undertaking a land treatment demonstration must fully characterize the waste, including addressing the Skinner List constituents in the waste analysis plan. A properly conducted land treatment demonstration should include an evaluation of the waste degradation, transformation, and immobilization, as well as a toxicity study. A land treatment unit cannot accept sludges containing high concentrations of water if the soil moisture conditions cause saturation of the unit. Discusses the selection of principal hazardous constituents for a land treatment unit. An owner of a land treatment unit who has not demonstrated satisfactory treatment of hazardous constituents may need to close the unit. Addresses the presence of a high water table at a land treatment unit and the possible responses. An owner of an existing interim status land treatment unit may be eligible for an immediate full-scale permit if the land treatment demonstration addresses all of the necessary requirements. In states that are authorized for the RCRA base program but not for the HSWA provisions, construction cannot begin at a new facility until both the state and EPA permits are issued. The land disposal restrictions (LDR) program is a self-implementing portion of HSWA, superseding the permit as a shield provision. Permit content should be edited for applicability, importance, clarity, and precision prior to issuance. A minimum detection limit (MDL) can be used to establish background as a groundwater protection standard. Any component required in a RCRA facility investigation (RFI), such as monitoring releases not requiring immediate response, should be included as a permit condition. Monitoring wells installed as part of a HSWA corrective action may be designated as point of compliance wells. Permits containing corrective action conditions for groundwater treatment programs must specify methods of handling groundwater containing hazardous waste and must include pumping and removal requirements. Air stripping may not be an appropriate treatment method for groundwater contaminated with methyl isobutyl ketone. A permit or 3008(h) order should address the air emissions from treatment units such as an air stripper. Includes criteria for the referral of facilities to the Agency for Toxic Substances aND DISEASE REGISTRY (ATSDR) UNDER 3019. Emerging technologies, such as in-situ bio-reclamation, should be demonstrated as effective in pilot-scale field studies prior to approval. 264 Subpart F compliance monitoring standards should be applied to the verification monitoring at solid waste management units (SWMUs) during corrective action. A HSWA corrective action pe
rmit may include a technical feasibility clause discontinuing the program once contaminant levels can no longer be reduced. EPA discourages the approval of a waiver allowing the disposal of nonhazardous waste in a landfill that has lost interim status.
 
03/10/1988CLOSURE PLAN CONTENTS AND REQUIREMENTS FOR REVISIONSMemo
 Description: An interim status closure plan must be amended at least 60 days prior to a proposed change at a facility, or within 60 days after an unexpected event (265.112(c)(2)). A closure plan must be amended 60 days before completion and operation of the treatment unit. A closure plan need not be revised if a mobile treatment unit (MTU) is mobilized or demobilized. A closure plan must account for all units at a facility that has actually been constructed (265.112(b)(1)).
 
03/08/19883008(H) ORDERS OR POST-CLOSURE PERMITS AT CLOSING FACILITIES, USE OFMemo
 Description: Addresses the use of 3008(h) corrective action orders and post-closure permits with 3004(u) and 3004(v) authorities at facilities undergoing closure (SEE ALSO: 63 FR 56711; 10/22/98).
 
03/07/1988SLUDGE DEHYDRATION EQUIPMENT THAT IS PART OF A WASTEWATER TREATMENT FACILITYMemo
 Description: The wastewater treatment unit (WWTU) exclusion does not apply to conventional incinerators even when they are part of a wastewater treatment system. Sludge dehydration equipment (i.e., sludge dryers) qualifies for the WWTU exclusion, provided the equipment meets the definition of a WWTU and is used to evaporate water from sludge. Most sludge dryers meet the definition of a tank. Sludge dryers that are not eligible for the WWTU exclusion are subject to either 265 Subpart P or 264 Subpart X.
 
02/23/1988REPORTING REQUIREMENTS SECTION 270.30(1)(10)Memo
 Description: Certain instances of non-compliance do not require reporting under 270.30(l)(10). These are limited to minor recordkeeping, reporting, and similar oversights that are immediately corrected. 270.30 reporting requirements are limited to non-compliance with permit conditions (SEE ALSO: 60 FR 66706; 12/22/95).
 
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.
 
02/10/1988VERTICAL EXPANSION AT U.S. ECOLOGY'S TRENCH 10, BEATTY, NEVADA FACILITYMemo
 Description: Landfill vertical expansion is limited by federal, state, and local permits in effect prior to HSWA. Vertical expansion after 11/8/84 constitutes a new unit that is subject to the minimum technological requirements (MTR). When there is no elevation limit in the permit, consider the slope of the cover at closure.
 
02/08/1988CLOSURE PERFORMANCE STANDARDMemo
 Description: EPA may use closure performance standards, post-closure permits, or 3008(h) orders to ensure effective closure. A closure performance standard can be used to require source control at a leaking surface impoundment. Closure must be consistent with future corrective action.
 
02/02/1988CLOSURE REQUIREMENTSMemo
 Description: EPA recognizes the inconsistencies between the tank and container closure requirements and plans to revise Subpart I to ensure consistency. The 3/19/87 clean closure guidance (52 FR 8704) should be applied to closure by the removal of wastes from any RCRA unit. EPA plans to allow interim status and permitted landfills to defer closure to manage nonhazardous wastes. Characteristic waste must be managed as hazardous unless it no longer exhibits any of the four characteristics. Discusses the more protective clean closure action levels v. hazardous waste identification levels. Listed wastes and any waste residues or contaminated soil or debris removed during closure are hazardous unless delisted. The concentrations of total organic carbon (TOC) and total organic halogens (TOX) cannot be used to determine if decontamination wastewater is hazardous.
 
02/02/1988DETERMINATION OF THE APPLICABILITY OF A TOTALLY ENCLOSED TREATMENT (TET) EXEMPTIONMemo
 Description: Cupolas are part of an industrial process while baghouses are part of a treatment process. Treatment in ducts between a cupola and a baghouse may qualify for the totally enclosed treatment unit (TETU) exemption if the unit’s design is sealed and prevents routine releases. The baghouse and any treatment downstream from it do not qualify for the TETU exemption because the baghouse is open to the environment. No sampling is required if the system qualifies as a TETU.
 
02/01/1988BLENDING OF HAZARDOUS WASTE FUEL BURNED IN CEMENT KILNSQuestion & Answer
 Description: Tanks in which hazardous waste fuels are blended are regulated by 264 Subpart J/265 Subpart J regardless of the type of unit in which the waste will be burned. Blending tanks are subject to the same regulations as storage tanks (266.31(c) cement kiln exclusion SUPERSEDED: See 266 Subpart H).
 
02/01/1988CLEAN CLOSURE OF INTERIM STATUS SURFACE IMPOUNDMENT AND WASTE PILEQuestion & Answer
 Description: Surface impoundments, waste piles, landfills, and land treatment units which received waste after 7/26/82 or certified closure after 1/26/83 must either have post-closure permits or demonstrate that clean closure was equivalent to Part 264 closure (270.1(c)) (SEE ALSO: 63 FR 56711; 10/22/98). Post-closure permits for these units would include Part 264 groundwater monitoring, unsaturated zone monitoring, corrective action and post-closure care.
 
02/01/1988CORRECTIVE ACTION AND PERMITSQuestion & Answer
 Description: Permits issued prior to HSWA cannot be reopened for the purposes of 3004(u) corrective action. Most permits contain a reopener clause. 270.41(a)(2) may be used to reopen a permit if contamination is discovered after a permit is issued. A permit as a shield does not protect facilities from the reopening of a permit when new information surfaces. 270.41(a)(3) allows a permit to be modified to include land disposal restrictions.
 
01/29/1988CLOSURE REQUIREMENTS AT FACILITIES HAVING DELISTING EXCLUSIONS REVOKEDMemo
 Description: Final exclusions are considered fully retrospective, so that waste is assumed to have always been nonhazardous. A unit handling a waste that has received a final exclusion is not subject to Subtitle C unless it also contains non-excluded waste. 3005(i) (codified in 270.1(c)) is a HSWA provision and is implemented by EPA until a state becomes authorized for that provision. Wastes granted temporary exclusions and later denied final exclusions using post-HSWA criteria were nonhazardous only during the time that the temporary exclusion was in effect. The regulatory status of units accepting temporarily excluded wastes depends on whether the units accepted waste before or after the temporary exclusions.
 
01/28/1988PERMIT REQUIREMENTS FOR REMOTE SECONDARY CONTAINMENT AREA FOR DIRECT OFFLOADING OF HAZARDOUS WASTE-DERIVED FUEL INTO A CEMENT KILNMemo
 Description: Primary containment sumps designed to collect and transport routine and systematic discharges of hazardous waste are subject to the tank standards. Secondary containment sumps are exempt from the secondary containment requirement. Temporary tanks used for immediate response are exempt.
 
01/13/1988GUIDANCE IN DESIGNATING POHC'SMemo
 Description: The incinerability ranking used to designate principal organic hazardous constituents (POHCs) at incinerators can be based on many methods, including the heat of combustion or on the thermal stability index. Additional factors can be applied to POHC designation. Discusses surrogate compound availability. Includes an incinerability ranking.
 
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).
 
01/01/1988DISPOSAL 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.
 
01/01/1988FEDERAL AUTHORITY OVER AUTHORIZED STATESQuestion & Answer
 Description: EPA and states coordinate activities for joint HSWA and non-HSWA permits (3006(c)(4)). EPA retains oversight authority in authorized states to withdraw state programs (3006(e)), to revoke permits (3008(a)(3)), and to take action under 7003. States must sign a memorandum of agreement (MOA) with EPA in order to get authorized. EPA issues permits until states receive interim or final authorization.
 
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.
 
12/28/1987PROPOSED RULES IMPACT ON PERMIT DEADLINESMemo
 Description: When a draft rule contains a requirement that is applicable to a permit that the permit writer is drafting, and the requirement is necessary to protect human health and/or the environment, the permit writer can use 3005(c)(3) omnibus provision to add the requirement to the draft permit.
 
12/21/1987VOLUNTARY CORRECTIVE ACTIONMemo
 Description: Includes potential options for streamlining voluntary corrective action cleanups to allow certain low-concern treatment activities to be conducted without a permit.
 
12/21/1987WASTEWATER TREATMENT AND ELEMENTARY NEUTRALIZATION UNITS EXEMPTIONMemo
 Description: Provides a clarification of wastewater treatment facility. A facility must be on site and have an NPDES permit or discharge to a POTW. The means of conveyance between units does not matter. Wastewater treatment units (WWTUs) can receive wastewater from off site and remain exempt. A tank system used to manage wastewater prior to an off-site transfer is not covered by the exemption. Discusses zero-discharge NPDES permits and wastewater treatment units (WWTUs).
 
12/17/1987CLOSURE AND POST-CLOSURE ISSUES FOR INTERIM STATUS SURFACE IMPOUNDMENTSMemo
 Description: EPA may extend the time allowed for the closure of a surface impoundment to allow groundwater corrective action so that the owner can achieve clean closure. Units closing by removal under Part 265 (e.g. surface impoundments, waste piles, and land treatment units) must obtain post-closure permits unless the owner demonstrates equivalence with 264.228, 264.280(e), or 264.258 closure by decontamination standards (SEE ALSO: 63 FR 56711; 10/22/98). The owner of an interim status landfill that has closed by removal and has not triggered groundwater assessment does not have to monitor groundwater for the full list of Appendix VIII or IX constituents. Groundwater evaluation conducted as part of the 265 clean-closure demonstration should establish constituents that could reasonably be expected to exist at the impoundment. A surface impoundment that has triggered groundwater assessment may not be able to clean close.
 
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).
 
12/09/1987INCINERATOR TRIAL BURN SCHEDULESMemo
 Description: The Hazardous Waste Incinerator Permitting Study indicates that it may take 11 months after a trial burn before an incinerator permit is issued.
 
11/25/1987INTERIM STATUS EXPANSION TO ADD AN INCINERATORMemo
 Description: A facility could add an incinerator as a change in interim status under 270.72(c), but EPA recommends including proposed incinerators in the permit process due to concerns about the addition of new incinerators without trial burns and public participation. EPA may use discretion when deciding whether or not to approve the addition of an incinerator as a change in interim status. EPA believes it is unwise to allow the operation of new incinerator without a trial burn and public participation.
 
11/25/1987TREATMENT SURFACE IMPOUNDMENTS, REGULATORY OPTIONS AVAILABLE TO WOOD PRESERVERSMemo
 Description: A wood preserving treatment surface impoundment is not a hazardous waste experiment unit. A wood preservative surface impoundment must obtain a permit, close, or convert to a land treatment unit.
 
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).
 
11/17/1987COMPRESSIVE STRENGTH OF TREATED WASTES - USE OF SW-846 METHODS, WASTE IDENTIFICATIONMemo
 Description: EPA does not recommend that a specific compressive strength be incorporated into permits for wastes subject to the liquid absorption/adsorption treatment. The compressive strength should increase over time. Permit writers may require facilities to use SW-846 methods.
 
11/16/1987RCRA PERMIT REQUIREMENTS FOR STATE SUPERFUND ACTIONSMemo
 Description: A state authorized to conduct RCRA base permit program will generally have authority to waive RCRA permit requirements for state Superfund actions as long as the state has authority under its own statute or regulations to grant permit waivers, and the state waiver authority is used in a manner no less stringent than allowed under federal permit waiver authority. EPA may restrict state permit waiver authority during the RCRA authorization process.
 
11/13/1987PERMIT COMPLIANCE/ENFORCEMENT ISSUES (REG. X); REGION X'S RECOMMENDED REVISION OF 40 CFR 270.4(A) AND 270.32(B)(1)Memo
 Description: Self-implementing facility standards imposed by HSWA as well as the land disposal restrictions (LDR) apply to all permitted facilities despite the permit as a shield provision, except in those cases where the self-implementing requirements have been incorporated into the permit.
 
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.
 
11/10/1987FACILITIES UNABLE TO MEET LIABILITY COVERAGE REQUIREMENTSMemo
 Description: Only a few hazardous waste facilities have been prevented from obtaining a permit because of noncompliance with the liability coverage.
 
11/01/1987CLOSURE PLAN PUBLIC COMMENT PERIODQuestion & Answer
 Description: There is no specific time-frame for the Regional Administrator (RA) to initiate the 30-day public comment period for interim status closure plans.
 
11/01/1987EXPOSURE INFORMATION REQUIREMENTSQuestion & Answer
 Description: While the failure to include exposure information with a Part B application does not cause the permit application to be considered incomplete, it is a violation of RCRA 3019. Explains the necessary exposure information under 270.10(j).
 
