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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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Hide details for PetitionsPetitions
05/15/2003HEADQUARTERS REVIEW OF SITE-SPECIFIC RISK ASSESSMENT DECISIONS FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: EPA is requesting summary information about site-specific risk assessment (SSRA) decisions. The Cement Kiln Recycling Coalition (CKRC) petitioned for a rulemaking regarding hazardous waste combustion SSRAs, and CKRC asserts that EPA has and continues to require SSRAs in violation of the Administrative Procedure Act (APA). EPA is evaluating CKRC’s petition. EPA has provided a memorandum on the appropriate use of the SSRA policy and guidance (SEE ALSO: RPC# 4/10/2003-01). The review process is not retroactive.
 
03/18/2003PETITION PROCESS FOR THE TRIVALENT CHROMIUM EXCLUSION Memo
 Description: Section 261.4(b)(6)(ii) identifies specific wastes that meet the three criteria for the trivalent chromium exclusion. Wastes not on the 261.4(b)(6)(ii) list do not qualify for the exclusion. If the waste is disposed in an authorized state, direct 261.4(b)(6)(i) requests to the state agency. If the waste is disposed in an unauthorized state, direct 261.4(b)(6)(i) petitions to EPA. The federal rulemaking petition process involves decision making via public notice and comment. EPA publishes its initial decision to grant or deny a petition as a proposed rulemaking to add the waste to 261.4(b)(6)(ii) or a proposed denial. Submit specific, detailed waste characterization, generation, and management information to facilitate the processing and evaluation of a petition.
 
07/31/2002SUPPLEMENTAL SUBMISSION TO CKRC PETITIONMemo
 Description: EPA will add a supplemental submission to the Cement Kiln Recycling Coalition (CKRC) hazardous waste combustion site-specific risk assessment petition.
 
01/26/2001VARIANCE FOR WORLD RESOURCE COMPANYMemo
 Description: EPA expects to make a final determination by the end of year regarding World Resources Company’s application for a variance from the definition of solid waste. If granted, their electroplating wastewater treatment sludge would not be a solid waste, and thus not a hazardous waste (F006).
 
07/05/2000STATE AUTHORIZATION FOR RULEMAKING PETITIONSMemo
 Description: A facility petition to take advantage of trivalent chrome exclusion is referred to authorized state. States authorized by EPA to implement toxicity characteristic (TC) regulations are also authorized to implement exclusions to TC regulations.
 
09/23/1999U.S. ARMY - PICATINNY ARSENAL REQUEST FOR WAIVER FROM 40 CFR PART 64, SUBPART CC STANDARDS FOR TANKS AT A PROPOSED HAZARDOUS WASTE INCINERATORMemo
 Description: There is no current provision for waiver from compliance with Subpart CC air emission standards. Miscellaneous units are subject to air emission standards. Waste determination must be made before hazardous waste is placed in tank.
 
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.
 
01/20/1999SITE-SPECIFIC TREATABILITY VARIANCE FOR GNB TECHNOLOGIES, INC.Memo
 Description: EPA continues to evaluate GNB Technologies, Inc. petition for land disposal restrictions (LDR) treatment variance for treated lead slag generated from secondary lead recovery process. EPA ability to finalize a determination depends on timely submittal of petition and additional information requested by EPA (SEE ALSO: RPC# 1/11/99-01).
 
01/11/1999SUPPORT FOR PETITION FOR A LAND DISPOSAL RESTRICTION (LDR) TREATMENT VARIANCE FOR LEAD SLAGMemo
 Description: EPA’s response to a letter expressing support for a petition submitted by GNB Technologies, Inc. seeking a land disposal restriction (LDR) variance from a treatment standard. The petition requests an alternative standard for treated lead slag generated from a secondary lead recovery process. EPA’s ability to finalize a determination depends on timely submittal of the petition and any additional information requested by EPA.
 
12/09/1998SUPPORT FOR PETITION FOR A LAND DISPOSAL RESTRICTION (LDR) TREATMENT VARIANCE FOR LEAD SLAGMemo
 Description: EPA’s response to a letter expressing support for a petition submitted by GNB Technologies, Inc. seeking a land disposal restriction (LDR) variance from a treatment standard. The petition requests an alternative standard for treated lead slag generated from a lead recovery process. EPA will send GNB a preliminary response with ra a request for additional information. EPA’s ability to finalize a determination depends on when additional information is submitted and the completeness of that submittal.
 
08/18/1998ADDITION OF MERCURY-CONTAINING EQUIPMENT TO UNIVERSAL WASTE PROGRAMMemo
 Description: EPA has no plans to address petitions to add mercury-containing equipment to universal waste rule (SUPERCEDED: 70 FR 45508; 8/5/05). Universal waste rule explicitly provides flexibility for states to add other waste categories to their approved state program.
 
08/18/1998STEEL PLATING PROCESS AND F006 DEFINITIONMemo
 Description: Wastewater treatment sludges from electroplating operations are F006 regardless of actual composition and constituent concentrations (even if the process does not use any of the constituents for which F006 sludges were listed, such as chromium, cadmium, nickel and cyanide). F006 exemption for aluminum or zinc-aluminum plating on carbon steel does not extend to steel plating on aluminum. Facility may petition to have waste delisted.
 
02/26/1998RULEMAKING PETITION FOR TRIVALENT CHROMIUM EXCLUSIONMemo
 Description: Discusses the three part criteria for excluding a chromium waste. Rulemaking petition to take advantage of trivalent chromium exclusion must be submitted to implementing agency (EPA or state) for review and approval. Filter cake from treatment of chrome-bearing wastewater is newly generated waste.
 
05/29/1997PETITION TO ADD WASTES TO THE UNIVERSAL WASTE PROGRAMMemo
 Description: EPA has no plans to address Utility Solid Waste Activities Group’s (USWAG) petitions to add mercury-containing equipment, paint, and paint-related wastes to the universal waste (UW) rule in 1997. The universal waste rule explicitly provides flexibility for states to add other waste categories to their approved state program. EPA established the workgroup to reduce the burden of the current manifest system. The workgroup’s proposal to allow generators to consolidate waste at central locations would cover utility access residuals.
 
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.
 
06/19/1996JURISDICTIONAL STATUS UNDER THE RCRA OF CERTAIN METAL-RICH SLUDGESMemo
 Description: Wastewater treatment sludge (F006) sent to primary smelters for copper extraction is not eligible for the Section 261.2(e) use/reuse exemption because the sludge is being reclaimed. Sludge may be eligible for a variance from the definition of solid waste under Section 260.30(c) as a partially reclaimed material needing further reclamation.
 
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.
 
02/26/1996USED OIL AS A DUST SUPPRESSANTMemo
 Description: EPA prohibits the use of used oil as a dust suppressant, unless a state has successfully petitioned EPA under Section 279.82(b) to allow such use.
 
02/08/1996APPLICABILITY 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.
 
11/29/1995ADMINISTRATOR’S DECISION ON EXTENSION OF DELISTING DELEGATION TO REGIONSMemo
 Description: EPA headquarters is delegating delisting authority to the Regions. Delisting petitions should be submitted directly to the Regions rather than to headquarters. Existing petitions were transferred to the Regions.
 
08/10/1995GENERATOR STATUS OF CONTRACTORS WHO REMOVE LEAD-BASED PAINTMemo
 Description: During typical lead-based paint abatement, both the property owner and contractor may qualify as generators responsible for compliance. The cogenerator policy applies to cases other than those specified in the 10/30/80 Federal Register (45 FR 72024), where waste is generated by more than one party.
 
06/30/1995DETERMINATION WHETHER SECONDARY MATERIAL TRANSPORTED TO A CANADIAN COPPER SMELTER IS A SOLID WASTEMemo
 Description: Although dewatering is reclamation, dried metal hydroxide solids in pellet powder from dewatering electroplating wastewater are F006. The listing applies even if the sludge is reclaimed further. Pellets sent to a smelter to recover metals are reclaimed, not directly used or reused, because distinct components are recovered as separate end products. The sludge is F006 before reclamation unless a variance from the definition of solid waste for partially-reclaimed wastes needing further reclamation (260.30(c)) is obtained.
 
06/22/1995DETERMINATION ON WHETHER A GENERATOR'S FLUORESCENT TUBES ARE NONHAZARDOUSMemo
 Description: A generator is responsible for determining if a waste exhibits a characteristic. Testing one spent fluorescent mercury lamp tube to determine if all waste lamps exhibit the characteristic is not representative sampling. Selection of randomly chosen bulbs is more appropriate (see Chapter 9, SW-846). States authorized for the universal waste (UW) rule may add lamps to the state UW list and set management standards (SEE ALSO: 64 FR 36466; 7/6/99). The UW rule streamlines regulations for hazardous waste batteries (battery), pesticides, and mercury thermostats (SEE ALSO: 70 FR 45508; 8/5/05).
 
02/07/1995POLICIES REGARDING SELF-CERTIFICATION OF NON-HAZARDOUS WASTEMemo
 Description: There is no RCRA policy for “self-certifying” that a listed waste is nonhazardous. Listed wastes remain listed and hazardous until delisted. Wastes that will be beneficially recycled may still be a solid and thus a hazardous wastes.
 
02/01/1995STATUS 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.
 
11/15/1994VARIANCES FROM CLASSIFICATION AS A SOLID WASTE UNDER 40 CFR 260.31(B) FOR SPENT CATALYSTSMemo
 Description: Wastes subject to a variance for secondary materials that are reclaimed and reused within original production process in which generated are not subject to RCRA even if they are burned or incinerated. Provides the criteria or conditions that an applicant must meet to be eligible for a variance. The Agency can weigh criteria differently and add factors (SEE ALSO: Section 261.4(a)(8)).
 
11/01/1994DELISTING PETITIONS FOR HAZARDOUS WASTES FROM THE PETROLEUM INDUSTRYQuestion & Answer
 Description: Discusses the history of the “petroleum list” and the “Skinner List” used in delisting hazardous wastes from petroleum industry. Due to generator-specific nature of delisting, other constituents may need to be addressed.
 
