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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
Show details for Buy RecycledBuy Recycled
Show details for Characteristic WastesCharacteristic Wastes
Show details for Chemicals (RCRA)Chemicals (RCRA)
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Show details for CompostingComposting
Show details for Conditionally Exempt Small Quantity Generators (CESQG)Conditionally Exempt Small Quantity Generators (CESQG)
Show details for Construction and Demolition WastesConstruction and Demolition Wastes
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Show details for F-wastesF-wastes
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Show details for GasGas
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Show details for Grants (municipal solid waste)Grants (municipal solid waste)
Show details for Groundwater MonitoringGroundwater Monitoring
Show details for Hazardous WasteHazardous Waste
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Show details for K-wastesK-wastes
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Show details for Land Treatment UnitsLand Treatment Units
Show details for LandfillsLandfills
Show details for Large Quantity Generators (LQG)Large Quantity Generators (LQG)
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Show details for Listing Hazardous WasteListing Hazardous Waste
Show details for ManifestManifest
Show details for Medical WasteMedical Waste
Show details for Mercury WastesMercury Wastes
Show details for Military MunitionsMilitary Munitions
Show details for Mining WasteMining Waste
Show details for Miscellaneous UnitsMiscellaneous Units
Show details for Mixed Waste (radioactive waste)Mixed Waste (radioactive waste)
Show details for Municipal Solid WasteMunicipal Solid Waste
Show details for Native Americans - TribesNative Americans - Tribes
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Hide details for Nonhazardous WasteNonhazardous Waste
01/01/2009Fact Sheet: EPA Announces Reorganization and Name Change for the Office of Solid Waste (OSW); OSW Becomes the Office of Resource Conservation and Recovery and Streamlines Its OperationsPublication
 Description: This fact sheet discusses the reorganization of the Office of Solid Waste (OSW) and the name change to the Office of Resource Conservation and Recovery (ORCR).
 
07/01/2006Environmental Protection Begins with You: A Guide to Environmental Community ServicePublication
 Description: This document contains examples of volunteer projects related to solid waste management and highlights the many benefits and opportunities for both experienced volunteers and those looking to participate in service projects for the first time. Volunteering provides the opportunity to enjoy new experiences, meet new people, learn new skills, and put ideas and talents to work.
 
06/14/2004MOVEMENT OF MUNICIPAL SOLID WASTE FROM CANADA INTO MICHIGANMemo
 Description: All municipal solid waste (MSW) must be disposed of in a MSW landfill that is licensed and regularly inspected. Landfills must comply with requirements including responsible siting, safe operation and design, regular ground water monitoring, corrective action, closure and post-closure care. U.S. Customs Service visually inspects trucks importing waste for suspicious leaks and uses x-ray and radiation monitoring equipment.
 
03/12/2004DISPOSAL OF CANADIAN MUNICIPAL SOLID WASTE IN MICHIGAN LANDFILLSMemo
 Description: Canada is permitted to send trash to the U.S. by international law. Imported waste is managed according to U.S. regulations. Landfills are licensed and inspected by the state. Federal RCRA requirements and state regulations have rules to make landfill owners prevent leaks into the soil and water, cover the waste every day, and operate the landfills under careful controls.
 
12/16/2003DISPOSAL OF CANADIAN MUNICIPAL SOLID WASTE IN NEW YORK LANDFILLSMemo
 Description: Shipments of municipal solid waste (MSW) between the U.S. and Canada occur routinely. The U.S. has a well-established regulatory system to determine what can be responsibly managed in landfills. Properly permitted and compliant MSW landfills enable solid waste disposal that appropriately minimizes the risk to public health and the environment.
 
01/07/2003MINE PLACEMENT OF COAL COMBUSTION WASTESMemo
 Description: EPA is continuing the course of action discussed in the regulatory determination for coal combustion wastes (CCW) (SEE ALSO: 65 FR 32214; 5/22/00). EPA is currently gathering information to determine if additional controls may be necessary for the mine placement of CCW and is arranging meetings with environmental, community, and public interest groups, as well as other federal agencies and state and tribal regulators, to hear their concerns.
 
11/04/2002REDUCTION, RECYCLING, AND INTERSTATE TRANSPORT OF SOLID WASTEMemo
 Description: EPA promotes waste recycling and reduction, especially through the Resource Conservation Challenge (RCC). Waste should be safely managed wherever it is sent.
 
10/07/2002FOLLOW-UP ACTIVITIES TO THE HAZARDOUS WASTE CHARACTERISTICS SCOPING STUDYMemo
 Description: The Hazardous Waste Characteristics Scoping Study reviewed the effectiveness of current hazardous waste characteristics in identifying regulated hazardous wastes. The study examined whether other properties should be used to classify a waste as hazardous or if current characteristics should be expanded. The Scoping Study found most nonhazardous waste is managed appropriately when disposed. More investigations are needed on the risk of waste releases to air, on the potential for hazardous constituents to leach from waste, and on the measurement of the ignitability, corrosivity, and reactivity characteristics. Air studies found no need for additional regulation. Other investigations are currently underway.
 
09/10/2002RESULTS OF HAZARDOUS WASTE CHARACTERISTICS SCOPING STUDYMemo
 Description: The Hazardous Waste Characteristics Scoping Study reviewed RCRA hazardous waste (HW) characteristics. The Scoping Study examined whether the regulations were effective in identifying HW, whether other waste properties should be used to classify HW, and whether HW characteristics should be expanded. More studies are needed on the risks of waste releases to air, the potential for hazardous constituents to leach, and measurements of the ignitability, corrosivity, and reactivity characteristics. Air studies found no need for additional regulation. The Scoping Study found that most nonhazardous waste is managed appropriately when disposed.
 
11/01/2001LDR PAPERWORK REQUIREMENTS FOR SUBTITLE D FACILITIESMemo
 Description: Subtitle D facilities that treat decharacterized waste for underlying hazardous constituents (UHCs) are not subject to the land disposal restrictions (LDR) notification and certification requirements. A generator must place a one-time notification in its files and send copies to the region and authorized state (SUPERSEDED: 71 FR 16913, 16889-16892; April 4, 2006). A generator is not required to notify the Subtitle D facility of the constituents subject to treatment. Subtitle D treaters are not required to verify compliance with the treatment standards (SEE ALSO: 58 FR 48135; 9/14/93). EPA reserves the right to revisit this issue (SEE ALSO: 59 FR 48016; 9/19/94).
 
10/26/2001PLASTIC BAG RECYCLINGMemo
 Description: EPA has significant information available on the environmental benefits of plastics recycling. EPA is also aware of several plastics-related associations that should be able to help in identifying different plastic sortation and recycling systems, including the American Plastics Council and the Association of Postconsumer Plastics Recyclers.
 
10/11/2001WASTE VISUAL DISTRESS SIGNALSMemo
 Description: The State of Florida has developed an action plan for the safe collection and disposal of waste visual distress signals (VDS) flares. This action plan could serve as a model for other states to develop programs to manage waste flares.
 
09/05/2001POLLUTION AND LITTER CONTROLMemo
 Description: The United States now recycles over one quarter of household garbage due to efforts by citizens, community groups, businesses and governments. State and local governments further recycling through curbside recycling programs. Keep America Beautiful is one organization working to prevent litter in towns and cities.
 
09/05/2001USE OF MAXIMUM CONTAMINANT LEVELS IN RCRA REGULATIONSMemo
 Description: The regulated community should comply with the maximum contaminant levels (MCLs) as stated in 40 CFR Appendix I, 258.40, and 265 Appendix III, not the MCLs as revised under the Safe Drinking Water Act (SDWA). Most states have approved solid and/or hazardous waste programs and may have more stringent requirements.
 
08/14/2001BENEFITS OF BIOMASS ENERGYMemo
 Description: EPA recognizes the environmental benefits of renewable energy sources and biomass energy is an important component of the Administration’s National Energy Plan. A multi-agency effort known as the Biomass Initiative is coordinating and promoting federal biobased products and biomass energy research and development. Federal funding opportunities for biomass technologies may be available through the Small Business Administration’s (SBA) Small Business Innovative Research (SBIR) program, the 504 Certified Development Company Loan Program, or the Loan Guarantee Program.
 
06/20/2001DISPOSAL OF OIL SLUDGE FROM OLD OIL TANKSMemo
 Description: The regulatory status of oil and oil sludge wastes removed from old tanks will depend upon whether the oil is used or unused, the source of the oil, and whether the oil sludge meets the definition of a hazardous waste. If the oil is unused, then the generator must make a hazardous waste determination based on testing or knowledge of the waste. Nonhazardous liquid oil may be mixed with an absorbant and disposed of in a municipal landfill. If the oil waste is hazardous, the waste must be managed in accordance with state and federal regulations. There are special federal exclusions for generators of less than 100 kg/month which may not be allowed by certain state regulations. Generators of hazardous waste are primarily liable for waste mismanagement, although any person may be held liable for violating RCRA regulations.
 