11/01/1987SECTION 270.72 CHANGES IN INTERIM STATUSQuestion & Answer
 Description: An owner of an existing interim status facility can sell a portion of the facility to a new owner, transferring interim status for that part of facility to new owner. The new owner must comply with Part 265 requirements. Any changes are subject to 270.72 limitations.
 
10/15/1987VIABILITY OF TRIAL BURN RESULTS WITH INCOMPLETE VOST DATAMemo
 Description: A facility receiving incomplete VOST data must run a second trial burn for the incinerator.
 
10/08/1987DECISION DEADLINES FOR RETROFITTING WAIVER REQUESTSMemo
 Description: Interim status surface impoundment retrofit waivers are not necessary for units holding Bevill exempt mining and mineral processing wastes.
 
10/01/1987APPLICABILITY OF THE §261.4(A)(2) EXCLUSIONSQuestion & Answer
 Description: Wastewater diverted from an outfall to a surface impoundment that does not mix with U.S. waters does not qualify for the industrial wastewater discharge exclusion. Discharge to the impoundment is illegal operation of unit. Discusses the CWA definitions of “discharge of pollutant” and “waters of the United States.”
 
09/18/1987EXTENSION OF DEADLINE FOR PART A SUBMITTAL AND INTERIM STATUS APPLICABILITY FOR CEMENT KILNSMemo
 Description: Addresses the extension of the deadline for submission of Part A applications for big city cement kilns subject to 3004(q)(2).
 
09/17/1987LAND DISPOSAL FACILITIES NOT ON A PERMITTING OR CLOSURE SCHEDULEMemo
 Description: Certain facilities lack a multi-year strategy for permitting or closure. EPA plans to resolve the regulatory status of these facilities as soon as possible.
 
09/15/1987LAND DISPOSAL RESTRICTIONS EFFECT ON PERMITSMemo
 Description: Certain HSWA provisions, such as the land disposal restrictions (LDR), supersede the permit as a shield provision and apply to all facilities regardless of their current permit conditions.
 
09/03/1987CEMENT KILN BURNING HAZARDOUS WASTE FUELS DURING INTERIM STATUSMemo
 Description: Provides an interpretation of the 3005(e) provisions governing interim status qualification for big city cement kilns burning hazardous waste fuels. Discusses the 3004(q)(2) requirement that certain big city cement kilns comply with incinerator standards. Clarifies “in existence,” 3010(a) notification requirements, and Part A submission.
 
09/02/1987LIME STABILIZED WASTE PICKLE LIQUOR SLUDGE EXCLUSIONMemo
 Description: Lime-stabilized waste pickle liquor (K062) sludge is exempt via the derived-from rule and is no longer listed. The stabilization of K062 is treatment and may require a permit.
 
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).
 
08/13/1987NEGOTIATED PERMITSMemo
 Description: Addresses a proposal to implement a formal negotiating process in issuing permits.
 
08/13/1987USED CRANKCASE OIL DISPOSED OF BY DO-IT-YOURSELFERSMemo
 Description: Used oil disposed by “Do-It-Yourselfers” is exempt as household hazardous waste. No federal permits are required for used oil collection, transportation, recycling, or disposal (SEE ALSO: Part 279).
 
08/12/1987EXTENSION 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.
 
08/07/1987MTR COMPLIANCE DATES FOR SURFACE IMPOUNDMENTS (THERMEX ENERGY)Memo
 Description: The loss of a temporary exclusion is the same as being a newly listed waste for purpose of complying with minimum technical requirements (MTR) for surface impoundments (SIs). There is a conflict between the Section 3005(j)(1) and Section 3005(j)(6) MTR dates. Part B permit application for an interim status facility is due when requested by the State or Regional office. Implementation of closure must begin either 90 days after the SI stops receipt of waste or when the closure plan is approved. The time allowed for closure implementation or completion may be extended.
 
08/07/1987PERMIT REQUIREMENTS, THERMEX ENERGY/RADIANMemo
 Description: The loss of a temporary exclusion is the same as being newly listed for the purpose of complying with the minimum technical requirements (MTR) for surface impoundments (SIs). Addresses the conflict between the 3005(j)(1) and 3005(j)(6) MTR dates. Part B permit applications for interim status facilities are due when requested by a state or Regional office. A facility must initiate closure either 90 days after the SI stops receiving waste or when the closure plan approved. The time for closure implementation or completion may be extended.
 
08/03/1987SLUDGE DEHYDRATION EQUIPMENTMemo
 Description: Sludge dehydration equipment that is part of a wastewater treatment system is exempt from permitting if the equipment meets the definition of a wastewater treatment unit (WWTU) and is used to evaporate water from sludge. The exemption does not apply to incinerators.
 
08/03/1987SLUDGE DEHYDRATION EQUIPMENT AS A WASTEWATER TREATMENT UNITMemo
 Description: Sludge dehydration equipment that is part of a wastewater treatment system is exempt from permitting if the equipment meets the definition of a wastewater treatment unit (WWTU) and is used to evaporate water from sludge. The exemption does not apply to incinerators.
 
08/01/1987CHANGES AT INTERIM STATUS TANK FACILITIESQuestion & Answer
 Description: Upgrading an interim status tank to meet the secondary containment requirements constitutes a change during interim status and requires the submission of a revised Part A prior to the change. The cost of retrofitting the tank may exceed the 50% reconstruction limit.
 
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)).
 
07/24/1987ALTERNATE CONCENTRATION LIMIT (ACL) POLICY FOR HSWA PROVISIONSMemo
 Description: The 3005(j) aggressive biological treatment surface impoundment retrofitting exemption requires interim status facilities to be in compliance with a permitted facility groundwater monitoring program. Alternate concentration limits (ACLs) can be used to determine which groundwater monitoring program, compliance or corrective action, should be added to the permit.
 
07/24/1987WASTES GENERATED BY COKE AND COAL TAR PLANTSMemo
 Description: There are no solids or organics content or % water limits for “primarily aqueous” wastewater streams. Addresses the industrial wastewater discharge exclusion (261.4(b)(2)) and “commonly defined by the industry as wastewaters,” and provides examples. The wastewater treatment unit (WWTU) exemption is not for surface impoundments. Discusses “trigger” levels for possible coke by-product K-listings. The listing will be based on 261.11 criteria, which are based on potential hazards and mismanagement, but are not based directly on waste minimization.
 
07/23/1987INTERIM STATUS TSDFS WASTE FROM DIFFERENT SIZE GENERATORSMemo
 Description: A TSDF that qualified for interim status for receiving SQG waste may also receive waste from generators of all sizes.
 
07/22/1987FIRE TRAINING PITS, REGULATORY REQUIREMENTS FORMemo
 Description: Open pit burning of commercial fuels (kerosene, gasoline, jet fuel) for a fire training exercise is product use. Open burning (except waste explosive detonation) of other chemicals (used oil, spent solvents) that are not commercial fuels needs a permit or interim status. If a listed waste burned in an unlined pit seeps into the soil, the soil is regulated as hazardous until the waste is removed under the contained-in policy. If the original waste was not listed, the soil can still be hazardous waste if it is characteristic (SEE ALSO: 61 FR 18779; 4/29/96).
 
07/17/1987DEACTIVATION (POPPING) FURNACES AS INCINERATORSMemo
 Description: Popping furnaces meet the definition of an incinerator since the process that occurs in the enclosed units is controlled flame combustion. Interim status for incinerators terminated 11/8/89 if a Part B permit application was not submitted by 11/8/86 per 270.73(f) (memo inaccurately cites 11/19/86 and 11/19/89 - should be 11/8/86 and 11/8/89).
 
07/14/1987ACLS APPLIED TO SURFACE IMPOUNDMENT RETROFITTING PROVISION 3005(J)(3)Memo
 Description: Alternate concentration limits (ACLs) are part of the groundwater monitoring requirements for permitted facilities. The applicability of ACLs to an exemption request is governed by state law and regulations (3005(j)(3) and 3005 (j)(7)) for surface impoundment retrofitting.
 
07/14/1987GENERATOR 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.
 
07/01/1987RETROFITTING FOR PERMITTED SURFACE IMPOUNDMENTSQuestion & Answer
 Description: The owner of a surface impoundment under interim status on 11/8/84 must comply with the minimum technological requirements by 11/8/88, even if the facility receives a permit before 11/8/88. EPA must issue or deny permits by 11/8/88 for all land disposal units under interim status on 11/8/84.
 
06/30/1987RCRA PERMITS WITH HSWA CONDITIONS - JOINTLY ISSUED PERMITSMemo
 Description: Federal and state portions of joint permits should be issued at the same time, even if portions of the permit pertain to HSWA requirements. New facilities cannot begin construction, and existing facilities cannot expand beyond interim status limits without a complete permit under changes during interim status. Addresses the impact on HSWA conditions of a permit if only the state portion is appealed.
 
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).
 
06/24/1987OPERATOR AT GOVERNMENT-OWNED CONTRACTOR-OPERATED (GOCO) FACILITIESMemo
 Description: Contractors responsible or partially responsible for the operation, management or oversight of hazardous waste activities at a government- owned contractor-operated (GOCO) facility should sign the permit application as an operator. In some cases, both the federal agency and contractor are operators. Multiple signatures are appropriate. Discusses cogenerators,
 
06/17/1987GROUNDWATER MONITORING AT REGULATED UNITS NEAR SWMUS THAT HAVE IMPACTED GROUND WATERMemo
 Description: Permits may be issued to regulated units that are constructed near solid waste management units (SWMUs) with contaminated groundwater, or near groundwater with high background contamination, if certain conditions are achieved (SEE ALSO: 264.90(f) and 63 FR 56711; 10/22/98).
 
06/12/1987FILTER PRESS PROPOSED AS PART OF CORRECTIVE ACTION - NOT EXCLUDED FROM PERMITTINGMemo
 Description: A filter press may meet the totally enclosed treatment unit (TETU) definition. The wastewater treatment unit (WWTU) definition has no formal definition of wastewater. A CWA permit is not required for a WWTU, but discharge that occurs needs to be subject to CWA. The exemption from the definition of solid waste for materials that are recycled or reclaimed requires waste to be returned to the manufacturing process, not to another treatment unit.
 
06/09/1987SURFACE IMPOUNDMENT CLOSURE, APPLICABILITY OF 3005(I) OF RCRA TOMemo
 Description: An owner who closes an interim status surface impoundment but does not demonstrate compliance with 265.228(a) closure by removal standards is subject to a post-closure permit, including groundwater monitoring and corrective action (SEE ALSO: 63 FR 56711; 10/22/98).
 
06/05/1987OSHA HAZARDOUS WASTE SITE ACTIVITYMemo
 Description: EPA and OSHA do not have a signed agreement to conduct joint inspections or to make referrals. OSHA may have information useful for RCRA permit writers who are evaluating elements of Part B applications, such as worker safety and contingency plans.
 
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.
 
06/01/1987MOBILE WASTEWATER TREATMENT UNITSQuestion & Answer
 Description: A mobile treatment unit can be a tank. A mobile tank can be used as a part of an exempt wastewater treatment unit (WWTU). provided it is stationary when in operation.
 
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).
 
04/20/1987TEMPORARY TANK SYSTEMS USED IN RESPONSE TO EMERGENCIES, REQUIREMENTS FORMemo
 Description: Temporary tanks are used for responses to unexpected occurrences are covered under emergency permit provisions. A secondary containment system does not need secondary containment. A stand-by tank is not a temporary tank.
 
04/15/1987SURFACE IMPOUNDMENT RETROFITTING REQUIREMENTSMemo
 Description: Permits issued to existing surface impoundments must require retrofitting within four years. The regulations force closure of all impoundments that do not retrofit. Permitted impoundments forced to close must follow the closure plan in the permit. Interim status impoundments must follow 265.113.
 
04/02/1987RELEASES 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.
 
03/31/1987REGION III ISSUES ON SECTION 3004(U) AUTHORITYMemo
 Description: Enforcement for waste disposal on a property that is not contiguous with a facility must be addressed under 7003 rather than 3004(u). Discusses the applicability of the solid waste management unit (SWMU) definition to process collection sewers. 3004(u) may be used in a limited manner to require monitoring and detection systems where releases are likely but have not yet occurred. Permitting and corrective action apply to all SWMUs at a facility, even if a portion of the facility is leased to another party.
 
03/30/1987SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: A native soil foundation does not constitute a liner for the purposes of the 3005(j)(2) waiver. A 264.282 compatibility demonstration applies to both hazardous and nonhazardous waste. Addresses HSWA waste minimization requirements (3002(b)) and the application of sludge to land treatment units. The identification of principal hazardous constituents for land treated wastes must include all constituents that may enter the waste stream. A land treatment unit performance evaluation must include the unit’s ability to treat and degrade organic constituents, as well as its ability to immobilize heavy metals. Provides guidance on the frequency of soil pore liquid sampling at land treatment units (unsaturated zone monitoring) and guidance on screening groundwater monitoring wells. QA/QC methodology at a land treatment unit should include verification of the organic constituent analysis by gas chromatography/mass spectroscopy (GC/MS). Includes guidance on the content of construction quality assurance plans. A person who conducts quality assurance measures for surface impoundments, waste piles, and landfills should be independent of the construction contractor. Discusses the use of Method 9090 for compatibility testing of liner materials with waste or leachate. All man-made materials that contact waste or leachate should be subjected to the immersion test portion of 9090. A sample of waste or leachate used in compatibility testing must be representative of the actual waste or leachate managed in the surface impoundment, waste pile, or landfill. A concrete pad cannot be equivalent protection. If the design slope of a final landfill cover exceeds 3-5%, the applicant must demonstrate that soil erosion will not be excessive and may need to perform a slope stability analysis. Waste and soil settlement must be included in calculations for the final landfill cover design to be substituted for a waste pile liner as equivalent protection under 3015(a). A flexible membrane liner should not be used in a final cover when the landfill is unusually deep and slopes are steep. Clean, not contaminated, soil should be used for the final cover. A leachate collection system design should be based on realistic infiltration rates. Geogrid and geotextile materials used in place of conventional drainage materials for a landfill must have an equivalent drainage capacity of a one-foot layer of compacted sand. Berms constructed of manufactured slag should not contain hazardous constituents. For landfills, the use of a composite primary liner below the primary synthetic liner is allowable. An owner of a land treatment unit who cannot establish vegetative cover may use an alternate closure procedure. A facility cannot extend closure in order to receive nonhazardous waste (SUPERSEDED: see current 264.113(d)). Addresses the role of the Agency for Toxic Substances and Disease Registry (ATSDR) in exposure information and evaluation. The review of Exposure Information Reports should be coordinated with ongoing RCRA Facility Assessments.
 
