v>EPA
               United States
               Environmental Protection
               Agency
            Office of
            Solid Waste and
            Emergency Response
DIRECTIVE NUMBER:
              9503.01(85)
               TITLE:
                    Definition of Mixed Waste (DOE Facilities)
               APPROVAL DATE:

               EFFECTIVE DATE:

               ORIGINATING OFFICE:

               0 FINAL
             5-10-85


             5-10-85


                Office of Solid Waste
               D DRAFT

                 STATUS:
            [ ]  A- Pending OMB approval
            [ ]  B- Pending AA-OSWER approval
            [ ' ]  C- For review &/or comment
            [ ]  D- In development or circulating

REFERENCE (other documents):      headquarters
  OSWER       OSWER      OSWER
fE    DIRECTIVE   DIRECTIVE

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 SPECIAL  PERMITTING  UNIVERSE                                   DOC:  9503.01(85)


 Key Words:  "    Radioactive Wastes, Federal Facilities, Mixed Wastes, HSWA

 Regulations:

 Subject:        Definition of Mixed Waste (DOE Facilities)

 Addressee:      James H. Scarbrough, Chief, Waste Management Division, Region IV

 Originator:     John H. Skinner, Director, Office of Solid Waste

 Source Doc:     #9503.01(85)

 Date:           5-10-85

 Summary:

        The question of which radioactive wastes are subject to RCRA control
 turns on the definition of "byproduct material" as defined under  the Atomic
 Energy Act.  Until DOE promulgates the definition of "byproducts," Regions
 should use the definition developed by EPA and DOE staff as interim guidance. "
 DOE has determined, under that definition, which wastes from each generating.
 plant are byproducts and which are "mixed wastes" (exhibiting a characteristic
 or containing a listed waste) subject to RCRA control.  EPA has reviewed  these
 lists and determined that they provide a reasonable split between wastes  that
 are hazardous primarily due to radioactivity and those that present primarily  a
chemical hazard.  DOE facilities should proceed to develop the Part B applica-
 tions based on these tests.

        It should be noted that under the RCRA Amendments, all owners and
operators of land disposal facilities, including DOE, must meet the November  8,
 1985,  statutory deadline for submitting a Part B application and  certifying
compliance with Subparts F&H requirements.  The requirements of the statute are
not limited to non-radioactive hazardous wastes, but cover all hazardous  wastes
under  RCRA control.

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                                    MAY I 0 1985
      MEMORANDUM
      SUBJECT!  Definition of Mixed Wast* (DOB facilities)
               i
      PROM i   \4john Skinner, Director
                Office of Solid Haste
      TOi       James H. Scarbrough, Chief
                Waste Management Division
                Region IV
           This is in response to your memo of April 1, 1985, concerning
      DOE facilities.

           The question of which radioactive wastes are subject to RCRA
      control turns on the definition of 'byproduct material* as defined
      under the Atomic Energy Act.  Such 'byproduct material" is not sub-
      ject to RCRA control.  Radioactive wastes that are not 'byproduct,"
      i.e./ so called "nixed wastes,* are subject to RCRA control if the
      waste exhibits a characteristic or contains listed waste.  We have
      been discussing this issue with DOE for several months and have
      developed, at staff level, a reasonable definition of  "byproduct
      material."  This definition will be proposed by DOB under Atomic
      Energy Act authority.  Subsequently, we will propose administrative
      regulations setting out procedures for DOE facilities.

           In any event, under the RCRA amendments, facility owners
      and operators of land disposal facilities, including DOC, have
      a statutory responsibility to submit a Part B permit application
      and certify that they are in compliance with the  Interim Status
      Subpart P requirements (see Section 3005(e)(2)).   Since moat
      DOE facilities generate and dispose of non-radioactive hazardous
      wastes just like other industries, they are subject to this
      requirement even if the hazardous wastes are combined  after
      generation with radioactive wastes which are not  subject  to RCRA
      control.  However, the requirements of the statute are not  limited
      to non-radioactive hazardous wastes, but cover  all hazardous
      wastes under RCRA control.  There is no provision that exempts
      land disposal facilities holding "mixed wastes"  from  the  duty  to
      comply with section 3005(e)(2) simply because DOE has  not  yet
      finalized it* definition of "byproduct."
      OSW;WH-565;AWLINDSRY;ab;382-47Sfi;
CPA f
                                                                           CO*Y
                                                                 WO : im 0 -

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     Until DOE promulgates the definition of "byproduct* I suggest
that you use the staff level definition as interim guidance.  DOi
has determined, under that definition, which wastes from each
generating plant are byproducts and which are "mixed wastes"
subject to RCRA control.  We have reviewed those lists and find
then to provide a reasonable split between wastes that are hasardoua
primarily due to radioactivity and those that present primarily a
chemical hazard*  We suggest that DOE facilities proceed to develop
their Part B's based on these tests*

     To implement.this, we have written a letter to DOE management
advising them of their statutory responsibilities and suggesting
that they proceed in accordance with the draft definition.
Many DOE facilities will be interacting with authorized States
rather than EPA.  Where appropriate, Regions should pass this
information on to those States.