05/01/2001Voluntarios para el Cambio: Una Guia para el Servicio Comunitario Ambiental (Spanish - Volunteer for Change: A Guide to Environmental Community Service)Publication
 Description: This is the Spanish translation of Volunteer for Change: A Guide to Environmental Community Service. This booklet contains just a few examples of volunteer projects related to solid waste management. Many other community groups and organizations exist throughout the United States. We hope these stories will inspire and motivate you to participate in a local volunteer program or even start your own.
 
05/01/2001Volunteer for Change: A Guide to Environmental Community ServicePublication
 Description: This booklet contains just a few examples of volunteer projects related to solid waste management. Many other community groups and organizations exist throughout the United States. We hope these stories will inspire and motivate you to participate in a local volunteer program or even start your own.
 
03/21/2001BIOPLEX WASTE-TO-ENERGY TECHNOLOGYMemo
 Description: In 1989, EPA published an “Agenda for Action” that proposed a solid waste management hierarchy of waste prevention, recycling, and waste disposal. Communities should implement an integrated solid waste management plan according to their individual needs. EPA research has shown that recycling and source reduction activities produce greater greenhouse gas savings than energy recovery from waste-to-energy facilities or landfill gas-to-energy projects.
 
02/22/2001REPLACEMENT TIRE MANAGEMENT UNDER THE TRANSPORTATION, RECALL, ENHANCEMENT, ACCOUNTABILITY, AND DOCUMENTATION ACTMemo
 Description: The management of scrap tires, a form of municipal solid waste, is handled primarily at the state level. Figures from the Scrap Tire Management Council show that on average, over 270 million scrap tires are generated each year. The Transportation, Recall, Enhancement, Accountability, and Documentation (TREAD) Act provides that in the case of a remedy involving replacement of tires, the manufacturer shall, to the extent possible, prevent replaced tires from being resold, and limit the disposal of replaced tires in landfills. Replaced tires would go instead to recycling, recovery, beneficial use, and incineration with energy recovery, where possible.
 
02/01/2001LAND DISPOSAL RESTRICTIONS NOTIFICATION REQUIREMENTS FOR DECHARACTERIZED WASTEQuestion & Answer
 Description: A large quantity generator (LQG) who fully treats a characteristic waste to meet the land disposal restrictions (LDR) must certify that the waste meets treatment standards as specified in 268.7(b)(4)(v). Notification and certification forms should not accompany shipments from generators to Subtitle D facilities (SEE ALSO: 55 FR 22520, 22663; 6/1/90). Once the waste has been decharacterized, the generator must send a one-time written notification and certification to the authorized state or EPA region and place copy in the facility’s files.
 
01/31/2001FUNDING FOR SCRAP TIRE RECYCLING FACILITIESMemo
 Description: The Municipal Solid Waste Funding Authority provides limited funding to governments or non-profit organizations for programs addressing municipal solid waste generation and management problems. The Small Business Innovative Research (SBIR) program provides funding to private and non-profit small businesses to conduct research on new technologies, products, and processes. The Small Business Administration (SBA) administers the 504 Certified Development Company Loan Program and the 7(a) Loan Guarantee Program, which provide long-term, fixed asset financing to small businesses.
 
12/05/2000DISPOSAL OF SPENT HOUSEHOLD SMOKE DETECTORSMemo
 Description: Waste smoke detectors are not hazardous wastes but may be subject to state or local solid waste provisions. Household smoke detectors contain americium 241, a metallic radionuclide that is byproduct material as defined by the Atomic Energy Act of 1954.
 
11/13/2000IMPLEMENTATION OF VACATURE OF TCLP USE FOR EVALUATING MANUFACTURED GAS PLANT (MGP) WASTES IN THE BATTERY RECYCLERS CASEMemo
 Description: D.C. Court of Appeals vacated use of TCLP for evaluating manufactured gas plant (MGP) waste (Association of Battery Recyclers, Inc., et al. v. US EPA). MGP waste cannot be classified as toxicity characteristic (TC) hazardous, since TCLP test is part of TC regulatory definition. MGP wastes unlikely to exhibit other characteristics. MGP wastes may be regulated under broader in scope state programs, state cleanup programs, or state industrial waste programs (SEE ALSO: 65 FR 51087; 8/22/00; RPC# 10/19/00-01).
 
11/09/2000DISPOSAL OF SCRAP TIRES FROM BRIDGESTONE/FIRESTONE INC. RECALLMemo
 Description: Bridgestone/Firestone Inc. has estimated that the recall will affect 6.5 million tires. A majority of recalled tires are being shredded and beneficially reused as fuel or recycled as crumb rubber. Over 270 million scrap tires are generated per year in United States.
 
10/19/2000MANUFACTURED GAS PLANT (MGP) REMEDIATION WASTE Memo
 Description: TCLP cannot be used to determine whether manufactured gas plant (MGP) waste is hazardous due to court ruling (Association of Battery Recyclers, Inc., et al. v. US EPA). MGP remediation waste is not listed but may be hazardous if exhibit ignitable, corrosive, or reactive characteristic, though unlikely. MGP remediation waste determined to be nonhazardous would be governed by state industrial or nonhazardous waste regulations (SEE ALSO: 65 FR 51087; 8/22/00; RPC# 11/13/00-01).
 
10/10/2000REGULATION OF COAL FLY ASH AND BOTTOM ASH WASTEMemo
 Description: EPA decided that none of the fossil fuel combustion wastes should be regulated as hazardous wastes. Agency concluded that coal combustion wastes placed in landfills, surface impoundments or mines should be regulated as nonhazardous wastes (SEE ALSO: 65 FR 32214; 5/22/00).
 
09/12/2000RECYCLING OF SCRAP TIRESMemo
 Description: EPA does not require recycling of scrap tires. EPA encourages reuse and recycling of scrap tires by providing information on markets for these materials and by encouraging the purchase of products with recycled content. Approximately 270 million scrap tires are generated per year in United States.
 
06/26/2000REGULATION OF FOSSIL FUEL COMBUSTION WASTES AND CLEAN AIR ACT CONTROLS FOR UTILITIESMemo
 Description: EPA decided that none of the fossil fuel combustion wastes should be regulated as hazardous wastes. The Agency concluded that coal combustion wastes placed in landfills, surface impoundments or mines should be regulated as nonhazardous wastes (SEE ALSO: 65 FR 32214; 5/22/00). EPA is studying possible Clean Air Act controls for air emissions of hazardous air pollutants, including mercury, from electric utility industry.
 
06/09/2000REGULATION OF FOSSIL FUEL COMBUSTION WASTESMemo
 Description: EPA decided that none of the fossil fuel combustion wastes should be regulated as hazardous wastes. The Agency concluded that coal combustion wastes placed in landfills, surface impoundments or mines should be regulated as nonhazardous wastes (SEE ALSO: 65 FR 32214; 5/22/00) (also sent to U.S. Senators Gorton, Gramm, Helms & Sarbanes, U.S. Representatives LaHood & Obey, citizen, Mayor Borsheim of Thief River Falls, Bosshart Company, and Throop of Board of Municipal Utilities).
 
06/09/2000TIRE DERIVED FUEL AND REGULATION OF FOSSIL FUEL COMBUSTION WASTESMemo
 Description: EPA decided that none of the fossil fuel combustion wastes should be regulated as hazardous wastes. Decision applies to wastes from combustion of coal, oil, natural gas and co-burning these fossil fuels with supplemental fuels such as tire derived fuel (TDF) when supplemental fuels comprise less than 50 percent of total fuel feed. The Agency concluded that coal combustion wastes placed in landfills, surface impoundments or mines should be regulated as nonhazardous wastes (SEE ALSO: 65 FR 32214; 5/22/00).
 
12/15/1999MANAGEMENT OF NON-HAZARDOUS SOLVENT-CONTAMINATED WIPES AND SHOP TOWELSMemo
 Description: EPA is evaluating viability of several options for safe management of solvent-contaminated disposable wipes and reusable shop towels. One management option is disposal of nonhazardous rags in municipal waste combustors or waste-to-energy facilities.
 
11/22/1999CONTAMINATED RAGS AND WIPES AND RADIATOR COOLANTMemo
 Description: EPA is exploring management options for industrial shop towels and wipes containing hazardous solvents and spent antifreeze.
 
10/18/1999SUGGESTED FEDERAL PROGRAM FOR HAZARDOUS WASTE MANAGEMENTMemo
 Description: RCRA was enacted in 1976 to address the huge volumes of municipal and industrial solid waste generated nationwide. EPA’s internet site provides information on hazardous waste, municipal solid waste, and special waste. EPA has not developed a special logo or graphic for these types of waste. The Agency’s EMPACT program works with communities to collect, manage, and present environmental information.
 
