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04/01/2009Assessing the Management of Lead in Scrap Metal and Electric Arc Furnace DustPublication
 Description: This document investigates the sources of lead in ferrous scrap metal and potential methods for increasing the recovery of lead and reducing the lead content of scrap metal used as a raw material in electric arc furnaces (EAFs), thereby potentially reducing the lead content of the EAF air emission control dust/sludge (listed as K061 RCRA hazardous waste) generated from EAF operations.
 
08/19/2003REGULATORY STATUS OF OIL-BEARING SECONDARY MATERIALS UNDER RCRAMemo
 Description: Oil-bearing hazardous secondary materials generated from petroleum refining operations that can be legitimately recycled at petroleum refineries are excluded in 40 CFR 261.4(a)(12)(i) (SEE ALSO: 63 FR 42110; 8/6/1998). There is no minimum amount of oil required for the exclusion, but there must be recoverable amounts of hydrocarbons for legitimate recycling to occur. This exclusion applies to oil-bearing hazardous secondary materials, irrespective of whether they are listed or characteristic. Spent petroleum catalysts (K171-K172) may qualify for the exclusion. The exclusion only extends to materials actually inserted into the refinery process. The exclusion applies at the point of generation, even if preprocessing occurs, provided the conditions of the exclusion are met. The point of insertion into the refining process must be consistent with the material being recycled, and the material must be suitable for insertion. Materials may be inserted into the same refinery where they were generated or sent to another refinery. The materials cannot be sent to an intermediate non-refinery facility for processing. There is no limit on the number of transfers of the materials if recycling is legitimate and no speculative accumulation occurs. Processing equipment handling the materials is generally exempt from RCRA, since the material is excluded and the equipment is considered a process unit in 261.4(c). The processing equipment may be subject to RCRA if it contains reclamation residuals and no longer meets the process unit exclusion. The refinery does not need to own the equipment used to process and reclaim residuals to meet the exclusion.
 
08/07/2002RECYCLING OF HAZARDOUS WASTES IN FERTILIZERSMemo
 Description: EPA is updating and strengthening the regulations regarding the use of hazardous waste in fertilizers. There is no widespread evidence of illegal, sham recycling of hazardous waste in fertilizers. Fertilizers from recycled hazardous waste account for less than one-half of one percent of the total fertilizer market. The use of fertilizers derived from K061 is declining. Most fertilizers made from hazardous waste are zinc micronutrient fertilizers. New regulations for zinc fertilizers made from recycled hazardous waste have been finalized (SEE ALSO: 67 FR 48393; July 24, 2002).
 
05/16/2002REGULATORY STATUS OF VANADIUM-CONTAINING WASTE (SPENT STRETFORD SOLUTION)Memo
 Description: The consent decree in EDF v. Browner, Civ. No. 89-0598 (D.D.C.), required EPA to decide whether or not to list several categories of petroleum refining wastes and to prepare a report on other waste categories. EPA determined that sludges from the Stretford process (which contain vanadium salts), catalysts from sulfur complex and H2S facilities, and vanadium-containing Stretford or Beavon-Stretford solutions do not require listing determinations (SEE ALSO: Listing Background Document for 1992-1996 Petroleum Refining Listing Determination, Study of Selected Petroleum Refining Residuals, and 63 FR 42110; 8/6/98). Hazardous waste listing determinations are wastestream-specific, not constituent-specific. Vanadium does not present sufficient risk to provide a basis for listing. EPA is deferring the use of the persistence, bioaccumulative, and toxic (PBT) criteria for metals in its waste minimization program, since it is working to develop an Agency-wide approach. The Science Advisory Board (SAB) will review the 3MRA model, which estimates the chemical release, fate, exposure and resulting risks to human health and the environment (SEE ALSO: 64 FR 63382; 11/19/99).
 
03/01/2002Environmental Fact Sheet: Paint Wastes Not Listed as Hazardous WastePublication
 Description: EPA proposed concentration-based listings for certain paint waste solids (K179) and liquids (K180) on February 13, 2001 (66 FR 10060). Following a review of public comments and supplemental analyses based on public comments, EPA determined that these paint wastes should not be listed as hazardous waste.
 
01/31/2002REUSE OF REGENERATED HYDROPROCESSING CATALYSTSMemo
 Description: EPA listed certain spent hydroprocessing catalysts (i.e., K171 and K172) as hazardous wastes (SEE ALSO: 63 FR 42110; 8/6/98). Prior to reclamation or regeneration, these materials are considered spent listed wastes and are subject to all applicable RCRA requirements. After regeneration, they would be excluded from RCRA if they are reused as effective substitutes for commercial products (i.e., as substitutes for new catalysts). Criterion's enhancement process is used to augment regenerated catalysts that are already viable commercial chemical products (CCPs) and thus, does not constitute further reclamation. State regulations can be more stringent than the federal regulations.
 
10/01/2001REMEDIATION OF TNT-CONTAMINATED SOILQuestion & Answer
 Description: Pink/red water from soil remediation at a TNT production facility would be listed as K047 only if the contamination is attributable to the production of TNT. Examples include TNT purification filtrates and air pollution control scrubber effluents. If a TNT-containing product is sold, shipped, or used, but not manufactured at a facility, then any wastewater resulting from the remediation of soil contaminated by the TNT product would not be regulated as K047.
 
07/01/2001Environmental Fact Sheet: Opportunity for Comment on Regulatory Status of Spent Catalyst WastesPublication
 Description: This fact sheet describes how the Environmental Protection Agency (EPA) is providing the public an opportunity to comment on Agency memoranda explaining how current RCRA regulations apply to spent catalyst wastes removed from dual purpose hydroprocessing reactors at petroleum refineries. The regulations addressed in these memoranda were promulgated under the Resource Conservation and Recovery Act (RCRA) on August 6, 1998 (63 FR 42110) and among other things, listed spent hydrotreating catalysts (K171) and spent hydrorefining catalysts (K172) as hazardous wastes.
 
