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 Part  Three:  Relationship to Other RCRA Subtitle C Programs
 CORRECTIVE ACTION AND CLOSURE                                3-3
 •    TC increases universe of regulated and affected facilities; therefore:

           Number of Subtitle C permitted and interim status facilities subject to
           corrective action will  increase
           Number of permitted or interim  status facilities deciding to close will
           increase
           Number of post-closure permits will  increase

/•)   Excavated material from corrective action and closure that exhibits the TC must
      be managed as hazardous waste

      TC levels are not used to set clean-up levels for corrective actions or clean
      closures
 •    To the extent that the TC adds more wastes of concern or brings more
      facilities  under the RCRA program as hazardous waste management facilities,
      additional units and facilities will be newly subject to the Subtitle C corrective
      action and closure requirements.

 •    Previously unregulated TSDFs managing TC wastes will be subject to RCRA
      requirements if they do not close  or change management practices (e.g.,
      exempt tanks) before TC becomes effective.

 •    Existing  RCRA facilities may have  to amend their closure plans to reflect newly
      regulated units.

 •    RIA estimates that at least 93 facilities will decide to close rather than seek a
      permit; number that actually decides to close may be  much higher.

 •    The Subtitle C corrective action program addresses remediation of releases of
      hazardous waste or constituents from facilities subject  to RCRA permitting. The
      TC levels are neither action levels nor cleanup standards, both of which are
      developed from site-specific information gathered during the investigatory  and
      evaluative phases of the process.

 •    TC constituent levels also are not related to:

           health-based cleanup standards,
           or "clean closure" levels

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Part Three:  Relationship to Other RCRA Subtitle  C Programs
LAND DISPOSAL  RESTRICTIONS                                      3-4
     Some TC wastes not immediately subject to LDRs on effective date of TC rule;
     others will have LDR standards:

          LDR standards will be in effect for 14 wastes previously regulated
          under EP
          No LDR standards for 25 new TC wastes

     LDR treatment standards based on best demonstrated available technology
     (BOAT); the characteristic (regulatory)  levels developed using risk-based
     approach

          Nevertheless, for some constituents, LDR treatment standards are set at
          the characteristic (regulatory)  level
     HSWA requires EPA to make an LDR determination for all newly listed wastes
     within 6 months of publication in the Federal Register, or by the effective date
     of TC.  Newly listed or identified wastes are not automatically prohibited from
     land  disposal under LDRs if EPA fails to make this required determination
     within six months (i.e., no "hammer" provisions).

          EPA has set LDR standards for  14 EP characteristic constituents, which
          EPA does not consider newly identified.  These 14 constituents will have
          to meet LDR treatment standards before land disposal on effective date of
          TC rule.

          The 25 new organics identified by the TC are considered newly identified
          constituents and are not  (yet) affected by LDRs. A separate rulemaking
          will be required to set LDR standards for these constituents.

     EPA  will review treatability of each TC constituent independently when setting
     LDR  treatment standards for TC wastes.  These standards may differ from
     standards set for spent solvent wastes (F001-F005) based on differences in
     treatability.

     Since LDR treatment standards are based entirely on technology-based
     standards expressed  as BOAT, while  TC levels are based upon health-based
     allowable concentration levels and dilution/attenuation factors, the TC levels are
     not the same as LDR treatment standards.  However, for many of the
     characteristic wastes, EPA has set the LDR treatment standards at the
     characteristic (regulatory) level.

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Part Three:  Relationship to  Other RCRA Subtitle C Programs
MINIMUM  TECHNOLOGY REQUIREMENTS                           3-5
     Facilities newly regulated under RCRA because of TC may need to comply with
     minimum technology requirements

     RCRA imposes minimum technology requirements on owners/operators of
     certain landfills and surface impoundments seeking permits

     HSWA requires:

          Interim status waste piles,  landfills, and surface impoundments to meet
          certain minimum technology requirements
          Surface impoundments to  be retrofitted to meet minimum technology
          requirements
     Existing land disposal units (except surface impoundments) that already
     contained wastes that exhibit the TC will not require retrofitting unless they are
     expanding or are replacing units or continuing to place TC wastes in unit after
     TC effective date.

