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What's New in RCRA Online

New or updated "Memo/Letter", "Question and Answer", and "Publication" document types:
  • March 2016 RCRA Online update. 25 New Memo/Letter/Q&As (14855-14879)
  • December 2015 RCRA Online update. 1 New Memo/Letter/Q&As (14854)
  • October 2015 RCRA Online update. 1 New Memo/Letter/Q&As (14853)
  • August 2015 RCRA Online update. 1 New Memo/Letter/Q&As (14852)
  • July 2015 RCRA Online update. 2 New Memo/Letter/Q&As (14850, 14851)
  • April / May / June 2015 RCRA Online update. 3 new Publications (51451-51453)
  • June 2015 RCRA Online update. 1 New Memo/Letter/Q&As (14849)
  • January / February / March 2015 RCRA Online update. 5 new Publications (51446 - 51450), 2 Updated Publications (51249, 51438)
  • February 2015 RCRA Online update. 1 New Memo/Letter/Q&As (14848), 2 Modified Memo/Letter/Q&As (12046, 12236)
  • October / November / December 2014 RCRA Online update. 4 new Publications (51442 - 51445), No Updated Publications
  • November 2014 RCRA Online update. 1 New Memo/Letter/Q&As (14847)
  • October 2014 RCRA Online update. 1 New Memo/Letter/Q&As (14846)
  • July / August / September 2014 RCRA Online update. 2 new Publications (51440, 51441), No Updated Publications
  • September 2014 RCRA Online update. 2 New Memo/Letter/Q&As (14844, 14845)
  • April / May / June 2014 RCRA Online update. 1 new Publication (51439), 1 Updated Publication (51264)
  • June 2014 RCRA Online update. 2 New Memo/Letter/Q&As (14842, 14843)
  • May 2014 RCRA Online update. 2 New Memo/Letter/Q&As (14840, 14841)
  • April 2014 RCRA Online update. 1 New Memo/Letter/Q&As (14839)
  • January / February / March 2014 RCRA Online update. 15 Updated Publications (51052, 51053, 51320, 51322, 51323, 51324, 51325, 51326, 51327, 51328, 51329, 51330, 51331, 51332, 51333)
  • January 2014 RCRA Online update. 1 New Memo/Letter/Q&As (14838)
  • October / November / December 2013 RCRA Online update. 17 Updated Publications (50030, 50037, 50284, 50474, 50652, 50987, 50988, 50989, 50990, 51244, 51245, 51246, 51297, 51321, 51350, 51351, 51371)
  • November 2013 RCRA Online update. 1 Modified Memo/Letter/Q&As (11235)
  • July / August / September 2013 RCRA Online update. 7 New Publications (51432-51438), 17 Updated Publications (50049, 50052, 50435, 50518, 50542, 50614, 51056, 51215, 51217, 51265, 51275, 51369, 51370, 51375, 51379, 51380, 51426)
  • September 2013 RCRA Online update. 1 New Memo/Letter/Q&As (14837)
  • August 2013 RCRA Online update. 1 New Memo/Letter/Q&As (14836)
  • April / May / June 2013 RCRA Online update. 3 New Publications (51429, 51430, 51431)
  • January / February / March 2013 RCRA Online update. 1 New Memo/Letter/Q&As (14835), 1 Modified Memo/Letter/Q&As (11898), 2 New Publications (51427, 51428), 21 Updated Publications (50038, 50436, 50437, 50449, 50462, 50511, 50536, 50544, 50583, 50591, 50623, 50706, 50711, 50777, 50792, 50874, 50903, 50904, 50939, 50953, 51045),
  • October / November / December 2012 RCRA Online update, 2 New Memo/Letter/Q&As (14833, 14834), 1 Modified Memo/Letter/Q&As (14830), 33 Updated Publications (50624, 50943, 51099, 51138, 51199, 51203, 51204, 51205, 51206, 51207, 51257, 51262, 51263, 51317, 51353, 51354, 51355, 51356, 51357, 51358, 51359, 51360, 51361, 51362, 51363, 51364, 51365, 51372, 51376, 51378, 51389, 51390, 51408),
  • July / August / September 2012 RCRA Online update, 9 Modified Memo/Letter/Q&As (11892, 11948, 11976, 12708, 13708, 13731, 13779, 14019, 14048), 8 Updated Publications (50034, 50574, 50575, 50606, 50618, 50654, 50670, 50772),