05/17/2001REGULATORY STATUS OF DROP-OUT SLAG GENERATED AT ELECTRIC ARC FURNACESMemo
 Description: Drop-out box slag (DOBS) generated at electric arc furnaces (EAFs) is not covered by the K061 listing, which includes dust and sludge from EAF emissions. DOBS does not meet the description of dust or sludge as defined in the K061 Listing Background Document. Material in ductwork leading to or collected in air pollution control devices may meet the K061 definition. DOBS may exhibit the toxicity characteristic for various metals, but would not be a solid waste if sent for legitimate recycling.
 
09/01/2000Environmental Fact Sheet: Three Inorganic Chemicals Now Listed as Hazardous WastePublication
 Description: EPA added three wastes, K176-178, from inorganic chemical manufacturing processes to the list of hazardous waste. EPA determined that regulating these chemical wastes will protect human health and the environment by eliminating potential pathways of exposure.
 
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.
 
06/01/2000REQUEST FOR CLARIFICATION OF ISSUES RAISED BY EPA'S NOVEMBER 29, 1999 MEMO ON THE "PETROLEUM REFINERY RESIDUAL LISTINGS/ SOLID WASTE DEFINITION EXCLUSION RULE" (63 FR 42110, AUGUST 6, 1998)Memo
 Description: Spent catalysts from petroleum hydroprocessors performing treating function are listed hazardous waste (K171). EPA does not consider spent catalysts from petroleum hydroprocessing reactors to be a listed hazardous waste solely because some incidental and minimal amount of hydrotreatment occurs in hydrocracking reactors. EPA reserves right to conduct listing determination on spent hydrocracking catalyst in the future. Spent hydrocracking catalyst are subject to hazardous waste characteristic determination (SEE ALSO: 66 FR 35379; 7/5/01).
 
06/01/2000REQUEST FOR CLARIFICATION, SPENT CATALYSTS FROM MOTIVA ENTERPRISES LLC, CONVENT REFINERY H-OIL UNITMemo
 Description: Spent catalysts from dual purpose petroleum hydroprocessor performing substantial hydrotreating function are listed hazardous wastes (K171) (SEE ALSO: RPC# 11/29/99-01).
 
06/01/2000SPENT CATALYSTS FROM PETROLEUM REFINING DUAL PROCESS REACTORSMemo
 Description: Spent catalysts from dual purpose petroleum hydroprocessor performing substantial hydrotreating function are listed hazardous wastes (K171 or K172). Listing does not apply to spent catalysts solely because some incidental and minimal amount of hydrotreatment occurs in unit. Spent hydrocracking catalyst are subject to hazardous waste characteristic determination (SEE ALSO: RPC# 11/29/99-01).
 
11/29/1999SPENT CATALYSTS FROM PETROLEUM REFINING DUAL PROCESS UNITSMemo
 Description: Spent catalysts from petroleum hydroprocessors performing hydrotreating or hydrorefining operations are captured by the K171 and K172 listings, regardless of whether hydrocracking also occurs in a dual purpose unit. EPA differentiates between hydrocracking and the other two petroleum hydroprocessing operations by relying upon the definitions of these processes in DOE’s Petroleum Supply Annual (PSA) (SEE ALSO: 66 FR 35379; 7/5/01).
 
10/28/1999SPENT CATALYSTS FROM PETROLEUM REFINING HYDROCRACKING PROCESSESMemo
 Description: EPA made no formal listing determination for spent hydrocracking catalysts generated by petroleum refineries. Agency listed spent hydrotreating catalysts (K171) and spent hydrorefining catalyst (K172). No action regarding a listing determination is not the same as “no list” determination. Spent hydrocracking catalysts may exhibit characteristics of toxicity or ignitability (SEE ALSO: 63 FR 42110; 8/6/98).
 
09/13/1999SLUDGES FROM WASTEWATER MIXTURESMemo
 Description: Wastewater treatment sludges from mixture of wastewater that is precursor to listed waste sludge and wastewater that is not precursor to listed waste sludge are covered by listing description (e.g., F006, F012, F019, K001-K007, K151, K106, K032, K035, K037, K040, K041, K044, K046, K066, K084). United States v. Bethlehem Steel Corp. decision held that F006 listing did not apply to sludges from combined wastewater streams. Bethlehem Steel decision binding only on district courts in Seventh District (independent of the mixture rule). Sludges from mixed wastewaters are RCRA hazardous wastes under mixture rule (261.3(a)(2)(iv)), regardless of the court’s decision.
 
01/01/1999PICKLING BATH CARRYOVER AND K062Question & Answer
 Description: Rinsewater contaminated with small amounts of pickling liquor carried over (carryover, dragout) to rinse tanks during normal steel finishing process is not considered K062 via the mixture rule. The pickling solution is a material in use, and is not waste until it is spent and removed from the process (SEE ALSO: RPC# 4/7/88-01; RPC# 7/28/87-02).
 
05/01/1998Environmental Fact Sheet: Two New Hazardous Waste Codes Added From Organobromide ProductionPublication
 Description: Announces promulgation of the final rule to add two new waste codes to the current lists of RCRA hazardous waste. Amends lands disposal restrictions treatment standards by adding wastes from the production of organobromines.
 
05/01/1997APPLICABILITY OF K052 WASTE CODE TO PIPELINE TERMINALSQuestion & Answer
 Description: The K052 listing is limited to leaded tank bottoms generated at petroleum refineries. Leaded tank bottoms generated at pipeline terminals that are not directly part of a refinery do not meet the K052 listing, and are only hazardous wastes if characteristic.
 
