Interpretation of 40 CFR Section 261.6(b) as it Applies to the Reuse of "Red Water" From TNT Production


     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
/£    DIRECTIVE   DIRECTIVE

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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.

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                                                          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)  o£  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-£,  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.

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      (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

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