United States Solid Waste and PB96-129069
Environmental Protection Emergency Response EPA530-R-95-076
Agency (5305W) December 1995
Index of Selected
OSW
Correspondence
EPA Office of Solid Waste
Updated as of December 1995
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
FEB 2 6 1996.
MEMORANDUM
SUBJECT: /-, OSW^s ^ /1AT^,
^i „ -,,.-., R£SPONSE
FROM: v''/"1'1M'(yi^ "1A '«'"/" wwi~-
TO: • RCRA National Policy Directors,"EPA Regions I-X
State Solid and Hazardous Waste Directors
To facilitate access to;OSW guidance.regardiflg" RCRA regulations, we have
implemented a fax-back system to distribute over 900 OSW" tetters' or memoranda., as ;well as.
recent Environmental Fact Sheets, and newsletters. The attached "Indejpto Selected.OSW
Correspondence" provides summaries ofthe cbjTespondenfce''available flirbUgh the faxrback-
system. ' • - . f ""V -'.';' . ":'..'...
The Index was designed as a research: tool for identifying EPA-. policy stateniients-
about specific RCRA issues, and wUl be updated on an a^ffluai basis. The Index references
each letter or memorandum under the appropriate Code of Federal Reg^iatjcras (CFR); '•.'•'
citation(s). To receive.^ copy: of a memofan^um from mis Index, note the fiye-digit fax-back .
numbered referenced in the Index, dial 202>-o5l^206Q-from a fax machine.and follow the
prompts (see attached instructions),, ;..'•' >v ;' .. : : -
•>•'. •-•?-" ' ' " •
Users of the Index should.note that the. referenced letters and memoranda,are not by
any means a complete representation o^the/guidance available from EPA bnRCRA issues.
Users should always consult other;Sipurces of infoTO&tion such-as>the CFR; the Federal ;
Register, Monthly Hotline Reports* EP/£ guidance documents, a^d1 ttie.iRG^A Permit Policy
Compendium to ensure complete,research;.. 7 •"•""(•• .
Additional copies of the "Ind§x of Selected Correspondesce" can be ordered through
the National Technical Information Service at 703-487^4650. The order number is PB96-129
069. The Index will also be made available on EPA^s public access server via the Internet.
For more information about {his index, the correspondence-it peftyfe^es, or about any
RCRA regulatory issue, please contact the RCRA/Superrund/$^GRAHofline:at 1-800-424-
9346 or 703-412-9810 (within the Washington, DC;area). Fpt thj.|eartngiimpaired, me
TDD number is 1-800-553-7672. : -. . .^
Attachments
cc: Regional Libraries
Recycled/Recyclable
, . PrintBd with Soy/Qan.o)a.lnk on^japer that
containt M Mint 9J%"fwifcied fltief
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THE ENVIRONMENTAL PROTECTION AGENCY'S
OFFICE OF SOLID WASTE
FAX-ON-DEMAND SERVICE
Introduction to the Fax-on-Demand Service:
OSW's fax-on-demand service is a publicly-accessible service which enables users to receive Selected Office of
Solid Waste Correspondence (SOC), selected Environmental Fact Sheets, and selected newsletters. Users can
access the fax-on
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INDEX OF SELECTED OSW CORRESPONDENCE
TABLE OF CONTENTS
INTRODUCTION AND DISCLAIMER vii
ACRONYMS AND ABBREVIATIONS viii
RCRA SUBTITLE D: MISCELLANEOUS ISSUES
Applicability 1
Future Regulations 1
Imports/Exports 1
Municipal Solid Waste Landfill Criteria 2
Municipal Solid Waste Landfill Remediation 2
Recycling Grants 2
Solid Waste and Municipal Solid Waste Combustion 2
RCRA SUBTITLE C: MISCELLANEOUS ISSUES
Enforcement
§3007 4
§3009 4
RCRA Implementation Issues 4
RCRA/NEPA Interface 4
RCRA/Superfund Interface 5
Strategy for Hazardous Waste Minimization and Combustion 6
PART 259: MEDICAL WASTE
General 8
PART 260: HAZARDOUS WASTE MANAGEMENT
SYSTEM
SUBPART B: DEFINITIONS
260.10: Definitions
Boiler/Industrial Furnace 17
Container 17
Designated Facility 17
Disposal 18
Elementary Neutralization Units 19
Generator 19
Incinerator ....20
Individual Generation Site 20
On-site ...20
Representative Sample 21
Sludge 21
Storage 24
Totally Enclosed Treatment Unit 24
Transportation 25
Treatment 25
Wastewater Treatment Unit 29
260.11: Test Methods/References 33
SUBPART C: RULEMAKING PETITIONS
260.20: General 33
260.22: Delisting : 33
260.30 and 260.31 Variances from Solid Waste Classification... 36
PART 261: IDENTIFICATION AND LISTING OF
HAZARDOUS WASTE
GENERAL WASTE IDENTIFICATION AND APPLICABILITY ISSUES
Active Management ...38
Point of Generation 39
SUBPART A: GENERAL
261.l(b): 261.2 Does Not Apply to Nonhazardous Materials 41
261. l(c): Definitions of Terms
By-product/Co-product.... 42
Commercial Chemical Products 46
Reclamation 46
Scrap Metal '. 48
Speculative Accumulation 51
Spent Material...: 51
Use/Reuse 57
261.2: General Definition of Solid Waste Issues
Contained Gases : 57
Continued Use of Products vs. Solid Waste Recycling 58
Miscellaneous 60
Sham Recycling 61
261.2(a)&(b): Discarded and Abandoned .TT63
261.2(c)(l): Use Constituting Disposal 66
261.2(cX2):UseasaFuel 71
261.2(cX3): Reclamation 74
By-products Destined for Reclamation 74
Commercial Chemical Products Destined for Reclamation... 77
Scrap Metal Destined for Reclamation.... 80
Sludges Destined for Reclamation 81
12/5/95
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Spent Materials Destined for Reclamation 84
261.2(c)(4): Speculative Accumulation 88
261.2(d): Inherently Waste-like Materials 89
261.2(e): Use/Reuse 89
261.2(0: Documentation of Recycling Claims 97
261.3(a): Mixture Rule 98
Product Carryover vs. Hazardous Waste Mixture. 102
261.3(a)(2)(iu): Mixtures Involving Wastes Listed Solely For
Characteristics 104
261.3(a)(2)(iv): Exempt Mixtures '. 106
261.3(aX2Xiv)(A)&(B): Spent Solvents 107
261.3(a)(2)(iv)(D): De Minims Losses of Commercial
Chemical Products 108
261.3(a)(2Xiv)(E): Toxic Wastes from Laboratories
Not > 1% 108
261.3(a)(2)(ivXF): Exemption for K157 Carbamate
Wastewaters 109
261.3(c)&(d): Derived-from Rule 109
261.3(cX2)(i): Products Reclaimed from Hazardous Wastes
Are Not Wastes 114
261.3(cX2)(ii): Derived-from Rule Exemptions 117
261.3(f): Contained-in Policy/Rule 118
261.4(a): Materials Not Solid Wastes
261.4(aXl): Domestic Sewage 122
261.4(a)(2): Industrial Wastewater Discharges 123
261.4(aX4): Nuclear Materials.. :....124
261.4(a)(7): Sulruric Acid 124
261.4(a)(8): Closed-loop Reclamation 125
261.4(a)(10): Coke By-products 125
261.4(a)(12): Recovered Oil 126
261.4(b): Solid Wastes Not Hazardous Wastes
261.4(b)(l): Household Hazardous Waste 126
261.4(b)(4): Coal/Fossil Fuel Combustion Wastes 130
261.4(b)(5): Oil and Gas Exploration and Production
Wastes 131
261.4(bX6): Tanning Industry Wastes 131
261.4(b)(7): Mining and Mineral Processing Wastes 132
261.4(b)(8): Cement Kiln Dust 132
261.4(bX9): Treated Wood Products 133
261.4(bX10): Petroleum-contaminated Media and Debris....133
261.4(b)(ll): Injected Groundwater 134
261.4(bX13): Non-teme Plated Used Oil Filters 134
261.4(c): Manufacturing Process Units/Product Vessels.. 134
261.4(d): Samples Exclusion 135
261.4(e)A(f): Treatability Studies Exclusion 136
261.3: Conditionally Exempt Small Quantity Generators 136
261.5(c)A(d): Counting , 138
261.6<«X2): Recychbfc Materials Subject to Part 266 ..141
26I.6WO): Condkiontlly Exempt Wastes 144
26t.6(aX3Xii): Used Batteries Sent for Regeneration 145
261.6
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262.3 l:F-listed Wastes 191
P001-F005: General 192
F001-P005: Solvent Carryover 192
F001-F005: Solvent Ingredients in Paint Not Listed 192
F001-P005: Solvent Percentages Before Use -.194
F001-F005: Solvent Use 196
F002 197
F003 201
F005 203
F006-F009: Current Electroplating Operations Definition..203
F006-F009: Electroplating Operations Definition
(Not Current) 206
F006-F009: F006 Exclusions 207
F006-F009: F006 Sludges 208
F006-F009: F007, F008, F009 210
F010, F011. F012: Heat-Treating Wastes 211
F017. F018 211
F019: Conversion Coating Sludges 211
F020-F023, F026-F028: Dioxin Wastes ..213
F032, F034. and F035: Wood Preserving Wales 216
F037 and F038: Petroleum Refining Wastes 216
261.32: K-listed Wastes
K001: Wood Preservation 217
K009-K136: Organic Chemicals... 218
K031-K126: Pesticides 218
K044-K136: Explosives 219
K048-K052: Petroleum Refining 219
K060, K087, K141-K145, K147, K148: Coking 221
K061 and K062: Iron and Steel 221
K064: Primary Copper 223
K069 and K100: Secondary Lead 223
K078-K082: Paint Wastes 224
K086: Ink Formulation 224
K088: Primary Aluminum 224
K090 and K091: Ferroalloys 225
K1S6. K1S7, K1S8, K1S9, K160. K161: Carbamates 225
261.33: P- and U-listed Wastes
Discarded 225
General 227
Sole Active Ingredient 228
Technical Grade 230.
Used/Unused 230
261.33(e): P-listed Wastes 233
261.33(0: U-listed Wastes 234
PART 2
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SUBPART G: FARMERS 270 -
PART 262 APPENDICES
APPENDIX: THE MANIFEST 271
PART 263: TRANSPORTERS
SUBPART A: GENERAL
263.10: Scope . 272
263.11: Identification Numbers... 273
263.12: Transfer Facilities 273
SUBPART B: THE MANIFEST AND RECORDKEEPING
263.20: The Manifest System 275
263.21: Compliance with the Manifest 276
SUBPART C: HAZARDOUS WASTE DISCHARGES 276
263.30: Immediate Action 276
263.31: Discharge Clean Up 276
PART 264/265: STANDARDS FOR PERMITTED/INTERIM
STATUS FACILITIES
SUBPART A: GENERAL
264.1/265.1: Applicability 278
264.13/265.13: Waste Analysis ...279
SUBPART E: MANIFEST SYSTEM, RECORDKEEPING, AND
REPORTING 279
SUBPART F: GROUNDWATER MONITORING . 279
SUBPART G: CLOSURE 280
SUBPART I: CONTAINERS 281
SUBPART J: TANK SYSTEMS 281
SUBPART K: SURFACE IMPOUNDMENTS 282
SUBPART N: LANDFILLS 282
SUBPART O: INCINERATORS 282
SUBPART S: CORRECTIVE ACTION : 284
SUBPART W: DRIP PADS '. 286
SUBPARTS X AND P: MISCELLANEOUS UNITS/THERMAL
TREATMENT UNITS 287
SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS
VENTS 287
SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT
TANKS 287
SUBPART DD: CONTAINMENT BUILDINGS 287
PART 266: HAZARDOUS WASTE RECYCLING
SUBPART C: RECYCLABLE MATERIALS USED IN A MANNER
CONSTITUTING DISPOSAL.. 289
SUBPART E: USED OIL BURNED FOR ENERGY
RECOVERY 293
SUBPART F: RECYCLABLE MATERIALS UTILIZED FOR
PRECIOUS METAL RECOVERY 295
SUBPART G: SPENT LEAD-ACID BATTERIES BEING
RECLAIMED 297
SUBPART H: HAZARDOUS WASTE BURNED FOR ENERGY
RECOVERY/BOILERS AND INDUSTRIAL FURNACES 298
PART 268: LAND DISPOSAL RESTRICTIONS
SUBPART A: GENERAL 303
268.3: Dilution Prohibition 305
268.4: Treatment in Surface Impoundment Exemption ,...306
268.5: Procedures for Case-by-Case Extensions to an
Effective Date 305
268.6: No-migration Variances 307
268.7: Waste Analysis, Notification, and Recordkeeping 307
268.9: Notification for Characteristic Wastes ."308
Listed Code Operating in Lieu of Characteristic Code 308
Notification for Wastes that Cease to Exhibit
Characteristics
'5/95
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SUBPART C: PROHIBITIONS ON LAND DISPOSAL
268.30: Solvent Wastes 309
268.32: California List 310
268.33: First Third Wastes 311
268.35: Third Third Wastes 311
SUBPART D: TREATMENT STANDARDS
268.40-268.43: Waste Code-Specific Treatment Standards 312
Corrections to Treatment Standards 313
Differing Treatment Standards for Single Waste Constituent
(§268.40(c)) : .-. 313
F001-F005 Spent Solvent Treatment Standards...; 313
Specified Technology Treatment Standards 313
268.45: Alternative Debris Treatment Standards 314
268.48: Universal Treatment Standards 315
PART 268 APPENDICES
APPENDIX III: LIST OF HALOGENATED ORGANIC COMPOUNDS
REGULATED UNDER §268.32 316
PART 270: HAZARDOUS WASTE PERMITS
General 317
PART 271: AUTHORIZATION OF STATE PROGRAMS
General ...321
PART 273: STANDARDS FOR UNIVERSAL WASTES/
SPECIAL COLLECTION SYSTEM WASTES
General 322
PART 279: USED OIL MANAGEMENT STANDARDS
General 323
SUBPART A: DEFINITIONS....; 325
SUBPART B: APPLICABILITY 326
SUBPART C: GENERATORS 327
SUBPART D: COLLECTION CENTERS AND AGGREGATION
POINTS : i 327
SUBPART E: TRANSPORTERS AND TRANSFER
FACILITIES 328
SUBPART F: PROCESSORS AND REREFINERS 328
SUBPART G: BURNERS OF OFF-SPECIFICATION USED OIL
FOR ENERGY RECOVERY 329
SUBPART I: USE AS DUST SUPPRESSANT AND DISPOSAL
OF USED OIL 329
12/5/95
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INTRODUCTION AND DISCLAIMER
This document is an index of selected Office of Solid Waste (OSW)
correspondence that has been developed by the staff of EPA's
RCRA/UST, Superfund, and EPCRA Hotline for use as a research tool
about RCRA issues. Booz-Allen and Hamilton Inc. operates the "
Hotline under contract 68-WO-0039 to EPA. The following paragraphs
explain the purpose, uses, and limitations of the index.
This index organizes summaries of over 900 letters and memoranda
issued by OSW. Addressed primarily to persons in the regulated
community as well as state and Regional regulators, the correspondence
represents past EPA interpretations of the RCRA regulations governing
management of solid, hazardous, and medical wastes.
This document and the summaries it contains are not intended to serve
as statements of EPA policy. The index should not be cited or quoted
and cannot be relied upon to create any substantive or procedural rights
enforceable by any party in litigation with the United States. Rather, the
index is a research tool enabling readers to identify EPA policy
statements about specific RCRA issues.
Some of the correspondence referenced in this index may no longer
reflect EPA's current regulations or policies. Whenever possible, the
index indicates this. Users of the index should also note that the letters
and memoranda referenced in this document are not by any means a
complete representation of the guidance available from EPA on RCRA
issues. These letters are riot intended to replace or supersede the
regulations. Users should always consult other sources of information
.such as the Code of Federal Regulations, the Federal Register, Monthly
Hotline Reports, EPA guidance documents, and the RCRA Permit
Policy Compendium to ensure complete research.
This document is designed for use by readers familiar with the federal
RCRA program and the relevant regulations. The index's organization
parallels that of 40 CFR Parts 258 to 279. The document indexes each
letter or memorandum under the appropriate CFR citation (or citations)
which the letter or memorandum clarifies.
For more information about this index, about the correspondence it
references, or about any RCRA regulatory issue, please call the Hotline
at the numbers listed below.
National toll-free (outside of DC area):
(800) 424-9346
Local number (within DC area):
(703) 412-9810
National toll-free for the hearing impaired (TDD):
(800)553-7672
The Hotline is open 9 AM to 6 PM Eastern Time, Monday through
Friday, except for federal holidays.
Once readers identify correspondence of interest by using the index,
they may contact the Hotline at the telephone number provided above for
information about the multiple means of obtaining copies of the desired
letters or memoranda. One means of obtaining these memos is through
the EPA Fax-On-Demand system. To receive a fax copy of a
memorandum from this index, note the five-digit FaxBack number
referenced in the index, dial (202) 651-2060 from a fax machine, and
follow the prompts.
VII
12/5/95
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ACRONYMS AND ABBREVIATIONS
AEA
AMC
AOC
API
ARAR
ASTM
BIF
CA
CAMU
.CAS
CCP
CDC
CDD
CDF
CERCLA
CESQG
CFC
CKD
CWA
DDT
DIY
DOE
DOT
E&P
EAF
ENU
EP
EPA
FFCA
First Third
GW
HHW
HOC
Atomic Energy Act
American Mining Congress
Area of Contamination
American Petroleum Institute
Applicable, Relevant, and Appropriate
American Society Test Methods
Boilers and Industrial Furnaces
Corrective Action
Corrective Action Management Unit
Chemical Abstract Service
Commercial Chemical Product
Center for Disease Control
Chlorinated Dibenzo-para-dioxin
Chlorinated Dibenzofuran
Comprehensive Environmental Response
Compensation and Liability Act
Conditionally Exempt Small Quantity
Generator
Chlorofluprocarbon
Cement Kiln Dust
Qean Water Act
Dichloro Diphenyl Trichloroethane
Do-It-Yourself
Department of Energy
Department of Transportation
Oil and Gas Exploration and Production
Electric Arc Furnace
Elementary Neutralization Unit
Extraction Procedure
Environmental Protection Agency
Federal Facility Compliance Act
First of Three Congressionally Mandated
LDR Rulemakings
Groundwater
Household Hazardous Waste
Halogenated Organic Compound
HTMR
HW
HWIR
ID
Implementing
Agency
LBP
LDR
LOIS
LQG
MARPOL
MCL
MRQ
MSW
MSWLF
MTR
MW
MWC
NCP
NCV
NPL
NRC
OB/OD
ORD
OSHA
OSW
PCB
PCP
PFT
PIC
POHC
QA/QC
RCRA
RMW
High Temperature Metals Recovery
Hazardous Waste
Hazardous Waste Identification Rule
Identification
State or Regional Office
Lead Based Paint
Land Disposal Restriction
Loss of Interim Status
Large Quantity Generators
International Convention for the Prevention
of Pollution from Ships
Maximum Contaminant Level
Monthly Report Question
Municipal Solid Waste
Municipal Solid Waste Landfill
Minimum Technical Requirements
Medical Waste
Municipal Waste Combustion
National Contingency Plan
National Capacity Variance
National Priorities List
Nuclear Regulatory Commission
Open Burning/Open Detonation
Office of Research and Development
Occupational Safety and Health
Administration
Office of Solid Waste
Polychorinated Biphenyls
Pentachlorophenol
Paint Filter Liquids Test
Product of Incomplete Combustion
Principal Organic Hazardous Constituent
Quality Assurance/Quality Control
Resource Conservation Recovery Act
Regulated Medical Waste
lii
12/5/95
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RPPC
Second Third
SIC
SQG
SW
SW-846
SWMU
TC
TCDD
TCE
TCLP
Third Third
TOC
TSCA
TSDF
TSS
uo
USPS
UST
UTS
WWTU
RCRA Permit Policy Compendium
Second of Three Congressionally Mandated
LDR Rulemakings
Standard Industrial Code
Small Quantity Generator
Solid Waste
Test Methods for Evaluating
Physical/Chemical Methods
Solid Waste Management Unit
Toxicity Characteristic
Tetrachlorodibenzo-p-dioxins
Trichloroethylene
Toxicity Characteristic Leaching Procedure
Third of Three Congressionally Mandated
LDR Rulemakings
Total Organic Carbon
Toxic Substances Control Act
Treatment, Storage, and Disposal Facility
Total Suspended Solids
Used Oil
United States Postal Service
Underground Storage Tank
Universal Treatment Standards
Wastewater Treatment Unit
IX
12/5/95
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RCRA SUBTITLE D: Applicability
Page 1
12/5/95
RCRA SUBTITLE D
SUBTITLED: MISCELLANEOUS ISSUES
Applicability
3/7/95 Friedman to Hill
Region I
RCRA Subtitle D regulations (Part 257 open dumping rules and Part 258 MSWLF) may
not apply to household waste disposed on residential property (i.e., in backyards)
Pages: 6
FaxBack:
11898
Future Regulations
11/8/91 Clay
to VanPutten
National wudlife Federation no additional regulations will be promulgated under Subtitle D for landfills and surface
impoundments receiving dioxin-containing sludge from chlorine and chlorine derivative
bleached pulp and paper mills
Pages: 10
FaxBack:
11652
Imports / Exports
9/14/89 Barnes to Grieder
EPAHQ
EPA estimates of quantities of SW exported for disposal or recycling
Pages: 4
FaxBack:
11469
2/16790 Lowrance to Sutherland
Lomax Development Corp. as of February 1990, EPA has no authority to control export of MSW to foreign countries;
new requirements for MSW exports predicted as result of Basel Convention and pending
legislation
Pages: 2
FaxBack:
11493
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RCRA SUBTITLE D: MSWLF CHttrU
Page 2
12/5/95
MSWLF Criteria
4/5/95 Shapiro
to Waste Management Regions I-X
Division Directors
April 9.1997. is new deadline for MSWLFs to obtain financial assurance; delay will allow Pages: 2
development of local government and corporate financial test mechanisms ?ioS?ck:
MSWLF Remediation
7/10/85 Skinner to Suska
Baltimore City Health Dept, closed MSWLF suspected of containing HW is subject to CA if facility on which landfill is Pa8es: 3
located requires permit or if facility has interim status or should have had interim status;
closed MSWLF still subject to CERCLA
Recycling Grants
12/10/93 Weddte
to Colleagues
EPA HQ and Regions
Jobs Through Recycling Initiative and EPA's plans to provide grants to SW Recycling and Pa8es: 3
Reuse Business Assistance Centers (RBACs) and Recycling Economic Development moo"*1
Advocates (REDAs) iuw
SW And MSW Combustion
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RCRA SUBTITLE D: SW And MSW Combustion
Page 3
12/5/95
7/2/87 Williams to Wolman
EnerGroup, Inc.
SW incinerators are regulated by states in accordance with general EPA guidelines in 40
CFR Part 240; HW regulations do not govern burning of nonhazardous waste
Pages: 2
FuBtck:
11263
3/22/95 Laws
to Regional
Administrators
Region! I-X
ash from waste-to-energy facilities burning MSW no longer exempt from Subtitle C if it
exhibits characteristics; revised deadlines and enforcement priorities for implementation of
MSW combustion ash Supreme Court decision
Pages: 6
FaxBack:
11901
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RCRA SUBTITLE C: Enforcement
§3007
Page 4
12/5/95
RCRA SUBTITLE C
SUBTITLE C: MISCELLANEOUS ISSUES
Enforcement
S3007
4/2/81 Lehman to Arnold
Dow Chemicil U.S.A.
EPA information gathering authority granted under RCRA §3007 extends to collection of Pa8e»: '
economic data
S3009
6/23/95 Shapiro to Downey
Downey Chandler, Inc. RCRA §3009 prohibits state governments or other political subdivisions from imposing Pa8cs: 3
regulations less stringent than federal RCRA Subtitle C rules on the same matter ?f™0ack:
11908
RCRA Implementation Issues
2/10/92 Clay
to Reilly
EPAHQ
overview of RCRA Subtitle C reform initiatives growing out of President's "90-day Review Pages: 35
of Regulations;" concentration-based exemptions, UTS, post-closure permitting, remediation F»*B»ck:
reforms --
RCRA / NEPA Interface
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RCRA SUBTITLE C: RCRA / NRPA Interface
Page 5
12/5/95
3/22/79 Rogers to Plehn
EPAHQ
when promulgating RCRA rulemakings, EPA is exempt from National Environmental p»8ei: 8
Policy Act (NEPA) requirement to prepare separate environmental impact statements (EIS)
for every "major federal action significantly affecting" the environment
RCRA / Super-fund Interface
8/21/87 Longest to Directors
Regions I-X
nothing precludes closed MSWLF from being placed on CERCLA NPL even if EPA cannot ***"• 2
document that landfill received HW in past
6/26/89 Cannon to Simon
RI Division of Family Health RCRA Subtitle C regulations are applicable at CERCLA cleanups; testing or applying Pa8«; 3
knowledge of contaminated soils from CERCLA sites dictates whether soil is handled as HW f?55?ck:
ineligible for disposal in MSW landfill
1/3/90 Clay to Mineta
U.S. House of
Representative*
Technical Assistance Grants (TAGs) already granted to communities near CERCLA sites Pa8": 2
may continue when sites are deferred to RCRA Subtitle C oversight prior to final cleanup
2/2/90 Clay to Zelikson
Region DC
Technical Assistance Grants (TAGs) already granted to communities near CERCLA sites
may continue when sites are deferred to RCRA Subtitle C oversight prior to final cleanup
Pages: 3
FaxBack:
11487
7/11/90 Clay to Wassersug and Mulkey Region m
RCRA CA can be used at CERCLA NPL sites; §3008(h) actions at NPL sites need not
comply with NCP remedy selection requirements; relationship between RCRA corrective
action and CERCLA NPL deletion and deferral; CERCLA five year review at RCRA C A
sites
Pages: 3
FaxBack:
11540
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RCRA SUBTITLE C: RCRA / Suacrfund Interface
Page 6
12/5/95
5/9/94 Laws
to Waste Management Regioni i-x
Division Directors
Combustion Strategy impact on HW incineration at CERCLA cleanups; HW combustion
remains appropriate remedy at many sites; Combustion Strategy is not an ARAR since not
legally enforceable, but is regarded as a TBC (To Be Considered") at Superfund sites
Pages: 5
FaxBack:
11834
9/29/94 Perry
to Sain
Booz-Allen & Hamilton
disposal of fluorescent lamps in HW landfill is exempt from CERCLA reporting, but not
liability or response provisions; disposal of fluorescent lamps or ballasts in Subtitle D
landfill or TSCA landfill not exempt from CERCLA release reporting requirements
Pages: 5
FaxBack:
11878
Waste Minimization And Combustion Strategy
8/11/93 Browner to Dingell
U.S. House of .
Representatives
Combustion Strategy will not impact incinerators at CERCLA sites or ability of interim
status units to continue burning HW; summary of risk assessment guidance; EPA
examining its authority to enforce generator and TSDF waste minimization and certification
requirements
Pages: 10
ck:
9/23/93 Denit
to Waste Management Regions i-x
Division Directors
guidance on indirect exposure assessments for HW combustion sources: memo transmitting
for review and comment EPA's draft addendum to 1990 ORD report, "Methodology for
Assessing Health Risks Associated with Indirect Exposure to Combustor Emissions"
Pages: 3
FaxBack:
11773
3/16/94 Browner
to Environmental
Appeals Board
EPAHQ
interim status facilities may operate after denial of permit when denial appealed to
Environmental Appeals Board (EAB); pursuant to Combustion Strategy, EAB directed to
take final action within 90 days on appeals of interim status combustion facility permit
denials
Pages: 2
FaxBack:
11817
4/4/94 Shapiro to Fortuna
Hazardous Waste
Treatment Council
interim status is a statutory right when a facility meets all applicable standards; EPA cannot
order BIFs that properly qualified for interim status to stop operating; to qualify for interim
status, facility must be in existence on effective date of applicable rule
Pages: 12
FaxBack:
11825
-------
RCRA SUBTITLE C: Waste Minimization and Combustion Strategy
P«ge 7
12/5/95
5/5/94 Shapiro to Waste Management Regions l-x
Division Directors
memo transmitting latest revisions to implementation guidance for conducting risk
assessments at RCRA HW combustion facilities pursuant to Combustion Strategy.
Pages: 2
FaxBack:
11833
5/9/94 Laws
to Waste Management
Division Directors
Region! I-X
Combustion Strategy impact on HW incineration at CERCLA cleanups; HW combustion
remains appropriate remedy at many sites; Combustion Strategy is not an ARAR since not
legally enforceable, but is regarded as a TBC (To Be Considered") at CERCLA sites
Pages: 5
FaxBack:
11834
7/18/94 Shapiro to St. John
BKK Landfill
waste minimization and certification requirements apply to landfill which generates, and has
RCRA Subtitle C treatment permit for, F039 leachate; no exemption from waste
minimization certification for facilities generating HW from remedial activity
Pages: 2
FaxBack:
11855
-------
PART 259
General
Page 8
12/5/95
259
MEDICAL WASTE
General
1/17/89 Petruska to Cunniff
EPAHQ
MW is a SW and is subject to Subtitle D regulation, or if hazardous, to Subtitle C; EPA is P*se9: '
developing MW program pursuant to the Medical Waste Tracking Act; MW also covered by ff5B,ack:
CWA, Ocean Dumping Act, and MARPOL (for plastics)
2/3/89 Barnes to Simon
Region II
MW that is brought into a covered state is presumed to be subject to Part 2S9 unless
transporter can document that the waste originated in a noncovered state
Pages: 1
FaxBack:
11394
2/17/89 Dellinger to Regions
Regions I-X
disposal of MW from Navy ships
Pages: 2
FaxBack:
11397
3/15/89 Zabinski to Citizen
EPA to establish a two-year MW demonstration tracking program; studies indicate low
incidence of disease transmission due to environmental exposure to MW
Pages: 2
FaxBack:
11406
3/20/89 Petruska to Medical Waste Docket EPA HQ
clarification of Part 259 coverage of body fluids (human blood and blood products, and
human pathological waste)
Pages: 2
FaxBack:
11407
-------
PART 259
General
Page 9
12/5/95
4/10/89 Lowrance to Florini
Environmental Defense
Raid
EPA rationale for regulating certain categories of MW pursuant to the Medical Waste
Tracking Act of 1988, while excluding others
Pages: 5
FaxBack:
11417
4/27/89 Wehling to Stoll
Fieedman. Levy. Kroll ind ash from incinerating RMW is no longer subject to Part 259; lime and cement kilns may
qualify as destination facility, treatment and destruction facility
p'Bes: 4
7/18/89 Cannon to Wyden
VS. House of
Representatives
EPA's data sources for first interim Report to Congress; EPA strategy for evaluating the
efficacy of demonstration program
Pages: 3
FaxBack:
11445
7/24/89 Barnes to Hall
San-l-Pak Pacific no compaction or mechanical stress allowed during loading, unloading, or transit;
compaction is allowed during packaging
Pages: 2
FaxBack:
11448
7/31/89 Barnes and to Medical Waste
Bromm Contacts
Regions, States, and
Territories
MW Qs and As, first set (numbers 1-7: cotton swabs used in throat cultures; disposable
specula; surgical dressings; defective unused syringes; compaction is not destruction;
compaction during packaging is legitimate)
Pages: 6
FaxBack:
11450
8/28/89 Barnes to Kniesly
Columbia University
using weight-averaging method to estimate quantity of RMW incinerated is acceptable for
incinerator recordkeeping; records should indicate incinerated quantity, by weight
Pages: 2
FaxBack:
11463
9/5/89 Barnes and to Medical Waste
Bromm Contacts
Regions, Slates, and
Territories
MW Qs and As, second set (numbers 8-14: recordkeeping requirements, glass intravenous
(i.v.) bottles; containers holding blood products; plastic i.v. bags; pleural fluid containers;
discarded specimen container; disposable razors; feminine hygiene products; body parts)
Pages: 8
FaxBack:
11465
-------
PART 259
General
Page 10
12/5/95
9/5/89 Barnes and to Medical Waste
Bromm Contacts
Regions, States, and
Territories
MW Qs and As, second set (numbers 8-14: recordkeeping requirements, glass intravenous
(i.v.) bottles; containers holding blood products; plastic i.v. bags; pleural fluid containers;
discarded specimen container; disposable razors; feminine hygiene products; body parts)
Pages: 8
FaxBack:
11465
9/12/89 Barnes
to Citizen
organs and blood processed into patient care materials or used in transplants are not discarded
materials, and so are neither SW nor RMW
Pages: 2
FaxBack:
11467
10/17/89 Barnes to Farrington
Medical SafeTEC generators must use the DSPS registered mail return receipt requested system to qualify for
the sharps mailing exemption; exemption applies to generators in covered states who
generate less than SO pounds/month and ship less than 50 pounds of RMW per shipment
Pages: 2
FaxBack:
11475
10/20/89 Denit to Waltman
Greater New York Hospital hospital patient room waste is not generally RMW if segregated from RMW such as
Association intravenous bags and items saturated with blood, unless patient is in isolation due to
infection with highly communicable disease
Pages: 2
FaxBack:
11477
10/31/89 Barnes to Wood
National Syringe Disposal
applicability of Part 259 to waste pucks from syringe disposal system; only waste that has
been treated and destroyed is no longer regulated MW
Pages: 3
FaxBack:
11478
11/2/89 Barnes and to Medical Waste
Bromm Contacts
Regions, States, and
Territories
MW Qs and As, third set (numbers 15-23: highly communicable diseases such as smallpox, Pa8es: I4
Lassa fever; no storage time limit; specimens from anatomy class; animal carcass exposed to
zoonotic agent; body fluids; discarded catheter bag; MW from emergency health care)
12/26/89 Barnes and to Medical Waste
Bromm Contacts
Regions, States, and
Territories
MW Qs and As, fourth set (numbers 24-35: syringes in integral sheaths; compaction; stocks Pa««: 1°
of infectious agents; preprinted tracking forms; no storage time limit; HW-MW mixture; Ff*??ck:
RMW containing radioactive waste subject to NRC and Pan 259)
-------
PART 259
General
Page 11
12/5/95
1/16/90 Barnes
to Spinosa
MilKnckroAMedkal.be radioactive decay b treatment of radioactive component of rediopharmaceutical but is not Page*: 2
treatment of infectious portion; facility that recovers residual radiophaimaceutical materials is f "?,lck:
, j. - ^_ ' 'II 485
an nerineikaie nanoler
2/1/90 Petruska to Manzano
Abbott Puerto Rico
Operations
autoclaving b legitimate treatment method but not legitimate destruction method; generators p"8es: 3
who treat and destroy on site must comply with Part 259 storage requirements prior to
treatment/destruction; QA/QC procedures performed on test kits may generate RMW;
microorganisms
2/2/90 Barnes
to Confer
NJDEP
breaking needle from syringe, removing nipple from syringe barrel, and separating plunger Pages: 2
from syringe barrel are not adequate destruction methods nSgg °k:
2/27/90 Barnes to Smith
Safe Way Disposal Systems roll-off receptacles meet packaging requirements in §259.41 (a), but do not meet container Pages: 2
requirements for sharps and fluids (e.g., single secondary receptacle); each package must be ^495ck:
labeled with shipment date; paperwork requirements
2/27/90 Barnes to Wilt
healihPak. Inc.
disposable dental instrument trays could be RWM if contaminated with human blood or
isolation wastes; if trays are recycled to make a new product, they may be exempt at the
point of recycling; generators of RMW that will be recycled must track items to recycling
facility
Pages: 3
FaxBack:.
