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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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04/01/2014APPLICABLE RCRA REGULATIONS FOR RECYCLING CATHODE RAY TUBE (CRT) GLASSMemo
 Description: The regulations at 261.4(a)(22) and 261.39 would apply to the recycling of used cathode ray tubes (CRTs), both intact and broken. The exclusion at 261.39(c) only applies to processed CRT glass sent for recycling to a CRT glass manufacturer or a lead smelter; the provision would not apply to a mechanical process used to recycle CRT glass into lead and silica sand. The generator of the hazardous CRT glass may recycle the glass in an on-site hazardous waste generator accumulation unit without a hazardous waste permit, provided they are in compliance with the applicable requirements in 262.34 and the treatment is not thermal treatment. If the lead or silica were applied to or placed on the land or used in foundations or other land placement activities, EPA would consider it to be a recycled material used in a manner constituting disposal and subject to the regulations in Part 266, Subpart C. These regulations require that the product of the recycling meet the applicable land disposal restriction (LDR) treatment standards in Part 268, Subpart D prior to placing the material on the land. Under RCRA, all recycling must meet the criteria for legitimate recycling.
 
03/01/2013CLARIFICATION ON THE DILUTION OF LISTED F003 HAZARDOUS WASTEMemo
 Description: An F003 hazardous waste (listed solely for the characteristic of ignitability) is not a hazardous waste if the waste no longer exhibits any characteristic of hazardous waste per 40 CFR 261.3(g). However, F003 waste that is subsequently decharacterized is still subject to the Part 268 LDR requirements and may not be simply diluted as a substitute for adequate treatment (268.3) (SEE ALSO: R
 
11/20/2012REGULATORY STATUS OF A WATER-SOLVENT CLEANING SOLUTIONMemo
 Description: In a situation where a waste phase separates (biphasic solution), the generator must make the hazardous waste determination not only at the point of generation, but also after the waste separates into phases. A generator may use either knowledge or testing to determine if a waste exhibits a characteristic. The COLIWASA sampling protocol can be used to sample each phase in a multi-phasic solution. Separating or physically removing the water phase from the ignitable solvent phase is considered treatment. Generators may treat their hazardous waste without a permit or interim status in accumulation tanks and containers that are managed in compliance with the generator accumulation provisions of 40 CFR 262.34.
 
06/08/2006GUIDANCE FOR GENERATORS DISPOSING OF FULLY-DISCHARGED LITHIUM SULFUR DIOXIDE BATTERIESMemo
 Description: A fully discharged lithium sulfur dioxide battery would have zero volts and would be unlikely to exhibit the reactivity characteristic. Lithium sulfur dioxide batteries that have been discharged using a Complete Discharge Device (CDD) to a voltage of one volt per cell or less are unlikely to be reactive. Discharge of batteries to remove the electric charge is an acceptable waste management practice under the universal waste rule. Batteries are considered hazardous waste at the time of removal from service. Generators, transporters, and consolidation points managing universal waste are required to comply with the land disposal restrictions (LDR). If lithium sulfur dioxide batteries are reasonably expected to contain underlying hazardous constituents (UHCs) above its universal treatment standard (UTS) level, the UHC must be treated to the UTS level before land disposal. Once batteries have been discharged and are no longer characteristic hazardous waste, it is not necessary to treat UHCs at a RCRA-permitted facility. Decharacterized universal waste meeting LDR requirements, including applicable UTS for UHCs, can be managed as nonhazardous waste and may be sent to a municipal solid waste landfill (MSWLF).
 
08/01/2003SMALL QUANTITY GENERATOR TREATMENT IN TANKSQuestion & Answer
 Description: Hazardous waste generators may treat waste on site in accumulation tanks or containers without a permit or interim status provided that they comply with applicable provisions in 40 CFR 262.34 and the treatment is not thermal treatment (SEE ALSO: 56 FR 10146, 10168; 3/24/86). A small quantity generator (SQG) performing on-site treatment in a tank only follows the special standards in 265.201 and not all of the Part 265, Subpart J requirements. Standards in 265.201 supplant Subpart J requirements for SQGs rather than supplement them. Part 265, Subparts I and J, including SQG tank standards in 265.201, apply whether a unit is used for treatment or accumulation. Authorized states can have more stringent requirements.
 
07/02/2003TREATMENT AND DISPOSAL OF MERCURY-BEARING HAZARDOUS WASTE AND DEBRISMemo
 Description: Mercury-bearing hazardous wastes originate from several sources, and waste regulation varies depending on its source. EPA is gathering information on the final disposition of mercury wastes. Only certain mercury-bearing wastes can be treated using the alternative land disposal restrictions (LDR) debris treatment standards. The treatment technologies for metal-bearing debris include source separation, microencapuslation, and macroencapsulation. If the debris treatment technologies cannot be achieved, the wastes are subject to the non-debris treatment standards. Some mercury wastes (e.g., dental amalgam collection devices, batteries) are not debris and cannot be disposed using 268.45. Most household waste collection centers send mercury wastes for recovery.
 
06/26/2003TREATMENT AND DISPOSAL OF MERCURY-BEARING HAZARDOUS WASTEMemo
 Description: EPA is interested in preventing avoidable releases of mercury to the environment. EPA is gathering information from states and Regional offices to determine the ways in which mercury-bearing hazardous waste is recycled, treated, and disposed.
 
04/28/2003TREATMENT OF MERCURY-BEARING HAZARDOUS WASTES BEFORE DISPOSALMemo
 Description: Mercury-bearing hazardous wastes originate from several sources, including households, industry, and cleanup sites. Different federal and state regulations govern such wastes depending on their source. EPA is reaching out to states and municipalities to improve their understanding of the management and disposal of mercury-bearing wastes from different sources. Some mercury-bearing wastes are treated using the alternative land disposal restrictions (LDR) debris treatment standards in 268.45 as opposed to the treatment standards requiring retorting in 268.40. EPA is investigating whether mercury-containing debris are typically disposed of in landfills, with or without treatment, or reclaimed through retorting. (SEE ALSO: 70 FR 45508; 8/5/05)
 
01/01/2003FREQUENTLY ASKED QUESTIONS ON GENERATOR TREATMENTQuestion & Answer
 Description: Small quantity generators (SQGs) and large quantity generators (LQGs) may treat hazardous waste on site without a permit provided they comply with 262.34 and conduct no thermal treatment. Conditionally exempt small quantity generators (CESQGs) may treat hazardous waste on site without a permit provided they meet one of the conditions in 261.5(g)(3)(iii) through (vii). No generator may conduct thermal treatment without a permit. SQGs cannot treat in containment buildings or on drip pads and continue to operate under the reduced 262.34(d) standards. Only SQGs that operate under LQG standards may use these units. State implementing agencies may have more stringent rules regarding generator treatment.
 
11/01/2002APPLICABILITY OF LDR TO BEVILL MIXTURESQuestion & Answer
 Description: A mixture of a Bevill-exempt waste and a characteristic waste (or a waste listed solely for exhibiting a characteristic) remains subject to the land disposal restrictions (LDR) even if it is no longer hazardous at the point of land disposal. A Bevill mixture is hazardous if it exhibits a characteristic of the non-excluded waste, but not if it exhibits a characteristic imparted by the Bevill waste. LDR attaches at the point of generation. A Bevill mixture must be treated for characteristics and underlying hazardous constituents (UHCs) attributed to the non-excluded portion, but not UHCs uniquely contributed by the Bevill portion. A facility remains subject to all applicable LDR notification requirements. The act of mixing a hazardous waste with a Bevill-exempt waste to render it nonhazardous is treatment, may require a permit, and may be a form of impermissible dilution.
 
08/16/2002HAZARDOUS WASTE GENERATED IN LABORATORIESMemo
 Description: Academic institutions may be large quantity generators (LQGs) or small quantity generators (SQGs). Most laboratory hazardous waste (HW) initially accumulates in satellite accumulation areas. The HW determination is not limited to the individual producing the HW. Any lab personnel, environmental health and safety (EH&S) personnel, or other individual meeting the definition of "person" can make the HW determination and should obtain all necessary information. EPA does not address where to make the HW determination. LQGs and SQGs can conduct on-site treatment of HW in tanks and containers without a permit, except for thermal treatment. Generators can transfer HW between accumulation units. Waste destined for land disposal must comply with the land disposal restrictions (LDR). Generators who treat HW on site in non-permitted units to remove characteristics must have a waste analysis plan (WAP). On-site recycling and HW treatment in exempt units do not require a permit, but prior storage is subject to RCRA. EPA proposed streamlined permitting requirements for generators storing HW longer than their respective accumulation times (SEE ALSO: 66 FR 52192; 10/12/01).
 
07/01/2002Guidance on Demonstrating Compliance with the Land Disposal Restrictions (LDR) Alternative Soil Treatment Standards: FinalPublication
 Description: The purpose of this guidance is to provide suggestions and perspectives on how members of the regulated community, states, and the public can demonstrate compliance with the alternative treatment standards for certain contaminated soils that will be land disposed and, therefore, will be subject to the RCRA land disposal restrictions (LDR) regulations.
 
12/05/2001TREATMENT OF SOIL CONTAMINATED WITH CREOSOTEMemo
 Description: Treatment of creosote-contaminated soil is subject to RCRA requirements. Burning creosote-contaminated soil would be considered hazardous waste treatment and would require a permit. EPA has developed resources that may be helpful when considering treatment alternatives, including Presumptive Remedies: Technology Selection Guide for Wood Treater Sites. Determination of appropriate technology is site-specific.
 
11/01/2001LDR PAPERWORK REQUIREMENTS FOR SUBTITLE D FACILITIESMemo
 Description: Subtitle D facilities that treat decharacterized waste for underlying hazardous constituents (UHCs) are not subject to the land disposal restrictions (LDR) notification and certification requirements. A generator must place a one-time notification in its files and send copies to the region and authorized state (SUPERSEDED: 71 FR 16913, 16889-16892; April 4, 2006). A generator is not required to notify the Subtitle D facility of the constituents subject to treatment. Subtitle D treaters are not required to verify compliance with the treatment standards (SEE ALSO: 58 FR 48135; 9/14/93). EPA reserves the right to revisit this issue (SEE ALSO: 59 FR 48016; 9/19/94).
 
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.
 
09/01/2001LAND DISPOSAL RESTRICTIONS FOR F001-F005 SOLVENT WASTESQuestion & Answer
 Description: Facilities generating F001-F005 spent solvent wastes containing carbon disulfide, cyclohexane, and methanol, along with other listed solvent constituents, need to treat only the wastewater forms of these three constituents. A facility must treat F003 and/or F005 spent solvents that contain only one or a combination of carbon disulfide, cyclohexane, and methanol to the concentration levels specified for this subcategory. If the F001-F005 waste is also characteristic, then the facility must meet the treatment standards for all UHCs including both the wastewater and nonwastewater standards for carbon disulfide, cyclohexane, and/or methanol.
 
08/09/2001LAND DISPOSAL RESTRICTIONS TREATMENT STANDARD FOR DISCARDED RADIOACTIVE CONTAMINATED LEAD ACID BATTERIESMemo
 Description: The appropriate LDR treatment method for radioactively contaminated lead acid batteries is macroencapsulation. Macroencapsulation applies not only to lead shielding, but to other elemental forms of lead. This technology will require less worker exposure than lead recovery (i.e., smelting) of radioactive batteries. Lead recovery would also radioactively contaminate the entire mass lead that was recovered, making it unusable.
 
08/03/2001BURNING CREOSOTE-CONTAMINATED SOILSMemo
 Description: Creosote released into soil is a hazardous waste. Burning off the creosote contained in these soils so as to render the material nonhazardous is considered treatment and requires a RCRA permit. If the generator does not hold a treatment permit, then the contaminated soils must be sent off site to a hazardous waste disposal facility.
 
08/01/2001LAND DISPOSAL RESTRICTIONS AND USE CONSTITUTING DISPOSALQuestion & Answer
 Description: Compliance with the land disposal restrictions (LDR) treatment standards applies to the product that will be used in a manner constituting disposal, not the waste before it becomes a manufactured product. A recyclable material that is used in a manner constituting disposal is not subject to regulation if the product meets the applicable LDR treatment standards for each hazardous waste it contains before it is applied to the land.
 
02/15/2001PLASMA ENHANCED MELTER (PEM) AND GASIFICATION AND VITRICATION (GASVIT) SYSTEMS AS LDR COMBUSTION TREATMENT TECHNOLOGYMemo
 Description: The CMBST treatment standard includes treatment in thermal units such as incinerators, boilers, and industrial furnaces. The CMBST definition also includes non-combustion units when operated pursuant with applicable technical operating requirements. The PEM or GASVIT technology does not need to obtain a determination of equivalent treatment (DET) because the system satisfies the CMBST definition due to its organic constituent destruction removal efficiency, the high temperatures reached in its process chamber, and its air pollution control devices (SEE ALSO: 61 FR 15588; 4/8/96).
 
02/01/2001LAND DISPOSAL RESTRICTIONS NOTIFICATION REQUIREMENTS FOR DECHARACTERIZED WASTEQuestion & Answer
 Description: A large quantity generator (LQG) who fully treats a characteristic waste to meet the land disposal restrictions (LDR) must certify that the waste meets treatment standards as specified in 268.7(b)(4)(v). Notification and certification forms should not accompany shipments from generators to Subtitle D facilities (SEE ALSO: 55 FR 22520, 22663; 6/1/90). Once the waste has been decharacterized, the generator must send a one-time written notification and certification to the authorized state or EPA region and place copy in the facility’s files.
 
01/01/2001LDR NOTIFICATION FOR LISTED AND CHARACTERISTIC WASTESQuestion & Answer
 Description: When a listed waste treatment standard operates in lieu of a characteristic treatment standard, the listed waste code would be included on the LDR notification form in lieu of the characteristic waste code. However, if the listed treatment standard does not directly address the constituent that makes the waste characteristic, the generator must list both waste codes on the notification form, and the waste must meet both treatment standards before it can be land disposed.
 
12/27/2000APPLICABILITY OF RCRA SECTION 3020 TO IN-SITU TREATMENT OF GROUND WATERMemo
 Description: NO SIGNED PAPER COPY AVAILABLE - Reinjection of treated groundwater to promote in-situ treatment is allowed under RCRA 3020(b) as long as certain conditions are met: groundwater must be treated prior to reinjection; treatment must be intended to substantially reduce hazardous constituents in groundwater either before or after reinjection; cleanup must be protective of human health and environment; and injection must be part of RCRA corrective action or response action under CERCLA 104 or 106 (SEE ALSO: OSWER Directive 9234.1-06; December 27, 1989).
 
12/15/2000COMBUSTION PROHIBITION AND EXPLOSIVE WASTESMemo
 Description: Toxicity characteristic (TC) metal wastes are prohibited from dilution by combustion unless one or more of the criteria in 268.3(c) are met. D003 explosive wastes that are also TC metal wastes may be combusted under 268.3(c)(5). Explosive wastes contain hazardous concentrations of organics.
 
11/01/2000LAND DISPOSAL RESTRICTIONS NOTIFICATION REQUIREMENTS FOR CONTAMINATED SOILQuestion & Answer
 Description: Generator of contaminated soil that does not meet LDR treatment standard at point of generation is subject to 268.7(a)(2) notification requirements. Generator of contaminated soil which meets treatment standard at point of generation is subject to notification requirements of 268.7(a)(3)(ii). Generator must send one-time written notice containing LDR information to TSDF and place copy in files in both situations (SEE ALSO: 63 FR 28556, 28620; 5/26/98).
 
10/01/2000IDENTIFICATION OF UNDERLYING HAZARDOUS CONSTITUENTSQuestion & Answer
 Description: Characteristic wastes must meet universal treatment standards (UTS) for all underlying hazardous constituents (UHCs) prior to land disposal. Fluoride, vanadium, and zinc are excluded from the definition of UHC because they do not appear in Part 261, Appendix VIII. 3004(m) authorizes EPA to develop treatment standards for constituents other than those for which a waste is listed.
 
10/01/2000LDR TREATMENT OPTIONS FOR SPENT INCINERATOR REFRACTORY BRICKQuestion & Answer
 Description: Refractory brick that contacts listed waste during incinerator’s lifetime carries listing via contained-in policy. Facility may treat brick to numerical land disposal restrictions (LDR) standards in 268.40 or employ alternative debris standards in 268.45. Implementing agency may make determination that brick no longer contains listed hazardous waste per 261.3(f)(2), exempting brick from all RCRA standards. Facility has option to obtain equivalent treatment method variance or variance from available treatment standards. Closure plan should detail incinerator closure requirements and specify treatment option.
 
09/01/2000K069 TREATMENT STANDARD SUBCATEGORIESQuestion & Answer
 Description: There is no specific concentration that distinguishes the low and high lead land disposal restrictions (LDR) treatment subcategories for K069. Calcium sulfate (low lead) and non-calcium sulfate (high lead) subcategories are delineated by the process generating the emission control sludge (SEE ALSO: 53 FR 31138, 31165; 8/17/88).
 
08/04/2000GUIDANCE ON WASTEWATER TREATMENTMemo
 Description: EPA has not formally defined “wastewater” in context of wastewater treatment unit (WWTU) exclusion (SEE ALSO: RPC# 7/31/81-01). Tanks in which sludge is heated (i.e., sludge dewatering) could be part of exempt WWTU. Oil recycling unit could be exempt under 261.6(c). There is no minimum percentage of oil that wastewater must contain for legitimate recycling (SEE ALSO: RPC# 4/26/89-02).
 
07/18/2000GENERATOR TREATMENT OF SOIL IN A CONTAINERMemo
 Description: Generators may treat wastes in accumulation tanks and containers as long as they comply with the provisions of 262.34. Generator treatment exemption may apply to treatment of hazardous waste cleanups (SEE ALSO: RPC# 10/14/98-01). Authorized state program may have more stringent requirements.
 
07/01/2000Environmental Fact Sheet: Proposed Rule Aims to Revise Certain Treatment Standards for Spent Potliners from Primary Aluminum Reduction (K088) and Identify a New Regulatory Scheme for Vitrification Units Treating K088 WastePublication
 Description: This factsheet outlines the new proposed regulations regarding Land Disposal Restrictions treatment standards for K088 waste and a new classification scheme for vitirification units treating K088 wastes.
 
06/26/2000REGULATORY STATUS OF A SUMP ASSOCIATED WITH AN ELEMENTARY NEUTRALIZATION UNITMemo
 Description: Sump which meets definition of tank and is used in conveying hazardous wastewater to elementary neutralization unit (ENU) could be considered ancillary equipment to ENU and exempt from the requirements of Parts 264, 265, and 270. Authorized state program or Region must make site-specific determination.
 
12/10/1999APPLICABILITY OF RCRA 3020(B) TO IN-SITU BIOREMEDIATION TECHNOLOGIESMemo
 Description: Contaminated groundwater must be treated prior to reinjection, but the “substantial reduction” of hazardous constituents required by 3020(b) may occur after reinjection.
 
10/28/1999DETERMINATION OF EQUIVALENT TREATMENT TO PIONEER CHLOR-ALKALI, INC.Memo
 Description: EPA granted a site-specific determination of equivalent treatment (DET) to Pioneer Chlor-Alkali, Inc. Pioneer’s Remerc process is determined to be an equivalent technology to roasting or retorting (RMERC). The DET is subject to several conditions (SEE ALSO: 64 FR 51540; 9/23/99).
 
10/27/1999AUTOMOTIVE SHREDDER RESIDUE AS HAZARDOUS DEBRISMemo
 Description: Automotive shredder residue (ASR) composed of shredded non-metal parts of demolished cars may meet definition of hazardous debris. Mixture of debris and non-debris can be considered debris if debris is greater than 50% of mixture and non-debris hazardous waste is not intentionally mixed in to avoid waste treatment standards, act of recombining ASR waste streams from same process is not impermissible dilution (SEE ALSO: 64 FR 25408, 25411; 5/11/99).
 
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.
 
05/20/1999CLASSIFICATION AND DISPOSAL OF UNUSED FLAMELESS RATION HEATERSMemo
 Description: Unused Flameless Ration Heaters (FRH) for the Army’s Meals Ready to Eat (MRE) may be a reactive (D003) hazardous waste when disposed. The Department of the Army (DOA) has developed several management options for FRHs including reuse, incineration, and/or treatment and disposal. Products that have not been used, and which are to be used for their original purpose, are generally not wastes under RCRA. Unused commercial chemical products (CCPs) being reclaimed are not regulated as wastes. FRHs may be reacted with water and then disposed of as ordinary wastes if treatment is conducted in accordance with applicable requirements and if land disposal restrictions (LDR) requirements are met before land disposal. Some states may have more stringent requirements. The disposal of spent FRH materials, following normal use to heat a MRE, is not disposal of a hazardous waste.
 
05/01/1999Environmental Fact Sheet: EPA's Comprehensive Review of the Treatment Standards for Mercury-Bearing Hazardous WastePublication
 Description: Announces EPA's comprehensive review of the standards governing how mercury-bearing hazardous waste is treated prior to land disposal. Presents for public review and comment EPA's data on mercury-bearing hazardous waste, a series of technical and policy issues regarding mercury waste treatment, and potential avenues by which current mercury treatment standards might be revised.
 
03/19/1999REVIEW OF BEVILL ISSUES RAISED IN MAGCORP'S DECEMBER 23, 1998 LETTER TO UTAH DEPARTMENT OF ENVIRONMENTAL QUALITYMemo
 Description: Scope of Bevill exemption for mining and mineral processing wastes does not include combined wastestream of all wastewaters from facility (SEE ALSO: RPC# 3/23/94-01). Laboratory wastes are not uniquely associated with mineral extraction, beneficiation, or processing (SEE ALSO: 63 FR 28556; 5/26/98). Aggregation of waste streams is not appropriate in determining Bevill status of wastes. Mixing hazardous waste with Bevill-exempt waste may require treatment permit (SEE ALSO: 63 FR 28597; 5/26/98).
 
03/17/1999CLEANUP OF MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Decharacterized manufactured gas plant (MGP) wastes can be sent to utility boilers without triggering substantial regulatory requirements. Residues from co-processing of MGP wastes in utility boilers are not subject to the land disposal restrictions (LDR) because these residues are Bevill wastes excluded from hazardous waste requirements (SEE ALSO: 63 FR 28556; 5/26/98; RPC# 4/26/93-03; RPC# 8/21/98-01).
 
01/26/1999DECHARACTERIZATION OF D018 COAL TAR WASTES AT MANUFACTURED GAS PLANT SITESMemo
 Description: Mixing D018 coal tar wastes at manufactured gas plant (MGP) sites with carbon or coal fines to make the waste more amenable to combustion is permissible. Dilution of soil as a substitute for adequate treatment is impermissible. Deliberately mixing D018 MGP waste with soil to change its treatment classification from waste to contaminated soil is prohibited. Consolidation within an area of contamination (AOC) prior to being removed from the land (i.e., generated) is permissible. Dilution is permissible if mixing or other pre-treatment is necessary to facilitate proper treatment (SEE ALSO: 63 FR 28556; 5/26/98).
 
01/08/1999MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) RULEMAKING AND INCINERATION OF DIOXIN-CONTAMINATED WASTESMemo
 Description: The maximum achievable control technology (MACT) rule will establish emission limits for dioxins and furans. The rule will require hazardous waste combustors to demonstrate that dioxin in waste feed is sufficiently destroyed (SEE ALSO: 64 FR 52828; 9/30/99). Treatment may be available for dioxin waste at the Coffeyville, Kansas incinerator in the future.
 
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.
 
07/01/1998Environmental Fact Sheet: Final Standards Promulgated for Petroleum Refining WastePublication
 Description: Announces EPA's final rule to add four new hazardous waste codes for petroleum refining wastes to its current list of hazardous waste codes. Finalizes treatment standards under LDR for these wastes. Also promulgates several exclusions related to the petroleum refining industry.
 
07/01/1998RCRA Organic Air Emission Standards for TSDFs and GeneratorsPublication
 Description: This document provides information about the requirements of RCRA organic air emission standards covered under 40 CFR Parts 264/265, subpart CC. It summarizes information about applicability, effective dates, tanks, surface impoundments, containers, miscellaneous units, inspection and monitoring requirements, and the difference between permitted and interim status facilities, and defines relevant terms.
 
06/12/1998CLARIFICATION ON THE DISTINCTION BETWEEN THERMAL DESORBERS AND Memo
 Description: Thermal desorbers utilizing controlled flame combustion (e.g., a directly fired chamber and/or a fired afterburner) meet the definition of incinerator. Thermal desorbers not using controlled flame combustion (e.g., an indirectly heated chamber with no afterburner) would be classified as miscellaneous units. Discusses the use of thermal desorption as a presumptive remedy for CERCLA sites with volatile organic compounds (VOCs) in soils.
 
04/09/1998INTERPRETATION OF WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: Tanks satisfying the wastewater treatment unit (WWTU) exemption must be dedicated solely for on-site wastewater treatment at all times and for no other purpose. EPA did not intend for the exemption to apply in either the dual use or alternating use scenario. The generator accumulation provision can be used in such instances.
 
04/01/1998Environmental Fact Sheet: Treatment Standards Set for Toxicity Characteristic (TC) Metal Wastes, Mineral Processing Wastes, and Contaminated SoilPublication
 Description: Announces EPA's promulgation of treatment standards for metal-bearing wastes, including TC waste with high levels of metal constituents, and waste generated in mineral processing operations. Discusses miscellaneous issues related to mineral processing wastes and the amendment of treatment standards for soil contaminated with solid wastes. Reports on exclusion from regulation of certain waste waters from wood preserving operations.
 
03/06/1998CLARIFICATION OF THE ALTERNATIVE DEBRIS TREATMENT STANDARDSMemo
 Description: Debris contaminated with a waste code that requires a treatment technology can be treated using either the alternative treatment standards in 268.45 or using the treatment technology specified in 268.40. If the alternative treatment standards are used, the residuals from such treatment must be treated themselves to meet the waste-specific treatment standards specified in 268.40. Alternative treatment standards may be used for debris contaminated with D012-D043 instead of the 268.40 standards, which, for D012-D043, includes meeting the universal treatment standards (UTS) in 268.48 for underlying hazardous constituents (UHCs). The residuals from such treatment must met 268.40 treatment standards (SEE ALSO: RPC# 12/11/97-01).
 
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.
 
02/26/1998RULEMAKING PETITION FOR TRIVALENT CHROMIUM EXCLUSIONMemo
 Description: Discusses the three part criteria for excluding a chromium waste. Rulemaking petition to take advantage of trivalent chromium exclusion must be submitted to implementing agency (EPA or state) for review and approval. Filter cake from treatment of chrome-bearing wastewater is newly generated waste.
 
01/05/1998STATUS OF CARBON REGENERATION UNITS UNDER RCRA AND PROPOSED SUBPART X PERMIT CONDITIONS FOR ENVIROTROLMemo
 Description: On February 21, 1991, EPA added a definition of carbon regeneration unit (CRU) and revised the definition of incinerator, specifying that both direct flame and nonflame CRUs are thermal treatment devices, not incinerators (56 FR 7200). The regulatory language change did not alter the regulatory status of CRUs, but clarified how they should be regulated. State authorization issues are also clarified in previous guidance (RPC# 8/2/91-01). If states authorized for the base program can reasonably implement their existing programs consistent with EPA's interpretation that all CRUs are regulated units, no further approval by EPA is required.
 
12/11/1997Clarification of the Alternative Treatment Standards for Hazardous DebrisMemo
 Description: Debris contaminated with a waste code that requires a specific method of treatment may be treated using either the alternative debris treatment standards or the waste-specific treatment standard. Residues generated from treatment using the alternative debris treatment standards are subject only to the waste-specific treatment standards. Debris contaminated with toxicity characteristic (TC) waste that is treated using the alternative standards need only be treated for those constituents for which the debris exhibits a characteristic. Underlying hazardous constituents (UHCs) are not considered contaminants subject to treatment. Residues from the treatment of such debris that still exhibit the TC are subject to the treatment standards for that characteristic, but are also not otherwise subject to the universal treatment standards (SEE ALSO: RPC# 3/6/98-01).
 
11/13/1997USE OF EMULSIFIERS WHEN RENDERING HAZARDOUS WASTE CONTAINERS EMPTYMemo
 Description: Introducing emulsifiers in solution with water into a container to prevent the vaporization of the heels or residues remaining in the container is not regulated hazardous waste treatment. Adding emulsifiers to ensure the safety of the persons removing the residues is part of the overall rinsing process. The rinsing process is not considered treatment as long as the intent is to remove the waste.
 
10/03/1997QUESTIONS REGARDING HAZARDOUS WASTE DEBRISMemo
 Description: Broken or ruptured containers contaminated with prohibited wastes are subject to the land disposal restrictions (LDR) for debris. Debris standards apply when debris and contaminating waste are inseparable. The intentional mixing of debris with contaminated soil or debris is prohibited. Debris may be shredded prior to macroencapsulation. Shredding is treatment. A shredder may be a miscellaneous unit. A generator must identify on the LDR notification form, for hazardous debris, the contaminants subject to treatment. The treatment facility should resolve waste characterization discrepancies with the generator.
 
09/26/1997MANAGEMENT STANDARDS FOR USED OIL CONTAMINATED WITH POLYCHLORINATED BIPHENYLSMemo
 Description: The presence of PCBs in used oil is not one of the criteria for used oil fuel specifications. TSCA requirements for marketing and burning used oil with more than 50 ppm PCBs incorporate certain off-specification used oil requirements by reference. TSCA’s incorporation of these requirements does not mean that PCB-containing used oil is regulated under RCRA or is considered off-specification (SEE ALSO: 63 FR 24963; 5/6/98).
 
08/12/1997SOLIDIFICATION OF K044 WITH POZZOLANIC MATERIALMemo
 Description: Solidification of K044 with pozzolanic material satisfies the land disposal restrictions (LDR) treatment standard. Solidified material can no longer exhibit the potential to form reactive residues and must not exhibit any hazardous waste characteristic.
 
08/01/1997PRETREATMENT STANDARDS FOR WASTEWATER TREATMENT UNITSQuestion & Answer
 Description: Facilities that discharge a pollutant covered under CWA Section 307(b) to a publicly owned treatment works (POTW) are considered to be subject to the CWA. Tanks or tank systems that treat hazardous wastewaters before discharging them to a POTW can qualify as exempt wastewater treatment units (WWTUs) because they are subject to the CWA.
 
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.
 
07/24/1997REGULATORY DETERMINATION ON THE STATUS OF CERTAIN MANUFACTURING WASTESMemo
 Description: Warfarin tablets meeting a commercial chemical product (CCP) listing are still considered listed CCPs when tested by crushing or dissolving. The de minimis mixture rule exclusion in Section 261.3(a)(2)(iv)(D) applies to discharges of CCPs from rinsing and cleaning personal protective equipment (PPE). Discarded equipment meeting the definition of debris which is contaminated with a listed waste must be managed as a hazardous waste (HW) until it no longer contains the HW. Contaminated equipment can be washed using the alternative debris treatment standards to the point where it is no longer considered to contain a HW. Whether air filters from a manufacturing process meet a listing depends on site-specific factors. Air filters used in the production of a P or U listed commercial chemical product (CCP) do not fall within the scope of the Section 261.33 listings prior to the material (warfarin) becoming a CCP. Once the material meets the listing description (becomes a CCP), particles captured in the filters are a listed CCP when disposed (USE WITH CAUTION: see 56 FR 7200; 2/21/91). Air filters are regulated as a solid waste mixed with a listed hazardous waste. Air filters may qualify as hazardous debris and may be washed so as to no longer contain a listed hazardous waste.
 
06/01/1997AIR EMISSIONS FROM ELECTROPLATING OPERATIONSQuestion & Answer
 Description: A filter used to concentrate air emissions from electroplating line would not carry the F006 listing. The filter meets the definition of sludge, but does not result from the treatment of an electroplating wastewater. Air emissions are not wastewater.
 
05/23/1997REGULATORY STATUS OF BURNING SULFUR-CONTAINING SECONDARY MATERIALS TO PRODUCE VIRGIN SULFURIC ACIDMemo
 Description: The heating value of sulfur-containing material inserted in a sulfuric acid regeneration furnace determines if the activity is burning for energy recovery or reclamation. Materials with a heating value greater than 5000 Btu/lb are generally considered to be burned as a fuel rather than for metals recovery or as an ingredient. 5000 Btu/lb is not a regulatory threshold for the purposes of the definition of solid waste, but there is a strong presumption that secondary materials above 5000 Btu are burned for energy recovery and therefore are solid wastes (e.g., as in the case of characteristic by-products recycled by being burned). The section 261.4(a)(7) exclusion applies only to spent sulfuric acid and does not include other sulfur-containing materials.
 
05/01/1997Best Management Practices (BMPs) for Soil Treatment Technologies: Suggested Operational Guidelines to Prevent Cross-Media Transfer of Contaminants during Cleanup ActivitiesPublication
 Description: Provides guidance on how to design and conduct soil remediation activities at RCRA and other hazardous waste sites so that transfers of contaminants from contaminated soil to other media (i.e., clean soil, air, and surface or groundwater) are minimized. Outlines the specific potential cross-media concerns for specific activities and recommends approaches for preventing cross-media transfer of contaminants. Addresses BMPs applicable across a broad range of remedial activities and most remediation technologies. Offers information on control technologies that can be used in conjunction with BMPs. Presents technology-specific BMPs for seven technology categories: containment technologies, soil washing, thermal treatment, vapor extraction, bioremediation, incineration treatment, and other physical/chemical treatments. Includes case studies and list of acronyms.
 
04/25/1997Environmental Fact Sheet: Treatment Standards Proposed For Toxicity Characteristic (TC) Metal and Mineral Processing WastesPublication
 Description: Discusses EPA's proposal of treatment standards for metal-bearing wastes, including TC waste with high levels of metal constituents, and waste generated in mineral processing operations.
 
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).
 
04/03/1997ATON BATTERIES AS DEBRISMemo
 Description: Intact containers are not debris. Mercury batteries that serve as aid to navigation (ATON) meet the definition of debris if they are deteriorated and ruptured, because they do not meet the definition of intact container. Batteries meeting the definition of debris can be treated in accordance with the alternative debris treatment standards. Non-debris mercury waste requires treatment by roasting or retorting (RMERC) or compliance with a TCLP standard.
 
04/01/1997Environmental Fact Sheet: Treatment Standards Finalized For Wood Preserving Wastes; Less Paperwork Required Under Land Disposal Restrictions (LDR) ProgramPublication
 Description: Describes the promulgation of the rule setting LDR treatment standards for listed hazardous waste from wood preserving operations at the universal treatment standard levels. Removes LDR treatment standards for the group of hazardous wastes known as the California List, thus simplifying the LDR program. Amends the definition of solid waste to exclude processed scrap metal and containerized shredded circuit boards from full hazardous waste management when they are properly recycled. Eliminated approximately 1.6 million hours of LDR recordkeeping.
 
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.
 
03/25/1997APPLICABILITY OF LAND DISPOSAL RESTRICTIONS TO TANK-BASED WASTEWATER TREATMENT SYSTEMSMemo
 Description: Land disposal restrictions do not apply to waste managed in systems that are entirely tank-based. The change in treatability group principle applies when liquid wastes that are technically nonwastewaters are placed in wastewater treatment systems in small quantities for legitimate wastewater treatment. Sludge generated from wastewater treatment belongs to a different treatability group, and is therefore a newly generated waste that should be evaluated at the point of generation. The generator must place a one-time notice in the facility’s file stating the facts of generation and disposition of waste that is discharged under NPDES or POTW regulations.
 
03/11/1997REQUEST FOR ADMINISTRATIVE STAY OF TREATABILITY VARIANCE FOR HAZARDOUS WASTES GENERATED FROM CITGO PETROLEUM'S LAKE CHARLES REFINERYMemo
 Description: A treatability variance at CITGO Petroleum is warranted. The lack of a variance would result in no closure by waste removal and no treatment at all of hazardous waste, a net environmental detriment (SEE ALSO: 61 FR 55718; 10/28/96). The variance requires removal and destruction of benzene to the same level as the existing treatment standard, and greater than 90% removal and destruction of most of the remaining constituents in the waste (SUPERSEDED: CITGO variance withdrawn at 62 FR 64504; 12/5/97). Section 268.44(a) does not require a finding that the waste’s chemical or physical properties differ significantly from the waste tested to develop the treatment standard in order for the standard to be deemed inappropriate.
 
03/10/1997APPLICABILITY OF THE DOMESTIC SEWAGE EXCLUSIONMemo
 Description: The domestic sewage exclusion extends to both listed and characteristic wastes which pass through sewer system to a publicly owned treatment works (POTW). Sewage is subject to CWA, and exempt from RCRA. Waste removed or leaked from a sewer line does not meet the conditions of the exemption. Releases from a sewage lines could be solid waste management units (SWMUs) or areas of contamination (AOCs). The definition of facility for corrective action is dependent on site-specific factors. Releases from SWMUs at permitted facilities are addressed under Sections 3004(u) or 3004(v) authority. Non-SWMU related releases, both within and beyond the facility boundary, are addressed under Section 3005(c)(3) omnibus permitting authority; releases at interim status facilities addressed under Section 3008(h) interim status corrective action orders. Domestic sewage is defined as untreated sanitary wastes that passes through a sewer system.
 
02/11/1997ACHIEVING DEACTIVATION TREATMENT STANDARD THROUGH SOLIDIFICATIONMemo
 Description: DEACT (deactivation) is the required treatment for K044 waste. To achieve deactivation, EPA recommends incineration, chemical/electrolytic oxidation, chemical reduction, biodegradation, or carbon adsorption. The list of recommended technologies is advisory only. Any technology that removes the characteristic can be used for deactivation (SEE ALSO: 55 FR 22552; 6/1/90). Solidification of K044 wastewaters with pozzolonic material satisfies current regulations as long as the solidified material no longer exhibits the potential to form reactive residues and provided the waste exhibits no other characteristic.
 
02/01/1997DELAY OF CLOSUREQuestion & Answer
 Description: Owners and operators of hazardous waste surface impoundments, landfills, and land treatment units can delay the closure timetable beyond the 90-day period and allow the units to accept nonhazardous waste, if the units meet the conditions of Sections 264.113(d)/265.113(d). Owners or operators of tanks, containers, waste piles, and incinerators are not allowed to delay closure. These units must comply with all applicable closure standards before being able to accept nonhazardous waste.
 
02/01/1997FREQUENTLY ASKED QUESTIONS ON MIXED WASTEQuestion & Answer
 Description: Mixed waste (MW) is waste with a hazardous waste component and a radioactive component. MW is jointly regulated by both RCRA and the Atomic Energy Act (AEA).MW is regulated by EPA, DOE, and the Nuclear Regulatory Commission (NRC). MW is typically generated by nuclear power plants, industrial sites, research labs, and medical institutions. MW is subject to the land disposal restrictions (LDR). If no special MW treatment standard is listed, MW is subject to the normal treatment standard for the waste code. AEA regulations take precedence over RCRA regulations when they conflict.
 
02/01/1997K061, K062, AND F006 HTMR SLAG RESIDUES AND USE CONSTITUTING DISPOSALQuestion & Answer
 Description: EPA is reevaluating the proposal on standards for management and use of slag residues derived from high temperature metals recovery (HTMR) treatment of K061, K062, and F006 wastes (12/29/94; 59 FR 67256). EPA may withdraw, repropose, or request additional comment. Use of K061, K062, and F006 slag residue as anti-skid/deicing material is prohibited. Use constituting disposal of slag residue is subject to Section 266.20(b).
 
02/01/1997UNIVERSAL WASTE CONSOLIDATION POINT REGULATIONQuestion & Answer
 Description: A facility that consolidates or collects universal waste from generators or other handlers meets the definition of a universal waste handler, provided the waste is sent on to other handlers, recyclers, or treatment or disposal facilities. If a facility has several locations that serve as consolidation points, each location is regulated as a separate handler. Additional RCRA requirements may apply if the facility is also handling other types of hazardous waste (i.e., non-universal waste).
 
01/21/1997REGULATORY STATUS OF ION EXCHANGE RESIN WASTEMemo
 Description: Ion exchange filter waste used in the treatment of electroplating rinsewaters is F006, even though purified water is recycled to process. An ion exchange filter is classified as a sludge. The definition of sludge is tied to type of unit in which the waste is generated.
 
01/08/1997USE OF SITE-SPECIFIC LAND DISPOSAL RESTRICTION TREATABILITY VARIANCES UNDER 40 CFR 268.44(H) DURING CLEANUPSMemo
 Description: The land disposal restriction (LDR) program requires treatment or placement of waste in no migration unit before placement on land. Discusses treatability variance procedures and minimum requirements for alternative treatment standards (ATT). ATT should consider risk-based cleanup standards. Site-specific treatability variances (SSTV) may be appropriate when the (LDR) treatment standard is unachievable or inappropriate. SSTV may only address some constituents. SSTV is generally appropriate for contaminated soil during corrective action cleanup (SUPERSEDED: see 63 FR 28556; 5/26/98). SSTV approval for soils is delegated to Regions. Discusses SSTV and state authorization. Not all remediation waste is subject to LDR (e.g., LDR not applicable unless waste placed on land before effective date of prohibition). Placement does not occur when hazardous waste is consolidated within a land disposal unit, when waste is treated in-situ, or when the waste is left in place (capped).
 
01/01/1997LAND DISPOSAL RESTRICTION NOTIFICATION REQUIREMENTS FOR DECHARACTERIZED MIXED WASTE SENT TO AN ATOMIC ENERGY ACT LANDFILLQuestion & Answer
 Description: A generator treating prohibited characteristic mixed waste and rendering it nonhazardous must send a one-time notification and certification to EPA Region or authorized state if waste is sent to Atomic Energy Act (AEA) landfill; because 4004 prohibits open dumping of solid waste, the decharacterized waste can be sent to AEA landfill only if it meets Subtitle D criteria of Part 257 or 258
 
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.
 
12/23/1996WHETHER SLUDGE FROM LIME TREATMENT OF A MIXTURE OF K062 AND CHARACTERISTIC HAZARDOUS WASTE QUALIFIES FOR THE LSWPLS EXCLUSIONMemo
 Description: The exclusion from the derived from rule for lime stabilized waste pickle liquor sludge (LSWPLS) at Section 261.3(c)(2)(ii)(A) does not apply to commercial hazardous waste treatment facilities (SEE ALSO: 51 FR 19320; 5/28/86). The exclusion is restricted to LSWPLS generated by the iron and steel industry. Spent pickle liquors can be commingled with other iron and steel industry wastes prior to lime treatment and still qualify for exclusion. Spent pickle liquors mixed with wastes from other sources are not eligible for the exclusion. LSWPLS which continues to exhibit a characteristic must be handled as K062.
 
12/05/1996IMPLEMENTATION OF RCRA SUBPART CC STANDARDSMemo
 Description: The Subpart CC implementation schedule applies to facilities needing extra time to modify their processes to meet exemptions. All CC final rule provisions become effective no earlier than December 6, 1996. No waste determination is required for waste placed in units meeting Subpart CC standards. Surface impoundments used for biological treatment are exempt from Subpart CC.
 
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.
 
11/27/1996PERMITTING AND LAND DISPOSAL REQUIREMENTS FOR MANAGEMENT OF CONTAMINATED SOIL WHICH IS HAZARDOUS OR CONTAINS HAZARDOUS WASTEMemo
 Description: Non-exempt remediation activities involving treatment of hazardous waste or media are subject to RCRA permitting even if the cleanup is under state requirements other than RCRA or CERCLA. States with permit waiver authority may waive the permit requirements for cleanups if the waiver is not used in a manner less stringent than that allowed under federal authority. If the state remediation standards are less stringent, waste must meet the LDR treatment standards before placement. The use of a corrective action management unit (CAMU) or area of contamination (AOC) concept will not trigger LDR requirements.
 
11/13/1996DEFINITION OF SOLID WASTE ISSUES RELATED TO CLEANUP OF CULPEPER WOOD PROCESSING FACILITYMemo
 Description: OSW defers to authorized states and regional offices regarding site specific issues. Wastes which undergo some reclamation, including filtration, are not eligible for the use/reuse exclusion. The use/reuse exemption can apply where material is managed in a land based unit, provided waste is not reclaimed, used in a manner constituting disposal, or used to make a product placed on the land.
 
11/01/1996COOLANT RECYCLING AND USED OIL PROCESSINGQuestion & Answer
 Description: On-site coolant recycling is not used oil processing when intended to extend the life of the oil and when recycling is incidental to the production process. Coolant must be generated on-site and not sent directly off-site to a burner.
 
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.
 
11/01/1996National Capacity Assessment Report: Capacity Planning Pursuant to CERCLA Section 104(c)(9)Publication
 Description: Discusses CERCLA Section 104(c)(9), which requires states to assure that adequate capacity exists to treat and dispose of hazardous wastes. Describes EPA's requirement that adequate national capacity exists and the methodology and data used to conduct the assessment used to make this . Appendices include demand data submitted by the states, commercial capacity data submitted by the states, adjustments to commercial capacity data, list of facilities, and Capacity Assurance Plan management categories. 530-R-94-040 is draft version.
 
11/01/1996STATE AUTHORIZATION AND USED OIL RECYCLED THROUGH SOME OTHER MEANS THAN BURNING FOR ENERGY RECOVERYQuestion & Answer
 Description: EPA does not regulate used oil recycled in some manner other than burning for energy recovery, such as re-refining, in states where Part 279 is not in effect.
 
