PART 261 SUBPART A - GENERAL
DOC: 9441.17(84)
Key Words: Pesticides, State Programs
Regulations:
Subject:
Addressee:
Response to Questions from State Pesticide Personnel:
Regulation of Pits
N/A
Originators: John H. Skinner, Director, and Amy E. Schaffer, Program Analyst,
Office of Solid Waste and Emergency Response
Source Doc: See Miscellaneous [9560.07(84) Question #11]
Date: 8-8-84 .,
Summary:
If the pit is a tank, the waste stream is exempt from RCRA if it is subject
to an NDPES permit. If the pit is a surface impoundment and the waste stream
is hazardous, it is fully regulated by RCRA.
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*) Pita used for breaking down residual chemicals are now
considered to be disposal sites and are regulated as such.
Many sites forced applicators to adopt this "new" technology
several years ago. now these sites have caused individuals
to b« regulated the same as major hazardous waste sites.
Is a lesser classification reasonable and obtainable?
It depends on whether the pit is a tan* or a surface
impoundment. 1C a tank/ the waste stream is exempt
froa RCRA when subject to an NPCES permit. If a surface
Impoundment, and the waste stream is hazardous, it is
'regulated by RCRA. Lesser classification would be
cumfcemoma and confusing and would not be in keeping
with the intent of RCRA which is to protect human health
• nd the environment.
(12) What EP toxicity testing is required when chemicals which are
intended for disposal are mixed together?
BP toxicLty testing is the same for all wastes that are
aeant for disposal. See SW-846.
(13) When a waste contains only one active ingredient, ho* does
disposal criteria differ fron no re than one active ingredient
Discarded commercial chemical products are only regulated
at hazardous waste where the chenical listed in $261.33
is the) sole active ingredient.
(14) We aeea to b» Indicating storage of types of pesticide
wastes, i.e., herbicide waste or insecticide waste, together
is acceptable procedure today. Is that correct?
Tes, if there is no reactivity between the wastes and
the wastes are compatible with the container.
(15) Exemptions, ace th«y fair and do the existing standards
really safeguard the environment?
\
This is a rhetorical question. EPA regulations and concerns
are dynamic and always subject to change if warranted.
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