11496
3/2/90 Barnes to Lowrance
EPAHQ
state MW project-specific grant proposals (list of grants by state)
Pages: 7
FaxBack:
11498
3/5/90 Barnes and to Medical Waste
Bromm Contacts
Regions, States, and
Territories
MW Qs and As, fifth set (numbers 36-49: wastes from screening procedures; items used in Pages: 15
preparation of corpses; artificial body parts; implants; radiopharmaceuticals may be dually
regulated; syringes; culture dishes; contracting as a group; no definition of health-care facility
-------
PART 259
General
Page 12
12/5/95
4/12/90 Petniska to Manzano
Abbott Pueno Rico
°Peririons
autoclaving is treatment, not destruction; discarded test kits from QA/QC procedures
containing biologicals or body fluids are RMW; almost all cultures/stocks from medical or
pathological lab are RMW; infectious agents include certain CDC etiological agents
1 3
4/16/90 Petniska to Wilson
Medical SafeTEC MW is subject to regulation until it has been both treated and destroyed; definition of
destroyed MW
Pages: 2
FaxBack:
11506
4/20/90 Barnes to Goldberg
Steptoe and Johnson
no EPA authority to approve and/or disapprove MW treatment technologies; MW that has
been both treated and destroyed is no longer subject to tracking requirements; chemical
disinfection followed by encapsulation in plastic bottle is insufficient
Pages: 3
FaxBack:
11509
4/20/90 Straus to Roberts
Safe Way Disposal Systems, Part 259 packaging requirements for sharps (Class 4) are performance standards; corrugated
Inc- box may not meet all of the packaging requirements; objective is to ensure containment
without leakage or release and to provide flexibility in meeting standards
Pages: 2
FaxBack:
11510
4/22/90 Barnes to Confer
NJDEP
regulated and non-regulated MW packaged together are subject to Part 259; segregation of
wastes is encouraged, not required; MW generated during emergency medical services is
RMW; SQG exemption; unused glass vacuum tubes are not RMW
Pages: 3
FaxBack:
11511
5/7/90 Barnes to Krueger
Proctor and Gamble Co. waste from treatment of incontinence not specifically designated as MW, may be regulated if Pag«: 4
contaminated with RMW FaxBack:
11514
5/9/90 Lowrance to Watson
Oak Ridge National Lab MW regulations exclude human corpses, remains, and anatomical parts that are intended for P»g«: 2
interment or cremation FaxBack:
11515
-------
PART 259
General
Page 13
12/5/95
5/11/90 Barnes to Terpstra
Scott Paper Co.
items used in the treatment of incontinency are not specifically listed as RMW; may be Pl8ef: 2
regulated if contaminated with blood or other regulated body fluids; or if contaminated with
fluids from humans with highly communicable diseases
6/18/90 Petruska to Boyland
Recovery Corp. of America general packaging and labeling requirements for treated v. untreated MW; transporter
exemption when mailing sharps through USPS
Pages: 3
FaxBack:
11525
6/21/90 Bromm to Datt
American Farm Bureau wastes generated during agricultural activities (e.g., treatment of animals and production or Pages; 2
Federation testing of biologicals) which meet the definition of RMW are subject to Part 259 Back:
6/21/90 Bromm to Alampi
NJ Veterinary Medical animal carcass suspected of harboring infectious disease (e.g., rabies) is RMW when disposed Pae«: 2
Association ' FaxBack:
11529
6/24/90 Wilson to Anderson
HEMOX. Inc.
OSHA jurisdiction over MW management within facilities v. EPA jurisdiction over
disposal; EPA has established performance standards for leak- and puncture-resistant
-containers, rather than test methods
Pages: 2
FaxBack:
11530
7/2/90 Petruska to Sabbagh
SoDatek Corp.
EPA does not have the authority to approve medical treatment technologies and does not
endorse specific commercial products; containment and/or management of MW at point of
generation is regulated by OSHA
Pages: 1
FaxBack:
11534
7/10/90 Bussard to Nazario
Caribbean Bioresearch. inc. testing of medical products (e.g., biologicals such as vaccines and cultures, and
Pharmaceuticals such as antibiotics and eye drops) may generate RMW; compaction is not
destruction; liquid wastes disposed through the sewer are not subject to Part 259; certain
cytotoxic drugs are listed HW
Pages: 4
FaxBack:
11536
-------
PART 259
General
Page 14
12/5/95
7/11/90 Bussard to Panik
American Sterilizer Co.
Part 259 does not contain MW disposal standards; encapsulation does not meet destruction p»8es: 2
requirement f?jfock:
11538
7/11/90 Bussard to Figueroa
Abbott Laboratories wastes from the production or testing of diagnostic test kits and Pharmaceuticals that contain p"ges: 2
biologicals or body fluids are RMW ['539 ck:
7/17/90 Bussard to Grieco
Medical and Hazardous
Waste Management
EPA cannot approve procedure for splitting load of RMW; transporter must deliver entire Pa8es: 2
quantity of RMW to (1) the intermediate handler or destination facility listed on the tracking ff J?-?ck:
form or (2) the next transporter
8/8/90 Barnes to Krueger
Proctor and Gamble Co.
waste from treatment of incontinence is not specifically designated as MW, but may be
regulated when contaminated with blood or other regulated body fluids
Pages: 2
FaxBack:
11548
9/5/90 Bussard to Teringo
PDMP. Inc.
RMW packaging requirements; needle sheath for used sharps does not meet Part 259
definition of container
Pages: 2
FaxBack:
11555
9/7/90 Bussard to Cordero
Symex (P.P.). be. autoclaving is treatment but not destruction of RMW; autoclaved RMW is still subject to Paees: 2
Part 259 requirements until destroyed; QC procedures performed on medical products could
• __ .,-- •
produceRMW
9/7/90 Bussard to Fisher
NY County Medical Society generator definition; multiple MW generators at one site are individually liable; if such Pag«: 2
wastes are commingled, generators could be jointly and severally liable; SQG are eligible for
certain exemptions
-------
PART 259
General
Page 15
12/5/95
9/7/90 Bussard to Diamond
Wive Energy Systems, inc. medical and disinfectant waste mixture should first be evaluated against HW criteria; used and v*gt»: 3
unused sharps are RMW; definitions of treated and destroyed; crushing is not destruction ck:
9/13/90 Wilson to Troy
WMI Medical Services. Inc. transporters who carry MW from covered states must notify EPA; notification of
discrepancies in addressee's semi-annual MW transporter report
Pages: 2
FaxBack:
11560
9/20/90 Bussard and to Medical Waste
Bromm . Contacts
Regions, Slates, and
Territories
MW Qs and As, sixth set (numbers 50-63: federal v. state v. local MW regulations;
generator v. transporter responsibility for pretransport requirements; no semiannual report,
notification for generators and destination facilities; no permit for MW disposal facility)
Pages: 18
FaxBack:
11562
5/17/91 Bussard to Citizen
guidance on disposal of MW generated during home childbirth
Pages: 2
FaxBack:
11607
7/2/91 Lowrance to Cohen
U.S. Senate
treatment methods for used syringes; no federal regulation of MW for states not participating Pa8"= '
in demonstration program - F?JB,ack:
1 Io23
8/16/91 Lowrance to Grandy
U.S. House of
Representatives
small generators of MW allowed to ship sharps via USPS; USPS requirements for
packaging and identifying MW
.Pages: 3
FaxBack:
11634
11/14/91 Bussard to Spitz
Mnltidyne Mediol Waste no federal regulations prohibiting importation of MW; enactment of legislation'
Management, fcc. implementing the Basel Convention could change status of imported MW
Pages: 2
FaxBack:
11654
-------
PART 259
General
Page 16
120/95
6/12/92 Petniska to Tumbach
Tumbach md Warren, p.c. two-year pilot program has expired, EPA does not currently regulate disposal of MW; USPS ?•&"'• 2
and DOT jurisdiction over mailing and packaging of MW
11/6/92 Wilson to Division of World Health Organization questionnaire on hospital waste management; 24-page overview of MW regulation and **&*-. 25
Environmental Health management in U.S. U709Ck
2/4/93 Lowrance to Heim
City of San Diego Waste containers holding sharps (i.e., syringes and needles) cannot be recycled
Management Dept.
Pages: 2
FaxBack:
11725
10/5/93 Denit to Karter
Resource Recovery EPA to update "Disposal Tips for Home Health Care" to emphasize that containers in which Pa8«: 2
Systems, inc. sharps are disposed cannot be recycled
8/9/94 Bussard . to Honohan
BFI Medical Waste Systems MW not regulated under RCRA unless characteristic or listed; notification and consent for Paees: '
import or export not required for MW under RCRA unless characteristic or listed
11/15/94 Petniska to Citizen
Clean Air Act standards for MW incinerators (New Source Performance Standards and Pa8«: 2
Emissions Guidelines) expected to be proposed 2/95; DOT regulation of MW and materials ff|fg ck:
infectious to animals expected to be effective 10/1/95
-------
PART 260 SUBPART B
Boiler / Industrial Furnace
260.10
Page 17
12/5/95
260
SUBPART B
260.10
Definitions
Boiler / Industrial Furnace
HAZARDOUS WASTE MANAGEMENT SYSTEM
DEFINITIONS
4/21/88 Lowiance to Sinibaldi
Standard Chlorine of DE.
Inc.
gas-fired thermal oxidizer is incinerator subject to Subpart O until finalizatipn of proposed Paees: "n-
BIF rule; at that time gas-fired thermal oxidizer will be industrial furnace subject to Pan 266,
Subpart D BIF standards; EPA adds units to definition of industrial furnace on
case-by-case-basis
6/2/93 Lowrance to Owens
Borden Chemicals and
Plastic
Valorization of Chlorinated Residuals unit is halogen acid furnace (HAF) and thus is Pa8": 6
industrial furnace subject to BIF rules; EPA designates all hazardous material fed to HAFs as ^?*|*ck:
inherently waste-like, since HAFs necessarily destroy toxics in addition to recovering
materials or energy recovery
Container
7/13/89 Lowrance to Ullrich
Region V
portable roll-off boxes satisfy the container definition under §260.10 and may be used as Pa8": 2
satellite accumulation containers as long as quantity limits, time limits, and other conditions
of§262.34(c)aremet
10/30/90 Lowrance to Duprey
Region
generally, used automotive oil filters are not containers because they are designed to filter
particulates from oil, not to store oil; automotive oil filters can not be empty containers
under §261.7 (see also §261.4(bX13))
Pages: 3
FaxBack:
11566
Designated Facility
4/1/85 Gray to Munger
Hawaiian Electric Co.. inc. tank holding but not treating HW prior to off-site transfer is not WWTU but could be
generator accumulation unit; off-site WWTU can only receive HW if qualifies as designated
facility (permitted or interim status); WWTU exemption does not attach to waste removed
from unit
Pages: 4
FaxBack:
11066
-------
PART 260 SUBPART B
Designated Facility
260.10
Page 18
12/5/95
2/24/87 Williams to Sparta
Environmental Technology
Southeast
facilities with exempt WWTUs usually do not qualify as designated facilities and cannot
accept manifested waste from off site; POTW with permit-by-rule is designated facility;
designated facility means facility that is permitted, interim status, or subject to regulations
of§261.6(cX2)
Page.: 2
FaxBack:
11221
Disposal
8/17/83 Skinner to Devine
Region IV
disposal is final step in process of handling HW, in contrast with storage, which is an
on-going process and always implies there will be future management of waste after storage
period is over
Pages: 2
FaxBack:
11029
7/22/87 Williams to Feigner
Region X
in addition to being prohibited as "open burning," burning HW in unlined pit during Tire
training exercise is HW disposal and is illegal unless facility is properly permitted or
qualifies for interim status
Pages: 3
FaxBack:
11267
9/6/88 Lowrance to Magee
D4 DepL of Environmental
Management
firing of ammunition at shooting ranges is not S W disposal; placement on ground is normal
use of ordnance or munitions; interpretation applies to spent cartridges and unexploded
bullets that fall to ground during snooting exercise (see also 9/24/92 letter, Clay to Hair)
Pages: 2
FaxBack:
11368
10/28/88 Weil
to Gabel
Region U
HW removed from disposal units and placed in different land based units during remediation
activities must meet LDR treatment standards for all applicable waste codes
Pages: 1
FaxBack:
11376
6/11/92 Lowrance to Green
Piper and Marbury / excavating and redepositing hazardous soils within AOC during trenching or other
non-RCRA related construction is not generation, treatment, storage, or disposal of HW and
triggers no RCRA requirements, including LDR and generator rules
Pages: 2
FaxBack:
11671
-------
PART 260
Disposal
SUBPART B 260.10
Page 19
12/5/95
4/6/94 Bussard to DuBoff
Winston «nd Stnwn
only activities qualifying as land disposal trigger disposal facility permitting and LDR; thus f»gf*'- 2
disposal unit standards (MTR) and LDR do not apply when HW in inactive unit is removed ff g5?ck:
on one-time basis, treated in situ, capped in place, or moved within AOC
Elementary Neutralization Unit
8/19/86 Lehman to Blackburn
Travenoi Laboratories, inc. END can include series of connected tanks as well as flumes, gutters, pipes, and open
channels that meet expansive definition of tank
Pages: 5
FaxBack:
11173
8/15/90 Lowrance to Hopkins
ORDEQ
exempt ENU can't treat waste that is both corrosive and otherwise hazardous due to listing or Pag«: 4
olher characteristics; some units qualify as both exempt WWTUs and ENUs; HW sludges
removed from ENU are subject to full regulation; F006 sludge can be generated in exempt
ENU
7/21/92 Bussard to Brott
MN Pollution Control
Agency
Region determines whether floor sump that collects HW after point of generation and Pages: l
conveys it to treatment unit is exempt as ancillary equipment connected to WWTU or ENU
Generator
10/11/88 Regas to Guerry
Collier. Shannon, Rill and under EPA's cogenerator policy, either Navy personnel or contractors meeting definition of P»BM: 3
ScM generator may perform Part 262 duties including obtaining EPA ID numbers, signing
manifest certification, packaging waste, keeping records; and reporting
8/10/95 Petruska to Chirigos
Industrial Painters Coalition during LBP abatement, both property owner and contractor may qualify as generators Pag«: 2
responsible for RCRA compliance; cogenerator policy in 45 FR 72024; 10/30/80, applies to
many cases other than those specified inFcderdl Register where waste is generated by more
than one party
-------
PART 260
Incinerator
SUBPART B 260.10
Page 20
12/5/95
Incinerator
9/19/94 McAlister to Sieger
ID Dq*. of Hcakh an4
Welfire
demilitarization and muniUom popping furnaces ire regulated as incineraiors; HW controlled P»B«: 2
flame combustion units most by definition be boilers, industrial furnaces, or incinerators ff J?,*ck:
11873
Individual Generation Site
8/11/88 Lowrance to McGuire
u.s. Dept of Treasury generators are defined both by person and by site; each Bureau of Alcohol, Tobacco, and p«8e»; 4
Firearms (B ATF) field office or storage locker area where explosive material becomes a HW
is an individual generation site requiring its own EPA ID number
12/3/90 Clay
to Hekman
U.S. Navy
both contractor generating HW in repair of Navy ship and Navy owning ship are Pa8«: 5
cogenerators; cogenerators must mutually decide who assumes generator responsibilities;
cogenerators operating at same site normally use same EPA ID number assigned to that site
11/4/94 Shapiro to Johnson
U.S. House of
Representatives
definition of individual generation site; university facilities on separate city blocks or divided Pa8es: 2
by public roads are each individual generation sites; if access between facilities is possible
without traveling along public road, facilities qualify as one site
8/22/95 Petruska to Kuszaj
Ogletree, Keakins, N«sh, two autonomous divisions of same company operating on individual generation site are not p»ses: 2
Smoak A Stewart separate generators; EPA expects each generator site to have one ID number; requests for
multiple ID numbers for one generation site are evaluated on case-by-case basis by region or
state
Oil-site
8/15/89 Barnes
to Bkfcr
Trmi World Airlines, inc. EPA generally issues one EPA ID number to each unique site; on site definition may help Pa8«: 2
in deciding whether facility constitutes more than one site for purposes of assigning ID f"«clc:
numbers (see also 9/83 MRQ )
11456
-------
PART 260
On-slte
SUBPART B . 260.10
Page 21
12/5/95
7/28/93 Petruska to Eggenberger
VS. Detente Lofinic*
Agency
waste remains on site if its movement does not involve traveling along public right of way; p»«ej: 2
waste remains on-site even if movement involves traveling directly across public right of n762Ck:
way. Pan 279 IK) transporter standards do not apply to on-site movement of UO
Representative Sample
12/4/86 Williams to Stringham
Region V
representative sampling of waste piles should entail dividing waste pile into quadrants; each Pa§": 3
quadrant should be sampled using a two-dimensional grid, and a random vertical core sample f?£g,aclc:
collected; references "Petitions to Delist Hazardous Waste" guidance manual
6/22/95 Petruska to Roberts
Maintenance Engineering testing only one spent fluorescent tube to determine if all waste lamps generated at site Pa8«: 2
exhibit characteristics is not representative sampling; selection of randomly chosen bulbs is f f£5?ck:
more appropriate; Chapter 9 of SW-846 provides guidance on developing representative
sampling plans
Sludge
7/10/85 Skinner to Suska
Baltimore City Health Dept. spent activated charcoal or carbon is normally considered a spent material; if part of a
pollution control system, it would be defined as a sludge
Pages: 3
FaxBack:
11089
7/17/85 Skinner to Scarbrough
Region IV
since any pollution abatement technique such as land treatment, disposal, or storage of a Pa8«:'
wastewater will invariably form a sludge, F- and K-listed sludges can be formed in situations f Jjj5fck:
where wastewaters are stored or disposed (i.e., not specifically treated)
3/20/86 Jenkins
to Straus
EPAHQ
any wastewater management inevitably generates wastewater treatment sludges (i.e., P006, P»g«s: 9
K001); to prove that wastewater management has created sludge, need only show that.unit or f ff?9tck:
soil after contact with wastewater is physically or chemically different from virgin unit or
soil
-------
PART 260
Sludge
SUBPART B 260.10
Page 22
12/5/95
4/2/86 Williams to Wassersug
Region in
spent carbon is normally considered a spent material unless it results from pollution control, f*w- 6
in which case it is considered a sludge
1/6/87 Straus to Dufficy
National Association of
Photographic
Manufacturers, Inc.
residue in silver recovery units (including steel wool cartridges, electrolytic recovery cells, p«8es: '2
and ion exchange resins) used to treat photographic wastewater could qualify as sludge; such ??S?nck:
characteristic sludges sent for reclamation are not SW (see also Part 266, Subpart F)
5/5/87 Abrams to Duncan
Compliance Recycling
Industries
filters as well as anionic and cationic ion exchange resins used to remove pollutants from Pases: 8
electroplating rinsewater meet the definition of sludges and are F006, even if not
characteristic
7/28/87 Straus to Schiffman
NJDEP
any residual such as ion exchange canisters from treating electroplating wastewaters for
pollution control meets sludge definition and is F006
Pages: 4
FaxBack:
11269
3/27/89 Bellinger to Jones
Environmental Consulting flue dust generated by air pollution control device in brass mill is characteristic sludge; metal Pases: 2
hydroxide sludge generated in wastewater treatment unit at brass mill is characteristic sludge
8/15/90 Lowrance to Hopkins
ORDEQ
wastewater treatment sludge is any material that precipitates or otherwise is separated from Pa8es: 4
wastewater during treatment; P006 sludge can be generated in exempt ENU
6/10/94 Petruska to Maguire
Maguire and Strickland residues contained in silver recovery units used to treat wastewater would be considered Pas«: 1
Refining, he. sludges; silver recovery units are classified as a sludges if used for pollution control; 1/6/87
letter, Straus to Dufficy reflects current policy
11927
-------
PART 260 SUBPART B 260.10
Sludge
Page 2*
12/5/95
7/21/94 Bussard to Weisjahn
U.S. Filter Recovery
Services, Inc.
sludge definition tied to type of unit in which .waste is generated, not disposition of treated
effluent or intent of processing; act of filtering contaminants from wastewater is pollution
control and generates sludge, even if intent is to reclaim wastewater for reuse in production
process
Pagei: 2
FaxBack:
11857
10/5/94 Petruska to Dufficy
National Association of
Photographic
Manufacturers, Inc.
materials generated from wastewater treatment are sludges, even if treatment is not
undertaken to meet federal, state, or local discharge requirements; if silver recovery unit used
to treat wastewater qualifies as a characteristic sludge, it is not a SW when reclaimed
Pages: 6
FaxBack:
11879
12/20/94 Petruska to Monz
Updike, Kelly & Spellacy.
PC
baghouse dust (sludge exhibiting characteristic) that is fed to electrolytic metals recovery
process is not SW subject to RCRA Subtitle C regulation; baghouse dust is regulated as
sludge since it is generated from air pollution control facility
Pages: 2
FaxBack:
11933
2/6/95 Shapiro to Perkins
Williams & Anderson
dust collected in air nitration system is not sludge since nitration intended to recover dust,
not control pollution; heating and distillation are considered reclamation processes;
regulatory status of recycled acrylic plastic dust generated from plastic media blasting
Pages: 3
FaxBack:
11937
6/30/95 Bussard to Crim
Miller. Canfleld. Paddock
and Stone, P.L.C.
although dewatering is a form of reclamation, dried metal hydroxide solids in pellet powder
from dewatering of electroplating wastewater meet sludge definition (and are F006);
interpretation applies even if sludge sent for further reclamation
Pages: 3
FaxBack:
11910
8/4/95 Pemiska to Thompson
Eastman Kodak Co.
silver recovery units used to treat photo processing wastewaters are characteristic sludges and Pa«es:
are not SW when destined for reclamation; interpretation applies regardless of whether sludge
is produced as result of required or voluntary wastewater treatment
8/10/95 Petruska to McCoy
CPICorp.
used silver-bearing photo fixer destined for reclamation is spent material and SW; silver
recovery units destined for reclamation are characteristic sludges and not S W (see also 8/4/95
letter, Petruska to Thompson)
Pages: 2
FaxBack:
11914
-------
PART 260
Storage
SUBPART B 260.10
Page 24
12/5/95
Storage
8/17/83 Skinner to Devine
Region IV
storage is on-going process and always implies there will be future management of waste
after storage period is over, disposal is final step in process of handling HW
Pages: 2
FaxBack:
11029
3/27/89 Straus to Johnson
SAFCO Environmental HW fuel blending tanks are subject to storage regulations (not exempt recycling units);
Pages: 2
federal regulations do not specify an allowable holding time before off-loading a shipment of F?5B,*ck:
HW into the recycling process; some states may allow up to 24 hours before a storage
permit is required
Totally Enclosed Treatment Unit
3/3/81 Meissen to Lindsey
EPAHQ
totally enclosed treatment unit (TETU) limited to tanks, pipes, tank-like equipment;
Pages: 10
exemption applies to unit, not effluent from TETU; TETU must be completely contained, f?A|!gack:
present no potential for escape of constituents, and must be directly connected to industrial
process
7/10/81 Lindsey to Noles
Triangle Resources
Industries
totally enclosed treatment unit must preclude possibility of escape of hazardous constituents, Paees: 2
even in cases of human or equipment failure; drum or container which could leak through
overfilling does not qualify as totally enclosed treatment unit
8/19/86 Lehman to Blackburn
Tnvenoi Laboratories, be. treatment unit consisting of an open channel within an enclosed building is not eligible for p»g«: 5
totally enclosed treatment unit exemption FaxBack:
11173
3/20/89 Lowrance to Elliott
ZerpolCorp.
"zero discharge" wastewater treatment system that returns all treated water to production Pages: 3
process does not automatically qualify as totally enclosed treatment unit (TETU); wastewater ?™5*ck:
treatment system using open tanks and not restricting escape of contaminant to air is not '''""
TETU
11408
-------
PART 260 SUBPART B 260.10
Transportation
Page 25
12/5/95
Transportation
4/30/86 Williams to Seraydarian
Region DC
since §260.10 definition of transportation does not include pipeline transport. Part 263 p»8": 3
regulations do not apply to pipeline movement of HW; pipeline transport of HW is not ***J"ck:
forbidden by RCRA; CERCLA and RCRA cleanup authorities may apply to HW pipeline
facilities
Treatment
7/10/81 Lindsey to Noles
Triangle Resources
Industries
solidifying liquid HW by pouring it into a container already containing inert sorbents is HW Pa8ej: 2
treatment (amended by §264.1(g)(10))
7/28/81 Lehman to Johnson
oa-Dri Corp. of America use of absorbents for spill control not regulated as treatment due to §264.1 (g)(8) immediate Pa§«: 2
response exemption; use of absorbents to solidify HW in other contexts is regulated
treatment (SUPERCEDED: see §264.1(g)(10))
1/23/85 Homer to Citizen
owner of waste, sample collector, and laboratory may be generator of lab samples; testing to Pa8": 5
identify the composition or characteristics of a sample is not treatment; waste is excluded
from Subtitle C regulation if it meets sample provisions of §261.4(d)
8/19/86 Lehman to Blackburn
Travenol Laboratories, he. pouring characteristic HW into industrial sewer drain pipe in which HW mixes with
wastewaters is not HW treatment because dilution is incidental to drain pipe's primary
purpose of conveyance .
Pages: 5
FaxBack:
11173
12/2/86 Straus to Hayes
Hogan and Hanson
reclamation of spent solvents at generator facilities is HW treatment, but is exempt from Pl«ei: 3
regulation under §261. 6(c); spent solvents are subject to generator accumulation regulations
prior to reclamation
-------
PART 260
Treatment
SUBPART B 260.10
Page 26
12/5/95
8/19/87 Williams to Manthey
sw incorporation combining different HW in same tank truck for transport purposes is not regulated as HW p«8es: 3
treatment ml***'
11/30/87 Porter to McGuire U.S. Dept. of Treasury detonation of reactive (D003) waste is considered a form of thermal treatment
Page$: 2
FaxBack:
11305
8/11/88 Lowrance to McGuire
U.S. Dept. of Treasury
destruction of explosive wastes by OB/OD is thermal treatment that must be conducted at Paees: 4
TSDF in compliance with Parts 264,265, and 270; if destruction conducted under court order f f J5?ck:
or direction of U.S. Attorney's office, RCRA not automatically waived
9/1/88 Lowrance to Whitman
SWInc.
Region is in best position to determine if depressurizing aerosol cans meets definition of Pa8cs; 2
treatment
3/10/89 Barnes to Cothern
U.S. Dept of Air Force solidification or stabilization of HW with concrete is HW treatment and may trigger
permitting requirements
Pages: 3
FaxBack:
11403
3/31/89 Lowrance to Williams
Defense Logistics Agency whether venting and/or puncturing aerosol cans constitutes treatment per §260.10 is under Pages: 2
review; in meantime, consult Regional guidance or take conservative approach that it does
.constitute treatment
4/14/89 Dellinger to Rovers
CT. Male Associates, p.c. volatilization qualifies as treatment under §260.10 definition
Pages: 2
FaxBack:
11418
-------
PART 260 SUBPART B 260.10
Treatment '
Page 27
12/5/95
4/19/89 Dellinger to Pendleton
K.A. Pendleton Co.. Inc.
stabilizing P006 compounds prior to thermal drying is HW treatment; permit not needed if P"*"1 >
unit is exempt under §270.1(c)(2) or if treatment occurs in generator accumulation units in f?55>ck:
compliance with §262.34; permit is required if thermal treatment of HW is involved
4/26/89 Lowrance
to HW Management
Division Directors
Regioni I-X
sham recycling is actually type of HW treatment called recycling in attempt to evade
regulation; criteria to be used in deciding whether processing of secondary material is
legitimate recycling or sham recycling and regulated HW treatment
Pages: 5
FaxBack:
11426
9/12/89 Petruska to Citizen
puncturing, shredding, or crushing non-empty aerosol cans may meet definition of HW
treatment; appropriate EPA Region or authorized state is in the best position to make this
determination
Pages: 1
FaxBack:
11466
3/1/90 Lowrance to Jaekels
GSX Government Services, bulking or consolidating HW shipments for transportation purposes may not be treatment paB«: 2
Inc- subject to permitting; mixing different HW to produce fuel is regulated fuel blending subject Ff j5fck:
to permitting; implementing agency ultimately decides if activity is or is not regulated HW
treatment
5/21/91 Lowrance to Nowak
Compacting Technologies compacting HW in steel drum is generally treatment if it changes physical, chemical,
International biological character or composition of waste or reduces it in volume; compacting in
generator accumulation containers would not require permit
Pages: 2
FaxBack:
11609
6/21/91 Lowrance to Constantelos
Safety-Kleen
deliberate mixing of HW and absorbents to render waste nonhazardous may be treatment
subject to permitting (see also §§264.1(g)(10)) and 268.3)
Pages: 3
FaxBack:
11619
6/11/92 Lowrance to Green
Piper nd Marbury excavating and redepositing hazardous soils within AOC during trenching or other ?•§«»= 2
non-RCRA related construction is not generation, treatment, storage, or disposal of HW and
triggers no requirements, including LDR and generator rules .
-------
PART 260
Treatment
SUBPART B 260.10
Page 28
12/5/95
6/24/92 Bussard to Nash
Attorney at Law
whether the processing of aerosol cans constitutes treatment or recycling is a determination
made by each Region on a case-by-case basis n674*ek:
9/4/92 Lowrance to MacBeth
Sidley and Austin
mixing sawdust with HW prior to incineration is part of incineration treatment train and is p»g«: 2
generally considered regulated treatment
11/5/92 Lowrance to Northup
Convenient Automotive
Services, Inc.
UO and mineral spirits mixture is UO if mixture is not ignitable; tank in which UO and Pa§«: 2
ignitable HW are mixed is subject to Part 279 and §262.34; tank must be labeled with words
"used oil"; mixing may be treatment (see also 60 FR 55202; 10/30/95 )
4/30/93 Lowrance to Dodgion
NV Dept. of Conservation recycling is normally considered a form of HW treatment that is exempt from regulation
and Natural Resources
Pages: 2
FaxBack:
11745
4/6/94 Bussard to DuBoff
Winston and Strawn
remediation activities involving HW treatment, including in situ treatment, trigger
Pages: 2
permitting of unit; whether particular type of in situ stabilization is treatment is site-specific F?£5?ck:
determination; movement of wastes within AOC may not be disposal, but could be regulated
treatment
6/3/94 Shapiro to Kastner
Bryan Cave
removing contaminants from an intact building is waste generation, not treatment
Pages: 2
FaxBack:
11841
10/7/94 Shapiro to Trafton
Recovery Express processing (cutting/chopping, shredding, grinding) of LBP waste is treatment; processing of p»«": 2
LBP waste not subject to regulation if part of legitimate recycling; storage of LBP before or f ?5Bnck:
after exempt processing is regulated; recycling is exempt form of HW treatment
11880
-------
PART 260
Treatment
SUBPART B 260.10
Page 29
12/5/95
11/8/94 Shapiro to Kotlinski
CleanHarbors
Environmental Services,
Inc.
if gravity separates HW fuel into aqueous and organic phases during storage, mixing phases p»«ej: 4
together again is not treatment; decanting two phases or portions of fuel is treatment;
as-generated heating value of fuels no longer affects legality of blending them prior to
burning in BIFs
Wastewater Treatment Unit
7/31/81 Lehman to Boynton
EPAHQ
off site facility can be WWTU if it is a designated facility; actual permit or effluent limit not Pa«es: 2
needed for discharge to be subject to CWA; WW does not include concentrated chemicals or
nonaqueous waste (e.g. presses, filters, and sumps) are WWTUs
™
5/22/84 White
to Josephs
Region II
tanks that produce no effluent as direct result of CWA requirements (i.e., zero dischargers) p»g«: 3
can qualify as exempt WWTUs f?A5?ek:
11U JO
6/27/84 Skinner to Huebner
Region I
state or Region must determine applicability of WWTU definition to G W treatment tank; no Pa8« 3
EPA definition of wastewater for purposes of WWTU exemption (see also 2/11/91, letter
Lowrance to Mahoney and 6/2/93, letter Lowrance to Phillips)
7/19/84 Gray
to White
EPAHQ
if tank treats wastewater to comply with POTW pretreatment requirements, tank is "subject" pa«es: 2
to §307(b) of CWA and eligible for WWTU exemption even if treated wastewater is actually ??„?,? ck:
delivered to POTW by truck
9/7/84 White to Reuter
IN Division of Land
Pollution Control
states or Regions determine applicability of WWTU exemption to leachate treatment tank; Pa8«: 1
no EPA definition of wastewater for purposes of WWTU exemption (see also 2/11/91 letter, F«*Back:
Lowrance to Mahoney and 6/2/93 letter, Lowrance to Phillips )
-------
PART 260 SUBPART B 260.10
Wastewater Treatment Unit
Page 30
12/5/95
9/10/84 White
to Horwitz
Region ID
sues or Regions determine applicability of WWTU exemption to leachate treatment tank; p«Re«: '
no EPA definkion of w«aie*«ter for purposes of WWTU exemption (see also 2/11/91 letter,
Lowrance 10 Mahoney and fi/Z/93 letter. Lowrance to Phillips)
12/26/84 Skinner to Scarbrough
Region IV
WWTU definition does not require tanks at facility to be connected; wastewater can be piped, Pases: 4
trucked, otherwise conveyed between components of WWTU noso"*'
4/1/85 Gray
to Munger
Hawaiian Electric Co.. inc. tank holding but not treating HW prior to off-site transfer is not WWTU but could be
generator accumulation unit; off-site WWTU can only receive HW if it is a designated
facility (permitted or interim status facility); WWTU exemption does not attach to waste
removed from unit
Pages: 4
FaxBack:
11066
12/24/85 Williams to Davis
Region VI
for purposes of WWTU exemption, tanks can include sumps, presses, filters, sludge dryers, Pages: 2
or other equipment; sludge dryer can be exempt WWTU, although HW sludges removed from ft??g"clc:
dryer are subject to full regulation
2/25/86 Williams to Volz
McKenna, Conner and sumps that meet definition of tank can be exempt WWTUs; surface impoundments holding Pages: 3
Cuneo HW are not WWTUs and are always regulated
3/12/86 Porter
to Philipp
Water Management, inc. for purposes of WWTU exemption, tanks can include sumps, presses, filters, sludge dryers, P«8C!: 3
or other equipment; RCRA does not regulate volatilization from exempt WWTUs; sludge ft?5?ck:
dryer unit with no CWA discharge can be WWTU if attached to other tanks with CWA
discharge
8/19/86 Lehman to Blackburn
Travenrf Laboratories, inc. WWTU can include series of connected tanks, flumes, gutters, pipes, and open channels are p"8e>: 5
defined tanks; wastewater for purposes of WWTU is water with a few percent contaminants f"?,*ck:
(SUPERCEDED: see 2/11/91 letter, Lowrance to Mahoney and 6/2/93 letter, Lowrance to
Phillips)
11173
-------
PART 260 SUBPART B 260.10
Wastewater Treatment Unit
Page 31
12/5/95
2/24/87 Williams to Sparta
Environmental Technology facilities with exempt WWTUs usually do not qualify as designated facilities and cannot P»w- 2
accept manifested off-site waste; POTW with permit-by-mle is designated facility; designated
facility means a facility that is permitted, interim status, or subject to §261.6(c)(2)
10/27/88 Lowrance to Wagoner
Region VII
tanks with no discharge because effluent is recycled or otherwise handled can't qualify as Pa8": 3
WWTUs; tanks that have eliminated discharge of effluent as direct result of CWA rules and £»*B§ck:
limits (zero dischargers) can qualify as WWTUs
11374
11/2/88 Lowrance to Taritas
Environmental Technology §262.34 unit permit exemption not relevant to WWTUs, which are already exempt (see also p»8es: 3
2/95 MRQ); for WWTU exemption, WW is <1%TOC and less than 1%TSS
(SUPERCEDED: see also 2/11/91 letter, Lowrance to Mahoney and 6/2/93 letter, Lowrance
to Phillips )
3/20/89 Lowrance to Elliot
Zerpol Corp.
"zero discharge" wastewater system must have NPDES permit, applicable effluent guideline, Pa8e»= 3
or pretreatment standard specifying zero discharge to qualify as WWTU; zero discharge
system returning all treated water to production avoids CWA rules but is not WWTU
6/1/90 Bussard to Mulligan
Chemical Manufacturers WWTU applicability to connected tanks located at different properties; tanks at different
Association facilities that ultimately discharge to same CWA outfall can all qualify as WWTUs if each
facility or tank and its effluent is identified or controlled by NPDES permit or other CWA
effluent limit
Pa§es: 4
8/15/90 Lowrance to Hopkins
ORDEQ
EPA definition of wastewater pertains only to LDR; containers cannot be exempt WWTUs; p"8es: 4
tank holding HW prior to off-site disposal not WWTU; HW sludges removed from WWTU
are subject to full regulation; some units can be both exempt WWTUs and ENUs
9/20/90 Lowrance to Fox
Heritage
ROT
tank treating or storing either wastewater or wastewater treatment sludge can be WWTU;
j^ treating HW from off site can be WWTU but facility must be designated facility to
accept manifested HW; only tanks and ancillary equipment can be WWTUs
Page*: 9
FaxBack:
11561
-------
PART 260 SUBPART B 260.10
Wastewater Treatment Unit
Page 32
12/5/95
2/11/91 Lowrance to Mahoney
Heritage Environmenul
Services, Inc.
states and Regions determine what is wastewater for purposes of WWTU exemption, since P»8es: 2
EPA has not defined term; authorized states' interpretations of WWTU definition and other ff
-------
PART 260
SUBPART B 260.11
Page 33
12/5/95
260.11
Test Methods / References
10/12/93 Fordham to Schrader
Milkaps CoUege
clarification on performance of PFT; PFT designed to verify that sorted wastes do not p»g«
contain free liquids for purpose of HW landfill regulations; PFT not designed to evaluate
performance of one absorbent relative to other sorbents
SUBPART C RULEMAKING PETITIONS
260.20
General
4/21/88 Lowrance to Sinibaldi
Standard Chlorine of DE. persons may petition EPA to add new types of units to industrial furnace definition; Dow Pa8es: 22
Inc- . Chemical's petition caused EPA to include halogen acid furnaces (HAFs) to industrial furnace
definition
11342
260.22
Dclisting
4/3/84 Skinner to Hazardous Waste Region l-x
Permit Branch Chiefs
Appendix VIQ" constituents to be used for petroleum waste delistings and land treatment
permit applications; original "Skinner List" (SUPERCEDED: see 11/94 MRQ)
Pages: 12
FaxBack:
11034
11/13/84 Maid
to Triplet!