     The minimum technology requirements for interim status surface impoundments
     are found in 40 CFR 265.221.

     Surface impoundments that become regulated under Subtitle C because of the
     TC rule will need to meet the minimum technology requirements by March
     1994.  This extension applies only to those impoundments that contain solely
     the newly identified or characteristic wastes.

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Part Three:  Relationship to Other RCRA  Subtitle C Programs
EXEMPTION FOR  TANKS                                              3-6
     TC wastes treated in wastewater treatment tanks are exempt from hazardous
     waste management standards under 40 CFR 264.1 (g) and 265.1 (c)

     Generators that manage TC wastewaters in on-site surface impoundments may
     switch to exempt tanks
     To escape Subtitle C regulation, generators and handlers must convert their
     surface impoundments to tanks prior to effective date of final rule

     Facilities managing TC wastes after the effective date, even unintentionally, will
     be subject to interim status standards

                                                         / -   ?„ r JL v
                                                         iT — **    a
     40 CFR 264.1 (g) and 265.1 (c) exempt treatment of hazardous wastes in
     wastewater treatment units from regulation under Subtitle C.

     A generator choosing to continue managing wastewaters in an on-site surface
     impoundment or to manage non-wastewaters on-site will require either interim
     status (and eventually a RCRA permit) or a RCRA permit modification or
     change during interim status, depending on whether or not the facility is
     currently a Subtitle C TSDF.

     If the conversion to tanks is not complete before the effective date of the final
     rule, the facility will need to apply for interim status, and the surface
     impoundment will be subject to the 40 CFR Part 265 closure  and  post-closure
     requirements.

     Part VI of this course discusses implementation scenarios in more detail.

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Part  Three:  Relationship to Other RCRA Subtitle C Programs
MIXTURE RULE EXEMPTION                                           3-7


•    Mixture rule exemption was not modified in TC rule; mixtures of wastewaters
     and certain listed spent solvents are exempt unless the wastewaters:

          Exhibit a characteristic, or
          Contain listed hazardous wastes not specified in the exemption

•    TC may bring currently exempted wastewaters under Subtitle C regulation

•    EPA is considering reducing mixture rule exemption levels
     The mixture rule under 40 CFR 261.3(a)(2)(iv) provides an exemption from
     RCRA Subtitle C regulation for mixtures of wastewaters and certain listed spent
     solvents in low concentrations.

     The mixture rule exemption is an exemption from the hazardous waste listings,
     not the characteristics.  Therefore, the mixture rule  exemption is not an
     exemption from the TC rule.

     The mixture rule exemption ensures that mixtures of wastewaters and certain
     listed spent solvents will not be considered hazardous unless they exhibit a
     characteristic  of hazardous waste.

     EPA plans to  propose in the future that the mixture rule exemption levels be
     reduced so that they are equivalent to, or lower than, the TC regulatory levels.
     This would clarify the mixture rule exemption and make it more consistent with
     current risk information.

     The TC regulatory levels are  based on state-of-the-art toxicological data and
     risk assessment methodologies, and are the best measures available to identify
     wastewater mixtures that pose a threat to  human health and the environment.
     In  contrast, the mixture rule exemption levels are based upon less current risk
     information.

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Part Three:  Relationship to Other RCRA Subtitle  C Programs
PREVIOUSLY DELISTED WASTES     Q#> <***•  ^o, 2 *3             3-8
     A waste may not be delisted if it exhibits a hazardous characteristic (e.g., the
     characteristic of toxicity)

     TC rule applies to already delisted wastes that exhibit the TC

         These wastes no longer considered "not hazardous"
         Wastes must be managed under Subtitle C

     Delisting levels are generally more stringent than the final TC levels; therefore,
     impact of TC rule  on previously delisted wastes is expected to be minimal
     Wastes "excluded" from Subtitle C regulation under the delisting program may
     nevertheless be hazardous if they exhibit a hazardous characteristic (see 40
     CFR 260.22).  Hazardous waste characteristic levels are those above which a
     waste is hazardous due to a particular property; delisting levels are those
     below which a waste is not hazardous for any reason. Thus, it is reasonable
     that these two levels do not coincide.

