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10/10/2014REGULATORY STATUS OF MUNICIPAL WASTE COMBUSTOR BAGHOUSE FILTERSMemo
 Description: Spent baghouse filters which are removed from the air pollution control equipment at a waste-to-energy facility, double bagged to ensure containment, then removed from the baghouse building and directly transferred to the waste feed area and inserted into the combustor are still constructively within the resource recovery facility and thus, would remain excluded from RCRA Subtitle C control. Thus, materials transferred to the waste combustion unit as soon as possible have not left the resource recovery facility and therefore the operator does not have to determine whether the filters become subject to hazardous waste regulations (SEE ALSO: 60 FR 6666; 2/3/95).
 
02/26/2014COMPLIANCE WITH THE STORAGE REQUIREMENTS OF 40 CFR 265.17(A) AND 265.176 FOR IGNITABLE OR REACTIVE HAZARDOUS WASTEMemo
 Description: A large quantity generator (LQG) must comply with both 40 CFR 265.17(a) and Part 265, Subpart I, including the 50 foot boundary requirement for containers holding ignitable and reactive hazardous waste in 265.176. Section 265.176 is taken from the National Fire Protection Association’s (NFPA) Flammable and Combustible Code of 1977 (NFPA 30). If a LQG is able to comply with 265.17(a) but unable to comply with the 50 foot boundary requirement for the accumulation of ignitable and reactive hazardous waste in 265.176, EPA recommends that the generator work with the EPA regional office or state inspector to determine if the local fire department or fire marshal will provide a written waiver from having to comply with the 50 foot boundary requirement.
 
05/14/2013CHECKLIST TO ASSIST IN EVALUATING WHETHER COMMERCIAL CHEMICAL PRODUCTS ARE SOLID AND HAZARDOUS WASTE UNDER THE RESOURCE CONSERVATION AND RECOVERY ACTMemo
 Description: This memorandum transmits a separate revised memorandum that provides guidance and a checklist for evaluating the regulatory status of materials that would, under usual circumstances, be commercial chemical products (CCPs). CCPs are not solid waste if they are appropriately stored or managed for use, legitimately reclaimed, or appropriately stored or managed for legitimate reclamation; CCPs are solid waste if they are abandoned by being accumulated, or by being stored, or treated before, or as a means of, being disposed. The checklist is designed to assist in applying this regulatory structure to specific situations and evaluating whether a particular CCP, managed in a particular way, is a solid waste. If a CCP is a solid waste, it then must be determined if the CCP is listed as a hazardous waste or exhibits a characteristic of hazardous waste. If the CCP is a solid and hazardous waste, it must be managed in compliance with the RCRA Subtitle C hazardous waste management regulations.
 
08/01/2009Hazardous Waste Characteristics: A User-Friendly Reference DocumentPublication
 Description: This web-based document serves as a user-friendly reference to assist EPA and state staff, industrial facilities generating and managing hazardous wastes, and the general public in locating and understanding the current RCRA hazardous waste characteristics regulations, located in 40 CFR Part 261.
 
02/08/2007DOT REGULATIONS REFERENCED IN THE RCRA REGULATIONSMemo
 Description: DOT revised 49 CFR Part 173 (55 FR 52617; December 21, 1990) and changed the citations to the definitions for a flammable compressed gas, an oxidizer, a forbidden explosive, a Class A explosive, and a Class B explosive, which are referenced in the ignitability and reactivity characteristics. EPA has addressed this issue for the ignitability characteristic in the July 14, 2006, Federal Register (71 FR 40254) and plans to address this issue for the reactivity characteristic in the future. All eight reactivity criteria remain in effect. The definition of an oxidizer published in 1980 in Title 49 of the CFR should not be used unless it is cited in RCRA in identifying a waste as hazardous.
 
04/08/2005HAZARDOUS WASTE CHARACTERISTICS SCOPING STUDYMemo
 Description: The Hazardous Waste Characteristics Scoping Study reviewed the effectiveness of the RCRA regulations in identifying waste that warrants regulation, tried to identify whether other waste properties should also be used to classify waste as hazardous, or whether the current hazardous characteristics should be expanded in any way. The Agency is conducting follow-up studies on possible risks as a result of releases from waste to air, potential updates to how the agency measures characteristics, and refinements to how potential of hazardous constituents to leach from waste materials is measured.
 
07/21/2004SPENT SULFURIC ACID USED AS FEEDSTOCKMemo
 Description: Spent sulfuric acid used to produce virgin sulfuric acid is not a solid waste. The exclusion does not apply if spent sulfuric acid is accumulated speculatively. The general range of the concentration of spent sulfuric acid is 5-100%.
 
06/01/2004REQUIREMENTS FOR CHARACTERISTIC SLUDGE REMOVED FROM A WASTEWATER TREATMENT UNITMemo
 Description: A treatment sludge from characteristic wastewaters in a WWTU must be managed as hazardous once it is removed from tank if it exhibits a characteristic. Such waste is subject to on-site storage, transportation, and LDR requirements. If a nonwastewater sludge does not exhibit a characteristic it is not subject to Subtitle C, but LDR may still apply. Treatment of a wastewater that results in a change to nonwastewater may be a change in treatability group and a new point of generation. If there has been a change in treatability group and the waste is no longer characteristic, LDR requirements do not apply.
 
04/12/2004POLICY ON THE MANAGEMENT OF RINSATE FROM EMPTY CONTAINERSMemo
 Description: Even though rinse water from an “empty” container may be non-hazardous, 261.7 does not exempt rinse water because rinse water is not a waste “remaining in” an “empty” container. When residue is removed from an empty container the residue is subject to full regulation under Subtitle C if the removal or subsequent management of it generates a new hazardous waste exhibiting any characteristics identified in Part 261, Subpart C. Rinsing an “empty” container with an agent containing solvent that would be listed when discarded would cause rinsate from an “empty” container to be listed due to the nature of the rinsing agent, not the nature of the waste being rinsed from the “empty” container.
 
04/01/2004INTERSTATE SHIPMENTS OF WASTE LISTED SOLELY FOR IGNITABILITY, CORROSIVITY, OR REACTIVITYMemo
 Description: A transporter must have an EPA ID number, a manfiest, and comply with Part 263 if traveling through any state that recognizes the waste as hazardous. A TSDF is subject to the standards of the state where it is located.
 
01/20/2004SEMI-VOLATILE CONSTITUENT ANALYSIS AND ANALYTICAL LEVEL OF DETECTION LIMITATIONS OF THE TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)Memo
 Description: A generator may use process knowledge regarding how a waste is generated and scientific knowledge regarding chemical reactions to identify the constituents of concern for analysis. It is not necessary to test for all TCLP consitituents if the waste is determined to be nonhazardous using process knowledge. If a waste is 100% solid as defined by TCLP method 1311, the results of the total constituent analysis may be divided by twenty to convert the total results into the maximum leachable concentration. If it is a filterable liquid, then the concentration of each analyte phase must be determined.
 
01/06/2004WOOD MULCH DERIVED FROM WASTE LUMBER PRESERVED WITH CHROMATED COPPER ARSENATE (CCA)Memo
 Description: Discarded arsenical-treated wood or wood products that are utilized for their intended end use and are only hazardous for waste codes D004 through D017 are excluded from RCRA regulation in 261.4(b)(9). Intended end uses of arsenical-treated wood products, including CCA-treated wood, are as building materials. CCA-treated wood used to produce wood mulch is not the materials' intended end use. Therefore, wood mulch produced from CCA-treated wood is not excluded in 261.4(b)(9). The Consumer Awareness Program (CAP) and the Consumer Safety Information Sheet for Inorganic Arsenical Pressure-Treated Wood discourage the use of CCA-treated wood as mulch.
 
12/16/2003HAZARDOUS WASTE CHARACTERISTICS SCOPING STUDYMemo
 Description: The Hazardous Waste Characteristics Scoping Study reviewed the current hazardous waste (HW) characteristics that address the properties of ignitability, corrosivity, reactivity, and toxicity. The study examined the effectiveness of the regulations in identifying HW, whether other waste properties should be used to classify HW, and whether HW characteristics should be expanded. The study found that most nonhazardous waste is managed appropriately when disposed. The study identified the need for investigations on the risk of waste releases to air, on the potential for hazardous constituents to leach from waste, and on the measurement of ignitability, corrosivity, and reactivity. The air studies found no need for additional regulation. Other investigations are underway.
 
10/23/2003TREATMENT STANDARDS FOR MERCURY-CONTAINING DEBRISMemo
 Description: D009 mercury wastes have LDR treatment standards for low mercury and high mercury-inorganic subcategories. LDR treatment standards include specified technologies such as RMERC, commonly called retorting. Macroencapsulation and microencapsulation are alternative LDR treatment technologies for D009 debris and do not depend on mercury levels in the debris. If alternative treatment standards are not used, the waste is subject to the non-debris standards in 40 CFR 268.40. The definition of debris is located in 268.2(g). Intact containers of mercury (e.g., thermometers, batteries) are not debris (SEE ALSO: 57 FR 37194, 37225; 8/18/92). Intact containers mixed with debris must be removed and managed separately. Certain mercury-containing items may be universal waste (SEE ALSO: 70 FR 45508; 8/5/05). Mercury-containing CESQG and household hazardous waste is exempt from RCRA regulations. Retorters are capable of accepting mercury-containing debris with certain limitations and exceptions. Source separation involves removing mercury-contaminated material from debris. Macroencapsulation involves mixing waste with reagents and stabilization materials to produce a more stable waste form. Macroencapsulation uses surface coatings or jackets to reduce surface exposure to leaching media.
 
05/19/2003FLASH POINT TESTING OF A WASTE FIBROUS FILTER MATERIALMemo
 Description: Only liquid wastes are evaluated for ignitability using the flash point test in 261.21(a)(1). Non-liquid wastes, such as fibrous filter material, are assessed for ignitability using the narrative criteria found in 261.21(a)(2). No specific federal test has been developed for determining the ignitability of non-liquid wastes. State implementing agencies may have tests or guidance for determining non-liquid waste ignitability.
 
04/18/2003RESULTS OF THE HAZARDOUS WASTE CHARACTERISTICS SCOPING STUDYMemo
 Description: The Hazardous Waste Characteristics Scoping Study reviewed RCRA hazardous waste characteristics. The Scoping Study examined whether RCRA regulations were effective in identifying hazardous waste, whether other waste properties should be used to classify hazardous waste, and whether hazardous waste characteristics should be expanded. The study found that most nonhazardous wastes are managed appropriately when disposed. The study identified the need for investigations on the risk of waste releases to the air, on the potential for hazardous constituents to leach from wastes, and on the measurement of the ignitability, corrosivity, and reactivity characteristics. Air studies found no need for additional regulation. Other investigations are currently underway.
 
03/25/2003RESULTS OF HAZARDOUS WASTE CHARACTERISTIC SCOPING STUDYMemo
 Description: The Hazardous Waste Characteristics Scoping Study reviewed RCRA hazardous waste characteristics. The Scoping Study examined whether RCRA regulations were effective in identifying hazardous waste, whether other waste properties should be used to classify hazardous waste, and whether hazardous waste characteristics should be expanded. The study found that most nonhazardous wastes are managed appropriately when disposed. The study identified the need for investigations on the risk of waste releases to the air, on the potential for hazardous constituents to leach from wastes, and on the measurement of the ignitability, corrosivity, and reactivity characteristics. Air studies found no need for additional regulation. Other investigations are currently underway.
 
03/07/2003FOLLOW-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.
 
12/01/2002REGULATORY STATUS OF SOLVENT RESIDUE FROM SPRAY CANSQuestion & Answer
 Description: Unused solvent removed from a non-empty spray can may meet a hazardous waste listing if the solvent is on the P or U list. The unused solvent might also exhibit a characteristic of hazardous waste. An unused solvent would not be classified as an F-listed spent solvent since it was never used. Hazardous waste determinations are the responsibility of the generator.
 
11/01/2002APPLICABILITY OF LDR TO BEVILL MIXTURESQuestion & Answer
 Description: A mixture of a Bevill-exempt waste and a characteristic waste (or a waste listed solely for exhibiting a characteristic) remains subject to the land disposal restrictions (LDR) even if it is no longer hazardous at the point of land disposal. A Bevill mixture is hazardous if it exhibits a characteristic of the non-excluded waste, but not if it exhibits a characteristic imparted by the Bevill waste. LDR attaches at the point of generation. A Bevill mixture must be treated for characteristics and underlying hazardous constituents (UHCs) attributed to the non-excluded portion, but not UHCs uniquely contributed by the Bevill portion. A facility remains subject to all applicable LDR notification requirements. The act of mixing a hazardous waste with a Bevill-exempt waste to render it nonhazardous is treatment, may require a permit, and may be a form of impermissible dilution.
 
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.
 
08/01/2002HAZARDOUS CHARACTERISTIC SCOPING STUDYMemo
 Description: The Hazardous Waste Characteristics Scoping Study reviewed the effectiveness of the current hazardous waste characteristics regulations to identify whether other waste properties should be used to classify waste as hazardous or if the current characteristics should be expanded. EPA also collected data on toxic chemical releases from landfills. The current regulations ensure that most hazardous waste is addressed properly, but the Scoping Study identified areas that deserve additional investigation, including waste constituent releases to air and identifying supplements to the Toxicity Characteristic Leaching Procedure (TCLP). EPA has set priorities for completion of follow-up studies. Any revision of the TC regulation would have to take into account a number of considerations, including updated groundwater models.
 
07/29/2002RESULTS OF HAZARDOUS CHARACTERISTIC SCOPING STUDYMemo
 Description: The Hazardous Waste Characteristics Scoping Study did not identify hazards that warrant regulatory changes, but identified areas that deserve additional investigation, including waste constituent releases to air and identifying supplements to the Toxicity Characteristic Leaching Procedure (TCLP). EPA collected data on toxic chemical releases from landfills. The toxicity characteristic (TC) regulation remains an appropriate tool for defining hazardous waste. EPA will continue to examine the hazardous waste characteristics. States may develop regulations that are more inclusive than the federal program.
 
06/14/2002HAZARDOUS CHARACTERISTIC SCOPING STUDYMemo
 Description: The Hazardous Waste Characteristics Scoping Study reviewed the effectiveness of the current hazardous waste characteristics regulations to identify whether other waste properties should be used to classify waste as hazardous or if the current characteristics should be expanded. EPA also collected data on toxic chemical releases from landfills. The current regulations ensure that most hazardous waste is addressed properly, but the Scoping Study identified areas that deserve additional investigation, including waste constituent releases to air and identifying supplements to the Toxicity Characteristic Leaching Procedure (TCLP). EPA has set priorities for completion of follow-up studies. Any revision of the TC regulation would have to take into account a number of considerations, including updated groundwater models.
 
05/17/2001REGULATORY STATUS OF DROP-OUT SLAG GENERATED AT ELECTRIC ARC FURNACESMemo
 Description: Drop-out box slag (DOBS) generated at electric arc furnaces (EAFs) is not covered by the K061 listing, which includes dust and sludge from EAF emissions. DOBS does not meet the description of dust or sludge as defined in the K061 Listing Background Document. Material in ductwork leading to or collected in air pollution control devices may meet the K061 definition. DOBS may exhibit the toxicity characteristic for various metals, but would not be a solid waste if sent for legitimate recycling.
 
05/15/2001LAND DISPOSAL RESTRICTION REQUIREMENTS FOR CHARACTERISTIC WASTESMemo
 Description: Characteristic wastewaters that are mixed with a solid waste and decharacterized are still subject to 268.40 standards, including treatment for underlying hazardous constituents (UHCs). Characteristic wastewaters may be mixed with solid wastes or otherwise diluted and then injected into deep underground wells or placed in surface impoundments subject to controls imposed by the Clean Water Act (CWA) without meeting 268.40 standards. An accidental spill of hazardous waste that is promptly cleaned up is not considered land placement. LDR treatment standards apply to contaminated soils that exhibit a characteristic or contain a listed waste. LDRs attach to a hazardous waste contaminated soil when it is excavated and when it is ultimately going to be placed in a land disposal unit. LDRs will apply until standards are met even if the soil is subsequently decharacterized. If a soil contaminated by a characteristic waste does not exhibit a characteristic when it is excavated, then LDRs do not apply. Any deliberate mixing of hazardous waste with soil in order to change its treatment classification is impermissible dilution and illegal.
 
01/01/2001LDR NOTIFICATION FOR LISTED AND CHARACTERISTIC WASTESQuestion & Answer
 Description: When a listed waste treatment standard operates in lieu of a characteristic treatment standard, the listed waste code would be included on the LDR notification form in lieu of the characteristic waste code. However, if the listed treatment standard does not directly address the constituent that makes the waste characteristic, the generator must list both waste codes on the notification form, and the waste must meet both treatment standards before it can be land disposed.
 
12/15/2000COMBUSTION PROHIBITION AND EXPLOSIVE WASTESMemo
 Description: Toxicity characteristic (TC) metal wastes are prohibited from dilution by combustion unless one or more of the criteria in 268.3(c) are met. D003 explosive wastes that are also TC metal wastes may be combusted under 268.3(c)(5). Explosive wastes contain hazardous concentrations of organics.
 
11/13/2000IMPLEMENTATION 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).
 
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).
 
10/01/2000IDENTIFICATION OF UNDERLYING HAZARDOUS CONSTITUENTSQuestion & Answer
 Description: Characteristic wastes must meet universal treatment standards (UTS) for all underlying hazardous constituents (UHCs) prior to land disposal. Fluoride, vanadium, and zinc are excluded from the definition of UHC because they do not appear in Part 261, Appendix VIII. 3004(m) authorizes EPA to develop treatment standards for constituents other than those for which a waste is listed.
 
09/01/2000LAND DISPOSAL RESTRICTIONS FOR IMPORTED HAZARDOUS WASTESQuestion & Answer
 Description: Characteristic waste decharacterized prior to entering the United States not subject to land disposal restrictions (LDR) treatment standards or paperwork requirements. U.S. importer is responsible for hazardous waste identification. Importer must comply with all applicable RCRA standards and special importer requirements for waste that is hazardous at point it enters the United States.
 
07/31/2000REGULATORY STATUS OF WASTE GENERATED BY CONTRACTORS AND RESIDENTS FROM LEAD-BASED PAINT ACTIVITIES CONDUCTED IN HOUSEHOLDSMemo
 Description: Lead-based paint (LBP) debris generated by contractors in households is excluded household hazardous waste. LBP waste from abatement, renovation, and remodeling in homes and other residences eligible for exclusion. LBP waste from households may be subject to state, local and/or tribal government regulation (SEE ALSO: 63 FR 70233; 12/18/1998).
 
06/26/2000REGULATORY STATUS OF A SUMP ASSOCIATED WITH AN ELEMENTARY NEUTRALIZATION UNITMemo
 Description: Sump which meets definition of tank and is used in conveying hazardous wastewater to elementary neutralization unit (ENU) could be considered ancillary equipment to ENU and exempt from the requirements of Parts 264, 265, and 270. Authorized state program or Region must make site-specific determination.
 
05/25/2000TOTAL WASTE ANALYSIS ON POTW BIOSOLIDS AND CERCLA LIABILITYMemo
 Description: Generator must determine if waste exhibits toxicity characteristic (TC) by testing or applying knowledge. Using total constituent concentrations in waste is one type of generator knowledge. EPA does not presume waste is TC hazardous if 1/20th the total constituent concentrations in waste exceed TC regulation levels. RCRA Online letters do not constitute EPA policy. Domestic sewage exclusion would not exonerate sewage generators from potential liability under CERCLA 107(a)(3) if the generators’ discharges include CERCLA hazardous substances. A generator may be shielded from liability due to federally permitted release statutory provisions in CERCLA 107(j). Placement of biosolids on land may constitute normal application of fertilizer in CERCLA 101(22)(D) and exempt the generator from liability;. To evaluate normal application of fertilizer, EPA would consider, among other things, compliance with Clean Water Act 405(d) and application rates.
 
05/12/2000CLARIFICATION OF BEVILL STATUS OF ELECTRIC ARC FURNACE SLAGSMemo
 Description: EPA established criteria to determine if a process was defined as mineral processing on September 1, 1989 (54 FR 36619). Only facilities processing less than 50 percent scrap are eligible for Bevill exclusion. Most steel making “mini mills” using electric arc furnaces are not eligible for Bevill exclusion. Flue dust from steel making electric arc furnaces are listed hazardous wastes.
 
03/28/2000PLACEMENT OF SEWAGE SLUDGE ON FARMSMemo
 Description: Domestic sewage exclusion regulatory language elaborates on statutory language by adding to exclusion mixtures of domestic sewage and other wastes. Domestic sewage exclusion applies to wastes which mix with sanitary wastes in sewer system leading to POTW. Hazardous waste delivered to POTW by truck, rail, or dedicated pipe subjects POTW to permit-by-rule requirements. Mixture and derived-from rules apply to hazardous wastes that are not excluded.
 
12/09/1999AGENCY ACTIVITIES IN RESPONSE TO THE 1996 HAZARDOUS WASTE CHARACTERISTICS SCOPING STUDYMemo
 Description: Hazardous Waste Characteristics Scoping Study identified a number of potential gaps in the hazardous characteristics regulatory program. EPA describes potential gaps and efforts to further address them. Discusses the release of final Air Characteristic Study report; review of TCLP test and concerns regarding alkaline waste and oily waste. Work on replacement guidance for withdrawn sulfide and cyanide reactivity test guidance proceeding at low level of activity due to competing priorities. Discusses development of tools for evaluation of ecological risks from waste.
 
12/08/1999INTERPRETATION OF THE RCRA IGNITABILITY CHARACTERISTIC WITH REGARD TO ACETONE WIPESMemo
 Description: Whether solvent-contaminated rags, wipers, or towels contain a listed hazardous waste, are mixed with a listed hazardous waste, only exhibit a characteristic, or are not a waste at all depends on site-specific factors best evaluated by Region or State implementing agency (SEE ALSO: RPC# 2/14/94-01). ASTM Method D4982-89, Method A is not appropriate for determining ignitability. Method 1030 assesses a solids tendency to burn vigorously and persistently, but does not address the mode of ignition. Ignitability for non-liquids should be determined using generator knowledge.
 
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).
 