10/02/1996JOHNSTON ATOLL CHEMICAL AGENT DISPOSAL SYSTEM (JACADS) RISK RELATED ISSUESMemo
 Description: Discusses the draft site-specific combustion risk assessment, current method for assessing the non-carcinogenic risks associated with dioxin exposure, most appropriate data subsets for determining carcinogenic potency factors, methods for assessing the risks associated with exposure to either the sulfur or brominated analogs of dioxin, EPA’s treatment of putative compound synergistic interactions when applied to the facility assessment. EPA has not yet developed a methodology for quantitative assessment of risks due to exposures to potential endocrine disruptors.
 
10/01/1996EXEMPTION FOR LIME STABILIZED PICKLE LIQUOR SLUDGE GENERATED BY THE IRON & STEEL INDUSTRYMemo
 Description: Lime stabilization of pickle liquor can be part of a wastewater treatment system that treats other nonhazardous, or characteristic wastes. Sludge will be exempt from derived-from rule if not characteristic. The derived-from rule exemption at Section 261.3(c)(2)(ii)(A) will not apply if the pickle liquor is treated with other listed waste. A sludge which exhibits a characteristic is listed K062 waste.
 
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.
 
08/30/1996CHEMICAL CONVERSION OF ALUMINUM AND WHETHER WASTEWATER TREATMENT SLUDGE GENERATED IS CONSIDERED AN F019 HAZARDOUS WASTEMemo
 Description: Sludge from an aluminum powder preparation process involving phosphating (but not zirconium phosphating) meets the F019 listing. Phosphating includes producing a mildly protective layer of insoluble crystalline phosphate on the surface of a metal. All wastewater treatment sludges from the chemical conversion coating of aluminum, except zirconium phosphating, are covered by the F019 listing, regardless of their composition and constituent concentration. (SUPERCEDES Brandes to Wozniak; 2/27/95 (RO 11940))
 
08/14/1996USED OIL MANAGEMENT STANDARDS TO MATERIALS CONTAMINATED WITH USED OIL AND PROVIDE LITTLE OR NO ENERGY WHEN BURNEDMemo
 Description: Materials contaminated with used oil from which the free flowing oil has been drained are regulated as used oil if the material is burned for energy recovery. Burning for energy recovery for the purposes of used oil is limited to materials that have heating values of at least 5,000 BTUs per pound. A state may have a more stringent definition of burning for energy recovery.
 
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).
 
06/19/1996JURISDICTIONAL STATUS UNDER THE RCRA OF CERTAIN METAL-RICH SLUDGESMemo
 Description: Wastewater treatment sludge (F006) sent to primary smelters for copper extraction is not eligible for the Section 261.2(e) use/reuse exemption because the sludge is being reclaimed. Sludge may be eligible for a variance from the definition of solid waste under Section 260.30(c) as a partially reclaimed material needing further reclamation.
 
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.
 
06/14/1996STATUS OF SLAGS FROM THE PROCESSING OF LEAD ACID BATTERIESMemo
 Description: Slag or matte from recovery of lead from lead acid batteries is a new treatability group under the land disposal restriction (LDR). The status of residuals as prohibited or nonprohibited is determined at point of generation (SEE ALSO: 55 FR 22568; 6/1/90).
 
06/10/1996HOW TREATING FILTRATION MEDIA COMPARABLE TO ACTIVATED CARBON WOULD BE PERMITTED UNDER RCRAMemo
 Description: A unit regenerating hazardous waste (HW) other than spent activated carbon (e.g., activated alumina) can be a carbon regeneration unit (CRU) if it is used primarily to regenerate spent carbon, and other regeneration activities are similar. Regeneration means restoring HW material to its original use. A CRU regulated as a thermal treatment unit is subject to Part 264, Subpart X, and Part 265, Subpart P, not incinerator standards.
 
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.
 
05/30/1996STATUS OF MIXED COAL PRODUCTSMemo
 Description: Characteristic manufactured gas plant (MGP) wastes can be mixed with coal or other material in a generator accumulation unit until the characteristic is removed. The resulting mixture may be sent to a fossil fuel combustor provided the mixture is no longer characteristically hazardous. Combustion residues are exempt under the Bevill exemption for fossil fuel combustion wastes. If the mixture is sent to a landfill, it must meet land disposal restrictions (LDR) treatment standards regardless of whether the characteristic has been removed (SEE ALSO: 63 FR 28574; 5/26/98).
 
05/23/1996EPA'S IMPLEMENTATION OF THE HAZARDOUS WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: EPA can require combustion facilities to perform indirect exposure risk assessments under the omnibus authority (Section 3005(c)(3)). EPA does not require the use of a particular risk assessment model. In order to invoke the omnibus authority, EPA must show that additional requirements are necessary to protect human health and the environment. Discusses the scope and limitations of the omnibus provision. The Combustion Strategy does not impose regulatory requirements and is not subject to notice and comment. Discusses EPA rationale for targeting hazardous waste combustors under the Combustion Strategy. Facilities can challenge requests to perform a risk assessment (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
05/10/1996APPLICABILITY OF OMNIBUS AUTHORITY AND SITE SPECIFIC RISK ASSESSMENTS TO WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: The use of the omnibus authority (Section 3005(c)(3)) in implementing the Combustion Strategy is consistent with the original intent of statute and regulations. The strategy does not impose regulatory requirements, but is a statement of policy. EPA requires a site-specific risk assessment at hazardous waste combustion facilities prior to permit determination under omnibus authority because combustion regulations do not fully account for indirect exposure pathways (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
05/01/1996EXCLUSION OF LABORATORY WASTES FROM THE MIXTURE RULEQuestion & Answer
 Description: Wastes listed for being acutely hazardous or both toxic and characteristic are eligible for the Section 261.3(a)(2)(iv)(E) exemption from the mixture rule. Sludges from exempt wastewaters are exempt from listings but are hazardous if characteristic or derived from non-laboratory listed waste. The section 261.3(a)(2)(iv)(E) wastewater treatment exemption does not apply to wastewaters listed solely for a characteristic. Wastes listed solely for exhibiting a characteristic are eligible for the mixture rule exemption at Section 261.3(a)(2)(iii) (SEE ALSO: 268.3; 66 FR 27266; 5/16/01).
 
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.
 
04/24/1996PERFORMANCE AND SAFE APPLICABILITY OF COLD-MIX TECHNOLOGIES AND BIOREMEDIATION FOR PETROLEUM-CONTAMINATED SITESMemo
 Description: Discusses the appropriateness of solidification and stabilization technologies for the treatment of organics. Stabilization/solidification technologies are not considered best demonstrated available technology (BDAT) for petroleum wastes. Volatilization can occur during certain stabilization/ solidification processes. Discusses bioremediation technologies (including land treatment, biopiles, and bioventing) and degradation rates.
 
04/12/1996USE OF INDUSTRIAL HAZARDOUS AND NON-HAZARDOUS WASTES AS FEEDSTOCK FOR A CATALYTIC EXTRACTION PROCESSING (CEP) UNITMemo
 Description: A catalytic extraction process (CEP) using listed hazardous waste (HW) feedstock to produce synthesis gas (syngas) may be legitimate recycling. A legitimate recycling determination is left to the implementing agency. Once a determination is made, the implementing agency must determine if the HW feedstock is exempt for use/reuse. The exemption does not apply if the resulting product is burned for energy recovery, used to make fuel (261.2(e)(2)(ii)), or used in a manner constituting disposal. Residuals from the CEP are not regulated if they are not listed or characteristic. Listed or characteristic residuals would be a newly generated waste. The current regulations do not characterize HW-derived fuels based on a comparison to product fuels. EPA has proposed a comparable fuels exclusion and syngas exemption (SEE ALSO: the exclusion was finalized 63 FR 33782; 6/19/98).
 
04/10/1996MAXIMUM ACHIEVALBE CONTROL TECHNOLOGY (MACT) RULEMAKING FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: Improperly designed hazardous waste incinerators and cement and light weight aggregate kilns (BIFs) can pose a hazard. EPA signed the proposed MACT rule on March 20, 1996, (61 FR 17358; 4/19/96) to establish tough dioxin, mercury, and lead emission standards (SEE ALSO: 64 FR 52828; 9/30/99). The Agency will continue to use the omnibus permitting authority (270.32(b)(2) and 3005(c)(3)) to ensure protection on a site-specific basis. The Agency remains committed to developing tailored regulations in conjunction with the existing authorities for Bevill exempt cement kiln dust (CKD). Addresses the risks from CKD management identified in the CKD regulatory determination (60 FR 7366; 2/7/95). The decision affects all CKD, regardless of the fuel burned. The CKD program will be risk-based, flexible, and tailored to site-specific conditions.
 
04/01/1996ABILITY OF A HAZARDOUS WASTE BURNING BIF TO SPIKE METALS AND USE OF TEST DATA IN LIEU OF A TRIAL BURNMemo
 Description: EPA does not recommend spiking toxic metals at high concentrations during BIF trial burns. Burning waste fuels with high metals content in trial burns, compliance tests, or normal operations is an environmentally unsound practice. The Combustion Strategy recommends that toxic metals burned in hazardous waste combustors be addressed in a multi-pathway risk assessment under Section 3005(c)(3) omnibus authority. Decisions to allow the use of data in lieu of a trial burn or compliance test are made on a site-specific basis. Data-in-lieu of provisions are not intended to allow the elimination of retesting requirements.
 
04/01/1996Environmental 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.
 
04/01/1996FREQUENTLY ASKED QUESTIONS ON HAZARDOUS WASTE GENERATOR REQUIREMENTSQuestion & Answer
 Description: Large quantity generators (LQGs) and small quantity generators (SQGs) may treat without a permit or interim status under Section 262.34. SQGs are not subject to Biennial Report requirements. Conditionally exempt small quantity generators (CESQG) regulations are found in Section 261.5. EPA does not require waste codes on the manifest but DOT regulations may. States may require waste codes to be listed on the manifest.
 
03/29/1996SITE-SPECIFIC RISK ASSESSMENTS UNDER THE HAZARDOUS WASTE COMBUSTION STRATEGYMemo
 Description: The April 1994 draft "Exposure Assessment Guidance for RCRA Hazardous Waste Combustion Facilities" is applicable guidance for site-specific risk assessments (somewhat dated). EPA encourages using the most up-to-date technical information available and other relevant guidance. EPA encourages the use of actual field data when assessing exposures for evaluating modeling results.
 
03/15/1996EPA RESPONSES TO CONCERNS RAISED ON THE MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS FOR CEMENT KILNSMemo
 Description: Discusses the Agency response to a Congressman on the approach to combustion emissions regulation, why the Agency is pursuing MACT, and the risk justification for MACT. Addresses whether cement kilns and incinerators are grouped in developing MACT and whether the Agency distinguishes between wet and dry kilns under MACT. Discusses why the Agency established feed rate limits for kilns under MACT (SEE ALSO: 64 FR 52828; 9/30/99), and why the Agency is requiring a site-specifc risk assessment at cement kilns using the omnibus permitting authority (RCRA 3005(c)(3)).
 
03/01/1996Environmental Fact Sheet: EPA Publishes Land Disposal Restrictions Treatment StandardsPublication
 Description: This fact sheet announces EPA's provision of innovative compliance options that bridge the requirements of CWA and RCRA for treating hazardous wastes, and simplify permit requirements and ease compliance by eliminating potential confusion about applicable regulatory requirements of the LDR program.
 
03/01/1996FREQUENTLY ASKED QUESTIONS ON COMPLIANCE WITH PART 268 LAND DISPOSAL RESTRICTIONS TREATMENT STANDARDSQuestion & Answer
 Description: Provides an explanation of the Section 268.40 Treatment Standards for Hazardous Wastes and Section 268.48 Universal Treatment Standards (UTS). Certain characteristic wastes are subject to Sections 268.40 and 268.48. Listed wastes are only subject to universal treatment standards (UTS) if they exhibit a characteristic not addressed in the treatment standard for the listed waste. Characteristic metal wastes that exhibit a second characteristic subject to universal treatment standards must meet the more stringent metal treatment standard.
 
02/27/1996CLARIFICATION OF THE ""MIXTURE RULE,"" THE ""CONTAINED-IN"" POLICY, LDR ISSUES, AND ""POINT OF GENERATION"" FOR U096Memo
 Description: U096 spilled on soil is subject to the contained-in policy. The contained-in policy does not specify levels at which contained-in determinations must be made. EPA leaves contained-in determinations to the discretion of the implementing agency. Under the Section 261.3(a)(2)(iii) mixture rule exemption, mixture of hazardous waste listed solely for exhibiting a characteristic (e.g., U096) and solid waste that no longer exhibits a characteristic can be disposed in a subtitle D landfill, but must still meet land disposal restrictions treatment standards (SEE ALSO: 268.3; 61 FR 18780; 4/29/96; 66 FR 27266; 5/16/01).
 
02/26/1996APPLICABILITY OF THE OMNIBUS AUTHORITY AND SITE SPECIFIC RISK ASSESSMENTS TO WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: The use of omnibus authority (Section 3005(c)(3)) in implementing the Combustion Strategy is consistent with the original intent of the statute and regulations. The strategy does not impose regulatory requirements, but is statement of policy. Under the omnibus authority, EPA requires a site-specific risk assessment at hazardous waste combustion facilities prior to permit determination because combustion regulations do not fully account for indirect exposure pathways (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
02/20/1996CLARIFICATION OF RCRA CORRECTIVE ACTION PROGRAM WITH REGARD TO TSD UNITSMemo
 Description: RCRA regulated units (surface impoundments, waste piles, land treatment units, and landfills) are solid waste management units (SWMUs). SWMUs are subject to RCRA corrective action authority (i.e., Sections 3004(u) or 3008(h)). Discusses integrated implementation of corrective action for releases to groundwater and other media from regulated units (SEE ALSO: Section 264.90(f) and 63 FR 56710; 10/22/98)). Dual authority is required when conducting cleanup at a regulated unit in a state authorized for RCRA groundwater requirements but not for corrective action. Changes necessary to comply with a corrective action order are exempt from the reconstruction limit. Closure need not be delayed to perform corrective action. EPA encourages coordination between closure and corrective action activities.
 
02/08/1996APPLICABILITY OF LAND DISPOSAL RESTRICTIONS TO WIPP-DESTINED TRANSURANIC MIXED WASTEMemo
 Description: Land disposal restrictions no migration demonstration is not necessary for waste destined for disposal at the Waste Isolation Pilot Plant (WIPP). Compliance with AEA and WIPP Compliance Criteria adequately protects human health and the environment. Risks specific to hazardous waste during the operational phase of WIPP can be addressed through RCRA permit requirements. Miscellaneous unit standards require the prevention of releases that may cause adverse effects.
 
02/01/1996CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS TREATING IN ELEMENTARY NEUTRALIZATION UNITSQuestion & Answer
 Description: Conditionally exempt small quantity generators (CESQGs) may treat hazardous waste in elementary neutralization units (ENU) without meeting Sections 261.5(f)(3) and (g)(3) standards. ENUs are exempt from treatment, storage, disposal, and permitting standards.
 
01/26/1996LAND 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).
 
11/30/1995SITE-SPECIFIC RISK ASSESSMENTS AT COMBUSTION FACILITIES THAT ARE REGULATED UNDER RCRAMemo
 Description: As part of the Combustion Strategy, EPA has a policy of strongly recommending site-specific risk assessments for all permits under the Section 3005(c)(3) omnibus provision (when necessary). EPA recommends site-specific risk assessments for all combustors (incinerators, BIFs) (SEE ALSO: 61 FR 17358; 4/19/96).
 
11/09/1995USE OF METAL SURROGATES IN COMPLYING WITH THE BOILER AND INDUSTRIAL FURNACE (BIF) RULEMemo
 Description: BIF rules do not specifically prohibit testing with surrogate metals, but the use of surrogate metals may be of limited use. Use of a low volatility regulated metal (e.g., chromium, arsenic) as a surrogate for beryllium is discouraged.
 
10/16/1995ADMINISTRATIVE STAY OF USED OIL REGULATORY PROVISIONSMemo
 Description: The administrative stay for used oil (UO) and characteristic hazardous waste (HW) mixtures applies only to 279.10(b)(2). All UO and characteristic HW mixtures are subject to land disposal restrictions, even if they are no longer characteristic. Treatment of a UO mixture or residuals for underlying constituents or by a specified technology may be required (SUPERSEDED: See 61 FR 33691; 6/28/96).
 
10/12/1995CLARIFICATION OF TREATMENT, AS DEFINED AT 40 CFR SECTION 260.10, AS IT RELATES TO HAZARDOUS WASTE FUEL BLENDING ACTIVITIESMemo
 Description: Consolidation of compatible bulk or containerized wastes to facilitate efficient transportation or disposal is not treatment. Blending hazardous waste fuels to meet a specification is treatment and requires a permit.
 
09/15/1995CLARIFICATION OF THE RCRA "CONTAINED-IN" POLICYMemo
 Description: Pursuant to the contained-in policy, environmental media that contains listed hazardous waste (HW) must be managed as HW because, and only so long as, it contains listed HW (SEE ALSO: 66 FR 27266; 5/16/01). Regions and authorized States may apply the contained-in policy to determine site-, media-, exposure pathway-, and contaminant-specific levels either before or after treating media and use any mechanism to document these decisions. A state must only be authorized for part of the base program under which a waste of concern is hazardous to make the contained-in determination. The land disposal restrictions (LDR) treatment standards attach at the point of generation and apply to media that no longer contain HW, and to media exhibiting a characteristic that is subsequently treated to eliminate the characteristic. Contaminated media (groundwater (GW), soil, surface water) is not considered a solid waste (abandoned, recycled, or inherently waste-like). The in-situ treatment and movement of contaminated media within an area of contamination (AOC) is not land disposal. Pursuant to RCRA 3020(b), GW may be treated during a cleanup action and reinjected into an aquifer without meeting LDR. EPA encourages individuals who believe that the universal treatment standards (UTS) are not appropriate for their contaminated media to apply for a site-specific treatability variance (SEE ALSO: 63 FR 28556; 5/26/98).
 
08/25/1995INTERPRETATION OF THE REGULATORY EXEMPTION FOR BURNING USED OIL IN SPACE HEATERSMemo
 Description: Generators who want to burn used oil in space heaters under 279.23(a)(1) may burn only used oil that they generated and used oil collected from Do-It-Yourselfers. A generator with multiple facilities may burn used oil from his other facilities, but not used oil generated by another business. Used oil brought from off site is subject to the 55-gallon limit.
 
08/24/1995THE DIFFERENCE BETWEEN THE DEFINITION FOR THE CHARACTERISTIC OF IGNITABILITY AS IT PERTAINS TO SOLIDS VS. LIQUIDSMemo
 Description: There is no official method for testing ignitability of solids or sludges. Method 1010, Pensky-Martens, has some use for liquid wastes with non-filterable, suspended solids. Flash point testing is only appropriate for liquids. OSW developed and proposed SW-846 test method 1030 based on the DOT burn rate test in Section 173.124 and Appendix E (SUPERSEDED: SW-846 method 1030 finalized in 6/13/97; 62 FR 32451). If using the DOT method, separate the solid/liquid phases and test separately. Supplement tests with generator knowledge.
 
08/10/1995CLARIFICATION AS TO WHETHER DEWATERING IS A PROCESS THAT TRIGGERS EPA'S USED OIL PROCESSOR REQUIREMENTSMemo
 Description: Dewatering of oil-based used coolant does not make a generator a processor. If the generator is dewatering and sending used oil (UO) to be burned, then the generator is also a processor.
 
08/04/1995CLARIFICATION OF THE REGULATORY STATUS UNDER RCRA OF SILVER RECOVERY UNITS USED IN PHOTO PROCESSINGMemo
 Description: Silver recovery units used to treat photographic processing wastewaters are characteristic sludges and not a solid waste when reclaimed. This applies regardless of whether the sludge is produced as a result of required or voluntary wastewater treatment.
 
08/02/1995A DETERMINATION OF WHETHER A DETOX(SM) WET OXIDATION PROCESS WOULD BE REGULATED UNDER SUBPART X OR UNDER SUBPART OMemo
 Description: Wet oxidation process (DETOX) is a miscellaneous unit, not incinerator, because direct flame combustion is not involved. Subpart X permits contain such terms necessary to protect human health and environment.
 
07/18/1995DETERMINATION OF EQUIVALENT TREATMENT (DET) FOR F024 FOR WHICH INCINERATION IS BDATMemo
 Description: The proposed treatment of F024 using catalytic extraction processing would provide the treatment equivalent to the promulgated treatment standard, INCIN (incineration). This determination of equivalent treatment (DET) pursuant to 268.42(b) applies to specific facilities. Additional sites may be covered by a DET if the technology is expected to be commercially deployed at other sites and the company requests a DET.
 
07/13/1995REGULATORY STATUS OF SPENT ANTIFREEZEMemo
 Description: Spent antifreeze from radiator flushes may be characteristic. Studies indicate spent antifreeze may be hazardous, primarily due to lead. EPA has not determined the point of generation for like wastes of similar composition when commingled after being produced. Discusses the status of commingling hazardous and nonhazardous antifreeze. If the commingled mixture is no longer hazardous and meets treatment standards, the generator must comply with the Section 268.9 notification requirement. Residues and still bottoms from antifreeze recycling are a newly generated waste. Metal-bearing, high-BTU still bottoms could be burned in a BIF under the dilution prohibition.
 
06/30/1995DETERMINATION WHETHER SECONDARY MATERIAL TRANSPORTED TO A CANADIAN COPPER SMELTER IS A SOLID WASTEMemo
 Description: Although dewatering is reclamation, dried metal hydroxide solids in pellet powder from dewatering electroplating wastewater are F006. The listing applies even if the sludge is reclaimed further. Pellets sent to a smelter to recover metals are reclaimed, not directly used or reused, because distinct components are recovered as separate end products. The sludge is F006 before reclamation unless a variance from the definition of solid waste for partially-reclaimed wastes needing further reclamation (260.30(c)) is obtained.
 
06/23/1995REGULATORY DETERMINATION BY INDIANA FOR COPPER SALT PRODUCTIONMemo
 Description: A liquid ion exchange technology used to remove metal contaminants from wastewater before discharge can be an exempt recycling process when used to recover metals from the wastewater. An explanation of the ion exchange wastewater treatment technology is provided. RCRA 3009 prohibits state governments or other political subdivisions from imposing regulations less stringent than the federal RCRA rules on the same matter.
 
06/14/1995INTERPRETATION OF THE PHRASE ""WHICH CAN BE REASONABLY EXPECTED TO BE PRESENT"" FOR SOIL THAT EXHIBITS THE TOXICITY CHARACTERISTICMemo
 Description: When preparing land disposal restrictions (LDR) notification for D001, D002, D012-43 soils, constituents “reasonably expected to be present” would include all constituents above universal treatment standards (UTS) levels. In remediation, the point of generation is the point at which contaminated soil is picked up (SEE ALSO: 63 FR 28556; 5/26/98).
 
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.
 
05/04/1995UNIVERSAL TREATMENT STANDARDS FOR CARBON DISULFIDE IN WASTEWATERMemo
 Description: The land disposal restrictions (LDR) universal treatment standards (UTS) for carbon disulfide in wastewater are derived from data supplied by industry. Discusses how EPA sets the UTS to produce a standard that is universally achievable. The UTS reflect the most difficult to treat waste.
 
05/03/1995CLARIFICATION AND/OR RECONSIDERATION OF CERTAIN PROVISIONS CONTAINED IN EPA'S FINAL RULE ON RECOVERED OILMemo
 Description: The exclusion for recovered oil from normal petroleum refinery operations inserted into the process prior to catalytic cracking is discussed (SUPERSEDED: exclusion applies to insertion at points other than catalytic cracking, See 61 FR 13103; 3/26/96). The application of the exclusion to refineries and petrochemical facilities that share a wastewater treatment system is outlined (SEE ALSO: 261.4(a)(18)). The exclusion covers oil recovered from off-site petroleum industry activities associated with the exploration, production, and transportation when returned to a refinery. EPA is investigating how to regulate cokers that receive hazardous waste (SEE ALSO: 63 FR 42110; 8/6/98).
 
04/01/1995STATUS OF FOSSIL FUEL COMBUSTION WASTE EXCLUSIONQuestion & Answer
 Description: Discusses the regulatory status of fossil fuel combustion wastes. Independently- managed large-volume coal-fired utility wastes are excluded under the Bevill exemption for fossil fuel combustion wastes. Remaining wastes are excluded until a final determination is made in 1998. Low-volume wastes not co-managed with large-volume wastes are not excluded.
 
03/22/1995REVISED IMPLEMENTATION STRATEGY FOR CITY OF CHICAGO V. EDF MUNICIPAL WASTE COMBUSTION (MWC) ASH SUPREME COURT DECISIONMemo
 Description: Ash from waste-to-energy facilities burning municipal solid waste (MSW) is no longer exempt from Subtitle C if it exhibits characteristics under 3001(i). Municipal waste combustor ash must be evaluated for characteristics at the point the ash leaves the resource recovery facility, making the mixing of bottom and fly ash prior to a hazardous waste determination impossible in some cases (SEE ALSO: 10/1/94-02; 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95).
 
03/15/1995Report to Congress on Flow Control and Municipal Solid WastePublication
 Description: This report discusses flow controls, defined as legal authorities used by state and local governments to designate where municipal solid waste (MSW) must be taken for processing, treatment, or disposal. This report presents a comparative review of states with and without flow control authority, identifies the impact of flow control ordinances on protection of human health and the environment, and characterizes the impact of flow control on the development of state and local waste management capacity and on the achievement of state and local goals for source reduction, reuse, and recycling. Appendices include a summary of public comments on flow control; legal decisions concerning MSW flow controls; a summary matrix of state flow control authorities; flow control case studies; and technical analyses of waste generation, composting, recycling, waste-to-energy, and landfills.
 
03/08/1995REGULATORY STATUS OF SPENT FOUNDRY SAND UNDER RCRAMemo
 Description: Foundry sands normally become wastes when a sand mold is broken at a "shakeout table" and the sand is separated from metal castings. If the sand is destined for reclamation rather than direct reuse, the sand is a spent material and solid waste (SUPERSEDED: SEE RPC# 3/28/2001-01). Nonthermal reclamation of foundry sands (screening sand to remove metal residuals) is an exempt recycling process. Thermal reclamation using a controlled flame to destroy organics in the sand is incineration subject to Subpart O. Spent foundry sand destined for direct reuse as a fluxing agent in primary copper smelting is not a solid waste. Treating hazardous spent foundry sands with iron to stabilize metal contaminants could constitute impermissible dilution (SEE ALSO: 60 FR 11702, 11731; 3/2/95). Most spent foundry sand that is hazardous exhibits the toxicity characteristic for lead (D008) or cadmium (D006). An estimate that 4% of foundry sand sent for disposal is hazardous is provided. Sand used in a leaded brass manufacture is more often hazardous than other foundry sands.
 
03/07/1995APPLICABILITY OF THE HOUSEHOLD WASTE EXCLUSION TO LEAD-CONTAMINATED SOILMemo
 Description: Lead-contaminated soil at a residence is exempt household hazardous waste (HHW) if it is the result of routine stripping and painting or natural weathering of lead-based paint (LBP). LBP chips from stripping and repainting of residence walls by an owner or contractor are HHW. Construction, renovation, or demolition debris is not HHW (SUPERSEDED: See RPC# 7/31/00-01). Waste generated by home health care providers may be HHW. Media and debris contaminated by residential heating oil tanks are household hazardous waste (HHW). Covering residential soil containing hazardous waste with sod, mulch, or gravel does not constitute generation, treatment, or disposal of hazardous waste and triggers no Subtitle C obligations. HHW mixed with a regulated hazardous waste is subject to Subtitle C regulation. The Subtitle D regulations (Part 257 open dumping rules and Part 258 municipal solid waste landfill regulations) may not apply to household waste disposed on residential property.
 
03/01/1995DEFINITION OF FORMERLY BEVILL EXEMPT WASTEQuestion & Answer
 Description: Discusses the history of the Section 261.4(b)(7) Bevill mining and mineral processing waste exclusion. All mineral processing wastes not currently identified in Section 261.4(b)(7) are newly identified and are not subject to the land disposal restrictions (LDR) until EPA promulgates treatment standards (SUPERSEDED: see 63 FR 28556; 5/26/98).
 
02/27/1995CLARIFICATION OF F006/F019 INTERPRETIVE LETTER REGARDING WASTES GENERATED FROM AN ALUMINUM COATING PROCESSMemo
 Description: Wastewater treatment sludges from anodizing aluminum in sulfuric acid are excluded from the F006 listing. Sealing and coloring anodized aluminum are not processes covered by the F006 or F019 listing if no chromates or cyanides are used. Electrodeposition with a clear acrylic film does not generate a listed hazardous waste if no chromate or cyanides are used. (SUPERCEDED BY: Bussard to Environmental Science Services; 8/30/96 (RO 14103))
 
02/22/1995REGULATORY DETERMINATION OF CEMENT KILN DUSTMemo
 Description: Cement kiln dust (CKD) is exempt under the 261.4(b)(8) Bevill exclusion until EPA promulgates custom-tailored RCRA Subtitle C rules. The CKD decision (60 FR 7366; 2/7/95) applies to all dust whether or not a hazardous waste fuel is burned in the kiln, although CKD from cement kilns co-burning hazardous waste must qualify for the exclusion through the 266.112 test.
 
02/16/1995RESPONSE TO PETITION ON PROHIBITION OF USE OF SLAG FROM HIGH TEMPERATURE METALS RECOVERY AS ANTI-SKID/DEICING AGENTMemo
 Description: The 266.20 use constituting disposal regulations effectively prohibit the use of slag derived from high temperature metals recovery (HTMR) of K061, K062, and F006 for anti-skid or deicing agents. HTMR residues may contain high concentrations of metals. EPA is not confident that K061, K062, and F006 used in this manner have been treated to minimize any threat.
 
02/15/1995Environmental Fact Sheet: EPA Finalizes Listing of Wastes from the Production of Carbamates and Adds 58 Chemicals to the Off-Specifications Product ListPublication
 Description: Amends the list of hazardous wastes generated from specific sources to include the following additional wastes: K156 - organic waste from the production of carbamates and carbamoyl oximes; K157 - wastewaters from the production of carbamates and carbamoyl oximes; K158 - bag house dust and filter/separation solids from the production of carbamates and carbamoyl oximes; K159 - organics from the treatment of thiocarbamate wastes; K160- solids from the production of thiocarbamates and solids from the treatment of thiocarbamate wastes; K161 - purification solids, bag house dust, and floor sweepings from the production of dithiocarbamate acids and their salts (not including K125 and K126); and 58 specific materials (commercial chemical products or manufacturing chemical intermediates) that are hazardous wastes if discarded or intended to be discarded. Adds EPA Hazardous Waste Numbers K156 through K161 and the 58 specific toxic and acutely toxic products to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) list of hazardous substances and establishes CERCLA reportable quantities for these materials.
 
02/15/1995Environmental Fact Sheet: EPA Proposes Concentration-Based Treatment Standards for Hazardous Constituents Found in Characteristic Wastes Managed in Clean Water Act SystemsPublication
 Description: Announces EPA's proposed innovative compliance options for meeting requirements posed by the DC Circuit Court's opinion on the Third Third land disposal restrictions for ignitable, corrosive, and reactive wastes. Addresses ways to integrate overlapping requirements under the Clean Water Act and RCRA statutes to avoid duplication.
 
02/10/1995CLARIFICATION OF THE LDR PHASE II REGULATION THAT APPEARED IN THE FEDERAL REGISTER ON SEPTEMBER 19, 1994Memo
 Description: SW-846 need not be used to demonstrate compliance with the universal treatment standards (UTS). When organic waste are combusted, nondetect values within an order of magnitude of UTS are acceptable. Notification for F001-F005, F039, D001, D002, D012-43 must include the constituents to be monitored if monitoring will not involve all UTS constituents.
 
02/06/1995REGULATORY STATUS OF ACRYLIC PLASTIC DUSTMemo
 Description: Dust collected in an air filtration system is not a sludge since filtration is intended to recover dust, not control pollution. Collected dust is a spent material. Heating and distillation are considered reclamation processes. The regulatory status of recycled acrylic plastic dust generated from plastic media blasting is discussed. Because a spent material is being reclaimed before use, it is not eligible for the 261.2(e) exclusion.
 
02/06/1995REGULATORY STATUS OF RESIDUAL AVIATION FUELS THAT ARE BURNED FOR ENERGY RECOVERYMemo
 Description: Off-specification fuels (e.g. gasoline, kerosene, jet fuel, diesel) are not a solid waste when burned for energy recovery because they are used for their intended purpose. The manner in which fuels become off-specification generally is not relevant, unless the fuels are mixed with or contaminated by a non-fuel hazardous waste. Many uses as a fuel are legitimate burning for energy recovery.
 
02/01/1995STATUS OF WWTUS/ENUS AT GENERATOR SITESQuestion & Answer
 Description: Generators treating hazardous waste in an on-site wastewater treatment unit (WWTU) or elementary neutralization unit (ENU) need not comply with Section 262.34 accumulation standards because these units are already exempt from RCRA permitting and TSDF requirements.
 
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.
 
01/26/1995CHARACTERIZATION OF WASTE STREAMS FROM POLYMERIC COATING OPERATIONSMemo
 Description: Manufacturing process units may include distillation columns, flotation units, or discharge trays or screens. Rags and wipers can only be defined as listed if they contain a hazardous waste. If a rag or wiper contains a listed waste, it is a hazardous waste via the contained-in policy or it is considered mixed with a listed hazardous waste (SEE ALSO: 2/14/94-01). The final regulatory determination for wipers should be made by the State or Regional office. No test method has been promulgated for spontaneous combustion. A generator is responsible for comparing properties of his/her waste with the narrative definition. The Paint Filter Liquids test is the current test to determine whether a material contains a liquid for the characteristic of ignitability (D001).
 
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.
 
12/19/1994REGULATORY DETERMINATIONS UNDER RCRA ON THE STATUS OF ZINC OXIDE PRODUCED BY AN ELECTRIC ARC STEEL FURNACEMemo
 Description: Incorporating hazardous waste into animal feeds is generally not considered use in a manner constituting disposal. If zinc oxide produced from the recycling of K061 is completely reclaimed, it is a product and is no longer subject to RCRA provided it is not burned for energy recovery or used in a manner constituting disposal. In cases where the zinc oxide will be further refined to make zinc metal, it is a partially reclaimed listed sludge and is still a hazardous waste subject to regulation.
 
12/19/1994UNIVERSAL TREATMENT STANDARDS AUTHORIZATION IMPLICATIONSMemo
 Description: Changes to the land disposal restrictions (LDR) standards due to the new universal treatment standards (UTS) are not immediately effective in states authorized for LDR. The standards for newly listed wastes are immediately effective in all states.
 
12/16/1994BUBBLER CANISTERS CONTAINING PHOSPHOROUS OXYCHLORIDE ARE NOT WASTE WHEN RETURNED TO THE UNITED STATES FROM JAPAN FOR REGENERATIONMemo
 Description: Bubbler canisters containing unused phosphorous oxychloride is a commercial chemical product (CCP) when reclaimed and not solid waste. A partially empty bubbler canister which is recharged by adding new phosphorous oxychloride to residual phosphorous oxychloride left in the bubbler is continued use of a product, not waste. The bubbler canister is not subject to OECD provisions when imported into U.S. for reclamation, because the bubbler canister is not subject to U.S. laws and regulations. Phosphorous oxychloride is highly corrosive and reacts violently with water, and therefore could be a reactive or corrosive characteristic hazardous waste if it is a solid waste. It is inappropriate to discharge untreated phosphorous oxychloride to a wastewater treatment system or to land dispose. Phosphorous oxychloride is hazardous reactive (D003) and possibly corrosive (D002) when discarded. Phosphorous oxychloride can be destroyed through the addition of a sodium hydroxide solution.
 
12/13/1994LE VALT MERCURY-CADMIUM BATTERIESMemo
 Description: Unused batteries sent for reclamation are CCPs being reclaimed, and are not solid wastes. Mercury-cadmium batteries must be treated by thermal recovery. EPA recognizes that most battery recycling technologies in the U.S. are not designed to treat these wastes (SEE ALSO: Part 273).
 
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.
 
12/05/1994LAND DISPOSAL RESTRICTIONS WASTE IDENTIFICATION REQUIREMENTS FOR ORGANIC HAZARDOUS WASTESMemo
 Description: If the waste code for a listed waste includes a treatment standard for the constituent that causes waste to exhibit a characteristic, only the listed waste code needs to be identified for purposes of land disposal restrictions (LDR). The treatment standard for the characteristic waste, including requirement to treat for underlying hazardous constituents does not have to be met.
 
12/01/1994ELEMENTARY NEUTRALIZATION UNITS GENERATING AND STORING NON-CORROSIVE HAZARDOUS WASTESQuestion & Answer
 Description: A tank in which corrosive-only (D002) electroplating wastewaters are treated meets the definition of elementary neutralization unit (ENU), even if the treatment process produces an F006 sludge. F006 is subject to regulation once it is removed from the tank.
 
11/15/1994APPLICABILITY OF RCRA REGULATIONS TO A PROPOSED FUMING/GASIFICATION UNITMemo
 Description: Discusses the regulatory status of a fuming/gasification (plasma arc) unit as an incinerator, industrial furnace, or miscellaneous unit. Clarifies devices versus process trains (SEE ALSO RPC# 7/29/94- 01). If the process train meets the industrial furnace definition, it may be conditionally exempt under Section 266.100(c) (SEE ALSO: 61 FR 17358; 4/19/96). The Draft Waste Minimization and Combustion Strategy does not apply to combustion facilities that handle only remediation wastes.
 
11/15/1994NSPS AND EMISSIONS GUIDELINES FOR MUNICIPAL INCINERATIONMemo
 Description: Clean Air Act standards for medical waste incinerators (New Source Performance Standards (NSPS) and Emissions Guidelines (EG)) are expected to be proposed in February 1995. The DOT regulation of medical waste and materials infectious to animals are expected to be effective on 10/1/95 (SEE ALSO: 60 FR 33912; 6/29/95).
 
11/15/1994VARIANCES FROM CLASSIFICATION AS A SOLID WASTE UNDER 40 CFR 260.31(B) FOR SPENT CATALYSTSMemo
 Description: Wastes subject to a variance for secondary materials that are reclaimed and reused within original production process in which generated are not subject to RCRA even if they are burned or incinerated. Provides the criteria or conditions that an applicant must meet to be eligible for a variance. The Agency can weigh criteria differently and add factors (SEE ALSO: Section 261.4(a)(8)).
 
11/09/1994DETERMINATION REGARDING THE REGULATORY STATUS OF A WASTE RECLAMATION SYSTEMMemo
 Description: Secondary materials used as ingredients to produce products are excluded from the definition of solid waste at the point of generation, provided they are not used in a manner constituting disposal, used to produce a fuel, or accumulated speculatively. Whether a waste is reclaimed or used as an ingredient is case-specific. Waste-derived products that are used in a manner constituting disposal are subject to 266 Subpart C. Waste-derived products that are burned as fuels are subject to 266 Subpart H.
 
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.
 
11/04/1994MINIMUM HEAT CONTENT REQUIREMENTS OF WASTE-DERIVED FUEL BLENDED FOR ENERGY RECOVERY IN BIFSMemo
 Description: Blending of hazardous waste to increase the heating value for use as a fuel is not prohibited. Hazardous waste with a heating value of less than 5000 Btu/lb is burned for destruction, not for energy recovery. The resulting cement or aggregate is a waste-derived product subject to hazardous waste regulation unless the facility documents a legitimate energy contribution of the low Btu fuel (SEE ALSO: RPC# 5/20/94-01).
 
11/03/1994CLARIFICATION OF DISCARDED AMMUNITION OF 0.50 CALIBERMemo
 Description: Small arms ball ammunition up to and including .50 caliber are not reactive (D003) but may be hazardous for another characteristic. Popping furnaces are incinerators. Popping furnaces treating small arms ball ammunition that exhibit a characteristic are subject to RCRA as incinerators.
 
10/24/1994DETERMINATION OF EQUIVALENT TREATMENT (DET) FOR 8 OF THE WASTE CODES FROM A TOLUENE DIISOCYANATE (TDI) TREATABILITY GROUPMemo
 Description: The catalytic extraction processing and compliance with universal treatment standards (UTS) for metals is equivalent to best demonstrated available technology (BDAT) of incineration or combustion for toluene diisocyanate waste (K027, K112, K114, K115, K116, U221, U223). K111 has a land disposal restrictions (LDR) concentration based standard, not technology, and thus is not eligible for an equivalent treatment variance.
 
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.
 
10/05/1994INTERPRETATION REGARDING THE REGULATORY STATUS OF SILVER RECOVERY UNITS UNDER RCRA REGULATIONSMemo
 Description: If a silver recovery unit that is used to treat wastewater qualifies as a characteristic sludge, it is not a solid waste when destined for reclamation. Materials generated from wastewater treatment are sludges, even if the treatment is not undertaken to meet any discharge requirements. Metals suitable for direct reuse, or that only need minor refining to be usable, are products (e.g., silver flake that is 98% pure refined to 99.99% pure).
 
10/04/1994REGULATORY REQUIREMENTS APPLICABLE TO TWO WASTE STREAMS THAT WOULD BE BILAYERED THROUGH PHASE SEPARATION AT A LICENSED TSDFMemo
 Description: An aqueous phase separated from bilayered ignitable (D001) high total organic carbon (TOC) waste is a different waste and need not be combusted. The aqueous phase may be sent to wastewater treatment. Discusses phase separation and change in treatability group.
 
10/01/1994REGULATORY STATUS OF METALS RECOVERY UNDER RCRAQuestion & Answer
 Description: Lead and nickel-chromium furnaces, and metal recovery furnaces that burn certain baghouse bags are metal recovery units engaged in precious metals recovery and are conditionally exempt from BIF rules. Prior management of precious metals is subject to Part 266, Subpart F. Owners of BIFs that burn hazardous wastes solely for metal recovery are exempt from most BIF regulation. There are three criteria to determine if hazardous waste is processed solely for metal recovery.
 
10/01/1994STATUS OF MUNICIPAL WASTE COMBUSTION (MWC) ASHQuestion & Answer
 Description: Municipal waste combustion (MWC) ash is subject to regulation if it exhibits a characteristic. Discusses the history of municipal waste combustion regulation. Ash from waste-to-energy facilities is a newly-identified waste for purposes of the land disposal restrictions (LDR). (SEE ALSO: 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95; RPC# 3/22/95-01)
 
09/28/1994APPLICABILITY OF USED OIL MANAGEMENT STANDARDS TO ACTIVITIES INVOLVING SEPARATION OF USED OIL FROM SORBENT MATERIALSMemo
 Description: Generators who separate used oil from sorbent materials are not processors provided the used oil is not sent directly off-site to a used oil burner. On-site burning of used oil from incidental processing activities is allowed.
 
09/28/1994CLARIFICATION ON: MANIFEST DOCUMENT NUMBER; F003, F005, D001; WASTE DESTINED FOR RECYCLING; AND TREATMENT STANDARDS FOR CFCMemo
 Description: F003 and F005 waste exhibiting ignitability must carry a notification for and meet the D001 treatment standard (TS), since F003/F005 does not operate in lieu of D001 (SEE ALSO: 55 FR 22520, 22530; 6/1/90) (USE WITH CAUTION: see RPC# 3/1/94-02). The TS for chlorinated fluorocarbons (CFC) is discussed. A CFC waste may be subject to the California list prohibition for halogenated organic compounds (HOC) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97) (SEE ALSO: RPC# 5/16/91-01). Materials that are not a solid waste (SW) when recycled are exempt even if shipped to a recycler via a TSDF. Scrap metal is both a SW and is hazardous, but is exempt if recycled. The legitimacy of recycling must be documented. Use of manifest continuation sheets is outlined.
 
09/19/1994CLARIFICATION ABOUT THE SCOPE OF EPA'S ADMINISTRATIVE STAY FOR A PORTION OF THE K069 HAZARDOUS WASTE LISTINGMemo
 Description: The K069 listing does not apply to secondary acid scrubber wastes, including calcium sulfate sludge from secondary lead smelting, during the administrative stay. The stay remains in effect until 30 days after the future rulemaking clarifying the scope of the K069 listing.
 
09/19/1994REGULATORY DETERMINATION OF THE PRIMER NEUTRALIZATION UNIT ""POPPING FURNACE""Memo
 Description: Burning hazardous waste in an incinerator is not exempt recycling, but rather is incineration regulated under Parts 264 or 265, even if some energy or material recovery occurs. Demilitarization and munitions popping furnaces are regulated as incinerators. Controlled flame combustion units burning hazardous waste are boilers, industrial furnaces, or incinerators.
 
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.
 
09/15/1994Technical Report: Treatment of Cyanide Heap Leaches and TailingsPublication
 Description: Provides information on cyanide treatment methods for heap leaches and tailings activities associated with cyandation operations. Discusses cyanide detoxification or treatment in terms of chemistry, duration, removal efficiencies, and advantages and limitations. Describes treatment techniques and typical closure and reclamation activities for heaps and tailings impoundments. Includes federal and state requirements that apply to cyanide operations and selected case studies. Presents treatment options without evaluating their efficiency.
 