Mounuin View Fabricating examples of data necessary for EPA to consider F006 delisting petition; required data include p>g": 3
description of raw material used, manufacturing process, disposal methods, personnel no43 °k:
qualifications, sampling, and constituent analyses
-------
PART 260 SUBPART C 260.22
Page 34
12/5/95
4/29/85 McGraw to Wallop
U.S. Senate
most wastes were listed for toxicity per §261.1 l(a)(3), but presence of constituents) for . Pl8e»: 10
which waste was listed is not the sole criterion for delisting; presence of other constituents
influences delisting determinations
7/15/85 Maid to Ramsey KS Dept. of Health «id
Environment
sampling frequencies and general information (raw materials, production process, constituent p"8«: 2
analyses, volumes etc.) required to characterize new waste stream for delisting petition °k:
10/7/85 Straus
to Fox
Jones, Day, Reavis and
Pogue
delisting decisions must consider all constituents for which waste was originally listed, as
well as additional factors and constituents not involved in original listing; applies to all
listed wastes, including those listed solely for exhibiting a characteristic
Pages: 2
FaxBack:
11106
10/23/85 Porter
to Panicucci
LAN Associate
delisted waste is not subject to RCRA Subtitle C regulation, but generator could still be
liable under CERCLA for damage to the environment; revocation of delisting decision will
not affect status of previously delisted and disposed waste
Pages: 2
FaxBack:
11110
11/14/85 Claussen to Wyatt
Leggett and Plan. Inc.
waste pickle liquor not eligible for delisting if characteristic; petitioners have option of
withdrawing petition rather than having EPA publish denial in Federal Register
Pages: 3
FaxBack:
11112
1/6/86 Williams to Regions
Regions I-X
"temporary" delistings expire 11/8/86; "informal" delislings involve EPA telling petitioner Pa8«: 2
of intent to grant delisting via letter, but never publishing Federal Register notice m ?n ck:
(SUPERCEDED: see 6/17/87 letter, Williams to Regions) mzo
1/7/86 Straus
to Rose
Region VI
delisting criteria include sliding regulatory scale dictating variable consitituent levels Pl8es: 2
depending on volume of waste involved; in delisting waste, EPA considers whether waste ffffi*ck:
contains constituents for which it was originally listed as well as additional constituents and
factors
-------
PART 260 SUBPART C 260.22
Page 35
12/5/95
2/24/86 Williams to Regions
Regions I-X
"temporary" delistings expire 11/8/86; "informal" delistings involve letter telling petitioner
of intent to grant delisting, but never publishing Federal Register notice; informal delistings
not legally effective; units handling informally delisted wastes subject to full regulation
Pages: 2
FaxBack:
11133
3/20/86 Jenkins to Straus
EPAHQ
contaminant concentrations are not relevant to determining whether a waste is F006, K001,
or another listed HW; if waste matches listing description but does not deserve regulation,
delisting or rulemaking is necessary to deregulate waste
Pages: 9
FaxBack:
11139
10/3/89 Scarberry to Cerar
Squires. Sanders and
Dempsey.
EPA will not remove listed waste from regulation based solely on whether or not waste
exhibits TC; in making delisting decisions, EPA considers whether waste meets any of
criteria for which it was originally listed, as well as additional constituents and factors
Pages: 5
FaxBack:
11472
5/24/90 Kayser
to Sherman
U.S. DepL of Army
change in HW treatment process may produce new wastestream not covered by delisting
petition granted in past; as a result, delisting may be reevaluated using new health-based
levels and other current delisting criteria
Pages: 2
FaxBack:
11518
6/14/90 Barnes to Petitioner
notification to petitioners that, after fmalization of TC rule, TCLP data will be required in
all delisting petitions instead of EP data
Pages: 3
FaxBack:
11522
2/12/91 Kayser to Howard
MIDNR
once state is authorized for delisting program, EPA loses authority to delist wastes in that
state and transfers all outstanding petitions to state agency; EPA delisting decisions have no
effect on HW management in state authorized for delistings, unless waste leaves state
Pages: 3
FaxBack:
11583
12/20/91 Lowrance to Citizen
EPA not required to hold public hearing on delisting petitions; as of 1991, EPA has never P»g«: 3
held delisting hearings; proposed delistings must be published in Federal Register, EPA does
not designate specific disposal sites for delisted wastes, but assumes disposal in unlined SW
landfill
-------
PART 260
SUBPART C 260.22
Page 36
12/5195
12/30/91 Chaudhari to Bates
XENIUM Fiberglass Corp. delisting process generally takes two years; at minimum, delisting petition requires sampling Pages: 8
plan, selection of constituents of concern, and analysis of total and teachable constituent f?5B.*ck:
. 11 Go 1
concentrations
3/22/94 Shapiro to Nebrich
Wane Technology Services, when evaluating delistings (i.e., delistings for wastes listed solely for characteristics), EPA Pages: 2
bic- may evaluate additional constituents or factors other than those for which waste was
originally listed; similar logic applies to soils containing wastes listed solely for
characteristics
260.30 & 260.31
Variances From Solid Waste Classification
10/29/85 Straus to Norwood
Olin Chemicals
spent alkaline etchant that is reclaimed and then used as feedstock in manufacture of new Pages: 2
etchant not eligible for variance from SW definition; after reclamation, etchant destined for f n?.ack:
use as raw material to produce new etchant is no longer SW and not subject to regulation
4/6/88 Lowrance to Grant
Tomar Services, Inc.
smelting wastewater treatment sludges to recover metals is reclamation; listed sludges that Pages: 8
have been dried and are destined for further reclamation (smelting) are partially reclaimed and Fa*Back:
are SW, unless variance from SW definition for, partially-reclaimed materials is obtained
8/26/88 Lowrance
to Waste Management Region I-X
Division Directors
lead plates and "groups" removed from lead acid batteries at smelting facilities that are Pages: 27
awaiting further reclamation in smelter are generally SW; such partially-reclaimed lead plates
at smelters are eligible for variance from SW definition
11364
10/18/90 Petruska to Docket
EPAHQ
variances from the definition of SW are evaluated on a case-by-case basis; vast majority of p»g": 3
used refrigerants destined for reclamation would not qualify for a variance from the definition FaxBack:
of SW (SUPERCEDED: see §261.4(b)(12)) 'l565
-------
PART 260 SUBPART C 260.30 & 260.31 P??««3«7
\ujrfj
2/13/91 Lowrance to Ploch cr DEP used batteries that are partially reclaimed but need further reclamation are generally SW; *•««* 3
facilities may use variance procedures to claim that partially reclaimed batteries are not SW
6/30/95 Bussaid to Crim MiDw. Canfieid. Paddock smelting F006 sludge to recover metals is reclamation, not direct use or reuse; sludge is S W P«B«: 3
and Stone, P.LC. and HW prior to reclamation unless variance from definition of SW for partially-reclaimed
wastes needing further reclamation is obtained (§260.30(c))
-------
PART 261
GENERAL
Active Management
Page 38
12/4/95
261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
GENERAL WASTE IDENTIFICATION AND APPLICABILITY ISSUES
Active Management
8/17/83 Skinner to Devine
Region IV
if placement of HW in land-based units prior to 11/19/80 constitutes storage, which implies Pa§«: 2
future management, facility is subject to interim status; if HW was placed in units prior to
11/19/80 for Final disposal, facility never subject to RCRA Subtitle C
1/23/86 Williams to Stringham
Region V
lake or harbor sediments contaminated by an exempt point source discharge are subject to Pa8es: 9
RCRA only when excavated or dredged and if they exhibit a characteristic; sediments
contaminated by illegal discharge and excavated could be regulated as listed via contained-in
policy
10/28/88 Weil
to Gabel
Region II
HW removed from disposal units and placed in different land-based units during remediation Paees:
activities must meet Pan 268 LDR treatment standards for all applicable waste codes
6/26/89 Cannon to Simon
RI Division of Family Health if contaminated soil is removed from a site, generator must determine if soil contains HW by Pages: 3
testing and/or applying knowledge; in absence of specific cleanup order, soil left in place is
not subject to RCRA Subtitle C requirements, including testing
8/11/89 Lowrance to Constantelos
Region V
sediments contaminated as result of legal CWA discharges to surface waters are only subject Pa8es: '
to RCRA Subtitle C regulation if they exhibit characteristics and if they are excavated
-------
PART 261
GENERAL Active Management
Page 39
12/4/95
6/11/92 Lowrance to Green
Piper ml Muteiy excavBting «J itdcpositing hazardous soils within AOC during trenching or other p"8": 2
non-RCRA reUtcd construction b not generation, treatment, storage, or disposal of HW and
nsjoiiwncntt, inchiong LDR and generator rales
4/6/94 Bussard to DuBoff
Wintton md Slnwn
anils that became inactive prior to effective date of applicable RCRA rules not subject to
Subtitle C unless wastes actively managed within unit; one-time removal of waste from
such units not active management; units may be subject to RCRA cleanup as SWMUs or
under §7003
Pages: 2
FaxBack:
11826
3/7/95 Friedman to Hill
Region I
covering soil containing HW with sod, mulch, or gravel does not constitute generation,
treatment, or disposal of HW and triggers no Subtitle C obligations
Pages: 6
FaxBack:
11898
Point Of Generation
7/17/85 Skinner to Scarbrough
Region IV
since any pollution abatement technique such as land treatment, disposal, or storage of a Pa8es: '
wastewater will invariably form a sludge, F- and K-listed sludges can be formed in situations F**8*ck:
where wastewaters are stored or disposed (i.e., not specifically treated)
7/15/86 Straus to Harvey
Occupational Medical
Services
vapors from degreasing operations using Freon 113, TCE, and methylene chloride are not p«8": 2
SW until adsorbed into carbon (vapors are not contained gases); therefore, F002 listing does Ff ?£?ck:
not apply and spent carbon canister is not HW via mixture rule, although it could be
characteristic
5/20/87 Straus to Russell
Ruitel Resources. Inc.
pickle liquor destined for reclamation becomes spent material (and SW and HW) as soon as it p»8«: 5
is removed from pickling line ?!JB1?ck:
IIZMJ
-------
PART 261
GENERAL Point of Generation
Page 40
12/4/95
7/30/87 Williams to Feigner
Region X
each ATON unit service area (landbased or tender vehicle) is a point of generation subject to P»ges: 9
applicable generator standards; satellite accumulation area provisions do not apply to ATON f «g«ck:
service locations (see also FFC A)
11270
8/11/88 Lowrance to McGuire
U.S. Dept. of Treasury
explosive materials stored as legal evidence by court cr Bureau of Alcohol, Tobacco, and Pages: 4
Firearms (BATF) becomes waste (i.e., is generated) when court or BATF no longer has use
for the explosives as evidence
4/21/89 Lowrance to Axtell
Smith and Schnacke
HW is considered generated when it is first produced or first becomes subject to regulation, p»8": 2
not when generator first analyzes waste; failure to properly analyze, label, and accumulate
waste does not exempt waste from regulation
3/8/91 Lowrance to Leopold
Region VI
TC sludges generated in surface impoundments receiving nonhazardous influent are SW and Paees: 6
HW; regulations apply not only when surface impoundment is cleaned or closed, but as soon F?5g8ack:
as sludge is generated (sludges are generated at moment of deposition at bottom of unit)
5/16/91 Lowrance to Schulz
Pharmaceutical Services,
Inc.
unused Pharmaceuticals returned to manufacturer (reverse distribution system) are not yet
discarded because decision has not been made whether they are to be reused, reclaimed, or
approriately disposed; returned products are not SW until decision has been made to discard
Pages: 2
FaxBack:
11606
7/31/91 Lowrance to Wallace
Region
pulp and paper mill wastes should be sampled at outlet from bleach plant (point of
generation), prior to commingling (mixing) with other wastestreams, to determine whether
they exhibit the TC for chloroform, D022
Pages: 7
FaxBack:
11631
2/23/93 Lowrance to Redington
Monsanto Co.
clarification of phrases "at or near point of generation" and "under control of operator..."
Pages: 3
FaxBack:
11728
-------
PART 261
GENERAL
Point of Generation
Page 41
12/4/95
8/5/94 Shapiro to Donovan
The Uw offices of Jones ships destined for scrap, their structure, and necessary on-board operating materials are not
and Donovan discarded or wastes while vessels remain intact because those materials continue to serve a
useful purpose; removal of material intended for discard from ship's structure is point of
generation
Pagei: 13
FaxBack:
11862
9/28/94 Bussard to Green
Applied Environmental
Services, Inc.
mercury switches are considered spent as soon as removed from service, not when sent from ?*&*•• 2
field location to central evaluation point (unlike CCPs); mercury switch sent for further use
as a relay or switch is continued use of product, thus never becomes a S W; generator's
responsibility to make this decision
3/8/95 Shapiro to Richter
American Foundry-men's
Society
foundry sands normally become wastes when sand mold is broken at "shakeout table" and
sand is separated from metal castings (molded metal products); if sand is destined for
reclamation rather than direct reuse, sand is spent material and SW from this point forward
p»g«: 10
3/22/95 Laws
to Administrators
Regions I-X
ash from waste-to-energy facilities burning MSW must be evaluated for characteristics at P«8M: 6
point ash leaves resource recovery facility making mixing of bottom and fly ash prior to HW
determination impossible in some cases
10/19/95 Kidwell to Lively
TDJ Group. Inc.
paniculate emissions from foundry production unit are not SW until collected in and
removed from baghouse; if emissions derive from waste management, paniculate may be
SW triggering RCRA Subtitle C prior to collection in baghouse
.Pages: 2
FaxBack:
11921
SUBPART A GENERAL
261.2 Does Not Anolv To Nonhazardoua Materials
2/13/85 Skinner to Merrigan
Madison industries, inc. only those secondary materials that are hazardous (i.e., listed or characteristic) are subject to Pa8es: 3
RCRA Subtitle C regulation; nonhazardous scrap metal is not subject to Subtitle C
regulation . .
-------
PART 261
SUBPART A 261.l(b)
p«ge 42
12/4/95
3/21/85 McGraw to Baucus
U.S. Senate
EPA's authority to regulate recycled materials is limited solely to those materials that are
hazardous (i.e., that are listed or characteristic); definition of SW rules do not apply to
nonhazardous materials (e.g., nonhazardous scrap, paper, textiles, and rubber)
P»ges: 3
ffxBack:
1IO02
5/9/85 McGraw to Seiberling vs. House of
Representatives
HW recycling regulations do not apply to materials (such as nonhazardous scrap, paper,
textiles, or rubber) that are not otherwise HW and that are recycled
Pages: 4
FaxBack:
11074
261.He)
Definitions Of Terms
Rv-nrndiict / Co-nroduct
6/6/85 Straus
to Bzura
Madison industries. Inc. brass dross skimmings are by-products, not scrap metal
Pages: 3
FaxBack:
11083
8/13/85 Straus to Gowen
TX Instruments, Inc.
solder drosses are by-products; spent material v. by-product; examples of spent materials are Pages: 2
spent solvents, spent acids, spent pickle liquor, spent catalysts, and spent lead-acid batteries; ff?o,ack:
examples of by-products are distillation residues, slags, dross, and tank bottoms
6/25/87 Straus to Martin
Preservation Products, inc. co-product v. by-product; co-products are not SW; co-products are produced intentionally and Pa8«: 7
ordinarily used in existing state as commodities; hydrochloric acid produced from hydrogen F«Back:
chloride gas in manufacture of PCP is a co-product, not F021
10/16/87 Williams to Retallick
DE Dept of Natural
Resources and
Environmental Control
thermal oxidation and hydrodechlorination are considered reclamation activities; distillation P»ge«: 4
bottoms ("polychlor material") from the production of chlorinated benzenes are by-products
(see also 4/21/88 letter, Lowrance to Sinibaldi)
11297
-------
PART 261 SUBPART A 261.l(c)
By-product / Co-product
Page 43
12/4/95
4/21/88 Lowrance to Sinibaldi
Standard chlorine of DE, distillation or fractionation column bottoms from production of chlorobenzene (K08S) are P*w- 22
Inc- by-products; by-product v. co-product; although bottoms may have economic value, if they
must be further processed before use, they can't be co-products
11342
6/6/88 Barnes
to Tribble
American Cyanamid Co. whether spent sulfuric acid is considered a spent material, co-product, or by-product, is Pa8«: 9
dependent on how it is recycled; used sulfuric acid produced by sulfonation, alkylation, and
dehydration reactions may be regulated as by-product or co-product, rather than spent material
2/7/89 Lowrance to Gallaher
Allied Aircraft Sales, inc. aluminum dross is a by-product; if the use of dross in the manufacture of cement yields
distinct components as separate end products, it is considered reclamation
Pages: 4
FaxBack:
11395
4/2/89 Dellinger to Truitt
Schmeltzer, Aptaker and particles of chrome-coated zinc and charcoal from metal galvanizing are by-products;
Sheppard, P.c dewatering is reclamation
Pages: 2
FaxBack:
11415
4/5/89 Barnes to Bzura
Old Bridge Chemicals
"drove" generated by the brass industry is neither spent material nor sludge (provided it is Pages: 2
not derived from a pollution control device), but rather co-product or a by-product; some j1**8^ ck:
components of drove may meet definition of scrap metal
7/20/89 Kidwell to Douglas
Bectram Recovery Worki, solder skimmings are by-products, not scrap metal; regulatory definition of scrap metal is Pases: 2
Jne- not based on the value of the material or the process by which it is reclaimed, but rather on
the material's physical appearance and previous use
9/20/90 Lowrance to Fox
Heritage lank bottoms from fuel storage are CCPs and not SW when used in fuels; tank bottoms ?*&"• 9
Remediarion/Engineering, frorn refining process units are by-products and S W when destined for use in fuels; refinery
by-product destined for use in lubricant is SW only if listed HW
-------
PART 261 SUBPART A 261.l(c)
By-product / Co-product
Page 44
12/4/95
12/5/90 Bussaid to Wright
Btthgate, Wegener,.
Wouters, and Newmahn
solder skimmings are by-products, not scrap metal; EPA considers solder skimmings to be f»w- 2
more closely identified with the term "drosses" than the term "turnings" •ck:
3/19/91 Bussard to Pierson
U.s. Dept of Justice
by-product v. spent material (solder dross skimmings); description of how "drosses" are
typically generated (SUPERCEDED: see 8/28/92 letter, Guimond to Vaille)
p»8e*: 2
6/21/91 Bussard to Pierson
Assistant U.S. Attorney by-product v. spent material; solder skimmings "drosses" are classified either as by-products ?«§*»: 3
or spent materials depending on how they are generated; EPA further studying issue (see also
8/28/92 letter, Guimond to Vaille)
11/27/91 Clay
to Stanga
American Electronics
Association
until further study is completed, EPA will continue to treat solder drosses generated by Pa8es- 3
soldering printed circuit boards as by-products, rather than spent materials (see also 8/28/92
letter, Guimond to Vaille)
12/3/91 Clay
to Krajewski
Beveridge and Diamond clarification that 11/27/91 letter, Clay to Stanga applied only to solder dross from printed Pa8«: '
circuit board manufacturing; status of solder dross from other industries remains as stated in f ?
-------
PART 261 SUBPART A
By-product / Co-product
261.l(c)
Page 45
12/4/95
8/28/92 Guimond to Vaille
Region DC
all solder dross (skimmings) qualify as by-products
Piges: I
FaxBack:
11691
6/2/93 Denit
to Chambers
McKenna and Cuneo by-product v. co-product; material that must be further processed is considered a by-product; Pa8«: 2
disulfide oil used in the manufacture of sulfuric acid is a by-product, and not a SW when
reclaimed
8/4/93 Petruska to Farmer
Region W
plastic chips from spent lead-acid batteries are spent materials, not by-products; EPA has Pa8«: 3
viewed by-product category as a catch-all including most materials that aren't spent materials f f??,* ck:
or sludges; category may include materials that aren't generated from production processes
11/4/93 Weddle to Ferguson
TX Natural Resource light hydrocarbon wastestreams generated in production of a primary product may be either Pages: 3
Conservation Commission by-product or co-product, depending on site-specific factors; factors relevant in determining ^fjSL80^
whether a material is a product or a waste; discussion of clean fuels
11/10/93 Petruska to Lambert
Westvaco Corp.
light hydrocarbon wastestreams generated in the production of a primary product that are used Pa§es: 5
as fuel enhancers may be either by-products or co-products, depending on site-specific factors
(see also 11/4/93 letter, Weddle to Ferguson)
11/10/93 Petruska to Robinson
Catalyst Resources, inc. classification of toluene and hexane steam fuel additive as a by-product v. co-product (see P"8M: 5
also 11/4/93 letter, Weddle to Ferguson); regulatory status of clean fuels
11/10/93 Petruska to Stillmun
FMCCorp.
regulatory status of quench hexane used as a commercial gasoline blending additive; p«8«: 5
regulation of fuels containing recovered light hydrocarbons as products or wastes (see also f "Br?ck:
11/4/93 letter, Weddle to Ferguson)
-------
PART 261 SUBPART A 261.l(c)
By-product / Co-product
Page 46
12/4/95
1/31/95 Shapiro to Gelber
Commercial Chemical Products
U.S. Deptof Junice
distillate material (LX-830) derived from petroleum and coal tar naptha feedstocks meets the p»8": 3
definition of co-product (i.e. not a SW or HW); product specification and management of
LX-830 are determining factors in classifying the material as a co-product, rather than a
by-product
3/19/86 Williams to Citizen
mixtures of gas and water or oil and water are not regulated when reclaimed to produce fuels Pa8": 6
because they are considered off-specification CCPs normally used as fuels; virgin gas
incinerated to recover energy is not SW since gas is typically bumed as a fuel
6/14/91 Clay
to Buchman
Conoco, Inc.
mixture of petroleum fuel product and water is off-specification CCP and not SW when
destined for reclamation; if mixture is result of intentional mixing or purposeful
nonseparation of product and hazardous wastewater to avoid regulation, mixture may be SW
Pa8es: 6
Reclamation
7/16/85 Skinner to Seraydarian Region K
spent pickle liquor (K062) is spent material and SW when sent for reclamation; recovery of Paees: 2
ferrous chloride from spent pickle liquor is reclamation; fact that waste may be beneficially
used after reclamation does not affect its status as SW before and while being reclaimed
12/4/86 Williams to Stringham
Region V
processing (briquetting, crushing, repackaging) refractory bricks does not recover material ' Pa«e': 3
values and so is not reclamation; bricks processed in this manner may still qualify for direct
reuse exemption; if direct reuse exemption applies, status as spent material or by-product
irrelevant •
7/31/87 Williams to Kertchef
Region V
briquetting is not reclamation, even when briquetting includes the addition of binding
material (e.g., flue dust briquetted with sodium silicate binder)
Pages: 4
FwBtck:
11271
-------
PART 261
Reclamation
SUBPART A 261.l(c)
Page 47
12/4/95
10/16/87 Williams to Retallick
DE Dcpt of Natunl
Resources md
Environmental Control
thermal oxidation and hydrodechlorination are considered reclamation activities; distillation f*w- 4
bottoms ("polychlor material") from the production of chlorinated benzenes are by-products
(see also 4/21/88 letter, Lowrance to Sinibaldi)
4/6/88 Lowrance to Grant
Tomir Services, Inc.
smelting wastewater treatment sludges to recover metals is reclamation; listed sludges that Pa8«: 8
have been dried and are destined for further reclamation (smelting) are partially reclaimed and FMB»ck:
are S, unless variance from SW definition for partially-reclaimed materials available
2/7/89 Lowrance to Gallaher
Allied Aircraft Sales, inc. aluminum dross is a by-product; if the use of dross in the manufacture of cement yields
distinct components as separate end products, it is considered reclamation
Pages: 4
FaxBack:
11395
4/2/89 Dellinger to Truitt
Schmehzer, Aptaker and particles of chrome-coated zinc and charcoal from metal galvanizing are by-products;
Sheppard, P.c. dewatcring is reclamation
Pages: 2
FaxBack:
11415
7/31/89 Barnes
to Haake
McDonnell Douglas
reprocessing off-specification jet fuel to make new fuel product is reclamation rather than use Pases: 2
or reuse as ingredient in industrial process; off-specification jet fuel to be made into new fuel
product is CCP being reclaimed for intended purpose and is not S W
7/16/90 Lowrance to Eschbom
DuPbnt Recovery
Management Systems
used photo fixer that is removed for processing as a result of contamination is a spent p»8es: 3
material; if used fixer is sold for further use, it is not a spent material, but continued use of a
product; electrolytic treatment filtration, and fortifying of fixer solution is reclamation
10/18/90 Petruska to Docket
EPAHQ
reclamation can include activities ranging from simple filtration to reinsertion into a
refrigerant manufacturing unit; used refrigerants are spent materials, not CCPs or
by-products; the term used in EPA's definition of spent material carries its ordinary, plain
language meaning
Pages: 3
FaxBack:
11565
-------
PART 261
Reclamation
SUBPART A 261.l(c)
Page 48
12/4/95
3/4/91 Lowrance to Svanda
enft PouUDOn Control
Agency
EPA draws clear distinction between regeneration (processing to remove contaminants in a •>««« 3
way dm restores original product) and materials recovery (processing to recover usable
material values as end products); smelting is not regeneration
2/6/95 Shapiro to Perkins
Williams & Anderson dust collected hi air filtration system is not sludge since nitration intended to recover dust, Pas«: 3
not control pollution; heating and distillation are considered reclamation processes; f 1937 ck:
regulatory status of recycled acrylic plastic dust generated from plastic media blasting
3/8/95 Shapiro to Richter
American Poundiymen's screening foundry sand to remove bits and pieces of metal, clumps of sand, and other Pages: 10
Society residuals is reclamation; foundry sands destined for reclamation are spent materials and SW;
reclamation is generally exempt from regulation unless thermal treatment is involved
6/23/95 Shapiro to Downey
Downey Chandler, Inc.
liquid ion exchange technology traditionally used to remove metal contaminants from Pages-. 3
wastewater prior to discharge, but can also qualify as exempt recycling process when used to fSn ck:
recover metals from wastewater; explanation of ion exchange wastewater treatment
technology
6/30/95 Bussaid to Crim
Miller. Canfieid, Paddock use or reuse v. reclamation; dried metal hydroxide pellets that are sent to smelter to recover Pa8«: 3
and Stone. P.L.C. metals are reclaimed, not directly used or reused, because distinct components of material are
recovered as separate end products
fScrap Metal
6/6/85 Straus to Bzura
Madison industries, inc. brass dross skimmings are by-products, not scrap metal
Pages: 3
FaxBack:
11083
-------
PART 261
Scrap Metal
SUBPART A 261.l(c)
Page 49
12/4/95
8/9/85 Straus
to Lead
General Battery Corp. industrial sted battery cases and lesd plates from which the actd and lead components have Pages: 3
been removed are scrap metal: mixtures of scrap metal (battery cases) and regulated recyclable
materials (lead oxides) most be managed as HW when sent for reclamation
2/25/86 Williams to Volz
McRenna, Conner and metal torpedo components that are sent for decontamination are considered scrap metal
Cuneo
Pages: 3
FaxBack:
11134
10/20/86 Straus to Morford
Stoel. Rives. Bolcy, Praser, zinc bar, nickle plate, cadmium plate, and steel scrap removed from alkaline batteries are p»g«: 7
tnd wy»e scrap metal; mixtures of scrap metal (metal plates) removed from spent lead-acid battery and
non-scrap metal (lead oxide sludge) is not scrap metal
11/19/86 Straus to Straume
U.S. Air Force
buttons, eyeglass frames, uniform insignia, and electronic scrap, if not scrap metal, are Pa8":
considered spent materials; if recycled to recover precious metal content, they are subject to ^axBa
regulation under Part 266, Subpart F
5/2/88 Lowrance to Harkin
U.S. Senate
EPA's regulatory definition of scrap metal; metal parts, when recycled, are not subject to
Subtitle C regulation
Pages: 2
FaxBack:
11347
11/28/88 Cochran to Norman
industrial Safety «nd Health wastes (bits of metal, lead sulfates, lead carbonates, plastic battery chips) derived from spent p"8": 9
Consultants, inc. materials (batteries) arc, themselves, spent materials; bits and pieces of lead metal from
batteries could meet the definition of scrap metal'
4/5/89 Barnes to Bzura
Old Bridge Chemicals
"drove" generated by the brass industry is neither spent material nor sludge (provided it is Pa8«: 2
not derived from a pollution control device), but rather co-product or a by-product; some
components of drove may meet definition of scrap metal
-------
PART 261
Scrap Metal
SUBPART A 261.1(c)
Page SO
12/4/95
6/6/89 Cannon to Goodling
U.S. House of
.Representatives
discarded automotive parts and electronic devices may meet definition of scrap metal; circuit Page* 2
boards with relatively small amounts of metal are not scrap metal; these materials can be 1^432 ck:
spent materials if not scrap metal
7/20/89 Kidwell to Douglas
Bectram Recovery Works, solder skimmings are by-products, not scrap metal; regulatory definition of scrap metal is Pages: 2
Inc- not based on the value of the material or the process by which it is reclaimed, but rather on
the material's physical appearance and previous use
11446
10/30/90 Lowrance to Duprey
Region VTD.
automotive oil filter from which UO is removed qualifies as scrap metal and is exempt when Pages: 3
destined for recycling; undrained or uncrushed used oil filters generally contain too much oil ff J2?ck:
to qualify for scrap metal exemption (see also §261.4(b)( 13))
8/26/92 Lowrance to Waste Management Regions l-x
Division Directors
unprocessed, spent printed circuit boards qualify for scrap metal exclusion as generated;
Pages: 3
residuals from processing of spent circuit boards (e.g., shredded pieces, sweeps, ash, fluff, or f?5Bgck:
baghouse dust) may not qualify as scrap metal, but instead may be spent materials,
by-products, or sludges
11/10/92 Lowrance to Burke
Rode and Qualey spent photoconductor drums taken from photocopying machines meet the definitions of
spent material and scrap metal
Pages: 2
FaxBack:
11710
1/4/93 Shapiro to Campbell
Katec Inc.
steel aerosol cans qualify as scrap metal if they do not contain a significant amount of liquid Pa8es: '
(e.g., cans that have been punctured and drained) f?5?o ck:
11/18
10/7/93 Denit
to DiFazio
Chemical Specialties steel aerosol can qualifies as scrap metal if it does not contain significant liquids (i.e., is
Manufacturers Association f,j]|y drained) and is therefore exempt from regulation when sent for recycling; emptying
steel aerosol can by puncturing and draining may be exempt as step in recycling can as scrap
metal
p"g«: 3
-------
PART 261
Scrap Metal
SUBPART A 261.l(c)
Page 51
12/4/95
10/7/93 Denit
to Crawford
Steel Recycling Institute
steel aerosol can qualifies as scrap metal if it does not contain significant liquids (i.e., is
fully drained) and is therefore exempt from regulation when sent for recycling; emptying
steel aerosol can by puncturing and draining may be exempt as step in recycling can as scrap
metal
- 3
8/5/94 Shapiro to Donovan
The Law offices of Jones materials from dismantled ship that are to be recycled are likely to qualify as scrap metal
and Donovan
Pages: 13
FaxBack:
11862
9/21/94 Brandes to Downing
Fidelity chemical Products determination of whether steel wool qualifies as scrap metal should be made by
CorP- implementing agency
Pages: 3
FaxBack:
11930
Speculative Accumulation
5/26/88 Barnes to Ford
Snuffer chemical Co. clarification of definition of speculative accumulation
Pages: 3
FaxBack:
11351
Snent Material
7/10/85 Skinner to Suska
Baltimore City Health Dept spent activated charcoal or carbon is normally considered a spent material; if pan of a
pollution control system, it would be defined as a sludge
Pages: 3
FaxBack:
11089
7/16/85 Skinner to Seraydarian
Region DC
spent pickle liquor (K062) is spent material and SW and HW when sent for reclamation; p"g": 2
recovery of ferrous chloride from spent pickle liquor is reclamation; fact that waste may be
beneficially used after reclamation does not affect its status as S W before and while being
reclaimed
-------
PART 261 SUBPART A 261.l(c)
Spent Material
Page 52
12/4/95
8/9/85 Straus
to Hudson
U.S. Navy
propulsion fuel remaining in torpedo (after firing) that is contaminated with saltwater is a p»«es: 2
CCP, thus not a SW when sent for reclamation; contaminated propulsion fuel is not a spent
material since any fuel that is spent (or used) would no longer exist
8/13/85 Straus
to Gowen
TX Instruments, Inc.
solder drosses are by-products; spent material v. by-product; examples of spent materials are p»8es: 2
spent solvents, spent acids, spent pickle liquor, spent catalysts, and spent lead-acid batteries; F??Q,ack:
examples of by-products are distillation residues, slags, dross, and tank bottoms
10/1/85 Straus
to Waite
Boeing Computer Services lubricating oil and unused fuel mixture used to remove excess fuel from fuel cells is spent Paees; 2
material, not off-specification CCP since mixture is used as a solvent
11/14/85 Claussen to Wyatt
Leggett and Plan. inc. waste pickle liquor from steel finishing (K062) is spent material
Pages: 3
FaxBack:
11112
1/6/86 Straus
to Robbins
KohlerCo.
foundry sands are spent materials (i.e., materials which have been used and are no longer fit Paees: 2
for use without being regenerated, reclaimed, or otherwise reprocessed) and SW when fn?ock:
reclaimed
1/21/86 Straus
to Goldsmith
D.F. Goldsmith Chemical free-flowing, 99% pure mercury is not SW; metals that are suitable for direct use, or that P»gei: 2
and Metal Corp. onjv nee(j to be refined to be usable are products, not wastes; any electrical switches,
instruments, scrap batteries, or other spent materials from which such pure mercury will be
reclaimed are SW
2/4/86 Straus to Dufficy
National Association of even if they are not contaminated, used photographic film and paper removed from service f»w- 2
Phototrapm'c , and destined for recycling are spent materials; unless such wastes exhibit characteristics,
Manufacturers, Inc. ._ ......
classification as spent materials is irrelevant
11127
-------
PART 261 SUBPART A 261.l(c)
Spent Material
Page S3
12/4/95
4/2/86 Williams to Wassersug
Region ID
spent carbon is normally considered a spent material unless it results from pollution control, Pl«e>: 6
in which case it is considered a sludge
5/20/86 Straus
to Guptill
MO Hospital Association used x-ray film is spent material
Pages: 2
FaxBack:
11156
11/6/86 Straus
to Bzura
Old Bridge Chemicals, inc. spent etchanls are spent materials
Pages: 6
FaxBack:
11192
11/19/86 Straus
to Straume
U.S. Air Force
buttons, eyeglass frames, uniform insignia, and electronic scrap, if not scrap metal, are Pages: 11
considered spent materials; if recycled to recover precious metal content, they are subject to f"jy;ck:
regulation under Part 266. Subpart F
5/20/87 Straus
to Russell
Russel Resources, Inc.
spent pickle liquor is a spent material; whether the spent pickle liquor can continue to be Pa8«: 5
used does not affect its regulatory status if the pickle liquor will be regenerated before reuse;
pickle liquor that is reused without prior reclamation may qualify for §261.2(e) exemption
from SW definition
4/25/88 Barnes
to Geary
Bio-Ecologictl Services,
Inc.
antineoplastic drugs that has been diluted with water or saline solution are not considered a Pa8": 4
spent material because it has not been used for its intended function, nor is it contaminated;
excess portions of unused antineoplastic drugs that have been diluted are SW when discarded
6/6/88 Barnes
to Tribble
American Cymtmid Co. whether spent sulfuric acid is considered a spent material, co-product, or by-product, is
dependent on how it is recycled; used sulf uric acid produced by sulfonation, alkylation, and
dehydration reactions may be regulated as by-product or co-product, rather than spent material
P*ge*: 9
-------
PART 261 SUBPART A 261.1(c)
Spent Material
Page 54
1Z/4/95
7/21/88 Lowrance to 'Rimer
Racon RefrigertnU
refrigerant contaminated through use is spent material if it must be reclaimed prior to reuse; P»g«« 4
contamination may occur because atmospheric moisture condenses, lubricating oil is released ffjf/ck:
into refrigerator, or high temperatures form hydrochloric acid (see also §261.4(a)(12))
8/9/88 Barnes
to Tribble
American Cyanamid Co. sulfuric acid from chlorine dehydration that is too dilute for reuse without further processing ?ag«: 2
may meet the definition of spent material
10/27/88 Lowrance to Wagoner
Region VII
listed rinsewater destined for filtering and reuse is a spent material and SW prior to Pa8es: 3
•reclamation; EPA generally does not consider treated wastewater to be reclaimed "product;" in F?3?fck:
certain cases, treated wastewater that is legitimately reused is considered "reclaimed" and loses
SW status
11/2/88 Dellinger to Stone
GSX Chemical Service]
if mercury-containing thermometers have been used, they are considered spent materials when Pages: 3
destined for reclamation m7gck:
11/28/88 Cochran to Norman
industrial Safety and Health wastes (bits of metal, lead sulfates, lead carbonates, plastic battery chips) derived from spent Pases: 9
Consultants, inc. materials (batteries) are, themselves, spent materials; bits and pieces of lead metal from ck:
batteries could meet the definition of scrap metal
12/7/88 Lowrance to Stapleton
Supieton Company filter cake from treatment of plating wastewaters is more likely to qualify as a sludge than p»8es: 6
cake from treatment of spent plating baths, which would be a spent material when destined FfJ?< ck:
... • 11385
for reclamation .
