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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
Show details for BatteriesBatteries
Show details for Best Demonstrated Available Technology (BDAT)Best Demonstrated Available Technology (BDAT)
Show details for Bevill AmendmentBevill Amendment
Show details for BoilersBoilers
Show details for BurningBurning
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Show details for Chemicals (RCRA)Chemicals (RCRA)
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Show details for Conditionally Exempt Small Quantity Generators (CESQG)Conditionally Exempt Small Quantity Generators (CESQG)
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Show details for Large Quantity Generators (LQG)Large Quantity Generators (LQG)
Show details for Legislation (hazardous waste)Legislation (hazardous waste)
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Show details for Listing Hazardous WasteListing Hazardous Waste
Show details for ManifestManifest
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Show details for Mercury WastesMercury Wastes
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Show details for Mining WasteMining Waste
Hide details for Miscellaneous UnitsMiscellaneous Units
03/10/2000PERMITTING OF MOLTEN SALT OXIDATION PROCESSMemo
 Description: Miscellaneous unit regulations specify environmental performance standards. Permitting agency will specify terms and provisions from other sections of regulations as technical standards. EPA expects permit writer to look to new maximum achievable control technology (MACT) incinerator air emissions standards for miscellaneous unit. Spent salt from molten salt oxidation (MSO) process may be hazardous waste via derived-from rule. Permitting authority may require risk assessment be completed. Heavy metals are of concern since they are not destroyed by treatment. Units treating waste containing polychlorinated biphenyls (PCBs) may need RCRA and TSCA permits in order to operate. Mixed waste is dually regulated in most states by both EPA and Nuclear Regulatory Commission (NRC).
 
09/23/1999U.S. ARMY - PICATINNY ARSENAL REQUEST FOR WAIVER FROM 40 CFR PART 64, SUBPART CC STANDARDS FOR TANKS AT A PROPOSED HAZARDOUS WASTE INCINERATORMemo
 Description: There is no current provision for waiver from compliance with Subpart CC air emission standards. Miscellaneous units are subject to air emission standards. Waste determination must be made before hazardous waste is placed in tank.
 
05/01/1999SUBPART CC AND MISCELLANEOUS UNIT PERMITTINGQuestion & Answer
 Description: The EPA Region is responsible for writing the Subpart CC requirements into the miscellaneous unit’s permit in states authorized to implement Subpart X but not Subpart CC. Until the state receives authorization for provisions promulgated pursuant to HSWA, the EPA Region would write the provisions into the unit’s permit and would be responsible for the implementation of the HSWA provisions.
 
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.
 
02/06/1998STATE OF UTAH REQUEST REGARDING STATUS OF HAZARDOUS WASTE MANAGEMENT UNITS LOCATED WITHIN A CONTAINMENT BUILDINGMemo
 Description: Whether or not tanks, containers, or miscellaneous units are located within a containment building does not change the regulatory status of those units. Containment building could satisfy secondary containment requirements for tanks or containers.
 
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.
 
08/15/1997TREATMENT PROCESS FOR SPENT ABRASIVE WASTESMemo
 Description: Vacuum system that mixes characteristic spent abrasive wastes and additives does not appear to resemble either tank or container. Unit that treat wastes between point of collection and point of accumulation could be regulated treatment unit subject to miscellaneous treatment standards. Determination of unit’s status is made on site-specific basis. Treated waste that passes TCLP when initially tested but later found to exhibit characteristic becomes regulated hazardous waste. CERCLA liability is independent of any hazardous waste determination.
 
07/30/1997RESPONSE TO QUESTIONS FROM CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL REGARDING VARIOUS ISSUES ON THE COMBUSTION OF HAZARDOUS WASTEMemo
 Description: Controlled flame combustion refers to a steady-state, or near steady-state, process wherein fuel and/or oxidizer feed rates are controlled. Fluidized bed devices are incinerators. Catalytic converters are regulated as miscellaneous units if the reaction ceases without the catalyst. The use of a catalyst to enhance traditional combustion would not allow classification as a miscellaneous unit. Systems operating outside the limits of flammability (i.e., a flame is never formed) are not incinerators. The process not the product determines a unit's classification. Syngas that is hazardous waste derived is subject to regulation if used as a fuel unless the comparable fuels exemption applies (SEE ALSO: 63 FR 33782; 6/19/98).
 
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.
 
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.
 
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.
 
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.
 
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.
 
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).
 
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.
 
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.
 
02/01/1994REGULATORY 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.
 
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.
 
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.
 
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.
 
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).
 
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).
 
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.
 
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.
 
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.
 
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).
 
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.
 
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.
 
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.
 
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.
 
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.
 
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).
 
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).
 
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)).
 
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.
 
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.
 
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).
 
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).
 
07/01/1984TREATMENT IN SUBPART Q UNITSQuestion & Answer
 Description: EPA intends to promulgate standards for miscellaneous units under Subpart X in Part 264, for permitting chemical, physical, and biological treatment units operating under Part 265, Subpart Q.
 
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