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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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02/26/2014COMPLIANCE WITH THE STORAGE REQUIREMENTS OF 40 CFR 265.17(A) AND 265.176 FOR IGNITABLE OR REACTIVE HAZARDOUS WASTEMemo
 Description: A large quantity generator (LQG) must comply with both 40 CFR 265.17(a) and Part 265, Subpart I, including the 50 foot boundary requirement for containers holding ignitable and reactive hazardous waste in 265.176. Section 265.176 is taken from the National Fire Protection Association’s (NFPA) Flammable and Combustible Code of 1977 (NFPA 30). If a LQG is able to comply with 265.17(a) but unable to comply with the 50 foot boundary requirement for the accumulation of ignitable and reactive hazardous waste in 265.176, EPA recommends that the generator work with the EPA regional office or state inspector to determine if the local fire department or fire marshal will provide a written waiver from having to comply with the 50 foot boundary requirement.
 
03/04/2008REGULATION OF CARBON ADSORPTION SYSTEMMemo
 Description: The operation of a carbon adsorption system associated with a RCRA 90-day accumulation tank that is exempt from permitting requirements pursuant to 40 CFR 262.34(a)(l)(ii) does not require a RCRA permit.
 
09/14/2001STORAGE OF TOXIC MATERIALS IN AMERICAMemo
 Description: The Solid Waste Disposal Act and subsequent amendments include provisions to regulate the generation, treatment, storage, and disposal of hazardous waste. In most cases, hazardous waste must be treated before being placed in a secure landfill. Hazardous waste disposal facilities must receive permits from EPA, which include security features.
 
02/01/2000Environmental Fact Sheet: Final Rule Promotes Metals Recovery from Waste Water Treatment Sludge (F006)Publication
 Description: This factsheet discusses the final rule to promote metals recovery from waste water treatment sludge (F006). EPA is encouraging metals recovery by allowing large quantity generators of F006 waste up to 180 days (or 270 days, if applicable) to accumulate F006 waste on site without a hazardous waste storage permit or interim status, provided that these generators meet certain conditions.
 
11/01/1999THE FEDERAL FACILITY COMPLIANCE ACT AND DOE MIXED WASTE STORAGEQuestion & Answer
 Description: Expiration of three-year delay in effective date of waiver of sovereign immunity for RCRA 3004(j) violations may not affect DOE facilities currently storing mixed waste. Under RCRA 3021(b), DOE was required to submit either to EPA or to state regulatory officials a site treatment plan for developing mixed waste treatment capacity and technologies. As of January 1997, all of the treatment plans for the 35 DOE sites storing mixed waste had been approved by the appropriate regulators.
 
06/01/1999Report on Emergency Incidents at Hazardous Waste Combustion Facilities and Other Treatment, Storage, and Disposal Facilities (TSDFs)Publication
 Description: This report provides a compilation of information on reported emergency incidents at hazardous waste combustion facilities and other RCRA TSDFs. It is limited to emergency incidents such as fires, explosions, hazardous waste spills or unauthorized releases of hazardous waste. The report covers the period from December 1977 through August 1995 with several incidents occurring before the enactment of RCRA.
 
10/23/1998PERMITTING OF CATALYZED ELECTROCHEMICAL OXIDATION PROCESSMemo
 Description: Non-thermal treatment process may qualify for generator exclusion from permitting provided the system meets the definition of a tank or container, complies with all applicable tank and container management standards, and treats waste generated on-site within the time periods specified in 262.34.
 
07/01/1998RCRA Organic Air Emission Standards for TSDFs and GeneratorsPublication
 Description: This document provides information about the requirements of RCRA organic air emission standards covered under 40 CFR Parts 264/265, subpart CC. It summarizes information about applicability, effective dates, tanks, surface impoundments, containers, miscellaneous units, inspection and monitoring requirements, and the difference between permitted and interim status facilities, and defines relevant terms.
 
04/01/1998BATTERY MANAGEMENT ACTIVITIES IN CONTAINMENT BUILDINGSQuestion & Answer
 Description: Owners and operators of containment buildings managing batteries that contain free liquids or treating batteries with free liquids must provide the containment building with secondary containment. Management that will release free liquids (e.g., the removal of electrolyte) will require secondary containment.
 
03/01/1998CONTRACTORS AND HAZARDOUS WASTE TRAINING REQUIREMENTSQuestion & Answer
 Description: Contractors who meet the definition of facility personnel working at a TSDF or LQG facility are held to the same standards as non-contract personnel and therefore must complete the appropriate training program.
 
02/01/1998STORAGE OF MIXED WASTE IN VIOLATION OF RCRA SECTION 3004(J) STORAGE PROHIBITIONQuestion & Answer
 Description: EPA enforcement policy states that commercial facilities storing mixed waste in violation of the RCRA 3004(j) storage prohibition due to a lack of available treatment or disposal capacity are considered to be of low enforcement priority if the waste is managed in a responsible manner. Discusses the applicability to federal facilities. The second and latest extension of the policy is due to expire April 20, 1998 (policy extended until October 31, 1998; see 63 FR 17414; 4/9/98) (SEE ALSO: 64 FR 63464; 11/19/99).
 
12/01/1997DEFINITION OF ""ANNUALLY"" FOR INTERIM STATUS TANK INSPECTIONSQuestion & Answer
 Description: Annual leak assessments for interim status hazardous waste storage tanks must be performed once every twelve (12) months, not once every calendar year. Leak tests must continue to be conducted within 12-month intervals of the most recent test until secondary containment is installed or the tank is closed.
 
09/01/1997CONTAINMENT BUILDINGS AS SECONDARY CONTAINMENTQuestion & Answer
 Description: Containment buildings may serve as secondary containment for LQG accumulation tanks if the building itself acts as a liner and meets the secondary containment provisions of Sections 264/265.193. Containment buildings need not meet the provisions of Parts 264/265, Subpart DD to be used as secondary containment for tanks.
 
09/01/1997GENERATOR STORAGE OF USED OILQuestion & Answer
 Description: Containers and tanks storing used oil do not need to comply with Parts 264/265, Subparts I or J, provided the used oil has not been mixed with a hazardous waste. Units other than tanks or containers (e.g., surface impoundments) storing used oil must be permitted or operating under interim status.
 
08/01/1997EMPTY CONTAINERS DEVELOPING PRESSUREQuestion & Answer
 Description: Containers of pressurized gas are considered empty when they reach atmospheric pressure. EPA does not intend to regulate containers that experience an incidental rise in internal pressure due to ambient environmental conditions (i.e., a temperature increase caused by the sun).
 
08/01/1997The National Biennial RCRA Hazardous Waste Report (Based on 1995 Data): List of Treatment, Storage, and Disposal Facilities in the United StatesPublication
 Description: This document presents information from EPA's 1995 Biennial Report, specifically providing a list of treatment, storage, and disposal facilities (TSDFs), including information on the nature, quantities and disposition of generated hazardous waste.
 
05/21/1997SUSPENSION OF RCRA PERMITTING AT COMMERCIAL MIXED WASTE FACILITIESMemo
 Description: EPA agrees to make a final decision on relief for mixed wastes from nuclear power plants by April 30, 2001. EPA recommends a temporary suspension of requests for and processing of Part B applications and the issuance of RCRA permits at interim status mixed waste storage facilities. The suspension only applies if a facility not otherwise subject to permitting. The suspension does not affect the storage prohibition enforcement policy (SEE ALSO: 64 FR 63464; 11/19/99).
 
04/11/1997PAINT RECYCLINGMemo
 Description: Paint or coating remixed and used for its intended purpose is not a solid waste. If paint is discarded, the generator must make a hazardous waste determination. Discarded paints generally are not listed wastes, but they may exhibit characteristics such as ignitability or toxicity. Paint generated by a CESQG is not subject to federal regulation provided the waste is discarded at a facility meeting Section 261.5(f) or (g). Paint collected from households is exempt from regulation, even if the paint is subsequently discarded. Household hazardous waste (HHW) mixed with regulated hazardous waste in a collection program is regulated. Paint cans emptied under the empty container provisions are not subject to regulation because they do not hold regulated residues.
 
04/07/1997ISSUANCE OF FINAL HWIR-MEDIA RULEMemo
 Description: EPA has reached agreement with Edison Electric Institute to amend their consent decree regarding Hazardous Waste Identification Rules (HWIR). The deadline for promulgation of HWIR-waste is now April 30, 2001 (SEE ALSO: 64 FR 63382; 11/19/99). The agreement also commits EPA to issue a final rule for HWIR-Media by June 30, 1998 (HWIR-Media finalized 63 FR 65873; 11/30/98). EPA’s policy of treating violations of land disposal storage restrictions (Section 3004(j)) with reduced, federal, enforcement priority for small volumes of mixed waste, is effective through April 1998. Prior to expiration of this policy EPA will determine whether an extension is warranted. The policy does not apply to any mixed waste for which treatment is currently available, or becomes available during the term of the policy (SEE ALSO: 64 FR 63464; 11/19/99).
 
04/07/1997REPROPOSAL OF HWIR WASTE RULE AND COMMERCIAL MIXED WASTESMemo
 Description: EPA will sign notice of proposed rulemaking by October 31, 1999, for the Hazardous Waste Identification Rule for Waste (HWIR-waste) (SEE ALSO: 64 FR 63382; 11/19/99). HWIR-waste will seek comment on, among other things, an exemption from hazardous waste disposal regulation, and other regulatory relief as appropriate, for commercial mixed waste (SEE ALSO: 64 FR 63464; 11/19/99). EPA plans to finalize a decision by April 30, 2001. EPA will recommend suspension of Part B permit collection for plants subject to the Atomic Energy Act (AEA) which need the permit solely for on-site storage of mixed waste. Such plants will remain subject to interim status standards. EPA may need to extend the storage prohibition enforcement policy for mixed waste.
 
04/01/1997GENERATOR STORAGE REQUIREMENTS FOR PART 266, SUBPART F, PRECIOUS METALSQuestion & Answer
 Description: Generators accumulating recyclable materials for precious metal recovery are not required to store the materials in RCRA-regulated accumulation units (i.e., tanks, containers, and containment buildings). EPA assumes these materials will be managed carefully due to their economic value. Precious metals being reclaimed must be counted towards generator monthly determination.
 
04/01/1997TREATMENT STANDARDS FOR D008 RADIOACTIVE LEAD TANKS AND CONTAINERSQuestion & Answer
 Description: D008 radioactive lead solids that are tanks or containers must be treated using macroencapsulation. The placement of waste in a container or tank is not considered macroencapsulation. The owner/operator may use an alternative treatment method if demonstrated to be an equivalent technology.
 
03/12/1997RCRA APPLICABILITY TO PAINT REMOVAL WASTESMemo
 Description: The paint removal process is not subject to regulation in some circumstances. Waste determination under Section 262.11 is made once the combination of paint and surface preparation product is removed from the surface of the structure. Each product user is responsible for waste determination. Nonhazardous waste which subsequently becomes hazardous is subject to regulation. Generators are potentially liable under CERCLA for damage caused by a release. A lead-based paint abatement contractor and building owner are both generators (cogenerators).
 
02/13/1997UNIVERSAL WASTE QUESTIONS AND ANSWERS DOCUMENTMemo
 Description: Presents a Universal Waste Questions and Answers Document. Addresses state authorization. Discusses the addition of wastes to the federal and state universal waste (UW) programs, fluorescent lamps (SEE ALSO: 64 FR 36466; 7/6/99), land disposal restrictions (LDR) recordkeeping requirements, the Mercury-Containing and Rechargeable Battery Management Act, batteries, pesticide collection programs, liability and enforcement, storage limits, mixtures of UW and hazardous waste, and manifesting.
 
01/01/1997LAND DISPOSAL RESTRICTIONS STORAGE PROHIBITION AND DECHARACTERIZED WASTESQuestion & Answer
 Description: A decharacterized waste requiring further treatment to meet the universal treatment standards (UTS) remains subject to the LDR storage prohibition. The storage prohibition applies until the waste is treated to fully meet assigned treatment standard.
 
12/01/1996REBUTTABLE PRESUMPTION FOR CFC CONTAMINATED USED OILQuestion & Answer
 Description: Chlorofluorocarbon (CFC) contaminated used oil is exempt from the rebuttable presumption at the point of draining as long as the CFCs are eventually reclaimed from the used oil to the fullest extent possible. Generally, when the rebuttable presumption applies, it applies at the point of draining. Discusses the definition of processing. CFC reclamation from used oil is not necessarily processing.
 
11/27/1996APPLICABILITY OF 40 CFR PART 279 TO ON-SPECIFICATION USED OILMemo
 Description: On-specification used oil that will be burned for energy recovery is no longer subject to the used oil requirements once the person making the on-specification claim complies with the applicable marketer provisions. Used oil meeting specification that is refined or disposed is subject to the used oil requirements. The regulatory status of the on-specification oil must be reevaluated if some action is taken that may affect the properties of the oil. Blending used oil to meet specification is processing. Used oil storage may be covered under the Spill Prevention Control and Countermeasures (SPCC) regulations and the underground storage tank (UST) requirements.
 
11/26/1996USE OF ALUMINUM CAP LINERS INSTEAD OF TEFLON FOR SOIL SAMPLE CONTAINERSMemo
 Description: Aluminum cap liners may be used instead of teflon for soil sample containers. One must demonstrate that the samples do not contain constituents that corrode the aluminum cap liners.
 
11/25/1996MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT ACTMemo
 Description: The Mercury-Containing and Rechargeable Battery Management Act is effective nationwide on May 13, 1996. Two goals are to limit mercury (Hg) content in consumer batteries, and to promote recycling and proper disposal of used rechargeable nickel cadmium (NiCad) batteries, sealed small lead-acid batteries, and other widely used rechargeable batteries. Law limits Hg content of batteries and prohibits the sale of some Hg-containing batteries. Law requires uniform labeling and requires that collection, storage, and transportation be in accordance with the Universal Waste (UW) standards of Part 273. Law prohibits states from imposing standards not identical to UW standards. Law is not an amendment to RCRA. EPA is investigating implications on RCRA state authorization and is developing a codification rule.
 
11/20/1996HAZARDOUS WASTE CONTAINER STORAGE REQUIREMENTSMemo
 Description: Containers of hazardous waste must be kept closed when not in use. Safety Kleen will distribute replacement rings for containers which are difficult to close and that have been sold to their customers.
 
11/01/1996DETERMINATION OF EQUIVALENT TREATMENT UNDER 268.42(B)Memo
 Description: EPA is approving the determination of equivalent treatment (DET) per 268.42(b) for wastewater sludges from bulk liquid storage tank washings, line cleanings, and shipboard ballast water and other wastes because combustion is not appropriate.
 
09/23/1996APPLICABILITY OF RCRA REGULATIONS TO CHEMICAL FLOCCULATION UNITS WHEN USED TO TREAT WASH WATER FROM AIRCRAFT ENGINESMemo
 Description: A chemical flocculation unit treating cadmium contaminated wash water requires a hazardous waste treatment permit, unless the unit meets an exemption. If the unit is a tank meeting the definition of a wastewater treatment unit (WWTU), or a tank or container regulated as a generator accumulation unit, the unit is exempt from permitting. Treatment sludge generated in the unit must be managed as a hazardous waste if it exhibits a characteristic. Land disposal restrictions (LDR) apply to the treatment sludge and the original wash water.
 
07/05/1996CLARIFICATION OF THE DEFINITION OF COMMERCIALLY AVAILABLE TREATMENT TECHNOLOGY & DISPOSAL CAPACITY VIS-A-VIS RCRA SECTION 3004(J)Memo
 Description: EPA’s policy on enforcement of the Section 3004(j) storage prohibition for facilities generating radioactive mixed waste does not exclude legitimate recycling facilities from the definition of commercially available treatment technology and disposal capacity. EPA does not extend the enforcement policy to generators that do not take advantage of legitimate recycling opportunities (SEE ALSO: 64 FR 63464; 11/19/99).
 
06/19/1996REGULATORY STATUS OF SPENT LEAD-ACID BATTERIES SHIPPED TO A SECONDARY LEAD SMELTER FOR RECLAMATIONMemo
 Description: Lead-acid batteries (battery) that are held at a smelter in a transport truck for less than 24 hours, transported off-site for storage, and then shipped back to the smelter for reclamation remain exempt.
 
06/04/1996CLARIFICATION OF REQUIREMENTS INVOLVING THE COUNTING OF WOOD PRESERVING WATERS FOR BIENNIAL REPORTINGMemo
 Description: Hazardous wastewater from wood preserving plants (F032, F034, and F035) is not subject to quantity determination for the Biennial Report or for determining generator status when recycled in an on-site process without prior storage or accumulation (SEE ALSO: Section 261.4(a)(9)). If the waste is stored or accumulated prior to reuse, the generator must count the waste unless it has already been counted once.
 
06/01/1996HAZARDOUS WASTE LIQUID-CONTAINING PUMPS AND THE LIQUIDS IN LANDFILLS PROHIBITIONQuestion & Answer
 Description: Owners and operators have three options for disposing of containerized liquids in landfills: remove liquid, add sorbent or solidify, or eliminate by other means. There is no requirement to dismantle pumps containing free liquids prior to disposal in a landfill under the liquid in landfill prohibition. There is no requirement to remove or sorb free liquids in containers such as pumps holding liquids for use other than storage.
 
06/01/1996TANK STORAGE AT TRANSFER FACILITIESQuestion & Answer
 Description: A transporter may not store hazardous waste in stationary tanks at a transfer facility without a permit or interim status. Hazardous wastes at transfer facilities must be manifested, stored in containers meeting DOT requirements, and be held 10 days or less. Discussed the definition of container.
 
05/01/1996INTERPRETATION OF GENERATOR REQUIREMENTS AS APPLIED TO VARIOUS ON-SITE AND OFF-SITE SCENARIOSMemo
 Description: Provides a clarification of the terms on-site, facility, installation, and individual generation site. Contiguous properties owned by different persons require separate identification numbers. Manifests are required for all off-site shipments of waste, even if both properties belong to the same generator (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; 2/12/97). No manifest is required to ship hazardous waste between two properties under the same ownership that are located at opposite corners of an intersection. Large quantity generator (LQG) and small quantity generator (SQG) waste must be sent to a designated facility. No final interpretation exists on whether conditionally exempt small quantity generator (CESQG) waste sent to an intermediate location for consolidation loses its exemption. Waste in transportation may be consolidated at transfer facilities. The emergency response exemption from permitting applies to immediate response only. Hazardous waste generated as the result of discharge may be accumulated for 90 days under Section 262.34.
 
05/01/1996RESOLUTION OF RCRA ISSUES RELATING TO THE WOOD PRESERVING INDUSTRYMemo
 Description: Drip pad sumps can satisfy the wastewater treatment unit (WWTU) exemption if they are part of the facility’s wastewater treatment system, even though the wood preserving regulations require sumps to meet Subpart J tank standards. If a wood preserving facility qualifies as a conditionally exempt small quantity generator (CESQG), it is conditionally exempt from Parts 264/265, Subparts W and J requirements.
 
04/01/1996Environmental Fact Sheet: Agency Extends Policy on Reduced Enforcement Priority For Storage of Mixed Waste for Which Treatment Technology or Storage Capacity Does Not ExistPublication
 Description: This fact sheet announces a limited 2-year extension of the policy on enforcement of RCRA Section 3004(j) storage prohibition at facilities generating mixed radioactive and hazardous waste, effective April 21, 1996. The policy covers only those wastes for which no commercial treatment technology or storage exists.
 
03/07/1996FEDERAL POLICY ON SEVERAL ISSUES RELATED TO THE USE OF THE HAZARDOUS WASTE MANIFEST BY HAZARDOUS WASTE TRANSPORTERSMemo
 Description: The transporter block on the manifest is used to identify companies that transport waste. Transfer facilities do not need to be identified on the manifest unless the owner of the transfer facility takes custody of the waste as a new transporter. Brokers, transporters, or TSDFs may be an importer and therefore subject to generator requirements. One party should assume the generator responsibilities. Discusses the procedures for handling rejected shipments of hazardous waste exported to Canada.
 