4/14/89 Cochran to Oleszko
HazMat Environmental ignitron tube containing mercury is spent material, not a CCP; purity of the mercury within p«8«: 2
Group, inc. the tube is not a consideration when determining whether the ignitron tube itself meets the
definition of spent material (the tube is what becomes spent)
-------
PART 261 SUBPART A
Spent Material
261.l(c)
Page 55
12/4/95
5/23/90 Lowrance to Bergeson
Fox. Weinberg. >nd Bennett batteries are spent if they have been used and can no longer be used for the purpose for which P»s«*: 3
FixB lack
they were produced; batteries do not have to be contaminated in order to be considered spent;
if it is not known whether the battery is reusable, it would be prudent to consider the battery
spent
7/16/90 Lowrance to Eschbom
DuPont Recovery
Management Systems
used photo fixer that is removed for processing as a result of contamination is a spent Pag.es-. 3
material; if used fixer is sold for further use, it is not a spent material, but continued use of ??j?.*ck:
a product; electrolytic treatment filtration, and fortifying of fixer solution is reclamation
10/18/90 Petmska to Docket
EPAHQ
reclamation can include activities ranging from simple filtration to reinsertion into a
refrigerant manufacturing unit; used refrigerants are spent materials, not CCPs or
by-products; the term used in EPA's definition of spent material carries its ordinary, plain
language meaning
Pages: 3
FaxBack:
11565
2/13/91 Lowrance to Ploch
CTDEP
unused batteries are CCPs and not SW when destined for reclamation; used batteries are spent Pae«: 3
materials and SW when destined for reclamation; variance may be used to show that partially f Xl?**'
reclaimed used batteries are not S W (see also §261.6(a)(3)(ii))
8/26/92 Lowrance
to Waste Management Regions l-x
Division Directors
unprocessed, spent printed circuit boards qualify for scrap metal exclusion as generated; Pa8": 3
residuals from processing of spent circuit boards (e.g., shredded pieces, sweeps, ash, fluff, or ?fJ?g ck:
baghouse dust) may not qualify as scrap metal, but instead may be spent materials,
by-products, or sludges '
11/10/92 Lowrance to Burke
Rode and Quaiey spent photoconductor drums taken from photocopying machines meet the definitions of
spent material and scrap metal
Pages: 2
FaxBack:
11710
8/4/93 Petruska to Farmer
Region IV
plastic chips from spent lead-acid batteries are spent materials, not by-products; EPA has
viewed "by-product" category as a catch-all including most materials that aren't spent
materials or sludges; category may include materials that aren't generated from production
processes
Pages: 3
FaxBack:
11763
-------
PART 261 SUBPART A 261.l(c)
Spent Material
Page 56
12/4/95
10/22/93 Weddte
to Clutter
Marathon Power
Technologic!
used nickel-cadmium batteries can no longer be used for the purpose for which they were
produced ate spent materials; spent materials are SW when reclaimed
Pages: 2
FaxBack:
11789
3/24/94 Shapiro to Davis
Region VI
mercuric chloride catalyst used in production process is a spent material when taken out of p»8es: 2
service, regardless of contamination; "contamination" refers to any impurity, factor, or fi g2iack:
circumstance which causes a material to be taken out of service for reprocessing, regardless
of contamination
6/10/94 Petruska to Habeeb
Albright & Habeeb PCE that is periodically drained from closed-loop drycleaning solvent reclamation system, Pa8es: 2
stored temporarily, and reintroduced into system may be spent material or product, depending
on level of contamination and where PCE is being reintroduced into the system
7/29/94 Bussaid to Sahler
NY Gas Group
natural gas regulators that contain mercury are best classified as spent materials; any quantity Pa8es: 2
of liquid mercury, other than trace amounts attached to a material, precludes designation as
scrap metal
8/30/94 Bussaid to Woods
Ashland Chemical Co.
"spent material" doesn't include materials reused for original purpose, provided they aren't Pa8es: 2
reclaimed/reprocessed prior to reuse; determining factor not whether material is marketable
but whether it is reused in manner consistent with its original use without prior reclamation
9/28/94 Bussaid to Green
Applied Environmental
Services, Inc.
mercury switch taken out of service and sent for reclamation is spent material; mercury
switch sent for further use as relay or switch is not a SW because of continued use as a
product; determination of spent v. further use must be made by generator when switch taken
out of service
p«8es: 2
3/8/95 Shapiro to Richter
American Foundrymen'i
Society
foundry sands are spent materials at point sand mold is broken and sand is separated from p"8«: 10
metal casting (molded metal product); screening foundry sand to remove metal fines and other
residuals is reclamation; foundry sands sent for reclamation are spent materials and SW
11900
-------
PART 261 SUBPART A
Spent Material
261.l(c)
Page 57
12/4/95
8/10/95 Petruska to McCoy
used silver-bearing photo fixer destined for reclamation is spent material and SW; silver P>8e*: 2
recovery units destined for reclamation are characteristic sludges and not SW (see also 8/4/95
letter, Petruska to Thompson)
9/14/95 Petruska to Wtodarczak
GNB Battery Technologies unused off-specification lead plates from lead-acid battery production (i.e., nonlisted CCP) are p«8es
not SW when reclaimed; if plates are used, they are spent materials and are S W when
reclaimed
Use / Reuse
12/4/86 Williams to Stringham
Region V
processing (briquetting, crushing, repackaging) refractory bricks does not recover material Paees: 3
values and so is not reclamation; bricks processed in this manner may still qualify for direct *?lf?.aclt:
reuse exemption; if direct reuse exemption applies, status as spent material or by-product
irrelevant
5/20/87 Straus to Russell
Russel Resources, Inc.
spent pickle liquor is a spent-material; whether the spent pickle liquor can continue to be Pa8": 5
used does not affect its regulatory status if the pickle liquor will be regenerated before reuse;
pickle liquor that is reused without prior reclamation may qualify for §261.2(e) exemption
from SW definition
6/30/95 Bussard to Crim
Miller, Canfleid, Paddock use or reuse v. reclamation; dried metal hydroxide pellets that are sent to smelter to recover Pae«: 3
and Stone, P.LC. metals are reclaimed, not directly used or reused, because distinct components of material are Ff2?,?ck:
recovered as separate end products
261.2
General Definition Of Solid Waste Issues
Contained Gases
7/15/86 Straus
to Harvey
Occupational Medical
Service!
vapors from degreasing operations using Freon 113, TCE, and methylene chloride are not p"gcs: 2
SW until adsorbed into carbon (vapors are not contained gases); therefore, F002 listing does f f ?g£ck:
not apply and spent carbon canister is not HW via mixture rule, although it could be
characteristic
-------
PART 261 SUBPART A 261.2
Contained Gases
Page 58
12/4/95
5/18/87 Straus to Burchett
Clem Crop
EPA continues to regulate listed HW even when h is contained in another material, such as Pl8«: 3
spent carbon; unused Hume pesticide which volatilizes into air during production and is ??S?ock:
captured in carbon filters to POM HW
6/17/87 Straus to Ng
Region H
ntethanol volatilizing from pharmaceutical production is not S W; once captured in carbon Pa§«: 4
and condensed, methanol carries F003 listings and renders carbon listed; removal of F003
from carbon is exempt recycling (SUPERCEDED; see 7/15/86 letter, Straus to Harvey)
8/11/92 Denit to Guinyard
Region VI
off-gases from resource recovery kilns are regulated under RCRA Subtitle C if they originate Pas«: 5
from HW treatment
10/19/95 Kidwell to Lively
TDJ Group, Inc.
paniculate emissions from foundry production unit are not SW until removed from
baghouse, at which point HW determination is made; if emissions derive from waste
management, paniculate may be SW and HW triggering RCRA Subtitle C prior to
collection in baghouse
Pages: 2
FaxBack:
11921
Continued Use Of Product vs. Solid Waste Recycling
6/24/87 Straus to Bello
Noithspur
used lead-acid batteries are not wastes until they have served intended purpose or become
spent; RCRA Subtitle C does not apply to company selling or giving away batteries,
provided batteries are used for intended purpose and no reclamation occurs; company must
document legitimacy
Pages: 2
FaxBack:
11258
2/14/90 Lowrance to Feulner
OBA - GEIGY Corp.
cancelled unused pesticide is SW if it is abandoned, is intended to be abandoned, or is p»8e»: 3
intended for use as fuel; if company can find valid market for pesticide (unlikely because use
has been banned), may not be product in continued use and not SW; handler retains burden of
proof
-------
PART 261 SUBPART A 261.2
Continued Use Of Product v«. Solid Waste Recycling
Page 59
12/4/95
7/16/90 Lowrance to Eschbom
DuPont Recovery
Management Systems
used photo fixer that is removed for processing as a result of contamination is a spent p»8«: 3
material; if used fixer is sold for further use, it is not a spent material, but continued use of Ff*?."*1
a product; electrolytic treatment filtration, and fortifying of fixer solution is reclamation
10/18/90 Petruska to Docket
EPAHQ
used refrigerant directly reused as a refrigerant is merely continued use of a CCP and not a
SW
Pages: 3
FaxBack:
11565
3/19/91 Bussard to Duncan
Appropriate Technologies used mercury that is 99% pure is considered product rather than S W because it is pure
n- ">c- enough to require only minor refining, rather than substantial reclamation, in order to be
usable
Pages: 1
FaxBack:
11590
5/16/91 Lowrance to Schulz
Pharmaceutical Services. unused pharmaceuticals returned to manufacturer (reverse distribution system) are not yet
Inc- discarded because decision has not been made whether they are to be reused, reclaimed, or
approriately disposed; returned products are not SW until decision has been made to discard
Pages: 2
FaxBack:
11606
8/5/94 Shapiro to Donovan
The Law Offices of Jones ships destined for scrap, their structure, and necessary on-board operating materials are not
and Donovan discarded or wastes while vessels remain intact because those materials continue to serve a
useful purpose; removal of material intended for discard from ship's structure is point of
generation
Pages: 13
FaxBack:
11862
8/30/94 Bussard to Woods
Ashland Chemical Co. reuse of a product for its original intended purpose without intervening reclamation or
reprocessing is not waste management, but rather continued use of a product
Pages: 2
FaxBack:
11868
9/28/94 Bussard to Green
Applied Environmental
Services, Inc.
mercury switch sent for further 'use as a relay or switch is continued use of product, thus it
never becomes a SW; whether used mercury switch is spent or directly reusable must be
determined when removed from service, not after shipment from field location to central
evaluation point
Pages: 2
FaxBack:
11876
-------
PART 261 SUBPART A 261.2
Continued Use Of Product v«. Solid Waste Recycling
Page 60
12/4/95
10/5/94 Petruska to Dufficy
National Association of
Photographic
Manufacturers. Inc.
metals suitable for direct reuse, or that only need minor refining to be usable, are products; P*8e*: 6
98% pure silver flake recovered from photoprocessing and sent to be refined to 99.99% ffj»7ock:
purity is "commodity-like" and is not SW
Miscellaneous
3/21/85 McGraw to Baucus
U.S. Senate
it is within RCRA Subtitle C jurisdiction, and consistent with Congressional intent, for
EPA to regulate certain materials being recycled or held for recycling, as SW and HW
Pages: 3
FaxBack:
11063
5/9/85 McGraw to Seiberling
U.S. House of
Representatives
EPA's approach in 50 FR 614; 1/4/85. for regulating certain secondary materials being
recycled (or held for recycling) is consistent with Congressional intent
Pages: 4
FaxBack:
11074
4/21/88 Lowrance to Sinibaldi
Standard Chlorine of DE, whether material is or is not SW depends on the disposition, or intended disposition, of the Pa8«: 22
Inc. material FaxBack:
11342
4/26/89 Lowrance
to HW Management
Division Directors
Regions I-X
determining RCRA Subtitle C regulations applicable to any recycling operation involves
two questions: (1) deciding whether recycling is legitimate or sham (2) if the recycling is
legitimate, deciding whether activity is a type of recycling regulated under §§261.2 and/or
261.6
Pages: 5
FaxBack:
11426
11/9/94 Bussard to Kulkarni
Quantum Tech, L.L.C.
SW that are also HW are subject to regulation from point of generation through recycling; Pages: 2
when burned for energy recovery or used in manner constituting disposal, products produced f ?JB
-------
PART 261 SUBPART A 261.2
Sham Recycling
Page 61
12/4/95
Sham Recycling
2/7/89 Lowrance to Gallaher
Allied Aircraft Sales, Inc.
using aluminum dross sludges containing high concentrations of heavy metals in the
manufacture of cement is sham recycling
Pages: 4
FaxBack:
11395
4/26/89 Lowrance
to HW Management
Division Directors
Regions I-X
sham recycling is actually type of HW treatment called recycling in attempt to evade
regulation; criteria to be used in deciding whether processing of secondary material is
legitimate recycling or regulated HW treatment and sham recycling
Pages: 5
FaxBack:
11426
8/23/89 Lowrance to Philipp
Enviroscience, Inc. in order for slag residue derived from processing of F006 and destined for use in aggregate to
qualify as legitimately recycled, slag must be analogous to normal feedstock it is replacing;
technical feasibility of using slag as substitute does not mean slag recycling is legitimate;
state or Region determines legitimacy of recycling on a site-specific basis
Pages: 3
FaxBack:
11461
2/13/90 Lowrance to Duprey
Region VIII
to determine whether processing of K061 is legitimate recycling or treatment, one must
consider whether the hazardous constituents are being legitimately used (e.g., as valid
ingredients in cement product) or are they being treated or disposed by incorporation into the
product
Pages: 13
FaxBack:
11491
2/15/91 Bussard to Blake
Swidier and Berlin use of hazardous wastewater as ingredient (quenchwater and slurry water) in cement
production may be regulated treatment, not exempt recycling; determination of sham v.
legitimate use based on whether hazardous constituents in wastewater are necessary to
production process
Pages: 2
FaxBack:
11585
6/14/91 Clay
to Buchman
Conoco, Inc.
mixture of petroleum fuel product and water is off-specification CCP and not SW when
destined for reclamation; if mixture is result of intentional mixing or purposeful
nonseparation of product and hazardous wastewater to avoid regulation, mixture may be SW
Pages: 6
FaxBack:
11615
-------
PART 261 SUBPART A 261.2
Sham Recycling
Page 62
12/4/95
6/20/91 Lowrance to Hohman
Region I
contaminated soils used in asphalt batching that contain hazardous constituents in
significantly higher concentrations than that of analogous raw materials may be considered
sham recycling; criteria for evaluating whether a waste is legitimately being recycled
Pages: 6
FaxBack:
11616
6/21/91 Bussard to Young
Whiteman, Osterman, and
Hanna
whether reclamation of baghouse dust is sham or legitimate depends on whether lead and
cadmium concentrations are significantly greater in the baghouse dust than in raw materials
normally used
Pages: 5
FaxBack:
11618
12/30/91 Chaudhari to Bates
XENIUM Fiberglass Corp.
classification of waste as legitimately used, reused, recycled, or reclaimed is generator's
responsibility; such determinations are not made by EPA through petition process but by
regulated entities as part of self-administered regulatory program subject to state oversight
Pages: 8
FaxBack:
12/30/91 Chaudhari to Bates
XEN1UM Fiberglass Corp.
classification of a waste as beneficially used, reused, or legitimately recycled or reclaimed is
the generator's responsibility; such determinations are not part of EPA petition process but
part of self-administered regulatory program subject only to state oversight
Pages: 8
FaxBack:
11661
2/23/93 Lowrance to Kaul
NY DEC
reclamation of CCPs that recovers only minimal amount of material of questionable value
may be more similar to waste management than legitimate recycling
Pages: 3
FaxBack:
11726
4/15/94 Shapiro to Kinne
Interstate Natural Gas
Association of America
although off-specification fuels such as natural gas condensate are usually not SW when
burned for energy recovery, sale or use of low evergy value condensate as motor fuel or fuel
additive may constitute sham burning for energy recovery
Pages: 2
FaxBack:
11831
7/14/94 Petruska to Philipp
Enviroscience, Inc.
EPA Headquarters does not generally make regulatory decisions concerning the legitimacy of
specific recycling operations; these issues are decided on a site-specific basis; sham recycling
is a site-specific issue
Pages: 1
FaxBack:
11852
-------
PART 261 SUBPART A 261.2
Sham Recycling
Page 63
12/4/95
11/8/94 Shapiro to Kollinski
CleanHarbors
Environmental Services,
Inc.
1991 BIF rules superceded sham recycling policy for HW fuels; wastes can be blended
irrespective of their heating values, but EPA considers product to be waste-derived if furnace
bums HW fuels with heating values less than 5000 Btu/lb, unless facility demonstrates
legitimate energy recovery
Pages: 4
FaxB*ck:
11885
Discarded & Abandoned
5/13/81 Corson
to Wittmer
Merck, Sharp & Dohme
CCPs are not SW until a decision is made to discard them; pharmaceutical chemicals (U245) P"g«: 4
becomes HW at point decision made to discard (after returned to manufacturer)
7/1/85 Straus
to Quinlan
Evans, Kitchel, and Jenckes, abandoned means thrown away; secondary materials that are bona Fide products (used as
RC ingredients or substitutes) are not SW when temporarily stored on the land, unless
speculatively accumulated; if material escapes storage unit, may be disposal (i.e., material a
SW)
Pages: 2
FaxBack:
11087
7/22/85 Skinner to Hathaway
Region VI
pesticide residue left on an aircraft used to spray pesticide is not a discarded CCP because it
has been used; pesticide released into the environment as a result of use (see also 12/15/92
letter, Lowrance to Rodriguez)
Pages: 2
FaxBack:
11096
12/13/85 Williams to Seraydarian
Region DC
pesticide residue remaining on pesticide application aircraft is considered used and not
discarded CCP because it has been deposited as part of its use; pesticide residue remaining in
spray tanks has not been used and is CCP
Pages: 2
FaxBack:
11115
5/12/86 Williams to Blackburn
Travenol Laboratories, foe. exclusion from the definition of SW in §261.2(e) applies retroactively to deionization acid
that has always been beneficially recycled
Page): 10
FaxBack:
11154
-------
PART 261
SUBPART A 261.2(a) & (b)
Page 64
12/4/95
6/3/86 Williams to Wagpner
Region VTI
CCPs listed in §261.33 or exhibiting characteristics that are spilled in warehouse are subject Pa8e': 5
to RCRA Subtitle C regulation unless immediately cleaned up F?t*i"clc:
11/19/86 Straus to Straume
U.S. Air Force
materials burned in incinerator or other thermal device, other than BIFs, are "abandoned" by
being burned or incinerated; any materials or energy recovery that occurs is considered
ancillary to the purpose of the unit (i.e., burning for destruction)
Pages: II
FaxBack:
11197
11/30/87 Porter to McGuire
U.S. Dept. of Treasury
detonation of seized explosives will constitute discard (they are not to be used for original
purpose); seized explosives must be managed as SW and potentially HW from the moment
the decision is made to destroy the explosives
Pages: 2
FaxBack:
11305
3/22/88 Lowrance to Simpson
Associated Technologies,
Inc.
asphalt that is buried in a trench is disposed, and therefore a SW; asphalt that is used as a
commodity (e.g., for paving roads) is not regulated under the HW regulations; product
asphalt that contains HW as ingredient may be subject to RCRA Subtitle C regulation
Pages: 2
FaxBack:
11335
5/3/88 Lowrance to Wayland
EPAHQ
in order for CCPs (pesticides) to be subject to regulation as P- or U-listed HW, they must be Pa«es: 6
discarded or intended for discard; materials are "discarded" when they are abandoned, when
applied to the land, or when used to produce a fuel
5/26/88 Barnes to Ford
Stauffer Chemical Co.
materials (spent sulfuric acid) that are accumulated in land-based units and that leach into the
ground are considered "disposed" if not recovered
Pages: 3
FaxBack:
11351
9/6/88 Lowrance to Magee
IN Dept- of Environmental
Management
firing of ammunition at shooting ranges is not SW disposal; placement on ground is normal Pa8«: 2
use of ordnance or munitions; interpretation applies to spent cartridges and unexploded FaxBack:
bullets that fall to ground during shooting exercise (see also 9/24/92 letter, Clay to Hair)
11368
-------
PART 261
SUBPART A 261.2(a) & (b)
Page 65
12/4/95
9/19/88 Carra
to Hazardous Waste Regions I-X
Branch Chiefs
dropping munitions on land and detonating bombs is not discard and is not regulated because P»g«:
it is normal pattern of use; unexploded ordnance or bullets removed from firing range and
sent for destruction via OB/OD are waste subject to regulation
9/19/88 Carra
to Hazardous Waste
Branch Chiefs
Regions I-X
use of off -specification fuel (i.e., jet fuel, kerosene, gasoline) to bum planes during fire
training exercise is normal product use and not subject to regulation; soil contamination
resulting from such unregulated burning may later be subject to federal cleanup authorities
Pages: 4
2/22/89 Cochran to O'Day
Packard Instrument Co. CCP (Ultima-Gold) becomes discarded by being abandoned (e.g., burned or incinerated) or Pa8es: 3
sent for recycling (e.g., burned for energy recovery or reclaimed); a CCP that is abandoned is
a SW, while a CCP being reclaimed is not a SW
3/28/89 Cochran to Sule
Electrolytic Manganese Co. RCRA Subtitle C regulation may apply to electrolytic manganese dioxide that is disposed Pages: 2
FaxBack:
11413
2/14/90 Lowrance to Feulner
CIBA-GEIGY Corp.
cancelled pesticides are SW if they have been discarded or are intended for discard (by being
abandoned) or used as a fuel; if the company can find a valid market, pesticides may not be
SW because of their continued use as products; generator maintains burden of proof
Pages: 3
FaxBack:
11492
3/8/91 Lowrance to Leopold
Region VI
TC sludges generated in surface impoundments are SW (discarded by being abandoned);
sludges are SW subject to regulation not only when surface impoundment is cleaned or
closed, but when sludge is generated (sludges are generated at moment of deposition at
bottom of unit)
Pages: 6
FaxBack:
11588
5/16/91 Lowrance to Schulz
Pharmaceutical Services. unused Pharmaceuticals returned to manufacturer (reverse distribution system) are not yet
Inc- discarded because decision has not been made whether they are to be reused, reclaimed, or
approriately disposed; returned products are not SW until decision has been made to discard
Pages: 2
FaxBack:
11606
-------
PART 261
SUBPART A 261.2(a) & (b)
Page 66
12/4/95
11/25/92 Denit
to Bozaan
Groundwater Technology
recovered free product that is to be discarded instead of used in its normal manner is a S W;
listed wastes and CCPs that are reclaimed are not SW except when used as fuels (unless they
are themselves fuels)
Pages: 4
FaxBack:
11713
8/5/94 Shapiro to Donovan
The Law Offices of Jones
and. Donovan
ships destined for scrap, their structure, and necessary on-board operating materials are not
discarded while vessels remain intact because those materials continue to serve a useful
purpose; removal of material intended for discard from ship's structure is point of generation
Pages: 13
FaxBack:
11862
10/19/95 Kidwell
to Lively
TDJ Group. Inc.
paniculate emissions from foundry production unit are not SW until collected in and
Pages: 2
removed from baghouse, at which point HW determination is made; if emissions derive from Ff J?,ack:
waste management, paniculate may be SW triggering RCRA Subtitle C prior to collection
in baghouse and
2fil.2fcMl)
Use Constituting Disposal
6/5/85 Skinner to Scarbrough
Region IV
spent pickle liquor that is directly used or reused as a wastewater conditioner (ferric chloride Pages: 3
substitute) is not a SW provided the material is not speculatively accumulated; use as a water ''fi$oiack:
conditioner is not used in a manner that constitutes disposal
6/6/85 Straus to Bzura
Madison Industries, Inc.
any secondary material (i.e., by-product, spent material, sludge, CCP, or scrap metal) placed
on land or incorporated into product that is placed on land is a SW; oxide material sent to
foreign or domestic fertilizer company (either directly or through a processor) must be
manifested
Pages: 3
FaxBack:
11083
11/14/85 Claussen to Wyatt
Leggett and Plan. Inc.
waste pickle liquor (K062) used as ingredient in fertilizer is SW used in a manner
constituting disposal; fertilizer product derived from K062 is regulated under Part 266,
Subpart C; if produced for general public's use, product is exempt under §266.20(b)
(SUPERCEDED: see §266.20(b))
Pages: 3
FaxBack:
11112
-------
PART 261
SUBPART A 261.2(c)(l)
Page 67
12/4/95
11/25/85 Straus to Mahoney
Bridgeport Brass Corp.
zinc oxide dust (characteristic sludge) that is processed to make a fertilizer placed'on the land
is used in a manner constituting disposal; characteristic sludges are not SW when reclaimed
Pages: 2
FaxBack:
11113
1/22/86 Straus
to Andrews
Industrial and Agricultural
Chemicals, Inc.
materials incorporated into products that are placed on the land are SW, may be HW;
corrosive spent copper sulfate bath used as ingredient in fertilizer is SW and HW; fertilizer
derived from characteristic HW not regulated after characteristic removed (SUPERCEDED:
see §266.20(b))
Pages: 2
FaxBack:
11124
8/21/86 Straus
to Meyers
The Fertilizer Institute
K061 HW (emission control dust or sludge from primary production of steel in EAFs)
destined for use as fertilizer ingredient is subject to use constituting disposal regulations of
Part 266, Subpart C
Pages: 3
FaxBack:
11174
9/29/86 Claussen to Warren
Warren, Goldberg, Herman
and Lubitz
chlordane that has been applied to the land as a pesticide is not a SW because it has been
applied to the land in its normal, intended pattern of use; when soil contaminated with
chlordane is excavated, the soil is hazardous only if it exhibits a characteristic
Pages: 1
FaxBack:
11182
10/20/86 Straus
to Homer
Albright and Wilson, Inc.
36% phosphoric acid used as a wastewater conditioner is not a SW; if 36% phosphoric acid
is used to produce a fertilizer, it is not a SW provided it is purer in acid content and no more
contaminated than virgin phosphoric acid that is typically used; generator maintains burden
of proof
Pages: 2
FaxBack:
11185
8/12/87 Straus
to Citizen
zinc oxide sludge used to make fertilizer is used in a manner constituting disposal; if sludge
is reclaimed for metals recovery and fertilizer use, it is subject to the more stringent use
constituting disposal regulations when recycled
Pages: 2
FaxBack:
11275
8/12/87 Williams to Cox
AL Dept of Environmental
Management
zinc oxide (sludge) used to make fertilizer is a SW (use constituting disposal); sludge that is
reclaimed for metals recovery and fertilizer use is subject to the more stringent use
constituting disposal regulations when recycled
Pages: 2
FaxBack:
11276
-------
PART 261
SUB PART A 261.2(c)(l)
Page 68
12/4/95
9/9/87 Williams to Levin
Veisicol Chemical Coip. listed CCPs (chlordane and heptachlor pesticides) are products, not SW or HW when applied P»ge»: 6
to land in manner consistent with their normal use; spilled pesticides are considered discarded ff Jg.ack:
and can be P-or U-listed HW
6/6/88 Barnes to Tribble
American Cyanamid Co. under certain conditions (e.g., when producing a fuel or a fertilizer) materials that are used as Pages: 9
ingredients in manufacturing new products or as substitutes for commercial products are still ffi?~ ck:
SWandHW
6/15/88 Barnes to Yaori
Sumitomo Corp. of America slag material resulting from the reclamation of K061 that is used as aggregate in sub-base Pages: 11
course or sand material is a SW if used to produce a product that is placed on the land ck:'
8/9/88 - Barnes to Tribble
American Cyanamid Co. spent sulfuric acid reused as fertilizer ingredient is considered SW and HW subject to Part Pages: 2
266, Subpart C
11/28/88 Cochran to Norman
industrial Safety and Health acid components, sulfates, lead carbonates, and plastic chips removed from spent lead-acid
Consultants, inc. batteries that are used to produce fertilizer are examples of recyclable materials used in a
manner constituting disposal and are subject to Part 266, Subpart C
Pages: 9
FaxBack:
11383
12/7/88 Lowrance to Stapleton
Supleton Company plating waste (calcium phosphite and calcium sulfate) sent to be recycled into fertilizer
product is SW and HW subject to Part 266, Subpart C
Pages: 6
FaxBack:
11385
2/7/89 Lowrance to Gallaher
Allied Aircraft Sales. Inc. characteristically hazardous secondary material (dross by-product) used in the formation of a p»8es: 4
waste-derived product is a SW and HW and is regulated under Part 266, Subpart C until
formation of the product (see also §266.20(b))
-------
PART 261
SUBPART A 261.2(c)(l)
Page 69
12/4/95
3/27/89 Dellinger to Jones
Environmental Consulting
characteristic or listed sludges are considered S W at point of generation if destined to be
placed on the land or incorporated into products that will be placed on the land; interpretation
applies even if sludges are directly reused as ingredients in products destined for land
placement
Pages: 2
FaxBack:
11412
4/26/89 Lowrance
to HW Management
Division Directors
Regions I-X
F006 destined for use as an ingredient in aggregate, cement, or other products to be placed on Pages: 5
the land is regulated as HW from point of generation forward; products containing F006 that f?5?,?ck:
will be placed on the land are regulated SW and HW until §266.20(b) is satisfied
9/12/89 Straus to Ullrich
Region V
even if material reclaimed from K062 can serve as effective subsititute for CCP, it must
meet LDR treatment standards prior to placement on the land; iron sulfate by-product used as
an effective substitute for CCB becomes unregulated product unless it is to be used on the
land
Pages: 6
FaxBack:
11468
2/13/90 Lowrance to Duprey
Region VID
K061 used as ingredient in cement is a SW because cement is considered to be a product that
is typically applied to the land, and subject to Part 266, Subpart C; legitimacy of use of
K061 as an ingredient must be demonstrated
Pages: 13
FaxBack:
11491
8/13/90 Lowrance to Citizen
restrictions on use of UO as dust suppressant (SUPERCEDED: see Part 279)
Pages: 1
FaxBack:
11549
6/20/91 Lowrance to Hohman
Region I
soil contaminated with crude oil that is used in asphalt batching.is a SW since used in a
manner constituting disposal, unless crude oil is a normal ingredient in asphalt batching;
soil may be exempt under §261.4(b)(10)
Pages: 6
FaxBack:
11616
6/21/91 Bussard to Young
Whiteman, Osterman, and
Hinna
baghouse dust, when used as a product or when reclaimed into a product that is placed on the Pa8": 5
land is a SW; products reclaimed from K061 that are not placed on land are no longer wastes; ^f JB0ack:
legitimacy of recycling operation must be examined
11618
-------
PART 261
SUBPART A 261.2(c)(l)
Page 70
12/4/95
10/11/91 Lowrance to Bates
AR DepL of Pollution
Control and Ecology
characteristic sludge used to make fertilizer is SW, even if it is First sent to facility for lead P»8es: 8
reclamation; SW determination for recycled material is made at point of generation and must ff J??c'c:
account for entire recycling process, not only the first step
10/11/91 Lowrance to Kaul
NY DEC
characteristic sludge used to make fertilizer is SW, even if it is first sent to facility for lead Pag«: 4
reclamation; SW determination for recycled material is made at point of generation and must
account for entire recycling process, not only the first step
10/31/91 Silverman to Redington
Monsanto Co.
phosphoric acid from aluminum anodizing is not a SW when used in fertilizer manufacturing Pages: 10
FaxBack:
11651
6/17/92 Bussard to Cope
Industrial Compliance whether use of soil as landfill liner cover constitutes use in a manner constituting disposal is Pages: i
a site-specific determination that must be made at the Regional level
9/24/92 Clay to Hair
National Wildlife Federation firing of ammunition at shooting ranges is not waste disposal; interpretation applies to Pa§es: 2
expended cartridges and target fragments that fall to ground during shooting; cleanup of site
can be required by RCRA §§7002 and 7003 when imminent hazard exists
9/23/93 Denit to Jones
Environmental Consulting flue dust used in the production of a commercial fertilizer is a characteristic sludge used in a Page*: 2
manner constituting disposal and is a SW; SW determination made at point of generation FaxBack:
11/9/94 Bussard to Kulkami
Quantum Tech, L.L.C. secondary materials that are used in a manner constituting disposal, used to produce a fuel, or P»R"- 2
accumulated speculatively are SW
-------
PART 261
SUBPART A 261.2(c)(l)
Page 71
12/4/95
12/19/94 Bussan) to DiBella
Metals Recycling
Technologies Corp.
incorporating HW into animal feeds is generally not considered use constituting disposal
Pages: 2
FaxB.ck:
11932
261.2fcU21
Use As A Fuel
3/19/86 Williams to Citizen
mixtures of gas and water or oil and water are not regulated when burned as fuels because
they are considered off-specification fuel CCPs; virgin gas incinerated to recover energy is
not SW since gas is typically burned as a fuel
Pages: 6
FaxBack:
11138
6/9/87 Straus to Hubbard
U.S. Depi. of Army
"red water" (K047) used as a fuel is a SW
Pages: 4
FaxBack:
11253
7/22/87 Williams to Feigner
Region X
burning commercial fuels (e.g., kerosene, gasoline, and jet fuel) in open pit during fire Pages: 3
training exercise is use of product, not waste management; open burning of other chemicals
(UO and spent solvents) that are not commerical fuels is prohibited (and is also illegal HW
disposal)
8/31/87 Lowrance to Gingold
Envirosure
determination of sham burning (recycling v. burning for destruction) is dependent on Pa8es: 6
site-specific factors; blending of wastes with high and low Btu values does not change sham f"g4Ck:
character of subsequent burning (see also Part 266, Subpart H)
1/14/88 Williams to Sylvestri
Versir, Inc.
