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Click on the blue carat to the left of a Topic, the list will expand to show the documents related to the selected Topic.

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07/19/2017RCRA REGULATORY STATUS OF CIGARETTES AND CIGARSMemo
 Description: Unused cigarettes and cigars are not P075 listed hazardous waste when discarded. While EPA has no evidence that cigarettes and cigars exhibit any of the four hazardous waste characteristics, it is the generator’s responsibility to make a hazardous waste determination including whether the waste exhibits a hazardous characteristic.
 
06/23/2017RECALLED TAKATA AIRBAG INFLATORSMemo
 Description: This memorandum discusses how RCRA regulations apply to recalled Takata airbag inflators that are subject to the 2015 Preservation Order issued by the US DOT. The Takata airbag inflators are not subject to RCRA Subtitle C regulatory requirements while they are being held under the 2015 DOT Preservation Order because EPA does not consider airbag inflators or other explosives to be “discarded” and therefore subject to the hazardous waste regulations while they are being stored pending judicial proceedings or investigations. At the point the inflators are released from the Preservation Order and other legal action related to the recall, the inflators would be considered solid waste and subject to a hazardous waste determination and any applicable RCRA regulations. EPA considers discarded gas-generating-propellant airbag inflators to exhibit the characteristic of reactivity, waste code D003 (40 CFR 261.23(a)(6)) and airbag inflators containing an oxidizer to exhibit the characteristic of ignitability, waste code D001 (40 CFR 261.21(a)(4)). Deployment of airbag inflators is considered treatment of a hazardous waste and may require a permit if RCRA exemptions and exclusions do not apply. For example, incineration requires a RCRA permit regardless of future materials reclamation.
 
05/20/2002POINT OF GENERATION FOR SPRAY PAINTING OPERATIONSMemo
 Description: The point of generation of hazardous waste from spray painting operations is at the emergence from the spray paint gun. EPA is working on maximum achievable control technology (MACT) standards for emissions from transporting the waste inside the auto plant building. EPA is also working on Subpart J guidance to reduce or eliminate industry burden, while ensuring that leaks are properly captured and contained.
 
03/01/2002Report to Congress: Evaluating the Consensus Best Practices Developed through the Howard Hughes Medical Institute's Collaborative Hazardous Waste Management Demonstration Project and the Need for Regulatory Changes to Carry Out Project RecommendationsPublication
 Description: The Report was prepared at the direction of the Fiscal Year 2001 Departments of Veterans Affairs, Housing and Urban Development and Independent Agencies Appropriations Committee (Senate Report 106-410 and House Report 106-674 accompanying H.R. 4635). The Report discusses a collaborative project EPA participated in with the Howard Hughes Medical Institute, ten major academic research institutions, and states. The collaborative project established and evaluated a performance-based approach to management of hazardous wastes in the laboratories of academic research institutions.
 
01/28/2002MARJOL BATTERY SITE REMEDY SELECTIONMemo
 Description: EPA Region III considered a broad range of remedy alternatives for the Marjol site through the standard process for making remedial decisions under RCRA. EPA is convinced that the remedy selected for the site is protective and appropriate. Within the Office of Solid Waste and Emergency Response, the Technology Innnovation Office (TIO) serves as an advocate for innovative and effective remediation technologies.
 
11/14/2001EXTENSION OF THE OFF-SITE RULE FOR SAFETY-KLEEN FACILITIES Memo
 Description: EPA Region VIII extended the Off-Site Rule deadline to November 30, 2001, for the Aragonite and Clive Safety-Kleen facilities to provide time for the state to approve the new certificate of insurance. Because Safety-Kleen has failed to obtain compliant financial assurance for the Grassy Mountain and Deer Trail facilities, EPA can not justify a deadline extension. If these facilities obtain compliant financial assurance, a new determination of acceptability can be initiated.
 
10/03/2001GTX COMBUSTION FACILITYMemo
 Description: Under RCRA, facilities must obtain a permit prior to operating a hazardous waste combustion facility. States authorized to implement the federal RCRA permit program have the primary responsibility to ensure that each permit is protective and meets all necessary requirements. The permit issued to the GTX facility by the Louisiana Department of Environmental Quality (LDEQ) was rescinded and later overturned in Louisiana Courts. EPA, LDEQ and GTX have taken measures to add to the protectiveness of the facility’s permit, including upgrading existing combustion equipment, pre-trial and post-trial burn risk assessments, and hazardous waste burning limitations.
 