03/25/1987DEPARTMENT OF ARMY MUNITION DEACTIVATION POPPING FURNACEMemo
 Description: An applicant must provide a rationale to the permitting authority showing that the proposed trial burn waste represents the worst case scenario.
 
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.
 
03/17/1987TOTALLY ENCLOSED TREATMENT EXEMPTION APPLICABILITY TO A BAGHOUSE SYSTEMMemo
 Description: The totally enclosed treatment unit (TETU) exclusion is intended to exempt treatment in pipes exiting a process unit. A treatment unit must be connected directly to a process unit. A dust fixation system is not connected directly to a process. A treatment unit downstream of a baghouse is not a TETU.
 
03/11/1987CONTAMINATED GROUNDWATER, REGULATORY STATUS OFMemo
 Description: Interim status standards, not 264 standards, are imposed under 3008(h) orders. A treatment system for contaminated groundwater should be handled as a change during interim status. The leakage of hazardous waste compounds from process areas meets the definition of discarded. 264.1 and 265.1 provide exemptions for immediate response activities.
 
03/11/1987REPLACEMENT UNIT, DEFINED - WASTE CONSOLIDATION FROM SEVERAL IMPOUNDMENTSMemo
 Description: A replacement surface impoundment or landfill is a unit that is taken out of service, emptied by removing waste, and reused. A replacement unit must meet minimum technological requirements before reuse. An impoundment may change to a landfill during interim status, but becomes a replacement unit under changes during interim status (SEE ALSO: 270.72(b)).
 
03/06/1987FEDERAL FACILITIES INVENTORY UNDER RCRA 3016Memo
 Description: Discusses the availability of forms and instructions for the 1988 federal facility inventory and the applicability of RCRA to CERCLA cleanups. If Installation Restoration Program (IRP) sites are subject to both RCRA and CERCLA, the requirements of both programs must be satisfied. Under 3004(u), RCRA permits must address corrective action for releases from any inactive, closed inactive, closed, or abandoned units at a facility.
 
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.
 
03/02/1987LIABILITY REQUIREMENTS FOR FACILITIES ACTIVELY SEEKING A RCRA PERMITMemo
 Description: Facilities seeking a permit must demonstrate financial assurance prior to permit issuance. Facilities who satisfactorily demonstrate compliance with the other Part 264 requirements, but cannot obtain financial assurance, may be given extra time to find alternative mechanisms before the permit is denied.
 
03/01/1987CONSTRUCTION DURING INTERIM STATUSQuestion & Answer
 Description: The reconstruction cost limit for interim status facilities is based on the facility’s capacity at the time the Part A was submitted under changes during interim status. Construction costs are additive through the interim status period and are based on current dollars.
 
03/01/1987CONSTRUCTION DURING INTERIM STATUSQuestion & Answer
 Description: A facility retains interim status until a permit is granted, interim status is terminated, or interim status is lost. A facility which had interim status and which closed all units retains interim status. The costs of building new storage areas cannot exceed the 50% reconstruction cost. A modified Part A must be submitted under changes during interim status.
 
02/25/1987VULNERABILITY GUIDANCEMemo
 Description: Discusses the applicability of the groundwater vulnerability guidance to RCRA permitting standards. It may be used for site characterization, surface impoundment retrofitting variances, leachate migration potential and impact, and hydraulic conductivity data collection.
 
02/24/1987WASTEWATER 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).
 
02/01/1987LAND 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.
 
01/01/1987CORRECTIVE ACTION - 3008(H)Question & Answer
 Description: 3008(h) applies to facilities which treat, store, or dispose of hazardous waste but that did not apply for interim status; units or facilities at which active operations have ceased and interim status has been terminated; and units which are currently operating under interim status. 3008(h) can be used to compel responses to releases at facilities that lost interim status prior to 3008(h) action.
 
01/01/1987CORRECTIVE ACTION 3008(H) FOR CONTAINER STORAGE FACILITYQuestion & Answer
 Description: EPA can issue a 3008(h) corrective action order for solid waste management units (SWMUs) at an interim status facility that has closed. A facility with closed units can retain interim status.
 
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).
 
12/29/1986SURFACE IMPOUNDMENTS VIS-A-VIS NPDES-PERMITTED DISCHARGE POINTSMemo
 Description: A surface impoundment managing hazardous waste and that was not created by impounding water from “water of the US” is subject to RCRA. An impoundment located downgradient of an NPDES discharge point is regulated under CWA. Permit conditions are established by an EPA officer, not by the TSDF owner or operator.
 
12/22/1986GENERATOR 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.
 
12/22/1986TOTALLY ENCLOSED TREATMENT EXEMPTION APPLICABILITY TO A BAGHOUSE SYSTEMMemo
 Description: Baghouses do not remove 100% of hazardous constituents, and treatment downstream of a baghouse is not part of a totally enclosed treatment unit (TETU). A baghouse is not part of an industrial production process, but is associated with waste treatment. Manufacturing process units are not subject to RCRA.
 
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.
 
12/12/1986CLARIFICATION OF REGULATORY STATUS OF SPENT FLUIDIZED BED MEDIAMemo
 Description: Spent fluidized bed media contaminated from treating hazardous waste is not subject to the mixture or derived-from rules, but is hazardous waste via the contained-in policy. For a new incinerator at an interim status facility, revise the Part A application per changes during interim status regulations. The permitting agency approves the change, and the cost cannot exceed 50% of reconstruction under changes during interim status.
 
12/10/1986DENIAL OF RCRA OPERATING PERMITSMemo
 Description: EPA can deny a permit for the active life for a facility while requiring a post-closure permit.
 
12/10/1986PERMITTING UNITS OR FACILITIES THAT HAVE LOST INTERIM STATUSMemo
 Description: Facilities that have lost interim status may apply for a Part B permit. EPA should review closure plans of facilities that have lost interim status without regard for pending permit applications. Discusses EPA policy for implementation of closure regulations for units pending permit approval or denial. Minimum technological requirements (3004(o)) may apply to a unit that lost interim status, closed, and reopened under a Part B permit.
 
12/05/1986SPENT FLUIDIZED BED MEDIA AND CHANGES UNDER INTERIM STATUSMemo
 Description: Spent fluidized bed media contains listed hazardous waste. The owner of an interim status facility can add a new incinerator, provided the conditions in 270.72 (changes during interim status) are met. The owner cannot exceed the 50% reconstruction limit.
 
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.
 
12/01/1986TREATMENT CAPACITYQuestion & Answer
 Description: Under section 270.42, the addition of new wastestreams to an existing permit is a minor permit modification provided certain conditions are met (SUPERSEDED: See current 270.42)).
 
11/30/1986TRUCK OR RAIL SHIPMENT OF HAZARDOUS WASTE TO A POTWMemo
 Description: Waste that is shipped by truck, rail, or a dedicated pipe to a POTW is not eligible for the domestic sewage exclusion. The waste must pass through sewer system to be eligible. A POTW managing such waste would be subject to regulation but may have a permit-by-rule. The residues from treatment of such a waste would be hazardous.
 
11/28/1986TANK RULES APPLIED TO WWT UNITS AND DISTRIBUTION SYSTEMSMemo
 Description: A wastewater treatment unit (WWTU) is not subject to permitting. The closed-loop exclusion applies to a reclaimed material returned to the production process, production process is the manufacturing or primary activity. A manhole or sump serving as secondary containment must comply with Subpart J except for section 264.193.
 
11/24/1986PROPOSED PERMIT-BY-RULE FOR USED OIL RECYCLERSMemo
 Description: The filing of a used oil burner notification form 8700-12 before the effective date of the used oil rule will not subject the filer to the standards. Filing 8700-12 does not subject the filer to section 3004(u) corrective action. 8700-12 is not a permit application. A discussion of the proposed permit-by-rule provision for used oil recyclers per section 3014(d).
 
11/21/1986ATSDR HEALTH ASSESSMENTS UNDER RCRA 3019Memo
 Description: An overview of public petitions for assessments at RCRA sites under section 3019 and the Agency for Toxic Substances and Disease Registry (ATSDR) health assessments.
 
11/20/1986CONTAMINATED GROUND WATER AND VOLATILES FROM AIR STRIPPING, TREATMENT OFMemo
 Description: Contaminated groundwater is not a solid waste but must be handled as if it were a hazardous waste if it contains hazardous waste (contained in policy). Units handling such groundwater must be hazardous waste units. Such units may be exempt from permitting under the section 270.72 changes during interim status. Volatile organics released to the air during remediation are not solid wastes, but a release of hazardous constituents is subject to section 3008(h) corrective action authorities. The statute requires both air and groundwater contamination to be addressed. (SEE ALSO: 264/265 Subparts AA, BB, CC). A 1977 spill from a UST is subject to section 9003 corrective action is not subject to section 3008(h). The spraying of treated waste on land is land disposal and is subject to the land disposal restrictions (LDR).
 
11/20/1986POST-CLOSURE PERMIT REQUIREMENTS (ARMCO STEEL)Memo
 Description: The owner of a facility that ceased receiving hazardous waste on 1/26/83 and certified closure in 9/84 must obtain a post-closure permit (SUPERSEDED: See 63 FR 56711; 10/22/98).
 
11/13/1986GROUNDWATER CONTAMINATED WITH HAZARDOUS WASTE LEACHATEMemo
 Description: Groundwater is not a solid waste and is not subject to the mixture rule. Collected groundwater with hazardous waste (HW) leachate is handled as if it is a HW until it no longer contains a HW. Collected groundwater contaminated with a listed HW may be treated at an interim status facility per a 3008(h) order. EPA is examining whether permits should be required for corrective action. Discussion of the contained-in policy (SEE ALSO: 66 FR 27266; 5/16/01).
 
11/13/1986INTERIM STATUS QUALIFICATION REQUIREMENTS TO HAZARDOUS WASTE FUEL STORAGE FACILITIES, APPLIEDMemo
 Description: A clarification of the notification requirements for hazardous waste fuel storage facilities. The section 3010(a) notification is self-implementing. EPA may waive the section 3010(a) notification requirement. A clarification of “in existence” for facilities beginning operation or construction after 11/19/80.
 
11/13/1986RCRA REGULATORY STATUS OF CONTAMINATED GROUNDWATERMemo
 Description: Contaminated groundwater is not a solid waste and not a hazardous by the mixture rule. The groundwater is hazardous if it contains a hazardous waste (HW). It must be handled as if it were that HW. Groundwater treated to no longer contain a HW would no longer be subject to regulation under the contained-in policy. Corrective action at a permitted facility could take place with a permit modification.
 
11/01/1986HAZARDOUS WASTE FUEL IN INCINERATORSQuestion & Answer
 Description: An off-specification commercial chemical product (CCP) that is itself fuel or a component of fuel (e.g., benzene) is a hazardous waste when burned as a start-up fuel in an incinerator. Incinerators cannot use hazardous wastes as start-up or shut-down fuels unless the incinerator is operating within steady-state conditions or conditions specified in a permit.
 
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.
 
11/01/1986TERMINATION OF PERMITSQuestion & Answer
 Description: A summary of reasons for which EPA can terminate a facility’s permit. If the owner or operator of facility has certified closure for all units and wants to terminate the permit before its expiration date, he/she should request a major permit modification (SEE ALSO: RPC# 10/1/86-05).
 
10/31/1986STATE AUTHORIZATION FO R PERMITTINGMemo
 Description: Once authorized, states have the permitting authority, not EPA.
 
10/27/1986COMPLYING WITH RCRA INTERIM STATUS STANDARDS WHILE DEVELOPING A PERMIT APPLICATIONMemo
 Description: Interim status facilities must comply with the Part 265 standards until the final disposition of a RCRA permit. If a common element of Parts 264 and 265 is improved while developing a permit (e.g., waste analysis plan), the facility may be able to replace or append an interim status document with a newer version.
 
10/12/1986HAZARDOUS WASTE LISTING FOR F006 WASTEMemo
 Description: The F006 listing does not cover chemical conversion coating, electroless plating, or printed circuit board manufacturing (unless the circuit board operation involves a F006-covered process, such as chemical etching). Chemical conversion coating includes chromating, phosphating, immersion plating, and coloring. The F006 listing covers sludges from anodizing and etching processes. Facilities that handle only wastes from excluded processes have never managed a hazardous waste, do not need a permit or interim status, are not subject to corrective action, and are not subject to closure. A F006 delisting petition is unnecessary for sludges from excluded processes.
 
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.
 
10/01/1986CORRECTIVE ACTION FOR NEW FACILITIESQuestion & Answer
 Description: The section 3004(u) corrective action authority covers all facilities seeking permits, including facilities at which no authorized hazardous waste management activity has taken place. Solid waste management units (SWMUs) include landfills, dumps, units in which RCRA-exempt wastes have been stored or disposed.
 
10/01/1986HAZARDOUS WASTE TANKSQuestion & Answer
 Description: Permits only incorporate regulations effective prior to the final administrative disposition of a permit. Regulations that are not yet effective may be added under the omnibus authority. A tank installed between 7/14/86 and the effective date is a new tank. All tanks that meet the definition of a new tank, must follow the new standards.
 
10/01/1986POST-CLOSURE PERMITSQuestion & Answer
 Description: Post-closure permits are required at facilities that closed after 1/26/83 (SEE ALSO: 63 FR 56711; 10/22/98). Units are considered closed when a certification of closure is received, not when the unit ceases receiving hazardous waste (SEE ALSO: current 270.1(c)).
 
10/01/1986RETROFITTING SURFACE IMPOUNDMENTSQuestion & Answer
 Description: Surface impoundments not meeting the minimum technological requirements (3004(o)) cannot receive wastes after 11/8/88, unless the owner has obtained a variance. Closure does not have to occur by 11/8/88. The closure notification for an interim status unit is due by 6/8/88 (3005(j)).
 
10/01/1986TERMINATION OF PERMITSQuestion & Answer
 Description: Facilities which close all units and wish to terminate a permit must request a permit modification to terminate the permit early. A summary of reasons for which EPA can terminate a facility’s permit. The regulations do not provide means for EPA to terminate the permit of a facility that is no longer conducting regulated activities, rather, the permit must expire (SEE ALSO: RPC# 11/1/86-04).
 
09/29/1986DOD'S IRP PROGRAM AND RCRA CORRECTIVE ACTIONMemo
 Description: A discussion on the relationship between DOD’s Installation Restoration Program (IRP) and developing RCRA permits for DOD facilities. The applicability of RCRA to IRP and non-IRP units. The section 3004(u) schedule of compliance may incorporate an IRP cleanup schedule.
 