mixture of sand and unused hexachloroethane destined for use in incinerator trial burn is S W; Pfl8es: 2
since unused CCP hexachloroethane is U131 when discarded, mixture is U131 HW
-------
PART 261 SUBPART A 261.2(c)(2)
Page 72
12/4/95
7/31/88 Barnes to Haake
McDonnell Douglas
unused off-specification jet fuel is CCP normally used as fuel and is not SW when reclaimed P»g«; 2
to produce new fuel n 3«?ck:
7/31/89 Barnes to Haake
McDonnell Douglas
off-specification jet fuel destined to be reclaimed into new fuel product is not S W because Pa8es: 2
that is the material's original intended purpose
2/14/90 Lowrance to Feulner
CIBA - GEIGY Corp. cancelled pesticide used as fuel is considered a SW
Pages: 3
FaxBack:
11492
9/20/90 Lowrance to Fox
Heritage tank bottoms from fuel storage are still CCPs and not SW when made into fuels; tank Pages: 9
Remediation/Engineering, bottoms from refining process units are by-products and SW when destined for use in fuels;
refinery by-product to be made into lubricant is SW only if listed HW (see also
§§261.4(a)( 12) and 261.6(a)(3))
11561
9/20/90 Lowrance to Huber
Petroleum Marketers spilled petroleum products reclaimed from contaminated soil and used to produce fuels are not Paecs: 2
Association of America c\w FaxBack:
bW 11563
7/9/92 Lowrance to Chambers
McKenns and Cuneo coal tar distillate marketed for fuel use is a co-product
Pages: 2
FaxBack:
11677
11/25/92 Denit to Bozaan
Groundwater Technology free product (e.g., gasoline) that is normally used as a fuel and is recovered from GW table Pa8": 4
after spill is not SW when reclaimed to make fuel
-------
PART 261 SUB PART A 261.2(c)(2)
Page 73
12/4/95
12/30/92 Lowrance to Bremer
Region V
propellant mixture of butane and propane removed from aerosol cans is not SW when burned Pages: 4
for energy recovery because these propellants are normally used as fuels mr;ck:
6/2/93 Denit to Chambers
McKenna and Cuneo
disulfide oil (by-product) recycled as feedstock in sulfuric acid manufacture is unique in that it Pages: 2
provides both material value (sulfur content) and fuel value; based on all factors, EPA has
determined that disulfide oil recycled in this manner is not SW
11/4/93 Weddfe
to Ferguson
TX Natural Resource
Conservation Commission
light hydrocarbon wastestreams generated in production of a primary product may be either
by-product or co-product, depending on site-specific factors; by-products burned for energy
recovery are SW, while co-products are not; discussion of "clean fuels"
Pages: 3
FaxBack:
11793
4/15/94 Shapiro to Kinne
Interstate Natural Gas
Association of America
off-specification fuels such as natural gas condensate are not SW when burned for energy Pages: 2
recovery; clarification of sham burning for energy recovery; sale or use of low energy value ff 5?,aclc:
condensate as a motor fuel or fuel additive may constitute sham burning for energy recovery
7/11/94 Bussard to Gable
WV Division of
Environmental Protection
characteristic off-specification fuels (e.g., gasoline, kerosene, jet fuel, and diesel) are CCPs Pages: 2
and are not SW when burned for energy recovery because they are fuels; §261.2(c)(2)(ii)
applies to listed and characteristic CCPs; cleanup levels for spills of gasoline and other fuels
are site-specific
7/20/94 Shapiro to Ferguson
TX Natural Resource
Conservation Commission
heating value of secondary material inserted in sulfuric acid regeneration furnace determines if Pages: 3
activity is excluded use or reuse, or burning for energy recovery subject to Part 266, Subpart Fa*Back:
H; generally, waste with heating value at or above 5000 Btu/lb is considered to be burned as
a fuel
11/4/94 Shapiro to Hathcock
Laidlaw Environmental
Services (Recovery), Inc.
blending of HW to increase heating value for use as fuel is not prohibited; HW with heating
value less than 5000 Btu/lb burned for destruction, not energy recovery; resulting cement or
aggregate is waste-derived product unless facility documents energy contribution of low Btu
fuel
Pages: 2
FaxBack:
11883
-------
PART 261
SUBPART A 261.2(c)(2)
Page 74
J2/4/95
11/8/94 Shapiro to Kotlinski
CleanHarbon
Environmental Services,
Inc.
heating value of fuel no longer affects status of BIF, but may affect status of product created
in BIF; if BIF uses fuel with heating value less than 5000 Btu/lb, product is derived from
HW and is regulated if destined for land placement
Pages: 4
FaxBack:
11885
11/9/94 Bussaid to Kulkami
Quantum Tech, L.L.c. secondary materials that are used to produce a fuel burned for energy recovery, used in a
Pages: 2
manner constituting disposal, or accumulated speculatively are SW, regardless of whether the f?j5?ck:
material is directly reused
2/6/95 Petruska to Osbome
United Beechcraft, Inc.
off-specification fuels (e.g. gasoline, kerosene, jet fuel, diesel) are not SW when burned for
energy recovery because they are used for their intended purpose; manner in which fuels
become off-specification generally not relevant
Pages: 2
FaxBack:
11938
5/25/95 Shapiro to Spratlin
Region VII
"syngas" from gasification unit at Kansas petroleum refinery is fuel derived from F037,
K022, and K051, but is not subject to RCRA Subtitle C regulation due to §261.6(a)(3)(iv)
exemption for fuels created by refining oil-bearing HW during normal refinery operations
Pages: 2
FaxBack:
11905
261.2fcM31
Reclamation
5/6/93 Lowrance to Rankin
Olin Chemicals
term "when" as used in §261.2 does not apply to moment in time when recycling occurs,
but to point that material's ultimate disposition has been determined; materials that are not
SW "when" reclaimed are exempt from point of generation forward
Pages: 3
FaxBack:
11747
Bv-nrnducts Destined For Reclamation
6/6/85 Straus to Bzura
Madison Industries, Inc.
characteristically hazardous brass dross skimmings are by-products, not scrap metal, and thus p»g": 3
not a SW when sent for reclamation, provided materials are not speculatively accumulated;
applies to materials sent to both foreign and domestic reclamation facilities
-------
PART 261 SUBPART A 261.2(c)(3)
By-products Destined For Reclamation
Page 75
12/4/95
8/13/85 Straus to Gowen
TX Instrumenu, Inc.
unlisted (characteristic) solder drosses are considered by-products (not spent materials), and
thus are not SW when sent for reclamation
Pages: 2
FaxBack:
11101
4/2/86 Williams to Wassersug
Region ffl
spent carbon that contains a characteristic sludge or by-product is not a S W when destined for Pages: 6
reclamation; spent carbon that is defined as a spent material and that exhibits a characteristic f f ???clt:
of HW is a SW when reclaimed
6/9/87 Straus to Hubbard
U.S. Dept of Army any listed spent material, sludge, or by-product that is reclaimed and/or used as a fuel is
considered a SW and HW; "red water" used as a fuel is a S W
Pages: 4
FaxBack:
11253
10/16/87 Williams to Retallick
DE Dept. of Natural listed distillation bottoms ("polychlor material") from the production of chlorinated benzenes Pages: 4
Resources and a& by-products and are SW when reclaimed by thermal oxidation or hydrodechlorination (see f?;£?ck:
Environmental Control , * *~ . J J ^ 11297
also 4/21/88 letter, Lowrance to Simbaldi)
11/28/88 Cochran to Norman
industrial Safety and Health when reclaiming various components of lead-acid batteries, some of the wastes (i.e., Pages: 9
Consultants, Inc. characteristic by-products, scrap metals, and sludges) are not SW when reclaimed; regulatory
. status of reclaimed battery components
11383
4/2/89 Dellinger to Truitt
particles of chrome-coated zinc and charcoal (by-products) from galvanization process are not p»ge»: 2
S W when reclaimed f f 'Back:
11415
4/5/89 Barnes to Bzura
Old Bridge Chemicals characteristic "drove" (by-product) generated in brass industry is not SW when destined for Pages: 2
reclamation FaxBack:
11416
-------
PART 261 SUBPART A 261.2(c)(3)
By-products Destined For Reclamation
Page 76
12/4/95
7/20/89 Kidwell to Douglas
Electron Recovery Works characteristic by-products (solder skimmings) that are reclaimed are not SW
Inc.
Pages: 2
FaxBack:
11446
12/5/90 Bussaid to Wright
Bathgate, Wegener, non-listed (characteristic) by-products (solder skimmings) are not SW when reclaimed
Wouters, and Newmann
Pages: 2
FaxBack:
11572
4/23/91 Lowrance to Levy
Region I
applicability of LDR paperwork to recycled secondary materials depends on material's Pages: i
regulatory status; characteristic by-products and sludges that are reclaimed and scrap metal f?
-------
PART 261 SUBPART A 261.2(c)(3)
CCPs Destined For Reclamation
Page 77
12/4/95
CCPs Destined For Reclamation
8/9/85 Straus
to Hudson
U.S. Navy
propulsion fuel remaining in torpedo (after firing) that is contaminated with saltwater is a
CCP and not a spent material, and thus not a SW when sent for reclamation
Pages: 2
FaxBack:
11099
10/23/85 Straus
to Basseli
Lederle Laboratories
reclaimed methanol (99.5% purity) sent off site for further reclamation before use in
manufacturing process is more product-like than waste-like, thus not a SW and need not be
manifested; analogous to reclaimed metals that only have to be refined (see also 50 FR 634;
1/4/85)
Pages: 2
12/18/85 Straus
to Licht
Charles Licht Engineering
Associates, Inc.
gold, silver, or other precious metals that are reclaimed from a SW or HW that are suitable
for direct reuse or that only need refining before reuse are products, not wastes
Pages: 2
FaxBack:
11117
1/21/86 Straus
to Goldsmith
D.F. Goldsmith Chemical
and Metal Corp.
free-flowing, 99 % pure mercury is not SW; metals that are suitable for direct use, or that Pages: 2
only need to be refined to be usable are products, not wastes; any electrical switches, J1"8?ck:
instruments, scrap batteries, or other spent materials from which such pure mercury will be
reclaimed are SW
3/19/86 Williams to Citizen
mixtures of gas and water or oil and water are not regulated when reclaimed to produce fuels
because they are considered off-specification CCPs normally used as fuels; virgin gas
incinerated to recover energy is not S W since gas is typically burned as a fuel
Pages: 6
FaxBack:
11138
4/2/86 Straus
to Lataille
Mabbett, Capaccio, and
Associates, Inc
unused off-specification and broken thermometers are CCPs and not SW when reclaimed;
neither listed nor characteristic CCPs are SW when reclaimed
Pages: I
FaxBack:
11142
-------
PART 261 SUBPART A 261.2(c)(3)
CCPs Destined For Reclamation
Page 78
12/4/95
4/28/86 Straus
to WaOca
Region II
CCPs or mixtures of CCPs (e.g., methyl isocyanate and methylene chloride).reclaimed or p»g«: 2
used for intended purpose (e.g., in manufacturing process) are not SW, and not subject to ff i?7Ck:
regulation; mixture does not need to be manifested, receiving facility does not need a storage
permit
5/30/86 Straus
to Lawrence
Bethlehem Apparatus Co.. used mercury that is 99% pure and is destined for refining is not SW; used metals that are Pages: i
Inc.
suitable for direct use or reuse, or that only need to be refined before use, are product and not Ff?5?ck:
SW
7/31/88 Barnes
to Haake
McDonnell Douglas
unused off-specification jet fuel is CCP normally used as fuel and is not SW when reclaimed Pa8«: 2
to produce new fuel m«?clt:
11/2/88 Dellinger to Stone
GSX Chemical Services unused thermometer containing contaminated mercury is considered off-specification CCP Pa8es: 3
and thus not SW when sent for reclamation; broken thermometer that has been used is spent FfIBgack:
material and SW when sent for reclamation
2/13/91^ Lowrance to Ploch
CTDEP
unused batteries are CCPs and not SW when destined for reclamation; used batteries are spent Pa§es: 3
materials and SW when destined for reclamation; variance may be used to show that partially
reclaimed used batteries are not SW (see also 261.6(a)(3)(ii))
3/19/91 Bussard to Duncan
Appropriate Technologies used mercury that is 99% pure is considered product rather than SW because it is pure
enough to require only minor refining, rather than substantial reclamation, in order to be
useable
Pages: 1
FaxBack:
11590
6/14/91 Clay
to Buchman
Conoco, Inc.
mixture of petroleum fuel product and water is off-specification CCP and not SW when Pa8«: 6
destined for reclamation; if mixture is result of intentional mixing or purposeful FaxBack:
nonseparation of product and hazardous wastewater to avoid regulation, mixture may be SW
-------
PART 261 SUBPART A 261.2(c)(3)
Destined For Reclamation
Page 79
12/4/95
4/23/92 Lowrance to Allerton
TRW Vehicle S«fety
Systems, Inc.
undeployed airbag inflators that fail quality control program are off-specification CCPs and p"8es: 2
are not SW when reclaimed f"Lack:
1 loco
2/23/93 Lowrance to Kaul
NY DEC
EPA interprets nonlisted CCPs to include all types of unused commercial products that
exhibit HW characteristics, even if these products are not commonly considered chemicals
(e.g., circuit boards, batteries, etc.); unlisted CCPs sent for reclamation are not S W
Pages: 3
FaxBack:
11726
3/30/94 Bussard to Nebrich
Waste Technology Services, in general, wastes destined for reclamation (distillation) prior to use as ingredients are not
Inc eligible for direct reuse exemption; metals suitable for direct use or that only have to be
refined (rather than reclaimed) to be usable are products, not S W
Pages: 3
FaxBack:
11823
9/14/94 Bussard to Morishita
Environmental Agency
(Japan)
purity of phosphorus oxychloride remaining in bubbler canister indicates chemical is
"unused;" bubble canister is unused CCP being reclaimed and so is not a SW
Pages: 1
FaxBack:
11871
9/28/94 Bussard to Green
Applied Environmental
Services, Inc.
mercury switches taken out of service and reclaimed are spent materials and SW, regardless of Pa8es: 2
potential for further use; off-specification CCPs (pharmaceuticals) returned to manufacturer ffo?,fck:
are not SW until discarded
12/13/94 Petruska to Murdoch
Murdoch Consultation
Service
unused batteries sent for reclamation are CCPs being reclaimed, and so are not SW
Pages: 3
FaxBack:
11891
9/14/95 Petruska to Wtodarczak
GNB Battery Technologies unused off-specification lead plates from lead-acid battery production (i.e., nonlisted CCP) are Pa8«: '
not SW when reclaimed; if plates are used, they are spent materials and are SW when FaxBack:
reclaimed 11917
-------
PART 261 SUBPART A 261.2(c)(3)
Scrap Metal Destined For Reclamation
Page 80
12/4/95
Scran Metal Destined For Reclamation
2/13/85 Skinner to Merrigan
Madison Industries, Inc.
EPA has legal authority to regulate hazardous scrap metal destined for recycling under
Subtitle C and does classify it as SW; pending further study, scrap metal is exempt from
regulatory control when sent for reclamation
Pages: 3
FaxBack:
11057
8/9/85 Straus
to Lead
General Battery Corp.
mixtures of scrap metal (lead plates or battery cases) and other regulated recyclable materials Pages: 3
(lead oxides) must be managed as HW when sent for reclamation
11/28/88 Cochran to Norman
Industrial Safety and Health when reclaiming various components of lead-acid batteries, some of the wastes (i.e.,
Consultants, Inc. characteristic by-products, scrap metals, and sludges) are not SW when reclaimed; regulatory
status of reclaimed battery components
Pages: 9
FaxBack:
11383
10/30/90 Lowrance to Duprey
Region VIH
as long as UO removed from filter is to be recycled, crushing oil filter to remove used oil
falls within used oil recycling exemption of §§261.2(a)(2) and (a)(3) (SUPERCEDED: see
§§261.6(a)(4) and 279.10(c))
Pages: 3
FaxBack:
11566
9/26/91 Lowrance to Schaeffer
American Trucking
Associations
no HW determination necessary for oil filters destined for scrap metal recycling (see also
§261.4(bX13)); nonetheless, crushed oil filters are unlikely to exhibit TC
Pages: 2
FaxBack:
11643
9/21/94 Brandes to Downing
Fidelity Chemical Products
COTP-
determination of whether steel wool qualifies as scrap metal should be made by
implementing agency
Pages: 3
FaxBack:
11930
-------
PART 261 SUBPART A 261.2(c)(3)
Sludges Destined For Reclamation
Page 81
12/4/95
Sludges Destined For Reclamation
11/25/85 Straus
to Mahoney
Bridgeport Brass Corp. characteristic sludges are not SW when reclaimed
Pages: 2
FaxBack:
11113
4/2/86 Williams to Wassersug
Region in
spent carbon that contains a characteristic sludge or by-product is not a S W when destined for Pages: 6
reclamation; spent carbon that is defined as a spent material and that exhibits a characteristic f ????clt:
of HW is a SW when reclaimed
1/6/87 Straus
to Dufficy
National Association of
Photographic
Manufacturers, Inc.
residue in silver recovery units (including steel wool cartridges, electrolytic recovery cells,
and ion exchange resins) used to treat photographic wastewater could qualify as sludge; such
characteristic sludges sent for reclamation are not SW (see also Part 266, Subpart F)
Pages: 12
FaxBack:
11210
6/9/87 Straus
to Hubbard
U.S. Dept. of Army any listed spent material, sludge, or by-product that is reclaimed and/or used as a fuel is
considered a SW and HW; "red water" used as a fuel is a SW
Pages: 4
FaxBack:
11253
8/12/87 Straus
to Citizen
reclaimed zinc oxide sludge that is used to produce zinc sulfate is not a SW; if any material
recovered from the zinc oxide dust is sent for fertilizer use, the sludge is a SW and HW
subject to §§261.6(b) and (c)
Pages: 2
FaxBack:
11275
8/12/87 Williams to Cox
AL DepL of Environmental
Management
reclaimed zinc oxide sludge that is used to produce zinc sulfate is not a SW; if any material
recovered from the zinc oxide dust is sent for fertilizer use, the sludge is a SW and HW
subject to §§261.6(b) and (c)
Pages: 2
FaxBack:
11276
-------
PART 261
Sludges Destined
SUB PART A 261.2(c)(3)
For Reclamation
Page 82
12/4/95
4/6/88 Lowrance to Grant
Tomar Services, Inc.
smelting sludges to recover metals is reclamation; listed sludges destined for smelting are Pa8es: 8
SW and HW; characteristic sludges destined for smelting are not SW; listed sludges that have ff J5fck:
been dried and are destined for smelting are partially reclaimed and are SW unless variance is
obtained
6/15/88 Barnes
to Yaori
Sumitomo Corp. of America K061 that is reclaimed is a SW and HW; reclamation process itself is not regulated; mixture
may cease to be a SW as soon as it enters the load cell reactor where the reclamation is
taking place
Pages: II
FaxBack:
11353
11/28/88 Cochran to Norman
Industrial Safety and Health when reclaiming various components of lead-acid batteries, some of the wastes (i.e.,
Consultants, inc. characteristic by-products, scrap metals, and sludges) are not SW when reclaimed; regulatory
status of reclaimed battery components
Pages: 9
FaxBack:
11383
12/7/88 Lowrance to Stapleton
Supleton Company filter cake destined for reclamation that qualifies as a sludge and exhibits a characteristic is
not a SW; listed sludge cake is a S W when destined for reclamation; if cake is a spent
material it is a SW when destined for reclamation in all cases
Pages: 6
FaxBack:
11385
3/27/89 Dellinger to Jones
Environmental Consulting
characteristic sludges from air and water pollution control devices are not S W from point of
generation forward if sludges are destined for reclamation in a manner not involving
placement on land; generator must document claim that sludge is excluded from S W
definition
Pages: 2
FaxBack:
11412
4/26/89 Lowrance
to HW Management
Division Directors
Regions I-X
F006 destined for metals recovery smelter is regulated HW until it enters reclamation unit;
smelting or recovering metals from F006 is not subject to regulation (see also Pan 266,
Subpart H); slag residue is F006 via derived-from rule unless Bevill exclusion applies (see
also §261.3(c)(2X«i))
Pages: 5
FaxBack:
11426
4/23/91 Lowrance to Levy
Region I
applicability of LDR paperwork to recycled secondary materials depends on material's Pages: l
regulatory status; characteristic by-products and sludges that are reclaimed and scrap metal *?JB»ck:
that is recycled are not subject to LDR paperwork, while spent materials being reclaimed are
subject
-------
PART 261 SUBPART A 261.2(c)(3)
Sludges Destined For Reclamation
Page 83
IZ/4/95
4/29/93 Lowrance to Werbicki
Agmet Resource Recovery characteristic sludge (i.e., silver-containing wastewater treatment sludge) is not SW when p"8«: 2
reclaimed; definition of when reclaimed from 1/6/87 letter, Straus to Dufficy is still current; ^"Ju**1
secondary materials that are SW and HW when sent for silver recovery are subject to Part
266, Subpart F requirements
2/28/94 Shapiro to Donovan
Disposal Control Service. spent photographic fixer solution is a spent material, subject to regulation as precious metal Pa8ej: 3
Inc- when reclaimed; silver-bearing sludge precipitated from spent fixer is a newly generated waste ^a ~
that is not a SW when reclaimed, and so is not subject to Part 266, Subpart F
10/5/94 - Petruska to Dufficy
National Association of
Photographic
Manufacturers, Inc.
if silver recovery unit that is used to treat wastewater qualifies as a characteristic sludge, it is Pa§es: 6
not a SW when destined for reclamation m79Ck:
12/19/94 Bussard
to DiBella
Metals Recycling zinc oxide produced from recycling K061 can be a product no longer subject to RCRA or, in Pages: 2
Technologies Corp. cases where it will be further refined to make zinc, a partially-reclaimed listed sludge and a ffgr?ck
HW subject to regulation
12/20/94 Petruska to Monz
Updike, Kelly & Spellacy,
P.C.
baghouse dust (sludge exhibiting characteristic) that is fed to electrolytic metals recovery
process is not SW subject to RCRA Subtitle C regulation; baghouse dust is regulated as
sludge since it is generated from air pollution control facility
Pages: 2
FaxBack:
11933
6/30/95 Bussard to Crim
Miller, Canfield, Paddock
and Stone, P.LC.
smelting F006 sludge to recover metals is reclamation, not direct use or reuse; sludge is SW p"g«: 3
and HW prior to reclamation unless variance from definition of SW for partially-reclaimed ffgui0''
wastes needing further reclamation (§260.30(c)) is obtained
8/4/95 Petruska to Thompson
Eistman Kodak Co.
silver recovery units used to treat photo processing wastewaters are characteristic sludges, and Pa«es: '
so are not SW and are not subject to Part 266, Subpart F when sent for reclamation
-------
PART 261 SUBPART A 261.2(c)(3)
Sludges Destined For Reclamation
Page 84
12/4/95
8/10/95 Petniska to McCoy
CPICorp.
used silver-bearing photo fixer destined for reclamation is a spent material and SW; silver
recovery units destined for reclamation are characteristic sludges and not SW (see also 8/4/95
letter, Petniska to Thompson)
Pages: 2
FaxBack:
11914
Spent Materials Destined For Reclamation
7/16/85 Skinner to Seraydarian
Region IX
spent pickle liquor (K062) is spent material and SW when sent for reclamation; recovery of
ferrous chloride from spent pickle liquor is reclamation; fact that waste may be beneficially
used after reclamation does not affect its status as SW before and while being reclaimed
Pages: 2
FaxBack:
11093
10/29/85 Straus to Norwood
Olin Chemicals
spent alkaline etchant is spent material and SW when reclaimed, and is not eligible for
variance from SW definition; material reclaimed from etchant and used as raw material to
produce new etchant is no longer SW and is not subject to regulation
Pages: 2
FaxBack:
Mill
1/6/86 Straus to Robbins
Kohler Co.
foundry sands are spent materials and SW when reclaimed; once regenerated, foundry sands
are no longer SW and thus are no longer subject to regulation
Pages: 2
FaxBack:
11119
4/2/86 Williams to Wassersug
Region HI
spent carbon that contains a characteristic sludge or by-product is not a SW when destined for Pa8es: 6
reclamation; spent carbon that is defined as a spent material and that exhibits a characteristic f f f B3ack:
of HW is a SW when reclaimed
11/6/86 Straus
to Bzura
Old Bridge Chemicals, Inc.
used etchant destined for processing to produce copper sulfate solution is spent material
destined for reclamation and is SW
Pages: 6
FaxBack:
11192
-------
PART 261 SUBPART A 261.2(c)(3)
Spent Materials Destined For Reclamation
Page 85
12/4/95
12/4/86 Williams to Stringham
Region V
refractory bricks that are processed (i.e., crushed, ground, sized, and packaged) before use as
an ingredient in an industrial process are not SW; such processing activities are not
considered reclamation, and the bricks are eligible for the §261.2(e) exemption from SW
definition
Pages: 3
FaxBack:
11201
5/20/87 Straus to Russell
Russel Resources, Inc.
regulatory status of spent K062 pickle liquor (spent material) destined for reclamation is the p"ges: 5
same whether pickle liquor is sent off site or kept on site for reclamation; spent pickle liquor
directly reused without prior regeneration is not a SW per §261.2(e)
6/9/87 Straus to Hubbard
u.s. Dept. of Army any listed spent material, sludge, or by-product that is reclaimed and/or used as a fuel is
considered a SW and HW; "red water" used as a fuel is a SW
Pages: 4
FaxBack:
11253
7/21/88 Lowrance to Turner
Racon Refrigerants spent materials (e.g., refrigerants that have become contaminated through use) that are
reclaimed are SW; cylinders containing used refrigerants to be reclaimed are SW regardless of
whether or not material has been tested to determine if direct reuse is possible (sec also
§261.4(aX12»
Pages: 4
FaxBack:
11355
10/27/88 Lowrance to Wagoner
Region VII
listed rinsewater destined for filtering and reuse is a spent material and S W prior to Paees: 3
reclamation; EPA generally does not consider treated wastewater to be reclaimed "product;" in
certain cases, treated wastewater that is legitimately reused is considered "reclaimed" and loses
SW status
11/2/88 DeUinger to Stone
GSX Chemical Services
unused thermometer containing contaminated mercury is considered off-specification CCP
and thus not SW when sent for reclamation; broken thermometer that has been used is spent
material and SW when sent for reclamation
Pages: 3
FaxBack:
11378
4/14/89 Cochran to Oleszko
HazMat Environmental
Group, Inc.
used ignition tubes sent off site for mercury reclamation are spent materials and SW; if
mercury is removed from the tube on site and only mercury is sent for direct reuse or further
refining, mercury is product and not SW
Pages: 2
FaxBack:
11419
-------
PART 261 SUBPART A 261.2(c)(3)
Spent Materials Destined For Reclamation
Page 86
12/4/95
6/6/89 Cannon to Goodling U.s. House of
Representatives
used automotive parts and electronic devices which do not meet definition of scrap metal are
spent materials subject to regulation as SW prior to reclamation
Pages: 2
FaxBack:
11432
9/12/89 Straus to Ullrich
Region V
K062 that is reclaimed is not eligible for exclusion in §261.4(a)(7) because this activity does Page*: 6
not involve the production of virgin sulfuric acid; K062 is a spent material and a SW when ff jEfck:
reclaimed
7/16/90 Lowrance to Eschbom
DuPont Recovery
Management Systems
-used photographic fixer solution that is spent for customer's purposes is a SW when
reclaimed, even though it could be used by another person; electrolytic treatment filtration,
and fortifying of fixer solution are considered reclamation
Pages: 3
FaxBack:
11541
8/1/90 Bussard to Farley
McGuire, Woods, Battle,
and Boothe
EPA generally does not consider treated wastewater to be reclaimed product; in certain cases,
treated wastewater that is legitimately reused is considered reclaimed and loses SW status
Pages: 10
FaxBack:
11546
10/18/90 Petruska to Docket
EPAHQ
used refrigerant (spent material) is a SW when reclaimed; simple filtration is considered
reclamation (SUPERCEDED: see §261.4(b)(12))
Pages: 3
FaxBack:
11565
2/13/91 Lowrance to Ploch
CTDEP
unused batteries are CCPs and not SW when destined for reclamation; used batteries are spent Pa8es: 3
materials and SW when destined for reclamation; variance may be used to show that partially
reclaimed used batteries are not SW (see also 261.6(a)(3)(ii))
4/23/91 Lowrance to Levy
Region I
applicability of LDR paperwork to recycled secondary materials depends on material's
regulatory status; characteristic by-products and sludges that are reclaimed and scrap metal
that is recycled are not subject to LDR paperwork, while spent materials being reclaimed are
subject
p»g«:
-------
PART 261 SUBPART A 261.2(c)(3)
Spent Materials Destined For Reclamation
Page 87
12/4/95
2/28/94 Shapiro to Donovan Disposal Control Service,
Inc.
spent photographic fixer solution is a spent material, subject to regulation as precious metal Pag«: 3
when reclaimed; silver-bearing sludge precipitated from spent fixer is a newly generated waste F?5?4Iclt:
that is not a SW when reclaimed, and so is not subject to Part 266, Subpart F
3/24/94 Shapiro to Davis
Region VI
mercuric chloride catalyst taken out of service is a spent material when taken out of service,
regardless of contamination, and is thus a SW when sent for reclamation; clarification of
spent material
Pages: 2
FaxBack:
11821
3/24/94 Shapiro
to Hazardous Waste Regions l-x
Management Division
Directors
clarification of when a secondary material is a spent material; definition of contamination;
materials such as used lead-acid batteries, solvents, and mercury thermostats and switches are
spent materials when they go for reclamation, even if they can still be used for their original
purpose
p"gcs: 4
3/31/94 Petruska to Schwinn
Region DC
clarification of when a secondary material is a spent material; definition of contamination; Pages: 5
materials such as used lead-acid batteries, solvents, and mercury thermostats and switches.are ffo?fclt:
spent materials when they go for reclamation, even if they can still be used for their original
purpose
7/29/94 Bussard to Sahler
NY Gas Group
natural gas regulators that contain mercury are spent materials, and are SW when sent for
reclamation; used natural gas regulators may qualify as scrap metal once mercury and other
liquids have been removed
Pages: 2
FaxBack:
11860
9/28/94 Bussard tO Green • Applied Environmental
Services, Inc.
mercury switches taken out of service and reclaimed are spent materials and SW, regardless of p»8«: 2
potential for further use; off-specification CCPs (Pharmaceuticals) returned to manufacturer
are not SW until discarded
11/9/94 Bussard to Kulkami
Quantum Tech. L.L.C.
listed secondary materials sent for reclamation are SW and HW; spent materials that are
reclaimed are SW, subject to RCRA Subtitle C regulation; whether hazardous secondary
materials are "reclaimed" or "reused as ingredients" is a case-specific determination
Pages: 2
FaxBack:
11886
-------
PART 261 SUBPART A 261.2(c)(3)
Spent Materials Destined For Reclamation
3/8/95 Shapiro to Richter
American Foundry-men's screening foundry sand to remove bits and pieces of metal, clumps of sand, and other
Society residuals is reclamation; foundry sands destined for reclamation are spent materials and SW;
reclamation is exempt from regulation unless thermal treatment is involved
Page 88
12/4/95
Pages: 10
FaxBack:
11900
8/10/95 Petniska to McCoy
CPI Corp.
used silver-bearing photo fixer destined for reclamation is a spent material and SW; silver
recovery units destined for reclamation are characteristic sludges and not SW (see also 8/4/95
letter, Petruska to Thompson)
Pagej: 2
FaxBack:
11914
9/14/95 Petruska to Wlodarczak
GNB Battery Technologies
unused off-specification lead plates from lead-acid battery production (i.e., nonlisted CCP) are Pa«es: 1
not SW when reclaimed; if plates are used, they are spent materials and are SW when
reclaimed
261.2fcW41
Speculative Accumulation
12/4/86 Williams to Stringham
Region V
spent refractory bricks used as ingredients in production of new bricks are not S W unless
speculatively accumulated
Pages: 3
FaxBack:
11201
7/31/87 Williams to Kertcher
Region V
storage of flue dust (K061) that qualifies for the §261.2(e)(l)(i) use or reuse exemption from
the definition of SW is not regulated provided the flue dust is not speculatively accumulated
Pages: 4
FaxBack:
11271
5/26/88 Barnes
to Fbid
Sumffer Chemical Co.
spent sulfuric acid which is speculatively accumulated does not qualify for the exclusion in
§261.4(a)(7), and thus is a SW; materials accumulated in land-based units may leach into the
ground, and thus be considered disposed
Pages: 3
FaxBack:
11351
-------
PART 261
SUBPART A 261.2(c)(4)
Page 89
12/4/95
10/19/89 Abrams to Williams
U.S. Air Force
speculative accumulation does not apply to spent lead-acid batteries that are to be reclaimed P»g"J 2
or any other material that is already defined as S W (see also 8/95 MRQ)
5/6/93 Lowrance to Rankin
Olin Chemical)
secondary materials that are excluded from definition of S W based on claims of recyling will Pag": 3
no longer be exempt if materials are accumulated speculatively prior to recycling; f????°k
respondants must be able to document claims of legitmate recycling in accordance with
§261.2(0
11/9/94 Bussard to Kulkarni
Quantum Tech, L.L.C.
secondary materials accumulated speculatively, used to produce a fuel, or used in a manner Pages: 2
constituting disposal are SW ff JS?ck:
11886
261.
Inherently Waste-like Materials
4/21/88 Lowrance to Sinibaldi
Standard Chlorine of DE, due to health risks they pose, EPA intends to designate all materials introduced into halogen Pages: 22
Inc- acid furnaces (HAFs) as "inherently waste-like" even if materials are used as ingredients in
manner otherwise eligible for §261.2(e) direct use or reuse exemption
6/2/93 Lowrance to Owens
Borden Chemicals and
Plastic
EPA designates all hazardous material fed to halogen acid furnaces (HAF) as inherently
waste-like, since HAFs necessarily destroy toxics in addition to recovering materials or
energy recovery; Valorization of Chlorinated Residuals unit is a HAF and thus is industrial
furnace subject to BIF rules
Pages: 6
Use / Reuse
-------
PART 261
SUBPART A 261.2(e)
Page 90
12/4/95
2/13/85 Straus
to Bzura
Madison Industries, Inc.
baghouse flue dust and zinc oxide sludge are not SW when used as raw materials in the p»g«: '
manufacture of zinc chemicals provided they are not speculatively accumulated or used in a
product that is placed on the land; characteristic sludges reclaimed to recover zinc are not SW
6/5/85 Skinner to Scarbrough
Region IV
spent pickle liquor that is directly used or reused as a wastewater conditioner (ferric chloride Pages: 3
substitute) is not a SW provided the material is not speculatively accumulated; use as a water
conditioner is not used in a manner constituting disposal
6/6/85 Straus
to Bzura
Madison Industries, Inc.
material used or reused as an ingredient in a product is not a SW, provided the material is not Pages: 3
speculatively accumulated, used to produce a fuel, or used in a manner constituting disposal f?A?fck:
I lUoJ
7/1/85 Straus
to Quinlan
Evans. Kitchel, and Jenckes, secondary materials that are bona fide products (used as ingredients/ substitutes) are not S W Pases: 2
RC when temporarily stored on the land, unless accumulated speculatively; "abandoned" means
thrown away; leakage from temporary storage unit could be disposal, making the material a
SW
7/16/85 Skinner to Seraydarian
Region DC
use of spent pickle liquor in the production of ferric chloride is not eligible for use or reuse Paees: 2
exclusion in §261.2(e) because spent pickle liquor is first being reclaimed; recovery of usable
ferrous chloride from spent pickle liquor is considered reclamation
2/25/86 Williams to Volz
McKenna, Conner and
Cuneo
metal torpedo components which must be decontaminated before reuse are not exempt under Pag«: 3
§261.2(e), because they must first be regenerated before reuse; instead, such components are ff ?B4ack:
scrap metal, which is exempt from regulation when sent for reclamation
-------
PART 261 SUBPART A 261.2(e)
Page 91
12/4/95
5/12/86 Williams to Blackburn
Travenoi Laboratories, inc. corrosive materials (deionization acid) that are beneficially reused as effective substitutes for a Pag«: 10
virgin material are not S W; retroactive application of exclusions from the definition of S W f ?? if ck:
8/18/86 Straus to Andrews
industrial and Agricultural spent pickle liquor that is used or reused as defined in §261.1 (c)(5) is not a S W
Chemicals, Inc.
