U.S. Environmental Protection Agency
        Office of Solid Waste
         Toxicity Characteristic
           Training Course

                 1990
               PartsV-VI

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 TOXICITY CHARACTERISTIC
     TRAINING COURSE
        Presented by:

Characterization and Assessment Division
       Office of Solid Waste
 U.S. Environmental Protection Agency

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Morning
                                    AGENDA
Part One:       Overview of the Toxicity Characteristic
  9:00 - 10:00 a.m.
Part Two:       Pollution Prevention and the Toxicity
               Characteristic

                                      BREAK

Part Three:     Relationship of Toxicity Characteristic
               to Other RCRA Subtitle C Programs
 10:00 - 10:30 a.m.
 10:45 - 11:30 a.m.
Part Four:      Relationship of Toxicity Characteristic
               to Other Laws
11:30 - 12:00 noon
Afternoon
Part Five:        Universe of Affected Facilities
Part Six:         Implementation of the Toxicity
                Characteristic:  Permitting
   1:00 - 1:30 p.m.


   1:30 - 4:00 p.m.

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                    Appendices To the Training Course





Appendix A     Constituents Regulated Under the Toxicity Characteristic



Appendix B     Summary of Requirements Under the Toxicity Characteristic



Appendix C     Toxicity Characteristic Permitting Strategy



Appendix D     Toxicity Characteristic Federal Register Notice



Appendix E     Key Contacts for More Information on the  TC



Appendix F     Toxicity Characteristic Outreach Material



Appendix G     Toxicity Characteristic Fact Sheet

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         PART FIVE




Universe of Affected Facilities

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Part Five:  Universe of Affected Facilities
PRIMARY IMPACT OF TC RULE	5-7


•   TC will potentially affect the following:

         Generators

              Existing large and  small quantity generators
              New to Subtitle C

         Treatment, Storage, and Disposal Facilities (TSDFs)

              Not previously regulated by Subtitle C
              With existing permits
              Currently  having interim status
     RIA estimates that more than 736 million metric tons of waste per year may
     require new management practices.

     Some facilities will not be subject to RCRA if management of TC wastes only
     occurs in exempt tanks, not surface impoundments.

     Small quantity generators (100-1,000 kg/month) have one year from
     promulgation date to comply (as opposed to six  months for large quantity
     generators), because of the large number affected by the TC Rule.

     Conditionally exempt small quantity generators (<100 kg/month) still not subject
     to  RCRA requirements.

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Part Five:   Universe of Affected Facilities
GENERATORS                                                           5-2
     RIA estimates there will be 13,655-15,125 new Subtitle C large quantity
     generators from 12 major manufacturing industries:

          Textiles                       -    Pipelines  (except natural gas)
          Dyeing and Finishing Textiles   --    Manmade Organic Fibers
          Pulp Mills                     --    Pharmaceuticals (Drugs)
          Plastic Materials and           --    Industrial  Organic Chemicals
          Synthetic Resins               -    Petroleum Refining and Products
          Synthetic Rubber              --    Lubricating Oils and Greases
          Cellulosic Manmade Fibers
     RIA estimates are based on:

          Estimates of which handlers most affected
          Distribution  of these handlers by Region
          Estimates of workload impact for each type of handler depending on
          current status and assumed behavior.

     Specific estimates of new small quantity generators not available.

     Specific estimates of number of handlers for existing RCRA generators are not
     available.

     Generators in industries not covered in RIA could potentially equal or exceed
     these estimates.

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Part Five:  Universe of Affected Facilities
INDUSTRY DISTRIBUTION OF TC UNIVERSE	5-3


•    Industries likely to have most handlers with TC waste (number of new large
     quantity generators):

     Industry                        Low Estimate      High Estimate

     Petroleum and                                      11,906*
      petroleum products
     Textiles (knitting mills)                461              1,130
     Industrial Organic Chemicals          135               524
     Lubricating Oils and Greases          243               433
     Plastic Materials and                 103               325
        Synthetic Resins
       only estimate available
     Greatest concentration of these industries in Regions II, IV, and V  (see next
     slide for Regional distribution of new generators).