     EPA has decided to use the Toxicity Characteristic model  (EPACML) in place of
     the model currently used in the delisting program.

     Although the TC rule applies to delisted wastes, EPA does not, in general,
     expect that  such wastes will become hazardous because of application of the
     revised TC.   However,  if a previously delisted waste exhibits the TC, it will again
     be subject to Subtitle C requirements and the facility will have to notify EPA of
     its activity.

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Part Three:  Relationship to Other RCRA Subtitle C Programs
SPECIAL WASTE EXEMPTIONS                                       3-9


•    RCRA defines four special waste categories:

         Mining wastes
         Mineral processing wastes
         Oil and gas wastes
         Domestic sewage

•    Subtitle C may apply to special wastes on a case-by-case basis

•    Special waste exclusions are being reevaluated as mandated by Congress

•    TC may be  applicable to those special wastes regulated under Subtitle C
     If EPA makes a determination that any special wastes should be regulated
     under RCRA Subtitle C, the Agency will at that time make a separate
     determination concerning the applicability of the  TC to such wastes.

     After completing the studies required by RCRA Section 8002, EPA may
     determine that one or more special wastes should be regulated under RCRA
     Subtitle C.  Such wastes would then be  listed or the generators required to
     determine whether the wastes exhibit a hazardous characteristic, including TC.

     Bevill wastes (i.e., mineral processing) and oil and gas wastes are currently
     having their regulatory status reviewed.  Several  formerly exempt Bevill wastes
     have had their exclusion removed and are now being regulated under Subtitle
     C.

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 Part Three:  Relationship to Other RCRA Subtitle C Programs
 MIXED WASTE                                                        3-10


 •    Mixed waste with TC constituents is considered HSWA regulated

 •    Therefore, EPA Regions have responsibility to implement

           State mixed waste status for TC-contaminated wastes does not matter

 •    Many generators will be small quantity generators

 •    EPA  Regions will need to issue storage permits
.•'"•)   Mixed waste regulation is not a HSWA provision.  Therefore, generally, EPA will
      not administer mixed waste regulations.

 (•}   Mixed waste with TC constituents is HSWA; therefore, EPA has responsibility to
      implement the RCRA program.

           State status regarding mixed waste does not matter for TC mixed wastes.

           EPA will administer program in States that both have and do not have
           mixed  waste authorization.

 •    Many generators of mixed waste may be small quantity generators (e.g.,
      universities,  hospitals).

 •    Major EPA role will be to issue permits to storage facilities (there are  no
      approved disposal facilities).


                         ^.s  "*      ,.,*J:*<^

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Part Three:  Relationship to Other RCRA Subtitle C Programs
OVERVIEW: TC AFFECTS OTHER RCRA REGULATIONS           3-11


•   The TC will have no direct effect on  the following:

         Hazardous waste listings
         Waste that are hazardous by the "mixture" and "derived from" rules
         Wastes already excluded from  regulation under §261.4

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Part  Three:  Relationship to Other RCRA Subtitle C Programs
HAZARDOUS  WASTE LISTINGS                                       3-12
     TC rule has no effect on listings of hazardous waste

     Waste listed as hazardous is always considered hazardous, unless delisted

          Listed wastes with concentrations of TC constituents below regulatory
          levels are still hazardous
     Hazardous waste listings will continue to complement the revised TC, as they
     did the EP characteristic.  The TC revisions do not justify elimination of any of
     the hazardous waste listings.

     Listed wastes continue to be hazardous, despite the fact that they may contain
     TC constituents in concentrations below the regulatory levels.

     TC regulatory levels are not designed to identify the full  range of wastes that
     may be toxic to human beings.  Instead, the characteristic levels were
     established at concentrations where there is a high degree of certainty that any
     wastes with constituents at levels exceeding the  regulatory levels pose a
     potential threat to human  health.