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.
 
09/19/1986CONSTRUCTION OF A NEW INCINERATOR WITH THE CHANGES DURING INTERIM STATUSMemo
 Description: A facility continues to have interim status until it is terminated by one of the events listed in section 270.73. The construction of a replacement incinerator is subject to a reconstruction cost limit.
 
09/15/1986EFFECT OF LAND DISPOSAL RESTRICTIONS ON PERMITSMemo
 Description: The land disposal restrictions (LDR) apply to all disposal facilities regardless of any existing permit conditions. A permit does not shield a facility from the LDR. The self-implementing provisions under section 3004(e) of HSWA apply to solvents and dioxins.
 
09/11/1986INCINERATORS FOR DESTRUCTION OF NERVE AGENTS, HIGH PRIORITY PERMITTINGMemo
 Description: Priorities for permitting incinerators are for destruction of nerve agents. Permits for Pueblo Army Depot incinerators must comply with the state and EPA requirements.
 
09/11/1986PERMIT APPLICATIONS FOR DESTRUCTION OF NERVE AGENTSMemo
 Description: Priorities for permitting incinerators are for destruction of nerve agents. Permits for Pueblo Army Depot incinerators must comply with the state and EPA requirements.
 
08/22/1986CORRECTIVE ACTION REQUIREMENTS FOR FEDERAL FACILITIES AND IRP ACTIVITIESMemo
 Description: The section 3004(u) corrective action authority applies to federal facilities. The DOD’s Installation Restoration Program (IRP) does not operate in lieu of the application of RCRA requirements on a regional level. EPA’s permit program is not delayed or postponed pending rulemaking establishing priorities for corrective action at federal facilities.
 
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.
 
08/13/1986TANK CONVERSION FROM WASTE STORAGE TO FEEDSTOCK STORAGE - REGULATIONMemo
 Description: A waste storage tank that is closed and converted to product storage is no longer subject to Parts 264 Subpart J/265 Subpart J. A containment structure used to contain a release during an immediate response to a spill is exempt from permitting and the technical standards if the hazardous residue is removed. A release may be subject to section 3004(u) corrective action. Inactive disposal units that are clean closed before 11/19/80 may be subject to sections 3004(u) or 3008(h) corrective action if other hazardous waste management units are currently in operation.
 
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.
 
08/06/1986ACLS UNDER THE RCRA AND CERCLA PROGRAMS, USE OFMemo
 Description: To establish an alternate concentration limit (ACL) a permit applicant must demonstrate that the hazardous constituents detected in the groundwater will not pose a danger to human health and the environment. Background levels or maximum concentration limits may also be used.
 
08/04/1986UIC CORRECTIVE ACTION REQUIREMENTS, IMPLEMENTATIONMemo
 Description: An overview of the section 3004(u) corrective action requirements and Underground Injection Control (UIC) well permits.
 
08/01/1986RCRA COMPLIANCE ORDERSQuestion & Answer
 Description: Both the owner and the operator of facility are responsible for regulatory compliance, since both must sign a permit application (3005(a)). EPA may issue a compliance order to either the owner or the operator, although a compliance order is normally issued to the person responsible for daily operations at a facility.
 
07/31/1986EXPOSURE INFORMATION REPORT REVIEW IN CONJUNCTION WITH ATSDRMemo
 Description: The procedures for coordinating Exposure Information Report reviews (3019) with the Agency for Toxic Substances and Disease Registry (ATSDR).
 
07/25/1986ANALYSIS OF APPENDIX IX CHEMICALS, PROPOSEDMemo
 Description: Facilities need to monitor for Appendix IX constituents in groundwater monitoring.
 
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.
 
07/08/1986TIME OF TRAVEL METHOD FOR THE GUIDANCE CRITERIA FOR IDENTIFYING AREAS OF VULNERABLE HYDROGEOLOGYMemo
 Description: A rationale for selecting the “time of travel” (TOT) along a 100-foot flow line (TOT100), used in identifying areas of vulnerable hydrogeology for TSDF location standards.
 
07/01/1986GROUNDWATER MONITORING: ESTABLISHING BACKGROUND VALUESQuestion & Answer
 Description: Guidance on establishing groundwater background levels at interim status facilities applying for a permit. An owner of a new facility need only submit plans for detection networks with a permit application, since well construction could constitute facility construction.
 
07/01/1986INTERIM STATUS CORRECTIVE ACTIONQuestion & Answer
 Description: Section 3008(h) corrective action can apply to interim status surface impoundments that have certified clean closure, because the facility remains in interim status. Certification of clean closure does not terminate interim status. A list of four ways interim status can be terminated.
 
07/01/1986INTERIM STATUS FOR RECEIVING SQG WASTEQuestion & Answer
 Description: A facility managing SQG wastes on or before 9/22/86, qualifies for interim status because it is in existence. If a facility obtains interim status for managing SQG waste, and then wants to expand to also manage LQG waste, the owner or operator must submit a revised Part A under changes during interim status.
 
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).
 
06/16/1986PERMITTING AND CORRECTIVE ACTION REQUIREMENTS AFFECTING COMPLIANCE WITH LAND DISPOSAL RESTRICTIONSMemo
 Description: EPA does not have the discretion to waive the section 3005(a) preconstruction ban. Permits may be issued separately to different regulated units. An incinerator permit must address all releases from regulated units (RUs) and nonregulated units except for releases from RUs to groundwater, which are addressed in the permit for RUs (SEE ALSO: 63 FR 56711; 10/22/98). A discussion of the timing of groundwater corrective action v. corrective action for all other media.
 
06/10/1986PERMITTING INCINERATORSMemo
 Description: A trial burn and receipt of trial burn data is required prior to permit issuance in most cases. If the incinerator requires major modifications the permit may be issued prior to the trial burn.
 
06/04/1986PERMITS FOR PLACEMENT OF HAZARDOUS WASTE IN UNDERGROUND SALT MINESMemo
 Description: Hazardous waste other than bulk liquids, can be placed in salt mines if a permit is issued. Salt mines may be miscellaneous units. An overview of the State and Federal consultation process on joint permitting.
 
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.
 
06/01/1986TREATMENT STUDIES AND PERMITS Question & Answer
 Description: Hazardous waste samples collected for a treatability studies do not qualify for section 261.4(d). An overview of treatability studies subject to interim status or permit standards. Experimental testing may be conducted under a research, development and demonstration (RDD) permit, or Subpart X (Miscellaneous Units) (SUPERSEDED: See 261.4(e) and (f)).
 
05/23/1986LIME SLUDGE IMPOUNDMENT SLUDGE, DELISTING OFMemo
 Description: A lime sludge surface impoundment containing K049 and K051 may be subject to permitting and closure requirements even if no waste management occurs based on a Regional interpretation.
 
05/08/1986CORRECTIVE 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).
 
05/07/1986DIOXIN TRIAL BURNS FOR PURPOSES OF CERTIFICATION OR A RCRA PERMITMemo
 Description: A certification is not required prior to the dioxin trial burn. The incinerator facility should use dioxin waste as a trial burn fuel. There may be cases where a synthetic material should be substituted as test fuel.
 
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).
 
05/01/1986TREATMENT 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).
 
04/30/1986PUBLIC INVOLVEMENT IN PERMITTING, POLICY FOR EXPANDINGMemo
 Description: A discussion of the criteria for identifying specific facilities for expanded public involvement and participation programs (SEE ALSO: 60 FR 63417; 12/11/95).
 
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.
 
04/24/1986DESTRUCTION OF DIOXIN CONTAMINATED SOIL USING MOBILE INCINERATIONMemo
 Description: A discussion of the use of trial or test burn information in a delisting petition. Delistings apply only to a waste at the facility covered by the exclusion, not to other facilities. The delistings apply to the waste itself and not to surrogates. Research, demonstration, and development units need a permit prior to construction.
 
04/24/1986DESTRUCTION OF DIOXIN CONTAMINATED SOIL USING MOBILE INCINERATIONMemo
 Description: An overview of the use of trial or test burn information in a delisting petition. Delistings apply only to waste at a facility covered by the exclusion, not to other facilities. Delistings apply to a waste the itself and not to surrogates. Research, demonstration, and development units need a permit prior to construction.
 
04/21/1986NEUTRALIZATION SURFACE IMPOUNDMENTS, RETROFITTING VARIANCESMemo
 Description: Interim status surface impoundment may be exempt from retrofitting if they neutralize waste and demonstrate no migration of constituents. The section 3005(j)(4) exemption is similar to section 265.90(e). Section 3005(j)(2) may apply to a neutralization impoundment. An impoundment that is exempt from groundwater monitoring must comply with section 270.14(c).
 
04/18/1986CORRECTIVE ACTION AT FEDERAL FACILITIESMemo
 Description: An overview of corrective action at federal facilities. Until EPA issues a final rule on priorities for corrective action at federal facilities, EPA Regions must continue to process and issue permits to federal facilities that include section 3004(u) corrective action schedule of compliance (SEE ALSO: 51 FR 7722; 3/5/86).
 
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.
 
04/11/1986ADMINISTRATIVE CONTROLS AND STORAGE STANDARDS FOR MARKETERS OF HAZARDOUS WASTEMemo
 Description: A historical discussion of regulations applicable to marketers and burners of hazardous waste-derived fuels and used oil fuels. The standards apply to owners and operators of facilities, either owner or operator may choose to comply with the standards (SUPERSEDED: 266, Subpart D, removed by 56 FR 7194; 2/21/91) (SEE ALSO 266.100; 279.60; 279.61; and 279.70).
 
04/11/1986PERMITTING REQUIREMENTS FOR A PCB INCINERATORMemo
 Description: A RCRA permit is not required for the storage and incineration of nonhazardous PCBs. A TSCA incinerator must obtain a RCRA permit prior to the management of hazardous waste, not necessarily prior to the construction. A facility may use TSCA burn data in lieu of a RCRA trial burn.
 
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.
 
04/09/1986NEUTRALIZATION SURFACE IMPOUNDMENTS, GROUNDWATER MONITORING FOR CLOSURE OF INTERIM-STATUSMemo
 Description: Interim status surface impoundments may close per section 265.228(b) without groundwater wells but remain subject to a post-closure permit (SEE ALSO: 63 FR 56711; 10/22/98), close per section 265.288(c) and install wells when a post-closure permit is called, or close per section 265.228(b) with wells and show closure by removal (SUPERSEDED: see 3/19/87; 52 FR 8704).
 
04/08/1986HAZARDOUS WASTE HAS BEEN MIXED WITH USED OIL (1000PPM TOTAL HALOGENS) (REBUTTABLE PRESUMPTION)Memo
 Description: Used oil (UO) failing the rebuttable presumption is presumed to be mixed with a listed hazardous waste (HW) and is itself a listed HW. The owner or operator can rebut the presumption by showing no significant concentrations of Appendix VIII constituents. Fuel produced by treating used oil to remove chlorides, and thus reduce halogen level, is still a HW. This type of treatment requires permit.
 
04/02/1986CLOSURE OF A DOE SURFACE IMPOUNDMENT THAT LOST INTERIM STATUSMemo
 Description: A waste from a surface impoundment that lost interim status may be removed, treated, and placed back in the unit at closure. The replacement of waste from the same surface impoundment for closure does not constitute reuse. When unable to remove all constituents from the unit the owner or operator should follow section 265.310 closure as a landfill requirements.
 
04/01/1986APPEAL/RECOURSE PROCESS FOR PERMIT DENIALQuestion & Answer
 Description: If EPA denies a permit to an interim status facility that submitted all necessary information, the owner or operator should follow section 124.19 in appealing the permit denial. If EPA terminates a permit or interim status based on a violation or failure to submit the necessary information, the owner or operator can appeal using section 124 Subpart E.
 
04/01/1986APPLICABILITY OF PERMITTING TO GROUNDWATER TREATMENT UNITMemo
 Description: No permit is needed for a carbon adsorption system used to treat groundwater that does not contain a listed waste and does not exhibit a characteristic.
 
04/01/1986CORRECTIVE ACTION FOR UIC WELLSQuestion & Answer
 Description: An underground injection control (UIC) permit issued after 11/8/84, is not a RCRA permit-by-rule until corrective action requirements have been met for all solid waste management units (SWMUs) at the facility. Corrective action for the well itself will be addressed in a UIC permit.
 
04/01/1986CORRECTIVE ACTION ORDERS UNDER §3008(H)Question & Answer
 Description: The section 3008(h) authority extends to facilities that should have had interim status, but failed to notify EPA under section 3010, or failed to submit a Part A application.
 
04/01/1986DELISTING OF K051 WASTE AT PETROLEUM REFINERY - EFFECT ON INTERIM STATUSQuestion & Answer
 Description: An explanation of temporary and informal exclusions. An impoundment holding informally excluded waste was subject to 11/8/85 loss of interim status. A discussion on the effect of temporary exclusion on facility’s interim status. An explanation of the 11/8/86 expiration date for temporary exclusions.
 
03/27/1986AMENDED DEFINITION OF SOLID WASTE - PERMIT MODIFICATIONSMemo
 Description: Permitted facilities handling newly regulated wastes may need to submit a permit modification, while interim status facilities must submit a revised Part A. A permitted facility with a unit handling newly regulated waste cannot receive interim status for a newly regulated unit.
 
03/24/1986FACILITIES NOT SUBJECT TO CORRECTIVE ACTIONMemo
 Description: Facilities submitting Part A permit applications which never treated, stored, or disposed of hazardous waste (protective filing) have not achieved interim status. Such facilities are not subject to sections 3004(u) or 3008(h) corrective action authorities.
 
03/24/1986PERMIT PROCESS ISSUESMemo
 Description: RCRA permits differ from other EPA permits because they minimize the potential threats from entire hazardous waste management facilities v. discrete points of discharge or an emissions source. Specific, complex permitting requirements are necessary.
 
03/24/1986SOLVENT MIXTURES, FINAL RULE TO LIST - PERMIT MODIFICATIONSMemo
 Description: Facilities permitted to manage F001-F005 waste codes before 12/31/85, may handle newly listed solvent wastes without a major permit modifications.
 