08/07/2000FEDERAL CONTROLS OF DRY CLEANING FLUID PERCHLOROETHYLENEMemo
 Description: RCRA mandates EPA establish requirements for management of hazardous waste such as perc (perchloroethylene, tetrachloroethylene). EPA has developed numerous compliance assistance documents for dry cleaning industry. EPA’s Design for the Environment Program (DfE) forms voluntary partnerships to evaluate environmental considerations of products and processes.
 
02/09/1999STORAGE AND DISPOSAL OF MIXED TRANSURANIC WASTE (MTRU) Memo
 Description: EPA extended enforcement policy to address cases where mixed wastes are inadequately treated and stored illegally. Policy requires generators to use any treatment technology or disposal capacity available or face potential enforcement action. Mixed waste must be safely stored in compliance with EPA regulations (SEE ALSO: 63 FR 59989; 11/6/98).
 
11/01/1998FREQUENTLY ASKED QUESTIONS ABOUT RCRA ENFORCEMENTQuestion & Answer
 Description: EPA can use administrative, civil, or criminal enforcement actions to address RCRA violations. Penalty amounts are assessed based on case-specific facts. The penalty calculation consists of a base penalty amount, a multi-day component, an adjustment based on case specific circumstances, and consideration of the economic benefit gained. EPA may reduce or waive gravity-based penalties for violations that are promptly disclosed and corrected (SEE ALSO: 60 FR 66707; 12/22/95).
 
05/01/1998Environmental Fact Sheet: Final Standards for Hazardous Waste Combustors - Phase IPublication
 Description: Describes EPA's final standards for four items in the first phase of finalizing its proposal to revise the air emission standards for certain units that combust hazardous wastes (i.e., hazardous waste generators, hazardous waste burning incinerators, cement kilns, and lightweight aggregate kilns.
 
07/09/1997CLARIFICATION OF SUBPART CC STANDARDSMemo
 Description: Subpart CC container standards allow three options for compliance demonstration, one of which is compliance with applicable DOT requirements. To demonstrate Subpart CC compliance using DOT regulations, the containers must be in compliance with all four requirements in Section 265.1087(f). Provides an in depth discussion of each requirement. Containers are not subject to 49 CFR part 178 or 179 are not eligible for the demonstration. Subpart CC requires strict compliance with all applicable DOT requirements in order to be eligible. Subpart CC requires a visual inspection of each regulated container which is transported to a regulated facility and contains hazardous waste at the time of arrival. The inspection should ensure that the container has no visible openings or gaps and must be conducted on or before the date that the container is accepted at the facility.
 
01/17/1997USE OF THE CORRECTIVE ACTION ADVANCE NOTICE OF PROPOSED RULEMAKING AS GUIDANCEMemo
 Description: Discusses the history of the RCRA corrective action program (Sections 3004(u)), 3004(v), 3008(h), and 3005(c)(3) omnibus permitting authority). Subpart S Advanced Notice of Proposed Rulemaking (ANPR), published May 1, 1996 (61 FR 19432), introduces a strategy for improving corrective action through the Subpart S initiative, identifies principles and goals of programs, requests information to assist program improvements, gives program status report, and highlights flexibility of the current program. Although the ANPR is not regulation, EPA expects that it will be used as guidance.
 
04/10/1996UNIVERSAL WASTE RULE - IMPLEMENTATIONMemo
 Description: EPA encourages the timely development of universal waste (UW) collection systems, and encourages states to quickly adopt the UW rule. UW rule authorization is a high priority. If a state adopts the UW rule, but is not authorized, the Region should enforce only if there is non-compliance with Part 273 standards. EPA may choose to use 7003 authority for UW management that causes imminent and substantial endangerment (SEE ALSO: 64 FR 36466; 7/6/99).
 
03/25/1996SCOPE AND APPLICABILITY OF THE AREA OF CONTAMINATION (AOC)Memo
 Description: The letter from Lowrance to Green (RPC# 6/11/92-01) reflects the current agency area of contamination (AOC) policy. Movement of media within an AOC does not trigger RCRA, including land disposal restrictions (LDR). The AOC concept can be applied in a remediation action that is not overseen by a government agency. An AOC does not shield a facility from state or federal cleanup requirements.
 
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