03/25/1997DEFINITION OF SOLID WASTE AMENDMENTS FOR PETROLEUM REFINERIESMemo
 Description: The deadline for the petroleum refining listing determination and recycling amendments proposed on November 20, 1995 (60 FR 57747), has been extended. It is now scheduled for promulgation on April 30, 1998 (Rule finalized 8/6/98; 63 FR 42110). Additional time enables EPA to issue a Notice of Data Availability (NODA) and respond to comments. The American Petroleum Institute requested EPA separate the listing determination from the proposed Section 261.4(a)(12) recycling amendments, and expedite (fast track) the latter. The Agency believes it is more efficient to finalize both portions of the rule together.
 
03/25/1997STATUS OF THE RECYCLING AMENDMENTS PROPOSED IN THE LISTING DETERMINATION FOR PETROLEUM REFINING PROCESS WASTESMemo
 Description: The petroleum refining listing determination and recycling amendments proposed on November 20, 1995 (60 FR 57747) are scheduled for promulgation on April 30, 1998 (Rule finalized 8/6/98; 63 FR 42110). Additional time enables EPA to issue a Notice of Data Availability (NODA) and respond to all comments. The American Petroleum Institute asked EPA to separate the listing determination from the proposed Section 261.4(a)(12) recycling amendments, and to expedite (fast track) the latter. The Agency believes it is more efficient to finalize both portions of the rule together.
 
02/24/1997SPENT ALUMINUM POTLINER (K088) RECYCLINGMemo
 Description: EPA expects to provide national guidance regarding legitimate recycling of spent aluminum potliners (K088) as soon as possible.
 
11/27/1995HAZARDOUS WASTE LISTING DETERMINATION (60 FR 7825, FEBRUARY 9, 1995) OF K156 WASTE FROM THE PRODUCTION OF METHYL CARBAMATEMemo
 Description: Carbamates are a salt or ester of carbamic acid. Methyl carbamate is the simplest ester of a carbamic ester. Organic wastes from the production of methyl carbamate are K156 regardless of the concentration of toxic contaminants (SUPERSEDED: K156 listing vacated by Dithiocarbamate Task Force v. EPA).
 
08/24/1995CARBAMATE LISTING DETERMINATION (60 FR 7824, FEBRUARY 9, 1995) AS IT RELATES TO THE LATEX PROCESS WASTES GENERATED BY A COMPANYMemo
 Description: K161 is limited to production wastes from dithiocarbamate acids and their salts. Latex process wastes containing dithiocarbamate (ethyl zimate) are not U407, as ethyl zimate is not the sole active ingredient (SUPERSEDED: U407 listing vacated by Dithiocarbamate Task Force v. EPA). Residue remaining in a container or inner liner removed from a container that held any listed CCP is a hazardous waste when discarded or intended for discard.
 
08/03/1995EPA'S INTERPRETATION OF THE EXEMPTION IN 40 CFR 261.3(A)(2)(IV)(F), A NEW SECTION OF EPA'S REGULATIONS ON CARBAMATE LISTING RULEMemo
 Description: The mixture rule exemption for K157 carbamates (261.3(a)(2)(iv)(F)) must account for all constituents not reacted, destroyed, or recovered, including the amount volatilized. The compliance point (where volatilization is measured) is the point of generation prior to mixing with other wastes. Volatilization during production is not counted towards the threshold. The relationship between 261.3(a)(2)(iv)(F) and 261.3(a)(2)(iv)(B) (solvents from non-specific sources) is discussed.
 
05/25/1995ARE TANK BOTTOMS REMOVED FROM TANKS CONTAINING ONLY NAPHTHA DEEMED TO BE K052 HAZARDOUS WASTE?Memo
 Description: K052 is limited to tank bottoms generated at or as part of a petroleum refinery from tanks used to store leaded gasoline or leaded blending fractions. The listing applies regardless of whether the waste exhibits a characteristic. Because naptha is an unleaded petroleum fraction, tank bottoms from naptha storage at a refinery are not K052.
 
05/25/1995REGULATORY STATUS OF A GASIFICATION UNIT PROPOSED BY TEXACO TO BE BUILT IN EL DORADO, KANSASMemo
 Description: Syngas fuel from a gasification unit at a Kansas petroleum refinery is derived from F037, K022, and K051, but is exempt fuel from refining oil-bearing hazardous waste during normal refinery operations per 261.6(a)(3)(iv) (SUPERSEDED: exemption moved to 261.6(a)(3)(iii)). The gasification unit is an exempt recycling unit. No storage permit is needed for listed feedstocks prior to recycling if the generator accumulation limit is not exceeded. This interpretation does not apply to all gasification units.
 
04/20/1995REGULATORY REQUIREMENTS FOR TANKS, VEHICLES, VESSELS, PROCESS OR MANUFACTURING UNITS, OR PIPELINES WHICH HAVE BEEN SHUT DOWNMemo
 Description: Waste generated in a manufacturing process unit may remain in the unit for up to 90 days after the unit has been shut down, and may be stored for an additional 90 days in generator accumulation units. EPA headquarters policy does not address whether K050 waste is generated only through the actual cleaning of heat exchanger bundles, or if the regulated K050 waste is created when sludges remains in a shut-down exchanger for more than 90 days or when they are discarded along with an uncleaned bundle.
 
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.
 
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.
 
08/15/1994Environmental Fact Sheet: Certain Hazardous Waste Slag Uses Now Subject to RegulationPublication
 Description: This fact sheet discusses regulations that prohibits anti skid/deicing uses of high-temperature metal recovery (HTMR) slag residues derived from hazardous wastes K061, K062, and F006, as waste-derived products placed on the land. The rule does not prohibit this use when these wastes comply with all federal requirements for the land disposal of hazardous waste and does not prohibit other uses of HTMR slags that comply with EPA requirements.
 
06/03/1994DEFINITION OF RCRA WASTE K050Memo
 Description: A sludge from a double-pipe heat exchange unit is not K050. Inside the tube of a double-pipe unit is not a bundle. A sludge may exhibit the toxicity characteristic for benzene and other heavy organics.
 