10/01/1999LAND DISPOSAL RESTRICTIONS (LDR) TREATMENT STANDARDS AND DISPOSAL OPTIONS FOR CONTAMINATED SOILQuestion & Answer
 Description: Alternative land disposal restrictions (LDR) soil treatment standards require that all constituents subject to treatment be treated to 90 percent reduction capped at 10 times universal treatment standard (UTS) level. Hazardous contaminated soil that exhibits toxicity characteristic when generated may be disposed in Subtitle D landfill or placed back on the land once soil meets LDR treatment requirements and is decharacterized. Hazardous contaminated soil that exhibits toxicity characteristic when generated that meets LDR treatment requirements but is not decharacterized must be disposed in a Subtitle C landfill.
 
10/01/1998PROHIBITION ON THE USE OF HAZARDOUS WASTE AS DUST SUPPRESSANTQuestion & Answer
 Description: Characteristic waste that has been decharacterized and meets land disposal restriction (LDR) treatment standards (including universal treatment standards for underlying hazardous constituents) may be used as a dust suppressant. Use of the decharacterized waste as a dust suppressant is allowable assuming the resulting product is being legitimately recycled. Use of used oil or listed hazardous waste as a dust suppressant is prohibited.
 
07/27/1998REGULATORY ACTION BASED ON AIR CHARACTERISTIC STUDYMemo
 Description: Study entitled “Potential Inhalation Risks due to Air Emissions from Certain Waste Management Units” (Air Characteristic Study) completed May 1998. EPA has decided not to pursue initiation of proposal for air characteristic under RCRA to address risks from inhalation.
 
07/15/1998SPENT METHYL BROMIDE ACTIVATED CARBON IS NOT U029Memo
 Description: Spent activated carbon used to capture methyl bromide that has been used for its intended purpose is not a listed U029 hazardous waste. The P and U lists apply to unused commercial chemical products. The spent carbon may still exhibit a characteristic of hazardous waste.
 
04/21/1998WITHDRAWAL OF CYANIDE AND SULFIDE GUIDANCEMemo
 Description: The cyanide and sulfide reactivity guidance is withdrawn (See RPC# 7/12/85-02). Critical errors were made in developing the original guidance. A Federal Register notice announcing the withdrawal of the guidance from SW-846 will be prepared soon. The Agency expects that generators should continue to classify their high concentration sulfide- and cyanide-bearing wastes as hazardous based on the narrative standard.
 
02/26/1998RULEMAKING PETITION FOR TRIVALENT CHROMIUM EXCLUSIONMemo
 Description: Discusses the three part criteria for excluding a chromium waste. Rulemaking petition to take advantage of trivalent chromium exclusion must be submitted to implementing agency (EPA or state) for review and approval. Filter cake from treatment of chrome-bearing wastewater is newly generated waste.
 
02/11/1998CHARACTERIZATION OF NITROCELLULOSE FILTER FABRIC WASTEMemo
 Description: Test Method 1030, although not required, may be a useful procedure to determine if a solid burns vigorously and persistently, the second component of the ignitability characteristic for solids. There are no reactivity characteristic test procedures for nitrocellulose filter fabric. This letter provides representative sampling guidance for nitrocellulose filter fabric. A statistician may be necessary to establish the level of confidence needed to make a decision regarding the entire waste based on an individual grab sample.
 
11/20/1997REGULATORY STATUS OF ETHYLENE GLYCOLMemo
 Description: Pure, unused ethylene glycol and unused antifreeze containing ethylene glycol are not hazardous wastes until a decision is made to discard these products. Since they are not listed hazardous wastes, they would be hazardous only if they exhibited one of the hazardous waste characteristics. Ethylene glycol is included on the list of chemicals subject to reporting requirements under Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA).
 
08/15/1997TREATMENT PROCESS FOR SPENT ABRASIVE WASTESMemo
 Description: Vacuum system that mixes characteristic spent abrasive wastes and additives does not appear to resemble either tank or container. Unit that treat wastes between point of collection and point of accumulation could be regulated treatment unit subject to miscellaneous treatment standards. Determination of unit’s status is made on site-specific basis. Treated waste that passes TCLP when initially tested but later found to exhibit characteristic becomes regulated hazardous waste. CERCLA liability is independent of any hazardous waste determination.
 
08/14/1997REGULATORY STATUS OF USED NICKEL CATALYSTMemo
 Description: Discusses the regulatory status of spent catalyst being reclaimed. A material is reclaimed if it is processed to recover a usable product, or if it is regenerated. The hazardous waste determination is the generator’s responsibility. Determination is made by evaluating the waste using a required test or by comparing the properties of the waste with the narrative standard. A lack of required test for ignitability of solids and reactivity does not prohibit consideration of test data where there is reason to question the generator’s RCRA determination.
 
08/12/1997SOLIDIFICATION OF K044 WITH POZZOLANIC MATERIALMemo
 Description: Solidification of K044 with pozzolanic material satisfies the land disposal restrictions (LDR) treatment standard. Solidified material can no longer exhibit the potential to form reactive residues and must not exhibit any hazardous waste characteristic.
 
07/25/1997INCORPORATION OF PRETOX 2000 INTO LEADED PAINT STRIPPERMemo
 Description: Leaded paint scrapings and blasted paint typically fail the toxicity characteristic for lead. Use of additives in paint strippers or blasting grit to mask the leaching of hazardous constituents is not illegal under current regulations, but any masking may only be temporary. Use of such materials does not relieve the generator of CERCLA liability.
 
05/22/1997HOW IGNITABLE SOLIDS AND SOLVENT CONTAMINATED RAGS OR SHOP TOWELS FIT INTO D001 CHARACTERISTIC OF IGNITABILITYMemo
 Description: Solvent contaminated rags and towels may be hazardous waste if they exhibit a hazardous waste characteristic. EPA recommends that states or regional offices make such determinations on a site-specific basis. EPA does not currently have a method to determine the ignitability of solids (SUPERSEDED: Method 1030 introduced in 62 FR 32451; 6/13/97). In determining the ignitability of rags, consider the type and amount of solvent used, the type and number of rags used, and how the rags are stored. Solvent contaminated rags with no free liquids are still capable of exhibiting the ignitability characteristic (D001). Rags placed in a container can force free liquid into the bottom of the container through force of gravity. Rags placed in an environment with oxygen present may meet criteria in 261.21(a)(2).
 
05/19/1997CLARIFICATION OF REACTIVITY CHARACTERISTIC AS IT PERTAINS TO AEROSOL CANSMemo
 Description: EPA is unable to make a categorical determination as to whether various types of aerosol cans that may have contained a wide range of products exhibit the characteristic of reactivity. The generator is responsible for making this determination, Steel aerosol cans that have been punctured and drained would meet the definition of scrap metal. Scrap metal that is recycled is exempt from RCRA, thus generators need not make a hazardous waste determination.
 
05/19/1997RULES FOR DISPOSAL OF DISCARDED CONCRETEMemo
 Description: Concrete has not been identified by EPA as listed hazardous waste. Common concrete is not likely to exhibit any of the characteristics of hazardous waste. Authorized states can establish more stringent requirements and may have their own rules regarding nonhazardous waste or debris.
 
04/11/1997PAINT RECYCLINGMemo
 Description: Paint or coating remixed and used for its intended purpose is not a solid waste. If paint is discarded, the generator must make a hazardous waste determination. Discarded paints generally are not listed wastes, but they may exhibit characteristics such as ignitability or toxicity. Paint generated by a CESQG is not subject to federal regulation provided the waste is discarded at a facility meeting Section 261.5(f) or (g). Paint collected from households is exempt from regulation, even if the paint is subsequently discarded. Household hazardous waste (HHW) mixed with regulated hazardous waste in a collection program is regulated. Paint cans emptied under the empty container provisions are not subject to regulation because they do not hold regulated residues.
 
04/01/1997TREATMENT STANDARDS FOR D008 RADIOACTIVE LEAD TANKS AND CONTAINERSQuestion & Answer
 Description: D008 radioactive lead solids that are tanks or containers must be treated using macroencapsulation. The placement of waste in a container or tank is not considered macroencapsulation. The owner/operator may use an alternative treatment method if demonstrated to be an equivalent technology.
 
03/17/1997REGULATORY STATUS OF LEAD SHOTMemo
 Description: A mixture of spent lead shot and gunpowder may be ignitable. Discusses the regulatory status of lead shot. Discharge of ammunition or lead shot is in the normal and expected use pattern of the product and does not constitute hazardous waste disposal. Ammunition, rounds, expended cartridges, and unexploded bullets that fall to the ground are not discarded (SEE ALSO: 62 FR 6622; 2/12/97). Lead shot may be considered scrap metal, not spent material, and exempt from regulation when recycled. The exemption extends only to the lead shot portion of the waste.
 
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).
 
02/07/1997MANAGEMENT OF SPENT FLUORESCENT LAMPSMemo
 Description: EPA is currently completing an analysis of estimated mercury emissions associated with managing spent fluorescent lamps. EPA will use the analysis in conjunction with comments on the proposed lamp rule (59 FR 38288; July 24, 1994) to determine how to proceed with a final regulatory decision on lamps (SEE ALSO: 64 FR 36466; 7/6/99).
 
11/07/1996REGULATORY STATUS OF CHOPLINE RESIDUEMemo
 Description: Chopline residues are spent materials and therefore solid wastes when reclaimed or recycled. It is considered spent because it can no longer be used for the original purpose without reprocessing or reclamation. Hazardous waste management requirements apply up to the point of resale as product. Residue generated from the recycling process may be hazardous if characteristic.
 
09/01/1996PCB WASTES AS HAZARDOUS WASTESQuestion & Answer
 Description: PCBs are not listed RCRA hazardous wastes. It is possible that PCBs will be present as incidental contaminants in a listed hazardous waste (e.g., solvent used to remove PCBs from transformers). Typically PCBs do not exhibit a characteristic. Wastes that are hazardous for TC waste codes D018-43 and contain PCBs are exempt under RCRA if regulated under TSCA. Waste containing PCBs and not qualifying for the Section 261.8 exemption is fully subject to RCRA. Land disposal restrictions has special standards for PCB wastes (California List) per Section 3004(d)(2)(D) and 3004(d)(2)(E) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
07/12/1996MANAGEMENT AND DISPOSAL OF WASTE VINYL MINI BLINDSMemo
 Description: Toxicity characteristic (D008) lead-containing mini blinds are not solid waste if they are returned to the manufacturer for resale in a reverse distribution system. Blinds from homes, apartments, and hotels are exempt household hazardous waste (HHW). Waste from hospitals, offices, day care centers, and non-residential buildings at military bases are not HHW. HHW and non-HHW must be segregated. A generator can test waste or apply knowledge. The most conservative approach assumes that the blinds are hazardous waste (HW). The generator is vulnerable for enforcement for an incorrect determination if subsequent EPA testing reveals that the waste is HW.
 
03/25/1996EPA'S ASSESSMENT OF WHETHER AN UNUSED CHEMICAL AND THE RESULTING SPENT MATERIAL ARE HAZARDOUS WASTE AND/OR MIXED WASTEMemo
 Description: Potassium hexacyanocobalt (II) - ferrate (II) that is used as an ion exchange medium to remove cesium from a wastestream is not a listed hazardous waste before or after use. Media are unlikely to exhibit a characteristic before use. If media exhibit a characteristic after use, they would be radioactive mixed wastes.
 
03/07/1996INDUSTRIAL WIPERS AND THE HAZARDOUS WASTE IDENTIFICATION RULEMemo
 Description: Discusses possible factors to consider in a future rulemaking on disposable and reusable rags and wipers contaminated with solvents (SEE ALSO: RPC# 10/27/94-01 and RPC# 2/14/94-01).
 
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.
 
01/26/1996LAND DISPOSAL RESTRICTIONS; PHASE IV SUPPLEMENTAL PROPOSAL ON MINERAL PROCESSING WASTESMemo
 Description: The Phase IV Bevill proposal (61 FR 2338; 1/25/96) would clarify the distinction between in-process materials and wastes in the Bevill exemption for mining and mineral processing wastes. The notice proposes retaining the TCLP and the classification of several wastes, including five smelting wastes that were previously lifted, iron chloride waste acid, and wastes from lightweight aggregate production. The notice proposes to exclude processed scrap metal and shredded circuit boards that are destined for metal recovery and managed in containers. The notice proposes to significantly reduce the land disposal restrictions (LDR) paperwork requirements that apply to hazardous waste generally (SEE ALSO: Phase IV Final Rule, 63 FR 28556; 5/26/98).
 
09/19/1995CLARIFICATION OF THE CHARACTERISTIC OF IGNITABILITY AS IT PERTAINS TO SOLIDS VS. LIQUIDSMemo
 Description: Flash point test does not define solids as ignitable (D001), but may be used as evidence of the ignitability characteristic. There is no definitive test for ignitability of solids (SEE ALSO: SW-846 method 1030 finalized in 6/13/97; 62 FR 32451).
 
09/14/1995CLARIFICATION OF CIRCUMSTANCES INITIATING EPA'S ""MANIFEST DISCREPANCY"" PROCEDURESMemo
 Description: The manifest discrepancy regulations do not apply to waste which loses the corrosivity characteristic during transit (transportation). The manifest discrepancy regulations are intended for situations where the quantity of waste is unaccounted for. The manifest is not a certification that shipped waste is indeed hazardous. A generator can apply knowledge conservatively, rather than incur the costs of testing each waste batch or stream.
 
09/13/1995IS THE CHEMICAL POTASSIUM HEXACYANOCOBALT (II)-FERRATE (II), USED AT A DOE NUCLEAR PLANT, CONSIDERED A ""MIXED WASTE"" UNDER RCRA?Memo
 Description: Potassium hexacyanocobalt (II) - ferrate (II) that is used as an ion exchange media to remove cesium from a wastestream is not a listed waste. Potassium hexacyanocobalt (II) - ferrate (II) is unlikely to exhibit ignitability (D001) or corrosivity (D002). If it exhibits a characteristic, it may be radioactive mixed waste.
 
08/24/1995THE DIFFERENCE BETWEEN THE DEFINITION FOR THE CHARACTERISTIC OF IGNITABILITY AS IT PERTAINS TO SOLIDS VS. LIQUIDSMemo
 Description: There is no official method for testing ignitability of solids or sludges. Method 1010, Pensky-Martens, has some use for liquid wastes with non-filterable, suspended solids. Flash point testing is only appropriate for liquids. OSW developed and proposed SW-846 test method 1030 based on the DOT burn rate test in Section 173.124 and Appendix E (SUPERSEDED: SW-846 method 1030 finalized in 6/13/97; 62 FR 32451). If using the DOT method, separate the solid/liquid phases and test separately. Supplement tests with generator knowledge.
 
08/16/1995CLARIFICATION AS TO WHETHER USED FIXER IS A ""BY-PRODUCT"" AND NOT SUBJECT TO THE DEFINITION OF SOLID WASTE WHEN BEING RECLAIMEDMemo
 Description: Used photographic fixer is a spent material and not a by-product. EPA is considering removing silver from the TC.
 
08/10/1995GENERATOR STATUS OF CONTRACTORS WHO REMOVE LEAD-BASED PAINTMemo
 Description: During typical lead-based paint abatement, both the property owner and contractor may qualify as generators responsible for compliance. The cogenerator policy applies to cases other than those specified in the 10/30/80 Federal Register (45 FR 72024), where waste is generated by more than one party.
 
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.
 
06/22/1995DETERMINATION ON WHETHER A GENERATOR'S FLUORESCENT TUBES ARE NONHAZARDOUSMemo
 Description: A generator is responsible for determining if a waste exhibits a characteristic. Testing one spent fluorescent mercury lamp tube to determine if all waste lamps exhibit the characteristic is not representative sampling. Selection of randomly chosen bulbs is more appropriate (see Chapter 9, SW-846). States authorized for the universal waste (UW) rule may add lamps to the state UW list and set management standards (SEE ALSO: 64 FR 36466; 7/6/99). The UW rule streamlines regulations for hazardous waste batteries (battery), pesticides, and mercury thermostats (SEE ALSO: 70 FR 45508; 8/5/05).
 
06/14/1995INTERPRETATION OF THE PHRASE ""WHICH CAN BE REASONABLY EXPECTED TO BE PRESENT"" FOR SOIL THAT EXHIBITS THE TOXICITY CHARACTERISTICMemo
 Description: When preparing land disposal restrictions (LDR) notification for D001, D002, D012-43 soils, constituents “reasonably expected to be present” would include all constituents above universal treatment standards (UTS) levels. In remediation, the point of generation is the point at which contaminated soil is picked up (SEE ALSO: 63 FR 28556; 5/26/98).
 
06/08/1995GUIDANCE ON WHETHER GENERATORS MUST POST ""NO SMOKING"" SIGNS WHEN A FACILITY HAS A ""TOBACCO-FREE"" POLICYMemo
 Description: Discusses the EPA interpretation of enforceability of comments and notes in the regulations. Comments and notes are not legal requirements. Generators meeting the requirements of Section 262.34 need not comply with Section 265.17(a). Generators may be required to post a “no smoking” sign in accordance with Section 265.31. Treatment, storage, and disposal facilities (TSDFs) must, at a minimum, post “no smoking” signs wherever there is a hazard from ignitable or reactive waste, even if the facility has a tobacco-free environment.
 
06/05/1995GUIDANCE FROM THE U.S. EPA ON THE CRUSHING OF MERCURY-CONTAINING LAMPSMemo
 Description: Crushing mercury lamps can be part of an exempt legitimate recycling process. The recycling exemption can apply even if portions of recycling are performed at different sites. A crusher carries the burden to ensure bulbs are actually recycled (SUPERSEDED: lamp crushing by universal waste handlers prohibited; see 64 FR 36466, 36477-36478; 7/6/99). EPA is still weighing options proposed in the 7/27/94 Federal Register (59 FR 38288) for streamlining fluorescent lamp regulation. The universal waste rule streamlines the regulations for hazardous waste batteries (battery), pesticides, and mercury thermostats (SEE ALSO: 70 FR 45508; 8/5/05). States may add additional wastes (e.g., fluorescent lamps) to the state universal waste list and establish management standards.
 
02/24/1995REGULATORY ISSUES PERTAINING TO WASTES CONTAMINATED WITH EXPLOSIVE RESIDUESMemo
 Description: Section 261.23(a)(8) should not be used because it references DOT regulations which have been changed. Debris/media mixed with explosives are reactive if they continue to exhibit a characteristic. The Bureau of Alcohol, Tobacco, and Firearms (BATF) methods may be used to determine reactivity for Section 261.23(a)(6) and (7), but would not be enforceable.
 
02/10/1995CLARIFICATION OF THE LDR PHASE II REGULATION THAT APPEARED IN THE FEDERAL REGISTER ON SEPTEMBER 19, 1994Memo
 Description: SW-846 need not be used to demonstrate compliance with the universal treatment standards (UTS). When organic waste are combusted, nondetect values within an order of magnitude of UTS are acceptable. Notification for F001-F005, F039, D001, D002, D012-43 must include the constituents to be monitored if monitoring will not involve all UTS constituents.
 
01/26/1995CHARACTERIZATION OF WASTE STREAMS FROM POLYMERIC COATING OPERATIONSMemo
 Description: Manufacturing process units may include distillation columns, flotation units, or discharge trays or screens. Rags and wipers can only be defined as listed if they contain a hazardous waste. If a rag or wiper contains a listed waste, it is a hazardous waste via the contained-in policy or it is considered mixed with a listed hazardous waste (SEE ALSO: 2/14/94-01). The final regulatory determination for wipers should be made by the State or Regional office. No test method has been promulgated for spontaneous combustion. A generator is responsible for comparing properties of his/her waste with the narrative definition. The Paint Filter Liquids test is the current test to determine whether a material contains a liquid for the characteristic of ignitability (D001).
 
12/16/1994BUBBLER CANISTERS CONTAINING PHOSPHOROUS OXYCHLORIDE ARE NOT WASTE WHEN RETURNED TO THE UNITED STATES FROM JAPAN FOR REGENERATIONMemo
 Description: Bubbler canisters containing unused phosphorous oxychloride is a commercial chemical product (CCP) when reclaimed and not solid waste. A partially empty bubbler canister which is recharged by adding new phosphorous oxychloride to residual phosphorous oxychloride left in the bubbler is continued use of a product, not waste. The bubbler canister is not subject to OECD provisions when imported into U.S. for reclamation, because the bubbler canister is not subject to U.S. laws and regulations. Phosphorous oxychloride is highly corrosive and reacts violently with water, and therefore could be a reactive or corrosive characteristic hazardous waste if it is a solid waste. It is inappropriate to discharge untreated phosphorous oxychloride to a wastewater treatment system or to land dispose. Phosphorous oxychloride is hazardous reactive (D003) and possibly corrosive (D002) when discarded. Phosphorous oxychloride can be destroyed through the addition of a sodium hydroxide solution.
 
12/01/1994ELEMENTARY NEUTRALIZATION UNITS GENERATING AND STORING NON-CORROSIVE HAZARDOUS WASTESQuestion & Answer
 Description: A tank in which corrosive-only (D002) electroplating wastewaters are treated meets the definition of elementary neutralization unit (ENU), even if the treatment process produces an F006 sludge. F006 is subject to regulation once it is removed from the tank.
 
11/03/1994CLARIFICATION OF DISCARDED AMMUNITION OF 0.50 CALIBERMemo
 Description: Small arms ball ammunition up to and including .50 caliber are not reactive (D003) but may be hazardous for another characteristic. Popping furnaces are incinerators. Popping furnaces treating small arms ball ammunition that exhibit a characteristic are subject to RCRA as incinerators.
 
10/27/1994REGULATORY STATUS OF INDUSTRIAL WIPERS UNDER RCRAMemo
 Description: The EPA Headquarters deferral on the determination of the regulatory status of rags and wipers to the appropriate Region or State implementing agency (SEE ALSO: RPC# 2/14/94-01) is discussed.
 
10/07/1994PROCESSING LEAD ABATEMENT DEBRIS TO MEET HAZARDOUS WASTE RECYCLER'S SPECIFICATIONS IS NOT ""TREATMENT"" AS DEFINED IN 40 CFR 260.10Memo
 Description: Processing (cutting, chopping, shredding, or grinding) of lead-based paint (LBP) waste is treatment, but it is not subject to regulation if it is part of legitimate recycling. The storage of hazardous waste lead-based paint before or after exempt processing is regulated. Recycling is an exempt form of hazardous waste treatment.
 
10/04/1994REGULATORY REQUIREMENTS APPLICABLE TO TWO WASTE STREAMS THAT WOULD BE BILAYERED THROUGH PHASE SEPARATION AT A LICENSED TSDFMemo
 Description: An aqueous phase separated from bilayered ignitable (D001) high total organic carbon (TOC) waste is a different waste and need not be combusted. The aqueous phase may be sent to wastewater treatment. Discusses phase separation and change in treatability group.
 