09/24/1999MUNICIPAL SOLID WASTE LANDFILLSMemo
 Description: The number of municipal solid waste landfills (MSWLF) decreased from 8,000 in 1988 to 2,400 in 1996. In 1991, EPA created regulations on location, operation, design, and monitoring of MSWLFs. Handling trash is primarily the responsibility of state and local governments. The recycling of garbage increased by 67 percent between 1990 and 1996.
 
03/25/1998USE OF NONHAZARDOUS PETROLEUM BY-PRODUCTS AS SOIL AMENDMENTSMemo
 Description: EPA does not currently impose regulatory restrictions on the use of nonhazardous wastes (e.g., nonhazardous petroleum by-products) in products that are applied to the land, such as soil amendments; states generally regulate the management of nonhazardous waste.
 
11/01/1997Environmental Fact Sheet: Electronic Access to OSWPublication
 Description: Describes information about hazardous and nonhazardous solid waste available electronically. Details how to access OSW Bulletin Board Systems, EPA Public Access Servers available via both the Internet and modem, and electronic mailing lists (listservers).
 
03/12/1997RCRA APPLICABILITY TO PAINT REMOVAL WASTESMemo
 Description: The paint removal process is not subject to regulation in some circumstances. Waste determination under Section 262.11 is made once the combination of paint and surface preparation product is removed from the surface of the structure. Each product user is responsible for waste determination. Nonhazardous waste which subsequently becomes hazardous is subject to regulation. Generators are potentially liable under CERCLA for damage caused by a release. A lead-based paint abatement contractor and building owner are both generators (cogenerators).
 
02/01/1997DELAY OF CLOSUREQuestion & Answer
 Description: Owners and operators of hazardous waste surface impoundments, landfills, and land treatment units can delay the closure timetable beyond the 90-day period and allow the units to accept nonhazardous waste, if the units meet the conditions of Sections 264.113(d)/265.113(d). Owners or operators of tanks, containers, waste piles, and incinerators are not allowed to delay closure. These units must comply with all applicable closure standards before being able to accept nonhazardous waste.
 
01/01/1997LAND DISPOSAL RESTRICTION NOTIFICATION REQUIREMENTS FOR DECHARACTERIZED MIXED WASTE SENT TO AN ATOMIC ENERGY ACT LANDFILLQuestion & Answer
 Description: A generator treating prohibited characteristic mixed waste and rendering it nonhazardous must send a one-time notification and certification to EPA Region or authorized state if waste is sent to Atomic Energy Act (AEA) landfill; because 4004 prohibits open dumping of solid waste, the decharacterized waste can be sent to AEA landfill only if it meets Subtitle D criteria of Part 257 or 258
 
12/10/1996Final Hazardous Waste Characteristics Scoping Study; AppendicesPublication
 Description: Provides supplemental information for the Hazardous Waste Characteristics Scoping Study. Appendix A contains 112 release descriptions from 12 states covering groundwater, surface water, and soil contamination from a variety of industries, waste management practices, and constituents. Appendix B presents methodology, results, limitations of the Agency's efforts to identify contamination resulting from management of nonhazardous industrial wastes fro the four data sources not discussed in Chapter 2 of the Scoping Study. Appendix C is a comparison of ICR characteristics definitions to related definitions.
 
10/01/1996EXEMPTION FOR LIME STABILIZED PICKLE LIQUOR SLUDGE GENERATED BY THE IRON & STEEL INDUSTRYMemo
 Description: Lime stabilization of pickle liquor can be part of a wastewater treatment system that treats other nonhazardous, or characteristic wastes. Sludge will be exempt from derived-from rule if not characteristic. The derived-from rule exemption at Section 261.3(c)(2)(ii)(A) will not apply if the pickle liquor is treated with other listed waste. A sludge which exhibits a characteristic is listed K062 waste.
 
06/01/1996DELAY OF CLOSURE FOR NON-RETROFITTED HAZARDOUS WASTE SURFACE IMPOUNDMENTS CONTINUING TO RECEIVE NON-HAZARDOUS WASTEQuestion & Answer
 Description: A surface impoundment newly subject to regulation may cease receiving hazardous waste before the four-year mandatory retrofitting deadline and thus avoid minimum technological requirements (MTR). An owner may continue receiving nonhazardous waste indefinitely without closing. The owner of a surface impoundment that ceases receiving hazardous waste does not have to begin closure activities until 90 days after the final receipt of nonhazardous waste. An impoundment not in compliance with Section 265.113(e) must begin closure within 90 days after the 4-year retrofitting period (Section 3005(j)).
 
06/01/1996Environmental Fact Sheet: Standards Issued for Nonmunicipal Solid Waste Units that Receive CESQG Hazardous WastePublication
 Description: Announces the promulgation of standards for nonmunicipal solid waste units that receive hazardous waste from CESQGs. Explains new technical standards for nonmunicipal nonhazardous waste disposal units that receive CESQG hazardous wastes; these include location restrictions, groundwater monitoring requirements, and corrective action standards. Describes the three types of facilities that might receive CESQG waste and how they might be affected by this rule.
 
02/27/1996CLARIFICATION OF THE ""MIXTURE RULE,"" THE ""CONTAINED-IN"" POLICY, LDR ISSUES, AND ""POINT OF GENERATION"" FOR U096Memo
 Description: U096 spilled on soil is subject to the contained-in policy. The contained-in policy does not specify levels at which contained-in determinations must be made. EPA leaves contained-in determinations to the discretion of the implementing agency. Under the Section 261.3(a)(2)(iii) mixture rule exemption, mixture of hazardous waste listed solely for exhibiting a characteristic (e.g., U096) and solid waste that no longer exhibits a characteristic can be disposed in a subtitle D landfill, but must still meet land disposal restrictions treatment standards (SEE ALSO: 268.3; 61 FR 18780; 4/29/96; 66 FR 27266; 5/16/01).
 
02/15/1996EPA'S NON-OBJECTION TO IMPORTS OF COBALT OXIDE-MOLYBDIC OXIDE SPENT CATALYSTS INTO THE U.S. FOR RECOVERYMemo
 Description: Cobalt oxide-molybdic oxide spent catalysts are usually nonhazardous, but can exhibit the toxicity characteristic for benzene and arsenic. EPA does not have the authority to object to imports of nonhazardous waste. In order for Basel parties to export covered waste to non-Basel parties, the two parties must have a bilateral agreement in place. Presents a list of countries that are parties to Basel as of January 10, 1996.
 
09/01/1995Decision Maker's Guide to Solid Waste Management: Volume 2Publication
 Description: This document offers solid waste management practitioners detailed information to understand the key technical, economic, political, and social issues that must be addressed to develop effective waste management programs. Sections address public education and involvement, facility siting, factors to consider in developing a waste management program, collection and transfer, source reduction, recycling, composting, combustion, and land disposal.
 
07/15/1995Environmental Fact Sheet: Electronic Resources GuidePublication
 Description: Describes information about hazardous and nonhazardous solid waste available electronically. Details how to access Office of Solid Waste Bulletin Board Systems, EPA Public Access Servers available via both the Internet and modem, and electronic mailing lists (Listservers).
 
07/13/1995REGULATORY STATUS OF SPENT ANTIFREEZEMemo
 Description: Spent antifreeze from radiator flushes may be characteristic. Studies indicate spent antifreeze may be hazardous, primarily due to lead. EPA has not determined the point of generation for like wastes of similar composition when commingled after being produced. Discusses the status of commingling hazardous and nonhazardous antifreeze. If the commingled mixture is no longer hazardous and meets treatment standards, the generator must comply with the Section 268.9 notification requirement. Residues and still bottoms from antifreeze recycling are a newly generated waste. Metal-bearing, high-BTU still bottoms could be burned in a BIF under the dilution prohibition.
 
06/01/1995DESIGN CRITERIA EXEMPTION FOR SMALL, ARID, REMOTE MUNICIPAL SOLID WASTE LANDFILLSQuestion & Answer
 Description: Small municipal solid waste landfills (MSWLFs) in arid or remote areas (those that are exempt from MSWLF design criteria provided there is no groundwater contamination) must work towards compliance with design standards immediately upon the discovery of contamination.
 
04/05/1995DELAY RULE FOR SUBTITLE D FINANCIAL ASSURANCEMemo
 Description: April 9, 1997 is the new deadline for municipal solid waste landfills to obtain financial assurance. This delay will allow the development of local government and corporate financial test mechanisms.
 
03/22/1995REVISED IMPLEMENTATION STRATEGY FOR CITY OF CHICAGO V. EDF MUNICIPAL WASTE COMBUSTION (MWC) ASH SUPREME COURT DECISIONMemo
 Description: Ash from waste-to-energy facilities burning municipal solid waste (MSW) is no longer exempt from Subtitle C if it exhibits characteristics under 3001(i). Municipal waste combustor ash must be evaluated for characteristics at the point the ash leaves the resource recovery facility, making the mixing of bottom and fly ash prior to a hazardous waste determination impossible in some cases (SEE ALSO: 10/1/94-02; 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95).
 