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.
 
08/22/1994REGULATORY STATUS OF FOAM MATERIALS FROM THE USE OF CFCS, HCFCS, AND HFCS AS BLOWING AGENTSMemo
 Description: The attachment is an information sheet on CFC, HCFC, HFC blowing agents, solvents, and refrigerants. Foam products containing CFCs used as physical blowing agents are not listed hazardous wastes (SEE ALSO: RPC# 2/26/90-01). Spent trichlorofluoromethane and 1,1,2-trichloro-1,2,2-trifluoroethane used as solvents or reaction media are listed hazardous wastes. CFCs and HCFCs used in degreasing are F001. F001 listing description does not include HFCs. Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment are excluded under 261.4(b)(12), provided the refrigerant is reclaimed for further use. This guidance provides the definition of treatment.
 
08/19/1994REGULATORY DETERMINATION ON THE STATUS OF A LEAD/COPPER METAL PRODUCED BY METALS RECYCLING TECHNOLOGIES (MRT)Memo
 Description: Hazardous secondary materials sent for thermal treatment at smelters remain hazardous waste until reclamation is complete. Materials that have been reclaimed are not wastes. Metal-bearing material that is 92-99% pure and only needs refining prior to use is considered fully reclaimed. A person who claims that a secondary material is not a solid waste is subject to the 261.2(f) documentation requirement.
 
08/18/1994REGULATORY STATUS OF MUNICIPAL WASTE COMBUSTOR ASH FROM COMBUSTOR THAT BURNS ONLY HOUSEHOLD HAZARDOUS WASTE AND DOES NOT RECOVER ENERGYMemo
 Description: Ash from municipal waste combustors that do not recover energy and that burn only household waste is exempt household hazardous waste (HHW). Ash from resource recovery facilities that burn commercial waste is not exempt. Ash from combustors that burn other wastes in addition to HHW is not exempt (SUPERSEDED: see 60 FR 6666; 2/3/95).
 
08/17/1994ALTERNATIVE METALS ANALYSIS FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: There is no regulatory requirement to analyze metal emissions from incinerators, which is in contrast to the boiler and industrial furnace (BIF) standards. Inductively coupled plasma/mass spectroscopy (ICP/MS) may be an alternative to inductively coupled plasma/optical emission spectroscopy (ICP/OES) for incinerators (SEE ALSO: 61 FR 17358; April 19, 1996).
 
08/15/1994Environmental Fact Sheet: EPA Simplifies Land Disposal Restrictions by Establishing a Set of Universal Treatment Standards, and Finalizes Treatment Standards for 42 Newly Listed and Identified WastesPublication
 Description: This fact sheet discusses the promulgation of a set of universal treatment standards for more than 200 constituents in an effort to simplify the land disposal restrictions (LDR) program. The rule also finalizes LDR treatment standards for 42 newly listed or identified wastes, including coke by-product wastes, chlorotoluene wastes, and organic toxicity characteristic (TC) wastes, and promulgates regulations requiring TC pesticide and highly concentrated ignitable wastes be treated and not merely diluted prior to injection in Class I nonhazardous deep injection wells. The fact sheet includes a table of regulated hazardous organic constituents, wastewater concentration total composition (mg/L), and nonwastewater concentration total composition (mg/L).
 
07/29/1994CLARIFICATION REGARDING SINGLE EMISSION POINT, MULTI-DEVICE COMBUSTION FACILITIESMemo
 Description: Provides clarification of operating and permit conditions for connected combustion units, like incinerators and BIFs, with a single emission point. When regulations conflict, preference is given to the more stringent or more technically appropriate standards. The RCRA Section 3005(c)(3) omnibus provisions may be appropriate. Units receive permits, or interim status, individually. Discusses the definition of a boiler. The industrial furnace definition applies to combustion units on a device-by-device basis (precalciner exception). Plasma arc and infrared units are incinerators when they have afterburners and miscellaneous units when they do not. A hazardous-waste fired afterburner is an incinerator.
 
07/26/1994DETERMINATION ON THE LEGALITY AND APPROPRIATENESS OF USING INCINERATION FOR TWO P078 WASTE STREAMSMemo
 Description: The land disposal restrictions (LDR) treatment standard for P078 is ADGAS. Liquid P078 absorbed onto debris or into a rinsate liquid meets the standard. An equivalent method variance is not necessary in such cases. Residues from incineration are subject to the treatment standards.
 
07/22/1994REGULATION OF SURFACE IMPOUNDMENTS UNDER THE SEPTEMBER 10, 1992 RECYCLED USED OIL MANAGEMENT STANDARDSMemo
 Description: The de minimis used oil exemption does not apply to used oil intentionally introduced into a wastewater treatment system. Surface impoundments managing used oil must operate under RCRA Subtitle C permits or interim status.
 
07/21/1994CLARIFICATION: IS A FACILITY THAT HAS A ""PRIMARY PURPOSE"" OF BURNING HAZARDOUS WASTE FOR DESTRUCTION SUBJECT TO RCRA REGULATIONS?Memo
 Description: Solid waste includes materials that are abandoned by being burned or incinerated. Discusses the history of the incinerator and BIF rules. The BIF rules apply even to BIFs burning hazardous waste (HW) for destruction. A facility with the “primary purpose” of burning HW for destruction is an incinerator. A test to determine whether a device is a BIF is in definition at Section 260.10. The revenue of a facility for treatment versus recycling is not sole factor in identifying the unit, but is factor in determining whether the activity is destruction, or legitimate or sham recycling. Delisting is not a prerequisite to use the Section 266.20 use in manner constituting disposal exemption. Section 266.20 only applies to to legitimate products derived from hazardous waste, not to hazardous waste residues that are merely claimed to be products. HSWA requires that facilities should conduct proper hazardous waste management in order to protect the environment and to achieve the ultimate goals of waste minimization and the reduction of land disposal.
 
07/21/1994REGULATORY INTERPRETATION FOR ION EXCHANGE RESIN USED FOR WATER REUSE ON ELECTROPLATING WASTEWATERSMemo
 Description: The sludge definition is tied to the type of unit in which a waste is generated, not the disposition of the treated effluent or the intent of processing. Ion exchange resin used to filter electroplating wastewater is F006 regardless of whether it exhibits a hazardous characteristic. The act of filtering contaminants from wastewater is pollution control and generates a sludge, even if the intent is to reclaim the wastewater for reuse in a production process.
 
07/20/1994EXCLUSION FROM RCRA REGULATION FOR SECONDARY MATERIALS USED OR REUSED DIRECTLY AS INGREDIENTS IN AN INDUSTRIAL PROCESSMemo
 Description: The heating value of a secondary material inserted in a sulfuric acid regeneration furnace determines if the activity is excluded use or reuse, or burning for energy recovery subject to Part 266, Subpart H. Generally, waste with a heating value at or above 5000 Btu/lb is considered burned as fuel. Hazardous waste burned in a BIF for metals recovery is exempt under 266.100(c) only if the device burns the waste exclusively for metals recovery and not partially for destruction or energy recovery. A secondary material with high sulfur content burned in a sulfuric acid regeneration furnace is not eligible for the 261.4(a)(7) exclusion because the secondary material in question is not spent sulfuric acid.
 
07/18/1994WASTE MINIMIZATION REQUIREMENTS OF SECTION 3002(B) OF RCRA FOR HAZARDOUS WASTE DISPOSAL FACILITIESMemo
 Description: The 3005(h) waste minimization and certification requirements apply to an owner of a landfill that generates and has a RCRA Subtitle C treatment permit for F039 leachate. If the owner is a large quantity generator (LQG) and sends the waste off-site, the owner is also subject to the 3002(b) waste minimization requirements. There is no statutory exemption from waste minimization certification for facilities generating remedial waste.
 
07/15/1994APPLICABILITY OF HAZARDOUS WASTE CODES TO A CHEMICAL POLISHING SYSTEMMemo
 Description: Discarded chemical polishing bath solution containing the oxidizer hydrogen peroxide may be ignitable (D001) because it is capable of severely exacerbating a fire by yielding oxygen to stimulate combustion. Acid baths may be corrosive (D002) due to sulfuric acid content. The chemical polishing process does not generate a listed waste if no electroplating or cyanides are used (SUPERSEDED: Memorandum, Dellinger to Waterman; May 18, 2007 (RO 14808)). Discarded baths from this process are hazardous wastes only if characteristic. Wastes that exhibit a characteristic at the point of generation may be subject to the Part 268 requirements even if they do not exhibit a characteristic at the point of disposal (261.3(d)(1)).
 
07/14/1994TREATMENT STANDARD FOR K106 (LOW MERCURY SUBCATEGORY) NON-WASTEWATER RESIDUES FROM RETORTING/ROASTING (RMERC) UNITSMemo
 Description: K106 low mercury subcategory residues from retorting/roasting units will need further treatment if the residues exceed the mercury TCLP level.
 
07/11/1994APPLICABILITY OF RCRA USED OIL REGULATIONS TO USED OIL CONTAINED IN DISCARDED HOUSEHOLD APPLIANCESMemo
 Description: Discarded household appliances containing used oil are regulated under Part 279 if the oil is recycled, and as hazardous waste if the oil is characteristic and disposed. Chlorinated fluorocarbon (CFC)-contaminated used oil is exempt from the rebuttable presumption at the point of draining provided the CFCs will be reclaimed. Removal of CFCs is not treatment. Appliances from which used oil has been removed such that no visible signs of free-flowing oil remain in or on the material are not subject to Part 279.
 
07/11/1994CLARIFICATION OF HOW RCRA REGULATIONS APPLY TO OFF-SPECIFICATION FUELS THAT ARE BEING BURNED FOR ENERGY RECOVERYMemo
 Description: Characteristic off-specification fuels (e.g., gasoline, kerosene, jet fuel, and diesel) are CCPs and are not solid waste when burned for energy recovery because they are fuels. Section 261.2(c)(2)(ii) applies to both listed and characteristic CCPs. Cleanup levels for spills of gasoline and other fuels are site-specific.
 
07/11/1994CLARIFICATION ON HOW REUSE OF ""WASTE RESINS"" AS FEED STOCK TO MANUFACTURE NEW PRODUCTS ARE REGULATED UNDER RCRAMemo
 Description: Outdated resins qualifying as off-specification CCPs are not solid wastes when recycled, unless they are burned for energy recovery or used in a manner constituting disposal and that was not their originally intended purpose. Secondary materials that are reclaimed or directly reused as feedstocks in industrial processes to make a product, or used as effective substitutes for products, are not solid wastes.
 
07/05/1994GUIDANCE ON TRIAL BURN FAILURESMemo
 Description: Discusses EPA’s guidance on incinerator and BIF trial burns including: what is a successful trial burn, how to handle invalid trial burn data, what is an unsuccessful trial burn. Discuses requests for a trial burn retest, and restriction of operations after unsuccessful trial burn.
 
07/01/1994WASTE MINIMIZATION AND RECYCLING ACTIVITIES THAT RESEMBLE CONVENTIONAL WASTE MANAGEMENT PRACTICESQuestion & Answer
 Description: Burning for energy recovery and use in a manner constituting disposal do not qualify as waste minimization. Source reduction involves decreasing the amount of hazardous substance entering the waste stream. Recycling involves use, reuse, or reclamation.
 
06/23/1994ON-SITE TREATMENT OF MANHOLE SEDIMENT WHICH MAY EXCEED THE TOXICITY CHARACTERISTIC FOR LEADMemo
 Description: A material must exceed a 60 mm particle size to meet the debris definition. Debris stabilization with lime, fly ash, or portland cement is considered microencapsulation or immobilization and must be disposed of in hazardous waste landfill if characteristic, or may be disposed of in nonhazardous landfill if not characteristic. Nonhazardous disposal is subject to Section 268.9 for land disposal restrictions (LDR) notification, but not the hazardous waste manifest.
 
06/10/1994INTERPRETATION OF THE MIXTURE RULE EXEMPTION AS IT RELATES TO SCRUBBER WATER FROM THE INCINERATION OF CERTAIN SOLVENTSMemo
 Description: The 261.3(a)(2)(iv)(A) and (B) mixture rule exemptions for de minimis quantities of solvents apply only to solvents incidentally discharged to wastewaters, not to solvents in "principle wastestreams" routed to wastewaters. Scrubber water derived from listed solvent incineration is not eligible for the mixture rule exemption.
 
06/10/1994REGULATORY STATUS OF NON-LISTED SLUDGE THAT IS BEING RECYCLEDMemo
 Description: Residues contained in recovery units used to treat wastewater are sludges. Recovery units are classified as sludges if they are used for pollution control. Characteristic sludges sent for reclamation are not solid wastes. The letter from Straus to Dufficy (RPC# 1/6/87-01) reflects current policy. EPA does not differentiate between the regulatory status of steel wool cartridges and copper coated steel mesh type canisters.
 
06/09/1994APPLICABILITY OF RCRA TO VARIOUS PRODUCTS (E.G., CLINKER, FERTILIZER) PRODUCED BY A CEMENT KILN EQUIPPED WITH A RECOVERY SCRUBBERMemo
 Description: Product clinker and fertilizer that are produced using previously landfilled Bevill exempt cement kiln dust are not subject to Subtitle C as long as the products are commercial grade, do not contain hazardous constituents in excess of those found in comparable products, and have met applicable land disposal restrictions (LDR) treatment standards (SEE ALSO: RPC# 5/17/94-01; 60 FR 6666; 2/7/95).
 
06/07/1994SHAM RECYCLING POLICY AS IT PERTAINS TO THE BOILER AND INDUSTRIAL FURNACE RULEMemo
 Description: The BIF rule supersedes the sham recycling policy of a minimum 5000 Btu/lb heating value for waste (56 FR 7183; February 2, 1991). A product is waste-derived if a furnace burns hazardous waste fuels with a heating values less than 5000 Btu/lb, unless the facility demonstrates legitimate energy recovery, or unless the is waste is excluded via the use in a manner constituting disposal standards in Section 266.20(b). The minimum fuel value is determined on an as-generated, not as-fired basis. Blending to augment the as-generated heating value cannot be used to pass threshold. The heating value can be increased through legitimate treatment.
 
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.
 
06/02/1994APPLICABILITY OF RCRA REGULATIONS TO A HYDRO-MIST UNIT USED IN THE TREATMENT OF WASTEWATER AT DRY-CLEANING FACILITIESMemo
 Description: A treatment unit that evaporates dry cleaning wastewater by atomizing or misting the liquid into ambient air could qualify as a wastewater treatment unit (WWTU) (SEE ALSO: RPC# 6/2/93-01). OSW does not certify, endorse, or approve specific technologies.
 
06/01/1994BIENNIAL REPORTING FOR WASTES TREATED IN EXEMPT UNITSQuestion & Answer
 Description: A facilities that are is required to submit a Biennial Report should include wastes treated in exempt units, such as wastewater treatment units (WWTUs), even if the waste is not subject to substantive regulation (NOTE: See the current years Biennial Report Forms for current requirements).
 
05/27/1994IMPLEMENTATION STRATEGY OF U.S. SUPREME COURT DECISION CITY OF CHICAGO V. EDF FOR MUNICIPAL WASTE COMBUSTOR ASHMemo
 Description: The implementation strategy following the Supreme Court Decision states Section 3001(i) does not exempt ash from resource recovery facilities burning household and nonhazardous commercial wastes. Waste-to-energy facilities must set up programs to determine if ash is hazardous and must manage hazardous ash in an environmentally responsible manner. Discusses factors to consider in an enforcement response (SUPERSEDED: see RPC# 3/22/95-01).
 
05/26/1994CLASSIFICATION OF A MERCURY RECOVERY UNITMemo
 Description: One condition of the exclusion from the BIF rules for furnaces engaged solely in metal recovery is that the heating value of the waste cannot exceed 5000 Btu/lb, otherwise the waste is being burned for energy recovery. The requirement is inconsistent with the land disposal restrictions (LDR) mercury recovery treatment standards (SEE ALSO: RPC# 12/17/93-01).
 
05/23/1994ENHANCED PUBLIC PARTICIPATION AND STRONGER COMBUSTION PERMITTING REQUIREMENTSMemo
 Description: Announces RCRA Expanded Public Participation and Revisions to Combustion Permitting proposed rule, including a list of its principal goals. EPA encourages Regions and states to begin implementing applicable provisions. Permit applicants are also encouraged to meet relevant provisions where feasible.
 
05/23/1994RCRA Policy Statement: Clarification of the Land Disposal Restrictions' Dilution Prohibition and the Combustion of Inorganic Metal-Bearing Hazardous WastePublication
 Description: Clarifies the application of the land disposal restrictions (LDR) prohibition on dilution to combustion of certain inorganic metal-bearing hazardous wastes. Provides regulatory background. Discusses the general distinction between adequate treatment and potential violations of the dilution prohibition. Includes a table listing the wastes affected by this policy.
 
05/23/1994RCRA POLICY STATEMENT: LAND DISPOSAL RESTRICTIONS' DILUTION PROHIBITION AND COMBUSTION OF INORGANIC METAL-BEARING HAZARDOUS WASTESMemo
 Description: The combustion of metal-bearing waste without a significant organic or cyanide content is impermissible dilution. Combustion is not legitimate even if subsequent treatment of the residues achieves the treatment standard. The land disposal restrictions (LDR) dilution prohibition applies to inorganics.
 
05/20/1994MINIMUM HEAT CONTENT REQUIREMENTS FOR HAZARDOUS WASTES BURNED IN BIFSMemo
 Description: Blending hazardous waste (HW) to increase the heating value is not prohibited, but if a BIF burns the HW with a heating value below 5000 Btu/lb and does not document that it was burned for legitimate energy recovery, and the product derived from the burning is placed on land is use in manner constituting disposal, and would be a HW. Such a HW-derived product could be exempted from compliance with the land disposal restrictions (LDR) and notification requirements. Discusses fuel value based on as-generated, not as-fired basis. Blending cannot be used to meet fuel value test. As-generated fuel value can be increased by legitimate treatment (e.g., decanting).
 
05/17/1994REGULATORY STATUS OF PRODUCTS (INCLUDING CLINKER AND FERTILIZER) PRODUCED IN CEMENT KILNS EQUIPPED WITH A RECOVERY SCRUBBERMemo
 Description: Since cement kiln dust (CKD) is not a hazardous waste, products (e.g., clinker and fertilizer) partially derived from processing CKD are not subject to regulation. Cement kilns that burn or process hazardous waste must meet the requirements in 266.112 for their CKD to be exempt (SEE ALSO: 60 FR 6666; 2/7/95; RPC# 6/9/94-02).
 
05/12/1994CLARIFICATION OF THE REGULATORY STATUS OF A REFINERY DITCH SYSTEMMemo
 Description: An unlined trough, trench, ditch is not ancillary equipment to a tank or sump because they are not constructed of leak proof material or do not have structural support or strength. Discusses the distinction between tank and surface impoundment. Can retrofit ditches to meet the criteria and quality as a wastewater treatment unit (WWTU).
 
05/09/1994EPA’S DRAFT WASTE MINIMIZATION AND COMBUSTION STRATEGY AND IT’S IMPLICATIONS FOR SUPERFUNDMemo
 Description: The Combustion Strategy impact on hazardous waste incineration at CERCLA cleanups is discussed. Hazardous waste combustion remains an appropriate remedy at many sites. The Combustion Strategy is not an ARAR since it is not legally enforceable, but it is regarded as a TBC ("To Be Considered") at CERCLA sites.
 
05/09/1994REGULATORY REQUIREMENTS FOR ON-SITE TREATMENT OF OXYGEN BREATHING APPARATUS (OBA) CANISTERSMemo
 Description: Oxygen breathing apparatus (OBA) used by firefighters could qualify as exempt scrap metal when recycled. There is no need to determine if recycled scrap metal is a hazardous waste (HW). Emptying a steel OBA canister could be an exempt scrap steel recycling process if the canisters are to be recycled (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal). Emptying canisters to render them nonhazardous prior to disposal may be regulated treatment. HW canisters may be accumulated on-site without a permit under 262.34. Tanks meeting the wastewater treatment unit definition are exempt from permitting requirements.
 
05/05/1994REVISED DRAFT OF RISK ASSESSMENT IMPLEMENTATION GUIDANCE FOR HAZARDOUS WASTE COMBUSTION FACILITIESMemo
 Description: The latest revisions (pursuant to the Combustion Strategy) to the implementation guidance for conducting risk assessments at RCRA hazardous waste combustion facilities are discussed.
 
05/01/1994ENERGY RECOVERY ON-SITE CONSTITUTES REUSE FOR THE GENERATOR PROCESSING EXEMPTIONQuestion & Answer
 Description: Used oil (UO) generators who burn off-specification UO on-site may filter, clean, or otherwise recondition the UO without meeting the processor requirements.
 
04/15/1994REGULATORY STATUS OF NATURAL GAS PIPELINE CONDENSATEMemo
 Description: Although ignitable off-specification fuels, such as natural gas condensate, are usually not solid wastes when burned for energy recovery, sale or use of low energy value condensate as motor fuel or a fuel additive may constitute sham burning for energy recovery. The use of unadulterated natural gas pipeline condensate with a high Btu/lb value can constitute legitimate burning for energy recovery. Factors besides the energy value apply to a sham recycling determination.
 
04/15/1994Waste 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.
 
04/08/1994REGULATORY STATUS OF WOOD STICKERS USED FOR WOOD PRESERVING OPERATIONSMemo
 Description: Although the F032, F034, and F035 listings do not generally apply to treated wood products that are discarded, wood "stickers" (pieces of wood used during wood preserving to separate bundles of lumber) that come into contact with wood preservative are listed hazardous waste when discarded.
 
04/06/1994CLARIFICATION OF ""ACTIVE MANAGEMENT"" IN CLOSING WASTE MANAGEMENT FACILITIES (SURFACE IMPOUNDMENTS)Memo
 Description: Remediation involving hazardous waste treatment triggers permitting. Whether in-situ stabilization is treatment is a site-specific determination. The regulatory status of the movement of wastes within an area of contamination (AOC) is discussed. A unit (e.g., surface impoundment) inactive prior to the effective date of applicable RCRA rules is not subject to Subtitle C unless the waste is actively managed. A one-time removal of waste is not active management. Waste removed from a unit is subject to all relevant regulations. Inactive units may be solid waste management units (SWMUs) subject to 3004(u), 3008(h), and/ or 7003 corrective action authorities.
 
04/04/1994RESPONSE TO THE PETITION FOR ADMINISTRATIVE ACTION TO CEASE HAZARDOUS WASTE BURNING AND NOTICE OF CITIZEN SUITSMemo
 Description: Interim status is a statutory right when a facility meets all applicable standards. EPA cannot order BIFs that properly qualified for interim status to stop operating. To qualify for interim status, a facility must be in existence on the effective date of the applicable rule.
 
03/23/1994INTERPRETATION OF THE BEVILL EXEMPT STATUS OF WASTES AT THE MAGCORP FACILITYMemo
 Description: The scope of Bevill exemption for mining and mineral processing wastes does not include combined wastestream of all wastewaters from a facility. Used lubricating oils, used antifreeze, wastes from lab drains, and vehicle maintenance are not uniquely associated with mineral extraction, beneficiation, or processing (SEE ALSO: 63 FR 28556; May 26, 1998). Wastes generated after mineral processing begins do not qualify for the Bevill exemption for mining and mineral processing wastes unless listed in Sections 261.4(b)(7)(i)-(xx). A mixture of non-exempt wastes with exempt wastewaters may jeopardize the mineral processing exemption. Mixing hazardous waste with Bevill-exempt waste may require a treatment permit (SEE ALSO: 63 FR 28556; May 26, 1998).
 
03/22/1994CLARIFICATION OF RECYCLED USED OIL MANAGEMENT STANDARDS AS THEY APPLY TO WASTEWATER TREATMENT ACTIVITIESMemo
 Description: Wastewater that contains used oil meets the definition of used oil and is subject to Part 279. Used oil-containing residues and sludges from wastewater treatment units (WWTUs) are subject to Part 279. On-site separation of used oil and water to meet CWA requirements does not constitute used oil processing, provided that the recovered used oil is not sent to an off-site used oil burner.
 
03/16/1994EXPEDITED ADMINISTRATIVE REVIEW OF APPEALS OF RCRA PERMIT DENIALS FILED BY INTERIM STATUS COMBUSTION FACILITIESMemo
 Description: Interim status facilities may operate after the denial of a permit while appealing to the Environmental Appeals Board (EAB). Pursuant to the Combustion Strategy, the EPA Administrator has directed the EAB to take final action within 90 days on appeals of interim status combustion facility permit denials.
 
03/01/1994CLARIFICATION OF LAND DISPOSAL RESTRICTIONS (LDR) REQUIREMENTSMemo
 Description: If a waste is ignitable (D001, high total organic carbon (TOC)) and exhibits the toxicity characteristic for lead (D008), then blending and combustion as a hazardous waste fuel is not impermissible dilution, since the treatment standard for high TOC D001 requires burning. Fuel substitution alone is not sufficient. Ash from burning such metal-bearing wastes must meet the treatment standards for metals. A waste must meet treatment standards for all applicable waste codes before land disposal (SEE ALSO: 268.9(b)). The F001-F005 treatment standards apply only to the constituents used for solvent properties and which triggered the listing. Solvent constituents picked up through use are not subject to the F001-F005 treatment standards. The F005 treatment standard addresses the characteristic of ignitability and so operates in lieu of D001 treatment standard (USE WITH CAUTION: see RPC# 9/28/94 -04). The alternative debris treatment standards may be used even if the debris is contaminated with a waste code whose treatment standard is a specified technology.
 
02/23/1994CLARIFICATION ON THE DISTINCTION BETWEEN THERMAL DESORBERS AND INCINERATORSMemo
 Description: The use of controlled flame combustion determines whether a thermal desorption unit is an incinerator or a miscellaneous unit. Miscellaneous units generally are required to comply with the Subpart O incinerator standards plus other appropriate controls.
 
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.
 
02/08/1994CLARIFICATION OF USED OIL REGULATIONS PERTAINING TO USED OIL BEING RECYCLED AND USED OIL BEING BURNED IN AN INDUSTRIAL BOILERMemo
 Description: Characteristic used oil is subject to Part 279 if it is recycled, and is subject to RCRA Subtitle C when it is sent off-site for disposal if it cannot be recycled. There is no need to test for specification if used oil is burned in 279.61 units. A marketer includes anyone selling used oil to a customer burning it for energy recovery.
 
02/01/1994REGULATORY STATUS OF SHELL OIL'S NORCO, LOUISIANA FACILITY DITCH SYSTEMMemo
 Description: A trough, trench, or ditch connected to a tank or sump is ancillary equipment. Unlined conveyance systems allowing leakage or a discharge is not ancillary equipment, and may be considered disposal, and may be considered a surface impoundment, miscellaneous, or solid waste management unit (SWMU) subject to corrective action. An unlined trough, trench, ditch that is retrofitted may meet the definition of ancillary equipment to tank and qualify for the wastewater treatment unit (WWTU) exemption.
 
01/28/1994REGULATORY STATUS OF TREATMENT ASSOCIATED WITH FUEL-BLENDING ACTIVITIESMemo
 Description: The definition of treatment has been upheld in court. Adding materials (e.g., sodium hydroxide) to a waste during fuel blending meets the definition of treatment. Physical manipulation, commingling or consolidation of wastes, distillation to remove contaminants, and processing to remove components (e.g., to accomplish phase separation) could all meet the definition of treatment. The waste treatment codes T50 (blending), T54 (distillation), and T63 (solvent recovery) identified in Part 264 Appendix I are used to identify handling techniques, not to identify all the activities requiring a permit or constituting treatment.
 
01/26/1994RESPONSE TO PROPOSED PROCEDURE TO DECOMMISSION ALUMINUM CHAFF ROVING BUNDLESMemo
 Description: Aluminum chaff roving bundles could exhibit the reactivity characteristic (D003) for their propensity to release flammable hydrogen gas when they are exposed to moisture. The Part 268 land disposal restrictions (LDR) treatment standard for these wastes is deactivation, which is best achieved by washing them with an acidic solution (SUPERSEDED: treatment standard is deactivation and meet 268.48 standards, see 268.40). Compliance is evaluated based on the removal of the characteristic, not based on following a specified method of deactivation.
 
01/12/1994REGULATORY STATUS OF AND PROPER DISPOSAL METHODS FOR HYDRAULIC FLUID FILTERS USED IN AIRCRAFTSMemo
 Description: Hydraulic fluid filters are not included in the non-terne plated used oil filter exemption. Hydraulic fluid is regulated as used oil. Hydraulic fluid filters that no longer contain used oil are still regulated as used oil when they are burned for energy recovery. Hydraulic fluid filters from which oil has been removed may be hazardous waste when they are disposed.
 
01/05/1994THE EFFECT OF AN UPCOMING RULE ON NONHAZARDOUS UNDERGROUND INJECTION CONTROL WELLS AND ELEMENTARY NEUTRALIZATION UNITSMemo
 Description: Provides a summary of Phase III and characteristic wastes managed in CWA systems and underground injection control (UIC) wells. A nonhazardous UIC well is a land disposal unit. Waste disposed of in a well must meet land disposal restrictions (LDR) treatment standards or the unit will need a no-migration variance. LDR Phase III will not eliminate elementary neutralization units (ENU) but will require that wastes decharacterized in ENUs meet standards for underlying hazardous constituents (SUPERSEDED: see 61 FR 15660; April 8, 1996).
 
01/04/1994CLARIFICATION ON THE APPLICABILITY OF THE DEBRIS STANDARDS TO P078 WASTESMemo
 Description: Hazardous debris that is contaminated with wastes that is subject to waste-specific treatment standards may utilize the alternate debris standards. Contaminants subject to treatment for debris are constituents or wastes for which the best demonstrated available technology (BDAT) standards are established are in Sections 268.41, 268.42, and 268.43.
 
12/27/1993REGULATORY DETERMINATION ON THE STATUS OF PRECIOUS METAL RECOVERY FURNACESMemo
 Description: Addesses the criteria for legitimate precious metal recovery. Furnaces legitimately recovering precious metals fall within the Part 266, Subpart F exemption, and are not subject to the Subpart O incinerator regulations and most BIF rules, except for one-time notification and certification, sampling, and analysis. A precious metal recycler must be able to demonstrate that he is engaged in legitimate recycling.
 
12/17/1993CLASSIFICATION OF OLIN MERCURY RECOVERY UNIT AS AN INDUSTRIAL FURNACEMemo
 Description: A mercury recovery unit is a type of smelting, melting, or refining furnace and is therefore an industrial furnace (BIF). Discusses the elements of classification of a BIF. If the unit is used solely for metal recovery, then it is conditionally exempt from BIF rules. The exemption is conditioned on notification, sampling and analysis, and recordkeeping. Provides a mercury retorter definition.
 
12/13/1993RESPONSE TO REQUEST FOR PERMIT MODIFICATION TO ACCEPT NEWLY-LISTED WASTESMemo
 Description: EPA did not identify in Part 261, Appendix VII, all hazardous constituents that are expected to be present in listed wastes. Explains the criteria that is used to determine which constituents should be included in Appendix VII. The treatment standards for nonwastewater forms of newly listed coke by-product wastes are based on incineration.
 
12/06/1993DEFINITION OF INDUSTRIAL FURNACE AS IT APPLIES TO SMELTING, MELTING, AND REFINING FURNACES HANDLING SECONDARY MATERIALSMemo
 Description: Smelting, melting, and refining furnaces processing waste solely for metals recovery is exempt from the BIF permitting and emission standards. Legitimacy of operation is a case-by-case determination (SEE ALSO: 56 FR 7143; February 21, 1991 and 53 FR 522; January 8, 1988).
 
12/02/1993ELIGIBILITY OF IN-SITU VITRIFICATION TECHNOLOGY TO RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMITTINGMemo
 Description: Because in-situ vitrification (i.e., treatment) is not placement, it does not constitute disposal, and is eligible for a Research and Development (RDD) permit. Placement triggers land disposal restrictions, and is disposal, not treatment.
 
11/29/1993REGULATORY INTERPRETATION OF A MOBILE MERCURY RETORTING PROCESS FOR MERCURY CONTAMINATED SOILS FROM NATURAL GAS PIPELINE METERSMemo
 Description: Mercury roasting and retorting are two methods of reclamation. Discussion of what roasting and retorting furnaces accomplish. Reclamation is a type of recycling. Recycling is generally not subject to regulation, unless recycling is taking place in a BIF. Roasting and retorting meet the definition of industrial furnace (BIF) since they are smelting, melting, or refining furnaces. Retorting solely for metal recovery is conditionally exempt from BIF rules (SEE ALSO: 64 FR 52827; September 30, 1999). Discussion of the elements of the exemption.
 
11/18/1993TREATMENT OF AN INHERENTLY HAZARDOUS DEBRIS THAT EXHIBITS THE TOXICITY CHARACTERISTIC FOR LEAD AND CADMIUMMemo
 Description: Debris can be treated using the alternative treatment standards or the waste specific land disposal restrictions (LDR) standards. Listed debris treated to the waste specific standard is still hazardous waste after treatment and must be disposed of in a Subtitle C unit. Characteristic debris, including inherently hazardous debris, may be disposed in a Subtitle D unit if no longer exhibits a characteristic.
 
11/17/1993REGULATORY STATUS AND MANAGEMENT OF LIQUIDS AND ABSORBENT MATERIALS CONTAINING LIQUIDSMemo
 Description: The liquids in landfills prohibition applies only to hazardous waste landfills. Sorbents that are used to clean up non-listed waste are hazardous only if they are characteristic. Liquids must be absorbed prior to placement in municipal solid waste landfills. Used oil is presumed to be recycled until it is sent for disposal. Sorbents containing used oil that will be burned for energy recovery are subject to Part 279. Sorbents that are defined as used oil that will not be burned for energy recovery are managed under Part 279 until they are disposed, even if they are characteristic.
 
11/10/1993APPLICABILITY OF RCRA TO HAZARDOUS WASTE FUELSMemo
 Description: Discusses the regulatory status of quench hexane used as a commercial gasoline blending additive, and the regulation of fuels containing recovered light hydrocarbons as products versus wastes (by-product versus co-product) (SEE ALSO: RPC# 11/4/93-01).
 
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.
 
11/04/1993REGULATORY STATUS OF HAZARDOUS WASTE FUELS CONTAINING RECOVERED LIGHT HYDROCARBONMemo
 Description: Light hydrocarbon wastestreams generated in the production of a primary product may be either by-products or co-products, depending on site-specific factors. By-products burned for energy recovery are solid wastes, while co-products are not. Discusses the factors that are relevant in determining whether a material is a product or a waste. Discusses clean fuels.
 
11/02/1993REGULATORY STATUS OF CEMENT PRODUCED USING HAZARDOUS WASTE FUELSMemo
 Description: EPA does not currently regulate cement produced with clinker from kilns burning hazardous waste fuels. Such cement is not derived-from hazardous waste based on the understanding that fuel residues do not end up in the cement product.
 
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).
 
11/01/1993RECYCLED USED OIL PROCESSING STANDARDS AS THEY APPLY TO ON-SITE RECYCLING OF USED OIL RECOVERED FROM A WASTEWATER TREATMENT SYSTEMMemo
 Description: Oil/water separation and recycling metal-working oil on-site are not processing if the recovered oil is not burned for energy recovery. Activities that are ancillary to the normal manufacturing process are not considered processing. USTs containing used oil are subject to Parts 279 and 280.
 
11/01/1993REGULATORY STATUS OF A DISSOLVED AIR FLOATATION FLOAT STORAGE TANK USED TO FEED MATERIAL INTO A PETROLEUM COKERMemo
 Description: A Dissolved Air Flotation (DAF) float that is inserted into a petroleum coker is a solid and hazardous waste (SEE ALSO: Section 261.4(a)(12)). A DAF float feed tank may be an exempt wastewater treatment unit (WWTU) provided it meets the criteria listed in Section 260.10.
 
10/29/1993APPLICABILITY OF RCRA TO THERMAL DESORPTION SLUDGE DRYERS, AND OTHER HYBRID INCINERATOR DEVICESMemo
 Description: Permit writers will consider the Subpart O standards when permitting hybrid incineration units (such as thermal desorption units) under Subpart X.
 
10/22/1993REGULATORY STATUS OF SEPARATOR WATER AND THE USE OF SEPARATOR WATER EVAPORATORS AT DRY-CLEANING FACILITIESMemo
 Description: EPA statement in the letter, Lowrance to Fisher (RPC# 6/2/93-01), that evaporation units at dry cleaners that do not discharge wastewaters pursuant to CWA are wastewater treatment units (WWTU) is specific to units that are used in dry cleaning. A unit receiving concentrated wastes is generally not a WWTU.
 
10/20/1993RESPONSE TO SPECIFIC QUESTIONS REGARDING HAZARDOUS WASTE IDENTIFICATION AND GENERATOR REGULATIONSMemo
 Description: The absence of free liquids precludes applicability of the ignitability characteristic (D001) as defined in 261.21(a)(1). The proposed rule change (58 FR 46052; 8/31/93) suggests using the pressure filtration step from TCLP (Method 1311) as a definitive demonstration for the absence of free liquids for D001 and D002.
 
10/15/1993CLARIFICATION ON DISPOSAL OF SORBED MATERIALS IN HAZARDOUS WASTE LANDFILLS AND ON POZZOLANIC STABILIZATION OF SORBED MATERIALSMemo
 Description: Wastes treated with biodegradable sorbents cannot be placed in a landfill until after appropriate treatment. Chemical reagents such as pozzolanic stabilization and thermoplastic or organic binders are non- biodegradable sorbents and may be used to meet the liquid in landfill rule standards. Pozzolanic stabilization may not meet land disposal restrictions (LDR) treatment standards, but treatment that meets Part 268 standards generally meets Section 264.314(e) requirements.
 
10/13/1993CLARIFICATION OF THE RECYCLED USED OIL MANAGEMENT STANDARDS AS THEY PERTAIN TO IGNITABLE USED OILMemo
 Description: Used oil consolidated from different sources is regulated under Part 279. Used oil that is hazardous solely because it exhibits a characteristic is subject to Part 279. Used oil that cannot be recycled is subject to RCRA Subtitle C if the used oil is hazardous waste. Used oil must meet the criteria in 279.11 to be burned as on-specification fuel.
 
10/13/1993LAND DISPOSAL RESTRICTION INTERIM FINAL RULEMemo
 Description: Discusses the applicability of the interim final rule (58 FR 29884; 5/24/93) to wastes that have one or more numerical treatment standards as well as a deactivation requirement. F001 waste that is also corrosive (D002) must be treated to meet the standards for both waste codes (including treatment for underlying hazardous constituents). Waste mixtures with common constituents of concern must meet the most stringent standard that applies. Ignitable (D001) and corrosive wastes (subject to treatment for underlying hazardous constituents) may be aggregated with other compatible wastes to facilitate treatment. Aggregating wastes for other purposes may be impermissible dilution.
 
10/04/1993POTENTIAL LIABILITY OF DISPOSAL FACILITIES WHEN DISPOSING OF CONTAMINATED DEBRISMemo
 Description: A disposal facilities remain responsible for ensuring that restricted wastes are disposed of in compliance with all applicable treatment standards. Disposal facilities can be liable for improper disposal of untreated waste. Disposal facilities should use their judgment on how to minimize their risk of liability. Strict liability applies under RCRA, so a facility can be liable for violation even if it acted in good faith, although good faith may mitigate penalties.
 
09/23/1993GUIDANCE ON INDIRECT EXPOSURE ASSESSMENTS FOR HAZARDOUS WASTE COMBUSTION SOURCESMemo
 Description: Provides guidance on indirect exposure assessments for hazardous waste combustion sources. This memo transmits for review and comment the draft addendum to the 1990 Office of Research and Development (ORD) report, "Methodology for Assessing Health Risks Associated with Indirect Exposure to Combustor Emissions.” It also includes EPA’s initial recommendations on dealing with additional risk assessment issues such as the choice of risk levels and how to consider other air emission sources.
 
09/15/1993CLARIFICATION OF RCRA REGULATORY APPLICATION TO SOILS CONTAMINATED BY CEMENT KILN DUSTMemo
 Description: Secion 266.112 does not apply retroactively to soil contaminated by cement kiln dust, which is exempt under the Bevill exclusion for fossil fuel combustion wastes, when the soil is removed during corrective action. Discusses the distinction between applying listings retroactively and determining applicability of Bevill exclusion.
 
09/14/1993PROPOSAL TO APPLY DEBRIS TREATMENT STANDARDS TO DEBRIS CONTAMINATED WITH PHASE II WASTESMemo
 Description: Provides clarification to the Phase II proposed rule (58 FR 48092; 9/14/93). EPA intends for the Phase I alternative debris treatment standards to apply to waste codes that are addressed in the Phase II rule (D018-43, K149-K151, K141-K145, K147, K148).
 
09/14/1993REGULATORY INTERPRETATION OF AUTOMATIC WASTE FEED CUTOFFS IN BOILERS AND INDUSTRIAL FURNACESMemo
 Description: Automatic waste feed cutoffs (AWFCOs) in BIFs must be triggered if certain parameters are exceeded. If a waste cannot enter a BIF or remain in the combustion chamber after AWFCO, the BIF is not required to maintain minimum combustion temperature after AWFCO.
 
09/01/1993Environmental Fact Sheet: EPA Proposes Treatment Standards for Newly Listed and Identified Wastes and for Hazardous SoilPublication
 Description: Announces EPA's proposal to present an innovative approach the regulation of hazardous soil under the LDR program. It also proposes to simplify the existing regulations by providing a set of universal treatment standards that are to be applied to virtually all wastes.
 
08/18/1993APPLICABILITY OF LAND DISPOSAL RESTRICTIONS TO THE WASTE CODE CARRY THROUGH PRINCIPLEMemo
 Description: Residues from the treatment of waste with a land disposal restrictions (LDR) equivalent method variance may lose the waste code provided certain conditions are met. Discusses the applicability of the derived-from rule to such residues (SEE ALSO: 66 FR 27266; May 16, 2001).
 
08/15/1993Draft Strategy on Combustion and Waste Minimization: Project PlansPublication
 Description: Presents an overview of EPA's project plans for implementing the Draft Strategy for Combustion of Hazardous Waste, released on May 18, 1993. Discusses outreach, interim final guidance on waste minimization program, targeting specific waste streams where waste minimization will provide the greatest environmental benefit, and finalizing the waste minimization and waste combustion strategy. Examines reviewing and evaluating current regulations for incinerators, boilers, and industrial furnaces; upgrading those regulations; ongoing activities to implement the BIF rule; and evaluation of alternative treatment technologies.
 
08/11/1993RESPONSE TO QUESTIONS ABOUT EPA’S COMBUSTION STRATEGYMemo
 Description: The Combustion Strategy will not impact incinerators at CERCLA sites or the ability of interim status units to continue burning hazardous waste. Provides a summary of the risk assessment guidance. Permit applications for new combustion facilities have a lower priority than pending applications of interim status facilities. Pursuant to the Combustion Strategy, EPA is examining its authority to enforce the generator and TSDF waste minimization and certification requirements.
 
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.
 
07/02/1993RESPONSE TO CONCERNS REGARDING HAZARDOUS WASTE INCINERATIONMemo
 Description: EPA requires incinerators burning dioxins and PCBs to operate at a 99.9999% destruction and removal efficiency (DRE). Incineration of other wastes requires a 99.99% DRE. EPA conducts conservative, site-specific risk assessments for individual combustion facilities.
 
06/30/1993MINING WASTES FROM SEARLES LAKE OPERATIONSMemo
 Description: Oil from a machine maintenance operation is not uniquely associated with mining or mineral processing operations and is not exempt under the Section 261.4(b)(7) Bevill exemption for mining and mineral processing wastes (SEE ALSO: 63 FR 28556; May 26, 1998). Waste oil from the extractant, or crude, treatment process is not exempt. Boiler ash is an exempt Bevill fossil fuel combustion waste.
 
06/07/1993ANALYSIS OF REMEDIAL WASTE VOLUME AND REMEDY SELECTIONMemo
 Description: Provides an analysis of the corrective action remedies and the resulting waste volumes and the parallels to presumptive remedies. The information breaks solid waste management units (SWMUs) down into several categories: containment (no treatment), in-situ treatment, and ex-situ treatment. 140 million cubic meters of remedial waste are expected to be generated over the life of the RCRA program.
 
06/06/1993HAZARDOUS DEBRIS CASE-BY-CASE CAPACITY VARIANCE RENEWALMemo
 Description: A good-faith effort to locate a treatment capacity may be ongoing for waste under a hazardous debris case-by-case capacity variance. An effort must be documented and must continue throughout the period of the variance.
 
06/03/1993USE OF ON-SITE PRECIPITATION PROCESS AS AN ACCEPTABLE PRETREATMENT STEP ADJUNCT TO MERCURY RETORTINGMemo
 Description: Mercury precipitation treatment cannot be used as a substitute for the required retorting treatment (RMERC) for the D009 high mercury subcategory. Precipitation process may be used as a pretreatment step. Generators can treat waste on-site without obtaining a permit, provided the generator accumulation provisions are met. Discusses generators subject to the land disposal restrictions (LDR) analysis plan notification.
 