  • System Changes:
    • March 2005, Several issues were reported by users about the Full Text Search not performing as expected. As a result the database index was rebuilt and the search issues have been resolved.
    • September 2004, Redesigned the Advanced Search Page, removed unused fields, added an "OSW Policy?" field, added another value to the "Document Type" drop-down list, new value is "Question and Answer". Redesigned the Detail screens, removed several unused fields. Updated the "Regulatory Citation" field to display values as hyperlinks that link to the Code of Federal Regulations (CFR) parts or subparts found at the Access GPO website for e-CFR, Part 40, Chapter I (http://www.gpoaccess.gov/cfr/index.html). Updated the "Statutory Citation" field to display values as hyperlinks that link to the specific public laws found at the Legal Information Institute web site (http://www4.law.cornell.edu/uscode/42/ch82.html)
    • April 2003, New RCRA Online Trifold PDF File Published. Removed reference to the Fax On Demand system now that it is no longer used. Redesigned the Advanced Search Page to make it more user friendly.
    • Results of topic, full text and advanced searches will now include not only documents but publications and other outreach materials that have been developed and distributed by the Office of Solid Waste.

    The following is a list of Memos/Letters, Questions and Answers, and Publications from the most recent months update. Click on the 'Title' to view the details of the record.

    Document DateDocument TitleDocument Type
    12/15/2011EPA RESPONSE TO DELHI CHARTER TOWNSHIP REGARDING BIOSOLIDSMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA believes the 40 CFR Part 241 regulations would identify the proposed sludge pellets that will be generated by the Delhi Charter Township (or Township) Wastewater Treatment Plant and burned in combustion units as a non-waste fuel.
     
    12/01/1991GUIDANCE ON DELEGATION OF AUTHORIZATION DECISIONSMemo
    Description: Effective March 11, 1991, the Office of Solid Waste and Emergency Response (OSWER) delegated the responsibility for RCRA Subtitle C State program revision application reviews and authorization decisions to the Regions on a two-year pilot basis (SEE ALSO: Memo, Clay and Elliott to Administrators; March 11, 1991 (RO 13457)). This document discusses the roles of the Regions and Headquarters during delegation, describes oversight of the pilot program, and provides guidance on nationally significant issues.
     
    11/12/2015EPA RESPONSE TO EVERGREEN RECYCLING SOLUTIONS REGARDING EVERGREEN FUELMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA believes that Evergreen Fuel, an engineered fuel produced by Evergreen Recycling Solutions by processing and blending construction and demolition material, and burned in combustion units designed to bum coal for energy recovery, would constitute a non-waste fuel under 40 CFR Part 241.
     
    10/31/2014EPA RESPONSE TO PELLET AMERICA CORPORATION REGARDING FUEL PELLETSMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA believes the Pellet America Corporation fuel pellets (PAF) produced by Pellet America when burned in combustion units for energy recovery would constitute a non-waste fuel under 40 CFR Part 241.
     
    10/05/2011EPA RESPONSE TO INTERNATIONAL PAPER PRODUCTS CORPORATION REGARDING PAPERMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA believes the 40 CFR Part 241 regulations would identify Enviro-Fuelcubes (EFC), composed of non-hazardous raw material feedstocks such as paper and other materials, generated by the International Paper Products Corporation (IPPC) and burned in combustion units as a non-waste fuel.
     
    09/29/2014EPA RESPONSE TO WERC-2, INC. REGARDING PROCESS ENGINEERED FUELMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA believes that EcoTac, non-hazardous, waste-derived substitute fuel, would be considered a non-waste fuel under the 40 CFR Part 241 regulations provided the specifications identified in WERC-2’s request are maintained, including, but not limited to, the moisture and ash content remain at 15% or less, the chlorine content remains less than 0.3% and the sulfur content remains at or above a 1:1 stoichiometric ratio with chlorine, determined by daily composite sampling.
     
    08/24/2012EPA RESPONSE TO RECOMMUNITY REGARDING REENGINEERED FEEDSTOCKMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA believes that the ReEngineered Feedstock proposed to be generated by ReCommunity, Inc. would be considered a non-waste fuel under the 40 CFR Part 241 regulations.
     
    08/22/2013EPA RESPONSE TO WASTE MANAGEMENT REGARDING SPECFUELMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA believes that SpecFUEL, an engineered fuel produced from the processing of various solid waste materials, would be considered a non-waste fuel under the 40 CFR Part 241 regulations provided the specifications identified in Waste Management’s request are maintained, including, but not limited to, the moisture and ash content remain at 15% or less, the chlorine remains less than 0.3% and the sulfur content remains at or above a 1:1 stoichiometric ratio with chlorine, determined by daily composite sampling.
     