02/01/1994K052: BOTTOMS FROM TANKS STORING LEADED GASOLINE AT PETROLEUM REFINERIESQuestion & Answer
 Description: The K052 listing applies only to bottoms from tanks storing leaded gasoline at petroleum refineries. The listing does not apply to bottoms from refinery tanks storing other petroleum fractions.
 
04/20/1993REGULATORY STATUS OF CENTRIFUGE UNDERFLOW WASTESMemo
 Description: Centrifuge underflow waste is not coke byproduct waste K147 or K148, but it may exhibit a characteristic.
 
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.
 
12/01/1992STATUS OF ELECTRIC ARC FURNACE DUST INCORPORATED INTO GLASS FRITMemo
 Description: Electric arc furnace dust (K061) used as an ingredient in grit for abrasive blasting, roofing granules, or ceramics is not solid waste as long as the dust is not used in a manner constituting disposal. EPA does not generally consider an end use as roofing granules, glass ceramic, and ceramic glaze to be use in a manner constituting disposal.
 
10/15/1992Environmental Fact Sheet: Wastes Generated During the Production of Chlorinated Toluenes Listed as HazardousPublication
 Description: Announces final rule listing three waste streams generated from production of chlorinated toluenes (K149, K150, K151) as hazardous wastes. The rule sets the reportable quantity at 10 pounds.
 
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.
 
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.
 
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.
 
04/12/1991NOTIFICATION 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).
 
12/21/1990K-WASTE FILTER CAKE IN THE MANUFACTURE OF CEMENTMemo
 Description: K048-K052 filter cake that is used as an ingredient in cement is a solid waste and hazardous waste because it is used to produce a product that is applied to the land. Addresses legitimate recycling (sham recycling) elements. If a waste contains hazardous constituents not found in the raw material, it is not legitimate recycling unless the constituents make the waste function better than the raw material in the manufacturing process.
 
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.
 
06/13/1990USED 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).
 
06/01/1990DYES USED IN INK FORMULATION (K086)Question & Answer
 Description: The term pigment as used in the K086 listing is synonymous with the term dye, and wastes from dye manufacturing meeting the listing description are K086. The listing background document describes the four types of raw materials that meet the listing description.
 
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.
 
10/03/1989PETITION TO WITHDRAW K090 AND K091 LISTINGSMemo
 Description: K090 and K091 cover waste generated by air pollution control devices from ferrochromium or ferrochromium silicon production furnaces. K090 and K091 are listed for total chromium (Cr). As of 1989, there is no plan to remove listings since new data show trivalent Cr may be a carcinogen. EPA is considering removing the 261.4(b)(6) exclusion for wastes containing trivalent chromium. EPA will not remove listed waste from regulation based solely on whether or not waste exhibits toxicity characteristic. In making delisting decisions, EPA considers whether waste meets any of the criteria for which it was originally listed, as well as additional constituents and factors.
 
08/25/1989CLARIFICATION ON THE SCOPE OF K088Memo
 Description: K088 only applies to the carbon portion of the aluminum potliner inside an electrolytic reduction cell. Other portions of the pot containing "significant levels of free cyanide" may be reactive (D003).
 
08/02/1989SCOPE OF THE K051 AND K052 LISTINGSMemo
 Description: Sludges generated at bulk terminals are not typically within the scope of K051 and K052 listings (SEE ALSO: F037, F038 in 261.31). If K049, K051, or K052 wastes are shipped to a bulk terminal, wastes derived from their management meet the listings. The discharge of residuals from K049 storage to an oil-water separator could make the resulting sludge listed via the derived-from and mixture rules.
 
07/28/1989TEL 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.
 
07/13/1989DISTILLATION BOTTOM TARS AS K022 WASTEMemo
 Description: The K022 listing for "distillation bottom tars from the production of phenol/acetone from cumene" includes liquids.
 
07/12/1989CLARIFICATION OF K064 LISTINGMemo
 Description: Magma Copper's acid plant blowdown (APB) and APB/tailings mixture is not K064 because it is not thickened into sludge or slurry.
 
07/06/1989ACID PLANT BLOWDOWN SLURRY/SLUDGE FROM PRIMARY COPPER PRODUCTIONMemo
 Description: Magma Copper's acid plant blowdown (APB) and APB/tailings mixture is not K064 because it is not thickened into a sludge or slurry.
 
03/06/1989CLARIFICATION OF THE SCOPE OF THE K088 LISTINGMemo
 Description: The K088 listing for spent potliners only applies to the carbon portion contained inside the electrolytic cell. Other materials contained in the pot are not covered by the listing.
 
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).
 
03/01/1989K061 WASTEQuestion & Answer
 Description: K061 only applies to primary steel producers. Foundry emission control dust is excluded from K061 listing. Emission control dust generated from electric arc furnaces using scrap steel to produce semi-finished goods, such as steel billets and rolled steel, is regulated as K061.
 
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).
 
06/15/1988RECYCLING OF ELECTRIC ARC FURNACE DUSTMemo
 Description: K061 is a solid waste (SW) until it enters the load cell reactor where reclaimed. Reclamation is not regulated. K061 run through a process associated with primary steel production may not be a SW. Processed zinc-rich metal oxide may no longer be SW per 261.3(c)(2). Discussion of reasons for listing K061. Slag from K061 reclamation used as aggregate is a SW unless the material has undergone a chemical reaction so that hazardous waste is inseparable by physical means (SUPERSEDED: SEE 266.20(c), and RPC# 2/16/95-01).
 
05/13/1988INTERPRETATION OF 40 CFR 268.7 REQUIREMENTSMemo
 Description: Listings depend on how materials are used in a process, not only on the hazardous constituents. Restricted wastes that are treated, stored, disposed on site or sent off site are subject to the testing, recordkeeping, and manifest requirements. Wastes sent to a recycling facility are subject to the land disposal restrictions (LDR). Treatment residues are subject to LDR notification (SEE ALSO: 62 FR 25997; 5/12/97).
 