10/17/1994REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Fuel blenders are subject to 268.7(b) LDR notification and certification. Fuel blending is not exempt from permitting, unless it is done at a generator site in a 262.34 accumulation unit. Fuel blending at a transfer facility is treatment and requires a permit. Most fuel blending units are permitted as tanks or miscellaneous units. Fuel blenders are subject to the air emissions standards (SEE ALSO: RPC# 12/5/94-01; 59 FR 62896; 12/6/94). Thermal treatment units are not eligible for the 262.34 permit exemption. Recycling units at facilities with other permitted units are subject to the air emissions standards (SEE ALSO: 62 FR 25997; 5/12/97). Generators who send waste off-site to a burner are subject to LDR notification. Cement or light-weight aggregate kiln produced by a Bevill device burning both hazardous waste and Bevill-exempt wastes may be exempt from land disposal restrictions (LDR) treatment standards when used in a manner constituting disposal if the residues pass the significantly affected test in 266.112. If neither the products nor the residues are subject to the LDR treatment standards, the original generator's waste is not prohibited from land disposal, and is subject only to 268.7(a)(6) (SEE ALSO: 62 FR 25997; 5/12/97).
 
10/12/1994CLARIFICATION ON WHETHER OR NOT A LABORATORY MUST USE THE ""SW-846 'A' ORGANIC METHODS"" WHICH WERE RECENTLY PROMULGATEDMemo
 Description: Any reliable analytical test method may be used to meet the requirements of Parts 260 through 270 which do not require the use of a specific method or application. Chapter 2 of SW-846 allows flexibility in using SW-846 methods.
 
10/07/1994PROCESSING LEAD ABATEMENT DEBRIS TO MEET HAZARDOUS WASTE RECYCLER'S SPECIFICATIONS IS NOT ""TREATMENT"" AS DEFINED IN 40 CFR 260.10Memo
 Description: Processing (cutting, chopping, shredding, or grinding) of lead-based paint (LBP) waste is treatment, but it is not subject to regulation if it is part of legitimate recycling. The storage of hazardous waste lead-based paint before or after exempt processing is regulated. Recycling is an exempt form of hazardous waste treatment.
 
09/28/1994CLARIFICATION ON WHEN USED MERCURY RELAYS/SWITCHES BECOME SPENTMemo
 Description: Mercury switches taken out of service and reclaimed are spent materials and solid wastes (SW). Sending a mercury switch for further use as a relay or switch is the continued use of a product. The actual management of a material rather than the potential of a material for a particular end use determines if it is a SW. Whether a switch is spent or directly reusable is determined when it is removed from service. Out-of-date drugs are off-specification CCPs and not a SW when returned to the pharmaceutical manufacturer for reclamation. Persons may petition to include switches/relays as a universal waste (SEE ALSO: 70 FR 45508; 8/5/05).
 
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.
 
07/21/1994CLARIFICATION: IS A FACILITY THAT HAS A ""PRIMARY PURPOSE"" OF BURNING HAZARDOUS WASTE FOR DESTRUCTION SUBJECT TO RCRA REGULATIONS?Memo
 Description: Solid waste includes materials that are abandoned by being burned or incinerated. Discusses the history of the incinerator and BIF rules. The BIF rules apply even to BIFs burning hazardous waste (HW) for destruction. A facility with the “primary purpose” of burning HW for destruction is an incinerator. A test to determine whether a device is a BIF is in definition at Section 260.10. The revenue of a facility for treatment versus recycling is not sole factor in identifying the unit, but is factor in determining whether the activity is destruction, or legitimate or sham recycling. Delisting is not a prerequisite to use the Section 266.20 use in manner constituting disposal exemption. Section 266.20 only applies to to legitimate products derived from hazardous waste, not to hazardous waste residues that are merely claimed to be products. HSWA requires that facilities should conduct proper hazardous waste management in order to protect the environment and to achieve the ultimate goals of waste minimization and the reduction of land disposal.
 
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.
 
03/22/1994CLARIFICATION OF THE ""CONTAINED-IN"" POLICYMemo
 Description: Soil containing F003 (listed solely for ignitability) may be deemed to contain hazardous waste due to the presence of hazardous constituents (such as metals) even if the soil does not exhibit a characteristic under the contained-in policy (SEE ALSO: 66 FR 27266, 27286; 5/16/01). Consistent with the process for delisting wastes listed solely for a characteristic, States may consider constituents other than those for which the waste was listed when deciding if the soil still contains hazardous waste.
 
10/20/1993RESPONSE TO SPECIFIC QUESTIONS REGARDING HAZARDOUS WASTE IDENTIFICATION AND GENERATOR REGULATIONSMemo
 Description: The absence of free liquids precludes applicability of the ignitability characteristic (D001) as defined in 261.21(a)(1). The proposed rule change (58 FR 46052; 8/31/93) suggests using the pressure filtration step from TCLP (Method 1311) as a definitive demonstration for the absence of free liquids for D001 and D002.
 
04/19/1993USE OF PAINT FILTER LIQUIDS TEST TO DETERMINE FREE LIQUIDS IN A WASTEMemo
 Description: The paint filter liquids test Method 9095 was developed to determine free liquids in waste. The test is not intended for use in determining if a waste contains any bound or absorbed liquid or if a liquid is aqueous. The aqueous phase must be present to evaluate waste for pH (SEE ALSO: RPC# 2/16/90-01).
 
04/15/1993Environmental Fact Sheet: Delisting Petitions and the Petition Review ProcessPublication
 Description: This fact sheet describes the rulemaking procedure that can lead to standard, conditional, or upfront exclusions on the obligation to treat certain wastes as hazardous. It also introduces facilities to the steps of the delisting petition review process with a focus on information requirements and EPA methods of technical evaluation.
 
08/27/1992RCRA REGULATORY INTERPRETATION ON BENZENE STRIPPERS AT WRC REFINERYMemo
 Description: Refinery benzene stripper is a hazardous waste treatment unit, not tank ancillary equipment. Benzene stripper could be a fully regulated, wastewater treatment unit (WWTU), or generator accumulation unit.
 
12/30/1991PETITION TO DELIST XENIUM FIBERGLASS CORPORATION WASTEMemo
 Description: The delisting process generally takes two years. Addresses minimum delisting petition requirements. A delisting petition is not necessary for waste which is no longer hazardous via the 261.3(a)(2)(iii) exemption for mixtures of solid waste and hazardous waste listed solely for a characteristic that are no longer characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). The generator is responsible for demonstrating that an exempt mixture remains nonhazardous and for classification as legitimately used, reused, recycled, or reclaimed.
 
12/20/1991PUBLIC HEARINGS ON PETITION TO DELIST WASTE FROM APTUS, INC.Memo
 Description: EPA is not required to hold public hearing on delisting petitions. As of 1991, EPA has never held delisting hearings. Proposed delistings must be published in the Federal Register. EPA does not designate specific disposal sites for delisted wastes, but assumes disposal in an unlined solid waste landfill.
 
12/10/1991NO-MIGRATION PETITION FOR KOCH REFINING, TXMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below the treatment zone, in soil-pore liquid, and in groundwater at the land treatment facility.
 
12/01/1991SW-846 TEST METHODSQuestion & Answer
 Description: The test methods found in SW-846 are generally not required, but are intended as guidance for both hazardous waste identification and compliance with the land disposal restrictions (LDR) treatment standards. In certain instances, such as delisting and characteristic testing, EPA requires the use of the SW-846 methods.
 
07/10/1991DELISTING PETITION FOR INCINERATOR ASHMemo
 Description: EPA will dismiss delisting petitions that are either seriously deficient or incomplete after 6 months of an Agency request for additional information. A facility can submit a new petition.
 
06/21/1991POSITION PAPER ON SPENT ABSORBENT MATERIALSMemo
 Description: CESQGs may dispose of hazardous waste in a sanitary or municipal solid waste landfill as long as the landfill is permitted, licensed, or registered by the state to manage municipal or industrial solid waste (SEE ALSO: 261.5(g)(3)). An absorbent and waste mixture containing a free liquid phase with a flash point less than 140 F is D001. A sorbent and waste mixture with no free liquid is D001 only if it qualifies as an ignitable solid. DOT hazard classes do not correspond directly to RCRA characteristics. The deliberate mixing of hazardous waste and absorbents to render waste nonhazardous may be treatment subject to permitting (SEE ALSO: 264.1(g)(10)) and 268.3). If an absorbent is mixed with waste that is listed solely for exhibiting a characteristic, the mixture is not hazardous waste if it does not exhibit the characteristic (SEE ALSO: 66 FR 27266; 5/16/01). A mixture of absorbent and used oil is subject to Part 266, Subpart E (SUPERSEDED: See Part 279) if destined for energy recovery.
 
05/29/1991NO-MIGRATION PETITION FOR CONOCO, MTMemo
 Description: The determination of environmental threats from land treatment facilities seeking land disposal restrictions (LDR) no-migration petitions are based on sensitivity of environmental receptors, presence of exposure pathways to receptors, and exposure to contaminants at hazardous levels. Discussion of criteria required to properly assess such threats.
 
05/29/1991NO-MIGRATION PETITION FOR TEXACO, WAMemo
 Description: Summary of demonstrations that must be made in no-migration petitions.
 
05/21/1991COMPACTING HAZARDOUS WASTE INSIDE STEEL DRUMS AS TREATMENTMemo
 Description: Compacting hazardous waste in a steel drum is treatment if the reduction in volume results in a change in the physical, chemical, or biological character or composition of the waste. Compacting in generator accumulation containers would not require a permit.
 
05/01/1991NO-MIGRATION PETITION FOR ROBINSON, ILMemo
 Description: Guidance on the revision of an existing petition or withdrawal and resubmission of a new petition after EPA’s denial of a land disposal restrictions (LDR) no-migration petition for a land treatment unit and surface impoundment.
 
04/26/1991SPENT PICKLE LIQUOR DELISTING PETITIONMemo
 Description: Discusses additional sampling and analysis requirements for a delisting petition of a liquid phase from lime neutralization of spent pickle liquor and associated rinsewaters (K062). A facility has 6 months to submit data before petition dismissal. A petition may be withdrawn and re-submitted.
 
04/22/1991NO-MIGRATION PETITION FOR ATLANTIC REFINING & MARKETING, PAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to releases from the land treatment facility in excess of health based levels, inadequate soil and groundwater monitoring system, noncompliance with other regulatory requirements.
 
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.
 
03/26/1991SUBSURFACE FATE AND TRANSPORT MODELMemo
 Description: EPA‘s Composite Model for Landfills (EPACML) is a subsurface fate and transport model developed for national regulatory purposes, not site-specific use. EPA is proposing to use EPACML in delisting petitions. EPA discourages application of the model to site-specific corrective actions.
 