06/02/1993REGULATORY STATUS OF HAFS AND THE VCR PROCESS UNIT LOCATED AT BORDEN'S GEISMAR, LA FACILITYMemo
 Description: A Valorization of Chlorinated Residuals unit is a halogen acid furnace (HAF) and thus is an industrial furnace that is subject to the BIF rules. EPA designates all hazardous material fed to HAFs as inherently waste-like, since HAFs necessarily destroy toxic constituents in addition to recovering materials or energy.
 
06/02/1993REGULATORY STATUS OF SEPARATOR WATER AND EVAPORATOR UNITS AT DRY CLEANERSMemo
 Description: Evaporator units at dry cleaners that have eliminated CWA discharges due to concern over sewer leaks are generally wastewater treatment units (WWTU) (SEE ALSO: RPC# 10/22/93-02). The WWTU exemption applies only to wastewater, not concentrated wastes like free-phase perchloroethylene. CESQG status depends on the total amount of hazardous waste generated at a facility per calendar month. EPA cannot state whether all generators from a particular industry (e.g., dry cleaning) are CESQGs. CESQGs are subject only to 261.5.
 
06/02/1993SEPARATOR WATER AND USE OF EVAPORATORS AT DRY-CLEANING FACILITIESMemo
 Description: Evaporator units at dry cleaners that have eliminated their CWA discharges due to concern over sewer leaks are generally wastewater treatment units (WWTU) (SEE ALSO: RPC# 10/22/93-02). The WWTU exemption applies only to wastewater, not concentrated wastes like free-phase perchloroethylene.
 
06/01/1993CONTAINMENT BUILDINGS AT PERMITTED AND INTERIM STATUS FACILITIESQuestion & Answer
 Description: Discusses the procedures for adding containment buildings to permitted and interim status facilities under changes during interim status. A containment buildings is not considered newly regulated units. A generators may accumulate and treat hazardous waste in containment buildings.
 
05/15/1993Environmental Fact Sheet: EPA Issues New Treatment Standards for Certain Ignitable and Corrosive WastesPublication
 Description: This fact sheet announces an interim final rule that replaces the treatment standard of deactivation for certain ignitable and corrosive wastes and new standards that include numerical treatment standards for hazardous constituents of these wastes. The ruling is intended to bring the deactivation standard for ignitable and corrosive wastes into full compliance with RCRA.
 
05/06/1993WASTE MANAGEMENT OPTIONS FOR ZINC-CARBON BATTERIESMemo
 Description: Zinc-carbon batteries that contain cadmium are subject to land disposal restrictions (LDR) only if they fail the TCLP and extraction procedure (EP) (SUPERSEDED: see 63 FR 28556; May 26, 1998). Zinc-carbon batteries are not subject to the cadmium battery recycling standard. The applicable D006 treatment standard is based on stabilization (SEE ALSO: Part 273).
 
04/30/1993CLARIFICATION OF STATE AND FEDERAL APPLICABILITY OF THE BIF RULE TO LIME KILNS BURNING HAZARDOUS WASTEMemo
 Description: Recycling is normally considered a form of hazardous waste treatment that is exempt from regulation. The Part 266, Subpart H rules apply to all BIFs that burn or process hazardous waste, regardless of the purpose of burning (SEE ALSO: 266.100(b), (c), (d)).
 
04/29/1993REGULATORY STATUS OF COMBUSTION RESIDUALS GENERATED FROM CO-BURNING OF ""SPECIFICATION"" USED OIL FUEL AND VIRGIN FUEL OILMemo
 Description: The co-burning of specification used oil fuel and virgin fuel oil does not affect the 261.4(b)(4) Bevill exemption since the amount of oil burned is minimal.
 
04/29/1993REGULATORY STATUS OF SILVER-CONTAINING WASTEWATER TREATMENT SLUDGES WHEN RECYCLEDMemo
 Description: Silver-containing wastewater treatment sludge is not a solid waste when it is reclaimed, and therefore it is not subject to Part 266, Subpart F. Secondary materials that are solid and hazardous wastes when they are sent for silver recovery are subject to the Part 266, Subpart F requirements.
 
04/26/1993STRATEGY FOR VOLUNTARY REMEDIATION OF HISTORIC MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Manufactured gas plant (MGP) wastes are not listed but they may exhibit a characteristic. MGP wastes are newly identified and are not subject to land disposal restrictions (LDR) treatment requirements or the dilution prohibition. MGP wastes may be decharacterized in generator's 262.34 accumulation units without a permit and sent off-site for burning in utility boilers as nonhazardous waste (SEE ALSO: 63 FR 28556; 5/26/98).
 
03/05/1993RECYCLING PETROLEUM REFINERY OILY WASTES; REGULATORY STATUS OF SEPARATION AND RECOVERY SYSTEMS SAREX PROCESS FOR RECYCLING PETROLEUM REFINERY OILY WASTESMemo
 Description: Effluent from a petroleum recovery process that accepts hazardous waste K048-K051 returned to a wastewater treatment system is not derived from listed waste if it is chemically equivalent to non-listed influent (SEE ALSO: RPC# 8/23/85-01). The closed-loop exemption does not apply to oil being returned to a refinery where it will be used as a fuel. The closed-loop exemption does not apply to reclaimed material that will be used to produce a fuel or produce a product that will be applied to the land.
 
03/04/1993PETITION FOR EXCLUSION OF WESTERN WHEEL HOWELL F019 WASTEMemo
 Description: Wastewater treatment sludges that are generated from the treatment of contaminated rinsewaters collected from the stages prior to chromate conversion coating are not F019, provided that these wastewaters are kept separate from the wastewaters from the chromate conversion step.
 
02/23/1993PROPER DISPOSAL OF SILVER NITRATE AND CHLOROFORM AS LABORATORY CHEMICALSMemo
 Description: The 261.3(a)(2)(iv)(E) exemption applies only to listed wastes, not to characteristic wastes. The exclusion applies to incidental losses of listed wastes from lab operations, not to deliberate discharges of chemicals that are not part of lab operations. The facility’s discharge must be subject to 402 or 307(b) of CWA. The concentration criteria may be based on either the total annualized average flow of lab wastewater or on the lab chemical concentration at the treatment system’s headworks. The exclusion is based on the total quantity of listed wastes from the lab’s operations. Land disposal restrictions (LDR) recordkeeping requirements may apply. The pretreatment of lab wastewaters may generate a characteristic sludge.
 
12/30/1992APPLICATION OF THE BIF RULE TO HERITAGE ENVIRONMENTAL SERVICES, INC., LEMONT, ILLINOISMemo
 Description: Unused propellant mixture (butane and propane) from aerosol cans is not a solid waste when it is burned for energy recovery because butane and propane are normally used as fuels. Material remaining in a partially used can is off-specification product that is being burned for its intended use. The burning of the mixture is not subject to the BIF regulations under Part 266, Subpart H.
 
12/24/1992CLARIFICATION ON WHAT CONSTITUTES DIOXIN RELATED MATERIALSMemo
 Description: Contains a list of waste codes that contain dioxin (F020, F022, F023, F026, F027, F028, F032, D017, D041, D042). The F-listed dioxin waste codes do not apply if waste contains dioxin but does not meet the listing description. Waste exhibits the toxicity characteristic only if the level of constituent exceeds the regulatory level. F039, K043, and K099 have land disposal restrictions (LDR) for certain dioxins and furans. If waste meets the listing description, the waste code applies even if no Appendix VIII constituents are present. For purposes of F021, a pentachlorophenol derivative includes any substance which is related structurally and can be made from pentachlorophenol (PCP), including sodium pentachlorophenate, octachlorodibenzodioxin, octachlorodiphenyl ether, and potassium pentachlorophenate. Derivatives from tri- and tetrachlorophenol include tri- and tetra-chlorophenoxy derivatives of carboxylic acids. F020 -F023, F026-F028 hazardous waste must be incinerated in an unit meeting 99.9999 DRE or burned in thermal treatment unit meeting same DRE. Waste that contains Appendix VII constituents but cannot be traced to the original process that would generate the waste meeting listing description is exempt from regulation unless characteristic.
 
12/11/1992CLARIFICATION OF HAZARDOUS WASTE LISTINGS PERTAINING TO WOOD PRESERVING OPERATIONSMemo
 Description: Wood preserving is defined as any process intended to preserve wood from structural attack. The definition is based on intent of treatment, not on type of process. Dipping operations could be wood preserving. Sodium pentachlorophenate used as wood preservative is F032 when discarded.
 
12/04/1992DETERMINATION OF EQUIVALENT TREATMENT FOR METAL RECOVERYMemo
 Description: Incineration followed by treatment of the ash is generally required for waste codes for which metals recovery is the specified technology.
 
11/30/1992WASTE STREAMS GENERATED BY TREATMENT PROCESSESMemo
 Description: Pursuant to mixture or derived-from rule, streams consisting of listed hazardous waste retain the same waste codes even after mixing and/or treatment. Treatment residuals must meet waste code-specific treatment standards prior to land disposal.
 
11/27/1992CLARIFICATION OF STATUS OF TREATMENT ASSOCIATED WITH FUEL BLENDING ACTIVITIESMemo
 Description: Treatment associated with hazardous waste fuel blending is subject to regulation. EPA explicitly interpreted the now deleted Section 266.34, to require tank standards to apply to fuel blending tanks. Non-storage activities at fuel blending facilities (e.g., microwave units and distillation columns) may require a treatment permit. All storage of all hazardous waste fuels subject to regulation.
 
11/17/1992GUIDANCE ON USING ALTERNATIVE RISK ASSESSMENT APPROACHES IN DETERMINING INCINERATOR METALS EMISSION LIMITSMemo
 Description: Site-specific dispersion models can not be used for reference air concentration (RAC) or risk-specific dose (RSD) unless required by omnibus authority.
 
11/17/1992RCRA REGULATION OF DDT-TREATED WOOL BLANKETS AS HAZARDOUS WASTEMemo
 Description: Wool blankets that are treated with DDT are not solid wastes until they are discarded. If they are solid waste, the DDT-treated blankets are unlikely to exhibit any characteristic of hazardous waste, and would not meet any of the listing descriptions in Part 261, Subpart D. A discarded product contaminated with a chemical is not a discarded commercial chemical product (CCP).
 
11/05/1992CLARIFICATION OF NEWLY LISTED WASTES AND HAZARDOUS DEBRISMemo
 Description: Characteristic debris treated to meet the land disposal restrictions (LDR) performance standards and contaminant restrictions that no longer exhibits a characteristic, is not hazardous waste. If a mixture of a material is comprised primarily of debris, by volume, based on visual inspection, the entire mixture is debris. Non-debris mixtures may be treated via equivalent method variance or variance from treatment standard. Analysis of leachability reduction of microencapsulated waste may be achieved by determining the constituent leachability before and after treatment using TCLP.
 
11/04/1992CLASSIFICATION OF F003 WASTESMemo
 Description: Xylene and acetone used to remove paint is F003, even if the waste is not ignitable. The 261.3(a)(2)(iii) mixture rule exemption does not apply to nonignitable F003 that has not yet been mixed with solid waste, and does not apply to a mixture of soil and F003 that does not exhibit a characteristic (SEE ALSO: 66 FR 27266; 5/16/01). Land disposal restrictions (LDR) treatment requirements still apply to F003 waste that has been rendered nonignitable and/or nonhazardous under 261.3(a)(2)(iii). If F003 is spilled into soil, the soil must be managed as listed waste until the state or Region determines that it no longer contains hazardous waste.
 
10/21/1992SITE PREPARATION WORK PERFORMED PRIOR TO ISSUANCE OF PERMITMemo
 Description: Construction of an incinerator in an authorized state is subject to state regulation. A facility located in a state authorized for the base program but not some portions of HSWA will receive a permit issued jointly by State and EPA (joint permit). Incinerator preconstruction at an existing interim status facility may proceed only if provisions in Section 270.72(a)(3) are met and if changes do not amount to reconstruction under changes during interim status.
 
10/19/1992LOSS OF INTERIM STATUS (LOIS) FOR STORAGE AND TREATMENT FACILITIESMemo
 Description: Storage and treatment facilities that had interim status on 11/8/84 but failed to submit Part B permit applications by 11/8/88 lose interim status on 11/8/92 due to the 3005(c)(2) LOIS deadline. Submission of the Part B in accordance with the HSWA deadlines ensures continued interim status until EPA issues or denies a permit, even if the final permit determination takes place after 11/8/92.
 
10/15/1992REGULATORY INTERPRETATION OF LOSS OF INTERIM STATUS PROVISIONS AS IT APPLIES TO OB/OD FACILITIESMemo
 Description: Discusses the applicability of the November 8,1992 loss of interim status date for open burning/open detonation facilities that were in existence on November 8, 1984. Facilities that submitted a Part B applications by November 8, 1988 retain their interim status after November 8, 1992. Facilities that did not submit a part B by November 8, 1988 lose their interim status after November 8, 1992 unless the permit decision is made by that date.
 
10/08/1992RECOVERY OF SULFUR AND CHLORIDE FROM SLURRIED BAGHOUSE DUSTMemo
 Description: The desulfurization process to remove sulfur and chloride from slurried baghouse dust is an exempt recycling process. Desulfurization units are either exempt recycling units or wastewater treatment units (WWTUs).
 
09/22/1992ASSURING PROTECTIVE OPERATION OF INCINERATORS BURNING DIOXIN-LISTED WASTESMemo
 Description: The incinerator regulations do not specifically set a specific destruction and removal efficiency (DRE) for dioxins and furans. The 99.9999% DRE is demonstrated during the trial burn on principal organic hazardous constituents (POHCs) that are more difficult to incinerate than dioxins and furans. Spiking POHCs at high concentrations in the trial burn waste is standard practice. EPA recommends the use of the product of incomplete combustion (PIC) approach from the BIF rule as guidance for incinerators.
 
09/18/1992EXEMPTION FOR MUNICIPAL WASTE COMBUSTION ASH FROM HAZARDOUS WASTE REGULATIONMemo
 Description: Municipal waste combustion ash is exempt household hazardous waste pursuant to RCRA 3001(i) (SEE ALSO: RPC# 10/1/94-02; 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95 and RPC# 3/22/95-01).
 
09/18/1992REQUEST FOR CLARIFICATION ON F019 WASTE DETERMINATIONMemo
 Description: Wastewater treatment sludges from the conversion coating operation are F019 regardless of where in the wastewater treatment train they are generated. The listings apply regardless of whether there is prior treatment or commingling with other wastewaters, even if the sludges contain very low concentrations of hazardous constituents. The concentration-based standards under CWA are not a factor.
 
09/09/1992NOTIFICATION REQUIREMENTS FOR TREATABILITY STUDIESMemo
 Description: Addresses the reporting, notification, and recordkeeping requirements for treatability studies. 261.4(f)(1) requires a one-time notification of treatability study activities.
 
09/04/1992REGULATORY STATUS OF ABSORBENT MATERIAL WHEN MIXED WITH HAZARDOUS WASTE PRIOR TO INCINERATIONMemo
 Description: Mixing sawdust with hazardous waste prior to incineration is part of the incineration treatment train and is generally considered regulated treatment. Mixtures of hazardous waste and absorbent or sawdust may be hazardous waste via the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). Absorbing or mixing listed hazardous waste with sawdust does not make the waste nonlisted. The determination of whether the entire volume of the mixture of absorbent material and hazardous waste is counted against the incinerator’s maximum permissible hazardous waste inventory or mass feed limits is made by the state or Region.
 
08/27/1992RCRA REGULATORY INTERPRETATION ON BENZENE STRIPPERS AT WRC REFINERYMemo
 Description: Refinery benzene stripper is a hazardous waste treatment unit, not tank ancillary equipment. Benzene stripper could be a fully regulated, wastewater treatment unit (WWTU), or generator accumulation unit.
 
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.
 
08/24/1992REGULATORY STATUS OF AN OPEN BURNING UNIT USED FOR TREATING EXCESS PROPELLANTMemo
 Description: The transport of excess powder from training activity for treatment is solid and hazardous waste management. Excess propellant from training that is moved to another training activity not solid waste. The quantity of excess material may help indicate whether a material is solid waste.
 
08/11/1992COMBINED OPERATION OF THE RESOURCE RECOVERY KILNS AND CEMENT KILNS AT GIANT CEMENT COMPANY, HARLEYVILLE, SCMemo
 Description: Generally, when listed hazardous waste is burned in a cement kiln for a purpose other than just energy recovery and the resulting product is placed on the land, the cement product is a solid and hazardous waste subject to 266.20. However, cement produced from burning off-gases in a cement kiln is not a waste-derived product. Cement produced from treated soil that no longer contains hazardous waste is not a waste-derived product. For the purposes of 266.20(b), EPA may test clinker, rather than product (i.e., cement). 268.7(b)(5), (b)(7) paperwork applies to each shipment of waste-derived product sent to a receiving facility. Discusses the guidelines for determining the regulatory status of two or more hazardous waste treatment units in a series. A cement kiln and resource recovery kiln operating in series are regulated as BIFs. Off-gases from resource recovery kilns are regulated under RCRA Subtitle C if they originate from hazardous waste treatment (SEE ALSO: RPC# 7/29/94-01).
 
08/06/1992BANGLADESHI REQUEST FOR INFORMATION ON LEAD AND CADMIUM IN FERTILIZERMemo
 Description: Hazardous waste-derived fertilizer is subject to Part 266, Subpart C. To qualify for 266.20(b), it must be a legitimate product and meet the land disposal restrictions (LDR) treatment standards. K061-derived zinc fertilizers produced for the general public's use are exempt from regulation, including LDR.
 
08/01/1992TREATMENT IN A GENERATOR’S 90-DAY CONTAINMENT BUILDINGQuestion & Answer
 Description: A generator accumulating hazardous waste in a containment building can treat waste without obtaining permit or interim status, unless conducting thermal treatment. If treating to meet Part 268 treatment standards, a generator must comply with Section 268.7(a)(4) for waste analysis plan requirements.
 
07/21/1992FLOOR SUMPS AT HAZARDOUS WASTE SITESMemo
 Description: The Region determines whether a floor sump that collects hazardous waste after the point of generation and conveys it to a treatment unit is exempt as ancillary equipment connected to a wastewater treatment unit (WWTU) or an elementary neutralization unit (ENU).
 
07/21/1992REGULATIONS FOR DISPOSAL OF CERAMIC MATERIALSMemo
 Description: The disposal of ceramic tiles is regulated only if they meet the definition of hazardous waste. If the tiles are hazardous, they may be subject to the land disposal restrictions (LDR). Appropriate treatment could consist of chemical stabilization or vitrification, depending on the metals in the waste.
 
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.
 
07/07/1992CLARIFICATION OF PRESERVATION TECHNIQUES FOR VOLATILE ORGANIC ANALYSISMemo
 Description: Discusses the recommended preservation procedure for water samples containing volatile organic analytes. EPA does not recommend the use of mercuric chloride as preservative. Acid-preserved samples containing no hazardous constituents can be neutralized and poured down the drain.
 
07/01/1992REMEDIATION OF CONTAMINATED SOILS AT HISTORIC MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Generators may treat contaminated soils from manufactured gas plant (MGP) site remediation to remove characteristics in generator accumulation units without a permit. Decharacterized hazardous waste may then be sent off-site for burning as nonhazardous waste (SEE ALSO: 63 FR 28574; 5/26/98).
 
06/24/1992RECYCLING AND PROCESSING OF SPENT AEROSOL CANSMemo
 Description: Whether aerosol can processing constitutes treatment requiring a permit or qualifies as exempt recycling is a determination made by each Region on a case-by-case basis.
 
06/15/1992Environmental Fact Sheet: Treatment Standards Finalized for 20 Newly Listed Hazardous Wastes and Hazardous DebrisPublication
 Description: This fact sheet announces land disposal restriction (LDR) rules for 20 newly listed hazardous wastes. Wastes include recent petroleum refining wastes (F037 and F038), wastes from unsymmetrical dimethylhydrazine (K107-K110), wastes from dinitrotoluene and toluenediamine (K111 and K112), wastes from ethylene dibromide (K117, K118, and K136), wastes from ethylenebisdithiocarbamic acid (K123-K126), wastes from methyl bromide (K131 and K132), and additional organic U wastes (U328, U353, and U359). The fact also describes additional components of the LDR rules, including regulations for hazardous debris and containment buildings.
 
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).
 
06/03/1992MIXED WASTE MANAGEMENT: NORTHWEST INTERSTATE COMPACTMemo
 Description: The chemical component of biomedical radioactive mixed wastes consists of acids and bases as well as solvents. The sample and treatability study exclusions may be used to develop the mixed waste treatment capability. There is no standard procedure for sampling non-homogeneous mixed waste (or other non-homogeneous (waste) in drums. There is currently no disposal options for scintillation cocktails contaminated with radionuclides other than tritium or carbon-14.
 
06/01/1992WASTEWATER TREATMENT UNITS: REGULATORY STATUS OF WASTEQuestion & Answer
 Description: Discusses the regulatory status of waste generated in a wastewater treatment unit (WWTU). Waste is exempt only while in the unit. Residues from the treatment of a listed waste in a WWTU remain listed due to derived-from rule (SEE ALSO: 66 FR 27266; May 16, 2001).
 
05/15/1992Environmental Fact Sheet: Effective Date for Hazardous Debris Treatment Standards Extended One YearPublication
 Description: This fact sheet discusses the extension of the effective treatment date for most debris contaminated with hazardous waste to May 8, 1993. This extension is in response to the lack of treatment capacity for hazardous waste expressed by commenters to the January 9, 1992, Proposed Rule on Land Disposal Restrictions for Newly Listed Wastes and Contaminated Debris (57 FR 958).
 
05/07/1992WASTE CODE CARRY THROUGH PRINCIPLE AND IMPORT ON LAND DISPOSAL RESTRICTONS (LDR) STANDARDSMemo
 Description: Under a very narrow set of circumstances (including low levels of recoverable metals), the waste code carry through principle (derived-from rule) does not apply to certain wastes that would otherwise be subject to a specified technology treatment standard of metal recovery because of the derived-from rule.
 
05/04/1992EXPORT OF TREATABILITY SAMPLESMemo
 Description: Treatability study samples that are exported qualify for the exemption from export requirements. A foreign lab does not need an EPA ID number. The Basel Convention may prohibit the movement of treatability study samples between Parties and non-Parties. The Organization of Economic Cooperation and Development Counsel Decision applies to transboundary movements of recyclables, not hazardous waste samples destined for treatability studies.
 
05/04/1992REGION III APPROACH TO STABLIZATIONMemo
 Description: Discusses the RCRA stabilization strategy, the RCRA stabilization initiative, and the goals of the stabilization evaluation. Interim measures can happen at any time in the corrective action process. Interim measures are tools to achieve stabilization. Sites are first evaluated for potential stabilization actions after the RCRA facility assessment.
 
02/10/1992ENVIRONMENTAL GROWTH INITATIVEMemo
 Description: Discusses the Environmental Growth Initiative. Provides an overview of the RCRA Subtitle C reform initiatives growing out of the President's "90-Day Review of Regulations." Addresses concentration-based exemptions, universal treatment standards (UTS), post-closure permitting, remediation reforms, and the new Superfund paradigm.
 
01/22/1992EVALUATING PRECOMPLIANCE CERTIFICATIONS FOR BOILERS AND INDUSTRIAL FURNACESMemo
 Description: Provides interpretation of a "complete and accurate" certification of precompliance. Addresses the use of enforcement authorities when evaluating BIF precompliance certification violations. Possible EPA responses include 3007 information requests and notices of violation.
 
01/16/1992EXEMPTION FROM PERMITTING REQUIREMENTS FOR WASTE WATER TREATMENT UNITSMemo
 Description: A wastewater treatment system must be subject to the Clean Water Act (CWA) in order to be eligible for the wastewater treatment unit (WWTU) exemption, it is not required to actually have CWA permit. A zero discharge system is eligible for exemption (SEE ALSO: RPC# 3/20/89-03). A wastewater treatment facility that never had a discharge to a surface water is not eligible for the WWTU exemption because it was never subject to the NPDES permitting or CWA requirements.
 
01/15/1992REGULATORY STATUS OF LABORATORY WASTEWATERMemo
 Description: The mixture rule exemptions (261.3(a)(2)(iv)(A) - (E)) are oriented toward mixtures of wastewaters and listed wastes, not characteristic wastes. The exemption does not apply until the wastewater passes through the headworks of the wastewater treatment unit. Laboratory wastewaters contaminated with toxic (T) listed wastes are exempt if the mixture, after passing through the system headworks, does not exceed the concentration specified in the exemption (SEE: 261.3(a)(2)(iv)(E)).
 
12/10/1991EXTENSION OF COMMENT PERIOD FOR LDR SOIL FEDERAL REGISTER NOTICEMemo
 Description: Discusses the extension of the comment period for land disposal restrictions (LDR): Potential Treatment Standards for Newly Identified and Listed Wastes and Contaminated Soil (56 FR 55160; 10/24/91) on issues related to mineral processing wastes, wood preserving wastes, and spent potliners (SEE ALSO: 57 FR 37194; 8/18/92, 60 FR 43654; 8/22/95, 61 FR 2338; 1/25/96, 62 FR 25997; 5/12/97).
 
12/10/1991NO-MIGRATION PETITION FOR KOCH REFINING, TXMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below the treatment zone, in soil-pore liquid, and in groundwater at the land treatment facility.
 
12/03/1991CONTROL DEVICES REQUIRED BY THE ORGANIC AIR EMISSION STANDARDMemo
 Description: Only the Subparts AA and BB standards apply to a control device that meets the definition of another regulated unit (e.g. incinerator). If the device also treats other wastestreams, the unit must comply with the applicable standards. EPA may impose additional requirements under its omnibus authority.
 
12/01/1991RECLAIMED SPENT WOOD PRESERVATIVE EXCLUSION IN 40 CFR 261.4(A)(9)Question & Answer
 Description: Spent wood preserving solutions that are reclaimed are no longer solid wastes and so are not derived from listed wastes F032, F034, or F035 (SEE ALSO: 63 FR 28556; May 26, 1998). Wood treated with the reclaimed preservative is not a hazardous waste when placed on land.
 
12/01/1991SW-846 TEST METHODSQuestion & Answer
 Description: The test methods found in SW-846 are generally not required, but are intended as guidance for both hazardous waste identification and compliance with the land disposal restrictions (LDR) treatment standards. In certain instances, such as delisting and characteristic testing, EPA requires the use of the SW-846 methods.
 
11/27/1991RCRA APPLICABILITY TO SOLDER DROSS FROM PRINTED CIRCUIT BOARD MANUFACTURINGMemo
 Description: Until further study is completed, EPA will continue to treat solder drosses generated from soldering printed circuit boards as by-products, rather than spent materials. Characteristic by-products are not solid waste when they are reclaimed (SEE ALSO: RPC# 8/28/92-01).
 
11/04/1991REGION V FUEL-BLENDING FACILITIES CONCERNSMemo
 Description: An unit used to blend or treat hazardous waste to produce a fuel is subject to permitting. BIFs can burn low-Btu waste after conducting emission testing and certifying compliance. Unit processes used to raise Btu value of a hazardous waste (e.g., phase separation, centrifugation) require a permit.
 
10/25/1991MANAGING THE CORRECTIVE ACTION PROGRAM FOR ENVIRONMENTAL RESULTS: THE RCRA FACILITY STABILIZATION EFFORTMemo
 Description: Discusses the RCRA corrective action stabilization strategy and the RCRA stabilization initiative. Interim measures are encouraged for addressing imminent risks, stabilizing sources, and preventing the spread of contamination. Includes an interim measures selection decision tree and stabilization strategy questionnaire.
 
10/11/1991MATERIALS USED IN FERTILIZER PRODUCTION MANAGEMENTMemo
 Description: A characteristic sludge used to make fertilizer is a solid waste, even if it is first sent to a facility for lead reclamation. The solid waste determination for a recycled material is made at the point of generation and must account for the entire recycling process. D008 baghouse dust used in fertilizer production is a solid waste used in a manner constituting disposal. Fertilizer produced for the general public's use that meets land disposal restrictions (LDR) treatment standards is no longer subject to regulation.
 
10/11/1991MATERIALS USED IN FERTILIZER PRODUCTION MANAGEMENTMemo
 Description: Characteristic sludge (D008) used to make fertilizer is a solid waste, even if first sent to a facility for lead reclamation. Fertilizer produced for the general public's use that meets land disposal restrictions (LDR) treatment standards is no longer subject to regulation under the use in a manner constituting disposal exemption. Dicusses the history of use constituting disposal regulations. The solid waste determination for a recycled material must be made at the point of generation and must account for the entire recycling process, not only the first step. Addresses the elements of legitimate recycling.
 
10/01/1991APPLICATION OF THE SHAM RECYCLING POLICY TO CERTIFIED BOILERS AND INDUSTRIAL FURNACESQuestion & Answer
 Description: Certified BIFs are not required to prove that the wastes burned have heating value of 5,000 Btu/lb or more. Certification of compliance with air emission standards satisfies the protection of human health and environment requirements.
 
09/30/1991QUANTUM TECH PLASMA ARC UNIT - REGULATORY CLASSIFICATIONMemo
 Description: Plasma arc and infrared units without afterburners are not included in the definition of incinerator and should be regulated as miscellaneous units (SEE ALSO: 57 FR 38558; August 25, 1992).
 
09/27/1991CALIFORNIA LIST PROHIBITIONS APPLICABILITY AFTER THIRD THIRD RULEMemo
 Description: Liquid and nonliquid PCBs must be incinerated. Waste subject to the land disposal restrictions (LDR) national capacity variance must meet California list standard before disposal (SUPERSEDED: California list removed, see 62 FR 25997; May 12, 1997). The halogenated organic compound (HOC) standards apply only to characteristic wastes, listed wastes are not subject because they have their own treatment standard or are newly-listed.
 
09/27/1991DESIGNATED FACILITY UNDER THE TREATABILITY STUDY EXCLUSIONMemo
 Description: The designated facility definition allows the shipment of waste from a state where it is hazardous to a state where it is not hazardous. The manifest requirements should be followed as required by the originating state. Discusses the applicability to shipment of excluded treatability study samples from states where it is not excluded.
 
09/23/1991BIF REGULATIONS EFFECTS ON INDUSTRIAL BOILERMemo
 Description: The BIF regulations exempt units burning low hazard waste from many of the emission standards but not from permitting.
 
09/20/1991TREATMENT OF HAZARDOUS WASTE FROM LARGE QUANTITY GENERATORSMemo
 Description: Both LQGs and SQGs can treat in accumulation tanks or containers without a permit if the treatment is in compliance with the 262.34 generator accumulation requirements. Generators who accumulate waste in 262.34 units must comply with the waste analysis plan (WAP) requirements per 268.7(a)(4). Treatment in generator accumulation units cannot violate the dilution prohibition.
 
08/30/1991TSDFS AS GENERATORSMemo
 Description: Residues from the treatment of hazardous waste could cause a TSDF to be a generator. A TSDF may also generate other kinds of waste than those generated as a result of treatment.
 
08/05/1991REGULATORY STATUS OF RESIDUES FROM SECONDARY LEAD SMELTERS THAT RECYCLE K069 WASTES; RESIDUES FROM SECONDARY LEAD SMELTERS THAT RECYCLE K069 WASTESMemo
 Description: EPA did not intend for slags and drosses from secondary lead smelting where K069 is used as a feedstock to be listed K069 via the derived-from rule. Such smelting residues may be hazardous waste if they are characteristic. Discusses the indigenous principle for recycled furnace wastes.
 
08/02/1991CARBON REGENERATION UNITS - REGULATORY STATUSMemo
 Description: Carbon regeneration units regulated under Part 264, Subpart X or Part 265, Subpart P is Thermal Treatment. Discussion of regulatory status of carbon regeneration units in states authorized and unauthorized for February 21, 1991 BIF rule (56 FR 7134) (SEE ALSO: RPC 1/5/98-01).
 
07/31/1991TC RULE HAZARDOUS WASTE DETERMINATIONMemo
 Description: Pulp and paper mill wastes should be sampled at an outlet from the bleach plant (point of generation), prior to commingling (mixing) with other wastestreams, to determine whether they exhibit the toxicity characteristic for chloroform (D022). The dilution of characteristic hazardous waste at a pulp and paper mill is acceptable for CWA compliance provided there is no specified method of treatment (58 FR 29860; 5/24/93). The definition of aggressive biological treatment (ABT) units for the purposes of the F037 and F038 listings does not apply to the exemption for biological treatment units from the surface impoundment minimum technical requirements.
 
07/12/1991RCRA 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.
 
07/03/1991DRAFT REGION VIII POLICY ON “AGGRESSIVE BIOLOGICAL TREATMENT”Memo
 Description: Sludges formed in aggressive biological treatment (ABT) units are not F037 or F038. Only secondary or tertiary treatment units qualify as ABT units. ABT units receiving or generating toxicity characteristic hazardous waste are subject to all applicable rules. F037/F038 sludges can be formed in ABT units that are not operating properly.
 
07/03/1991TCLP 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.
 
07/02/1991DISPOSAL OF USED SYRINGESMemo
 Description: Addresses the treatment methods for used syringes. There is no federal regulation of medical waste for states not participating in the demonstration program (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
07/01/1991TRUCK TRANSPORT OF WASTEWATER FOR PURPOSES OF SECTION 261.3(A)(2)(IV)(A)Question & Answer
 Description: A solvent-wastewater mixture transported to a wastewater treatment unit (WWTU) by truck qualifies for the Section 261.3(a)(2)(iv) exemption provided the WWTU is subject to Sections 402 or 307(b) of CWA, and the wastewater meets the de minimis levels specified in Section 261.3(a)(2)(iv).
 
06/28/1991CCA TREATED WOOD WHEN DISPOSEDMemo
 Description: The treated wood exemption applies to wood failing the toxicity characteristic for D004-D017, not just arsenic (SEE ALSO: 57 FR 30657; 7/10/92).
 
06/21/1991BAGHOUSE DUSTS USED AS, OR TO PRODUCE, AGGREGATEMemo
 Description: Baghouse dust used as a product or reclaimed as an ingredient in a product (e.g., aggregate) placed on the land is a solid waste and is not exempt per 261.2(e). Products reclaimed from K061 that are not placed on the land are no longer wastes. Discusses the indigenous principle (SUPERSEDED: see 266.100) and the elements of legitimate recycling. If it is not legitimate recycling, the kiln is hazardous waste treatment unit.
 
06/21/1991POSITION PAPER ON SPENT ABSORBENT MATERIALSMemo
 Description: CESQGs may dispose of hazardous waste in a sanitary or municipal solid waste landfill as long as the landfill is permitted, licensed, or registered by the state to manage municipal or industrial solid waste (SEE ALSO: 261.5(g)(3)). An absorbent and waste mixture containing a free liquid phase with a flash point less than 140 F is D001. A sorbent and waste mixture with no free liquid is D001 only if it qualifies as an ignitable solid. DOT hazard classes do not correspond directly to RCRA characteristics. The deliberate mixing of hazardous waste and absorbents to render waste nonhazardous may be treatment subject to permitting (SEE ALSO: 264.1(g)(10)) and 268.3). If an absorbent is mixed with waste that is listed solely for exhibiting a characteristic, the mixture is not hazardous waste if it does not exhibit the characteristic (SEE ALSO: 66 FR 27266; 5/16/01). A mixture of absorbent and used oil is subject to Part 266, Subpart E (SUPERSEDED: See Part 279) if destined for energy recovery.
 
06/06/1991INDUSTRIAL FURNACE WHICH CEASES BURNING STATUS UNDER BIF REGULATIONMemo
 Description: If an industrial furnace ceases making product or halts industrial activity and burns hazardous waste for destruction, the unit is no longer a cement kiln, and must obtain Subpart O incinerator permit.
 
06/05/1991CERTIFICATION/NOTIFICATION FOR MULTIPLE-CONSTITUENT WASTES SUBJECT TO LDRSMemo
 Description: Waste as a whole, not individual constituents, must be certified to meet the treatment standards. If waste as generated meets the treatment standards for some constituents but not others, the generator must notify the TSDF that waste does not meet the land disposal restrictions (LDR) treatment standard.
 
06/05/1991TWO WASTE OIL MANAGEMENT PRACTICES REGULATORY STATUSMemo
 Description: Used oil (UO) applied/sprayed as a coal dust suppressant before burning coal as a fuel may be legitimate recycling depending on the amount used and the constituents in the UO. A UO and coal mixture is subject to the Part 266, Subpart E (SUPERSEDED: see Part 279) UO burning requirements. Characteristic UO used as a substitute ingredient for diesel in an ammonium nitrate fuel oil (ANFO) explosive may not be legitimate recycling. If UO is not a legitimate ingredient, mixing it with ammonium nitrate is treatment, and the mixture, when exploded, may be subject to the open burning/open detonation regulations of 265.382. Addresses RCRA/ Mine Safety and Health Administration (MSHA) interface. There is an overlap between EPA and MSHA, but neither agency’s jurisdiction supersedes the other’s.
 
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.
 
05/29/1991NO-MIGRATION PETITION FOR CONOCO, MTMemo
 Description: The determination of environmental threats from land treatment facilities seeking land disposal restrictions (LDR) no-migration petitions are based on sensitivity of environmental receptors, presence of exposure pathways to receptors, and exposure to contaminants at hazardous levels. Discussion of criteria required to properly assess such threats.
 
05/21/1991COMPACTING HAZARDOUS WASTE INSIDE STEEL DRUMS AS TREATMENTMemo
 Description: Compacting hazardous waste in a steel drum is treatment if the reduction in volume results in a change in the physical, chemical, or biological character or composition of the waste. Compacting in generator accumulation containers would not require a permit.
 
05/17/1991RCRA CORRECTIVE ACTION PROGRAMMemo
 Description: Discusses EPA’s long term corrective action strategy including; prioritization initiatives, stabilization policies, tailoring corrective action based on site-specific factors, future changes to RCRA Statute and regulations, and strategies for permitting interim status facilities.
 
05/09/1991SHELL OIL FACILITY - TC COMPLIANCEMemo
 Description: Infiltration galleries are not exempted by the 261.4(b)(11) groundwater injection exclusion. Treatment wastewaters from extracted petroleum-bearing groundwater are considered sludges and are not eligible for the extended toxicity characteristic compliance date (exclusion expired 1/25/93).
 
05/02/1991CLOSURE STANDARDS FOR HAZARDOUS WASTE LAND TREATMENT UNITSMemo
 Description: Soil sampling is usually required during land treatment unit closure and post-closure as part of the unsaturated zone monitoring. If the treatment unit is removed as a part of clean-closure, the soil-core monitoring may be suspended at the completion of the closure period. Discusses guidance on intervals for, and duration of, soil sampling during closure and post-closure. There is no EPA-approved methods for determining degradation rates. Closure of a land treatment unit may take up to 360 days. Discussion of closure and post-closure standards for a land treatment units when migration of hazardous constituents has occurred. Discussion of closure standards when groundwater is contaminated at levels below alternate concentration levels specified in a facility permit. The post-closure period for a land treatment unit cannot be terminated until owner or operator has successfully demonstrates that all groundwater at the site is safe for all potential receptors. Discuses addressing migration of constituents of concern outside of the treatment zone during closure versus under corrective action. There are no regulatory provisions requiring corrective action when migratory constituent concentrations exceed regulatory levels of concern in groundwater at an interim status land treatment facility (3008(h)). Discussion of when closure is considered complete.
 
05/01/1991NO-MIGRATION PETITION FOR ROBINSON, ILMemo
 Description: Guidance on the revision of an existing petition or withdrawal and resubmission of a new petition after EPA’s denial of a land disposal restrictions (LDR) no-migration petition for a land treatment unit and surface impoundment.
 
05/01/1991REGULATION OF MUNICIPAL WASTE COMBUSTION (MWC) ASHQuestion & Answer
 Description: The Clean Air Act Amendments of 1990 established a two-year exemption for characteristic combustion ash from municipal waste incinerators. The two-year moratorium covered fly and/or bottom ash from both energy recovery and municipal incinerators (SUPERSEDED: October 1, 1994, MRQ, “Status of Municipal Waste Combustion (MWC) Ash”; 59 FR 29372; June 7, 1994; 60 FR 6666; February 3, 1995, and RPC# 3/22/95-01).
 
04/26/1991SPENT PICKLE LIQUOR DELISTING PETITIONMemo
 Description: Discusses additional sampling and analysis requirements for a delisting petition of a liquid phase from lime neutralization of spent pickle liquor and associated rinsewaters (K062). A facility has 6 months to submit data before petition dismissal. A petition may be withdrawn and re-submitted.
 
04/23/1991BURNING COMPRESSOR OIL WITH AMMONIA IN SPACE HEATERSMemo
 Description: Used compressor oil containing ammonia can be burned in a space heater provided the three conditions of 266.41 are met (SUPERSEDED: See 279.23).
 
04/23/1991BURNING USED OIL GENERATED BY PRIVATE BOAT OWNERS ON-SITEMemo
 Description: Off-specification used oil generated by a private boat owners can be burned in a space heater provided the three conditions of Section 266.41 are met (SUPERSEDED: see Section 279.23).
 
04/23/1991LAND DISPOSAL RESTRICTIONS APPLIED TO EXPORTED WASTESMemo
 Description: The land disposal restrictions (LDR) apply to exported hazardous waste (HW), including notification, certification, and demonstration under 268.7(a). The treatment standards need not be met prior to disposal in another country. The regulatory status of a secondary material to be reclaimed depends on the type of material and if it is a characteristic or listed HW.
 
04/22/1991NO-MIGRATION PETITION FOR ATLANTIC REFINING & MARKETING, PAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to releases from the land treatment facility in excess of health based levels, inadequate soil and groundwater monitoring system, noncompliance with other regulatory requirements.
 
04/16/1991GENERATOR TREATMENT IN ACCUMULATION TANKS AND CONTAINERSMemo
 Description: A petition to allow generators of mixed radioactive and hazardous waste to treat on site without obtaining a permit might be unnecessary. Some types of treatment are allowable during the 262.34 accumulation period so long as the applicable management standards are met.
 
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.
 
04/12/1991NOTIFICATION OF ERRORS IN THE TECHNICAL AMENDMENT TO THE THIRD THIRD LAND DISPOSAL RESTRICTIONS (LDRS), PUBLISHED JANUARY 31, 1991Memo
 Description: Addresses the corrections to the treatment standards for K048, P003, P073, U001, U003, U154 (errata sheet for 58 FR 3877; 1/31/91, Technical Amendment to the Third Third) (SEE ALSO: current 268.40).
 
04/02/1991CLARIFICATION OF THE APPLICABILITY OF THE OIL AND GAS EXCLUSION TO CRUDE OIL RECLAIMER WASTESMemo
 Description: Wastes derived from the treatment of exempt wastes are generally exempt. If tank bottoms are created during primary field operations, wastes from the recovery of oil from the tank bottoms are exempt. Solvent wastes from cleaning tank trucks associated with oil and gas exploration and production activities are not exempt (SEE ALSO: 58 FR 15284; 3/22/93).
 
04/01/1991TREATMENT OF REINJECTED GROUNDWATER RESULTING FROM RCRA CORRECTIVE ACTIONQuestion & Answer
 Description: Both the land disposal restrictions (LDR) program and RCRA 3020 potentially restrict or prohibit the underground injection of groundwater contaminated with hazardous waste. Waste with LDR treatment standards is eligible for RCRA Section 3020(b).
 
03/29/1991SHAM INCINERATION AND TREATMENT OF K048-K052 WASTES IN CEMENT KILNS AND INDUSTRIAL FURNACESMemo
 Description: Oil cannot be added to a K048-K052 treatment cake to increase fuel value above sham recycling threshold unless the oil is originally part of waste (SUPERSEDED: see RPC# 11/8/94-01; Section 266.100). All wastes derived from listed wastes are subject to land disposal requirements (LDR) except for certain Bevill residues.
 
03/13/1991SMALL QUANTITY GENERATOR (SQG) REQUIREMENTS AND LIABILITIESMemo
 Description: If a generator receives the return copy of the manifest with the required signatures (generator, transporter, TSDF) and maintains proper records, the generator should be in compliance with RCRA Subtitle C even if the waste is subsequently remanifested and sent by the TSDF to another facility for further treatment. A generator retains potential liability under CERCLA for future mismanagement.
 
03/07/1991DELISTING PETITION - FUJI PHOTO FILM WASTEWATER TREATMENT SLUDGEMemo
 Description: The metal treatment process is not chemical conversion coating of aluminum (i.e., does not create F019) if it does not involve chromate compounds or oxide, phosphate, or chromate conversion.
 
03/04/1991USED BATTERIES RETURNED FOR REGENERATION EXEMPTIONMemo
 Description: EPA draws a clear distinction between regeneration (processing to remove contaminants to restore product) and material recovery (processing to recover material as an end product). Batteries sent for smelting are not exempt under 261.6(a)(3) (smelting is not regeneration) (SUPERSEDED: 261.6(a)(3)(ii) removed, See Part 273 and 60 FR 25535; 5/11/95). Discuses the rationale for the spent lead-acid battery rule.
 
