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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
Show details for BatteriesBatteries
Show details for Best Demonstrated Available Technology (BDAT)Best Demonstrated Available Technology (BDAT)
Show details for Bevill AmendmentBevill Amendment
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11/13/2000IMPLEMENTATION OF VACATURE OF TCLP USE FOR EVALUATING MANUFACTURED GAS PLANT (MGP) WASTES IN THE BATTERY RECYCLERS CASEMemo
 Description: D.C. Court of Appeals vacated use of TCLP for evaluating manufactured gas plant (MGP) waste (Association of Battery Recyclers, Inc., et al. v. US EPA). MGP waste cannot be classified as toxicity characteristic (TC) hazardous, since TCLP test is part of TC regulatory definition. MGP wastes unlikely to exhibit other characteristics. MGP wastes may be regulated under broader in scope state programs, state cleanup programs, or state industrial waste programs (SEE ALSO: 65 FR 51087; 8/22/00; RPC# 10/19/00-01).
 
10/19/2000MANUFACTURED GAS PLANT (MGP) REMEDIATION WASTE Memo
 Description: TCLP cannot be used to determine whether manufactured gas plant (MGP) waste is hazardous due to court ruling (Association of Battery Recyclers, Inc., et al. v. US EPA). MGP remediation waste is not listed but may be hazardous if exhibit ignitable, corrosive, or reactive characteristic, though unlikely. MGP remediation waste determined to be nonhazardous would be governed by state industrial or nonhazardous waste regulations (SEE ALSO: 65 FR 51087; 8/22/00; RPC# 11/13/00-01).
 
10/10/2000REGULATION OF COAL FLY ASH AND BOTTOM ASH WASTEMemo
 Description: EPA decided that none of the fossil fuel combustion wastes should be regulated as hazardous wastes. Agency concluded that coal combustion wastes placed in landfills, surface impoundments or mines should be regulated as nonhazardous wastes (SEE ALSO: 65 FR 32214; 5/22/00).
 
06/26/2000REGULATION OF FOSSIL FUEL COMBUSTION WASTES AND CLEAN AIR ACT CONTROLS FOR UTILITIESMemo
 Description: EPA decided that none of the fossil fuel combustion wastes should be regulated as hazardous wastes. The Agency concluded that coal combustion wastes placed in landfills, surface impoundments or mines should be regulated as nonhazardous wastes (SEE ALSO: 65 FR 32214; 5/22/00). EPA is studying possible Clean Air Act controls for air emissions of hazardous air pollutants, including mercury, from electric utility industry.
 
06/09/2000REGULATION OF FOSSIL FUEL COMBUSTION WASTESMemo
 Description: EPA decided that none of the fossil fuel combustion wastes should be regulated as hazardous wastes. The Agency concluded that coal combustion wastes placed in landfills, surface impoundments or mines should be regulated as nonhazardous wastes (SEE ALSO: 65 FR 32214; 5/22/00) (also sent to U.S. Senators Gorton, Gramm, Helms & Sarbanes, U.S. Representatives LaHood & Obey, citizen, Mayor Borsheim of Thief River Falls, Bosshart Company, and Throop of Board of Municipal Utilities).
 
06/09/2000TIRE DERIVED FUEL AND REGULATION OF FOSSIL FUEL COMBUSTION WASTESMemo
 Description: EPA decided that none of the fossil fuel combustion wastes should be regulated as hazardous wastes. Decision applies to wastes from combustion of coal, oil, natural gas and co-burning these fossil fuels with supplemental fuels such as tire derived fuel (TDF) when supplemental fuels comprise less than 50 percent of total fuel feed. The Agency concluded that coal combustion wastes placed in landfills, surface impoundments or mines should be regulated as nonhazardous wastes (SEE ALSO: 65 FR 32214; 5/22/00).
 
03/09/2000REGULATORY DETERMINATION FOR COMBUSTION OF FOSSIL FUELSMemo
 Description: EPA is considering and evaluating all comment received on upcoming regulatory determination for certain solid wastes produced from combustion of fossil fuels. EPA will issue a regulatory determination by March 10, 2000 (also sent to Conyers, DeGette, Hinchey, Kennedy, Kucinich, McDermott, Olver, Sanders, Stark, Tubbs Jones, Waxman, and Woolsey).
 
10/18/1999SUGGESTED FEDERAL PROGRAM FOR HAZARDOUS WASTE MANAGEMENTMemo
 Description: RCRA was enacted in 1976 to address the huge volumes of municipal and industrial solid waste generated nationwide. EPA’s internet site provides information on hazardous waste, municipal solid waste, and special waste. EPA has not developed a special logo or graphic for these types of waste. The Agency’s EMPACT program works with communities to collect, manage, and present environmental information.
 
10/01/1999REPORT TO CONGRESS ON WASTES FROM THE COMBUSTION OF FOSSIL FUELSMemo
 Description: EPA did not express a tentative conclusion about the future regulatory status of coal combustion wastes (ash) that are placed in mines in the March 1999 Report to Congress on Wastes from the Combustion of Fossil Fuels. EPA will formulate a final decision on this matter and issue a regulatory determination by March 10, 2000.
 
09/24/1999EXTENSION OF PUBLIC COMMENT PERIOD FOR THE PROPOSED RULE ON MANAGEMENT STANDARDS FOR CEMENT KILN DUSTMemo
 Description: EPA has decided to extend the comment period for the proposed rule on management standards for cement kiln dust (64 FR 45632; 8/20/99) for 90 days. The comment period has been extended until February 17, 2000 (SEE ALSO: 64 FR 58022; 10/28/99) (also sent to Greer of Ash Grove Cement Company, O’Hare of American Portland Cement Alliance, and Willis of Blue Circle Cement).
 
09/17/1999REGULATION OF WASTE COAL ASH Memo
 Description: EPA did not express a tentative conclusion about the regulatory status of coal combustion wastes used in mine reclamation efforts or similar projects in the Report to Congress on Wastes from the Combustion of Fossil Fuels. EPA lacked sufficient information at the time to characterize potential human health risks from these practices. EPA is currently evaluating public comments on the report. The regulatory determination is scheduled for March 10, 2000 (Similar responses were also sent to PA Representatives DeWeese and Surra, PA Senators Brightbill and Rhoades, US Representatives Peterson, Holden, Kanjorski, Doyle, Toomey, Murtha, Klink, Mascara, and Sherwood, and Lander of Greco and Lander, P.C.).
 
09/14/1999REGULATION OF HAZARDOUS WASTE BURNING CEMENT KILNSMemo
 Description: Burning hazardous waste as fuel in cement kilns can be a safe way to destroy toxic organics in the waste, but also involves the release of toxic pollutants. EPA signed an updated set of regulations to control toxic emissions from hazardous waste combustors, including cement kilns (64 FR 52828; 9/30/99). These regulations implement the maximum achievable control technology (MACT) provisions of Section 112 of the Clean Air Act.
 
09/03/1999REPORT TO CONGRESS ON WASTES FROM THE COMBUSTION OF FOSSIL FUELSMemo
 Description: EPA supported a motion for an extension of the deadline for the regulatory determination on fossil fuel combustion wastes, which would allow an extension of the comment period on the Report to Congress (NOTE: Comment period extended to September 24, 1999 (64 FR 50788; 9/20/99)).
 
07/14/1999BENEFICIAL UTILIZATION OF COAL ASHMemo
 Description: EPA’s tentative position that coal combustion wastes may not warrant hazardous waste regulation. EPA encourages the beneficial use of coal combustion materials under the procurement program. EPA is considering state oversight of agricultural applications and mine placement of coal ash as a possible alternative to federal oversight (SEE ALSO: 64 FR 22820; 4/28/99). Discusses possible extension of the six-month schedule for completion of the regulatory determination.
 
03/19/1999REVIEW OF BEVILL ISSUES RAISED IN MAGCORP'S DECEMBER 23, 1998 LETTER TO UTAH DEPARTMENT OF ENVIRONMENTAL QUALITYMemo
 Description: Scope of Bevill exemption for mining and mineral processing wastes does not include combined wastestream of all wastewaters from facility (SEE ALSO: RPC# 3/23/94-01). Laboratory wastes are not uniquely associated with mineral extraction, beneficiation, or processing (SEE ALSO: 63 FR 28556; 5/26/98). Aggregation of waste streams is not appropriate in determining Bevill status of wastes. Mixing hazardous waste with Bevill-exempt waste may require treatment permit (SEE ALSO: 63 FR 28597; 5/26/98).
 
03/17/1999CLEANUP OF MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Decharacterized manufactured gas plant (MGP) wastes can be sent to utility boilers without triggering substantial regulatory requirements. Residues from co-processing of MGP wastes in utility boilers are not subject to the land disposal restrictions (LDR) because these residues are Bevill wastes excluded from hazardous waste requirements (SEE ALSO: 63 FR 28556; 5/26/98; RPC# 4/26/93-03; RPC# 8/21/98-01).
 
06/19/1998CLARIFICATION OF THE REGULATORY STATUS OF WASTES GENERATED AT THE UNOCAL/MOLYCORP MOUNTAIN PASS RARE EARTH FACILITYMemo
 Description: In the 9/1/89 Federal Register (54 FR 36592), EPA briefly mentioned waste from the lanthanides sector as including wastes from beneficiation operations (covered by the Bevill exclusion for mining and mineral processing wastes). Those statements did not constitute a definitive finding on the application of the regulations to each wastestream. Wastes generated after the “second leach step” are mineral processing wastes and regulated if they exhibit a characteristic. Letters expressing the Agency's opinion do not have the force or effect of law and are not legally binding on private parties. Letters would constitute evidence of the Agency's interpretation during any judicial enforcement action.
 
08/13/1997APPLICABILITY OF HOUSEHOLD HAZARDOUS WASTE EXCLUSION TO NATURAL GAS REGULATORS CONTAINING MERCURYMemo
 Description: Household hazardous waste must be generated by individuals on the premises of a household and must be composed primarily of materials found in the waste generated by consumers in their home. Natural gas regulators are not eligible for the household hazardous waste exclusion since they are installed, replaced, and collected by utilities and gas suppliers.
 
05/13/1997REGULATORY STATUS OF IRON AND STEEL SLAGS AND GYPSUMMemo
 Description: Iron blast furnace slag and basic oxygen furnace and open furnace slag from carbon steel production are solid wastes, but are excluded from the definition of hazardous waste under the Bevill exclusion for mining and mineral processing. Flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels, which often contains large amounts of gypsum, is also excluded.
 
05/01/1997APPLICABILITY OF K052 WASTE CODE TO PIPELINE TERMINALSQuestion & Answer
 Description: The K052 listing is limited to leaded tank bottoms generated at petroleum refineries. Leaded tank bottoms generated at pipeline terminals that are not directly part of a refinery do not meet the K052 listing, and are only hazardous wastes if characteristic.
 
02/01/1997FREQUENTLY ASKED QUESTIONS ON MIXED WASTEQuestion & Answer
 Description: Mixed waste (MW) is waste with a hazardous waste component and a radioactive component. MW is jointly regulated by both RCRA and the Atomic Energy Act (AEA).MW is regulated by EPA, DOE, and the Nuclear Regulatory Commission (NRC). MW is typically generated by nuclear power plants, industrial sites, research labs, and medical institutions. MW is subject to the land disposal restrictions (LDR). If no special MW treatment standard is listed, MW is subject to the normal treatment standard for the waste code. AEA regulations take precedence over RCRA regulations when they conflict.
 
