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Hide details for Petroleum Refining WastesPetroleum Refining Wastes
12/01/2007Environmental Fact Sheet: EPA Finalizes Revision to RCRA Hazardous Waste Program to Promote Sustainable Recycling of Oil-Bearing Materials Into FuelPublication
 Description: This fact sheet discusses the revising of the oil-bearing hazardous secondary materials exclusion to allow for the recycling of oil-bearing hazardous secondary materials, such as sludges or other byproducts, generated by the petroleum industry when they are gasified at a petroleum refinery for the production of synthesis gas fuel. Gasification will join distillation, catalytic cracking, and fractionation as recognized petroleum refining processes.
 
08/19/2003REGULATORY STATUS OF OIL-BEARING SECONDARY MATERIALS UNDER RCRAMemo
 Description: Oil-bearing hazardous secondary materials generated from petroleum refining operations that can be legitimately recycled at petroleum refineries are excluded in 40 CFR 261.4(a)(12)(i) (SEE ALSO: 63 FR 42110; 8/6/1998). There is no minimum amount of oil required for the exclusion, but there must be recoverable amounts of hydrocarbons for legitimate recycling to occur. This exclusion applies to oil-bearing hazardous secondary materials, irrespective of whether they are listed or characteristic. Spent petroleum catalysts (K171-K172) may qualify for the exclusion. The exclusion only extends to materials actually inserted into the refinery process. The exclusion applies at the point of generation, even if preprocessing occurs, provided the conditions of the exclusion are met. The point of insertion into the refining process must be consistent with the material being recycled, and the material must be suitable for insertion. Materials may be inserted into the same refinery where they were generated or sent to another refinery. The materials cannot be sent to an intermediate non-refinery facility for processing. There is no limit on the number of transfers of the materials if recycling is legitimate and no speculative accumulation occurs. Processing equipment handling the materials is generally exempt from RCRA, since the material is excluded and the equipment is considered a process unit in 261.4(c). The processing equipment may be subject to RCRA if it contains reclamation residuals and no longer meets the process unit exclusion. The refinery does not need to own the equipment used to process and reclaim residuals to meet the exclusion.
 
05/16/2002REGULATORY STATUS OF VANADIUM-CONTAINING WASTE (SPENT STRETFORD SOLUTION)Memo
 Description: The consent decree in EDF v. Browner, Civ. No. 89-0598 (D.D.C.), required EPA to decide whether or not to list several categories of petroleum refining wastes and to prepare a report on other waste categories. EPA determined that sludges from the Stretford process (which contain vanadium salts), catalysts from sulfur complex and H2S facilities, and vanadium-containing Stretford or Beavon-Stretford solutions do not require listing determinations (SEE ALSO: Listing Background Document for 1992-1996 Petroleum Refining Listing Determination, Study of Selected Petroleum Refining Residuals, and 63 FR 42110; 8/6/98). Hazardous waste listing determinations are wastestream-specific, not constituent-specific. Vanadium does not present sufficient risk to provide a basis for listing. EPA is deferring the use of the persistence, bioaccumulative, and toxic (PBT) criteria for metals in its waste minimization program, since it is working to develop an Agency-wide approach. The Science Advisory Board (SAB) will review the 3MRA model, which estimates the chemical release, fate, exposure and resulting risks to human health and the environment (SEE ALSO: 64 FR 63382; 11/19/99).
 
01/31/2002REUSE OF REGENERATED HYDROPROCESSING CATALYSTSMemo
 Description: EPA listed certain spent hydroprocessing catalysts (i.e., K171 and K172) as hazardous wastes (SEE ALSO: 63 FR 42110; 8/6/98). Prior to reclamation or regeneration, these materials are considered spent listed wastes and are subject to all applicable RCRA requirements. After regeneration, they would be excluded from RCRA if they are reused as effective substitutes for commercial products (i.e., as substitutes for new catalysts). Criterion's enhancement process is used to augment regenerated catalysts that are already viable commercial chemical products (CCPs) and thus, does not constitute further reclamation. State regulations can be more stringent than the federal regulations.
 
07/24/2001RECYCLING OF PETROLEUM VAPORS AND LIQUID CONDENSATE FROM PETROLEUM PRODUCT STORAGE TERMINALSMemo
 Description: Volatile hydrocarbons released from petroleum products, which are absorbed on to carbon-containing filters or vapor recovery units (VRUs) and then returned to the front end of the petroleum refinery to be reused, are not solid wastes. The captured hydrocarbons are considered commercial chemical products being reclaimed, which are excluded from the definition of solid waste, even if they are non-listed commercial chemical products. State regulations may be more stringent than the federal regulations.
 