     Potential impact of TC on non-major manufacturing industries and non-
     manufacturing industries is not known

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Part Five:  Universe of Affected Facilities
REGIONAL DISTRIBUTION OF TC UNIVERSE
                     National Distribution of New
                        Subtitle C Generators
      # of Generators
       3300


       3.000


       WOO


       2.000


       1,500


       1,000


        500
                                  D High Estimate = 15.125
                                  • Low Estimate = 13,655
          ri    i    i    I   n-
ii    i   i    i    i    i   i   i    ri
    Estimated distribution of new Subtitle C Generators by Region:

           Region           Low Estimate     High Estimate
           IV
           V
           VI
           VII
           VIII
           IX
           X

           Total
                     391
                     973
                     979
                   2,658
                  2,573
                   2,459
                   1,316
                     826
                     944
                     596

                  13,655
  447
 1,349
 1,113
 3,056
 2,707
 2,602
 1,357
  832
 1,052
  611

15,125
                                                         5-4
I
ii m iv v vi vii vm ix
Regions
X
           RIA estimates there are a moderate number of handlers in Regions III,
           VI, and IX.

           Regions I and VII are estimated to experience only a small impact from
           the TC Rule, based on RIA estimates.
           Regions VIII and X may hardly be affected by the TC rule, based on
           RIA.

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Part Five:  Universe of Affected Facilities
TSDFs	5-5


•    RIA estimates the following numbers of TSDFs will be affected by the TC:

          185 facilities                      seeking new permits

          110 non-commercial facilities       seeking changes during interim
          161  commercial facilities           status

          110 non-commercial facilities       seeking permit modifications
          195 commercial facilities
     RIA assumes that many facilities will change management practices, particularly
     from treatment of wastewaters in surface impoundments to treatment in tanks

     RIA recognizes that a large number of facilities that cannot make this change
     by the effective date of the rule may become subject to interim status
     requirements. Therefore, these estimates may  be smaller than impacts Regions
     actually must manage.

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Part Five:  Universe of Affected Facilities
NEW PERMIT APPLICANTS
5-6
                National Distribution of On-Site Subtitle D
                     Facilities Submitting New Permit
                               Applications
       t> of Facilities
     RIA estimates 185 on-site Subtitle D facilities will submit new permit applications
     as Subtitle C land disposal facilities.

     No estimates available for  new permit applications from:

          Non-commercial treatment, and storage facilities (TSFs)
          Non-commercial incinerators
          All non-hazardous commercial facilities, regardless of unit type

     Regions IV, V, VI, and IX are expected to see the greatest increase in the
     permitting workload.

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Part Five:  Universe of Affected Facilities
NEW PERMIT APPLICANTS  BY  INDUSTRY
                                  5-7
           On-Site Subtitle D Facilities Seeking New Permit
                Applications: Distribution by Industry
                       4(2%)
                      Synthetic
                       Rubber
              11(6%)
             Ccllulosic
           Manmade Fibers
          23(13%)
          Pulp Mills
    2(1%)
   Industrial
Organic Chemicals
                145 (78%)

                Petroleum
                Refining
     Five most prominent industries submitting new land disposal permit
     applications:

          Petroleum Refining
          Pulp Mills
          Synthetic Rubber
          Cellulosic Manmade Fibers
          Industrial Organic Chemicals
     Other industries that were not covered in RIA also may submit permits

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Part Five:  Universe of Affected Facilities
FACILITIES SEEKING CHANGES DURING INTERIM STATUS
                                                     5-8
             National Distribution of Subtitle C Facilities
               Seeking Changes During Interim Status
      # of Facilities
     These are current TSDFs awaiting permit or closing before permit issued

     Estimated distribution of Subtitle C facilties  seeking changes during interim
     status
      Region
Low Estimate   High Estimate
        IV
        V
        VI
        VII
        VIII
        IX
        X

        TOTALS
    0
    0
    2
    2
    3
    9
    0
    2
    3
    1

   22
  2
  9
  8
 18
 19
 26
  7
  6
 11
  4

110
Commercial Facilities

      14
      11
       7
      22
      34
      29
      20
       9
      12
       3

     161
     Estimate is based on assumptions that:

         All disposal and incineration facilities are permitted
         50 percent of non-commercial treatment and storage facilities have permits
         and  50 percent are subject to interim status.

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Part Five:  Universe of Affected Facilities
FACILITIES SEEKING PERMIT MODIFICATIONS
                                                    5-9
              National Distribution of Subtitle C Facilities
                     Seeking Permit Modifications
      # of Facilities
                             69
                          | Non-Commercial Facilities =110
                          High Estimate
                          Commercial Facilities = 19]
                                       35
          |-  ,    ,  ,   ,
         I    I
         I    I
         I    I
                       in
                             IV
                                  v    vi

                                   Regions
                                             VII
                                                  vin
                                                        IX
     These are current TSDFs with RCRA permits.