02/27/1991MOBILE TREATMENT UNITS QUALIFIED FOR INTERIM STATUSMemo
 Description: Discusses the explanation of three criteria necessary for a facility to qualify for interim status under the toxicity characteristic (TC) rule. A mobile treatment unit may qualify for interim status at more than one location. Routine movement of a mobile treatment unit from site-to-site does not require a change in interim status. The addition of waste codes to a Part A at a interim status facility is regulated by EPA due to the TC rule in an authorized state that has not adopted the TC rule.
 
02/22/1991PERFORMANCE STANDARDS FOR DISPOSAL IN SALT DOMESMemo
 Description: RCRA Section 3004(b)(1) remains effective for salt domes until EPA promulgates specific regulations. RCRA Section 3004(b)(2) does not require promulgation of specific regulations. Subpart X would cover salt domes.
 
02/15/1991HAZARDOUS WASTEWATERS USED AS QUENCHWATER IN CEMENT PRODUCTIONMemo
 Description: The use of hazardous wastewater as an ingredient (quenchwater and slurry water) in cement production may be a regulated treatment and not exempt recycling. The determination of sham v. legitimate use is based on whether the hazardous constituents in the wastewater are necessary for the production process.
 
02/11/1991STATE INTERPRETATIONS OF THE WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: States and regions determine what is wastewater for the purpose of the wastewater treatment unit (WWTU) exemption, since EPA has not defined the term. Authorized states' interpretations of the WWTU definition and other regulations may be more stringent than EPA interpretations.
 
02/05/1991NO-MIGRATION PETITION FOR KERR-MCGEE REFINING, OKMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment facility, inadequate groundwater monitoring system, and failure to maintain minimum separation between high water table and bottom treatment zone.
 
02/05/1991POHC SELECTION FOR RCRA HAZARDOUS WASTE TRIAL BURN - USE OF 1,2,3-TRICHLOROBENZENEMemo
 Description: It is permissible to select principal organic hazardous constituent (POHC) not in Part 261, Appendix VIII if the incinerator facility demonstrates another constituent is appropriate and more suitable.
 
02/04/1991BURNING HAZARDOUS WASTE IN BOILERS AND INDUSTRIAL FURNACES (BIFS)Memo
 Description: The standards for BIFs are essentially equivalent to the proposed amendments for incinerators. The BIF regulations include performance standards for destruction and removal efficiency (DRE) of organics, hydrogen chloride, particulates, products of incomplete combustion (PIC), metals, and free chlorine. Existing BIFs must meet substantive standards to keep interim status pending permit. BIFs are subject to full permitting. Residues in general are subject to full regulations, some residues are exempt under RCRA Section 3001(b)(3)(A) (SEE ALSO Section 266.112).
 
02/01/1991PETROLEUM REFINERY WASTEWATER TREATMENT SLUDGE CLASSIFICATIONQuestion & Answer
 Description: Discusses the applicability of the F037 and F038 listings, primary/ secondary separation, and primary/ secondary treatment.
 
01/17/1991NO-MIGRATION PETITION FOR SUN REFINING, OKMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to hazardous constituents below treatment zone, inadequate groundwater monitoring system, inability to maintain minimum distance between treatment zone and high water table, and failure to demonstrate no constituents will migrate beyond the land treatment unit.
 
01/08/1991LAND DISPOSAL RESTRICTIONS REGULATION OF CYANIDESMemo
 Description: Stabilization is not an appropriate best demonstrated available technology (BDAT) for cyanides. Stabilizing cyanides violates the land disposal restrictions (LDR) dilution prohibition.
 
01/08/1991LEADED PAINT SANDBLASTING WASTE TESTING USING TCLPMemo
 Description: The land disposal restrictions (LDR) regulations continue to allow the use of either the extraction procedure (EP) or the TCLP to demonstrate compliance with the treatment standards for certain lead and arsenic wastes (SUPERSEDED: see 63 FR 28556; May 26, 1998). The TCLP is only test usable for characterization and identification of toxicity characteristic hazardous waste.
 
01/08/1991REGULATION OF OILY HAZARDOUS PETROLEUM REFINERY WASTEMemo
 Description: Fuel produced (and oil reclaimed and used as fuel) from petroleum refining, production, and transportation by processes other than normal refining operations, is eligible for the 261.6(a)(3) exemptions (SEE ALSO: 261.4(a)(12)). Provides a clarification of the petroleum refining process. Certain fuels produced from petroleum refinery wastes that are otherwise exempt under 261.6(a)(3) are hazardous waste and must be burned in BIFs or incinerators if they do not meet the used oil fuel specifications of 266.40(e) (SUPERSEDED: See 279.11).
 
01/07/1991APPLICABILITY OF ""SUPERFUND LDR GUIDES""Memo
 Description: Discusses the use of Superfund and NCP guidance at RCRA sites. The area of contamination (AOC), placement concept, and land disposal restrictions (LDR) treatability variances apply to RCRA corrective action, state, and voluntary cleanups of RCRA waste. In-situ treatment may not be placement.
 
01/03/1991MODIFICATIONS TO WASTEWATER TREATMENT SYSTEM UNDER EXCLUSIONMemo
 Description: If a manufacturing or treatment process that generates a delisted waste is modified, the facility must submit additional data to EPA. Waste from the modified process should be treated as hazardous until EPA makes a decision regarding status of exclusion.
 
01/03/1991NO-MIGRATION PETITION FOR KOCH'S REFINING, TXMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below the treatment zone and in the groundwater from the land treatment unit.
 
12/27/1990TREATMENT STANDARDS FOR CERTAIN MIXED RADIOACTIVE WASTESMemo
 Description: Merely placing waste in a tank or a container is not macroencapsulation (MACRO). A plastic or steel coating that provides reduction in surface exposure to leaching media, and jackets of inorganic materials are MACRO. Macroencapsulation does not comply with existing land disposal restrictions (LDR) standards for metals. Waste could be macroencapsulated and disposed of via a variance from a treatment standard, no-migration petition, or national capacity variance.
 
12/20/1990THIRD 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).
 
12/11/1990ASBESTOS/LEAD/SOIL/DEBRIS AS INORGANIC SOLID DEBRISMemo
 Description: Inorganic solids debris is defined as nonfriable wastes contaminated with characteristic metals that do not pass through a 9.5-mm sieve tray. Debris qualifying for a national capacity variance can be disposed of without meeting land disposal restrictions (LDR) treatment standards in a Subtitle C landfill meeting minimum technical requirements (MTR) (SUPERSEDED: see Section 268.35(e)(1)).
 
11/28/1990PROPER DISPOSAL OF OLD MEDICATIONSMemo
 Description: Household medications may be classified as household hazardous wastes and exempt from Subtitle C regulation. Disposal to the publicly owned treatment works (POTW) may be appropriate for household hazardous waste and is excluded via domestic sewage exclusion. [SUPERCEDED: EPA generally considers sewer disposal inadvisable for pharmaceuticals and discourages this practice, unless specifically required by the label (73 FR 73525).]
 
11/27/1990DRAFT SAMPLING AND ANALYSIS PLAN FOR NH PLATING COMPANYMemo
 Description: Discusses the delisting petition site-specific sampling and analysis requirements for chemically stabilized electroplating soils and sludges, as well as the use of groundwater monitoring data in the petition.
 
11/20/1990LDR 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.
 
11/19/1990SELECTION OF NON-USEPA APPROVED METHODS FOR SUBPART X PERMITSMemo
 Description: The draeger tubes and supercritical fluid chromatography is an inappropriate test method for air emissions of 11 constituents from open burning/open detonation (OB/OD). The appropriate methods is found in SW-846, Ambient Air Test Methods Compendium, OAQPS, manufacturers, and NIOSH.
 
11/15/1990Environmental Fact Sheet: Listing of Wastes from Primary Treatment of Oily WastewatersPublication
 Description: Reports on published list, from May 19, 1980, for hazardous wastes, including five wastes generated from petroleum refining. Under subsequent rulemaking, all oil/water/solid separator sludges and/or floats in primary treatment of oil wastewater from petroleum refining would be regulated under RCRA and Superfund as listed hazardous wastes.
 
11/08/1990NO-MIGRATION PETITION FOR AMOCO REFINERYMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to an inadequate groundwater monitoring system and the presence of hazardous constituents below the treatment zone at land treatment facility.
 
11/08/1990NO-MIGRATION PETITION FOR SINCLAIR OIL, OKMemo
 Description: Discusses EPA’s dismissal of a land disposal restrictions (LDR) no-migration petition due to failure to have a monitoring plan that detects migration from land treatment facility at the earliest practicable time and the presence of hazardous constituents in the groundwater.
 
11/07/1990NO-MIGRATION PETITION FOR SHELL OIL, WAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment zone, and failure to have a monitoring plan that detects migration at the earliest practicable time.
 
11/07/1990NO-MIGRATION PETITION FOR STAR ENTERPRISE, DEMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no migration petition due to the presence of constituents below land treatment zone and in groundwater.
 
11/06/1990NO-MIGRATION PETITION FOR MARATHON PETROLEUM, ILMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment unit, inadequate groundwater monitoring system, and inability to maintain minimum distance between treatment zone and high water table.
 
10/30/1990TRANSFER 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).
 
10/24/1990NO-MIGRATION PETITION FOR ARCO PRODUCTS, WAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to inadequate groundwater monitoring system, excessive hazardous constituent release to air, presence of hazardous constituents below the land treatment zone, and inability to maintain minimum separation between treatment zone and groundwater table.
 
10/18/1990USED REFRIGERANTS UNDER 40 CFR 261.2Memo
 Description: Variances from the definition of solid waste (SW) are evaluated on a case-by-case basis. Most used refrigerants being reclaimed do not qualify for a variance from the definition of SW (SUPERSEDED: see 261.4(b)(12)). Reclamation can include filtration to reinsertion into a refrigerant manufacturing unit (SUPERSEDED: see 261.4(b)(12)). Used refrigerants are spent materials, not CCPs or by-products, and are SW if reclaimed. The spent material definition carries a plain language meaning. Used refrigerant that is directly reused as a refrigerant is the continued use of a product and is not SW.
 
10/17/1990TREATMENT OF RADIOACTIVE WASTES AT HAZARDOUS WASTE PERMITTED TSDFMemo
 Description: A facility must be permitted to manage a specific type of radioactive mixed waste before treating that waste for land disposal. In a state authorized for mixed waste but not authorized for the land disposal restrictions (LDR), the facility could apply to the State or EPA for the necessary permit modifications.
 
10/14/1990LDR DETERMINATION OF WASTE STREAM DILUTIONMemo
 Description: The aggregation of wastes followed by legitimate centralized treatment is permissible dilution. Biological treatment is inappropriate for metals. Waste with land disposal restrictions (LDR) national capacity variance can be disposed if in a surface impoundment that has met minimum technical requirements.
 
10/09/1990CONTAMINATED SOIL AND DEBRIS TREATED REPLACEMENT UNDER A TREATABILITY VARIANCEMemo
 Description: Waste and residue treated under a treatability variance are regulated the same as waste treated to the applicable land disposal restrictions (LDR) standards. Soil and debris that is subject to a treatability variance are still managed as hazardous waste under contained-in policy. A variance is not that same as a delisting. An area of contamination (AOC) designated by the Region during RCRA corrective action is a RCRA unit. Waste is not subject to LDR and the unit is not subject to minimum technological requirements (MTR). Discusses corrective action management units (CAMUs).
 
10/03/1990LAND DISPOSAL OF UNTREATED HAZARDOUS WASTEMemo
 Description: The processing of a no migration petitions takes 12-18 months. The national lack of capacity for treatment, recovery, or disposal may allow a case by case extension to the land disposal restrictions (LDR) effective date. EPA proposal to grant a no migration or treatability variance that can be used to satisfy the case by case extension criteria.
 
09/28/1990LAND DISPOSAL RESTRICTIONS EFFECT ON STORAGE/DISPOSAL OF COMMERCIAL MIXED WASTEMemo
 Description: The hazardous component of mixed waste is regulated under RCRA therefore subject to land disposal restrictions (LDR) treatment standards. Discusses the overview of radioactive mixed waste, the storage prohibition, state authorization, and mixed waste (SEE ALSO: 64 FR 63464; November 19, 1999). Discusses the mixed waste national capacity variances, no-migration petitions, variances from treatment standard, and dilution prohibition.
 
09/26/1990SUBTITLE C IMPERMEABLE CAP REQUIREMENT FOR ON-SITE CONTAINMENT OF WOOD PRESERVING WASTESMemo
 Description: EPA grants ARAR waiver of landfill impermeable cap requirement for waste treated to land disposal restrictions (LDR) variance from treatment standard. The consolidation of wastes within an area of contamination (AOC), not replacement unit, does not trigger minimum technological requirements (MTR).
 
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)).
 
09/07/1990APPLICABILITY OF EXCLUSION FOR REGULATED MEDICAL WASTE THAT HAS BEEN TREATED AND DESTROYEDMemo
 Description: A medical and disinfectant waste mixture should first be evaluated against the hazardous waste criteria. Used and unused sharps are regulated medical waste. Provides definitions of treated and destroyed. Crushing is not destruction (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
09/07/1990APPLICABILITY OF PART 259 TO WASTES FROM QUALITY CONTROL PROCEDURESMemo
 Description: Autoclaving is treatment but not the destruction of regulated medical waste. Autoclaved regulated medical waste is still subject to Part 259 requirements until it is destroyed. Quality control procedures performed on medical products could produce regulated medical waste (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
09/05/1990APPLICABILITY OF PERMITTING TO MOVEMENT OF HAZARDOUS WASTE THAT DOES NOT CONSTITUTE LAND DISPOSAL Memo
 Description: Land disposal includes movement of hazardous waste (HW) into a unit, but not movement within the unit. Movement within the unit does not require a permit. Movement of HW within a unit that is associated with land treatment may require a treatment permit.
 
09/01/1990PRETREATMENT OF CHARACTERISTIC WASTES SUBJECT TO LAND DISPOSAL RESTRICTIONSQuestion & Answer
 Description: If ignitable characteristic waste (D001) is pretreated by dividing it into solid and liquid phases, the solid phase is no longer regulated if not characteristic. Phase separation is considered a new point of generation. Notification and certification requirements do not apply to the solid phase. Separation may be acceptable pretreatment if the liquid phase is treated to meet treatment standards.
 
08/30/1990CAPACITY VARIANCES AND UNDERGROUND INJECTIONMemo
 Description: An underground injection capacity variance may apply to a facility generating injected waste from treatment. Multi-source leachate wastewater that is deep-well injected is granted a two-year capacity variance. Facilities with approved no-migration petitions do not need a capacity variance.
 
08/24/1990LEAD AND ARSENIC WASTES TREATMENT STANDARDSMemo
 Description: Either the TCLP or extraction procedure (EP) can be used to demonstrate compliance with land disposal restrictions (LDR) treatment standards for lead and arsenic (SUPERSEDED: see 63 FR 28556; May 26, 1998). EP is no longer used for purposes of hazardous waste identification.
 
08/23/1990TREATMENT STANDARDS AND THE BEVILLE EXCLUSIONMemo
 Description: Waste with technology land disposal restrictions (LDR) treatment standard must be treated to that standard. If the method is incineration (INCIN), the waste must be treated in an incinerator subject to Part 264 Subpart O or Part 265 Subpart O. Restricted wastes sent to a Bevill device or a BIF is still subject to LDR notification. Discusses a proposal to determine if resides from the co-processing of Bevill raw materials and hazardous waste remain excluded (SUPERSEDED: see Section 266.100).
 
08/15/1990TANK 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.
 
08/13/1990K001, P093, AND U059 CONTAMINATED SOIL TREATMENT STANDARDSMemo
 Description: Discusses the applicability of land disposal restrictions (LDR) to soil contaminated with multiple listed and characteristic wastes. If a waste with multiple codes has one code that is subject to national capacity variance, then the waste must meet all applicable standards during variance. Contaminated soil eligible for national capacity variance without further treatment (SEE ALSO: 63 FR 28556; May 26, 1998).
 
08/08/1990APPLICABILITY OF MEDICAL WASTE REGULATIONS TO INCONTINENCE PRODUCTSMemo
 Description: Waste from the treatment of incontinence is not specifically designated as medical waste but may be regulated when it is contaminated with blood or other regulated body fluids (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
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.
 
08/02/1990APPLICABILITY OF F019 LISTING TO WASTEWATER TREATMENT SLUDGE FROM THE TIN COATING OF ALUMINUMMemo
 Description: The non-electrolytic tin phosphate coating of aluminum is chemical conversion coating. Wastewater treatment sludge from the phosphate coating process is F019, even if no hazardous constituents or characteristics are present.
 
08/01/1990DEFINITION OF A USED OIL MARKETERQuestion & Answer
 Description: A used oil (UO) generator who markets UO to a blender who blends it at one site and burns it at another is not a marketer. A blender who sends UO off-site to a burner is a marketer, even if the blender and the burner are owned by the same company (SUPERSEDED: See Section 279.1).
 
08/01/1990POINT OF GENERATIONQuestion & Answer
 Description: Co-mingled corrosive wastes (D002), which neutralize each other subsequent to the point of generation are individually subject to land disposal restrictions (LDR) (SUPERSEDED: wastes discharged under the CWA are not subject to land disposal restrictions; SEE ALSO: 61 FR 15660; 61 FR 33681).
 
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.
 
07/31/1990MULTI-SOURCE LEACHATE AND TREATMENT STANDARDS OF LAND DISPOSAL RESTRICTIONSMemo
 Description: Waste codes not required on the manifest. A TSDF may rely on waste analysis data from the generator, but the TSDF must periodically test representative samples. A lab may certify for land disposal restrictions (LDR) as representative of the waste handler. Waste analysis parameters. Stabilization of cyanide to reduce leachability is an inappropriate treatment and generally impermissible dilution. No dilution of toxicity characteristic wastes if land disposed. Generators must determine characteristics. If a listed treatment standard addresses the characteristic, it operates in lieu of characteristic (even if less stringent). Prohibited waste only placed in a minimum technological requirement (MTR) surface impoundment if meets treatment standards, variance or extension, or 268.4. Notice and certification for de-characterized waste is sent to the implementing agency. F039 HSWA. Permitted TSDFs with F039 submit Class 1 modification by 8/8/90. Lab packs must be burned in Subpart O incinerator, not cement kilns.
 
07/30/1990SUBMARINE REACTOR COMPARTMENTS - LAND DISPOSAL RESTRICTIONSMemo
 Description: Lead reactor compartments may meet the land disposal restrictions (LDR) treatment standard of macroencapsulation for D008, radioactive lead solids as generated. Compliance with the technology-based standard does not require that waste undergo TCLP analysis.
 
07/25/1990THIRD THIRD REVISIONS TO F024 TREATMENT STANDARDSMemo
 Description: Pending the effective date of revised F024 treatment standards or a correction notice establishing an immediate effective date, treatment standards promulgated in the Second Third remain in effect (SEE ALSO: current 268.40).
 
07/16/1990PHOTOGRAPHIC FIXER RECYCLINGMemo
 Description: Precious metal reclamation (silver) from used photographic fixer is subject to Part 266, Subpart F. Used fixer removed for processing due to contamination is spent material. Used fixer sold for further use is not spent material, but continued use of a product. Electrolytic treatment filtration and fixer solution fortifying is reclamation. Used fixer that is spent for a customer's purposes is a solid waste when reclaimed, even though could be used by another person.
 
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.
 
07/02/1990SHARPS ARE CLASS 4 REGULATED MEDICAL WASTEMemo
 Description: EPA does not have the authority to approve medical treatment technologies and does not endorse specific commercial products. Containment and/or management of medical waste at point of generation is regulated by OSHA (SEE ALSO: 60 FR 33912; 6/29/95).
 
06/25/1990F024 REVISED TREATMENT STANDARDSMemo
 Description: The Third Third revised the F024 treatment standard from a concentration standard to incineration. Pending effective date for new standard or correction notice establishing an immediate effective date, the Second Third treatment standard remains in effect.
 
06/25/1990LEAD-BEARING WASTES TREATMENT STANDARDSMemo
 Description: The TC (toxicity characteristic) is effective 9/25/90. There are different TC compliance dates for LQG (9/25/90) and SQG (3/29/91). D008 (lead) wastes that fail TCLP but pass EP (extraction procedure) are considered in compliance with D008 treatment standard and can be land disposed (SUPERSEDED: see 63 FR 28556; 5/26/98).
 
06/21/1990IMPACT OF THE MEDICAL WASTE REGULATIONS ON THE AGRICULTURAL INDUSTRYMemo
 Description: Wastes generated during agricultural activities (e.g., treatment of animals and production or testing of biologicals) which meet the definition of regulated medical waste are subject to Part 259 (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
06/19/1990STABILIZED WASTE PICKLE LIQUOR FROM STEEL/IRON INDUSTRYMemo
 Description: Lime-stabilized K062 spent pickle liquor is not exempt from the derived-from rule if characteristic. For the exemption, the K062 must be stabilized at an iron and steel manufacturer. Lime stabilization at a commercial TSDF does not qualify.
 
06/18/1990MAILING SHARPS UNDER THE MEDICAL WASTE PROGRAMMemo
 Description: Discussion of the general packaging and labeling requirements for treated versus untreated medical waste. Discussion of the transporter exemption when mailing sharps through USPS (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
06/14/1990PERSONAL PROTECTIVE GEAR DISPOSALMemo
 Description: Lead-contaminated personal protective equipment (PPE) or gear is subject to land disposal restrictions (LDR). Hazardous waste eligible for a national capacity variance may be disposed without treatment in a minimum technological requirement (MTR) landfill or surface impoundment if the waste is below California list prohibition levels (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
06/13/1990USED OIL AND IDENTIFICATION OF LISTED HAZARDOUS WASTEMemo
 Description: F001-F005 "before use" is before use at the facility, not when purchased. If pure solvent was purchased, diluted below 10% concentration, and used as solvent, the waste is not F001-F005. Solvent before use has any amount F003 and 10% total F001, F002, F004, or F005, waste F003 and other applicable F001-F005 listings. The K list applies only to wastes from industrial sources in the listing description. In general, the primary SIC code for a facility does not dictate if the facility is within the K-list category. A commercially pure /technical grade undefined for the P- and U-lists. It can include purity grades marketed or in general use by industry. Part 266, Subpart E (SUPERSEDED: see Part 279) applied to used oil (UO) not mixed with listed hazardous waste burned for energy recovery. Characteristic UO recycled in manner other than burning for energy recovery is not subject to RCRA (SUPERSEDED: see Part 279).
 
06/12/1990CHEMICAL ETCHING PROCESS-HAZARDOUS WASTE IDENTIFICATIONMemo
 Description: Bright dipping is chemical etching, a type of electroplating. Wastewater treatment sludge from the bright dipping process is F006.
 
06/04/1990REGULATORY INTERPRETATION OF OBJECTION TO CLEAN-CLOSURE EQUIVALENCY PETITION FOR STEEL ABRASIVES, INC.Memo
 Description: All landfills, surface impoundments, waste piles, and land treatment units that received waste after July 26, 1982 are subject to post-closure permitting and Part 264 Subpart F standards unless the owner demonstrates that closure under the previous Part 265 standards met Part 264 closure by removal standards (SUPERSEDED: See 63 FR 56711; October 22, 1998). Under RCRA 3005(i), EPA has the authority to revisit interim status clean closures and require post-closure permits if closure does not meet closure by removal standards of Part 264. In order to demonstrate clean closure, an owner generally should remove “hot spots” of contamination.
 
06/01/1990APPLICABILITY OF WASTEWATER TREATMENT UNIT EXEMPTIONMemo
 Description: Discussion of wastewater treatment unit (WWTU) applicability to connected tanks located at different properties. Tanks at different facilities that ultimately discharge to the same CWA outfall can all qualify as WWTUs if each facility or tank and effluent is identified or controlled by NPDES permit or other CWA effluent limit.
 
06/01/1990THE DEFINITION OF F001-F005 WASTEWATERQuestion & Answer
 Description: The terms “solvent-water mixture,” “F001-F005 wastewater,” and “aqueous solvent waste” are equivalent for the purposes of land disposal restrictions (LDR) treatment standards for solvent wastewaters (SUPERSEDED: Section 268.2(f)(1) definition of solvent-water mixture deleted, see 61 FR 15588; April 8, 1996).
 
05/24/1990MAGNESIUM SULFATE VS. ALUMINUM SULFATE DELISTING PETITIONMemo
 Description: A change in the hazardous waste treatment process may produce a new wastestream not covered by the delisting petition granted in the past. As a result, the delisting may be reevaluated using new health-based levels and other current delisting criteria.
 
05/11/1990APPLICABILITY OF MEDICAL WASTE REGULATIONS TO INCONTINENCE PRODUCTSMemo
 Description: Items used in the treatment of incontinence are not specifically listed as regulated medical waste. They may be regulated if contaminated with blood or other regulated body fluids, or if contaminated with fluids from humans with highly communicable diseases.
 
05/08/1990Environmental Fact Sheet: Final Rule for Third Third Scheduled Wastes Completes Statutory Requirements for Land Disposal RestrictionsPublication
 Description: This fact sheet explains the fifth in the series of five land disposal restrictions (LDR) rulemakings. This rule establishes treatment standards and effective dates for Third Third wastes, including characteristic wastes and soft hammer wastes from the First and Second Third lists. The treatment standards apply to hazardous wastes that are land disposed, including those injected into deep wells.
 
05/08/1990Environmental Fact Sheet: Milestone! Fifth Rulemaking Finalizes Land Disposal RestrictionsPublication
 Description: This fact sheet discusses a final rule that completes a six-year program for land disposal restrictions (LDRs). The rule establishes treatment standards for wastes listed or identified before November 8, 1984. Hazardous waste management facilities must test treated waste to verify that it meets the standard, and land disposal facilities must ensure that all waste disposal complies with LDRs.
 
05/07/1990APPLICABILITY OF MEDICAL WASTE REGULATIONS TO INCONTINENCE PRODUCTSMemo
 Description: Waste from the treatment of incontinence is not specifically designated as a medical waste, but may be regulated if contaminated with regulated medical waste (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
05/01/199040 CFR SECTION 261.4(C): HAZARDOUS WASTES WHICH ARE EXEMPTED FROM CERTAIN REGULATIONSQuestion & Answer
 Description: The exclusion for manufacturing process units, associated non-waste treatment units, or product/raw material storage tanks does not apply to units, such as heat exchangers (K050), that are disassembled and shipped off-site for cleaning.
 
04/27/1990DEGRADATION, TRANSFORMATION OR IMMOBILIZATION IN TREATMENT ZONEMemo
 Description: The land treatment facility requirement for complete degradation, transformation, or immobilization in the treatment zone means that there will be no statistically significant release to the environment from the treatment zone.
 
04/20/1990MEDICAL WASTE TREATMENT AND DESTRUCTION EXCLUSIONMemo
 Description: There is no EPA authority to approve and/or disapprove medical waste treatment technologies. Medical waste that has been both treated and destroyed is no longer subject to tracking requirements. Chemical disinfection followed by encapsulation in plastic bottle is insufficient (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
04/19/1990CHLORINE EMISSIONS FROM HAZARDOUS WASTE INCINERATORSMemo
 Description: Possible proposed amendment to monitor free chlorine in addition to hydrogen chloride emissions for incinerators (See 61 FR 17358; April 19, 1996 proposal).
 
04/17/1990MARTIN MARIETTA - F019 WASTE LISTING DETERMINATIONMemo
 Description: Wastewater from chemical conversion coating of aluminum (electroplating waste) retains its identity while passing through the treatment train. Sludges generated in an initial treatment unit and subsequent units are all F019.
 
04/16/1990EXCLUSION FOR REGULATED MEDICAL WASTE RESIDUES FROM TREATMENT AND DESTRUCTION PROCESSES- DESTRUCTION CRITERIONMemo
 Description: Medical waste is subject to regulation until it has been both treated and destroyed. Discussion of the definition of destroyed medical waste (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
04/12/1990CADMIUM WASTES FROM MILITARY COATING MATERIALSMemo
 Description: Cadmium wastes from coating materials and spent sacrificial anodes generated by military operations may be F-listed electroplating, heat treating, or aluminum conversion coating wastes (F006, F019, F007, F008, F009, F010, F011, F012) or may exhibit EP (extraction procedure) Toxicity for cadmium (SUPERSEDED: see Section 261.24).
 
04/12/1990EXCLUSION FOR REGULATED MEDICAL WASTE RESIDUES FROM TREATMENT AND DESTRUCTION PROCESSESMemo
 Description: Autoclaving is treatment, not destruction. Discarded test kits from QA/QC procedures with biologicals or body fluids are medical waste (MW). Almost all cultures/stocks from a medical or pathological lab are regulated MW. Infectious agents include some Center for Disease Control (CDC) etiological agents (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
04/09/1990COAL ASH AS A SOLID WASTEMemo
 Description: EPA supports the beneficial use of coal ash (exempt under Section 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes) through Federal procurement guidelines and the use of fly ash as a stabilizing medium in setting land disposal restrictions (LDR) treatment standards. RCRA defines coal ash as a solid waste. States may regulate coal ash more stringently.
 
04/06/1990CERCLA RESPONSE ACTIVITIES AND THE LAND DISPOSAL RESTRICTIONS PROGRAM’S APPLICABILITY AT PLATTSBURGH AIR FORCE BASEMemo
 Description: National capacity variance wastes must be disposed in a minimum technological requirement (MTR) unit (SEE ALSO: 268.5). Discussion of the applicability of the land disposal restrictions (LDR) to CERCLA (ARAR). Disposal within an area of contamination (AOC) is not subject to minimum technological requirements. Discussion of treatability variances at CERCLA sites. DDT is a halogenated organic compound (HOC).
 
04/06/1990RETORTED OIL SHALE AND COAL FLY ASHMemo
 Description: Discusses the determination that coal combustion waste streams generally do not exhibit hazardous characteristics. No federal regulations specific to oil shale, but EPA is in the process of developing Subtitle D guidance known as Strawman.
 
04/02/1990NEW WASTE STREAMS AT INTERIM STATUS FACILITIESMemo
 Description: Discusses the applicability of Section 270.72(a)(1) to previously unregulated facilities that gain interim status due to a new waste listing or characteristic.
 
03/29/1990INCINERATOR RESIDUES FROM TRIAL BURNMemo
 Description: The residues from an incinerator trial burn that uses carbon tetrachloride and chlorobenzene are U211 and U037. Using a material for an incinerator trial burn is intent to dispose.
 
03/29/1990MUNICIPAL WASTE COMBUSTION ASHMemo
 Description: Municipal combustion ash exhibiting a characteristic of hazardous waste would be subject to Subtitle C regulation. Ash generated by energy recovery facilities are not specifically exempt from Subtitle C regulation (SEE ALSO: 3/22/95-01; 59 FR 29372; June 7, 1994, 60 FR 6666; February 3, 1995 and 10/1/94-02).
 
03/19/1990RECYCLING EXCLUSION OF WASTESMemo
 Description: Industrial wastewater containing VOCs that is used as an ingredient in cement is a solid waste if the cement is applied to the land. If the owner/operator of a cement kiln documents that none of the cement produced using wastewater is applied to the land, wastewater may not be a solid waste. The determination of wastewater as an effective substitute is based on whether the constituents in the substitute water are desired ingredient of the product or are being treated.
 
03/15/1990BERYL PLANT AND RAFFINATE DISCARD CLASSIFICATIONMemo
 Description: Bevill exempt beneficiation operations include crushing, grinding, solvent extraction, and stripping. Melting that resembles smelting is a processing operation. All steps following the initial processing step are considered processing operations.
 
03/07/1990WASTE CODES AND TREATMENT RESIDUESMemo
 Description: All residues (scrubber water) from burning listed hazardous waste carry a listing code via the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). Land disposal restrictions (LDR) standards for derived-from waste are based on the original treatment standard. Where multiple treatment standards apply, the most stringent standard must be met for common constituents of concern.
 
03/01/1990BULKING OR CONTAINERIZING COMPATIBLE HAZARDOUS WASTES FOR TRANSPORTATIONMemo
 Description: Bulking or consolidating hazardous waste (HW) shipments for transport may not be treatment. Mixing different HW for fuel is blending subject to permit. The state or Region decides if it is treatment. Fuel blending is not defined. Discussion of blending versus bulking. Non-generator blending tanks need a permit. Blenders must ensure significant heating value (SUPERSEDED: See RPC# 11/8/94-01).
 
03/01/1990DEFINITION OF REGULATED MEDICAL WASTE APPLICABLE TO INTRAVENOUS BAGS GENERATED BY VETERINARIANSQuestion & Answer
 Description: Veterinarian’s spent intravenous (IV) bags are regulated medical waste (RMW).Residues from the treatment and destruction of regulated medical waste are excluded from the definition of regulated medical waste. Cutting IV bags into strips so that they are no longer recognizable as regulated medical waste is not adequate treatment (SUPERSEDED: see 60 FR 33912; June 29, 1995).
 
03/01/1990ON-SITE INCINERATION OF MEDICAL WASTE GENERATED OFF-SITE BY GENERATORS OF LESS THAN 50 POUNDS PER MONTHQuestion & Answer
 Description: Hospitals incinerating medical waste from off-site generators of less than 50 pounds of medical waste per month need to comply with Part 259, Subpart G, but are not subject to Part 259, Subpart I (SUPERSEDED: see 60 FR 33912; June 29, 1995).
 
03/01/1990TREATMENT STANDARDS FOR METHANOL WHICH DOES NOT MEET THE F003 LISTINGQuestion & Answer
 Description: A generator need not include the methanol treatment standard in the land disposal restrictions (LDR) notification for F003 waste xylene with traces of methanol used as a fuel. The use of a solvent as a reactant or ingredient is not solvent use meeting listing (SUPERSEDED: no treatment standard on notification, see new 268.7(a)(2)).
 
03/01/1990USED OIL USED FOR DUST SUPPRESSION OR ROAD TREATMENTQuestion & Answer
 Description: Used oil that exhibits the toxicity characteristic is prohibited from placement on the land for dust suppression or road treatment. The use of used oil for dust suppression or road treatment is use in a manner constituting disposal (SEE ALSO: 279.82).
 
03/01/1990USED OIL USED FOR DUST SUPPRESSION OR ROAD TREATMENTQuestion & Answer
 Description: Used oil that exhibits the toxicity characteristic is prohibited from placement on the land for dust suppression or road treatment. The use of used oil for dust suppression or road treatment is use in a manner constituting disposal (SEE ALSO: Section 279.82).
 
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.
 
02/13/1990RECYCLING OF K061 AS AN INGREDIENT IN CEMENTMemo
 Description: Discussion of the legitimacy of K061 as an exempt ingredient claim. K061 in cement is not exempt for reuse because it is used in manner constituting disposal. Discussion of a sham determination. K061 cement must meet land disposal restrictions (LDR) for high zinc treatment standard metal recovery and cannot be land disposed (SUPERSEDED: see 268.40). The land application presumption is rebuttable.
 
02/09/1990DINOSEB FORMULATIONS, REGULATORY STATUSMemo
 Description: Discussion of the CESQG. A generator may treat hazardous waste up to 90 days without a permit. Dinoseb sole active ingredient in formulation is P020. Dinoseb and naptalam active ingredients are not listed. Dinoseb major constituent (95%) is a technical grade CCP and is listed if discarded unused. Dinoseb salts are not included.
 
02/01/1990EXCULTION FOR REGULATED MEDICAL WASTE RESIDUES THAT HAVE BEEN TREATED AND DESTROYEDMemo
 Description: Autoclaving is legitimate treatment but not a legitimate destruction method;. Generators who treat and destroy on-site must comply with the Part 259 storage requirements before treatment/destruction. A QA/QC performed on test kits may generate regulated medical waste. Discussion of microorganisms (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
01/16/1990REGULATION OF RADIOPHARMACEUTICALS UNDER THE MEDICAL WASTE TRACKING ACTMemo
 Description: Radioactive decay is treatment of radioactive component of radiopharmaceutical but is not treatment of the infectious portion. A facility that recovers residual radiopharmaceutical materials is an intermediate handler (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
01/01/1990LAND DISPOSAL RESTRICTIONS - LAB PACKSQuestion & Answer
 Description: Lab packs containing restricted wastes are prohibited from land disposal. EPA has proposed alternate treatment standards for lab packs (SUPERSEDED: see 59 FR 48003; September 19, 1994).
 
01/01/1990TREATMENT - TWO PARTS TO DEFINITIONQuestion & Answer
 Description: The definition of treatment has two parts. Consolidating waste to facilitate disposal is treatment if mixing makes the waste less hazardous or safer to transport. Unless excluded a person treating and/or storing hazardous waste must have a permit
 
12/20/1989APPLICABLE LAND DISPOSAL RESTRICTIONS TO REINJECTION OF TREATED CONTAMINATED GROUNDWATER UNDER CERCLA AND RCRA CORRECTIVE ACTIONSMemo
 Description: RCRA 3020 allows reinjection of contaminated groundwater that contained hazardous waste into aquifer from which it was withdrawn. Discusion of the applicability of land disposal restriction (LDR) treatment standards to the reinjection of treated contaminated groundwater associated with CERCLA and RCRA cleanup or corrective action.
 
11/28/1989CALIFORNIA LIST HOC LAND BAN REGULATIONSMemo
 Description: Household hazardous waste (HHW) regulated on the state level is not subject to the Federal land disposal restrictions (LDR) program. Nonliquid waste containing one halogenated organic compound (HOC) must be incinerated unless a more specific treatment standard exists for the HOC. Nonliquid wastes with multiple HOCs must be incinerated unless a specific treatment standard has been established for at least one HOC in waste (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
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).
 
11/01/1989TREATABILITY STUDIES SAMPLE EXCLUSIONQuestion & Answer
 Description: The scope of the treatability studies sample exclusion includes returning the sample to the generator or the sample collector after completion of the treatability study.
 
10/31/1989APPLICABILITY OF EXEMPTION FOR REGULATED MEDICAL WASTE THAT HAS BEEN TREATED AND DESTROYEDMemo
 Description: Applicability of Part 259 to waste pucks from syringe disposal system. Only waste that has been treated and destroyed is no longer regulated medical waste (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
10/20/1989DISPOSAL OR RECLAMATION OF RAGSMemo
 Description: Rags contaminated with volatiles and F-listed solvents through wipe down and cleaning processes may be incinerated or laundered (SUPERSEDED: see RPC# 2/14/94-01).
 
10/20/1989RAGS AND SIMILAR MATERIALS ABSORBING VOLATILES AND F-WASTES, HANDLINGMemo
 Description: Rags contaminated with volatiles and F-listed solvents through wipe down and cleaning processes may be incinerated or laundered (SUPERSEDED: see RPC# 2/14/94-01).
 
10/17/1989BURNING OF USED OILMemo
 Description: A used oil burner does not need a permit. Off-specification used oil burned in a space heaters must be from household Do-It-Yourselfers (DIYs), or be generated by an used oil burner. Off-specification used oil must be burned in space heater, industrial boiler, or industrial furnace. There are no restrictions on burning on-specification used oil.
 
10/17/1989INCINERATOR METALS EMISSIONS CONTROLSMemo
 Description: The use of health based levels ensures corrective measures are required only when health risk present. The appropriate risk level for pollutants is based on case specific factors. Presuming all chromium to be hexavalent is conservative. EPA is considering revising the particulate matter standard for incinerators in the future.
 
10/06/1989WASTEWATER TREATMENT SLUDGES CONTAINING METHANOLMemo
 Description: Wastewater treatment sludges containing small quantities of methanol are not necessarily listed or characteristic hazardous waste. Even if such waste is not hazardous under federal rules, more stringent or broader-in-scope state regulations can trigger regulation.
 
10/04/1989RECOVERY KILN AS AN INDUSTRIAL FURNACEMemo
 Description: Controlled flame combustion units that are not boilers, and are not on the list of industrial furnaces, are incinerators (SEE ALSO: 56 FR 7134; February 21, 1991). A “recovery kiln” for contaminated soils is an incinerator.
 
10/01/1989CLARIFICATION OF F019 LISTING AND APPLICABILITY TO OTHER WASTEWATER TREATMENT SLUDGESQuestion & Answer
 Description: Supernatant from the treatment of wastewaters from the chemical conversion coating of aluminum is not F019. Supernatant is hazardous if characteristic or if mixed with a listed sludge. Filtrate from a listed sludges is not hazardous via derived-from rule if similar to influent wastewater. Supernatant in which sludges are accidentally resuspended are listed.
 
10/01/1989MEDICAL WASTE: REGULATED MEDICAL WASTE DEFINITIONQuestion & Answer
 Description: Unused sharps from assembly factory sent for disposal are not regulated medical waste. Medical waste must be generated in diagnosis, treatment, or immunization of human beings or animals, or in research or biological testing (SUPERSEDED: medical waste tracking program no longer in effect - See 60 FR 33912; June 29, 1995).
 
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.
 
09/12/1989AEROSOL CAN PUNCTURING, CRUSHING, OR SHREDDING, NON-EMPTYMemo
 Description: Puncturing, shredding, and crushing non-empty aerosol cans may meet the definition of hazardous waste treatment. The appropriate EPA Region or authorized State is in the best position to make this determination.
 
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.
 
09/01/1989CLARIFICATION OF LAND DISPOSAL RESTRICTIONS FOR UNDERGROUND INJECTED WASTESQuestion & Answer
 Description: Generators are still subject to the land disposal restrictions (LDR) notification requirements during variance from treatment standards for wastes disposed of in an UIC wells. During the variance, notification must indicate that the waste need not meet the treatment standard (SEE ALSO: 60 FR 43654; August 22, 1995).
 
08/28/1989RECORDKEEPING FOR ON-SITE INCINERATORS OF MEDICAL WASTEMemo
 Description: Using the weight-averaging method to estimate the quantity of a regulated medical waste incinerated is acceptable for incinerator recordkeeping. Records should indicate incinerated quantity, by weight (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
08/23/1989REGULATORY STATUS OF F006 RECLAMATION PROCESSMemo
 Description: In order for slag residue derived from the processing of F006 and destined for use as an aggregate substitute to qualify as legitimately recycled, slag must be analogous to the normal feedstock it is replacing. The technical feasibility of using slag as substitute for aggregate does not mean slag recycling is legitimate. The state or Region determines the legitimacy of recycling on a site-specific basis. Persons claiming materials being recycled are not solid wastes must be able to document that there is a known (not potential) market for the recycled material. Discussion of sham recycling of F006 electroplating sludges. Slag derived from the treatment of F006 is also F006 in the absence of any exemptions.
 
08/21/1989WASTEWATER TREATMENT SLUDGES RESULTING FROM METAL CLEANING PROCESSMemo
 Description: The use of an electrical current is not a prerequisite for a process to be considered an electroplating operation for purposes of F006 listing (e.g., chemical etching does not involve an electrical current, but sludges from treating wastewaters from chemical etching meet F006 listing). Cleaning must be associated with electroplating operations for sludges from treatment of cleaning bath to be F006.
 
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.
 
07/28/1989TEL GASOLINE SLUDGE DISPOSALMemo
 Description: Leaded tank bottoms from the petroleum refining industry are listed hazardous waste (K052) subject to land disposal restrictions (LDR). Solvent extraction and incineration is best demonstrated available technology (BDAT) for gasoline sludge waste. A temporary variance may be granted.
 
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.
 
07/05/1989CHARACTERISTIC HAZARDOUS WASTE OR SOLID WASTE TREATMENT MAY CREATE A LISTED HAZARDOUS WASTEMemo
 Description: Waste derived from the treatment of waste listed solely for exhibiting a characteristic (e.g., F003) is listed unless mixed with solid waste and the mixture no longer exhibits a characteristic (SUPERSEDED: 66 FR 27266; 5/16/01; SEE ALSO RPC# 11/4/92-01). The treatment of nonhazardous or characteristic electroplating wastewater can generate a listed F006 sludge, whether treatment occurs at generator facility or off-site TSDF.
 
07/01/1989CHANGES TO INTERIM STATUS FACILITIESQuestion & Answer
 Description: Interim status facility may build a new incinerator if the owner or operator complies with the change of interim status requirements, the change is approved by Regional Administrator (RA), and the change is not prohibited by 50% reconstruction limit. A facility must submit a revised Part A permit application under changes during interim status.
 
07/01/1989MEDICAL WASTE GENERATORSQuestion & Answer
 Description: Medical waste generator responsibilities for maintaining incineration logs and submitting reports (SUPERSEDED: no longer in effect, Part 259 removed from 40 CFR; See 60 FR 33912; June 29, 1995).
 
06/26/1989MIXED 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.
 
06/05/1989REGULATORY 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)
 
05/16/1989DELAY OF CLOSURE PERIOD FOR HWM FACILITIESMemo
 Description: Under limited circumstances, landfills, surface impoundments, and land treatment units may remain open after the final receipt of hazardous waste in order to receive nonhazardous waste.
 
05/15/1989USED OIL BURNED FOR ENERGY RECOVERY, INTERPRETATION OF SUBPART EMemo
 Description: The rebuttable presumption is not limited to the generator of used oil (UO). Any person in possession of UO containing greater than 1000 ppm total halogens must be able to rebut the presumption. If UO failing the presumption is sprayed on (mixed with) coal, then the coal/oil mixture is a hazardous waste fuel that is subject to 266 Subpart D (SUPERSEDED: See 266 Subpart H), even if it has less than 1000 ppm total halogens after mixing. The 1000 ppm limit is not a health-based characteristic, but rather is based on mixing data.
 