07/01/2001Environmental Fact Sheet: Opportunity for Comment on Regulatory Status of Spent Catalyst WastesPublication
 Description: This fact sheet describes how the Environmental Protection Agency (EPA) is providing the public an opportunity to comment on Agency memoranda explaining how current RCRA regulations apply to spent catalyst wastes removed from dual purpose hydroprocessing reactors at petroleum refineries. The regulations addressed in these memoranda were promulgated under the Resource Conservation and Recovery Act (RCRA) on August 6, 1998 (63 FR 42110) and among other things, listed spent hydrotreating catalysts (K171) and spent hydrorefining catalysts (K172) as hazardous wastes.
 
05/02/2001RECYCLED ARCTIC GRADE DIESELMemo
 Description: Diesel oil hydrocarbons generated at exploration and production sites, where these hydrocarbons are returned to the petroleum refining process, are excluded from the definition of solid waste pursuant to 261.4(a)(12)(ii). This exclusion does not apply to recovered oils that are managed on the land, nor those that are speculatively accumulated before being recycled back into the refining process. Spills and other discarded diesel that are not recovered and returned to a refinery would not be excluded under this provision.
 
07/18/2000REQUEST FOR CONCURRENCE; OIL-BEARING HAZARDOUS SECONDARY MATERIALS EXCLUSIONMemo
 Description: 261.4(a)(12) exclusion applies to oil-bearing secondary materials generated by wastewater treatment system owned and operated by third party as long as third party accepts and manages only wastewaters generated at petroleum refinery facilities and returns the oil-bearing secondary materials to a petroleum refinery (SIC 2911) for insertion in the refining process (SEE ALSO: 63 FR 42110; 8/6/98).
 
06/01/2000REQUEST FOR CLARIFICATION OF ISSUES RAISED BY EPA'S NOVEMBER 29, 1999 MEMO ON THE "PETROLEUM REFINERY RESIDUAL LISTINGS/ SOLID WASTE DEFINITION EXCLUSION RULE" (63 FR 42110, AUGUST 6, 1998)Memo
 Description: Spent catalysts from petroleum hydroprocessors performing treating function are listed hazardous waste (K171). EPA does not consider spent catalysts from petroleum hydroprocessing reactors to be a listed hazardous waste solely because some incidental and minimal amount of hydrotreatment occurs in hydrocracking reactors. EPA reserves right to conduct listing determination on spent hydrocracking catalyst in the future. Spent hydrocracking catalyst are subject to hazardous waste characteristic determination (SEE ALSO: 66 FR 35379; 7/5/01).
 
06/01/2000REQUEST FOR CLARIFICATION, SPENT CATALYSTS FROM MOTIVA ENTERPRISES LLC, CONVENT REFINERY H-OIL UNITMemo
 Description: Spent catalysts from dual purpose petroleum hydroprocessor performing substantial hydrotreating function are listed hazardous wastes (K171) (SEE ALSO: RPC# 11/29/99-01).
 
06/01/2000SPENT CATALYSTS FROM PETROLEUM REFINING DUAL PROCESS REACTORSMemo
 Description: Spent catalysts from dual purpose petroleum hydroprocessor performing substantial hydrotreating function are listed hazardous wastes (K171 or K172). Listing does not apply to spent catalysts solely because some incidental and minimal amount of hydrotreatment occurs in unit. Spent hydrocracking catalyst are subject to hazardous waste characteristic determination (SEE ALSO: RPC# 11/29/99-01).
 
11/29/1999SPENT CATALYSTS FROM PETROLEUM REFINING DUAL PROCESS UNITSMemo
 Description: Spent catalysts from petroleum hydroprocessors performing hydrotreating or hydrorefining operations are captured by the K171 and K172 listings, regardless of whether hydrocracking also occurs in a dual purpose unit. EPA differentiates between hydrocracking and the other two petroleum hydroprocessing operations by relying upon the definitions of these processes in DOE’s Petroleum Supply Annual (PSA) (SEE ALSO: 66 FR 35379; 7/5/01).
 
10/28/1999SPENT CATALYSTS FROM PETROLEUM REFINING HYDROCRACKING PROCESSESMemo
 Description: EPA made no formal listing determination for spent hydrocracking catalysts generated by petroleum refineries. Agency listed spent hydrotreating catalysts (K171) and spent hydrorefining catalyst (K172). No action regarding a listing determination is not the same as “no list” determination. Spent hydrocracking catalysts may exhibit characteristics of toxicity or ignitability (SEE ALSO: 63 FR 42110; 8/6/98).
 
07/01/1998Environmental Fact Sheet: Final Standards Promulgated for Petroleum Refining WastePublication
 Description: Announces EPA's final rule to add four new hazardous waste codes for petroleum refining wastes to its current list of hazardous waste codes. Finalizes treatment standards under LDR for these wastes. Also promulgates several exclusions related to the petroleum refining industry.
 