     Distribution of Subtitle C generators seeking permit modifications:

      Region       Low Estimate   High Estimate     Commercial Facilities
         IV
         V
         VI
         VII
         VIII
         IX
         X

         TOTALS
 0
 1
 2
 2
 2
 9
 1
 2
 3
 1

23
  3
  9
  9
 ^8
 ^8
 25
  8
  6
 10
  4

110
 12
 16
  9
 51
 33
 30
 10
  6
 24
  4

195
     Predominant industries in the high-estimate universe:
     -- Petroleum and Petroleum Products  -- Manmade Organic Fibers (except
     -- Plastic Materials and Synthetic
       Resins (including  Rubber)
     -- Cellulosic Manmade Fibers and
       Textiles (knitting mills)
                     (cellulosic)
                  -- Pharmaceuticals (Drugs)
                  -- Pipelines (except natural gas)
                  -- Pulp Mills

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Part Five:  Universe of Affected Facilities
CLOSURES                                                            5-10
     Facilities closing as a result of the TC may include:

         Those currently with interim status (i.e., before the TC)
         Those who become subject to interim status as a result of the TC
     EPA estimates approximately 50 percent of initial permit applicants will close
     before receiving final RCRA permit.

     The number of facilities that  will require a post-closure permit as a result of the
     TC is unknown.

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VI

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          PART SIX

Implementation of the Toxicity
  Characteristic:  Permitting

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Part Six:  Implementation
OVERVIEW	6-7

•     EPA and authorized States have implementation responsibilities for:

            Generators
            Facilities with interim status
            Facilities with permits
            Newly regulated facilities (new permit applicants)
For the following groups, EPA must:

•     Generators:  issue identification numbers to all handlers submitting Notification
      Forms.

•     Existing Interim Status Facilities:  approve changes during interim status, issue
      permits to existing facilities, and process changes in closure plans  (to reflect
      new wastes or new units).

•     Facilities with Permits: modify facility permits (even those issued by
      authorized States).

•     New Permit Applicants (including Generators who manage TC wastes on-site):
      issue identification numbers to all handlers submitting Notification Forms,
      process Part A applications and Part B applications if facilities manage wastes
      after TC effective date.

•     Workload will vary by Region, depending on number of facilities in  Region and
      their current regulatory status.

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Part Six:  Implementation
EPA REGIONAL RESPONSIBILITIES	6-2


•     EPA will implement TC until States receive authorization

•     Regional/State responsibilities include:

            Receiving notifications and issuing ID numbers
            Receiving and processing Part A permit applications
            Reviewing Part B permit applications and permit modifications and
            issuing permits
            Enforcing compliance with regulations
            Reviewing and approving closure plans
      The TC is HSWA mandated and will take effect in both authorized and non-
      authorized States on the effective date.

      Regional  Offices will be responsible for carrying out EPA's TC responsibilities.
      These responsibilities include receiving notifications and issuing  ID numbers
      (newly regulated generators and facilities), reviewing permit applications and
      issuing permits (newly regulated TSDFs), enforcing compliance with
      regulations (all handlers managing TC wastes), and reviewing and approving
      closure plans (all handlers of TC waste).

      States will continue to be primarily responsible for conducting generator  and
      facility inspections.

      EPA is responsible for reviewing and approving closure plans and issuing
      permits until States become authorized for the TC.

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Part Six:  Implementation
GENERATORS                                                           6-3
•     Handlers of solid waste must determine if their waste exhibits the TC
      characteristic unless waste is:

            Listed waste
            Excluded from Subtitle C

•     Hazardous waste determination is made at the point of generation
      Although the generator has primary responsibility for identifying waste as
      hazardous, this does not relieve any other handlers from the responsibility for
      hazardous waste determination.

      The hierarchy to determine if wastes are hazardous continues to be the
      following for generators:

            Is the waste a listed hazardous waste? If not,
            Does the waste exhibit a characteristic?

      NOTE:  This hierarchy will be changed by the Third Third Final  LDR rule,
      which will require a generator to determine all applicable waste  codes (listed
      and characteristic)  as of August 8, 1990.

      Wastes  that are excluded from Subtitle C remain exempt under the TC rule.
      For example,

            Household hazardous wastes
            Solid waste from extraction,  beneficiation, and processing of ores and
            minerals

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Part Six:  Implementation
GENERATORS                                                           6-4


•     TC does not require testing to identify waste as hazardous

.     Determination of hazardous waste may be made using either

            Knowledge of the process and materials involved in waste generation
            Testing using TCLP

.     All newly regulated  generators (small and large quantity)  must submit
      Notification Form by June 27, 1990
      EPA has not promulgated testing requirements for identifying hazardous waste
      as part of the TC rule.