03/14/1986SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: The owner of a landfill applying for the liner exemption must show that the unit prevents migration of hazardous constituents. The bulk treatment for hazardous liquids cannot include absorption. Bulk liquids that have been chemically stabilized must pass the paint filter liquids test. Guidance on filtering groundwater prior to analysis. Brass bailers should not be used when sampling groundwater for metals. Guidance on the use of mathematical models when aquifers have unique features. The definition of a solid waste management unit (SWMU) includes the areas with routine and systematic releases. The use of surface water limits as Alternate Concentration limits (ACLs). Guidance on determining the potential point of exposure for ACL applications. The use of modeling information in establishing ACLs. ACL guidance allows grouping of hazardous constituents. Activated carbon filtration may not be appropriate for pentachlorophenol (PCP)-contaminated groundwater. Corrective action programs for regulated land disposal units must be part of a facility’s permit. The owner of a facility who counterpumps contaminated groundwater during corrective action must handle the contaminated groundwater as a hazardous waste, the Part B application must include groundwater management procedures.
 
03/03/1986CONSTRUCTION OF A NEW LANDFILL CELL AND THE OMNIBUS PROVISIONMemo
 Description: The construction of a new landfill cell at an interim status facility does not require a permit if the unit was detailed in an original Part A application. The landfill cell must have a double liner and a leachate collection system. A set of guidance on the location criteria and vulnerable groundwater for TSDFs. The omnibus permitting authority (3005(c)(3)) applies to permit conditions, and gives EPA a right to impose additional requirements on the construction of a new landfill cell at an interim status facility that is otherwise exempt from changes during interim status provisions (i.e., does not need to submit modified Part A).
 
03/01/1986RCRA PERMITS FOR MOBILE TREATMENT UNITSQuestion & Answer
 Description: While a mobile treatment unit can be prefabricated and transported to a proposed treatment site, construction at the site cannot begin until a permit is issued.
 
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.
 
02/13/1986APPLICABILITY OF PERMITTING REGULATIONS TO RECYCLERS Memo
 Description: A recycling facility that does not store waste prior to recycling does not need a RCRA Subtitle C permit. The facility must comply with the 3010 notification requirements and the manifest requirements of 265.71 and 265.72.
 
02/11/1986TOTALLY ENCLOSED TREATMENT EXEMPTION FOR SCRAP METAL RECYCLERMemo
 Description: A tank treating emission control dust at a scrap metal recycler is not a totally enclosed treatment unit (TETU) since the treatment occurs downstream of the baghouse, and the baghouse is not part of the production process. Characteristic emission control dust is a sludge, and is not a solid waste if recycled. If the dust is returned to cupola for metal recovery, the process is exempt reuse.
 
02/06/1986TOTALLY ENCLOSED TREATMENT EXEMPTION FOR WET-AIR OXIDATION UNIT(VERTECH)Memo
 Description: The totally enclosed treatment unit (TETU) definition does not include a unit that discharges waste during treatment. Wet air oxidation units, incinerators, and thermal treatment units are not TETUs. Neutralization in a pipe is TETU. An underground wet air oxidation unit and associated above ground thermal treatment processes may be permitted via a research, development, and demonstration permit (RDD), or a miscellaneous unit permit.
 
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.
 
02/01/1986THE OMNIBUS PROVISION AND PERMITSQuestion & Answer
 Description: Permit writers may use the omnibus provision when preparing post-closure permits to impose additional standards during post-closure. The RCRA section 3005(c)(3) omnibus provision is codified in 270.32(b)(2).
 
01/31/1986RCRA CORRECTIVE ACTION PROCEDURES AND AUTHORITIESMemo
 Description: Discusses the procedures for terminating interim status. The applicability of corrective action to land disposal units receiving hazardous wastes after 7/26/82. The applicability of and authorities for corrective action and monitoring requirements for facilities undergoing closure with continuous releases. Guidance on fuels as a hazardous wastes (SEE ALSO: 59 FR 55778; 11/8/94).
 
01/21/1986CONTAINERS STORING HAZARDOUS WASTE, REQUIREMENTSMemo
 Description: There are no specific container design requirements, instead there are general performance standards. Containers that meet the DOT standards are acceptable hazardous storage containers. Manufacturers of containers cannot obtain a permit in lieu of the facility owner or operator.
 
01/05/1986EMERGENCY PERMITS FOR DETONATION OF EXPLOSIVE WASTEMemo
 Description: An emergency permit to detonate unstable explosives may be warranted if there is no feasible disposal alternative. EPA must provide a public notice for emergency permits, but a 45-day public notice is not required. The permittee must obtain all state and local approvals.
 
01/02/1986PERMIT-EXEMPT STATUS OF SLUDGE DRYERS ADDED TO WASTEWATER TREATMENT UNITSMemo
 Description: A sludge dryer that meets the wastewater treatment unit (WWTU) definition is exempt from permitting. Sludge drying is a treatment. Presses, filters, and sumps may be tanks under the definition of a WWTU. Tanks not discharging under sections 402 or 307(b) of CWA that are part of the wastewater treatment system meet the exemption. WWTU tanks may volatilize their contents and retain the exemption. Sludge dryers can be used to meet the section 3002(b) waste minimization requirements. While the WWTU is exempt from permitting, hazardous waste sludge removed from the unit is subject to regulation.
 
01/02/1986SLUDGE DRYER ADDED TO WASTEWATER TREATMENT UNIT-EFFECT ON WWTU EXEMPTIONMemo
 Description: The addition of sludge dryer to a wastewater treatment unit (WWTU) does not jeopardize the unit exemption as long as the sludge dryer meets the unit definition. Tanks include presses, filters, sumps and processing equipment. WWTU include covers, sludge digesters, thickeners and dryers. A unit meets the WWTU definition even if the discharge is not subject to the CWA. Other tanks in the system must have discharge subject to the CWA. Tanks that volatilize contents can be exempt as a WWTU. Sludge removed from the unit is subject to RCRA.
 
01/01/1986CORRECTIVE ACTIONQuestion & Answer
 Description: Section 3004(u) corrective action is required for permits issued after 11/8/84. A facility seeking a major modification to a RCRA permit issued prior to 11/8/84 is not required to address section 3004(u) corrective action. A facility permit being reviewed for reissue is subject to section 3004(u).
 
01/01/1986OBTAINING INTERIM STATUSQuestion & Answer
 Description: Fully-permitted facilities may not receive interim status for a solid waste management units (SWMUs) containing waste that is newly identified as hazardous. The owner or operator must submit a permit modification to continue managing the newly regulated waste.
 
12/28/1985PART B PERMIT APPLICATION REQUIREMENTS FOR SQG TREATMENT FACILITIESMemo
 Description: A Part B permit application is required for small- and large-scale hazardous waste treaters.
 
12/24/1985RD&D PERMIT FOR A SLUDGE DRYING PROCESS IN A WASTEWATER SYSTEMMemo
 Description: For wastewater treatment unit (WWTU) exemption, tanks can include sumps, presses, filters, sludge dryers, or other equipment. A sludge dryer can be an exempt WWTU, although the hazardous waste sludges removed from dryer are subject to full 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).
 
12/20/1985TEMPORARY PERIOD AND HOLDING DEFINEDMemo
 Description: A clarification of the terms “temporary period” and “holding” as used in the definition of storage. The term holding means containment. Items associated with storage units that are used to transfer hazardous waste, such as pipes, funnels, or hoses, are regulated as part of the storage unit.
 
12/16/19853008(H) OF THE SOLID WASTE DISPOSAL ACT, INTERPRETATION OFMemo
 Description: An interpretation of and guidance on section 3008(h) interim status corrective action authorities and orders.
 
12/13/1985LAND DISPOSAL UNIT CLOSURE - CLARIFICATION OF PROPOSED AND PROMULGATED RULESMemo
 Description: A land disposal unit that closes prior to the effective date of any regulation listing or characterizing a waste in the unit as hazardous is not regulated under Subtitle C (active management). The same unit located at an interim status facility or a facility seeking a permit may be subject to portions of HSWA. Under 3004(o)(1)(A), landfill and surface impoundment permits must require the installation of liners, leachate collection systems, and groundwater monitoring systems (minimum technological requirements (MTR)). Section 3005(j) requires interim status surface impoundments in existence on 11/8/84 to be in compliance with MTR (3004(o)) by 11/8/88. A surface impoundment that becomes regulated after 11/8/84 due to a new listing or characteristic is subject to the minimum technological requirements (MTR) four years from date of a new listing or characteristic (3005(j) and 3004(o)(1)). A land disposal unit that is not required to obtain a RCRA permit and not otherwise subject to HSWA does not have to be retrofitted under 3004(o).
 
12/13/1985PERMIT 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.
 
12/05/1985PROHIBITION ON PLACING LIQUIDS IN LANDFILLMemo
 Description: The addition of absorbent to a bulk liquid hazardous waste intended for disposal violates RCRA (SEE ALSO: 11/17/93-02). The land disposal definition for the land disposal restrictions (LDR) includes landfills (3004(k)). An authorized State must permit the landfill under RCRA to be a RCRA landfill, a deviation under state law does not constitute a RCRA permit.
 
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 BLENDING AND INTERIM STATUSQuestion & Answer
 Description: A facility that has existing tanks but is not storing hazardous waste on the effective date of the 266 Subpart D regulations may qualify for interim status if it has objective evidence that indicates the intent to begin storage within a reasonable time. The facility needs interim status or a permit to store hazardous waste fuel on-site prior to burning in a cement kiln. To qualify for interim status, a facility must be in existence, the owner or operator must obtain an EPA ID number, and they must submit a Part A application. Fuel is regulated when it is blended.
 
11/27/1985LOSS OF FINANCIAL RESPONSIBILITY COVERAGE ON INTERIM STATUS AND PERMIT ISSUANCEMemo
 Description: An interpretation of land disposal facilities for purposes of 3005(e)(2) loss of interim status (LOIS) provision. All interim status TSDFs are subject to RCRA financial assurance requirements. EPA will not issue a Part B permit unless the owner is in compliance with the financial assurance regulations.
 
11/19/1985CHEMICAL AGENT/MUNITIONS SYSTEM (CADMS) IS NOT TOTALLY ENCLOSED AND SUGGESTED RD&D PERMIT; ARMY CHEMICAL/MUNITIONS SYSTEM, REGULATORY STATUS OFMemo
 Description: The totally enclosed treatment facility (TETU) definition does not apply to activities not connected to industrial production process. Incinerators are not TETUs since they will not prevent a release of all hazardous wastes and constituents. Addresses duration, and permit application and modification procedures for research, development and demonstration (RDD) permits.
 
11/18/1985POST-CLOSURE PERMIT PART B REQUIREMENTSMemo
 Description: Certain information requirements for Part B operating permits are not relevant for permits covering only post-closure activities. EPA and States have authority to determine when a Part B permit application is complete. Discusses the minimum requirements for post-closure permits (SEE ALSO: Section 270.28).
 
10/15/1985APPENDIX VIII CONSTITUENTS IN GROUNDWATER, REQUIREMENTS FOR ANALYSIS OFMemo
 Description: Owners or operators must identify in the permit the concentration of each Appendix VIII constituent in any contaminated plume (superseded: 270.14(c)(4) requires use of Appendix IX).
 
10/03/1985PIG-82-5 AND RSI #5 JOINT PERMITTING IN PHASE I AUTHORIZED STATESMemo
 Description: A joint permit issued to a facility in a state is not authorized for HSWA. The permit is in effect until the authorized state reissues the permit or the EPA permit expires. A “nearly identical” permit issued by the State with a Phase I interim authorization has no less stringent state provisions than the federal program.
 
10/01/1985CHANGES DURING INTERIM STATUSQuestion & Answer
 Description: The change in company name does not require submission of a revised Part A application under changes during interim status. However, the facility should notify the implementing authority of the clerical change.
 
10/01/1985LOSS OF INTERIM STATUSQuestion & Answer
 Description: Physical compliance for purposes of 3005(e) certification means the facility must have a groundwater monitoring system meeting the section 265.91 specifications physically in place, and sampling and analysis must be underway.
 
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.
 
10/01/1985PERSONNEL TRAINING DURING POST-CLOSUREQuestion & Answer
 Description: Personnel training may not be required during post-closure if the owner or operator of an interim status surface impoundment or landfill is no longer actively managing hazardous waste. The owner must address all of the information requirements of 270.14 and 270.17 in post-closure permit application.
 
10/01/1985SMALL 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 PILES AND POST-CLOSURE PERMITS, APPLICATION OF NOVEMBER 1988 DEADLINE TOMemo
 Description: Waste piles, since they are land disposal units, should have had permit applications issued or denied by November 1988 (HSWA 3005(c)(2(A)(i)). Discusses priorities for issuing post-closure permits. EPA can apply 3008(h) or 3004(u) (through post-closure permits) at land disposal units with likely or actual releases (SEE ALSO: 63 FR 56711; 10/22/98).
 
09/25/1985POST-CLOSURE PERMITTING REQUIREMENTS FOR NON-REGULATED UNITSMemo
 Description: A land disposal unit that stopped receiving waste prior to 7/26/82 and closed after 1/26/83 is subject to post-closure permitting requirements but is not subject to 264 Subpart F groundwater monitoring (SUPERSEDED: see 270.1(c) and 63 FR 56711; 10/22/98). If the unit is closed under interim status, 265 groundwater monitoring applies. A land disposal unit in interim status post-closure is subject to 3008(h) for groundwater contamination. An interim status unit at facility which has another unit requiring a permit is subject to 3004(u) corrective action authority.
 
09/25/1985POST-CLOSURE PERMITTING REQUIREMENTS FOR NON-REGULATED UNITSMemo
 Description: A land disposal unit that stopped receiving waste prior to 7/26/82 and closed after 1/26/83 is subject to post-closure permitting requirements but is not subject to 264 Subpart F groundwater monitoring (SUPERSEDED: see 270.1(c) and 63 FR 56711; 10/22/98). If the unit is closed under interim status, 265 groundwater monitoring applies. A land disposal unit in interim status post-closure is subject to 3008(h) for groundwater contamination. An interim status unit at facility which has another unit requiring a permit is subject to 3004(u) corrective action authority.
 
09/20/1985PERFORMANCE AND PERMITTING STANDARDS IN 3004(B), PROHIBITION OF PLACEMENT OF HAZARDOUS WASTE IN SALT DOMESMemo
 Description: Section 3004(b) prohibits noncontainerized or bulk waste that fails the paint filter liquid test from placement in salt dome. Other hazardous waste may be placed in a salt dome with a RCRA permit. Nonfluid or containerized liquid wastes are covered under Subpart X (SEE ALSO: 52 FR 46946; 12/10/87).
 
09/11/1985PERMITTING UNITS CREATED FOR FACILITY CLOSUREMemo
 Description: An owner of facility who adds units to facilitate closure process must modify permit or submit change in interim status. The cost of adding new unit at interim status facility cannot exceed reconstruction limit.
 