09/28/1994CLARIFICATION ON: MANIFEST DOCUMENT NUMBER; F003, F005, D001; WASTE DESTINED FOR RECYCLING; AND TREATMENT STANDARDS FOR CFCMemo
 Description: F003 and F005 waste exhibiting ignitability must carry a notification for and meet the D001 treatment standard (TS), since F003/F005 does not operate in lieu of D001 (SEE ALSO: 55 FR 22520, 22530; 6/1/90) (USE WITH CAUTION: see RPC# 3/1/94-02). The TS for chlorinated fluorocarbons (CFC) is discussed. A CFC waste may be subject to the California list prohibition for halogenated organic compounds (HOC) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97) (SEE ALSO: RPC# 5/16/91-01). Materials that are not a solid waste (SW) when recycled are exempt even if shipped to a recycler via a TSDF. Scrap metal is both a SW and is hazardous, but is exempt if recycled. The legitimacy of recycling must be documented. Use of manifest continuation sheets is outlined.
 
08/15/1994Environmental Fact Sheet: EPA Simplifies Land Disposal Restrictions by Establishing a Set of Universal Treatment Standards, and Finalizes Treatment Standards for 42 Newly Listed and Identified WastesPublication
 Description: This fact sheet discusses the promulgation of a set of universal treatment standards for more than 200 constituents in an effort to simplify the land disposal restrictions (LDR) program. The rule also finalizes LDR treatment standards for 42 newly listed or identified wastes, including coke by-product wastes, chlorotoluene wastes, and organic toxicity characteristic (TC) wastes, and promulgates regulations requiring TC pesticide and highly concentrated ignitable wastes be treated and not merely diluted prior to injection in Class I nonhazardous deep injection wells. The fact sheet includes a table of regulated hazardous organic constituents, wastewater concentration total composition (mg/L), and nonwastewater concentration total composition (mg/L).
 
07/15/1994APPLICABILITY OF HAZARDOUS WASTE CODES TO A CHEMICAL POLISHING SYSTEMMemo
 Description: Discarded chemical polishing bath solution containing the oxidizer hydrogen peroxide may be ignitable (D001) because it is capable of severely exacerbating a fire by yielding oxygen to stimulate combustion. Acid baths may be corrosive (D002) due to sulfuric acid content. The chemical polishing process does not generate a listed waste if no electroplating or cyanides are used (SUPERSEDED: Memorandum, Dellinger to Waterman; May 18, 2007 (RO 14808)). Discarded baths from this process are hazardous wastes only if characteristic. Wastes that exhibit a characteristic at the point of generation may be subject to the Part 268 requirements even if they do not exhibit a characteristic at the point of disposal (261.3(d)(1)).
 
07/14/1994MANAGEMENT OPTIONS FOR MERCURY-CONTAINING LAMPSMemo
 Description: Fluorescent and high-intensity discharge lamps generally exhibit the toxicity characteristic for mercury. A summary of two regulatory options for spent mercury-containing lamps as proposed in the 7/24/94 Federal Register (59 FR 38288) is provided (SEE ALSO: 64 FR 36466; 7/6/99).
 
07/14/1994TREATMENT STANDARD FOR K106 (LOW MERCURY SUBCATEGORY) NON-WASTEWATER RESIDUES FROM RETORTING/ROASTING (RMERC) UNITSMemo
 Description: K106 low mercury subcategory residues from retorting/roasting units will need further treatment if the residues exceed the mercury TCLP level.
 
07/08/1994EXPORT FROM JAPAN OF PHOSPHORUS OXYCHLORIDE CONTAINING BUBBLERSMemo
 Description: Waste bubblers containing phosphorous oxychloride may exhibit the characteristics of corrosivity (D002) and reactivity (D003). An importer of waste is responsible for hazardous waste determinations and generator duties. An importer could be a waste broker, transporter, or destination TSDF (SUPERSEDED: RPC# 9/14/94-02).
 
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.
 
05/24/1994STATUS OF WASTES GENERATED FROM ABATEMENT OF LEAD-BASED PAINTMemo
 Description: Lead-based paint (LBP) abatement wastes are not household hazardous waste (HHW) if generated in construction, demolition, or renovation, but are exempt HHW if generated in routine residential maintenance (SUPERSEDED: See 63 FR 70233, 70241; 12/18/98). EPA does not distinguish between wastes generated by homeowners and contractors (SEE ALSO: RPC# 3/7/95-01). Unless it is HHW, LBP abatement waste exhibiting the toxicity characteristic for lead (D008) is currently regulated under Subtitle C. EPA may amend RCRA Subtitle C rules to remove the disincentives to abate LBP.
 
04/15/1994REGULATORY STATUS OF NATURAL GAS PIPELINE CONDENSATEMemo
 Description: Although ignitable off-specification fuels, such as natural gas condensate, are usually not solid wastes when burned for energy recovery, sale or use of low energy value condensate as motor fuel or a fuel additive may constitute sham burning for energy recovery. The use of unadulterated natural gas pipeline condensate with a high Btu/lb value can constitute legitimate burning for energy recovery. Factors besides the energy value apply to a sham recycling determination.
 
03/22/1994CLARIFICATION OF THE ""CONTAINED-IN"" POLICYMemo
 Description: Soil containing F003 (listed solely for ignitability) may be deemed to contain hazardous waste due to the presence of hazardous constituents (such as metals) even if the soil does not exhibit a characteristic under the contained-in policy (SEE ALSO: 66 FR 27266, 27286; 5/16/01). Consistent with the process for delisting wastes listed solely for a characteristic, States may consider constituents other than those for which the waste was listed when deciding if the soil still contains hazardous waste.
 
03/01/1994CLARIFICATION OF LAND DISPOSAL RESTRICTIONS (LDR) REQUIREMENTSMemo
 Description: If a waste is ignitable (D001, high total organic carbon (TOC)) and exhibits the toxicity characteristic for lead (D008), then blending and combustion as a hazardous waste fuel is not impermissible dilution, since the treatment standard for high TOC D001 requires burning. Fuel substitution alone is not sufficient. Ash from burning such metal-bearing wastes must meet the treatment standards for metals. A waste must meet treatment standards for all applicable waste codes before land disposal (SEE ALSO: 268.9(b)). The F001-F005 treatment standards apply only to the constituents used for solvent properties and which triggered the listing. Solvent constituents picked up through use are not subject to the F001-F005 treatment standards. The F005 treatment standard addresses the characteristic of ignitability and so operates in lieu of D001 treatment standard (USE WITH CAUTION: see RPC# 9/28/94 -04). The alternative debris treatment standards may be used even if the debris is contaminated with a waste code whose treatment standard is a specified technology.
 
01/26/1994RESPONSE TO PROPOSED PROCEDURE TO DECOMMISSION ALUMINUM CHAFF ROVING BUNDLESMemo
 Description: Aluminum chaff roving bundles could exhibit the reactivity characteristic (D003) for their propensity to release flammable hydrogen gas when they are exposed to moisture. The Part 268 land disposal restrictions (LDR) treatment standard for these wastes is deactivation, which is best achieved by washing them with an acidic solution (SUPERSEDED: treatment standard is deactivation and meet 268.48 standards, see 268.40). Compliance is evaluated based on the removal of the characteristic, not based on following a specified method of deactivation.
 
01/21/1994REGULATORY STATUS OF SPENT ANTIFREEZEMemo
 Description: Spent antifreeze is a hazardous waste only if it exhibits a characteristic.
 
01/04/1994REGULATORY STATUS OF WASTE AEROSOL CANSMemo
 Description: No categorical determination is possible as to the reactivity of various types of aerosol cans. A hazardous waste determination is the responsibility of generator. Steel aerosol cans that do not contain a significant amount of liquid (e.g., cans that have been punctured and drained) meet the definition of scrap metal. Aerosol cans that are recycled as scrap metal are exempt, and the generator need not make a hazardous waste determination (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal).
 
01/03/1994REGULATORY STATUS OF METAL CASINGS CONTAINING SPENT POWDERED METALLIC OXIDE CATALYSTMemo
 Description: Metal casting containing spent powdered metallic oxide catalyst (i.e., manganese dioxide and copper oxide) is not a listed waste, but could exhibit a characteristic, most likely ignitability (D001) or reactivity (D003). Manganese dioxide is a strong oxidizer and poses a human health hazard through inhalation.
 
01/01/1994USE OF TOTAL WASTE ANALYSIS IN TOXICITY CHARACTERISTIC DETERMINATIONSQuestion & Answer
 Description: The maximum theoretical leachate concentration limits for the TCLP can be calculated from the results of a total waste analysis using a specific formula. Discusses the use of a total waste analysis for liquid wastes, solid wastes, and dual-phase wastes. Discusses maximum theoretical extract concentration (MTEC).
 
12/22/1993REGULATORY STATUS OF BATTERIESMemo
 Description: Lithium-sulfur dioxide batteries (battery) that have been fully discharged to zero volts do not exhibit the characteristic of reactivity (D003). Other lithium batteries may exhibit the toxicity characteristic for constituents such as lead (lead-acid batteries), cadmium (nickel-cadmium rechargeable batteries), and mercury (mercuric oxide, and some alkaline batteries), or they may be hazardous due to other characteristic properties.
 
12/07/1993INAPPROPRIATE USE OF METHOD 1311 (TCLP) AS AN ALTERNATIVE EXTRACTION PROCEDUREMemo
 Description: Method 1311 (TCLP) is the leaching procedure, not extraction procedure (EP). The TCLP is not an appropriate sample preparation procedure for extractable total petroleum hydrocarbons (TPH) or for volatile TPH fractions (e.g., gasoline). Discusses suggested methods for preparation of extractable TPH in soil.
 
11/22/1993RCRA HAZARDOUS WASTE DETERMINATION OF SPENT NUCLEAR REACTOR FUELSMemo
 Description: The Naval Nuclear Propulsion Program’s (NNPP) spent reactor fuel does not exhibit any characteristics of hazardous waste. Discusses the application of the TCLP to radioactive mixed waste.
 
11/08/1993CLARIFICATION ON THE LEVEL OF SULFIDE FOR DETERMINING IF A WASTE IS HAZARDOUS UNDER THE REACTIVITY CHARACTERISTICMemo
 Description: If a waste contains greater than 500 mg/kg total releasable sulfide, then the waste is usually considered to meet the narrative definition of a characteristically reactive(SUPERSEDED: see RPC# 4/21/98-01). Discusses contrasting releasable sulfide methods.
 
10/20/1993RESPONSE TO SPECIFIC QUESTIONS REGARDING HAZARDOUS WASTE IDENTIFICATION AND GENERATOR REGULATIONSMemo
 Description: The absence of free liquids precludes applicability of the ignitability characteristic (D001) as defined in 261.21(a)(1). The proposed rule change (58 FR 46052; 8/31/93) suggests using the pressure filtration step from TCLP (Method 1311) as a definitive demonstration for the absence of free liquids for D001 and D002.
 
10/13/1993LAND DISPOSAL RESTRICTION INTERIM FINAL RULEMemo
 Description: Discusses the applicability of the interim final rule (58 FR 29884; 5/24/93) to wastes that have one or more numerical treatment standards as well as a deactivation requirement. F001 waste that is also corrosive (D002) must be treated to meet the standards for both waste codes (including treatment for underlying hazardous constituents). Waste mixtures with common constituents of concern must meet the most stringent standard that applies. Ignitable (D001) and corrosive wastes (subject to treatment for underlying hazardous constituents) may be aggregated with other compatible wastes to facilitate treatment. Aggregating wastes for other purposes may be impermissible dilution.
 
10/07/1993REGULATORY STATUS OF USED RESIDENTIAL AND COMMERCIAL/INDUSTRIAL AEROSOL CANSMemo
 Description: EPA is unable to determine if aerosol cans exhibit the characteristic of reactivity (D003). Emptying a steel aerosol can by puncturing and draining it may be exempt as a step in recycling the can as scrap metal. A steel aerosol can qualifies as scrap metal if it does not contain significant liquids (i.e., is fully drained) and is therefore exempt from regulation when sent for recycling. Aerosol cans may be rendered empty in accordance with 261.7. Liquid or gas removed from a can is hazardous waste if it is listed or characteristic. There is no need to determine if a steel aerosol can is empty once it qualifies as scrap metal (i.e., once it no longer contains significant liquids) that is destined for recycling. Aerosol cans generated by households qualify for household hazardous waste exclusion. The exclusion attaches at the point of generation and continues to apply throughout the waste management cycle.
 
10/07/1993REGULATORY STATUS OF USED RESIDENTIAL AND COMMERCIAL/INDUSTRIAL AEROSOL CANSMemo
 Description: Aerosol cans generated by households qualify for the household hazardous waste exclusion. The exclusion attaches at the point of generation and continues throughout the waste management cycle. Steel aerosol cans are scrap metal when they are recycled if they do not contain significant liquids. There is no need to determine if a steel aerosol can is empty once it qualifies as scrap metal. Emptying an aerosol can by puncturing and draining may be exempt as a step in the recycling of the can as scrap metal. EPA is unable to determine if aerosol cans exhibit the characteristic of reactivity (D003). Liquid or gas removed from a can is hazardous waste if it is listed or characteristic. Aerosol cans may be emptied in accordance with 261.7.
 
09/24/1993CLARIFICATION OF THE USED OIL REGULATIONS APPLICABLE TO MIXTURES OF USED OIL AND CHARACTERISTIC WASTEMemo
 Description: Mixtures of used oil and ignitable-only characteristic wastes (D001) are regulated as used oil if they are no longer D001. Mixtures of used oil and other characteristic wastes are hazardous wastes if they are characteristic, and used oil if they are not. Mixtures of used oil and wastes listed solely for ignitability are regulated as used oil if they are no longer ignitable. Mixtures of used oil and wastes listed for corrosivity, reactivity, or characteristic of toxicity are hazardous wastes if they exhibit a characteristic, and used oil if they do not.
 
09/23/1993LEAD CONTAMINATION RESULTING FROM SKEET SHOOTINGMemo
 Description: EPA encourages the use of substitute materials for lead in ammunition on firing ranges. The U.S. Court of Appeals for the Second District affirmed that lead ammunition deposited in Long Island Sound is “hazardous solid waste,” and a citizen may bring a RCRA 7002 lawsuit for imminent and substantial endangerment (SEE ALSO: 62 FR 6622; February 12, 1997).
 
09/14/1993PROPOSAL TO APPLY DEBRIS TREATMENT STANDARDS TO DEBRIS CONTAMINATED WITH PHASE II WASTESMemo
 Description: Provides clarification to the Phase II proposed rule (58 FR 48092; 9/14/93). EPA intends for the Phase I alternative debris treatment standards to apply to waste codes that are addressed in the Phase II rule (D018-43, K149-K151, K141-K145, K147, K148).
 
09/14/1993REGULATORY STATUS OF BRASS PARTICLES GENERATED IN THE BELTING AND BUFFING OF BRASS CASTINGSMemo
 Description: Scrap metal that fails the toxicity characteristic for lead is excluded from RCRA Subtitle C regulation when it is recycled. The determination whether brass particles from the belting/buffing of brass castings are scrap metal is made by the state or Regional office (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal).
 
09/14/1993REGULATORY STATUS OF LITHIUM SULFUR DIOXIDE BATTERIESMemo
 Description: The regulatory determination made in the letter, Williams to Berger (RPC# 3/18/87-01), regarding the potential reactivity of lithium sulfur dioxide (LiSO2) batteries (battery) is still in effect.
 
09/01/1993HAZARDOUS WASTE RECYCLING REGULATIONS TO A PROPOSED INK RECYCLING PROCESSMemo
 Description: Waste ink is a spent material. Spent materials are solid wastes when they are reclaimed. Process recycling waste ink is not regulated under RCRA Subtitle C. The storage of waste ink prior to recycling is subject to permit standards. Whether a temporary holding area is subject to permitting is decided on a case-by-case basis. Lithographic printers may qualify as CESQGs (SEE ALSO: RPC# 9/20/93-03). Waste ink may be characteristic or listed, depending on the type of solvent used to clean the ink machine. Hazardous waste recyclers must notify EPA under RCRA 3010 and obtain EPA ID numbers. Residues from the recycling process may no longer be solid wastes if they are legitimate products. Discusses the regulatory status of reclaimed materials and legitimacy determinations.
 
07/14/1993RESPONSE TO REQUEST FOR OPINION ON SECTION 21 PETITION ON BATTERY DEPOSITSMemo
 Description: The toxicity characteristic (TC) is designed to identify wastes that may pose a risk to human health and the environment under a reasonable worst-case mismanagement scenario. Some spent batteries (battery) would fail the toxicity characteristic for lead (D008), cadmium (D006), and mercury (D009). Batteries may be eligible for the universal waste regulations. Batteries generated by households and conditionally exempt small quantity generators (CESQGs) are generally exempt from Subtitle C regulation.
 
06/03/1993USE OF ON-SITE PRECIPITATION PROCESS AS AN ACCEPTABLE PRETREATMENT STEP ADJUNCT TO MERCURY RETORTINGMemo
 Description: Mercury precipitation treatment cannot be used as a substitute for the required retorting treatment (RMERC) for the D009 high mercury subcategory. Precipitation process may be used as a pretreatment step. Generators can treat waste on-site without obtaining a permit, provided the generator accumulation provisions are met. Discusses generators subject to the land disposal restrictions (LDR) analysis plan notification.
 
06/01/1993SAMPLE HOLDING TIMES AND VALIDITY OF ANALYTICAL RESULTSQuestion & Answer
 Description: Discusses the use of the TCLP analytical results when sample holding times are exceeded.
 
05/06/1993WASTE MANAGEMENT OPTIONS FOR ZINC-CARBON BATTERIESMemo
 Description: Zinc-carbon batteries that contain cadmium are subject to land disposal restrictions (LDR) only if they fail the TCLP and extraction procedure (EP) (SUPERSEDED: see 63 FR 28556; May 26, 1998). Zinc-carbon batteries are not subject to the cadmium battery recycling standard. The applicable D006 treatment standard is based on stabilization (SEE ALSO: Part 273).
 
04/23/1993INTERPRETATION OF ""AQUEOUS"" AS APPLIED TO THE CORROSIVITY CHARACTERISTICMemo
 Description: Aqueous means amenable to pH measurement. The corrosivity characteristic (D002) references Method 9040. The scope and application of 9040 notes that it applies only to aqueous wastes and those wastes where the aqueous phase constitutes at least 20% of the total volume of the waste.
 
04/19/1993USE OF PAINT FILTER LIQUIDS TEST TO DETERMINE FREE LIQUIDS IN A WASTEMemo
 Description: The paint filter liquids test Method 9095 was developed to determine free liquids in waste. The test is not intended for use in determining if a waste contains any bound or absorbed liquid or if a liquid is aqueous. The aqueous phase must be present to evaluate waste for pH (SEE ALSO: RPC# 2/16/90-01).
 
04/02/1993REVISIONS TO THE TCLPMemo
 Description: Discusses the use of the method of standard additions (MSA) in metallic contaminants in TCLP wastes.
 
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.
 
03/03/1993AVAILABILITY OF CRITERIA USED TO EVALUATE THE CHARACTERISTIC OF REACTIVITYMemo
 Description: EPA has test procedures to determine the reactivity of wastes that release hydrogen cyanide or hydrogen sulfide gas when they are mixed with weak acid. There is no EPA test for waste that releases hydrogen gas when it is mixed with water. Many reactive properties, such as water reactivity, are difficult to quantify (SUPERSEDED: the test procedures have been withdrawn, see RPC# 4/21/98-01).
 
02/01/1993MIXTURES OF USED OIL AND CHARACTERISTIC HAZARDOUS WASTEQuestion & Answer
 Description: A mixture of used oil and ignitable-only hazardous waste (D001) is regulated as used oil if mixture is not ignitable. A mixture of used oil and waste characteristic for a reason other than ignitability is regulated as hazardous waste if it exhibits any characteristic after mixing.
 
01/18/1993HAZARDOUS WASTE TESTING ISSUESMemo
 Description: EPA has no data that trivalent chromium oxidizes to hexavalent chromium in a landfill. The TCLP is based on co-disposal scenario. Methods 9010 and 9012 are suggested for a concentration of total cyanide and cyanide amenable to chlorination.
 
01/12/1993NOTES ON RCRA METHODS AND QA ACTIVITIESMemo
 Description: Discusses the method and formula for using totals analysis to determine the theoretical maximum concentration of contaminants that could leach from a waste when using the TCLP, and the maximum theoretical extract concentration (MTEC) (SEE ALSO: RPC# 1/1/94-01). EPA’s current regulations for characterizing waste include determining the average property of the universe or whole, even when the waste is heterogeneous (i.e., contains hot spots).
 
01/07/1993APPLICABILITY OF CORROSIVITY PH AND STEEL CORROSION TESTSMemo
 Description: Nonaqueous liquids need only be tested using the steel corrosion test, whereas aqueous nonliquids (e.g., gels) need only be evaluated for pH. Aqueous liquids are subject to pH measurement and the steel corrosion test. Aqueous waste is defined as a waste that is amenable to pH measurement.
 
12/24/1992CLARIFICATION ON WHAT CONSTITUTES DIOXIN RELATED MATERIALSMemo
 Description: Contains a list of waste codes that contain dioxin (F020, F022, F023, F026, F027, F028, F032, D017, D041, D042). The F-listed dioxin waste codes do not apply if waste contains dioxin but does not meet the listing description. Waste exhibits the toxicity characteristic only if the level of constituent exceeds the regulatory level. F039, K043, and K099 have land disposal restrictions (LDR) for certain dioxins and furans. If waste meets the listing description, the waste code applies even if no Appendix VIII constituents are present. For purposes of F021, a pentachlorophenol derivative includes any substance which is related structurally and can be made from pentachlorophenol (PCP), including sodium pentachlorophenate, octachlorodibenzodioxin, octachlorodiphenyl ether, and potassium pentachlorophenate. Derivatives from tri- and tetrachlorophenol include tri- and tetra-chlorophenoxy derivatives of carboxylic acids. F020 -F023, F026-F028 hazardous waste must be incinerated in an unit meeting 99.9999 DRE or burned in thermal treatment unit meeting same DRE. Waste that contains Appendix VII constituents but cannot be traced to the original process that would generate the waste meeting listing description is exempt from regulation unless characteristic.
 
12/07/1992MANAGEMENT OF USED FLUORESCENT LAMPSMemo
 Description: EPA test results indicate that fluorescent lamps often exhibit the toxicity characteristic for mercury (D009) as determined using the TCLP.
 