06/01/1998Petroleum Refining Waste Listing Determination Notice of Data Availability (NODA) Response to Comment Document; Part IPublication
 Description: This document responds to public comments relevant to several Federal Register notices announcing data availability for the proposed listing determination for petroleum refining process wastes.
 
06/01/1998Petroleum Refining Waste Listing Determination Notice of Data Availability (NODA) Response to Comment Document; Part IIPublication
 Description: This document responds to public comments relevant to several Federal Register notices announcing data availability for the proposed listing determination for petroleum refining process wastes.
 
06/01/1998Petroleum Refining Waste Listing Determination Proposed Rule Response to Comment Document; Part IPublication
 Description: This document responds to public comments received on EPA's proposal to add several petroleum refining wastes to the RCRA list of regulated hazardous waste and not to list other petroleum refining operation wastes. Specifically, this part responds to general public comments received on EPA's proposal not to list eleven residuals of petroleum refining process operations and addresses hazardous oil-bearing residuals returned to refinery processes.
 
06/01/1998Petroleum Refining Waste Listing Determination Proposed Rule Response to Comment Document; Part IIPublication
 Description: This document responds to public comments received on EPA's proposal to add several petroleum refining wastes to the RCRA list of regulated hazardous waste and not to list other petroleum refining operation wastes. Specifically, this part responds to public comments relevant to health and risk assessment issues.
 
06/01/1998Petroleum Refining Waste Listing Determination Proposed Rule Response to Comment Document; Part IIIPublication
 Description: This document responds to public comments received on EPA's proposal to add several petroleum refining wastes to the RCRA list of regulated hazardous waste and not to list other petroleum refining operation wastes. Specifically, this part responds to public comments relevant to residual specific issues, such as sediments, sludges, and catalysts.
 
06/01/1998Petroleum Refining Waste Listing Determination Proposed Rule Response to Comment Document; Part IVPublication
 Description: This document responds to public comments received on EPA's proposal to add several petroleum refining wastes to the RCRA list of regulated hazardous waste and not to list other petroleum refining operation wastes. Specifically, this part responds to public comments relating to options for conditional exemptions, idled units, third party regeneration of spent catalysts, headworks exemption, waste minimization, LDR, LDR capacity determinations, environmental justice, CERCLA designation, economic alalysis and miscellaneous topics.
 
06/01/1998Petroleum Refining Waste Listing Determination: Additional Groundwater Pathway Risk Analysis; Supplemental Background DocumentPublication
 Description: This document describes the groundwater pathway analyses performed to support the petroleum refining listing determination. The analyses were designed to determine the potential exposure, via the groundwater pathway, to human receptors from petroleum refining wastes, being managed and/or disposed in land management units. The exposure is expressed in terms of the contaminant concentration at a groundwater extraction well located down-gradient from the wastemanagement unit.
 
04/15/1998PETROLEUM REFINERY TANKS AS WASTEWATER TREATMENT UNITSMemo
 Description: Petroleum refinery tank storing sludges destined for recovery in on-site coker may meet wastewater treatment unit (WWTU) definition. EPA did not conclude in proposed petroleum refining exclusion rule that in all cases units between wastewater treatment system and petroleum coker are regulated under RCRA in the absence of the exclusion (SEE ALSO: 60 FR 57747; 11/20/95; 63 FR 42110; 8/6/98).
 
10/01/1997REEXAMINATION OF PROPOSED EXCLUSION FOR OIL-BEARING RESIDUALSMemo
 Description: EPA proposed to broaden the recovered oil exclusion to include all oil-bearing hazardous wastes inserted into the refining process (60 FR 57747; 11/20/95). EPA did not intend to create a loophole from hazardous waste status for residual materials left over from the recycling process (e.g., residuals generated from deoiling excluded sludges that are not themselves reinserted into the refinery) (SEE ALSO: 63 FR 42110; 8/6/98, and new F037 listing).
 
05/01/1997APPLICABILITY OF K052 WASTE CODE TO PIPELINE TERMINALSQuestion & Answer
 Description: The K052 listing is limited to leaded tank bottoms generated at petroleum refineries. Leaded tank bottoms generated at pipeline terminals that are not directly part of a refinery do not meet the K052 listing, and are only hazardous wastes if characteristic.
 
08/01/1996Study of Selected Petroleum Refining Residuals: Industry StudyPublication
 Description: The document describes EPA's approach to conducting the industry study required by the EDF/EPA consent decree and characterizes the study residuals and how they are managed. The report includes a discussion of the concentration of toxic constituents in each waste, the volume of each waste generated, and the management practices for each waste (including plausible mismanagement practices).
 
10/01/1995Environmental Fact Sheet: EPA Will List 3 of 14 Residuals from Petroleum Refining ProcessesPublication
 Description: This fact sheet outlines the requirement for EPA to make a listing determination on 14 specified wastes from petroleum refining operations. The results of EPA's initial data collection effort concluded with a proposal to identify 3 of the 14 residuals as listed hazardous wastes.
 