02/13/1991HAZARDOUS WASTE DETERMINATIONS FOR NICKEL-CADMIUM BATTERIESMemo
 Description: Unused batteries are CCPs and are not solid waste when destined for reclamation. Used batteries are spent materials and are solid waste when destined for reclamation. Used batteries that are partially reclaimed but need further reclamation are generally solid waste. A variance may be used to show that partially reclaimed used batteries are not solid waste (SEE ALSO: Part 273).
 
02/12/1991STATE AUTHORIZATION FOR DELISTINGMemo
 Description: Once a state is authorized for the delisting program, EPA loses the authority to delist wastes in that state and transfers all outstanding petitions to the state agency. EPA delisting decisions have no effect on hazardous waste management in a state authorized for delistings, unless the waste leaves the state.
 
02/05/1991NO-MIGRATION PETITION FOR KERR-MCGEE REFINING, OKMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment facility, inadequate groundwater monitoring system, and failure to maintain minimum separation between high water table and bottom treatment zone.
 
01/30/1991STANDARDS FOR AIR PATHWAY FOR METALS AND ORGANIC CHEMICALSMemo
 Description: A land disposal restrictions (LDR) no-migration petition uses a health based level for chromium based on hexavalent chromium. Discusses information on compounds in Appendix VIII or IX, and/or the modified Skinner list relating to no-migration petitions.
 
01/29/1991NO-MIGRATION PETITION FOR EXXON, TXMemo
 Description: Discusses information on static fracturing and the use of indicator chemicals in a risk assessment in relation to the land disposal restrictions (LDR) no-migration petitions.
 
01/23/1991REGULATORY STATUS OF SOLVENT-CONTAMINATED RAGS AND WIPERSMemo
 Description: Until EPA has the resources to respond to a petition to exempt solvent-contaminated rags, wipers, and shop towels from the mixture rule, EPA believes the waste determination should be made by the state or region on a case-by-case basis since they are in the best position to make an evaluation.
 
01/17/1991NO-MIGRATION PETITION FOR SUN REFINING, OKMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to hazardous constituents below treatment zone, inadequate groundwater monitoring system, inability to maintain minimum distance between treatment zone and high water table, and failure to demonstrate no constituents will migrate beyond the land treatment unit.
 
01/03/1991MODIFICATIONS TO WASTEWATER TREATMENT SYSTEM UNDER EXCLUSIONMemo
 Description: If a manufacturing or treatment process that generates a delisted waste is modified, the facility must submit additional data to EPA. Waste from the modified process should be treated as hazardous until EPA makes a decision regarding status of exclusion.
 
01/03/1991NO-MIGRATION PETITION FOR KOCH'S REFINING, TXMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below the treatment zone and in the groundwater from the land treatment unit.
 
12/27/1990TREATMENT STANDARDS FOR CERTAIN MIXED RADIOACTIVE WASTESMemo
 Description: Merely placing waste in a tank or a container is not macroencapsulation (MACRO). A plastic or steel coating that provides reduction in surface exposure to leaching media, and jackets of inorganic materials are MACRO. Macroencapsulation does not comply with existing land disposal restrictions (LDR) standards for metals. Waste could be macroencapsulated and disposed of via a variance from a treatment standard, no-migration petition, or national capacity variance.
 
12/21/1990DELISTING PETITION OF NITROGEN TETROXIDE RINSATEMemo
 Description: A delisting petitions must demonstrate that waste does not exhibit any hazardous characteristic. A petition withdrawal is allowed to prevent denial notice in Federal Register. A facility can re-petition at later date.
 
11/27/1990DRAFT SAMPLING AND ANALYSIS PLAN FOR NH PLATING COMPANYMemo
 Description: Discusses the delisting petition site-specific sampling and analysis requirements for chemically stabilized electroplating soils and sludges, as well as the use of groundwater monitoring data in the petition.
 
11/08/1990NO-MIGRATION PETITION FOR AMOCO REFINERYMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to an inadequate groundwater monitoring system and the presence of hazardous constituents below the treatment zone at land treatment facility.
 
11/08/1990NO-MIGRATION PETITION FOR SINCLAIR OIL, OKMemo
 Description: Discusses EPA’s dismissal of a land disposal restrictions (LDR) no-migration petition due to failure to have a monitoring plan that detects migration from land treatment facility at the earliest practicable time and the presence of hazardous constituents in the groundwater.
 
11/07/1990NO-MIGRATION PETITION FOR SHELL OIL, WAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment zone, and failure to have a monitoring plan that detects migration at the earliest practicable time.
 
11/07/1990NO-MIGRATION PETITION FOR STAR ENTERPRISE, DEMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no migration petition due to the presence of constituents below land treatment zone and in groundwater.
 
11/06/1990NO-MIGRATION PETITION FOR MARATHON PETROLEUM, ILMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment unit, inadequate groundwater monitoring system, and inability to maintain minimum distance between treatment zone and high water table.
 
10/30/1990USED OIL FILTERS - REGULATION; USED OIL FILTERS, REGULATORY DETERMINATIONMemo
 Description: Crushing a filter to remove used oil (UO) is exempt if the removed UO is recycled (SUPERSEDED: see 261.6(a)(4) and 279.10(c)). Generally, used auto oil filters are not containers because they are not storing oil. Filters are not empty containers. A filter with UO removed is exempt scrap metal if it is recycled. Undrained, uncrushed filters have too much oil for the scrap metal exemption (SEE ALSO: 261.4(b)(13)). TCLP is performed on UO filters by crushing, cutting, or grinding filters and their contents until the pieces are smaller than one cm in the narrowest dimension. A characteristic UO filter that is sent for disposal is subject to regulation (SUPERSEDED: see 261.4(b)(13)).
 
10/24/1990NO-MIGRATION PETITION FOR ARCO PRODUCTS, WAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to inadequate groundwater monitoring system, excessive hazardous constituent release to air, presence of hazardous constituents below the land treatment zone, and inability to maintain minimum separation between treatment zone and groundwater table.
 
10/18/1990USED REFRIGERANTS UNDER 40 CFR 261.2Memo
 Description: Variances from the definition of solid waste (SW) are evaluated on a case-by-case basis. Most used refrigerants being reclaimed do not qualify for a variance from the definition of SW (SUPERSEDED: see 261.4(b)(12)). Reclamation can include filtration to reinsertion into a refrigerant manufacturing unit (SUPERSEDED: see 261.4(b)(12)). Used refrigerants are spent materials, not CCPs or by-products, and are SW if reclaimed. The spent material definition carries a plain language meaning. Used refrigerant that is directly reused as a refrigerant is the continued use of a product and is not SW.
 
10/09/1990CONTAMINATED SOIL AND DEBRIS TREATED REPLACEMENT UNDER A TREATABILITY VARIANCEMemo
 Description: Waste and residue treated under a treatability variance are regulated the same as waste treated to the applicable land disposal restrictions (LDR) standards. Soil and debris that is subject to a treatability variance are still managed as hazardous waste under contained-in policy. A variance is not that same as a delisting. An area of contamination (AOC) designated by the Region during RCRA corrective action is a RCRA unit. Waste is not subject to LDR and the unit is not subject to minimum technological requirements (MTR). Discusses corrective action management units (CAMUs).
 
10/03/1990LAND DISPOSAL OF UNTREATED HAZARDOUS WASTEMemo
 Description: The processing of a no migration petitions takes 12-18 months. The national lack of capacity for treatment, recovery, or disposal may allow a case by case extension to the land disposal restrictions (LDR) effective date. EPA proposal to grant a no migration or treatability variance that can be used to satisfy the case by case extension criteria.
 
09/28/1990LAND DISPOSAL RESTRICTIONS EFFECT ON STORAGE/DISPOSAL OF COMMERCIAL MIXED WASTEMemo
 Description: The hazardous component of mixed waste is regulated under RCRA therefore subject to land disposal restrictions (LDR) treatment standards. Discusses the overview of radioactive mixed waste, the storage prohibition, state authorization, and mixed waste (SEE ALSO: 64 FR 63464; November 19, 1999). Discusses the mixed waste national capacity variances, no-migration petitions, variances from treatment standard, and dilution prohibition.
 
09/26/1990CYANIDE FURNACE CRUCIBLES TREATMENTMemo
 Description: Discusses the volume of petitioned waste that is critical to the delisting evaluation. Delisting of waste in a land-based unit should include evidence that regulatory controls will be place on the solid waste management unit (SWMU) after delisting. Discussion of sampling, analysis, and groundwater monitoring.
 
09/24/1990CONOCO'S NO-MIGRATION PETITION DENIALMemo
 Description: Discusses the rationale for the denial of a facility’s no-migration petition. A facility must have a groundwater monitoring system to detect migration of hazardous constituents at the earliest extent practicable. A petition withdrawal is allowed to prevent notice of denial in Federal Register.
 
08/30/1990CAPACITY VARIANCES AND UNDERGROUND INJECTIONMemo
 Description: An underground injection capacity variance may apply to a facility generating injected waste from treatment. Multi-source leachate wastewater that is deep-well injected is granted a two-year capacity variance. Facilities with approved no-migration petitions do not need a capacity variance.
 
08/17/1990CAPACITY VARIANCES FOR UNDERGROUND INJECTION FACILITIESMemo
 Description: To EPA's knowledge, all commercial facilities with hazardous waste injection (UIC) wells disposing of on-site clean-up wastes have received final approval of no-migration petitions. Deep-well injected F039 has a two-year capacity variance, whether it is injected on site or commercially off site.
 
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.
 
06/14/1990ADOPTION OF TCLP FOR DELISTING DEMONSTRATIONSMemo
 Description: Notification to petitioners that, after finalization of toxicity characteristic rule, TCLP data will be required in all delisting petitions instead of extraction procedure (EP) data (SEE ALSO: 261.24).
 
05/31/1990SOIL CONTAMINATED WITH TOLUENE DIISOCYANATE (TDI)Memo
 Description: Contaminated soil and environmental media are hazardous until they no longer contain listed waste or are excluded, and are not hazardous via derived from rule (SEE ALSO: 66 FR 27266; May 16, 2001). A delisting petition must be filed for exclusion and will only apply to the facility and the waste covered by the exclusion.
 