10/28/1996REGULATORY STATUS OF RESIDUES FROM LIGHT-WEIGHT AGGREGATE KILNSMemo
 Description: EPA is considering applying a “significantly affected test” for residues from non-Bevill sources similar to the existing provision for Bevill sources in Section 266.112 (SEE ALSO: 61 FR 17472; 4/19/96). EPA’s initial inclination is not to promulgate such an option. Other options for addressing the regulatory status of light-weight aggregate kiln (LWAK) residues include the Hazardous Waste Identification Rule (HWIR), the upcoming Definition of Solid Waste rulemaking, and expansion of special controls to be proposed for cement kiln dust (CKD) (SEE ALSO: 64 FR 45632; 8/20/99).
 
05/30/1996STATUS OF MIXED COAL PRODUCTSMemo
 Description: Characteristic manufactured gas plant (MGP) wastes can be mixed with coal or other material in a generator accumulation unit until the characteristic is removed. The resulting mixture may be sent to a fossil fuel combustor provided the mixture is no longer characteristically hazardous. Combustion residues are exempt under the Bevill exemption for fossil fuel combustion wastes. If the mixture is sent to a landfill, it must meet land disposal restrictions (LDR) treatment standards regardless of whether the characteristic has been removed (SEE ALSO: 63 FR 28574; 5/26/98).
 
04/10/1996MAXIMUM ACHIEVALBE CONTROL TECHNOLOGY (MACT) RULEMAKING FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: Improperly designed hazardous waste incinerators and cement and light weight aggregate kilns (BIFs) can pose a hazard. EPA signed the proposed MACT rule on March 20, 1996, (61 FR 17358; 4/19/96) to establish tough dioxin, mercury, and lead emission standards (SEE ALSO: 64 FR 52828; 9/30/99). The Agency will continue to use the omnibus permitting authority (270.32(b)(2) and 3005(c)(3)) to ensure protection on a site-specific basis. The Agency remains committed to developing tailored regulations in conjunction with the existing authorities for Bevill exempt cement kiln dust (CKD). Addresses the risks from CKD management identified in the CKD regulatory determination (60 FR 7366; 2/7/95). The decision affects all CKD, regardless of the fuel burned. The CKD program will be risk-based, flexible, and tailored to site-specific conditions.
 
01/26/1996LAND DISPOSAL RESTRICTIONS; PHASE IV SUPPLEMENTAL PROPOSAL ON MINERAL PROCESSING WASTESMemo
 Description: The Phase IV Bevill proposal (61 FR 2338; 1/25/96) would clarify the distinction between in-process materials and wastes in the Bevill exemption for mining and mineral processing wastes. The notice proposes retaining the TCLP and the classification of several wastes, including five smelting wastes that were previously lifted, iron chloride waste acid, and wastes from lightweight aggregate production. The notice proposes to exclude processed scrap metal and shredded circuit boards that are destined for metal recovery and managed in containers. The notice proposes to significantly reduce the land disposal restrictions (LDR) paperwork requirements that apply to hazardous waste generally (SEE ALSO: Phase IV Final Rule, 63 FR 28556; 5/26/98).
 
05/25/1995ARE TANK BOTTOMS REMOVED FROM TANKS CONTAINING ONLY NAPHTHA DEEMED TO BE K052 HAZARDOUS WASTE?Memo
 Description: K052 is limited to tank bottoms generated at or as part of a petroleum refinery from tanks used to store leaded gasoline or leaded blending fractions. The listing applies regardless of whether the waste exhibits a characteristic. Because naptha is an unleaded petroleum fraction, tank bottoms from naptha storage at a refinery are not K052.
 
04/20/1995REGULATORY REQUIREMENTS FOR TANKS, VEHICLES, VESSELS, PROCESS OR MANUFACTURING UNITS, OR PIPELINES WHICH HAVE BEEN SHUT DOWNMemo
 Description: Waste generated in a manufacturing process unit may remain in the unit for up to 90 days after the unit has been shut down, and may be stored for an additional 90 days in generator accumulation units. EPA headquarters policy does not address whether K050 waste is generated only through the actual cleaning of heat exchanger bundles, or if the regulated K050 waste is created when sludges remains in a shut-down exchanger for more than 90 days or when they are discarded along with an uncleaned bundle.
 
04/01/1995STATUS OF FOSSIL FUEL COMBUSTION WASTE EXCLUSIONQuestion & Answer
 Description: Discusses the regulatory status of fossil fuel combustion wastes. Independently- managed large-volume coal-fired utility wastes are excluded under the Bevill exemption for fossil fuel combustion wastes. Remaining wastes are excluded until a final determination is made in 1998. Low-volume wastes not co-managed with large-volume wastes are not excluded.
 
03/01/1995DEFINITION OF FORMERLY BEVILL EXEMPT WASTEQuestion & Answer
 Description: Discusses the history of the Section 261.4(b)(7) Bevill mining and mineral processing waste exclusion. All mineral processing wastes not currently identified in Section 261.4(b)(7) are newly identified and are not subject to the land disposal restrictions (LDR) until EPA promulgates treatment standards (SUPERSEDED: see 63 FR 28556; 5/26/98).
 
02/22/1995REGULATORY DETERMINATION OF CEMENT KILN DUSTMemo
 Description: Cement kiln dust (CKD) is exempt under the 261.4(b)(8) Bevill exclusion until EPA promulgates custom-tailored RCRA Subtitle C rules. The CKD decision (60 FR 7366; 2/7/95) applies to all dust whether or not a hazardous waste fuel is burned in the kiln, although CKD from cement kilns co-burning hazardous waste must qualify for the exclusion through the 266.112 test.
 
12/05/1994CLARIFICATION OF REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Eligibility for the Bevill exemption for cement kiln dust (CKD) residues is contingent upon the composition of the residue, not upon the purpose of burning waste. If no treatment or blending occurs, bulking, containerizing, consolidating, and de-consolidating are allowed at transfer facilities.
 
11/23/1994APPLICABILITY OF RCRA REGULATIONS REGARDING LARGE QUANTITY GENERATORS, TO THE VETERANS AFFAIRS MEDICAL CENTERMemo
 Description: A generator who generates less than 100 kg of hazardous waste and more than 1000 kg of state regulated medical waste would not lose conditionally exempt small quantity generator (CESQG) status under federal law. State regulations may be broader in scope and facilities must comply (SEE ALSO: 60 FR 33912; 6/29/95).
 
11/15/1994NSPS AND EMISSIONS GUIDELINES FOR MUNICIPAL INCINERATIONMemo
 Description: Clean Air Act standards for medical waste incinerators (New Source Performance Standards (NSPS) and Emissions Guidelines (EG)) are expected to be proposed in February 1995. The DOT regulation of medical waste and materials infectious to animals are expected to be effective on 10/1/95 (SEE ALSO: 60 FR 33912; 6/29/95).
 
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).
 
08/09/1994STATUS OF MEDIAL WASTE UNDER RCRAMemo
 Description: Medical waste is not regulated as a hazardous waste under RCRA unless it exhibits a characteristic or is listed. Notification and consent for import or export of hazardous wastes is not required for medical wastes that are not hazardous (SEE ALSO: 60 FR 33912; 6/29/95).
 
07/29/1994REGULATORY STATUS OF NATURAL GAS REGULATORS THAT CONTAIN MERCURY UNDER RCRAMemo
 Description: Natural gas regulators that contain mercury are best classified as spent materials. Spent materials are solid wastes when sent for reclamation. Any quantity of liquid mercury, other than trace amounts attached to a material, precludes a waste’s designation as scrap metal. The waste may qualify as scrap metal once the mercury has been removed.
 
06/09/1994APPLICABILITY OF RCRA TO VARIOUS PRODUCTS (E.G., CLINKER, FERTILIZER) PRODUCED BY A CEMENT KILN EQUIPPED WITH A RECOVERY SCRUBBERMemo
 Description: Product clinker and fertilizer that are produced using previously landfilled Bevill exempt cement kiln dust are not subject to Subtitle C as long as the products are commercial grade, do not contain hazardous constituents in excess of those found in comparable products, and have met applicable land disposal restrictions (LDR) treatment standards (SEE ALSO: RPC# 5/17/94-01; 60 FR 6666; 2/7/95).
 
06/09/1994TRANSPORTATION OF USED OIL TO LOCATIONS WHERE USED OIL CAN BE MIXED WITH CRUDE OILMemo
 Description: Used oil can be transported to sites where it can be mixed with crude oil (e.g., crude oil pipelines, exploration and production facilities, petroleum refineries, and aggregation points). Refineries receiving off-site used oil are subject to the processor rules until the used oil enters the refining process. An oil and gas exploration and production or refining facility may transport used oil to their aggregation points. The transporter and transfer facility rules apply to used oil transported off-site to a pipeline or to an oil and gas exploration and production facility until it is mixed with crude oil and qualifies for the 279.10(g)(2) exemption.
 
05/17/1994REGULATORY STATUS OF PRODUCTS (INCLUDING CLINKER AND FERTILIZER) PRODUCED IN CEMENT KILNS EQUIPPED WITH A RECOVERY SCRUBBERMemo
 Description: Since cement kiln dust (CKD) is not a hazardous waste, products (e.g., clinker and fertilizer) partially derived from processing CKD are not subject to regulation. Cement kilns that burn or process hazardous waste must meet the requirements in 266.112 for their CKD to be exempt (SEE ALSO: 60 FR 6666; 2/7/95; RPC# 6/9/94-02).
 
05/11/1994APPLICABILITY OF MINING WASTE EXCLUSION TO WASTED LIME KILN REFRACTORY BRICKSMemo
 Description: Lime kiln bricks are not uniquely associated with mineral processing and are not excluded by the Section 261.4(b)(7) Bevill exemption for mining and mineral processing wastes. To be uniquely associated the wastes must originate primarily from, or be influenced by, contact with ores, or minerals. Wastes analogous to other wastes from non-mining industries are not uniquely associated. Wastes which contact ore are not necessarily excluded (SEE ALSO: 63 FR 28556; May 26, 1998).
 
04/15/1994REGULATORY STATUS OF NATURAL GAS PIPELINE CONDENSATEMemo
 Description: Although ignitable off-specification fuels, such as natural gas condensate, are usually not solid wastes when burned for energy recovery, sale or use of low energy value condensate as motor fuel or a fuel additive may constitute sham burning for energy recovery. The use of unadulterated natural gas pipeline condensate with a high Btu/lb value can constitute legitimate burning for energy recovery. Factors besides the energy value apply to a sham recycling determination.
 
04/08/1994CLARIFICATION OF USED OIL RULES AS THEY APPLY TO DO-IT-YOURSELF OIL CHANGERSMemo
 Description: Do-It-Yourself (DIY) used oil (UO) generators are not subject to the used oil standards. Do-It-Yourself oil is subject to Part 279 regulation once it has been collected. Collected Do-It-Yourself oil is subject to the rebuttable presumption. The collection center can rebut the presumption based on the household hazardous waste exemption.
 
03/23/1994INTERPRETATION OF THE BEVILL EXEMPT STATUS OF WASTES AT THE MAGCORP FACILITYMemo
 Description: The scope of Bevill exemption for mining and mineral processing wastes does not include combined wastestream of all wastewaters from a facility. Used lubricating oils, used antifreeze, wastes from lab drains, and vehicle maintenance are not uniquely associated with mineral extraction, beneficiation, or processing (SEE ALSO: 63 FR 28556; May 26, 1998). Wastes generated after mineral processing begins do not qualify for the Bevill exemption for mining and mineral processing wastes unless listed in Sections 261.4(b)(7)(i)-(xx). A mixture of non-exempt wastes with exempt wastewaters may jeopardize the mineral processing exemption. Mixing hazardous waste with Bevill-exempt waste may require a treatment permit (SEE ALSO: 63 FR 28556; May 26, 1998).
 