     Listed wastes that pass the characteristic test  may nevertheless be hazardous,
     either  because:

         They contain listed constituents at concentrations below the TC regulatory
         levels but at levels and under circumstances that nevertheless render the
         waste hazardous, or
         They contain hazardous constituents that are not covered by the TC rule.

     Listed wastes frequently contain hazardous constituents  other than the ones
     cited in Appendix VII of 40 CFR Part 261. The additional hazardous
     constituents that are present in a waste may not be on the list of TC
     constituents.  Removing wastes from a hazardous waste listing without an
     evaluation of additional constituents would be  inconsistent with the intent of
     RCRA §3001 (f).

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Part Three:  Relationship to Other RCRA Subtitle C Programs
"MIXTURE" AND "DERIVED FROM" RULES                           3-13
     TC has no effect on regulatory status of waste mixtures or derived from wastes

          Mixture of listed wastes and solid wastes and residues  derived from listed
          wastes are still hazardous until delisted

     TC alone is not  adequate to regulate mixtures and treatment residues

     Problems may result by applying mixture and derived from rules

          EPA expects to establish self-implementing de minimis  exemption
     The "mixture" rule (40 CFR 261.3(a)(2)(iv)) states that any mixture of a listed
     hazardous waste and a solid waste is itself a RCRA hazardous waste.

     The "derived from" rule (40 CFR 261.3(c)) states that any waste derived from
     the treatment, storage, or disposal of a listed hazardous waste is hazardous.

     EPA  does not believe TC rule alone is sufficient to determine if waste mixtures
     or treatment residues are hazardous.  Many of the reasons are the same as for
     listings:

          May be additional, non-TC constituents in mixture or residue that make
          substance hazardous;
          May be inconsistent with RCRA §3001 (f); or
          Concentration levels below TC levels may still pose risk to human health
          or environment.

     The mixture  and derived from rules may create some inequities  in the treatment
     of certain diluted wastes.  For example, very low concentrations of constituents
     in listed wastes may still be considered hazardous after treatment.

     EPA  plans to propose an amendment to the definition of hazardous waste,
     establishing  self-implementing de minimis exemption levels for hazardous
     constituents  found in listed wastes.   Listed wastes that meet these exemption
     levels would no longer be listed hazardous wastes and thus would need to be
     managed as hazardous wastes only if they exhibit a hazardous waste
     characteristic.

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Part Three:  Relationship  to  Other RCRA Subtitle C  Programs
§261.4(b) EXCLUSIONS	3-74


•    TC rule does not apply to wastes that are already excluded from Subtitle C
     regulations under §261.4

          For example, household hazardous waste is excluded from
          Subtitle C;  it remains excluded after TC effective date

•    TC rule does not add any exclusions to the applicability of previously
     promulgated hazardous waste characteristics
     Wastes already excluded from Subtitle C regulations will continue to be exempt
     from regulation as hazardous wastes, even if they exhibit the TC.
                                                   \
     EPA does not at this time intend to expand the list of exemptions under
     §261.4(b) to include creosote- and pentachlorophenol-treated wood.

     Other wastes that are excluded from Subtitle C in §261.4(b) include:

          Household hazardous wastes
          Certain mining wastes
          Certain solid wastes generated from farming or raising animals
          Certain wastes generated primarily from the combustion of coal or other
         fossil fuels
         Waste associated with production of crude oil and natural gas
         Some chromium containing wastes
         Solid waste from extraction, beneficiation, and processing of ores and
          minerals
          Cement kiln dust waste
          Certain wood or wood products

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iV

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            PART FOUR

Relationship of Toxicity Characteristic
           to Other Laws

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Part Four:  Relationship to Other Programs
OVERVIEW                                                           4-1


     •    Underground Storage Tanks (LIST)

     .    CERCLA or Superfund

         Clean Water Act (CWA)

         Safe  Drinking Water Act (SDWA)

     •    Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

     •    Used Oil Recycling Act

     •    Toxic Substances Control Act (TSCA)

     •    Lead Abatement
•    RCRA Regional personnel may be asked questions about how TC affects
     various programs.

•    In general, TC increases the areas in which RCRA overlaps with other
     programs.