05/24/1990MAGNESIUM SULFATE VS. ALUMINUM SULFATE DELISTING PETITIONMemo
 Description: A change in the hazardous waste treatment process may produce a new wastestream not covered by the delisting petition granted in the past. As a result, the delisting may be reevaluated using new health-based levels and other current delisting criteria.
 
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.
 
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).
 
02/22/1990D001 CHARACTERISTIC WASTES - LAND DISPOSAL RESTRICTIONSMemo
 Description: Waste cannot be disposed of unless treated to land disposal restrictions (LDR) treatment standards, disposed in no-migration unit, or subject to exemption or variance from treatment standards. D001 ignitable waste must be treated to treatment standard before disposal. There are special requirements for ignitable wastes placed in a surface impoundment, landfill, waste pile, and land treatment unit.
 
12/05/1989BATCH, DEFINITION OFMemo
 Description: Discusses the definition of batch for purposes of composite sampling and conditional testing requirements in a facility’s delisting petition
 
10/03/1989PETITION TO WITHDRAW K090 AND K091 LISTINGSMemo
 Description: K090 and K091 cover waste generated by air pollution control devices from ferrochromium or ferrochromium silicon production furnaces. K090 and K091 are listed for total chromium (Cr). As of 1989, there is no plan to remove listings since new data show trivalent Cr may be a carcinogen. EPA is considering removing the 261.4(b)(6) exclusion for wastes containing trivalent chromium. EPA will not remove listed waste from regulation based solely on whether or not waste exhibits toxicity characteristic. In making delisting decisions, EPA considers whether waste meets any of the criteria for which it was originally listed, as well as additional constituents and factors.
 
07/13/1989SATELLITE ACCUMULATIONMemo
 Description: Portable roll-off boxes meet the 260.10 definition of container and may be used for satellite accumulation as long as quantity limits, time limits, and other conditions of 262.34(c) are met. Any device meeting the definition of a container may be used for satellite accumulation.
 
06/19/1989ENVIRONMENTAL MEDIA CONTAMINATED WITH RCRA-LISTED HAZARDOUS WASTEMemo
 Description: Environmental media (groundwater, soil, sediment) contaminated with listed hazardous wastes are regulated via the contained-in policy, not the mixture or derived-from rules, since environmental media are not solid wastes. The Regions or states determine at what levels media no longer contains hazardous waste. Wastes that carry a listing due to the mixture or derived-from rules can be made nonhazardous only by delisting (SEE ALSO: 61 FR 18779; 4/29/96; 66 FR 27266; 5/16/01).
 
05/23/1989CONTAMINATED ENVIRONMENTAL MEDIA - SOIL AND GROUND WATERMemo
 Description: Addresses the EPA contained-in policy. Contaminated media should be managed as hazardous waste (HW) because it contains HW. Media itself is not HW. To consider media to be newly generated waste would encourage the purposeful contamination of media to avoid regulation. The process for waste deregulation is delisting.
 
05/12/1989PROCEDURE FOR APPLYING EP TOXICITY TEST TO BLAST SLAG AT SECONDARY LEAD SMELTERSMemo
 Description: Discussion of the proper procedure for testing blast slag at secondary lead smelter according to extraction procedure (EP) toxicity test (SUPERSEDED: See 261.24). Reconciliation of particle reduction step with structural integrity requirement.
 
05/05/1989PLACEMENT OF STABILIZED WASTES THAT DO NOT MEET LAND RESTRICTION REQUIREMENTSMemo
 Description: Waste must meet treatment standards before it is placed in a land disposal unit. A land disposal restrictions (LDR) equivalent method variance may be granted if the technology is equivalent or better than best demonstrated available technology (BDAT). A no-migration variance must be based on the period that the waste is hazardous. Bulk or non-containerized liquid hazardous waste must pass the paint filter liquids test prior to placement in a landfill.
 
04/26/1989RECYCLING OF ELECTROPLATING SLUDGES (F006) FOR CEMENT/AGGREGATE MANUFACTUREMemo
 Description: Discussion of sham recycling. Lists criteria to be used in deciding whether processing of secondary material is legitimate recycling or regulated hazardous waste treatment and sham recycling. Cement kiln dust (CKD) generated when F006 is used as ingredient is only exempt if CKD chemical makeup is not significantly affected by the use of hazardous waste (SUPERSEDED: see 266.112). F006 destined for use as ingredient in aggregate, cement, or other products to be placed on the land is regulated as a hazardous waste from the point of generation forward until 266.20(b) is satisfied. Smelting or recovering metals from F006 is not subject to regulation (SEE ALSO: Part 266, Subpart H). Smelter slag residue from F006 metal recovery is hazardous waste via derived-from rule (SEE ALSO: 261.3(c)(2)(ii), 266.20(c), and 59 FR 67256; 12/29/94).
 
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.
 
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).
 
11/02/1988PERMIT 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.
 
11/01/1988USED OIL COURT DECISIONQuestion & Answer
 Description: The U.S. Court of appeals agreed with petitioners’ argument that EPA acted contrary to the law when it based its used oil listing determination on the stigmatic effects of a hazardous waste listing. The court required EPA to make a listing decision on technical criteria (SUPERSEDED: See Part 279).
 
09/30/1988AEROSOL CANS, ON-SITE DEPRESSURIZATION OFMemo
 Description: The region is in the best position to determine if aerosol cans are hazardous waste. Generally, cans are hazardous if they contain a listed or characteristic CCP and are not empty per 261.7 and/or if the cans themselves exhibit a characteristic. The region determines if depressurizing aerosol cans meets the definition of treatment. Waste aerosol cans generated in military housing are exempt household hazardous waste (HHW).
 
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.
 
08/29/1988PENTACHLOROPHENOL AS A WOOD PRESERVATIVEMemo
 Description: EPA is considering a petition to change the designation of pentachlorophenol (PCP)-containing wastes F021 and F027 from acutely hazardous to toxic. The banning of chemicals is outside the purview of the Office of Solid Waste.
 
08/26/1988SECONDARY LEAD SMELTER VARIANCESMemo
 Description: Lead plates removed from lead-acid batteries at smelter and awaiting further reclamation in smelter are solid waste. Partially-reclaimed lead at a smelter is typically eligible for a variance from the solid waste definition. Discussion of common lead-acid battery cracking practices at lead smelting facilities (SEE ALSO: Part 273).
 
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.
 
08/11/1988EXTENSION OF APPLICABLE EFFECTIVE DATE OF THE LAND DISPOSAL RESTRICTIONSMemo
 Description: A petitioner requesting a land disposal restrictions (LDR) case-by-case extension must address on-site and off-site capacity, demonstrate a contractual commitment to provide alternate protective capacity, and describe in detail site-specific information on alternate capacity. EPA can request additional facility information.
 
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.
 
06/20/1988SURFACE IMPOUNDMENT SAMPLING PLAN FOR HOLLOMAN AIR FORCE BASEMemo
 Description: Provides guidance on a delisting petition sampling plan at a facility with large-volume surface impoundments, drainage ditches, and lakes.
 
05/31/1988SOXTEC EXTRACTION SYSTEM VS. SOXHLET EXTRACTION SYSTEM FOR PREPARATION OF PCB SAMPLESMemo
 Description: The petition of equivalency for the SOXTEC extraction system in place of the Soxhlet system for the preparation of samples for method 8080 for PCBs is granted.
 
04/21/1988DISTILLATION OR FRACTIONATION COLUMN BOTTOMS FROM THE PRODUCTION OF CHLOROBENZENEMemo
 Description: Persons may petition EPA to add new types of units to the industrial furnace definition. Distillation or fractionation column bottoms from the production of chlorobenzene (K085) are by-products. Discussion of by-product versus co-product. Bottoms that must be further processed before use are not co-products. EPA intends to designate all materials introduced into halogen acid furnaces (HAFs) as inherently waste-like. A chlorinated by-product reused as ingredient in chlorinated feedstocks and muriatic acid is not a solid waste (SW) if no burning, reclamation, disposal, or speculative accumulation is involved (SUPERSEDED: see 56 FR 7134; 2/21/91). A generator must be able to provide supporting documentation for exempt wastes. If a material is a SW depends on the disposition, or intended disposition, of the material. Discussion of the regulatory status of a gas-fired thermal oxidizer. Discussion of the status of an oxidation reactor burning chlorinated benzene process streams in titanium dioxide production depends on if material is burned for energy recovery or as ingredient in industrial product (SUPERSEDED: see Part 266, Subpart H). Burning waste in an incinerator is destruction subject to incinerator standards.
 
04/06/1988RECYCLING NICKEL, COPPER AND CHROMIUM-CONTAINING ELECTROPLATING SLUDGESMemo
 Description: Smelting wastewater treatment sludge to recover metal is reclamation. Partially reclaimed listed sludge is a solid waste (SW), unless granted a variance. Sis ludge to be smelted not eligible for the reuse exemption. A listed sludge to be smelted is a hazardous waste. A characteristic sludge to be smelted is not a SW.
 
02/25/1988ATON BATTERIES, GENERATOR DEFINITION FORMemo
 Description: A generator site may include each vessel where waste is generated. If a buoy is brought onto a ship to remove an ATON battery, the ship is the generation site rather than the buoy. A ship accumulates spent batteries per 262.34. A shore facility accepting spent batteries may qualify as a transfer facility (SEE ALSO: Federal Facility Compliance Act (FFCA) section 3022 and Part 273).
 
02/22/1988WASTES CONTAINING F001-F005 CONSTITUENTSMemo
 Description: A mixture with hazardous waste (HW) that is listed solely for a characteristic is not HW if the mixture is not characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). A mixture of F001, D001 carries all applicable codes. A listed solvent constituent in a wastestream does not automatically render a waste HW. It is HW only if it meets the F001-F005 descriptions. If it is HW, it is subject to the land disposal restrictions (LDR). If a transporter mixes wastes of different DOT shipping descriptions, the transporter becomes the generator of new waste.
 
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.
 
01/21/1988DRAINAGE WATER BENEATH LAND TREATMENT UNITS - NO MIGRATION PETITIONSMemo
 Description: “No migration” must be demonstrated for all media, surface water and air. Ditches or pipes used to conduct leachate or runoff from the unit must be addressed in the land disposal restrictions (LDR) petition. Information from a RCRA facility investigation (RFI) is not sufficient. Groundwater contaminated with hazardous waste leachate must be managed as hazardous waste (SEE ALSO: RPC# 11/13/86-02).
 