            In determining whether a waste exhibits the TC characteristic physical
            and chemical testing of the waste using the TCLP is appropriate, but
            not required.
            Knowledge of waste can still be used to make this determination.

      40 CFR 262.11 requirements:

            If generators determine that a waste is hazardous, documentation of
            how that determination was made must be kept for three years.
            If a generator determines that the waste is not hazardous, no records
            are required  to show how this determination was made.

      RCRA Section 3010 requires submission of Notification of Hazardous Waste
      Activity Form by all new generators of hazardous waste.

      Notifications must be submitted to Region within three  months after rule is
      published (not after it becomes effective).  This includes small and large
      quantity generators.

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Part Six:  Implementation
EXISTING GENERATORS                                              6-5
      Existing hazardous waste generators handling TC waste do not need to re-
      notify EPA of their hazardous waste activity if they have:

            Notified the Agency that they manage other hazardous waste
            Received an EPA identification number
      Given the vast scope of the TC rule, a notification requirement for persons
      already identified within the hazardous waste management universe would
      present an administrative burden  without providing any significant benefits for
      human health and the environment.

      EPA has, therefore, exempted existing generators from further notification
      requirements.

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Part Six:  Implementation
GENERATOR REQUIREMENTS                                        6-6
      Generators may store wastes on-site for less than 90 days

            Without obtaining interim status  or a permit
            Must meet storage requirements

      Large quantity TC generators must comply with all applicable Subtitle C
      regulations by September 25, 1990

      Small quantity TC generators have until March 29, 1991 to comply with
      applicable Subtitle C regulations
      Large quantity generators may accumulate hazardous waste on-site for 90
      days or less without a permit or without having interim status, provided that:

            The date that storage began is clearly marked and visible for inspection
            on each container;
            Each container is clearly labeled with the words "hazardous waste"; and
            Generator complies with requirements for owner/operator in Subpart C
            and D in 40 CFR Part 265 and with  §265.16.

      Effective date of the rule for large quantity  generators is six months after
      publication. (September 25, 1990)

      Small quantity generators  may:

            Store no more than 6,000 kg of hazardous waste on site for up to 180
            days (270 days if waste must be shipped to a TSD  more than 200
            miles away).
            Comply with  the container or tank storage requirements.

      SQGs have an extra six months to come into compliance with Subtitle C, or
      one year after publication  of the rule.

            SQGs must be in compliance by March 29, 1991

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Part Six:  Implementation
REGIONAL IMPLEMENTATION STRATEGY - GENERATORS          6-7


•     New generators should be made aware of responsibilities under RCRA

•     Identify and target new generators

            Focus on major industries that are  most likely to generate TC waste
            Focus on large quantity generators

•     A generator's compliance history may influence a decision whether to conduct
      an inspection or other outreach efforts
•     High Priority for Outreach and Inspections

      Large quantity generators, non-notifiers.  Target those industries that are
      probable generators of TC waste.

•     Medium Priority Outreach and Inspections

      Large quantity generators, notifiers

•     Low Priority Outreach  and Inspections

      Small  quantity generators (notifiers and non-notifiers) will be addressed
      through outreach and  education activities.

•     OWPE enforcement strategy and Regional Counsel also are important sources
      to consult to determine outreach and inspection priorities.

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Part Six:  Implementation
REGIONAL IMPLEMENTATION STRATEGY (cont.)                    6-8


•     Concentrate outreach and implementation on industries that:

           Generate a substantial quantity of TC waste (i.e., large quantity
           generators)
           Include a large number of facilities that are expected to manage TC
           waste
      Probable Industries Generating TC Waste analyzed in RIA (coming from 122-
      digit SIC codes):  Large Quantity Generators

            Oil and Gas
            Heavy Construction
            Food and Kindred Products
            Textile Mill Products
            Lumber and Wood Products
            Paper and Allied Products
            Chemical and Allied  Products
            Petroleum Refining
            Primary Metal Industries
            Industrial and Commercial Machines
            Electronic and Electronic Equipment
            Transportation Equipment
            Instruments and Related Products
            Pipelines, except Natural Gas
            Wholesale Trade: Nondurable goods

      Other  industries may also generate TC wastes.

      The TC RIA, limited to a study of twelve  major SIC codes, estimated over 736
      million tons per year of waste may be affected.

      Amount of waste subject to RCRA because  of TC will depend also on
      management practices (e.g., treatment in exempt tanks).