11/25/1992QUESTIONS ON FINAL USED OIL RULEMemo
 Description: The toxicity characteristic rule is federally enforceable in every state until it is adopted by the state and EPA approves its authorization. The used oil filter exclusion applies in Arizona on 6/19/92. Discusses the applicability of the used oil regulations in authorized states.
 
11/05/1992CLARIFICATION OF NEWLY LISTED WASTES AND HAZARDOUS DEBRISMemo
 Description: Characteristic debris treated to meet the land disposal restrictions (LDR) performance standards and contaminant restrictions that no longer exhibits a characteristic, is not hazardous waste. If a mixture of a material is comprised primarily of debris, by volume, based on visual inspection, the entire mixture is debris. Non-debris mixtures may be treated via equivalent method variance or variance from treatment standard. Analysis of leachability reduction of microencapsulated waste may be achieved by determining the constituent leachability before and after treatment using TCLP.
 
11/04/1992CLASSIFICATION OF F003 WASTESMemo
 Description: Xylene and acetone used to remove paint is F003, even if the waste is not ignitable. The 261.3(a)(2)(iii) mixture rule exemption does not apply to nonignitable F003 that has not yet been mixed with solid waste, and does not apply to a mixture of soil and F003 that does not exhibit a characteristic (SEE ALSO: 66 FR 27266; 5/16/01). Land disposal restrictions (LDR) treatment requirements still apply to F003 waste that has been rendered nonignitable and/or nonhazardous under 261.3(a)(2)(iii). If F003 is spilled into soil, the soil must be managed as listed waste until the state or Region determines that it no longer contains hazardous waste.
 
11/03/1992TRANSPORTATION AND DISPOSAL OF SHOCK SENSITIVE OR EXPLOSIVE MATERIALSMemo
 Description: Picric acid and ethyl ether may be hazardous due to reactivity. The removal, and transportation of old lab chemicals to eliminate imminent and substantial danger qualifies for Section 270.1(c)(3) permit exemption. Emergency permit regulations can also be used. A RCRA permit is necessary if a safety official determines no immediate safety threat exists.
 
09/21/1992CALCULATION OF TCLP CONCENTRATIONS FROM TOTAL CONCENTRATIONSMemo
 Description: A generator may use total analysis in lieu of the TCLP analysis to determine if analyte could possibly be above regulatory level by dividing total concentration by 20 and comparing result with the regulatory limit. Discusses the maximum theoretical extract concentration (MTEC) (SEE ALSO: RPC# 1/1/94-01 “Use of Total Waste Analysis in Toxicity Characteristic Determinations”).
 
09/16/1992RCRA STATUS OF LEAD-BASED PAINT ABATEMENT DEBRIS AND LEAD PAINT CONTAINING DEMOLITION DEBRISMemo
 Description: Revising the toxicity characteristic levels for lead based on groundwater modeling, rather than extraction procedure levels, would result in most lead-based paint abatement wastes no longer testing hazardous. The revision of the toxicity characteristic level for lead may occur as part of Hazardous Waste Identification Rule. EPA considered extending the household hazardous waste exclusion to lead-based paint (LBP) abatement wastes from renovation (SEE ALSO: 63 FR 70233, 70241; 12/18/98).
 
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.
 
09/01/1992“AQUEOUS” AS APPLIED TO THE CORROSIVITY CHARACTERISTICQuestion & Answer
 Description: Aqueous liquid wastes must be tested for both pH and the rate of steel corrosion to determine corrosivity. For D002, aqueous defined as waste for which the pH is measurable. Aqueous nonliquids subject to pH test only. Provides examples of aqueous nonliquids.
 
07/21/1992REGULATIONS FOR DISPOSAL OF CERAMIC MATERIALSMemo
 Description: The disposal of ceramic tiles is regulated only if they meet the definition of hazardous waste. If the tiles are hazardous, they may be subject to the land disposal restrictions (LDR). Appropriate treatment could consist of chemical stabilization or vitrification, depending on the metals in the waste.
 
07/01/1992ALCOHOL-CONTENT EXCLUSION FOR THE IGNITABILITY CHARACTERISTICQuestion & Answer
 Description: The non-alcoholic component does not cause an aqueous solution with less than 24% alcohol to lose its eligibility for the alcohol exclusion for ignitable (D001) wastes. Alcohol defined as any alcohol or combination of alcohols. For purposes of D001, aqueous means at least 50% water by weight.
 
06/16/1992DESIGNATION OF AMERICIUM BERYLLIUM SOURCES UNDER RCRAMemo
 Description: Discusses the tentative determination that americium beryllium (AmBe) sealed source wastes are not RCRA hazardous wastes. AmBe sealed sources are not P015, and are not ignitable (D001), corrosive (D002), or reactive (D003). EPA does not expect stainless steel casings to fail the toxicity characteristic. Beryllium residues discarded during sealed source manufacturing process may be P015. Solder from sealed sources may be evaluated using a combination of testing and mass balance approaches. The theoretical TCLP concentration can be based on solder composition or by testing.
 
03/31/1992MANAGEMENT OF MIXED WASTEMemo
 Description: Low-level radioactive mixed waste typically consists of organic liquids, oil mixtures, heavy metal-contaminated wastes, and corrosive liquids. Generators, and TSDFs must include mixed waste information in their biennial report. Discusses mixed waste permitting authority. Mixed waste is a subset of low level waste.
 
03/09/1992CORROSIVITY CHARACTERISTIC AS IT APPLIES TO SOLIDSMemo
 Description: corrosive solids (i.e., lye, and solid acids) are not covered under the corrosivity characteristic (D002). Aqueous is not defined (SUPERSEDED: see RPC# 1/7/93-02; RPC# 4/23/93-01). A test method for corrosive solids is proposed.
 
02/04/1992CLASSIFICATION OF INFILTRATION GALLERIES UNDER THE UIC AND RCRA PROGRAMSMemo
 Description: Discusses the distinction between, and definition of, infiltration galleries (IGs) and SDWA underground injection control (UIC) wells for purposes of the April 2, 1991, rule extending the toxicity characteristic (TC) effective date for reinjection of groundwater pursuant to hydrocarbon recovery operations at petroleum refineries and transportation facilities (56 FR 13406). IGs can be UIC wells. IGs are often trenches. Remediation activities using reinjection may be subject to state groundwater protection statutes, SDWA, RCRA, and/or CERCLA authorities.
 
12/19/1991USED AUTOMOBILE ANTIFREEZE DISPOSALMemo
 Description: Used antifreeze from households is exempt from regulation. Used antifreeze from business is hazardous waste only if characteristic. Small business may be able to enjoy the reduced CESQG regulation. Industry data indicates used antifreeze may fail TCLP.
 
12/01/1991SW-846 TEST METHODSQuestion & Answer
 Description: The test methods found in SW-846 are generally not required, but are intended as guidance for both hazardous waste identification and compliance with the land disposal restrictions (LDR) treatment standards. In certain instances, such as delisting and characteristic testing, EPA requires the use of the SW-846 methods.
 
11/12/1991APPLICABILITY OF SPECIAL COLLECTION SYSTEM PROPOSAL TO BATTERIESMemo
 Description: Hazardous waste batteries (battery) generated by households are not subject to regulations. Batteries generated by a CESQG are subject to limited controls. Until EPA develops special management standards for recycling hazardous waste batteries, generators must still determine whether used nickel-cadmium batteries exhibit the toxicity characteristic (SEE ALSO: Part 273).
 
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.
 
10/29/1991TCLP EXTRACTIONS APPLIED TO LIQUID WASTES, OILS AND SOLVENT-BASED PRODUCTSMemo
 Description: Provides suggested analytical steps when inconclusive results are obtained from application of the TCLP to solvent and oily wastes. Generators may always apply their knowledge in lieu of testing. TCLP analysis is unnecessary for used oil destined for recycling.
 
10/11/1991MATERIALS USED IN FERTILIZER PRODUCTION MANAGEMENTMemo
 Description: A characteristic sludge used to make fertilizer is a solid waste, even if it is first sent to a facility for lead reclamation. The solid waste determination for a recycled material is made at the point of generation and must account for the entire recycling process. D008 baghouse dust used in fertilizer production is a solid waste used in a manner constituting disposal. Fertilizer produced for the general public's use that meets land disposal restrictions (LDR) treatment standards is no longer subject to regulation.
 
10/11/1991MATERIALS USED IN FERTILIZER PRODUCTION MANAGEMENTMemo
 Description: Characteristic sludge (D008) used to make fertilizer is a solid waste, even if first sent to a facility for lead reclamation. Fertilizer produced for the general public's use that meets land disposal restrictions (LDR) treatment standards is no longer subject to regulation under the use in a manner constituting disposal exemption. Dicusses the history of use constituting disposal regulations. The solid waste determination for a recycled material must be made at the point of generation and must account for the entire recycling process, not only the first step. Addresses the elements of legitimate recycling.
 
10/09/1991EXEMPTION FROM PARTICLE SIZE REDUCTION STEP IN TCLPMemo
 Description: Generator knowledge may include previous testing data on similar waste. The generator must test or apply knowledge to make a determination of hazardous waste characteristics. The TCLP particle size reduction method is up to the lab’s best professional judgment.
 
10/01/1991ANALYTICAL METHODS FOR CONDUCTING TESTING UNDER THE TC RULEMemo
 Description: Up until June 21, 1990 the analytical methods for the toxicity characteristic of arsenic, selenium, and mercury were 7060, 7061,7740, 7470, and 7471. On June 21, 1990, the Agency promulgated method 6010.
 
09/26/1991APPLICABILITY OF THE TOXICITY CHARACTERISTIC TO USED OIL FILTERSMemo
 Description: No hazardous waste determination is necessary for oil filters destined for scrap metal recycling (SEE ALSO: 261.4(b)(13)). Crushed and hot drained oil filters are unlikely to exhibit the toxicity characteristic.
 
09/25/1991TC RULE DELAY OF IMPOSITION ON OIL FILTERSMemo
 Description: Data suggests that crushed oil filters may not exhibit the toxicity characteristic. No toxicity characteristic determination is necessary for oil filters destined for recycling (SEE ALSO: Section 261.4(b)(13)).
 
09/11/1991USE OF ASTM METHOD D-56 IN IGNITABILITY DETERMINATIONSMemo
 Description: Addresses the possible use of ASTM method D-56 to test the flash point of a potentially ignitable (D001) liquid as an alternative to the two methods specified in 261.21.
 
09/06/1991DETERMINATION OF THE IGNITABILITY CHARACTERISTICMemo
 Description: There is no test method for ignitable solids (D001), the generator should apply knowledge (SEE ALSO: SW-846 Method 1030 (62 FR 32451; June 13, 1997). The analyses of solids may help determine if any detectable compounds are known to be ignitable. Meeting any, not all, of the ignitability properties renders a waste hazardous. There is no specific definition of “liquid” for purposes of the Pensky-Martens closed tester (SEE ALSO: RPC# 10/20/93-01) (SEE ALSO: 60 FR 3092; June 13, 1997).
 
08/30/1991LEAD PAINT REMOVAL DEBRIS AND THE TCLP PROCEDUREMemo
 Description: Adding iron or other material to lead-based paint (LBP) removal waste (or to removal abrasive) to mask the lead (D008) characteristic is not legitimate and may subject the generator to additional liability. Whether the masking agent is added to the paint removal abrasive prior to the abatement process or added to the waste following generation is immaterial (SEE ALSO: RPC# 7/3/91-02).
 
08/30/1991UNDERGROUND INJECTION WELLS USED IN HYDROCARBON RECOVERYMemo
 Description: Groundwater reinjected through injection wells following hydrocarbon recovery at certain types of facilities is not subject to the toxicity characteristic rule until January 25, 1993. Disccusion of the rationale for extending the compliance date. OSW and the Office of Water should agree on terms of implementation.
 
08/27/1991POTENTIALLY CONFLICTING REGULATION OF INFILTRATION GALLERIES BY THE OGWDW AND OSWMemo
 Description: Injection wells and infiltration galleries are not mutually exclusive. Units that are both infiltration galleries and injection wells were included in the April 2, 1991 extension of the TC compliance date for certain injection wells (56 FR 13406). Units that are infiltration galleries (e.g., leaking surface impoundments) but are not injection wells were not included in the extension.
 
08/05/1991APPLICABILITY OF THE TOXICITY CHARACTERISTIC RULE TO UNREGULATED HEAVY METALSMemo
 Description: Certain heavy metals (e.g., vanadium, copper, zinc, nickel, tin, antimony) are not regulated constituents under the toxicity characteristic because they have not yet been assigned MCLs and EPA's fate and transport model does not fully account for the behavior of metals.
 
07/31/1991TC RULE HAZARDOUS WASTE DETERMINATIONMemo
 Description: Pulp and paper mill wastes should be sampled at an outlet from the bleach plant (point of generation), prior to commingling (mixing) with other wastestreams, to determine whether they exhibit the toxicity characteristic for chloroform (D022). The dilution of characteristic hazardous waste at a pulp and paper mill is acceptable for CWA compliance provided there is no specified method of treatment (58 FR 29860; 5/24/93). The definition of aggressive biological treatment (ABT) units for the purposes of the F037 and F038 listings does not apply to the exemption for biological treatment units from the surface impoundment minimum technical requirements.
 
07/12/1991RCRA APPLICABILITY TO POTASSIUM PERMANGANATE AND MANGANESE DISPOSALMemo
 Description: Wastewater treatment sludges from POTWs or other facilities discharging pursuant to CWA are subject to all applicable Subtitle C regulations when treated, stored, or disposed. Generally, sludges from POTWs are hazardous waste only if they are characteristic. POTW sludges are unlikely to exhibit characteristics. Spent potassium permanganate and manganese from the garment industry are unlikely to be ignitable (D001) oxidizers.
 
07/09/1991METHODOLOGIES EMPLOYED IN USED OIL SAMPLINGMemo
 Description: Discusses the 1989-1990 used oil sampling data that was gathered to support the used oil characterization effort. Used oil was analyzed for compositional characteristics and analyzed via TCLP. 7 types of used oils were analyzed. The results do not reflect regional variations as all samples, where possible, were taken from the Washington, D.C. area. Addresses the role of TCLP and other methods used in the determination (SEE ALSO: 57 FR 41566; 9/10/92).
 
07/03/1991DRAFT REGION VIII POLICY ON “AGGRESSIVE BIOLOGICAL TREATMENT”Memo
 Description: Sludges formed in aggressive biological treatment (ABT) units are not F037 or F038. Only secondary or tertiary treatment units qualify as ABT units. ABT units receiving or generating toxicity characteristic hazardous waste are subject to all applicable rules. F037/F038 sludges can be formed in ABT units that are not operating properly.
 
07/03/1991TCLP AND LEAD PAINT REMOVAL DEBRISMemo
 Description: Provides general guidance for the representative sampling of lead-based paint abatement wastes (debris and abrasives) from drums, roll off boxes, and other containers. Shipments of LBP abatement wastes from a field site (bridge repair) to a central accumulation point must generally be accompanied by a manifest. The central accumulation point must be a transfer facility or a TSDF to accept manifested hazardous waste. Generators conducting lead-based paint (LBP) abatement must test the wastes using TCLP unless they can apply knowledge to determine characteristics (SEE ALSO: 63 FR 70233, 70241; 12/18/98). If an LBP waste first tests nonhazardous in TCLP due to the masking effect of an iron abrasive but exhibits the characteristic prior to disposal, all hazardous waste regulations apply. LBP abatement wastes that are characteristic for lead may be stabilized on site during accumulation in tanks or containers without a permit.
 
06/28/1991CCA TREATED WOOD WHEN DISPOSEDMemo
 Description: The treated wood exemption applies to wood failing the toxicity characteristic for D004-D017, not just arsenic (SEE ALSO: 57 FR 30657; 7/10/92).
 
06/21/1991POSITION PAPER ON SPENT ABSORBENT MATERIALSMemo
 Description: CESQGs may dispose of hazardous waste in a sanitary or municipal solid waste landfill as long as the landfill is permitted, licensed, or registered by the state to manage municipal or industrial solid waste (SEE ALSO: 261.5(g)(3)). An absorbent and waste mixture containing a free liquid phase with a flash point less than 140 F is D001. A sorbent and waste mixture with no free liquid is D001 only if it qualifies as an ignitable solid. DOT hazard classes do not correspond directly to RCRA characteristics. The deliberate mixing of hazardous waste and absorbents to render waste nonhazardous may be treatment subject to permitting (SEE ALSO: 264.1(g)(10)) and 268.3). If an absorbent is mixed with waste that is listed solely for exhibiting a characteristic, the mixture is not hazardous waste if it does not exhibit the characteristic (SEE ALSO: 66 FR 27266; 5/16/01). A mixture of absorbent and used oil is subject to Part 266, Subpart E (SUPERSEDED: See Part 279) if destined for energy recovery.
 
06/21/1991SPENT ANTIFREEZE AND THE TOXICITY CHARACTERISTICMemo
 Description: Discusses the use of TCLP to determine if spent antifreeze exhibits the characteristic for lead. The extraction procedure (EP) and TCLP are functionally equivalent for liquid wastes, since both lead to a direct analysis of the liquid. Extraction procedure toxic wastes are a subset of all hazardous waste. Generators may apply their knowledge instead of testing.
 
06/13/1991TCLP EXTRACTIONS AS THEY APPLY TO OILY WASTEMemo
 Description: The Agency does not recommend applying the TCLP test to oily waste. If oily waste is used oil, characterization is unnecessary if going for recycling (SEE ALSO: Part 279). If the TCLP is inconclusive on oily wastes, the generators may use knowledge.
 
05/29/1991ELECTROPLATING WASTESMemo
 Description: Anode bags are spent materials when removed from electroplating bath for reclamation. Spent anode bags are both reactive (D003) and F007. Bags can be washed in an accumulation tank/container without a permit under Section 262.34. Filter media, and residue from the apparatus used to filter cyanide plating bath are D003 (reactive) and F008, but not F007. A cleaning bath that does not contain cyanides is not F009.
 
05/29/1991PARTICLE SIZE REDUCTION PROCEDURE FOR TCLP SAMPLES OF DRY CELL BATTERIESMemo
 Description: The Agency is unable to determine if sample freezing with liquid nitrogen to facilitate grinding and crushing would alter accuracy of TCLP.
 
05/21/1991APPLICABILITY OF THE TCLP TO WASTE MUNITIONSMemo
 Description: The mandatory hazardous waste determination should be based on knowledge when the application of TCLP to discarded munitions would result in an inherently unsafe situation due to the particle reduction step. The exemption from TCLP is unwarranted because generators can apply their knowledge.
 
05/09/1991SHELL OIL FACILITY - TC COMPLIANCEMemo
 Description: Infiltration galleries are not exempted by the 261.4(b)(11) groundwater injection exclusion. Treatment wastewaters from extracted petroleum-bearing groundwater are considered sludges and are not eligible for the extended toxicity characteristic compliance date (exclusion expired 1/25/93).
 
05/01/1991TCLP PARTICLE SIZE REDUCTION EXEMPTION FOR MUNITIONSMemo
 Description: Particle reduction in TCLP is unsafe for military munitions. Facilities may apply knowledge to determine characteristic.
 
04/16/1991TC RULE RELATIONSHIP TO USED OIL FILTER DISPOSALMemo
 Description: In spite of the toxicity characteristic rule, generators may still apply their knowledge to make a hazardous waste determination. They must, however, be correct in their determination. Used oil filters are subject to hazardous waste determination (SEE ALSO: 261.4(b)(13)).
 
03/27/1991DEFINING IGNITABLE LIQUIDS METHODMemo
 Description: Using one of the two test methods approved for determining ignitability is sufficient. The choice of method will depend on the nature of the waste to be tested (e.g., one method might be more appropriate given the viscosity of the waste).
 
03/26/1991SUBSURFACE FATE AND TRANSPORT MODELMemo
 Description: EPA‘s Composite Model for Landfills (EPACML) is a subsurface fate and transport model developed for national regulatory purposes, not site-specific use. EPA is proposing to use EPACML in delisting petitions. EPA discourages application of the model to site-specific corrective actions.
 
03/25/1991DILUTION OF TEST SAMPLINGMemo
 Description: TCLP is difficult to use on wastes such as oils and neat solvents because dilution step shifts detection limits are above the toxicity characteristic levels. A generator should apply knowledge in such cases. If no information is available, it would be prudent to handle it as hazardous waste (SEE ALSO: RPC# 8/14/90-01). There is no need to run TCLP on used oil that will be recycled.
 
03/19/1991MATRIX SPIKE IN TCLP PROCEDUREMemo
 Description: A matrix spike may be used in the TCLP when the contaminant concentration is completely unknown to monitor method performance and to estimate the extent of bias or interference (SEE ALSO: 57 FR 26986; November 24, 1992). A matrix spike is a predetermined quantity of certain analytes added to a sample matrix before sample extraction/preparation.
 
03/08/1991SLUDGES WITHIN SURFACE IMPOUNDMENTS, NEWLY REGULATED DUE TO TC RULEMemo
 Description: Toxicity characteristic sludges that are generated in surface impoundments are solid waste (discarded by being abandoned). The sludges are solid waste subject to regulation not only when the surface impoundment is cleaned or closed but when sludge is generated (sludges are generated at the moment of deposition at the bottom of a unit).
 
02/27/1991MOBILE TREATMENT UNITS QUALIFIED FOR INTERIM STATUSMemo
 Description: Discusses the explanation of three criteria necessary for a facility to qualify for interim status under the toxicity characteristic (TC) rule. A mobile treatment unit may qualify for interim status at more than one location. Routine movement of a mobile treatment unit from site-to-site does not require a change in interim status. The addition of waste codes to a Part A at a interim status facility is regulated by EPA due to the TC rule in an authorized state that has not adopted the TC rule.
 
02/22/1991ANALYSIS OF FLUFF MATERIALSMemo
 Description: Discusses tha analysis of fluff using TCLP v. extraction procedure (EP) and the use of different extraction fluids for TCLP.
 
02/12/1991TC APPLICABILITY TO MIXED WASTEMemo
 Description: Discusses the definition of mixed radioactive waste. Mixed waste was first subject to RCRA regulation in 1986. The toxicity characteristic does not apply to mixed waste in states with only RCRA base program authorization until the State revises its program and receives authorization for mixed waste. Discusses the status of mixed waste that fails the TCLP.
 