01/02/1988DRAINAGE WATER BENEATH LAND TREATMENT UNITS AT OIL REFINERIESMemo
 Description: Groundwater containing hazardous leachate from a land treatment unit is hazardous. Liners, ditches, and pipes are extensions of the land treatment unit for a no migration petition. A Part B demonstration does not replace a no migration petition. A RCRA facility investigation (RFI) does not replace an evaluation of air emissions in a no migration petition.
 
12/11/1987K035 LISTING AND DELISTING ISSUES:GROUNDWATER CONTAMINATIONMemo
 Description: K035 includes sludges generated from the biological treatment of creosote production wastewaters. Waste cannot be delisted unless it is sufficiently characterized to demonstrate that it is nonhazardous, including showing that the waste is not characteristic and is not hazardous for other reasons.
 
12/11/1987K035 LISTING AND INCLUSION OF SLUDGES FROM BIOLOGICAL TREATMENT OF CREOSOTE PRODUCTION WASTEWATERSMemo
 Description: K035 includes sludges generated from the biological treatment of creosote production wastewaters. Waste cannot be delisted unless it is sufficiently characterized to demonstrate that it is nonhazardous, including showing that the waste is not characteristic and is not hazardous for other reasons.
 
11/30/1987DETONATING EXPLOSIVE WASTESMemo
 Description: The detonation of seized explosives for disposal rather than for use constitutes discarding, so explosives must be managed as solid wastes (SW). If the explosives are characteristic for reactivity (D003), Subtitle C regulations apply to these Bureau of Alcohol, Tobacco, and Firearms (BATF) activities. Seized explosives must be managed as SW and potentially hazardous waste from the moment the decision is made to destroy the explosives. The detonation of reactive waste is thermal treatment.
 
10/28/1987DELISTING PETITION INFORMATION REQUIREMENTS FOR RESIDUES FROM INCINERATION OF 2,4,5-T AND SILVEX PESTICIDESMemo
 Description: Outlines the requirements of a delisting petition for residues from the incineration of 2,4,5-T and silvex pesticides.
 
10/26/1987SURFACE IMPOUNDMENT DELISTING PETITIONS, USE OF VHS MODELMemo
 Description: The vertical horizontal spread (VHS) model is used to evaluate wastes in landfills and surface impoundments for purposes of delisting petitions. The organic leachate model (OLM) is also used.
 
10/20/1987RCRA TESTING TECHNIQUESMemo
 Description: Addresses the gas chromatograph/mass spectrometer suitability testing of RCRA Appendix VIII and Michigan List Analytes. Includes notes on laboratory safety and noxious fumes from nitric acid digestion. Discusses the standardization of method 8610, microwave oven safety, the 1988 Solid Waste Testing and Quality Assurance Symposium, the TCLP video, and the application of the structural integrity procedure when performing extraction procedure analyses.
 
10/15/1987CALIFORNIA LIST LAND DISPOSAL RESTRICTIONS, EPA'S IMPLEMENTATION OFMemo
 Description: Wastes covered by a national capacity variance or a case-by-case extension must be placed in a unit that is in compliance with the minimum technical requirements (MTR). Discusses the criteria for no-migration petitions. Includes a historic discussion of the development of the California list and the land disposal restrictions (LDR) treatment standards (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
10/05/1987SURFACE IMPOUNDMENTS HOLDING ONLY K-WASTES GENERATED UNDER A TEMPORARY EXCLUSIONMemo
 Description: Waste disposed in a surface impoundment during a temporary delisting exclusion is not subject to Subtitle C after the final denial decision unless it is actively managed (removed, excavated, shipped, mixed, or treated). The units are solid waste management units (SWMUs) for purposes of corrective action.
 
10/02/1987DELISTING POLICY ALLOWS EXCLUSION OF SEPARATE WASTE TREATMENT UNITS AT MULTI-UNIT FACILITIESMemo
 Description: Delistings allow the exclusion of separate waste treatment units at a multi-unit facility. Discusses the Oily Waste Extraction Procedure (OWEP) for oil and grease exceeding 1% (SEE ALSO: 261.24). Addresses the 6 month deadline for the submission of information before a petition dismissal. A withdrawal prevents a denial notice in the Federal Register.
 
09/28/1987DELISTING PETITIONS FOR K-WASTES MANAGED IN ON-SITE LAND-BASED UNITS-MONITORING REQUIREMENTSMemo
 Description: Delisting petitioners with on-site land-based management of waste must submit groundwater monitoring data. Discusses the use of the vertical horizontal spread (VHS) and organic leachate (OLM) models. EPA allows petition withdrawal to prevent the publication of a denial in the Federal Register.
 
09/16/1987SW-846 METHODS MANUALMemo
 Description: The use of SW-846 methods is generally not required except for quality assurance/quality control procedures and determining if the waste is characteristic. Discusses sampling, analysis for delisting petitions, incinerator trial burns, and determining if bulk or containerized waste contains free liquids prior to disposal in a landfill.
 
09/03/1987DELISTING REGULATORY STANDARDS FOR FREONMemo
 Description: Discusses the use of the organic leaching model (OLM) and vertical and horizontal spread (VHS) model used to assess the hazard posed by the disposal of freon (trichloro thifluoroethane) in a landfill for the purposes of delisting.
 
08/28/1987TOTALLY ENCLOSED TREATMENT EXEMPTION AND ACCUMULATION PROVISIONS APPLICABILITY TO AN ASH TREATMENT FACILITYMemo
 Description: A unit treating ash from an incinerator is not a totally enclosed treatment unit (TETU) since the incinerator is not an industrial process, the ash unit is not connected to an industrial process, and the incinerator releases constituents into the air. Treatment in a generator accumulation unit is exempt from permitting (SEE ALSO: RPC# 12/15/87-03).
 
08/19/1987K006 WASTES AND ON-SITE DISPOSAL UNIT CONTAINING THESE WASTESMemo
 Description: The Texas Water Commission should determine the future status of the disposal unit containing K006 waste that was originally granted a temporary exclusion and later denied a final exclusion.
 
08/19/1987K006 WASTES AND ON-SITE DISPOSAL UNIT CONTAINING THESE WASTESMemo
 Description: The Texas Water Commission should determine the future status of the disposal unit containing K006 waste that was originally granted a temporary exclusion and later denied a final exclusion.
 
08/17/1987MIXTURE OF F003 AND A SOLID WASTE AND DELISTING REQUIREMENTSMemo
 Description: Still bottoms from methanol recovery are F003, and are regulated hazardous wastes at the source of generation. If still bottoms are mixed with a solid waste and the mixture does not exhibit a characteristic (SEE ALSO: 66 FR 27266; 5/16/01), it is not a hazardous waste via the 261.3(a)(2)(iii) exemption from the mixture rule for wastes listed solely for exhibiting a characteristic (SEE ALSO: 268.3).
 
08/11/1987METHODS 1310 AND 1330: EXTRACTION PROCEDURE AND EXTRACTION PROCEDURE FOR OILY WASTEMemo
 Description: Method 1310 extraction procedure (EP) is the only method to be used for determining the applicability of the toxicity characteristic, even for oily waste (SUPERSEDED: See 261.24). Method 1330 (EP for oily waste) may be used for delisting.
 
08/07/1987DELISTING PETITIONS AND INADEQUATE GROUNDWATER MONITORINGMemo
 Description: Groundwater samples should not be filtered at the time of collection, but should be split when filtering is used with filtered and unfiltered analyses submitted for evaluation. Discusses the placement of monitoring wells and the rationale for the denial of a specific delisting petition.
 
07/31/1987DELISTING ACTION - STATUS OF HOLLOMAN AIR FORCE BASEMemo
 Description: Addresses delisting petition requirements for sampling, analysis, and groundwater data.
 
07/31/1987REGULATORY STATUS OF FACILITIES PREVIOUSLY GRANTED TEMPORARY EXCLUSIONSMemo
 Description: Discusses the current regulatory status of facilities that had temporary and informal exclusions for delisting petitions subsequent to 11/8/86 and the deadline for final action. Petitioned wastes generated before the temporary exclusion is granted are hazardous, and units handling them are subject to Subtitle C. Wastes generated under a temporary exclusion for which final exclusion was denied are hazardous but are not subject to Subtitle C unless they are disturbed and actively managed.
 
07/28/1987DELISTING PETITIONS, PROCEDURES FOR PROCESSINGMemo
 Description: Delisting petitions may not remain inactive or on hold. A petition may be withdrawn and later resubmitted. A notice of decision to deny a petition will be released in the Federal Register unless the petition is withdrawn.
 
07/20/1987ENFORCEMENT OF APPLICABLE RCRA REGULATIONS AT FACILITIES WITH PENDING DELISTING PETITIONSMemo
 Description: Until delisting petitions are finalized, the hazardous wastes are still subject to full regulation and enforcement. Facilities with temporary or informal exclusions were exempt from regulation until 11/8/86.
 
07/20/1987ENFORCEMENT OF APPLICABLE RCRA REGULATIONS AT FACILITIES WITH PENDING DELISTING REGULATIONSMemo
 Description: Until delisting petitions are finalized, the hazardous wastes are still subject to full regulation and enforcement. Waste from facilities with temporary or informal exclusions was exempt from regulation until 11/8/86.
 
06/26/1987GENERATOR REQUEST FOR EXEMPTION FROM OR EXTENSION OF LAND DISPOSAL RESTRICTIONSMemo
 Description: Land disposal includes land treatment. Restricted waste may not be land treated unless it meets the treatment standard or has been granted a no-migration variance.
 
06/08/1987F006 WASTES, VHS AND GROUNDWATER MONITORING DATA TO EVALUATE A DELISTING PETITION FORMemo
 Description: The vertical and horizontal spread (VHS) model is used in delistings. A delisting for wastes managed in on-site waste management units must have a groundwater monitoring system in place and 4 quarters of data. Oily Waste Extraction Procedure (OWEP) is used for wastes with 1% oil and grease (SEE ALSO: 261.24).
 