02/20/1996CLARIFICATION OF RCRA CORRECTIVE ACTION PROGRAM WITH REGARD TO TSD UNITSMemo
 Description: RCRA regulated units (surface impoundments, waste piles, land treatment units, and landfills) are solid waste management units (SWMUs). SWMUs are subject to RCRA corrective action authority (i.e., Sections 3004(u) or 3008(h)). Discusses integrated implementation of corrective action for releases to groundwater and other media from regulated units (SEE ALSO: Section 264.90(f) and 63 FR 56710; 10/22/98)). Dual authority is required when conducting cleanup at a regulated unit in a state authorized for RCRA groundwater requirements but not for corrective action. Changes necessary to comply with a corrective action order are exempt from the reconstruction limit. Closure need not be delayed to perform corrective action. EPA encourages coordination between closure and corrective action activities.
 
02/01/1996CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS TREATING IN ELEMENTARY NEUTRALIZATION UNITSQuestion & Answer
 Description: Conditionally exempt small quantity generators (CESQGs) may treat hazardous waste in elementary neutralization units (ENU) without meeting Sections 261.5(f)(3) and (g)(3) standards. ENUs are exempt from treatment, storage, disposal, and permitting standards.
 
01/26/1996LAND 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).
 
10/12/1995CLARIFICATION OF TREATMENT, AS DEFINED AT 40 CFR SECTION 260.10, AS IT RELATES TO HAZARDOUS WASTE FUEL BLENDING ACTIVITIESMemo
 Description: Consolidation of compatible bulk or containerized wastes to facilitate efficient transportation or disposal is not treatment. Blending hazardous waste fuels to meet a specification is treatment and requires a permit.
 
09/19/1995EPA'S DETERMINATION ON WHETHER MACROENCAPSULATION PROCESS ADDRESSES THE REQUIREMENTS OF 40 CFR SECTION 268.45, TABLE 1Memo
 Description: The definition of “macroencapsulation” is different for radioactive lead solids and debris. Debris macroencapsulation may include a tank or container. Merely placing debris in a container is not “macroencapsulation” unless the container is of non-corroding material (stainless steel).
 
08/24/1995CARBAMATE LISTING DETERMINATION (60 FR 7824, FEBRUARY 9, 1995) AS IT RELATES TO THE LATEX PROCESS WASTES GENERATED BY A COMPANYMemo
 Description: K161 is limited to production wastes from dithiocarbamate acids and their salts. Latex process wastes containing dithiocarbamate (ethyl zimate) are not U407, as ethyl zimate is not the sole active ingredient (SUPERSEDED: U407 listing vacated by Dithiocarbamate Task Force v. EPA). Residue remaining in a container or inner liner removed from a container that held any listed CCP is a hazardous waste when discarded or intended for discard.
 
06/30/1995CLARIFICATION OF REGULATORY LANGUAGE WITH RESPECT TO PERMITTED HAZARDOUS WASTE CONTAINER STORAGE FACILITIESMemo
 Description: Bare concrete can serve as a container storage pad for secondary containment. No regulatory definition of sufficiently impervious is available. Bare concrete is insufficiently impervious for primary containment when in continuous contact with waste (e.g., in surface impoundments or waste piles). Secondary containment regulations are performance standards that allow for the use of materials other than concrete or asphalt.
 
06/01/1995RCRA WASTE MINIMIZATION REQUIREMENTSQuestion & Answer
 Description: Discusses waste minimization requirements for generators and treatment, storage, and disposal facilities (TSDFs). Large quantity generators (LQGs) and TSDFs are required to certify they have a program in place. LQGs are required to describe their waste minimization efforts in the biennial report (Sections 3002(a)(6), 3002(b), and 3005(h)) (SUPERSEDED: no longer required on biennial report, see 1997 Hazardous Waste Report Instructions). Small quantity generators (SQGs) must certify a good faith effort on the manifest.
 
06/01/1995SPENT LEAD-ACID BATTERIES AND COUNTING REQUIREMENTSQuestion & Answer
 Description: Spent lead-acid batteries (battery) that will be reclaimed are not subject to the generator’s monthly counting requirements. Wastes are counted only if they are subject to substantive regulation. Substantive regulations are those regulations which directly relate to storage, treatment, or disposal (SEE ALSO: Part 273).
 
05/25/1995ARE 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.
 
05/25/1995REGULATORY STATUS OF A GASIFICATION UNIT PROPOSED BY TEXACO TO BE BUILT IN EL DORADO, KANSASMemo
 Description: Syngas fuel from a gasification unit at a Kansas petroleum refinery is derived from F037, K022, and K051, but is exempt fuel from refining oil-bearing hazardous waste during normal refinery operations per 261.6(a)(3)(iv) (SUPERSEDED: exemption moved to 261.6(a)(3)(iii)). The gasification unit is an exempt recycling unit. No storage permit is needed for listed feedstocks prior to recycling if the generator accumulation limit is not exceeded. This interpretation does not apply to all gasification units.
 
04/20/1995REGULATORY REQUIREMENTS FOR TANKS, VEHICLES, VESSELS, PROCESS OR MANUFACTURING UNITS, OR PIPELINES WHICH HAVE BEEN SHUT DOWNMemo
 Description: Waste generated in a manufacturing process unit may remain in the unit for up to 90 days after the unit has been shut down, and may be stored for an additional 90 days in generator accumulation units. EPA headquarters policy does not address whether K050 waste is generated only through the actual cleaning of heat exchanger bundles, or if the regulated K050 waste is created when sludges remains in a shut-down exchanger for more than 90 days or when they are discarded along with an uncleaned bundle.
 
03/08/1995APPLICABILITY OF RCRA TO HAZARDOUS WASTES GENERATED IN PRODUCT STORAGE TANKS AND MANUFACTURING PROCESS UNITSMemo
 Description: Waste generated in a manufacturing process unit or a product storage tank is not regulated until it exits the unit or unless it remains in the unit for more than 90 days after the unit has been shut down. After removal from the unit, the waste may be accumulated without a permit for an additional period, depending on generator status.
 
02/01/1995The National Biennial RCRA Hazardous Waste Report (Based on 1993 Data); List of Treatment, Storage, and Disposal Facilities in the United StatesPublication
 Description: This document identifies every hazardous waste manager in the United States that reported itself to be a treatment, storage or disposal facility in 1993.
 
01/30/1995INCLUSION OF EMISSIONS FROM OB/OD UNITS IN THE HEALTH RISK ASSESSMENT FOR A CHEMICAL AGENT DISPOSAL FACILITYMemo
 Description: Risk assessment at combustion units should include air emissions from all sources integral to the operation (e.g., storage, blending, handling). Open-burning/ open-detonation (OB/OD) units that are not integral to chemical agent disposal would not need to be included in the risk assessment.
 
01/01/1995THE LIQUIDS IN LANDFILLS PROHIBITION AND SORBED FREE LIQUIDSQuestion & Answer
 Description: Wastes which contain free liquids and are containerized may be treated with a nonbiodegradeable sorbent and placed in a landfill. A non- containerized waste containing free liquids must be treated without absorbents before landfilling. Discusses chemical stabilization v. absorption criteria.
 
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.
 
11/10/1994CLARIFICATION OF HOW PROVISIONS IN CERCLA APPLY TO ""SERVICE STATION DEALERS"" THAT HANDLE USED OILMemo
 Description: Clarification of the exemption from CERCLA liability for service station dealers (SSDs) is provided. Fast lube services are eligible for the SSD exemption if they accept Do-It-Yourself (DIY) oil and receive significant income from vehicle maintenance. The SSD exemption applies to both DIY used oil and used oil from customer vehicles. The 279 used oil standards apply to all used oil that is destined for recycling. EPA presumes that used oil will be recycled unless it is being disposed of, or being transported or stored prior to disposal.
 
11/08/1994REGULATORY INTERPRETATIONS UNDER RCRA CONCERNING CERTAIN FUEL BLENDING SCENARIOSMemo
 Description: The 1991 BIF rules superseded the sham recycling policy for hazardous waste fuels, so an as-generated heating value no longer affects the legality of fuel blending prior to burning in BIFs, but it may affect the status of the product created in a BIF. If fuels with low heating values are burned, cement may be considered a waste-derived product and subject to hazardous waste regulation if it is destined for land placement, unless the facility demonstrates legitimate energy recovery. If gravity separates hazardous waste fuel into aqueous and organic phases during storage, mixing the phases together again is not treatment. Decanting the two phases or portions of fuel is treatment.
 
11/04/1994RCRA REGULATION OF UNIVERSITY LABORATORIESMemo
 Description: University buildings separated by city blocks or divided by public roads are individual generation sites, each requiring separate EPA ID numbers and manifests for the exchange of hazardous waste (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; 2/12/97). If access between buildings is possible without traveling along a public road, the university is one site, and only one EPA ID number is needed.
 
11/01/1994UST REMEDIATION WASTESQuestion & Answer
 Description: Spent carbon filters used to remediate petroleum-contaminated media and debris from underground storage tank corrective action are newly generated wastes and do not qualify for the Section 261.4(b)(10) exclusion. Spent filters are solid wastes.
 
10/17/1994REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Fuel blenders are subject to 268.7(b) LDR notification and certification. Fuel blending is not exempt from permitting, unless it is done at a generator site in a 262.34 accumulation unit. Fuel blending at a transfer facility is treatment and requires a permit. Most fuel blending units are permitted as tanks or miscellaneous units. Fuel blenders are subject to the air emissions standards (SEE ALSO: RPC# 12/5/94-01; 59 FR 62896; 12/6/94). Thermal treatment units are not eligible for the 262.34 permit exemption. Recycling units at facilities with other permitted units are subject to the air emissions standards (SEE ALSO: 62 FR 25997; 5/12/97). Generators who send waste off-site to a burner are subject to LDR notification. Cement or light-weight aggregate kiln produced by a Bevill device burning both hazardous waste and Bevill-exempt wastes may be exempt from land disposal restrictions (LDR) treatment standards when used in a manner constituting disposal if the residues pass the significantly affected test in 266.112. If neither the products nor the residues are subject to the LDR treatment standards, the original generator's waste is not prohibited from land disposal, and is subject only to 268.7(a)(6) (SEE ALSO: 62 FR 25997; 5/12/97).
 
10/17/1994Regulation of Fuel Blending and Related Treatment and Storage Activities MemoPublication
 Description: This document addresses questions about the regulatory status of hazardous waste fuel blending activities, such as the permit requirements, appropriate unit standards, air emission standards, requirements for transfer facilities, and land disposal restrictions for generators and fuel blending facilities.
 
10/07/1994PROCESSING LEAD ABATEMENT DEBRIS TO MEET HAZARDOUS WASTE RECYCLER'S SPECIFICATIONS IS NOT ""TREATMENT"" AS DEFINED IN 40 CFR 260.10Memo
 Description: Processing (cutting, chopping, shredding, or grinding) of lead-based paint (LBP) waste is treatment, but it is not subject to regulation if it is part of legitimate recycling. The storage of hazardous waste lead-based paint before or after exempt processing is regulated. Recycling is an exempt form of hazardous waste treatment.
 
09/15/1994National Biennial RCRA Hazardous Waste Report (Based on 1991 Data): Executive SummaryPublication
 Description: Provides an overview of national hazardous waste generation and management practices, based on EPA's 1991 biennial report. Includes tables showing quantity of RCRA hazardous waste generated and number of hazardous waste generators by state and quantity of RCRA hazardous waste managed and number of treatment, storage, and disposal facilities by state.
 
09/15/1994National Biennial RCRA Hazardous Waste Report (Based on 1991 Data): List of Treatment, Storage, and Disposal Facilities in the United StatesPublication
 Description: Lists treatment, storage, and disposal facilities, as identified by EPA's 1991 biennial report. Lists facilities by state. Includes a facility's EPA identification number, name, location, and RCRA tons managed.
 
09/12/1994CLARIFICATION OF THE REBUTTABLE PRESUMPTION PROVISIONS CONTAINED IN THE RECYCLED USED OIL MANAGEMENT STANDARDSMemo
 Description: Documentation that a used oil contains halogens in excess of 1,000 ppm due to the unintentional mixing with residuals from "RCRA empty" containers is sufficient to rebut hazardous waste presumption.
 
09/02/1994APPLICABILITY OF A PROPOSED HAZARDOUS WASTE REGULATION TO CERTAIN DOE RADIOACTIVE MIXED WASTESMemo
 Description: One or more safety devices that is vented directly to the atmosphere may be used on a container. A safety device should not be used for planned or routine venting, and must remain in a closed sealed position, except in an unplanned event (SUPERSEDED: see 59 FR 62896, 62903; December 6, 1994).
 
09/01/1994CONTAINMENT BUILDINGS AS GENERATOR ACCUMULATION UNITSQuestion & Answer
 Description: Small quantity generators (SQGs) who accumulate waste in a containment building without a permit are subject to the more stringent standards of Section 262.34(a), including the 90 day time limit. SQGs who accumulate under Section 262.34(d) are limited to the use of tanks and containers.
 
09/01/1994USED OIL STORAGE TANK BOTTOMS: HAZARDOUS WASTE OR USED OIL WHEN BURNED FOR ENERGY RECOVERYQuestion & Answer
 Description: Residues or sludges resulting from the storage, processing, or re-refining of used oil are considered used oil when they are recycled by being burned for energy recovery, even if they exhibit a characteristic of hazardous waste.
 
08/17/1994STORAGE OF HAZARDOUS WASTE AT TRANSFER FACILITIES AND THE AUTHORIZATION OF STATES REGULATING THIS STORAGEMemo
 Description: The use of multiple transfer facilities is not prohibited nor is the total number of days spent at all the transfer facilities limited to 10. There is no formal definition of normal course of transportation, it is case-by-case determination. Discusses the DOT Hazardous Materials Transportation Act preemption process versus RCRA state authorization. Different states may have individual interpretations of the transfer facility standards.
 
08/11/1994CLARIFICATION REGARDING THE HAZARDOUS WASTE SAMPLE EXCLUSION FOUND IN 40 CFR 261.4(D)Memo
 Description: Under the 261.4(d) exclusion, a testing facility may store samples for a legitimate purpose after the completion of analysis.
 
08/05/1994SALE AND SCRAPPING OF DOT'S MARITIME OBSOLETE VESSELS FROM THE NATIONAL DEFENSE RESERVE FLEETMemo
 Description: Purchasers of ships to be scrapped and sold abroad must determine when export rules apply. Vessels destined for scrap as well as any materials necessary for operating the ship are not discarded while the vessel remains intact because those materials continue to serve a useful purpose. Removal of a material from a ship's structure that is intended for discard is the point of generation. Section 106(a) of the Federal Facilities Compliance Act (FFCA) prohibits the storage of hazardous waste on a public vessel for longer than 90 days after the vessel is placed in reserve or is no longer in service without a RCRA storage permit. Materials from a dismantled ship that are to be recycled may be scrap metal.
 
07/26/1994FINAL RULE EXEMPTING RECOVERED OIL FROM THE DEFINITION OF SOLID WASTEMemo
 Description: A summary of the 7/28/94 Federal Register (59 FR 38536) excluding recovered oil from the solid waste definition when it is returned to the petroleum refining process prior to distillation or cracking is provided. The rule also excludes oil recovered from certain off-site petroleum activities when the recovered oil is returned to the petroleum refinery and recycled. The expanded exemption for petroleum coke produced from off-site oil-bearing hazardous waste is discussed. The exclusion does not apply to recovered oil stored in land-based units (SEE ALSO: 63 FR 42110; 8/6/98).
 
06/21/1994USE OF MULTIPLE TRANSFER FACILITIES AS PART OF THE ""NORMAL COURSE OF TRANSPORTATION""Memo
 Description: Regulations do not specifically prohibit the use of multiple transfer facilities during the normal course of transportation. To be considered in the normal course, transportation should be completed in a timely manner. The normal course of transportation is decided on a case-by-case basis. A transporter remains responsible for the waste and the Part 263 standards while at a transfer facility. A generator must receive signed copies of manifests within the specified time periods or must file an exception report.
 
06/10/1994CLARIFICATION OF RCRA REGULATIONS AS THEY APPLY TO THE USE OF PERCHLOROETHYLENE IN DRY-CLEANING PROCESSMemo
 Description: Perchloroethylene (PCE) from dry cleaning that is periodically drained from a closed-loop solvent reclamation system, stored temporarily, and reintroduced into the system may be a spent material or product, depending on the level of contamination and where the PCE is being reintroduced into the system.
 
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.
 
06/03/1994CLARIFICATION OF RCRA REGULATIONS APPLICABLE TO HAZARDOUS DEBRISMemo
 Description: Removing contaminants from an intact building is waste generation, not treatment. An intact building is not considered discarded until it is destroyed. The removed material is eligible for the land disposal restrictions (LDR) 268.45 debris treatment standards if it meets the definition of debris.
 
05/09/1994REGULATORY REQUIREMENTS FOR ON-SITE TREATMENT OF OXYGEN BREATHING APPARATUS (OBA) CANISTERSMemo
 Description: Oxygen breathing apparatus (OBA) used by firefighters could qualify as exempt scrap metal when recycled. There is no need to determine if recycled scrap metal is a hazardous waste (HW). Emptying a steel OBA canister could be an exempt scrap steel recycling process if the canisters are to be recycled (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal). Emptying canisters to render them nonhazardous prior to disposal may be regulated treatment. HW canisters may be accumulated on-site without a permit under 262.34. Tanks meeting the wastewater treatment unit definition are exempt from permitting requirements.
 
04/15/1994Waste Analysis at Facilities that Generate, Treat, Store, and Dispose of Hazardous Waste: A Guidance ManualPublication
 Description: This document provides guidance to the regulated community, permit writers, and enforcement officials in establishing the criteria to properly evaluate and prepare RCRA waste analysis plans (WAPs). It contains guidance on determining individual waste analysis responsibilities and how to meet these responsibilities and includes facility-specific procedures for conducting waste analysis and developing a WAP, a checklist to ensure that all waste analysis responsibilities at individual facilities have been addressed, and facility-specific (i.e., generator, disposal, and onsite and offsite treatment facilities) model WAPs. Appendices include hazardous waste identification, regulatory summary, waste analysis data flow responsibilities, regulatory citations for conducting waste analysis, overview of major hazardous waste management units, glossary of terms, and references.
 
02/18/1994REGULATORY STATUS OF RAINWATER IN WOOD PRESERVING PROCESS AREASMemo
 Description: Rainwater that contacts drip pad at a wood preserving facility becomes a hazardous waste and remains a hazardous waste until recycled (SEE ALSO: Section 261.3(c)(2)). Quantity of contaminated rainwater generated should be included in the monthly generator reporting requirements.
 
02/16/1994ACCEPTABILITY UNDER THE RCRA LAND DISPOSAL RESTRICTIONS OF TWO METHODS OF MACROENCAPSULATION FOR MIXED WASTES AT ROCKY FLATSMemo
 Description: The definition of macroencapsulation entails the use of a jacket or inert inorganic material and not merely placement in a tank or container because of the void spaces between the debris and the container. Discusses possible placement with variance from treatment standard, equivalent method variance, or no-migration variance. Discusses the performance standards for immobilization technologies.
 
02/04/1994REGULATORY STATUS OF MERCURY BATTERIESMemo
 Description: Containers as debris. Mercury battery (batteries) carcasses containing hazardous waste liquid or sludge may be hazardous debris based on a case-by-case determination.
 
12/23/1993MANAGEMENT OF LEAD-ACID BATTERIES THAT ARE RECYCLEDMemo
 Description: Section 266.80(a) applies to locations where lead-acid batteries are stored, but not reclaimed, regardless of the battery management activities that the owner or operator may conduct at other locations. Section 266.80(b) applies to locations where lead-acid batteries are both stored and reclaimed (SEE ALSO: Part 273).
 
12/23/1993REQUIREMENTS FOR DISPOSAL OF DISCHARGED M-44 CYANIDE CAPSULES THAT ORIGINALLY CONTAINED A SODIUM CYANIDE PESTICIDEMemo
 Description: A person generating less than one kilogram of acute hazardous waste per calendar month is a CESQG. The weight of containers holding hazardous waste need not be counted towards the category limits. Both on- and off-site facilities managing a CESQG's acute hazardous waste must meet the criteria of 261.5(f)(3). There is no formal EPA approval needed in order to use alternative and equivalent method instead of triple rinsing when emptying containers holding acute hazardous waste. Cyanide-containing capsules can become empty and exempt according to 261.7.
 
11/10/1993REGULATORY STATUS OF BATTERY CARCASSESMemo
 Description: Intact containers are not debris. Because batteries are a type of container, battery carcasses are not debris and are not eligible for the alternate debris treatment standards.
 