02/05/1991GENERATOR HAZARDOUS WASTE DETERMINATION AND THE TCLPMemo
 Description: Clarifies a letter (RPC# 11/8/90-04). A generator may always apply knowledge in determining if a waste is hazardous waste. If no information is available except for inconclusive TCLP data, it is prudent for the generator to assume that the waste is hazardous. There is no need to perform TCLP on used oil that is destined for recycling.
 
01/23/1991REGULATORY STATUS OF SOLVENT-CONTAMINATED RAGS AND WIPERSMemo
 Description: Until EPA has the resources to respond to a petition to exempt solvent-contaminated rags, wipers, and shop towels from the mixture rule, EPA believes the waste determination should be made by the state or region on a case-by-case basis since they are in the best position to make an evaluation.
 
01/08/1991LEADED PAINT SANDBLASTING WASTE TESTING USING TCLPMemo
 Description: The land disposal restrictions (LDR) regulations continue to allow the use of either the extraction procedure (EP) or the TCLP to demonstrate compliance with the treatment standards for certain lead and arsenic wastes (SUPERSEDED: see 63 FR 28556; May 26, 1998). The TCLP is only test usable for characterization and identification of toxicity characteristic hazardous waste.
 
11/09/1990PETROLEUM-CONTAMINATED MEDIA AND DEBRIS DEFERRAL FROM THE TOXICITY CHARACTERISTICMemo
 Description: The petroleum contaminated media deferral does not apply to D001-D017. There is no need to run TCLP to determine if wastes are D018 - D043, provided the wastes are generated as part of UST corrective action.
 
11/08/1990APPLICABILITY OF THE TCLPMemo
 Description: TCLP is inappropriate for certain matrices, like oils and neat solvents. Dilution step shifts detection limits are above regulatory levels. If that is the case, the generator must assume that the waste is hazardous (SEE ALSO: RPC# 3/25/91-01). TCLP must be used to obtain the extract.
 
11/08/1990BIAS CORRECTION APPLIED TO THE TCLPMemo
 Description: Whenever the TCLP is used, all the requirements in the procedure must be met. All results should be corrected for bias, even if below standard. Spike matrix recovery is a bias correction tool (SEE ALSO: 57 FR 26986; November 24, 1992). Data collected before September 25, 1990 need not be corrected for bias per toxicity characteristic rule. The owner/operation may be held liable for the proper disposal of improperly characterized waste.
 
11/01/1990QC REVIEW OF PERMIT DATAMemo
 Description: A matrix spike assists in ascertaining and correcting co-extracted artifacts (analytical bias) and tests laboratory conditions. Discusses performance of matrix spike recovery for TCLP analytes (SEE ALSO: 57 FR 26986; November 24, 1992).
 
10/30/1990USED OIL FILTERS - REGULATION; USED OIL FILTERS, REGULATORY DETERMINATIONMemo
 Description: Crushing a filter to remove used oil (UO) is exempt if the removed UO is recycled (SUPERSEDED: see 261.6(a)(4) and 279.10(c)). Generally, used auto oil filters are not containers because they are not storing oil. Filters are not empty containers. A filter with UO removed is exempt scrap metal if it is recycled. Undrained, uncrushed filters have too much oil for the scrap metal exemption (SEE ALSO: 261.4(b)(13)). TCLP is performed on UO filters by crushing, cutting, or grinding filters and their contents until the pieces are smaller than one cm in the narrowest dimension. A characteristic UO filter that is sent for disposal is subject to regulation (SUPERSEDED: see 261.4(b)(13)).
 
10/01/1990REGULATORY STATUS OF PETROLEUM CONTAMINATED MEDIA AND DEBRIS UNDER THE TOXICITY CHARACTERISTIC UST TEMPORARY DEFERRALQuestion & Answer
 Description: The Section 261.4(b)(10) exclusion applies to media and debris from UST corrective action. The exclusion does not apply to sludge removed from UST during remediation. The exclusion does not apply to media and debris that exhibit the toxicity characteristic for D003-D017.
 
10/01/1990TC RULE - IMPLEMENTATIONMemo
 Description: Discusses the potential impact of the toxicity characteristic final rule on reinjection of petroleum-contaminated groundwater, solvent-contaminated chlorofluorocarbons (CFCs), automobile and appliance fluff, oil-contaminated media, and off-site crude oil reclaimers.
 
09/20/1990SQG COMPLIANCE WITH TC RULEMemo
 Description: A fuel oil leak from a household tank is exempt household hazardous waste (HHW). EPA does not determine if a particular waste is characteristic. The hazardous waste determination is the generator’s responsibility. SQGs that are newly subject due to the toxicity characteristic (TC) rule had until 11/2/90 to notify the region. SQGs were granted an additional three months to comply with the TC Rule. Spilled petroleum products that are reclaimed from contaminated soil and used to produce fuels are not solid wastes.
 
09/01/1990PRETREATMENT OF CHARACTERISTIC WASTES SUBJECT TO LAND DISPOSAL RESTRICTIONSQuestion & Answer
 Description: If ignitable characteristic waste (D001) is pretreated by dividing it into solid and liquid phases, the solid phase is no longer regulated if not characteristic. Phase separation is considered a new point of generation. Notification and certification requirements do not apply to the solid phase. Separation may be acceptable pretreatment if the liquid phase is treated to meet treatment standards.
 
08/24/1990LEAD AND ARSENIC WASTES TREATMENT STANDARDSMemo
 Description: Either the TCLP or extraction procedure (EP) can be used to demonstrate compliance with land disposal restrictions (LDR) treatment standards for lead and arsenic (SUPERSEDED: see 63 FR 28556; May 26, 1998). EP is no longer used for purposes of hazardous waste identification.
 
08/24/1990SPENT ANTI-FREEZE COOLANT REGULATORY STATUSMemo
 Description: Waste antifreeze coolant (ethylene glycol) is not a listed hazardous waste (HW) but is a solid waste if intended for discard. The generator must determine if it is characteristic, by testing the waste or applying knowledge. Anecdotal evidence indicates that used antifreeze may exhibit the toxicity characteristic for lead, as determined using the EP (extraction procedure).
 
08/17/1990USED OIL FILTERS CLASSIFICATIONMemo
 Description: If the extract from the TCLP-tested used oil filter equals or exceeds the regulatory levels for any hazardous constituent the filter is a hazardous waste. Filters that have been drained are less likely to be hazardous (SEE ALSO: Section 261.4(b)(13)).
 
08/14/1990TCLP APPLICABILITYMemo
 Description: The use of TCLP to evaluate solid waste prior to the effective date of TCLP is valid. Addresses the use of matrix spike recovery. TCLP is difficult to apply to oily or solvent matrices. In the absence of usable data, it is safest to assume the material is a hazardous waste (SEE ALSO: RPC# 3/25/91-01).
 
08/13/1990USED OIL AS A DUST SUPPRESSANTMemo
 Description: Discusses the restrictions on the use of used oil (UO) as a dust suppressant (SUPERSEDED: see 279.12(b)). Toxicity characteristic used oil must not be used as a dust suppressant (SEE ALSO: 279.82).
 
08/01/1990POINT OF GENERATIONQuestion & Answer
 Description: Co-mingled corrosive wastes (D002), which neutralize each other subsequent to the point of generation are individually subject to land disposal restrictions (LDR) (SUPERSEDED: wastes discharged under the CWA are not subject to land disposal restrictions; SEE ALSO: 61 FR 15660; 61 FR 33681).
 
07/31/1990MULTI-SOURCE LEACHATE AND TREATMENT STANDARDS OF LAND DISPOSAL RESTRICTIONSMemo
 Description: Waste codes not required on the manifest. A TSDF may rely on waste analysis data from the generator, but the TSDF must periodically test representative samples. A lab may certify for land disposal restrictions (LDR) as representative of the waste handler. Waste analysis parameters. Stabilization of cyanide to reduce leachability is an inappropriate treatment and generally impermissible dilution. No dilution of toxicity characteristic wastes if land disposed. Generators must determine characteristics. If a listed treatment standard addresses the characteristic, it operates in lieu of characteristic (even if less stringent). Prohibited waste only placed in a minimum technological requirement (MTR) surface impoundment if meets treatment standards, variance or extension, or 268.4. Notice and certification for de-characterized waste is sent to the implementing agency. F039 HSWA. Permitted TSDFs with F039 submit Class 1 modification by 8/8/90. Lab packs must be burned in Subpart O incinerator, not cement kilns.
 
07/30/1990SUBMARINE REACTOR COMPARTMENTS - LAND DISPOSAL RESTRICTIONSMemo
 Description: Lead reactor compartments may meet the land disposal restrictions (LDR) treatment standard of macroencapsulation for D008, radioactive lead solids as generated. Compliance with the technology-based standard does not require that waste undergo TCLP analysis.
 
07/19/1990ELECTRIC UTILITY POLESMemo
 Description: Utility poles may exhibit the toxicity characteristic (TC) for organic constituents and trigger hazardous waste regulation. A generator of used utility poles removed from ground must determine if poles exhibit a characteristic of hazardous waste.
 
07/11/1990LOSS OF INTERIM STATUS FROM NEWLY IDENTIFIED TC WASTESMemo
 Description: Discussion of loss of interim status (LOIS) dates for TSDFs subject to toxicity characteristic (TC) rule (55 FR 11798; 3/29/90). A facility that obtained interim status for the new TC waste is subject to federal requirements until the state is authorized for TC. Discussion of federal versus state regulation of TSDFs in authorized states that have not adopted TC rule. 3010 notification not required for facility that commenced treatment, storage or disposal after 6/27/90 but before 9/25/90.
 
07/11/1990NEWLY IDENTIFIED WASTE STREAMS AS A RESULT OF NEW TCMemo
 Description: Discuses the loss of interim status (LOIS) dates for TSDFs subject to the toxicity characteristic (TC) rule (55 FR 11798; March 29, 1990). A facility that obtained interim status for new TC waste is subject to federal requirements until the State is authorized for the TC rule. Discusses federal v. state regulation of TSDFs in authorized states that have not adopted the TC rule. RCRA Section 3010 notification is not required for a facility that commenced treatment, storage or disposal after June 27, 1990 but before September 25, 1990.
 
07/03/1990CREOSOTE TREATED CROSS-TIES DISPOSALMemo
 Description: Creosote-treated railroad cross ties are solid waste when intended for discard. They are not covered by any listing. Although cresols and phenolic compounds are in the toxicity characteristic, commenters suggest creosote-treated cross ties unlikely to exhibit any characteristic.
 
07/01/1990TOXICITY CHARACTERISTIC WASTE PART B PERMIT APPLICATION DEADLINESQuestion & Answer
 Description: Discusses Part A and Part B permit application deadlines for newly regulated land disposal facility and other types of facilities after promulgation of toxicity characteristic (TC) rule, and the definition of land disposal facility.
 
06/29/1990AGITATE SAMPLES EVALUATED USING METHOD 1110Memo
 Description: No quantitative guidance on when and to what extent waste should be agitated to ensure homogeneity during the steel coupon test for corrosivity. Non-homogeneous liquids should be agitated by mechanical means. For homogeneous liquids of low viscosity, thermal currents may be sufficient.
 
06/27/1990SECONDARY MATERIALS RECYCLED IN PHOSPHORIC ACID RECIRCULATING SYSTEMSMemo
 Description: Corrosive (D002), low-volume secondary materials (e.g., precipitates and spilled materials) that are recycled in a phosphoric acid plant’s recirculating water systems may cause entire system to be regulated if there is continued circulation of corrosive secondary materials.
 
06/25/1990LEAD-BEARING WASTES TREATMENT STANDARDSMemo
 Description: The TC (toxicity characteristic) is effective 9/25/90. There are different TC compliance dates for LQG (9/25/90) and SQG (3/29/91). D008 (lead) wastes that fail TCLP but pass EP (extraction procedure) are considered in compliance with D008 treatment standard and can be land disposed (SUPERSEDED: see 63 FR 28556; 5/26/98).
 
06/20/1990CLARIFICATION OF SPENT SOLVENT LISTINGSMemo
 Description: If the total of all F001, F002, F004, or F005 solvents before use is 10% or more by volume, the waste from using solvent is listed and carries all applicable codes. F001-F005 codes can apply even if each F001-F005 constituent is under 10%. Trichloromethane (chloroform) is U044 or D022, not F-listed.
 
06/14/1990ADOPTION OF TCLP FOR DELISTING DEMONSTRATIONSMemo
 Description: Notification to petitioners that, after finalization of toxicity characteristic rule, TCLP data will be required in all delisting petitions instead of extraction procedure (EP) data (SEE ALSO: 261.24).
 
06/14/1990PERSONAL PROTECTIVE GEAR DISPOSALMemo
 Description: Lead-contaminated personal protective equipment (PPE) or gear is subject to land disposal restrictions (LDR). Hazardous waste eligible for a national capacity variance may be disposed without treatment in a minimum technological requirement (MTR) landfill or surface impoundment if the waste is below California list prohibition levels (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
05/08/1990Environmental Fact Sheet: Final Rule for Third Third Scheduled Wastes Completes Statutory Requirements for Land Disposal RestrictionsPublication
 Description: This fact sheet explains the fifth in the series of five land disposal restrictions (LDR) rulemakings. This rule establishes treatment standards and effective dates for Third Third wastes, including characteristic wastes and soft hammer wastes from the First and Second Third lists. The treatment standards apply to hazardous wastes that are land disposed, including those injected into deep wells.
 
04/20/1990CLASSIFYING MERCURY-CONTAINING PAINTS AS HAZARDOUS WASTESMemo
 Description: Mercury-containing paint discarded by homeowners is exempt household HW. Mercury-containing latex paint usually exhibits the toxicity characteristic when properly tested. The statement that paint will not exhibit mercury characteristic unless concentration exceeds 540 ppm is incorrect.
 
04/12/1990CADMIUM WASTES FROM MILITARY COATING MATERIALSMemo
 Description: Cadmium wastes from coating materials and spent sacrificial anodes generated by military operations may be F-listed electroplating, heat treating, or aluminum conversion coating wastes (F006, F019, F007, F008, F009, F010, F011, F012) or may exhibit EP (extraction procedure) Toxicity for cadmium (SUPERSEDED: see Section 261.24).
 
04/05/1990DIMETHYL BENZENE-LISTING CLARIFICATIONMemo
 Description: Benzene dimethyl (U239, CAS No. 1330-20-7), a synonym for xylene, is listed for ignitability only (typographical error in CFR). The 4/22/88 Federal Register (53 FR 13382) added CAS numbers and chemical synonyms to P- and U-lists.
 
03/01/1990USED OIL USED FOR DUST SUPPRESSION OR ROAD TREATMENTQuestion & Answer
 Description: Used oil that exhibits the toxicity characteristic is prohibited from placement on the land for dust suppression or road treatment. The use of used oil for dust suppression or road treatment is use in a manner constituting disposal (SEE ALSO: 279.82).
 
03/01/1990USED OIL USED FOR DUST SUPPRESSION OR ROAD TREATMENTQuestion & Answer
 Description: Used oil that exhibits the toxicity characteristic is prohibited from placement on the land for dust suppression or road treatment. The use of used oil for dust suppression or road treatment is use in a manner constituting disposal (SEE ALSO: Section 279.82).
 
02/22/1990D001 CHARACTERISTIC WASTES - LAND DISPOSAL RESTRICTIONSMemo
 Description: Waste cannot be disposed of unless treated to land disposal restrictions (LDR) treatment standards, disposed in no-migration unit, or subject to exemption or variance from treatment standards. D001 ignitable waste must be treated to treatment standard before disposal. There are special requirements for ignitable wastes placed in a surface impoundment, landfill, waste pile, and land treatment unit.
 
02/16/1990IGNITABILITY OR CORROSIVITY TESTING-LIQUID AND AQUEOUS DEFINITIONMemo
 Description: No mandatory test for determining liquid and aqueous for ignitability (D001) and corrosivity (D002) characteristic testing. Paint filter liquid test (PFLT) Method 9095 may be used. Method 9095 is not appropriate for toxicity characteristic.
 
02/14/1990END-USERS OF CHLORDIMEFORM EXEMPTIONMemo
 Description: Chlordimeform not listed, but may be ignitable (D001). Not subject to regulation if returned to the manufacturer for resale or reclamation. If there is a valid market, continued use as product is not solid waste (SW). The burden of proof is on the party making the claim. Canceled pesticides are SW if discarded (abandoned), intended for discard, or fuel.
 
01/30/1990IGNITABILITY CHARACTERISTIC TESTING FOR SOLIDSMemo
 Description: There is no test method for ignitable solids (D001), only narrative definition (SEE ALSO: SW-846 method 1030 finalized in the June 13, 1997 Federal Register (62 FR 32451)).
 
01/15/1990Environmental Fact Sheet: Final Rule to Identify the Status of Twenty Mineral Processing Wastes Conditionally Retained within the Bevill AmendmentPublication
 Description: Identifies the 5 wastes removed from exclusion and the 15 wastes remaining within exclusion. Wastes no longer covered by Bevill exclusion will be evaluated for hazardous characteristics. Wastes exhibiting one or more characteristics of hazardous waste must be managed according to RCRA Subtitle C requirements.
 
12/13/1989DIGESTION OF EP AND TCLP EXTRACTS PRIOR TO METAL ANALYSISMemo
 Description: For Method 1310 (extraction procedure) (EP) and Method 1311 (TCLP) the extracts should be digested prior to metal analysis if waste contains phases or if the waste precipitates during cold storage.
 
11/17/1989NITRIC ACID WASTE CHARACTERIZATIONMemo
 Description: While Federal regulations do not require waste codes on the manifest, nitric acid waste that is both ignitable (D001) (i.e., an oxidizer) and corrosive (D002) must be managed in compliance with all special requirements for D001 (e.g., 264.17) and D002 wastes. A waste exhibiting two characteristics carries two waste codes.
 
11/03/1989BLAST SLAG TESTING PROCEDURESMemo
 Description: Discusses representative sampling for blast slag generated at lead recycling facilities for purposes of extraction procedure (EP) (SUPERSEDED: see Section 261.24).
 
10/05/1989DEFINITION OF A LIQUID AS IT APPLIES TO IGNITABLE AND CORROSIVE WASTES; LIQUID AS IT APPLIES TO IGNITABLE OR CORROSIVE WASTESMemo
 Description: The definition of liquid depends on the specific regulatory application for ignitable (D001), corrosive (D002), and extraction procedure (EP) (SUPERSEDED: see 261.24). For toxic wastes, liquid is defined as the material expressed from the waste in Step 2 of Method 1310. Liquids produced from paint filter test are generally also liquids under Method 1310 (SEE ALSO: 60 FR 3092; January 13, 1995). Only wastes containing a liquid component are subject to the flash point test (ignitability (D001)) and the pH test (corrosivity (D002)). Method 9095 is used to determine if a waste is prohibited from disposal in a landfill for containing free liquids. Method 9096 is a draft procedure for determining if adsorbents contain releasable liquids. Adsorbents containing releasable liquids are prohibited from disposal in a landfill by HSWA.
 
10/03/1989PETITION TO WITHDRAW K090 AND K091 LISTINGSMemo
 Description: K090 and K091 cover waste generated by air pollution control devices from ferrochromium or ferrochromium silicon production furnaces. K090 and K091 are listed for total chromium (Cr). As of 1989, there is no plan to remove listings since new data show trivalent Cr may be a carcinogen. EPA is considering removing the 261.4(b)(6) exclusion for wastes containing trivalent chromium. EPA will not remove listed waste from regulation based solely on whether or not waste exhibits toxicity characteristic. In making delisting decisions, EPA considers whether waste meets any of the criteria for which it was originally listed, as well as additional constituents and factors.
 
09/28/1989OFF-SPEC COMMERCIAL CHEMICAL PRODUCTS AT BOTTLING FACILITYMemo
 Description: Product solvent that is discarded because it was contaminated with another product while being containerized is an off-specification CCP and is a P-listed or U-listed waste if the solvent is listed in 261.33. RCRA waste codes and regulations applicable to wastes do not necessarily correspond to DOT hazardous material descriptions. Wwastes are defined as hazardous under RCRA, in part, based on characteristics, such as ignitability (D001) and corrosivity (D002).
 
08/25/1989CLARIFICATION ON THE SCOPE OF K088Memo
 Description: K088 only applies to the carbon portion of the aluminum potliner inside an electrolytic reduction cell. Other portions of the pot containing "significant levels of free cyanide" may be reactive (D003).
 
08/17/1989SCRAP DENTAL AMALGAMMemo
 Description: Dental silver amalgam is not specifically listed as a hazardous waste. The American Dental Association (ADA) research suggests amalgam does not exhibit extraction procedure (EP) toxicity (SUPERSEDED: See 261.24), but the burden of determination is ultimately the generator's. ADA data could be the basis of a determination by knowledge. CERCLA 107 liability is independent of the material’s regulatory status under RCRA.
 
08/02/1989CHLOROFLUOROCARBONS (CFCS) AS REFRIGERANTS, RECYCLING OF SPENTMemo
 Description: Used CFC refrigerants are not hazardous waste F001 or F002 because they were not used as solvents, and are not U121 because they have been used. Such wastes are only hazardous if characteristic (SEE ALSO: 261.4(b)(12)).
 
08/01/1989WASTE IDENTIFICATION OF DISCARDED THERMOMETERSQuestion & Answer
 Description: An unused mercury thermometer is not U151 when discarded. A thermometer is considered a manufactured article, not CCP. EPA did not intend for P and U-lists to apply to manufactured articles containing chemicals listed in Section 261.33. Thermometers are hazardous waste if they fail toxicity characteristic for mercury. (SEE ALSO: 70 FR 45508; 8/5/05)
 
07/20/1989LIQUID, FREE LIQUID, RELEASABLE LIQUID DEFINITIONSMemo
 Description: Liquid for purposes of corrosivity (D002) determined by Method 1310 (extraction procedure (EP)). The definition of free liquid applies to the prohibition of liquids in landfills. Definition of releasable liquid applies to absorbent materials that might release liquids (SEE ALSO: current Sections 264.314(e), and 265.314(f)).
 
06/30/1989DENTAL AMALGAM DISPOSALMemo
 Description: Dental amalgam is not specifically listed, so the generator is responsible for determining the applicability of hazardous waste characteristics. Silver and mercury are of particular concern. EPA has no plan to develop specific rules regarding the recycling of dental amalgam.
 
05/17/1989SCRAP AMALGAM FILLINGS FROM DENTISTS, DISPOSAL OFMemo
 Description: Dental amalgam is hazardous if it exhibits extraction procedure (EP) toxicity for lead or silver (SUPERSEDED: See 261.24). Most dentists are probably classified as CESQGs.
 