05/01/1987EVAPORATOR USED TO REMOVE WATER FROM HAZARDOUS WASTEMemo
 Description: Evaporation meets the definition of treatment. Since an evaporator could release solid or hazardous constituents or water vapor into the air, the unit is not a totally enclosed treatment unit (TETU). An evaporator meets the definition of a thermal treatment unit, and if it meets the definition of a tank, generator treatment in the accumulation unit is exempt from permitting (SUPERSEDED, no thermal treatment in generator units: see RPC# 10/17/94-01).
 
04/30/1987TEMPORARY EXCLUSION APPLIED TO ONLY ONE FACILITY (MONROE AUTO)Memo
 Description: Temporary exclusions (a form of delisting petition) are granted for specific wastes. Sampling data must be submitted for waste that is contained in each on-site unit if the waste is managed on site. EPA normally gives six months for a facility to come into compliance after revoking a temporary exclusion.
 
04/24/1987GROUNDWATER CONTAMINATION AS A BASIS TO DENY A DELISTING PETITIONMemo
 Description: Groundwater contamination may be used as basis to deny a delisting petition. A petitioner must demonstrate that the petitioned waste is not a source of contamination.
 
04/13/1987COMBINATION OF SLUDGES FROM ALL IMPOUNDMENTS TO DETERMINE WASTE VOLUME FOR VHS ANALYSISMemo
 Description: Delistings do not account for future waste management. If management restrictions must be placed on the waste, it should not be delisted. EPA must consider additional factors, other than those for which waste was originally listed. Groundwater monitoring data has limited use in a petition.
 
04/02/1987K103/K104 WASTE STREAMS - RELATIONSHIP OF CWA BAT, LAND DISPOSAL RESTRICTIONS, BDAT, AND DELISTING CRITERIAMemo
 Description: Best available technology (BAT) effluent limitations under CWA or best demonstrated available technology (BDAT) under RCRA is not the basis for delisting determinations. Delistings are based on constituents in waste regardless of the origin, and are not based on future waste management or site-specific details.
 
03/19/1987DENIAL OF DELISTING PETITION BASED ON EXISTING GROUNDWATER CONTAMINATIONMemo
 Description: In delistings, EPA uses a vertical and horizontal spread (VHS) groundwater transport model and an organic leachate model (OLM). EPA considers all toxicants and factors that may cause waste to be hazardous, but does not consider site-specific factors.
 
02/25/1987DELISTING, INTERIM STATUS, AND SAMPLING ISSUES AT U.S. NAMEPLATE COMPANYMemo
 Description: Addresses the status of a delisting petition submitted by the U.S. Nameplate Company of Mt. Vernon, Iowa.
 
02/03/1987LAND DISPOSAL RESTRICTIONS ON THE METAL FINISHING INDUSTRYMemo
 Description: Certain hazardous wastes are prohibited unless the wastes meet the land disposal restrictions (LDR) treatment standards set by EPA, or if a facility is granted a no-migration petition, national capacity variance, or case-by-case extension.
 
02/01/1987APPEALING A PETITION DENIALQuestion & Answer
 Description: A generator can appeal a delisting petition denial to EPA or in the U.S. Court of Appeals for the District of Columbia Circuit (7006(a)(1)).
 
01/20/1987VOLUNTARY TREATMENT PRIOR TO LAND DISPOSALMemo
 Description: If residue from a waste treated voluntarily during a national capacity variance does not meet specifications of the waste subject to the national capacity variance, the residues must meet their treatment standard or the generator can submit a no-migration petition or apply for a treatability variance.
 
01/13/1987LAND DISPOSAL RESTRICTIONS FOR SOLVENTS AND DIOXINS, EXEMPTIONS TOMemo
 Description: The land disposal restrictions (LDR) treatment standards for solvents are set at concentration levels, and incineration is not mandatory. Facilities may not have to meet the standards if they are subject to a national capacity variance for wastes with less than 1% F001-F005 solvents, are SQGs, or are granted a no-migration variance.
 
01/07/1987BOILER VARIANCE FOR A WASTE HEAT RECOVERY BOILER NOT OF INTEGRAL DESIGN, DENIAL OFMemo
 Description: The definition of boiler and the boiler variance do not apply to combustors that are not of integral design.
 
12/30/1986SAMPLING PLAN FOR DELISTING PETITION ADDRESSING HSWA REQUIREMENTS FOR ANALYZING FOR APPENDIX VIII COMPOUNDSMemo
 Description: Addresses sampling parameters in delisting petitions. If the amount of oil and grease in sludge exceeds one percent, the Oily Waste Extraction Procedure (OWEP) should be used. OWEP uses a dual solvent extraction instead of a dilute acetic acid solution which is used in the extraction procedure (EP) (SEE ALSO: 261.24).
 
12/29/1986ELECTRIC ARC FURNACE DUST AFTER ENCAPSULATION TREATMENT PROCESSMemo
 Description: Bodner Metal and Iron’s electric arc furnace dust is K061 until it is delisted. Any waste for which delisting is sought must be evaluated for the originally listed constituents of concern and any Appendix VIII constituents reasonably expected to be present, as well as hazardous waste characteristics.
 
12/18/1986SAMPLING REQUIREMENTS FOR ESTIMATING VARIABILITY OF WASTES FOR DELISTING PETITIONSMemo
 Description: Predictions of waste consistency cannot be made on the basis of a single composite sample. Delisting requirements require a minimum of four samples. The delisting evaluation must include an appraisal of the uniformity or variability of the waste.
 
12/13/1986SAMPLING PLAN FOR DELISTING PETITION FOR WASTES IN LANDFILL TRENCHESMemo
 Description: Discusses waste sampling requirements for complete delisting petitions. If a sampling is not finalized by 11/8/86, the temporary exclusion will become void.
 
12/11/1986DELISTING ISSUES RELATING TO EPA'S MOBILE INCINERATORMemo
 Description: Addresses possible revisions to a delisting decision and whether such revisions would open the petition to public notice and comment. Residues from treatment of delisted wastes are themselves delisted.
 
12/09/1986DETECTION LIMIT REQUIREMENTS AND INFORMATION ON APPENDIX VIII COMPOUNDS FOR A DELISTING PETITIONMemo
 Description: Detection limits expressed in units by weight are too rough to allow precise evaluation. Finer detection limits (i.e., parts per million) are required for delisting petitions.
 
12/02/1986SOLVENT RECLAMATION OPERATIONS AT SEMICONDUCTOR FIRMS AND APPLICABLE REGULATIONSMemo
 Description: Spent solvent reclamation at a generator facility is exempt treatment. The spent solvent is subject to regulation prior to reclamation. Generators managing spent solvents under 262.34 prior to reclamation are not subject to permitting.
 
12/01/1986LAND DISPOSAL RESTRICTIONS - TREATED WASTESQuestion & Answer
 Description: Listed hazardous wastes treated to meet the land disposal restrictions (LDR) treatment standards may be land disposed. Treated listed wastes remain hazardous until or unless they have been delisted. Treated characteristic wastes that no longer exhibit a characteristic are not hazardous wastes.
 
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.
 
11/12/1986BURNING USED OIL AND THE LEAD SPECIFICATIONMemo
 Description: A decision to set used oil (UO) lead specification at 100 ppm is not affected by the lack of consideration of lead banking. The only effect of lead banking is to modestly increase estimates of the amount of off-specification used oil. EPA must propose action on a petition for rulemaking before taking final action. EPA prohibits nonindustrial boilers from burning off-specification used oil (SEE ALSO: 279).
 
10/31/1986RCRA 3001(F)(2)(B) AND STATES' EXCLUSION OF WASTES FROM REGULATION AS HAZARDOUSMemo
 Description: A state is not required to have a delisting mechanism to get authorized. Temporary exclusions under section 260.22(m) became obsolete on 11/8/86. Enforcement discretion, or informal exclusions, do not remove waste from regulation. Delistings go through a formal rulemaking process.
 
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.
 
10/01/1986DELISTING BY STATESQuestion & Answer
 Description: State requirements that are broader in scope than the federal RCRA requirements are not part of the federally approved program. EPA cannot grant delistings to state-listed waste. A state grants exclusions for waste that are not federally regulated.
 
09/30/1986SLUDGE WASTE HANDLING IF TEMP. EXCLUSION IS WITHDRAWN / FUTURE METALS RECOVERY-STEEL FACILITYMemo
 Description: Waste subject to the temporary exclusion is not subject to the manifest requirements until the exclusion is lost. Once the exclusion is lost, the waste must be handled as hazardous.
 
09/08/1986REGULATORY OBLIGATIONS OF PRINTERS WHO USE RECYCLABLE RAGS AND WIPERSMemo
 Description: Generator status is determined by the total of the hazardous waste generated in a calendar month. Waste identification for solvent-contaminated rags and shop towels is under review for petition (SEE ALO: RPC# 2/14/94-01). SQG solvent rags from the printing industry may be managed under a tolling agreement. A printer shipping hazardous rags to an industrial laundry may qualify for the manifest exemption under 262.20(e) if the printer is a SQG and all conditions of the exemption are met.
 
09/01/1986HAZARDOUS WASTES LISTED SOLELY FOR SUBPART C CHARACTERISTICSQuestion & Answer
 Description: A nonhazardous waste mixed with a waste listed solely for a characteristic is not regulated if the mixture no longer exhibits the characteristic. Such a mixture need not be delisted. A waste listed solely for a characteristic that does not exhibit the characteristic as generated is subject to delisting (SEE ALSO: 66 FR 27266; 5/16/01).
 
08/28/1986SOLVENT-LADEN CLEANING RAGS UNDER RCRAMemo
 Description: EPA is considering a petition to exempt solvent-contaminated shop towels and disposable industrial wipers from the definition of hazardous waste under the mixture rule (SUPERSEDED: see RPC# 2/14/94-01). Evaporation in a generator accumulation container is not exempt as a condition of the exemption is that containers remain closed except to add or remove waste (SEE ALSO: Part 264/Part 265, Subpart CC).
 
05/27/1986TEMPORARY AND INFORMAL DELISTINGS AND HSWA EFFECTS ON BOTHMemo
 Description: An overview of the definition and comparison of temporary and informal exclusions in delisting petitions. A discussion of the Hazardous and Solid Waste Amendments of 1984 (HSWA) final decision requirements for temporary exclusions. An informal exclusion is not subject to public comment.
 
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.
 