03/07/1995APPLICABILITY OF THE HOUSEHOLD WASTE EXCLUSION TO LEAD-CONTAMINATED SOILMemo
 Description: Lead-contaminated soil at a residence is exempt household hazardous waste (HHW) if it is the result of routine stripping and painting or natural weathering of lead-based paint (LBP). LBP chips from stripping and repainting of residence walls by an owner or contractor are HHW. Construction, renovation, or demolition debris is not HHW (SUPERSEDED: See RPC# 7/31/00-01). Waste generated by home health care providers may be HHW. Media and debris contaminated by residential heating oil tanks are household hazardous waste (HHW). Covering residential soil containing hazardous waste with sod, mulch, or gravel does not constitute generation, treatment, or disposal of hazardous waste and triggers no Subtitle C obligations. HHW mixed with a regulated hazardous waste is subject to Subtitle C regulation. The Subtitle D regulations (Part 257 open dumping rules and Part 258 municipal solid waste landfill regulations) may not apply to household waste disposed on residential property.
 
02/07/1995POLICIES REGARDING SELF-CERTIFICATION OF NON-HAZARDOUS WASTEMemo
 Description: There is no RCRA policy for “self-certifying” that a listed waste is nonhazardous. Listed wastes remain listed and hazardous until delisted. Wastes that will be beneficially recycled may still be a solid and thus a hazardous wastes.
 
12/01/1994NOTIFICATION REQUIREMENTS FOR EXPORTED WASTESQuestion & Answer
 Description: Export regulations apply only to hazardous wastes that are subject to manifest requirements. Generators of wastes which are nonhazardous in the U.S. but hazardous in the exporting country do not need to notify EPA of the export.
 
10/01/1994STATUS OF MUNICIPAL WASTE COMBUSTION (MWC) ASHQuestion & Answer
 Description: Municipal waste combustion (MWC) ash is subject to regulation if it exhibits a characteristic. Discusses the history of municipal waste combustion regulation. Ash from waste-to-energy facilities is a newly-identified waste for purposes of the land disposal restrictions (LDR). (SEE ALSO: 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95; RPC# 3/22/95-01)
 
09/29/1994APPLICABILITY OF CERCLA TO MERCURY-CONTAINING LAMPS AND PCB-CONTAINING BALLASTSMemo
 Description: Disposal of fluorescent lamps in a hazardous waste landfill is exempt from CERCLA reporting, but not from CERCLA liability or response provisions. The disposal of fluorescent lamps or ballasts in a Subtitle D landfill or a TSCA landfill is not exempt from CERCLA release reporting requirements.
 
09/14/1994QUALIFICATIONS NECESSARY TO PERFORM ENVIRONMENTAL REMEDIATION TASKSMemo
 Description: Discusses the methods for demonstrating that someone is a qualified groundwater scientist. The principles of the qualified groundwater scientist definition can be applied to related scientific disciplines such as environmental engineering. RCRA does not regulate the contents of a professional engineering certification.
 
07/25/1994CLARIFICATION OF CERTAIN CLOSURE COST ESTIMATE REQUIREMENTS APPLICABLE TO FACILITIES SEEKING A PERMIT UNDER 40 CFR 264Memo
 Description: Closure cost estimates must equal the cost of closing a facility at the point where closure would be the most expensive. Salvage value for waste, equipment, land, assets, or zero cost for hazardous and nonhazardous wastes may not be used in the estimate. A third party is a party who is neither a parent or subsidiary corporation.
 
06/23/1994ON-SITE TREATMENT OF MANHOLE SEDIMENT WHICH MAY EXCEED THE TOXICITY CHARACTERISTIC FOR LEADMemo
 Description: A material must exceed a 60 mm particle size to meet the debris definition. Debris stabilization with lime, fly ash, or portland cement is considered microencapsulation or immobilization and must be disposed of in hazardous waste landfill if characteristic, or may be disposed of in nonhazardous landfill if not characteristic. Nonhazardous disposal is subject to Section 268.9 for land disposal restrictions (LDR) notification, but not the hazardous waste manifest.
 
06/01/1994SCOPE OF SPENT SOLVENT LISTINGSMemo
 Description: EPA has not established numerical levels for solvent contamination in nonhazardous manufacturing process wastes that trigger hazardous waste regulation. If listed solvent hazardous waste in any amount is mixed with other solid waste, the mixture is listed (SEE ALSO: 261.3(a)(2)(iv) exemption; RPC# 10/20/92-02).
 
05/27/1994IMPLEMENTATION STRATEGY OF U.S. SUPREME COURT DECISION CITY OF CHICAGO V. EDF FOR MUNICIPAL WASTE COMBUSTOR ASHMemo
 Description: The implementation strategy following the Supreme Court Decision states Section 3001(i) does not exempt ash from resource recovery facilities burning household and nonhazardous commercial wastes. Waste-to-energy facilities must set up programs to determine if ash is hazardous and must manage hazardous ash in an environmentally responsible manner. Discusses factors to consider in an enforcement response (SUPERSEDED: see RPC# 3/22/95-01).
 
05/27/1994Implementation Strategy of U.S. Supreme Court Decision in City of Chicago v. EDF for Municipal Waste Combustion Ash; MemorandumPublication
 Description: This memorandum discusses the May 2, 1994, U.S. Supreme Court opinion, which states that Section 3001(i) of RCRA does not exempt ash generated at resource recovery facilities (i.e., waste-to-energy facilities) burning household wastes and nonhazardous commercial wastes from the hazardous waste requirements of Subtitle C of RCRA. It also examines EPA's strategy for assisting waste-to-energy facilities to comply with the RCRA Subtitle C requirements.
 
05/09/1994REGULATORY REQUIREMENTS FOR ON-SITE TREATMENT OF OXYGEN BREATHING APPARATUS (OBA) CANISTERSMemo
 Description: Oxygen breathing apparatus (OBA) used by firefighters could qualify as exempt scrap metal when recycled. There is no need to determine if recycled scrap metal is a hazardous waste (HW). Emptying a steel OBA canister could be an exempt scrap steel recycling process if the canisters are to be recycled (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal). Emptying canisters to render them nonhazardous prior to disposal may be regulated treatment. HW canisters may be accumulated on-site without a permit under 262.34. Tanks meeting the wastewater treatment unit definition are exempt from permitting requirements.
 
04/12/1994TESTING OF USED FILTERSMemo
 Description: A generator may apply knowledge for a hazardous waste determination on a nationwide basis only if all processes and materials are identical at each location. Once a waste has been tested and shown to be nonhazardous, further testing is unnecessary as long as the process and materials do not change.
 
02/09/1994ALTERNATE FINAL COVER DESIGNS FOR SUBTITLE D LANDFILLSMemo
 Description: A state with an approved Subtitle D program has the flexibility to consider site-specific factors when interpreting and applying the regulations. It is neither necessary nor expected that an approved state or tribe will seek EPA agreement or interpretation of specific Subtitle D requirements. 258 does not explicitly require the use of a synthetic membrane in the final cover if the unit has a synthetic membrane liner at the bottom of the unit.
 
02/03/1994RESPONSE TO REQUEST FOR INFORMATION ON ENFORCEMENT AUTHORITY IN STATESMemo
 Description: Discusses the definition of base authorization. Whether the state or EPA enforces a rule depends on the state’s authorization status and whether the rule is HSWA or non-HSWA. A non-HSWA rule is not effective until a base-authorized state adopts it. HSWA rules are effective immediately in all states. EPA can enforce regulations that are part of an authorized state’s program, but EPA must enforce the state's standards, which may be more stringent than federal standards. Subtitle D permitting and enforcement is left to the states.
 
01/05/1994THE EFFECT OF AN UPCOMING RULE ON NONHAZARDOUS UNDERGROUND INJECTION CONTROL WELLS AND ELEMENTARY NEUTRALIZATION UNITSMemo
 Description: Provides a summary of Phase III and characteristic wastes managed in CWA systems and underground injection control (UIC) wells. A nonhazardous UIC well is a land disposal unit. Waste disposed of in a well must meet land disposal restrictions (LDR) treatment standards or the unit will need a no-migration variance. LDR Phase III will not eliminate elementary neutralization units (ENU) but will require that wastes decharacterized in ENUs meet standards for underlying hazardous constituents (SUPERSEDED: see 61 FR 15660; April 8, 1996).
 
11/18/1993TREATMENT OF AN INHERENTLY HAZARDOUS DEBRIS THAT EXHIBITS THE TOXICITY CHARACTERISTIC FOR LEAD AND CADMIUMMemo
 Description: Debris can be treated using the alternative treatment standards or the waste specific land disposal restrictions (LDR) standards. Listed debris treated to the waste specific standard is still hazardous waste after treatment and must be disposed of in a Subtitle C unit. Characteristic debris, including inherently hazardous debris, may be disposed in a Subtitle D unit if no longer exhibits a characteristic.
 