02/01/1994K052: BOTTOMS FROM TANKS STORING LEADED GASOLINE AT PETROLEUM REFINERIESQuestion & Answer
 Description: The K052 listing applies only to bottoms from tanks storing leaded gasoline at petroleum refineries. The listing does not apply to bottoms from refinery tanks storing other petroleum fractions.
 
11/05/1993CLARIFICATION OF CERTAIN ISSUES REGARDING OIL AND GAS WASTESMemo
 Description: Solid wastes generated from gas transportation after it has left the gas plant, compressor stations located downstream from gas plant, and manufacturing activities do not qualify for the oil and gas exclusion. Wastes from compressors handling local production only are exempt. The exemption is not dependent upon how the waste is managed. Unused CCPs are not exempt since the material was not sent down-hole or did not contact the production stream.
 
10/05/1993RESPONSE REGARDING NEEDLESTICK INJURIES IN THE SHARPS RECYCLING INDUSTRYMemo
 Description: EPA plans to update Disposal Tips for Home Health Care to emphasize that containers in which sharps are disposed should not be recycled.
 
09/15/1993CLARIFICATION OF RCRA REGULATORY APPLICATION TO SOILS CONTAMINATED BY CEMENT KILN DUSTMemo
 Description: Secion 266.112 does not apply retroactively to soil contaminated by cement kiln dust, which is exempt under the Bevill exclusion for fossil fuel combustion wastes, when the soil is removed during corrective action. Discusses the distinction between applying listings retroactively and determining applicability of Bevill exclusion.
 
09/09/1993REGULATORY STATUS OF DRIP GAS GENERATED ALONG NATURAL GAS TRANSMISSION PIPELINESMemo
 Description: Addresses the regulatory status of drip gas from natural gas pipelines that is used as a solvent to remove paraffin buildup. Drip gas may be a hazardous waste used in a manner constituting disposal if it is a by-product rather than a legitimate product. Discusses the criteria for determining if the drip gas is a waste or a product.
 
07/01/1993NATURAL GAS CONDENSATE: REGULATORY STATUSQuestion & Answer
 Description: Natural gas condensate produced by activities uniquely associated with the exploration, development, and production of natural gas is excluded under Section 261.4(b)(5) when discarded. Condensate generated by operations beyond the production process is not exempt.
 
06/30/1993CLARIFICATION OF RCRA REGULATORY APPLICATION TO SOILS CONTAMINATED BY CEMENT KILN DUSTMemo
 Description: Soil contaminated with cement kiln dust (CKD) retains the Bevill exclusion of the CKD, provided soil is not hazardous for any other reason.
 
06/30/1993MINING WASTES FROM SEARLES LAKE OPERATIONSMemo
 Description: Oil from a machine maintenance operation is not uniquely associated with mining or mineral processing operations and is not exempt under the Section 261.4(b)(7) Bevill exemption for mining and mineral processing wastes (SEE ALSO: 63 FR 28556; May 26, 1998). Waste oil from the extractant, or crude, treatment process is not exempt. Boiler ash is an exempt Bevill fossil fuel combustion waste.
 
04/29/1993REGULATORY STATUS OF COMBUSTION RESIDUALS GENERATED FROM CO-BURNING OF ""SPECIFICATION"" USED OIL FUEL AND VIRGIN FUEL OILMemo
 Description: The co-burning of specification used oil fuel and virgin fuel oil does not affect the 261.4(b)(4) Bevill exemption since the amount of oil burned is minimal.
 
04/26/1993REGULATORY STATUS OF SOLID WASTE GENERATED FROM GOLD/MERCURY AMALGAM RETORTINGMemo
 Description: Solid wastes from gold/ mercury amalgam retorting are mineral processing wastes, not beneficiation AND EXTRACTION WASTES under the Bevill exemption for mining and mineral processing wastes. Mineral processing wastes disposed of prior to March 1, 1990, that are no longer exempt are not subject to Subtitle C controls unless actively managed. Active management includes physical disturbance of a site.
 
04/19/1993DISCUSSION PAPER ON POSSIBLE UNIVERSAL WASTEMemo
 Description: EPA is evaluating the applicability of the household hazardous waste (HHW) exclusion to lead-based paint abatement wastes (SEE ALSO: 63 FR 70233, 70241; 12/18/98). Part 279 prohibits the storage of used oil in unlined surface impoundments and applying used oil to roads. Fluorescent bulbs may be conditionally exempt in the future. EPA does not believe that F001-F005 solvents should be included as universal wastes. EPA is currently studying other solvent wastes to determine if they merit a listing (SEE ALSO: 61 FR 42318; 8/14/96). Spent antifreeze may exhibit the toxicity characteristic for lead and/or benzene. EPA is evaluating toxicity characteristic levels for lead and pentachlorophenol (PCP). New MCLs could affect future toxicity characteristic levels. Sandblast grit from the removal of lead-based paint may be D008.
 
03/05/1993RECYCLING PETROLEUM REFINERY OILY WASTES; REGULATORY STATUS OF SEPARATION AND RECOVERY SYSTEMS SAREX PROCESS FOR RECYCLING PETROLEUM REFINERY OILY WASTESMemo
 Description: Effluent from a petroleum recovery process that accepts hazardous waste K048-K051 returned to a wastewater treatment system is not derived from listed waste if it is chemically equivalent to non-listed influent (SEE ALSO: RPC# 8/23/85-01). The closed-loop exemption does not apply to oil being returned to a refinery where it will be used as a fuel. The closed-loop exemption does not apply to reclaimed material that will be used to produce a fuel or produce a product that will be applied to the land.
 
02/04/1993PURPOSE OF HOME HEATH CARE BOOKLETMemo
 Description: Containers that are made of recyclable materials that hold sharps (i.e., syringes and needles) cannot be recycled (SEE ALSO: 60 FR 33912; 6/29/95).
 
11/25/1992QUESTIONS ON FINAL USED OIL RULEMemo
 Description: The toxicity characteristic rule is federally enforceable in every state until it is adopted by the state and EPA approves its authorization. The used oil filter exclusion applies in Arizona on 6/19/92. Discusses the applicability of the used oil regulations in authorized states.
 
11/06/1992QUESTIONNAIRE ON HOSPITAL WASTE MANAGEMENTMemo
 Description: Provides a questionnaire on hospital waste management and a 24-page overview of medical waste regulation and management in the U.S. (SEE ALSO: 60 FR 33912; 6/29/95).
 
10/28/1992REGULATORY REQUIREMENTS PERTAINING TO THE MANAGEMENT OF WASTE SOLVENTS AND USED OILMemo
 Description: A generators may make a hazardous waste determination either by testing or by applying knowledge of the characteristics of the waste, in light of materials or process used in its generation; testing is not required. A generator must determine each waste code applicable to waste. A generator can rely on the analysis of unused mineral spirits plus knowledge of the operation to determine whether or not the resulting waste solvent exhibits any hazardous characteristic, provided he has sufficient information to make an accurate determination.
 
06/12/1992REGULATIONS AND ADMINISTRATIVE PROVISIONS WHICH APPLY TO THE DISPOSAL OF BLOODBORN PATHOGENSMemo
 Description: The two-year medical waste demonstration program is no longer effective. EPA does not currently regulate the disposal of medical waste. Discusses USPS and DOT jurisdiction over the mailing and packaging of medical waste (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
05/15/1992SCOPE OF BEVILL AMENDMENT AS IT APPLIES TO PHOSPHATE MINING, PHOSPHORIC ACID PRODUCTION, AND ANCILLARY FACILITIESMemo
 Description: All phosphate mining and extraction wastes are permanently exempt from RCRA Subtitle C regulation. Of all mineral processing wastes generated at phosphoric acid plants, only phosphogypsum and process wastewater from phosphoric acid production are Bevill exempt mining and mineral processing wastes.
 
02/01/1992MEDICAL WASTE TRACKING ACT DEMONSTRATION PROGRAMQuestion & Answer
 Description: Discusses the status of the five-state medical waste tracking program, which expired June 1991. The first and second interim reports were submitted in May and December 1990. The third and final report is expected late 1992 (SUPERSEDED: see 60 FR 33912; June 29, 1995).
 
01/01/1992REGULATORY STATUS OF WASTE FROM OIL GATHERING PIPELINESQuestion & Answer
 Description: Waste generated in a gathering pipeline during transportation qualifies for the fossil fuel exploration, development, and production exclusion only if the custody of the oil has not yet changed hands.
 
12/10/1991EXTENSION OF COMMENT PERIOD FOR LDR SOIL FEDERAL REGISTER NOTICEMemo
 Description: Discusses the extension of the comment period for land disposal restrictions (LDR): Potential Treatment Standards for Newly Identified and Listed Wastes and Contaminated Soil (56 FR 55160; 10/24/91) on issues related to mineral processing wastes, wood preserving wastes, and spent potliners (SEE ALSO: 57 FR 37194; 8/18/92, 60 FR 43654; 8/22/95, 61 FR 2338; 1/25/96, 62 FR 25997; 5/12/97).
 
11/14/1991THE BASEL CONVENTION AND UNTREATED MEDICAL WASTE IMPORTATIONMemo
 Description: There are no federal regulations prohibiting the importation of medical waste. The enactment of legislation implementing the Basel Convention could change the status of imported medical waste (SEE ALSO: 60 FR 33912; 6/29/95).
 
10/15/1991Markets for Scrap TiresPublication
 Description: This document discusses the problems associated with scrap tires. It also identifies existing and potential source reduction and utilization methods that may be effective in solving the tire problem and identifies and evaluates options for removing barriers to use tires.
 
08/16/1991MAILING MEDICAL WASTE THROUGH THE U.S. POSTAL SERVICEMemo
 Description: Small generators of medical waste are allowed to ship sharps via USPS. Addresses the USPS requirements for packaging and identifying medical waste (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
07/31/1991TC RULE HAZARDOUS WASTE DETERMINATIONMemo
 Description: Pulp and paper mill wastes should be sampled at an outlet from the bleach plant (point of generation), prior to commingling (mixing) with other wastestreams, to determine whether they exhibit the toxicity characteristic for chloroform (D022). The dilution of characteristic hazardous waste at a pulp and paper mill is acceptable for CWA compliance provided there is no specified method of treatment (58 FR 29860; 5/24/93). The definition of aggressive biological treatment (ABT) units for the purposes of the F037 and F038 listings does not apply to the exemption for biological treatment units from the surface impoundment minimum technical requirements.
 
07/03/1991DRAFT REGION VIII POLICY ON “AGGRESSIVE BIOLOGICAL TREATMENT”Memo
 Description: Sludges formed in aggressive biological treatment (ABT) units are not F037 or F038. Only secondary or tertiary treatment units qualify as ABT units. ABT units receiving or generating toxicity characteristic hazardous waste are subject to all applicable rules. F037/F038 sludges can be formed in ABT units that are not operating properly.
 
07/02/1991DISPOSAL OF USED SYRINGESMemo
 Description: Addresses the treatment methods for used syringes. There is no federal regulation of medical waste for states not participating in the demonstration program (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
06/21/1991BAGHOUSE DUSTS USED AS, OR TO PRODUCE, AGGREGATEMemo
 Description: Baghouse dust used as a product or reclaimed as an ingredient in a product (e.g., aggregate) placed on the land is a solid waste and is not exempt per 261.2(e). Products reclaimed from K061 that are not placed on the land are no longer wastes. Discusses the indigenous principle (SUPERSEDED: see 266.100) and the elements of legitimate recycling. If it is not legitimate recycling, the kiln is hazardous waste treatment unit.
 