11/01/1993CONTAINMENT BUILDINGS AS INDEPENDENT HAZARDOUS WASTE MANAGEMENT UNITSQuestion & Answer
 Description: A containment building is intended to be an independent hazardous waste management units. Existing tanks, containers, and drip pads do not need to be within a containment buildings. Containment buildings can serve as secondary containment for tanks.
 
11/01/1993GENERATOR MANAGEMENT OF HAZARDOUS WASTE AND THE 90-DAY TREATMENT EXEMPTIONMemo
 Description: The transfer of waste to different tanks or containers does not affect the 262.34 generator accumulation unit treatment exemption. Although treatment may remove the hazardous characteristic, land disposal restrictions (LDR) requirements still apply, including 268.7(a)(4).
 
10/07/1993REGULATORY STATUS OF USED RESIDENTIAL AND COMMERCIAL/INDUSTRIAL AEROSOL CANSMemo
 Description: EPA is unable to determine if aerosol cans exhibit the characteristic of reactivity (D003). Emptying a steel aerosol can by puncturing and draining it may be exempt as a step in recycling the can as scrap metal. A steel aerosol can qualifies as scrap metal if it does not contain significant liquids (i.e., is fully drained) and is therefore exempt from regulation when sent for recycling. Aerosol cans may be rendered empty in accordance with 261.7. Liquid or gas removed from a can is hazardous waste if it is listed or characteristic. There is no need to determine if a steel aerosol can is empty once it qualifies as scrap metal (i.e., once it no longer contains significant liquids) that is destined for recycling. Aerosol cans generated by households qualify for household hazardous waste exclusion. The exclusion attaches at the point of generation and continues to apply throughout the waste management cycle.
 
10/07/1993REGULATORY STATUS OF USED RESIDENTIAL AND COMMERCIAL/INDUSTRIAL AEROSOL CANSMemo
 Description: Aerosol cans generated by households qualify for the household hazardous waste exclusion. The exclusion attaches at the point of generation and continues throughout the waste management cycle. Steel aerosol cans are scrap metal when they are recycled if they do not contain significant liquids. There is no need to determine if a steel aerosol can is empty once it qualifies as scrap metal. Emptying an aerosol can by puncturing and draining may be exempt as a step in the recycling of the can as scrap metal. EPA is unable to determine if aerosol cans exhibit the characteristic of reactivity (D003). Liquid or gas removed from a can is hazardous waste if it is listed or characteristic. Aerosol cans may be emptied in accordance with 261.7.
 
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.
 
09/20/1993DISCARDED OFF-GAS PIPING, EQUIPMENT, AND OFF-GAS SCRUBBER SOLUTION FROM A TANK SYSTEMMemo
 Description: Discarded off-gas scrubber solution is not listed hazardous waste because the gas contained in the solution is derived-from a product, not a waste. Liquid tank residuals are listed CCP. If container from which residues are removed is RCRA empty, residue not hazardous waste (SUPERSEDED: See the April 12, 2004 letter from Springer to Coles). Contains discussion of the triple rinsing requirement for acute (P-listed) waste.
 
09/01/1993HAZARDOUS WASTE RECYCLING REGULATIONS TO A PROPOSED INK RECYCLING PROCESSMemo
 Description: Waste ink is a spent material. Spent materials are solid wastes when they are reclaimed. Process recycling waste ink is not regulated under RCRA Subtitle C. The storage of waste ink prior to recycling is subject to permit standards. Whether a temporary holding area is subject to permitting is decided on a case-by-case basis. Lithographic printers may qualify as CESQGs (SEE ALSO: RPC# 9/20/93-03). Waste ink may be characteristic or listed, depending on the type of solvent used to clean the ink machine. Hazardous waste recyclers must notify EPA under RCRA 3010 and obtain EPA ID numbers. Residues from the recycling process may no longer be solid wastes if they are legitimate products. Discusses the regulatory status of reclaimed materials and legitimacy determinations.
 
07/28/1993RESPONSE TO REQUEST FOR RCRA EXEMPTION FOR FLUORESCENT LAMPSMemo
 Description: The crushing of mercury-containing fluorescent lamps constitutes hazardous waste treatment, but it can be exempt from regulation if it is a necessary part of a legitimate recycling process (SUPERSEDED: lamp crushing by universal waste handlers is prohibited; see 64 FR 36466, 36477-36478; 7/6/99). The storage of crushed lamps is still subject to regulation.
 
07/28/1993TRIPLE-RINSING REQUIREMENT APPLICABLE TO CONTAINERS HOLDING RESIDUES FROM THE INCINERATION OF ACUTE HAZARDOUS WASTESMemo
 Description: Incinerator ash and other residues from the treatment of P-listed acutely hazardous waste remain P-listed and acutely hazardous. Containers holding such residues must be rendered empty by triple rinsing. No formal EPA approval is necessary in order to use an alternative and equivalent method as a substitute for triple rinsing.
 
06/01/1993CONTAINMENT BUILDINGS AT PERMITTED AND INTERIM STATUS FACILITIESQuestion & Answer
 Description: Discusses the procedures for adding containment buildings to permitted and interim status facilities under changes during interim status. A containment buildings is not considered newly regulated units. A generators may accumulate and treat hazardous waste in containment buildings.
 
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.
 
03/03/1993EPA’S MUNICIPAL SOLID WASTE ASSISTANCE PROGRAM AND THE SBA’S POLLUTION CONTROL LOAN PROGRAMMemo
 Description: EPA‘s Municipal Solid Waste Assistance program (Subtitle D) provides limited funding and grants to help solve solid waste problems at the local, Regional, and national levels. Funding is restricted to nonprofit organizations. The Small Business Administration’s (SBA) Pollution Control Loans program may assist in building pollution control facilities.
 
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).
 
02/01/1993CLOSED-LOOP RECYCLING EXCLUSIONQuestion & Answer
 Description: Secondary materials stored in open-top tanks may qualify for closed-loop recycling exclusion as long as the system meets requirements in Section 261.4(a)(8). Secondary materials should be managed as valuable materials prior to reclamation to ensure the exclusion will apply.
 
11/27/1992CLARIFICATION OF STATUS OF TREATMENT ASSOCIATED WITH FUEL BLENDING ACTIVITIESMemo
 Description: Treatment associated with hazardous waste fuel blending is subject to regulation. EPA explicitly interpreted the now deleted Section 266.34, to require tank standards to apply to fuel blending tanks. Non-storage activities at fuel blending facilities (e.g., microwave units and distillation columns) may require a treatment permit. All storage of all hazardous waste fuels subject to regulation.
 
10/29/1992RECYCLING OF COKE BY-PRODUCT RESIDUESMemo
 Description: The use of open pits, or flat or low-walled concrete pads to store coke by-product residues is land disposal. Therefore, management of wastes in these units is not exempt under 261.4(a)(10). Wastes managed on the ground or in units constructed so that waste spills or is otherwise disposed are not exempt. Tanks, containers, and containment buildings are units that qualify for the recycling exclusion.
 
10/20/1992WASTE HEIGHT IN CONTAINMENT BUILDINGSMemo
 Description: The limits on the height to which hazardous waste may be piled in a containment building apply only to true containment walls, not crowd walls or stalls inside the containment building. Hazardous waste may be piled to a height exceeding the height of crowd walls or stalls inside containment buildings.
 
10/19/1992LOSS OF INTERIM STATUS (LOIS) FOR STORAGE AND TREATMENT FACILITIESMemo
 Description: Storage and treatment facilities that had interim status on 11/8/84 but failed to submit Part B permit applications by 11/8/88 lose interim status on 11/8/92 due to the 3005(c)(2) LOIS deadline. Submission of the Part B in accordance with the HSWA deadlines ensures continued interim status until EPA issues or denies a permit, even if the final permit determination takes place after 11/8/92.
 
08/25/1992CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR PROVISIONSMemo
 Description: CESQG waste must be treated or disposed in one of five types of facilities specified in 261.5(g)(3) (SUPERSEDED: 261.5 now allows transfer to seven types of facilities). The conditions apply to off-site and on-site management of CESQG waste. Failure to satisfy the conditions triggers permitted and/or interim status facility standards, as well as notification requirements. Generators of more than 100 kg of hazardous waste per month are subject to Part 262.
 
08/01/1992TREATMENT IN A GENERATOR’S 90-DAY CONTAINMENT BUILDINGQuestion & Answer
 Description: A generator accumulating hazardous waste in a containment building can treat waste without obtaining permit or interim status, unless conducting thermal treatment. If treating to meet Part 268 treatment standards, a generator must comply with Section 268.7(a)(4) for waste analysis plan requirements.
 
07/21/1992TREATING WASTES IN GENERATORS ACCUMULATION TANKS AND CONTAINERSMemo
 Description: Generators may conduct treatment of used oil (e.g., mixing characteristic used oil with another material to render the used oil nonhazardous) in accumulation tanks or containers without a permit or interim status provided that the units conform to the standards in Part 265, Subparts I or J, and 262.34.
 
07/01/1992LINERS AND LEAK DETECTION SYSTEMS FOR HAZARDOUS WASTE LANDFILLS, SURFACE IMPOUNDMENTS, AND WASTE PILESQuestion & Answer
 Description: Summary of the minimum technological standards (RCRA 3004(o)) for new, replacement, and lateral expansions of landfills, surface impoundments, and waste piles completed after July 29, 1992.
 
06/11/1992CLARIFICATION OF THE APPLICABILITY OF CERTAIN RCRA REQUIREMENTS TO COMMON EXCAVATION-TYPE ACTIVITIESMemo
 Description: Excavating and redepositing hazardous soils (active management) within an area of contamination (AOC) during trenching or other non-RCRA related construction is not generation, treatment, storage, or disposal of hazardous waste and triggers no RCRA requirements, including land disposal restrictions (LDR) and generator rules. Such excavation does not “generate” waste and is not subject to generator requirements (SEE ALSO: 63 FR 28556, 28617; 5/26/98).
 
05/28/1992REGULATORY STATUS OF RECLAIMED SOLVENT FROM USED DRY CLEANING FILTERSMemo
 Description: Crushing spent dry cleaning filters before removing solvents for reclamation is exempt recycling. Storage prior to recycling may require a permit or may be subject to generator regulations of 262.34 or 261.5.
 
05/01/1992LEAD USED AS SHIELDING IN LOW-LEVEL RADIOACTIVE WASTE DISPOSALQuestion & Answer
 Description: Lead and lead-lined containers used to dispose of low level radioactive waste are not solid wastes and are not regulated as mixed waste if their primary use is for shielding in the disposal operations.
 
02/01/1992SPECULATIVE ACCUMULATION CALCULATIONQuestion & Answer
 Description: A characteristic sludge is not accumulated speculatively if, by December 31, the owner/operator can show he has recycled 75% of the amount in storage on January 1.The 75% requirement applies to materials of same class being recycled in the same way.
 
12/17/1991HANDLING AND ANALYSIS OF SAMPLES CONTAINING VOCS (VOLATILE ORGANIC COMPOUNDS)Memo
 Description: Discusses the handling of aqueous samples for test methods. Headspace from the sample storage should not invalidate sample. Macro bubbles from the storage or improper sample collection may affect the sample if they are larger than 1/4”, The data from samples with excessive headspace should be the minimum values or thrown out.
 
11/01/1991TRANSFER FACILITY AS CENTRAL COLLECTION POINTQuestion & Answer
 Description: Transfer facilities can serve as a central collection points for the consolidation of wastes from several locations or from generation sites, provided the collection center meets the definition of a transfer facility.
 
10/22/1991INDUSTRIAL EQUIPMENT THAT FORMERLY CONTAINED HAZARDOUS WASTEMemo
 Description: An out-of-service pump that contains mercury could qualify as a container if it is portable. The empty container provisions in 261.7 may apply to a pump meeting the definition of container.
 
09/20/1991TREATMENT OF HAZARDOUS WASTE FROM LARGE QUANTITY GENERATORSMemo
 Description: Both LQGs and SQGs can treat in accumulation tanks or containers without a permit if the treatment is in compliance with the 262.34 generator accumulation requirements. Generators who accumulate waste in 262.34 units must comply with the waste analysis plan (WAP) requirements per 268.7(a)(4). Treatment in generator accumulation units cannot violate the dilution prohibition.
 
07/26/1991UNIFORM HAZARDOUS WASTE MANIFEST COMPLETION INSTRUCTIONSMemo
 Description: The generator is responsible for designating a second transporter when hazardous waste is transferred from rail to highway. The generator is responsible for knowing who is transporting the hazardous waste so that he can ensure that the waste will reach the designated facility.
 
07/12/1991RCRA APPLICABILITY TO POTASSIUM PERMANGANATE AND MANGANESE DISPOSALMemo
 Description: Wastewater treatment sludges from POTWs or other facilities discharging pursuant to CWA are subject to all applicable Subtitle C regulations when treated, stored, or disposed. Generally, sludges from POTWs are hazardous waste only if they are characteristic. POTW sludges are unlikely to exhibit characteristics. Spent potassium permanganate and manganese from the garment industry are unlikely to be ignitable (D001) oxidizers.
 
07/03/1991TCLP AND LEAD PAINT REMOVAL DEBRISMemo
 Description: Provides general guidance for the representative sampling of lead-based paint abatement wastes (debris and abrasives) from drums, roll off boxes, and other containers. Shipments of LBP abatement wastes from a field site (bridge repair) to a central accumulation point must generally be accompanied by a manifest. The central accumulation point must be a transfer facility or a TSDF to accept manifested hazardous waste. Generators conducting lead-based paint (LBP) abatement must test the wastes using TCLP unless they can apply knowledge to determine characteristics (SEE ALSO: 63 FR 70233, 70241; 12/18/98). If an LBP waste first tests nonhazardous in TCLP due to the masking effect of an iron abrasive but exhibits the characteristic prior to disposal, all hazardous waste regulations apply. LBP abatement wastes that are characteristic for lead may be stabilized on site during accumulation in tanks or containers without a permit.
 
05/31/1991DRIPPAGE IN WOOD PRESERVING STORAGE YARDSMemo
 Description: Incidental drippage after the removal of treated wood from drip pad is not illegal hazardous waste disposal, provided the owner and/or operator responds immediately. An immediate response determination is site-specific. A facility must have a contingency plan and must keep records of the response.
 
05/21/1991COMPACTING HAZARDOUS WASTE INSIDE STEEL DRUMS AS TREATMENTMemo
 Description: Compacting hazardous waste in a steel drum is treatment if the reduction in volume results in a change in the physical, chemical, or biological character or composition of the waste. Compacting in generator accumulation containers would not require a permit.
 
04/30/1991LEAD SHIELDING FOR RADIOACTIVE WASTE IS A RCRA SOLID WASTEMemo
 Description: Clarification of when lead shielding for radioactive waste is solid waste. Lead containers or container liners are not solid wastes when radioactive waste is disposed of if the lead shielding continues to fulfill intended use after disposal of radioactive waste.
 
04/16/1991LAND DISPOSAL RESTRICTIONS APPLICABILITY TO INVESTIGATIVE DERIVED WASTEMemo
 Description: The temporary container storage of investigative-derived wastes within an area of contamination (AOC) followed by disposal within the original AOC does not trigger land disposal restrictions (LDR). The movement to separate storage and/or treatment area followed by replacement may trigger treatment. A single drum is not considered a unit. Drums and land on which drums are placed may constitute container storage areas.
 
03/01/1991AMENDMENTS TO PART 262 HAZARDOUS WASTE DETERMINATION AND RECORDKEEPING REQUIREMENTS OF PART 262 AND 268Question & Answer
 Description: The Section 262.11(c) requirement for generators to evaluate listed waste for characteristics applies to land disposal restrictions (LDR) paperwork only, and does not affect generator paperwork such as the manifest or the biennial report. If waste is both listed and characteristic, then the LDR standards for the listing operate in lieu of the characteristic standards, unless the listing does not address the characteristic or is not in effect (i.e., under a variance).
 
01/04/1991SOLID WASTE MANAGEMENT UNIT (SWMU) DETERMINATIONMemo
 Description: Tanks used exclusively to store product are not solid waste management units (SWMUs). Agency may use RCRA Section 3005(c)(3) omnibus provision to address leaks from product tank (SEE ALSO: 50 FR 30798; July 27, 1990).
 
12/27/1990TREATMENT STANDARDS FOR CERTAIN MIXED RADIOACTIVE WASTESMemo
 Description: Merely placing waste in a tank or a container is not macroencapsulation (MACRO). A plastic or steel coating that provides reduction in surface exposure to leaching media, and jackets of inorganic materials are MACRO. Macroencapsulation does not comply with existing land disposal restrictions (LDR) standards for metals. Waste could be macroencapsulated and disposed of via a variance from a treatment standard, no-migration petition, or national capacity variance.
 
12/20/1990THIRD THIRD LAND DISPOSAL RESTRICTIONS FINAL RULEMemo
 Description: Lab packs going for incineration can be packed in fiber drums, not just metal drums. Discusses the definition of inorganic solid debris. Empty containers may be hazardous if characteristic. A treatment facility must support the determination that waste meets the treatment standard with analytical data. Piped transfers from a recycling facility to an off-site TSDF is subject to land disposal restrictions (LDR) notification (SEE ALSO: 62 FR 25997; May 12, 1997).
 
11/20/1990LDR RULES REGARDING ALTERNATIVE TREATMENT STANDARDS FOR LAB PACKSMemo
 Description: A person who incinerates lab packs may use fiber drums in place of metal outer containers. Fiber or wood boxes or other containers that do not meet the DOT specifications for fiber drums may not be used as outer containers for lab packs.
 
10/30/1990TRANSFER FACILITY REGULATION INTERPRETATIONMemo
 Description: A transportation company has one ID number. All company trucks are assigned the same number. Transporters may consolidate hazardous waste (HW) shipments at a transfer facility. They must indicate the new composition and re-manifest the waste to the original designated facility. A TSDF can be a transfer facility if it is not already the designated facility. Waste is in the custody of the last transporter that signed the manifest until the designated facility or the next transporter signs it. Transfer facilities are subject to HW discharge requirements. Burners and marketers must notify EPA of HW fuel activities, even if they already have ID numbers (SUPERSEDED: see Part 266, Subpart H).
 
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)).
 
09/28/1990LAND DISPOSAL RESTRICTIONS EFFECT ON STORAGE/DISPOSAL OF COMMERCIAL MIXED WASTEMemo
 Description: The hazardous component of mixed waste is regulated under RCRA therefore subject to land disposal restrictions (LDR) treatment standards. Discusses the overview of radioactive mixed waste, the storage prohibition, state authorization, and mixed waste (SEE ALSO: 64 FR 63464; November 19, 1999). Discusses the mixed waste national capacity variances, no-migration petitions, variances from treatment standard, and dilution prohibition.
 
09/20/1990PETROLEUM REFINING WASTES AND EXEMPTIONS FOR WWTUSMemo
 Description: INCOMPLETE VERSION IN RCRAONLINE - A tank treating or storing wastewater or a wastewater treatment sludge can be a wastewater treatment unit (WWTU). A tank treating off-site hazardous waste (HW) can be a WWTU if the facility is designated to accept manifested HW. Only tanks and ancillary equipment can be WWTUs. Tank bottoms from fuel storage are CCPs and are not solid waste (SW) when used in fuel. Tank bottoms from refining process units are by-products and are SW when used in fuels. A refinery by-product used in a lubricant is a SW if it is listed (SEE ALSO: 261.4(a)(12) and 261.6(a)(3)).
 
09/13/1990EMPTY CONTAINERS REGULATORY STATUSMemo
 Description: In some instances, 261.7 allows an "empty" and unregulated container to hold up to one inch of hazardous waste (HW). The "one inch" criterion is not the sole factor governing whether or not a container is legally empty and exempt from regulation.
 
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).
 
08/21/1990MUNITIONS REGULATED AS HAZARDOUS WASTESMemo
 Description: Unserviceable military munitions become hazardous waste at the point the transfer record is signed by the last approval authority acknowledging receipt of the munition or ordnance at the demilitarization facility (SEE ALSO: 62 FR 6622; February 12, 97).
 
