vv EPA United States Environmental Protection Agency Office of Solid Waste and Emergency Response DIRECTIVE NUMBER: 9441.04(81) TITLE: Interpretation of 40 CFR §261 6(b) as it Applies to the Reuse of "Red Water from TNT Production APPROVAL DATE: 4-io-si EFFECTIVE DATE: 4-10-81 ORIGINATING OFFICE: Office of Solid Waste 0 FINAL D DRAFT STATUS: DA Signed by AA or OAA D B Signed by Office Director , C3 C Review & Comment REFERENCE (other documents): OS WER OS WER OS WER /Ģ DIRECTIVE DIRECTIVE ------- PART 261 SUBPART A - GENERAL DOC: 9441.04(81) Key Words: Regulations: Subject: Addressee: Originator: Source Doc: Date: Summary: Recycling, TNT 40 CFR 261.l(b), 261.6(b), Parts 262, 263, 270, 271 Interpretation of 40 CFR §261.6(b) as it Applies to the Reuse of "Red Water" from TNT Production Major David J. Warner, Chief, Waste Disposal Engineering Division, U.S. Army Environmental Hygiene Agency, Aberdeen Proving Ground, Maryland 21010 John P. Lehman, Director, Hazardous and Industrial Waste Division #9441.04(81) 4-10-81 A user/recycler that receives a listed hazardous waste from a generator, and that'holds or accumulates such waste until it is used, reused, recycled or reclaimed qualifies as a hazardous waste storage facility and is subject to all requirements identified in §261.6(b). In addition, under current regulations, all off-site treatment or recycling requires a storage permit even if it is only temporarily accumulated. ------- 9441.04 (81) APR / o 1981 ''fijor i;avirj J. >arner C'-.iC'C, v:aste Cispcsal SnginecriivT Hivision rrjv.artnent ol the Arr.y ''.:;. Arwy mvironrrentAl ilyqisne Agency j-.bor'Jeon Provir.q Ground, Maryland 2101C rear .Major Warner: Your letter dated Decesber 4, 1930 to Mr. Alexander Wolf (EI'A) requesting a written interpretation of 40 CFR 261.6(b) of! the RCP.A Hazardous vaste Regulations as it applies to the reuse of "red water" from TNT production has come to my attention. The questions raised in your letter are re-stated and answered belowi (1) "Is the paper mill, as a user/recycler of a listed hazardous waste, required to coaspiy with those portions of Parts 264 and-265 listed in Section 261.6(b)7" Pursuant to Section 261.l(b) oĢ the regulations, any hazardous waste listed in Subpart D which is transported or stored prior to being used, re-used, recycled or reclaimed is subject to SuLparts A,E,C/D an^ 2 of Chapter 264, and Suhparts A-Ģ, C-J and L of Chapter 265. Furthermore, such persona arc subject to Parts 262, 263, 122, 123 as well as tha notification requirements under Section 3010 of RCPA. Therefore, the paper mill which receives the listed waste fro.-n the generator and holds or accumulates the waste until such tine that it is used, reused, recycled or reclaimed qualifies as .a hazardous waste storage facility and is subject to all requirements identified in Section 261.6(b). "Storage* is defined in Section 260.10 as tha holding of hazardous wastes for a temporary1 period of time. However, it should be noted that the Agency is currently re-evaluating its policy toward Materials/wastes which are used, reused, recycled or reclaitsed *hich nay reduce or negate the requirements for "red water" which is sent to a paper mill for recovery. The Agency is r.ou discussing the various options dealing with oar present reuse policy anrJ expects to wake a decision sonetime in the near future. When and if a change is made, the Agency will ri;hlish it in the Federal Register. ------- (2) "Arc they ceTuirod to he permitted as a P.CT.A hazardous waste storage facility 8<'*?p though the "red v;ater" v/ill net be accuT.ulat.ee at the prr:-er mill i:or period? in excess cf 90 days?" t'r:Vr the current rezul.c'tLcns, exclusions for wastes stored SO clays or. less pertain solely to generators accumula- ting wastes on Gita, Temporary accumulation or storage of "red water" hy the paper mill dees not obviate desinnatin'? thn facility ?s a storage facility. (3) "If it (paper mill) must foe permitted, what is the justification for such a requirement?" Under the act, hazardous wastes may only be transported to a ^-emitted hazardous waste treatment, storage or disposal facility. Therefore, in order to comply with the requirements of the act, the paper oiill will need a permit to receive the waste. It should also be pointed out that storage prior to use, reuse, recycling, or reclamation, and storage prior to treatment/disposal presents the sarae hazard. Thus, the Aqency sees no rationale for making a distinction. However, as noted earlier, the Agency may narrow the scope of regulatory control for materials being used, reused, recycled or reclaimed, thus, this requirement may change. I hope the information presented in this letter adequately ansv/era your questions. Thank you for inquiring; please contact Matthew Straus (202/755-9187) of my staff should further information be needed. Sincerely yours, John P. Lehman Director Hazardous & Industrial Waste Division (WH-565) KH:565:JSales:pes:x59187:3-17-81 ------- |