05/25/1995ARE TANK BOTTOMS REMOVED FROM TANKS CONTAINING ONLY NAPHTHA DEEMED TO BE K052 HAZARDOUS WASTE?Memo
 Description: K052 is limited to tank bottoms generated at or as part of a petroleum refinery from tanks used to store leaded gasoline or leaded blending fractions. The listing applies regardless of whether the waste exhibits a characteristic. Because naptha is an unleaded petroleum fraction, tank bottoms from naptha storage at a refinery are not K052.
 
05/25/1995REGULATORY STATUS OF A GASIFICATION UNIT PROPOSED BY TEXACO TO BE BUILT IN EL DORADO, KANSASMemo
 Description: Syngas fuel from a gasification unit at a Kansas petroleum refinery is derived from F037, K022, and K051, but is exempt fuel from refining oil-bearing hazardous waste during normal refinery operations per 261.6(a)(3)(iv) (SUPERSEDED: exemption moved to 261.6(a)(3)(iii)). The gasification unit is an exempt recycling unit. No storage permit is needed for listed feedstocks prior to recycling if the generator accumulation limit is not exceeded. This interpretation does not apply to all gasification units.
 
05/03/1995CLARIFICATION AND/OR RECONSIDERATION OF CERTAIN PROVISIONS CONTAINED IN EPA'S FINAL RULE ON RECOVERED OILMemo
 Description: The exclusion for recovered oil from normal petroleum refinery operations inserted into the process prior to catalytic cracking is discussed (SUPERSEDED: exclusion applies to insertion at points other than catalytic cracking, See 61 FR 13103; 3/26/96). The application of the exclusion to refineries and petrochemical facilities that share a wastewater treatment system is outlined (SEE ALSO: 261.4(a)(18)). The exclusion covers oil recovered from off-site petroleum industry activities associated with the exploration, production, and transportation when returned to a refinery. EPA is investigating how to regulate cokers that receive hazardous waste (SEE ALSO: 63 FR 42110; 8/6/98).
 
04/20/1995REGULATORY REQUIREMENTS FOR TANKS, VEHICLES, VESSELS, PROCESS OR MANUFACTURING UNITS, OR PIPELINES WHICH HAVE BEEN SHUT DOWNMemo
 Description: Waste generated in a manufacturing process unit may remain in the unit for up to 90 days after the unit has been shut down, and may be stored for an additional 90 days in generator accumulation units. EPA headquarters policy does not address whether K050 waste is generated only through the actual cleaning of heat exchanger bundles, or if the regulated K050 waste is created when sludges remains in a shut-down exchanger for more than 90 days or when they are discarded along with an uncleaned bundle.
 
11/01/1994DELISTING PETITIONS FOR HAZARDOUS WASTES FROM THE PETROLEUM INDUSTRYQuestion & Answer
 Description: Discusses the history of the “petroleum list” and the “Skinner List” used in delisting hazardous wastes from petroleum industry. Due to generator-specific nature of delisting, other constituents may need to be addressed.
 
06/09/1994TRANSPORTATION OF USED OIL TO LOCATIONS WHERE USED OIL CAN BE MIXED WITH CRUDE OILMemo
 Description: Used oil can be transported to sites where it can be mixed with crude oil (e.g., crude oil pipelines, exploration and production facilities, petroleum refineries, and aggregation points). Refineries receiving off-site used oil are subject to the processor rules until the used oil enters the refining process. An oil and gas exploration and production or refining facility may transport used oil to their aggregation points. The transporter and transfer facility rules apply to used oil transported off-site to a pipeline or to an oil and gas exploration and production facility until it is mixed with crude oil and qualifies for the 279.10(g)(2) exemption.
 
06/03/1994DEFINITION OF RCRA WASTE K050Memo
 Description: A sludge from a double-pipe heat exchange unit is not K050. Inside the tube of a double-pipe unit is not a bundle. A sludge may exhibit the toxicity characteristic for benzene and other heavy organics.
 
02/01/1994K052: BOTTOMS FROM TANKS STORING LEADED GASOLINE AT PETROLEUM REFINERIESQuestion & Answer
 Description: The K052 listing applies only to bottoms from tanks storing leaded gasoline at petroleum refineries. The listing does not apply to bottoms from refinery tanks storing other petroleum fractions.
 
11/01/1993REGULATORY STATUS OF A DISSOLVED AIR FLOATATION FLOAT STORAGE TANK USED TO FEED MATERIAL INTO A PETROLEUM COKERMemo
 Description: A Dissolved Air Flotation (DAF) float that is inserted into a petroleum coker is a solid and hazardous waste (SEE ALSO: Section 261.4(a)(12)). A DAF float feed tank may be an exempt wastewater treatment unit (WWTU) provided it meets the criteria listed in Section 260.10.
 