05/21/1991CLASSIFICATION OF WASTE FLUIDS ASSOCIATED WITH CLEAN UP OF CRUDE OIL LEAKS IN ACTIVE OIL FIELDSMemo
 Description: Petroleum contaminated snow-melt is not covered by the Bentsen exemption for exploration, production, and development petroleum wastes, since the contamination is a result of a pipeline leak that occurred after the custody transfer of the oil. The exemption applies to wastes from the exploration and production that are produced before the transfer of custody of crude oil or natural gas, or the point of separation and dehydration in the absence of a custody transfer.
 
05/17/1991PROPER DISPOSAL OF MEDICAL WASTE GENERATED DURING HOME CHILDBIRTHMemo
 Description: Provides guidance on the disposal of medical waste generated during home childbirth (SEE ALSO: see 60 FR 33912; 6/29/95).
 
05/15/1991Environmental Fact Sheet: Agency Determines Final Regulatory Status of Special Wastes from Mineral ProcessingPublication
 Description: This fact sheet discusses the final regulatory status of special wastes from mineral processing, as determined under RCRA Subtitle C.
 
04/22/1991CHLORIDE-ILMENITE PROCESS WASTESMemo
 Description: Chloride-ilmenite process waste acids are mineral processing, not beneficiation, waste under Bevill exemption for mining and mineral processing wastes. Operations producing combined beneficiation and processing wastes are classified as processing operations for purposes of determining if they produce exempt mineral processing wastes.
 
04/12/1991NOTIFICATION OF ERRORS IN THE TECHNICAL AMENDMENT TO THE THIRD THIRD LAND DISPOSAL RESTRICTIONS (LDRS), PUBLISHED JANUARY 31, 1991Memo
 Description: Addresses the corrections to the treatment standards for K048, P003, P073, U001, U003, U154 (errata sheet for 58 FR 3877; 1/31/91, Technical Amendment to the Third Third) (SEE ALSO: current 268.40).
 
04/02/1991CLARIFICATION OF THE APPLICABILITY OF THE OIL AND GAS EXCLUSION TO CRUDE OIL RECLAIMER WASTESMemo
 Description: Wastes derived from the treatment of exempt wastes are generally exempt. If tank bottoms are created during primary field operations, wastes from the recovery of oil from the tank bottoms are exempt. Solvent wastes from cleaning tank trucks associated with oil and gas exploration and production activities are not exempt (SEE ALSO: 58 FR 15284; 3/22/93).
 
03/29/1991SHAM INCINERATION AND TREATMENT OF K048-K052 WASTES IN CEMENT KILNS AND INDUSTRIAL FURNACESMemo
 Description: Oil cannot be added to a K048-K052 treatment cake to increase fuel value above sham recycling threshold unless the oil is originally part of waste (SUPERSEDED: see RPC# 11/8/94-01; Section 266.100). All wastes derived from listed wastes are subject to land disposal requirements (LDR) except for certain Bevill residues.
 
02/01/1991PETROLEUM REFINERY WASTEWATER TREATMENT SLUDGE CLASSIFICATIONQuestion & Answer
 Description: Discusses the applicability of the F037 and F038 listings, primary/ secondary separation, and primary/ secondary treatment.
 
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.
 
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)).
 
10/17/1990PETROLEUM REFINERY SLUDGE REGULATIONSMemo
 Description: Contains EPA’s response to issues raised during the Office of Management and Budget (OMB) review of petroleum refinery sludge final rule listing F037 and F038.
 
09/20/1990INTERPRETATIONS OF THE EPA MEDICAL WASTE REGULATIONS (NUMBERS 50-63)Memo
 Description: Includes the sixth set of medical waste Qs and As and addresses federal, state, and local medical waste regulations. Discusses generator v. transporter responsibility for pretransport requirements. No semiannual report is required for generators and destination facilities. No permit is required for a medical waste disposal facility (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
09/13/1990SEMI-ANNUAL MEDICAL WASTE TRANSPORTER REPORTMemo
 Description: Transporters who carry medical waste from covered states must notify EPA. Discusses the notification of discrepancies in an addressee's semiannual medical waste transporter report (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
09/07/1990APPLICABILITY OF EXCLUSION FOR REGULATED MEDICAL WASTE THAT HAS BEEN TREATED AND DESTROYEDMemo
 Description: A medical and disinfectant waste mixture should first be evaluated against the hazardous waste criteria. Used and unused sharps are regulated medical waste. Provides definitions of treated and destroyed. Crushing is not destruction (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
09/07/1990APPLICABILITY OF PART 259 TO WASTES FROM QUALITY CONTROL PROCEDURESMemo
 Description: Autoclaving is treatment but not the destruction of regulated medical waste. Autoclaved regulated medical waste is still subject to Part 259 requirements until it is destroyed. Quality control procedures performed on medical products could produce regulated medical waste (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
09/07/1990CONSOLIDATION OF REGULATED MEDICAL WASTE FROM INDEPENDENT PHYSICIANSMemo
 Description: Addresses the definition of generator. Multiple medical waste generators at one site are individually liable. If such wastes are commingled, the generators could be jointly and severally liable. SQGs are eligible for certain exemptions (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
09/05/1990DEFINITION OF CONTAINER UNDER PART 259Memo
 Description: Discusses the regulated medical waste packaging requirements. A needle sheath for used sharps does not meet the Part 259 definition of container (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
08/23/1990TREATMENT STANDARDS AND THE BEVILLE EXCLUSIONMemo
 Description: Waste with technology land disposal restrictions (LDR) treatment standard must be treated to that standard. If the method is incineration (INCIN), the waste must be treated in an incinerator subject to Part 264 Subpart O or Part 265 Subpart O. Restricted wastes sent to a Bevill device or a BIF is still subject to LDR notification. Discusses a proposal to determine if resides from the co-processing of Bevill raw materials and hazardous waste remain excluded (SUPERSEDED: see Section 266.100).
 
08/08/1990APPLICABILITY OF MEDICAL WASTE REGULATIONS TO INCONTINENCE PRODUCTSMemo
 Description: Waste from the treatment of incontinence is not specifically designated as medical waste but may be regulated when it is contaminated with blood or other regulated body fluids (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
07/17/1990SPLIT SHIPMENTS OF REGULATED MEDICAL WASTEMemo
 Description: EPA cannot approve procedure for splitting load of regulated medical waste. The transporter must deliver entire quantity to the intermediate handler or destination facility listed on the tracking form or the next transporter (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
07/15/1990Environmental Fact Sheet: Agency Releases Report to Congress on Special Wastes from Mineral ProcessingPublication
 Description: This fact sheet presents the EPA Report to Congress regarding 20 mineral processing wastes generated by 91 facilities in 29 states. The report characterizes and presents finding for each waste and solicits comments on findings. The Agency proposes to ban elemental phosphorus slag in construction and/or land reclamation because of radioactivity levels.
 
07/11/1990APPLICABILITY OF EXCLUSION FOR REGULATED MEDICAL WASTE THAT HAS BEEN TREATED AND DESTROYEDMemo
 Description: Part 259 does not contain medical waste disposal standards (SUPERSEDED: see 60 FR 33912; 6/29/95). Encapsulation does not meet the destruction requirement.
 
07/11/1990APPLICABILITY OF PART 259 TO WASTES GENERATED FROM THE PRODUCTION OR TESTING OF PRODUCTS CONTAINING BIOLOGICALS OR BODY FLUIDSMemo
 Description: Wastes from the production or testing of diagnostic test kits and pharmaceuticals that contain biologicals or body fluids are regulated medical waste (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
07/10/1990APPLICABILITY OF PART 259 TO WASTES GENERATED IN THE TESTING OF BIOLOGICALS AND PHARMACEUTICALSMemo
 Description: Certain cytotoxic drugs are listed hazardous waste. Medical product testing (e.g., biologicals such as vaccines and cultures, and pharmaceuticals such as antibiotics and eye drops) may generate regulated medical waste. Compaction is not destruction. Liquid wastes disposed through a sewer are not subject to Part 259 (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
07/02/1990SHARPS ARE CLASS 4 REGULATED MEDICAL WASTEMemo
 Description: EPA does not have the authority to approve medical treatment technologies and does not endorse specific commercial products. Containment and/or management of medical waste at point of generation is regulated by OSHA (SEE ALSO: 60 FR 33912; 6/29/95).
 
06/27/1990SECONDARY MATERIALS RECYCLED IN PHOSPHORIC ACID RECIRCULATING SYSTEMSMemo
 Description: Corrosive (D002), low-volume secondary materials (e.g., precipitates and spilled materials) that are recycled in a phosphoric acid plant’s recirculating water systems may cause entire system to be regulated if there is continued circulation of corrosive secondary materials.
 
06/24/1990NO TECHNICAL STANDARDS FOR SHARPS CONTAINERSMemo
 Description: Discussion of OSHA jurisdiction over medical waste management within facilities versus EPA jurisdiction over disposal. EPA has established performance standards for leak- and puncture-resistant containers, rather than test methods (SEE ALSO: 60 FR 33912; 6/29/95).
 
06/21/1990IMPACT OF THE MEDICAL WASTE REGULATIONS ON THE AGRICULTURAL INDUSTRYMemo
 Description: Wastes generated during agricultural activities (e.g., treatment of animals and production or testing of biologicals) which meet the definition of regulated medical waste are subject to Part 259 (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
06/21/1990REGULATION OF ANIMAL CARCASSES UNDER PART 259Memo
 Description: Animal carcass suspected of harboring infectious disease (e.g., rabies) is regulated medical waste when disposed (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
06/18/1990MAILING SHARPS UNDER THE MEDICAL WASTE PROGRAMMemo
 Description: Discussion of the general packaging and labeling requirements for treated versus untreated medical waste. Discussion of the transporter exemption when mailing sharps through USPS (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
05/30/1990IRON AND STEEL SLAGS, REGULATORY STATUSMemo
 Description: Iron and steel slags is exempt from RCRA regulation under the Bevill mining and mineral processing exclusion even when used in a manner constituting disposal (SEE ALSO: Section 266.20(c); 59 FR 67256; December 29, 1994).
 
05/11/1990APPLICABILITY OF MEDICAL WASTE REGULATIONS TO INCONTINENCE PRODUCTSMemo
 Description: Items used in the treatment of incontinence are not specifically listed as regulated medical waste. They may be regulated if contaminated with blood or other regulated body fluids, or if contaminated with fluids from humans with highly communicable diseases.
 
05/09/1990CHEMICAL WEAPON AGENT RELEASEMemo
 Description: Human remains and personal effects contaminated with chemical weapons are considered exempt household hazardous waste. Medical waste regulations exclude human corpses, remains, and anatomical parts that are intended for interment or cremation (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
05/07/1990APPLICABILITY OF MEDICAL WASTE REGULATIONS TO INCONTINENCE PRODUCTSMemo
 Description: Waste from the treatment of incontinence is not specifically designated as a medical waste, but may be regulated if contaminated with regulated medical waste (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
05/01/199040 CFR SECTION 261.4(C): HAZARDOUS WASTES WHICH ARE EXEMPTED FROM CERTAIN REGULATIONSQuestion & Answer
 Description: The exclusion for manufacturing process units, associated non-waste treatment units, or product/raw material storage tanks does not apply to units, such as heat exchangers (K050), that are disassembled and shipped off-site for cleaning.
 