09/11/1985WASTE MINIMIZATION: PERMIT CERTIFICATION AND JOINT PERMITTINGMemo
 Description: RCRA 3005(h) requires that TSDF permits must include a waste minimization certification in facility operating record. The certification requirements must be addressed by either the State or EPA in joint permitting issues.
 
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).
 
09/01/1985LOSS OF INTERIM STATUSQuestion & Answer
 Description: The certification of compliance with groundwater monitoring and financial responsibility requirements for interim status land disposal facilities is independent of a Part B application. A discussion of a certification statement published in the 9/25/85 Federal Register (50 FR 38947). Discusses interpretation of land disposal facility.
 
08/30/1985EXISTING UNITS UNDER HSWA-APPLICABILITY OF MTR TO EXPANSIONSMemo
 Description: The existing unit definition applies to units that received waste by 11/8/84 and were fully operational on that date. The boundaries of existing units are limited by operating or closure plans or permits that were applicable on 11/8/84. A lateral expansion after 11/8/84 is considered new unit.
 
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.
 
08/30/1985PARTIAL PERMITTING OF INCINERATOR UNIT (DOW)Memo
 Description: The permit schedules of compliance for information gathering from solid waste management units (SWMUs), such as 3004(u), cannot be used for investigating groundwater releases from regulated units. Groundwater releases from regulated units are subject to existing RCRA regulations (SEE ALSO: 63 FR 56711; 10/22/98). Discussion of partial permitting.
 
08/27/1985GROUNDWATER QUALITY AT CLOSUREMemo
 Description: Groundwater quality is an integral part of closure for surface impoundments and waste piles. Post-closure permits, 3008(h) corrective action orders, and 3004(u) corrective action can be used to supplement interim status regulations. The approval and completion of closure by removal does not preclude the use of 3008(h) or 3004(u). A summary of 3005(i), 3004(u), and 3008(h) authorities as they pertain to surface impoundments and waste piles.
 
08/07/1985LIQUID HAZARDOUS WASTES IN LANDFILLSMemo
 Description: The paint filter liquids test is used to verify no free-standing liquid. A definition of free-standing liquid vs. free liquid. Eliminate free-standing liquid before placement in landfill (3004(c)(1)). Stabilization of liquid on manifested solid is treatment requiring permit unless it meets addition of absorbent exemption.
 
08/01/1985CORRECTIVE 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.
 
08/01/1985INCINERATORS BURNING NON-HAZARDOUS WASTEMemo
 Description: A permit is required prior to beginning construction of a solid waste incinerator if the owner and/or operator intends to burn hazardous waste in the future. The owner of a TSCA PCB incinerator can apply for a RCRA Subtitle C permit at any time.
 
08/01/1985LEAK NOTIFICATIONQuestion & Answer
 Description: While Sections 264.221 and 265.221 do not require notification when a leak is detected in a surface impoundment’s secondary leachate collection system, EPA will include a notification requirement in the draft permit, including the notification of leakage rate and the concentrations of hazardous constituents.
 
07/25/1985INTERPRETATION OF 3005(J)(1)Memo
 Description: An interim status surface impoundment that is not meeting 3005(j) minimum technical requirements by 11/8/88 must certify closure or demonstrate that technical closure requirements are met.
 
07/10/1985REVISED 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.
 
07/01/1985HSWA AUTHORIZATION ISSUES - JOINT PERMITTINGMemo
 Description: The HSWA regulations take effect in authorized and unauthorized states at the same time. A new facility is not allowed to begin construction until a full permit is issued. A joint permit issued as one permit with two signatures from State and Region or two permits issued separately by State and Region.
 
06/28/1985POST-CLOSURE PERMITSMemo
 Description: The post-closure permit and groundwater monitoring applicability for an interim status facilities are based on the date of the final waste receipt (SEE ALSO: 63 FR 56711; 10/22/98). Closure by removal does not preclude 3008(h) or 3004(u). Summary of closure by removal requirements. Discussion of Part B post-closure permit contents (SEE ALSO: 270.28).
 
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.
 
06/01/1985PARTIAL CLOSUREQuestion & Answer
 Description: Owners and operators are required to submit a permit modification to address the partial closure of units not identified in the original closure plan.
 
05/30/1985INCINERATOR PERMITS TO BURN DIOXIN WASTES, MODIFICATION OFMemo
 Description: A permitted incinerator does not need a certification to burn dioxins. A facility may need a permit modification for dioxin waste or to meet the 99.9999% destruction and removal efficiency (DRE).
 
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.
 
05/06/1985WASTES NEWLY REGULATED UNDER HSWA, MANAGEMENT OFMemo
 Description: EPA implements new federal hazardous waste listing promulgated pursuant to HSWA until the State gets authorized. Unauthorized states may assist in implementing through agreements with EPA, but EPA retains the ultimate responsibility to issue permits addressing new waste listings.
 
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).
 
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.
 
03/29/1985IMPLEMENTATION OF DIOXIN LISTING REGULATIONMemo
 Description: Discussion of the compliance dates for notification and submittal of new and revised Part A permit applications for dioxin listings (F020-F023, F026-F028). Wastes from the production of chlorophenoxy acids, or their ester, ether, amine, or other salt derivatives are F020 (including 2,4,5-T). F023 processes are thesame as F020. F020-F023, F026 do not cover wastewaters but cover sludges from their treatment. Packaging is not part of the formulating process.
 
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.
 
03/06/1985RCRA PERMIT REAUTHORIZATION ISSUES IN REGION IIIMemo
 Description: States issue permits to facilities in authorized states. EPA issues permits for the HSWA provision until an authorized state receives authorization. The physical construction of a facility cannot begin until the State and EPA issues a joint permit. Corrective action is addressed via the permit (3004(u)).
 
03/01/1985PART B APPLICATIONQuestion & Answer
 Description: Permits must reflect all of the applicable Part 264 requirements in effect on the date of issuance. If the final rule is published after the owner submits a Part B, the owner will either have to modify the permit or the permit application, depending on whether the rule is effective before or after the permit is issued.
 
03/01/1985WASTE PILE LINERS - MTR (264.251)Question & Answer
 Description: The 3004(o) minimum technological requirements apply to landfills and surface impoundments, but not to waste piles. RCRA 3015(a) imposes liner and leachate collection requirements on new interim status waste piles, lateral expansions, and replacements. Expansions of interim status waste piles must be lined if they exceed the boundaries of the existing unit (3015(a)).
 
02/25/1985REQUIRED SIGNATURES ON PART B PERMIT APPLICATIONSMemo
 Description: Both an owner and operator must sign a permit application. If the owner chooses not to sign application, EPA cannot issue the permit.
 
02/11/1985SIGNATORIES FOR DEPARTMENT OF DEFENSE PERMIT APPLICATIONSMemo
 Description: Guidance is provided on acceptable signatories for DOD permit applications.
 
02/06/1985IMMEDIATE IMPLEMENTATION OF NEW CORRECTIVE ACTION REQUIREMENTSMemo
 Description: Strategies that States and Regions should employ for addressing the new corrective action requirements at permitted facilities are discussed (SEE ALSO: 270.14(d)).
 
02/01/1985GROUNDWATER MONITORING VS. CORRECTIVE ACTIONQuestion & Answer
 Description: Guidance is provided on establishing a compliance monitoring program at an interim status facility at which groundwater contamination has been detected in 5 of 20 wells. Compliance monitoring may be required for all 20 wells. Interim status and permitted detection monitoring are essentially the same.
 
01/01/1985RECONSTRUCTION DURING INTERIM STATUSQuestion & Answer
 Description: The fifty percent reconstruction limit applies to the total expansion costs over the interim status period, not to each individual expansion for changes during interim status. Expansion costs include the cost of land and construction, but not design and engineering costs.
 
01/01/1985TREATMENT SURFACE IMPOUNDMENTS LOSING INTERIM STATUS BECAUSE OF NON-COMPLIANCE WITH GWM AND FINANCIAL RESPONSIBILITY REQUIREMENTSQuestion & Answer
 Description: Owners and operators of interim status land treatment units were required to submit a Part B application, certify compliance with groundwater monitoring, and obtain financial assurance by 11/8/85 (3005(e)(2)). Land disposal units include all land-based hazardous waste management systems.
 
12/26/1984REQUEST FOR GUIDANCE/CLARIFICATION OF WASTEWATER TREATMENT UNIT DEFINITIONMemo
 Description: The wastewater treatment unit (WWTU) definition does not require tanks at a facility to be connected. Wastewater can be piped, trucked, otherwise conveyed between components of WWTU’s.
 
12/24/1984WASTEWATER TREATMENT UNIT EXEMPTION/DEFINITIONMemo
 Description: A wastewater treatment unit (WWTU) must be a tank receiving influent hazardous wastewater and be part of a facility subject to CWA standards. Components of units at a facility do not have to be connected. Wastewater can be piped, trucked, or otherwise conveyed between WWTUs.
 
12/18/1984PENALTIES FOR FAILURE TO SUBMIT A COMPLETE AND ADEQUATE PART B APPLICATIONMemo
 Description: EPA has the authority to assess civil penalties for the failure to submit a complete permit application (3008). Part 265 requirements apply to RCRA facilities until either a permit is issued or until all applicable Part 265 closure and post-closure responsibilities are fulfilled.
 
12/07/1984OILY WASTEWATER TREATMENT PONDS, PERMITTING COVERAGE OFMemo
 Description: The regulatory status of and options for permitting and managing oily sludges generated in refinery wastewater treatment ponds and surface impoundments is discussed (SUPERSEDED: see 261.31, F037 and F038 listings).
 
12/07/1984OIL/WATER EMULSIONS GENERATED BY PETROLEUM REFINERY WW SYSTEMS-K049 WASTEMemo
 Description: Slop oil emulsion solids (K049) are generated in the first vessel where the emulsion stratifies. Oil reclaimed in slop oil/oil recovery systems is not a hazardous waste (SEE ALSO: 261.4(a)(12)). Emulsion breaking in surface impoundments/earthen devices is considered storage. Non-reclaimed emulsion is a hazardous waste even if it is reclaimable. Storage not directly related to the reclamation process needs a permit.
 
12/01/1984ADDITION OF A SURFACE IMPOUNDMENT AT AN INTERIM STATUS FACILITYQuestion & Answer
 Description: Adding a new surface impoundment is an increase in design capacity requiring an owner or operator of an interim status facility to submit a revised Part A permit application. An increase in design is subject to the reconstruction limit for changes during interim status.
 
12/01/1984TERMINATION OF INTERIM STATUSQuestion & Answer
 Description: A facility that has had its interim status terminated remains subject to the interim status standards for closure, post-closure, and financial responsibility.
 
11/29/1984GWM DEFICIENCIES IN PART B'S, RESPONSES TO AND MECHANISMS TO PREVENTMemo
 Description: Mechanisms for addressing and preventing Part B permit applications with insufficient groundwater monitoring (GWM) data are discussed. Complete interim status groundwater monitoring data may fulfill the Part B information requirements, but 270.14(c) requires more GWM data than Part 265. RCRA 3013 and 3008 orders should be used as enforcement mechanisms.
 
11/09/1984IMMEDIATE PERMIT REQUIREMENTSMemo
 Description: Historical permitting priorities due to HSWA and the land disposal restrictions (LDR) program are discussed. Permits in authorized states will be issued through joint permit processing until the states are authorized for the new provisions.
 
10/11/1984PERMIT CONDITIONS: THE VELSICOL DECISIONMemo
 Description: Permits can restate requirements of the regulations and incorporate parts of a permit application directly into the permit. A permit writer can write completely original permit conditions.
 
10/05/1984COMPLIANCE SCHEDULES IN RCRA PERMITSMemo
 Description: Compliance schedules in RCRA permits cannot be used to satisfy Part 270 information requirements after the permit has been issued. Compliance schedules can be used to allow facilities to come into compliance with Part 264 standards not required under Part 265 (e.g., construction or installation of equipment).
 
10/01/1984DRAFT STATE RCRA PERMITS, EPA REVIEW OFMemo
 Description: The Regional Administrator (RA) may delegate the authority to review and comment on draft state RCRA permits to an authorized representative.
 
09/10/1984CONTINGENCY PLANS-INFORMATION SUBMISSIONMemo
 Description: A contingency plan must be submitted at the same time as the rest of the permit application. Information regarding specific emergency coordinators may be submitted after the time of application.
 
09/10/1984GWM DATA IN PART B APPLICATIONSMemo
 Description: A Part B application is not complete until the applicant has submitted groundwater monitoring data.
 
09/10/1984IMPROVEMENTS TO SURFACE IMPOUNDMENTS UNDER INTERIM STATUSMemo
 Description: Rebuilding existing storage surface impoundments at an interim status facility is a permissible change provided the capacity of impoundments is not enlarged and no new units are added, and provided changes do not exceed the reconstruction limit.
 
09/10/1984PART B INFORMATION REGARDING FUTURE POTENTIAL EXPANSIONSMemo
 Description: A Part B permit can cover potential expansions to a facility even if the applicant has no definite expansion date.
 
09/10/1984TRIAL BURNS, Q&A REPORTMemo
 Description: As of 9/10/84, EPA had not issued any incinerator permits on the basis of data submitted in lieu of a trial burn.
 
09/10/1984WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: The states or Regions determine the applicability of the wastewater treatment unit (WWTU) exemption to a leachate treatment tank. There is no EPA definition of wastewater for purposes of WWTU exemption (SEE ALSO: RPC# 2/11/91-01; RPC# 6/2/93-04).
 
09/07/1984WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: The states or Regions determine the applicability of the wastewater treatment unit (WWTU) exemption to a leachate treatment tank. There is no EPA definition of wastewater for purposes of WWTU exemption (SEE ALSO: RPC# 2/11/91-01; RPC# 6/2/93-04).
 
09/06/1984TANKS USED FOR EMERGENCY CONTAINMENTMemo
 Description: Units used during immediate responses to discharges of hazardous waste are exempt from permitting. This exemption does not extend to units which periodically or repeatedly respond to releases or where containment or treatment extends beyond the immediate response period.
 
09/01/1984DESTRUCTION AND REMOVAL EFFICIENCY OF PERMITTED INCINERATORSQuestion & Answer
 Description: Incinerators must achieve a destruction and removal efficiency (DRE) of 99.99% for any principle organic hazardous constituent (POHC) designated in a permit.
 
09/01/1984EFFECT OF NEW REGULATION ON UNREGULATED FACILITYQuestion & Answer
 Description: A facility that becomes regulated under RCRA due to a change in the regulations must file a Part A permit application by the date specified in the preamble to those revisions.
 