11/17/1993REGULATORY STATUS AND MANAGEMENT OF LIQUIDS AND ABSORBENT MATERIALS CONTAINING LIQUIDSMemo
 Description: The liquids in landfills prohibition applies only to hazardous waste landfills. Sorbents that are used to clean up non-listed waste are hazardous only if they are characteristic. Liquids must be absorbed prior to placement in municipal solid waste landfills. Used oil is presumed to be recycled until it is sent for disposal. Sorbents containing used oil that will be burned for energy recovery are subject to Part 279. Sorbents that are defined as used oil that will not be burned for energy recovery are managed under Part 279 until they are disposed, even if they are characteristic.
 
10/01/1993EFFECTIVE DATE DELAYED FOR CERTAIN MUNICIPAL SOLID WASTE LANDFILLSQuestion & Answer
 Description: Discusses the delay of the effective dates of municipal solid waste landfill criteria for certain landfills. Explains that the financial assurance effective date was extended to April 9, 1995. The groundwater monitoring exemption for very small, arid, and remote landfills has been removed.
 
04/26/1993STRATEGY FOR VOLUNTARY REMEDIATION OF HISTORIC MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Manufactured gas plant (MGP) wastes are not listed but they may exhibit a characteristic. MGP wastes are newly identified and are not subject to land disposal restrictions (LDR) treatment requirements or the dilution prohibition. MGP wastes may be decharacterized in generator's 262.34 accumulation units without a permit and sent off-site for burning in utility boilers as nonhazardous waste (SEE ALSO: 63 FR 28556; 5/26/98).
 
03/05/1993U.S. WASTE MANAGEMENT PRACTICES FOR AUTOMOBILES AND AUTO SHREDDER RESIDUEMemo
 Description: Automobile shredder residue (ASR or fluff) and shredded appliances have the potential to exhibit characteristics, and may also contain PCBs above levels of regulatory concern. It is the generator's responsibility to determine whether ASR is hazardous waste before disposal. Provides the estimated ASR yearly generation. Most shredder residue is managed in solid waste (SW) landfills. Some states ban disposal of white goods (appliances) and autos from landfills or impose a consumer surcharge.
 
03/03/1993EPA’S MUNICIPAL SOLID WASTE ASSISTANCE PROGRAM AND THE SBA’S POLLUTION CONTROL LOAN PROGRAMMemo
 Description: EPA‘s Municipal Solid Waste Assistance program (Subtitle D) provides limited funding and grants to help solve solid waste problems at the local, Regional, and national levels. Funding is restricted to nonprofit organizations. The Small Business Administration’s (SBA) Pollution Control Loans program may assist in building pollution control facilities.
 
11/04/1992CLASSIFICATION OF F003 WASTESMemo
 Description: Xylene and acetone used to remove paint is F003, even if the waste is not ignitable. The 261.3(a)(2)(iii) mixture rule exemption does not apply to nonignitable F003 that has not yet been mixed with solid waste, and does not apply to a mixture of soil and F003 that does not exhibit a characteristic (SEE ALSO: 66 FR 27266; 5/16/01). Land disposal restrictions (LDR) treatment requirements still apply to F003 waste that has been rendered nonignitable and/or nonhazardous under 261.3(a)(2)(iii). If F003 is spilled into soil, the soil must be managed as listed waste until the state or Region determines that it no longer contains hazardous waste.
 
11/01/1992MUNICIPAL SOLID WASTE LANDFILL CRITERIAQuestion & Answer
 Description: If only one of three municipal solid waste landfill cells continues to receive waste after October 9, 1991, only that cell must comply with the cover requirements if it closes before October 9, 1993. If the cell continues to receive waste after October 9, 1993, it would need to comply with the Part 258 requirements. Each landfill cell is a separate unit.
 
10/01/1992MUNICIPAL SOLID WASTE CHARACTERIZATIONQuestion & Answer
 Description: Discusses the general 1990 statistics about municipal solid waste generation and disposition in the U.S. (SEE ALSO: current Municipal Solid Waste in The United States Facts and Figures).
 
09/04/1992STATUS OF FLUORESCENT LAMPS UNDER RCRAMemo
 Description: CESQG or household hazardous waste (HHW) fluorescent light bulbs may be land disposed in Subtitle D landfill regardless of characteristic properties. Land disposal restrictions (LDR) do not apply to D009 mercury-containing fluorescent light bulbs that pass the extraction procedure (EP) test (SUPERSEDED: see 63 FR 28556; 5/26/98). The bulbs are subject to LDR because they exhibit the EP toxicity characteristic and toxicity characteristic (TC), and could be considered debris per 268.45.
 
07/22/1992RCRA SUBTITLE C REQUIREMENTS APPLICABLE TO HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAMS COLLECTING CESQG WASTEMemo
 Description: CESQG wastes managed by state-approved Household Hazardous Waste Collection programs may be mixed with nonhazardous waste (e.g., household hazardous waste) and remain subject to the CESQG requirements, even if the mixture exhibits a characteristic. Collection programs that handle the commingled waste are subject to CESQG regulations. CESQGs who mix hazardous and nonhazardous waste and whose resultant mixtures exceed the 261.5(h) quantity limit and exhibit a characteristic are subject to 262 generator regulations.
 
07/21/1992TREATING WASTES IN GENERATORS ACCUMULATION TANKS AND CONTAINERSMemo
 Description: Generators may conduct treatment of used oil (e.g., mixing characteristic used oil with another material to render the used oil nonhazardous) in accumulation tanks or containers without a permit or interim status provided that the units conform to the standards in Part 265, Subparts I or J, and 262.34.
 
07/01/1992REMEDIATION OF CONTAMINATED SOILS AT HISTORIC MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Generators may treat contaminated soils from manufactured gas plant (MGP) site remediation to remove characteristics in generator accumulation units without a permit. Decharacterized hazardous waste may then be sent off-site for burning as nonhazardous waste (SEE ALSO: 63 FR 28574; 5/26/98).
 
12/30/1991PETITION TO DELIST XENIUM FIBERGLASS CORPORATION WASTEMemo
 Description: The delisting process generally takes two years. Addresses minimum delisting petition requirements. A delisting petition is not necessary for waste which is no longer hazardous via the 261.3(a)(2)(iii) exemption for mixtures of solid waste and hazardous waste listed solely for a characteristic that are no longer characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). The generator is responsible for demonstrating that an exempt mixture remains nonhazardous and for classification as legitimately used, reused, recycled, or reclaimed.
 
11/08/1991SUBTITLE D AND PULP AND PAPER MILL SULDGEMemo
 Description: No additional regulations are warranted under Subtitle D for landfills and surface impoundments receiving unlisted, dioxin-containing sludge from chlorine and chlorine derivative bleached pulp and paper mills.
 
11/01/1991REMOVAL OF TOXICITY CHARACTERISTIC WASTES FROM A SURFACE IMPOUNDMENTQuestion & Answer
 Description: The one-time removal of toxicity characteristic (TC) waste from a surface impoundment on or after the TC rule’s effective date does not subject the unit to regulation (55 FR 11798; March 29, 1990). The unit can then be used to manage nonhazardous waste. The surface impoundment holding TC waste that is left in place and that is not actively managed after the TC effective date is not subject to regulation.
 
07/03/1991TCLP AND LEAD PAINT REMOVAL DEBRISMemo
 Description: Provides general guidance for the representative sampling of lead-based paint abatement wastes (debris and abrasives) from drums, roll off boxes, and other containers. Shipments of LBP abatement wastes from a field site (bridge repair) to a central accumulation point must generally be accompanied by a manifest. The central accumulation point must be a transfer facility or a TSDF to accept manifested hazardous waste. Generators conducting lead-based paint (LBP) abatement must test the wastes using TCLP unless they can apply knowledge to determine characteristics (SEE ALSO: 63 FR 70233, 70241; 12/18/98). If an LBP waste first tests nonhazardous in TCLP due to the masking effect of an iron abrasive but exhibits the characteristic prior to disposal, all hazardous waste regulations apply. LBP abatement wastes that are characteristic for lead may be stabilized on site during accumulation in tanks or containers without a permit.
 
06/21/1991POSITION PAPER ON SPENT ABSORBENT MATERIALSMemo
 Description: CESQGs may dispose of hazardous waste in a sanitary or municipal solid waste landfill as long as the landfill is permitted, licensed, or registered by the state to manage municipal or industrial solid waste (SEE ALSO: 261.5(g)(3)). An absorbent and waste mixture containing a free liquid phase with a flash point less than 140 F is D001. A sorbent and waste mixture with no free liquid is D001 only if it qualifies as an ignitable solid. DOT hazard classes do not correspond directly to RCRA characteristics. The deliberate mixing of hazardous waste and absorbents to render waste nonhazardous may be treatment subject to permitting (SEE ALSO: 264.1(g)(10)) and 268.3). If an absorbent is mixed with waste that is listed solely for exhibiting a characteristic, the mixture is not hazardous waste if it does not exhibit the characteristic (SEE ALSO: 66 FR 27266; 5/16/01). A mixture of absorbent and used oil is subject to Part 266, Subpart E (SUPERSEDED: See Part 279) if destined for energy recovery.
 
