United States         Office of Solid Waste
                     Environmental Protection   and Emergency Response     EPA/530-SW-91 04fl
                     A9ency             Washington DC 20460        Ma/1991

                     Office of Solid Waste    ~~~~          '     '      "  '	
SEPA         Environmental
                     Fact  Sheet
                     EPA Amends Primary. Petroleum
                     Sludge Ustiog.
                  /'M? Prormd9atton °f t*e Primary Petroleum Sludge Listing in the fall of
            1990. EPA is clarifying the listing to exclude non-cvnta^nce-thnLjh c^Sna
            waters and JUxtt& emanating, from FO3& units as a result of biological treatment
            EPA consttiers these wastes to be significantly different in concentration and

            ^M^^^        the ** °fth£ 0riQinaL l{stif^' M the same
            EPA fc reaves*^ a
            justify a new listing.
         The Resource Conservation and Recovery Act (RCRA) authorizes the
       Environmental Protection Agency (EPA} to designate or "Hsr wastes
       as hazardous.  Listings are used to capture specifically identified waste
       streams that may not be captured by "characteristic" criteria. A listed
       waste has been determined to have hazardous constituents present at
       levels that may pose a threat to human health and the environment
       and must be handled as hazardous "from cradle to grave."

         Based on a 1980 proposal and subsequent data-gathering efforts
       on November 2, 1990,, EPA promulgated a final rule under RCRA,
       listing two new wastes. Designated as F037 and F038, those wastes
       are generated in the primary and secondary separation of oil, water,
       and solids from petroleum refinery process wastewater and oily cooling
       wastewaters.                                                 &

         Since publishing the final rule, EPA has realized that including non-
      contact, once-through water in the definition of "oily cooling waters"
      may unintentionally extend the F037 and F038 listings to wastes that
      have much lower concentrations of hazardous constituents than other
      listed petroleum treatment wastes.  Unlike contact cooling waters, most
      non-contact once-through cooling waters have little exposure to the
      toxic constituents present in primary and secondary treatment shidges.
      and thu&have significantly lower concentration^of hazardous
      constituents; As these waters would not te expected to generate
      Hazardous primary treatment sludges, EPAbclievrs they should: be.
      addressed separately.

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