05/13/1988LAND DISPOSAL RESTRICTIONS TESTING AND RECORD KEEPING REQUIREMENTSMemo
 Description: Listings depend on how materials are used in a process, not only on the hazardous constituents. Restricted wastes that are treated, stored, disposed on site or sent off site are subject to the testing, recordkeeping, and manifest requirements. Wastes sent to a recycling facility are subject to the land disposal restrictions (LDR). Treatment residues are subject to LDR notification (SEE ALSO: 62 FR 25997; 5/12/97).
 
05/02/1988SPENT PICKLE LIQUOR CORROSIVITYMemo
 Description: Spent pickle liquor generated by a steel fabricator is not K062 since the facility is not in SIC codes 331 or 332. Nonlisted spent pickle liquor is corrosive if it corrodes 1020 steel at a rate of >0.25 inches/year. Nonlisted sludge from a pickling tank is D002 if pH of the sludge is < 2. The 264.314 liquids in landfills ban does not apply to nonhazardous waste disposal facilities.
 
05/01/1988HAZARDOUS WASTE IDENTIFICATION - K111 LISTINGQuestion & Answer
 Description: The K111 listing includes product washwaters from the production of dinitrotoluene (DNT) as an intermediate to trinitrotoluene (TNT).
 
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.
 
03/14/1988ECOSCINT A & ECOSCINT OMemo
 Description: Ecoscint A and Ecoscint O are not listed. They would be hazardous waste if they exhibit a characteristic.
 
03/10/1988STAINLESS STEEL PRODUCTION RESIDUESMemo
 Description: Residue derived from extracting chromium and nickel from K061 is K061, unless it is delisted (SEE ALSO: 261.3(c)(2)(ii)(C)). K061 applies solely to emission control dust or sludge from electric arc furnaces used in primary steel production (e.g., stainless steel) and not for casting operations.
 
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)).
 
01/11/1988METAL 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.
 
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.
 
12/24/1987COAL TAR DECANTER SLUDGE WASTE PILE (TOLEDO COKE)Memo
 Description: Discusses the regulatory status of a coal tar decanter sludge waste pile. K087 stored before recycling in coke or coal tar production is not exempt under 261.6(a)(3)(vii) (SUPERSEDED: See 56 FR 7203; 2/21/91, 261.4(a)(10), and 261.4(a)(12)).
 
12/11/1987K035 LISTING AND DELISTING ISSUES:GROUNDWATER CONTAMINATIONMemo
 Description: K035 includes sludges generated from the biological treatment of creosote production wastewaters. Waste cannot be delisted unless it is sufficiently characterized to demonstrate that it is nonhazardous, including showing that the waste is not characteristic and is not hazardous for other reasons.
 
12/11/1987K035 LISTING AND INCLUSION OF SLUDGES FROM BIOLOGICAL TREATMENT OF CREOSOTE PRODUCTION WASTEWATERSMemo
 Description: K035 includes sludges generated from the biological treatment of creosote production wastewaters. Waste cannot be delisted unless it is sufficiently characterized to demonstrate that it is nonhazardous, including showing that the waste is not characteristic and is not hazardous for other reasons.
 
11/10/1987PICKLE 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.
 
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.
 
10/16/1987THERMAL OXIDIZER AND HYDRODECHLORINATION PROCESS BY-PRODUCT K-WASTESMemo
 Description: Thermal oxidation and hydrodechlorination are considered reclamation. Distillation bottoms ("polychlor material") from chlorinated benzenes production are by-products and are K085 (SEE ALSO: RPC# 4/21/88-01).
 
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.
 
09/15/1987INK FORMULATION WASTES AS BOTH K086 AND F001-005 WASTESMemo
 Description: Wastes from ink formulation may meet both the K086 and F001-F002 spent solvent listing. If the solvent does not meet the before-use percentage criterion, the waste is K086 only.
 
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.
 
07/31/1987BRIQUETTING OF FLUE DUST (K061) FOR STEEL PRODUCTIONMemo
 Description: Briquetting is not reclamation. Flue dust K061 that is mixed with sodium silicate binder and pressed into briquettes is not solid waste if it is directly reused in steel production and is not reclaimed.
 
07/30/1987CORRECTED LISTING DESCRIPTION FOR K062Memo
 Description: Waste pickle liquor from an etching process classified under SIC Codes 3465 and 3449 is not K062.
 
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.
 
07/13/1987LIME-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.
 
07/06/1987F006 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.
 
07/02/1987INTERPRETATION OF RCRA HAZARDOUS WASTE DEFINITION FOR SLOP OIL EMULSION SOLIDSMemo
 Description: The K049 listing (slop oil emulsion solids) is not limited to skimmings from API separators.
 
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)
 
06/09/1987USE/REUSE EXCLUSION TO RED WATER (K047) FROM WHICH SODIUM SULFITE IS RECOVERED AND WHICH IS USED AS A FUELMemo
 Description: A listed spent material, a sludge, and a by-product reclaimed and/or used as a fuel is a solid and hazardous waste. Recycling K047 is not an exempt use or reuse because sodium sulfite is recovered from K047 before reuse. Using K047 as a fuel is ineligible for the use or reuse exclusion.
 
05/26/1987PETROLEUM FACILITIES INCLUDED IN THE K051 LISTING FOR API SEPARATOR SLUDGEMemo
 Description: Sludge generated in an API separator at a facility that is not a petroleum refinery is not K051. K051 covers facilities in SIC 2911 that perform the distillation of crude oil and/or unfinished petroleum derivatives.
 
05/20/1987SOLVENT LISTINGS AND LAND DISPOSAL RESTRICTIONSMemo
 Description: Discusses determining if solvent contaminated rags or wipers are listed hazardous waste (SUPERSEDED: RPC# 2/14/94-01). Product paint with a solvent ingredient is not listed, even if the solvent is added as a thinner after purchase. The addition of product solvent by the user is not solvent use. Listed solvents from ink formulation are both K086 and the appropriate F001-F005 when discarded. Lab solvents used as solvents are listed when spent. Technical grade F003 solvent can be F003 when spent. A solvent containing (before use) less than the technical grade of F003 and less than 10% F001, F002, F004, F005 is not listed.
 