05/12/1989PROCEDURE FOR APPLYING EP TOXICITY TEST TO BLAST SLAG AT SECONDARY LEAD SMELTERSMemo
 Description: Discussion of the proper procedure for testing blast slag at secondary lead smelter according to extraction procedure (EP) toxicity test (SUPERSEDED: See 261.24). Reconciliation of particle reduction step with structural integrity requirement.
 
05/05/1989PLACEMENT OF STABILIZED WASTES THAT DO NOT MEET LAND RESTRICTION REQUIREMENTSMemo
 Description: Waste must meet treatment standards before it is placed in a land disposal unit. A land disposal restrictions (LDR) equivalent method variance may be granted if the technology is equivalent or better than best demonstrated available technology (BDAT). A no-migration variance must be based on the period that the waste is hazardous. Bulk or non-containerized liquid hazardous waste must pass the paint filter liquids test prior to placement in a landfill.
 
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.
 
04/27/1989APPLICABILITY OF MEDICAL WASTE TRACKING REGULATIONS FOR INDUSTRIAL FURNACESMemo
 Description: Ash from incinerating regulated medical waste is no longer subject to Part 259. Lime and cement kilns may qualify as destination facility, treatment and destruction facility (SEE ALSO: 60 FR 33912; 6/29/95).
 
04/26/1989RECYCLING OF ELECTROPLATING SLUDGES (F006) FOR CEMENT/AGGREGATE MANUFACTUREMemo
 Description: Discussion of sham recycling. Lists criteria to be used in deciding whether processing of secondary material is legitimate recycling or regulated hazardous waste treatment and sham recycling. Cement kiln dust (CKD) generated when F006 is used as ingredient is only exempt if CKD chemical makeup is not significantly affected by the use of hazardous waste (SUPERSEDED: see 266.112). F006 destined for use as ingredient in aggregate, cement, or other products to be placed on the land is regulated as a hazardous waste from the point of generation forward until 266.20(b) is satisfied. Smelting or recovering metals from F006 is not subject to regulation (SEE ALSO: Part 266, Subpart H). Smelter slag residue from F006 metal recovery is hazardous waste via derived-from rule (SEE ALSO: 261.3(c)(2)(ii), 266.20(c), and 59 FR 67256; 12/29/94).
 
04/19/1989GENERATOR TREATMENT OF F006 ELECTROPLATING SLUDGEMemo
 Description: Stabilizing F006 compounds prior to thermal drying is hazardous waste treatment. A permit is not needed if the unit is exempt under 270.1(c)(2) or if treatment occurs in generator accumulation units in compliance with 262.34. A permit is required if thermal treatment of hazardous waste is involved.
 
04/14/1989PLASTIC PACKING MEDIA FROM AIR STRIPPING TOWER TREATING CONTAMINATED GROUNDWATERMemo
 Description: Volatilization qualifies as treatment. Filter material used in the treatment of F001-contaminated groundwater is subject to regulation since media contains F001 under the contained-in policy. The derived-from rule does not apply and delisting is not needed, but media must be handled as hazardous waste until handler demonstrates that it no longer contains F001.
 
03/31/1989EPA POLICY ON WHETHER VENTING/PUNCTURING AEROSOL CANS IS TREATMENTMemo
 Description: Whether venting and/or puncturing aerosol cans constitutes treatment per 260.10 is under review. In the meantime, consult Regional guidance or take the conservative approach that it does constitute treatment.
 
03/27/1989FLUE DUST AND METAL HYDROXIDE SLUDGE RECYCLING/RECLAMATIONMemo
 Description: Flue dust generated by an air pollution control device in a brass mill is a characteristic sludge. Metal hydroxide sludge generated in a wastewater treatment unit at a brass mill is a characteristic sludge. Characteristic sludges from air and water pollution control devices are not solid wastes from the point of generation forward if sludges are destined for reclamation in a manner not involving placement on land. A generator must document the claim that a sludge is excluded from the solid waste definition.
 
03/27/1989STORAGE PERMIT FOR FACILITIES INVOLVED IN HAZARDOUS WASTE RECYCLINGMemo
 Description: Hazardous waste fuel blending tanks are subject to storage regulations (not exempt recycling units). Federal regulations do not specify an allowable holding time before off-loading a shipment of hazardous waste into the recycling process. Some States may allow up to 24 hours before a storage permit is required.
 
03/23/1989POSTPONEMENT OF A LAND TREATMENT DEMONSTRATION FOR NAVAJO REFINING CO., ARTESIA, NMMemo
 Description: A permit can be appealed for reasons other than those received during comment. The effective date of a treatment demonstration does not affect the effective date of the permit. EPA can require a treatment demonstration through the omnibus provision (3005(c)(3)). Addresses the regulatory status of a facility with a two-phase permit, and the applicability of public notice and comment to changes in a land treatment demonstration start date .
 
03/20/1989PERMIT REQUIREMENTS FOR ZERO WASTEWATER TREATMENT SYSTEMMemo
 Description: A "zero discharge" wastewater system must have NPDES permit, applicable effluent guideline, or pretreatment standard specifying zero discharge to qualify as wastewater treatment unit (WWTU). A zero discharge system returning all treated water to production avoids CWA rules but does not automatically qualify for the totally enclosed treatment unit (TETU) exemption. A wastewater treatment system using open tanks and not restricting escape of contaminant to air is not a TETU. Illegal discharge of hazardous waste to river may be "subject to" CWA and eligible for industrial discharge exclusion, although discharge is a CWA violation subject to EPA enforcement action.
 
03/17/1989BERYLLIUM 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.
 
03/10/1989CHARACTERIZATION OF BERYLLIUM WASTESMemo
 Description: Beryllium dust and associated wastes from the grinding and polishing of beryllium that are collected in air filtration equipment would generally not match the listing description for CCP beryllium powder (P015). The waste could be characteristic. The solidification or stabilization of hazardous waste with concrete is treatment and may trigger permitting requirements.
 
03/03/1989CLARIFICATION OF THE SCOPE OF THE K088 LISTINGMemo
 Description: The K088 listing only applies to the carbon portion of the material contained inside the electrolytic reduction cell. Other materials contained in the pot are not within the scope of the listing. Newly listed wastes (e.g., K088) for which EPA has not established treatment standards are not subject to land disposal restrictions (LDR).
 
02/27/1989USE OF OMNIBUS AUTHORITY TO CONTROL EMMISSIONS OF METALS, HCL, AND PICS FROM HAZARDOUS WASTE INCINERATORSMemo
 Description: The omnibus authority (3005(c)(3)) can be used to control emissions (metals, HCl, products of incomplete combustion) from incinerators prior to promulgation of modified Subpart O regulations. Section 3005(c)(3) gives permit writers authority to apply permit conditions as necessary. Discussion of the establishment of interim controls for facilities that have already conducted trial burns or have approved trial burn plans.
 
02/22/1989REGULATORY STATUS OF SOLVENT, “ULTIMA-GOLD”Memo
 Description: Unused solvent is only subject to regulation as a discarded material when abandoned (i.e., disposed or incinerated) or recycled by being burned for energy. A CCP that is abandoned is a solid waste, while a CCP being reclaimed is not a solid waste. The transportation and sale of unused solvent, Ultima-Gold, is not subject to Subtitle C because it is a product rather than a discarded material. The material safety data sheet for solvent product "Ultima-Gold" indicates potential to be corrosive (D002) and reactive (D003). The product "Ultima-Gold" does not exhibit ignitability (D001) or extraction procedure (EP) toxicity (SUPERSEDED: See 261.24). A product solvent only meets P-listing or U-listing if the chemical on the P-list or U-list serves as the product's sole active ingredient.
 
02/07/1989DROSS FROM ALUMINUM SMELTING USED IN MANUFACTURE OF CEMENTMemo
 Description: The 261.4(b)(7) Bevill exclusion covers wastes from processing ores when the feedstock to smelter is greater than 50% ore or mineral. Feedstock of greater than 50% scrap aluminum would not qualify. Aluminum dross is a by-product. Discussion of use of dross in the manufacture of cement as reclamation. If cement or aluminum dross by-product will be placed on the land or in a product that will be placed on the land, the material is a solid and hazardous waste subject to Part 266, Subpart C and must meet land disposal restrictions (LDR) treatment standards. Discussion of sham recycling (SEE ALSO: 63 FR 28556; 5/26/98).
 
02/01/1989COKE AND COAL TAR RECYCLABLE MATERIAL REQUIREMENTSQuestion & Answer
 Description: Decanter tank tar sludge from coking operations (K087) that is blended with product creosote for use as a fuel in steel production does not meet the 261.6(a)(3)(vii) exclusion. The exclusion applies only to coke and coal tar fuels derived from K087. Includes a detailed explanation of the exclusion (SUPERSEDED: See 56 FR 7203; 2/21/91, and 261.4(a)(10)).
 
01/24/1989REGULATORY STATUS OF CONTAMINATED GROUNDWATER AND LIMITATIONS ON DISPOSAL AND REUSEMemo
 Description: Groundwater contaminated with hazardous waste which is treated so it no longer contains hazardous constituents is no longer regulated and can be beneficially reused under contained-in policy. Since no EPA guidance states at what levels groundwater is no longer hazardous waste, Regions make site-specific determination (SEE ALSO: 61 FR 18779; 4/29/96).
 
01/24/1989REGULATORY STATUS OF WASTEWATER TREATMENT SLUDGES FROM ZIRCONIUM PHOSPHATING OF ALUMINUM CANSMemo
 Description: Wastewater treatment sludges from processes involving zirconium phosphating of aluminum cans should be excluded from F019. EPA plans to modify the F019 listing to exclude these wastes. The exclusion would apply retroactively to wastes generated before promulgation of the final exclusion.
 
01/11/1989APPLICABILITY OF LAND DISPOSAL RESTRICTIONS PAPERWORK TO NEUTRALIZED FILTER CAKEMemo
 Description: Neutralized phosphoric acid filter cake is subject to land disposal restrictions (LDR) tracking requirements because it did not meet California list prohibitions at the point of generation (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
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).
 
01/01/1989REGULATORY STATUS OF WASTEWATER TREATMENT SLUDGES FROM ZIRCONIUM PHOSPHATING OF ALUMINUM CANSMemo
 Description: Wastewater treatment sludges from zirconium phosphating of aluminum cans do not contain or form Appendix VIII constituents in hazardous concentrations and should not be hazardous waste. Proposes modifying the F019 listing (SEE ALSO: 55 FR 5340; 2/14/90).
 
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).
 
12/01/1988LAND DISPOSAL RESTRICTIONS: SOILS AND DEBRIS FROM RCRA CORRECTIVE ACTIONQuestion & Answer
 Description: All soil and debris contaminated with first third waste with incineration as a treatment standard qualify for a capacity variance. A variance for solvent, dioxin, or California-listed contaminated soil and debris is applied to waste generated by a CERCLA response action or a RCRA corrective action (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
11/30/1988LEAKING OR DAMAGED EXPLOSIVESMemo
 Description: The treatment of leaking or damaged explosives, or undetonated explosives left after an initial firing attempt, may fall within the scope of the immediate response exemptions in 264.1(g)(8), 265.1(c)(11), and 270.1(c)(3) (SEE ALSO: 62 FR 6622; 2/12/97).
 
11/28/1988APPLICABILITY OF PERMITTING TO SPENT LEAD-ACID BATTERY RECYCLINGMemo
 Description: Pieces of lead metal from batteries can be scrap metal. The exemption no longer applies if metal pieces are mixed with other wastes that are regulated. Wastes derived from spent materials are spent materials. Some lead-acid battery components are not solid wastes when reclaimed. Discussion of the regulatory status of reclaimed battery components. Discussion of the EPA analysis of the regulatory status of 16 materials from spent lead-acid battery recycling, including battery acid, plastic chips, metal battery pieces, and lead sulfates. Spent lead-acid battery components used to produce fertilizer are used in a manner constituting disposal. Fertilizer produced for the general public's use that meets land disposal restrictions (LDR) treatment standards is no longer subject to regulation (SEE ALSO: Part 273).
 
11/16/1988CASE-BY-CASE EXTENSIONS OF LAND DISPOSAL RESTRICTIONS EFFECTIVE DATESMemo
 Description: EPA is aware of special problems in storing dioxin-containing wastes since no facilities are permitted to treat or dispose of these wastes. Discussion of notice of information needed to process case-by-case extension application.
 
11/07/1988PCB DECHLORINATION TREATMENT PROCESSMemo
 Description: A PCB dechlorination system is exempt under 261.6(a)(3)(iii) as used oil recycled in some other manner than being burned for energy recovery (SUPERSEDED: see Part 279).
 
11/04/1988GENERATION AND TREATMENT OF K044 WASTEMemo
 Description: K044 (listed solely for exhibiting a characteristic) that no longer exhibits the reactivity characteristic after being treated in a facility’s wastewater treatment system is no longer K044, but must be designated as a hazardous waste if it exhibits another characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01).
 
11/02/1988PERMIT REQUIREMENTS RELATING TO ON-SITE TREATMENT AND WASTEWATER TREATMENT UNIT EXEMPTIONSMemo
 Description: The 262.34 accumulation unit permit exemption is not relevant to exempt wastewater treatment units (WWTUs) (SEE ALSO: RPC# 2/1/1995-01). For the WWTU exemption, wastewater is less than 1 percent total organic carbon (TOC) and less than 1 percent total suspended solids (TSS) (SUPERSEDED: see RPC# 2/11/1991-01). A generator in compliance with 262.34 is exempt from permitting for hazardous waste treatment or storage. Accumulation time begins at the moment the waste first enters the unit.
 
11/01/1988“SOFT HAMMER” CERTIFICATIONS/DEMONSTRATIONSQuestion & Answer
 Description: Both generators and treaters of first third “soft hammer” wastes are responsible for meeting the 268.8 demonstration and certification requirements for the shipment of treatment residue (ash) shipped from an incinerator.
 
10/28/1988APPLICABLITY OF LAND DISPOSAL RESTRICTIONS TO WASTES THAT ARE MOVED AND PLACED INTO ANOTHER LAND DISPOSAL UNITMemo
 Description: Hazardous waste removed from disposal units and placed in different land based units during remediation activities must meet land disposal restrictions (LDR) treatment standards for all applicable waste codes. Discussion of active management (SEE ALSO: 264, Subpart S).
 
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.
 
10/01/1988DEFINITION OF WASTEWATER TREATMENT UNITQuestion & Answer
 Description: The removal of wastewater treatment sludges or tank bottoms for off-site disposal does not disqualify tanks from being wastewater treatment units (WWTUs).
 
09/30/1988AEROSOL 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).
 
09/22/1988ATOMIZER MULTI-OIL FUELED HEATERS, INSPECTION AND CERTIFICATION CRITERIA FORMemo
 Description: Used oil meeting specifications can be burned in any device. Off-specification used oil can be burned in a space heater. EPA has not developed specific standards for space heaters.
 
09/19/1988QUESTIONS AND ANSWERS REGARDING THE HANDLING OF EXPLOSIVES AND COMMERCIAL FUELSMemo
 Description: Off-specification fuel (i.e., jet fuel, kerosene, gasoline) used to burn planes during a fire training exercise is not subject to regulation. The resulting soil contamination may later be subject to federal cleanup authorities. Law enforcement agents (BATF) transporting and detonating bombs and other reactive wastes may be exempt from RCRA Subtitle C regulation if the action is an immediate response. If it is not an immediate response, an emergency permit may be required (SEE ALSO: 62 FR 6622; 2/12/97). Dropping munitions on land and detonating bombs is not discard and is not regulated because it is the normal pattern of use. Unexploded ordnance or bullets removed from a firing range and sent for destruction via open burning/open detonation (OB/OD) are wastes subject to regulation. The open burning of hazardous waste (other than explosives) is prohibited (SEE ALSO: 62 FR 6622; 2/12/97).
 
09/02/1988SUMMARY OF ASSISTANCE BRANCH PERMITTING COMMENTSMemo
 Description: Aboveground bolted flange joints that are inspected daily do not need secondary containment. Joints where waste may contact the thread must meet the secondary containment requirement for tank ancillary equipment. A trench below tank waste lines may qualify as secondary containment if it is sized to contain a release and if the trench is dry so that leaks can be detected. Discusses the status of new tank systems at facilities permitted between 7/14/86 and 1/12/87. To meet the definition of a boiler, the combustion chamber and energy recovery section must be of integral design. A unit with a “post-combustion” chamber between the combustion and energy recovery sections is not a boiler. A unit with a combustion section connected to an energy recovery unit by a duct and a control system is not a boiler. A unit with innovative insulation installation does not qualify as boiler under a variance petition if the insulation does not provide significantly better performance. The determination of boiler efficiency should be conducted under controlled conditions following a method specified by the American Society of Mechanical Engineers. Thermal relief vents can be used in the design of a new incinerator, but a permit should require backup systems to minimize their use. Addresses the application of the minimum technology requirements (3004(o)) to the vertical and lateral expansions of surface impoundments and landfills. The minimum technology waiver petition was granted due to alternate design and operational factors. The 3004(o)(2) waiver petition that would prevent the migration of contaminated groundwater beyond the waste management area (e.g. surface impoundment) is inadequate because it does not prevent all groundwater contamination. Incinerators may be eligible for research, development, and demonstration (RDD) permits. Provides guidance on the duration of Research, Development, and Demonstration (RDD) permits beyond a calendar year and criteria for renewing RDD permits. Discusses the applicability of the new tank system regulations in authorized v. unauthorized states. Includes guidance on the selection of principal organic hazardous constituent (POHCs) and the use of surrogate v. actual wastes during the incinerator trial burn. The actual waste can be spiked during the trial burn to raise principal organic hazardous constituent levels. Addresses the sampling frequency during a trial burn. The mass feed rate of a principal organic hazardous constituent (POHC) input used for destruction and removal efficiency (DRE) calculations must equal mass feed rate in the wastestream only. When sampling for particulates and semi-volatile POHCs during an incinerator trial burn, two separate Modified Method 5 (MM5) trains should be used. Only one confirmatory sampling event is necessary to trigger compliance monitoring. Discusses the disposal of purged water generated during groundwater sampling and analysis. An owner of a landfill or surface impoundment submitting a no migration waiver petition must use a worst-case soil permeability factor in groundwater modeling. The constituent concentration, retardation factors, and constituent half-life must be evaluated when developing a model for a no migration waiver petition for a surface impoundment or a landfill (3004(o)(2)). The owner of a site with a complex hydrogeology should use a 2 or 3-dimensional model to support a no migration demonstration. Provides criteria for evaluating landfill composite bottom liner equivalency. Addresses the evaluation of a final cover slope using a soil loss equation. EPA recommends the use of glass vessels when performing compatibility testing on a high-density polyethylene (HDPE) liner. Scarifying and remolding do not meet the minimum technological requirements for a landfill secondary soil liner. A contingency plan must designate a sufficient number of emergency coordinators to provide 24-hour and vacation coverage. The federal regulations require a compressive strength test for stabilized wastes (going to a landfill) that pass the paint filter test only if true chemical stabilization has not occurred.
 
08/30/1988REGULATION AND PERMITTING OF LABORATORIESMemo
 Description: Treatability study guidance (fact sheet and decision tree).
 
08/26/1988SECONDARY LEAD SMELTER VARIANCESMemo
 Description: Lead plates removed from lead-acid batteries at smelter and awaiting further reclamation in smelter are solid waste. Partially-reclaimed lead at a smelter is typically eligible for a variance from the solid waste definition. Discussion of common lead-acid battery cracking practices at lead smelting facilities (SEE ALSO: Part 273).
 
08/11/1988EXPLOSIVES PRESENTING AN IMMEDIATE SAFETY THREAT AND EXPLOSIVES STORED DURING ANALYSISMemo
 Description: The Bureau of Alcohol, Tobacco, and Firearms (BATF) transport of explosives to safe areas for destruction is exempt from RCRA Subtitle C requirements if it is an immediate response. Emergency permits are available for activities that do not constitute an immediate response. Immediate removal and destruction of explosive materials by law enforcement agencies may require an emergency RCRA Subtitle C permit. Emergency permits and provisional transporter ID numbers may be issued via telephone or in writing. Destruction of explosive wastes by open burning/open detonation is thermal treatment that must be conducted at a TSDF in compliance with Parts 264, 265, and 270. If destruction is conducted under a court order or the direction of U.S. Attorney's office, RCRA is not automatically waived (SEE ALSO: 62 FR 6622; 2/12/97). Explosive materials stored as legal evidence by the court or BATF become waste (i.e., is generated) when the court or BATF no longer has use for the explosives as evidence. Generators are defined both by person and by site. Each BATF field office or storage locker area where explosive material becomes a hazardous waste is an individual generation site requiring its own EPA ID number. Storage of waste explosives at BATF facilities is not subject to permitting if accumulation time does not exceed 90 days and other generator accumulation requirements are satisfied.
 
08/11/1988WASTE TREATMENT FACILITIES ACCEPTING F006 ELECTROPLATING WASTESMemo
 Description: Waste treatment and disposal facilities may temporarily reject waste that is subject to the new land disposal restrictions (LDR) treatment standards until the TSDF makes the appropriate process changes to meet regulatory requirements.
 
08/01/1988CLARIFICATION OF THE USE AND MANAGEMENT OF MOUNTAIN HOME AIR FORCE BASE FIRE TRAINING PITSMemo
 Description: The open burning of hazardous waste is prohibited except as provided in 265.382 for the burning of waste explosives. Only commercial fuels may be burned in a fire training pit. A release of a material that exhibits a characteristic onto land or water is illegal disposal unless the facility is permitted or interim status.
 
07/29/1988CEMENT KILN DUST WASTEMemo
 Description: Cement kiln dust (CKD) is not a hazardous waste (SEE ALSO: 60 FR 7366; 2/7/95). A mixture of exempt cement kiln dust with corrosive liquid (D002) will result in a nonhazardous waste if the mixture no longer exhibits any characteristic (SEE ALSO 261.3(d)(1)). Mixing is considered treatment. No permit is required for treatment performed in generator accumulation tanks subject to 262.34.
 
07/28/1988LEACHATE 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).
 
07/27/1988EXEMPTION FOR COMMERCIAL CHEMICAL PRODUCTS BURNED FOR ENERGY RECOVERYMemo
 Description: Reclaimed solvent used as a commercial gun wash solvent is not a solid waste. Reclaimed solvent burned as a fuel is a solid waste. Off-specification solvent products burned for energy recovery in lieu of the intended purpose could be excluded under 261.2(c)(2)(ii) if they are themselves fuels.
 
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.
 
07/01/1988ELEMENTARY NEUTRALIZATION UNITSQuestion & Answer
 Description: Waste pumped to an elementary neutralization unit (ENU) which is not treated for two months is not counted towards generator status. Waste is not subject to substantive regulation as long as it remains in an ENU.
 
07/01/1988TANK 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.
 
06/16/1988LAND BAN ISSUES - 1988 UPDATEMemo
 Description: A surface impoundment not meeting the minimum technical requirements (MTR) may continue to receive restricted wastes if it has a waiver under 3005(j). Units receiving waste subject to a national capacity variance or a case by case extension must meet MTR. Provides criteria for case-by-case extensions, a discussion of the soft hammer provisions, guidance on the treatment of soil, and treatment capacity information. Addresses the lack of capacity due to surface impoundment closure.
 
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.
 
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).
 
05/18/1988THERMAL TREATMENT UNITS, SCOPE OF SUBPART XMemo
 Description: Subpart X covers units that are not regulated under 264 Subpart I - O or Part 146. The open burning or detonation of explosives is not land disposal except where residues remain hazardous. The open burning of solvents is prohibited.
 
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).
 
05/01/1988LAND DISPOSAL RESTRICTIONS - DISPOSAL OF WASTES GRANTED A VARIANCEQuestion & Answer
 Description: Restricted wastes that are granted a capacity variance may be disposed of in landfills or surface impoundments only if the facility is in compliance with the minimum technological requirements (MTR). These wastes may also be disposed of in land treatment facilities that are not in compliance with MTR (SUPERSEDED: 268.8 removed, see 61 FR 15599; 4/8/96).
 
04/29/1988ELEMENTARY NEUTRALIZATION EXEMPTIONMemo
 Description: Sumps, as defined in 260.10, are tanks. A neutralization sump and ancillary equipment handling corrosive-only wastewater qualify for the elementary neutralization unit (ENU) exemption.
 
04/22/1988MISCELLANEOUS UNITS SUBPART X, IMPLEMENTATION GUIDANCEMemo
 Description: Regions will implement the Subpart X program under 264.1(f)(2) until states revise their programs. Subpart X facilities subject to 3005(c) deadline are those with interim status by 11/8/84. Discusses permit application deadlines and content.
 
04/21/1988DISTILLATION OR FRACTIONATION COLUMN BOTTOMS FROM THE PRODUCTION OF CHLOROBENZENEMemo
 Description: Persons may petition EPA to add new types of units to the industrial furnace definition. Distillation or fractionation column bottoms from the production of chlorobenzene (K085) are by-products. Discussion of by-product versus co-product. Bottoms that must be further processed before use are not co-products. EPA intends to designate all materials introduced into halogen acid furnaces (HAFs) as inherently waste-like. A chlorinated by-product reused as ingredient in chlorinated feedstocks and muriatic acid is not a solid waste (SW) if no burning, reclamation, disposal, or speculative accumulation is involved (SUPERSEDED: see 56 FR 7134; 2/21/91). A generator must be able to provide supporting documentation for exempt wastes. If a material is a SW depends on the disposition, or intended disposition, of the material. Discussion of the regulatory status of a gas-fired thermal oxidizer. Discussion of the status of an oxidation reactor burning chlorinated benzene process streams in titanium dioxide production depends on if material is burned for energy recovery or as ingredient in industrial product (SUPERSEDED: see Part 266, Subpart H). Burning waste in an incinerator is destruction subject to incinerator standards.
 
04/19/1988CALL-IN OF STORAGE AND TREATMENT APPLICATIONSMemo
 Description: Pursuant to 3005(c)(2)(C), interim status treatment and storage facilities that were in existence on 11/8/84 must submit their Part B permit applications by 11/8/88, or their interim status will terminate on 11/8/92. A facility with only tanks, containers, or incinerators must submit a closure plan 45 days prior to the date that closure will begin.
 
04/19/1988CALL-IN OF STORAGE AND TREATMENT APPLICATIONS PRIOR TO 11/08/88 DEADLINEMemo
 Description: Pursuant to 3005(c)(2)(C), interim status treatment and storage facilities that were in existence on 11/8/84 must submit their Part B permit applications by 11/8/88, or their interim status will terminate on 11/8/92. A facility with only tanks, containers, or incinerators must submit a closure plan 45 days prior to the date that closure will begin.
 
04/11/1988INITIAL SOIL SURFACE TERM DEFINED IN LAND TREATMENT REGULATIONSMemo
 Description: The initial soil surface means the topographic level that was in existence when waste was first applied to a land treatment unit. Built-up material at a land treatment unit must not be excessive waste overloading the treatment system.
 
04/06/1988RECYCLING NICKEL, COPPER AND CHROMIUM-CONTAINING ELECTROPLATING SLUDGESMemo
 Description: Smelting wastewater treatment sludge to recover metal is reclamation. Partially reclaimed listed sludge is a solid waste (SW), unless granted a variance. Sis ludge to be smelted not eligible for the reuse exemption. A listed sludge to be smelted is a hazardous waste. A characteristic sludge to be smelted is not a SW.
 
04/05/1988TESTING REQUIREMENTS AND SOLIDIFICATION ISSUES UNDER LAND DISPOSAL REQUIREMENTSMemo
 Description: The regulations do not require a specified frequency of testing for TSDFs or on-site disposal facilities. Generators must follow the waste analysis plan. Solidification may be considered dilution if the hazardous constituents are not immobilized. Performance based treatment standards may be met using any technology.
 
04/01/1988DILUTION OF LAND DISPOSAL RESTRICTED WASTEQuestion & Answer
 Description: The dilution prohibition does not affect other regulatory provisions which may allow dilution. The mixing of F003 with a nonhazardous wastes in order to render it nonhazardous is a legitimate treatment. The dilution prohibition does not allow mixing as a substitute for adequate treatment (SEE ALSO: 57 FR 37210; 8/18/92).
 
04/01/1988HAZARDOUS WASTE I.D.Question & Answer
 Description: Groundwater contaminated with F001-F005 solvents is subject to Subtitle C because it contains a listed waste per the contained-in policy. If the groundwater is treated such that it no longer contains a hazardous waste, or the solvents in the groundwater are delisted, it is no longer subject to Subtitle C (SEE ALSO: 61 FR 18779; 4/29/96; 66 FR 27266; 5/16/01).
 
03/30/1988SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: Samples taken from turbid groundwater may not be valid. Proper well development requires that wells be clay and silt free. Discusses the use of polyvinyl chloride (PVC) in well construction, the calculation of purge volume, and Part 264, Appendix IX. An accelerated groundwater monitoring schedule can be used to bring a facility into compliance. The maintenance of a groundwater monitoring network may include the redevelopment of a well. Well maintenance should be included as a permit condition. Replacement units (e.g. landfills and surface impoundments) must be retrofitted to meet the minimum technological requirements. If a proposed alternative to a double liner does not meet the requirements of 264.221(c), the location characteristics or operating practices must compensate for the deficiency. A redundant flexible membrane bottom liner may be equivalent to the 3004(o)(5)(B) interim statutory design, thus meeting the 3004(o)(1) minimum technological requirements. Addresses the use of the Hydrologic Evaluation of Landfill Performance (HELP) model v. Moore’s Equation for calculating leachate volume when designing a collection system, the proposed modifications to the cap design to reduce erosion potential, and the use of a test plot to support alternative landfill design cover. A high-density polyethylene liner must be supported by a stable base. An owner of a petroleum refinery undertaking a land treatment demonstration must fully characterize the waste, including addressing the Skinner List constituents in the waste analysis plan. A properly conducted land treatment demonstration should include an evaluation of the waste degradation, transformation, and immobilization, as well as a toxicity study. A land treatment unit cannot accept sludges containing high concentrations of water if the soil moisture conditions cause saturation of the unit. Discusses the selection of principal hazardous constituents for a land treatment unit. An owner of a land treatment unit who has not demonstrated satisfactory treatment of hazardous constituents may need to close the unit. Addresses the presence of a high water table at a land treatment unit and the possible responses. An owner of an existing interim status land treatment unit may be eligible for an immediate full-scale permit if the land treatment demonstration addresses all of the necessary requirements. In states that are authorized for the RCRA base program but not for the HSWA provisions, construction cannot begin at a new facility until both the state and EPA permits are issued. The land disposal restrictions (LDR) program is a self-implementing portion of HSWA, superseding the permit as a shield provision. Permit content should be edited for applicability, importance, clarity, and precision prior to issuance. A minimum detection limit (MDL) can be used to establish background as a groundwater protection standard. Any component required in a RCRA facility investigation (RFI), such as monitoring releases not requiring immediate response, should be included as a permit condition. Monitoring wells installed as part of a HSWA corrective action may be designated as point of compliance wells. Permits containing corrective action conditions for groundwater treatment programs must specify methods of handling groundwater containing hazardous waste and must include pumping and removal requirements. Air stripping may not be an appropriate treatment method for groundwater contaminated with methyl isobutyl ketone. A permit or 3008(h) order should address the air emissions from treatment units such as an air stripper. Includes criteria for the referral of facilities to the Agency for Toxic Substances aND DISEASE REGISTRY (ATSDR) UNDER 3019. Emerging technologies, such as in-situ bio-reclamation, should be demonstrated as effective in pilot-scale field studies prior to approval. 264 Subpart F compliance monitoring standards should be applied to the verification monitoring at solid waste management units (SWMUs) during corrective action. A HSWA corrective action pe
rmit may include a technical feasibility clause discontinuing the program once contaminant levels can no longer be reduced. EPA discourages the approval of a waiver allowing the disposal of nonhazardous waste in a landfill that has lost interim status.
 
03/11/1988REFRACTORY WASTES AT U.S. EPA COMBUSTION RESEARCH FACILITYMemo
 Description: Air filters, scrubber water, and ash from incinerating F020 are F020 via the derived-from rule. Wastes derived from F020 are acute hazardous wastes that are subject to special standards for dioxin wastes. Media and debris from dismantling an incinerator are F020 via the "contained-in" policy. They are F020 until they no longer contain F020.
 
03/10/1988CLOSURE PLAN CONTENTS AND REQUIREMENTS FOR REVISIONSMemo
 Description: An interim status closure plan must be amended at least 60 days prior to a proposed change at a facility, or within 60 days after an unexpected event (265.112(c)(2)). A closure plan must be amended 60 days before completion and operation of the treatment unit. A closure plan need not be revised if a mobile treatment unit (MTU) is mobilized or demobilized. A closure plan must account for all units at a facility that has actually been constructed (265.112(b)(1)).
 
03/09/1988PROPOSED BEST DEMONSTRATED AVAILABLE TECHNOLOGY (BDAT) FOR K061 WASTEMemo
 Description: Zinc oxide collected in a baghouse that is sold as a product is no longer derived from K061. Calcining residuals from K061 wastes may exhibit a characteristic. The use of a K061 treatment residual as roadbed and anti-skid material is use in a manner constituting disposal (SEE ALSO: 266.20(c), 59 FR 67256; 12/29/94). The K061 treatment standards are performance standards that are based on a Best Demonstrated Available Technology (BDAT) of high temperature metals recovery (HTMR). EPA does not require or recommend the use of any specific class of high temperature metals.
 
03/07/1988SLUDGE DEHYDRATION EQUIPMENT THAT IS PART OF A WASTEWATER TREATMENT FACILITYMemo
 Description: The wastewater treatment unit (WWTU) exclusion does not apply to conventional incinerators even when they are part of a wastewater treatment system. Sludge dehydration equipment (i.e., sludge dryers) qualifies for the WWTU exclusion, provided the equipment meets the definition of a WWTU and is used to evaporate water from sludge. Most sludge dryers meet the definition of a tank. Sludge dryers that are not eligible for the WWTU exclusion are subject to either 265 Subpart P or 264 Subpart X.
 
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.
 
02/10/1988RESIDUALS GENERATED BY PROCESS FOR SEWAGE SLUDGE TREATMENTMemo
 Description: The generator of residuals from treating sewage sludge must determine if the residuals are characteristic hazardous waste. The determination can be made by testing or by applying knowledge of the materials and processes. EPA does not endorse or support specific processes.
 
02/03/1988PCB-CONTAMINATED WASTES, STABILIZATION OFMemo
 Description: Bulk liquid waste treated with absorbents or adsorbents must be tested with the paint filter liquids test (PFT) (3004(c)(1)) (SEE ALSO: 1RPC# 1/17/93-02). When a waste passes the PFT, it may be disposed in a landfill. When a waste fails the PFT, further chemical stabilization is required. Provides guidance on the level of adequacy for chemical treatment.
 
02/02/1988DETERMINATION OF THE APPLICABILITY OF A TOTALLY ENCLOSED TREATMENT (TET) EXEMPTIONMemo
 Description: Cupolas are part of an industrial process while baghouses are part of a treatment process. Treatment in ducts between a cupola and a baghouse may qualify for the totally enclosed treatment unit (TETU) exemption if the unit’s design is sealed and prevents routine releases. The baghouse and any treatment downstream from it do not qualify for the TETU exemption because the baghouse is open to the environment. No sampling is required if the system qualifies as a TETU.
 
02/01/1988BLENDING OF HAZARDOUS WASTE FUEL BURNED IN CEMENT KILNSQuestion & Answer
 Description: Tanks in which hazardous waste fuels are blended are regulated by 264 Subpart J/265 Subpart J regardless of the type of unit in which the waste will be burned. Blending tanks are subject to the same regulations as storage tanks (266.31(c) cement kiln exclusion SUPERSEDED: See 266 Subpart H).
 
02/01/1988CLEAN CLOSURE OF INTERIM STATUS SURFACE IMPOUNDMENT AND WASTE PILEQuestion & Answer
 Description: Surface impoundments, waste piles, landfills, and land treatment units which received waste after 7/26/82 or certified closure after 1/26/83 must either have post-closure permits or demonstrate that clean closure was equivalent to Part 264 closure (270.1(c)) (SEE ALSO: 63 FR 56711; 10/22/98). Post-closure permits for these units would include Part 264 groundwater monitoring, unsaturated zone monitoring, corrective action and post-closure care.
 
02/01/1988USED OIL MARKETERQuestion & Answer
 Description: A used oil generator sending used oil to a sister corporation to be burned is a marketer. An exchange of funds is not necessary to be a marketer (See Also: Part 279).
 
01/27/1988HAZARDOUS WASTE TANK SYSTEM STANDARDS TO ANCILLARY EQUIPMENT AND EXEMPTED ELEMENTARY NEUTRALIZATION SYSTEMSMemo
 Description: The hazardous waste tank standards do not apply to ancillary equipment associated with non-regulated units, such as elementary neutralization units (ENUs). An authorized state program must be as stringent as the federal program.
 
01/26/1988ZINC OXIDE RECLAIMED FROM KILNSMemo
 Description: Discusses indigenous secondary materials (SEE ALSO: 266.100). Partially reclaimed K061 which must be reclaimed further is still a solid waste and is derived from K061. Kiln residue is not exempt because K061 is from primary steelmaking, not from the processing of ores and minerals. F006, F019, and K062 are not indigenous to zinc smelting. The 3004(u) authority applies to releases of Bevill wastes and to releases from pre-RCRA inactive units. Units holding product are not solid waste management units (SWMUs) unless routine and systematic releases occur. Addresses American Mining Congress (AMC) v. EPA. The status of dust from a kiln burning K061 could change when the BIF regulations are finalized (SEE ALSO: 261.3(c)(2)(iii)(C)(1) and 261.4(a)(11)) (SAME AS 9481.1988(01)).
 
01/25/1988NEW JERSEY ZINC COMPANY K061 STORAGE PILEMemo
 Description: A partially reclaimed waste that must be reclaimed further before it can be used as a product is still a solid and hazardous waste. Discusses the derived-from exemption for residue from processing K061, K062, and F006 in a high temperature metal recovery unit. Addresses American Mining Congress (AMC) v. EPA. The status of dust from a kiln burning K061 could change with the final BIF rule (SEE: 261.4(a)(11) and 261.3(c)(2)(iii)(C)(1)). Discusses indigenous secondary materials (SEE: 266.100). The 3004(u) corrective action authority applies to Bevill waste and releases from pre-RCRA inactive units. Units holding product are not solid waste management units (SWMUs) for purposes of 3004(u) unless routine and systematic releases occur (SAME AS 9444.1988(02a)).
 
01/14/1988WASTE GENERATED BY AN INCINERATOR TRIAL BURN OF SAND SPIKED WITH TRICHLOROBENZENE AND HEXACHLOROETHANEMemo
 Description: A mixture of sand and unused CCP hexachloroethane (U131) for use in an incinerator trial burn is a hazardous waste. Ash derived from burning the mixture carries U131 via the derived-from rule.
 
01/13/1988GUIDANCE IN DESIGNATING POHC'SMemo
 Description: The incinerability ranking used to designate principal organic hazardous constituents (POHCs) at incinerators can be based on many methods, including the heat of combustion or on the thermal stability index. Additional factors can be applied to POHC designation. Discusses surrogate compound availability. Includes an incinerability ranking.
 
01/11/1988HOUSEHOLD HAZARDOUS WASTE EXCLUSIONMemo
 Description: There are no federal requirements for the transportation, treatment, storage, or disposal of household hazardous waste (HHW).
 
01/11/1988METAL FINISHING SLUDGESMemo
 Description: Mechanical burnishing and polishing are not electroplating for F006-F009. Pickling to remove oxide scale could be cleaning or stripping associated with electroplating. Copper etching on gold-plated copper tubing is electroplating. Non-wastewater spent stripping or plating bath treatment sludge is not F006. A spent etching acid solution is not wastewater. Wastewater treatment sludge that is used solely for non-contact cooling is not F006. Spent pickling bath used to remove oxide scale from precious metals is not K062.
 
01/02/1988DRAINAGE WATER BENEATH LAND TREATMENT UNITS AT OIL REFINERIESMemo
 Description: Groundwater containing hazardous leachate from a land treatment unit is hazardous. Liners, ditches, and pipes are extensions of the land treatment unit for a no migration petition. A Part B demonstration does not replace a no migration petition. A RCRA facility investigation (RFI) does not replace an evaluation of air emissions in a no migration petition.
 
01/01/1988“LAB PACKS” AT GENERATOR SITESQuestion & Answer
 Description: A service company may act on behalf of a generator and re-package waste into larger containers (lab packs) with absorbents without a permit. Generators may treat in accumulation tanks or containers provided the treatment is not thermal treatment or incineration. The addition of absorbents to waste is exempt from permitting.
 
12/28/1987F006 LISTING FOR PICKLING AND ETCHING WASTES AND DELISTING ISSUESMemo
 Description: Wastewater treatment sludges from aluminum etching are exempt from the F006 listing. Sludges are hazardous if they are mixed with spent pickle liquor (K062) or with other listed wastes.
 
12/28/1987REGULATORY STATUS OF LIME-STABILIZED WASTE PICKLE LIQUOR SLUDGEMemo
 Description: By narrowing the K062 listing, EPA narrowed the derived-from rule exemption for lime-stabilized waste pickle liquor sludge (LSWPLS). The exemption does not apply if K062 is treated with other listed wastes. If the spent pickle liquor is treated with other nonhazardous or characteristic wastes, the sludge is hazardous only if it is characteristic.
 
12/21/1987VOLUNTARY CORRECTIVE ACTIONMemo
 Description: Includes potential options for streamlining voluntary corrective action cleanups to allow certain low-concern treatment activities to be conducted without a permit.
 
12/21/1987WASTEWATER TREATMENT AND ELEMENTARY NEUTRALIZATION UNITS EXEMPTIONMemo
 Description: Provides a clarification of wastewater treatment facility. A facility must be on site and have an NPDES permit or discharge to a POTW. The means of conveyance between units does not matter. Wastewater treatment units (WWTUs) can receive wastewater from off site and remain exempt. A tank system used to manage wastewater prior to an off-site transfer is not covered by the exemption. Discusses zero-discharge NPDES permits and wastewater treatment units (WWTUs).
 
12/17/1987CLOSURE AND POST-CLOSURE ISSUES FOR INTERIM STATUS SURFACE IMPOUNDMENTSMemo
 Description: EPA may extend the time allowed for the closure of a surface impoundment to allow groundwater corrective action so that the owner can achieve clean closure. Units closing by removal under Part 265 (e.g. surface impoundments, waste piles, and land treatment units) must obtain post-closure permits unless the owner demonstrates equivalence with 264.228, 264.280(e), or 264.258 closure by decontamination standards (SEE ALSO: 63 FR 56711; 10/22/98). The owner of an interim status landfill that has closed by removal and has not triggered groundwater assessment does not have to monitor groundwater for the full list of Appendix VIII or IX constituents. Groundwater evaluation conducted as part of the 265 clean-closure demonstration should establish constituents that could reasonably be expected to exist at the impoundment. A surface impoundment that has triggered groundwater assessment may not be able to clean close.
 
12/15/1987ON-SITE TREATMENT EXEMPTION, REINTERPRETATION OFMemo
 Description: Generators accumulating hazardous waste are exempt from permitting whether or not they are treating the waste. Thermal treatment (open burning/open detonation) is not exempt (SEE: Part 265, Subpart P).
 
12/11/1987K035 LISTING AND DELISTING ISSUES:GROUNDWATER CONTAMINATIONMemo
 Description: K035 includes sludges generated from the biological treatment of creosote production wastewaters. Waste cannot be delisted unless it is sufficiently characterized to demonstrate that it is nonhazardous, including showing that the waste is not characteristic and is not hazardous for other reasons.
 
12/11/1987K035 LISTING AND INCLUSION OF SLUDGES FROM BIOLOGICAL TREATMENT OF CREOSOTE PRODUCTION WASTEWATERSMemo
 Description: K035 includes sludges generated from the biological treatment of creosote production wastewaters. Waste cannot be delisted unless it is sufficiently characterized to demonstrate that it is nonhazardous, including showing that the waste is not characteristic and is not hazardous for other reasons.
 
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.
 
12/09/1987INCINERATOR TRIAL BURN SCHEDULESMemo
 Description: The Hazardous Waste Incinerator Permitting Study indicates that it may take 11 months after a trial burn before an incinerator permit is issued.
 
12/04/1987WASTE FROM ELECTROLESS PLATING PROCESSES NOT COVERED UNDER REINTERPRETED F006 LISTINGMemo
 Description: Wastewater treatment sludge from an electroless plating operation is not F006, but must be evaluated for hazardous waste characteristics.
 
12/01/1987BURNING HAZARDOUS WASTE FOR ENERGY RECOVERYQuestion & Answer
 Description: An owner of a cement kiln in an area with a population greater than 500,000 does not have to comply with the incinerator standards when burning hazardous waste for energy recovery if the kiln is not located within the boundaries of an incorporated municipality (SUPERSEDED: cement kilns burning hazardous waste now regulated, See 266, Subpart H).
 
12/01/1987MIXTURE RULE - DISCHARGES TO WASTEWATERQuestion & Answer
 Description: Incidental spills of virgin solvent at a manufacturing site that are collected and discharged to a wastewater treatment unit (WWTU) are exempt from the mixture rule as de minimis losses of commercial chemical products (CCP) (261.3(a)(2)(iv)(D)), not as spent solvents.
 