04/22/1990MEDICAL WASTE GENERATED DURING EMERGENCY MEDICAL SERVICESMemo
 Description: Regulated and non-regulated medical waste (MW) packaged together is subject to Part 259. Waste segregation is encouraged, not required. MW generated during emergency medical services is regulated MW. Discussion of the SQG exemption;. Unused glass vacuum tubes are not regulated MW (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
04/20/1990MEDICAL WASTE TREATMENT AND DESTRUCTION EXCLUSIONMemo
 Description: There is no EPA authority to approve and/or disapprove medical waste treatment technologies. Medical waste that has been both treated and destroyed is no longer subject to tracking requirements. Chemical disinfection followed by encapsulation in plastic bottle is insufficient (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
04/20/1990PACKAGING REQUIREMENTS FOR SHARPSMemo
 Description: Medical waste packaging requirements for sharps (Class 4) are performance standards. A corrugated box may not meet all packaging requirements. The objective is to ensure containment without leakage or release and to provide flexibility in meeting standards (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
04/16/1990EXCLUSION FOR REGULATED MEDICAL WASTE RESIDUES FROM TREATMENT AND DESTRUCTION PROCESSES- DESTRUCTION CRITERIONMemo
 Description: Medical waste is subject to regulation until it has been both treated and destroyed. Discussion of the definition of destroyed medical waste (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
04/12/1990EXCLUSION FOR REGULATED MEDICAL WASTE RESIDUES FROM TREATMENT AND DESTRUCTION PROCESSESMemo
 Description: Autoclaving is treatment, not destruction. Discarded test kits from QA/QC procedures with biologicals or body fluids are medical waste (MW). Almost all cultures/stocks from a medical or pathological lab are regulated MW. Infectious agents include some Center for Disease Control (CDC) etiological agents (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
04/09/1990COAL ASH AS A SOLID WASTEMemo
 Description: EPA supports the beneficial use of coal ash (exempt under Section 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes) through Federal procurement guidelines and the use of fly ash as a stabilizing medium in setting land disposal restrictions (LDR) treatment standards. RCRA defines coal ash as a solid waste. States may regulate coal ash more stringently.
 
04/06/1990RETORTED OIL SHALE AND COAL FLY ASHMemo
 Description: Discusses the determination that coal combustion waste streams generally do not exhibit hazardous characteristics. No federal regulations specific to oil shale, but EPA is in the process of developing Subtitle D guidance known as Strawman.
 
03/15/1990BERYL PLANT AND RAFFINATE DISCARD CLASSIFICATIONMemo
 Description: Bevill exempt beneficiation operations include crushing, grinding, solvent extraction, and stripping. Melting that resembles smelting is a processing operation. All steps following the initial processing step are considered processing operations.
 
03/05/1990INTERPRETATIONS OF THE EPA MEDICAL WASTE REGULATIONS (NUMBERS 36-49)Memo
 Description: Medical waste Qs and As, fifth set (wastes from screening procedures; items used in preparation of corpses; artificial body parts; implants; radiopharmaceuticals may be dually regulated; syringes; culture dishes; contracting as a group; no definition of health-care facility)(SUPERSEDED: see 60 FR 33912; 6/29/95).
 
03/02/1990MEDICAL WASTE PROJECT-SPECIFIC GRANT PROPOSALSMemo
 Description: List of state medical waste project-specific grant proposals (list of grants by state) (SEE ALSO: 60 FR 33912; 6/29/95).
 
03/01/1990DEFINITION OF REGULATED MEDICAL WASTE APPLICABLE TO INTRAVENOUS BAGS GENERATED BY VETERINARIANSQuestion & Answer
 Description: Veterinarian’s spent intravenous (IV) bags are regulated medical waste (RMW).Residues from the treatment and destruction of regulated medical waste are excluded from the definition of regulated medical waste. Cutting IV bags into strips so that they are no longer recognizable as regulated medical waste is not adequate treatment (SUPERSEDED: see 60 FR 33912; June 29, 1995).
 
03/01/1990ON-SITE INCINERATION OF MEDICAL WASTE GENERATED OFF-SITE BY GENERATORS OF LESS THAN 50 POUNDS PER MONTHQuestion & Answer
 Description: Hospitals incinerating medical waste from off-site generators of less than 50 pounds of medical waste per month need to comply with Part 259, Subpart G, but are not subject to Part 259, Subpart I (SUPERSEDED: see 60 FR 33912; June 29, 1995).
 
02/27/1990APPLICABILITY OF MEDICAL WASTE REGULATIONSMemo
 Description: Roll-off receptacles meet medical waste packaging requirements in 259.41(a), but not container requirements for sharps and fluids (e.g., single secondary receptacle). Each package must be labeled with shipment date. Discussion of paperwork requirements (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
02/27/1990REGULATION OF DISPOSABLE DENTAL INSTRUMENT TRAYS AS MEDICAL WASTEMemo
 Description: Disposable dental instrument trays could be regulated medical waste if contaminated with blood or isolation wastes. If the trays are recycled into a new product, they may be exempt at the point of recycling. Generators of regulated medical waste to be recycled must track the items to the recycling facility (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
02/15/1990Environmental Fact Sheet: The Facts About Plastics in the Marine EnvironmentPublication
 Description: Presents EPA's Report to Congress on methods to manage and control plastic wastes. Identifies plastics found in the marine environment and their sources. Includes problems caused by plastic wastes. Major impacts are entanglement and ingestion by marine animals and aesthetic and economic losses caused by lost fishing gear and by litter on beaches.
 
02/15/1990Environmental Fact Sheet: The Facts on Recycling PlasticsPublication
 Description: Explains EPA's Report to Congress on methods to manage and control plastic wastes. Plastics used in consumer products are technically recyclable, but collection, separation, and cleaning of products have proven to be difficult and sometimes expensive. Less than one percent of plastics currently are being recycled.
 
02/02/1990APPLICABILITY OF EXCLUSION FOR REGULATED MEDICAL WASTE THAT HAS BEEN TREATED AND DESTROYEDMemo
 Description: Breaking the needle from a syringe, removing the nipple from a syringe barrel, and separating the plunger from the syringe barrel are not adequate destruction methods for medical waste (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
02/01/1990EXCULTION FOR REGULATED MEDICAL WASTE RESIDUES THAT HAVE BEEN TREATED AND DESTROYEDMemo
 Description: Autoclaving is legitimate treatment but not a legitimate destruction method;. Generators who treat and destroy on-site must comply with the Part 259 storage requirements before treatment/destruction. A QA/QC performed on test kits may generate regulated medical waste. Discussion of microorganisms (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
01/16/1990REGULATION OF RADIOPHARMACEUTICALS UNDER THE MEDICAL WASTE TRACKING ACTMemo
 Description: Radioactive decay is treatment of radioactive component of radiopharmaceutical but is not treatment of the infectious portion. A facility that recovers residual radiopharmaceutical materials is an intermediate handler (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
12/26/1989INTERPRETATIONS OF THE EPA MEDICAL WASTE REGULATIONS (NUMBERS 24-39)Memo
 Description: Medical waste Qs and As, fourth set (numbers 24-35: syringes in integral sheaths; compaction; stocks of infectious agents; preprinted tracking forms; no storage time limit; hazardous waste-medical waste mixture; regulated medical waste containing radioactive waste subject to Nuclear Regulatory Commission and Part 259) (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
11/02/1989INTERPRETATIONS OF THE EPA MEDICAL WASTE REGULATIONS (NUMBERS 15-23)Memo
 Description: Medical waste Qs and As, third set (numbers 15-23: highly communicable diseases such as smallpox, Lassa fever; no storage time limit; specimens from anatomy class; animal carcass exposed to zoonotic agent; body fluids; discarded catheter bag; medical waste from emergency health care) (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
10/31/1989APPLICABILITY OF EXEMPTION FOR REGULATED MEDICAL WASTE THAT HAS BEEN TREATED AND DESTROYEDMemo
 Description: Applicability of Part 259 to waste pucks from syringe disposal system. Only waste that has been treated and destroyed is no longer regulated medical waste (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
10/20/1989PATIENT ROOM WASTE V. REGULATED MEDICAL WASTEMemo
 Description: Patient room waste in hospitals is not generally regulated medical waste if segregated from waste such as intravenous bags and items saturated with blood, unless patient is in isolation due to infection with highly communicable disease (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
10/17/1989SHARPS MAILING EXEMPTIONMemo
 Description: Generators must use the USPS registered mail return receipt requested system to qualify for the sharps mailing exemption. The exemption applies to generators in covered states who generate less than 50 pounds/month and ship less than 50 pounds of regulated medical waste per shipment (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
10/01/1989MEDICAL WASTE: REGULATED MEDICAL WASTE DEFINITIONQuestion & Answer
 Description: Unused sharps from assembly factory sent for disposal are not regulated medical waste. Medical waste must be generated in diagnosis, treatment, or immunization of human beings or animals, or in research or biological testing (SUPERSEDED: medical waste tracking program no longer in effect - See 60 FR 33912; June 29, 1995).
 
10/01/1989NOTIFICATION REQUIREMENTS FOR NEW WASTES NOT COVERED BY THE BEVILL EXCLUSIONQuestion & Answer
 Description: RCRA Section 3010 for re-notification is not required for handlers of formerly exempt Bevill wastes.
 
09/12/1989APPLICABILITY OF THE MEDICAL WASTE REGULATIONS TO PLACENTA MATERIAL THAT IS PROCESSED AND USED FOR LIFE SUPPORT PURPOSESMemo
 Description: Organs and blood processed into patient care materials or used in transplants are not discarded materials, and so are neither solid wastes nor regulated medical wastes (SEE ALSO: 60 FR 33912; 6/29/95).
 
09/12/1989EXCLUSIONS FOR K-WASTES DENIED (LACLEDE STEEL)Memo
 Description: Iron sulfate by-product reclaimed from K062 that is used as an effective substitute for a CCP becomes an unregulated product unless it is to be used on the land. If it is used in a manner constituting disposal, it must meet the land disposal restrictions (LDR) treatment standards prior to placement on the land. K062 that is reclaimed is not eligible for the 261.4(a)(7) exclusion because this activity does not involve the production of virgin sulfuric acid. K062 that is being reclaimed before reuse is not eligible for the 261.2(e) exclusion from the definition of solid waste. Closed-loop recycling only applies to wastes that are piped, not trucked. Secondary materials stored in a closed-loop system are not solid wastes, however, wastes from the management of these secondary materials are solid wastes and are subject to Subtitle C. Non-product residues derived from K062 reclamation are still K062.
 
09/05/1989INTERPRETATIONS OF THE EPA MEDICAL WASTE REGULATIONS (NUMBERS 8-14)Memo
 Description: Medical waste Qs and As, second set (numbers 8-14: recordkeeping requirements, glass intravenous (i.v.) bottles; containers holding blood products; plastic i.v. bags; pleural fluid containers; discarded specimen container; disposable razors; feminine hygiene products; body parts) (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
08/28/1989RECORDKEEPING FOR ON-SITE INCINERATORS OF MEDICAL WASTEMemo
 Description: Using the weight-averaging method to estimate the quantity of a regulated medical waste incinerated is acceptable for incinerator recordkeeping. Records should indicate incinerated quantity, by weight (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
07/31/1989INTERPRETATIONS OF THE EPA MEDICAL WASTE REGULATIONS (NUMBERS 1-7)Memo
 Description: Medical waste Qs and As, first set (numbers 1-7: cotton swabs used in throat cultures; disposable specula; surgical dressings; defective unused syringes; compaction is not destruction; compaction during packaging is legitimate) (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
07/24/1989CLARIFICATION OF THE FEDERAL MEDICAL WASTE REGULATIONSMemo
 Description: No compaction or mechanical stress is allowed during the loading, unloading, or transit of medical waste. Compaction is allowed during packaging.
 