05/01/1991REGULATION OF MUNICIPAL WASTE COMBUSTION (MWC) ASHQuestion & Answer
 Description: The Clean Air Act Amendments of 1990 established a two-year exemption for characteristic combustion ash from municipal waste incinerators. The two-year moratorium covered fly and/or bottom ash from both energy recovery and municipal incinerators (SUPERSEDED: October 1, 1994, MRQ, “Status of Municipal Waste Combustion (MWC) Ash”; 59 FR 29372; June 7, 1994; 60 FR 6666; February 3, 1995, and RPC# 3/22/95-01).
 
05/11/1990CONOCO PART B PERMITSMemo
 Description: Pending decision on land disposal restrictions (LDR) no-migration petition, a facility may dispose nonhazardous waste in a land disposal unit undergoing delay of closure after permit modification. If a no-migration petition is denied, the unit must undergo final closure unlessthe facility can receive nonhazardous waste.
 
05/09/1990INDUSTRIAL WASTE DISPOSAL IN PROXIMITY TO WETLANDSMemo
 Description: Historical discussion on location restrictions for municipal solid waste landfills, and EPA’s intent to evaluate industrial waste landfills, characterize wetlands, and develop location standards for hazardous waste management facilities.
 
04/06/1990RETORTED OIL SHALE AND COAL FLY ASHMemo
 Description: Discusses the determination that coal combustion waste streams generally do not exhibit hazardous characteristics. No federal regulations specific to oil shale, but EPA is in the process of developing Subtitle D guidance known as Strawman.
 
03/29/1990MUNICIPAL WASTE COMBUSTION ASHMemo
 Description: Municipal combustion ash exhibiting a characteristic of hazardous waste would be subject to Subtitle C regulation. Ash generated by energy recovery facilities are not specifically exempt from Subtitle C regulation (SEE ALSO: 3/22/95-01; 59 FR 29372; June 7, 1994, 60 FR 6666; February 3, 1995 and 10/1/94-02).
 
02/16/1990EXPORTATION OF MUNICIPAL WASTE TO CENTRAL AMERICAMemo
 Description: EPA has no authority to control the export of municipal solid waste. The export of hazardous waste is regulated. New requirements for municipal solid waste exports are predicted as result of Basel Convention and pending legislation (SEE ALSO: 61 FR 16290; 4/12/96 and 57 FR 20602; 5/13/92).
 
09/14/1989STATUS OF SOLID WASTE EXPORT GATHERINGMemo
 Description: Discussion of EPA estimates of quantities of solid waste exported for disposal or recycling.
 
08/04/1989DEPLETED MIXTURES OF ETHYLENE GLYCOL AND WATER FROM HEAT EXCHANGERSMemo
 Description: A depleted mixture of ethylene glycol and water used as a coolant is a solid waste when disposed, but would only be hazardous waste if it exhibits a characteristic since no listings apply. Generators must test their wastes or apply knowledge. There is no federal regulation for nonhazardous waste generators.
 
07/05/1989CHARACTERISTIC HAZARDOUS WASTE OR SOLID WASTE TREATMENT MAY CREATE A LISTED HAZARDOUS WASTEMemo
 Description: Waste derived from the treatment of waste listed solely for exhibiting a characteristic (e.g., F003) is listed unless mixed with solid waste and the mixture no longer exhibits a characteristic (SUPERSEDED: 66 FR 27266; 5/16/01; SEE ALSO RPC# 11/4/92-01). The treatment of nonhazardous or characteristic electroplating wastewater can generate a listed F006 sludge, whether treatment occurs at generator facility or off-site TSDF.
 
06/19/1989ENVIRONMENTAL MEDIA CONTAMINATED WITH RCRA-LISTED HAZARDOUS WASTEMemo
 Description: Environmental media (groundwater, soil, sediment) contaminated with listed hazardous wastes are regulated via the contained-in policy, not the mixture or derived-from rules, since environmental media are not solid wastes. The Regions or states determine at what levels media no longer contains hazardous waste. Wastes that carry a listing due to the mixture or derived-from rules can be made nonhazardous only by delisting (SEE ALSO: 61 FR 18779; 4/29/96; 66 FR 27266; 5/16/01).
 
05/16/1989DELAY OF CLOSURE PERIOD FOR HWM FACILITIESMemo
 Description: Under limited circumstances, landfills, surface impoundments, and land treatment units may remain open after the final receipt of hazardous waste in order to receive nonhazardous waste.
 
01/17/1989RESPONSE FROM THE OFFICE OF SOLID WASTE TO THE COAST GUARD REGARDING THEIR QUESTIONS ON MEDICAL WASTEMemo
 Description: Medical waste is a solid waste and is subject to Subtitle D regulation, or if hazardous, to Subtitle C. EPA is developing a medical waste program pursuant to the Medical Waste Tracking Act. Medical waste also covered by the CWA, Ocean Dumping Act, and MARPOL (for plastics) (SEE ALSO: 60 FR 33912; 6/29/95).
 
10/27/1988TREATMENT RESIDUALS OF CHARACTERISTIC HAZARDOUS WASTE AS A LISTED HAZARDOUS WASTEMemo
 Description: A sludge is F006 once it precipitates from an electroplating wastewater, whether at generator site or at off-site TSDF. Discussion of the derived-from rule for characteristic waste and waste listed solely for characteristic (SUPERSEDED: See RPC# 7/5/89-01; SEE ALSO: 66 FR 27266; 5/16/01). A generator is not required to identify the source of nonhazardous wastewater, but the TSDF responsible for assigning F006 to sludges. For improper waste characterization, correct the error on the manifest or reject the shipment. The generator and TSDF are potentially liable.
 
07/29/1988CEMENT KILN DUST WASTEMemo
 Description: Cement kiln dust (CKD) is not a hazardous waste (SEE ALSO: 60 FR 7366; 2/7/95). A mixture of exempt cement kiln dust with corrosive liquid (D002) will result in a nonhazardous waste if the mixture no longer exhibits any characteristic (SEE ALSO 261.3(d)(1)). Mixing is considered treatment. No permit is required for treatment performed in generator accumulation tanks subject to 262.34.
 
05/31/1988DEADLINES APPLICABLE TO PROPOSED DELAY OF CLOSURE REGULATION, GUIDANCEMemo
 Description: The proposed delay of closure rule (53 FR 20738; 6/30/88) would allow owners and operators of landfills and certain surface impoundments to delay closure to receive nonhazardous waste. Units which have lost interim status are not eligible for a delay of closure. Owners of units who wish to delay closure must obtain a permit or permit modification. Surface impoundments that are not retrofitted to meet the minimum technological requirements are subject to special requirements if the owner wishes to delay closure. Units that delay closure remain subject to Subtitle C. Units remain subject to the closure plan submission deadlines despite the proposed delay of closure rule (53 FR 20738; 6/30/88). Because the proposed rule is less stringent than the existing closure regulations, authorized states are not required to adopt the new provisions. Interim status units that cease receiving hazardous waste on 11/8/88 may continue to receive nonhazardous wastes until the closure plan is approved as well as during the closure period provided it does not impede closure.
 
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.
 
04/01/1988DILUTION OF LAND DISPOSAL RESTRICTED WASTEQuestion & Answer
 Description: The dilution prohibition does not affect other regulatory provisions which may allow dilution. The mixing of F003 with a nonhazardous wastes in order to render it nonhazardous is a legitimate treatment. The dilution prohibition does not allow mixing as a substitute for adequate treatment (SEE ALSO: 57 FR 37210; 8/18/92).
 
02/22/1988LETTER TO STATE ENVIRONMENTAL COMMISSIONERS: SUBTITLE D STATE SOLID WASTE MANAGEMENT PLANSMemo
 Description: RCRA 4005(c)(1) requires states to develop and implement permit programs for facilities that manage hazardous waste from CESQGs and households. EPA requests states to review and update municipal solid waste (MSW) management plans.
 
02/02/1988CLOSURE REQUIREMENTSMemo
 Description: EPA recognizes the inconsistencies between the tank and container closure requirements and plans to revise Subpart I to ensure consistency. The 3/19/87 clean closure guidance (52 FR 8704) should be applied to closure by the removal of wastes from any RCRA unit. EPA plans to allow interim status and permitted landfills to defer closure to manage nonhazardous wastes. Characteristic waste must be managed as hazardous unless it no longer exhibits any of the four characteristics. Discusses the more protective clean closure action levels v. hazardous waste identification levels. Listed wastes and any waste residues or contaminated soil or debris removed during closure are hazardous unless delisted. The concentrations of total organic carbon (TOC) and total organic halogens (TOX) cannot be used to determine if decontamination wastewater is hazardous.
 