Pages: 1
FaxBack:
11171
10/20/86 Straus
to Homer
Albright and Wilson, inc. phosphoric acid reused as a wastewater conditioner is not a S W
Pages: 2
FaxBack:
11185
11/6/86 Straus
to Bzura
Old Bridge Chemicals, Inc. spent etchants (copper chloride and copper ammonium chloride) that are reused as raw
materials in the manufacture of various copper salts are not SW, provided no reclamation
occurs before reuse
Pages: 6
FaxBack:
11192
12/4/86 Williams to Stringham
Region V
spent refractory bricks reused to make new bricks are not SW unless speculatively
accumulated; processing (briquetting, crushing, repackaging) that does not recover material
values is not reclamation; if direct reuse exemption applies, status as spent material or
by-product irrelevant
Pages: 3
FaxBack:
11201
3/31/87 Straus to Miner
Region V
spent pickle liquor (K062) reused as neutralizer may not qualify for direct reuse exemption
from SW definition depending on several site-specific factors; spent pickle liquor stored
without being used for neutralization is clearly SW
Pages: 3
FaxBack:
11232
5/20/87 Straus to Russell
Russel Resources, Inc.
pickle liquor is not a S W when reused without prior regeneration and when used as an
effective substitute for a CCP
Pages: 5
FaxBack:
11250
-------
PART 261
SUBPART A 261.2(e)
Page 92
12/4/95
6/9/87 Straus to Hubbard
U.S. DepL of Army
"red water" (K047) that is recycled does not qualify for use or reuse exclusion because sodium P«g«: 4
sulfite is recovered from the red water before it is reused; using red water as a fuel renders it
ineligible for the use or reuse exclusion
7/31/87 Williams to Kertcher
Region V
flue dust (K061) mixed with sodium silicate binder and pressed into briquettes is not SW if Pages: 4
directly reused in steel production process provided no reclamation takes place (briquctting is ^
not reclamation)
9/4/87 Williams to Kertcher
EPAHQ
coal tar decanter sludge (K087) used to produce coke does not qualify for §261.2(e)(l)(iii) Pages: 5
exemption because it is used to produce a fuel moo**-
9/15/87 Scarberry to Taylor
Region VI
spent acid used as a flocculant in irrigation water is directly used as water conditioner and is Pages: i
not
not
FaxBack:
3/22/88 Lowrance to Bzura
Old Bridge Chemicals, Inc. copper chloride and copper ammonium chloride byproducts that are directly used (i.e.. Pages: 2
without prior reclamation) in the production of copper sulfate and copper hydroxide are not
SW if material is not speculatively accumulated and if activity is legitimate recycling
4/6/88 Lowrance to Grant
Tomar Services, Inc.
smelting wastewater treatment sludges to recover metals is reclamation; sludges destined for Pages: 8
smelting not eligible for §261.2(e) reuse exemption; listed sludges (F006) destined for
smelting are SW and HW; characteristic sludges destined for smelting are not SW
4/21/88 Lowrance to Sinibaldi
Standard Chlorine of DE, chlorinated by-product reused as ingredient in chlorinated feedstocks and muriatic acid is not Pages: 22
J"0- SW provided no burning, reclamation, disposal, or speculative accumulation is involved ^"B"ck:
(SUPERSEDED: see 56 FR 7134; 2/21/91)
-------
PART 261
SUBPART A 261.2(e)
Page 93
12/4/95
6/6/88 Barnes to Tribble
American Cyanamid Co.
hazardous secondary materials (spent sulfuric acid) used as ingredients in production of new
products, or as substitutes Tor commercial products are not S W; under certain conditions
(e.g., when producing a fuel or a fertilizer) materials are still SW and HW
Pages: 9
FaxBack:
11352
6/15/88 Barnes to Yaori
Sumitomo Corp. of America K061 run through a process associated with primary steel production may not be a SW
provided it is returned to the original process from which it was generated, it is not
accumulated speculatively, and it is not used to produce a product that is placed on the land
or burned for energy recovery
Pages: 11
FaxBack:
11353
7/31/88 Barnes , to Haake
McDonnell Douglas
using off-specification jet fuel to produce new fuel is reclamation of CCP, not direct use or
reuse; such CCPs are not SW when destined for incorporation into fuels, as this is their
original intended purpose
Pages: 2
FaxBack:
11360
8/9/88 Barnes to Tribble
American Cyanamid Co.
if secondary use of sulfuric acid has the same purpose as primary use (e.g., once-used sulfuric Pa8es: 2
acid can be directly reused in same or another alkylation reaction), the once-used sulfuric acid ff J?.aclc:
may be exempt from definition of SW under §261.2(e)
2/7/89 Lowrance to Gallaher
Allied Aircraft Sales, Inc.
aluminum dross reused in manufacture of cement is not a SW if it is not reclaimed, if it is
an effective substitute, and if the product formed is not placed on the land; if cement will be
placed on the land, material will be SW and HW subject to Part 266, Subpart C; discussion
of sham recycling
Pages: 4
3/27/89 Dellinger to Jones
Environmental Consulting
characteristic sludge directly used or reused to make fertilizer or other product destined for
land placement is not eligible for §261.2(e) exemption from definition of SW; such sludges
destined to be used in manner that constitutes disposal are SW from point of generation
forward
Pages: 2
FaxBack:
11412
4/26/89 Lowrance to HW Management
Division Directors
Regions I-X
F006 destined for direct reuse as ingredient in aggregate, cement, or other products to be
placed on land is a HW and subject to Part 266, Subpart C unless 266.20(b) is satisfied;
. P006 is not SW or HW if directly reused as legitimate ingredient in product not placed on
land
Pages: 5
FixBack:
11426
-------
PART 261
SUBPART A 261.2(e)
Page 94
12/4/95
6/16/89 Straus to Lodkk
North Coast Associates, inc. spent abrasives from sandblasting used as an ingredient in Portland cement are S W because p«g«: 2
they are used to produce a product that "will be, or is likely to be, placed on the land"
7/31/89 Barnes to Haake
McDonnell Douglas
reprocessing of off-specification jet fuel is reclamation rather than use as an ingredient in an Pag": 2
industrial process; off-specification jet fuel that is processed to produce product fuel is not a
SW because burning is its intended purpose
8/23/89 Lowrance to Philipp
Enviroscience, Inc.
in order for slag residue derived from processing of F006 and destined for use in aggregate to Pages: 3
qualify as legitimately recycled, slag must be analogous to normal feedstock it is replacing;
technical feasibility of using slag as substitute does not mean slag recycling is necessarily
legitimate
9/12/89 Straus to Ullrich
Region V
K062 that is being reclaimed before reuse is not eligible for §261.2(e) exclusion from the
definition of SW; exclusion also does not apply if use or reuse activity involves use
constituting disposal
Pages: 6
FaxBack:
11468
2/13/90 Lowrance ' to Duprey
Region VID.
K061 is not eligible for direct use or reuse, exemption and is a SW when used as an Pages: 13
ingredient in the manufacture of cement because cement is a product that is typically applied
to the land
7/16/90 Lowrance to Eschbom
DuPont Recovery
Management Systems
"continued use" of used photographic fixer solution
Pages: 3
FaxBack:
11541
8/1/90 Bussard to Farley
McGuirc, Woods, Battle.
and Boothe
EPA generally does not consider treated wastewater to be reclaimed "product;" in certain
cases, treated wastewater that is legitimately reused loses SW status
Pages: 10
FaxBack:
11546
-------
PART 261
SUBPART A 261.2(e)
Page 95
12/4/95
8/13/90 Lowrance to Citizen
restrictions on use of UO as dust suppressant (SUPERCEDED: see §279.12(b))
Pages: 1
FaxBack:
11549
12/21/90 BussanJ to Bouse
Pacific Basin Resources
K048-K052 filter cake used as ingredient in cement is a SW and HW because it is used to
produce a product that is applied to the land; sham recycling discussion
Pages: 3
FaxBack:
11573
2/15/91 Bussard to Blake
Swidler and Berlin use of hazardous wastewater as ingredient (quenchwater and slurry water) in cement
production may be regulated treatment, not exempt recycling; determination of sham v.
legitimate use based on whether hazardous constituents in wastewater are necessary to
production process
Pages: 2
FaxBack:
11585
6/5/91 Lowrance to Duprey
Region VIQ
characteristic UO used as a substitute ingredient for diesel in ANFO explosive may be sham
recycling; if UO is not a legitimate ingredient, mixing with ammonium nitrate is treatment,
and the mixture, when exploded, may be subject to OB/OD regulations of §265.382
Pages: 3
FaxBack:
11613
6/21/91 Bussard to Young
Whiteman, Osterman, and
Hanna
baghouse dust, when used as a product or as an ingredient in a product that is placed on the
land, is a SW and is not eligible for §261.2(e) exclusion; legitimacy of recycling operation
must be examined
Pages: 5
FaxBack:
11618
7/23/92 Bussard to Duprey
Region VIH
rinsewater from aluminum anodizing reused as source of phosphorous in fertilizer
manufacture is not a SW if it is purer in acid content, and no more contaminated than virgin
phosphoric acid that would normally be used (see also 6/4/86 letter, Silverman to
McCaskill)
Pages: 1
FaxBack:
11682
12/1/92 Denit to Guerry
CbDier, Shannon, Rill and
Soon
EAF dust (K061) used as ingredient in grit for abrasive blasting, roofing granules, or
ceramics is not SW as long as dust is not used in a manner that constitutes disposal
Pages: 2
FaxBack:
11714
-------
PART 261
SUBPART A 261.2(e)
Page 96
12/4/95
3/30/94 Bussard to Nebrich
Waste Technology Services, metals suitable for direct use or that only need refining are products, not wastes; waste going p»8es: 3
Inc- for reclamation (distillation) prior to use as ingredient would not qualify for direct reuse
exemption
7/11/94 Petruska to Amour
Amour Hydro Press, inc. outdated resins qualifying as off-specification CCPs are not SW when reclaimed or directly Pages: 2
reused as feedstock in industrial process
7/20/94 Shapiro to Ferguson
TX Natural Resource
Conservation Commission
heating value of secondary material inserted in sulfuric acid regeneration furnace determines if Pages: 3
activity is excluded use or reuse, or burning for energy recovery subject to Part 266, Subpart ff J?)?ck:
H; generally, waste with heating value at or above 5000 Btu/lb is considered to be burned as
a fuel
10/5/94 Petruska to Dufficy
National Association of
Photographic
Manufacturers, Inc.
used metals suitable for direct reuse or that only need refining to be usable are not SW; 98%
pure silver flake recovered from photo processing and sent to be refined to 99.99% purity is
commodity-like and is not SW
Pages: 6
FaxBack:
11879
11/9/94 Bussard
to Kulkarni
Quantum Tech, L.L.C.
secondary materials used as ingredients are excluded from definition of SW at point of
generation, thus any subsequent management is not subject to regulation under Subtitle C;
whether hazardous secondary material is reclaimed or used as an ingredient is case-specific
Pages: 2
FaxBack:
11886
3/8/95 Shapiro to Richter
American Foundrymen's
Society
spent foundry sand destined for direct reuse as fluxing agent in primary copper smelting is
not SW; screening foundry sand to remove metal pieces and other residuals is reclamation;
sand destined for reclamation is spent material and SW
Pages: 10
FaxBack:
11900
6/30/95 Bussard
to Crim
MiUer, Canfield, Paddock
and Slone, P.LC.
smelting F006 sludge to recover metals is reclamation, not direct use or reuse; dewatered
F006 sludge is SW and HW prior to reclamation unless variance from definition of SW for
partially-reclaimed wastes needing further reclamation (§260.30(c)) is obtained
Pages: 3
FaxBack:
11910
-------
PART 261 SUBPART A 261.2(f)
Page 97
12/4/95
26L2O1
Documentation Of Recvclins Claims
4/21/88 Lowrance to Sinibaldi
Standard CHorine of DE. even if recycled waste is exempt from definition of SW and RCRA Subtitle C regulation
Inc- under §261.2, generator must be able to provide supporting documentation according to
§261.2(0
Pages: 22
FaxBack:
11342
3/27/89 Dellinger to Jones
Environmental Consulting generator must document claim that characteristic sludges from air and water pollution
control devices destined for reclamation are not S W from point of generation forward
Pages: 2
FaxBack:
11412
8/23/89 Lowrance to Philipp
Enviroscience, Inc. all persons claiming that materials being recycled are not SW must be able to document in Pages: 3
enforcement actions that there is a known (not potential) market for the recycled material
5/23/90 Lowrance to Bergeson
Fox, Weinberg. and Bennett persons maintaining that used batteries destined for recycling are not SW must be able to Pages: 3
document claims according to §261.2(f) : P"Back:
11/25/92 Denit to Bozaan
Groundwater Technology generalized assertion that material is being recycled may not satisfy requirement to document Pages: 4
claims that material is exempt from definition of SW FaxBack:
2/23/93 Lowrance to Kaul
NY DEC
persons claiming that nonlisted CCP being reclaimed is not SW retain burden of proving Pa8«: 3
that recycling is legitimate FaxBack:
3 * 6 • .11726
-------
PART 261
SUBPART A 261.2(f)
Page 98
12/4/95
5/6/93 Lowrance to Rankin
Olin Chemicals
generators and recyclers who claim that material to be reclaimed is not a SW must be able to p»8es: 3
document legitimacy of all claims in the event of an enforcement inquiry f 1747 ck:
4/18/94 Petruska to Preheim
Mineral Bureau, Inc.
generator retains burden of proof when claiming imported material is not S W or is
conditionally exempt from regulation
Pages: 1
FaxBack:
11832
26_L2ial
Mixture Rule
11/18/80 Dietrich to Reynolds
Gold Mist, Inc.
mixture created by rinsing listed CCP from container with washwater is HW via mixture Pages-, i
rule; container rinsewater is SW because it is discarded
4/10/84 Skinner to Wagoner
Region VII
regulatory status of precipitation runoff from active and inactive HW management units; Pages: 7
distinctions between precipitation runoff and mixtures of precipitation with HW or HW
leachate (see also state or Region on their implementation of precipitation runoff exemption)
4/29/85 McGraw to Wallop
U.S. Senate
mixing HW with nonhazardous waste does not mean resulting mixture is nonhazardous; Pasc!: 1°
diluting HW with large volume of nonhazardous diluent is generally not reasonable treatment
option (see also §268.3)
6/10/85 Claussen to SW Branch Chief Region v
EPA uncertain about applicability of mixture and derived-from rules to petroleum refinery Pages: 6
wastewater ponds involving listed HW (SUPERCEDED: see 8/23/85 letter, Skinner to mm"*'
Regions and 7/5/91 letter, Lowrance to Waste Management Division Directors)
-------
PART 261
SUBPART A 261.3(a)
Page 99
12/4/95
7/22/85 Skinner to Hathaway
Region VI
pesticide residue left on an aircraft used to apply the pesticide is not a discarded CCP because
it has been used (it has been released into the environment as a result of use) (see also
12/15/92 letter, Lowrance to Rodriguez)
Pages: 2
FaxBack:
11096
8/23/85 Skinner to Regions
Regions I-X
mixture rule would apply to mixture in a wastewater treatment system of wastewater and a
waste which is derived-from a listed petroleum HW; supernatant from proper dewatering of
listed petroleum wastewater treatment sludge may not be HW via derived-from rule
Pages: 14
FaxBack:
11102
12/13/85 Williams to Seraydarian
Region DC
airplane washwater is not a HW via the mixture rule because pesticide residue left on aircraft
is not a discarded CCP (it is considered used) and therefore not a listed HW; washwaters may
be HW if characteristic
Pages: 2
FanBack:
11115
1/23/86 Williams to Stringham
Region V
sediments in lakes and harbors contaminated with waste illegally discharged to surface waters
are not HW via the mixture rule because sediments not normally SW; sediments could be
regulated as listed HW via contained-in policy; unpermitted discharge can be illegal HW
disposal
Pages: 9
FaxBack:
11125
4/23/86 Williams to Devine
Region IV
water used to transport listed spent activated carbon to treatment process may not be HW via P"g«: 2
mixture rule or contained-in policy if Part 261, Appendix VIII constituents have not desorbed ff?B.?clt:
into water from carbon and if carbon solids are not discharged with water
4/30/86 Williams to Wagoner
Region VII
EPA is considering an exemption for scrap metal mixed with UO (see see also
§§261.4(b)(13) and 279.10(c))
Pages: 2
FaxBack:
11150
5/30/86 Williams to Rambo
National Pest Control
Association, Inc.
truck and service vehicle wash rinsewater contaminated with pesticide residue from ground
application of the pesticide is not HW via the mixture rule; the rinsewater is HW only if it
. exhibits a characteristic (see also 7/22/85 letter. Skinner to Hathaway)
Pages: 2
FaxBack:
11160
-------
PART 261
SUBPART A 261.3(a)
Page 100
12/4/95
7/3/86 Williams to Lardieri
Scott Paper Co.
disposable or reusable rags and wipers are HW if used to clean up characteristic HW and they Pages: 4
exhibit a characteristic or if used to clean up listed waste, and are subject to Subtitle C when f??F/ck:
destined for disposal or laundering (SUPERCEDED: see 2/14/94 letter, Shapiro to Regions)
8/22/86 Straus to Mandel
Jenner and Block hydraulic equipment contaminated with UO during quality control testing conducted prior to Paees: 1
sale and distribution is not subject to the mixture rule because the equipment is a product and f??B/ck:
notaSW
8/28/86 Williams to Zellmer
WI DNR
EPA is considering petition to exempt solvent-contaminated, disposable, industrial wipers Pages: 3
from the definition of HW under the mixture rule (SUPERCEDED: see 2/14/94 letter, ff?B,ack:
. . • II176
Shapiro to Regions)
10/21/86 Straus to Berry
Baker and Potts
if mixture of unused PCP formulation (F027) and used PCP formulation is spilled, disposed, Pag«: 3
or intended for disposal, mixture is F027 via mixture rule
1 1 I o /
2/9/87 Williams to Dietrich
ICF Technology
pallets, glassware, gloves, boots, coveralls, aprons, and rags contaminated with listed waste Pa8«: '5
during use are not HW via mixture rule, but contain listed HW and must be managed as such
until listed waste is removed (see also §268.45 and 2/14/94 letter, from Shapiro to Regions)
2/19/87 Straus to Hemker
QSource Engineering. Inc. adding pure or commercial grade F-listed solvent to ink, paint, adhesive, or glue as ingredient Pa8«:
does not trigger spent solvent HW listings; mixture of listed spent solvent HW and product
destined for discard carries F-listings via mixture rule
1/14/88 Williams to Sylvestri
Versar, Inc.
mixture of sand and unused hexachloroethane destined for use in incinerator trial burn is SW; Pages: 2
since unused CCP hexachloroethane is U131 when discarded, mixture is U131 HW
-------
PART 261
SUBPART A 261.3(a)
Page 101
12/4/95
10/27/88 Lowrance to Wagoner
Region VII
rinsing nonempty containers that held P- or U-listed pesticide CCPs renders rinsate listed
HW
Pages: 3
FaxBack:
11374
1/3/89 Lowrance to Fields
EPAHQ
mixture rule does not apply to personal protective equipment (PPE) and clothing
contaminated with HW because such articles are not SW when contaminated; PPE and
clothing could be subject to HW regulation through contained-in policy
Pages: 2
FaxBack:
11387
6/19/89 Cannon to Jorling
NYDEP
wastes that are listed due to mixture or derived-from rules can be made nonhazardous only by Pages: 3
delisting; risk-based showing that waste no longer contains hazardous constituents can
remove listing from contaminated media, but not process wastes mixed with or derived from
HW
8/2/89 Lowrance to Uremovich"
Terminal Technologies. Inc. K049, K051, or K052 can only be generated at refinery, but residues from these wastes Pages: 2
handled at off site location (bulk fuel terminal) are still listed; discharge of residuals from ffS?? ck:
K049 storage to oil-water separator could make resulting sludge listed via derived-from and
mixture rules
8/11/89 Lowrance to Constantelos
Region V
sediment from lakes and harbors contaminated with HW illegally discharged to surface waters
is not HW via mixture rule because sediment is not SW; depending on circumstances
sediment can be listed or characteristic HW via contained-in policy
7/5/91 Lowrance
to Waste Management
Division Directors
Regions I-X
petroleum wastewater separation sludges; liquid from which a listed sludge is generated is not ?3K" 9
. itself a listed waste via the mixture rule unless the sludge is mixed with the liquid (e.g.,
sludge is scoured upon introduction of waste to the unit)
3/7/95 Friedman to Hill
Region I
HHW mixed with regulated HW no longer benefits from HHW exclusion and would be
subject to all applicable Subtitle C regulations
Pages: 6
FaxBack:
11898
-------
PART 261 SUBPART A 261.3(a)
Product Carryover vs. Hazardous Waste Mixture
Page 102
12/4/95
Product Carryover vs. Hazardous Waste Mixture
10/15/85 Poppiti to Friedman
PADNR
when parts (dies) are removed from salt bath and rinsed, salt bath residues that carry over
from part to rinsewater are not F011 and do not render rinsewater listed via mixture rule
Pages: 1
FaxBack:
11107
11/7/86 Williams to Winslow
Sandoz Crop Protection
Corp.
F-listings and mixture rule generally do not apply to solvent-containing process wastewaters, Pa8es: 6
which typically become contaminated with solvents before those solvents are "spent" and
meet listing: mixtures of F001-F005 HW and wastewaters are typically listed via mixture
rule
11/24/86 LeBleu-
Biswas
to Young
Whiteman, Osterman, and
Hanna
carryover of cyanide-bearing plating and stripping solutions to rinsewater baths during
normal electroplating process does not make rinsewater F007 or F009 via mixture rule;
spent rinsewaters and listed spent baths mixed after removal from plating process are listed
via mixture rule
Pages: 1
FaxBack:
11198
7/28/87 Straus
to Schiffman
NJDEP
if drops of stripping or cleaning solution (F009 when spent) on a part are carried over to
rinsewater during normal electroplating process, rinsewater is not considered F009 via
mixture rule; sludges from treatment of rinsewater could be F006
Pages: 4
FaxBack:
11269
8/25/87 Straus
to Harer
CHEM-CLEAR
if metal parts are cleaned using solvent containing over 10% trichloroelhylene (TCE) and Pages: 2
then rinsed with caustic solution, traces of TCE remaining on part and carried over into rinse
are not F-listed; caustic rinse is therefore not listed via mixture rule, but could be
characteristic
10/26/87 Williams to Senna
International Flavors and
Fragrances, Inc.
oil and trace solvents that remain in reactor vessel following washing with acetone, ethyl
acetate, and xylene do not meet spent solvent definition; subsequent soap and water washout
is process wastewater containing solvent constituents and is not F003 via mixture rule
Pages: 2
FaxBack:
11300
-------
PART 261 SUBPART A 261.3(t)
Product Carryover vs. Hazardous Waste Mixture
Page 103
12/4/95
12/16/87 Williams to Pace
Hogan and Haruon toluene used as carrier in manufacturing is used as solvent and F-listed after it is spent and
separated from product; however, when iron filter cake containing trace toluene levels is
separated from product, solvent on cake is not F-listed and does not render cake listed via
mixture rule
Pages: 7
Fax Back:
11311
4/7/88 Lowrance to Wagoner
Region VII
carryover of cyanides from plating or cleaning bath to rinsewater during normal
electroplating process does not render rinsewaters listed via mixture rule
Pages: 6
FaxBack:
11339
12/6/88 Barnes to Moretta
Region V
F001-F005 solvents used as carriers, extractants, etc. are listed HW when separated from
process in which they were used; but other wastestreams (e.g., extracted wastewaters) that
picked up trace solvents during process are not F001-F005 or listed via mixture rule once
separated from process
Pages: 2
FaxBack:
11384
6/28/89 Barnes to Wilson
EPAHQ
when listed solvent is used to extract aqueous liquid from liquid product stream, solvent is
listed when spent and removed from process; extracted aqueous wastestream which picked up
trace amounts of solvent during extraction step is not F001-F005 or listed via mixture rule
Pages: 9
FaxBack:
11437
7/10/89 Barnes to Belden
USPCI
if metal part is degreased in F001-F005 solvent and then ground with sand, resulting metal
and sand waste containing traces of solvent is not F001-F005 or listed via mixture rule;
metal and sand waste considered process waste contaminated with solvent that was not
"spent"
Pages: 1
FaxBack:
11440
7/21/89 Barnes to Schiffman
NJDEP
when toluene is used as solvent in production process and toluene is recovered, trace qualities P«B«: 4
of toluene found in facility washwaters would not normally be F-listed spent solvent and FaxBack:
would not render all facility wastewaters and wastewater sludges hazardous via mixture rule
8/30/91 Lowrance to Duprey
Region
solvent carryover, when metal part is cleaned using F-listed solvent, then is air dried and
blasted, blasting grit containing trace levels of solvent is not F001-F005 or listed via
mixture rule; if solvent was used in excessive amounts during initial cleaning, solvent in
grit could be F-listed
Pages: 12
FaxBack:
11638
-------
PART 261 SUBPART A 261.3(a)
Product Carryover vs. Hazardous Waste Mixture
Page 104
12/4/95
10/20/92 Bussaid to Boyle
Region V
toluene used as reaction medium (to carry ingredients into production process) may be F005 p»8es: 2
HW when spent and separated from final product, but other wastes separated from final mm ck:
product that picked up trace solvents during process are not F001-F005 or listed via mixture
rule
6/1/94 Shapiro to Hiley
Goodwin. Proctor, and Hoar EPA has not established numerical levels for solvent contamination in nonhazardous
manufacturing process wastes that trigger HW regulation; if listed solvent HW in any
amount is mixed with other SW, mixture is listed (see also §261.3(a)(2)(iv) exemption)
Pages: 2
FaxBack:
11839
Mixtures Involving Wastes Listed Solely For Characteristics
10/7/85 Straus
to Fox
Jones, Day, Reavis and mixture of SW and waste listed solely for characteristic is not HW if mixture (or ash from
Posue burning mixture) is not characteristic (see also §268.3)
Pages: 2
FaxBack:
11106
1/7/86 Straus
to Rose
Region VI
mixture of SW and HW listed solely for exhibiting characteristic is not HW if mixture does Pa8es: 2
not exhibit characteristic (see also §§261.3(a)(2)(iii) and 268.3); mixture of SW and waste p^,ack:
•'-'-•* for reasons other than exhibiting a characteristic is HW via mixture rule until delisted
listed
3/21/86 Straus
to Jackson
Thorpe. Reed and mixture of characteristic waste or waste listed solely for exhibiting a characteristic and a SW Cages: 2
Armstrong js not hazardous if the mixture does not exhibit any of the characteristics of HW FaxBack:
9/15/86 Straus
to Slemmer
SolidTek Systems, inc. mixture of SW and waste listed solely for exhibiting a characteristic is no longer HW under Pag«: 2
the mixture rule if mixture does not exhibit a characteristic of HW (see also §261.3(a)(2)(iii)) F«Back:
III oU
-------
PART 261
SUBPART A 261.3(a)(2)(lll)
Page 105
12/4/95
1/27/87 Williams to Didier
WIDNR
mixture of SW and waste listed solely for characteristic (F003) is no longer listed HW if it
doesnot exhibit characteristics; such listed waste remains listed before mixing even if it
exhibits no characteristics as generated
Pages: 4
FaxBack:
11213
3/3/87 Straus to Hubbard
U.S. Dept of Army §261.3(a)(2)(iii) only applies to mixtures of SW and HW listed solely for a characteristic,
not to residues from treating wastes listed for characteristic; mixture rule exemption applies
to K045 mixed with SW before incineration, or K045-derived ash mixed with SW after
incineration
Pages: 3
FaxBack:
11222
6/22/87 Straus to Trainer
Aqua-Tech, Inc.
F003 still bottoms are derived from HW listed solely for characteristic; F003 is no longer
listed if it is mixed with SW and mixture exhibits no HW characteristics; mixture rule docs
not specify what kind of SW can be used in such mixtures (see also §268.3)
Pages: 4
FaxBack:
11257
2/22/88 Denit to Bobel
Region DC
mixture involving waste listed solely for characteristic is not HW if mixture not
characteristic (see also §268.3); mixture of F001 and D001 should carry all applicable waste
codes (unless mixture is no longer ignitable and no longer D001)
Pages: 6
FaxBack:
11327
4/14/88 Lowrance to Meeks
U.S. Navy
stripped paint waste listed solely for exhibiting a characteristic (F003 used as a stripping Pages: 8
compound) that is mixed with a SW is hazardous only if the mixture exhibits a characteristic
11/4/88 Weil
to Wad
Omark industries K044 that no longer exhibits a characteristic when treated in wastewater treatment system is
no longer K044, but must be designated as a HW if it exhibits another characteristic (see
also §268.3 dilution rules)
Pages: 2
FaxBack:
11380
7/21/89 Barnes to Schiffman
NJDEP
mixture rule and mixture rule exemptions apply only when HW is generated and
subsequently mixed with SW; if F003 HW is not ignitable when generated, it is still F003
until mixed with SW and qualifies for §261.3(a)(2)(iii) mixture rule exemption
Pages: 4
FaxBack:
11447
-------
PART 261 SUBPART A 261.3(a)(2)(lll)
Page 106
12/4/95
6/21/91 Lowrance to Constantelos
Safety-Kleen
if absorbent is mixed with waste listed solely for characteristic, mixture is not HW if it does p»g": 3
not exhibit characteristics (see also §268.3)
12/30/91 Chaudhari to Bates
XEN1UM Fiberglass Corp.
delisting petition not necessary for waste which is no longer hazardous via exemption for
mixtures of SW and HW listed solely for characteristic that are no longer characteristic (see
also §268.3); generator responsible for demonstrating that exempt mixture remains
nonhazardous
Pages: 8
FaxBack:
11661
11/4/92 Lowrance to Noles
Four Seasons Industrial
Services, Inc.
§261.3(a)(2)(iii) mixture rule exemption does not apply to nonignitable F003 that hasn not
yet been mixed with SW; exemption does not apply to F003 mixed with soil; LDR still
applies to P003 that has been rendered nonignitable or nonhazardous
Pages: 3
FaxBack:
11707
11/5/92 Lowrance to Northup
Convenient Automotive
Services, Inc.
mixture of UO and characteristic HW is managed as HW if mixture is characteristic; mixture
of UO and HW listed solely for ignitability is regulated as UO if mixture is not ignitablc
(SUPERCEDED: see 10/16/95 letter, Shapiro to Waste Management Division Directors)
Pages: 2
FaxBack:
11708
Exempt Mixtures
8/19/86 Lehman to Blackburn
Twvenol Laboratories, inc. de minimis mixture rule exemption of §261.3(a)(2)(iv) applies only to mixtures involving p»8e!: 5
listed HW; exemption does not affect mixtures involving characteristic HW 1^173ck:
4/14/88 Lowrance to Meeks
U.S. Nivy
no regulatory definition for WWTU headworks
Pages: 8
FaxBack:
11340
-------
PART 261
SUBPART A 261.3(a)(2)(lv)
Page 107
12/4/95
3/9/89 Lowrance to Molchan
DE DepL of Natural
Resources and
Environmental Control
unclear whether mixture exemptions in §261.3(aX2)(iv) apply to intentional discharges of
segregated spent solvents to storm sewers; EPA does not encourage intentional disposal of
solvent wastes into storm sewer, even if all elements of exemption are met
Pages: 2
FaxBack:
11402
1/15/92 Lowrance to Redd
Browning Ferris Industries.
Inc.
mixture rule exemptions (§§26l.3(a)(2)(iv)(A) - (E)) are oriented toward mixtures of
wastewaters and listed wastes, not characteristic wastes; exemption does not apply until
wastewater passes through headworks of WWTU
Pages: 4
FaxBack:
11662
Spent Solvents
12/17/85 Straus to Baise and Morse
Beverage and Diamond, P.c. exemption applies to solvents incidentally discharged into wastewater system, not solvents
or still bottoms purposefully discharged; incinerator scrubber water derived from listed
solvent not eligible for exemption; exemption applies at wastewater treatment system's
headworks
Pages: 2
FaxBack:
11116
11/7/86 Williams to Winslow
Sandoz Crop Protection
Corp.
mixture of listed F001-F005 spent solvent and wastewater causes mixture to be listed unless
exemption for such mixtures in §§261.3(a)(2)(iv)(A) or (B) applies
Pages: 6
FaxBack:
11193
4/30/87 Straus to Gray
IN Dept of Environmental
Management
once waste is discharged to wastewater, volume of discharged waste must be included in
weekly calculation for exemption levels; calculation includes solvents discharged to
wastewater which volatilized; calculation does not include any solvents not disposed to
wastewater
Pages: 3
FaxBack:
11241
4/14/88 Lowrance to Meeks
U.S. Ntvy
mixture rule contains exemption for wastewaters combined with solvents in certain Pa8«: 8
concentrations; exemption applies at wastewater treatment or pretreatment system headworks
-------
PART 261
SUBPART A 261.3faU2UlvUAl&(m
Page 108
12/4/95
6/10/91 Clay
to Schafer
U.S. Navy
solvent volume calculation for purposes of exclusion must use records of solvent
consumption (e.g., invoices) to establish amount of solvent in wastewater, but may subtract
solvent that does not flow into headworks; calculation must include solvents which
volatalize during paint stripping
Pages: 2
6/10/94 Shapiro to McLaughlin
Bond, Schoeneck & King'
mixture rule exemption applies only to solvents incidentally discharged to wastewaters, not
to solvents in "principle wastestreams" routed to wastewaters; scrubber water derived from
listed solvent incineration is not eligible for mixture rule exemption
Pages: 2
FaxBack:
11845
261.3faU2MivUm
De Minimis Losses Of Commercial Chemical Products
4/14/88 Lowrance to Meeks
U.S. Navy
mixture rule contains exemption for wastewaters combined with de minimis quantities of
CCPs from manufacturing operations in which the CCPs are produced or used as raw
materials
Pages: 8
FaxBack:
11340
Toxic Wastes From Laboratories Not > 1%
4/14/88 Lowrance to Meeks
U.S. Navy
mixture rule contains exemption for wastewaters mingled with laboratory wastes in certain Pages; 8
concentrations; exemption applies at wastewater treatment or pretreaunerit system headworks F»*Bac|c:
11340
1/15/92 Lowrance to Redd
Browning Ferris Industries,
Inc.
laboratory wastewaters contaminated with listed wastes which are toxic (T) are exempt if P»g«
mixture, after passing through the system headworks, does not exceed concentration specified
in exemption
-------
PART 261
SUBPART A 261.3raU2HlvHE)
Page 109
12/4/95
2/23/93 Lowrance to Perry
Frito-Lay, Inc.
exemption applies only to listed wastes such as unused chloroform (U044) discharged in lab
sinks or drains; one of two concentration criteria must be met to qualify and calculation is
based on total quantity of listed HW from lab operation; LDR recordkeeping may apply
pursuant to §268.7(a)
Pages: 6
FaxBack:
11727
Exemption For K157 Carbamate Wastewaters
8/3/95 BussanJ to Steinberg
Morgan, Lewis & Bockius calculation for §261.3(a)(2)(iv)(F) exemption for K157 carbamalc wastes must account for Pages: 3
all constituents not reacted, destroyed, or recovered, including amount volatilized; compliance ff$?,ack:
point (where volatilization is evaluated) is the point of generation prior to mixing with other
wastes
Derived-front Rule
6/10/85 Claussen to SW Branch Chief Region v
EPA uncertain about applicability of mixture and derived-from rules to petroleum refinery
wastewater ponds involving listed HW (SUPERCEDED: see 8/23/85, memo from Skinner
to Regions and 7/5/91, memo from Lowrance to Waste Management Division Directors)
Pages: 6
FaxBack:
11084
7/5/85 Skinner to Huebner
Region I
most lab wastes are not listed (even if they contain dioxins) and are HW only if
characteristic; nevertheless, unused portions of HW being analyzed in lab and any residue
derived from HW being analyzed in lab is subject to full regulation when discarded (see also
§§261.4(d),(e),and(f))
Pages: 2
7/23/85 Bellin to Hagan
Wright Slate University
mere presence of dioxin constituents in laboratory wastes (such as stock solutions, clean up
materials, and chromatographic columns) does not make wastes subject to F-listings for
dioxin wastes; however, unused HW samples or residues from their analysis are still HW
Pages: 1
FaxBack:
11097
-------
PART 261
SUBPART A 261.3(c)&(d)
Page 110
12/4/95
8/23/85 Skinner to Regions
Regions I-X
aqueous supernatant from proper dewatering of listed petroleum wastewater treatment sludge
may not be HW via derived-from rule if it is chemically equivalent to influent refinery
wastewater from which sludge was initially generated
Pages: 14
FaxBack:
11102
1/16/86 Straus to Slemmer
Solid Tek Systems. Inc.