05/20/1987SPENT PICKLE LIQUOR, DEFINITION AS HAZARDOUSMemo
 Description: K062 spent pickle liquor that is destined for reclamation on site or off site is solid and hazardous waste subject to regulation until it enters an exempt recycling unit. Pickle liquor that is destined for reclamation becomes a spent material (and K062) when removed from the pickling line. That K062 can be reused does not affect its regulatory status if it is regenerated before reuse. Pickle liquor reused without reclamation may be exempt.
 
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.
 
03/06/1987AUTOMOTIVE 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).
 
01/28/1987MIXTURES OF PICKLE LIQUOR AND OTHER WASTES AND THE LIME STABILIZED WASTE PICKLE LIQUOR SLUDGE EXEMPTIONMemo
 Description: The derived-from rule exemption applies to lime-stabilized waste pickle liquor (K062) whether or not the spent pickle liquor has been mixed with other nonlisted process wastes generated by the iron and steel industry.
 
12/29/1986ELECTRIC ARC FURNACE DUST AFTER ENCAPSULATION TREATMENT PROCESSMemo
 Description: Bodner Metal and Iron’s electric arc furnace dust is K061 until it is delisted. Any waste for which delisting is sought must be evaluated for the originally listed constituents of concern and any Appendix VIII constituents reasonably expected to be present, as well as hazardous waste characteristics.
 
12/12/1986WASTE 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.
 
12/11/1986SPENT PICKLE LIQUOR FINAL RULE REGARDING SCOPE OF THE K062 LISTING, CORRECTION NOTICEMemo
 Description: Discusses EPA’s rationale for modifying the spent pickle liquor (K062) listing (SEE ALSO 51 FR 19320; 5/28/86). EPA intends the listing to apply to spent pickle liquor from steel finishing operations from facilities within the iron and steel industry. EPA responds to the allegation that the Administrative Procedures Act was violated by modifying the scope of the listing.
 
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).
 
09/11/1986COMMERCIAL FERTILIZER THAT CONTAINS K061 WASTEMemo
 Description: A zinc micronutrient fertilizer containing electric arc furnace dust (K061) is exempt from regulation if it is produced for the general public's use and handling is commensurate with zinc fertilizer management. A discussion of the definition of zinc micronutrient fertilizer.
 
09/11/1986COMMERCIAL FERTILIZERS CONTAINING K061 WASTESMemo
 Description: Zinc micronutrient fertilizer containing electric arc furnace dust (K061) is exempt from regulation if it is produced for the general public's use and handling is commensurate with zinc fertilizer management. Discussion of the definition of zinc micronutrient fertilizer.
 
08/21/1986EXEMPTION FOR COMMERCIAL FERTILIZERS ONCE THE FERTILIZER IS PRODUCEDMemo
 Description: K061 as fertilizer is use in manner constituting disposal. Fertilizer production waste is K061 via the derived-from rule. Once K061-derived zinc fertilizer is produced for general public use, it is exempt. Fertilizer should be handled as a comparable fertilizer product. Zinc fertilizer made with HW is not commercial fertilizer until it is reacted with sulfuric acid, granulated, and sized.
 
08/21/1986RELISTING HAZARDOUS WASTEMemo
 Description: EPA intends to redefine hazardous waste listings by.
 
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.
 
05/23/1986LIME SLUDGE IMPOUNDMENT SLUDGE, DELISTING OFMemo
 Description: A lime sludge surface impoundment containing K049 and K051 may be subject to permitting and closure requirements even if no waste management occurs based on a Regional interpretation.
 
05/09/1986HEALTH ASSESSMENT INFORMATION IN LISTING DECISIONSMemo
 Description: EPA uses health assessment information such as the relative carcinogenic potencies, along with other evaluations of potential exposure and mismanagement, in deciding whether a waste is hazardous.
 
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.
 
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.
 
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.
 
01/27/1986PRIMARY AND SECONDARY PRODUCTION OF STEEL IN ELECTRIC ARC FURNACESMemo
 Description: Discussion of the distinction between primary and secondary production of steel in electric arc furnaces for purposes of K061 listing. Dusts and sludges from the primary production of steel in an electric arc furnace are K061. K061 does not apply to similar wastes from foundry use of an electric arc furnace in secondary steel production.
 
01/07/1986EXCLUSION FROM REGULATION FOR CHARACTERISTIC AND LISTED WASTES - LEACHATE LEVELS; DELISTING CRITERIA/LEACHATE LEVELSMemo
 Description: There is delisting criteria for variable constituent levels depending on waste volume. For delisting, EPA considers the original listing constituents and other factors. A mixture of solid waste (SW) and hazardous waste (HW) listed solely for a characteristic is not HW if not characteristic under the 261.3(a)(2)(iii) mixture rule exemption for wastes listed solely for exhibiting a characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). The leachate test used depends on the nature of the waste. Discussion of the use of extraction procedure (EP) for Oily Waste (SUPERSEDED: See 261.24).
 
11/14/1985SPENT SULFURIC ACID PICKLE LIQUOR USED TO PRODUCE FERTILIZERMemo
 Description: Waste pickle liquor from steel finishing (K062) is a spent material. K062 used as an ingredient in a fertilizer is use constituting disposal, and is a solid waste and hazardous waste. Fertilizer product is derived from K062 and regulated under Part 266, Subpart C. If produced for the general public use, the product is exempt (SUPERSEDED: see 266.20(b)). K062 is not eligible for a delisting if it is characteristic. Petitioners have the option of withdrawing a petition rather than having EPA publish a denial in the Federal Register.
 
