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."
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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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