07/18/1989DATA COLLECTION UNDER THE MEDICAL WASTE TRACKING ACTMemo
 Description: List of EPA's data sources for first interim Report to Congress on Medical Waste Tracking Act. Discussion of the EPA strategy for evaluating the efficacy of demonstration program.
 
07/01/1989MEDICAL WASTE GENERATORSQuestion & Answer
 Description: Medical waste generator responsibilities for maintaining incineration logs and submitting reports (SUPERSEDED: no longer in effect, Part 259 removed from 40 CFR; See 60 FR 33912; June 29, 1995).
 
06/06/1989CLARIFICATION OF THE BOUNDARIES OF THE OIL FIELD RCRA EXEMPTIONMemo
 Description: Provides three criteria to be used when determining whether wastestreams qualify for the Bevill oil field exemption. Gas plant cooling tower cleaning wastes are not exempt because they are not intrinsically derived from the primary field operations for natural gas production. Cooling tower blowdown is exempt.
 
05/01/1989MEDICAL WASTE - HOUSEHOLD MEDICAL WASTEQuestion & Answer
 Description: Medical waste generated in private homes by health care providers is exempt household hazardous waste, even when removed from the home and transported to a physician’s place of business (SEE ALSO: 60 FR 33912; 6/29/95).
 
04/27/1989APPLICABILITY OF MEDICAL WASTE TRACKING REGULATIONS FOR INDUSTRIAL FURNACESMemo
 Description: Ash from incinerating regulated medical waste is no longer subject to Part 259. Lime and cement kilns may qualify as destination facility, treatment and destruction facility (SEE ALSO: 60 FR 33912; 6/29/95).
 
04/10/1989SCOPE OF WASTES COVERED UNDER THE MEDICAL WASTE TRACKING PROGRAMMemo
 Description: Discussion of the EPA rationale for regulating certain categories of medical waste pursuant to the Medical Waste Tracking Act of 1988, while excluding others (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
03/20/1989REGULATION OF BODY FLUIDSMemo
 Description: Discussion of a clarification of the Part 259 coverage of body fluids (human blood and blood products, and human pathological waste).
 
03/15/1989MEDICAL WASTE DEMONSTRATION TRACKING PROGRAMMemo
 Description: EPA plans to establish a two-year medical waste demonstration tracking program. Studies indicate a low incidence of disease transmission due to environmental exposure to medical waste (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
02/17/1989MEDICAL WASTE - DISPOSAL AT SEAMemo
 Description: Discussion of disposal of medical waste at sea from Navy ships (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
02/09/1989MINERAL PROCESSING FACILITIES, REPORT TO CONGRESSMemo
 Description: Pursuant to 8002(p), EPA is conducting a national survey on large-volume mineral processing wastes (SEE ALSO: current 261.4(b)(7)(i)-(xx) Bevill exemption for mining and mineral processing wastes). A response to the survey is required under 3001 and 3007 of RCRA. A failure to respond may result in fines or penalties under 3008.
 
02/07/1989DROSS FROM ALUMINUM SMELTING USED IN MANUFACTURE OF CEMENTMemo
 Description: The 261.4(b)(7) Bevill exclusion covers wastes from processing ores when the feedstock to smelter is greater than 50% ore or mineral. Feedstock of greater than 50% scrap aluminum would not qualify. Aluminum dross is a by-product. Discussion of use of dross in the manufacture of cement as reclamation. If cement or aluminum dross by-product will be placed on the land or in a product that will be placed on the land, the material is a solid and hazardous waste subject to Part 266, Subpart C and must meet land disposal restrictions (LDR) treatment standards. Discussion of sham recycling (SEE ALSO: 63 FR 28556; 5/26/98).
 
02/03/1989TRACKING OF MEDICAL WASTE SHIPMENTS ORIGINATING OUTSIDE COVERED STATES Memo
 Description: Medical waste that is brought into a covered state is presumed to be subject to Part 259 unless transporter can document that the waste originated in a noncovered state (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
02/01/1989DRIP GAS EXCLUSIONQuestion & Answer
 Description: Drip gas collected from lines associated with the movement of natural gas on site is excluded. Drip gas collected from lines used for off-site movement is not excluded. Addresses the criterion for determining whether a particular waste is generated from on-site or off-site movement (SEE ALSO: RPC# 7/1/93-01).
 
01/17/1989RESPONSE FROM THE OFFICE OF SOLID WASTE TO THE COAST GUARD REGARDING THEIR QUESTIONS ON MEDICAL WASTEMemo
 Description: Medical waste is a solid waste and is subject to Subtitle D regulation, or if hazardous, to Subtitle C. EPA is developing a medical waste program pursuant to the Medical Waste Tracking Act. Medical waste also covered by the CWA, Ocean Dumping Act, and MARPOL (for plastics) (SEE ALSO: 60 FR 33912; 6/29/95).
 
01/01/1989ORE AND MINERAL EXTRACTION, BENEFICIATION AND PROCESSING EXCLUSION APPLICABILITYQuestion & Answer
 Description: Because Whitmore grease is not unique to mining operations, waste grease from the beneficiation of taconite ore would not be exempt under the Bevill mining and mineral processing exclusion at 261.4(b)(7).
 
11/21/1988CLARIFICATION REGARDING THE SCOPE OF THE EXEMPTION FOR LARGE VOLUMES OF WASTES GENERATED AT EXPLORATION AND PRODUCTION FACILITIESMemo
 Description: Acidic wastewater, field waste liquids, waste cement, waste lubricants, hydraulic fluids, motor oil and paint, waste solvents from equipment maintenance, and waste from truck cleaning operations are not exempt oil and gas wastes.
 
09/01/1988OIL AND GAS EXCLUSION APPLICABILITYQuestion & Answer
 Description: Wastes from subsurface natural gas storage and retrieval are exempt from hazardous waste regulation. Wastes associated with manufacturing or transportation are not exempt. Wastes generated at a gas storage facility that are not uniquely associated with the retrieval process are not exempt.
 
07/29/1988CEMENT KILN DUST WASTEMemo
 Description: Cement kiln dust (CKD) is not a hazardous waste (SEE ALSO: 60 FR 7366; 2/7/95). A mixture of exempt cement kiln dust with corrosive liquid (D002) will result in a nonhazardous waste if the mixture no longer exhibits any characteristic (SEE ALSO 261.3(d)(1)). Mixing is considered treatment. No permit is required for treatment performed in generator accumulation tanks subject to 262.34.
 
06/01/1988CEMENT KILN DUST WASTE EXCLUSIONQuestion & Answer
 Description: Only waste that is directly from a cement kiln is excluded by 261.4(b)(8) (SEE ALSO: 60 FR 7366; 2/7/95). Wastes from the crushing of limestone or other preparatory operations would not meet the exclusion. Limestone crushing is beneficiation of a mineral under the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes.
 
03/30/1988SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: Samples taken from turbid groundwater may not be valid. Proper well development requires that wells be clay and silt free. Discusses the use of polyvinyl chloride (PVC) in well construction, the calculation of purge volume, and Part 264, Appendix IX. An accelerated groundwater monitoring schedule can be used to bring a facility into compliance. The maintenance of a groundwater monitoring network may include the redevelopment of a well. Well maintenance should be included as a permit condition. Replacement units (e.g. landfills and surface impoundments) must be retrofitted to meet the minimum technological requirements. If a proposed alternative to a double liner does not meet the requirements of 264.221(c), the location characteristics or operating practices must compensate for the deficiency. A redundant flexible membrane bottom liner may be equivalent to the 3004(o)(5)(B) interim statutory design, thus meeting the 3004(o)(1) minimum technological requirements. Addresses the use of the Hydrologic Evaluation of Landfill Performance (HELP) model v. Moore’s Equation for calculating leachate volume when designing a collection system, the proposed modifications to the cap design to reduce erosion potential, and the use of a test plot to support alternative landfill design cover. A high-density polyethylene liner must be supported by a stable base. An owner of a petroleum refinery undertaking a land treatment demonstration must fully characterize the waste, including addressing the Skinner List constituents in the waste analysis plan. A properly conducted land treatment demonstration should include an evaluation of the waste degradation, transformation, and immobilization, as well as a toxicity study. A land treatment unit cannot accept sludges containing high concentrations of water if the soil moisture conditions cause saturation of the unit. Discusses the selection of principal hazardous constituents for a land treatment unit. An owner of a land treatment unit who has not demonstrated satisfactory treatment of hazardous constituents may need to close the unit. Addresses the presence of a high water table at a land treatment unit and the possible responses. An owner of an existing interim status land treatment unit may be eligible for an immediate full-scale permit if the land treatment demonstration addresses all of the necessary requirements. In states that are authorized for the RCRA base program but not for the HSWA provisions, construction cannot begin at a new facility until both the state and EPA permits are issued. The land disposal restrictions (LDR) program is a self-implementing portion of HSWA, superseding the permit as a shield provision. Permit content should be edited for applicability, importance, clarity, and precision prior to issuance. A minimum detection limit (MDL) can be used to establish background as a groundwater protection standard. Any component required in a RCRA facility investigation (RFI), such as monitoring releases not requiring immediate response, should be included as a permit condition. Monitoring wells installed as part of a HSWA corrective action may be designated as point of compliance wells. Permits containing corrective action conditions for groundwater treatment programs must specify methods of handling groundwater containing hazardous waste and must include pumping and removal requirements. Air stripping may not be an appropriate treatment method for groundwater contaminated with methyl isobutyl ketone. A permit or 3008(h) order should address the air emissions from treatment units such as an air stripper. Includes criteria for the referral of facilities to the Agency for Toxic Substances aND DISEASE REGISTRY (ATSDR) UNDER 3019. Emerging technologies, such as in-situ bio-reclamation, should be demonstrated as effective in pilot-scale field studies prior to approval. 264 Subpart F compliance monitoring standards should be applied to the verification monitoring at solid waste management units (SWMUs) during corrective action. A HSWA corrective action pe
rmit may include a technical feasibility clause discontinuing the program once contaminant levels can no longer be reduced. EPA discourages the approval of a waiver allowing the disposal of nonhazardous waste in a landfill that has lost interim status.
 
01/26/1988ZINC OXIDE RECLAIMED FROM KILNSMemo
 Description: Discusses indigenous secondary materials (SEE ALSO: 266.100). Partially reclaimed K061 which must be reclaimed further is still a solid waste and is derived from K061. Kiln residue is not exempt because K061 is from primary steelmaking, not from the processing of ores and minerals. F006, F019, and K062 are not indigenous to zinc smelting. The 3004(u) authority applies to releases of Bevill wastes and to releases from pre-RCRA inactive units. Units holding product are not solid waste management units (SWMUs) unless routine and systematic releases occur. Addresses American Mining Congress (AMC) v. EPA. The status of dust from a kiln burning K061 could change when the BIF regulations are finalized (SEE ALSO: 261.3(c)(2)(iii)(C)(1) and 261.4(a)(11)) (SAME AS 9481.1988(01)).
 