10/03/1985PICKLE LIQUOR AND SCOPE OF K062 LISTINGMemo
 Description: Spent pickle liquor from any source, including hot dip galvanizing, is K062 (SUPERSEDED: SEE 51 FR 19320; 5/28/86). Hot dip galvanizing is excluded from the electroplating definition. The time for processing a delisting petition is directly dependent upon EPA receiving a complete application.
 
08/23/1985PETROLEUM REFINERY WW, MIXTURE AND DERIVED-FROM RULESMemo
 Description: The mixture rule applies to a mixture in a wastewater treatment system of a wastewater and derived-from listed hazardous waste (HW). Dewatering supernatant from listed petroleum wastewater treatment sludge may not be a derived-from HW if it is chemically equivalent to influent refinery wastewater where the sludge is initially generated (SEE ALSO: RPC# 3/5/93-02). Discussion of the point of generation for K048-K052.
 
07/17/1985SURFACE IMPOUNDMENTS/LAND TREATMENT UNITS REGULATION IF ASSOCIATED WWT SLUDGES ARE LISTEDMemo
 Description: Since any pollution abatement technique such as land treatment, disposal, or storage of a wastewater will invariably form a sludge, F-listed, K-listed, and characteristic sludges can be formed in situations where wastewaters are stored or disposed (i.e., not specifically treated). Discussion of the point of generation.
 
07/16/1985CREOSOTE TREATED CROSS TIES, DISPOSAL OF, FIFRA INTERFACEMemo
 Description: Creosote-treated railroad cross ties are not likely characteristic. FIFRA may place controls on their handling and disposal. U051 creosote and K001 and K035 do not apply to treated cross ties destined for disposal.
 
07/16/1985SPENT PICKLE LIQUOR USED IN PRODUCTION OF FERRIC CHLORIDEMemo
 Description: Spent pickle liquor (K062) is a spent material and a solid waste (SW) when reclaimed. Discussion of ferrous chloride recovery from K062 reclamation. Beneficial reuse of waste after reclamation does not affect SW status before and during reclamation. The use of K062 in ferric chloride production is not exempt use or reuse.
 
07/01/1985K051 AND HSWA; K051 SLUDGE RE-USED ON-SITE, EXEMPTIONQuestion & Answer
 Description: Petroleum coke produced from on-site reuse of K051 is exempt from standards for hazardous waste fuel unless coke product exhibits characteristic per section 3004(q)(2)(A) (SEE ALSO: Section 261.4(a)(12)).
 
05/14/1985APPLICABILITY OF K021 LISTINGMemo
 Description: K021 (aqueous spent antimony catalyst waste from fluoromethanes production) applies to aqueous waste contaminated with spent catalyst and organics from reactor purging, not to the spent catalyst (reactor purge stream) before it is filtered, washed, and oxidized.
 
04/10/1985APPLICABILITY OF F006 V. K062 TO GALVANIZING WASTESMemo
 Description: Hot dip galvanizing is zinc plating on carbon steel and associated wastewater treatment sludges are excluded from F006. For F006, segregated basis means no cyanides were used in the process. Lime-stabilized waste pickle liquor sludge from steel finishing is not K062 unless it is characteristic.
 
04/05/1985SOIL CONTAMINATED WITH TOLUENEMemo
 Description: Soil contaminated with toluene is not automatically considered to be a hazardous waste because toluene is listed in Appendix VIII of Part 261. The soil would be hazardous under the contained-in policy if toluene-containing waste from section 261.31, 261.32, or 261.33 were spilled. Soil may be hazardous if it exhibits a characteristic.
 
03/04/1985DIOXIN IN WASTES FROM WOOD PRESERVING PROCESSES USING PENTACHLOROPHENOLMemo
 Description: F-listed dioxin wastes are rarely generated at wood preserving facilities, although if wood preserving facility makes chlorophenolic formulations or discards unused chlorophenolic formulations, they would generate F-listed dioxin wastes. EPA may amend K001 to address chlorinated dioxins and furans (see also: 261.31: F032-F035). F021 and F027 are listed for acute toxicity (H), while F028 is listed as a toxic waste (T).
 
02/22/1985SECONDARY SLUDGES FROM BIOLOGICAL TREATMENT OF REFINERY WASTEWATERSMemo
 Description: K048 does not apply to sludge generated by a dissolved air flotation (DAF) device used in secondary (biological) wastewater treatment systems.
 
01/18/1985K001-LISTED WASTES FROM WOOD PRESERVING PROCESSESMemo
 Description: EPA is aware of no single analytical method with which to determine the presence of creosote. U051 applies to raw creosote that is discarded. K001 applies to wastes from wood preserving processes that use creosote and/or pentachlorophenol (PCP).
 
12/26/1984CONTAMINATED GROUNDWATER, RCRA REGULATORY STATUSMemo
 Description: Generators do not use Appendix VIII in hazardous waste (HW) determination. Wastes containing Appendix VIII constituents are not HW unless they are listed or characteristic. Collected groundwater contaminated with listed or characteristic waste is regulated as HW. Discussion of the contained-in policy.
 
12/07/1984OILY WASTEWATER TREATMENT PONDS, PERMITTING COVERAGE OFMemo
 Description: The regulatory status of and options for permitting and managing oily sludges generated in refinery wastewater treatment ponds and surface impoundments is discussed (SUPERSEDED: see 261.31, F037 and F038 listings).
 
12/07/1984OIL/WATER EMULSIONS GENERATED BY PETROLEUM REFINERY WW SYSTEMS-K049 WASTEMemo
 Description: Slop oil emulsion solids (K049) are generated in the first vessel where the emulsion stratifies. Oil reclaimed in slop oil/oil recovery systems is not a hazardous waste (SEE ALSO: 261.4(a)(12)). Emulsion breaking in surface impoundments/earthen devices is considered storage. Non-reclaimed emulsion is a hazardous waste even if it is reclaimable. Storage not directly related to the reclamation process needs a permit.
 