11/30/1987DETONATING EXPLOSIVE WASTESMemo
 Description: The detonation of seized explosives for disposal rather than for use constitutes discarding, so explosives must be managed as solid wastes (SW). If the explosives are characteristic for reactivity (D003), Subtitle C regulations apply to these Bureau of Alcohol, Tobacco, and Firearms (BATF) activities. Seized explosives must be managed as SW and potentially hazardous waste from the moment the decision is made to destroy the explosives. The detonation of reactive waste is thermal treatment.
 
11/25/1987INTERIM STATUS EXPANSION TO ADD AN INCINERATORMemo
 Description: A facility could add an incinerator as a change in interim status under 270.72(c), but EPA recommends including proposed incinerators in the permit process due to concerns about the addition of new incinerators without trial burns and public participation. EPA may use discretion when deciding whether or not to approve the addition of an incinerator as a change in interim status. EPA believes it is unwise to allow the operation of new incinerator without a trial burn and public participation.
 
11/25/1987TREATMENT SURFACE IMPOUNDMENTS, REGULATORY OPTIONS AVAILABLE TO WOOD PRESERVERSMemo
 Description: A wood preserving treatment surface impoundment is not a hazardous waste experiment unit. A wood preservative surface impoundment must obtain a permit, close, or convert to a land treatment unit.
 
11/20/1987LEAD-BASED PAINT RESIDUES AND CONTAMINATED SOILSMemo
 Description: Paint wastes are exempt household hazardous wastes (HHW) if they are generated by homeowners and not by contractors (SUPERSEDED: RPC# 3/1/90-06). HHW from federal agencies is not HHW. Certain material and soil contaminated with weathering lead based paint is characteristic for lead. If characteristic soil is actively managed, it is a hazardous waste. Discusses lead paint remediation methods (SEE ALSO: RPC# 3/7/95-01). A property owner is normally not required to characterize soil left on site. Addresses factors in determining if soil removal is required. On-site soil treatment needs a permit unless the generator is exempt (SEE ALSO: 61 FR 18779; 4/29/96).
 
11/18/1987APPROPRIATE TREATMENT METHODS FOR ELEMENTAL MERCURYMemo
 Description: California list wastes containing mercury must be treated to below the land disposal restrictions (LDR) prohibition level or rendered nonliquid (SUPERSEDED: 55 FR 22675; 6/1/90) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97). Solidification where reagents are added to immobilize constituents is legitimate treatment and not dilution provided it immobilizes or chemically fixes waste rendering it nonliquid, or reduces the concentration below the prohibition level. EPA prefers waste minimization .
 
11/17/1987COMPRESSIVE STRENGTH OF TREATED WASTES - USE OF SW-846 METHODS, WASTE IDENTIFICATIONMemo
 Description: EPA does not recommend that a specific compressive strength be incorporated into permits for wastes subject to the liquid absorption/adsorption treatment. The compressive strength should increase over time. Permit writers may require facilities to use SW-846 methods.
 
11/13/1987SOLIDIFICATION OF CALIFORNIA LIST LIQUID WASTES AND THE DILUTION PROHIBITIONMemo
 Description: Solidification techniques that immobilize hazardous constituents are legitimate treatments. The addition of reagents must aid in the treatment in order to be legitimate treatment and not impermissible dilution. Solidified California list liquid wastes are no longer subject to the land disposal restrictions (LDR). Discusses the applicability of the California list to liquid metal-bearing and cyanide-containing wastes (SUPERSEDED: see 268.42(a)) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
11/10/1987PICKLE LIQUOR RECOVERY UNIT AS AN INDUSTRIAL FURNACEMemo
 Description: An industrial furnace in which spent pickle liquor (K062) is processed to produce a usable product hydrogen chloride and ferrous oxide is not an incinerator, but is a smelting, melting, and refining furnace. The unit is not regulated as an incinerator since the purpose is to produce a product and not to destroy a waste.
 
11/04/1987RECYCLING OF ZINC OXIDE BAGHOUSE DUSTMemo
 Description: The determination of whether a substance is a solid waste depends on the ultimate management. Zinc sulfate recovered from zinc oxide that is used to produce a fertilizer is a solid waste. A facility that treats hazardous sludge to recover a usable material (i.e., zinc sulfate) is subject to the 261.6(c) requirements for recycling facilities.
 
11/01/1987LAND DISPOSAL RESTRICTIONSQuestion & Answer
 Description: When a constituent is subject to more than one treatment standard, the standard (and effective date) for the more specific constituent applies. A waste with two or more treatment standards due to different constituents will be subject to the land disposal restrictions (LDR) on the respective effective dates (SEE ALSO: 268.40(c)).
 
10/28/1987COMPLIANCE WITH CALIFORNIA LIST FINAL RULEMemo
 Description: Generators managing restricted waste must send the land disposal restrictions (LDR) notification to the treatment facility (SEE ALSO: See 62 FR 25997; 5/12/97). The notification must include the appropriate treatment standard and the California list prohibitions (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97). The notification information may be placed on the manifest.
 
10/28/1987DELISTING PETITION INFORMATION REQUIREMENTS FOR RESIDUES FROM INCINERATION OF 2,4,5-T AND SILVEX PESTICIDESMemo
 Description: Outlines the requirements of a delisting petition for residues from the incineration of 2,4,5-T and silvex pesticides.
 
10/26/1987SOLVENT-CONTAMINATED WASTEWATER FROM FRAGRANCE MANUFACTUREMemo
 Description: Oil and trace solvents that remain in a reactor vessel following washing with acetone, ethyl acetate, and xylene do not meet the spent solvent definition. Subsequent soap and water washout is process wastewater containing solvent constituents that can be ignitable (D001) but is not F003 via the mixture rule. Residues generated from treating a D001 ignitable waste remain hazardous as long as they exhibit a characteristic.
 
10/23/1987LUBRICATING OIL CONTAMINATED WITH TCDD THROUGH USE AS AN ANALYTICAL STANDARDMemo
 Description: Lubricating oil that is contaminated with dioxins from TCDD use as an analytical standard is not listed, but is hazardous if characteristic. Even if it is characteristic, the oil is subject to Part 266, Subpart E if the used oil is burned for energy recovery (SUPERSEDED: See Part 279).
 
10/23/1987SUPERNATANT FORMED IN LIME STABILIZATION OF WASTE PICKLE LIQUOR AS HAZARDOUS WASTEMemo
 Description: Supernatant from the lime-stabilization of waste pickle liquor is derived from K062. The supernatant portion does not qualify for the 261.3(c)(2)(ii) exclusion, which applies only to sludge generated from the treatment process. A surface impoundment holding supernatant is subject to regulation.
 
10/23/1987SUPERNATANT FROM TREATMENT OF SPENT PICKLE LIQUOR (K062)Memo
 Description: Supernatant from lime-stabilization of waste pickle liquor is derived from K062. The supernatant portion does not qualify for the 261.3(c)(2)(ii) exclusion, which applies only to sludge generated from the treatment process. A surface impoundment holding supernatant is subject to regulation.
 
10/15/1987CALIFORNIA LIST LAND DISPOSAL RESTRICTIONS, EPA'S IMPLEMENTATION OFMemo
 Description: Wastes covered by a national capacity variance or a case-by-case extension must be placed in a unit that is in compliance with the minimum technical requirements (MTR). Discusses the criteria for no-migration petitions. Includes a historic discussion of the development of the California list and the land disposal restrictions (LDR) treatment standards (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
10/15/1987VIABILITY OF TRIAL BURN RESULTS WITH INCOMPLETE VOST DATAMemo
 Description: A facility receiving incomplete VOST data must run a second trial burn for the incinerator.
 
10/08/1987ENVIRONMENTAL HAZARDS ASSOCIATED WITH BURNING HAZARDOUS WASTE IN CEMENT KILNSMemo
 Description: Cement kiln dust (CKD) generated during the use of hazardous waste fuel contains elevated lead levels but tends not to leach enough lead to fail the extraction procedure (EP) toxicity test (SUPERSEDED: see 261.24). EPA considers cement kiln dust to be nonhazardous under the Bevill exemption and does not plan on issuing specific guidance (SEE ALSO: 60 FR 7366; 2/7/95).
 
10/05/1987SURFACE IMPOUNDMENTS HOLDING ONLY K-WASTES GENERATED UNDER A TEMPORARY EXCLUSIONMemo
 Description: Waste disposed in a surface impoundment during a temporary delisting exclusion is not subject to Subtitle C after the final denial decision unless it is actively managed (removed, excavated, shipped, mixed, or treated). The units are solid waste management units (SWMUs) for purposes of corrective action.
 
10/02/1987DELISTING POLICY ALLOWS EXCLUSION OF SEPARATE WASTE TREATMENT UNITS AT MULTI-UNIT FACILITIESMemo
 Description: Delistings allow the exclusion of separate waste treatment units at a multi-unit facility. Discusses the Oily Waste Extraction Procedure (OWEP) for oil and grease exceeding 1% (SEE ALSO: 261.24). Addresses the 6 month deadline for the submission of information before a petition dismissal. A withdrawal prevents a denial notice in the Federal Register.
 
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).
 
10/01/1987NATURAL GAS PIPELINE CONDENSATE AND ENERGY RECOVERYQuestion & Answer
 Description: Natural gas pipeline condensate can qualify as off-specification fuel and is thus exempt from the definition of solid waste when burned for energy recovery. Off-specification fuels are not by-products (SEE ALSO: RPC# 4/15/94-01).
 
09/23/1987F021 LISTING FOR SUBSTANCES CONTAINING CHLOROPHENOLIC COMPOUNDSMemo
 Description: Wood chips and sawdust from wood treated with a pentachlorophenol (PCP) formulation (Noxtane) are not F-listed or K-listed. They could be characteristic. Discarded CCP Noxtane is F027 due to the active ingredient PCP.
 
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.
 
09/15/1987BEVILL AMENDMENT APPLIED TO COAL GASIFICATION FACILITYMemo
 Description: The Bevill exemption for fossil fuel combustion wastes applies to controlled oxygen-starved coal combustion, if at least 50% of the fuel mix is coal. Coal gasification wastes qualify for the mining waste exclusion. Residues are excluded if they are derived from the treatment of wastes generated from Bevill exempt mining and mineral processing wastes.
 
09/04/1987RESTRICTED WASTE DEFINITIONMemo
 Description: A restricted waste is subject to the land disposal restrictions (LDR) even if accompanied by a delayed effective date. The initial generator must determine if the waste is restricted. If a facility treats waste to meet the treatment standard or if the waste meets the treatment standard upon generation, certification may be required.
 
09/03/1987CEMENT KILN BURNING HAZARDOUS WASTE FUELS DURING INTERIM STATUSMemo
 Description: Provides an interpretation of the 3005(e) provisions governing interim status qualification for big city cement kilns burning hazardous waste fuels. Discusses the 3004(q)(2) requirement that certain big city cement kilns comply with incinerator standards. Clarifies “in existence,” 3010(a) notification requirements, and Part A submission.
 
09/02/1987LIME STABILIZED WASTE PICKLE LIQUOR SLUDGE EXCLUSIONMemo
 Description: Lime-stabilized waste pickle liquor (K062) sludge is exempt via the derived-from rule and is no longer listed. The stabilization of K062 is treatment and may require a permit.
 
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).
 
09/01/1987LAND DISPOSAL RESTRICTIONS - HALOGENATED ORGANIC CARBONS (HOCS)Question & Answer
 Description: California List halogenated organic compound (HOC) wastes that are also F001-F005 wastes are subject to more specific solvent treatment standards and effective dates. Wastes containing constituents with different treatment standards are subject to both standards on their respective effective dates (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
09/01/1987TREATMENT OF INFECTIOUS WASTEQuestion & Answer
 Description: Provides an overview of the treatment methods for infectious wastes. While RCRA 1004 includes within the hazardous waste definition wastes with infectious characteristics, currently there are no federal regulations for infectious waste management (SEE ALSO: 60 FR 33912; 6/29/95).
 
08/31/1987MIXING LOW AND HIGH BTU WASTES - SHAM BURNING, BLENDING, MANIFESTINGMemo
 Description: Sham burning (less that 5000 Btu/lb heating value) determination is site-specific. Blending high and low Btu value waste may not render subsequent burning sham (SUPERSEDED: see 11/8/94-01; 266.100). A listed waste treatment residue retains the listing. EPA waste codes are not required on the manifest by EPA, but States or DOT may require them (SEE ALSO: RPC# 11/17/89-01).
 
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).
 
08/28/1987TOTALLY ENCLOSED TREATMENT EXEMPTION AND ACCUMULATION PROVISIONS APPLICABILITY TO AN ASH TREATMENT FACILITYMemo
 Description: A unit treating ash from an incinerator is not a totally enclosed treatment unit (TETU) since the incinerator is not an industrial process, the ash unit is not connected to an industrial process, and the incinerator releases constituents into the air. Treatment in a generator accumulation unit is exempt from permitting (SEE ALSO: RPC# 12/15/87-03).
 
08/19/1987MIXTURES OF LISTED AND CHARACTERISTIC WASTESMemo
 Description: Combining different hazardous waste in the same tank truck for transport is not regulated as hazardous waste treatment. The optional boxes on the manifest that are left blank are for use by states. EPA does not require waste codes on the manifest. Each waste in a waste mixture must be described on the manifest (currently under EPA review).
 
08/10/1987INTERPRETATION OF THE F006 LISTING RELATIVE TO COLLIS, INC., CLINTON, IOWAMemo
 Description: Since chromate conversion coating is no longer within the scope of electroplating operations, sludges from the treatment of associated wastewaters are not F006.
 
08/10/1987LAND DISPOSAL PROHIBITION RULE FOR SOLVENTSMemo
 Description: Only the initial generator can determine that a waste with less than 1% F001-F005 solvents is subject to a national capacity variance. Treatment facilities must treat residues to meet the applicable treatment standard and must complete land disposal restrictions (LDR) notification. The generator, not the treater, must determine if the waste is prohibited. The treater can apply for a case-by-case extension.
 
08/07/1987WASTES FROM ENVIRONMENTAL CHEMISTRY LABORATORYMemo
 Description: High temperature incineration is the recommended method of management for lab wastes that are not listed hazardous waste and that do not exhibit any characteristics, even though they are contaminated with dioxins.
 
08/03/1987SLUDGE DEHYDRATION EQUIPMENTMemo
 Description: Sludge dehydration equipment that is part of a wastewater treatment system is exempt from permitting if the equipment meets the definition of a wastewater treatment unit (WWTU) and is used to evaporate water from sludge. The exemption does not apply to incinerators.
 
08/03/1987SLUDGE DEHYDRATION EQUIPMENT AS A WASTEWATER TREATMENT UNITMemo
 Description: Sludge dehydration equipment that is part of a wastewater treatment system is exempt from permitting if the equipment meets the definition of a wastewater treatment unit (WWTU) and is used to evaporate water from sludge. The exemption does not apply to incinerators.
 
07/28/1987F009 LISTING AND THE MIXTURE RULE TO ELECTROPLATING RINSEWATERS AND RESINS; ELECTROPLATING RINSEWATERSMemo
 Description: Any residual (e.g., ion exchange canisters) from treating electroplating wastewaters for pollution control is F006 sludge. Electroplating rinsewaters are not listed, but the treatment of the rinsewater can create a listed F006 waste. If drops of stripping or cleaning solution (F009 when spent) on a part are carried over (carryover) to the rinsewater during the normal electroplating process, the rinsewater is not considered F009 via the mixture rule. Electroplating rinsewaters are not stripping or cleaning baths and cannot be F009. Sludges from the treatment of rinsewater could be F006 (SEE ALSO: RPPC 7/12/94-01; RPPC 4/7/88-01; RPPC 11/24/86-02).
 
07/24/1987ALTERNATE CONCENTRATION LIMIT (ACL) POLICY FOR HSWA PROVISIONSMemo
 Description: The 3005(j) aggressive biological treatment surface impoundment retrofitting exemption requires interim status facilities to be in compliance with a permitted facility groundwater monitoring program. Alternate concentration limits (ACLs) can be used to determine which groundwater monitoring program, compliance or corrective action, should be added to the permit.
 
07/24/1987WASTES GENERATED BY COKE AND COAL TAR PLANTSMemo
 Description: There are no solids or organics content or % water limits for “primarily aqueous” wastewater streams. Addresses the industrial wastewater discharge exclusion (261.4(b)(2)) and “commonly defined by the industry as wastewaters,” and provides examples. The wastewater treatment unit (WWTU) exemption is not for surface impoundments. Discusses “trigger” levels for possible coke by-product K-listings. The listing will be based on 261.11 criteria, which are based on potential hazards and mismanagement, but are not based directly on waste minimization.
 
07/22/1987FIRE TRAINING PITS, REGULATORY REQUIREMENTS FORMemo
 Description: Open pit burning of commercial fuels (kerosene, gasoline, jet fuel) for a fire training exercise is product use. Open burning (except waste explosive detonation) of other chemicals (used oil, spent solvents) that are not commercial fuels needs a permit or interim status. If a listed waste burned in an unlined pit seeps into the soil, the soil is regulated as hazardous until the waste is removed under the contained-in policy. If the original waste was not listed, the soil can still be hazardous waste if it is characteristic (SEE ALSO: 61 FR 18779; 4/29/96).
 
07/21/1987SOURCE REDUCTIONMemo
 Description: EPA’s strategy favors source reduction, waste minimization, and recycling over treatment and land disposal. Includes four reasons why source reduction is preferable to treatment. Not all wastes can be eliminated by source reduction.
 
07/17/1987DEACTIVATION (POPPING) FURNACES AS INCINERATORSMemo
 Description: Popping furnaces meet the definition of an incinerator since the process that occurs in the enclosed units is controlled flame combustion. Interim status for incinerators terminated 11/8/89 if a Part B permit application was not submitted by 11/8/86 per 270.73(f) (memo inaccurately cites 11/19/86 and 11/19/89 - should be 11/8/86 and 11/8/89).
 
07/16/1987NON-APPLICABILITY OF THE LESS-THAN-1% EXTENSION TO TREATMENT RESIDUALSMemo
 Description: A national capacity variance for wastes containing less than 1% total solvent constituents does not apply to residuals from the recovery of a restricted waste, but rather to the initial generator of waste before treatment. Treatment residues must meet the applicable land disposal restrictions (LDR) treatment standards.
 
07/14/1987GENERATOR RECYCLING HAZARDOUS WASTE ON-SITEMemo
 Description: EPA does not regulate the actual reclamation process. A generator performing distillation would not need to comply with other requirements. A generator complying with 262.34 can treat in an accumulation unit without a permit or interim status. Treatment equipment marketing is not regulated.
 
07/13/1987LIME-STABILIZED WASTE PICKLE LIQUOR SLUDGE EXEMPTION FOR LIME-AMMONIA STABILIZED IRON OXIDE SLUDGEMemo
 Description: Lime-ammonia stabilized iron oxide sludge derived from the stabilization of spent pickle liquor (K062) is exempt under the lime-stabilized waste pickle liquor sludge derived-from rule exemption.
 
07/13/1987WASTES FROM BRIGHT DIPPING UNDER THE REINTERPRETED F006 LISTINGMemo
 Description: A bright dipping is defined as a chemical etching operation. Wastewater treatment sludge from electroplating operations involving chemical etching is F006.
 
07/06/1987F006 LISTING DOES NOT INCLUDE ZINC PHOSPHATING WASTEWATER TREATMENT SLUDGESMemo
 Description: Wastewater treatment sludge from zinc phosphating on steel is not within the scope of the F006 listing. If a facility is in SIC Codes 331 or 332 and spent pickle liquor is introduced to a wastewater treatment system, the sludge may be K062.
 
07/02/1987INCINERATOR NOT CONSIDERED TOTALLY ENCLOSED TREATMENTMemo
 Description: Solid waste incinerators are regulated by states in accordance with general EPA guidelines in 40 CFR Part 240. Hazardous waste regulations do not govern the burning of nonhazardous waste.
 
07/01/1987CALIFORNIA LISTQuestion & Answer
 Description: The California List prohibition on nickel applies whether the nickel is contained chemically or physically in hazardous wastes. The ban is based on the total concentration of nickel in filtrate generated using the paint filter liquids test. A facility can precipitate nickel to a lower concentration in wastewater (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
07/01/1987LAND TREATMENTQuestion & Answer
 Description: A land treatment unit must always have at least three feet between the bottom of the treatment zone and the seasonal high water table. If the bottom of the treatment zone extends less than five feet into the soil, the owner may measure three feet down from the actual bottom of the treatment zone.
 
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.
 
06/26/1987GENERATOR REQUEST FOR EXEMPTION FROM OR EXTENSION OF LAND DISPOSAL RESTRICTIONSMemo
 Description: Land disposal includes land treatment. Restricted waste may not be land treated unless it meets the treatment standard or has been granted a no-migration variance.
 
06/26/1987SLUDGE 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).
 
06/19/1987REGULATORY STATUS OF VARIOUS TYPES OF PENTACHLOROPHENOL WASTESMemo
 Description: F021 is for pentachlorophenol (PCP) manufacturing wastes, not for wood-preserving wastes like dip tank bottom sludge or discarded pentachlorophenol (PCP)-treated wood (SEE ALSO: F032). F027 is for unused PCP wood preservatives, not for used formulations which come in contact with wood that remains in process vessel or dip tank after treatment or contained-in treated wood (posts, poles, railroad ties); K001 for treatment sludges from wastewater from PCP or creosote wood preserving, not dip tank bottom sludge from PCP wood preserving facilities (SEE ALSO: 261.24 and 261.31)
 
06/12/1987CLEAN CLOSURE AND DISPOSAL OF AN INCINERATORMemo
 Description: There are three disposal options for incinerators: clean closure and leave on site, clean closure and ship to a Subtitle D facility, and ship to a Subtitle C facility.
 
06/12/1987FILTER PRESS PROPOSED AS PART OF CORRECTIVE ACTION - NOT EXCLUDED FROM PERMITTINGMemo
 Description: A filter press may meet the totally enclosed treatment unit (TETU) definition. The wastewater treatment unit (WWTU) definition has no formal definition of wastewater. A CWA permit is not required for a WWTU, but discharge that occurs needs to be subject to CWA. The exemption from the definition of solid waste for materials that are recycled or reclaimed requires waste to be returned to the manufacturing process, not to another treatment unit.
 
06/12/1987WASTE ANALYSIS REQUIREMENTS IN INCOMING WASTE SHIPMENTS - LDRMemo
 Description: Land disposal facilities do not have to test each shipment of incoming waste for the land disposal restrictions (LDR). A facility’s waste analysis plan must specify procedures for testing and inspections. A disposal facility must obtain a detailed analysis of waste constituents from the generator or treater and should update it annually.
 
06/01/1987MOBILE WASTEWATER TREATMENT UNITSQuestion & Answer
 Description: A mobile treatment unit can be a tank. A mobile tank can be used as a part of an exempt wastewater treatment unit (WWTU). provided it is stationary when in operation.
 
05/22/1987F006 LISTING APPLIED TO PRINTING INDUSTRYMemo
 Description: Electroplating wastewater treatment sludges generated by the printing industry are included in the F006 listing.
 
05/20/1987PAINT WASTES AND THE SPENT SOLVENT LISTINGSMemo
 Description: Paint or paint sludge waste from a painting operation where paint has been thinned with waste xylene is not F003. Spent xylene used to clean spray guns is F003. A mixture of F003 and paint sludge produces F003 waste via the mixture rule (SEE ALSO: 66 FR 27266; 5/16/01). Sludge from the treatment of F003 remains F003, even if it no longer contains a solvent. Sludge may be land disposed if it meets treatment standards.
 
05/14/1987LABORATORY CARCASSES CONTAINING TCDDMemo
 Description: Bird eggs and carcasses injected with dilute solutions of TCDD do not meet the listing descriptions for the dioxin wastes, F020-F023, F026-F028, and are not regulated under TSCA. They are infectious wastes per Part 241 and are best managed in high temperature incinerator (SEE ALSO: 60 FR 33912; 6/29/95).
 
05/08/1987WASTES FROM ZINC PLATING (SEGREGATED BASIS) ON CARBON STEEL EXCLUDED FROM F006Memo
 Description: Wastewater treatment sludges from non-cyanide zinc plating processes (i.e., zinc plating (segregated basis) on carbon steel) are excluded from the F006 listing. The associated cleaning and stripping operations are also excluded. Such sludges are hazardous only if they are characteristic.
 
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.
 
05/01/1987EVAPORATOR USED TO REMOVE WATER FROM HAZARDOUS WASTEMemo
 Description: Evaporation meets the definition of treatment. Since an evaporator could release solid or hazardous constituents or water vapor into the air, the unit is not a totally enclosed treatment unit (TETU). An evaporator meets the definition of a thermal treatment unit, and if it meets the definition of a tank, generator treatment in the accumulation unit is exempt from permitting (SUPERSEDED, no thermal treatment in generator units: see RPC# 10/17/94-01).
 
04/18/1987SOIL CONTAMINATED WITH USED AND UNUSED PESTICIDES; SOIL CONTAMINATED WITH PESTICIDEMemo
 Description: Soil contaminated with discarded unused 2,4,5-T contains F027. Soil contaminated with 2,4,5,-T used as pesticide does not contain a listed waste, but is hazardous if it is excavated for discard and is characteristic. Incinerators burning F-listed dioxin wastes must achieve 99.9999% destruction and removal efficiency.
 
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).
 
04/17/1987USED OIL DESTINED FOR RECYCLINGMemo
 Description: The decision to not list used oil (51 FR 41900; 11/18/86) did not constitute a decision to not regulate used oil. EPA will issue used oil management standards and combustion controls (SEE ALSO: Part 279). Used oil mixed with hazardous waste or PCBs is currently regulated. Burning off-specification used oil is regulated.
 
04/15/1987SPENT AND RECLAIMED SOLVENTS, BLENDING OF RECLAIMED XYLENEMemo
 Description: Blending recycled solvents to produce marketable solvent is not regulated. A solvent and chemical mixture from a blending error that is sold as a fuel becomes a solid and hazardous waste when it is determined that it is not suitable for solvent use. Hazardous waste fuel blending tanks are regulated.
 
04/08/1987MUNICIPAL WASTE COMBUSTION, DISPOSAL OF RESIDUAL ASHMemo
 Description: Discusses regulatory alternatives for the management of characteristically hazardous municipal waste combustor (MWC) ash (SEE ALSO: RPC# 10/1/94-02; 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95; RPC# 3/22/95-01).
 
04/01/1987WASTE DERIVED FROM TREATING EXEMPT OR EXCLUDED WASTESQuestion & Answer
 Description: Ash derived from burning CESQG waste is not exempt from hazardous waste regulation. Ash from burning household waste remains exempt (SUPERSEDED: See RPC#10/1/94-02). Ash from burning arsenical-treated wood is subject to regulation if it is characteristic. CESQG waste is hazardous waste, but is exempt from regulation.
 
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.
 
03/26/1987DECISION NOT TO REQUIRE NOTIFICATION FROM GENERATORS WHO BURN SPECIFICATION USED OIL ON-SITEMemo
 Description: Used oil generators who also burn on-specification used oil on site do not need to notify (SEE ALSO: RPC# 1/20/87-03) (SUPERSEDED: see 279.70).
 
03/25/1987DEPARTMENT OF ARMY MUNITION DEACTIVATION POPPING FURNACEMemo
 Description: An applicant must provide a rationale to the permitting authority showing that the proposed trial burn waste represents the worst case scenario.
 
03/25/1987TREATMENT OF HAZARDOUS WASTE IN GENERATOR'S ACCUMULATION TANKSMemo
 Description: A generator meeting the requirements of 262.34 does not need to obtain a RCRA Subtitle C permit in order to conduct treatment in tank systems.
 
03/18/1987REACTIVE CHARACTERISTICS OF DISCHARGED LI/SO2 BATTERIESMemo
 Description: Based on the supplied data, EPA agrees that Li/SO2 (lithium-sulfur dioxide) batteries are unlikely to exhibit the reactivity characteristic when they are fully discharged to zero volts. Fully-charged and duty-cycle Li/SO2 batteries are reactive. The generator is responsible for the hazardous waste determination. The placement of ignitable (D001) or reactive (D003) waste into a landfill is prohibited unless it is treated, rendered, mixed before, or immediately after, placement in the landfill so that it is no longer characteristic (SEE ALSO: Part 268).
 
03/17/1987RESIDUES FROM U.S. NAVY SALVAGE FUEL BOILERMemo
 Description: Ash from a U.S. Navy salvage fuel boiler plant is not eligible for the household hazardous waste exclusion. The Bevill exemption for fossil fuel combustion wastes includes ash generated from combustion of coal-waste mixtures where coal makes up more than 50% of the fuel mixture (SEE ALSO: see 266.112).
 
03/17/1987TOTALLY ENCLOSED TREATMENT EXEMPTION APPLICABILITY TO A BAGHOUSE SYSTEMMemo
 Description: The totally enclosed treatment unit (TETU) exclusion is intended to exempt treatment in pipes exiting a process unit. A treatment unit must be connected directly to a process unit. A dust fixation system is not connected directly to a process. A treatment unit downstream of a baghouse is not a TETU.
 
03/11/1987CONTAMINATED GROUNDWATER, REGULATORY STATUS OFMemo
 Description: Interim status standards, not 264 standards, are imposed under 3008(h) orders. A treatment system for contaminated groundwater should be handled as a change during interim status. The leakage of hazardous waste compounds from process areas meets the definition of discarded. 264.1 and 265.1 provide exemptions for immediate response activities.
 
03/11/1987SOILS CONTAMINATED WITH CHLORDANE AND HEPTACHLOR DURING TREATMENT OF BUILDINGS FOR TERMITESMemo
 Description: Soil contaminated from the treatment of a home for termites with chlordane and heptachlor is not P-listed or U-listed, because the contamination is from normal pesticide use. The soil may be hazardous if it is characteristic. Addresses the contained-in policy.
 
03/10/1987DISPOSAL FACILITY REQUIREMENTS FOR LAND DISPOSAL RESTRICTIONS CERTIFICATIONMemo
 Description: Generators must send land disposal restrictions (LDR) notification with each shipment for wastes with restricted constituents (SUPERSEDED: See 62 FR 25997; 5/12/97). If the waste can be disposed without treatment, generator certification is necessary. Disposal facilities must verify that restricted wastes meet treatment standards.
 
03/10/1987RCRA “SPECIAL STUDY’ WASTE DEFINITIONS AND SITES THAT REQUIRE ADDITIONAL CONSIDERATION PRIOR TO NPL PROPOSAL UNDER THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACTMemo
 Description: Fossil fuels must be 50% of the fuel mix to qualify for the Bevill fossil fuel combustion exemption. Provides a definition of extraction, beneficiation, processing, large volume waste, cement kiln dust, bottom, fly ash, boiler slag, and flue gas desulfurization sludge. Discusses the criteria and examples for the oil, gas exploration, and development exclusion.
 
03/10/1987SOLVENT-CONTAINING WASTE SOLIDIFIED WITH VERMICULITEMemo
 Description: EPA cannot grant extensions to the effective date of land disposal restrictions (LDR) to generators that need time to find treatment capacity for restricted wastes or if treatment is costly. If adequate treatment capacity does not exist, the generator may apply for a case-by-case extension.
 
03/06/1987AUTOMOTIVE FLUIDS, REGULATION OFMemo
 Description: Automotive fluids are not listed hazardous waste, but they may be characteristic. Some brake and automatic transmission fluids are ignitable (D001). Used crankcase oil may be ignitable and may exhibit EP (extraction procedure) for lead (SUPERSEDED: see 261.24). Used oil (UO) that is recycled by burning is subject to 266 Subpart E; other UO recycling is exempt (SUPERSEDED: see Part 279). Brake fluid, power steering fluid, and automatic transmission fluid would all be considered UO. Antifreeze and windshield wiper fluid are not UO (SEE ALSO: 279.1).
 
03/06/1987AUTOMOTIVE FLUIDS, STATUS OFMemo
 Description: Automotive fluids are not listed hazardous waste, but they may be characteristic. Some brake and automatic transmission fluids are ignitable (D001). Used crankcase oil may be ignitable and may exhibit EP (extraction procedure) for lead (SUPERSEDED: see 261.24). Used oil (UO) that is recycled by burning is subject to 266 Subpart E; other UO recycling is exempt (SUPERSEDED: see Part 279). Brake fluid, power steering fluid, and automatic transmission fluid would all be considered UO. Antifreeze and windshield wiper fluid are not UO (SEE ALSO: 279.1).
 
03/03/1987ASH RESIDUE GENERATED FROM INCINERATION OF K045Memo
 Description: The mixture rule exclusion applies only to mixtures of solid waste (SW) and hazardous waste listed solely for characteristic, not residues from treating wastes listed for characteristic. K045 incineration residue is K045 even if the ash is not reactive (SEE ALSO: 66 FR 27266; 5/16/01).
 
03/01/1987GENERATION AND RECYCLINGQuestion & Answer
 Description: Recycling is a form of treatment. Recycling residues (still bottoms) are eligible for 262.34, including satellite accumulation. Still bottoms are not counted toward monthly generator determination if the spent solvents were already counted. The treatment activity is another distinct point of generation.
 
02/24/1987WASTEWATER TREATMENT UNITS ARE NOT DESIGNATED FACILITIES AND MAY NOT RECEIVE OFF-SITE HAZARDOUS WASTESMemo
 Description: A facility with an exempt wastewater treatment unit (WWTU) is usually not a designated facility and cannot accept manifested off-site waste. A POTW with a permit-by-rule is a designated facility. A designated facility is facility permitted, interim status, or a recycler (SUPERSEDED: See RPC# 3/26/98-01).
 
02/19/1987REPROCESSING 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.
 
02/03/1987LAND DISPOSAL RESTRICTIONS ON THE METAL FINISHING INDUSTRYMemo
 Description: Certain hazardous wastes are prohibited unless the wastes meet the land disposal restrictions (LDR) treatment standards set by EPA, or if a facility is granted a no-migration petition, national capacity variance, or case-by-case extension.
 
02/01/1987LIQUIDS IN LANDFILLSQuestion & Answer
 Description: Liquids which have been stabilized by the addition of absorbents must have a compressive strength of 50 p.s.i. before being placed in landfills (SUPERSEDED: see 264.314, 57 FR 54452; 11/18/92).
 
02/01/1987SMALL QUANTITY GENERATOR DETERMINATIONQuestion & Answer
 Description: A recycler who receives spent F005 solvents from off site must count both the still bottoms from solvent reclamation and the reclaimed solvent that is burned for energy recovery toward the monthly quantity determination. Reclaimed solvent used for solvent properties is not counted because it is beneficially reused.
 
01/28/1987APPLICABLIITY OF F006 LISTING TO BRIGHT-DIPPING OPERATIONSMemo
 Description: Since bright-dipping is considered chemical etching, it is an electroplating operation and associated wastewater treatment sludges are F006.
 
01/28/1987WASTES FROM ELECTROSTATIC WATERFALL CURTAIN PAINTING OPERATIONSMemo
 Description: Electrostatic painting is not an electroplating operation. The treatment sludge resulting from use of a waterfall curtain in electrostatic painting operations is not F006.
 
01/27/1987ELECTROCHEMICAL MACHINING WASTES AND THE SCOPE OF THE F006 LISTINGMemo
 Description: Chemical etching and milling (which includes bright dipping, electropolishing, electrochemical machining) is an electroplating operation and associated wastewater treatment sludges are F006.
 
01/20/1987BULK LIQUID HAZARDOUS WASTE SOLIDIFICATION REQUIREMENTSMemo
 Description: Provides guidance on determining an adequate binding level for chemically stabilizing bulk liquid waste. An owner or operator of a landfill is responsible for meeting the bulk liquid provisions (3004(c)(1)). A generator or client of a landfill is not responsible (SEE ALSO: RPC# 11/17/93-02).
 
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).
 
01/20/1987VOLUNTARY TREATMENT PRIOR TO LAND DISPOSALMemo
 Description: If residue from a waste treated voluntarily during a national capacity variance does not meet specifications of the waste subject to the national capacity variance, the residues must meet their treatment standard or the generator can submit a no-migration petition or apply for a treatability variance.
 
01/13/1987LAND DISPOSAL RESTRICTIONS FOR SOLVENTS AND DIOXINS, EXEMPTIONS TOMemo
 Description: The land disposal restrictions (LDR) treatment standards for solvents are set at concentration levels, and incineration is not mandatory. Facilities may not have to meet the standards if they are subject to a national capacity variance for wastes with less than 1% F001-F005 solvents, are SQGs, or are granted a no-migration variance.
 
01/12/1987SOLVENT-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.
 
01/07/1987BOILER VARIANCE FOR A WASTE HEAT RECOVERY BOILER NOT OF INTEGRAL DESIGN, DENIAL OFMemo
 Description: The definition of boiler and the boiler variance do not apply to combustors that are not of integral design.
 
01/06/1987SILVER RECOVERY IN THE PHOTOGRAPHIC INDUSTRY, CHEMICAL RECOVERY CARTRIDGES FORMemo
 Description: Properly washed photographic silver recovery units (e.g., steel wool cartridges, electrolytic recovery cells, ion exchange resins) are not hazardous waste if they are not characteristic. Residues from recovery units that treat wastewater are sludges and are not solid wastes when reclaimed (SEE ALSO: Part 266, Subpart F).
 
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.
 
12/31/1986ENFORCEMENT POLICY ON WASTE BURNING FOR ENERGY RECOVERYMemo
 Description: Waste with a heating value below 5000 Btu/lb is not a bona fide fuel and is considered to be incinerated when burned in a BIF. The 5000 Btu/lb criterion of the sham recycling policy does not apply to each individual chemical or constituent of the waste, but applies to the aggregate waste as generated before mixing (SUPERSEDED: see RPC# 11/8/94-01).
 
12/30/1986CONTAINERIZED AND BULK HAZARDOUS LIQUIDS IN RCRA LANDFILLSMemo
 Description: Any absorbent, biodegradable or non-biodegradable, may be used for the treatment and disposal of free liquids in a landfill (SUPERSEDED: see 57 FR 54452; 11/18/92, and RPC# 11/17/93-02).
 
12/30/1986TECHNICAL SUPPORT DOCUMENT FOR BDATMemo
 Description: The treatment standards for spent solvents do not require the use of a particular technology. The best demonstrated available technology (BDAT) background document for F001-F005 spent solvents provides information on the applicable technologies used to meet land disposal restrictions (LDR) standards and serves as a basis for decisions of treatment variances.
 
12/23/1986BURNING CHARACTERISTIC OFF-SPECIFICATION PETROLEUM PRODUCTS FOR ENERGY RECOVERYMemo
 Description: Listed or characteristic off-specification CCPs that are themselves fuels are not solid wastes when burned for energy recovery. Burning in an incinerator is burning for destruction, not energy recovery. Fuel mixed with used oil would be subject to regulation as off-specification used oil if the flash point is under 100 F (SEE ALSO: Part 266).
 
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.
 
12/22/1986PROPOSAL OF UNREGULATED DIOXIN WASTESMemo
 Description: Incineration is an appropriate management method for nonhazardous dioxin wastes (wastes that are not characteristic and are not covered by F-listings).
 
12/22/1986TOTALLY ENCLOSED TREATMENT EXEMPTION APPLICABILITY TO A BAGHOUSE SYSTEMMemo
 Description: Baghouses do not remove 100% of hazardous constituents, and treatment downstream of a baghouse is not part of a totally enclosed treatment unit (TETU). A baghouse is not part of an industrial production process, but is associated with waste treatment. Manufacturing process units are not subject to RCRA.
 
12/22/1986TREATMENT OF HAZARDOUS WASTE IN A GENERATOR'S ACCUMULATION TANKS AND CONTAINERSMemo
 Description: Generators can treat hazardous waste in accumulation tanks or containers without a permit, provided treatment is performed strictly in accordance with 262.34.
 
12/12/1986CLARIFICATION OF REGULATORY STATUS OF SPENT FLUIDIZED BED MEDIAMemo
 Description: Spent fluidized bed media contaminated from treating hazardous waste is not subject to the mixture or derived-from rules, but is hazardous waste via the contained-in policy. For a new incinerator at an interim status facility, revise the Part A application per changes during interim status regulations. The permitting agency approves the change, and the cost cannot exceed 50% of reconstruction under changes during interim status.
 
12/12/1986TRUCK OR RAIL SHIPMENTS OF A HAZARDOUS WASTE TO A POTWMemo
 Description: Treatment residues from listed wastes shipped to a POTW by means other than public sewers are (not exempt) not excluded and retain listings via the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). Wastes shipped by truck, rail, and dedicated pipe are not exempt. The POTW is to manage treatment residues as hazardous waste if listed or characteristic.
 
12/12/1986WASTE LISTINGS F006 AND K062, SCOPE OFMemo
 Description: Includes a reinterpretation of the scope of the F006 listing. F006 includes only common and precious metals electroplating, anodizing, chemical etching and milling, and cleaning and stripping when associated with these processes. Chemical conversion coating (see F019), electroless plating, and printed circuit board manufacturing are not included in the F006 listing. Wastewater treatment sludges from circuit board manufacturing operations that include processes within the scope of the listing (e.g., chemical etching) are F006. Spent pickle liquor generated by a facility not in SIC codes 331 or 332 is not K062.
 
12/11/1986DELISTING ISSUES RELATING TO EPA'S MOBILE INCINERATORMemo
 Description: Addresses possible revisions to a delisting decision and whether such revisions would open the petition to public notice and comment. Residues from treatment of delisted wastes are themselves delisted.
 
12/08/1986COMMERCIAL CHEMICAL PRODUCT P LISTING APPLIES ONLY TO UNUSED PRODUCT, NOT USED RESIDUESMemo
 Description: Ash from burning aluminum and/or magnesium phosphide for fumigation is a hazardous waste only if it is characteristic. The P006 listing does not apply because the aluminum phosphide has been used.
 
12/05/1986SOLVENTS USED AS REACTANT AND SOLVENT WASTES GENERATED BY A PRODUCTION PROCESSMemo
 Description: Process waste containing xylene used as a reactant in the formulation of sodium xylenesulfonate CCP is not F003. Still bottoms from the distillation of excess reactant xylene are not F003. Spent xylene and still bottoms from xylene recovery are not U239. Characteristic still bottoms are not subject to the F001-F005 treatment standards promulgated in the solvents and dioxins rule (51 FR 40638; 11/7/86).
 
12/05/1986SPENT FLUIDIZED BED MEDIA AND CHANGES UNDER INTERIM STATUSMemo
 Description: Spent fluidized bed media contains listed hazardous waste. The owner of an interim status facility can add a new incinerator, provided the conditions in 270.72 (changes during interim status) are met. The owner cannot exceed the 50% reconstruction limit.
 
12/05/1986TREATMENT 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.
 
12/02/1986SOLVENT RECLAMATION OPERATIONS AT SEMICONDUCTOR FIRMS AND APPLICABLE REGULATIONSMemo
 Description: Spent solvent reclamation at a generator facility is exempt treatment. The spent solvent is subject to regulation prior to reclamation. Generators managing spent solvents under 262.34 prior to reclamation are not subject to permitting.
 
12/01/1986EXISTING UNITS AND MIMIMUM TECHNOLOGY STANDARDSQuestion & Answer
 Description: Removing waste from a landfill, stabilizing it, and replacing it is not reuse or replacement of a landfill provided it is part of closure and no new waste is added. The landfill is still an existing unit and is not subject to the minimum technology standards of section 3004(o) (SEE ALSO: 57 FR 3464-3465; 1/29/92).
 
12/01/1986LAND DISPOSAL RESTRICTIONS - DILUTION TO MEET TREATMENT STANDARDSQuestion & Answer
 Description: Restricted wastes cannot be diluted to meet the treatment standards.
 
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.
 
12/01/1986LAND DISPOSAL RESTRICTIONS - TREATED WASTESQuestion & Answer
 Description: Listed hazardous wastes treated to meet the land disposal restrictions (LDR) treatment standards may be land disposed. Treated listed wastes remain hazardous until or unless they have been delisted. Treated characteristic wastes that no longer exhibit a characteristic are not hazardous wastes.
 
12/01/1986LAND DISPOSAL RESTRICTIONS - TREATMENT STANDARDSQuestion & Answer
 Description: A discussion of how treatment standards in the Constituent Concentration in Waste Extract (CCWE) Table of section 268.41 were developed. The standards are based on performance of a Best Demonstrated Available Technology (BDAT). The explanation of BDAT.
 
12/01/1986LAND DISPOSAL RESTRICTIONS - TREATMENT STANDARDS FOR DIOXINSQuestion & Answer
 Description: The treatment standards for tri-, tetra-, and pentachlorophenols (PCP) are different than those for dioxins and dibenzofurans because their detection limits are different.
 
12/01/1986LAND DISPOSAL RESTRICTIONS - VARIANCE FROM A TREATMENT STANDARDQuestion & Answer
 Description: Wastes for which treatment standards cannot be met (because the waste does not fit into a BDAT treatability group used to set a treatment standard) may be eligible for a treatability variance under section 268.44.
 