04/16/1986RCRA 3001(F)(2)(B) AND STATES' EXCLUSION OF WASTES FROM REGULATION AS HAZARDOUSMemo
 Description: An overview of the impact of HSWA on delisting petitions. A discussion of the definition of temporary and final exclusions. Temporary exclusions granted before 11/8/84 must be re-evaluated by EPA or an authorized State by 11/8/86.
 
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.
 
04/02/1986CARBON REGENERATION FACILITIESMemo
 Description: Spent carbon is normally a spent material unless it is from pollution control, then it is a sludge. It is regulated if it contains a listed or characteristic hazardous waste (HW) (SEE ALSO: 66 FR 27266; 5/16/01). If it contains a characteristic sludge or by-product, it is not a solid waste (SW) when reclaimed. Storage before regeneration is regulated. The regeneration operation (including afterburner) is exempt from regulation (SUPERSEDED: see Part 266, Subpart H, 56 FR 7200; 2/21/91, and 261.6(d)).
 
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.
 
03/24/1986STATE PESTICIDE PERSONNEL - DEREGULATING DECONTAMINATED WATERMemo
 Description: A single standard for chromium (total) is used in delisting petitions. The maximum concentration limit (MCL) is used in considering the potential for groundwater contamination. Ambient Water Quality Criteria is only used in the absence of a MCL or other standard.
 
03/20/1986DETERMINATION OF THE PRESENCE OF WASTEWATER TREATMENT SLUDGES AND/OR THE PRESENCE OF WASTEWATERMemo
 Description: Wastewater management generates a wastewater treatment sludge. To prove wastewater management has created a sludge, one need only show that the the unit or soil after contact with wastewater is physically or chemically different from the virgin unit or soil. Even when fully treated, industrial wastewater remains a wastewater for listings. Management of electroplating or wood preserving wastewater at any point in the wastewater treatment train creates an F006 or K001 sludge, regardless of the actual sludge contaminants or concentrations. Discussion of the delisting option.
 
03/18/1986DELISTING PETITION-STEEL FACILITY, REQUIREMENTS FOR CLOSURE PLANMemo
 Description: A discussion of the information and testing requirements for delisting petitions. An increase in conductivity in groundwater is not a sufficient reason to deny a petition.
 
03/12/1986DETECTION LIMIT FOR EP-LEACHATE CONCENTRATION OF SELENIUMMemo
 Description: The detection limit for the extraction procedure (EP) leachate concentration of selenium is in petition.
 
03/10/1986STATUS OF FACILITY WHERE A TEMPORARY DELISTING EXCLUSION WAS NEVER GRANTEDMemo
 Description: A discussion of the notification to a facility that a temporary exclusion is no longer effective. Discusses the impact of HSWA on delisting petitions.
 
03/03/1986PROCESS WASTE DELISTED BY THE STATE DESIGNATES THE WASTE NON-HAZARDOUS WITHIN THE STATEMemo
 Description: Federally listed hazardous waste delisted by an interim authorized state is not hazardous within the state as long as it does not enter interstate commerce. The state delisted hazardous waste cannot be transported by an interstate carrier until it is federally delisted.
 
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.
 
02/24/1986TEMPORARILY AND INFORMALLY DELISTED WASTES, REGULATORY STATUSMemo
 Description: Temporary delistings expire 11/8/86. Informal delistings involve a letter telling petitioner of intent to grant delisting, but never publishing a Federal Register notice. Informal delistings are not legally effective. Units handling informally delisted wastes are subject to full regulation.
 
02/14/1986EVALUATION OF DELISTING PETITIONS-INFORMATION REQUIREDMemo
 Description: A discussion of the basic information requirements for delisting petitions. A need for four representative samples (usually composites) taken to encompass the normal variations in a process system.
 
01/07/1986EXCLUSION FROM REGULATION FOR CHARACTERISTIC AND LISTED WASTES - LEACHATE LEVELS; DELISTING CRITERIA/LEACHATE LEVELSMemo
 Description: There is delisting criteria for variable constituent levels depending on waste volume. For delisting, EPA considers the original listing constituents and other factors. A mixture of solid waste (SW) and hazardous waste (HW) listed solely for a characteristic is not HW if not characteristic under the 261.3(a)(2)(iii) mixture rule exemption for wastes listed solely for exhibiting a characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). The leachate test used depends on the nature of the waste. Discussion of the use of extraction procedure (EP) for Oily Waste (SUPERSEDED: See 261.24).
 
01/06/1986REGULATORY STATUS OF TEMPORARILY AND INFORMALLY DELISTED WASTESMemo
 Description: Temporary delistings expire 11/8/86. Informal delistings involve EPA telling the petitioner of their intent to grant a delisting via a letter, but never includes publishing a Federal Register notice (SUPERSEDED: see RPC# 6/17/87-01).
 
01/03/1986BOILERS AND INCINERATORS, DISTINCTION BETWEEN/INTEGRAL DESIGN STANDARDMemo
 Description: The boiler definition applies to units where the combustion chamber and the heat recovery unit are of integral design. The boiler variance procedures classify units as incinerators. The burning of hazardous waste fuel in a nonindustrial boiler is prohibited (SUPERSEDED: see 56 FR 7134; 2/21/91).
 
12/30/1985INTEGRAL DESIGN STANDARD IN BOILER DEFINITION (LUBRIZOL)Memo
 Description: A rotary bed furnace with secondary combustion and an attached waste heat boiler does not meet the integral design standard of boiler definition nor the fluidized bed or process heater exemption. The unit is an incinerator. The boiler variance is not appropriate for furnaces ducted to heat recovery boilers.
 
11/27/1985DELISTING PETITION, USE OF VHS MODELMemo
 Description: Discusses the use of a vertical and horizontal spread (VHS) model in delisting petitions. The use of site specific factors in evaluations or imposition of site-specific management conditions is not appropriate. The groundwater data at a facility is not part of delisting evaluation.
 
11/20/1985HEAT RECOVERY UNIT AS A BOILER OR AN INCINERATORMemo
 Description: The definition of a boiler requires that the energy recovery system be of an integral design to the combustion chamber, not merely joined by ducts or connections. Add-on devices are not boilers. Add-on devices may be an incinerator. The variance to classify apply to devices that are not considered by the boiler definition
 
11/14/1985SPENT SULFURIC ACID PICKLE LIQUOR USED TO PRODUCE FERTILIZERMemo
 Description: Waste pickle liquor from steel finishing (K062) is a spent material. K062 used as an ingredient in a fertilizer is use constituting disposal, and is a solid waste and hazardous waste. Fertilizer product is derived from K062 and regulated under Part 266, Subpart C. If produced for the general public use, the product is exempt (SUPERSEDED: see 266.20(b)). K062 is not eligible for a delisting if it is characteristic. Petitioners have the option of withdrawing a petition rather than having EPA publish a denial in the Federal Register.
 
10/29/1985RECLAMATION OF SPENT ALKALINE ETCHANT-REQUEST FOR VARIANCE UNDER MOD. CLOSED-LOOP PROVISIONMemo
 Description: Reclaimed spent alkaline etchant used as a feedstock in the manufacture of new etchant not eligible for a variance from the solid waste (SW) definition. After reclamation, an etchant destined for use as raw material to produce new etchant is no longer a SW and is not subject to regulation. Discussion of closed-loop recycling.
 
10/23/1985GENERATOR LIABILITY FOR DELISTED WASTE RELEASESMemo
 Description: Delisted waste is not subject to Subtitle C regulation, but the generator retains any CERCLA liability. Revocation of a delisting decision will not affect the status of previously delisted and disposed waste.
 
10/07/1985MIXTURE OF CHARACTERISTIC WASTE AND LISTED WASTE, ASH FROM INCINERATIONMemo
 Description: A delisting decision considers all constituents in the original listing and other factors and constituents not in the original listing. A delisting applies to all listed wastes, including those listed for a characteristic. A mixture of solid waste and waste listed for characteristic is not hazardous waste if the mixture is not characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01)).
 
10/03/1985PICKLE LIQUOR AND SCOPE OF K062 LISTINGMemo
 Description: Spent pickle liquor from any source, including hot dip galvanizing, is K062 (SUPERSEDED: SEE 51 FR 19320; 5/28/86). Hot dip galvanizing is excluded from the electroplating definition. The time for processing a delisting petition is directly dependent upon EPA receiving a complete application.
 
09/26/1985CHLORINATED DIOXIN WASTES (F023)Memo
 Description: Mixing and formulating tank wastes generated in tanks that were used in the past to manufacture chemicals derived from 2, 4, 5-trichlorophenol meet the F023 listing. If the company replaces mixing tanks, any subsequent waste generated would not be F023, or, the company could submit a delisting petition showing dioxins and furans are below levels of concern.
 
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).
 
09/01/1985EP TOXICITY FOR OILY WASTESQuestion & Answer
 Description: Method 1330 “Oily Waste Extraction Procedure” should only be used when requested by EPA for delisting purposes. Method 1330 cannot be used in waste identification as a substitute for the extraction procedure (EP) (SUPERSEDED: See 261.24) when analyzing oily wastes.
 
09/01/1985NON-HAZARDOUS LIQUIDS BANQuestion & Answer
 Description: The ban on nonhazardous liquids in landfills applies to any waste that is liquid or contains free liquids as determined by the paint filter liquids test (Method 9095). Nonhazardous liquid solidified with absorbents can be land disposed if no free liquids (SUPERSEDED: See 264.314, 265.314).
 
09/01/1985SOLID WASTE VARIANCEQuestion & Answer
 Description: The solid waste variance in 260.30(b) applies only if the waste is reclaimed in the primary production process that produced the waste.
 
08/01/1985“SKINNER LIST”Question & Answer
 Description: An explanation of the “Skinner List” (SUPERSEDED: See RPC# 11/1/94-02).
 
07/17/1985SURFACE IMPOUNDMENTS/LAND TREATMENT UNITS REGULATION IF ASSOCIATED WWT SLUDGES ARE LISTEDMemo
 Description: Since any pollution abatement technique such as land treatment, disposal, or storage of a wastewater will invariably form a sludge, F-listed, K-listed, and characteristic sludges can be formed in situations where wastewaters are stored or disposed (i.e., not specifically treated). Discussion of the point of generation.
 
07/15/1985SUMMARY OF INFORMATION REQUIRED FOR DELISTING PETITIONMemo
 Description: Sampling frequencies and general information (raw materials, production process, constituent analyses, volumes etc.) are required to characterize new waste stream for delisting petition.
 