     If there are any questions en this avatter, call Andrea Pearl
(382-2222) or Jon Perry (382*4654).


cc>  RCRA Branch Chiefs, Regions I - III, V - X
     Office of Federal Activities
     Regional Federal Facilities Coordinators,
       Region* I - X

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Dennis Huebner, Chief
Waste Management Branch
EPA Region I
John E« Kennedy Bldg.
Boston, Massachusetts -02203

Rich Walka, Chief
EPA Region XZ
Solid Waste Branch
26 Federal Plaza
New York, New York  10278

Robert L. Allen, Chief
EPA Region III
Has. Mtls., Br.
6th 6 Walnut Streets
Philadelphia, PA  49106

Janes Scarbrough, Chief
Residuals Management Branch
EPA Region IV
345 Courtland St., N.E.
Atlanta • Georgia  30308

Karl J. KJ.apltsch, Jr., Chief
Waste Management Branch
EPA Region V
111 W. Jackson St. 16th floor
Chicago, Illinois  60604

William Rhea, Chief
EPA Region VI, Solid
Waste Branch
First Int'l Bldg.
1201 Elm Street
Dallas, Texas  75270

Mike Sanderson
Hazardous Materials Branch
BPA Region VII
324 B. llth St.
Kansas City, Missouri  64106

Lou Johnson, Chief
Waste Management Branch
EPA Region VIII
1860 Lincoln St.
Denver, Colorado  80203

Philip Bobel, Chief
Hazardous Materials Branch
EPA Region IX
215 Fremont St.
San Francisco, CA  94105

Kenneth D. Feigner, Chief

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      ...          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

     >TE APR 0 I
       T  Definition of Mixed Waste


    FROM:
         Chief, Residuals Management Branch
         Waste Management Division, Region IV

     TO:
         John Skinner
         Office of Solid Waste

                                                   S
         Region IV requests that the definition of mixed waste be  finalized now,
         because Part B calls for remaining land units at TOE1 facilities

         must be made by May 8th to allow DOE a full six months  to respond.


         If there are any questions, contact Don Gibeaut of our  Waste Engineering

         Section at FTS 257-3433.
          4^^
        J&nes H. Scarbrough,  P.E.
EPA F
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                                     101985
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Mr. William A. Vaughn
Acting Assistant Secretary for
 Policy^ Safety, and the Environment
Department of Energy
Washington* O. C.  20585

Dear Mr. Vaughn*  .

     I an writing to be aure you are aware of certain statutory
responsibilities the Department of Bnergy (DOE) has in managing
certain wastes under the new amendments to the Resource Conserva-
tion and Recovery Act (RCRA).  Under these amendments (Section
3005 (eH2)) owners and operators of hasardous waste land disposal
facilities, by November 8, 1985, vustt
             (a)  submit a RCRA Part B pei
                  or an authorised Statef
                                   lit application to BPA
     (b)  certify that they are in compliance with the
          interia status groundwater monitoring require-
          ments of Subpart f of 40 CFR part 265, and

     (c)  certify compliance with the interim status
          financial requirements of Subpart H of 40 CPR
          Part 265 (under J26S.140(c) Federal facilities
          are exempt from theae requirements—certification
          should simply so state).

Failure to do so will automatically result in loss of  interim
status for these facilities and they will therefore be operating
illegally.

     AS you are probably aware, our staffs have been meeting  for
some months to discuss acceptable definitiona for determining
which radioactive wastes are subject to RCRA control  (no-called
•mixed wastes") and which are  "byproduct" materials and  thus  exempt
from RCRA.  Your Office of General Counsel has developed  a definition
that reasonably accomplishes this and your generating  plants  have
identified specific waste atreams that fall  in each category.
My ataff has reviewed these lists and finds  that they  generally
relegate wastes that pone a cheaical haiard  to RCRA control while
those that pose a high level radioactivity hazard are  generally
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 exempt as  'byproduct materials*.  But  it doee not appear that In
 the  near future remaining questions surrounding the definition
 of "byproduct* will be fully resolved  and the definition proposed
 and  promulgated under the Atonic Energy Act.

     The November 8 deadline is rapidly approaching, and developing
 permit applications and groundwatar monitoring systems that meet
 the  RCRA requirements are time consuming activities.  Therefore,
 as an interim approach Xl recommend that DOB use the lists of wastes
 developed  from the staff definition in determining which wastes
 and  waste  management facilities are subject to RCRA regulatory
 control for the purpose of complying with the November 8 deadline.
 Also, many of your'plants generate nonradioactive haaardoua
 wastes subject to RCRA control.  These wastes and DOB facilltiee
 managing them must also comply with the new amendments to the
 statute .

     Many  states have been authorised  to manage the permitting
 operation.  In those States, your application should be sent to
 the  appropriate State agency.  Our regional offices (contact list
 enclosed)  are prepared to counsel your facilities on this matter.
 Truett OeGeare (382-2210) is the appropriate contact on permitting
questions  in Washington.  Guidance on  the mechanics of certifying
 compliance with the monitoring rulee will be issued in the near
 future.    Bob Linnett (382-4844) is the appropriate contact should
you  have questions in the meantime.      ,

                              Sincerely*
                              Jack H. McGrav
                              Acting Assistant Administrator
enclosure

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