01/29/1988CLOSURE REQUIREMENTS AT FACILITIES HAVING DELISTING EXCLUSIONS REVOKEDMemo
 Description: Final exclusions are considered fully retrospective, so that waste is assumed to have always been nonhazardous. A unit handling a waste that has received a final exclusion is not subject to Subtitle C unless it also contains non-excluded waste. 3005(i) (codified in 270.1(c)) is a HSWA provision and is implemented by EPA until a state becomes authorized for that provision. Wastes granted temporary exclusions and later denied final exclusions using post-HSWA criteria were nonhazardous only during the time that the temporary exclusion was in effect. The regulatory status of units accepting temporarily excluded wastes depends on whether the units accepted waste before or after the temporary exclusions.
 
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.
 
12/11/1987K035 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.
 
10/08/1987ENVIRONMENTAL HAZARDS ASSOCIATED WITH BURNING HAZARDOUS WASTE IN CEMENT KILNSMemo
 Description: Cement kiln dust (CKD) generated during the use of hazardous waste fuel contains elevated lead levels but tends not to leach enough lead to fail the extraction procedure (EP) toxicity test (SUPERSEDED: see 261.24). EPA considers cement kiln dust to be nonhazardous under the Bevill exemption and does not plan on issuing specific guidance (SEE ALSO: 60 FR 7366; 2/7/95).
 
09/01/1987SUBTITLE D PROGRAMS ON INDIAN LANDSQuestion & Answer
 Description: State Subtitle D standards do not apply to Indian lands. Tribes are subject to federal guidelines in Part 257 (SUPERSEDED: See current Part 258).
 
08/21/1987LISTING MUNICIPAL LANDFILLS ON THE NPLMemo
 Description: Nothing precludes a closed municipal solid waste landfill from being placed on CERCLA NPL even if EPA cannot document that the landfill received hazardous waste in the past.
 
07/02/1987INCINERATOR NOT CONSIDERED TOTALLY ENCLOSED TREATMENTMemo
 Description: Solid waste incinerators are regulated by states in accordance with general EPA guidelines in 40 CFR Part 240. Hazardous waste regulations do not govern the burning of nonhazardous waste.
 
06/12/1987CLEAN CLOSURE AND DISPOSAL OF AN INCINERATORMemo
 Description: There are three disposal options for incinerators: clean closure and leave on site, clean closure and ship to a Subtitle D facility, and ship to a Subtitle C facility.
 
03/30/1987SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: A native soil foundation does not constitute a liner for the purposes of the 3005(j)(2) waiver. A 264.282 compatibility demonstration applies to both hazardous and nonhazardous waste. Addresses HSWA waste minimization requirements (3002(b)) and the application of sludge to land treatment units. The identification of principal hazardous constituents for land treated wastes must include all constituents that may enter the waste stream. A land treatment unit performance evaluation must include the unit’s ability to treat and degrade organic constituents, as well as its ability to immobilize heavy metals. Provides guidance on the frequency of soil pore liquid sampling at land treatment units (unsaturated zone monitoring) and guidance on screening groundwater monitoring wells. QA/QC methodology at a land treatment unit should include verification of the organic constituent analysis by gas chromatography/mass spectroscopy (GC/MS). Includes guidance on the content of construction quality assurance plans. A person who conducts quality assurance measures for surface impoundments, waste piles, and landfills should be independent of the construction contractor. Discusses the use of Method 9090 for compatibility testing of liner materials with waste or leachate. All man-made materials that contact waste or leachate should be subjected to the immersion test portion of 9090. A sample of waste or leachate used in compatibility testing must be representative of the actual waste or leachate managed in the surface impoundment, waste pile, or landfill. A concrete pad cannot be equivalent protection. If the design slope of a final landfill cover exceeds 3-5%, the applicant must demonstrate that soil erosion will not be excessive and may need to perform a slope stability analysis. Waste and soil settlement must be included in calculations for the final landfill cover design to be substituted for a waste pile liner as equivalent protection under 3015(a). A flexible membrane liner should not be used in a final cover when the landfill is unusually deep and slopes are steep. Clean, not contaminated, soil should be used for the final cover. A leachate collection system design should be based on realistic infiltration rates. Geogrid and geotextile materials used in place of conventional drainage materials for a landfill must have an equivalent drainage capacity of a one-foot layer of compacted sand. Berms constructed of manufactured slag should not contain hazardous constituents. For landfills, the use of a composite primary liner below the primary synthetic liner is allowable. An owner of a land treatment unit who cannot establish vegetative cover may use an alternate closure procedure. A facility cannot extend closure in order to receive nonhazardous waste (SUPERSEDED: see current 264.113(d)). Addresses the role of the Agency for Toxic Substances and Disease Registry (ATSDR) in exposure information and evaluation. The review of Exposure Information Reports should be coordinated with ongoing RCRA Facility Assessments.
 
03/01/1987SUBTITLE D SURVEYQuestion & Answer
 Description: EPA can use RCRA 3007 to obtain information from Subtitle D facilities that are using the statutory definition of hazardous waste in 1004(5).
 
12/22/1986PROPOSAL OF UNREGULATED DIOXIN WASTESMemo
 Description: Incineration is an appropriate management method for nonhazardous dioxin wastes (wastes that are not characteristic and are not covered by F-listings).
 
11/03/1986FLOATING PLASTIC BALLS USED TO CONTROL VAPORS FROM TANKS CONTAINING LISTED PRODUCTMemo
 Description: Floating hollow plastic balls used to control vapors from industrial process tanks containing product carbon disulfide are hazardous wastes, since carbon disulfide is listed as P022. Cleaning may render the balls nonhazardous.
 
09/12/1986WOOD TREATMENT CYLINDER CREOSOTE SUMPSMemo
 Description: A sump collecting nonhazardous creosote from drips, leaks, or spills from wood treatment operations may be considered a solid waste management unit (SWMU) (SEE ALSO: 55 FR 50450; 12/6/90, F034 listing in 261.31, 264 Subpart W, 265 Subpart W, and 55 FR 30798; 7/27/90).
 
09/05/1986SURFACE IMPOUNDMENT RECEIVING NON-HAZARDOUS WASTE AFTER HAZARDOUS WASTE W/O RETROFITTINGMemo
 Description: The HSWA and the legislative history do not state whether surface impoundments may receive nonhazardous waste after the final receipt of hazardous waste, EPA’s decision found in a 5/2/86 rule (SUPERSEDED: see 264.113(d), 265.113(d), and 54 FR 33376; 8/14/89).
 
09/01/1986HAZARDOUS WASTES LISTED SOLELY FOR SUBPART C CHARACTERISTICSQuestion & Answer
 Description: A nonhazardous waste mixed with a waste listed solely for a characteristic is not regulated if the mixture no longer exhibits the characteristic. Such a mixture need not be delisted. A waste listed solely for a characteristic that does not exhibit the characteristic as generated is subject to delisting (SEE ALSO: 66 FR 27266; 5/16/01).
 
07/16/1986MINING WASTE REGULATED UNDER SUBTITLE D RATHER THAN SUBTITLE CMemo
 Description: The regulation of mining waste under Subtitle C is not warranted. EPA planned to develop Subtitle D criteria for mining wastes excluded under the Bevill exemption for mining and mineral processing wastes (SEE ALSO: current 261.4(b)(7)).
 
06/27/1986MUNICIPAL WASTE INCINERATOR ASH MANAGEMENTMemo
 Description: Municipal waste combustion (MWC) ash may exhibit a hazardous waste characteristic and, therefore, be subject to Subtitle C. Residues that do not exhibit a characteristic may be disposed of in a Subtitle D landfill (SEE ALSO: RPC# 3/22/95-01, 59 FR 29372; 6/7/94, 60 FR 6666; 2/3/95 and RPC# 10/1/94-02).
 
05/01/1986TREATMENT WITHOUT A PERMITQuestion & Answer
 Description: Dilution is treatment, but the treatment in an accumulation tank or container under section 262.34 does not require a permit (SEE ALSO: 268.3, 268.7(a)(4)). A characteristic waste treated so it no longer exhibits a characteristic can be disposed of in a Subtitle D landfill (SEE ALSO: 268.9).
 
04/27/1986BAN ON USE OF LIQUIDS IN LANDFILLSMemo
 Description: Contact runoff from the active portion of landfill is a liquid hazardous waste because it is mixed with hazardous leachate (SEE ALSO: 61 FR 18779; 4/29/96). The placement of nonhazardous liquids on a landfill to meet requirements such as wind dispersal or dust suppression are not prohibited (3004(c)(3)).
 
04/21/1986LIQUIDS FOR WIND DISPERSAL CONTROL AT HAZARDOUS WASTE LANDFILLS, USE OFMemo
 Description: Nonhazardous liquids used for wind dispersal control at hazardous waste landfills are not subject to the section 3004(c)(3) liquid restrictions. The liquid restrictions cover treatment, storage, and disposal, not the use of a nonhazardous liquid for compliance with the technical requirements (SEE ALSO: current 264.301, 265.301).
 