05/12/1989PROCEDURE FOR APPLYING EP TOXICITY TEST TO BLAST SLAG AT SECONDARY LEAD SMELTERSMemo
 Description: Discussion of the proper procedure for testing blast slag at secondary lead smelter according to extraction procedure (EP) toxicity test (SUPERSEDED: See 261.24). Reconciliation of particle reduction step with structural integrity requirement.
 
04/20/1989EP TOXICITY LEVEL FOR BARIUM IN DRINKING WATERMemo
 Description: The regulatory levels for extraction procedure (EP) toxicity depend on both MCLs and a fate and transport factor of 100 (EP toxicity levels are equal to 100 times the MCLs). Therefore, a change to the MCL for barium would not automatically merit a change to the extraction procedure regulatory level (SUPERSEDED: See 261.24).
 
04/14/1989REGULATORY STATUS OF SPENT IGNITION TUBES AFTER SENT FOR RECLAMATIONMemo
 Description: Used ignitron tubes sent off-site for mercury reclamation are spent materials and solid wastes, not commercial chemical products (CCPs). The purity of the mercury within the tube is not a consideration when determining whether the ignitron tube itself meets the definition of spent material (the tube is what becomes spent). If mercury is removed from the tube on-site and only mercury is sent for direct reuse or further refining, mercury is product and not solid waste.
 
02/22/1989REGULATORY STATUS OF SOLVENT, “ULTIMA-GOLD”Memo
 Description: Unused solvent is only subject to regulation as a discarded material when abandoned (i.e., disposed or incinerated) or recycled by being burned for energy. A CCP that is abandoned is a solid waste, while a CCP being reclaimed is not a solid waste. The transportation and sale of unused solvent, Ultima-Gold, is not subject to Subtitle C because it is a product rather than a discarded material. The material safety data sheet for solvent product "Ultima-Gold" indicates potential to be corrosive (D002) and reactive (D003). The product "Ultima-Gold" does not exhibit ignitability (D001) or extraction procedure (EP) toxicity (SUPERSEDED: See 261.24). A product solvent only meets P-listing or U-listing if the chemical on the P-list or U-list serves as the product's sole active ingredient.
 
01/27/1989TOTAL CONCENTRATION USED TO DEMONSTRATE A WASTE DOES NOT EXHIBIT THE CHARACTERISTIC OF EP TOXICITYMemo
 Description: The maximum theoretical leachate concentration limits for TCLP can be calculated from the results of a total waste analysis of liquid wastes, solid wastes, and dual-phase wastes using a specific formula. Discusses the maximum theoretical extract concentration (MTEC) (SEE ALSO: RPC# 1/1/94-01).
 
01/25/1989FLUFF ANALYSIS/SAMPLESMemo
 Description: The extraction procedure (EP) (SUPERSEDED: see 261.24) analyses of fluff should be conducted after samples have undergone the appropriate size reduction. The extraction procedure does not require the size reduction of materials whose ratio of surface area to weight is greater than 3.1 cm2/g (e.g., pieces of fabric or wire).
 
12/01/1988CLOSED LOOP RECYCLINGQuestion & Answer
 Description: Addresses the closed-loop exemption for secondary materials when reclaimed and returned to the original process in which they were generated. A portion of the secondary material that is returned to the original process is exempted from the definition of solid waste. A portion of the secondary material which is discarded is a solid waste. Discusses a mixture of ignitable gases and liquids that are being reclaimed.
 
11/21/1988FLUFF RESIDUALS FROM FERROUS METALS RECYCLING (AUTOMOBILE SHREDDING)Memo
 Description: Fluff residual from automobile shredding may commonly exhibit extraction procedure (EP) toxicity (SUPERSEDED: See 261.24) for lead. Other metals of concern include cadmium and chromium. PCB contamination may subject the fluff to additional regulation under TSCA. Hazardous waste fluff is subject to California list if it equals or exceeds halogenated organic compound (HOC) prohibition levels (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
11/04/1988GENERATION AND TREATMENT OF K044 WASTEMemo
 Description: K044 (listed solely for exhibiting a characteristic) that no longer exhibits the reactivity characteristic after being treated in a facility’s wastewater treatment system is no longer K044, but must be designated as a hazardous waste if it exhibits another characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01).
 
10/19/1988MULTIPLE EXTRACTION PROCEDURE, METHOD 1320Memo
 Description: For the multiple extraction procedure (Method 1320), the weight of the wet material remaining after each extraction procedure (EP), not the original dry weight, is used to calculate the 20:1 liquid to solid ratio. Method 1320 is trying to predict the effect on the waste in a landfill that is subject to rain for a long period of time.
 
09/19/1988QUESTIONS AND ANSWERS REGARDING THE HANDLING OF EXPLOSIVES AND COMMERCIAL FUELSMemo
 Description: Off-specification fuel (i.e., jet fuel, kerosene, gasoline) used to burn planes during a fire training exercise is not subject to regulation. The resulting soil contamination may later be subject to federal cleanup authorities. Law enforcement agents (BATF) transporting and detonating bombs and other reactive wastes may be exempt from RCRA Subtitle C regulation if the action is an immediate response. If it is not an immediate response, an emergency permit may be required (SEE ALSO: 62 FR 6622; 2/12/97). Dropping munitions on land and detonating bombs is not discard and is not regulated because it is the normal pattern of use. Unexploded ordnance or bullets removed from a firing range and sent for destruction via open burning/open detonation (OB/OD) are wastes subject to regulation. The open burning of hazardous waste (other than explosives) is prohibited (SEE ALSO: 62 FR 6622; 2/12/97).
 
09/13/1988REACTIVE WASTE - EXPLOSIVITYMemo
 Description: Reactive characteristic hazardous wastes (D003) fall under DOD Hazard Classes 1.1, 1.2, and 1.3, not 1.4.
 
09/09/1988IGNITABILITY CHARACTERISTIC, DEFINITION OF UNDER STANDARD TEMPERATURE AND PRESSUREMemo
 Description: A waste need not be evaluated for a flash point if it is not a liquid at standard temperature (20C/68F) and pressure (1 atmosphere). Polystyrene production distillation still bottom tar is not a liquid at standard temperature and pressure and, for purposes of ignitability characteristic, need be evaluated only against 261.21(a)(2) criterion.
 
07/29/1988CEMENT KILN DUST WASTEMemo
 Description: Cement kiln dust (CKD) is not a hazardous waste (SEE ALSO: 60 FR 7366; 2/7/95). A mixture of exempt cement kiln dust with corrosive liquid (D002) will result in a nonhazardous waste if the mixture no longer exhibits any characteristic (SEE ALSO 261.3(d)(1)). Mixing is considered treatment. No permit is required for treatment performed in generator accumulation tanks subject to 262.34.
 
07/21/1988CHLOROFLUOROCARBON RECYCLINGMemo
 Description: Used refrigerants meet the definition of a spent material. Used CFC refrigerant is not F-listed spent solvent but may exhibit a characteristic. Used refrigerant is not U121 or U075 because it has been used. The P-listings and U-listings do not apply to used chemicals. Cylinders containing used refrigerants to be reclaimed are solid waste (SW). Generators may use knowledge of similar operations at different facilities to characterize waste (SEE ALSO: 261.4(b)(12)). An owner of refrigeration equipment and a company or individual performing servicing may be generators of used refrigerant waste (i.e., cogenerators).
 
06/02/1988DISCARDED CLASS C EXPLOSIVESMemo
 Description: Only class C explosives designated as off-specification small arms ball ammunition (=.50 caliber) are not reactive (D003). Any other class C explosives, including small arms non-ball ammunition, may be hazardous waste. The generator is responsible for characterization.
 
05/27/1988SOIL BACKGROUND LEVELS AS CLEAN CLOSURE STANDARDS, USE OFMemo
 Description: Clean closure levels for surface impoundments, waste piles, and land treatment units must be based on EPA-recommended exposure levels or factors that have undergone peer review by EPA. Where no health-based levels exist, clean closure levels are based on background or exposure levels submitted by the owner based on toxicity data. Includes recommendations for clean closure levels for lead and cadmium. Lead background levels should be established by taking soil samples at an uncontaminated area of the facility or by using published literature data on lead levels in similar soils (SUPERSEDED: see RPC# 5/7/90-01).
 
05/18/1988COLORED GLAZE SOLIDS COLLECTED IN POTTERY MANUFACTURING OPERATIONSMemo
 Description: Extraction procedure (EP) (SUPERSEDED: See 261.24) toxic glazes incorporated into pottery are not solid wastes because they are used as an ingredient in an industrial process to make a product.
 
05/02/1988CALIFORNIA AUTHORIZATION - EVALUATION OF THE WASTE EVALUATION TESTMemo
 Description: California’s waste extraction test (WET) is equivalent to the extraction procedure (EP) for the toxicity characteristic. WET may be broader in scope (cover more waste) rather than more stringent (tighter control over covered waste) and thus affect EPA enforcement and authorization of California’s RCRA program.
 
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.
 
04/29/1988ELEMENTARY NEUTRALIZATION EXEMPTIONMemo
 Description: Sumps, as defined in 260.10, are tanks. A neutralization sump and ancillary equipment handling corrosive-only wastewater qualify for the elementary neutralization unit (ENU) exemption.
 
04/14/1988APPLICABILITY OF SOLVENT AND ELECTROPLATING LISTINGSMemo
 Description: Discarded paint, residues (scrubber water) with a solvent ingredient are not F-listed, but may be characteristic. Paint stripper is a solvent use. A sludge from metal cleaning wastewater associated with electroplating is F006. Routine cleaning, stripping not normally associated with electroplating. The purpose of cleaning, not the location, determines if associated. Metal stripping is part of electroplating. Stripped paint waste listed solely for a characteristic (F003) mixed with a solid waste is hazardous only if it is characteristic (SEE ALSO: 66 FR 27266; 5/16/01). Discussion of mixture rule wastewater exclusions (SEE: 261.3(a)(2)(iv)). F007-F009 are for cyanide electroplating solutions or where cyanides are used in the process. A spent stripping bath itself might also be F001-F005. The scale and size of aluminum chemical conversion coating operation does not affect F019.
 
03/30/1988SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: Samples taken from turbid groundwater may not be valid. Proper well development requires that wells be clay and silt free. Discusses the use of polyvinyl chloride (PVC) in well construction, the calculation of purge volume, and Part 264, Appendix IX. An accelerated groundwater monitoring schedule can be used to bring a facility into compliance. The maintenance of a groundwater monitoring network may include the redevelopment of a well. Well maintenance should be included as a permit condition. Replacement units (e.g. landfills and surface impoundments) must be retrofitted to meet the minimum technological requirements. If a proposed alternative to a double liner does not meet the requirements of 264.221(c), the location characteristics or operating practices must compensate for the deficiency. A redundant flexible membrane bottom liner may be equivalent to the 3004(o)(5)(B) interim statutory design, thus meeting the 3004(o)(1) minimum technological requirements. Addresses the use of the Hydrologic Evaluation of Landfill Performance (HELP) model v. Moore’s Equation for calculating leachate volume when designing a collection system, the proposed modifications to the cap design to reduce erosion potential, and the use of a test plot to support alternative landfill design cover. A high-density polyethylene liner must be supported by a stable base. An owner of a petroleum refinery undertaking a land treatment demonstration must fully characterize the waste, including addressing the Skinner List constituents in the waste analysis plan. A properly conducted land treatment demonstration should include an evaluation of the waste degradation, transformation, and immobilization, as well as a toxicity study. A land treatment unit cannot accept sludges containing high concentrations of water if the soil moisture conditions cause saturation of the unit. Discusses the selection of principal hazardous constituents for a land treatment unit. An owner of a land treatment unit who has not demonstrated satisfactory treatment of hazardous constituents may need to close the unit. Addresses the presence of a high water table at a land treatment unit and the possible responses. An owner of an existing interim status land treatment unit may be eligible for an immediate full-scale permit if the land treatment demonstration addresses all of the necessary requirements. In states that are authorized for the RCRA base program but not for the HSWA provisions, construction cannot begin at a new facility until both the state and EPA permits are issued. The land disposal restrictions (LDR) program is a self-implementing portion of HSWA, superseding the permit as a shield provision. Permit content should be edited for applicability, importance, clarity, and precision prior to issuance. A minimum detection limit (MDL) can be used to establish background as a groundwater protection standard. Any component required in a RCRA facility investigation (RFI), such as monitoring releases not requiring immediate response, should be included as a permit condition. Monitoring wells installed as part of a HSWA corrective action may be designated as point of compliance wells. Permits containing corrective action conditions for groundwater treatment programs must specify methods of handling groundwater containing hazardous waste and must include pumping and removal requirements. Air stripping may not be an appropriate treatment method for groundwater contaminated with methyl isobutyl ketone. A permit or 3008(h) order should address the air emissions from treatment units such as an air stripper. Includes criteria for the referral of facilities to the Agency for Toxic Substances aND DISEASE REGISTRY (ATSDR) UNDER 3019. Emerging technologies, such as in-situ bio-reclamation, should be demonstrated as effective in pilot-scale field studies prior to approval. 264 Subpart F compliance monitoring standards should be applied to the verification monitoring at solid waste management units (SWMUs) during corrective action. A HSWA corrective action pe
rmit may include a technical feasibility clause discontinuing the program once contaminant levels can no longer be reduced. EPA discourages the approval of a waiver allowing the disposal of nonhazardous waste in a landfill that has lost interim status.
 
03/24/1988REGULATORY STATUS OF ECOSCINT A AND ECOSCINT OMemo
 Description: Liquid scintillation cocktails Ecoscint A and O are not listed, EP (extraction procedure) toxic (SUPERSEDED: See 261.24) or ignitable (D001), but data provided are not sufficient to make corrosivity (D002) or reactivity (D003) determination (SEE ALSO: RPC# 3/1/89-04). The generator is responsible for the hazardous waste determination.
 
03/09/1988PROPOSED BEST DEMONSTRATED AVAILABLE TECHNOLOGY (BDAT) FOR K061 WASTEMemo
 Description: Zinc oxide collected in a baghouse that is sold as a product is no longer derived from K061. Calcining residuals from K061 wastes may exhibit a characteristic. The use of a K061 treatment residual as roadbed and anti-skid material is use in a manner constituting disposal (SEE ALSO: 266.20(c), 59 FR 67256; 12/29/94). The K061 treatment standards are performance standards that are based on a Best Demonstrated Available Technology (BDAT) of high temperature metals recovery (HTMR). EPA does not require or recommend the use of any specific class of high temperature metals.
 
02/22/1988WASTES CONTAINING F001-F005 CONSTITUENTSMemo
 Description: A mixture with hazardous waste (HW) that is listed solely for a characteristic is not HW if the mixture is not characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). A mixture of F001, D001 carries all applicable codes. A listed solvent constituent in a wastestream does not automatically render a waste HW. It is HW only if it meets the F001-F005 descriptions. If it is HW, it is subject to the land disposal restrictions (LDR). If a transporter mixes wastes of different DOT shipping descriptions, the transporter becomes the generator of new waste.
 
02/10/1988RESIDUALS GENERATED BY PROCESS FOR SEWAGE SLUDGE TREATMENTMemo
 Description: The generator of residuals from treating sewage sludge must determine if the residuals are characteristic hazardous waste. The determination can be made by testing or by applying knowledge of the materials and processes. EPA does not endorse or support specific processes.
 
12/31/1987TOTAL CONSTITUENT ANALYSIS TO DETERMINE HAZARDOUS CHARACTERISTICS OF WASTE SAMPLEMemo
 Description: Discusses the applications of totals analysis in lieu of TCLP. If guidance levels of the compound are not exceeded assuming 100% leachability, no further analysis is required. Provides the 100% leachability formula. Addresses the maximum theoretical extract concentration (MTEC) (SEE ALSO: RPC# 1/1/94-01).
 
12/07/1987HYDROGEN SULFIDE WASTE IN SURFACE IMPOUNDMENT - REACTIVITY CHARACTERISTICMemo
 Description: Addresses the narrative definition for reactive sulfide waste. Discusses interim guidance that wastes releasing more than 500 mg H2S/Kg of waste should be considered hazardous for the reactivity characteristic (D003) (SUPERSEDED: see RPC# 4/21/98-01).
 
12/04/1987ALLOWABLE HOLDING TIMES WHEN TESTING RCRA SAMPLESMemo
 Description: Discusses the holding time determination for RCRA samples. The holding time begins when the sample is generated. Addresses the holding times for the extraction procedure (EP) analysis, for volatile organics in groundwater using Method 8010, and semi-volatile organics in groundwater using Methods 3510 and 8270.
 
12/03/1987PAINT FILTER LIQUIDS TEST USED TO DETERMINE COMPLIANCE WITH THE CALIFORNIA LIST RESTRICTIONSMemo
 Description: EPA is considering the use of the paint filter liquids test, the extraction procedure, and the Toxicity Characteristic Leaching Procedure to determine compliance with the statutory California List land disposal restrictions (LDR) prohibition levels (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
11/30/1987DETONATING EXPLOSIVE WASTESMemo
 Description: The detonation of seized explosives for disposal rather than for use constitutes discarding, so explosives must be managed as solid wastes (SW). If the explosives are characteristic for reactivity (D003), Subtitle C regulations apply to these Bureau of Alcohol, Tobacco, and Firearms (BATF) activities. Seized explosives must be managed as SW and potentially hazardous waste from the moment the decision is made to destroy the explosives. The detonation of reactive waste is thermal treatment.
 
11/20/1987LEAD-BASED PAINT RESIDUES AND CONTAMINATED SOILSMemo
 Description: Paint wastes are exempt household hazardous wastes (HHW) if they are generated by homeowners and not by contractors (SUPERSEDED: RPC# 3/1/90-06). HHW from federal agencies is not HHW. Certain material and soil contaminated with weathering lead based paint is characteristic for lead. If characteristic soil is actively managed, it is a hazardous waste. Discusses lead paint remediation methods (SEE ALSO: RPC# 3/7/95-01). A property owner is normally not required to characterize soil left on site. Addresses factors in determining if soil removal is required. On-site soil treatment needs a permit unless the generator is exempt (SEE ALSO: 61 FR 18779; 4/29/96).
 
11/18/1987TCLP IN THE LAND DISPOSAL RESTRICTIONS PROGRAM AND HAZARDOUS WASTE IDENTIFICATION PROGRAMMemo
 Description: TCLP was created for the land disposal restrictions (LDR) program for testing for solvents and dioxins, and for the toxicity characteristic.
 
11/12/1987PULVERIZING / CRUSHING WASTE PRIOR TO EP TESTMemo
 Description: Metal rings and lids that are part of an ash wastestream should not be removed when testing a representative sample for the toxicity characteristic. Although pulverizing is inappropriate for metal objects, the particle reduction requirement in the extraction procedure (EP) (SUPERSEDED: see 261.24) is still in effect.
 
11/05/1987LEACHING TESTS FOR EVALUATING SOILS CONTAMINATED WITH LEADMemo
 Description: Method 1310 extraction procedure (EP) is used to determine if contaminated soils exhibit the toxicity characteristic (SUPERSEDED: see 261.24). Method 1312 for in-place soil and debris is under development. It may be appropriate for facility investigations and clean closure determinations. 1311 (TCLP) may not be appropriate for groundwater contamination of soil and debris.
 
10/26/1987REACTOR VESSEL WASHOUT CONTAINING TRACE AMOUNTS OF SOLVENTMemo
 Description: Reactor vessel washout containing residues of solvent (acetone, ethyl acetate, and xylene) and fragrance oils is not F003, but is process wastewater contaminated with solvent constituents. If the wastewater is ignitable, it is regulated as D001 until it is no longer characteristic.
 
10/26/1987SOLVENT-CONTAMINATED WASTEWATER FROM FRAGRANCE MANUFACTUREMemo
 Description: Oil and trace solvents that remain in a reactor vessel following washing with acetone, ethyl acetate, and xylene do not meet the spent solvent definition. Subsequent soap and water washout is process wastewater containing solvent constituents that can be ignitable (D001) but is not F003 via the mixture rule. Residues generated from treating a D001 ignitable waste remain hazardous as long as they exhibit a characteristic.
 
10/20/1987RCRA TESTING TECHNIQUESMemo
 Description: Addresses the gas chromatograph/mass spectrometer suitability testing of RCRA Appendix VIII and Michigan List Analytes. Includes notes on laboratory safety and noxious fumes from nitric acid digestion. Discusses the standardization of method 8610, microwave oven safety, the 1988 Solid Waste Testing and Quality Assurance Symposium, the TCLP video, and the application of the structural integrity procedure when performing extraction procedure analyses.
 
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).
 
09/23/1987F021 LISTING FOR SUBSTANCES CONTAINING CHLOROPHENOLIC COMPOUNDSMemo
 Description: Wood chips and sawdust from wood treated with a pentachlorophenol (PCP) formulation (Noxtane) are not F-listed or K-listed. They could be characteristic. Discarded CCP Noxtane is F027 due to the active ingredient PCP.
 
09/16/1987SW-846 METHODS MANUALMemo
 Description: The use of SW-846 methods is generally not required except for quality assurance/quality control procedures and determining if the waste is characteristic. Discusses sampling, analysis for delisting petitions, incinerator trial burns, and determining if bulk or containerized waste contains free liquids prior to disposal in a landfill.
 
09/15/1987DEFINITION OF AQUEOUS FOR CORROSIVITY CHARACTERISTICMemo
 Description: For the corrosivity characteristic (D002), a waste is aqueous if it has a liquid phase containing more than 50% water (SUPERSEDED: see RPC# 1/7/93-02; RPC# 4/23/93-01; RPC# 9/1/92-02).
 
09/14/1987AQUEOUS AS USED IN THE CORROSIVITY CHARACTERISTICMemo
 Description: Aqueous for the corrosivity characteristic (D002) is defined as waste having a liquid phase containing more than 50% water (SUPERSEDED: See RPC# 4/23/93-01).
 
09/01/1987AEROSOL PAINT AND SOLVENT CANS DEMONSTRATION OF REACTIVITYQuestion & Answer
 Description: An aerosol can emptied according to 261.7 is still hazardous waste if it exhibits the reactivity characteristic (D003) (SEE ALSO: RPC# 1/4/94-02).
 
08/18/1987CORROSIVE CHARACTERISTIC APPLIED TO LIQUID AND AQUEOUS WASTESMemo
 Description: The corrosivity characteristic (D002) applies only to aqueous and liquid wastes. There is no definition of a corrosive solid.
 