08/15/1990TANK TREATMENT PROCESSESMemo
 Description: Circuit board manufacturing wastes can be F006 if electroplating is involved. Anodizing is electroplating. Chemical conversion coating is a non-electrical process and is not anodizing or electroplating for F006, F007, F008, F009. Wastewater is defined only for the land disposal restrictions (LDR). Containers and tanks storing hazardous waste (HW) before an off-site shipment are not wastewater treatment units (WWTUs). EPA did not intend to include containers in the definition of ancillary equipment. Generator accumulation starts when the waste first enters the container. HW sludge that is removed from a WWTU is subject to full regulation. A unit can be both a WWTU and an elementary neutralization unit (ENU). A wastewater treatment sludge is anything that precipitates or separates during treatment. F006 may be formed in an exempt unit.
 
08/08/1990LAB PACKS - LAND DISPOSAL RESTRICTIONS ASPECTSMemo
 Description: P046, P111, and U163 may be incinerated in lab packs. Lab packs destined for incineration in fiber drums are not required to be placed in metal containers.
 
08/01/1990TANK TREATMENT SYSTEM OF METAL-RICH RINSEWATERSMemo
 Description: Generators using AMUSON recycling should not count waste that is not stored prior to placement in the treatment tank. The treatment tank may not be regulated if it is a CESQG or a generator accumulation unit. Treated wastewater is generally not a reclaimed product. In certain cases, treated wastewater that is legitimately reused is considered reclaimed and is not a solid waste.
 
07/11/1990LOSS OF INTERIM STATUS FROM NEWLY IDENTIFIED TC WASTESMemo
 Description: Discussion of loss of interim status (LOIS) dates for TSDFs subject to toxicity characteristic (TC) rule (55 FR 11798; 3/29/90). A facility that obtained interim status for the new TC waste is subject to federal requirements until the state is authorized for TC. Discussion of federal versus state regulation of TSDFs in authorized states that have not adopted TC rule. 3010 notification not required for facility that commenced treatment, storage or disposal after 6/27/90 but before 9/25/90.
 
07/11/1990NEWLY IDENTIFIED WASTE STREAMS AS A RESULT OF NEW TCMemo
 Description: Discuses the loss of interim status (LOIS) dates for TSDFs subject to the toxicity characteristic (TC) rule (55 FR 11798; March 29, 1990). A facility that obtained interim status for new TC waste is subject to federal requirements until the State is authorized for the TC rule. Discusses federal v. state regulation of TSDFs in authorized states that have not adopted the TC rule. RCRA Section 3010 notification is not required for a facility that commenced treatment, storage or disposal after June 27, 1990 but before September 25, 1990.
 
07/01/1990ADDING ABSORBENT TO WASTE CONTAINERSQuestion & Answer
 Description: An absorbent does not have to be added when the waste is first containerized to meet the absorbent exemption. Generators can accumulate waste in other containers before adding the waste to a container along with the absorbent.
 
06/24/1990NO 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).
 
06/07/1990TRANSPORTATION REGULATIONSMemo
 Description: Manifested waste may temporarily be stored at a transfer facility for less than 10 days during the normal course of transportation. Using multiple transporters to buy time in order to accumulate waste quantities to fill transport vehicle not in “normal course of transportation”.
 
06/04/1990REGULATORY INTERPRETATION OF OBJECTION TO CLEAN-CLOSURE EQUIVALENCY PETITION FOR STEEL ABRASIVES, INC.Memo
 Description: All landfills, surface impoundments, waste piles, and land treatment units that received waste after July 26, 1982 are subject to post-closure permitting and Part 264 Subpart F standards unless the owner demonstrates that closure under the previous Part 265 standards met Part 264 closure by removal standards (SUPERSEDED: See 63 FR 56711; October 22, 1998). Under RCRA 3005(i), EPA has the authority to revisit interim status clean closures and require post-closure permits if closure does not meet closure by removal standards of Part 264. In order to demonstrate clean closure, an owner generally should remove “hot spots” of contamination.
 
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.
 
05/01/1990SAMPLE EXCLUSIONQuestion & Answer
 Description: The sample exclusion applies to listed and characteristic waste. The contained-in policy applies to laboratory equipment contaminated during waste testing. Pipets (or pipettes) can qualify as containers and be rendered empty under Section 261.7.
 
04/10/1990STEAM-SPRAYING OF AN EMPTY TANKMemo
 Description: If rinsing is conducted on non-empty container or to render container empty, rinsate is subject to all hazardous waste regulations. If a container empty per 261.7 is rinsed, the rinsate is exempt, including from requirement to determine if the rinsate is characteristic. (SUPERSEDED: see RPC# 4/12/04-02)
 
04/01/1990SATELLITE ACCUMULATION STANDARDS FOR SMALL QUANTITY GENERATORS Question & Answer
 Description: Small quantity generators (SQG) may accumulate up to 55 gallons of nonacute hazardous waste in a satellite areas without meeting storage requirements provided accumulation meets the requirements in Section 262.34(c).
 
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).
 
02/22/1990D001 CHARACTERISTIC WASTES - LAND DISPOSAL RESTRICTIONSMemo
 Description: Waste cannot be disposed of unless treated to land disposal restrictions (LDR) treatment standards, disposed in no-migration unit, or subject to exemption or variance from treatment standards. D001 ignitable waste must be treated to treatment standard before disposal. There are special requirements for ignitable wastes placed in a surface impoundment, landfill, waste pile, and land treatment unit.
 
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).
 
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).
 
12/13/1989DIGESTION OF EP AND TCLP EXTRACTS PRIOR TO METAL ANALYSISMemo
 Description: For Method 1310 (extraction procedure) (EP) and Method 1311 (TCLP) the extracts should be digested prior to metal analysis if waste contains phases or if the waste precipitates during cold storage.
 
11/17/1989RECYCLING OF LEAD-ACID BATTERIESMemo
 Description: Restricted wastes, like lead-acid batteries, may be stored on the land in tanks or containers (i.e., land disposed) without meeting treatment standards if done solely to accumulate as necessary to facilitate proper recovery, treatment, or disposal. Storage must comply with all storage standards, such as secondary containment. the Battery shell (casing/housing) is the container (SEE ALSO: Part 273).
 
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).
 
10/19/1989SPENT LEAD-ACID BATTERIES MANAGEMENTMemo
 Description: Speculative accumulation is not applicable to lead-acid batteries (battery) that are reclaimed or any other material already defined as solid waste. Persons who store but do not reclaim batteries are not subject to regulation (SEE ALSO: Part 273).
 
09/28/1989OFF-SPEC COMMERCIAL CHEMICAL PRODUCTS AT BOTTLING FACILITYMemo
 Description: Product solvent that is discarded because it was contaminated with another product while being containerized is an off-specification CCP and is a P-listed or U-listed waste if the solvent is listed in 261.33. RCRA waste codes and regulations applicable to wastes do not necessarily correspond to DOT hazardous material descriptions. Wwastes are defined as hazardous under RCRA, in part, based on characteristics, such as ignitability (D001) and corrosivity (D002).
 
09/26/1989WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: Wastewater treatment units (WWTUs) receiving off-site wastewater meets the WWTU exemption provided prior shipment or treatment does not violate NPDES or pretreatment requirements. Tank storage or treatment prior to shipment is not exempt.
 
09/12/1989EXCLUSIONS 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).
 
08/15/1989EPA IDENTIFICATION NUMBERS AND FACILITY LOCATIONMemo
 Description: Generators and transporters must obtain EPA ID numbers before they treat, store, dispose of, transport, or offer for transportation, hazardous waste. EPA generally issues one EPA ID number to each unique site. The on-site definition may help in deciding whether a facility constitutes more than one site for purposes of assigning ID numbers (SEE ALSO: RPC# 9/1/83-01). The Region or state implementing agency ultimately decides how many EPA ID numbers apply to particular facility.
 
08/02/1989SATELLITE ACCUMULATION PROVISION, CLARIFICATIONMemo
 Description: The 55-gallon limit applies to the total of all non-acutely hazardous waste in a satellite accumulation area. There is no limit on total number of satellite accumulation areas at a facility. There is no specific size of containers required for satellite accumulation.
 
08/02/1989SCOPE OF THE K051 AND K052 LISTINGSMemo
 Description: Sludges generated at bulk terminals are not typically within the scope of K051 and K052 listings (SEE ALSO: F037, F038 in 261.31). If K049, K051, or K052 wastes are shipped to a bulk terminal, wastes derived from their management meet the listings. The discharge of residuals from K049 storage to an oil-water separator could make the resulting sludge listed via the derived-from and mixture rules.
 
07/21/1989ACETONE AND METHANOL CONTAMINATED WASHWATERSMemo
 Description: When toluene is used as solvent in a production process and then recovered, trace quantities of toluene found in facility's washwaters are not normally F-listed spent solvents and do not render all facility wastewaters and sludges hazardous via the mixture rule. Using pure methanol and acetone as a drying agent to extract water from a product is solvent use, and resulting wastes are F003. If a product contains only F003 solvents before use, wastes from solvent use are F003. F003 that is nonignitable when generated is still F003 until mixed with solid waste and qualifies for 261.3(a)(2)(iii) mixture rule exemption (SEE ALSO: 66 FR 27266; 5/16/01). If a tanker truck holding P- and U-listed hazardous waste is rendered empty according to 261.7 (contents removed using "reasonable" means and less than one inch or 0.3% of tanker volume remains), water from subsequent rinsing is not regulated, even if it contains traces of P- or U-listed chemicals.
 
07/20/1989TRANSPORTERS MOVING WASTE FROM LARGE CONTAINERS TO SMALLER CONTAINERS AT TRANSFER FACILITIESMemo
 Description: A transporter repackaging waste from one container to another (e.g., consolidating) or mixing hazardous waste at a transfer facilities does not need a permit, unless the transporter is conducting treatment.
 
07/13/1989SATELLITE ACCUMULATIONMemo
 Description: Portable roll-off boxes meet the 260.10 definition of container and may be used for satellite accumulation as long as quantity limits, time limits, and other conditions of 262.34(c) are met. Any device meeting the definition of a container may be used for satellite accumulation.
 
06/26/1989MIXED WASTE REGULATION - RCRA REQUIREMENTS VS. NRC REQUIREMENTSMemo
 Description: Activities that do not require a permit include: recycling, resource recovery, totally enclosed treatment, and treatment in a generator’s accumulation tank. EPA is not planning to modify storage rules to allow generators to hold radioactive mixed waste on-site for radionuclide decay beyond 90 days without a permit (SEE ALSO: 64 FR 63464; November 12, 1999). EPA and the Nuclear Regulatory Commission (NRC) are developing guidance to integrate regulations on radioactive mixed waste storage. EPA and the NRC agree on dual manifesting of mixed waste. Hazardous waste can be shipped to a designated facility in a state that does not regulate that waste as hazardous. EPA does not require a transporters to obtain permits, but States may do so. States may list used oil as hazardous waste.
 
06/23/1989REGULATION OF CANCELLED PESTICIDESMemo
 Description: Until the FIFRA regulations are amended to reflect RCRA Subtitle C storage standards, the regulations applicable to storage of suspended or canceled U-listed pesticides (silvex and 2,4,5-T) are determined on a case-by-case basis (SUPERSEDED).
 
06/05/1989REGULATORY STATUS OF RESIDUES REMOVED FROM EMPTY CONTAINERSMemo
 Description: Residues remaining in or removed from containers that have already been rendered "empty" according to 261.7 are not regulated. Such residues from empty containers are regulated if subsequent management (i.e., incineration) causes them to exhibit a new characteristic. (SEE ALSO: RPC# 4/12/04-02)
 
05/03/1989INCINERATOR RESIDUES/RECYCLING DEFINED/ACCUMULATIONMemo
 Description: Soft hammer certifications are required when waste or residues are land disposed. An incineration facility must perform an analysis of residues. A waste sent for recycling is subject to land disposal restrictions (LDR) notification. Facilities storing waste to accumulate sufficient quantities are still subject to all other regulatory requirements.
 
04/01/1989GENERATOR STANDARDS APPLICABLE TO TRANSPORTERSQuestion & Answer
 Description: Transporters who mix wastes are not eligible for the 262.34 accumulation time provision. Transporters may hold waste for ten days or less at a transfer facility without a permit.
 
03/27/1989STORAGE PERMIT FOR FACILITIES INVOLVED IN HAZARDOUS WASTE RECYCLINGMemo
 Description: Hazardous waste fuel blending tanks are subject to storage regulations (not exempt recycling units). Federal regulations do not specify an allowable holding time before off-loading a shipment of hazardous waste into the recycling process. Some States may allow up to 24 hours before a storage permit is required.
 
03/17/1989BERYLLIUM WASTE DUSTMemo
 Description: Solidified and containerized beryllium dust and other filtration elements collected by a vacuum hood and directed through a two stage filtration system are solid waste if they are abandoned by land disposal. The waste is not P015 or listed, but is hazardous if characteristic.
 
03/14/1989SUMMARY OF ASSISTANCE BRANCH PERMITTING COMMENTSMemo
 Description: Discusses an automatic waste feed shut-off design for munitions deactivation (popping) furnaces and fugitive emissions control from popping furnaces. Pits used for dewatering and open burning are surface impoundments, not miscellaneous units. EPA can use omnibus provisions to impose additional controls on open burning in surface impoundments. Waste explosives that do not have the potential to detonate cannot be destroyed in open burning/open detonation (OB/OD) units. Solvents contaminated with explosives that have the potential to detonate can be open burned. Because open burning/open detonation (OB/OD) of waste explosives is treatment, not disposal, the land disposal restrictions (LDR) do not apply. Treatment residues may be subject to LDR. Clarifies when the disposal of explosives requires a permit and when unused explosives become wastes (SEE ALSO: 62 FR 6622; 2/12/97). Burning commercial fuel in fire training exercises is not regulated under RCRA. Discusses methods of determining soil background levels for the clean closure of surface impoundments and waste piles, circumstances in which the unit type can be redesignated during interim status, cleanup standards for corrective action, compliance points for soil and groundwater cleanup, timing of corrective action cleanup activities and site monitoring, termination of groundwater corrective action, the use of institutional controls, the use of trial burn data from one facility at other incinerators, the evaluation of trial burn plans for popping furnaces, and the use of in-place hydraulic conductivity testing during liner installation for surface impoundments and landfills. A landfill’s clay layer component of the final cover must be completely below the average frost depth. Addresses the use of natural material (calcium carbonate) and cement kiln dust in waste stabilization, the use of the RCRA corrective action plan (CAP) in HSWA permit preparation, the use of the 261.4(f)(2) authority to implement Subpart X standards in RCRA authorized states, and the permitting deadlines for Subpart X facilities.
 
03/13/1989APPLICABILITY OF PERMITTING REQUIREMENTS TO SOLVENT RECYCLERSMemo
 Description: The direct transfer of solvents from transportation tanks into distillation equipment does not require a storage permit.
 
01/03/1989EPA POLICY REGARDING STORAGE PERMIT REQUIREMENTS FOR OFF-LOADING HAZARDOUS WASTES DIRECTLY INTO A UNIT WITHOUT PRIOR STORAGEMemo
 Description: The EPA allows time for off-loading waste into the recycling process without obtaining a storage permit. The specific timeframe is determined by the appropriate Region or state implementing agency.
 
01/03/1989REGULATION OF HAZARDOUS WASTE TRANSFER OPERATIONSMemo
 Description: Blending and feed storage tanks may be useful in establishing a uniform feed rate. However, the trial burn should determine if a facility can comply with the emissions performance standards without a feed storage tank.
 
01/03/1989REGULATORY STATUS OF PERSONNEL PROTECTIVE EQUIPMENTMemo
 Description: Contaminated clothing and similar debris are not solid wastes, but may be regulated under the contained-in policy. If contamination cannot be removed, clothing must be treated to meet the land disposal restrictions (LDR) treatment standards prior to disposal. The empty container rule does not apply to contaminated clothing and personal protective equipment (PPE).
 
12/09/1988RCRA STORAGE FACILITY REQUIREMENTS, OFF-LOADING FROM TANK TRUCKSMemo
 Description: EPA allows time for off-loading of hazardous waste fuel into an incinerator without requiring a storage permit. The specific time frame determined by the appropriate Region or state implementing agency. The omnibus authority may be used to ensure safe off-loading.
 
12/07/1988INDUSTRIAL PLATING OPERATIONS, STATUS OF VARIOUS WASTES FROMMemo
 Description: Electroless plating is not electroplating. A facility with a recycling unit needs a permit only for hazardous waste storage prior to or after recycling unless the reclamation process involves incineration or land disposal. Partially reclaimed waste which only needs further refining before it can be beneficially used may not be a waste. Partially reclaimed material may be eligible for a variance. Discussion of the regulatory status of filter cake from treatment of plating wastes. Filter cake from thre treatment of an electroplating bath is more likely to be a spent material than a sludge (i.e., plating bath is not wastewater).
 
11/30/1988INTERIM STATUS SURFACE IMPOUNDMENTS & CLEAN CLOSED WASTE PILES, CODIFICATION RULE 12/01/87Memo
 Description: The owner of a surface impoundment or waste pile that received hazardous waste after 7/26/82 and clean closed per 265 standards must submit a post-closure permit application within 6 months of an EPA request (SUPERSEDED: See 63 FR 56711; 10/22/98). An owner of a waste pile clean closed per 265 should submit an equivalency demonstration before a Part B permit application is requested. Submitting an equivalency demonstration does not exempt the owner from having to submit a post-closure permit application.
 
11/02/1988PERMIT REQUIREMENTS RELATING TO ON-SITE TREATMENT AND WASTEWATER TREATMENT UNIT EXEMPTIONSMemo
 Description: The 262.34 accumulation unit permit exemption is not relevant to exempt wastewater treatment units (WWTUs) (SEE ALSO: RPC# 2/1/1995-01). For the WWTU exemption, wastewater is less than 1 percent total organic carbon (TOC) and less than 1 percent total suspended solids (TSS) (SUPERSEDED: see RPC# 2/11/1991-01). A generator in compliance with 262.34 is exempt from permitting for hazardous waste treatment or storage. Accumulation time begins at the moment the waste first enters the unit.
 
10/27/1988PESTICIDE RINSEATE TREATMENT/RECYCLING SYSTEMMemo
 Description: Tanks with no discharge because effluent is recycled or otherwise handled cannot be wastewater treatment units (WWTU). Tanks that have eliminated discharge of effluent as direct result of CWA rules and limits (zero dischargers) can qualify as WWTUs. Reclaimed wastewaters are generally not products. In certain cases, treated wastewater that is legitimately reused is considered "reclaimed" and loses its solid waste status. Listed rinsewater destined for filtering and reuse is a spent material and a solid waste prior to reclamation. Rinsing nonempty containers that held P-listed or U-listed pesticide CCPs renders rinsate listed hazardous waste.
 
10/11/1988CONTRACTORS AND GENERATOR RESPONSIBILTIESMemo
 Description: Waste produced at sea is subject to regulation as soon as it is produced unless it is in an exempt unit such as product or raw material storage tank, product or raw material tank vehicle or vessel, or manufacturing process unit (SEE ALSO: Federal Facility Compliance Act (FFCA) section 3022)). Under EPA's cogenerator policy, either Navy personnel or contractors meeting generator definition may perform Part 262 duties. A contractor may sign a manifest certification on behalf of a generator, such as the U.S. Navy, if properly authorized.
 
09/30/1988AEROSOL CANS, ON-SITE DEPRESSURIZATION OFMemo
 Description: The region is in the best position to determine if aerosol cans are hazardous waste. Generally, cans are hazardous if they contain a listed or characteristic CCP and are not empty per 261.7 and/or if the cans themselves exhibit a characteristic. The region determines if depressurizing aerosol cans meets the definition of treatment. Waste aerosol cans generated in military housing are exempt household hazardous waste (HHW).
 
09/01/1988OIL 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.
 
08/31/1988HAZARDOUS WASTE RECYCLERSMemo
 Description: A recycling facility where waste is directly off-loaded from vehicles into recycling equipment does not need a storage permit. Each facility must be evaluated on a case-by-case basis to determine if storage occurs. The arrival of waste at designated facility is the end of the transportation phase, therefore a designated facility (e.g., recycling facility) cannot be a transfer facility. A piece of property contiguous to a designated facility cannot be a transfer facility.
 