01/25/1988NEW JERSEY ZINC COMPANY K061 STORAGE PILEMemo
 Description: A partially reclaimed waste that must be reclaimed further before it can be used as a product is still a solid and hazardous waste. Discusses the derived-from exemption for residue from processing K061, K062, and F006 in a high temperature metal recovery unit. Addresses American Mining Congress (AMC) v. EPA. The status of dust from a kiln burning K061 could change with the final BIF rule (SEE: 261.4(a)(11) and 261.3(c)(2)(iii)(C)(1)). Discusses indigenous secondary materials (SEE: 266.100). The 3004(u) corrective action authority applies to Bevill waste and releases from pre-RCRA inactive units. Units holding product are not solid waste management units (SWMUs) for purposes of 3004(u) unless routine and systematic releases occur (SAME AS 9444.1988(02a)).
 
10/08/1987DECISION DEADLINES FOR RETROFITTING WAIVER REQUESTSMemo
 Description: Interim status surface impoundment retrofit waivers are not necessary for units holding Bevill exempt mining and mineral processing wastes.
 
10/01/1987NATURAL GAS PIPELINE CONDENSATE AND ENERGY RECOVERYQuestion & Answer
 Description: Natural gas pipeline condensate can qualify as off-specification fuel and is thus exempt from the definition of solid waste when burned for energy recovery. Off-specification fuels are not by-products (SEE ALSO: RPC# 4/15/94-01).
 
09/15/1987BEVILL AMENDMENT APPLIED TO COAL GASIFICATION FACILITYMemo
 Description: The Bevill exemption for fossil fuel combustion wastes applies to controlled oxygen-starved coal combustion, if at least 50% of the fuel mix is coal. Coal gasification wastes qualify for the mining waste exclusion. Residues are excluded if they are derived from the treatment of wastes generated from Bevill exempt mining and mineral processing wastes.
 
09/01/1987TREATMENT OF INFECTIOUS WASTEQuestion & Answer
 Description: Provides an overview of the treatment methods for infectious wastes. While RCRA 1004 includes within the hazardous waste definition wastes with infectious characteristics, currently there are no federal regulations for infectious waste management (SEE ALSO: 60 FR 33912; 6/29/95).
 
07/02/1987INTERPRETATION OF RCRA HAZARDOUS WASTE DEFINITION FOR SLOP OIL EMULSION SOLIDSMemo
 Description: The K049 listing (slop oil emulsion solids) is not limited to skimmings from API separators.
 
05/26/1987PETROLEUM FACILITIES INCLUDED IN THE K051 LISTING FOR API SEPARATOR SLUDGEMemo
 Description: Sludge generated in an API separator at a facility that is not a petroleum refinery is not K051. K051 covers facilities in SIC 2911 that perform the distillation of crude oil and/or unfinished petroleum derivatives.
 
04/15/1987INDUSTRIAL FURNACES BURNING HAZARDOUS WASTES AND THE RESIDUALS GENERATED (LOUISIANA REG)Memo
 Description: The use constituting disposal regulations do not require that wastes be chemically bound or fixed; rather, regulations require that wastes have undergone chemical reaction so as to become inseparable by physical means. The Agency has no guidance as to the level of chemical reaction that must have occurred, but the waste must be chemically transformed and be an effective substitute for a commercial material. Residues from a kiln may be transformed. The Bevill exemption for mining and mineral processing wastes applies to waste, not to kilns which are not processing ores or minerals. The definition of solid waste rule (50 FR 614; 1/4/85) was promulgated pursuant to non-HSWA authority. Non-HSWA rules are not effective in base authorized states until the state revises its program. Louisiana is not authorized for the rule (SUPERSEDED: See 54 FR 48889; 11/28/89). The hazardous waste-derived fuel rule is a HSWA provision and is effective in all states, including Louisiana (SUPERSEDED: See 266.100).
 
03/17/1987RESIDUES FROM U.S. NAVY SALVAGE FUEL BOILERMemo
 Description: Ash from a U.S. Navy salvage fuel boiler plant is not eligible for the household hazardous waste exclusion. The Bevill exemption for fossil fuel combustion wastes includes ash generated from combustion of coal-waste mixtures where coal makes up more than 50% of the fuel mixture (SEE ALSO: see 266.112).
 
03/10/1987RCRA “SPECIAL STUDY’ WASTE DEFINITIONS AND SITES THAT REQUIRE ADDITIONAL CONSIDERATION PRIOR TO NPL PROPOSAL UNDER THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACTMemo
 Description: Fossil fuels must be 50% of the fuel mix to qualify for the Bevill fossil fuel combustion exemption. Provides a definition of extraction, beneficiation, processing, large volume waste, cement kiln dust, bottom, fly ash, boiler slag, and flue gas desulfurization sludge. Discusses the criteria and examples for the oil, gas exploration, and development exclusion.
 
01/13/1987OIL AND GAS EXPLORATION EXCLUSIONMemo
 Description: “Other wastes” include wastes that are intrinsically derived from the exploration, development, or production of crude oil, natural gas, or geothermal energy (3001(b)(2)). Explains “intrinsically derived from the primary field operation.” Discusses EPA’s four criteria for determining when a waste is exempt.
 
11/03/1986MINING WASTE EXCLUSION INCLUDING PRIMARY PROCESSING BUT NOT SUBSEQUENT STEPSMemo
 Description: The section 261.4(b)(7) Bevill exemption for mining and mineral processing wastes does not apply to subsequent shaping, alloying, or fabrication. A ceramic tile manufacture is not excluded.
 
10/20/1986STATE AUTHORIZATION TO REGULATE HAZARDOUS COMPONENTS OF RADIOACTIVE MIXED WASTESMemo
 Description: Until an authorized state is authorized for radioactive mixed waste, handlers of such wastes are not subject to RCRA. Mixed waste is a solid waste for purposes of corrective action. States applying for HSWA corrective action authorization must also get authorized for mixed waste.
 
09/16/1986MINING WASTE AS NON-HAZARDOUS WASTEMemo
 Description: EPA’s response to the governor of Wyoming regarding the Bevill exempt mining and mineral processing wastes and state programs.
 
07/16/1986MINING WASTE REGULATED UNDER SUBTITLE D RATHER THAN SUBTITLE CMemo
 Description: The regulation of mining waste under Subtitle C is not warranted. EPA planned to develop Subtitle D criteria for mining wastes excluded under the Bevill exemption for mining and mineral processing wastes (SEE ALSO: current 261.4(b)(7)).
 
07/01/1986MINING WASTE, K064, AND 3004(X)Question & Answer
 Description: Because K064 is no longer covered by the section 261.4(b)(7) Bevill exemption (3001(b)(3)) for mining and mineral processing wastes, EPA cannot use section 3004(x) to modify Subtitle C requirements for units holding K064.
 
06/16/1986RESIDUAL WATER DERIVED FROM AN EXEMPT WASTE (COAL ASH) IS EXEMPTMemo
 Description: Residual water that becomes corrosive (D002) from Bevill exempt fossil fuel combustion waste is also exempt. Residual water derived from an exempt waste is exempt.
 
06/10/1986MINING WASTE EXCLUSION FOR A FERROALLOY FACILITYMemo
 Description: Wastes from ferroalloy facility producing ferrosilicon (silvery iron) are not excluded under the section 261.4(b)(7) Bevill exemption for mining and mineral processing wastes. Metal scrap is neither an ore nor a mineral. If predominant input is a scrap steel or old batteries (battery) then the wastes from the facility are not excluded by section 261.4(b)(7).
 
05/23/1986LIME SLUDGE IMPOUNDMENT SLUDGE, DELISTING OFMemo
 Description: A lime sludge surface impoundment containing K049 and K051 may be subject to permitting and closure requirements even if no waste management occurs based on a Regional interpretation.
 
05/01/1986BY-PRODUCT CRUDE OIL TANK BOTTOMSMemo
 Description: Fuels produced at a refinery from crude oil tank bottoms are not solid wastes. Recyclable materials are hazardous waste that are recycled (SEE ALSO: 261.6(a)(3)(iii)). Crude oil tank bottoms are by-products (SEE ALSO: new K169 listing, added 63 FR 42110; 8/6/98). Tank bottoms being refined into fuel are solid wastes, subject to regulation before recycling (SEE ALSO: 261.4(a)(12)).
 
05/01/1986SMALL QUANTITY GENERATOR/PARTS WASHERS/WASTE COUNTINGQuestion & Answer
 Description: A parts washer leased from Safety-Kleen functions as a manufacturing process unit. The mineral spirits are not subject to regulation until they are removed from the unit. Mineral spirits are counted when removed from the unit or 90 days after the unit ceases operation (SUPERSEDED: See RPC# 12/1/86-01).
 
04/21/1986PRECIPITATION WHICH IS CORROSIVE DUE TO CONTACT WITH EXEMPT WASTES (COAL GASIFICATION ASH)Memo
 Description: Precipitation that becomes corrosive (D002) solely as a result of contact with Bevill exempt fossil fuel combustion wastes (such as coal gasification ash) is exempt since characteristic is derived from the exempt waste.
 
02/11/1986USED OIL AND OIL BEARING HAZARDOUS WASTE-DERIVED REFINERY PRODUCTSMemo
 Description: Hazardous waste-derived refinery products are exempted by section 261.6(a)(3)(iv) when both hazardous waste and used oil are introduced into the refining process. Such derived products are not used oils. Refinery products derived solely from used oil are not used oils.
 
02/11/1986USED OIL INTRODUCED INTO REFINERY PROCESS UNDER HAZARDOUS WASTE DERIVED REFINERY FUEL PRODUCTS EXEMPTIONMemo
 Description: Hazardous waste-derived refinery products are exempted by section 261.6(a)(3)(iv) when both the hazardous waste and the used oil are introduced into the refining process. Such derived products are not used oils. Refinery products derived solely from used oil are not used oils.
 
02/01/1986FOSSIL FUEL COMBUSTION WASTE EXCLUSIONQuestion & Answer
 Description: Quench water that becomes corrosive (D002) as a result of contact with ash from coal combustion is exempt under the section 261.4(b)(4) Bevill exclusion for fossil fuel combustion wastes since the characteristic is derived from exempt waste.
 
12/18/1985BATTERIES, SCRAP METAL, AND PRECIOUS METALSMemo
 Description: Spent lead-acid batteries (battery) are hazardous waste (HW) at generation. Generators, transporters, and persons who store (but not reclaim) batteries for reclamation not subject to regulation (SEE ALSO: Part 273). Discussion of recycled scrap metal with precious metals excluded (SEE ALSO: current 261.6(a)(3)(ii)). Precious metals reclaimed from HW and suitable for direct reuse or only need refining before reuse are products, not wastes.
 
10/03/1985APPROPRIATENESS OF THE EP/TCLP SIMULATION OF CO-DISPOSAL SITUATION FOR MINING WASTES; CHARACTERISTIC TESTS FOR DETERMINING THE HAZARDOUS CHARACTERISTICS OF MINING WASTESMemo
 Description: There is no determination on the appropriate tests used to identify mining or Bevill exempt mining and mineral processing wastes to be regulated as hazardous waste. TCLP is designed to simulate the leachability of industrial waste that is co-disposed with sanitary waste. Although the disposal scenario may be incompatible with mining waste disposal, similar generation of acids warrants TCLP or stronger. Mining wastes generate acidic leachate upon exposure to air.
 
10/01/1985MINING WASTE EXCLUSION REINTERPRETATIONQuestion & Answer
 Description: Wastes from secondary slag smelting operations, such as K069 and K100, are not exempt under 261.4(b)(7) Bevill exemption for mining and mineral processing wastes.
 
08/01/1985“SKINNER LIST”Question & Answer
 Description: An explanation of the “Skinner List” (SUPERSEDED: See RPC# 11/1/94-02).
 
