v>EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 94*4-03(80)
TITLE: RCRA Regulation of Wastes from Storage of Petroleui Products
APPROVAL DATE: 11-17-80
EFFECTIVE DATE: U-17-80
ORIGINATING OFFICE:
0 FINAL
of Solid Waste
D DRAFT
STATUS:
[ ] A- Pending OMB approval
{ j B- Pending AA-OSWER approval
[ ] C- For review &/or comment
[ ] D- .In development or circulating
headquarters
REFERENCE (other documents):
OSWER OSWER OSWER
fE DIRECTIVE DIRECTIVE
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PART 261 SUBPART D - LISTS
DOC: 9444.03(80)
Key Words: Refinery Wastes, Petroleum Wastes
Regulations: 40 CFR 261.32, 261.33
Subject: RCRA Regulation of Wastes from Storage of Petroleum Products
Addressee: R.E. Hoyle, Manager, Operations, Koch Fuels, Inc.
Originator: Gary N. Dietrich, Associate Deputy Assistant Administrator
for Solid Waste
Source Doc:
Date:
Summary:
#9444.03(80)
11-17-80
Bottom sediments, water, wastes and spilled material and mixtures resulting
from storage of petroleum products are hazardous wastes only if:
(1) They are listed as hazardous wastes in §§261.31 or 261.32;
(2) They are mixtures containing any of the hazardous wastes listed in
Sections 261.33 or 261.32;
(3) They exhibit any of the §261 Subpart C characteristics of hazardous
wastes.
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UNlTtD STATES ENVIRONMENTAL PROTECTION AGENCY
9444.03 (80)
NOV 1 7 198Q
Mr. R. E. Hoyle
Manager, Operations
Koch Fuels, Inc.
P.O. Box 2338
Wichita, Kansas 67201
Dear Mr. Hoyle:
This is in response to your letter of September 11, 1980,
requesting clarification of our RCRA hazardous waste management
regulations relative to bottom sedinents, water wastes and spilled
material and mixtures resulting from storage of petroleum products.
You ask whether these wasteo are hazardous wastes by virtue of
containing any of the constituents, such as benzene, listed in
Appendix VIII of Part 261 of our regulations.
These wastes would only be hazardous waste if:
1. they are listed as hazardous wastes in §$261.31 or
261.32 of our regulations; or
2. they are mixtures that contain any of the hazardous
wastes listed in §§261.31 or 261.32 of our
regulations.
3. they exhibit any of the characteristics of hazardous
wastes described in Subpart C of Part 261 of our
regulations.
From the information provided in your letter, it appears that your
wastes do not meet either of the first two criteria. Your letter
does not provide sufficient information to make a judgement based
on the third criterion.
Relative to your questions about Appendix VIIT, that Appendix
is only meant to be used by EPA in making judgements about listing
wastes as hazardous wastes. It is not intended that the regulated
community must use Appendix VIII to determine whether a waste is a
hazardous waste. Put in other words, a waste that contains an
Appendix VIII constituent is only a hazardous waste because of this
if £PA has listed the waste for this reason in ?£2G1.31 or $261.32.
CONCURRENCES
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r* your wastes contain any of the Ar.pendix "VIII constituents but
these'wastes are not listed in"§§261.31 or 261.32, this does net
necessarily mean that ZPA has nade a determination that these wastes
a?e non-hazardous. It most liV.ely means that we have not yet nade *
determination with respect, to these wastes.
I hope I have clarified our regulations with respect to your
questions. If I can of further assistance, please call ne.
Sincerely yours,
Gary II. Dietrich
Associate Deputy Assistant Administrator
for Solid V7aste
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