08/11/1988EXPLOSIVES PRESENTING AN IMMEDIATE SAFETY THREAT AND EXPLOSIVES STORED DURING ANALYSISMemo
 Description: The Bureau of Alcohol, Tobacco, and Firearms (BATF) transport of explosives to safe areas for destruction is exempt from RCRA Subtitle C requirements if it is an immediate response. Emergency permits are available for activities that do not constitute an immediate response. Immediate removal and destruction of explosive materials by law enforcement agencies may require an emergency RCRA Subtitle C permit. Emergency permits and provisional transporter ID numbers may be issued via telephone or in writing. Destruction of explosive wastes by open burning/open detonation is thermal treatment that must be conducted at a TSDF in compliance with Parts 264, 265, and 270. If destruction is conducted under a court order or the direction of U.S. Attorney's office, RCRA is not automatically waived (SEE ALSO: 62 FR 6622; 2/12/97). Explosive materials stored as legal evidence by the court or BATF become waste (i.e., is generated) when the court or BATF no longer has use for the explosives as evidence. Generators are defined both by person and by site. Each BATF field office or storage locker area where explosive material becomes a hazardous waste is an individual generation site requiring its own EPA ID number. Storage of waste explosives at BATF facilities is not subject to permitting if accumulation time does not exceed 90 days and other generator accumulation requirements are satisfied.
 
07/29/1988REGULATORY STATUS OF DRY CLEANERS WHO RECYCLE SPENT CARTRIDGE FILTERSMemo
 Description: A generator should only count hazardous waste that is subject to regulation. Spent dry-cleaning filters placed directly into a distillation unit without intervening storage are not counted.
 
07/28/1988LEACHATE AND RESIDUES GENERATED FROM TREATMENT, STORAGE, OR DISPOSAL OF CHARACTERISTIC WASTEMemo
 Description: Solid waste derived from the treatment, storage, or disposal of a hazardous waste is itself a hazardous waste until it meets the criteria of 261.3(d) (SEE ALSO: 66 FR 27266; 5/16/01).
 
07/19/1988EFFECT OF LAND DISPOSAL RESTRICTIONS ON TRANSFER OF WASTE DURING FACILITY CLOSUREMemo
 Description: Transferring waste between units at an active facility or during closure is land disposal and triggers the land disposal restrictions (LDR) treatment requirements. In-situ treatment or movement of waste within the unit is not placement and so waste is not subject to LDR treatment standards.
 
07/01/1988TANK REPLACEMENTQuestion & Answer
 Description: The replacement of a hazardous waste storage tank would not constitute final closure. There is no notification for the partial closure of a tank, container, or incinerator. While not specifically required, the tank and equipment should be decontaminated and the region or state implementing agency should be notified.
 
07/01/1988WASTEWATER TREATMENT UNIT/GENERATOR ACCUMULATION TANKQuestion & Answer
 Description: Wastewater treatment units (WWTUs) must be dedicated for use with an on-site wastewater treatment facility. Tanks occasionally or routinely used to store or treat wastewaters before off-site transfers are not WWTUs.
 
06/24/1988DRUM SHREDDER REGULATIONMemo
 Description: A drum shredder that processes containers filled with hazardous waste is a miscellaneous unit requiring a permit. Certain tank requirements may be appropriate for inclusion in the Subpart X permit.
 
06/13/1988MIXED WASTE DISPOSAL FROM RADIOACTIVE MATERIALS MANUFACTURING OPERATIONSMemo
 Description: There is no disposal capacity or treatment technologies available for radioactive mixed waste. Therefore, storage may be the only waste management option for mixed waste (SEE ALSO: RPC# 9/28/90-01). Mixed wastes are not subject to federal regulation until a state obtains authorization to regulate the hazardous component of mixed waste.
 
06/13/1988SMALL-VOLUME MIXED WASTE LABORATORY GENERATED MATERIALS AND LEADMemo
 Description: There is no disposal capacity or treatment technologies available for radioactive mixed waste. Therefore, storage may be the only waste management option for mixed waste (SEE ALSO: RPC# 9/28/90-01). Mixed wastes are not subject to federal regulation until a state obtains authorization to regulate the hazardous component of mixed waste.
 
06/02/1988SECURITY REQUIREMENTS AT FACILITIESMemo
 Description: A facility where all the hazardous waste treatment and storage occurs within a building may be able to use the walls of building to comply with the 264.14(b)(2) security barrier requirement. The 264.14(c) sign requirements are still applicable.
 
06/01/1988HAZARDOUS WASTE TANKSQuestion & Answer
 Description: The age of a tank for the purposes of release detection requirements is based on when the tank was first installed, not when the tank was first used for hazardous waste storage.
 
06/01/1988HAZARDOUS WASTE TANKS/CONTAINERS - CAPACITY OF SECONDARY CONTAINMENTQuestion & Answer
 Description: A vault containing both tanks and containers must be able to contain 100% of the largest tank. If that volume is greater than 10% of the containers’ volume, then no additional capacity is needed. 110% capacity is not required.
 
05/27/1988SOIL BACKGROUND LEVELS AS CLEAN CLOSURE STANDARDS, USE OFMemo
 Description: Clean closure levels for surface impoundments, waste piles, and land treatment units must be based on EPA-recommended exposure levels or factors that have undergone peer review by EPA. Where no health-based levels exist, clean closure levels are based on background or exposure levels submitted by the owner based on toxicity data. Includes recommendations for clean closure levels for lead and cadmium. Lead background levels should be established by taking soil samples at an uncontaminated area of the facility or by using published literature data on lead levels in similar soils (SUPERSEDED: see RPC# 5/7/90-01).
 
05/13/1988INTERPRETATION OF 40 CFR 268.7 REQUIREMENTSMemo
 Description: Listings depend on how materials are used in a process, not only on the hazardous constituents. Restricted wastes that are treated, stored, disposed on site or sent off site are subject to the testing, recordkeeping, and manifest requirements. Wastes sent to a recycling facility are subject to the land disposal restrictions (LDR). Treatment residues are subject to LDR notification (SEE ALSO: 62 FR 25997; 5/12/97).
 
05/13/1988LAND DISPOSAL RESTRICTIONS TESTING AND RECORD KEEPING REQUIREMENTSMemo
 Description: Listings depend on how materials are used in a process, not only on the hazardous constituents. Restricted wastes that are treated, stored, disposed on site or sent off site are subject to the testing, recordkeeping, and manifest requirements. Wastes sent to a recycling facility are subject to the land disposal restrictions (LDR). Treatment residues are subject to LDR notification (SEE ALSO: 62 FR 25997; 5/12/97).
 
05/12/1988DEMONSTRATING EQUIVALENCE OF PART 265 CLEAN CLOSURE WITH PART 264 REQUIREMENTSMemo
 Description: Under 270.1(c), owners of interim status surface impoundments and waste piles who clean closed under the old Part 265 closure standards may demonstrate equivalency with the 264 closure standards. Discusses the contents of the demonstration equivalency and the procedures for submittal. If an attempt at a closure equivalency demonstration does not meet the 264 standards, the owner must submit a Part B permit application. Addresses the acceptability of specific information supporting equivalency demonstrations. An owner of an interim status landfill where waste was removed at closure can reclassify it as a waste pile and demonstrate clean closure equivalency, or the owner may request a shortened post-closure care period (SEE ALSO: 63 FR 56711; 10/22/98).
 
05/01/1988LAND DISPOSAL RESTRICTIONS - MANIFEST REQUIREMENTSQuestion & Answer
 Description: The manifest number information that is required in the land disposal restrictions (LDR) notification provisions is not necessary for those waste shipments which are not required to have manifests (SEE ALSO: 268.7(a)(10)).
 
04/20/1988GENERATOR COUNTING REQUIREMENT FOR SOLVENT STILLSMemo
 Description: If a generator reclaims hazardous waste spent solvent but does not store it prior to reclamation, only still bottoms are counted toward the generator category determination. If a generator stores a spent solvent before reclamation, the spent solvent is counted, but still bottoms are not.
 
04/19/1988CALL-IN OF STORAGE AND TREATMENT APPLICATIONSMemo
 Description: Pursuant to 3005(c)(2)(C), interim status treatment and storage facilities that were in existence on 11/8/84 must submit their Part B permit applications by 11/8/88, or their interim status will terminate on 11/8/92. A facility with only tanks, containers, or incinerators must submit a closure plan 45 days prior to the date that closure will begin.
 
04/19/1988CALL-IN OF STORAGE AND TREATMENT APPLICATIONS PRIOR TO 11/08/88 DEADLINEMemo
 Description: Pursuant to 3005(c)(2)(C), interim status treatment and storage facilities that were in existence on 11/8/84 must submit their Part B permit applications by 11/8/88, or their interim status will terminate on 11/8/92. A facility with only tanks, containers, or incinerators must submit a closure plan 45 days prior to the date that closure will begin.
 
03/02/1988CLEANUP LEVELS FOR LEAD AND CADMIUM IN SOILS FOR CLEAN CLOSUREMemo
 Description: VERIFIED REFERENCE DOSES (RFDS) AND Carcinogenic Potency Factors (CPFs) can be used to set soil cleanup levels during clean closures of surface impoundments, waste piles, and land treatment units. Where no EPA-recommended health-based limit exists for a contaminant, a soil cleanup level may be based on background levels or by data developed by the owner to support a health-based limit. If the cleanup level cannot be established, then clean closure cannot be achieved and the unit (i.e. surface impoundment, waste pile, or land treatment unit) must close as a landfill. Provides guidance for determining the background levels for lead in soil for clean closures of surface impoundments, waste piles, and land treatment units. Discusses how to determine background levels of lead in soil.
 
02/25/1988ATON BATTERIES, GENERATOR DEFINITION FORMemo
 Description: A generator site may include each vessel where waste is generated. If a buoy is brought onto a ship to remove an ATON battery, the ship is the generation site rather than the buoy. A ship accumulates spent batteries per 262.34. A shore facility accepting spent batteries may qualify as a transfer facility (SEE ALSO: Federal Facility Compliance Act (FFCA) section 3022 and Part 273).
 
02/08/1988TANK SYSTEMS SINCE CHANGES IN DEFINITION OF HAZARDOUS WASTE, CLASSIFICATION OFMemo
 Description: A tank system in existence prior to its contained material becoming hazardous waste is an existing tank system. A tank system not used to store the material prior to its becoming a hazardous waste is new tank system.
 
02/02/1988CLOSURE REQUIREMENTSMemo
 Description: EPA recognizes the inconsistencies between the tank and container closure requirements and plans to revise Subpart I to ensure consistency. The 3/19/87 clean closure guidance (52 FR 8704) should be applied to closure by the removal of wastes from any RCRA unit. EPA plans to allow interim status and permitted landfills to defer closure to manage nonhazardous wastes. Characteristic waste must be managed as hazardous unless it no longer exhibits any of the four characteristics. Discusses the more protective clean closure action levels v. hazardous waste identification levels. Listed wastes and any waste residues or contaminated soil or debris removed during closure are hazardous unless delisted. The concentrations of total organic carbon (TOC) and total organic halogens (TOX) cannot be used to determine if decontamination wastewater is hazardous.
 
02/01/1988BLENDING OF HAZARDOUS WASTE FUEL BURNED IN CEMENT KILNSQuestion & Answer
 Description: Tanks in which hazardous waste fuels are blended are regulated by 264 Subpart J/265 Subpart J regardless of the type of unit in which the waste will be burned. Blending tanks are subject to the same regulations as storage tanks (266.31(c) cement kiln exclusion SUPERSEDED: See 266 Subpart H).
 
02/01/1988CLEAN CLOSURE OF INTERIM STATUS SURFACE IMPOUNDMENT AND WASTE PILEQuestion & Answer
 Description: Surface impoundments, waste piles, landfills, and land treatment units which received waste after 7/26/82 or certified closure after 1/26/83 must either have post-closure permits or demonstrate that clean closure was equivalent to Part 264 closure (270.1(c)) (SEE ALSO: 63 FR 56711; 10/22/98). Post-closure permits for these units would include Part 264 groundwater monitoring, unsaturated zone monitoring, corrective action and post-closure care.
 
01/13/1988SATELLITE ACCUMULATION AREA REGULATIONSMemo
 Description: Satellite accumulation areas are not subject to permitting, interim status, or the requirements for generator storage under 262.34(a).
 
01/11/1988HOUSEHOLD HAZARDOUS WASTE EXCLUSIONMemo
 Description: There are no federal requirements for the transportation, treatment, storage, or disposal of household hazardous waste (HHW).
 
01/01/1988“LAB PACKS” AT GENERATOR SITESQuestion & Answer
 Description: A service company may act on behalf of a generator and re-package waste into larger containers (lab packs) with absorbents without a permit. Generators may treat in accumulation tanks or containers provided the treatment is not thermal treatment or incineration. The addition of absorbents to waste is exempt from permitting.
 
12/24/1987COAL TAR DECANTER SLUDGE WASTE PILE (TOLEDO COKE)Memo
 Description: Discusses the regulatory status of a coal tar decanter sludge waste pile. K087 stored before recycling in coke or coal tar production is not exempt under 261.6(a)(3)(vii) (SUPERSEDED: See 56 FR 7203; 2/21/91, 261.4(a)(10), and 261.4(a)(12)).
 
12/21/1987WASTEWATER TREATMENT AND ELEMENTARY NEUTRALIZATION UNITS EXEMPTIONMemo
 Description: Provides a clarification of wastewater treatment facility. A facility must be on site and have an NPDES permit or discharge to a POTW. The means of conveyance between units does not matter. Wastewater treatment units (WWTUs) can receive wastewater from off site and remain exempt. A tank system used to manage wastewater prior to an off-site transfer is not covered by the exemption. Discusses zero-discharge NPDES permits and wastewater treatment units (WWTUs).
 
12/17/1987CLOSURE AND POST-CLOSURE ISSUES FOR INTERIM STATUS SURFACE IMPOUNDMENTSMemo
 Description: EPA may extend the time allowed for the closure of a surface impoundment to allow groundwater corrective action so that the owner can achieve clean closure. Units closing by removal under Part 265 (e.g. surface impoundments, waste piles, and land treatment units) must obtain post-closure permits unless the owner demonstrates equivalence with 264.228, 264.280(e), or 264.258 closure by decontamination standards (SEE ALSO: 63 FR 56711; 10/22/98). The owner of an interim status landfill that has closed by removal and has not triggered groundwater assessment does not have to monitor groundwater for the full list of Appendix VIII or IX constituents. Groundwater evaluation conducted as part of the 265 clean-closure demonstration should establish constituents that could reasonably be expected to exist at the impoundment. A surface impoundment that has triggered groundwater assessment may not be able to clean close.
 
12/09/1987CLARIFICATION OF SMALL QUANTITY GENERATOR REGULATIONSMemo
 Description: Generators who treat or reclaim solvent waste on site do not need to count distillation bottoms if the original waste has already been counted once. CESQGs may treat, store, or dispose waste on site or off site if they meet 261.5(g)(3). Recycling facilities may accept CESQG waste.
 
11/01/1987SECTION 270.72 CHANGES IN INTERIM STATUSQuestion & Answer
 Description: An owner of an existing interim status facility can sell a portion of the facility to a new owner, transferring interim status for that part of facility to new owner. The new owner must comply with Part 265 requirements. Any changes are subject to 270.72 limitations.
 
10/29/1987UCAPCO APPLICATION FOR A VARIANCE UNDER 3004(C)(2) OF RCRAMemo
 Description: Variances from the minimum technological requirements (MTR) may be obtained if an alternate system can prevent the migration of any hazardous constituents into the groundwater. The term groundwater is not limited to only groundwater beyond the waste management area (surface impoundment, waste pile, landfill).
 
10/28/1987NOTIFICATION REQUIREMENT WHEN SHIPPING RESTRICTED WASTES TO A STORAGE FACILITYMemo
 Description: Generators must determine if their waste is subject to the land disposal restrictions (LDR) at the point of generation through analysis or knowledge of the waste. Facilities are required to send LDR notification with each waste sent to an off-site storage facility (SUPERSEDED: 62 FR 25997; 5/12/97).
 
10/02/1987EXTENSIONS TO STORAGE PROHIBITION AND LAND DISPOSAL RESTRICTIONSMemo
 Description: Discusses a request for a case-by-case extension of the effective date of land disposal restrictions (LDR) for low-level radioactive mixed waste that is to be incinerated. RCRA does not allow an extension of the effective date of the 3004(j) storage prohibition (SEE ALSO: 64 FR 63464; 11/19/99).
 
09/16/1987SW-846 METHODS MANUALMemo
 Description: The use of SW-846 methods is generally not required except for quality assurance/quality control procedures and determining if the waste is characteristic. Discusses sampling, analysis for delisting petitions, incinerator trial burns, and determining if bulk or containerized waste contains free liquids prior to disposal in a landfill.
 
09/04/1987COAL TAR DECANTER SLUDGE WASTE PILE (TOLEDO COKE)Memo
 Description: The 261.6(a)(3)(v) exemption is only for coke and coal tar products recycled from coal tar decanter sludge (K087), not for K087 stored in a waste pile before recycling. K087 used to produce coke is not an exempt use or reuse because it is used for a fuel (SUPERSEDED: See 56 FR 7203, 2/21/91; and 57 FR 27880, 6/22/92; and 261.4(a)(10), and 261.4(a)(12)).
 
09/01/1987AEROSOL PAINT AND SOLVENT CANS DEMONSTRATION OF REACTIVITYQuestion & Answer
 Description: An aerosol can emptied according to 261.7 is still hazardous waste if it exhibits the reactivity characteristic (D003) (SEE ALSO: RPC# 1/4/94-02).
 
09/01/1987LAND DISPOSAL RESTRICTIONS - CALIFORNIA LISTQuestion & Answer
 Description: An off-site shipment of a California list hazardous waste must be accompanied by a manifest, even if the waste code which makes it hazardous is not restricted (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97). Sludges which result from the treatment of restricted characteristic wastewaters and are destined for reclamation are not subject to the land disposal restrictions (LDR) because they are not solid wastes (SUPERSEDED: see 58 FR 29860; 5/24/93) (SEE ALSO: 60 FR 43654; 8/22/95).
 
08/31/1987MIXTURES OF WASTES AND LEGITIMATE BURNING FOR ENERGY RECOVERYMemo
 Description: A sham recycling of waste by burning (less than 5000 Btu heating value) determination is site-specific. The blending of high and low Btu value waste may not render subsequent burning a sham (SUPERSEDED: RPC# 11/8/94-01; 266.100). A listed waste treatment residue retains its listing. EPA waste codes are not required on the manifest by EPA, but states or DOT may require them (SEE ALSO: RPC# 11/17/89-02).
 
08/01/1987DEFINITION OF SOLID WASTE AND RECLAMATIONQuestion & Answer
 Description: A commercial chemical product (CCP) that has exceeded its shelf-life can be shipped back to the manufacturer for possible reclamation without a manifest (reverse distribution). An unused chemical remains a CCP (not solid waste) until such time that the manufacturer discards or intends to discard the CCP.
 
08/01/1987EXPORTING HAZARDOUS WASTEMemo
 Description: Uncracked lead-acid batteries sent to Canada for recycling are not subject to the export requirements (3017) because they are not subject to manifesting. (SUPERSEDED: See 266.80(a)(6)-(7), 273.20, 273.40, 273.56)
 
07/30/1987AIDS TO NAVIGATION (ATON) BATTERIES AND RCRA REQUIREMENTSMemo
 Description: Each ATON unit service area (landbased or tender vehicle) is a point of generation (ships as generators) that is subject to the applicable generator standards (SEE ALSO: Federal Facility Compliance Act (FFCA) section 3022)). Aids to navigation batteries (ATON) that are removed from service must be manifested. The location where the battery is removed from service is a waste generation site. Batteries may be held for up to 10 days at a transfer facility (SEE ALSO: Part 273). The entire aid to navigation (ATON) battery is counted in weight calculations. Each ATON unit service area (landbased or tender vehicle) is a point of generation that is subject to the applicable generator standards. The satellite accumulation area provisions do not apply to ATON service locations (SEE ALSO: Part 273).
 
07/29/1987TRD INDICATING THAT ETHANOL AND STAINLESS STEEL ARE COMPATIBLEMemo
 Description: Ethanol is compatible with stainless steel equipment used for tanks and containers.
 
07/01/1987ON-SITE TREATMENT BY GENERATORS UNDER 262.34Memo
 Description: Generators can treat in accumulation tanks or containers without a permit provided the treatment occurs in units complying with Subparts I or J of 265. Open burning in drums or tanks is not allowed under 262.34. Subparts I and J limit the type of treatment that can occur. Burning in open drums is not allowed because open burning (defined in 260.10) is a method of disposal. Open burning (thermal treatment) of waste, except for explosives, is prohibited under 265.382.
 