•    Some exclusions in TC rule directly address certain overlaps with other laws

     --   UST
         RGBs under TSCA

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Part Four:  Relationship to Other Programs
RCRA SUBTITLE I -  UNDERGROUND STORAGE TANKS             4-2
     Two programs currently regulate underground storage tanks:

         Tanks containing solid or hazardous wastes - Subtitle D or C
         Tanks containing product (petroleum or hazardous substances) - Subtitle I

     TC may increase number of tanks regulated under Subtitle C

     Product (petroleum, hazardous substance) that leaks may become a waste and
     may also exhibit TC

     Subtitle I and Subtitle C potentially overlap if a substance exhibits the TC
     characteristic and  origin of substance is not known
     It is important to determine what is contained in a tank to determine which
     regulatory program (i.e., Subtitle C or Subtitle I) applies:

         Subtitle C regulates hazardous wastes
         Subtitle I regulates hazardous substance product and petroleum

     Hazardous product that leaks may become hazardous waste

     Petroleum and hazardous product may exhibit the TC

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Part Four:  Relationship to Other Programs
RCRA SUBTITLE I - UNDERGROUND STORAGE TANKS             4-3


•    Corrective action under Subtitle I addresses releases of product

•    Old releases of product not subject to Subtitle I may have occurred

         Inactive tanks
         In areas considered RCRA solid waste management units

•    If waste exhibits TC for D004-D017, RCRA standards may apply to these old
     releases

•    TC rule exempts D01 8-D042 wastes from RCRA regulation if covered under
     Subtitle I Corrective Action
         Petroleum-contaminated soil and ground water
         Petroleum-contaminated debris (tanks, sludges in tanks)

     EPA is studying impacts of Subtitle C regulation on petroleum-contaminated
     areas
     Petroleum contains several of the TC hazardous constituents.  Therefore, it is
     likely that some of the petroleum-contaminated media will exhibit the TC.

     The management of any petroleum-contaminated media exhibiting TC would
     normally be subject to Subtitle C requirements for hazardous waste
     management.  However, EPA believes further study of these impacts is
     necessary before imposing TC requirements on soil and ground water
     contaminated solely by gasoline from USTs.

     Because the Agency has insufficient information concerning the impact of the
     TC rule on LIST cleanups, but believes that any such impact may  be
     environmentally counterproductive, EPA has decided to defer a final decision
     on the application of the TC to media and debris contaminated with petroleum
     from USTs exhibiting the  D018-D042 waste characteristics that are subject to
     the 40 CFR Part 280 requirements.

     EPA believes deferral of a final decision concerning the application of the TC
     rule to UST cleanups is necessary because imposition of the Subtitle C
     requirements is likely to significantly delay cleanups and severely discourage
     the self-monitoring and voluntary reporting essential to implementation  of the
     UST program.

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Part Four:  Relationship to Other Programs
CERCLA OR SUPERFUND                                            4-4
     CERCLA response actions must comply with all ARARs, including RCRA

     TC will cause more Superfund wastes to be classified as RCRA hazardous
     wastes

     Thus, more Superfund cleanups will be subject to RCRA ARARs

     TC will not however, affect CERCLA clean-up levels
     Comprehensive Environmental Response, Compensation, and Liability Act
     (CERCLA or Superfund) addresses remediation of inactive waste sites.

     ARARs are "applicable or relevant and appropriate requirements."  CERCLA
     must meet other Federal or State environmental requirements when they are
     applicable or relevant and appropriate to CERCLA action.

     Primary effect of TC on Superfund will be to regulate many organic constituents
     found at Superfund sites as RCRA hazardous wastes.

         A current problem at many Superfund sites is determining  if organic
         constituent  is from a listed RCRA hazardous waste (e.g., is acetone a
         spent solvent?)

         Often, there is little evidence about the source of contamination that exists
         at  Superfund sites to prove waste is a listed waste. Therefore, waste may
         not be managed under RCRA (but it will be  handled in a protective
         manner according to risk assessment)

         Under the TC, if acetone is found above TC regulatory level, waste is
         hazardous regardless of whether evidence exists to determine if it  is a
         spent solvent.

