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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.
 
03/02/2016TREATMENT OF HAZARDOUS WASTE AIR FILTERS BY COMPACTINGMemo
 Description: Compacting and baling hazardous waste air filters is considered “treatment” per the definition in 40 CFR 260.10; however, EPA notes that treatment determinations are generally site-specific and recommends facilities work with appropriate authorized states. The compacting process is intended to alter the physical characteristics of waste filters being sent for disposal to reduce the volume, which meets the definition of treatment. If the generator conducts this treatment in compliance with the standards in 40 CFR 262.34 and the container and tank standards in 40 CFR Part 265 subparts I and J, then treatment may be conducted in a 90- or 180-day area without a permit. [Note: the November 28, 2016, final Hazardous Waste Generator Improvements Rule (81 FR 85732) moved many of the citations in the CFR.]
 
07/17/2015RCRA REGULATORY STATUS OF SPENT REFRACTORY BRICKMemo
 Description: In a particular process, treatment of spent, crushed hexavalent chrome bricks essentially regenerates the chromium back into trivalent chromium, and this treated material then becomes the feedstock to produce new trivalent chromium refractory bricks. Per 40 CFR 261.2(c)(4), regeneration of a secondary material is a form of reclamation, and the reclamation of particular types of secondary materials, such as spent materials, is subject to RCRA regulations. Furthermore, the RCRA regulations at 261.2(e) involving the direct use/reuse of a secondary material as an ingredient or as an effective substitute in a manufacturing process do not apply when the material is being reclaimed and therefore are not applicable in this situation.
 
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.
 
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