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.
 
06/30/1985RCRA METHODS AND QA ACTIVITIES (NOTES)Memo
 Description: A discussion of metal determination in groundwater (total recoverable, dissolved metals). Organic determinations are made only on groundwater samples that have not been filtered. An overview of dioxin method 8280. Discusses the performance audits on gas samplers (organic cylinder gases). An overview of Method 3540 validation. Discusses the reactivity test methods.
 
05/16/1985HSWA EFFECT ON STATE DELISTING DECISIONSMemo
 Description: Temporary exclusions granted prior to 11/8/84 (Hazardous and Solid Waste Amendments or HSWA) must be reevaluated by 11/8/86. A discussion of the effect of HSWA on state delisting decisions.
 
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).
 
04/29/1985PURPOSE OF DELISING PROVISIONSMemo
 Description: Most wastes are listed because of toxic constituents. The presence of constituents for which a waste is listed is not the sole criterion for delisting. Hazardous waste (HW) mixed with nonhazardous waste is hazardous. Dilution of HW with nonhazardous diluent generally is not a reasonable treatment option (SEE ALSO: 268.3).
 
04/23/1985RCRA METHODS AND QA ACTIVITIES (NOTES)Memo
 Description: Delisting public meetings were held. SW-846 was updated. A discussion of the development of new methods, reevaluation of existing methods: 9022, 450.1, 8030, 8090, 8280. An overview of using gas chromatography/Fourier transform infrared protocol for semivolatile organics. Discusses the methods for compounds that do not use gas chromatograph. EPA is developing a sorbent pressure test method to determine if sorbents will release liquids under simulated landfill pressure.
 
04/01/1985LAND DISPOSAL BANQuestion & Answer
 Description: EPA is developing procedures for no migration petitions.
 
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.
 
02/01/1985TIMING OF PETITIONS/TEMPORARY EXCLUSIONSQuestion & Answer
 Description: HSWA modified the delisting procedures (3001(f)), providing deadlines for EPA to publish proposed and final decisions in the Federal Register. All temporary exclusions are to expire two years after the date of enactment of HSWA, unless EPA acts on a petition.
 
12/20/1984RCRA METHODS AND QUALITY ASSURANCE ACTIVITIES (NOTES)Memo
 Description: The RCRA Laboratory Evaluation Program is outlined. The rationale for the proposal of standard methods for testing groundwater at hazardous waste facilities is discussed (49 FR 38786; 10/1/84). The analytical report on Method 3030 - acid digestion of oils, greases, and waxes as well as the Waste Analysis Plans Guidance Manual, including “boundary conditions” and “tolerance limits,” are discussed. The U.S. Gap Test and U.S. Internal Ignition Test are under evaluation to determine if a solid waste is explosive.
 
12/18/1984DELISTING TESTING REQUIREMENTS, CYANIDE AND OTHER WASTES, STEEL INDUSTRYMemo
 Description: The EP (extraction procedure) toxicity test is not applicable to wastes with greater than 1 percent oil and grease. Delisting petitions must test photodegradable cyanide when total (complexed) cyanide exceeds 10 ppm (SEE ALSO: current 261.24).
 
12/11/1984ELECTROPLATING SLUDGE, EXCLUSION PETITIONMemo
 Description: For delistings of an electroplating sludge, total, free (amenable to chlorination), leachable, and photodegradable cyanides must be analyzed. Total and free cyanides are analyzed using Method 9010. Leachable cyanides are analyzed using the extraction procedure (EP) toxicity test (SUPERSEDED: See 261.24). Photodegradable cyanides are analyzed using Method 9011.
 
12/01/1984COGENERATION INTERPRETATIONQuestion & Answer
 Description: A contractor who comes on site with a mobile recycling unit and the owner of the facility are cogenerators. The 90-day accumulation period applies when a contractor leaves waste behind at a facility.
 
11/13/1984F006 DELISTING PETITION INFORMATION REPORTMemo
 Description: Discussion of examples of data necessary for EPA to consider a F006 delisting petition. Required data include a description of raw material used, manufacturing process, disposal methods, personnel qualifications, sampling, and constituent analyses.
 
10/25/1984SPENT PICKLE LIQUOR SLUDGE, LIME-STABILIZED, IN IRON AND STEEL AND PORCELAIN ENAMELING INDUSTRIESMemo
 Description: The K062 listing applies to spent pickle liquor from all steel finishing industries, regardless of industry category (SUPERSEDED: see 261.32, and 51 FR 19320; 5/28/86). Promulgation of the exclusion from the derived-from rule for lime-stabilized waste pickle liquor sludge renders certain delisting petitions moot. Since the derived-from exclusion for lime-stabilized pickle liquor sludge applies only to the sludge, the supernatant retains the K062 listing.
 
10/23/1984SPENT PICKLE LIQUOR GENERATED FROM PORCELAIN ENAMEL INDUSTRY, DELISTING OFMemo
 Description: Spent pickle liquor and sludge generated from treatment are K062. A delisting petition is necessary to change the status of such hazardous waste and the status of electroplating F006-F009 wastes at the same facilities.
 
09/01/1984CRITERIA FOR EVALUATING DELISTING PETITIONSQuestion & Answer
 Description: The criteria for evaluating delisting petitions are outlined, including an F002 (1,1,1-trichloroethane) example.
 
04/23/1984RCRA METHODS AND QUALITY ASSURANCE ACTIVITIES (NOTES)Memo
 Description: The spot-check program to collect samples to verify delisting petition data is discussed. A recommendation that audit cylinders containing organic compounds be used during all source measurement programs is provided. Problems with spike recovery for metals in Method 3030 - Acid Digestion of Oils, Greases, and Waxes and pH adjustment for the extraction procedure (EP) are outlined. Materials that do not pass through 0.45 um filter are solids and must be extracted. The pH of oil and grease is discussed. It is impossible to determine the pH of non-aqueous materials. Unless specifically stated in the method, results are to be reported “as received,” and a sample is not dried before analysis.
 
04/04/1984ANALYTICAL METHODS/EP TOXICITY TEST/REFERENCE STDS.Memo
 Description: The adjustment of pH during the extraction procedure (EP) toxicity test should be conducted with a pH meter, not pH paper (SUPERSEDED: see current 261.24). Extract digestion, testing manufactured articles that are structurally resistant to crushing, and methods evaluation are discussed. EPA is developing methods for ignitable (D001) solids (SEE ALSO: SW-846 method 1030 finalized in 6/13/97; 62 FR 32451), liquids with flash points less than 60 degrees C, and reactive gases - cyanide and sulfide. EPA is developing a “Waste Analysis Plans Guidance Manual.” The use of reference standards is discussed.
 
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).
 
02/01/1984TEMPORARY EXCLUSION FOR LEACHATE NICKEL CONCENTRATIONSQuestion & Answer
 Description: The basis for using leachable nickel concentration of 20 ppm in delisting petitions is discussed.
 
07/12/1983MIXING OF METHANOL AS NON-HAZARDOUS WASTEMemo
 Description: A mixture of solid waste and hazardous waste listed solely for exhibiting a characteristic is not a hazardous waste if the mixture no longer exhibits a characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). Facilities do not need to submit a delisting petition to meet the 261.3(a)(2)(iii) mixture rule exemption.
 
05/25/1982EXCLUSION OF WASTE GENERATED AT INDIVIDUAL FACILITIES (DELISTING)Memo
 Description: Interim authorized states with delisting authority have the sole responsibility for delisting wastes within the state. Federal delistings do not affect the state regulation of a hazardous waste. EPA grants delistings in cases where a facility manages waste so as to bring the waste under federal jurisdiction.
 
02/01/1982DELISTED WASTE AND CERCLA REPORTINGQuestion & Answer
 Description: A state delisted waste does not escape notification under CERCLA 103. A federally delisted waste does escape 103 notification (Partially incorrect - see “Questions and Answers on Release Notification Requirements and Reportable Quantity Adjustments,” p. 23, #27. PB94-963 403).
 
06/28/1981LIQUID WASTE, DEFINITION OFMemo
 Description: Liquids are materials that pass through a .45 micron filter at a pressure differential of 75 psi. Different phases should be evaluated separately based on the definition of a liquid. Free liquids are a subset of liquids. Liquids are ignitable (D001) if they contain or consist of liquids with a flash point below 60 C (SEE ALSO: 261.21).
 
06/18/1981GRAY IRON FOUNDRY WASTE DISPOSALMemo
 Description: Two waste streams that are mixed together must be evaluated separately for hazardous waste identification. Mixed characteristic wastes that lose their characteristic are not hazardous. Listed waste must be delisted by petition. Existing characteristic waste treatment permit is valid when the waste becomes listed.
 
05/29/1981REGULATION OF DRYING BED SOLIDSMemo
 Description: Denial of petition to block applicability of extraction procedure (EP) (SUPERSEDED: See 261.24) to drying bed solids since these wastes could leach hazardous levels of cadmium and lead to groundwater if mismanaged.
 
04/14/1981DELISTING RESIDUE FROM TREATMENT OF LISTED WASTESMemo
 Description: Treated hazardous waste remains hazardous for the same constituents and/or characteristics for which it was originally listed. To delist residues, petitions must address the constituents/characteristics for which the waste was originally listed (SEE ALSO: 260.22(d)(2)).
 
11/17/1980RAILROAD TIES AS HAZARDOUS WASTES UNDER THE MIXTURE RULE, SMALL QUANTITY GENERATORMemo
 Description: Products that contain listed CCPs, such as railroad ties or asbestos insulation, are not listed CCPs when they are discarded. The mixture rule applies to CCPs being mixed with solid wastes. The point of generation for a CCP is “instantly when the act of discarding takes place.” Incorporating CCPs like creosote and asbestos into a product is not mixing with solid waste. A company with several operations on one site is a single generator. Even if each operation qualified as an SQG, the total site waste production may make all operations LQGs. If a facility is an LQG, all wastes must be handled as LQG waste, even wastes that are produced in small quantities or intermittently (SUPERSEDED: see current 261.5, 262.34(d)).
 
10/31/1980DELISTING OF WASTE BY AUTHORIZED STATESMemo
 Description: A state with a delisting mechanism may receive interim authorization provided that the program is substantially equivalent to the federal program. The state program may be withdrawn if its scope of regulation is no longer substantially identical to the federal program.
 
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