06/29/1987STATE AUTHORIZATION AND REGULATION OF RADIOACTIVE MIXED WASTESMemo
 Description: Radioactive mixed waste is not regulated under RCRA in an authorized state until the state receives authorization. States can regulate mixed waste under state law. There are no inconsistencies between the Nuclear Regulatory Commission and EPA generator storage requirements (SEE ALSO: 64 FR 63464; 11/19/99).
 
06/26/1987ADJACENT WASTE PILES INTO REGULATED SURFACE IMPOUNDMENT, PLACEMENT OF (CIBA-GEIGY)Memo
 Description: The placement of adjacent waste soil piles in a regulated surface impoundment as part of closure is permissible. The placement of hazardous waste beyond the boundary of a regulated unit constitutes lateral expansion and must meet minimum technological requirements (3004(o)(1)).
 
06/26/1987SLUDGE CONTAINING 1,1,1-TRICHLOROETHANE (TCE)Memo
 Description: Solvent wastes placed in storage or land disposed prior to the effective date of the land disposal restrictions (LDR) become subject to LDR when they are removed from storage or taken out of the land, unless they are subject to a variance or meet the applicable treatment standard.
 
06/26/1987TREATMENT AND DISPOSAL METHODS FOR LOW-LEVEL WASTES THAT CONTAIN UNCONTAMINATED OR RADIOACTIVE LEADMemo
 Description: Activated lead may be stored to allow radioactive decay prior to disposal as a hazardous waste. Mixed waste storage requires a permit. Surface-contaminated lead may be decontaminated. EPA may establish below regulatory concern (BRC) levels for radiation. Container liners used as shielding in low-level waste disposal are not RCRA-regulated. Encapsulation may be a viable treatment for lead wastes if the process results in a product that will not degrade after disposal (SEE ALSO: 64 FR 63464; 11/19/99).
 
06/16/1987CONTAINERS USED TO HOLD LISTED CHEMOTHERAPY DRUGSMemo
 Description: Several chemotherapy drugs are U-listed wastes. In order to minimize exposure, EPA recommends against rendering vials holding these drugs empty under 261.7. Instead, the entire volume of waste, including the vials themselves, should be weighed.
 
05/13/1987PACKAGES CONTAINING RESIDUAL URETHANE COATING CHEMICALSMemo
 Description: Containers holding listed or characteristic residues should be emptied according to 261.7 to ensure that containers are no longer subject to Subtitle C regulation. 261.7 applies to all hazardous wastes, not just P-listed and U-listed CCPs.
 
05/01/1987DISPOSAL PRIOR TO NOVEMBER 19, 1980Question & Answer
 Description: A tank closed in accordance with existing industry practices in 1977 is an inactive disposal facility and is not subject to RCRA Subtitle C, unless the waste is subsequently managed in a manner that constitutes treatment, storage, or disposal. EPA could enforce under 7003 or CERCLA.
 
04/17/1987SPENT LEAD-ACID BATTERIES BEING RECLAIMEDMemo
 Description: Waste destined for recycling has the same potential for harm as waste destined for treatment or disposal. Only those persons who reclaim lead-acid batteries are subject to regulation for storage prior to recycling (SEE ALSO: Part 273).
 
04/15/1987EMPTY CONTAINER REGULATIONSMemo
 Description: Emptying containers per 261.7 requires that all wastes be removed from the container using commonly-employed emptying practices and that the container meets the "1 inch" or "3 percent" criterion. Containers that held P-listed products need triple rinsing.
 
04/15/1987SMALL QUANITITY GENERATOR INTERPRETATIONSMemo
 Description: A generator must count still the bottoms if the solvent is directly recycled without any storage. Recycled solvents are only counted once.
 
04/09/1987F027 LISTING - USED AND UNUSED FORMULATIONS IN WOOD PRESERVINGMemo
 Description: In regards to the F027 listing, the word 'used' includes formulations that have contacted wood or which remain in a dip or process tank after preservation. The formulations do not have to be spent to be classified as used; even after one treatment, a formulation is considered to be used. Dipping a piece of wood in a container of unused preservative in order to claim it as used is sham use.
 
04/02/1987THREE AND FOUR-SIDED, FLOORED STRUCTURES, REGULATORY CLASSIFICATION OFMemo
 Description: Describes a tank as a unit that contains materials and a waste pile as a noncontainerized accumulation of solid, non-flowing hazardous waste. Discusses approaches to address the overlap of the definitions of tank and waste pile and the applicability to 3 and 4-sided floored structures.
 
04/01/1987MULTIPLE GENERATOR LOCATION AND CONSOLIDATION (CURRENTLY UNDER REVIEW BY EPA HQ)Question & Answer
 Description: CESQGs must ensure the delivery of waste to one of five types of facilities listed in 261.5(g)(3)(i)-(v) (SUPERSEDED: 261.5 now allows delivery to seven types of facilities). A company may consolidate waste from multiple CESQGs as a transfer facility. CESQG waste that is not sent to a facility specified in 261.5(g)(3)(i)-(v) no longer qualifies for the conditional exemption (SEE ALSO: 61 FR 34252; 7/1/96, 60 FR 25492; 5/11/95) (Currently under EPA review).
 
04/01/1987STORAGE PRIOR TO RECYCLINGQuestion & Answer
 Description: A recycling facility that holds waste in a receiving bin (tank) when a distillation unit is not operating is subject to storage standards. A recycler who uses a receiving bin to convey solvent to a distillation unit is not subject to storage standards provided the tank never holds waste when the unit is not in operation.
 
03/31/1987SPENT PICKLE LIQUOR, REUSE OFMemo
 Description: Spent pickle liquor (K062) that is reused as a neutralizer may not qualify for the direct reuse exemption from the definition of solid waste (SW) depending on site-specific factors. K062 stored without being used for neutralization is clearly SW. The use in manner constituting disposal regulations only apply to wastes or waste-derived material that is placed on the land as a product.
 
03/30/1987SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: A native soil foundation does not constitute a liner for the purposes of the 3005(j)(2) waiver. A 264.282 compatibility demonstration applies to both hazardous and nonhazardous waste. Addresses HSWA waste minimization requirements (3002(b)) and the application of sludge to land treatment units. The identification of principal hazardous constituents for land treated wastes must include all constituents that may enter the waste stream. A land treatment unit performance evaluation must include the unit’s ability to treat and degrade organic constituents, as well as its ability to immobilize heavy metals. Provides guidance on the frequency of soil pore liquid sampling at land treatment units (unsaturated zone monitoring) and guidance on screening groundwater monitoring wells. QA/QC methodology at a land treatment unit should include verification of the organic constituent analysis by gas chromatography/mass spectroscopy (GC/MS). Includes guidance on the content of construction quality assurance plans. A person who conducts quality assurance measures for surface impoundments, waste piles, and landfills should be independent of the construction contractor. Discusses the use of Method 9090 for compatibility testing of liner materials with waste or leachate. All man-made materials that contact waste or leachate should be subjected to the immersion test portion of 9090. A sample of waste or leachate used in compatibility testing must be representative of the actual waste or leachate managed in the surface impoundment, waste pile, or landfill. A concrete pad cannot be equivalent protection. If the design slope of a final landfill cover exceeds 3-5%, the applicant must demonstrate that soil erosion will not be excessive and may need to perform a slope stability analysis. Waste and soil settlement must be included in calculations for the final landfill cover design to be substituted for a waste pile liner as equivalent protection under 3015(a). A flexible membrane liner should not be used in a final cover when the landfill is unusually deep and slopes are steep. Clean, not contaminated, soil should be used for the final cover. A leachate collection system design should be based on realistic infiltration rates. Geogrid and geotextile materials used in place of conventional drainage materials for a landfill must have an equivalent drainage capacity of a one-foot layer of compacted sand. Berms constructed of manufactured slag should not contain hazardous constituents. For landfills, the use of a composite primary liner below the primary synthetic liner is allowable. An owner of a land treatment unit who cannot establish vegetative cover may use an alternate closure procedure. A facility cannot extend closure in order to receive nonhazardous waste (SUPERSEDED: see current 264.113(d)). Addresses the role of the Agency for Toxic Substances and Disease Registry (ATSDR) in exposure information and evaluation. The review of Exposure Information Reports should be coordinated with ongoing RCRA Facility Assessments.
 
03/25/1987PESTICIDE DISPOSAL BY FARMERS AND CONTAINER MANAGEMENTMemo
 Description: Farmer can dispose of rinsate from containers of 2, 4-D pesticide at their own farm if they comply with 262.51 (SUPERSEDED: now 262.70). If farmers render a container empty, they can ship the container without a manifest .
 
03/04/1987FOUNDRY SANDS RECYCLED AND RETURNED TO THE FOUNDRYMemo
 Description: Foundry sands that are accumulated for 90 days or less in tanks or containers prior to recycling are subject to 262.34. A storage permit is required if the foundry sands are stored on site for greater than 90 days.
 
03/01/1987CONSTRUCTION DURING INTERIM STATUSQuestion & Answer
 Description: A facility retains interim status until a permit is granted, interim status is terminated, or interim status is lost. A facility which had interim status and which closed all units retains interim status. The costs of building new storage areas cannot exceed the 50% reconstruction cost. A modified Part A must be submitted under changes during interim status.
 
02/19/1987REPROCESSING OF BATTERIESMemo
 Description: Waste destined for recycling has the same potential for harm as waste destined for treatment or disposal. Only persons who reclaim lead-acid batteries are subject to regulation for storage prior to recycling (SEE ALSO: Part 273). RCRA 3017 mandated export regulations unless the Administrator is notified, the receiving country has consented, a copy of the consent is attached to the manifest, and the shipment conforms to the consent.
 
02/12/1987BATTERY RECYCLING AND EXPORTMemo
 Description: Waste destined for recycling has the same potential for harm as waste destined for treatment or disposal. Only persons who reclaim lead-acid batteries are subject to regulation for storage prior to recycling (SEE ALSO: Part 273). RCRA 3017 mandated export regulations unless the Administrator is notified, the receiving country has consented, the copy of consent is attached to the manifest, and the shipment conforms to the consent. EPA expects that exporters will not typically exceed the 90 day generator time limit.
 
02/11/1987SATELLITE ACCUMULATION AREA AND REGULATIONSMemo
 Description: A generator may accumulate up to 55 gallons of hazardous waste, or one quart of acutely hazardous waste, at a satellite accumulation area. EPA believes that only one waste would normally be accumulated at each area. There is no limit to the number of satellite areas at a generator site. A container in a satellite area does not have to be a specific size. There is no limit on the number of containers at a satellite area.
 
02/01/1987LAND DISPOSAL RESTRICTIONSQuestion & Answer
 Description: The one-year storage prohibition period for a generator with interim status for storage begins on the date when waste is first placed in the tank or container. An owner/operator bears the burden of proof for storing waste longer than one year. Wastes initially accumulated prior to the land disposal restrictions (LDR) are not subject to storage prohibitions.
 
01/20/1987LAND DISPOSAL RESTRICTIONS CLARIFICATIONSMemo
 Description: Discusses a national capacity variance for solvents, dioxins, soils, and media from RCRA and CERCLA cleanups, an exemption for solvents from SQGs, and the land disposal restrictions (LDR) storage prohibition. Ash derived from the incineration of F003 remains listed (SEE ALSO: 66 FR 27266; 5/16/01). F003 mixed with solid waste is no longer hazardous if it is not characteristic via the mixture rule (SUPERSEDED: See 268.3). If the origin is not known, wastes with F001-F005 constituents are considered listed (SUPERSEDED: See 55 FR 8758; 3/8/90).
 
01/12/1987SOLVENT-BEARING WASTEWATER, SLUDGE, AND BRINE TREATED AND STORED IN SURFACE IMPOUNDMENTSMemo
 Description: Wastewaters and sludges with less than 1% total F001-F005 solvents are subject to the land disposal restrictions (LDR) national capacity variance and can be stored or treated in surface impoundments that meet minimum technical requirements (MTR). After the effective date, waste must be treated to meet the treatment standard, disposed pursuant to the case-by-case extension, or managed in a unit with a surface impoundment exemption.
 
01/01/1987CORRECTIVE ACTION - 3008(H)Question & Answer
 Description: 3008(h) applies to facilities which treat, store, or dispose of hazardous waste but that did not apply for interim status; units or facilities at which active operations have ceased and interim status has been terminated; and units which are currently operating under interim status. 3008(h) can be used to compel responses to releases at facilities that lost interim status prior to 3008(h) action.
 
01/01/1987LAND DISPOSAL RESTRICTION, DIOXINS, AND 90-DAY ACCUMULATIONQuestion & Answer
 Description: Generators cannot apply for interim status and cannot store restricted waste for greater than 90 days if the waste received a national capacity variance (SUPERSEDED: see current 268.50).
 
12/31/1986SPECIAL MATERIALS DISPOSED OF IN LANDFILLS: BATTERIES, CAPACITORS, LAB PACKSMemo
 Description: Batteries and capacitors are exempt from the landfill containerized liquid requirements. They do not need to be 90% full, crushed, or shredded before disposal (SEE ALSO: Part 273).
 
12/30/1986DRAINS AND TRENCHES ASSOCIATED WITH TANK SYSTEMSMemo
 Description: In-building floor drains and outside-building trenches that are used to transfer hazardous waste to inground storage tanks comprise a tank system that requires secondary containment. Drains and trenches are ancillary equipment. Trenches may also be sumps that require secondary containment.
 
12/22/1986GENERATOR TREATMENT IN ACCUMULATION TANKS AND CONTAINERSMemo
 Description: Generators can treat hazardous waste in accumulation tanks or containers without a permit, provided treatment performed strictly in accordance with 262.34.
 
12/22/1986TREATMENT OF HAZARDOUS WASTE IN A GENERATOR'S ACCUMULATION TANKS AND CONTAINERSMemo
 Description: Generators can treat hazardous waste in accumulation tanks or containers without a permit, provided treatment is performed strictly in accordance with 262.34.
 
12/05/1986TREATMENT IN ACCUMULATION TANKS AND CONTAINERS ALLOWED FOR ALL GENERATORS SUBJECT TO 262.34Memo
 Description: All generators accumulating waste in compliance with 262.34 may treat waste in on-site tanks and containers.
 
12/04/1986REGULATORY INTERPRETATION REGARDING SPENT REFRACTORY BRICKS THAT ARE PROCESSED AT THE UNIVERSAL MATERIALS, INC. FACILITY IN MAGADORE, OHIOMemo
 Description: Spent refractory bricks as ingredients in new bricks are not solid waste unless speculatively accumulated. Processing (briquetting, crushing, repackaging) not recovering material values is not reclamation. If direct reuse is exempt, the spent material or by-product status is irrelevant. Waste pile representative sampling should entail dividing the waste pile into quadrants with each quadrant sampled using a two-dimensional grid and a random vertical core sample.
 
12/01/1986LAND DISPOSAL RESTRICTIONS - LAND DISPOSAL DEFINITION, LAB PACKS, CONDITIONALLY EXEMPT SQG WASTE, EMPTY CONTAINERSQuestion & Answer
 Description: An explanation of the section 3004(k) definition of land disposal. Because open burning and open detonation (OB/OD) are not land disposal, the land disposal restrictions (LDR) program does not apply to open burning/open detonation. The placement of wastes in vaults/bunkers for disposal is land disposal. If a lab pack contains a restricted waste, the entire lab pack is subject to the land disposal restrictions (LDR). CESQG waste is not subject to the land disposal restrictions (LDR). A container emptied in accordance with section 261.7 is not subject to the land disposal restrictions (LDR).
 
12/01/1986LAND DISPOSAL RESTRICTIONS - STORAGE OF RESTRICTED WASTESQuestion & Answer
 Description: A restricted waste may be stored for up to one year to facilitate proper recovery, treatment, or disposal. The owner/operator may store waste beyond one year but must bear burden of proof. The storage prohibition does not apply to delays due to maintenance, back-ups, or operational difficulties.
 
11/28/1986RESPONSIBILITY FOR CERTIFYING ACCURACY OF GENERATOR CERTIFICATIONSMemo
 Description: There is no requirement for an authorized representative to sign the manifest certification. The person signing the certification should have direct knowledge of the information on the manifest. The generator biennial report certification allows a certification of accuracy and completeness of the report.
 
11/13/1986INTERIM STATUS QUALIFICATION REQUIREMENTS TO HAZARDOUS WASTE FUEL STORAGE FACILITIES, APPLIEDMemo
 Description: A clarification of the notification requirements for hazardous waste fuel storage facilities. The section 3010(a) notification is self-implementing. EPA may waive the section 3010(a) notification requirement. A clarification of “in existence” for facilities beginning operation or construction after 11/19/80.
 
11/01/1986PROHIBITION ON STORAGE OF RESTRICTED WASTEQuestion & Answer
 Description: A generator of a restricted waste may still obtain a 30 day extension to a 90 day accumulation time limit. In addition, generators who need to store restricted waste for longer than 90 days to facilitate recovery, treatment, or disposal may qualify for interim status and apply for a permit.
 
10/30/1986REQUIREMENTS OF A FACILITY GENERATING, STORING, AND MANIFESTING F001Memo
 Description: Storage facilities are subject to the financial assurance regulations.
 
10/08/1986HAZARDOUS WASTES THAT ARE RECYCLED, HANDLINGMemo
 Description: Transportation and storage before recycling and disposal are equivalent. The value of waste to be recycled is not sufficient to exempt it from regulation. The regulation prior to recycling applies only to hazardous waste.
 
10/01/1986CORRECTIVE ACTION FOR NEW FACILITIESQuestion & Answer
 Description: The section 3004(u) corrective action authority covers all facilities seeking permits, including facilities at which no authorized hazardous waste management activity has taken place. Solid waste management units (SWMUs) include landfills, dumps, units in which RCRA-exempt wastes have been stored or disposed.
 
08/28/1986SOLVENT-LADEN CLEANING RAGS UNDER RCRAMemo
 Description: EPA is considering a petition to exempt solvent-contaminated shop towels and disposable industrial wipers from the definition of hazardous waste under the mixture rule (SUPERSEDED: see RPC# 2/14/94-01). Evaporation in a generator accumulation container is not exempt as a condition of the exemption is that containers remain closed except to add or remove waste (SEE ALSO: Part 264/Part 265, Subpart CC).
 
08/19/1986TREATMENT OF HAZARDOUS WASTE IN PIPELINES LEADING TO A WASTEWATER TREATMENT PLANTTREATMENT OF HAZARDOUS WASTE IN PIPELINES LEADING TO A WASTEWATER TREATMENT PLANTMemo
 Description: An elementary neutralization unit (ENU) or wastewater treatment unit (WWTU) can be a series of connected units. A flume, gutter, pipe, or open channel may be defined as a tank. WWTU wastewater is water with few percent contaminants (SUPERSEDED: See RPC# 2/11/91-01, RPC# 6/2/93-04). Pouring characteristic hazardous waste (HW) into an industrial sewer drain pipe where HW mixes with wastewaters is not treatment as the dilution is incidental to the pipe's primary purpose of conveyance (SEE ALSO: 268.3). An open channel in an enclosed building is not a totally enclosed treatment unit (TETU). HW subject to substantive regulation is counted for generator category determination. HW piped directly into an ENU and CWA sewer discharge is not counted. The 261.3(a)(2)(iv) de minimis mixture rule exemption is only for listed HW mixtures, not characteristic mixtures.
 
08/13/1986TANK CONVERSION FROM WASTE STORAGE TO FEEDSTOCK STORAGE - REGULATIONMemo
 Description: A waste storage tank that is closed and converted to product storage is no longer subject to Parts 264 Subpart J/265 Subpart J. A containment structure used to contain a release during an immediate response to a spill is exempt from permitting and the technical standards if the hazardous residue is removed. A release may be subject to section 3004(u) corrective action. Inactive disposal units that are clean closed before 11/19/80 may be subject to sections 3004(u) or 3008(h) corrective action if other hazardous waste management units are currently in operation.
 
08/07/1986LINER/LEACHATE COLLECTION SYSTEM COMPATIBILITYMemo
 Description: HDPE (high density polyethylene) is not a universal material for a liner and leachate collection system for surface impoundments, waste piles and landfills. Different HDPE material varies in physical and chemical properties. A liner and leachate collection system must be chemically resistant to waste in a landfill. This memo provides suggestions for testing landfill components.
 