     Like RCRA corrective actions, Superfund response personnel will not use the
     TC to determine  whether to undertake a clean-up action; rather, the TC will
     affect decisions concerning the management of wastes generated during
     cleanup activities (i.e., hazardous wastes generated during cleanup must they
     be managed in accordance with Subtitle C).

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Part Four:  Relationship to Other Programs
CLEAN WATER ACT (CWA)	4-5


•   The CWA controls discharges of pollutants to surface waters and to publicly
    owned treatment works (POTWs)

•   Regulatory levels of TC consistent with CWA levels:

         NPDES effluent guidelines
         Pretreatment standards
     Clean Water Act regulates discharges of hazardous substances to surface
     water (through NPDES permit program), and pretreatment standards for
     POTWs.

     EPA believes TC levels and CWA standards are consistent.

     These CWA discharges are exempt from RCRA regulation under 40 CFR Part
     261.

     Therefore, treated wastewaters exhibiting TC are regulated under RCRA unless:

     -- ,  discharged under NPDES unit
         treated in POTW

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Part Four:  Relationship to Other Programs
CLEAN WATER ACT (CWA)	4-6


•   Wastewaters subject to CWA standards

         May not have exhibited RCRA hazardous waste characteristic
         May, however, now exhibit TC
         Therefore, may be subject to RCRA management standards unless
         exempted

•   EPA believes few POTW sludges will exhibit TC

         Those that do are subject to RCRA
         EPA may reconsider exclusion for sludges from RCRA
    Wastewater treatment facilities using impoundments to treat TC waste may be
    subject to RCRA.

         The Agency expects many owner/operators to replace impoundments with
         treatment tanks.

         Wastewater treatment tanks are exempt from  Subtitle C  regulation 40 CFR
         264.1(g)(6) and 265.1(c).

    If a POTW sludge  (from wastewater treatment) exhibits TC, however, the
    owner/operator must treat the sludge to remove the characteristic.

         Through pre-treatment program (i.e., before POTW receives discharge); or

         Treatment after sludge is produced.

    Agency indicates that it may reconsider its current  decision to regulate  under
    RCRA POTW sludges after the sewage sludge management regulations are
    promulgated.

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Part Four:  Relationship to Other Programs
SAFE DRINKING WATER ACT (SDWA)                               4-7


•    SDWA mandates EPA to establish regulations to protect human health from
     contaminants in drinking water

•    SDWA primary drinking water regulations include MCLs for specific
     contaminants

•    TC levels based on SDWA MCLs in many cases
     Safe Drinking Water Act establishes maximum levels of contaminants
     acceptable in public drinking water supplies.

         Maximum Contaminant Levels (MCLs)
         Maximum Contaminant Level Goals (MCLGs)

     TC fate and transport model assumes ingesting contaminated drinking water
     and uses MCLs as basis for setting regulatory levels for many TC constituents.

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Part Four:  Relationship  to Other Programs
SAFE  DRINKING WATER  ACT (SDWA)  	4-8


•    Underground  injection control (UIC) program regulates injection of fluids to
     protect underground sources of drinking water (USDWs)

•    Five classes of wells regulated under UIC

          Class  I - municipal or industrial waste
          Class  II - oil and gas production
          Class  III  - mineral recovery
          Class  IV - hazardous or radioactive waste into or above a USDW
          Class V - all other wells used for injection of fluids
                  (include septic tanks,  sumps)
     Class I  wells are often used by generators of hazardous waste or
     owner/operators of hazardous waste management facilities to inject hazardous
     waste.  The largest user of hazardous waste Class I wells is the  chemical
     industry.

     Class IV wells are  banned with the exception of wells used for remediation of
     aquifers which have been  contaminated with hazardous wastes (40 CFR
     144.13).

     The largest group  of injection wells is Class V,  with approximately 180,000
     wells.  The second largest group of wells is the Class II group which contains
     approximately 150,000 wells, followed by Class III wells with 20,000.   Class I  is
     the smallest class  of wells with 554 reported in 1989.