10/25/1984SPENT PICKLE LIQUOR SLUDGE, LIME-STABILIZED, IN IRON AND STEEL AND PORCELAIN ENAMELING INDUSTRIESMemo
 Description: The K062 listing applies to spent pickle liquor from all steel finishing industries, regardless of industry category (SUPERSEDED: see 261.32, and 51 FR 19320; 5/28/86). Promulgation of the exclusion from the derived-from rule for lime-stabilized waste pickle liquor sludge renders certain delisting petitions moot. Since the derived-from exclusion for lime-stabilized pickle liquor sludge applies only to the sludge, the supernatant retains the K062 listing.
 
10/23/1984SPENT PICKLE LIQUOR GENERATED FROM PORCELAIN ENAMEL INDUSTRY, DELISTING OFMemo
 Description: Spent pickle liquor and sludge generated from treatment are K062. A delisting petition is necessary to change the status of such hazardous waste and the status of electroplating F006-F009 wastes at the same facilities.
 
09/01/1984WASTEWATER FROM WOOD PRESERVINGQuestion & Answer
 Description: The K001 listing does not cover wastewater from wood preserving processes that use creosote and/or pentachlorophenol (PCP) (SEE ALSO: F032, F034).
 
08/01/1984BAGHOUSE DUST GENERATED FROM REMELTING PRIMARY PRODUCED STEELQuestion & Answer
 Description: Baghouse dust from remelting steel is K061. Remelting is considered primary production.
 
07/30/1984SPENT ACID FROM ELECTROPOLISHING OF STAINLESS STEELMemo
 Description: Electropolishing is a process which utilizes acids to impart a shiny finish to stainless steel. All spent acids from electropolishing are K062 spent pickle liquor. The K062 listing includes all spent acids used in the pickling and/or cleaning of steel.
 
07/27/1984K062 - SPENT PICKLE LIQUOR LISTINGMemo
 Description: Steel finishing operations for purposes of the K062 listing is clarified. K062 is not limited to the iron and steel industry. Sludge from the treatment of pickling acid-containing wastewater is F006 if it is from an electroplating operation, or it is K062 if it is not or separate from an electroplating operation. K062 covers all acids for pickling steel.
 
07/25/1984WASTEWATER TREATMENT EFFLUENT FROM PROCESSES THAT GENERATE K001 AND F006 WASTEWATER TREATMENT SLUDGEMemo
 Description: The F006 and K001 listings apply to sludge generated anywhere in the wastewater treatment process. Effluent from the wood preserving waste treatment train is not K001. The definition of a material leaving a sand filter is the same as the material entering the filter. Wastewater passing through a filter remains wastewater.
 
05/03/1984EMISSION CONTROL DUST/SLUDGE FROM ELECTRIC ARC FURNACE AT FOUNDRY NOT A K061 WASTEMemo
 Description: Emission control dust from foundries is not K061. Foundry emission control dust may still be characteristic.
 
05/01/1984API SEPARATOR SLUDGE, EXCLUSION OF WATER FRACTION FROM K051 LISTINGQuestion & Answer
 Description: The water fraction produced when separating water from API separator sludge is not K051.
 
04/26/1984WASTEWATER TREATMENT SLUDGES FROM WOOD PRESERVING PROCESSES USING CREOSOTE AND/OR PENTACHLOROPHENOLMemo
 Description: Wood preserving oil/water separator sludges and thermal dehydrator sludges may be K001 if creosote and/or pentachlorophenol (PCP) was used. Storage/work tank sludges mixed with the above sludges are listed. Historic estimation rates of waste generation are provided.
 
04/01/1984API SEPARATOR WASTEWATER AND SLUDGEQuestion & Answer
 Description: Wastewater from an API separator is not hazardous if it is not characteristic. Sludge precipitated from this wastewater in a surface impoundment is K051. Solids from filtering such wastewater are K051. The definition of an API separation system is discussed.
 
04/01/1984EFFLUENT FROM API SEPARATORQuestion & Answer
 Description: Supernatant from an API separator is not K051. Separation is not mixing. EPA is reevaluating its policy on run-off from active portions of hazardous waste management units.
 
10/01/1983WASTES LISTED FOR CONTAINING CHLORINATED BENZENESQuestion & Answer
 Description: The F002 listing is just for monochlorinated benzene and o-dichlorobenzene. K105 includes wastes from the production of all chlorinated benzenes.
 
07/11/1983K061, EMISSION CONTROL DUST/SLUDGE FROM PRODUCTION OF STEEL IN ELECTRIC FURNACESMemo
 Description: The K061 listing applies to steel produced in electric furnaces, but does not include blast furnaces or foundries. Facilities using scrap metal as raw material are included, but the listing does not include iron making.
 
06/06/1981K052 LISTING FOR WASTES GENERATED BY PETROLEUM INDUSTRYMemo
 Description: The K052 listing is limited to only those leaded tank bottoms that are generated at or as part of a petroleum refinery. Provides definition of petroleum refinery. Only those tanks that are directly part of a refinery and generate leaded bottoms are listed.
 
04/20/1981REGULATION OF PAINT WASTE DISPOSALMemo
 Description: F017, F018, and K078-K082 listings for paint wastes are suspended (46 FR 4614; 1/16/81). Paint wastes are still subject to hazardous waste characteristics (SEE ALSO: K078-K082 paint wastes required to have listing decision by 9/30/88 pursuant to EDF v. Browner consent decree).
 
12/02/1980K061 HAZARDOUS WASTE LISTING FOR STEEL FOUNDRIESMemo
 Description: K061 applies only to the primary production of steel, and not steel foundries.
 
11/13/1980REFINERY WASTEWATERMemo
 Description: Non-listed refinery wastewater is hazardous waste if it is mixed with listed refinery waste (K048, K049, K051). The storage of K048 before recycling is regulated.
 
01/10/1980APPLICABILITY OF 40 CFR 261.5 TO K047Memo
 Description: K047 (pink/red water from TNT operations) is listed for its potential to dewater over time and become reactive.
 
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