    08/22/1986EFFECT ON STATE AUTHORIZATION OF HSWA SECTION 3006(F): AVAILABILITY OF INFORMATIONMemo
    Description: This document expands on the discussion of Section 3006(f) in the preamble to the RCRA Codification Rule (50 FR 28754; July 15, 1985) and explains how EPA intends to determine whether States have satisfied the Section 3006(f) standards.
     
    08/05/2011EPA RESPONSE FOR RUBBER MANUFACTURERS ASSOCIATION REGARDING FACTORY SCRAP TIRESMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA believes that off-spec tires that are managed by the manufacturer and transferred to a combustor fit within the intent of the regulatory requirement codified in 40 CFR 241.3(b)(2)(i) and the definition of “established tire collection program.” However, the Agency is not able to provide a more definitive position without having more detailed information, such as how these off-spec tires are managed, who would generate them, whether they would be used within a reasonable timeframe, etc.
     
    07/23/1986INTERPRETATION OF APRIL 24, 1986 DRAFT GUIDANCE ON §3006(F) OF RCRAMemo
    Description: EPA's draft guidance on Section 3006(f) of RCRA requires States to respond to Freedom of Information Act (FOIA) requests within twenty days. EPA does not believe that this requirement can be handled through a Memorandum of Agreement (MOA). Under 40 CFR 2.112, failure to respond to a FOIA request in 20 days constitutes a final agency action which triggers judicial review. Thus, the 20-day deadline is not a procedural requirement, but an inherent part of a substantive requirement and must be included in statutes or regulations.
     
    07/02/2015EPA RESPONSE TO FINCH PAPER REGARDING PULP AND PAPER DIGESTER REJECTSMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA believes the pulp and paper digester rejects burned for energy recovery in Boiler #9 would constitute a non-waste fuel under 40 CFR Part 241.
     
    06/26/2013EPA RESPONSE TO WE ENERGIES REGARDING COAL ASHMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA believes the material recovered from We Energies’ landfills, processed with virgin coal and used as a fuel in combustion units, constitutes a non-waste fuel under 40 CFR Part 241.3. In making this determination, EPA concludes that, in this specific instance, the recovered coal ash material consists of both unburned coal which contains carbon utilized as a fuel for energy recovery and coal ash which is utilized in the production of concrete.
     
    06/04/2014EPA RESPONSE TO N-VIRO INTERNATIONAL CORPORATION REGARDING BIOSOLIDSMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA believes the N-Viro FuelŪ produced by N-Viro International and burned in coal-fired combustion units for energy recovery would constitute a nonwaste fuel under 40 CFR Part 241 when substituting for 20% or less of the coal fuel required to operate the combustion unit.
     
    05/13/2011EPA RESPONSE TO COMMENT REGARDING CONTAINED GAS IN THE NON-HAZARDOUS SECONDARY MATERIALS FINAL RULEMemo
    Description: EPA’s response to a comment requesting that EPA include in the Non-Hazardous Secondary Materials (NHSM) final rule a definition of “contained gaseous material” did not change any previous EPA positions. EPA clarifies that the Agency's previous statements and interpretations remain effective. Thus, burning of gaseous material, such as in fume incinerators (as well as other combustion units, including air pollution control devices that may combust gaseous material) does not involve treatment or other management of a solid waste (as defined in RCRA Section 1004(27)).
     
    05/08/2013EPA RESPONSE TO VEXOR TECHNOLOGY REGARDING ENGINEERED FUEL FROM INDUSTRIAL SOURCESMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials (NHSMs) that are solid waste. Based on the information provided, EPA believes that VEXOR Engineered FuelŪ - which VEXOR produces from processing of industrial and commercial NHSMs and ReEngineered Feedstock (SEE ALSO: Memo, Berlow to O’Brien and Wyman; August 24, 2012 (RO 14863) - is a non-waste fuel when burned in combustion units.
     
    04/25/2011COMBUSTION IN A CEMENT KILN AND CEMENT KILNS’ USE OF TIRES AS FUELMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA concludes that no cement kiln would have been classified as a Commercial or Industrial Solid Waste Incineration (CISWI) unit based on the use of secondary materials as an ingredient had the solid waste definition in Part 241 been promulgated at the time of the testing or the time of promulgation of the final NESHAP. In addition, with the exception of the facilities that either acknowledged accepting tires that had been discarded or provided information from which some acceptance can reliably be inferred, the use of tire derived fuel by itself would not have resulted in a cement kiln being defined as a CISWI unit.
     