03/05/1993RECYCLING PETROLEUM REFINERY OILY WASTES; REGULATORY STATUS OF SEPARATION AND RECOVERY SYSTEMS SAREX PROCESS FOR RECYCLING PETROLEUM REFINERY OILY WASTESMemo
 Description: Effluent from a petroleum recovery process that accepts hazardous waste K048-K051 returned to a wastewater treatment system is not derived from listed waste if it is chemically equivalent to non-listed influent (SEE ALSO: RPC# 8/23/85-01). The closed-loop exemption does not apply to oil being returned to a refinery where it will be used as a fuel. The closed-loop exemption does not apply to reclaimed material that will be used to produce a fuel or produce a product that will be applied to the land.
 
06/15/1992Environmental Fact Sheet: Treatment Standards Finalized for 20 Newly Listed Hazardous Wastes and Hazardous DebrisPublication
 Description: This fact sheet announces land disposal restriction (LDR) rules for 20 newly listed hazardous wastes. Wastes include recent petroleum refining wastes (F037 and F038), wastes from unsymmetrical dimethylhydrazine (K107-K110), wastes from dinitrotoluene and toluenediamine (K111 and K112), wastes from ethylene dibromide (K117, K118, and K136), wastes from ethylenebisdithiocarbamic acid (K123-K126), wastes from methyl bromide (K131 and K132), and additional organic U wastes (U328, U353, and U359). The fact also describes additional components of the LDR rules, including regulations for hazardous debris and containment buildings.
 
07/31/1991TC RULE HAZARDOUS WASTE DETERMINATIONMemo
 Description: Pulp and paper mill wastes should be sampled at an outlet from the bleach plant (point of generation), prior to commingling (mixing) with other wastestreams, to determine whether they exhibit the toxicity characteristic for chloroform (D022). The dilution of characteristic hazardous waste at a pulp and paper mill is acceptable for CWA compliance provided there is no specified method of treatment (58 FR 29860; 5/24/93). The definition of aggressive biological treatment (ABT) units for the purposes of the F037 and F038 listings does not apply to the exemption for biological treatment units from the surface impoundment minimum technical requirements.
 
07/05/1991APPLICABILITY OF THE “MIXTURE” RULE TO PETROLEUM REFINERY WASTEWATER SYSTEMS Memo
 Description: Addresses petroleum wastewater separation sludges. Liquid from which F037 and F038 listed sludge is generated is not itself a listed waste via the mixture rule unless the sludge is mixed with the liquid (e.g., sludge is scoured upon the introduction of the waste to the unit).
 
07/03/1991DRAFT REGION VIII POLICY ON “AGGRESSIVE BIOLOGICAL TREATMENT”Memo
 Description: Sludges formed in aggressive biological treatment (ABT) units are not F037 or F038. Only secondary or tertiary treatment units qualify as ABT units. ABT units receiving or generating toxicity characteristic hazardous waste are subject to all applicable rules. F037/F038 sludges can be formed in ABT units that are not operating properly.
 
05/15/1991Environmental Fact Sheet: EPA Amends Primary Petroleum Sludge ListingPublication
 Description: This fact sheet clarifies the Primary Petroleum Sludge Listing of 1990, which excludes non-contract, one-through cooling waters and floats emanating from F038 units as a result of biological treatment. EPA has requested additional data to determine whether wastes may justify a new listing.
 
04/12/1991NOTIFICATION OF ERRORS IN THE TECHNICAL AMENDMENT TO THE THIRD THIRD LAND DISPOSAL RESTRICTIONS (LDRS), PUBLISHED JANUARY 31, 1991Memo
 Description: Addresses the corrections to the treatment standards for K048, P003, P073, U001, U003, U154 (errata sheet for 58 FR 3877; 1/31/91, Technical Amendment to the Third Third) (SEE ALSO: current 268.40).
 
03/29/1991SHAM INCINERATION AND TREATMENT OF K048-K052 WASTES IN CEMENT KILNS AND INDUSTRIAL FURNACESMemo
 Description: Oil cannot be added to a K048-K052 treatment cake to increase fuel value above sham recycling threshold unless the oil is originally part of waste (SUPERSEDED: see RPC# 11/8/94-01; Section 266.100). All wastes derived from listed wastes are subject to land disposal requirements (LDR) except for certain Bevill residues.
 
02/01/1991PETROLEUM REFINERY WASTEWATER TREATMENT SLUDGE CLASSIFICATIONQuestion & Answer
 Description: Discusses the applicability of the F037 and F038 listings, primary/ secondary separation, and primary/ secondary treatment.
 