08/16/1984ENFORCING GROUNDWATER MONITORING REQUIREMENTS IN RCRA PART B PERMIT APPLICATIONSMemo
 Description: Regional enforcement personnel may assign low priority to certain technical violations of groundwater monitoring regulations, including the failure to monitor for constituents that are not detectable in groundwater and constituents for which there are no EPA test methods (SUPERSEDED: SEE 264.93(a) and (b)). Constituents for which accepted test procedures exist must be analyzed despite the expense of the procedure. Facilities must monitor for these constituents even if records imply they were never managed at the facility.
 
08/07/1984CLOSURE ISSUES RELATED TO WOOD PRESERVING PLANTSMemo
 Description: Grounds for extensions to 180 days are normally allowed for closure after the final receipt of waste. Closure should be based on proven techniques, not on concepts still in the research and development stage. The addition or creation of new processes during interim status may be allowable under changes during interim status.
 
08/01/1984OWNER AND OPERATOR RESPONSIBILITIES DURING OPERATING LIFE AND CLOSUREQuestion & Answer
 Description: If they are separate persons, both the owner and operator are “permittees” on a permit. The operator frequently assumes the responsibility for meeting permit conditions. Both parties are liable during the operating life and for closure/post-closure of the facility. The owner may take control and full liability later if the permit is modified.
 
08/01/1984PROFESSIONAL ENGINEER CERTIFICATION FOR PERMIT APPLICATIONQuestion & Answer
 Description: A professional engineer who certifies information for a permit application does not need to be registered in the state where the facility is located (SUPERSEDED: See RPC# 12/21/92-01).
 
08/01/1984STOCK TRANSFER - EFFECT ON PART A PERMIT APPLICATIONQuestion & Answer
 Description: Interim status Part A permit application modifications are required when stock interests are transferred under changes during interim status provisions.
 
07/30/1984PERMITS ISSUED TO BOTH OWNERS AND OPERATORS IF DIFFERENT PEOPLEMemo
 Description: In cases where a facility is owned by one person and operated by another person, both the owner and the operator should sign the permit application, and the permit should be issued to both.
 
07/19/1984WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: If a tank treats wastewater to comply with the POTW pretreatment requirements, the tank is "subject" to 307(b) of the CWA and is eligible for the wastewater treatment unit (WWTU) exemption, even if treated wastewater is actually delivered to the POTW by truck (SUPERSEDED: see RPC# 12/21/87-03; 53 FR 34079, 34080; 9/2/88).
 
07/09/1984REPORTING WITHDRAWALS IN SPMS AS FINAL PERMIT DETERMINATIONSMemo
 Description: Guidance is provided on how to report permit withdrawals in the Strategic Planning and Management System (SPMS). The procedure for deciding when a final permit determination has been made is discussed. For purposes of SPMS, a permit application is considered withdrawn when a closure plan has been approved after facility inspection, public notice, and response to comments.
 
07/01/1984TREATMENT IN SUBPART Q UNITSQuestion & Answer
 Description: EPA intends to promulgate standards for miscellaneous units under Subpart X in Part 264, for permitting chemical, physical, and biological treatment units operating under Part 265, Subpart Q.
 
06/27/1984APPLICABILITY OF THE WASTEWATER TREATMENT UNIT EXEMPTION TO A GROUNDWATER TREATMENT SYSTEMMemo
 Description: The state or Region must determine the applicability of the wastewater treatment unit (WWTU) definition to a groundwater treatment tank. There is no EPA definition of wastewater for the purposes of the WWTU exemption (SEE ALSO: RPC# 2/11/91-01; RPC# 6/2/93-04).
 
06/13/1984TRANSFER OF FEDERAL RCRA PERMITS TO AUTHORIZED STATES AND COMPLIANCE WITH 40 CFR 124.10(E)Memo
 Description: EPA-issued permits continue in states granted final authorization until the permit is terminated or the federal permit is transferred to the state. A draft permit must be mailed to all persons identified in 124.10(c)(1)(i)-(iv).
 
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).
 
06/01/1984RECEIVING FACILITY NEEDS EPA ID NUMBERQuestion & Answer
 Description: A facility that receives hazardous waste in a U.S. port prior to export needs an EPA ID number. The facility also needs a storage permit, unless it is a transfer facility.
 
05/25/1984ANALYTICAL METHODS FOR PETROLEUM REFINING RESIDUES AND WASTESMemo
 Description: Guidance is provided on the analytical methods for petroleum refinery wastes that are the subject of a land treatment permit application (cover letter for “Handbook for the Analysis of Petroleum Refinery Residues and Waste”). A land treatment permit application should include total metal concentrations, not extraction procedure (EP) results.
 
05/22/1984DEFINITION OF “WASTEWATER TREATMENT UNIT”Memo
 Description: Tanks that produce no effluent as direct result of CWA requirements (i.e., zero dischargers) can qualify as an exempt wastewater treatment unit (WWTU).
 
05/07/1984PUBLIC HEARING AFTER ISSUANCE OF DRAFT PERMIT - STATESMemo
 Description: Under 7004(b), a State or Regional office must provide the opportunity for a public hearing or meeting prior to the issuance of a final permit if written opposition is submitted. The implementing agency is not precluded from holding such meetings prior to the issuance of a draft permit, as long as additional opportunities are provided after the draft permit is issued (SEE ALSO: 60 FR 63417; 12/11/95).
 
05/02/1984INADEQUATE PART B PERMIT APPLICATIONMemo
 Description: The determination that a Part B permit application is complete does not mean that it is free of deficiencies. Applicants can be compelled to submit more information after the permit application is deemed complete. A State or Region may use 3008 orders to obtain the necessary information.
 
05/01/1984ACTIVITIES THAT AREN’T CONSTRUCTION ARE ALLOWED PRIOR TO PERMIT ISSUANCEQuestion & Answer
 Description: Grading, grubbing, building access roads, soil testing, fencing, and earth movement are not construction. Activities that are not directly related to a hazardous waste facility or unit are allowed prior to permit issuance.
 
05/01/1984CHECK LISTS FOR PERMIT APPLICATIONSQuestion & Answer
 Description: The check list in the “Permit Applicants Guidance Manual for Hazardous Waste Land Treatment, Storage, and Disposal Facilities” should be included in a Part B permit application, although there are no formal application format requirements.
 
05/01/1984FILTER PRESS IN WASTEWATER TREATMENT UNIT, EXCLUSION FORQuestion & Answer
 Description: A tank-like portable filter press used in a wastewater treatment facility is excluded from regulation if the filter press meets the 260.10 criteria for a wastewater treatment unit (WWTU).
 
05/01/1984NO LINER REQUIREMENT FOR EXISTING SURFACE IMPOUNDMENTSQuestion & Answer
 Description: Owners of existing surface impoundments are not required to install liners. Owners of existing surface impoundments with liners are not required to describe them in a Part B permit application, although EPA recommends otherwise.
 
05/01/1984STORAGE 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.
 
04/26/1984DECANNING AND CRUSHING OPERATIONSMemo
 Description: Decanning and crushing operations meet the definition of treatment and are subject to permitting. The addition of wastewater to clean gears or containers may be treatment. Aggregation of waste in larger containers with incidental treatment does not meet the definition (SEE ALSO: RPC# 11/26/84-01).
 
04/04/1984FEDERAL PERMITS IN STATES WHICH HAVE RECEIVED FINAL AUTHORIZATIONMemo
 Description: EPA may not issue final RCRA permits in authorized states. A memorandum of agreement (MOA) must contain the procedures for transferring existing federal permits to the state. An existing federal permit continues to be effective in an authorized state until the permit terminates or is transferred to the state.
 
04/03/1984LAND TREATMENT PERMIT APPLICATIONS - REFINERY WASTE ANALYSES GUIDANCEMemo
 Description: Appendix VIII constituents are to be used for petroleum waste delistings and land treatment unit permit applications. Discussion of the original "Skinner List" (SUPERSEDED: see RPC# 11/1/94-02).
 
04/01/1984CHANGE IN OWNERSHIP AND CLOSURE AT INTERIM STATUS FACILITYQuestion & Answer
 Description: An interim status facility that has submitted a closure plan and intends to cease hazardous waste management retains its interim status until it is terminated under Part 124 procedures. If part of a property with no units is sold, that portion has no interim status. Changes in ownership at interim status facilities may be made if the new owner or operator submits a revised Part A permit application no later than 90 days prior to the scheduled change as outlined under changes during interim status.
 
04/01/1984ESTIMATED CLOSURE DATES IN PART B PERMIT APPLICATIONSQuestion & Answer
 Description: A Part B permit application must include a closure date even if the company has no plans for closure in the near future. If the closure date changes, the closure plan can be amended via a minor permit modification.
 
04/01/1984MEMORANDUM OF UNDERSTANDING BETWEEN EPA AND DOEQuestion & Answer
 Description: DOE permit applicants must comply with state RCRA standards even if they are more stringent than EPA standards.
 
03/01/1984STORAGE TANKS THAT ARE PART OF WASTEWATER TREATMENT SYSTEM ARE EXCLUDEDQuestion & Answer
 Description: A tank storing sludge piped from a wastewater treatment unit (WWTU) qualifies for the WWTU exemption, even if the storage tank does not discharge under CWA standards.
 
03/01/1984TANKS AND SURFACE IMPOUNDMENTS HOLDING DE MINIMIS SPILLSQuestion & Answer
 Description: A tank or surface impoundment used to contain de minimis spills of commercial chemical products (CCPs) prior to the promulgation of the 261.3(a)(2)(iv)(D) mixture rule exemption is subject to interim status standards until 11/17/81, including closure requirements.
 
02/23/1984HAZARDOUS WASTE TREATMENT/STORAGE TANKS, PERMITTINGMemo
 Description: Permits must specify a minimum shell thickness for all treatment and storage tanks. Methods exist for determining the thickness for various tanks and are provided. Tanks must be inspected internally before the issuance of a draft permit and during their active life (SUPERSEDED: see 51 FR 25422; 7/14/86).
 
02/01/1984DEFINITION OF WITHDRAWAL WELLQuestion & Answer
 Description: There is no definition of a withdrawal well. Permit applicants are encouraged to show the location of wells that might be available for monitoring or that might be conduits for contamination, including active wells extracting groundwater for use.
 
02/01/1984INTERIM STATUS CLOSURE CERTIFICATIONQuestion & Answer
 Description: Closure under Part 265 does not require a 270.1(d) certification because closure is not a permit application or a permit report.
 
02/01/1984PORTABLE TREATMENT UNIT/TOTALLY ENCLOSEDQuestion & Answer
 Description: A portable unit can qualify for the totally enclosed treatment unit (TETU) exemption, provided that the TETU meets the provisions in RPC# 2/18/83-01.
 
02/01/1984TOPOGRAPHIC MAP REQUIREMENTQuestion & Answer
 Description: When preparing a topographic map showing all on-site and off-site injection and withdrawal wells, an owner or operator need not check with all nearby businesses. Information may be available elsewhere.
 
02/01/1984TREATMENT TANKS FOR LEACHATE OR LIQUID WASTESQuestion & Answer
 Description: There is no regulatory definition of wastewater. A reasonable interpretation would be industrial process waste containing 1 percent or less contaminants. Treatment tanks for leachate, liquid wastes should not be exempt wastewater treatment units (WWTUs) (SEE ALSO: RPC# 8/15/90-01; RPC# 2/11/91-01).
 
01/27/1984OPERATOR AT DOE OAK RIDGE FACILITY, DETERMINATION OFMemo
 Description: A contractor with considerable autonomy in making major decisions at a facility can be considered an operator in the facility’s permit application. The decision is up to the Region and may be based on contract language and site management practices. Inability to decide is not grounds for a permit denial.
 
01/17/1984ESTIMATED CLOSURE DATES IN PERMIT APPLICATIONSMemo
 Description: The expected date of closure required in a permit application is only an estimate that allows EPA to determine if the closure financial assurance is adequate.
 
01/01/1984CIRCUMSTANCES FOR OBTAINING INTERIM STATUS FOR UNITS AT AN INTERIM STATUS FACILITYQuestion & Answer
 Description: A surface impoundment storing nonhazardous waste on 8/18/80, may still qualify for interim status if the owner or operator retests the waste after 11/19/80, and discovers the waste is hazardous. An impoundment meets the intent of “existing portion” and does not need a liner.
 
01/01/1984INTERIM STATUS NEEDED FOR OPEN BURNING (OB)Question & Answer
 Description: Open burning used to train soldiers in detonation techniques is not legitimate recycling; therefore, the facility must have interim status.
 
12/14/1983MINIMUM SHELL THICKNESS REQUIREMENT, WAIVERMemo
 Description: There are no provisions for the Regional Administrator (RA) to grant a waiver for the minimum shell thickness that is required for hazardous waste storage or treatment tanks (SUPERSEDED: see 51 FR 25422; 7/14/86).
 
11/29/1983STORAGE FACILITIES, RCRA APPLICABILITY TOMemo
 Description: A facility holding wastes in drums is engaged in storage even if the waste was placed in storage prior to 11/19/80.
 
11/01/1983PERMIT INCLUDES A NON-REGULATORY REQUIREMENTQuestion & Answer
 Description: When a permit includes a condition that is not a regulatory requirement, EPA could challenge a change made without major modification, but the chances of successful enforcement action would be minimal.
 
11/01/1983PERMIT REQUIREMENTS FOR NON-REGULATED UNITSQuestion & Answer
 Description: EPA cannot call for a Part B permit application for an interim status unit for which there are no regulations in Part 264 (e.g., an underground tank that cannot be entered for inspection).
 
10/15/1983Permit Applicants' Guidance Manual for the General Facility Standards of 40 CFR 264Publication
 Description: This document assists owners and operators of hazardous waste management facilities required to submit Part B of permit applications in exhibiting compliance with the standards of 40 CFR Part 264.
 
10/01/1983TIME LIMIT FOR EPA REVIEW OF PERMIT APPLICATIONQuestion & Answer
 Description: There is no specified time limit by which an EPA Region must review a permit application for completeness. EPA intends to use the 124.3(c) schedule as a management tool and is not bound by these dates.
 
09/01/1983PROPOSED REGULATIONS AS PART OF PERMITQuestion & Answer
 Description: A permit application must reflect the hazardous waste regulations which are in effect at the time of filing. The application should not include proposed changes to the regulations; however, changes in the regulations may necessitate a permit modification.
 