11/30/1986TRUCK OR RAIL SHIPMENT OF HAZARDOUS WASTE TO A POTWMemo
 Description: Waste that is shipped by truck, rail, or a dedicated pipe to a POTW is not eligible for the domestic sewage exclusion. The waste must pass through sewer system to be eligible. A POTW managing such waste would be subject to regulation but may have a permit-by-rule. The residues from treatment of such a waste would be hazardous.
 
11/28/1986TANK RULES APPLIED TO WWT UNITS AND DISTRIBUTION SYSTEMSMemo
 Description: A wastewater treatment unit (WWTU) is not subject to permitting. The closed-loop exclusion applies to a reclaimed material returned to the production process, production process is the manufacturing or primary activity. A manhole or sump serving as secondary containment must comply with Subpart J except for section 264.193.
 
11/24/1986PROPOSED PERMIT-BY-RULE FOR USED OIL RECYCLERSMemo
 Description: The filing of a used oil burner notification form 8700-12 before the effective date of the used oil rule will not subject the filer to the standards. Filing 8700-12 does not subject the filer to section 3004(u) corrective action. 8700-12 is not a permit application. A discussion of the proposed permit-by-rule provision for used oil recyclers per section 3014(d).
 
11/24/1986REGULATORY STATUS OF ELECTROPLATING RINSEWATER CONTAINING CYANIDESMemo
 Description: Discussion of F006 listing for rinsewater treatment sludge. Electroplating rinsewater is not listed. Cyanide plating and stripping solution carryover to rinsewater in a process does not make the rinsewater F007 or F009 via the mixture rule. Spent rinsewater and listed spent bath mixed after removal from plating process is listed (SEE ALSO: RPC# 7/12/94-01; RPC# 7/28/87-02; RPC# 4/7/88-01).
 
11/20/1986CONTAMINATED GROUND WATER AND VOLATILES FROM AIR STRIPPING, TREATMENT OFMemo
 Description: Contaminated groundwater is not a solid waste but must be handled as if it were a hazardous waste if it contains hazardous waste (contained in policy). Units handling such groundwater must be hazardous waste units. Such units may be exempt from permitting under the section 270.72 changes during interim status. Volatile organics released to the air during remediation are not solid wastes, but a release of hazardous constituents is subject to section 3008(h) corrective action authorities. The statute requires both air and groundwater contamination to be addressed. (SEE ALSO: 264/265 Subparts AA, BB, CC). A 1977 spill from a UST is subject to section 9003 corrective action is not subject to section 3008(h). The spraying of treated waste on land is land disposal and is subject to the land disposal restrictions (LDR).
 
11/19/1986RECYCLED PRECIOUS METALS, BATTERIES FROM DEFENSE DEPT. SUPPLIESMemo
 Description: Buttons, glass frames, insignia, electronic scrap, if not exempt scrap metal, are spent material. Recycling non-scrap metal can be precious metal recovery. A silver recovery cartridge only partially reclaimed is subject to regulation (SEE ALSO: RPC# 8/4/95-01, Part 273). Products reclaimed from hazardous waste are not regulated. Waste burned in an incinerator or other non-BIF thermal device are abandoned. Materials or energy recovery that occurs is considered ancillary to incineration.
 
11/13/1986GROUNDWATER CONTAMINATED WITH HAZARDOUS WASTE LEACHATEMemo
 Description: Groundwater is not a solid waste and is not subject to the mixture rule. Collected groundwater with hazardous waste (HW) leachate is handled as if it is a HW until it no longer contains a HW. Collected groundwater contaminated with a listed HW may be treated at an interim status facility per a 3008(h) order. EPA is examining whether permits should be required for corrective action. Discussion of the contained-in policy (SEE ALSO: 66 FR 27266; 5/16/01).
 
11/13/1986RCRA REGULATORY STATUS OF CONTAMINATED GROUNDWATERMemo
 Description: Contaminated groundwater is not a solid waste and not a hazardous by the mixture rule. The groundwater is hazardous if it contains a hazardous waste (HW). It must be handled as if it were that HW. Groundwater treated to no longer contain a HW would no longer be subject to regulation under the contained-in policy. Corrective action at a permitted facility could take place with a permit modification.
 
11/12/1986BURNING USED OIL AND THE LEAD SPECIFICATIONMemo
 Description: A decision to set used oil (UO) lead specification at 100 ppm is not affected by the lack of consideration of lead banking. The only effect of lead banking is to modestly increase estimates of the amount of off-specification used oil. EPA must propose action on a petition for rulemaking before taking final action. EPA prohibits nonindustrial boilers from burning off-specification used oil (SEE ALSO: 279).
 
11/01/1986HAZARDOUS WASTE FUEL IN INCINERATORSQuestion & Answer
 Description: An off-specification commercial chemical product (CCP) that is itself fuel or a component of fuel (e.g., benzene) is a hazardous waste when burned as a start-up fuel in an incinerator. Incinerators cannot use hazardous wastes as start-up or shut-down fuels unless the incinerator is operating within steady-state conditions or conditions specified in a permit.
 
11/01/1986PROHIBITION ON STORAGE OF RESTRICTED WASTEQuestion & Answer
 Description: A generator of a restricted waste may still obtain a 30 day extension to a 90 day accumulation time limit. In addition, generators who need to store restricted waste for longer than 90 days to facilitate recovery, treatment, or disposal may qualify for interim status and apply for a permit.
 
10/22/1986INCINERTION OF LABORATORY WASTES CONTAMINATED WITH TCDDMemo
 Description: Lab wastes such as paper towels, pipets, and laboratory gloves, that have come into contact with TCDD laboratory standards are not covered by the dioxin listings, F020-F023, F026-F028. Incineration may be a reasonable method of disposal for these wastes.
 
10/21/1986WASTES COVERED UNDER THE DIOXIN LISTINGMemo
 Description: Discussion of the applicability of F020 and F023 listings to wastes from the production of 2,4,5-trichlorophenol (TCP) and hexachlorophene. Wastewaters from 2,4,5-TCP process are not F020 or F023, but sludges from their treatment meet the listings. Clarification of highly purified 2,4,5-trichlorophenol. F020 and F023 wastes are regulated as acutely hazardous.
 
10/04/1986REINTERPRETATION NARROWING THE SCOPE OF THE F006 LISTINGMemo
 Description: A reinterpretation of the scope of the F006 listings. F006 includes only common and precious metals electroplating, anodizing, chemical etching and milling, and cleaning and stripping when associated with these processes. Chemical conversion coating (see F019), electroless plating, and printed circuit board manufacturing are not included in the F006 listing. Wastewater treatment sludges from circuit board manufacturing operations that include processes within the scope of the listing (e.g., chemical etching) are F006.
 
10/01/1986LAND DISPOSAL RESTRICTION VARIANCESQuestion & Answer
 Description: Facilities of waste subject to the land disposal restrictions (LDR) for which no treatment technologies have been developed can obtain a no-migration variance under section 3004(e), a case-by-case extension under section 3004(h)(3), and a treatability variance (Historical MRQ).
 
09/25/1986MANAGEMENT OF WASTES PRIOR TO INTRODUCTION INTO SEWERMemo
 Description: A facility that generates a hazardous waste and ships it to POTW for treatment must comply with all applicable accumulation and transportation requirements, including the manifest.
 
09/25/1986REINTERPRETATION OF THE F006 LISTINGMemo
 Description: A reinterpretation of the scope of the F006 listings. F006 includes only common and precious metals electroplating, anodizing, chemical etching and milling, and cleaning and stripping when associated with these processes. Chemical conversion coating (see F019), electroless plating, and printed circuit board manufacturing are not included in the F006 listing. Wastewater treatment sludges from circuit board manufacturing operations that include processes within the scope of the listing (e.g., chemical etching) are F006.
 
09/22/1986OPEN BURNING/OPEN DETONATION AT DOD FACILITIESMemo
 Description: RCRA does not apply to open burning/open detonation (OB/OD) training areas or impact ranges as long as they are not used for disposal. If they are used for disposal, the areas may be solid waste management units (SWMUs).
 
09/19/1986CONSTRUCTION OF A NEW INCINERATOR WITH THE CHANGES DURING INTERIM STATUSMemo
 Description: A facility continues to have interim status until it is terminated by one of the events listed in section 270.73. The construction of a replacement incinerator is subject to a reconstruction cost limit.
 
09/18/1986FIELD ASSESSMENT AND PUBLIC INVOLVEMENT PLAN FOR THE OCCIDENTAL INCINERATORMemo
 Description: The purpose of field assessments and the public involvement plans for the Occidental incinerator public involvement program.
 
09/15/1986USED OIL FIRED SPACE HEATERSMemo
 Description: Used oil (UO) can be burned in a space heater if it is generated on-site or collected from Do-It-Yourselfers (DIYs), it is not mixed with a hazardous waste, the heater has a maximum capacity of less than 0.5 million Btu/hour, and flue gases are vented outdoors (e.g., chimney).
 
09/15/1986USED OIL FOR INDUSTRIAL BURNERSMemo
 Description: Burning on-specification used oil (UO) is not regulated, but the on-site burner must notify as a marketer if the first claim meets the specification. They must be able to demonstrate the UO meets specification. Lab analysis is a good way to demonstrate specification. Burning off-specification UO is regulated. It may only be burned in industrial devices (attachment describes lead banking and relationship between UO regulations and Clean Air Act regulations). A mixture of UO and hazardous waste (HW) is HW. Under the rebuttable presumption, at a 1000 ppm halogen concentration EPA will presume the UO has been mixed with a halogenated HW. The presumption can be rebutted by demonstrating that all halogens are inorganic.
 
09/12/1986WOOD TREATMENT CYLINDER CREOSOTE SUMPSMemo
 Description: A sump collecting nonhazardous creosote from drips, leaks, or spills from wood treatment operations may be considered a solid waste management unit (SWMU) (SEE ALSO: 55 FR 50450; 12/6/90, F034 listing in 261.31, 264 Subpart W, 265 Subpart W, and 55 FR 30798; 7/27/90).
 
09/12/1986WOOD TREATMENT CYLINDER CREOSOTE SUMPSMemo
 Description: A sump used to collect creosote drippage, leakage, or other spillage from wood treatment is solid waste management unit (SWMU), and potentially subject to corrective action (even if waste in the sump is not hazardous).
 
09/11/1986INCINERATORS FOR DESTRUCTION OF NERVE AGENTS, HIGH PRIORITY PERMITTINGMemo
 Description: Priorities for permitting incinerators are for destruction of nerve agents. Permits for Pueblo Army Depot incinerators must comply with the state and EPA requirements.
 
09/11/1986PERMIT APPLICATIONS FOR DESTRUCTION OF NERVE AGENTSMemo
 Description: Priorities for permitting incinerators are for destruction of nerve agents. Permits for Pueblo Army Depot incinerators must comply with the state and EPA requirements.
 
08/19/1986TREATMENT 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.
 
08/12/1986HALOGEN ACID FURNACES AS INDUSTRIAL FURNACES OR BOILERSMemo
 Description: Halogen acid furnaces (HAFs) that burn secondary streams as an ingredient and for energy recovery are not boilers and should be classified as industrial furnaces. Heat from burning streams fuels the furnace reactions. Energy recovery does have to involve export of energy from a combustion device.
 
08/11/1986CASE-BY-CASE EXTENSION UNDER THE LAND DISPOSAL RESTRICTIONS, INFORMATION REQUIREDMemo
 Description: An overview of information that EPA requires for receiving case-by-case extensions of the land disposal restrictions (LDR) effective date under section 3004(h)(3). Facilities can opt to use the treatment surface impoundment exemption under section 3005(j)(11).
 
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).
 
07/31/1986USED OIL, BURNING OF OFF-SPECIFICATION FUEL - DUMPINGMemo
 Description: Burners of off-specification used oil are only required to notify EPA and comply with the paperwork requirements (SUPERSEDED: see Part 279, Subpart G).
 
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.
 
07/15/1986ACTIVATED CARBON CANISTERS SATURATED WITH SPENT SOLVENTSMemo
 Description: Degreasing vapors with Freon 113, TCE, and methylene chloride are not solid waste until absorbed into carbon (not contained gases) (SEE ALSO: 56 FR 7200; 2/21/91). Spent carbon canister is not hazardous waste via the mixture rule, but may be characteristic.
 
07/15/1986LAND TREATMENT UNITS, DEPTH TO WATER TABLE REQUIREMENTMemo
 Description: The treatment zone in a land treatment unit must be one meter above the seasonally high water table.
 
07/09/1986CHARACTERISTIC HAZARDOUS WASTES GENERATED AT PRIMARY METAL SMELTING AND REFINING SITESMemo
 Description: Data on the hazardousness of wastes generated at primary metal smelting and refining sites.
 
07/03/1986JURISDICTION AND REGULATION OF MIXED WASTE MANAGEMENT INCLUDING INCINERATION AND LOCATION CRITERIAMemo
 Description: An overview of the hazardous waste component of mixed waste subject to RCRA. Incineration must meet requirements under RCRA, Clean Air Act (CAA), and Atomic Energy Act (AEA). A discussion of the state authorization of mixed waste. The Nuclear Regulatory Commission will regulate low-level radioactive waste.
 
07/01/1986LAND DISPOSAL PROHIBITIONQuestion & Answer
 Description: An overview of EPA’s original intentions regarding the land disposal restrictions (LDR). EPA will not categorically prohibit the land disposal of all hazardous waste. A discussion of permissible land disposal. Discusses the development and structure of treatment standards (SEE ALSO: Part 268).
 
06/30/1986BURNING OF OFF-SPEC USED OILMemo
 Description: Off-specification used oil may be burned in industrial boilers. Only burning of off-specification used oil in nonindustrial boilers is prohibited pursuant to section 266.44 (SUPERSEDED: see 279.61).
 
06/30/1986THERMAL RELIEF VENTS ON HAZARDOUS WASTE INCINERATORS, ACCEPTABILITY OFMemo
 Description: Thermal relief vents (dump stack) that vent directly to the atmosphere are allowed. Incinerator facilities should limit the use by installing back-up systems and adding emission control systems to the vents.
 
06/27/1986MUNICIPAL WASTE INCINERATOR ASH MANAGEMENTMemo
 Description: Municipal waste combustion (MWC) ash may exhibit a hazardous waste characteristic and, therefore, be subject to Subtitle C. Residues that do not exhibit a characteristic may be disposed of in a Subtitle D landfill (SEE ALSO: RPC# 3/22/95-01, 59 FR 29372; 6/7/94, 60 FR 6666; 2/3/95 and RPC# 10/1/94-02).
 
06/27/1986USED OIL FUELS BURNED IN INCINERATORSMemo
 Description: Used oil (UO) regulations currently do not apply to UO burned as an auxiliary fuel in Subpart O incinerators, unless the UO exhibits a characteristic or is listed (SUPERSEDED: see 279.12, 279.61). Burning of auxiliary fuel in an incinerator is generally burning for destruction and not for energy recovery. Open burning of UO in pits for fire training is not regulated unless it is listed or exhibits a characteristic (SEE ALSO: RPC# 7/22/87-01).
 
06/24/1986AUTHORIZATION OF STATE PROGRAMS TO IMPLEMENT LAND DISPOSAL RESTRICTIONS PROGRAMSMemo
 Description: State programs can be more stringent or broader in scope. EPA can enforce in an unauthorized state. A memo of understanding or overfiling keep programs consistent. A discussion of generator counting of waste cartridges. A totally enclosed treatment waste is subject to the land disposal restrictions (LDR).
 
06/24/1986MECHANICAL PLATING WASTES IN THE F006 LISTING, NON-INCLUSION OFMemo
 Description: A mechanical plating operation is not an electrolytic process and so wastewater treatment sludges from mechanical plating are not covered by the F006 listing.
 
06/17/1986PERMITTING OF TREATMENT ACTIVITIES OCCURRING IN A GENERATOR'S ACCUMULATION TANKS OR CONTAINERSMemo
 Description: Detailed discussion of the EPA policy allowing generators to treat hazardous waste in accumulation tanks or containers without obtaining a permit or interim status (SEE ALSO: 51 FR 10168; 3/24/86). If a facility has interim status, and should withdraw permit application, Region or State will determine residual interim status obligations (e.g., closure requirements).
 
06/16/1986PERMITTING AND CORRECTIVE ACTION REQUIREMENTS AFFECTING COMPLIANCE WITH LAND DISPOSAL RESTRICTIONSMemo
 Description: EPA does not have the discretion to waive the section 3005(a) preconstruction ban. Permits may be issued separately to different regulated units. An incinerator permit must address all releases from regulated units (RUs) and nonregulated units except for releases from RUs to groundwater, which are addressed in the permit for RUs (SEE ALSO: 63 FR 56711; 10/22/98). A discussion of the timing of groundwater corrective action v. corrective action for all other media.
 
06/16/1986RESIDUAL WATER DERIVED FROM AN EXEMPT WASTE (COAL ASH) IS EXEMPTMemo
 Description: Residual water that becomes corrosive (D002) from Bevill exempt fossil fuel combustion waste is also exempt. Residual water derived from an exempt waste is exempt.
 
06/12/1986BULK LIQUIDS AND DRAIN/LEACHING FIELDSMemo
 Description: Section 3004(c)(1) applies only to bulk liquid hazardous waste. the land disposal restrictions (LDR) limit the number of organic wastes placed on the land. Surface drain fields are regulated under RCRA as a land treatment facility, subsurface drain fields are regulated under SDWA.
 
06/10/1986PERMITTING INCINERATORSMemo
 Description: A trial burn and receipt of trial burn data is required prior to permit issuance in most cases. If the incinerator requires major modifications the permit may be issued prior to the trial burn.
 
06/04/1986PERMITS FOR PLACEMENT OF HAZARDOUS WASTE IN UNDERGROUND SALT MINESMemo
 Description: Hazardous waste other than bulk liquids, can be placed in salt mines if a permit is issued. Salt mines may be miscellaneous units. An overview of the State and Federal consultation process on joint permitting.
 
06/01/1986TREATMENT STUDIES AND PERMITS Question & Answer
 Description: Hazardous waste samples collected for a treatability studies do not qualify for section 261.4(d). An overview of treatability studies subject to interim status or permit standards. Experimental testing may be conducted under a research, development and demonstration (RDD) permit, or Subpart X (Miscellaneous Units) (SUPERSEDED: See 261.4(e) and (f)).
 
05/27/1986RESIDUES FROM MUNICIPAL WASTE RESOURCE RECOVERY FACILITIES; MUNICIPAL WASTE COMBUSTION RESIDUES-ASH AND SLUDGEMemo
 Description: Municipal waste combustion (MWC) ash may exhibit the toxicity characteristic. Hazardous ash disposed in landfills is subject to all hazardous standards. EPA has authority under CAA and RCRA to control dust. RCRA is the primary authority for groundwater protection at active landfills (SEE ALSO: RPC# 10/1/94-02; 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95; RPC# 3/22/95-01).
 
05/22/1986SLUDGES GENERATED FROM THE FIRST CLEANING STAGES OF PHOSPHATING PROCESSMemo
 Description: Wastewater treatment sludges from the initial cleaning steps in the electroplating process that are kept separate from wastes from subsequent portions of process may not carry the F006 listing (SEE ALSO: 51 FR 43350; 12/2/86).
 
05/20/1986SPENT SOLVENT RECOVERY, WASTE MANAGEMENT TAXMemo
 Description: Recovered solvents are no longer wastes. Solvents blended with oil and burned are still hazardous wastes. A discussion of taxes on hazardous wastes.
 
05/07/1986DIOXIN TRIAL BURNS FOR PURPOSES OF CERTIFICATION OR A RCRA PERMITMemo
 Description: A certification is not required prior to the dioxin trial burn. The incinerator facility should use dioxin waste as a trial burn fuel. There may be cases where a synthetic material should be substituted as test fuel.
 
05/01/1986INTERIM STATUS AND SQGSQuestion & Answer
 Description: A CESQG treating on-site exceeding the 1000 kg accumulation limit may apply for interim status instead of managing the waste under LQG requirements. Since CESQGs are exempt from submitting a Notification of Regulated Waste Activity Form (8700-12), the notification is not required for the eligibility for interim status under section 3005(e) of RCRA (3010).
 
05/01/1986TREATMENT WITHOUT A PERMITQuestion & Answer
 Description: Dilution is treatment, but the treatment in an accumulation tank or container under section 262.34 does not require a permit (SEE ALSO: 268.3, 268.7(a)(4)). A characteristic waste treated so it no longer exhibits a characteristic can be disposed of in a Subtitle D landfill (SEE ALSO: 268.9).
 
04/24/1986DESTRUCTION OF DIOXIN CONTAMINATED SOIL USING MOBILE INCINERATIONMemo
 Description: A discussion of the use of trial or test burn information in a delisting petition. Delistings apply only to a waste at the facility covered by the exclusion, not to other facilities. The delistings apply to the waste itself and not to surrogates. Research, demonstration, and development units need a permit prior to construction.
 
04/24/1986DESTRUCTION OF DIOXIN CONTAMINATED SOIL USING MOBILE INCINERATIONMemo
 Description: An overview of the use of trial or test burn information in a delisting petition. Delistings apply only to waste at a facility covered by the exclusion, not to other facilities. Delistings apply to a waste the itself and not to surrogates. Research, demonstration, and development units need a permit prior to construction.
 
04/23/1986CARBON REGENERATION FACILITY, MIXTURE OF SOLID AND HAZARDOUS WASTES (CALGON)Memo
 Description: Water used to transport listed spent activated carbon to a treatment process may not be hazardous waste via the mixture rule or contained-in policy if Part 261, Appendix VIII constituents have not desorbed into the water from carbon and if carbon solids are not discharged with water (SEE ALSO: 61 FR 18779; 4/29/96).
 
04/21/1986BURNING OF USED OIL IN THE MARINE INDUSTRY AND USED OIL GENERATOR NOTIFICATION REQUIREMENTSMemo
 Description: Used oil (UO) burned in marine engines is not regulated. The burning of UO in a shipboard steam boiler is regulated. A shipboard steam boiler is considered an industrial boiler. Ships burning UO that is generated on board must notify as burners if it is off-specification UO. UO generators are not required to notify unless they market directly to a burner. If a ship transfers UO to a transporter, the transporter, not the ship, may be a marketer.
 
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).
 
04/21/1986NEUTRALIZATION SURFACE IMPOUNDMENTS, RETROFITTING VARIANCESMemo
 Description: Interim status surface impoundment may be exempt from retrofitting if they neutralize waste and demonstrate no migration of constituents. The section 3005(j)(4) exemption is similar to section 265.90(e). Section 3005(j)(2) may apply to a neutralization impoundment. An impoundment that is exempt from groundwater monitoring must comply with section 270.14(c).
 
04/21/1986PRECIPITATION WHICH IS CORROSIVE DUE TO CONTACT WITH EXEMPT WASTES (COAL GASIFICATION ASH)Memo
 Description: Precipitation that becomes corrosive (D002) solely as a result of contact with Bevill exempt fossil fuel combustion wastes (such as coal gasification ash) is exempt since characteristic is derived from the exempt waste.
 
04/16/1986ACCUMULATION AND TREATMENT OF WASTES ON-SITE/PERMIT REQUIREMENTSMemo
 Description: A generator who solidifies or fixes hazardous waste in an accumulation tank or container does not need a permit or interim status.
 
04/11/1986ADMINISTRATIVE CONTROLS AND STORAGE STANDARDS FOR MARKETERS OF HAZARDOUS WASTEMemo
 Description: A historical discussion of regulations applicable to marketers and burners of hazardous waste-derived fuels and used oil fuels. The standards apply to owners and operators of facilities, either owner or operator may choose to comply with the standards (SUPERSEDED: 266, Subpart D, removed by 56 FR 7194; 2/21/91) (SEE ALSO 266.100; 279.60; 279.61; and 279.70).
 
04/11/1986HAZARDOUS 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.
 
04/08/1986HAZARDOUS WASTE HAS BEEN MIXED WITH USED OIL (1000PPM TOTAL HALOGENS) (REBUTTABLE PRESUMPTION)Memo
 Description: Used oil (UO) failing the rebuttable presumption is presumed to be mixed with a listed hazardous waste (HW) and is itself a listed HW. The owner or operator can rebut the presumption by showing no significant concentrations of Appendix VIII constituents. Fuel produced by treating used oil to remove chlorides, and thus reduce halogen level, is still a HW. This type of treatment requires permit.
 
04/07/1986ENVIRONMENTAL 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)).
 
04/02/1986CARBON REGENERATION FACILITIESMemo
 Description: Spent carbon is a spent material or sludge and a solid waste. Spent carbon may be exempt if the sludge is being reclaimed. It may be hazardous if contains a listed waste or exhibits a characteristic. Carbon regeneration units are exempt recycling units (SUPERSEDED: See 56 FR 7200; 2/21/91). Unlikely off-gas vaporization is a legitimate or bona fide recycling process.
 
04/02/1986CLOSURE OF A DOE SURFACE IMPOUNDMENT THAT LOST INTERIM STATUSMemo
 Description: A waste from a surface impoundment that lost interim status may be removed, treated, and placed back in the unit at closure. The replacement of waste from the same surface impoundment for closure does not constitute reuse. When unable to remove all constituents from the unit the owner or operator should follow section 265.310 closure as a landfill requirements.
 
04/01/1986APPLICABILITY OF PERMITTING TO GROUNDWATER TREATMENT UNITMemo
 Description: No permit is needed for a carbon adsorption system used to treat groundwater that does not contain a listed waste and does not exhibit a characteristic.
 
03/27/1986LAND DISPOSAL RESTRICTIONS HEARING ON FEB 24, 1986 RESPONSESMemo
 Description: Solvent-containing wastes going for disposal generally exceed the constituent treatment levels under the land disposal restrictions (LDR). Dioxin-containing wastes, including soils, will require treatment prior to disposal (SEE ALSO: 63 FR 28556; 5/26/98).
 
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.
 
03/21/1986CHROMIUM WASTES: TRIVALENT AND HEXAVALENT, CHROMIUM IN TANNERY WASTESMemo
 Description: The extraction procedure (EP) toxicity based on the total chromium (hexavalent and trivalent) (SUPERSEDED: see 261.24). Trivalent chromium oxidizes to hexavalent when drinking water is treated with chlorine. Tannery wastes containing solely trivalent chromium are excluded. The extraction procedure thresholds are 100X the drinking water standard.
 
03/20/1986DETERMINATION OF THE PRESENCE OF WASTEWATER TREATMENT SLUDGES AND/OR THE PRESENCE OF WASTEWATERMemo
 Description: Wastewater management generates a wastewater treatment sludge. To prove wastewater management has created a sludge, one need only show that the the unit or soil after contact with wastewater is physically or chemically different from the virgin unit or soil. Even when fully treated, industrial wastewater remains a wastewater for listings. Management of electroplating or wood preserving wastewater at any point in the wastewater treatment train creates an F006 or K001 sludge, regardless of the actual sludge contaminants or concentrations. Discussion of the delisting option.
 
03/19/1986RECYCLED GASOLINE/WATER AND FUEL OIL/WATER MIXTURESMemo
 Description: Gas and water or oil and water mixtures are not regulated when reclaimed to produce fuels because they are considered off-specification CCP normally used as fuels. Virgin gas incinerated to recover energy is not a solid waste as gas is typically burned as a fuel.
 
03/19/1986WASTE-AS-FUEL RULES AT DOD FACILITIES, IMPLEMENTATIONMemo
 Description: A historical discussion of the DOD approach to the implementation of hazardous waste-derived fuels and the off-specification used oil fuels marketer and burner regulations (SUPERSEDED: see 56 FR 7194; 2/21/91; see 57 FR 41566; 9/1/92).
 
03/14/1986SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: The owner of a landfill applying for the liner exemption must show that the unit prevents migration of hazardous constituents. The bulk treatment for hazardous liquids cannot include absorption. Bulk liquids that have been chemically stabilized must pass the paint filter liquids test. Guidance on filtering groundwater prior to analysis. Brass bailers should not be used when sampling groundwater for metals. Guidance on the use of mathematical models when aquifers have unique features. The definition of a solid waste management unit (SWMU) includes the areas with routine and systematic releases. The use of surface water limits as Alternate Concentration limits (ACLs). Guidance on determining the potential point of exposure for ACL applications. The use of modeling information in establishing ACLs. ACL guidance allows grouping of hazardous constituents. Activated carbon filtration may not be appropriate for pentachlorophenol (PCP)-contaminated groundwater. Corrective action programs for regulated land disposal units must be part of a facility’s permit. The owner of a facility who counterpumps contaminated groundwater during corrective action must handle the contaminated groundwater as a hazardous waste, the Part B application must include groundwater management procedures.
 
03/08/1986OFF-SPECIFICATION JET FUEL BURNED AS KEROSENE FUELMemo
 Description: Off-specification jet fuel being burned as kerosene is not a solid waste, even though it is not fueling jets. Off-specification CCP is not a solid waste if it is used for its original purpose.
 
03/05/1986BURNING OFF-SPECIFICATION USED OIL FUEL IN GREENHOUSESMemo
 Description: An industrial boiler (BIF) is one which produces electric power, steam, or heated or cooled air, or other gases or fluids for the use in a manufacturing process. The definition is meant to distinguish these from non-industrial boilers heating residences or commercial buildings. A boiler used in agricultural processes, such as greenhouses, are industrial boilers. The supplier of off-specification used oil (UO) to the nursery is a marketer and the nursery is subject to the used oil burner standards.
 
03/03/1986SPENT CARBON USED TO REMOVE DISSOLVED PENTACHLOROPHENOL (PCP) FROM GROUNDWATERMemo
 Description: Spent carbon used to treat groundwater contaminated by product pentachlorophenol (PCP) spill is acute hazardous waste F027. Under other circumstances, carbon is not regulated (SEE ALSO: 261.24 and 261.31: F032).
 
03/01/1986FUME INCINERATORSQuestion & Answer
 Description: A fume incinerator used only to destroy gaseous emissions from an industrial process is not subject to RCRA because fume input is an uncontained gas, not a solid waste. The unit burning hazardous waste as a fuel is subject to Subpart O unless it is a BIF.
 
03/01/1986HAZARDOUS WASTE FUELQuestion & Answer
 Description: A hazardous waste fuel produced by blending, or an other treatment is subject to regulation when burned for energy recovery in a BIF. 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).
 
03/01/1986RCRA PERMITS FOR MOBILE TREATMENT UNITSQuestion & Answer
 Description: While a mobile treatment unit can be prefabricated and transported to a proposed treatment site, construction at the site cannot begin until a permit is issued.
 
02/28/1986MIXING HAZARDOUS WASTE WITH USED OIL (REBUTTABLE PRESUMPTION)Memo
 Description: The rebuttable presumption only applies to used oil (UO) to be burned for energy recovery (SUPERSEDED: see 279.10(b)). The rebuttable presumption does not establish a new characteristic. A “significant concentration” that would indicate mixing depends on halogenated compounds found and circumstances of generation and collection. UO with less than 100 ppm of F001 or F002 constituents can rebut the presumption. Rebuttal analysis should measure the Appendix VIII compounds used at a facility and those reasonably expected to enter a UO waste stream.
 
02/25/1986TORPEDO PROPULSION UNITS SHIPPED FOR RECYCLING, REGULATION OFMemo
 Description: Metal torpedo components which must be decontaminated before reuse are not exempt under 261.2(e). Components are scrap metal and are exempt when reclaimed. A sump defined as a tank can be a wastewater treatment unit (WWTU). Hazardous waste (HW) surface impoundments are not WWTUs. If it is storing HW prior to neutralization and is not part of WWTU or other exempt unit, a sump is subject to 262.34 or Parts 264/Part 265.
 
02/13/1986BURNING USED OIL IN SPACE HEATERS, INDUSTRIAL FURNACES, AND BOILERSMemo
 Description: Pursuant to Part 266 Subpart E (SUPERSEDED: see Part 279) service stations and repair shops are allowed to burn used oil (UO) generated on-site and UO accepted from Do-It-Yourselfers (DIYs), but not UO accepted from other businesses in space heaters. Off-specification used oil can be burned in an industrial boiler, but not in heating boilers, on-site where generated without analysis for specification (SEE ALSO: 50 FR 49191; 11/29/85 and 279.61(a)(2)(ii)).
 
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).
 
02/11/1986TOTALLY ENCLOSED TREATMENT EXEMPTION FOR SCRAP METAL RECYCLERMemo
 Description: A tank treating emission control dust at a scrap metal recycler is not a totally enclosed treatment unit (TETU) since the treatment occurs downstream of the baghouse, and the baghouse is not part of the production process. Characteristic emission control dust is a sludge, and is not a solid waste if recycled. If the dust is returned to cupola for metal recovery, the process is exempt reuse.
 
02/11/1986WOOD TREATED WITH CREOSOTE, DISPOSAL OFMemo
 Description: Creosote-treated wood is unlikely to be a HW. It is not listed (K001, K035) and it is unlikely to be characteristic. The FIFRA regulations prohibit burning of creosote-treated wood.
 
02/09/1986MARKETING OR BURNING HAZARDOUS WASTE FUEL, NOTIFICATION OFMemo
 Description: A historical discussion of the notification and manifest requirements for hazardous waste-derived fuel handlers (SUPERSEDED: see 56 FR 7194; 2/21/91; see 266.100).
 
02/06/1986TOTALLY ENCLOSED TREATMENT EXEMPTION FOR WET-AIR OXIDATION UNIT(VERTECH)Memo
 Description: The totally enclosed treatment unit (TETU) definition does not include a unit that discharges waste during treatment. Wet air oxidation units, incinerators, and thermal treatment units are not TETUs. Neutralization in a pipe is TETU. An underground wet air oxidation unit and associated above ground thermal treatment processes may be permitted via a research, development, and demonstration permit (RDD), or a miscellaneous unit permit.
 
02/01/1986FOSSIL FUEL COMBUSTION WASTE EXCLUSIONQuestion & Answer
 Description: Quench water that becomes corrosive (D002) as a result of contact with ash from coal combustion is exempt under the section 261.4(b)(4) Bevill exclusion for fossil fuel combustion wastes since the characteristic is derived from exempt waste.
 
01/30/1986ANTI-NEOPLASTIC AGENTS IN HOSPITAL WASTES, DISPOSAL OFMemo
 Description: Seven antineoplastics are U-listed hazardous waste. Antineoplastics are not regulated as class. Hospitals generating less than 100 kg/mo exempt as CESQG. There is no EPA guidance for a proper incineration destruction temperature.
 
01/28/1986HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAMS, CERCLA AND RCRA LIABILITY OF MUNICIPAL SPONSORS OFMemo
 Description: Household hazardous waste (HHW) is excluded from Subtitle C regulation even if accumulated in quantities that would otherwise be regulated, or when transported, treated, disposed. Household waste mixed with other regulated waste is regulated. There is no exemption from CERCLA liability. EPA may use enforcement discretion.
 
01/21/1986SULFUR RECOVERY FURNACES ARE INDUSTRIAL FURNACES SUBJECT TO THE WASTE-AS-FUEL RULESMemo
 Description: Combustion devices used in the recovery of sulfur values from spent sulfuric acid are boilers. Sulfur recovery furnaces were inadvertently omitted from the 11/29/85 Federal Register (50 FR 49164).
 
01/16/1986IDENTIFICATION NUMBERS FOR RESIDUES GENERATED FROM THE TREATMENT OF HAZARDOUS WASTEMemo
 Description: The residue from the treatment of a listed waste retains listing via the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). The residue from the treatment of a characteristic waste is regulated only if the residue exhibits a characteristic. The TSDF is the generator of the treatment residue (SEE ALSO: RPC# 11/17/89-02).
 
01/16/1986RESIDUES GENERATED FROM THE TREATMENT OF HAZARDOUS WASTE, I.D. NUMBERS FORMemo
 Description: The residue from treatment of a listed waste retains the listing via the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). Residue from the treatment of characteristic waste is regulated only if the residue exhibits a characteristic. The TSDF is the generator of treatment residue (SEE ALSO: RPC# 11/17/89-02).
 
01/09/1986BOILERS USED IN GREENHOUSE OPERATIONS ARE INDUSTRIAL BOILERSMemo
 Description: Boilers used in greenhouse operations are industrial boilers since the energy is used in process of producing a product. Greenhouses are considered more like manufacturing facilities, than non-industrial, commercial or residential facilities.
 
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.
 
01/03/1986BOILERS AND INCINERATORS, DISTINCTION BETWEEN/INTEGRAL DESIGN STANDARDMemo
 Description: The boiler definition applies to units where the combustion chamber and the heat recovery unit are of integral design. The boiler variance procedures classify units as incinerators. The burning of hazardous waste fuel in a nonindustrial boiler is prohibited (SUPERSEDED: see 56 FR 7134; 2/21/91).
 
01/02/1986PERMIT-EXEMPT STATUS OF SLUDGE DRYERS ADDED TO WASTEWATER TREATMENT UNITSMemo
 Description: A sludge dryer that meets the wastewater treatment unit (WWTU) definition is exempt from permitting. Sludge drying is a treatment. Presses, filters, and sumps may be tanks under the definition of a WWTU. Tanks not discharging under sections 402 or 307(b) of CWA that are part of the wastewater treatment system meet the exemption. WWTU tanks may volatilize their contents and retain the exemption. Sludge dryers can be used to meet the section 3002(b) waste minimization requirements. While the WWTU is exempt from permitting, hazardous waste sludge removed from the unit is subject to regulation.
 
01/02/1986SLUDGE DRYER ADDED TO WASTEWATER TREATMENT UNIT-EFFECT ON WWTU EXEMPTIONMemo
 Description: The addition of sludge dryer to a wastewater treatment unit (WWTU) does not jeopardize the unit exemption as long as the sludge dryer meets the unit definition. Tanks include presses, filters, sumps and processing equipment. WWTU include covers, sludge digesters, thickeners and dryers. A unit meets the WWTU definition even if the discharge is not subject to the CWA. Other tanks in the system must have discharge subject to the CWA. Tanks that volatilize contents can be exempt as a WWTU. Sludge removed from the unit is subject to RCRA.
 
01/01/1986HAZARDOUS WASTE FUEL BROKERSQuestion & Answer
 Description: The ownership of a hazardous waste fuel, not the physical possession, is the criterion used in determining if a hazardous waste fuel broker is a “marketer”. A waste broker who owns but never physically possesses a waste must comply with the marketer requirements (SUPERSEDED: See 266 Subpart H, Part 279).
 
12/30/1985INTEGRAL DESIGN STANDARD IN BOILER DEFINITION (LUBRIZOL)Memo
 Description: A rotary bed furnace with secondary combustion and an attached waste heat boiler does not meet the integral design standard of boiler definition nor the fluidized bed or process heater exemption. The unit is an incinerator. The boiler variance is not appropriate for furnaces ducted to heat recovery boilers.
 
12/28/1985PART B PERMIT APPLICATION REQUIREMENTS FOR SQG TREATMENT FACILITIESMemo
 Description: A Part B permit application is required for small- and large-scale hazardous waste treaters.
 
12/24/1985RD&D PERMIT FOR A SLUDGE DRYING PROCESS IN A WASTEWATER SYSTEMMemo
 Description: For wastewater treatment unit (WWTU) exemption, tanks can include sumps, presses, filters, sludge dryers, or other equipment. A sludge dryer can be an exempt WWTU, although the hazardous waste sludges removed from dryer are subject to full regulation.
 
12/23/1985RD&D PERMITS - POLICY GUIDANCEMemo
 Description: Research, development, and demonstration (RDD) permittees must manifest unused/reduced waste to a permitted facility (SEE ALSO: 260.10, definition of designated facility). Explains no set of requirements for RDD information reporting. RDD permit can cover activities which may potentially occur. Discusses the partial closure of a RDD facility. Discusses that sold equipment should be decontaminated. Discusses that there is no policy on expediting permitting mobile treatment units (SEE ALSO: 264 Subpart X).
 
12/17/1985WASTEWATER TREATMENT SYSTEM, SOLVENT RECOVERY STILL BOTTOMS INMemo
 Description: The 261.3(a)(2)(iv) mixture rule exemption for de minimis quantities of solvents applies to solvents or still bottoms incidentally discharged into wastewater system, not intentionally discharged. Incinerator scrubber water derived from a listed solvent is not eligible for the exemption. The exemption applies at headworks.
 
12/13/1985DECHARACTERIZATION AND DISPOSAL OF HAZARDOUS WASTES THAT HAVE UNDERGONE CHEMICAL SOLIDIFICATIONMemo
 Description: Chemically solidified de-characterized wastes are subject to the use in a manner constituting disposal standards. RCRA jurisdiction extends to all secondary materials applied to the land or used in water as a fill or support material. The EPA has decided not to regulate secondary materials formulated into fertilizers sold to the general public (SUPERSEDED: see 266.20(b)).
 
12/13/1985PERMIT ISSUES REGARDING ON-SITE TREATMENT BY FLUIDIZED BED INCINERATIONMemo
 Description: A waste transferred from a generator to an incinerator located on a property leased from the generator does not have to be manifested if the waste never crosses public highway or never leaves the generator’s property. The permit for the incinerator located on a leased property at the generator site must be signed both by the owner of the property and the operator of the incinerator. The owner or operator of facility includes the owner of the land, the owner of the structures, and the operator of the facility or unit. Since both the owner of the property and the operator of a facility must sign a permit application, the two parties are jointly and severally liable for all RCRA requirements, including closure.
 
12/12/1985BURNING AND BLENDING OF HAZARDOUS WASTE AND USED OIL FUELSMemo
 Description: A discussion of the 11/29/85 (50 FR 49164) rule to regulate used oil and hazardous waste fuels to be burned for energy recovery (Part 266, Subpart D and Subpart E) (SUPERSEDED: see Part 279). The EPA plans to regulate BIFs in the future (SEE ALSO: Part 266, Subpart H). Although waste reduction and waste recycling are preferred options to manage the waste disposal problem, this does not justify improper handling.
 
12/01/1985BURNING AND BLENDINGQuestion & Answer
 Description: A mixture of used oil and a commercial chemical product (CCP) (xylene) that is itself a fuel or normal component of commercial fuels is regulated as used oil, not hazardous waste fuel, when it is burned for energy recovery. The generator who burns the used oil is subject to 266, Subpart E (SUPERSEDED: See 279.20 and 279.60).
 
12/01/1985BURNING AND BLENDINGQuestion & Answer
 Description: Section 266 Subpart D hazardous waste burning and blending regulations published in the 11/29/85 Federal Register (50 FR 49164) were promulgated pursuant to HSWA, take effect in all states at same time (SUPERSEDED: see 266 Subpart H).
 
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.
 
11/20/1985HEAT RECOVERY UNIT AS A BOILER OR AN INCINERATORMemo
 Description: The definition of a boiler requires that the energy recovery system be of an integral design to the combustion chamber, not merely joined by ducts or connections. Add-on devices are not boilers. Add-on devices may be an incinerator. The variance to classify apply to devices that are not considered by the boiler definition
 
11/19/1985CHEMICAL AGENT/MUNITIONS SYSTEM (CADMS) IS NOT TOTALLY ENCLOSED AND SUGGESTED RD&D PERMIT; ARMY CHEMICAL/MUNITIONS SYSTEM, REGULATORY STATUS OFMemo
 Description: The totally enclosed treatment facility (TETU) definition does not apply to activities not connected to industrial production process. Incinerators are not TETUs since they will not prevent a release of all hazardous wastes and constituents. Addresses duration, and permit application and modification procedures for research, development and demonstration (RDD) permits.
 
11/01/1985HAZARDOUS WASTE FUEL MARKETERSQuestion & Answer
 Description: A generator who gives hazardous waste fuel to a burner is a marketer. The absence or presence of a monetary transaction has no bearing on the marketer’s status. A hazardous waste fuel blender/processor who ships waste fuel to a burner is a marketer (SUPERSEDED: See 266 Subpart H).
 
10/15/1985HEAT TREATING OPERATIONS AND THE F006 LISTINGMemo
 Description: Heat treating is not within the scope of the electroplating operations for F006 (SEE: F010-F012). When parts (dies) are removed from salt bath and rinsed, salt bath residues that carry over (carryover) from the part to the rinsewater are not F011 and do not render rinsewater listed via mixture rule (SEE ALSO: RPC# 7/12/94-01; RPC# 7/28/87-02; RPC# 4/7/88-01; RPC# 11/24/86-02).
 
10/11/1985WASTE-DERIVED FUELS BURNED IN CEMENT KILN, REGULATION OFMemo
 Description: Characteristic waste-derived fuels and all waste-derived fuels produced by a person other than the waste generator or burner are exempt (SUPERSEDED: see 50 FR 49164; 11/29/85; see 56 FR 7194; 2/21/91; see 266.100).
 
10/03/1985DOD MUNITIONS BECOME SOLID WASTE SUBJECT TO RCRA WHEN THERE IS AN INTENT TO DISPOSE OR DESTROY THEMMemo
 Description: Federal facilities are subject to RCRA regulations. Unused munitions are not considered waste until there is an intent to dispose or destroy them (SEE ALSO: 62 FR 6622; 2/12/97). The burning of munitions is incineration. DOD facilities must meet EPA’s RCRA regulations.
 
10/01/1985MINING WASTE EXCLUSION REINTERPRETATIONQuestion & Answer
 Description: Wastes from secondary slag smelting operations, such as K069 and K100, are not exempt under 261.4(b)(7) Bevill exemption for mining and mineral processing wastes.
 
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).
 
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