08/06/1986MOBILE SOLVENT RECYCLER, GENERATOR DETERMINATION FORMemo
 Description: A contractor recycling a solvent at a generator site using a mobile treatment technology is not a cogenerator if the solvent was a hazardous waste before the contractor comes on-site or if the solvent was stored prior to recycling since the contractor activity did not cause a waste to become subject to regulation (SEE ALSO: 45 FR 72024; 10/30/80).
 
07/28/1986HOLDING, TEMPORARY, PERIOD, STORAGE, AND DISPOSAL (DEFINITIONS)Memo
 Description: Holding is not defined in RCRA, but means the containment in a storage unit. A discussion of the definition of storage and disposal. A temporary period is not defined in RCRA, but it is related to closure and financial assurance. A pipe, funnel, or hose used to transfer waste to or from a storage unit is regulated as part of the unit.
 
07/25/1986PERMITTING OF TREATMENT ACTIVITIES IN A GENERATOR'S ACCUMULATION TANKS OR CONTAINERSMemo
 Description: All generators accumulating waste in compliance with section 262.34 may treat in on-site tanks and containers. Treatment in other units requires permit. EPA does not distinguish between accumulation for handling other than treatment and accumulation for the sole purpose of treatment.
 
07/11/1986LEAD-ACID BATTERY IMPROPER DISPOSALMemo
 Description: An individual consumer may dispose of lead-acid batteries (battery) (baunder household hazardous waste (HHW) exemption). EPA regulates storage of lead-acid batteries by the reclaimer prior to the reclamation, but not the generation, storage, or transportation by other persons (SEE ALSO: Part 273).
 
06/17/1986PERMITTING OF TREATMENT ACTIVITIES OCCURRING IN A GENERATOR'S ACCUMULATION TANKS OR CONTAINERSMemo
 Description: Detailed discussion of the EPA policy allowing generators to treat hazardous waste in accumulation tanks or containers without obtaining a permit or interim status (SEE ALSO: 51 FR 10168; 3/24/86). If a facility has interim status, and should withdraw permit application, Region or State will determine residual interim status obligations (e.g., closure requirements).
 
05/23/1986USED X-RAY FILMSMemo
 Description: Based on trade association data, x-ray film does not appear to be hazardous waste (HW). Nonetheless, each generator is responsible for making this determination. If HW x-ray film is sent for precious metal recovery, the generator must manifest the waste and get an D number.
 
05/01/1986TREATMENT WITHOUT A PERMITQuestion & Answer
 Description: Dilution is treatment, but the treatment in an accumulation tank or container under section 262.34 does not require a permit (SEE ALSO: 268.3, 268.7(a)(4)). A characteristic waste treated so it no longer exhibits a characteristic can be disposed of in a Subtitle D landfill (SEE ALSO: 268.9).
 
04/28/1986COMMERCIAL CHEMICAL PRODUCTS, RECYCLING A MIXTURE OFMemo
 Description: CCPs or mixtures of CCPs (e.g., methyl isocyanate and methylene chloride) reclaimed or used for their intended purpose (e.g., in manufacturing process) are not solid waste, and are not regulated. The mixture does not need to be manifested and the receiving facility does not need a storage permit.
 
04/21/1986LIQUIDS FOR WIND DISPERSAL CONTROL AT HAZARDOUS WASTE LANDFILLS, USE OFMemo
 Description: Nonhazardous liquids used for wind dispersal control at hazardous waste landfills are not subject to the section 3004(c)(3) liquid restrictions. The liquid restrictions cover treatment, storage, and disposal, not the use of a nonhazardous liquid for compliance with the technical requirements (SEE ALSO: current 264.301, 265.301).
 
04/16/1986ACCUMULATION AND TREATMENT OF WASTES ON-SITE/PERMIT REQUIREMENTSMemo
 Description: A generator who solidifies or fixes hazardous waste in an accumulation tank or container does not need a permit or interim status.
 
04/16/1986MOBILE RECYCLING UNIT FOR REPROCESSING WASTE SOLVENTSMemo
 Description: Vehicles that do not transport hazardous waste do not need manifests or transporter status. Reclamation activities are not regulated. Storage, transportation associated with recycling are regulated. In authorized states, comply with the state rules.
 
04/11/1986HAZARDOUS WASTE FUEL CADENCE PRODUCT 312, REGULATION OFMemo
 Description: A summary of all hazardous waste-derived fuel storage or transportation that are newly subject to regulation. The exemption for fuels produced by a person who neither generates nor burns them has been removed (SUPERSEDED: 266, Subpart D, removed by 56 FR 7194; 2/21/91; See 266.100).
 
04/11/1986PERMITTING REQUIREMENTS FOR A PCB INCINERATORMemo
 Description: A RCRA permit is not required for the storage and incineration of nonhazardous PCBs. A TSCA incinerator must obtain a RCRA permit prior to the management of hazardous waste, not necessarily prior to the construction. A facility may use TSCA burn data in lieu of a RCRA trial burn.
 
04/10/1986TEN DAY REGULATION FOR TRANSPORTATION OF HAZARDOUS WASTEMemo
 Description: Transporters storing manifested waste at a transfer facility for 10 days or less are not subject to permitting. The 10 days does not include waste in transit, only the waste in storage.
 
04/07/1986ENVIRONMENTAL RELEASES FROM WOOD PRESERVING PLANTSMemo
 Description: A summary of EPA regulations applicable to releases from wood preserving facilities. The wood preserving process wastewater effluent is subject to the CWA (SEE ALSO: 261.4(a)(9)). The storage or mixing tanks, kraft bags can be empty containers under section 261.7. Discusses the applicability of the F020, F021, F026, F027 listings. Dioxin wastes are acutely hazardous and are subject to the 1 kg threshold. Wastewater treatment sludges from creosote and pentachlorophenol (PCP) are K001. An explanation of the closure of units used to treat these process wastewaters. The applicability of the EP (extraction procedure) toxicity characteristic (SUPERSEDED: see 261.24) to wood preserving wastes. A discussion of section 3004(u) and (v) corrective action at wood preserving facilities.
 
04/07/1986WOOD PRESERVING AND SURFACE PROTECTION FACILITIES, CONTROLLING ENVIRONMENTAL RELEASES FROMMemo
 Description: A summary of EPA regulations applicable to releases from wood preserving facilities. The wood preserving process wastewater effluent is subject to the CWA (SEE ALSO: 261.4(a)(9)). The storage or mixing tanks, kraft bags can be empty containers under section 261.7. Discusses the applicability of the F020, F021, F026, F027 listings. Dioxin wastes are acutely hazardous and are subject to the 1 kg threshold. Wastewater treatment sludges from creosote and pentachlorophenol (PCP) are K001. An explanation of the closure of units used to treat these process wastewaters. The applicability of the EP (extraction procedure) toxicity characteristic (SUPERSEDED: see 261.24) to wood preserving wastes. A discussion of section 3004(u) and (v) corrective action at wood preserving facilities.
 
04/02/1986CARBON REGENERATION FACILITIESMemo
 Description: Spent carbon is normally a spent material unless it is from pollution control, then it is a sludge. It is regulated if it contains a listed or characteristic hazardous waste (HW) (SEE ALSO: 66 FR 27266; 5/16/01). If it contains a characteristic sludge or by-product, it is not a solid waste (SW) when reclaimed. Storage before regeneration is regulated. The regeneration operation (including afterburner) is exempt from regulation (SUPERSEDED: see Part 266, Subpart H, 56 FR 7200; 2/21/91, and 261.6(d)).
 
03/26/1986ABOVE-GROUND LAND EMPLACEMENT FACILITIES, N.J. LAWMemo
 Description: Above ground long-term storage or disposal is land disposal. Section 3004(c)(1) prohibits the addition of absorbent to bulk liquid hazardous waste for disposal in a landfill. Section 3004(c)(2) allows the addition of non-biodegradable absorbent to containerized hazardous liquid (SEE ALSO: RPC# 11/17/93-02), current 264.314, 265.314).
 
03/24/1986FACILITIES NOT SUBJECT TO CORRECTIVE ACTIONMemo
 Description: Facilities submitting Part A permit applications which never treated, stored, or disposed of hazardous waste (protective filing) have not achieved interim status. Such facilities are not subject to sections 3004(u) or 3008(h) corrective action authorities.
 
03/13/1986ON-SITE RECYCLING OF SPENT SOLVENTS BY GENERATORSMemo
 Description: Operational units are exempt from regulation when operations involve recycling hazardous waste. Storage before recycling is regulated. The recycling practices constituting disposal are not exempt.
 
02/13/1986APPLICABILITY OF PERMITTING REGULATIONS TO RECYCLERS Memo
 Description: A recycling facility that does not store waste prior to recycling does not need a RCRA Subtitle C permit. The facility must comply with the 3010 notification requirements and the manifest requirements of 265.71 and 265.72.
 
02/12/1986UNRINSED CONTAINERS WHICH FORMERLY CONTAINED AN UNUSED FORMULATION OF PENTACHLOROPHENOLMemo
 Description: Discussion of the treatment, storage, and disposal options for dioxin wastes. An unrinsed container which contained unused pentachlorophenol (PCP) is F027 subject to all regulations applicable to acute hazardous waste (HW). Residues from the incineration of an acute HW remain acutely hazardous (SUPERSEDED: See F028 listing in 261.31). Incinerators burning dioxin wastes must meet 99.9999% Destruction and Removal Efficiency (DRE).
 
02/06/1986REUSE/RECYCLE REGULATIONS IMPACT ON SPENT LEAD-ACID BATTERY RECYCLINGMemo
 Description: A request that EPA reconsider a position on whether to regulate battery (batteries) components generated from breaking and separation operations. The lead-acid battery recycle/reuse rules is promulgated to ensure storage and transportation conducted in environmentally safe manner (SEE ALSO: Part 273). The insurance industry has curtailed writing new environmental insurance policies.
 
01/31/1986RCRA CORRECTIVE ACTION PROCEDURES AND AUTHORITIESMemo
 Description: Discusses the procedures for terminating interim status. The applicability of corrective action to land disposal units receiving hazardous wastes after 7/26/82. The applicability of and authorities for corrective action and monitoring requirements for facilities undergoing closure with continuous releases. Guidance on fuels as a hazardous wastes (SEE ALSO: 59 FR 55778; 11/8/94).
 
01/21/1986CONTAINERS STORING HAZARDOUS WASTE, REQUIREMENTSMemo
 Description: There are no specific container design requirements, instead there are general performance standards. Containers that meet the DOT standards are acceptable hazardous storage containers. Manufacturers of containers cannot obtain a permit in lieu of the facility owner or operator.
 
01/07/1986EMPTY CONTAINER RULE APPLIED TO TANKER OR VACUUM TRUCKSMemo
 Description: The section 261.7 definition of “empty” applies to tanker vehicles/trucks as well as containers. Trucks emptied by normal means and with less than one inch or equivalent volume remaining are empty.
 
01/07/1986RESIDUES REMAINING IN EMPTY CONTAINERS, BURNING OFMemo
 Description: The burning of residues in empty containers is not hazardous waste incineration. Ash from burning residues is not hazardous.
 
01/06/1986RECYCLING OF MOLDING AND CASTING SANDSMemo
 Description: Foundry sands are spent materials and are solid wastes when reclaimed (SEE ALSO: RPC# 3/28/2001-01). Foundry sands are hazardous wastes if they exhibit the toxicity characteristic for lead. Once regenerated or reclaimed, foundry sands are not solid wastes and are exempt even if shipped off-site for coating before use. The reclamation process is exempt. The storage and transportation of spent material before reclamation is subject to regulation.
 
12/20/1985TEMPORARY PERIOD AND HOLDING DEFINEDMemo
 Description: A clarification of the terms “temporary period” and “holding” as used in the definition of storage. The term holding means containment. Items associated with storage units that are used to transfer hazardous waste, such as pipes, funnels, or hoses, are regulated as part of the storage unit.
 
12/18/1985BATTERIES, SCRAP METAL, AND PRECIOUS METALSMemo
 Description: Spent lead-acid batteries (battery) are hazardous waste (HW) at generation. Generators, transporters, and persons who store (but not reclaim) batteries for reclamation not subject to regulation (SEE ALSO: Part 273). Discussion of recycled scrap metal with precious metals excluded (SEE ALSO: current 261.6(a)(3)(ii)). Precious metals reclaimed from HW and suitable for direct reuse or only need refining before reuse are products, not wastes.
 
12/12/1985EMPTY TANK CARS THAT CONTAINED COMMERCIAL CHEMICAL PRODUCTMemo
 Description: Tank cars are containers. Residues rinsed from empty tank cars are not hazardous waste. Rinsewaters are exempt unless characteristic. (SEE ALSO: RPC# 4/12/04-02)
 
12/03/1985REQUIREMENTS FOR CHANGING STATUS OF A TANK FROM TSD TO GENERATOR ACCUMULATIONMemo
 Description: A generator who is also an operator of a TSDF can convert an interim status tank or container to a generator accumulation unit under 262.34. The enforcement agency will determine applicable closure requirements. If a Part B was submitted, the applicant should notify the Region of the change.
 
12/01/1985BURNING AND BLENDING AND INTERIM STATUSQuestion & Answer
 Description: A facility that has existing tanks but is not storing hazardous waste on the effective date of the 266 Subpart D regulations may qualify for interim status if it has objective evidence that indicates the intent to begin storage within a reasonable time. The facility needs interim status or a permit to store hazardous waste fuel on-site prior to burning in a cement kiln. To qualify for interim status, a facility must be in existence, the owner or operator must obtain an EPA ID number, and they must submit a Part A application. Fuel is regulated when it is blended.
 
11/26/1985CONTAINERS FOR SAFE AND ECONOMICAL STORAGE, TRANSPORT, AND DISPOSAL OF HAZARDOUS WASTE, DEVELOPMENT OFMemo
 Description: Hazardous waste cannot be stored in containers that leak. The waste must be compatible with the container. Containers meeting DOT standards are acceptable hazardous waste storage containers.
 
11/25/1985CHARACTERISTIC SLUDGES RECLAIMED OR PROCESSED PRIOR TO USE AS AN INGREDIENT IN FERTILIZERMemo
 Description: Characteristic sludge (zinc oxide dust) processed to produce ingredient (zinc sulfate) incorporated into fertilizer is solid waste (SW) because zinc oxide will be used in a manner constituting disposal. Sludge generation, transport, storage are subject to regulation. Characteristic sludge from air pollution control sent for recovery not SW unless speculatively accumulated. Characteristic sludge with metal values not SW if reclaimed.
 
11/25/1985RECYCLED CHARACTERISTIC HAZARDOUS WASTE SLUDGESMemo
 Description: Characteristic sludge (zinc oxide dust) processed to produce ingredient (zinc sulfate) incorporated into fertilizer is solid waste (SW) because zinc oxide will be used in a manner constituting disposal. Sludge generation, transport, storage are subject to regulation. Characteristic sludge from air pollution control sent for recovery not SW unless speculatively accumulated. Characteristic sludge with metal values not SW if reclaimed.
 
10/01/1985PERMIT MODIFICATION FOR CONSTRUCTION OF GENERATOR STORAGE AREAQuestion & Answer
 Description: The construction of a 90 day generator storage area at a permitted facility would not require the modification of a facility’s permit. EPA recommends that the owner notify the enforcement agency, placard the area as a generator accumulation area. The 90 day storage area provision applies only to the waste generated on-site.
 
10/01/1985SMALL QUANTITY GENERATORS, 100-1000 KG/MONTH GENERATORS, AND THE MANIFESTQuestion & Answer
 Description: CESQG wastes accumulated by a storage facility in quantities greater than 1000 kg do not need to manifest when sent off-site. The final disposal site need not be RCRA-permitted. If waste was generated by a SQG, the waste must be manifested to a state-registered facility, and from the facility to the disposal site. After 3/31/86, waste generated by a 100-1000 kg/month generator (SQG) must be disposed in a RCRA-permitted or an interim status facility .
 
10/01/1985WASTE PILES AND POST-CLOSURE PERMITS, APPLICATION OF NOVEMBER 1988 DEADLINE TOMemo
 Description: Waste piles, since they are land disposal units, should have had permit applications issued or denied by November 1988 (HSWA 3005(c)(2(A)(i)). Discusses priorities for issuing post-closure permits. EPA can apply 3008(h) or 3004(u) (through post-closure permits) at land disposal units with likely or actual releases (SEE ALSO: 63 FR 56711; 10/22/98).
 
09/20/1985PERFORMANCE AND PERMITTING STANDARDS IN 3004(B), PROHIBITION OF PLACEMENT OF HAZARDOUS WASTE IN SALT DOMESMemo
 Description: Section 3004(b) prohibits noncontainerized or bulk waste that fails the paint filter liquid test from placement in salt dome. Other hazardous waste may be placed in a salt dome with a RCRA permit. Nonfluid or containerized liquid wastes are covered under Subpart X (SEE ALSO: 52 FR 46946; 12/10/87).
 
09/19/1985BULKING AND CONSOLIDATING SHIPMENTS OF COMPATIBLE WASTES WITH DIFFERENT HAZARDOUS CODESMemo
 Description: Consolidating wastes with different DOT descriptions at transfer facilities is not treatment if it does not render the waste nonhazardous. Consolidating wastes of different DOT description requires a new manifest. Transporters can repackage waste from one container to another.
 
09/10/1985DIOXIN-CONTAINING WASTE RINSEATES, DISPOSAL BY DEEP WELL INJECTIONMemo
 Description: Rinsate from containers that held 2,4,5-T and other pesticide formulations is an acute hazardous waste. A deep well injection facility must be permitted to handle dioxin-containing wastes in order to dispose of these wastes. A generator may petition EPA to exclude waste if the waste does not meet listing criteria (SEE ALSO: 261.7).
 
08/27/1985GROUNDWATER QUALITY AT CLOSUREMemo
 Description: Groundwater quality is an integral part of closure for surface impoundments and waste piles. Post-closure permits, 3008(h) corrective action orders, and 3004(u) corrective action can be used to supplement interim status regulations. The approval and completion of closure by removal does not preclude the use of 3008(h) or 3004(u). A summary of 3005(i), 3004(u), and 3008(h) authorities as they pertain to surface impoundments and waste piles.
 
07/17/1985SURFACE IMPOUNDMENTS/LAND TREATMENT UNITS REGULATION IF ASSOCIATED WWT SLUDGES ARE LISTEDMemo
 Description: Since any pollution abatement technique such as land treatment, disposal, or storage of a wastewater will invariably form a sludge, F-listed, K-listed, and characteristic sludges can be formed in situations where wastewaters are stored or disposed (i.e., not specifically treated). Discussion of the point of generation.
 
07/10/1985REVISED DEFINITION OF SOLID WASTE PURSUANT TO HSWAMemo
 Description: Carbon regeneration facilities storing carbon before recycling need a permit for storage if they are an incinerator. If they are not an incinerator, they are exempt (may be BIF). Drum recyclers handling empty containers do not need a storage permit. The storage of non-empty containers would require at least a permit for hazardous waste storage. Spent activated charcoal or carbon is usually a spent material. If for pollution control, it would be a sludge. Carbon is hazardous waste (HW) if it contains a listed waste (contained-in policy) or exhibits a characteristic(SEE ALSO: 66 FR 27266; 5/16/01). Carbon is unlikely to exhibit a characteristic. Generators storing HW spent activated carbon are subject to accumulation time regulations. A closed municipal solid waste landfill (MSWLF) suspected of holding HW is subject to corrective action if the facility requires a permit or interim status and is subject to CERCLA.
 
07/01/1985ACCUMULATION OF SECONDARY MATERIAL - ABANDONED VS. DISPOSED OFMemo
 Description: Abandoned means thrown away. Genuine product secondary materials (used as ingredients or substitutes) are not solid waste when temporarily stored on the land, unless speculatively accumulated. If a material escapes a unit, it may be disposal of a solid waste.
 
06/27/1985SOLVENT STILL AS RECYCLING UNIT - REGULATORY STATUS OFMemo
 Description: A solvent that is still recycling hazardous waste is not subject to regulation. The recycling process itself is not normally subject to regulation unless it is analogous to land disposal or incineration. The storage and transportation of solid wastes which will be recycled are subject to regulation.
 