08/12/1987WASTE CHARACTERIZATION: LITHIUM BATTERIESMemo
 Description: Lithium sulfur dioxide batteries tend to exhibit the reactivity characteristic (D003).
 
08/11/1987METHODS 1310 AND 1330: EXTRACTION PROCEDURE AND EXTRACTION PROCEDURE FOR OILY WASTEMemo
 Description: Method 1310 extraction procedure (EP) is the only method to be used for determining the applicability of the toxicity characteristic, even for oily waste (SUPERSEDED: See 261.24). Method 1330 (EP for oily waste) may be used for delisting.
 
08/07/1987WASTES FROM ENVIRONMENTAL CHEMISTRY LABORATORYMemo
 Description: High temperature incineration is the recommended method of management for lab wastes that are not listed hazardous waste and that do not exhibit any characteristics, even though they are contaminated with dioxins.
 
07/21/1987F003 10% RULE AND ASSOCIATED REGULATIONSMemo
 Description: Discarded, used paint thinner that is 80% xylene, 9% toluene, and 11% glycol ethers before use is ignitable (D001) not F003, F005. Ignitable solvent rags are not subject to the land disposal restrictions (LDR) until third third (SEE ALSO: 55 FR 22520; 6/1/90 and RPC# 2/14/94-01).
 
06/26/1987TREATMENT AND DISPOSAL METHODS FOR LOW-LEVEL WASTES THAT CONTAIN UNCONTAMINATED OR RADIOACTIVE LEADMemo
 Description: Activated lead may be stored to allow radioactive decay prior to disposal as a hazardous waste. Mixed waste storage requires a permit. Surface-contaminated lead may be decontaminated. EPA may establish below regulatory concern (BRC) levels for radiation. Container liners used as shielding in low-level waste disposal are not RCRA-regulated. Encapsulation may be a viable treatment for lead wastes if the process results in a product that will not degrade after disposal (SEE ALSO: 64 FR 63464; 11/19/99).
 
06/23/1987USE OF THE METHOD OF STANDARD EDITIONSMemo
 Description: SW-846 requires that the method of standard editions be used whenever the percent recovery of a matrix spike is outside the range of 75-125%. The method of standard additions is required, in all cases, when analyzing extraction procedure (EP) toxicity extracts (SEE ALSO: 57 FR 55115; 11/24/92).
 
06/19/1987REGULATORY STATUS OF VARIOUS TYPES OF PENTACHLOROPHENOL WASTESMemo
 Description: F021 is for pentachlorophenol (PCP) manufacturing wastes, not for wood-preserving wastes like dip tank bottom sludge or discarded pentachlorophenol (PCP)-treated wood (SEE ALSO: F032). F027 is for unused PCP wood preservatives, not for used formulations which come in contact with wood that remains in process vessel or dip tank after treatment or contained-in treated wood (posts, poles, railroad ties); K001 for treatment sludges from wastewater from PCP or creosote wood preserving, not dip tank bottom sludge from PCP wood preserving facilities (SEE ALSO: 261.24 and 261.31)
 
06/08/1987TOTAL CHROMIUM ANALYSISMemo
 Description: The toxicity characteristic regulates chromium as total chromium.
 
05/20/1987SOLVENT LISTINGS AND LAND DISPOSAL RESTRICTIONSMemo
 Description: Discusses determining if solvent contaminated rags or wipers are listed hazardous waste (SUPERSEDED: RPC# 2/14/94-01). Product paint with a solvent ingredient is not listed, even if the solvent is added as a thinner after purchase. The addition of product solvent by the user is not solvent use. Listed solvents from ink formulation are both K086 and the appropriate F001-F005 when discarded. Lab solvents used as solvents are listed when spent. Technical grade F003 solvent can be F003 when spent. A solvent containing (before use) less than the technical grade of F003 and less than 10% F001, F002, F004, F005 is not listed.
 
04/18/1987SOIL CONTAMINATED WITH USED AND UNUSED PESTICIDES; SOIL CONTAMINATED WITH PESTICIDEMemo
 Description: Soil contaminated with discarded unused 2,4,5-T contains F027. Soil contaminated with 2,4,5,-T used as pesticide does not contain a listed waste, but is hazardous if it is excavated for discard and is characteristic. Incinerators burning F-listed dioxin wastes must achieve 99.9999% destruction and removal efficiency.
 
04/16/1987CHARACTERISTIC OF IGNITABILITYMemo
 Description: There are no test methods for ignitable (D001) soils or ignitable solids (SUPERSEDED: SW-846 method 1030 finalized in 6/13/97; 62 FR 32451). Only liquids that flash are ignitable. Liquids that boil at low temperatures cannot be evaluated for flash.
 
04/08/1987MUNICIPAL WASTE COMBUSTION, DISPOSAL OF RESIDUAL ASHMemo
 Description: Discusses regulatory alternatives for the management of characteristically hazardous municipal waste combustor (MWC) ash (SEE ALSO: RPC# 10/1/94-02; 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95; RPC# 3/22/95-01).
 
03/18/1987REACTIVE CHARACTERISTICS OF DISCHARGED LI/SO2 BATTERIESMemo
 Description: Based on the supplied data, EPA agrees that Li/SO2 (lithium-sulfur dioxide) batteries are unlikely to exhibit the reactivity characteristic when they are fully discharged to zero volts. Fully-charged and duty-cycle Li/SO2 batteries are reactive. The generator is responsible for the hazardous waste determination. The placement of ignitable (D001) or reactive (D003) waste into a landfill is prohibited unless it is treated, rendered, mixed before, or immediately after, placement in the landfill so that it is no longer characteristic (SEE ALSO: Part 268).
 
03/16/1987K062 LISTING APPLIES ONLY TO FACILITIES WITHIN THE IRON AND STEEL INDUSTRYMemo
 Description: Pickle liquor wastes from industries not in the iron and steel industrial classifications are hazardous only if they are characteristic. Because spent pickle liquor is generally corrosive (D002) and usually contains high concentrations of chromium and lead, it is probably characteristic.
 
03/11/1987SCINTILLATION COUNTING COCKTAILMemo
 Description: The liquid scintillation cocktail, Bio-Safe II, does not appear to be a hazardous waste, provided that it is not reactive (D003) or corrosive (D002), since it is not ignitable (D001) and does not exhibit the toxicity characteristic (D018-D043). Neither scintillation cocktails, nor lab wastes in general, are listed (SEE ALSO: RPC# 3/1/89-04). Hazardous waste identification is the generator's responsibility.
 
03/11/1987SOILS CONTAMINATED WITH CHLORDANE AND HEPTACHLOR DURING TREATMENT OF BUILDINGS FOR TERMITESMemo
 Description: Soil contaminated from the treatment of a home for termites with chlordane and heptachlor is not P-listed or U-listed, because the contamination is from normal pesticide use. The soil may be hazardous if it is characteristic. Addresses the contained-in policy.
 
03/06/1987AUTOMOTIVE FLUIDS, REGULATION OFMemo
 Description: Automotive fluids are not listed hazardous waste, but they may be characteristic. Some brake and automatic transmission fluids are ignitable (D001). Used crankcase oil may be ignitable and may exhibit EP (extraction procedure) for lead (SUPERSEDED: see 261.24). Used oil (UO) that is recycled by burning is subject to 266 Subpart E; other UO recycling is exempt (SUPERSEDED: see Part 279). Brake fluid, power steering fluid, and automatic transmission fluid would all be considered UO. Antifreeze and windshield wiper fluid are not UO (SEE ALSO: 279.1).
 
03/06/1987AUTOMOTIVE FLUIDS, STATUS OFMemo
 Description: Automotive fluids are not listed hazardous waste, but they may be characteristic. Some brake and automatic transmission fluids are ignitable (D001). Used crankcase oil may be ignitable and may exhibit EP (extraction procedure) for lead (SUPERSEDED: see 261.24). Used oil (UO) that is recycled by burning is subject to 266 Subpart E; other UO recycling is exempt (SUPERSEDED: see Part 279). Brake fluid, power steering fluid, and automatic transmission fluid would all be considered UO. Antifreeze and windshield wiper fluid are not UO (SEE ALSO: 279.1).
 
03/06/1987DRYCLEANING INDUSTRY WASTESMemo
 Description: Perchloroethylene (PCE) condensed and recovered during fabric drying in a dry cleaning machine is a process waste, not an F-listed solvent. It is hazardous only if it is characteristic. PCE condensate from distillation or spent filter cartridge steam stripping is hazardous because it is derived from F002.
 
03/03/1987ASH RESIDUE GENERATED FROM INCINERATION OF K045Memo
 Description: The mixture rule exclusion applies only to mixtures of solid waste (SW) and hazardous waste listed solely for characteristic, not residues from treating wastes listed for characteristic. K045 incineration residue is K045 even if the ash is not reactive (SEE ALSO: 66 FR 27266; 5/16/01).
 
02/19/1987PROCESS WASTES CONTAINING INKS, PAINTS, AND ADHESIVESMemo
 Description: Waste paint, ink, and adhesive are not listed. These are hazardous only if characteristic. Products with ingredient or added solvent not are not listed solvents. A mixture of a listed solvent and a product destined for discard are F-listed via the mixture rule (SEE ALSO: 66 FR 27266; 5/16/01).
 
02/05/1987APPLICABILITY OF LAND DISPOSAL RESTRICTIONS (LDR) TO PAINT SLUDGE WASTES Memo
 Description: Paint sludge waste from a water-wall paint spray booth is a manufacturing process waste, not an F-listed solvent.
 
02/01/1987F006Question & Answer
 Description: Sludge generated off site from a mixture of corrosive (D002) electroplating rinsewater and other acid wastes is F006.
 
01/27/1987SOLVENTS USED AS COOLANTS AND APPLICABILITY OF SOLVENT LISTINGSMemo
 Description: Spent coolant with 1,1,1,-trichloroethane (111-TCE) as an ingredient is not listed if it is not commingled with 111-TCE used in degreasing (F001). Coolant is only a hazardous waste if it is characteristic. Future changes to the toxicity characteristic might address TCE (SEE ALSO 55 FR 11862; 3/29/90).
 
10/30/1986HAZARDOUS WASTE CLASSIFICATION OF PAINTED CIRCUIT BOARDSMemo
 Description: Although printed circuit boards are not specifically listed, they commonly exhibit the extraction procedure (EP) toxicity characteristic (SUPERSEDED: See 261.24) for lead that leaches from the solder (SEE ALSO: 261.4(a)(14) exclusion for shredded circuit boards).
 
10/21/1986REGULATORY STATUS OF USED WOOD PRESERVATION CONTAINING PENTACHLOROPHENOL (PCP)Memo
 Description: A mixture of unused pentachlorophenol (PCP) formulation (F027) and used PCP formulation that is spilled, disposed, or intended for disposal, is F027 via the mixture rule. As F027 does not include used PCP formulations, it is only hazardous waste if mixed with a listed or characteristic waste.
 
09/30/1986GLASS FIBER FILTERS FOR USE IN CONDUCTING THE TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)Memo
 Description: The denial of a request to add glass fiber filters to the list of filters is deemed suitable for TCLP purposes.
 
09/29/1986SOIL CONTAMINATED WITH CHLORDANE AS A RESULT OF PESTICIDE APPLICATIONMemo
 Description: While unused CCP chlordane is listed as U036 when it is discarded, land application of chlordane pesticide product does not make it a solid waste even though it is used in a manner constituting disposal, since placement on land is the pesticide’s intended purpose (261.2(c)(1)(B)(ii)). Soil contaminated with chlordane as a result of pesticide application is a hazardous waste only if excavated for disposal and characteristic.
 
09/15/1986DEFINITION OF SOLID WASTEMemo
 Description: Ignitable discarded paint with xylene is D001 as the xylene is not spent F003, nor a discarded unused CCP (U239). A mixture of waste listed solely for a characteristic with a solid waste is not hazardous waste if the mixture is not characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). Spent toluene is F005, not F002. A pyridine osmium tetroxide mixture is not P- or U-listed because the mixture is not a pure or technical grade of the chemical or a sole active ingredient.
 
09/04/1986MERCURY DRY CELL BATTERIES AND APPLICABLE REGULATIONSMemo
 Description: Mercury dry cell batteries (battery) that exhibit a characteristic are hazardous waste (HW) and must be managed by a HW management TSDF, unless they are household hazardous waste (HHW) or a CESQG waste (SEE ALSO: Part 273).
 
09/03/1986LABORATORY EQUIPMENT USED IN CONDUCTING THE TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)Memo
 Description: A tentative EPA decision to list a zero-headspace extractor (ZHE) to the list of suitable extractors for conducting evaluations of volatiles in the TCLP.
 
08/22/1986HYDRAULIC DEVICES CONTAMINATED WITH OIL DURING QUALITY CONTROL TESTINGMemo
 Description: Used oil from hydraulic equipment is hazardous waste if it is characteristic or if the proposed used oil listing is finalized (SUPERSEDED: See 51 FR 41900; 11/19/86, 57 FR 41566; 9/10/92, and Part 279). Hydraulic equipment contaminated with used oil during quality control testing conducted prior to sale and distribution is not subject to the mixture rule because the equipment is a product, not a solid waste.
 
08/04/1986PRE-COAT WASTE CONTAINING 2-ETHOXYETHANOL (EXTRUDING PROCESS WASTE)Memo
 Description: Using solvents as reactants or ingredients in products is not solvent use. Wastes from processes where solvents were used as reactants are not F-listed. Waste from process where 2-ethoxyethanol was used as ingredient in pre-coating cannot be F-listed solvent waste, although it may exhibit a characteristic.
 
07/02/1986WASTES GENERATED IN A PROCESS USING METHYLENE CHLORIDE TO RECOVER ALKALOIDS FROM PLANT MATTER; WASTES GENERATED FROM EXTRACTION PROCESSMemo
 Description: A filter cake from an extraction process with listed methylene chloride is not listed, but may be hazardous if characteristic. Wastewater stripped from solvent wastewater is not listed, but may be hazardous if characteristic. Spent solvent from an extractor is listed hazardous waste.
 
06/26/1986SILVER IN WASTES AND IN SEWER DISCHARGES FROM THE PHOTO-FINISHING INDUSTRYMemo
 Description: RCRA does not limit the photo-finishing (photography) industry’s ability to discharge silver-containing wastewater (D011) to the public sewer. The sewer discharge is regulated under CWA.
 
06/16/1986RESIDUAL WATER DERIVED FROM AN EXEMPT WASTE (COAL ASH) IS EXEMPTMemo
 Description: Residual water that becomes corrosive (D002) from Bevill exempt fossil fuel combustion waste is also exempt. Residual water derived from an exempt waste is exempt.
 
06/02/1986PAINTING CONTRACTOR WASTES-SMALL QUANTITY GENERATORMemo
 Description: Methylene chloride is a listed waste (F002) when used as a solvent and can be toxic. Muriatic acid is likely to be corrosive (D002) but not toxic. Generators who produce greater than 100 kg/mo are subject to regulation. CESQGs may dispose of hazardous waste in any state approved landfill.
 
05/30/1986WASHWATERS GENERATED FROM WASHING PESTICIDE APPLICATOR TRUCKSMemo
 Description: Truck or service vehicle wash rinsewater contaminated with pesticide from ground application is not hazardous waste (HW) via the mixture rule. The residue is not a discarded CCP because it is released into the environment from use. Rinsewater is a HW only if it is characteristic (SEE ALSO: RPC# 7/22/85-01).
 
05/27/1986RESIDUES FROM MUNICIPAL WASTE RESOURCE RECOVERY FACILITIES; MUNICIPAL WASTE COMBUSTION RESIDUES-ASH AND SLUDGEMemo
 Description: Municipal waste combustion (MWC) ash may exhibit the toxicity characteristic. Hazardous ash disposed in landfills is subject to all hazardous standards. EPA has authority under CAA and RCRA to control dust. RCRA is the primary authority for groundwater protection at active landfills (SEE ALSO: RPC# 10/1/94-02; 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95; RPC# 3/22/95-01).
 
05/12/1986DEIONIZATION ACID REUSED, NOT A WASTEMemo
 Description: Corrosive materials (deionization acid) that are beneficially reused as effective substitutes for a virgin material, meet relevant specifications for contamination levels, and used under controlled conditions are not solid waste. Discussion of the retroactive application of exclusions from the definition of solid waste. A surface impoundment holding waste which has never been solid waste need not be closed.
 
05/09/1986HEALTH ASSESSMENT INFORMATION IN LISTING DECISIONSMemo
 Description: EPA uses health assessment information such as the relative carcinogenic potencies, along with other evaluations of potential exposure and mismanagement, in deciding whether a waste is hazardous.
 
05/05/1986LABORATORY EQUIPMENT USED TO RUN THE TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)Memo
 Description: A discussion of the steps necessary for the designation of a substitution TCLP zero-headspace extractor.
 
05/02/1986ACTIVATED CARBON CANISTERS USED TO COLLECT SOLVENT VAPORS GENERATED DURING PAINT APPLICATIONMemo
 Description: F-listings do not apply to solvents such as 1,1,1-trichloroethane, Freon 113, and methylene chloride that are used as ingredients or reactants in CCPs (e.g., paint). Activated carbon used to collect solvents volatilized during paint application would only be hazardous waste if characteristic. Solvent use includes use as a cleaning or degreasing agent, as a medium for chemical reactions, as extractants, and as diluents.
 
04/30/1986FLUORESCENT AND MERCURY VAPOR LAMPS AND CLASSIFICATION USING THE EP TOXICITY TESTMemo
 Description: Fluorescent and mercury vapor lamps may exhibit the toxicity characteristic (TC) for mercury as determined using the extraction procedure (EP) (SUPERSEDED: See 261.24) (SEE ALSO: RPC# 12/7/92-01). Some States regulate waste based on total mercury, not leachable mercury.
 
04/28/1986GENERATOR USE OF TOTAL CONSTITUENT ANALYSIS IN LIEU OF THE EP OR TCLP TESTSMemo
 Description: A generator may use knowledge to make a characteristic determination, including the total waste concentration. When using total waste analysis in lieu of the extraction procedure (EP) or TCLP tests, the generator must assume all the contaminant present in the waste will migrate or leach into a liquid extract. A discussion of the maximum theoretical extract concentration (MTEC) (SEE ALSO: RPC# 1/1/94-01).
 
04/21/1986PRECIPITATION WHICH IS CORROSIVE DUE TO CONTACT WITH EXEMPT WASTES (COAL GASIFICATION ASH)Memo
 Description: Precipitation that becomes corrosive (D002) solely as a result of contact with Bevill exempt fossil fuel combustion wastes (such as coal gasification ash) is exempt since characteristic is derived from the exempt waste.
 
04/07/1986ENVIRONMENTAL RELEASES FROM WOOD PRESERVING PLANTSMemo
 Description: A summary of EPA regulations applicable to releases from wood preserving facilities. The wood preserving process wastewater effluent is subject to the CWA (SEE ALSO: 261.4(a)(9)). The storage or mixing tanks, kraft bags can be empty containers under section 261.7. Discusses the applicability of the F020, F021, F026, F027 listings. Dioxin wastes are acutely hazardous and are subject to the 1 kg threshold. Wastewater treatment sludges from creosote and pentachlorophenol (PCP) are K001. An explanation of the closure of units used to treat these process wastewaters. The applicability of the EP (extraction procedure) toxicity characteristic (SUPERSEDED: see 261.24) to wood preserving wastes. A discussion of section 3004(u) and (v) corrective action at wood preserving facilities.
 
04/07/1986WOOD PRESERVING AND SURFACE PROTECTION FACILITIES, CONTROLLING ENVIRONMENTAL RELEASES FROMMemo
 Description: A summary of EPA regulations applicable to releases from wood preserving facilities. The wood preserving process wastewater effluent is subject to the CWA (SEE ALSO: 261.4(a)(9)). The storage or mixing tanks, kraft bags can be empty containers under section 261.7. Discusses the applicability of the F020, F021, F026, F027 listings. Dioxin wastes are acutely hazardous and are subject to the 1 kg threshold. Wastewater treatment sludges from creosote and pentachlorophenol (PCP) are K001. An explanation of the closure of units used to treat these process wastewaters. The applicability of the EP (extraction procedure) toxicity characteristic (SUPERSEDED: see 261.24) to wood preserving wastes. A discussion of section 3004(u) and (v) corrective action at wood preserving facilities.
 
03/21/1986CHROMIUM WASTES: TRIVALENT AND HEXAVALENT, CHROMIUM IN TANNERY WASTESMemo
 Description: The extraction procedure (EP) toxicity based on the total chromium (hexavalent and trivalent) (SUPERSEDED: see 261.24). Trivalent chromium oxidizes to hexavalent when drinking water is treated with chlorine. Tannery wastes containing solely trivalent chromium are excluded. The extraction procedure thresholds are 100X the drinking water standard.
 
03/12/1986DETECTION LIMIT FOR EP-LEACHATE CONCENTRATION OF SELENIUMMemo
 Description: The detection limit for the extraction procedure (EP) leachate concentration of selenium is in petition.
 
03/03/1986SPENT CARBON USED TO REMOVE DISSOLVED PENTACHLOROPHENOL (PCP) FROM GROUNDWATERMemo
 Description: Spent carbon used to treat groundwater contaminated by product pentachlorophenol (PCP) spill is acute hazardous waste F027. Under other circumstances, carbon is not regulated (SEE ALSO: 261.24 and 261.31: F032).
 
02/04/1986REGULATORY STATUS OF PHOTOGRAPHIC FILMS AND PAPERS UNDER RCRA SUBTITLE CMemo
 Description: Photo film and paper are not listed hazardous waste (HW). They are HW if characteristic. Data suggest they are usually not toxic by the extraction procedure (EP) (SUPERSEDED: See 261.24). The generator must make the determination. Even if not contaminated, used photo film and paper removed from service to recycle are spent materials. Unless characteristic, spent material status irrelevant.
 
02/01/1986FOSSIL FUEL COMBUSTION WASTE EXCLUSIONQuestion & Answer
 Description: Quench water that becomes corrosive (D002) as a result of contact with ash from coal combustion is exempt under the section 261.4(b)(4) Bevill exclusion for fossil fuel combustion wastes since the characteristic is derived from exempt waste.
 
01/22/1986COPPER PLATING SOLUTIONMemo
 Description: Materials incorporated into products used on the land are a solid waste (SW) and potentially a hazardous waste (HW) under the use in manner constituting disposal provisions. Corrosive (D002) spent copper sulfate bath used in a fertilizer is a SW and a HW. A commercial fertilizer product derived from a characteristic HW is not regulated (SUPERSEDED: see 266.20(b)).
 