09/01/1983WASTE STORAGE TANK ATTACHED TO FILTRATION UNITQuestion & Answer
 Description: An activated carbon filtration unit attached to a hazardous waste storage tank vent pipe treats waste, but it is not permitted separately from the tank. A permit would be issued for the tank for storage only. The carbon is a solid waste and may exhibit characteristics or may contain listed waste.
 
08/17/1983CLARIFICATION OF INACTIVE/ACTIVE STORAGE AND DISPOSAL FACILITIES UNDER RCRAMemo
 Description: If hazardous waste (HW) is placed in land-based units before 11/19/80, it is being "stored" and the facility is subject to interim status. If HW is finally disposed prior to 11/19/80, the facility is never subject to Subtitle C. Storage is an on-going process and always implies future management. Disposal is the final step in handling HW.
 
08/02/1983CHANGES DURING INTERIM STATUS IN PHASE II AUTHORIZED STATESMemo
 Description: Facilities may operate only with a RCRA permit or under federal interim status. Facilities must conform to specific provisions regarding changes during interim status.
 
07/11/1983MAJOR HANDLERS OF HW - DEFINITIONMemo
 Description: EPA USES a “major handler” DESIGNATION TO IDENTIFY ENVIRONMENTALLY SIGNIFICANT HAZARDOUS WASTE HANDLERS upon whom EPA will CONCENTRAte its INSPECTION, PERMITTING, AND REPORTING RESOURCES. Provides a list of hazardous waste handling activities that EPA considers “major.”
 
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.
 
06/17/1983LAND OWNER SIGNATURE ON PART AMemo
 Description: An incorrect signature on a permit application may be a criminal violation. Although it is usually unnecessary, the permitting authority should conduct a title search when it is needed. EPA is not liable for issuing a permit to the wrong party based on an incorrect Part A. EPA should assume that permit applicants are dealing in good faith. Public notice should serve to inform the public of who owns and operates the facility.
 
06/14/1983APPLICATION WITHDRAWALS AND TERMINATIONS OF INTERIM STATUS AS COUNTED IN AMAS AND TOWARD CALL-IN COMMITMENTSMemo
 Description: Protective filers that were never regulated under Part 265 can be removed from interim status data in the EPA database after confirmation that no activity subject to permitting was conducted. Interim status facilities that withdraw a permit application are subject to the 265 closure requirements.
 
06/01/1983ADDING ABSORBENTS TO HAZARDOUS WASTE IN CONTAINERSQuestion & Answer
 Description: Transferring waste from one container to another while simultaneously adding absorbent material does not require a treatment permit.
 
05/01/1983HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY VS. INCINERATIONQuestion & Answer
 Description: The current (1983) recycling regulations consider the intent when distinguishing between burning for legitimate heat recovery and incineration. The 4/4/83 Federal Register proposes that recovery carried out in a unit that meets the incinerator definition must be permitted, regardless of energy and material recovery considerations.
 
05/01/1983PROBLEMS WITH THE APRIL 1, 1983 FEDERAL REGISTERQuestion & Answer
 Description: EPA recognizes errors made in the 4/1/83 Federal Register reorganizing permit regulations (48 FR 14228) (SEE ALSO: 48 FR 39611; 9/1/83).
 
05/01/1983TECHNICAL DATA TO BE SUBMITTED BY PROFESSIONAL ENGINEERQuestion & Answer
 Description: 270.14(a) does not require a professional engineer to certify an entire permit application. A Regional permit writer may require certification of specific technical information and certification that particular facility structures and equipment will perform in compliance with the regulations.
 
04/20/1983TANK SHELL THICKNESS REQUIREMENTMemo
 Description: Owners and operators must submit information about the tank shell thickness when submitting a permit application. Federal regulations do not require secondary containment for tanks (SUPERSEDED: see 264.193 and 265.193).
 
04/01/1983BUILDING DAMAGED DURING INTERIM STATUSQuestion & Answer
 Description: An interim status facility damaged by fire or explosion cannot exceed the 50% reconstruction limit when rebuilding the facility and remain under interim status under changes during interim status.
 
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.
 
03/01/1983INTERIM STATUS FACILITY ADDING NEW UNITQuestion & Answer
 Description: If an existing facility can add a new unit under change in interim status, the unit is not subject to seismic standards in 264.18. The location standards in 264.18 apply to new facilities, not existing facilities.
 
02/18/1983TOTALLY ENCLOSED TREATMENT FACILITY, REGULATORY CLARIFICATION OFMemo
 Description: A totally enclosed treatment unit (TETU) must be enclosed on all sides, pose little threat of waste escape, and be integrally connected to an industrial production process. TETUs are limited to pipelines, tanks, and tank-like equipment. The exemption applies to the unit, not effluent from the unit. Effluents discharged to surface water, sewer, or publicly owned treatment works are not RCRA regulated.
 
02/01/1983CONTAINER STORAGE IN PART BQuestion & Answer
 Description: The part B permit application for a container storage area does not need certification of technical data. The certification of other units, such as tanks, is not limited to state-certified professional engineers.
 
01/11/1983CLOSURE & POST-CLOSURE REQUIREMENTS REGARDING HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIESMemo
 Description: Recontouring a final cover and adjusting in-place waste is not considered receipt of hazardous waste at a closed facility. Closure and post-closure plans are to account for vegetation and liquid inputs. Landfill closure standards require a final cover to minimze the migration of liquids through the closed landfill. Discussion of the addition of liquids during versus after closure (may be allowed during closure, including leachate recirculation, if part of closure plan). The recirculation of leachate during operation is not a closure activity. Receipt of hazardous waste after 1/26/83 causes impoundment or landfill to be a regulated unit, but redeposit of treated waste during closure does not make the unit regulated unit. If a landfill is a series of separately lined trenches, each trench is a separate waste management unit.
 
01/01/1983CORRECTION TO PART 122Question & Answer
 Description: The correct citation in paragraph 2 of 122.23(e), “Grounds for termination of interim status,” is 122.22(a)(5) or a direct referral to RCRA 3005(e) (SUPERSEDED: see 270.73).
 
12/29/1982LAND DISPOSAL PERMIT STRATEGYMemo
 Description: Discusses the historical priorities for permitting of land disposal units (surface impoundments, waste piles, land treatment units, and landfills).
 
12/01/1982CONCENTRATION LIMITS FOR COMPLIANCE MONITORINGQuestion & Answer
 Description: When evaluating proposed concentration limits, the permit writer may consider seasonal variations or the need for additional background monitoring on a case-by-case basis.
 
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.
 
12/01/1982MODIFYING PERMIT TO HANDLE NEW WASTESQuestion & Answer
 Description: Adding new wastes to a facility’s permit requires a major permit modification.
 
12/01/1982USING LEASED PROPERTY AS BUFFER ZONEQuestion & Answer
 Description: Owners or operators of facilities that use leased property as part of the 50 foot buffer zone for containers holding ignitable (D001) and reactive (D003) wastes should ensure that the lease will continue in force if the land is sold. The Part B permit should note that part of the buffer area is leased.
 
11/01/1982FINANCIAL REQUIREMENTS FOR TSDFS IN AN INTERIM AUTHORIZED STATEQuestion & Answer
 Description: Addresses the procedures in an interim authorized state for handling financial assurance for an interim status facility whose Part B is called up or requested.
 
10/22/1982EXISTING INCINERATORS AND DATA IN LIEU OF TRIAL BURNMemo
 Description: Addresses the submission of data from existing incinerators in lieu of conducting a trial burn.
 
10/01/1982AUTHORIZING FOR WRITING PERMITS FOR SURFACE IMPOUNDMENTSQuestion & Answer
 Description: Provides guidance on issuing permits for surface impoundments when the state has limited interim authorization.
 
10/01/1982SURFACE IMPOUNDMENT SUBMITTING PART BQuestion & Answer
 Description: The part B permit application for a surface impoundment that does not accept hazardous wastes after 1/26/83 does not have to address 264 Subpart F. An impoundment would be subject to Part 265, Subpart F (SUPERSEDED: see current 264.90(a)).
 
09/01/1982COMPLIANCE PERIODQuestion & Answer
 Description: The compliance period is the number of years equal to the active life of the waste management area. The active life includes any waste management activity prior to permitting, which includes any period where the unit received nonhazardous solid waste.
 
09/01/1982DISADVANTAGES TO CLOSING PRIOR TO PERMIT ISSUANCEQuestion & Answer
 Description: If a regulated unit is closed prior to obtaining a permit, but after 1/26/83, EPA may still request a Part B permit application. A permit would consist of Part 264, Subpart F, groundwater monitoring, including corrective action (SEE ALSO: 63 FR 56711; 10/22/98).
 
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.
 
08/09/1982STATE PERMITS ISSUED BEFORE RECEIVING RCRA PHASE II AUTHORIZATIONMemo
 Description: EPA-issued permits remain in effect until terminated under 122.15 or by an agreement between EPA and the permittee. Facilities that manage hazardous waste can do so only under an interim authorized state or federal RCRA permit, federal interim status, or the state equivalent to interim status.
 
08/01/1982DEFINITION OF “EXISTING PORTION”Question & Answer
 Description: The term “original Part A” used in the definition of “existing portion” in 260.10 means the first Part A submitted that fulfilled the requirements for interim status.
 
07/20/1982FACILITY CHANGES DURING INTERIM STATUSMemo
 Description: Provides questions and answers on the meaning of “reconstruction” for changes during interim status. Reconstruction cost computations include the fair market value of land, even for state-owned facilities. Cumulative expansion costs are used for sites that have expanded more than once. The reconstruction cost estimate includes costs of land acquisition, construction materials, material transportation, site construction, and groundwater monitoring and control construction. The cost calculation does not include the cost of relocating residents of adjacent communities or the cost of roads for access to the site.
 
07/09/1982FEDERAL DELISTING AND RCRA PERMITTING IN INTERIM AUTHORIZED STATESMemo
 Description: For a state program approved for once-listed hazardous waste that is later delisted or excluded, the waste is automatically no longer part of the authorized state program and a federal RCRA permit cannot be issued to a facility managing that waste.
 
07/09/1982PERMITTING OF HAZARDOUS WASTE INCINERATORSMemo
 Description: Discusses the historical priorities for the permitting of incinerators.
 
05/28/1982CHANGES TO FACILITIES DURING INTERIM STATUSMemo
 Description: Discusses the current and proposed regulations on changes during interim status, and proposed changes under the settlement agreement in NRDC v. EPA.
 
05/24/1982PART B FINANCIAL RESPONSIBILITY INFO. REQ. FOR OWNERS/OPERATORS IN STATES WITH ONLY PHASE 1 AUTHORIZATIONMemo
 Description: Pursuant to 122.25, owners and operators of TSDFs in states with Phase I authorization are not required to submit financial instruments until just prior to permit issuance, rather than with original permit application (SUPERSEDED: See current 270.14(b)(15)-(18)).
 
02/01/1982GROUNDWATER MONITORING AND LEAKING WASTE PILESQuestion & Answer
 Description: An interim status waste pile leaking hazardous leachate into the ground is out of compliance. The owner or operator can take remedial action or modify their Part A permit application, reclassifying the waste pile as a land treatment unit or landfill, for which groundwater monitoring would be required under changes during interim status.
 
01/29/1982PROPOSED MECHANISM FOR HANDLING MOBILE TREATMENT UNITSMemo
 Description: Mobile treatment units must be permitted or receive interim status at a particular location. A facility may amend their Part A or modify their permit to include a mobile treatment process. Mobile treatment may be added to a facility as a new process or an increase in design capacity. Discusses the applicability to emergency situations.
 
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.
 
07/31/1981WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: Off-site hazardous waste management facilities can be wastewater treatment units (WWTUs). The actual permit or effluent limit is not needed for discharge to be considered subject to the CWA. Wastewater does not include concentrated chemicals or nonaqueous waste. Presses, filters, and sumps may be WWTU.
 
07/28/1981SOLIDIFICATION AS TREATMENTMemo
 Description: The use of absorbents for spill control is not regulated as treatment due to 264.1(g)(8) immediate response exemption. The use of absorbents to solidify hazardous waste in other contexts is regulated treatment (SEE ALSO: 264.1(g)(10), 265.1(c)(13), and 270.1(c)(2)(vii)).
 
07/10/1981SOLIDIFICATION AS TREATMENTMemo
 Description: A totally enclosed treatment unit (TETU) must preclude the possible escape of hazardous constituents, even with human or equipment failure. A container that could overfill is not a TETU. Solidifying liquid hazardous waste by pouring it into a container containing inert sorbents is treatment (SEE ALSO: 264.1(g)(10), 265.1(c)(13), and 270.1(c)(2)(vii)).
 
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.
 
03/24/1981TRANSFER OF NOTIFICATION AND PERMIT APPLICATION INFORMATION TO STATESMemo
 Description: EPA issues and reviews permits until states receive Phase II interim authorization. EPA will provide copies of notification forms and the Part A permit application to states during the authorization process.
 
03/12/1981INTERIM STATUS OF PROPOSED LANDFILL CELLSMemo
 Description: Proposed landfill cells included in a part A permit application may qualify for interim status.
 
03/03/1981REGULATORY CLARIFICATION OF TOTALLY ENCLOSED TREATMENT FACILITYMemo
 Description: The totally enclosed treatment unit (TETU) exemption is limited to tanks, pipes, and tank-like equipment. The exemption applies to the unit, not effluent from the TETU. The TETU must be completely contained, present no potential for escape of constituents, and be directly connected to industrial process. It must prevent leaks, spills and gaseous emissions.
 
02/12/1981INVOLVEMENT OF STATES WITHOUT PHASE II INTERIM AUTHORIZATION IN RCRA PERMITTINGMemo
 Description: EPA issues permits until a state receives interim authorization. EPA must cooperate with the state when issuing permits. Phase II interim authorization includes unit standards and permitting standards. Part 267 interim final regulations are temporary standards for land disposal facilities.
 
10/17/1980STATE PERMITTING DURING PHASE I INTERIM AUTHORIZATIONMemo
 Description: A state may qualify for interim authorization for Phase I if the state’s facility controls are substantially equivalent to the federal program. State permits must be modified to reflect changes in the federal regulations. A facility must obtain a RCRA permit after the effective date of Phase II.
 
10/03/1980REQUIREMENT THAT STATE-PERMITTED HAZARDOUS WASTE FACILITIES HAVE INTERIM STATUSMemo
 Description: A facility cannot begin construction and operation if it does not have a permit or qualify for interim status. An interim status facility must be in existence on the date of enactment of RCRA, comply with notification requirements, and have applied for a permit under 3005(a).
 
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For more information on commonly used environmental terms please visit the Terms of the Environment EPA Home Page

 

 
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