07/01/1985K051 AND HSWA; K051 SLUDGE RE-USED ON-SITE, EXEMPTIONQuestion & Answer
 Description: Petroleum coke produced from on-site reuse of K051 is exempt from standards for hazardous waste fuel unless coke product exhibits characteristic per section 3004(q)(2)(A) (SEE ALSO: Section 261.4(a)(12)).
 
03/22/1985REGULATORY STATUS OF WASTE-DERIVED PETROLEUM PRODUCTSMemo
 Description: EPA does not wish to regulate petroleum products whose production involves reintroducing hazardous waste (HW) from refinery back into the refining process (SEE ALSO: 261.6(a)(3)(iv)). EPA will study the issue of oils recovered from refinery HW and returned to refining process (SEE ALSO: 261.4(a)(12)).
 
02/22/1985CLASSIFICATION OF A TANK AS A STORAGE UNIT OR AN OIL RECLAMATION UNITMemo
 Description: Discussion of regulated storage units where incidental reclamation of K048 and K049 takes place versus exempt oil reclamation units. Emulsion storage is subject to regulation before entering and after leaving the reclamation unit. Recovered oil is exempt when introduced into the refining process (SEE ALSO: 261.4(a)(12)).
 
02/22/1985SECONDARY SLUDGES FROM BIOLOGICAL TREATMENT OF REFINERY WASTEWATERSMemo
 Description: K048 does not apply to sludge generated by a dissolved air flotation (DAF) device used in secondary (biological) wastewater treatment systems.
 
02/04/1985METALS PRODUCTION WASTES, APPLICABILITY OF MINING WASTE EXCLUSION - COMBUSTION OF WASTES AS INCINERATIONMemo
 Description: Reduction and distillation producing zirconium, hafnium, and titanium sponges yields Bevill exempt mining and mineral processing wastes (SEE ALSO: 261.4(b)(7)). The formation of ingots from sponges does not yield excluded wastes. Shaping metal after it has been extracted from ore is not extraction, beneficiation, or processing. Smokehouse, crucible burn pots are incinerators.
 
01/01/1985POLLUTION CONTROL SLUDGE FROM TREATMENT OF MINING WASTE - EXCLUSIONQuestion & Answer
 Description: Pond sludge from the treatment of drainage from an active coal mine is exempt under the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes, even if it meets the definition of corrosivity. Pollution control residues from the treatment of mining wastes are exempt under 261.4(b)(7).
 
12/07/1984OILY WASTEWATER TREATMENT PONDS, PERMITTING COVERAGE OFMemo
 Description: The regulatory status of and options for permitting and managing oily sludges generated in refinery wastewater treatment ponds and surface impoundments is discussed (SUPERSEDED: see 261.31, F037 and F038 listings).
 
12/07/1984OIL/WATER EMULSIONS GENERATED BY PETROLEUM REFINERY WW SYSTEMS-K049 WASTEMemo
 Description: Slop oil emulsion solids (K049) are generated in the first vessel where the emulsion stratifies. Oil reclaimed in slop oil/oil recovery systems is not a hazardous waste (SEE ALSO: 261.4(a)(12)). Emulsion breaking in surface impoundments/earthen devices is considered storage. Non-reclaimed emulsion is a hazardous waste even if it is reclaimable. Storage not directly related to the reclamation process needs a permit.
 
10/01/1984SOLVENT WASTES USED TO CLEAN EQUIPMENTQuestion & Answer
 Description: Solvents used to clean equipment from the extraction, beneficiation, and processing of ores and minerals are not directly associated with these activities and do not qualify for the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes.
 
08/16/1984COAL/FOSSIL FUEL COMBUSTION WASTES EXCLUDED FROM SUBTITLE C PENDING FURTHER STUDYMemo
 Description: Fly ash waste, bottom ash waste, slag waste, and flue gas emission control dust, is excluded under the Bevill exemption for fossil fuel combustion wastes until studied. Even though EPA’s study has focused on coal-fired electric utilities, wastes from the combustion of coal, oil, or natural gas from any source are excluded (SEE ALSO: 56 FR 7134; 2/21/91; 58 FR 42468; 8/9/93).
 
08/15/1984MINERAL PROCESSING RESIDUALS FROM COMBUSTION UNITS BURNING HAZARDOUS WASTE FUELMemo
 Description: Heating shale to produce lightweight aggregate is beneficiation, and therefore, wastes from this process are excluded by the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes. Use of hazardous waste fuels does not preclude the 261.4(b)(7) or 261.4(b)(8) (cement kiln dust (CKD)) exclusion. Burning for energy recovery is treatment. Wastes derived from recycled waste are still listed (SEE ALSO: 66 FR 27266; 5/16/01). The mixture-rule de minimis exemption at 261.3(a)(2)(iv) only applies if solvents are commingled with process wastewaters as part of routine housekeeping procedures. The exemption is not applicable to sludges mixed with wastewater or sludges that generate wastewaters.
 
08/01/1984UNDETONATED EXPOSIVES, DISPOSAL OF OFF-SPECIFICATIONQuestion & Answer
 Description: The disposal of off-specification, undetonated explosives used in oil exploration is not covered under the 261.4(b)(5) Bevill exclusion.
 
07/01/1984PRODUCED WATERS FROM NATURAL GAS EXPLORATION - EXCLUSIONQuestion & Answer
 Description: A water-methanol mixture used to prevent wellheads from freezing qualifies for the 261.4(b)(5) exclusion when discarded.
 
07/01/1984RECYCLING BAGHOUSE DUSTQuestion & Answer
 Description: Baghouse dust from an incinerator that burns non-fossil fuels is hazardous if it is characteristic. Dust that is not excluded under the 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes is considered a sludge for purposes of the recycling regulations.
 
07/01/1984SMELTER SLAGQuestion & Answer
 Description: Smelter slag does not qualify for the 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes, but it may qualify for the 261.4(b)(7) exemption for the processing of ores and minerals.
 
06/01/1984AQUEOUS SOLUTION FROM COAL FLUE GAS EMISSIONS ARE EXEMPTQuestion & Answer
 Description: Emission control wastes from flue gas desulfurization are exempt under the 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes.
 
05/09/1984MINING LABORATORY WASTES UNDER 40 CFR 261.4(B)(7) - EXCLUSION OFMemo
 Description: Mining laboratory wastes (nitric acid and fire assay cupels) are excluded by the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes (SUPERSEDED: see current 261.4(b)(7)).
 
04/03/1984LAND TREATMENT PERMIT APPLICATIONS - REFINERY WASTE ANALYSES GUIDANCEMemo
 Description: Appendix VIII constituents are to be used for petroleum waste delistings and land treatment unit permit applications. Discussion of the original "Skinner List" (SUPERSEDED: see RPC# 11/1/94-02).
 
04/01/1984API SEPARATOR WASTEWATER AND SLUDGEQuestion & Answer
 Description: Wastewater from an API separator is not hazardous if it is not characteristic. Sludge precipitated from this wastewater in a surface impoundment is K051. Solids from filtering such wastewater are K051. The definition of an API separation system is discussed.
 
04/01/1984EFFLUENT FROM API SEPARATORQuestion & Answer
 Description: Supernatant from an API separator is not K051. Separation is not mixing. EPA is reevaluating its policy on run-off from active portions of hazardous waste management units.
 
04/01/1984WASTE FROM CLEANING DRILLING EQUIPMENTQuestion & Answer
 Description: Water used to steam-clean oil and gas drilling equipment off site is excluded under 261.4(b)(5). Solvent used to clean equipment is not excluded because it is not uniquely associated with the industry.
 
07/05/1983PHOSPHATE AND GAS PROCESSING INDUSTRY WASTESMemo
 Description: In 1983, gypsum was excluded as a Bevill-exempt mining and mineral processing waste, but the Agency was considering regulation at a later date (SEE ALSO: 261.4(b)(7) - gypsum from the processing of phosphate rock is not listed as exempt in 261.4(b)(7)). Discusses the regulation of Radium 226.
 
05/25/1983OIL AND GAS EXEMPTION IN 3001(B)(2)(A) OF RCRA: IRON SPONGE PROCESSMemo
 Description: A waste iron sponge used to sweeten (remove hydrogen sulfide) natural gas at a natural gas processing plant is not excluded from the definition of hazardous waste by the 3001(b)(2)(A) exemption for exploration, production, and development wastes. Provides a general description of the natural gas production process.
 
04/19/1983SUBTITLE C EXCLUSION OF DRILLING FLUIDS AND PRODUCED WATERSMemo
 Description: The exploration, development, or production (EDP) exclusion applies only to wastes that are uniquely associated with crude oil, natural gas or geothermal energy EDP. Spent solvents, pesticide wastes, and discarded CCPs that are not uniquely associated are not excluded (similar to Bevill policy on mining and mineral processing at 261.4(b)(7) or cement kiln dust exclusion at 261.4(b)(8)) (SEE ALSO: 63 FR 28556; 5/26/98).
 
06/06/1981K052 LISTING FOR WASTES GENERATED BY PETROLEUM INDUSTRYMemo
 Description: The K052 listing is limited to only those leaded tank bottoms that are generated at or as part of a petroleum refinery. Provides definition of petroleum refinery. Only those tanks that are directly part of a refinery and generate leaded bottoms are listed.
 
02/18/1981EPA REGULATION OF UTILITY WASTEMemo
 Description: The Bevill exemption for fossil fuel combustion wastes covers wastes from burning mix of fossil and alternative fuels, as long as the mix is at least 50% fossil fuels. The exclusion covers wastes from burning coal and hazardous waste, as long as mix is at least 50% coal (SUPERSEDED: see 266.112). "Primarily" means 50% fossil fuels. The exclusion covers wastes generated, mixed, co-disposed or co-treated with large-volume fossil fuel wastes. The exemption is restricted to wastes directly associated with combustion, steam generation or water cooling. Clarification of co-management (SUPERSEDED: See 58 FR 42466; 8/9/93).
 
01/13/1981FOSSIL FUEL COMBUSTION WASTE EXCLUSION IN 261.4(B)(4), FUEL MIXTURESMemo
 Description: Fossil fuels include coal, oil, and natural gas. “Primarily” means fossil fuels constitute 50% of the fuel. Wastes from the burning of coal and hazardous waste are excluded under the Bevill exemption for fossil fuel combustion (FFC) wastes if coal is >50% of the fuel. Boiler cleaning solutions, boiler blowdown, demineralizer regenerant, pyrites, and cooling tower blowdown are exempt if they are co-disposed or co-treated (SUPERSEDED: See 65 FR 32213, 32219; 5/22/2000). Activities that are not directly associated with FFC are not excluded (e.g., plant maintenance or construction). Combustion wastes that are specifically listed are not excluded. Boiler blowdown, boiler cleaning solutions, demineralizer regenerant, pyrites, cooling tower blowdown (hereinafter “other wastes”) disposed of or treated separately from FFC wastes or mixed with only small amounts of FFC waste are not exempt (SEE ALSO: 56 FR 7134; 2/21/91, 58 FR 42468; 8/9/93).
 
11/13/1980REFINERY WASTEWATERMemo
 Description: Non-listed refinery wastewater is hazardous waste if it is mixed with listed refinery waste (K048, K049, K051). The storage of K048 before recycling is regulated.
 
09/04/1980DRILLING OPERATIONS, EXEMPTION OF CERTAIN WASTE FROMMemo
 Description: The exclusion in 261.4(b)(5) applies to only oil, natural gas, or geothermal exploration. Similar wastes from other operations may be regulated if they are characteristic. Generators may apply knowledge in lieu of testing.
 
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