residue from treatment of listed waste retains listing via the derived-from rule; residue from
treatment of characteristic waste is regulated only if residue exhibits characteristic
Pages: 2
FaxBack:
11122
12/12/86 Williams to Stringham
Region V
treatment residues from listed wastes that are shipped to POTW by means other than public
sewers (and therefore not exempt under §261.4(a)(l) domestic sewage exclusion) are not
excluded from regulation and retain listings via the derived-from rule
Pages: 2
FaxBack:
11204
2/9/87 Williams to Dietrich
ICF Technology
residue from incineration of F020 (or other acute F-listed HW) retains listing and must be
handled as acute HW; proposed F029 listing (never finalized) would have regulated certain
residues from incineration of acute F-listed HW as toxic listed waste
Pages: 15
FaxBack:
11219
3/3/87 Straus
to Hubbard
U.S. DepL of Army
residue from the incineration of K045 still carries the listed waste code even though the ash
does not exhibit the characteristic of reactivity; mixture of ash and S W is exempt under
mixture rule if mixture does not exhibit a characteristic (see also §§261.3(a)(2)(iii) and
Pages: 3
FaxBack:
11222
3/6/87 Straus
to Skoufis
Anscott Chemical industries, perchloroethylene (PCE) condensed and recovered during normal fabric drying in drycleaning
Inc- machine is solvent-containing process waste, not F-listed HW; PCE condensate from
distillation or steam stripping of spent filter cartridges is HW since it is derived fronrF002
drycleaning HW
Pages: 3
FaxBack:
11224
5/5/87 Abrams to Duncan
Compliance Recycling
Industries
waste generated during regeneration of F006 ion exchange resins or sludges is F006 waste
via the derived-from rule (except for recovered metal that is sold as product)
Pages: 8
FaxBack:
11244
-------
PART 261
SUBPART A 261.3(c)&(d)
Page 111
12/4/95
6/22/87 Straus to Trainer
Aqua-Tech, Inc.
still bottoms generated from distillation of F003 spent solvent are HW via derived-from rule, p«g": 4
regardless of characteristics; bottoms are no longer listed once they are mixed with SW and
mixture exhibits no HW characteristics (see also §268.3)
8/31/87 Lowrance to Gingold
Envirosure
listed waste treatment residue retains listing of original waste
Pages: 6
FaxBack:
11284
10/26/87 Williams to Senna
International Flavors and residues generated from treating a D001 ignitable waste (e.g., spent reactor vessel washout Pages: 2
Fragrances, inc. water) remain hazardous as long as they exhibit a characteristic
1/14/88 Williams to Sylvestri
Versar, Inc.
ash derived from burning a mixture of sand and hexachloroelhane (U131) in an incinerator Pages: 2
trial bum carries the U131 waste code via the derived-from rule ^mo'*
2/11/88 Williams to Heinze
AJH Environmental
Consulting, Inc.
if spent F-listed solvents pass through pipeline and pipeline filter, spent filter is HW via Pages: 4
derived-from rule until or unless it is delisted; if filter contains discarded P- or U-listed CCP
solvent, filter is regulated as HW until it no longer contains hazardous constituents
2/24/88 Denit to Bouchard
Centre de Recherche
Industrielle du Quebec
residue from extracting chromium and nickel from K061 is still K061 via derived-from rule, Pa8«: 4
unless delisted (see also §261.3(cK2)(ii)(C)) * "Back:
11 -32o
3/11/88 Denit to Becker
EPAHQ
air filters, scrubber water, and ash from incinerating P020 carry P020 listing; wastes derived Pages: 3
from F020 are acute HW and subject to special standards for dioxin wastes, unless delisted;
. media and debris from dismantling of incinerator are also F020 (via "contained-in" policy)
-------
PART 261
SUBPART A 261.3(c)&(d)
Page 112
12/4/95
7/28/88 Lowrance to Waste Management Region i-x
Division Directors
SW derived from the treatment, storage, or disposal of a HW is itself a HW until it meets
the criteria of §261.3(d)
Piges: 2
FaxBack:
11356
10/27/88 Lowrance to Greenberg
Browning-Ferris industries residuals from treatment of characteristic waste (or waste listed solely for characteristic) are Pag«: 3
HW via derived-from rule only if characteristic (see also 7/5/89 letter, Lowrance to
Greenberg); residuals from treatment of listed solvent-characteristic solvent mixtures retain
listing
4/14/89 Dellinger to Rovers
c.t. Male Associates, P.c. filter material used in treatment of F001-contaminated GW is subject to regulation since Pages: 2
media contains F001; derived-from rule does not apply and dclisting is not needed, but media
must be handled as HW until handler demonstrates that it no longer contains F001
4/18/89 Lowrance to Boyd
Sidley and Austin spent solvent still bottoms removed from exempt distillation unit carry listing derived from Pages: 2
original solvent HW
4/26/89 Lowrance
to HW Management
Division Directors
Regions I-X
slag residue from smelter used to recover metals from F006 is HW via derived-from rule;
Bevill exemption could apply if slag is "indigenous waste" (see also §261.3(c)(2)(ii))
Pages: 5
FaxBack:
11426
6/19/89 Cannon to Jorling
NYDEP
wastes that are listed due to mixture or derived-from rules can be made nonhazardous only by Pa8«: 3
delisting; risk-based showing that waste no longer contains hazardous constituents can
remove listing from contaminated media, but not process wastes mixed with or derived from
HW
8/2/89 Lowrance to Uremovich
Terminal Technologies. Inc. K049, K051, or K052 can only be generated at refinery, but residues from these wastes P»ges: 2
handled at off site location (bulk fuel terminal) are still listed; discharge of residuals from FaxBack:
K049 storage to oil-water separator could make resulting sludge listed via derived-from and
mixture rules
-------
PART 261
SUBPART A 261.3(c)&(d)
Page 113
12/4/95
9/12/89 Straus to Ullrich
Region V
non-product residues derived from K062 reclamation are still K062
Pages: 6
FaxBack:
11468
3/7/90 Barnes to Stone
GSX Chemical Services all residues, such as scrubber water, from the burning of a listed HW carry the listed waste Pages: 3
code via the derived-from rule mnoclt:
8/5/91 Lowrance
to Waste Management Regions i-x
Division Directors
slags and drosses from secondary lead smelting where K069 is used as a feedstock arc not
listed via the derived-from rule; such smelting residues may be HW if characteristic;
indigenous principle for recycled furnace wastes
Pages: 2
FaxBack:
11632
9/4/92 Lowrance to MacBeth
Sidley and Austin mixtures of HW and absorbent or sawdust may be HW via derived-from rule; absorbing or
mixing listed HW with sawdust does not make waste nonlisted
Pages: 2
FaxBack:
11694
3/5/93 Denit to Swanberg
Separation and Recovery effluent from petroleum recovery process that accepts HW K048-K051 that is returned to
Systems wastewater treatment system is not derived from listed waste if chemically equivalent to
non-listed influent that originally produced listed waste (see 8/23/85 memo, Skinner to
Regions)
Pages: 3
FaxBack:
11732
7/28/93 Denit to Igli
Chemical Waste
Management, Inc.
incinerator ash and other residues from treatment of P-listed acute HW remain P-listed and
acutely hazardous; containers holding such P-listed residues must be made empty by triple
rinsing
Pages: 2
FaxBack:
11761
6/1/94 Shapiro to Hiley
Goodwin, Proctor, and Hoar EPA has not established numerical levels of solvent contamination in manufacturing process p«8es: 2
wastes that trigger HW regulation; material which is listed or derived from a listed waste is FfoBnclt:
itself a listed waste until delisted or excluded .
-------
PART 261 SUBPART A
7/15/94 Brandes to Tease
261.3(c)&(d)
Hubbard Hall, Inc.
wastes that exhibit characteristic at point of generation may be subject to Part 268
requirements even if they do not exhibit a characteristic at point of disposal (§261 .3(d)( 1 ))
Page 114
12/4/95
Pages: 2
FaxBack:
11854
11/4/94 Shapiro to Hathcock
Laidlaw Environmental
Services (Recovery), Inc.
product derived from burning listed HW with heating value under 5000 Btu/lb is HW if
facility can't document that legitimate energy recovery is occurring
Pages: 2
FaxBack:
11883
5/25/95 Shapiro to Spratlin
Region VII
"syngas" from gasification unit at Kansas petroleum refinery is fuel derived from F037,
K022, and K051, but is not subject to RCRA Subtitle C regulation due to §261.6(a)(3)(iv)
exemption for fuels created by refining oil-bearing HW during normal refinery operations
Pages: 2
FaxBack:
11905
10/19/95 Kidwell to Lively
TDJ Group. Inc.
paniculate emissions from foundry production unit are not SW until collected in and
removed from baghouse, at which point HW determination is made; if emissions derive from
waste management, paniculate may be SW triggering RCRA Subtitle C prior to collection
in baghouse and
Pages: 2
10/23/85 Straus
Products Reclaimed From Hazardous Wastes Are Not Wastes
to BaSSell Lederle Laboratories
HW spent methanol solvent which is reclaimed to 99.5% purity and is then sent off site for
use has become a product reclaimed from HW and therefore is not subject to manifesting or
other Subtitle C regulations
Pages: 2
FaxBack:
11109
12/18/85 Straus
to Licht
Charles Licht Engineering
Associates. Inc.
gold, silver, or other reclaimed precious metals that are derived from HW and which are
suitable for direct use (or only have to be refined to be useable) are products, not wastes,
pursuant to the derived-from rule (§261.3(cX2))
Pages: 2
FaxBack:
11117
-------
PART 261
261.3(c)(2)(l)
SUBPART A 261.3(c)&(d)
Page 115
12/4/95
1/6/86 Straus
to Robbins
KchlerCo.
spent foundry sands which have been regenerated or reclaimed are products and no longer SW, P»8es: 2
even if they are shipped off site for coating before use ck:
1/22/86 Straus to Andrews
Industrial and Agricultural fertilizer product derived from characteristic HW is no longer subject to Subtitle C regulation Pages: 2
Chemicals, inc. once characteristics are removed (see also §§261.3(d)(l) and 266.20(b)) nif*"*'
11/19/86 Straus to Straume
U.S. Air Force
commercial products reclaimed from HW are not longer SW and are not subject to Subtitle C Pag": 11
regulation; silver recovery cartridges (or other HW being recycled) which need further
processing are still SW, not products (see also 8/4/95 letter, Petruska to Thompson)
1/25/88 Williams to Greaves
EPAHQ
partially reclaimed SW which must be reclaimed further before it can be used as product is
still SW and is potentially HW; explanation of exemption from derived-from rule for
residues from processing of K061, K062, or F006 in HTMR devices
Pages: 4
FaxBack:
11322
6/15/88 Barnes to Yaori
Sumitomo Corp. of America zinc-rich metal oxide, if processed completely enough, may no longer be a SW per Pages: 11
§261.3(c)(2); the same material, if burned or placed on the land, remains a HW because it is f ?«^ck:
derived from the treatment of a listed waste
10/27/88 Lowrance to Wagoner
Region VTI
EPA generally does not consider treated wastewater to be reclaimed "product;" in certain Pages: 3
cases, treated wastewater that is legitimately reused is considered "reclaimed" and loses SW m74Ck:
status; listed rinsewater destined for filtering and reuse is a spent material and S W prior to
reclamation
12/7/88 Lowrance to Stapleton
Stapleton Company partially reclaimed waste which only needs further refining before it can be beneficially used P"g«: 6
may be a product, not a waste; in other cases, partially reclaimed material may be SW FaxBack:
eligible for variance in §260.30 ''385
-------
PART 261 SUBPART A 261.3(c)&(d)
261.3(c)(2)(l)
Page 116
12/4/95
3/27/89 Dellinger to Jones
Environmental Consulting if product destined for placement on land includes characteristic sludges as ingredient, product P»g«= 2
is subject to Subtitle C regulation until it no longer exhibits characteristics (see also F?2?>ck:
§268.9)
9/12/89 Straus
to Ullrich
Region V
even if material reclaimed from K062 can serve as effective subsititute for CCP, it must Pages: 6
meet LDR treatment standards prior to placement on the land; iron sulfate by-product used as
an effective substitute for CCP becomes unregulated product unless it is to be used on the
land
8/1/90 Bussard to Farley
McGuire, Woods, Battle,
and Boolhe
EPA generally does not consider treated wastewater to be reclaimed product; in certain cases, Pages: 10
treated wastewater that is legitimately reused is considered reclaimed and loses SW status
8/19/94 Bussard to DiBella
Metals Recycling
Technologies Corp.
HW secondary materials sent for thermal treatment at smelters remain HW until reclamation Pages: 2
is complete; materials that have been reclaimed not a waste; metal-bearing material that is
92-99% metal that only needs refining is fully reclaimed
11/9/94 Bussard to Kulkarni
Quantum Tech. L.L.C.
if hazardous secondary material is used to produce a product burned for energy recovery or
used in a manner constituting disposal, product may still be HW
Pages: 2
FaxBack:
11886
12/19/94 Bussard to DiBella
Metals Recycling
Technologies Corp.
zinc oxide produced from recycling K061 can be a product no longer subject to RCRA or, in Pages: 2
cases where it will be further refined to make zinc, a partially reclaimed listed sludge and a
HW subject to regulation
-------
PART 261
SUBPART A 261.3(c)&(d)
Page 117
12/4/95
Dgrived-frnm Rule Exemptions
4/10/84 Skinner to Wagoner Region vn
regulatory status of precipitation runoff from active and inactive HW management units; Pages: 7
distinctions between precipitation runoff and mixtures of precipitation with HW or HW
leachate (see also state or Region on their implementation of precipitation runoff exemption)
4/10/85 McGraw to Satterfield
American Hot Dip
Galvanizerj Association,
Inc.
lime-stabilized waste pickle liquor sludge from steel finishing is not K062 unless it exhibits Pa8«: 4
a characteristic of HW FaxBack:
11068
5/21/85 Straus to Sanderson
Region VD
exclusion for lime-stabilized waste pickle liquor (K062) applies to industries with SIC codes Pages: 10
331 and 332; suggestions for determining facility's primary SIC code f fA?«clt:
I 1U /o
1/28/87 Straus to Friedman
PADNR
exemption applies to lime-stabilized waste pickle liquor (K062) whether or not the spent
pickle liquor has been mixed with other nonlisted process wastes generated by the iron and
steel industry
Pages: 1
FaxBack:
11215
7/13/87 Straus to McCoy
Pfizer, Inc.
lime-ammonia stabilized iron oxide sludge generated from the stabilization of spent pickle
liquor (K062) is exempt under the lime-stabilized waste pickle liquor sludge exemption
Pages: 7
FaxBack:
11264
9/2/87 Straus to McDonnell
Waste Management of IL. lime-stabilized waste pickle liquor (K062) is exempt from derived-from rule and is no longer P«g«: 4
Inc- listed; stabilization of K062 is treatment and may require permit FaxBack:
11286
-------
PART 261
SUBPART A 261.3(c)&(d)
Page 118
12/4/95
10/23/87 Williams to McLaughlin
SCS Engineers
supernatant generated during lime stabilization of spent pickle liquor (K062) is derived from
K062; only the lime-stabilized waste pickle liquor sludge (LSWPLS) is exempt under
§261.3(c)(2)(ii); surface impoundment holding supernatant from LSWPLS generation is
subject to RCRA Subtitle C regulation
Pages: 2
FaxBack:
11299
12/28/87 Williams to Wilkinson
The Breslube Group
by narrowing K062 listing, EPA narrowed exemption for lime-stabilized waste pickle liquor
sludge (LSWPLS); exemption does not apply if K062 treated with other listed wastes; if
treated with other nonhazardous or characteristic wastes, sludge is hazardous only if
characteristic
Pages: 4
FaxBack:
11313
1/25/88 Williams to Greaves
EPAHQ
partially reclaimed SW which must be reclaimed further before it can be used as product is
still SW and is potentially HW; explanation of exemption from derived-from rule for
residues from processing of K061, K062, or F006 in HTMR devices
Pages: 4
FaxBack:
11322
6/19/90 Cessar to Bowman
PADNR
lime-stabilized K062 pickle liquor is not exempt from derived-from rule if characteristic; to
qualify for exemption, waste pickle liquor must be stabilized at iron and steel manufacturer;
lime stabilization at a commerical TSDF does not qualify
Pages: 2
FaxBack:
11526
Contained-in Policy / Rule
12/26/84 Skinner to Scarbrough
Region IV
collected GW that has been contaminated with listed or characteristic waste is regulated as
HW
Pages: 1
FaxBack:
11051
1/23/86 Williams to Stringham
Region V
sediments in lakes and harbors contaminated with waste illegally discharged to surface waters
can be regulated as listed HW via the contained-in policy; sediments not HW via mixture
rule because sediments not normally SW; unpermitted discharge is illegal disposal
Pages: 9
FaxBack:
11125
-------
PART 261
SUBPART A 261.3(f)
Page 119
12/4/95
3/3/86 Straus to Wairen
Eder Associates
spent carbon used to treat GW contaminated by spill of product PCP formulation is acute Pages: l
HW F027; under other circumstances, carbon is not regulated (see also §§261.24 and 261.31: ff??»ck:
F032)
4/1/86 Straus to Fry
BASF Corp.
no permit needed for carbon adsorption system used to treat GW that does not contain a listed
waste and does not exhibit a characteristic f f ??*ck:
11141
4/2/86 Williams to Wassersug
Region ffl
spent carbon can be regulated if contains listed or characteristic HW; units regenerating HW Pages: 6
carbon are exempt recycling units (SUPERCEDED: see 56 FR 7134; 2/21/91) ui43ack:
4/23/86 Williams to Devine
Region IV
water used to transport listed spent activated carbon to treatment process may not be HW via Pages: 2
mixture rule or contained-in policy if Part 261, Appendix VIII constituents have not desorbed
into water from carbon and if carbon solids are not discharged with water
7/3/86 Williams to Lardieri
Scott Paper Co.
disposable or reusable rags and wipers are HW if they are used to clean up characteristic HW Pa8es
and they exhibit a characteristic or if used to clean up listed waste; such wipers are regulated
when destined either for disposal or laundering (SUPERCEDED: see 2/14/94 letter, Shapiro
to Regions)
9/29/86 Claussen to Warren
Wtncn. Goldberg. Berman if chlordane (U036) is applied to land during normal pesticide use, listings do not apply to p"8es: '
and Lubitz chlordane-contaminated soil that is excavated, although soil may be regulated as HW if ni82*ck:
characteristic
11/13/86 Williams to Tobin
Region IV
GW is not SW and thus is not subject to mixture rule; collected GW which contains HW P"B": 2
leachate must be handled as if it were HW until it is treated such that it no longer contains j^*?/ck:
theHW
-------
PART 261
SUBPART A 261.3(f)
Page 120
12/4/95
12/12/86 Williams to Cooper
Waste-Tech Services, Inc.
spent fluidized bed media used in treating HW and contaminated with HW is not subject to
mixture and derived-from niles, but is regulated under contained-in policy (i.e., bed media is
regulated as HW as long as it contains the HW)
Pages: 2
FaxBack:
11205
2/9/87 Williams to Dietrich
ICF Technology
pallets, glassware, gloves, boots, coveralls, aprons, and rags contaminated with listed waste Pages: 15
during use are not HW via mixture rule, but contain listed HW and must be managed as such
until listed waste is removed (see also §268.45 and 2/14/94 letter, from Shapiro to Regions)
4/8/87 Straus
to Seiler
WA Depi. of Ecology
soil contaminated with certain spilled unused pesticides (2,4,5-T; Simazine; 2,4-D;
Dicambia; and Bromacil) is regulated as acute HW when excavated because it contains F027;
if soil contamination is result of pesticide usage, excavated soil is regulated only if it
exhibits characteristic
Pages: 2
FaxBack:
11233
5/18/87 Straus
to Burchett
Clean Crop
EPA continues to regulate listed HW even when it is contained in another material, such as
spent carbon; unused Phorate pesticide which volatilizes into air during production and is
captured in carbon Filters is P094 HW
Pages: 3
FaxBack:
11248
7/22/87 Williams to Feigner
Region X
if listed waste is burned in unlined pit and seeps into soil, soil containing "any amount of
the waste (or a waste constituent)" is regulated as HW until the waste is removed; if original
waste is not listed, contaminated soil is still regulated as HW if it exhibits characteristic
Pages: 3
FaxBack:
11267
9/9/87 Williams to Levin
Velsicol Chemical Corp.
soil, carpet, and wallboard contaminated by unintentional spills of CCP chlordane and
heptachlor pesticides must be handled as P- or U-listed HW when sent for disposal
Pages: 6
FaxBack:
11291
2/11/88 Williams to Heinze
AJH Environmental
Consulting, Inc.
if spent F-listed solvents pass through pipeline and pipeline filter, spent filter is HW via
derived-from rule until or unless it is delisted; if filter contains discarded P- or U-listed CCP
solvent, filter is regulated as HW until it no longer contains hazardous constituents
Pages: 4
FaxBack:
11325
-------
PART 261
SUBPART A 261.3(f)
Page 121
12/4/95
3/11/88 Denit to Becker
EPAHQ
debris and media from dismantling of incinerator which burned F020 waste are regulated as
acute HW F020 via the contained-in policy; such P020 media and debris are regulated until
handler demonstrates they no longer contain F020 (formal delisting unnecessary)
Pages: 3
FaxBack:
11332
1/3/89 Lowrance to Fields
EPAHQ
personal protective equipment (PPE) and clothing contaminated with HW are regulated under
contained-in policy; as long as PPE contains HW, it must be handled in accordance with all
applicable Subtitle C rules, including LDR
Pages: 2
FaxBack:
11387
1/24/89 Lowrance to Zelikson
Region IX
GW contaminated with HW which is treated so it no longer contains hazardous constituents
is no longer regulated and can be beneficially reused; since no EPA guidance states at what
levels GW is no longer HW, Regions make site-specific determination
Pages: 2
FaxBack:
11393
4/14/89 Dellinger to Rovers
C.T. Male Associates. P.C.
filter material used in treatment of F001 -contaminated GW is subject to regulation since
media contains P001; derived-from rule does not.apply and dclisting is not needed, but media
must be handled as HW until handler demonstrates that it no longer contains F001
Pages: 2
FaxBack:
11418
6/19/89 Cannon to Jorling
NYDEP
environmental media (GW, soil, sediment) contaminated with listed HW is regulated as HW
via contained-in policy (not mixture or derived-from rules, since media is not S W); Regions
or states determine at what levels media no longer contains HW (delisting unecessary)
Pages: 3
FaxBack:
11434
6/26/89 Cannon to Simon
RI Division of Family Health if contaminated soil is removed from a site, generator must determine if soil contains HW by Pa8e5: 3
testing and/or applying knowledge; in absence of specific cleanup order, soil left in place is
not subject to RCRA Subtitle C requirements, including testing
8/11/89 Lowrance to Constantelos
Region V
if discharge of listed HW to surface water is not subject to CWA (and not eligible for
§261.4(a)(2) exemption), contaminated sediments may be regulated as listed HW via
contained-in policy; excavated sediments contaminated by legal CWA discharges are regulated
only if characteristic
Pages: 1
FaxBack:
11455
-------
PART 261
SUBPART A 261.3(f)
Page 122
12/4/95
3/26/91 Lowrance to Ely
VA Dept. of Waste
Management
contained-in policy overview; applies to all environmental media (soil, GW, sediment); P»ges: 4
media contaminated with HW are regulated until media no longer contain HW, as determined
by states or Regions according to risk; policy upheld in Federal court (citation provided)
11/4/92 Lowrance to Noles
Four Seasons Industrial
Services, Inc.
if F003 HW is spilled into soil, soil must be managed as listed HW until state or Region
determines it no longer contains HW; §261 .3(a)(2)(iii) mixture rule exemption does not
apply to soil or F003 mixed with soil
Pages: 3
3/22/94 Shapiro to Nebrich
Waste Technology Services, soil containing F003 (listed solely for ignitability) may be deemed HW due to presence of
Inc- hazardous constituents (metals) even if soil does not exhibit characteristic; consistent with
delistings, state may consider site-specific factors or constituents in deciding if soil still
contains HW
Pages: 2
f ?ofock:
261.4(a)
Materials Not Solid Wastes
261.4faUl)
Domestic Sewage
12/12/86 Williams to Stringham Region v
materials that do not pass through sewer system are not exempt; POTW must manage
residues of treatment process as HW if they exhibit a characteristic, or if derived from the
treatment of listed HW; wastes shipped by truck, rail, or dedicated pipe to POTW are not
exempt
Pages: 2
FaxBack:
11204
6/10/87 Williams to Brookshire
Federal Deposit insurance photochemicals that mix with domestic sewage are not SW (and not HW) if the mixture
drains to a POTW
Pages: 2
FaxBack:
11254
2/12/90 Lowrance to Corbett
NY DEC
sludge removed from a sewer line is not exempt since it does not pass through a sewer
system to a POTW
Pages: 2
FaxBack:
11490
-------
PART 261 SUBPART A 261.4(a)
261.4(a)(l)
Page 123
12/4/95
7/12/91 Lowrance to Citizen
wastewater treatment sludges from POTWs or other facilities discharging pursuant to CWA
are subject to all applicable Subtitle C regulations when treated, stored, or disposed;
generally, sludges from POTWs are HW only if characteristic; POTW sludges unlikely to
exhibit characteristics
Pages: 2
FaxBack:
11628
9/27/93 Denit to Marshall
Capiloline International
Group, Ltd.
domestic sewage exclusion may apply to wastewater discharges from an industrial laundry
that are conveyed through a sewer system to a POTW
Pages: 3
FaxBack:
11777
Industrial Wastewater Discharges
1/23/86 Williams to Stringham Region v
lake sediment contaminated by exempt point source discharge is not subject to RCRA when Pa8es: 9
excavated (dredged) unless sediment exhibits characteristic; if discharge not subject to CWA f f??* clt:
and not exempt from RCRA, sediment can be regulated as listed HW via containcd-in policy
12/10/87 Williams to Citizen
only industrial point source discharge is excluded, management prior to discharge is regulated Pages: 4
FaxBack:
11309
3/20/89 Lowrance to Elliott
Zeipol Corp.
illegal discharge of HW to river may be "subject to" CWA and eligible for industrial
discharge exclusion, although discharge is a CWA violation subject to EPA enforcement
action
Pages: 3
FaxBack:
11408
8/11/89 Lowrance to Constantelos
Region V
if discharge of HW to surface water is not subject to CWA (and not eligible for §261.4(a)(2)
exemption), discharge is subject to RCRA and contaminated sediments may be regulated as
listed HW; sediments contaminated by legal CWA discharges are regulated only if
characteristic
Pages: 1
FaxBack:
11455
-------
PART 261 SUBPART A 261.4(a)
261.4(a)(2)
Page 124
12/4/95
7/12/91 Lowrance to Citizen
wastewater treatment sludges from POTWs or other facilities discharging to CWA are
subject to all applicable Subtitle C regulations when treated, stored, or disposed; generally,
sludges from POTWs are HW only if characteristic; POTW sludges unlikely to exhibit
characteristics
Pages: 2
FaxBack:
11628
2/17/95 Shapiro to Waste Management Regions I-x
Division Directors
exclusion applies at outfall pipe, but not upstream; exclusion applies when direct hydrologic
connection exists between point source and surface water; therefore, HW leachate or
wastewater which travels from HW management units into GW and then into river are not
exempt
Pages: 3
FaxBack:
11895
2/17/95 Shapiro to Waste Management Regions i-x
Division Directors
HW discharged into surface waters from point source are exempt from RCRA if they have
NPDES permit or should have NPDES permit (i.e., are subject to CWA); facilities that
should have NPDES permit but do not are violating CWA, not RCRA Subtitle C
Pages: 3
FaxBack:
11895
261.4faU41
Nuclear Materials
7/5/85 Skinner to Huebner
Region 1
EPA has authority to regulate dioxin-contaminated, radioactive laboratory waste that contains Pages; 2
naturally occuring C-14 if waste is listed or characteristic; such wastes are also subject to f?nHRClt:
NRC regulations for disposal of radioactive wastes
261.4(a)m
Sulfuric Acid
5/26/88 Barnes to Fbid
Suuffer Chemical Co.
spent sulfuric acid accumulated speculatively is not exempt; if sulfuric acid is removed from
accumulation to be recycled, the material may qualify for the exemption; exemption is
dependent upon the sulfuric acid recycled by being used in the production of virgin sulfuric
acid
Pages: 3
FaxBack:
11351
6/6/88 Barnes to Tfibble
American Cyanamid Co.
spent sulfuric acid exemption only applies to sulfuric acid that is recycled by being used in
the production of virgin sulfuric acid; other types of spent sulfuric acid recycling do not
qualify for this exemption, but may qualify for other exemptions from SW definition
Pages: 9
FaxBack:
11352
-------
PART 261
261.4(a)(7)
SUBPART A 261.4(a)
Page 12S
12/4/95
9/12/89 Straus
to Ullrich
Region V
exemption applies to sulfuric acid used in the production of virgin sulfuric acid, not to the
reclamation of spent sulfuric acid
Pages: 6
FaxBack:
11468
7/20/94 Shapiro to Ferguson
TX Natural Resource
Conservation Commission
secondary material with high sulfur content that is burned in a sulfuric acid regeneration
furnace is not eligible for the exclusion in §261.4(a)(7) because the secondary materials in
question are not spent sulfuric acid
Pages: 3
FaxBack:
11856
9/1/87
Closed-loop Reclamation
Williams to Kertcher Region v
secondary materials handled or stored within closed-loop reclamation process can qualify for
§261.4(a)(8) exclusion from SW definition, but still bottoms or other wastes formed in the
reclamation process are SW and can be HW
Pages: 22
FaxBack:
11285
9/12/89 Straus
to Ullrich
Region V
closed-loop recycling only applies to wastes that are piped, not trucked; secondary materials
stored in closed-loop system are not SW; however, wastes from the managment of these
secondary materials are S W and subject to Subtitle C
Pages: 6
FaxBack:
11468
3/5/93 Denit
to Swanberg
Separation and Recovery
Systems
closed-loop exemption does not apply to oil that is being returned to a refinery where it will
be used as a fuel; closed-loop exemption does not apply to reclaimed material that will be
used to produce a fuel or produce a product applied to the land
Pages: 3
FaxBack:
11732
261.4(aUl(n
Coke By-products
10/29/92 Lowrance to Wasserstrom
Miles and Stockbridge
use of open pits, or flat or low-walled concrete pads to store coke by-product residues is land Pl!g«: 5
disposal, management of wastes in these units is not exempt; wastes managed on the ground
or in unit constructed so that waste spills or is otherwise disposed are not exempt
-------
PART 261 SUBPART A
261.4(a)(12)
Page 126
12/4/95
261.4faU12)
Recovered Oil •
7/26/94 Shapiro to Waste Management Regions i-x
Division Directors
exclusion does not apply to recovered oil stored in land-based units
Pages: 2
FaxBack:
11859
5/3/95 Shapiro to Colleli
American Petroleum
Institute
exclusion covers oil recovered from off-site petroleum industry activities associated with
exploration, production, and transportation when returned to the petroleum refinery
Pages: 4
261.4fbl
Solid Wastes Not Hazardous Wastes
261.4fbim
Household Hazardous Waste
4/23/87 Porter to Lautenberg u.s. Senate
restaurant waste qualifies as exempt HHW (SUPERCEDED: see 5/95 MRQ)
Pages: 3
FaxBack:
11239
11/20/87 Denit to Kovalick
EPAHQ
paint wastes are exempt HHW if generated by homeowners, but not if generated by Pages: 6
contractors (SUPERCEDED: see 3/7/95 letter, Friedman to Hill); similar wastes generated
by Federal agencies are not HHW, since such agencies generally do not qualify as households
1/11/88 Williams to Sanioan
Ontario Locomotive, inc. no Federal requirements for the transportation, treatment, storage, or disposal of HHW
Pages: 2
FaxBack:
11314
5/2/88 Lowrance to Harkin
U.S. Senate
household-type wastes from other services (i.e. commercial facilities, office buildings) are P»g«: 2
not covered under the HHW exclusion FaxBack:
11347
-------
PART 261 SUBPART A 261.4(b)
261.4(b)(l)
Page 127
12/4/95
9/1/88 Lowrance to Whitman
SWInc.
waste aerosol cans generated in military housing are HHW and are exempt from RCRA
Subtitle C regulation
Pages: 2
FaxBack:
11367
11/1/88 Porter to Waste Management Region i-x
Division Directors
HHW collection programs are exempt; HHW mixed with CESQG waste are subject to
§261.5; exemption also covers dioxin-bearing HHW
Pages: 4
FaxBack:
11377
11/28/89 Lowrance to Greenberg Browning-Ferris industries HHW that is regulated on the state level is not subject to the Federal LDR program
Pages: 4
FaxBack:
11481
4/20/90 Anders to Denny
EPAHQ
cancelled mercury-containing paints discarded by homeowners are exempt HHW
Pages: 2
FaxBack:
11508
5/9/90 Lowrance to Watson
Oak Ridge National Lab personal effects contaminated with chemical weapons are considered exempt HHW
Pages: 2
FaxBack:
11515
9/20/90 Lowrance to Huber
Petroleum Marketers fuel oil leak from household tank qualifies for the HHW exemption
Association of America
(PMAA)
Pages: 2
FaxBack:
11563
5/30/91 Bussard to Bergeson
Weinberg, Bergeson and batteries removed by consumers in their homes are exempt HHW; batteries removed by p«8«: 3
Newman service centers from consumer appliancess are not exempt; HHW must be generated by
individuals at their residences and composed primarily of materials found in wastes generated
by consumers in their homes
-------
PART 261 SUBPART A 261.4(b)
261.4(b)(l)
Page 128
12/4/95
11/12/91 Bussaid to Eastman
VT Agency of Natural HW batteries generated by households are not subject to the Subtitle C regulations
Resources
Pages: 2
FaxBack:
11653
7/17/92 Belaga (Regiotn LaFleur
I)
New England Power appliances collected from households are HHW; material removed from appliance that Pages: 3
Service Co. qualifies as HHW is also exempt (Region I letter developed in conjunction with US EPA) f £?» ck:
I 1DIO
7/22/92 Lowrance
to Waste Management Regions l-x
Division Directors
CESQG wastes may be mixed with nonhazardous waste (e.g., HHW) and remain subject to Pa8es: 5
CESQG requirements; collection programs that handle the commingled waste are also
subject to the CESQG regulations
9/4/92 Lowrance to Wilkstrom
National Electrical fluorescent bulbs that are HHW may be disposed in Subtitle D facility
Manufacturers Association
Pages: 2
FaxBack:
11693
9/16/92 Lowrance to Guimond
EPAHQ
EPA considered extending HHW exclusion to LBP abatement wastes from renovation
(SUPERCEDED: see 3/7/95 letter, Friedman to Hill)
Pages: 3
FaxBack:
11697
9/18/92 Reilly
to Regional
Administrators
Regions I-X
MWC ash is exempt HHW (SUPERCEDED: see 3/22/95 letter. Laws to Herman)
Pages: 7
FaxBack:
11698
4/19/93 Lowrance to Hansen
ORDEQ
EPA is evaluating applicability of HHW exclusion to LBP abatement wastes
(SUPERCEDED: see 3/7/95, letter from Friedman to Hill)
Pages: 4
FaxBack:
11736
-------
PART 261
261.4(b)(l)
SUBPART A 261.4(b)
Page 129
12/4/95
10/7/93 Denit
to DiFazio
Chemical Specialties
Manufacturers Association
aerosol cans generated by households qualify for HHW exclusion; exclusion attaches at point P«g": 3
of generation and continues to apply throughout waste management cycle mao"*'
10/7/93 Denit
to Crawford
Steel Recycling Institute
aerosol cans generated by households qualify for HHW exclusion; exclusion attaches at point
of generation and continues to apply throughout waste management cycle
Pages: 3
FaxBack:
11782
5/24/94 Shapiro to Veckman
Comprehensive
Environmental Assessments
LBP abatement wastes not HHW if generated in construction, demolition, or renovation;
exempt HHW if from routine residential maintenance; EPA does not distinguish between
wastes generated by homeowner rather than contractor (see also 3/7/95 letter, Friedman to
Hill)
Pages: 5
FaxBack:
11838
8/18/94 Weddte
to Woolstrun
Honigman, Miller,
Schwartz, and Cohn
ash from combustors that do not recover energy and that burn only household waste is
exempt; ash from resource recovery facilities that burn commercial waste is not exempt; ash
from combustors that burn other wastes in addition to household waste is not exempt
Pages: 2
FaxBack:
11867
9/28/94 Petruska to Madden
SW Authority of Palm
Beach County
UO generated by DIY qualifies as exempt HHW
Pages: 2
FaxBack:
11875
2/28/95 Petruska to McNally
Coll. Davidson, Carter,
Smith, Sailer, and Barken
HHW must be generated on premises and composed primarily of materials generated by
consumers in homes; contractor-generated waste exempt if from routine residential
maintenance
Pages: 2
FaxBack:
11897
3/7/95 Friedman to Hill
Region I
LBP chips from stripping and repainting residence walls by owner or contractor are HHW;
construction, renovation, or demolition debris is not HHW; waste generated by home
healthcare providers may be HHW; media and debris contaminated by residential heating oil
tanks are HHW
Pages: 6
FaxBack:
11898
-------
PART 261
261.4(b)(l)
SUBPART A 261.4(b)
Page 130
12/4/95
3/22/95 Laws
to Administrators
Region! I-X
per Supreme Court, ash from waste-to-energy facilities burning household and other SW is
no longer exempt from Subtitle C if it exhibits characteristics; revised implementation
strategy for Supreme Court decision
Pages: 6
FaxBack:
11901
2/18/81 Plehn
Coal / Fossil Fuel Combustion Wastes
to Regional Directors Regions I-X
exclusion covers wastes from burning mix of fossil and alternative fuels, as long as mix is Pa8«: ' 1
at least 50% fossil fuels; exclusion covers wastes from burning coal and HW, as long as mix
is at least 50% coal (SUPERCEDED: see §266.112); "primarily" means 50% fossil fuels
2/18/81 Plehn
to Regional Directors Regions I-X
exclusion covers wastes generated, mixed, co-disposed or co-treated with large-volume fossil
fuel wastes; exemption restricted to wastes directly associated with combustion, steam
generation or water cooling; clarification of co-management (SUPERCEDED: see 58 FR
42466; 8/9/93)
Pages: 11
FaxBack:
11007
4/21/86 Williams to Weinreich
ANG Coal Gasification Co. precipitation that becomes corrosive solely as a result of contact with exempt coal
gasification ash is also exempt
Pages: 3
FaxBack:
11145
6/16/86 Williams to Weinreich
ANG Coal Gasification Co. residual water that becomes corrosive from exempt waste is also exempt; residual water
derived from an exempt waste is exempt
Pages: 3
FaxBack:
11162
3/10/87 Longest
to Waste Management Regions l-x
Division Directors
fossil fuel component must be over 50% of fuel mix for the exemption to apply; definitions Pages: 6
of large volume wastes, including bottom ash, fly ash, boiler slag, and flue gas FaxBack:
desulpherization sludge ' M
-------
PART 261
261.4(b)(4)
SUBPART A 261.4(b)
Page 131
12/4/95
4/29/93 Lowrance to Green
Piper and Marbury co-burning of specification UO fuel and virgin fuel oil does not affect exemption since the Pages: l
amount of oil burned is minimal f?I?,*ck:
11743
2fil.4fbUS>
Oil. Gas, fleothermal Energy Exploration And Production Wastes
3/10/87 Longest
to Waste Management Regions l-x
Division Directors
criteria for determining applicability of oil and gas exploration and development exclusion;
examples of exempt and non-exempt wastes
Pages: 6
FaxBack:
11226
4/2/91 Clay
to Bohannon
Porter and Gements
wastes derived from the treatment of exempt wastes are generally exempt; if tank bottoms are Pa8«: 2
created during primary field operations, wastes from recovery of oil from the tank bottoms f??o«?ck:
are exempt; solvent wastes from cleaning tank trucks associated with E&P activities are not
exempt
5/21/91 Lowrance to Dodson
Region VID
petroleum contaminated snow-melt is not exempt, since contamination is a result of pipeline P»g«: 11
leak that occurred after custody transfer of the oil *\6\ock:
11/5/93 Weddte
to Dorsey
wv Division of compressor station waste generated as part of transportation not exempt; waste from Pa8es
Environmental Protection compressors handling local production only is exempt; exemption not dependent upon waste
management; CCPs not exempt if material wasn not sent down-hole or did not contact
production stream
Tanning Industry Wastes
1/13/88 Williams to Strassell Sheppard Color Co.