04/11/1986PERMITTING REQUIREMENTS FOR A PCB INCINERATORMemo
 Description: A RCRA permit is not required for the storage and incineration of nonhazardous PCBs. A TSCA incinerator must obtain a RCRA permit prior to the management of hazardous waste, not necessarily prior to the construction. A facility may use TSCA burn data in lieu of a RCRA trial burn.
 
03/06/1986GASEOUS EMISSIONS FROM LANDFILLSMemo
 Description: the EPA has authority under RCRA sections 3004(n) and 4004(a), and CAA to regulate gaseous emissions for hazardous and nonhazardous waste landfills (refer to CAA regulations for additional information).
 
11/20/1985MIXTURES OF SOLID WASTE AND A WASTE LISTED SOLELY BECAUSE IT EXHIBITS A CHARACTERISTICMemo
 Description: Mixtures of solid waste and waste listed solely for a characteristic are hazardous if characteristic under the section 261.3(a)(2)(iii) mixture rule exemption, these mixtures are nonhazardous if they are not characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). This exemption only applies to mixtures.
 
09/19/1985BULKING AND CONSOLIDATING SHIPMENTS OF COMPATIBLE WASTES WITH DIFFERENT HAZARDOUS CODESMemo
 Description: Consolidating wastes with different DOT descriptions at transfer facilities is not treatment if it does not render the waste nonhazardous. Consolidating wastes of different DOT description requires a new manifest. Transporters can repackage waste from one container to another.
 
09/01/1985NON-HAZARDOUS LIQUIDS BANQuestion & Answer
 Description: The ban on nonhazardous liquids in landfills applies to any waste that is liquid or contains free liquids as determined by the paint filter liquids test (Method 9095). Nonhazardous liquid solidified with absorbents can be land disposed if no free liquids (SUPERSEDED: See 264.314, 265.314).
 
07/10/1985REVISED DEFINITION OF SOLID WASTE PURSUANT TO HSWAMemo
 Description: Carbon regeneration facilities storing carbon before recycling need a permit for storage if they are an incinerator. If they are not an incinerator, they are exempt (may be BIF). Drum recyclers handling empty containers do not need a storage permit. The storage of non-empty containers would require at least a permit for hazardous waste storage. Spent activated charcoal or carbon is usually a spent material. If for pollution control, it would be a sludge. Carbon is hazardous waste (HW) if it contains a listed waste (contained-in policy) or exhibits a characteristic(SEE ALSO: 66 FR 27266; 5/16/01). Carbon is unlikely to exhibit a characteristic. Generators storing HW spent activated carbon are subject to accumulation time regulations. A closed municipal solid waste landfill (MSWLF) suspected of holding HW is subject to corrective action if the facility requires a permit or interim status and is subject to CERCLA.
 
05/09/1985HAZARDOUS WASTE RECYCLING REGULATIONSMemo
 Description: Hazardous waste (HW) recycling regulations do not apply to materials (such as nonhazardous scrap, paper, textiles, or rubber) that are not otherwise HW and that are recycled. EPA's approach for regulating certain secondary materials being recycled (or held for recycling) is consistent with Congressional intent.
 
05/01/1985MANIFEST USE AND STATE AUTHORIZATIONQuestion & Answer
 Description: The generator State or designated State determines manifest requirements. A waste that is nonhazardous in both the initiating and the receiving state and is transported through a state where it is hazardous does not need a manifest. Either the generator State or the designated State can require manifesting.
 
04/29/1985PURPOSE OF DELISING PROVISIONSMemo
 Description: Most wastes are listed because of toxic constituents. The presence of constituents for which a waste is listed is not the sole criterion for delisting. Hazardous waste (HW) mixed with nonhazardous waste is hazardous. Dilution of HW with nonhazardous diluent generally is not a reasonable treatment option (SEE ALSO: 268.3).
 
03/21/1985REGULATORY STATUS OF SCRAP METALMemo
 Description: It is within EPA's jurisdiction, and consistent with Congressional intent, to regulate materials being recycled or held for recycling as solid waste (SW) and hazardous waste (HW). EPA does not regulate hazardous scrap metal being reclaimed (until further study). EPA's authority to regulate recycled materials is limited to materials that are hazardous (i.e., that are listed or characteristic). Definition of SW rules do not apply to nonhazardous materials (e.g., nonhazardous scrap, paper, textiles, and rubber).
 
02/13/1985REGULATORY STATUS OF SCRAP METAL THAT IS SENT FOR RECYCLINGMemo
 Description: EPA has the legal authority to regulate recycled scrap metal. Scrap metal is a solid waste but, pending further study, is exempt when sent for reclamation (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal). Nonhazardous scrap metal is not subject to Subtitle C regulation.
 
01/22/1985NONHAZARDOUS LIQUID WASTEWATERS AND SLUDGES IN SANITARY LF UNDER RCRA AND HSWA, DISPOSAL OFMemo
 Description: There are no federal regulatory provisions on the disposal of bulk or containerized nonhazardous liquid wastes in a nonhazardous solid waste landfill or a municipal solid waste waste landfill (MSWLF). Disposal of nonhazardous liquid waste in hazardous waste landfills is prohibited (SUPERSEDED: see 56 FR 50978; 10/9/91).
 
01/18/1985ACCEPTABLE LEVELS OF RESIDUAL CONTAMINANTS IN THE EPA INCINERATOR RESIDUESMemo
 Description: Provides conservative concentration-based levels for 20 toxic constituents beneath which dioxin-bearing ash would not present substantial hazard to human health or the environment when managed at nonhazardous waste facilities. Discussion of necessary delisting for incinerator trial burn dioxin residues (SEE ALSO: F020-F023, F026-F028) (SEE ALSO: RPC# 4/1/85-08).
 
11/14/1984LEACHATE AND PRECIPITATION RUN-OFF AT LFS, WASTE PILES, AND LT UNITS, HAZARDOUS WASTE FROM MIXTURE OFMemo
 Description: Precipitation run-off (PRO) is not presumed to be a hazardous waste. Mixtures of hazardous waste leachate and PRO are hazardous. PRO from active portions of landfills/waste piles is presumed to be hazardous due to mixing with the leachate. PRO from closed portions of landfills is presumed to be nonhazardous. PRO from land-treatment units is presumed to be nonhazardous. PRO is a liquid which flows over and quickly off the land. PRO is excluded from the derived-from rule. PRO is hazardous if it exhibits a characteristic or is mixed with a hazardous waste. Leachate refers to liquid that has made significant contact with hazardous waste. Leachate from a characteristic waste is presumed hazardous until it is shown not to be hazardous. Under the mixture rule, waste mixtures containing a characteristic waste are like other solid waste and are hazardous if they exhibit a characteristic.
 
09/18/1984CLOSURE PLAN COMMENTS/ISSUES (CRUCIBLE STEEL)Memo
 Description: The requirement for a final cover at the closure of a landfill should not be delayed to allow continued disposal of nonhazardous waste. A delay of closure must be related to the need for extra time to complete closure activities or to a transfer of the operation to new parties (SUPERSEDED: see current 265.113(d)). A landfill’s final cover may be covered by nonhazardous waste only if it is necessary to the proposed use of the property and if it will not increase potential hazards.
 
01/01/1984CIRCUMSTANCES FOR OBTAINING INTERIM STATUS FOR UNITS AT AN INTERIM STATUS FACILITYQuestion & Answer
 Description: A surface impoundment storing nonhazardous waste on 8/18/80, may still qualify for interim status if the owner or operator retests the waste after 11/19/80, and discovers the waste is hazardous. An impoundment meets the intent of “existing portion” and does not need a liner.
 
10/21/1983LEACHATE FROM A MUNICIPAL LANDFILL, REGULATION OFMemo
 Description: Leachate from municipal landfills must be handled as hazardous if it is characteristic. The landfill is the generator of the waste. Nonhazardous leachate can be recycled into the landfill. Hazardous leachate must go to a TSDF or POTW unless the landfill is an exempt small quantity generator (SUPERSEDED: for landfill leachate recirculation, see 258.28) (SEE ALSO: 261.31 (F039 listing), 261.5, 262.34).
 
01/01/1983REGULATORY STATUS OF UNIT AND WASTE IF NONHAZARDOUS WASTE BECOMES REACTIVE WHEN DEWATEREDQuestion & Answer
 Description: Nonhazardous wastewater that becomes reactive (D003) when it is dewatered may cause a surface impoundment to be subject to regulation unless the waste is immediately removed.
 
09/01/1982COMPLIANCE PERIODQuestion & Answer
 Description: The compliance period is the number of years equal to the active life of the waste management area. The active life includes any waste management activity prior to permitting, which includes any period where the unit received nonhazardous solid waste.
 
06/09/1981MIXING RULE DEFINITIONMemo
 Description: Mixtures of listed waste and nonhazardous waste are listed until they are delisted. Mixtures of characteristic waste and nonhazardous waste are not hazardous if they are not characteristic. There is no delisting required (SEE ALSO: 268.3).
 
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