     The Agency is working on enforcing  the ban on shallow injection of hazardous
     wastes.  The Agency  is also developing guidance  on best management
     practices to reduce the amount and toxicity of  wastes generated by these
     users of Class V wells and to try and eliminate their use for disposal of
     industrial wastes (40 CFR  144.24).

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Part Four:  Relationship to Other Programs
SAFE DRINKING WATER ACT (SDWA)                                 4-9


•    TC rule may:

          Increase number of Class I wells accepting TC wastes
          Bring newly identified hazardous Class I wells into Subtitle C

•    Many Class V wells could be accepting hazardous wastes; number may
     increase with TC rule

•    Class V wells likely receiving TC wastes:

          Agricultural drainage wells
          Industrial drainage wells
          Experimental technology wells
          Industrial process water and waste disposal wells
          Automobile service station wells, and
          Aquifer remediation-related wells
     Most of the categories of Class V wells probably are not currently receiving
     injected RCRA hazardous waste.  Wastes injected into many of the Class V
     wells are exempted from regulation as a hazardous waste.  For example:
     geothermal electric and direct heat  reinjection wells, several of the domestic
     wastewater disposal wells, most of the mineral and fossil fuel recovery-related
     wells,  and certain experimental technology wells.

     Some facilities that inject hazardous wastes in  Class V wells probably are small
     quantity generators and, therefore, may be conditionally exempt from
     hazardous waste regulations, if they produce < 100 kg per month of  hazardous
     waste and meet all other  regulations.

     Many  of the facilities that  operate Class V wells (e.g., auto service stations) also
     generate listed hazardous waste, such as solvents.  It is possible that some
     facilities are not managing their listed  wastes properly and that the wastes are
     entering Class V wells.

     It also appears that fluids released into these wells could contain metals and
     organics on the new TC list of toxicants.

     It is unclear at this time what effects TC will  have on UIC program because
     Class  V program is very new.

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Part Four  Relationship to Other Programs
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
(FIFRA)                                                               4-10


•    FIFRA regulates sale, distribution, and use of all pesticide products

•    TC rule:

         Adds one pesticide to TC constituents
         Retains six pesticides regulated under old EP

•    Other TC constituents may be ingredients in pesticides

•    If pesticide wastes exhibit the TC, they are subject to Subtitle C regulation
     unless they are exempt
     Current RCRA exemptions limit extent pesticide users subject to RCRA:

         Household waste (e.g., household pesticide wastes) exemption.

         Farmers exemption (i.e., if triple rinse containers, dispose  of the rinsate on
         own farm  40 CFR 262.51 and follow label instructions.

         Small quantity generator reduced requirements.  Many pesticide users are
         small quantity generators.

         Properly emptied containers may be exempted  from further RCRA
         requirements under 40 CFR 261.7.  Many pesticide containers, therefore
         may not be subject to regulation as hazardous  waste.

     No change in listed  pesticide wastes that are either pure, technical grade, or
     sole active ingredient product wastes; will continue to be regulated under
     Subtitle C (P and U listings).

         The exemption for arsenic-treated wood was not expanded in the TC rule

         This exemption may be reevaluated in the future

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Part Four:  Relationship to Other Programs
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
(FIFRA)	'	4-11


•    Multiple active ingredient products

          Not listed as hazardous (i.e., not P- or U-wastes when disposed)
          Hazardous only if they are  a solid waste and exhibit a characteristic

•    TC increases potential for multiple active ingredient product wastes to be
     hazardous

•    Principal TC effects felt by: commercial applicators (i.e., large quantity
     generators who use multiple active ingredient products)
     The principal effects of adding new pesticide constituents to the TC will be felt
     by commercial applicators, such as aerial applicators and pest control
     operators. If they use large quantities of multiple active ingredient pesticide
     products  that  have not previously been regulated, such applicators may be
     newly subject  to RCRA Subtitle C requirements.

     Wastes from multiple active ingredient products that do not exhibit a
     characteristic will  still be regulated under any applicable FIFRA and RCRA
     Subtitle D requirements.