06/06/1985BRASS DROSS SKIMMINGS, SEPARATION OF METALS AND OXIDES, BY-PRODUCTMemo
 Description: Brass dross skimmings are by-products, not scrap metal, and are not solid waste (SW) if reclaimed. Secondary material (by-product, spent material, sludge, CCP, scrap metal) placed on the land or in a product placed on the land is a SW. Hazardous waste (HW) sent to a fertilizer company (either directly or through a processor) for reuse must be manifested. The fertilizer company and the processor need storage permits for the HW. A material used or reused as an ingredient in a product not is SW if not speculatively accumulated, used for fuel, or use in manner constituting disposal.
 
06/01/1985SQG MANIFEST DESIGNATION FOR PLASTIC BOTTLESQuestion & Answer
 Description: Plastic containers (similar to Clorox bottles) containing hazardous waste must be categorized as “DF” in item 12 on the manifest; “DF” means fiberboard or plastic drums, barrels, or kegs.
 
05/29/1985BAN ON DISPOSAL OF LIQUIDS IN LANDFILLSMemo
 Description: RCRA section 3004(c) prohibits the disposal in landfills of containerized liquids absorbed in materials, that when compressed, release liquids. The use of chemical stabilization to convert a liquid to a solid is not the only option for dealing with bulk liquid hazardous waste.
 
05/20/1985CONTAINERS CLEANING OTHER THAN TRIPLE RINSING - PAPER BAGSMemo
 Description: The use of bag beating in order to render empty is an acceptable alternative to the triple rinsing of containers that have held acutely hazardous waste. The burning of bags is treatment and subject to Parts 264 and 265.
 
04/01/1985HSWA MINIMUM TECH REQUIREMENTS FOR LINERS AND LEACHATE COLLECTION SYSTEMSMemo
 Description: Existing land-based units (surface impoundments, waste piles, and landfills) must be upgraded to meet minimum technological requirements (MTR) for double liners and leachate collection systems.
 
04/01/1985WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: A tank holding but not treating hazardous waste (HW) prior to an off-site transfer is not a wastewater treatment unit (WWTU) but could be a generator accumulation unit. An off-site WWTU can only receive HW if it is a designated facility (permitted or interim status facility) (SUPERSEDED: See RPC# 3/26/98-01). The WWTU exemption does not attach to waste removed from the unit.
 
03/01/1985WASTE PILE LINERS - MTR (264.251)Question & Answer
 Description: The 3004(o) minimum technological requirements apply to landfills and surface impoundments, but not to waste piles. RCRA 3015(a) imposes liner and leachate collection requirements on new interim status waste piles, lateral expansions, and replacements. Expansions of interim status waste piles must be lined if they exceed the boundaries of the existing unit (3015(a)).
 
02/22/1985CLASSIFICATION 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)).
 
01/22/1985NONHAZARDOUS LIQUID WASTEWATERS AND SLUDGES IN SANITARY LF UNDER RCRA AND HSWA, DISPOSAL OFMemo
 Description: There are no federal regulatory provisions on the disposal of bulk or containerized nonhazardous liquid wastes in a nonhazardous solid waste landfill or a municipal solid waste waste landfill (MSWLF). Disposal of nonhazardous liquid waste in hazardous waste landfills is prohibited (SUPERSEDED: see 56 FR 50978; 10/9/91).
 
01/01/1985FINANCIAL REQUIREMENTS FOR INACTIVE SURFACE IMPOUNDMENTSQuestion & Answer
 Description: An owner of a TSDF with an inactive surface impoundment must maintain both sudden and nonsudden liability insurance until closure is certified, even if the unit is not currently used to store hazardous waste.
 
01/01/1985TREATMENT SURFACE IMPOUNDMENTS LOSING INTERIM STATUS BECAUSE OF NON-COMPLIANCE WITH GWM AND FINANCIAL RESPONSIBILITY REQUIREMENTSQuestion & Answer
 Description: Owners and operators of interim status land treatment units were required to submit a Part B application, certify compliance with groundwater monitoring, and obtain financial assurance by 11/8/85 (3005(e)(2)). Land disposal units include all land-based hazardous waste management systems.
 
12/17/1984GASES VENTED FROM COMPRESSED CYLINDERS - TREATING OF FLUORINE AND OTHERSMemo
 Description: Liquid or physical solid wastes removed from compressed gas cylinders are solid wastes. Gaseous residues are not solid wastes.
 
12/07/1984OIL/WATER EMULSIONS GENERATED BY PETROLEUM REFINERY WW SYSTEMS-K049 WASTEMemo
 Description: Slop oil emulsion solids (K049) are generated in the first vessel where the emulsion stratifies. Oil reclaimed in slop oil/oil recovery systems is not a hazardous waste (SEE ALSO: 261.4(a)(12)). Emulsion breaking in surface impoundments/earthen devices is considered storage. Non-reclaimed emulsion is a hazardous waste even if it is reclaimable. Storage not directly related to the reclamation process needs a permit.
 
12/01/1984EMPTY CONTAINER DEFINITIONQuestion & Answer
 Description: A container is only RCRA empty per 261.7 if after pouring, pumping, and aspirating, it then holds less than one inch of residue.
 
11/28/1984TANK CARS AND DRUMS, DEFINITION OF EMPTYMemo
 Description: A container is not "empty" unless any and all industry practices normally used to achieve maximum possible removal are used. Tank cars qualify as containers.
 
11/14/1984LEACHATE AND PRECIPITATION RUN-OFF AT LFS, WASTE PILES, AND LT UNITS, HAZARDOUS WASTE FROM MIXTURE OFMemo
 Description: Precipitation run-off (PRO) is not presumed to be a hazardous waste. Mixtures of hazardous waste leachate and PRO are hazardous. PRO from active portions of landfills/waste piles is presumed to be hazardous due to mixing with the leachate. PRO from closed portions of landfills is presumed to be nonhazardous. PRO from land-treatment units is presumed to be nonhazardous. PRO is a liquid which flows over and quickly off the land. PRO is excluded from the derived-from rule. PRO is hazardous if it exhibits a characteristic or is mixed with a hazardous waste. Leachate refers to liquid that has made significant contact with hazardous waste. Leachate from a characteristic waste is presumed hazardous until it is shown not to be hazardous. Under the mixture rule, waste mixtures containing a characteristic waste are like other solid waste and are hazardous if they exhibit a characteristic.
 
11/01/1984RECIRCULATING TANK FEEDS CAUSTIC TO INCINERATOR SCRUBBERQuestion & Answer
 Description: A recirculating tank that receives caustic from an incinerator does not qualify for the 261.4(c) product storage tank exclusion. The tank may qualify as a generator accumulation tank.
 
10/01/1984WASTE DUMPED ON GROUND CONSIDERED STORAGE IN A WASTE PILEQuestion & Answer
 Description: If waste is dumped on the ground outside of a land treatment unit, the area should be regulated as a waste pile or landfill. EPA does not recommend dumping and spreading as an adequate land application procedure (SEE ALSO: 61 FR 18779; 4/29/96).
 
09/11/1984CONTAINERS THAT HELD COMMERCIAL CHEMICAL PRODUCTS, DEFINITION OF EMPTYMemo
 Description: A container which is a bag can be emptied by bag beating. Bags containing phthalic anhydride (U190) and maleic anhydride (U147) can be emptied by pouring, shaking and tapping. Containers are empty when commonly employed practices have been applied AND no more than one inch or 3% of the contents remain.
 
09/10/1984CONTAINERS, TYPES OF EMPTY - RESIDUE HANDLINGMemo
 Description: Rinsate from containers that held acutely hazardous waste are hazardous by the mixture rule. Residues from an empty container are hazardous if they exhibit a characteristic (SUPERSEDED: see current 261.7, RPC# 5/13/87-01).
 
09/10/1984IMPROVEMENTS TO SURFACE IMPOUNDMENTS UNDER INTERIM STATUSMemo
 Description: Rebuilding existing storage surface impoundments at an interim status facility is a permissible change provided the capacity of impoundments is not enlarged and no new units are added, and provided changes do not exceed the reconstruction limit.
 
09/01/1984BLOCK TWELVE (CONTAINER TYPE)Question & Answer
 Description: The relationship of DOT container regulations for large batteries (battery) and Item 12 on the manifest are discussed.
 
08/13/1984RECYCLING FACILITIES AND THE MANIFEST SYSTEMMemo
 Description: Storage prior to recycling is regulated under RCRA Subtitle C. Recyclers who do not store hazardous waste before recycling are not subject to regulation. Recycling facilities cannot qualify as transfer facilities.
 
08/01/1984CONTAINERS, TRIPLE RINSING FOR FERTILIZERMemo
 Description: The empty container regulations apply only if a product is listed in 261.33 (SUPERSEDED: see 261.7).
 
07/01/1984WASTE AS LIQUID OR SOLID, DETERMINATION OFQuestion & Answer
 Description: The phase of a waste should be determined just prior to landfill disposal. If a waste liquefies during transportation, it is proper to allow a shipment of containers to stabilize or solidify before performing the free liquids test (SEE ALSO: 40 CFR 268.3).
 
06/30/1984COMBINED STORAGE OF PESTICIDE WASTESMemo
 Description: Storage of different herbicide and pesticide wastes together is an acceptable procedure provided that the wastes are compatible with each other and the container.
 
06/01/1984 EMPTY CONTAINER RULEQuestion & Answer
 Description: A container with less than one inch of residue is not empty unless an attempt has been made to empty it using practices commonly employed to remove materials from that type of container. RCRA 7003 may apply when the container is dangerous.
 
06/01/1984RECEIVING FACILITY NEEDS EPA ID NUMBERQuestion & Answer
 Description: A facility that receives hazardous waste in a U.S. port prior to export needs an EPA ID number. The facility also needs a storage permit, unless it is a transfer facility.
 
05/01/1984CHECK LISTS FOR PERMIT APPLICATIONSQuestion & Answer
 Description: The check list in the “Permit Applicants Guidance Manual for Hazardous Waste Land Treatment, Storage, and Disposal Facilities” should be included in a Part B permit application, although there are no formal application format requirements.
 
05/01/1984STORAGE OF WASTEWATER TREATMENT SLUDGEQuestion & Answer
 Description: A facility placing F006 into a smelter for dewatering immediately upon receipt does not need storage permit to accept the waste. After dewatering, the material is no longer F006. Residues (fines) that are generated from smelting are F006.
 
04/26/1984DECANNING AND CRUSHING OPERATIONSMemo
 Description: Decanning and crushing operations meet the definition of treatment and are subject to permitting. The addition of wastewater to clean gears or containers may be treatment. Aggregation of waste in larger containers with incidental treatment does not meet the definition (SEE ALSO: RPC# 11/26/84-01).
 
04/26/1984WASTEWATER TREATMENT SLUDGES FROM WOOD PRESERVING PROCESSES USING CREOSOTE AND/OR PENTACHLOROPHENOLMemo
 Description: Wood preserving oil/water separator sludges and thermal dehydrator sludges may be K001 if creosote and/or pentachlorophenol (PCP) was used. Storage/work tank sludges mixed with the above sludges are listed. Historic estimation rates of waste generation are provided.
 
04/01/1984MAINTAINING COPIES OF MANIFESTS AND BIENNIAL REPORTSQuestion & Answer
 Description: Generators are not required to keep copies of manifests and biennial reports on site. Copies can be kept at corporate headquarters. A generator must be able to provide to EPA information on, or access to, records. TSDFs must keep copies of manifests on site. Biennial reports must be furnished upon request and made available for inspection by EPA personnel.
 
03/01/1984STORAGE TANKS THAT ARE PART OF WASTEWATER TREATMENT SYSTEM ARE EXCLUDEDQuestion & Answer
 Description: A tank storing sludge piped from a wastewater treatment unit (WWTU) qualifies for the WWTU exemption, even if the storage tank does not discharge under CWA standards.
 
02/23/1984HAZARDOUS WASTE TREATMENT/STORAGE TANKS, PERMITTINGMemo
 Description: Permits must specify a minimum shell thickness for all treatment and storage tanks. Methods exist for determining the thickness for various tanks and are provided. Tanks must be inspected internally before the issuance of a draft permit and during their active life (SUPERSEDED: see 51 FR 25422; 7/14/86).
 
01/10/1984HAZARDOUS WASTE CONTAINER LABELING REQUIREMENTSMemo
 Description: Container labels must be durable. Typed or written labels must not smear. Information must be displayed in accordance with DOT regulations.
 
12/14/1983MINIMUM SHELL THICKNESS REQUIREMENT, WAIVERMemo
 Description: There are no provisions for the Regional Administrator (RA) to grant a waiver for the minimum shell thickness that is required for hazardous waste storage or treatment tanks (SUPERSEDED: see 51 FR 25422; 7/14/86).
 
12/13/1983CONTAINERS, TRIPLE RINSING OF EMPTYMemo
 Description: For purposes of 261.7, containers are divided into those that have held acutely hazardous waste and those that have not. Those that have held acute wastes must be triple rinsed with a suitable solvent. Other containers must be emptied by a normal manner, but not necessarily rinsing. Emptying and rinsing are not treatment. Residues remaining in an empty container are exempt.
 
12/01/1983FLATTENED DRUMSQuestion & Answer
 Description: If a drum is found at an abandoned site, it is impossible to determine if it has been fully emptied using “all practices commonly employed.” The container can be determined to be empty using the three percent weight difference criterion in 261.7(b)(1)(iii)(A).
 
11/29/1983STORAGE FACILITIES, RCRA APPLICABILITY TOMemo
 Description: A facility holding wastes in drums is engaged in storage even if the waste was placed in storage prior to 11/19/80.
 
11/01/1983WEIGHT OF CONTAINER FOR QUANTITY DETERMINATIONSQuestion & Answer
 Description: The weight of a container is not counted when determining generator status or for biennial reporting. It is customary to show the total weight (i.e., waste plus container) on the manifest.
 
09/21/1983TANK INSPECTION PROCEDURESMemo
 Description: The inspection of tanks should include visual inspection of the tank interior. Applicants may use alternatives to physical entry of the tank. The inspection frequency is based on the nature of the tank and the material being stored (SUPERSEDED: see 51 FR 25422; 7/14/86) (SEE ALSO: 264.195(b) for the proper citation).
 
09/01/1983ON SITE/GENERATOR ID NUMBER (UNIVERSITY AS GENERATOR)Question & Answer
 Description: Wastes shipped from one college campus building to another need a manifest while they are on the highway, unless they are shipped directly across the road (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; 2/12/97). Sites are required to have separate EPA ID numbers, even if the receiving facility is on-site. The on-site definition is used only to determine if a manifest is necessary. Buildings on contiguous property at college campus are classified as a single generation site, and would receive one EPA ID number. All waste generated at a site is evaluated in determining generator status. At university campuses that are divided by a right-of-way that they do not control, each city block or each half of the campus bisected by a public road is a separate generator, and requires their own EPA ID number (SUPERSEDED: see the manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; 2/12/97)
 
09/01/1983WASTE STORAGE TANK ATTACHED TO FILTRATION UNITQuestion & Answer
 Description: An activated carbon filtration unit attached to a hazardous waste storage tank vent pipe treats waste, but it is not permitted separately from the tank. A permit would be issued for the tank for storage only. The carbon is a solid waste and may exhibit characteristics or may contain listed waste.
 
09/01/1983WHEN RESIDUE IN AN EMPTY CONTAINER IS NO LONGER REGULATEDQuestion & Answer
 Description: Provides a summary of the empty container regulations. If the waste is a compressed gas, then the container is empty when the pressure in the container approaches atmospheric pressure.
 
08/17/1983CLARIFICATION OF INACTIVE/ACTIVE STORAGE AND DISPOSAL FACILITIES UNDER RCRAMemo
 Description: If hazardous waste (HW) is placed in land-based units before 11/19/80, it is being "stored" and the facility is subject to interim status. If HW is finally disposed prior to 11/19/80, the facility is never subject to Subtitle C. Storage is an on-going process and always implies future management. Disposal is the final step in handling HW.
 
07/01/1983WASTE ANALYSIS FOR SIMPLE STORAGE IN AN INTERIM STATUS FACILITYQuestion & Answer
 Description: A waste analysis plan must contain all of the information necessary to store the waste in accordance with Part 265. The adequacy is determined on a case-by-case basis (SEE ALSO: “Waste Analysis at Facilities that Generate, Treat, Store, and Dispose of Hazardous Waste: A Guidance Manual” ).
 
06/01/1983ADDING ABSORBENTS TO HAZARDOUS WASTE IN CONTAINERSQuestion & Answer
 Description: Transferring waste from one container to another while simultaneously adding absorbent material does not require a treatment permit.
 
02/01/1983CONTAINER STORAGE IN PART BQuestion & Answer
 Description: The part B permit application for a container storage area does not need certification of technical data. The certification of other units, such as tanks, is not limited to state-certified professional engineers.
 
01/01/1983CONSOLIDATION OF SHIPMENTS AND MIXING OF HAZARDOUS WASTE BY TRANSPORTERSQuestion & Answer
 Description: Transporters consolidating wastes with the same DOT descriptions at a transfer facility are not required to remanifest the waste, and are not subject to generator standards. Containers empty per 261.7 are not subject to regulation.
 
12/29/1982LAND DISPOSAL PERMIT STRATEGYMemo
 Description: Discusses the historical priorities for permitting of land disposal units (surface impoundments, waste piles, land treatment units, and landfills).
 
12/01/1982EXEMPTION FROM LINER REQUIREMENTS FOR EXISTING PORTIONSQuestion & Answer
 Description: The exemption from the liner requirements for existing portions of landfills, surface impoundments, and waste piles applies to bottom and side liners.
 
12/01/1982GENERATOR ID NUMBERSQuestion & Answer
 Description: A generator who does not treat, store, dispose, transport, or offer for transport hazardous waste does not need an EPA ID number. Generators who accumulate waste according to 262.34 need EPA ID numbers because accumulation is a form of storage, even if the waste is subsequently discharged to the sewer.
 
12/01/1982USING LEASED PROPERTY AS BUFFER ZONEQuestion & Answer
 Description: Owners or operators of facilities that use leased property as part of the 50 foot buffer zone for containers holding ignitable (D001) and reactive (D003) wastes should ensure that the lease will continue in force if the land is sold. The Part B permit should note that part of the buffer area is leased.
 
08/31/1982ACCUMULATION OF HAZARDOUS WASTE IN TANKS (90-DAY)Memo
 Description: Generators may accumulate hazardous waste in tanks or containers for 90 days or less without a permit or interim status. EPA considers generator accumulation to be incidental to their operations. Provides guidance on defining an empty tank.
 
02/01/1982GROUNDWATER MONITORING AND LEAKING WASTE PILESQuestion & Answer
 Description: An interim status waste pile leaking hazardous leachate into the ground is out of compliance. The owner or operator can take remedial action or modify their Part A permit application, reclassifying the waste pile as a land treatment unit or landfill, for which groundwater monitoring would be required under changes during interim status.
 
02/01/1982RELEASE FROM EMPTY CONTAINERMemo
 Description: A release of waste from an “empty container” escapes CERCLA control because RCRA does not consider material in an empty container a hazardous waste. (SUPERSEDED: See RPC # 4/12/04-02)
 
07/10/1981SOLIDIFICATION AS TREATMENTMemo
 Description: A totally enclosed treatment unit (TETU) must preclude the possible escape of hazardous constituents, even with human or equipment failure. A container that could overfill is not a TETU. Solidifying liquid hazardous waste by pouring it into a container containing inert sorbents is treatment (SEE ALSO: 264.1(g)(10), 265.1(c)(13), and 270.1(c)(2)(vii)).
 
12/30/1980AEROSOL CANS, RCRA REGULATON OFMemo
 Description: Puncturing, crushing, or shredding of non-empty aerosol cans is not treatment since the materials inside, not the cans, are hazardous. The residues inside are regulated if they are listed or characteristic. The cans themselves are not regulated unless they are mixed with waste (SUPERSEDED: see RPC# 10/7/93-05).
 
11/18/1980REGULATION OF RINSATE FROM TRIPLE RINSING OF CONTAINERSMemo
 Description: Mixture created by rinsing listed CCP from container with washwater is hazardous waste via the mixture rule. Container rinsewater is solid waste because it is discarded. (SEE ALSO: RPC# 7/21/89-01)
 
11/17/1980WASTES FROM STORAGE OF PETROLEUM PRODUCTSMemo
 Description: Bottom sediments, water wastes, and spilled material and mixtures from the storage of petroleum products are hazardous waste (HW) if they are listed, mixed with listed HW, or characteristic. Appendix VIII is used only for determining if a waste should be listed by the Agency, not for generator determination.
 
11/13/1980REFINERY 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.
 
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