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Part Six:  Implementation
REVIEW QUESTIONS - GENERATORS                                 6-9

•     The following slides will review the implementation issues for generators by
      presenting:

            Situations likely to exist for generators of TC wastes

            Specific questions about EPA Region and State responsibilities

            Summary of responsibilities and answers to each question
      The following brief situations concerning generators review some of the
      requirements and Regional responsibilities discussed in the previous slides.
      The situations will be followed by a few questions and some discussion
      points.

      This scenario only addresses generators; facilities that generate and treat,
      store, or dispose of wastes will  be addressed later in this session.

      Appendix B  of  this training course summarizes the requirements that
      generators and TSDFs must meet to comply with the TC rule.

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Part Six:  Implementation
SITUATIONS - NOTIFICATION BY GENERATORS                    6-10


Situation #1

•     Clean Amer and U.R. Waste are both large quantity generators that:

           Generate industrial organic chemicals
           Were not Subtitle  C generators before TC
           Send wastes to off-site treatment facility

«     Three months after promulgation of TC, neither generator has notified EPA
      that it generates TC waste

•     Before effective 'date of TC, Clean Amer determines it generates waste that
      exhibits the TC characteristic.  Clean Amer notifies EPA at this time that  it is a
      hazardous waste generator.

•     U.R. Waste realizes one  year after TC is effective that it generates TC waste.

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Part Six:  Implementation
QUESTIONS - NOTIFICATION BY GENERATORS
6-11
       What are EPA's responsibilities concerning the two generators??

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Part Six: Implementation
DISCUSSION - NOTIFICATION BY GENERATORS                6-12

•    EPA's responsibility toward Clean Amer:
     EPA's responsibility toward U.R. Waste:

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Part Six:  Implementation
EXISTING INTERIM STATUS FACILITIES	6-t3


•     Changes to interim status must be submitted by facilities that:

            Had interim status when the TC rule was published; and
            Manage waste that exhibits the TC characteristic for one or more new
            waste codes (i.e., constituents)

•     Changes not required if handler only manages waste codes  (i.e., constituents)
      under TC that are already regulated under EP
      Subtitle C interim status facilities must submit a change to interim status if
      they manage a new waste identified under the TC rule.

            For example, if Facility A only manages lead,  a change to interim status
            is not required (lead is an EP waste code).
            If facility manages lead and  o-cresol (a new TC waste code), a change
            is required.

      Changes to interim status not required from  facilities that handle TC wastes
      previously identified as  hazardous  wastes under the EP.

            For example, if Facility R is  operating  under Subtitle C interim status
            and  is handling arsenic (previously regulated  under the EP), the facility
            does not have to make changes to interim status.
            These facilities may continue complying with the applicable interim
            status standards (i.e., 40 CFR 265 or  the authorized State regulations).

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Part Six:  Implementation
EXISTING INTERIM STATUS FACILITIES                             6-14


•     Change to interim status requires revised Part A, which must

           Identify new TC waste constituents, and
           Identify the unit, if the TC waste is managed in a previously unregulated
           unit
      Revised Part A permit applications must be submitted pursuant to 40 CFR
      270.72 to identify:

           New TC waste constituents; and
           Any newly regulated units.

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Part Six:  Implementation
EPA/STATE RESPONSIBILITIES                                       6-15
      EPA handles changes to interim status until States become authorized for the
      TC                       •   .

      Revised Part A's submitted to EPA Regional Office, with copy to authorized
      States

      EPA Regional Office must process revised Part A's.
      Because the toxicity characteristic is a HSWA provision, EPA is responsible for
      its implementation until the States become authorized for the TC.

      The TC is part of HSWA Cluster #2, for which States must make changes in
      their regulations by July 1, 1991, and submit applications to EPA for
      authorization by September 1, 1991.

      Although EPA will administer the TC, States need to  be kept informed of
      changes in interim status at facilities.  Therefore, Appendix B of this training
      manual specifies circumstances when States should  receive copies of revised
      Part A applications.

      EPA and the States should work closely to implement the TC until the States
      have authorization.

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Part Six:  Implementation
EXISTING INTERIM STATUS FACILITIES
                                      6-16


;.: I -.'.' i 1
September
	 1 25 1-
1990 t-

....
                                   • Revised Part A permit applications must be
                                    submitted by effective date
                     40CFR
                       Part
                       265
New unit is subject to interim status regulations
in 40 CFR Part 265
      Once EPA approves appropriate changes to interim status for facility, TC
      imposes no other new requirements on facility or EPA.