01/30/1991STANDARDS FOR AIR PATHWAY FOR METALS AND ORGANIC CHEMICALSMemo
 Description: A land disposal restrictions (LDR) no-migration petition uses a health based level for chromium based on hexavalent chromium. Discusses information on compounds in Appendix VIII or IX, and/or the modified Skinner list relating to no-migration petitions.
 
01/08/1991REGULATION OF OILY HAZARDOUS PETROLEUM REFINERY WASTEMemo
 Description: Fuel produced (and oil reclaimed and used as fuel) from petroleum refining, production, and transportation by processes other than normal refining operations, is eligible for the 261.6(a)(3) exemptions (SEE ALSO: 261.4(a)(12)). Provides a clarification of the petroleum refining process. Certain fuels produced from petroleum refinery wastes that are otherwise exempt under 261.6(a)(3) are hazardous waste and must be burned in BIFs or incinerators if they do not meet the used oil fuel specifications of 266.40(e) (SUPERSEDED: See 279.11).
 
12/21/1990K-WASTE FILTER CAKE IN THE MANUFACTURE OF CEMENTMemo
 Description: K048-K052 filter cake that is used as an ingredient in cement is a solid waste and hazardous waste because it is used to produce a product that is applied to the land. Addresses legitimate recycling (sham recycling) elements. If a waste contains hazardous constituents not found in the raw material, it is not legitimate recycling unless the constituents make the waste function better than the raw material in the manufacturing process.
 
11/15/1990Environmental Fact Sheet: Listing of Wastes from Primary Treatment of Oily WastewatersPublication
 Description: Reports on published list, from May 19, 1980, for hazardous wastes, including five wastes generated from petroleum refining. Under subsequent rulemaking, all oil/water/solid separator sludges and/or floats in primary treatment of oil wastewater from petroleum refining would be regulated under RCRA and Superfund as listed hazardous wastes.
 
10/17/1990PETROLEUM REFINERY SLUDGE REGULATIONSMemo
 Description: Contains EPA’s response to issues raised during the Office of Management and Budget (OMB) review of petroleum refinery sludge final rule listing F037 and F038.
 
09/20/1990PETROLEUM REFINING WASTES AND EXEMPTIONS FOR WWTUSMemo
 Description: INCOMPLETE VERSION IN RCRAONLINE - A tank treating or storing wastewater or a wastewater treatment sludge can be a wastewater treatment unit (WWTU). A tank treating off-site hazardous waste (HW) can be a WWTU if the facility is designated to accept manifested HW. Only tanks and ancillary equipment can be WWTUs. Tank bottoms from fuel storage are CCPs and are not solid waste (SW) when used in fuel. Tank bottoms from refining process units are by-products and are SW when used in fuels. A refinery by-product used in a lubricant is a SW if it is listed (SEE ALSO: 261.4(a)(12) and 261.6(a)(3)).
 
05/01/199040 CFR SECTION 261.4(C): HAZARDOUS WASTES WHICH ARE EXEMPTED FROM CERTAIN REGULATIONSQuestion & Answer
 Description: The exclusion for manufacturing process units, associated non-waste treatment units, or product/raw material storage tanks does not apply to units, such as heat exchangers (K050), that are disassembled and shipped off-site for cleaning.
 
08/02/1989SCOPE OF THE K051 AND K052 LISTINGSMemo
 Description: Sludges generated at bulk terminals are not typically within the scope of K051 and K052 listings (SEE ALSO: F037, F038 in 261.31). If K049, K051, or K052 wastes are shipped to a bulk terminal, wastes derived from their management meet the listings. The discharge of residuals from K049 storage to an oil-water separator could make the resulting sludge listed via the derived-from and mixture rules.
 