01/22/1986COPPER PLATING SOLUTION REACTED WITH A CHELATING AGENT TO PRODUCE A COMMERCIAL FERTILIZERMemo
 Description: Materials incorporated into products used on the land are solid waste (SW) and potentially hazardous waste (HW) under “use in manner constituting disposal“ provisions. Corrosive (D002) spent copper sulfate bath used in fertilizer is SW and HW. Commercial fertilizer product derived from characteristic HW is not regulated (SUPERSEDED: see 266.20(b)).
 
01/17/1986SPENT IRON SPONGE REGULATION AND TREATMENTMemo
 Description: A spent iron sponge which produces more than 500 mg/kg hydrogen sulfide is reactive (D003) (SUPERSEDED: see RPC# 4/21/98-01).
 
01/07/1986EXCLUSION FROM REGULATION FOR CHARACTERISTIC AND LISTED WASTES - LEACHATE LEVELS; DELISTING CRITERIA/LEACHATE LEVELSMemo
 Description: There is delisting criteria for variable constituent levels depending on waste volume. For delisting, EPA considers the original listing constituents and other factors. A mixture of solid waste (SW) and hazardous waste (HW) listed solely for a characteristic is not HW if not characteristic under the 261.3(a)(2)(iii) mixture rule exemption for wastes listed solely for exhibiting a characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). The leachate test used depends on the nature of the waste. Discussion of the use of extraction procedure (EP) for Oily Waste (SUPERSEDED: See 261.24).
 
01/06/1986RECYCLING OF MOLDING AND CASTING SANDSMemo
 Description: Foundry sands are spent materials and are solid wastes when reclaimed (SEE ALSO: RPC# 3/28/2001-01). Foundry sands are hazardous wastes if they exhibit the toxicity characteristic for lead. Once regenerated or reclaimed, foundry sands are not solid wastes and are exempt even if shipped off-site for coating before use. The reclamation process is exempt. The storage and transportation of spent material before reclamation is subject to regulation.
 
12/01/1985USED OIL AS DUST SUPPRESSANTQuestion & Answer
 Description: Used oil that exhibits a characteristic of extraction procedure (EP) toxicity (SUPERSEDED: See 261.24) can be used as a dust suppressant provided it has not been mixed with hazardous waste (SUPERSEDED: See RPC# 3/1/90-05 and 279.82).
 
10/21/1985EP TOXICITY TEST EXTRACTION MEDIUM, REQUESTED CHANGE INMemo
 Description: The extraction medium in the extraction procedure (EP) (SUPERSEDED: see 261.24) may not be appropriate for determining the hazardousness of oil shale. A listing process may be used if the data indicates a sufficient threat.
 
10/03/1985APPROPRIATENESS OF THE EP/TCLP SIMULATION OF CO-DISPOSAL SITUATION FOR MINING WASTES; CHARACTERISTIC TESTS FOR DETERMINING THE HAZARDOUS CHARACTERISTICS OF MINING WASTESMemo
 Description: There is no determination on the appropriate tests used to identify mining or Bevill exempt mining and mineral processing wastes to be regulated as hazardous waste. TCLP is designed to simulate the leachability of industrial waste that is co-disposed with sanitary waste. Although the disposal scenario may be incompatible with mining waste disposal, similar generation of acids warrants TCLP or stronger. Mining wastes generate acidic leachate upon exposure to air.
 
09/24/1985REGULATORY STATUS OF CREOSOTE-TREATED RAILROAD TIESMemo
 Description: Creosote-treated railroad ties are not listed and are unlikely to exhibit any characteristic. FIFRA may place controls on handling and disposal.
 
09/18/1985WATER/METHANOL MIXTURE WASTESTREAMMemo
 Description: A mixture of F003 and wastewater is exempt if mixture is not ignitable. Another option for exemption is to discharge to a sewer. RCRA 3005(h) requires a waste minimization plan (SUPERSEDED: see current 261.3(a)(2)(iii), 268.3).
 
09/01/1985EP TOXICITY FOR OILY WASTESQuestion & Answer
 Description: Method 1330 “Oily Waste Extraction Procedure” should only be used when requested by EPA for delisting purposes. Method 1330 cannot be used in waste identification as a substitute for the extraction procedure (EP) (SUPERSEDED: See 261.24) when analyzing oily wastes.
 
07/16/1985CREOSOTE TREATED CROSS TIES, DISPOSAL OF, FIFRA INTERFACEMemo
 Description: Creosote-treated railroad cross ties are not likely characteristic. FIFRA may place controls on their handling and disposal. U051 creosote and K001 and K035 do not apply to treated cross ties destined for disposal.
 
07/16/1985SULFIDE REACTIVITY CHARACTERISTICMemo
 Description: There is no approved test method for the reactivity characteristic (D003). 500 mg/kg available sulfide is adopted as the interim action level (SUPERSEDED: see RPC# 4/21/98-01). A surface impoundment which is a neutralization pond receiving only corrosive waste (D002) is exempt from groundwater monitoring.
 
07/12/1985INTERIM THRESHOLDS FOR TOXIC GAS GENERATION REACTIVITY (261.23(A)(5))Memo
 Description: EPA provides interim thresholds of 250 mg HCN/Kg and 500 mg H2S/Kg respectively for solid waste that merit designation as reactive hazardous waste (D003) per 261.23(a)(5) for their potential to release toxic cyanide and sulfide gases (SEE ALSO: RPC# 11/8/93-01) (SUPERSEDED: see RPC# 4/21/98-01).
 
07/01/1985EP TOXICITY CHARACTERISTIC AMENDMENTSQuestion & Answer
 Description: A discussion of draft TCLP. TCLP will be suitable for determining the mobility of organic and inorganic compounds present in liquid, solid, and multiphase wastes.
 
06/30/1985RCRA METHODS AND QA ACTIVITIES (NOTES)Memo
 Description: A discussion of metal determination in groundwater (total recoverable, dissolved metals). Organic determinations are made only on groundwater samples that have not been filtered. An overview of dioxin method 8280. Discusses the performance audits on gas samplers (organic cylinder gases). An overview of Method 3540 validation. Discusses the reactivity test methods.
 
06/06/1985PROHIBITION ON USE OF HAZARDOUS WASTE FOR DUST SUPPRESSION AND ROAD TREATMENTMemo
 Description: Discussion of HSWA ban on use of hazardous waste (HW) and characteristic used oil for dust suppression (exception for ignitable only wastes (D001)). The prohibition applies to HW whether or not it is a part of a mixture. Decharacterized wastes are not subject to the ban. Used oil that has not been mixed with hazardous waste and does not exhibit a characteristic may be used as dust suppressant (SUPERSEDED: see 279.82).
 
05/31/1985EMPTY DRUMS CONTAINING METALLIC NICKEL OR NICKEL OXIDEMemo
 Description: Metallic nickel and nickel oxide are not listed or characteristic compounds. Drums that contained these compounds are not hazardous.
 
05/15/1985BATTERIES, WASTE ELECTROLYTE FROM RECHARGEABLE NICKEL-CADMIUMMemo
 Description: Disposal of a spent nickle-cadmium battery (batteries) potassium hydroxide electrolyte into a sewer is excluded. The spent electrolyte may be corrosive (D002) or toxic.
 
03/04/1985DIOXIN IN WASTES FROM WOOD PRESERVING PROCESSES USING PENTACHLOROPHENOLMemo
 Description: F-listed dioxin wastes are rarely generated at wood preserving facilities, although if wood preserving facility makes chlorophenolic formulations or discards unused chlorophenolic formulations, they would generate F-listed dioxin wastes. EPA may amend K001 to address chlorinated dioxins and furans (see also: 261.31: F032-F035). F021 and F027 are listed for acute toxicity (H), while F028 is listed as a toxic waste (T).
 
02/26/1985AQUEOUS SOLUTION, IGNITABILITY DEFINEDMemo
 Description: The alcohol exclusion was created for beverages, but is broader as alcohol is defined by functional hydroxyl group [-OH]. Use the paint filter liquids test to extract free liquid (SEE ALSO: 59 FR 46052; 8/31/93 and 60 FR 3089; 1/13/95). Use standard lab techniques to identify aqueous solutions (50% water by weight).
 
01/01/1985POLLUTION CONTROL SLUDGE FROM TREATMENT OF MINING WASTE - EXCLUSIONQuestion & Answer
 Description: Pond sludge from the treatment of drainage from an active coal mine is exempt under the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes, even if it meets the definition of corrosivity. Pollution control residues from the treatment of mining wastes are exempt under 261.4(b)(7).
 
01/01/1985SOIL CONTAMINATED WITH CHLORDANEQuestion & Answer
 Description: Soil contaminated with chlordane would only meet the U036 listing if the chlordane is spilled or discarded prior to use. The soil is hazardous if it exhibits a characteristic.
 
12/20/1984RCRA METHODS AND QUALITY ASSURANCE ACTIVITIES (NOTES)Memo
 Description: The RCRA Laboratory Evaluation Program is outlined. The rationale for the proposal of standard methods for testing groundwater at hazardous waste facilities is discussed (49 FR 38786; 10/1/84). The analytical report on Method 3030 - acid digestion of oils, greases, and waxes as well as the Waste Analysis Plans Guidance Manual, including “boundary conditions” and “tolerance limits,” are discussed. The U.S. Gap Test and U.S. Internal Ignition Test are under evaluation to determine if a solid waste is explosive.
 
12/18/1984DELISTING TESTING REQUIREMENTS, CYANIDE AND OTHER WASTES, STEEL INDUSTRYMemo
 Description: The EP (extraction procedure) toxicity test is not applicable to wastes with greater than 1 percent oil and grease. Delisting petitions must test photodegradable cyanide when total (complexed) cyanide exceeds 10 ppm (SEE ALSO: current 261.24).
 
12/11/1984ELECTROPLATING SLUDGE, EXCLUSION PETITIONMemo
 Description: For delistings of an electroplating sludge, total, free (amenable to chlorination), leachable, and photodegradable cyanides must be analyzed. Total and free cyanides are analyzed using Method 9010. Leachable cyanides are analyzed using the extraction procedure (EP) toxicity test (SUPERSEDED: See 261.24). Photodegradable cyanides are analyzed using Method 9011.
 
11/30/1984SMALL ARMS AMMUNITION REACTIVITY, OFF SPECIFICATIONMemo
 Description: Off-specification small arms ammunition (ball and sport ammunition) is not a reactive hazardous waste (D003).
 
11/29/1984CORROSIVE SOLIDS, COMMERCIAL CHEMICAL PRODUCTS, REACTIVE WASTES DEFINEDMemo
 Description: Solid forms of sodium hydroxide and potassium hydroxide are not D002 corrosive wastes because there is no test for corrosive solids. Formaldehyde residues in potato starch are not a P-listed or U-listed hazardous waste. The CCP comment in the regulations is in brackets and thus is not part of the regulations. Reactive cyanide and sulfide levels are outlined (SUPERSEDED: see RPC# 4/21/98-01).
 
11/23/1984WASTE INK AND SOLVENT MIXTURES GENERATED FROM PRINTING FACILITIESMemo
 Description: Waste solvent-containing inks are not listed spent solvents. These wastes may exhibit the ignitability characteristic (D001).
 
09/11/1984BLASTING CAPS AS REACTIVE WASTESMemo
 Description: Off-specification blasting caps are reactive (D003). Note 5 in 2.1.3 of SW-846 incorrectly states that blasting caps in quantities less than 1000 are not hazardous waste.
 
09/04/1984RESPONSIBILITY OF GENERATOR IN HAZARDOUS WASTE DETERMINATIONSMemo
 Description: The applicability of hazardous waste regulations to SULFA-CHECK spent slurry is discussed. The suggested cyanide and sulfide concentrations for reactivity are less than 10 ppm (SUPERSEDED: see RPC# 4/21/98-01). A generator does not perform determinations in 261.11(a)(2) to classify a waste as hazardous, but rather uses the process established in 262.11 to make a hazardous waste determination.
 
09/01/1984PRECIOUS METAL ELECTROPLATING SLUDGEQuestion & Answer
 Description: Sludge from precious metal electroplating is not F008 (SUPERSEDED: see 261.31, 50 FR 614; 1/4/85).
 
08/01/1984AQUEOUS WASTE AS IGNITABLEQuestion & Answer
 Description: An ignitable (D001) aqueous waste containing no alcohol is not covered under the alcohol exclusion.
 
08/01/1984LANDFILLS WITH EP TOXIC LEACHATE, REGULATION OFQuestion & Answer
 Description: Once leachate is collected, subsequent management is regulated if the leachate is a hazardous waste. If extraction procedure (EP) (SUPERSEDED: see 261.24) toxic leachate collected from a sanitary landfill is pumped back into the landfill, the landfill is subject to TSDF requirements (SUPERSEDED: see 258.28(a)(2)).
 
07/01/1984EP TOXICITY TEST ON OILY WASTESQuestion & Answer
 Description: Conducting the extraction procedure (EP) toxicity test (SUPERSEDED: see 261.24) on oily wastes that do not pass through the filter is outlined.
 
06/04/1984CHEMICAL AGENTS GB, VX, AND HD AT MUNITIONS DISPOSAL FACILITYMemo
 Description: The chemical agents GB (isopropyl methyl phosphonofluoridate), VX (Ethyl-S-diisopropyl aminoethyl methyl phosphonothidoate), and HD (Bis-2-chloroethyl sulfide) are reactive (D003) due to gas/vapor emissions when mixed with water.
 
04/30/1984TOXICITY OF 2,4,D WASTEMemo
 Description: Inclusion of 2,4,-D in the toxicity characteristic and the U-list is based on the National Interim Primary Drinking Water Standards (NIPDWS) evaluation. Toxicity information for 2,4,-D is outlined.
 
04/23/1984RCRA METHODS AND QUALITY ASSURANCE ACTIVITIES (NOTES)Memo
 Description: The spot-check program to collect samples to verify delisting petition data is discussed. A recommendation that audit cylinders containing organic compounds be used during all source measurement programs is provided. Problems with spike recovery for metals in Method 3030 - Acid Digestion of Oils, Greases, and Waxes and pH adjustment for the extraction procedure (EP) are outlined. Materials that do not pass through 0.45 um filter are solids and must be extracted. The pH of oil and grease is discussed. It is impossible to determine the pH of non-aqueous materials. Unless specifically stated in the method, results are to be reported “as received,” and a sample is not dried before analysis.
 
04/04/1984ANALYTICAL METHODS/EP TOXICITY TEST/REFERENCE STDS.Memo
 Description: The adjustment of pH during the extraction procedure (EP) toxicity test should be conducted with a pH meter, not pH paper (SUPERSEDED: see current 261.24). Extract digestion, testing manufactured articles that are structurally resistant to crushing, and methods evaluation are discussed. EPA is developing methods for ignitable (D001) solids (SEE ALSO: SW-846 method 1030 finalized in 6/13/97; 62 FR 32451), liquids with flash points less than 60 degrees C, and reactive gases - cyanide and sulfide. EPA is developing a “Waste Analysis Plans Guidance Manual.” The use of reference standards is discussed.
 
03/07/1984REGULATORY STATUS OF SPENT/DISCARDED LITHIUM-SULFUR DIOXIDE BATTERIESMemo
 Description: Lithium-sulfur dioxide batteries (battery) clearly exhibit the characteristic of reactivity (D003) because of their potential to generate toxic gas. There is insufficient information to make a blanket determination for all lithium batteries. There is no determination whether lithium batteries with other cathode materials (e.g., thionyl chloride, polycarbon monofluoride, manganese dioxide, iodine, silver oxide, silver chromate, vanadium pentoxide, iron sulfide, copper oxide, and lead bismuthate) are reactive.
 
03/01/1984XYLENE (U239) SPILLED ONTO SOILQuestion & Answer
 Description: If unused xylene is spilled onto the ground, contaminated soil is not U239 if the soil is not ignitable, due to the mixture rule exclusion in 261.3(a)(2)(iii) (SUPERSEDED: see RPC# 3/22/94-03; RPC# 11/4/92-01).
 
01/01/1984FLAMMABLE COMPRESSED GASQuestion & Answer
 Description: 261.21(a)(3) should refer to a flammable compressed gas, not an ignitable compressed gas.
 
10/01/1983AQUEOUS DEFINITIONQuestion & Answer
 Description: While EPA does not define the term aqueous, as a rule-of-thumb, any solution with greater than 60-70 percent water should be considered aqueous. Any solution containing less than 60 percent water is nonaqueous (SUPERSEDED: see RPC# 7/1/92-03; RPC# 2/26/85-01).
 
07/27/1983WASTE BATTERIES AND CELLSMemo
 Description: Waste batteries that are resistant to corrosion may be tested for the extraction procedure (EP) (SUPERSEDED: See 261.24) toxicity characteristic without particle reduction. Addresses the saltwater test to measure the corrosion resistance of a product (battery casing).
 
07/01/1983MANUFACTURED ARTICLES TEST FOR EP TOXICITYQuestion & Answer
 Description: Manufactured articles are tested using the extraction procedure (EP) (SUPERSEDED: see 261.24) by reducing the size of the representative sample to pieces which can pass through a 9.5 mm sieve, then performing the extraction step. Corrosion-resistant batteries (battery) do not have to be reduced in size prior to testing. Provides guidance on determining corrosion-resistance.
 
06/08/1983POPPING FURNACES-DOD DISPOSAL OF OUTDATED ORDNANCE BY INCINERATION - METALS RECOVERYMemo
 Description: An outdated ordnance is reactive (D003). The primary purpose of “popping” furnaces used by the DOD to dispose of waste ordinances is waste disposal, not metal recycling. Therefore, the furnaces are not exempt under 261.6, unless they can substantiate a claim of recycling (SUPERSEDED: 50 FR 614; January 4, 1985).
 
02/01/1983BENZENE LEAK INTO GROUNDWATERQuestion & Answer
 Description: Benzene that leaked into groundwater prior to 11/19/80 is classified as hazardous waste (HW) if it was pumped and treated after 11/19/80. Benzene-contaminated groundwater is U019. When the site is reactivated, the facility must comply with HW regulations.
 
02/01/1983PH MEASUREMENT ON PARTIAL SOLIDSQuestion & Answer
 Description: Material that contains free liquids (using the paint filter liquids test) can be measured for pH to evaluate corrosivity (SEE ALSO: RPC# 4/23/93-01; RPC# 10/20/93-01).
 
01/10/1983IGNITABLE SOLID DEFINITION APPLIED TO TITANIUM SWARFMemo
 Description: To be ignitable (D001), a solid must be capable of causing fire and must burn so vigorously and persistently that it creates a hazard. If titanium swarf is dificult to ignite, it is not hazardous waste even though it burns vigorously once it is ignited.
 
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.
 
12/01/1982USING LEASED PROPERTY AS BUFFER ZONEQuestion & Answer
 Description: Owners or operators of facilities that use leased property as part of the 50 foot buffer zone for containers holding ignitable (D001) and reactive (D003) wastes should ensure that the lease will continue in force if the land is sold. The Part B permit should note that part of the buffer area is leased.
 
06/28/1981LIQUID WASTE, DEFINITION OFMemo
 Description: Liquids are materials that pass through a .45 micron filter at a pressure differential of 75 psi. Different phases should be evaluated separately based on the definition of a liquid. Free liquids are a subset of liquids. Liquids are ignitable (D001) if they contain or consist of liquids with a flash point below 60 C (SEE ALSO: 261.21).
 
06/18/1981FLASH POINT TESTS AND THE IGNITABILITY CHARACTERISTICMemo
 Description: EPA recommends the Pensky-Martens or Setaflash Closed Cup Testers to determine the flash point of potentially ignitable solid waste (D001). The Tag Closed Cup Tester is not a suitable alternative for wastes which are very viscous, that skin over, or that tend to stratify or contain suspended solids.
 
06/17/1981EXTRACTION PROCEDURE TOXICITY TESTMemo
 Description: An acceptable extractor for the extraction procedure (EP) will impart sufficient agitation to the mixture to not only prevent stratification of the sample and extraction fluid, but also insure that all sample surfaces are continuously brought into contact with the well-mixed extraction fluid.
 
05/29/1981REGULATION OF DRYING BED SOLIDSMemo
 Description: Denial of petition to block applicability of extraction procedure (EP) (SUPERSEDED: See 261.24) to drying bed solids since these wastes could leach hazardous levels of cadmium and lead to groundwater if mismanaged.
 
09/16/1980FOOD PROCESSORS, IMPACT OF HAZARDOUS WASTE REGULATIONS ONMemo
 Description: Caustic food processing waste may exhibit the characteristic of corrosivity (D002). It is not exempt even though it is neutralized before it leaves the facility as non-characteristic. Waste is not exempt simply because it is managed in a safe and proper manner.
 
05/02/1980Corrosivity Characteristic (40 CFR 261.22); Identification and Listing of Hazardous Waste Under RCRA, Subtitle C, Section 3001Publication
 Description: This document explains EPA's definition of corrosive waste, discusses comments received on Agency's proposed definition of corrosive waste, and the changes made in response to comments. It also includes the rationale for the proposed characteristic of corrosivity for identification and listing of hazardous waste as well as the test methods used to make that determination.
 
05/02/1980EP Toxicity Characteristic (40 CFR 261.24); Identification and Listing of Hazardous Waste under RCRA, Subtitle C, Section 3001Publication
 Description: This document describes the process by which EPA identified and defined the Extraction Procedure Toxicity Characteristic. It presents the rationale, assumptions, models, and scientific studies employed in defining extraction procedure toxicity and discusses the comments received on the proposed characteristics and changes made in response to comments.
 
05/02/1980Ignitability Characteristic (40 CFR 261.21); Identification and Listing of Hazardous Waste Under RCRA, Subtitle C, Section 3001Publication
 Description: This document supports and describes EPA's definition of ignitable waste and discusses comments received on the proposed definition of ignitability.
 
05/02/1980Reactivity Characteristic (40 CFR 261.23); Identification and Listing of Hazardous Waste Under RCRA, Subtitle C, Section 3001Publication
 Description: This document explains EPA's definition of reactive wastes, discusses the comments received on the proposed definition of reactive waste, and the subsequent changes made.
 
01/10/1980APPLICABILITY OF 40 CFR 261.5 TO K047Memo
 Description: K047 (pink/red water from TNT operations) is listed for its potential to dewater over time and become reactive.
 
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For more information on commonly used environmental terms please visit the Terms of the Environment EPA Home Page

 

 
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