            Still manage in accordance with Part 265  standards
            Part B  permit application must incorporate changes reflected in Part A

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Part Six:  Implementation
EXISTING INTERIM STATUS FACILITIES:
SURFACE IMPOUNDMENTS                                         6-17
•     Existing interim status facilities may manage TC wastes in surface
      impoundments

•     If impoundment contains only TC wastes, may convert impoundments that
      treat TC wastewaters to tanks to avoid Subtitle C regulation for that unit

•     Conversion must be completed prior to effective date of TC rule or the  facility
      must obtain interim status for that unit
      Implementation of the TC rule may cause some facilities to alter their
      management practices to avoid regulation of certain units under Subtitle C of
      RCRA.

      Based on economic considerations, it is expected that many facilities will
      convert on-site surface impoundments that treat TC wastewaters to tanks  to
      avoid Subtitle C regulation (40 CFR 265.1 (c)(9) & (10) or 40 CFR 264.1 (g)(5)
      & (6).

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Part Six:  Implementation
EXISTING INTERIM STATUS FACILITIES:
SURFACE IMPOUNDMENTS                                         6-18
      All regulated surface impoundments must comply with the retrofitting
      requirement four years after publication of the TC rule (March 1994)

      Surface impoundments that contain currently listed or characteristic wastes
      (e.g., EP toxic) are already subject to RCRA regulations (including minimum
      technology requirements)
      The owner/operator of a newly regulated surface impoundment is required to
      retrofit that impoundment no later than four years from the promulgation of
      the additional listing or characteristic that made it subject to regulation.

      The four year retrofitting requirement applies only to those impoundments that
      contain solely the new TC wastes. Surface impoundments that already
      contained regulated wastes were subject to this requirement at an earlier date.

      Retrofitting entails adding liners not installed at the time the impoundment was
      constructed.

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Part Six:  Implementation
SITUATIONS - INTERIM STATUS FACILITIES                        6-19


Situation #2
                                         4
•     Jolly Treatment Plant currently has interim status for its storage and treatment
      facility

•     One of the regulated units manages constituents identified as hazardous
      under the EP

•     This same regulated unit also handles a constituent newly regulated under the
      TC rule

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Part Six:  Implementation
QUESTIONS - INTERIM STATUS FACILITIES                       6-20


•    What is Jolly Treatment required to do to comply with the TC rule?

•    How would this scenario differ if the new TC constituent was treated in a
     previously unregulated unit?

•    Will EPA or State permit writers handle these changes for Jolly Treatment?

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Part Six:  Implementation
DISCUSSION - INTERIM STATUS FACILITIES                      6-21
•    What is Jolly Treatment required to do to comply with the TC rule?
      How would this scenario differ if the new TC constituent was treated in a
      previously unregulated unit?
      Will EPA or State permit writers handle these changes for Jolly Treatment?

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Part Six:  Implementation
HANDLERS NEWLY REGULATED UNDER SUBTITLE C              6-22
      EPA believes many TSD units will be closed before September 25, 1990

      Facilities newly regulated under Subtitle C because of TC must:

            Notify EPA within 90 days of publication (by June 27, 1990)
            Submit  a Part A permit application to EPA by September 25, 1990

      These handlers also are:

            Subject to interim status requirements (40 CFR Part 265)
            On the  permit track for a final  RCRA permit - land disposal facilities
            must submit Part B within 12 months of effective date (by  September
            25, 1991)
            Subject to minimum technology requirements or surface impoundment
            retrofitting requirements
      If a TSD unit closes before September 25, 1990, then the TSD unit is not
      subject to Subtitle C regulation.

      Handlers of TC waste must submit to EPA a Notification of Hazardous Waste
      Activity form under RCRA Section 3010 within 90 days of publication of the
      rule.

      If handler is a treatment, storage, or disposal facility that has not been
      previously regulated, handler  must also submit a Part A permit application by
      the effective date of the rule (six months after publication).

      Once a facility has obtained interim status by complying with these
      requirements, it is subject to the requirements of 40 CFR Part 265.

      New permit applicants entering permit track because of TC rule will affect the
      workload at all levels of the permitting process.  More resources will need to
      be targeted for final permit determination, permit appeals, and corrective
      action.

      Facilities newly regulated as a result of the TC will have to meet the minimum
      technology requirements in RCRA Sections 3004(o) and 3015,  if and when
      they add a new unit, replace  an existing unit, or laterally expand an existing
      unit.

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Part Six:  Implementation
HANDLERS NEWLY REGULATED  UNDER SUBTITLE C	6-23


•     Facilities handling TC wastes after September 25, 1990, will be subject to the
      interim status requirements.