03/30/1988SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: Samples taken from turbid groundwater may not be valid. Proper well development requires that wells be clay and silt free. Discusses the use of polyvinyl chloride (PVC) in well construction, the calculation of purge volume, and Part 264, Appendix IX. An accelerated groundwater monitoring schedule can be used to bring a facility into compliance. The maintenance of a groundwater monitoring network may include the redevelopment of a well. Well maintenance should be included as a permit condition. Replacement units (e.g. landfills and surface impoundments) must be retrofitted to meet the minimum technological requirements. If a proposed alternative to a double liner does not meet the requirements of 264.221(c), the location characteristics or operating practices must compensate for the deficiency. A redundant flexible membrane bottom liner may be equivalent to the 3004(o)(5)(B) interim statutory design, thus meeting the 3004(o)(1) minimum technological requirements. Addresses the use of the Hydrologic Evaluation of Landfill Performance (HELP) model v. Moore’s Equation for calculating leachate volume when designing a collection system, the proposed modifications to the cap design to reduce erosion potential, and the use of a test plot to support alternative landfill design cover. A high-density polyethylene liner must be supported by a stable base. An owner of a petroleum refinery undertaking a land treatment demonstration must fully characterize the waste, including addressing the Skinner List constituents in the waste analysis plan. A properly conducted land treatment demonstration should include an evaluation of the waste degradation, transformation, and immobilization, as well as a toxicity study. A land treatment unit cannot accept sludges containing high concentrations of water if the soil moisture conditions cause saturation of the unit. Discusses the selection of principal hazardous constituents for a land treatment unit. An owner of a land treatment unit who has not demonstrated satisfactory treatment of hazardous constituents may need to close the unit. Addresses the presence of a high water table at a land treatment unit and the possible responses. An owner of an existing interim status land treatment unit may be eligible for an immediate full-scale permit if the land treatment demonstration addresses all of the necessary requirements. In states that are authorized for the RCRA base program but not for the HSWA provisions, construction cannot begin at a new facility until both the state and EPA permits are issued. The land disposal restrictions (LDR) program is a self-implementing portion of HSWA, superseding the permit as a shield provision. Permit content should be edited for applicability, importance, clarity, and precision prior to issuance. A minimum detection limit (MDL) can be used to establish background as a groundwater protection standard. Any component required in a RCRA facility investigation (RFI), such as monitoring releases not requiring immediate response, should be included as a permit condition. Monitoring wells installed as part of a HSWA corrective action may be designated as point of compliance wells. Permits containing corrective action conditions for groundwater treatment programs must specify methods of handling groundwater containing hazardous waste and must include pumping and removal requirements. Air stripping may not be an appropriate treatment method for groundwater contaminated with methyl isobutyl ketone. A permit or 3008(h) order should address the air emissions from treatment units such as an air stripper. Includes criteria for the referral of facilities to the Agency for Toxic Substances aND DISEASE REGISTRY (ATSDR) UNDER 3019. Emerging technologies, such as in-situ bio-reclamation, should be demonstrated as effective in pilot-scale field studies prior to approval. 264 Subpart F compliance monitoring standards should be applied to the verification monitoring at solid waste management units (SWMUs) during corrective action. A HSWA corrective action pe
rmit may include a technical feasibility clause discontinuing the program once contaminant levels can no longer be reduced. EPA discourages the approval of a waiver allowing the disposal of nonhazardous waste in a landfill that has lost interim status.
 
07/02/1987INTERPRETATION OF RCRA HAZARDOUS WASTE DEFINITION FOR SLOP OIL EMULSION SOLIDSMemo
 Description: The K049 listing (slop oil emulsion solids) is not limited to skimmings from API separators.
 
05/26/1987PETROLEUM FACILITIES INCLUDED IN THE K051 LISTING FOR API SEPARATOR SLUDGEMemo
 Description: Sludge generated in an API separator at a facility that is not a petroleum refinery is not K051. K051 covers facilities in SIC 2911 that perform the distillation of crude oil and/or unfinished petroleum derivatives.
 
10/20/1986STATE AUTHORIZATION TO REGULATE HAZARDOUS COMPONENTS OF RADIOACTIVE MIXED WASTESMemo
 Description: Until an authorized state is authorized for radioactive mixed waste, handlers of such wastes are not subject to RCRA. Mixed waste is a solid waste for purposes of corrective action. States applying for HSWA corrective action authorization must also get authorized for mixed waste.
 
05/23/1986LIME SLUDGE IMPOUNDMENT SLUDGE, DELISTING OFMemo
 Description: A lime sludge surface impoundment containing K049 and K051 may be subject to permitting and closure requirements even if no waste management occurs based on a Regional interpretation.
 
05/01/1986BY-PRODUCT CRUDE OIL TANK BOTTOMSMemo
 Description: Fuels produced at a refinery from crude oil tank bottoms are not solid wastes. Recyclable materials are hazardous waste that are recycled (SEE ALSO: 261.6(a)(3)(iii)). Crude oil tank bottoms are by-products (SEE ALSO: new K169 listing, added 63 FR 42110; 8/6/98). Tank bottoms being refined into fuel are solid wastes, subject to regulation before recycling (SEE ALSO: 261.4(a)(12)).
 
02/11/1986USED OIL AND OIL BEARING HAZARDOUS WASTE-DERIVED REFINERY PRODUCTSMemo
 Description: Hazardous waste-derived refinery products are exempted by section 261.6(a)(3)(iv) when both hazardous waste and used oil are introduced into the refining process. Such derived products are not used oils. Refinery products derived solely from used oil are not used oils.
 
02/11/1986USED OIL INTRODUCED INTO REFINERY PROCESS UNDER HAZARDOUS WASTE DERIVED REFINERY FUEL PRODUCTS EXEMPTIONMemo
 Description: Hazardous waste-derived refinery products are exempted by section 261.6(a)(3)(iv) when both the hazardous waste and the used oil are introduced into the refining process. Such derived products are not used oils. Refinery products derived solely from used oil are not used oils.
 