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Part Four:  Relationship to Other Programs
USED OIL RECYCLING ACT                                          4-12
     Some used oil exhibits TC or ignitability characteristic

     TC will affect used oil that is disposed of,  primarily in three categories:

          Used oil used for road oiling
          Used oil that is dumped
          Used oil that is disposed in solid waste landfills and incinerators

     TC will not affect used oil that is:

          Managed by do-it-vourselfers (exempt as household hazardous waste)
          Recycled through energy recovery (40 CFR Part 266 regulates this
          activity)
          Recycled in any other manner (exempt from RCRA regulation)
     Used oil may exhibit TC characteristic.

     Used Oil exhibiting characteristic that is disposed of is subject to full RCRA
     Subtitle C  regulation.

     Characteristic as well  as non-hazardous used oil that is recycled by being
     burned for energy recovery is subject to Subpart E of 40 CFR Part 266, or
     Subpart D is mixed with hazardous waste.

          Used oil generated by do-it-yourselfers is exempt from RCRA under 40
          CFR  261.4(b)(1) or is subject to reduced requirements under the small
          quantity generator provisions of 261.5.

          Used oil that exhibits one or more of the characteristics of  hazardous
          waste but is recycled in some other manner than being burned for energy
          recovery is  exempt under 261.6(a)(3)(iii).

     Significant quantities of used oil may exhibit EP toxicity for metals, but little
     used oil is currently recognized as EP toxic.

     Shifts in used oil management practices may result from regulation of used oil
     under the  TC.  Management practices may shift away from road oiling,
     dumping, and disposal in  solid waste facilities to burning as fuel, recycling, and
     disposal in Subtitle C facilities.

     Standards for controlling used oil that is recycled were proposed on November
     29, 1985 (50 FR  49212), but are not final.

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Part Four:  Relationship to Other Programs
TOXIC SUBSTANCES CONTROL ACT (TSCA)                       4-13


•   TSCA addresses manufacturing,  processing, distribution of hazardous
    substances or mixtures; PCBs are a major regulated substance

•   If TSCA-regulated products become wastes, they become RCRA regulated

•   If PCBs are fully regulated under TSCA, TC rule exempts certain PCB-wastes
    from RCRA

•   Exempt wastes include PCB-containing dielectric fluids removed from:

         Electrical transformers
         Capacitors
         Associated PCB-contaminated electrical equipment

•   RCRA retains regulation of PCB wastes classified as D004-D017 wastes
     Toxic Substances Control Act (TSCA) regulates toxic substances and
     specifically addresses PCB management and disposal.

     Dielectric fluids from electrical transformers, capacitors and associated PCB-
     contaminated electrical equipment could exhibit the TC because they may
     contain TC constituents such as chlorinated benzene.

         These wastes are exempted from Subtitle C management standards if
         they exhibit waste codes D018-D043.

         The exemption applies only to certain wastes noted above fully regulated
         under TSCA, not all PCB wastes.

     PCB wastes exhibiting D004-D017 characteristics (i.e., those hazardous under
     EP toxicity) remain regulated under RCRA if they are a D004-D017 waste under
     TC.

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Part Four:  Relationship to Other Programs
LEAD ABATEMENT                                                   4-14
     TC rule retains existing regulatory level for lead (0.5 mg/l) pending further
     Agency validation and study.of the fate and transport of metals

     TCLP test may be more aggressive than the EP test in certain concentration
     ranges of lead and under certain conditions

         More lead wastes might be hazardous by TC
         This determination will depend on total lead concentration

     TCLP and EP yield similar results at concentration ATSDR recommends for lead
     abatement level (500-1,000 ppm total lead)
•    ATSDR has recommended a lead abatement level of between 500 and 1,000
     ppm for lead.

•    Superfund  recently issued directive recommending cleanup of sites to meet
     total lead levels set forth in ATSDR standards.

•    Results show TCLP is a more aggressive test (i.e., results  in greater lead
     concentrations in leachate) than the EP in the 2,500 to 10,000 ppm (total lead
     in soil) range, but appears to give similar results in other concentration ranges.

•    ATSDR proposes using an action level of 1,000 ppm for lead abatement
     programs.  At this level, TCLP and EP appear to yield similar results.

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