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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