•     These facilities must submit a permit application by September 1991 or close
      under interim status

•     Most new permit applications resulting from the TC rule are expected to be
      for land disposal facilities
      EPA estimates that 50 percent of the new permit applicants will close during
      interim status before a permit decision is made.

      Based on economic  and other considerations, it is expected that many
      facilities will convert on-site surface impoundments that treat TC wastewaters
      to tanks to avoid Subtitle C regulation  (40 CFR 265.1 (c)(9) & (10) or 40 CFR
      264.1  (g)(5) & (6).

      Land disposal facilities will be the most common new permit applicants
      because other types of facilities, such as surface impoundments used to treat
      TC wastewaters, will  generally convert their waste management operations to
      tanks  in order to avoid Subtitle C regulation.

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Part Six:  Enforcement
IMPLEMENTATION STRATEGY - NEWLY REGULATED  HANDLERS 6-24


•     Make new facilities aware of responsibilities under RCRA

•     Identify and target facilities likely to escape  regulation

            Non-notifying commercial Subtitle D facilities
            Industrial generators with on-site waste management
      High Priority for Outreach and Inspections

            Commercial Subtitle D and other Subtitle D non-notifiers.  These
            facilities may be identified during generator inspections.  Inspections of
            generators known to have on-site waste management activities should
            take precedence within the large quantity generator category.

      Moderate Priority for Outreach and Inspections

            Commercial Subtitle D notifiers
            Other Subtitle D notifiers

      Should also consult with Regional Counsel and OWPE enforcement strategy
      for guidance on determining inspection priorities.

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Part Six:  Implementation
REVIEW QUESTIONS - NEWLY REGULATED HANDLERS	6-25


•     The following slides will review the implementation issues for newly regulated
      handlers by presenting:

            Situations likely to exist for newly regulated handlers of TC wastes

            Specific questions about EPA's responsibilities

            Summary of responsibilities and answers to each question
      The following brief situations concerning newly regulated handlers review
      some of the requirements and Regional responsibilities discussed in the
      previous slides.  The situations will be followed by a few questions and some
      discussion points.

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Part Six:  Implementation
SITUATION #3 - NEWLY REGULATED HANDLERS	6-26


Situation #3

•     Clean Amer and U.R. Waste are both  large quantity generators that:

            Generate industrial organic chemicals
            Manage wastes in on-site surface impoundments
            Were not subject to Subtitle C before TC

•     Three months after publication of rule, neither generator notified EPA of their
      hazardous waste activity

•     Before effective date of TC, Clean Amer determines it handles waste that
      exhibits the TC characteristic.  Clean Amer notifies EPA and converts facility's
      surface impoundment to an exempt tank.

•     U.R. Waste realizes one year after TC  is promulgated it manages TC waste.
      U.R. Waste now plans to convert the facility's surface impoundment to an
      exempt tank.
      This situation expands the situation presented for new generators of TC
      wastes

            Scenario changed so that facilities now manage wastes in on-site
            surface impoundments

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Part Six: Implementation
QUESTIONS - NEWLY REGULATED HANDLERS
6-27
     What are EPA's responsibilities concerning the two TC waste handlers?

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Part Six: Implementation
DISCUSSION - NEWLY REGULATED HANDLERS                 6-28
    EPA's Responsibilities Toward Clean Amer:
     EPA's Responsibilities toward U.R. Waste:

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Part Six:  Implementation
QUESTIONS - NEWLY REGULATED HANDLERS
6-29
                                                    Wonder what our
                                                   workload will be like
                                                   now that the TC rule
                                                     was passed?
         Region XI receives 100 new Part A permit applications as a result of
         the TC rule, and fears it will be overwhelmed by the associated
         workload in the first three years after publication of the TC rule.
      What are the permitting activities associated with these applications and
      resource decisions Region XI should make in Year 1, Years 2 and 3, and after
      Year 3

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Part Six:  Implementation
DISCUSSION - NEWLY REGULATED HANDLERS                  6-30
      Permitting activities in Year 1:
      Permitting activities in Years 2 and 3:
      Permitting activities after Year 3:

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Part Six:  Implementation
EXISTING PERMITS                                                    6-31
      All disposal and incineration facilities, and approximately half the treatment
      and storage facilities are currently permitted

      Any permitted facilities affected by the TC rule will require permit modifications
      Permit modifications will be managed under new permit modification
      regulations (53 FR 37912, September 28, 1988).

      These modification rules are EPA regulations; States are not yet authorized for
      them.  Therefore,  EPA and the States should  work closely to ensure the
      permit modifications are made.

