vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9481.16(84)
: :.' RCRA Regulatory Status 'of Contaminated Groundwatei
yi2-26-84
12-26-84
APPROVAL DATE:
EFFECTIVE DATE:
ORIGINATING OFFICE
0 FINAL
D DRAFT
STATUS f
Office~'ofjrSolid Waste
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PARTS 264 AND 265 SUBPART F - GROUND-WATER PROTECTION
DOC: 9481.16(84)
Key Words: Contaminated Ground Wacer
Regulations: 40CFR261.3, 261.ll(a), 262.11
Subject: RCRA Regulatory Status of Contaminated Groundwater
Addressee: James Sc'arbrough, Chief, Residuals Management Branch, Region IV
Originator: John Skinner, Director, Office of Solid Waste
Source Doc: #9481.16(84)
Date: 12-26-84
Summary:
The presence of Appendix VIII constituents in ground water does not designate
ground water as a hazardous waste. EPA may list a waste as hazardous that
contains Appendix VIII constituents after considering the criteria listed in
40 CFR §26l.ll(a).
To determine if the ground water contaminated by a hazardous waste is con-
sidered a hazardous waste, one should use the criteria in §261.3 to see if the
water was a solid waste and either derived from a listed waste or hazardous by
characteristics identifeid in Subpart C. Ground water collected and 'derived
from a listed waste or hazardous by characteristic is a hazardous waste and
subject to Subtitle C regulation unless a- listed wasce has been excluded through
the petitioning process. The reauthorization bill allows underground inj'ection
of contmainated ground water that has been treated to substantially reduce the
hazardous constituents.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
2 6 IS84 9481.16 (84)
RCRA Regulatory Status of Contaminated Groundwate
John Skinner, Director £x>'-L£
Office of Solid Waste (WH-562
James Scarbrough, Chief "!
Residuals Management Branch, Region IV
The .nemo dated July 20, 1984, which you retransmitted
December 1, 1984, explores the regulatory status of contami nated <
ground water. Actually, the issue is not whether groundwater
that contains .Appendix VI11 constituents is a hazardous waste,
because generators do not use Appendix VIII GO. identify hazardous
waste. Rather, EPA designates solid wastes that contain Appe.nd-ix
VIII constituents as listed hazardous waste after considering
the criteria listed in 40 CFR S261.11(a). Then a generator
identifies hazardous waste using the criteria listed in 40 CFR
§261.3(a) and the decision matrix of 40 CFR §262.11.
Thus, to answer the question: "Is ground water contaminated
by hazardous waste considered to be hazardous waste?" one uses
the criteria in §261.3 to see. if the water was a solid waste,
and either derived from listed waste or hazardous by characteristics
identified in Subpart C. N'ote that §261.3(c)(2) says that any
solid waste generated from the treatment, storage or disposal of
a hazardous waste is a hazardous waste, and §261.3(d) says a
waste is no longer hazardous when it no. longer exhibits 'the
characteristics of hazardous waste identified in Subpart C or
until a listed waste (or waste derived from li-sted waste) has-
seen excluded under the petitioning process.
Therefore a contaminated groundwater that is "collected"
and derived from listed waste or hazardous by characteristic
is a-hazardous waste and subject to Subtitle C regulation.
However, the reauthorization bill allows underground injection
of contaminated ground water that has been treated to substantially
reduce the hazardous constituents.
Of'course, the implications on permitting, interim status
compliance order corrective actions, and treatment of ground
water will need to be studied. • If you have any further questions,
do not hes/itate to contact Irene Horner of my staff at 332-4804.
f
cc Hazardous Waste Branch Chiefs, Regions I-III and V-K i
Gene Lacero, Enforcement . !
m 1320-4 (S...
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RCRA Regulatory Status of Contani nate3 Groundwater ^
o>
N.
<^*
John Skinner, Director , ^
Office of Solid Waste (WH-562) ~ =•
n
James Scarbrough, Chief . j|
Residuals Management Branch, Region TV ^
r<
a
The memo dated July 20, 1984, which you retransmitted =
December 7, 1984, explores the regulatory status of cont^mi n*t*d \
ground water. Actually, the issue is not whether groundwater i
that contains Appendix VIII constituents is a hazardous waste, w
because generators do not use Appendix VTII to identify hazardous NJ
waste. Rather, EPA designates solid wastes that contain Appendix x
Vlii constituents as listed hazardous waste after considering ^
the criteria listed in 40 CFR 52<>l.ll(a). Then a generator =
identifies hazardous waste using the criteria listed in 40 CPR . V
S261.3(a) and 'the decision matrix of 4T CP* <262.11. *
. - ~-i
Thus, to answer the question: "Is ground water contaminated
by hazardous waste considered to be hazardous waste?" on
identified in Subpart C. Note that.S2fi1.3(c)(2) says that any
solid waste generated frcn the treacnent, stor^e or di.^Tosal of •=»
a hazardous waste is a hazardous waste, and S251.3M) s.ays a
waste is no lorvjer hazardous when it no longer exhibit^ the
characteristics of hazardous waste identified in Subpart C or
until a lifted waste (or waste derived from listed wa«5tol has
been excluded under the petitioning process.
Therefore a contami natod groundwater that is "collected"
and derived from listed waste or hazardous by characteristic
is a hazardous waste and subject to Subtitle C regulation.
However, the reauthor i zat ion bill allows underground injection
of contaminated ground w^ter that has been treated to substantialIv
reduce the hazardous constituents.
Of course, the implications on pe r-i i 11 i rrj , inr.errn st^t'i*?
compliance order corrective actions, and treatment of ground
water will need to be studied. If you have any further question*,
do not hestitate to contact Irene Homer of my staff at 3^2
cc Hazardous Waste Branch Chiefs, Regions I-III and v-X
Gene Lucero, Enforcement
bcc Jack Lehman, Matt Straus
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