    04/17/2013EPA RESPONSE TO STRATEGIC MATERIALS REGARDING PAPER FLUFF PELLETSMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA believes that paper fluff fuel pellets that would be combusted and used as a fuel by facilities outside the control of the generator or on-site at Strategic Materials, Inc.'s recycling facilities would be considered a non-waste fuel under the 40 CFR Part 241 regulations.
     
    04/05/2001REFLECTING RCRA CLEANUP REFORMS IN MOAS BETWEEN EPA AND STATES AUTHORIZED FOR CORRECTIVE ACTIONMemo
    Description: OSWER’s announcement of the RCRA Cleanup Reforms in July of 1999 emphasized a results-oriented focus, more flexible approaches, and meeting Environmental Indicators. On January 11, 2001, OSWER announced a second set of reforms that built upon the July 1999 reforms and added new initiatives to strengthen them. EPA’s operating agreements with State agencies should reflect and emphasize the RCRA Cleanup Reforms. For that purpose, as a component of the second round of reforms, EPA has developed the model language set forth in this memorandum for States to include in new or renegotiated Memoranda of Agreement (MOAs) where States are authorized for RCRA Corrective Action.
     
    04/03/2012EPA RESPONSE TO LHOIST REGARDING ENGINEERED FUEL PRODUCTSMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA believes the 40 CFR Part 241 regulations would identify the proposed engineered fuel products that will be generated by a third party fuel supplier and burned for energy recovery in a pilot test in combustion units owned and operated by Lhoist North America in St. Genevieve, Missouri as a non-waste fuel.
     
    03/16/2012EPA RESPONSE TO DTE ENERGY SERVICES REGARDING BIOSOLIDSMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA believes that under the 40 CFR Part 241 regulations the processed biosolids-proposed to be generated by DTE Energy Services (DTEES) through the Detroit Biosolids Project and burned in the described combustion units-would be considered a non-waste fuel.
     
    03/11/2013EPA RESPONSE TO WELLONS ENERGY SOLUTIONS REGARDING POULTRY LITTERMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA believes that under the 40 CFR Part 241 regulations, poultry litter which is processed in the manner described by Wellons Energy and burned in the described combustion units would be considered a non-waste fuel.
     
    02/17/2016ONE QUART LIMIT FOR P-LISTED WASTE IN SATELLITE ACCUMULATION AREASMemo
    Description: EPA’s regulatory language in 40 CFR 261.33(c) states the residues remaining in containers that held commercial chemical products are hazardous wastes. EPA has clarified that a hazardous waste residue may be considered separately from its container for purposes of determining the weight of hazardous waste and thus which generator rules apply (SEE ALSO: Monthly Call Center Report Question, November 1983 (RO 12151); Memo, Shapiro to Joseph; December 23, 1993 (RO 11803); and Memo, Rudzinski to RCRA Division Directors; November 4, 2011 (RO 14827)). Accordingly, the same principle would apply for containers in SAAs that held P-listed commercial chemical products that are not RCRA empty per 261.7, and the one-quart accumulation limitation in an SAA (262.34(c)) only applies to acute hazardous waste and any residues within the container. The container itself does not need to be included when calculating the maximum accumulation volume of acute hazardous waste in a SAA.
     
    02/06/2013EPA RESPONSE TO ROARING SPRINGS REGARDING FUEL CUBESMemo
    Description: This letter is an example of an EPA decision regarding 40 CFR Part 241, the identification of non-hazardous secondary materials that are solid waste. Based on the information provided, EPA believes the fuel cubes produced by Roaring Spring Biofuel and burned in appropriate combustion units would constitute a non-waste fuel under 40 CFR Part 241.
     
    01/20/2016BACKGROUND PAPER FOR EVALUATING THE USE OF CATHODE RAY TUBE (CRT) GLASS AS A SUBSTITUTE FOR LEAD OXIDE IN CERAMIC TILE MANUFACTURINGMemo
    Description: On September 10, 2014, EPA issued a letter regarding the use of cathode ray tube (CRT) funnel glass as a substitute for lead oxide in the production of ceramic tiles (SEE: Memo, Johnson to York; September 10, 2014 (RO 14845)). In that letter, EPA found that CRT funnel glass may be excluded from RCRA hazardous waste regulations under the “use/reuse” exclusion (40 CFR 261.2(e)) for hazardous secondary materials used as an ingredient to make a product or used as an effective substitute for a commercial product, as long as that use is legitimate. This paper provides background information that EPA considered in developing the September 2014 letter.
     


    If you want more information on the RCRA program, please visit the Office of Solid Waste Contact us page. This page provides, among others, links to EPA's Regional Offices, State environmental offices and the RCRA Frequently Asked Questions (FAQ) database.

 

 
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