08/23/1985PETROLEUM REFINERY WW, MIXTURE AND DERIVED-FROM RULESMemo
 Description: The mixture rule applies to a mixture in a wastewater treatment system of a wastewater and derived-from listed hazardous waste (HW). Dewatering supernatant from listed petroleum wastewater treatment sludge may not be a derived-from HW if it is chemically equivalent to influent refinery wastewater where the sludge is initially generated (SEE ALSO: RPC# 3/5/93-02). Discussion of the point of generation for K048-K052.
 
08/01/1985“SKINNER LIST”Question & Answer
 Description: An explanation of the “Skinner List” (SUPERSEDED: See RPC# 11/1/94-02).
 
07/01/1985K051 AND HSWA; K051 SLUDGE RE-USED ON-SITE, EXEMPTIONQuestion & Answer
 Description: Petroleum coke produced from on-site reuse of K051 is exempt from standards for hazardous waste fuel unless coke product exhibits characteristic per section 3004(q)(2)(A) (SEE ALSO: Section 261.4(a)(12)).
 
03/22/1985REGULATORY STATUS OF WASTE-DERIVED PETROLEUM PRODUCTSMemo
 Description: EPA does not wish to regulate petroleum products whose production involves reintroducing hazardous waste (HW) from refinery back into the refining process (SEE ALSO: 261.6(a)(3)(iv)). EPA will study the issue of oils recovered from refinery HW and returned to refining process (SEE ALSO: 261.4(a)(12)).
 
02/22/1985CLASSIFICATION OF A TANK AS A STORAGE UNIT OR AN OIL RECLAMATION UNITMemo
 Description: Discussion of regulated storage units where incidental reclamation of K048 and K049 takes place versus exempt oil reclamation units. Emulsion storage is subject to regulation before entering and after leaving the reclamation unit. Recovered oil is exempt when introduced into the refining process (SEE ALSO: 261.4(a)(12)).
 
02/22/1985SECONDARY SLUDGES FROM BIOLOGICAL TREATMENT OF REFINERY WASTEWATERSMemo
 Description: K048 does not apply to sludge generated by a dissolved air flotation (DAF) device used in secondary (biological) wastewater treatment systems.
 
12/07/1984OILY WASTEWATER TREATMENT PONDS, PERMITTING COVERAGE OFMemo
 Description: The regulatory status of and options for permitting and managing oily sludges generated in refinery wastewater treatment ponds and surface impoundments is discussed (SUPERSEDED: see 261.31, F037 and F038 listings).
 
12/07/1984OIL/WATER EMULSIONS GENERATED BY PETROLEUM REFINERY WW SYSTEMS-K049 WASTEMemo
 Description: Slop oil emulsion solids (K049) are generated in the first vessel where the emulsion stratifies. Oil reclaimed in slop oil/oil recovery systems is not a hazardous waste (SEE ALSO: 261.4(a)(12)). Emulsion breaking in surface impoundments/earthen devices is considered storage. Non-reclaimed emulsion is a hazardous waste even if it is reclaimable. Storage not directly related to the reclamation process needs a permit.
 
05/01/1984API SEPARATOR SLUDGE, EXCLUSION OF WATER FRACTION FROM K051 LISTINGQuestion & Answer
 Description: The water fraction produced when separating water from API separator sludge is not K051.
 
04/03/1984LAND TREATMENT PERMIT APPLICATIONS - REFINERY WASTE ANALYSES GUIDANCEMemo
 Description: Appendix VIII constituents are to be used for petroleum waste delistings and land treatment unit permit applications. Discussion of the original "Skinner List" (SUPERSEDED: see RPC# 11/1/94-02).
 
04/01/1984API SEPARATOR WASTEWATER AND SLUDGEQuestion & Answer
 Description: Wastewater from an API separator is not hazardous if it is not characteristic. Sludge precipitated from this wastewater in a surface impoundment is K051. Solids from filtering such wastewater are K051. The definition of an API separation system is discussed.
 
04/01/1984EFFLUENT FROM API SEPARATORQuestion & Answer
 Description: Supernatant from an API separator is not K051. Separation is not mixing. EPA is reevaluating its policy on run-off from active portions of hazardous waste management units.
 
06/06/1981K052 LISTING FOR WASTES GENERATED BY PETROLEUM INDUSTRYMemo
 Description: The K052 listing is limited to only those leaded tank bottoms that are generated at or as part of a petroleum refinery. Provides definition of petroleum refinery. Only those tanks that are directly part of a refinery and generate leaded bottoms are listed.
 
11/13/1980REFINERY WASTEWATERMemo
 Description: Non-listed refinery wastewater is hazardous waste if it is mixed with listed refinery waste (K048, K049, K051). The storage of K048 before recycling is regulated.
 
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