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Part Six:  Implementation
EXISTING PERMITS                                                    6-32
      Existing hazardous waste handlers do not need to renotify EPA of their
      hazardous waste activities .

      Permitted Subtitle C facilities handling TC waste must submit permit
      modifications to incorporate:

            New TC wastes,  and
            Unit managing the TC waste, if previously unregulated
      If the waste at a permitted Subtitle C facility exhibits the TC for constituents
      that were previously identified as EP toxic, the facility continues to comply with
      the requirements of 40 CFR Part 264 without submitting a permit modification.

      All facilities needing permit modifications to handle TC waste must submit
      Class 1  modifications

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Part Six:  Implementation
EXISTING PERMITS - MODIFICATIONS	6-33


•     Three classes of permit modifications

            Class 1  modifications for routine changes;
            Class 2 modifications for changes of moderate complexity that allow the
            facility to respond to changing conditions; and
            Class 3 modifications for substantial facility alterations.

•     Facilities that submit Class 1  modifications will also be required to submit
      either Class 2 or Class 3 modifications
      The Class 1 modification adds the waste to the list of wastes the facility can
      manage. The Class 1 modification allows the facility to continue receiving the
      newly regulated waste.

      A permittee will submit a Class 2 modification if the newly regulated waste is
      disposed in existing TSD units and does not require additional or different
      management practices from those authorized in the permit.

      If the  newly regulated  waste requires additional or different management
      practices, a Class 3 modification is required.

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Part Six: Implementation
EXISTING PERMITS - SUBMITTING CLASS 1 MODIFICATIONS     6-34


•     Modification regulations amended at 53 FR 37912, September 28, 1988

•     Class 1  modifications do not require prior approval if submitted by effective
      date of TC rule

•     Facilities obtain necessary  Class 1 modifications by effective date or are
      prohibited from accepting additional TC wastes
     Federal permit modification regulations used because TC is a HSWA provision
     (and no States are authorized to administer).

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Part Six:  Implementation
EXISTING PERMITS - SUBMITTING CLASS 2
AND 3 MODIFICATIONS                                             6-35


•     Class 2 and Class 3 modifications due within six months of effective date of
      TC rule

•     Class 2 modifications require EPA action within specified time frames or
      changes become automatically authorized

•     No automatic authorization provisions exist for Class 3 modifications
      EPA must take action on Class 2 modifications within 120 days (inclusive of
      an optional 30 day extension) or the changes will be automatically authorized
      for 180 days.  If no decision is reached within the 180 day authorization
      period, change becomes permanently authorized.

      Class 3 modifications have no automatic option.  The Director must grant or
      deny Class 3  permit modifications at the end of the  60-day comment period.
      During the public comment hearing a public meeting must be held.

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Part Six:  Implementation
EXISTING PERMITS
                                                6-36
      Previously regulated TC waste management units are required to comply with
      the Subtitle  C permitted facNity requirements

      Previously unregulated TC waste management units must comply with the
      Subtitle C interim status requirements until the permit modification is approved
  Facility
Permit Status

Permitted
TC Waste In

Existing TSD units
already listed in
permit (previously
regulated)
Owner/operator Must

Submit Permit
Modification

1 -   new waste code

2 -    if waste will not
      require additional
      or different
      management
      practices

Comply with 40 CFR Part
264
Permitted
New TSD units
(previously
unregulated)
Submit Permit
Modification

1 -    new waste code
      and new unit

3 -    description of
      additional
      management
      practices

Comply with 40 CFR Part
265 for new  unit; 40 CFR
Part 264 or State for
other permitted units

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Part Six:  Implementation
SITUATIONS - EXISTING PERMITS	6-37


Situation #5

•     Northeastern Chem Co. is a permitted Subtitle C facility handling arsenic,
      benzene,  and p-cresol.

           Arsenic was previously regulated under EP
           Benzene (a newly regulated TC constituent)  is managed in a previously
           regulated unit
           P-cresol  (a newly regulated TC constituent) is managed in a unit not
           previously included in the permit.

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Part Six:  Implementation
QUESTIONS - EXISTING PERMITS
6-38
                  For each constituent, what permit modifications
                 must be submitted by Northeastern Chemical Co.?
                                                   Previously
                                                 Regulated Units
                                                    Previously
                                                 Unregulated Unit
      For each constituent, what permit modifications must be submitted by
      Northeastern Chemical Co.?

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Part Six:  Implementation
DISCUSSION • EXISTING PERMITS                                6-39
 What permit modifications are required for each constituent?

 •     Arsenic
      Benzene
      p-cresol

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