exclusion only applies to wastestreams identified in §261.4(bX6); criteria for excluding a
chromium waste
Pages: 3
FaxBack:
11319
-------
PART 261
261.4(b)(6)
SUBPART A 261.4(b)
Page 132
12/4/95
10/3/89 Scarberry to Cerar
Squires, Sanden and
Dempsey
new data indicate bivalent chromium may pose serious health threat; EPA considering
removing §261.4(b)(6) exclusion for wastes containing bivalent chromium
Pages: 5
FaxBack:
11472
261.4fbM71
3/10/87 Longest
Mining And Mineral Processing Wastes
to Waste Management Regions l-x
Division Directors
definitions of extraction, beneficiation, and processing
Pages: 6
FaxBack:
11226
2/7/89 Lowrance to Gallaher
Allied Aircraft Sales, Inc.
exclusion covers certain wastes from the processing of ores when the feedstock to the smelter Pages: 4
is greater than 50% ore or mineral; feedstock of greater than 50% scrap aluminum would not
qualify
4/26/89 Lowrance to HW Management Regions i-x
Division Directors
boiler slag from performing metals recovery on F006 may qualify for mineral processing
exclusion if persons can demonstrate that use of F006 HW has not significantly affected
hazardous constituent content of slag (SUPERCEDED: see §266.112)
Pages: 5
FaxBack:
11426
261.4fbU8>
Cement Kiln Dust
3/10/87 Longest to Waste Management Regions i-x
Division Directors
definition of CKD
Pages: 6
FaxBack:
11226
7/29/88 Barnes
to Colon
Western Fher Laboratories. CKD is not a HW; mixture of exempt CKD with corrosive liquid will result in
Inc- nonhazardous waste if mixture no longer exhibits any characteristic
Pages: 2
FaxBack:
11358
-------
PART 261 SUBPART A 261.4(b)
261.4(b)(8)
Page 133
12/4/95
4/26/89 Lowrance to HW Management Regions l-X
Division Directors
CKD generated from manufacturing of cement where F006 is used as an ingredient is only
exempt if CKD chemical makeup is not significantly affected by use of HW
(SUPERSEDED: see §266.112)
Pages: 5
FaxBack:
11426
6/9/94 Shapiro to Tureen
Passamaquoddy
Technology, LD.
product clinker and fertilizer produced using previously landfilled CKD is not subject to
Subtitle C as long as the products are commercial grade, do not contain hazardous
constituents in excess of those found in comparable products, and have met applicable LDR
treatment standards
Pages: 2
FaxBack:
11843
2/22/95 Shapiro to Moynihan
United States Senate
CKD exempt until EPA promulgates custom-tailored RCRA Subtitle C rules; CKD
decision applies to all dust whether or not HW fuel burned in kiln, although CKD from
cement kilns co-burning HW must qualify for exclusion through §266.112 test
Pages: 2
FaxBack:
11896
Treated Wood Products
6/28/91 Lowrance to Leutzinger Bums and McDonnell
treated wood exemption applies to wood failing TC for D004-D017, not just arsenic (see
also 57 FR 30657; 7/10/92)
Pages: 1
FaxBack:
11622
261.4fbU10)
Petroleum-contaminated Media And Debris
11/9/90 Lowrance to Bevington
Fulton County Dept of Solid deferral does not apply to D001-D017; no need to run TCLP to determine if wastes exhibit
Wlste characteristic for D018 - D043 provided the wastes are generated as part of UST CA
Pages: 4
FaxBack:
11569
3/7/95 Friedman to Hill
Region I
environmental media (e.g., soil) and debris contaminated with home heating oil from
underground and aboveground residential tanks are exempt as HHW
Pages: 6
FaxBack:
11898
-------
PART 261
SUBPART A
Page 134
12/4/95
261.4(hUin
Injected Groundwatcr
5/9/91 Lowrance to Ullrich EPAHQ
infiltration galleries not exempted by §261.4(b)(l 1) GW injection exclusion; treatment p"8": 2
wastewaters from extracted petroleum-bearing GW are considered sludges and are not eligible f*J?fck:
for extended TC compliance date (exclusion expired 1/25/93)
3/4/93 Lowrance to Ciechon
Sun Co., Inc.
reinjected GW exclusion expires 1/25/93; reinjection after that date can only be performed in Pa8es: 2
regulated underground injection wells FaxBack:
261.4fbM13)
Non-terne Plated Used Oil Filters
10/23/92 Lowrance to Ruby R Way Services
locomotive Filters are eligible for oil Filter exclusion
Pages: 3
FaxBack:
11704
6/13/93 Denit to Lind
DanAm Corp.
non-terne plated used oil filters do not typically exhibit a characteristic when the UO has Pa8es: 2
been removed; exemption does not apply to teme-plated Filters m?ack:
1/12/94 Shapiro to Crawfoid
U.S. Air Force
hydraulic fluid Filters not included in non-teme plated UO Filter exemption; hydraulic fluid is Pa8«: 2
regulated as UO; hydraulic fuel filters that no longer contain UO are still regulated as used FaxBack:
oil when burned for energy recovery
Manufacturing Process Units /Product Vessels
-------
PART 261
SUBPART A 261.4(c)
Page 135
12/4/95
10/11/88 Regas
to Guerry
Collier. Shannon, Rill and
Soon
waste produced at sea is subject to regulation as soon as it is produced unless it is in an
exempt unit such as a product or raw material storage tank, a product or raw material tank
vehicle or vessel, or a manufacturing process unit (see also FFCA)
Pages: 3
FaxBack:
11372
1/26/95 Bussaid
to Duthler
ICI Composites, Inc.
manufacturing process units may include distillation columns, flotation units, or discharge
trays of screens
Pages: 2
FaxBack:
11935
3/8/95 Petruska to Goldman
Morgan, Lewis, and Bockius waste generated in manufacturing process unit or product storage tank not regulated until it pag«: 1
exits the unit or unless it remains in closed unit for more than 90 days; after removal from
unit, waste may be accumulated without permit for additional period, depending on generator
status
4/20/95 Shapiro to Sweeney
Alyeska Pipeline
waste generated in a manufacturing process unit may remain in the unit for up to ninety days
after the unit has been shut down, and may be stored for an additional ninety days in
generator accumulation units
: 5
-Samples Exclusion
1/23/85 Homer to Citizen
owner of waste, sample collector, and laboratory could all be considered generator of HW lab
sample; testing to identify composition or characteristics of a sample is not regulated
treatment; any sample meeting §261.4(d) criteria is exempt from Subtitle C regulation
Pages: 5
FaxBack:
11053
8/11/88 Barnes to Steele
National Institute for
Petroleum and Energy
Research
sample exclusion is for the sole purpose of testing to determine characteristics; preparation
and splitting of samples is pan of analytical procedures, therefore exempt
Pages: 2
FaxBack:
11362
-------
PART 261 SUBPART A 261. 4(d)
Page 136
12/4/95
4/27/89 Straus to Rideout
Dangerous Goods lab samples shipped from Canada are exempt from Subtitle C, including import requirements P«ges: 2
Consultants FaxBack:
11428
8/11/94 Bussard to Prior
Laidlaw Environmental exclusion applies to storage of samples at testing lab for legitimate purpose after completion Pages: 2
Services (North East), Inc. of analysis FaxBack:
3 11866
Treatabilitv Studies Exclusion
8/31/88 Lowrance to Waste Management Region IX
Division Directors
treatability study guidance (fact sheet and decision tree)
Pages: n
ff5E?ck:
1 I Joo
5/4/92 Lowrance to Seeger
Morgan, Lewis, and Bockius treatability study samples that are exported qualify for the exemption; foreign lab does not Pages: 3
need EPA ID number FaxBack:
11667
9/9/92 Bussard to Paulick U.S. Dept of Army reporting and notification requirements for treatability studies
Pages: 2
FaxBack:
11695
261.5
Conditionally Exempt Small Quantity Generators
-------
PART 261
SUBPART A 261.5
Page 137
12/4/95
4/16/85 Claussen to Citizen
owner of recreational sailboat discarding empty can containing PCP wood preservative Pages: 3
residues is typically considered CESQG not subject to HW management regulations; marinas f?£?/?clt:
can arrange for collection of such HW from CESQG boat owners
10/9/86 Greenwood to Peck
MIDNR
a facility permitted, licensed, or registered by the state may manage CESQG waste; state Pages: 3
may use any mechanism to assess the risks associated with facilities handling the exempt **iR3Clt:
waste; an exchange of letters would be appropriate to achieve registration of a facility
2/9/90 Barnes to Johnson
EPAHQ
generator who produces less than one kg of acute HW per calendar month, or no more than Pages: 3
100 kg of HW per calendar month, may qualify as CESQG; CESQGs are subject to reduced
requirements if follow special provisions in §261.5
6/21/91 Lowrance to Constantelos
Safety-Ween
CESQGs may dispose of HW in sanitary or MSWLF as long as landfill is permitted,
licensed, or registered by state to manage municipal or industrial SW
Pages: 3
FaxBack:
11619
11/12/91 Bussard to Eastman
VT Agency of Natural
Resources
batteries generated by CESQG subject to very limited controls
Pages: 2
FaxBack:
11653
7/22/92 Lowrance
to Waste Management Regions l-x
Division Directors
CESQG wastes may be mixed with nonhazardous (e.g., HHW) and remain subject to
CESQG requirements; collection programs that handle the commingled waste are also
subject to the CESQG regulations
Pages: 5
FaxBack:
11681
-------
PART 261
SUBPART A 261.5
Page 138
12/4/95
8/25/92 Lowrance to Muno
Region V
CESQG waste must be treated or disposed in facilities specified in §261.5(g)(3); conditions p»g": 2
apply to off-site and on-site management of CESQG waste; failure to satisfy conditions
triggers full Subtitle C regulation; generators of more than 100 kg per month subject to Part
262
9/4/92 Lowrance to Wilkstrom
National Electrical fluorescent light bulbs from CESQGs may be land disposed in Subtitle D landfill regardless Pages: 2
Manufacturers Association of characteristic properties FaxBack:
6/2/93 Lowrance to Phillips
Air Quality Laboratories CESQG status depends on total amount of HW generated at facility per calendar month; it is Pages: 2
impossible to state whether all generators from a particular industry (e.g., dry cleaning) are
CESQGs; CESQGs are subject only to §261.5
9/1/93 Denit
to Prasil
Recycled Printer's Ink. Inc. lithographic printers may qualify as CESQGs if generate less than 100 kg per month of Pages: 5
ndnacute HW (see also 9/20/93 letter, Petruska to Prasil)
,
1 1765
9/20/93 Petruska to Prasil
Recycled Printer's ink, inc. CESQGs may send waste to a facility that beneficially uses or reuses waste; CESQG waste Pages: '
need not be accompanied by a manifest m-ra ck
12/23/93 Shapiro to Joseph
u.S. Dept of Agriculture person generating less than one kilogram of acute HW per calendar month is CESQG; Pages: 5
weight of containers holding HW need not be counted towards category limit; both on- and
off-site facilities managing CESQG's acute HW must meet criteria of §§261.5(0(3)(i)-(v)
Counting
-------
PART 261 SUBPART A 2(1.5(c)&(d)
Page 139
12/4/95
1/17/82 Friedman to McLaughlin Region vil
quantity determination for spent spray booth filters includes weight of filter and paint
Pages: 2
FaxBack:
11024
8/19/86 Lehman to Blackburn
Travenol Laboratories. Inc. only HW subject to substantive regulation is counted for purpose of determining generator Pag«: 5
category; corrosive HW piped directly from point of generation to neutralization unit and
CWA sewer discharge is not counted
9/8/86 Williams to Cooper
Printing Industries of generator status is determined by totaling all HW generated in a calendar month
America, Inc.
Pages: 2
FaxBack:
11178
4/15/87 Petruska to Koch
ID Dept. of Health and generator must count still bottoms if solvent directly recycled without any storage; recycled Pa£es: 5
Welfare solvents are only counted once
7/30/87 Williams to Feigner
Region X
count entire aid to navigation (ATOM) battery in weight calculations; each ATON unit
service area (landbased or tender vehicle) is a point of generation subject to applicable
generator standards; satellite accumulation area provisions do not apply to ATON service
locations
Pages: 9
FaxBack:
11270
9/2/87 Williams to Hutchinson University of ID acute HW counted and managed separately from non-acute HW
Pages: 1
FaxBack:
11288
-------
PART 261
SUBPART A 261.5(c)&(d)
Page 140
12/4/95
12/9/87 Williams to Sklar
Recyclene Products, Inc,
generators who treat or reclaim solvent waste on site need not count distillation bottoms if
original waste has already been counted once; CESQGs may treat, store, or dispose waste on
site or off site if meet §261.5(g)(3); recycling facilities may accept CESQG waste
Pages: 3
FaxBack:
11308
4/20/88 Straus
to Bowes
Finish Engineering Co, Inc.
if generator reclaims HW spent solvent but does not store it prior to reclamation, only still
bottoms are counted; if generator stores spent solvent before reclamation, spent solvent is
counted, but still bottoms are not
Pages: 2
FaxBack:
11341
7/29/88 Lowrance to Akenhead
Univertity of Nevada-Reno generator should only count HW thai is subject to regulation; spent dry-cleaning filters
placed directly into distillation unit without intervening storage are not counted
Pages: 3
FaxBack:
11359
4/18/89 Lowrance to Boyd
Sidley and Austin generators must determine generator status based on the total amount of HW generated in a
calendar month, including the amount of spent solvent generated before it is recycled
(assuming solvent is subject to substantive regulation prior to entering recycling unit)
Pages: 2
FaxBack:
11420
8/1/90 Bussard to Farley
McGuire, Woods, Battle,
and Boothe
generators using the AMUSON recycling system do not count waste that is not stored prior
to placement in the treatment tank; treatment tank may not be regulated if subject to reduced
CESQG requirements or permit-exempt generator accumulation units
Pages: 10
FaxBack:
11546
12/23/93 Shapiro to Joseph
U.S. Dept of Agriculture
person generating less than one kilogram of acute HW per calendar month is CESQG;
weight of containers holding HW need not be counted towards category limit; both on- and
off-site facilities managing CESQG's acute HW must meet criteria of §§261.5(f)(3)(i)-(v)
Pages: 5
FaxBack:
11803
2/10/94 Shapiro to Dolce
GZA-AET
wastes in satellite accumulation areas must be included in the generator's monthly waste
quantity determination
Pages: 2
FaxBack:
11812
-------
PART 261
SUBPART A 261.5(c)&(d)
Page 141
12/4/95
8/10/95 Petruska to McCoy
CPICorp.
generator of spent photo fixer who does not accumulate fixer prior to reclamation need not. P»g«: 2
count waste towards generator status and may not be subject to regulation
261.6faM21
Recyclable Materials Subject To Part 266
11/14/85 Claussen to Wyatt
Leggett and Plan, Inc.
waste pickle liquor (K062) used as ingredient in fertilizer is use constituting disposal,
therefore a SW and HW; fertilizer product derived from K062 is regulated under Part 266,
SubpartC; if produced for general public's use, product is exempt (SUPERCEDED: see
§266.20(b))
Pages: 3
FaxBack:
11112
11/25/85 Straus to Mahoney
Bridgeport Brass Corp.
zinc oxide dust (characteristic sludge) is a SW when recycled in manner that constitutes
disposal, thus subject to Part 266, Subpart C
Pages: 2
FaxBack:
11113
1/22/86 Straus to Andrews
industrial and Agricultural materials that will be incorporated into products used on land are SW and potentially HW; P»g«: 2
Chemicals. Inc. corrosive spent copper sulfale bath to be used in fertilizer is SW and HW; fertilizer product
derived from characteristic HW not regulated after characteristic removed (amended by
§266:20(b))
11124
8/21/86 Straus to Meyers
The Fertilizer institute use of K061 (emission control dust/sludge from the primary production of steel in EAF) as Pa««: 3
fertilizer is subject to use constituting disposal regulations in Part 266, Subpart C ni74*clt
9/11/86 Williams to Schauble
Frit Industries, Inc. zinc micronutrient fertilizers that contain K061 are exempt under §266.20(b) provided they p«8": 12
arc produced for the general public's use and that the K061 -derived fertilizer is handled in a f "79 **'
manner commensurate with comparable fertilizer products; definition of zinc micronutrient
fertilizer
-------
PART 261
SUBPART A 261.6(a)(2)
Page 142
12/4/95
11/19/86 Straus to Straume
VS. Air Force
buttons and other metal items, if not exempt as scrap metal, can be subject to Part 266,
Subpart F if recycled for precious metals; silver recovery cartridges that are only partially
reclaimed are still subject to Part 266, Subpart F (see also 8/4/95 letter, Petruska to
Thompson)
Pages: 11
FaxBack:
11197
12/19/86 Straus to Weisberg
Technic Inc.
precious metal-containing HW are subject to Part 266, Subpart F, including notification,
recordkeeping, and manifesting requirements
Pages: 1
FaxBack:
1.1206
4/15/87 Williams to Conte
Petroswill Chemicals, Inc.
blending recycled solvents to produce a marketable solvent is not subject to regulation;
solvent and chemical mixture resulting from blending error that is sold as fuel becomes a
SW and HW when it is determined that it is not suitable for solvent use; HW fuel blending
tanks regulated - .
Pages: 3
FaxBack:
11238
6/24/87 Straus
to Bello
Northspur
EPA regulates the recycling of hazardous spent materials (batteries) in §261.2, §261.6, and
Part 266, Subpart G; used lead-acid batteries that are not reclaimed in any way can be sold or
given away for further use as batteries without being subject to regulation
Pages: 2
FaxBack:
11258
9/17/87 Grieder
to Dionne
Environment Canada
intact lead-acid batteries shipped to Canada are not subject to manifesting or export
notification because no reclamation has taken place
Pages: 6
FaxBack:
11294
11/28/88 Cochran to Norman
Industrial Safety and Health bits and pieces of lead metal from batteries can meet the definition of scrap metal and be
Consultants, inc. exempt from regulation; if metal battery pieces are mixed with other wastes that are
regulated, the exemption no longer appb'es
Pages: 9
FaxBack:
11383
3/27/89 Straus
to Johnson
SAFCO Environmental
HW fuel blending tanks are subject to storage regulations (not exempt recycling units);
federal regulations do not specify an allowable holding time before off-loading a shipment of
HW into the recycling process; some states may allow up to 24 hours before a storage
permit is required
Pages: 2
FaxBack:
11411
-------
PART 261 . SUBPART A 261.6(a)(2)
Page 143
12/4/95
6/16/89 Straus to Lodfck
North Coast Associate!, inc. spent abrasives from sandblasting used as an ingredient in Portland cement are subject to HW p"8": 2
regulation if characteristic, including manifesting and export notification 1^433 °k:
6/30/89 Cannon to McBeath
American Public Health
Association
no plan to develop specific rules regarding recycling of dental amalgam
Pages: 4
FaxBack:
1)438
12/20/89 Barnes to Levy
Region I
recyclable materials that are subject to Part 266 are also subject to Part 268 LDR paperwork Pag«:
unless specifically exempted from LDR in Part 261 or Part 268
2/13/90 Lowrance to Duprey
Region VIO
legitimacy of use of K061 as an ingredient must be demonstrated when claiming the Pa8es: 13
recycling process is exempt under §2616(c)(l); K061 used as ingredient of cement is a SW
because cement is a product that is typically applied to the land
6/13/90 Lowrance to Richards
Applied Environmental
Technologies Corp.
Part 266, Subpart E standards apply to all hazardous and nonhazardous UO burned for energy Pages: 4
recovery, provided it has not been mixed with a listed waste (amended by Part 279)
7/16/90 Lowrance to Eschbom
DuPont Recovery
Management Systems
reclamation of precious metals (silver) from used photographic fixer solution is subject to p»g«: 3
the reduced recycling regulations of Part 266, Subpart F
8/13/90 Lowrance to Citizen
restrictions on use of UO as dust suppressant (SUPERCEDED: see Part 279)
Pages: 1
FaxBack:
11549
-------
PART 261
SUBPART A 261.6(t)(2)
Page 144
12/4/95
10/30/90 Lowrance to Duprey
Region
as long as UO removed from filter is to be recycled, crushing oil filter to remove UO falls P»g": 3
within used oil recycling exemption of §§261.2(a)(2) and (a)(3) (SUPERCEDED: see n<2?clt:
§§261.6(a)(4)and279.10(c)) .
2/5/91 Lowrance to Linson
IN Dept. of Environmental Part 266, Subpart F precious metals that are exported for reclamation are also subject to Part P»g«: 2
Management 262 export requirements; export requirements apply to wastes that require a manifest
7/9/91 Bussaid to Campbell
American Petroleum
Institute (API)
1989-1990 used oil sampling data, gathered to support UO characterization effort (see also 57 P"ges: 25
FR 41566; 9/10/92)
8/6/92 Bussard to Bromm
EPAHQ
HW-derived fertilizer is subject to Part 266, Subpart C; to qualify for §266.20(b), it must be P"Bes: 2
a legitimate product and meet LDR treatment standards; §266.20(b) exemption from LDR ^*B*ck:
treatment standards for K061 -derived zinc fertilizers produced for the general public's use
2/28/94 Shapiro to Donovan Disposal Control Service,
Inc.
spent photographic fixer solution is a spent material, subject to regulation as precious metal Pag": 3
when reclaimed; silver-bearing sludge precipitated from spent fixer is not a SW when m?4Ck:
reclaimed, and so no longer subject to Part 266, Subpart F; precipitation process is exempt
recycling
* 261.6faM31
Conditionally F.«emnt Wastes
12/20/89 Barnes to Levy
Region I
recyclable materials listed in §261.6(aX3) are exempt from Part 268 LDR paperwork
requirements
Pages: 2
FaxBack:
11482
-------
PART 261
SUBPART A 261.6(»)(3)
Page 145
12/4/95
Used Batteries Sent For Regeneration
7/28/86 Straus to Westbrook
Westbrook and Williams, regeneration and resale of used lead-acid batteries is exempt from regulation
Inc.
Pages: 1
FaxBack:
11167
5/23/90 Lowrance to Bergeson
Fox. Weinberg, and Bennett exemption for batteries returned to the manufacturer for regeneration does not apply to the
export of spent nickel-cadmium batteries for reclamation; draining batteries does not
constitute regeneration
Pages: 3
FaxBack:
11517
3/4/91 Lowrance to Svanda
MN Pollution Control
Agency
EPA draws a clear distinction between regeneration (processing to remove contaminants to
restore product) and material recovery (processing to recover material as an end product);
batteries sent for smelting are not exempt under §261.6(a)(3) (smelting is not regeneration)
Pages: 3
FaxBack:
11586
1/28/93 Lowrance to Ross
Sanyo Energy Corp.
used batteries sent to a battery manufacturer for regeneration are not subject to Part 262
export requirements
Pages: 2
FaxBack:
11723
10/22/93 WedoTe to Clutter
Marathon Power
Technologies
nickel-cadmium repair process (replacing damaged separator material and electrolytes) may Pa8": 2
qualify for §261.6(a)(3) exemption for batteries returned to the manufacturer for regeneration
because the activity is similar to recycling CCPs
1/12/95 Petruska to Bryant
The Technical Group, he battery regeneration exemption applies to batteries regenerated at any type of facility; Pa««: 4
exemption only covers batteries sent for regeneration, other types of recycling are subject to
Subtitle C regulation; lead-acid batteries recycled in all ways covered under Part 266, Subpart
G (see also Part 273)
-------
PART 261
SUBPART A 261.6(«)(3)
Page 146
12/4/95
Scrap Metal That Is Recycled
2/13/85 Skinner to Merrigan Madison industries, inc.
pending further study, EPA is exempting hazardous scrap metal that is sent for recycling
from regulatory control
Pages: 3
FaxBack:
11057
3/21/85 McGraw to Baucus
Occidental Chemical Corp. it is within EPA's jurisdiction, and consistent with Congressional intent, to regulate
materials being recycled or held for recycling, as SW and HW; EPA does not regulate
hazardous scrap metal that is being reclaimed (until further study)
Pages: 4
FaxBack:
11063
8/9/85 Straus
to Lead
General Battery Corp.
industrial steel battery cases and lead plates from which acid and lead components have been Paees: 3
removed are scrap metal; mixtures of scrap metal (battery cases) and other regulated
recyclable materials (lead oxides) must be managed as HW when sent for reclamation
12/18/85 Straus
to Licht
Charles Licht Engineering scrap metal that contains precious metals is exempt from regulation under §261.6(a)(3)
Associates, Inc.
Pages: 2
FaxBack:
11117
2/25/86 Williams to Volz
McKetma, Conner and
Cuneo
metal torpedo components which must be decontaminated before reuse are not exempt under Pa8c»: 3
§261.2(e), because they must first be regenerated before reuse; instead, such components are F»*Back:
scrap metal, which is exempt from regulation when sent for reclamation
11134
10/20/86 Straus
to Morford
Stoel. Rives, Boley. Pnser. mixtures of scrap metal (metal plates) and non-scrap metal (lead oxide sludge) removed from Pases: 7
and Wyse spent lead-acid battery regulated as HW, not scrap metal; scrap metal exempt when recycled ^"B?ck:
whether characteristic or not; metal that contains only an oily film is still considered scrap
metal
-------
PART 261
SUBPART A 261.6(«)(3)
Page 147
12/4/95
11/19/86 Straus to Straume
U.S.AirFofce
buttons, eyeglass frames, insignia from uniforms, and electronic scrap may be scrap metal; if Pag": H
hot scrap metal, they are considered spent materials subject to Part 266, Subpart F when fn?7Ck:
reclaimed for their precious metal content
5/2/88 Lowrance to Harkin
U.S. Senate •
metal parts that meet the definition of scrap metal in §261 .l(c)(6) are not subject to Subtitle Pa8es: 2
C regulation when recycled '
4/S/89 Barnes to Bzura
Old Bridge Oetnicali
"drove" generated by the brass industry is neither spent material nor sludge (provided it is
not derived from a pollution control device), but rather co-product or a by-product; some
components of drove may meet definition of scrap metal
Pages: 2
FaxBack:
11416
6/6/89 Cannon to Goodling
U.S. House of
Representatives
discarded automotive parts and electronic devices that meet the definition of scrap metal are Pages: 2
exempt from RCRA Subtitle C regulation when sent for reclamation
7/20/89 Kidwell to Douglas
Electrum Recovery Works, solder skimmings are by-products, not scrap metal; regulatory definition of scrap metal is Pases: 2
Inc- not based on the value of the material or the process by which it is reclaimed, but rather on
the material's physical appearance and previous use, by-products sent for reclamation are not
SW
4/23/91 Lowrance to Levy
Region I
applicability of LDR paperwork to recycled secondary materials depends on material's
regulatory status; scrap metal that is recycled is not subject to LDR paperwork
Pages: 1
FaxBack:
11600
9/26/91 Lowrance to Schaeffer
American Tracking
Associations
no HW determination necessary for oil filters destined for scrap metal recycling (see also
§261.4(b)(13)); crushed oil filters are unlikely to exhibit TC
Pages: 2
FaxBack:
11643
-------
PART 261
SUBPART A 261.6(*)(3)
Page 148
12/4/95
8/26/92 Lowrance to Waste Management Regions l-x
Division Directors
unprocessed, spent printed circuit boards qualify for scrap metal exclusion as generated; Pages: 3
residuals from processing of spent circuit boards (e.g., shredded pieces, sweeps, ash, fluff, or
baghouse dust) may not qualify as scrap metal, but instead may be spent materials,
by-products, or sludges
11/10/92 Lowrance to Burke
Rode and Qualey
spent photoconductor drums taken from photocopying machines are exempt from regulation Pages: 2
if they qualify as scrap metal and are sent for reclamation
1/4/93 Shapiro to Campbell
Katec Inc.
steel aerosol cans qualify as scrap metal if they do not contain a significant amount of liquid Pages: i
(e.g., cans that have been punctured and drained)
4/29/93 Lowrance to Tighe
Tighe. Mclnroy and Corbett solder drippings generated during radiator repair operations qualify for scrap metal exclusion Pages: 2
when recycled ' F?74ock:
4/29/93 Lowrance to Truitt
Piper and Marbuiy
lead foil from dental x-ray packages qualifies for the scrap metal exclusion when recycled
Pages: 2
FaxBack:
11742
9/14/93 Petruska to Yazdanpanah
Price Pfister Inc.
scrap metal that fails TC for lead is excluded from RCRA Subtitle C regulation when
Pages: 1
recycled; deferral to implementing agency for determination of whether brass panicles from FaxBack:
belting/buffing of brass castings are scrap metal
9/20/93 Denit
to Miller
Le*d Industries Association, spent solder baths, or "pot dumps" meet definition of scrap metal, are exempt when recycled; Pa8es: *
Inc- §261.2(0 documentation applies to scrap metal that is conditionally exempt based on FaxBack:
recycling; scrap metal that will be recycled is still a SW, could be subject to regulation if '17?1
abandoned through disposal
-------
PART 261
SUBPART A 261.6(«)(3)
Page 149
12/4/95
9/24/93 Petmska to Douglas
Recovery Works spent solder baths generally meet definition of scrap metal
Pages: 1
FaxBack:
11775
10/7/93 Denit
to DiFazio
Oiemicai Specialties steel aerosol cans are scrap metal when recycled if they do not contain significant liquids
Manufacturers Association
Pages: 3
FaxBack:
U780
10/7/93 Denit
to Crawford
Steel Recycling institute steel aerosol cans are scrap metal when recycled if they do not contain significant liquids
Pages: 3
FaxBack:
11782 '
1/4/94 Shapiro to Campbell
Katec, Inc.
steel aerosol cans that do not contain a significant amount of liquid (e.g., can has been
punctured and drained) meet the definition of scrap metal; aerosol cans that are recycled as
scrap metal are exempt, generator not required to make a HW determination
Pages: 1
FaxBack:
11806
5/9/94 Bussard to Mauro
U.S. Navy
oxygen breathing apparatus (OBA) used by firefighters could qualify as exempt scrap metal Pages: 17
when recycled; no need to determine if recycled scrap metal is HW; emptying steel OBA
canister could be exempt scrap steel recycling process
7/29/94 Bussard to Sahler
NY Gat Group
any quantity of liquid mercury other than trace amounts attached to a material precludes scrap Pases: 2
metal definition; used natural gas regulators may qualify as scrap metal once mercury and
other liquids removed
9/28/94 Shapiro to Prior
Laidlaw Environmental scrap metal is both a SW and a HW, but is exempt if recycled; respondents in enforcement Pa8«: 6
Services (North East), Inc. actions claiming exemption under §261 .6(aX3) must be able to document legitimacy of
recycling per §261.2(0
-------
PART 261
SUBPART A 261.6(a)(3)
Page 150
12/4/95
Fuels From Refining Oil.hearlng Hazardous Waste
3/22/85 Skinner to OTCeefe American Petroleum EPA does not wish to regulate petroleum products whose production involves reintroducing p»g«: 5
American Petroleum
Institute
HW from refinery back into refining process (see also §261.6(a)(3)); EPA will study issue of
oils that are recovered from refinery HW and returned to refining process (see also
§261.4(aX12))
9/4/87 Williams to Kertcher
EPAHQ
§261.6(a)(3)(vii) exemption applies only to coke and coal tar products that are recycled from Pages: 5
coal tar decanter sludge (K087), not to K087 stored in waste pile prior to recycling F?5£?ck:
i i^yu
12/24/87 Williams to Miner
EPAHQ
regulatory status of coal tar decanter sludge waste pile; K087 stored prior to recycling in coke Pa8es: 4
and coal tar production is not exempt from regulation under §261.6(a)(3)(viii)
1/8/91 BllSSaid to Dixon Thermal Waste
Management
fuel that is produced (and oil reclaimed and used as a fuel) from petroleum refining,
production, and transportation, by processes other than normal refining operations, is
eligible for §261.6(a)(3) exemptions; clarification of petroleum refining process
Pages: 6
FaxBack:
11574
7/26/94 Shapiro
to Waste Management Regions l-x
Division Directors
summary of 59 FR 38536; 7/28/94 (response to AMC and API petitions) excluding
recovered oil from definition of SW when returned to petroleum refining process prior to
distillation or cracking; expanded exemption for petroleum coke produced from off site
oil-bearing HW
Pages: 2
FaxBack:
11859
5/25/95 Shapiro to Spratlin
Region Vn
"syngas" fuel from gasification unit at Kansas petroleum refinery is derived from F037, Pa«": 2
K022, and K051, but is not subject to RCRA Subtitle C regulation due to §261.6(a)(3)(iv)
exemption for fuels created by refining oil-bearing HW during normal refinery operations
Used Oil That Is Recycled
-------
PART 261 SUBPART A 261.6(»)(4)
Page 151
12/4/95
3/6/87 WUliams to Sanderson
Region VII
UO burned for energy recovery is subject to Part 266, Subpart E; UO recycled in any other Pa8": 3
manner is exempt from regulation (SUPERCEDED: see Part 279) mas ck:
6/13/90 Lowrance to Richards
Applied Environmental characteristic UO recycled in a manner other than burning for energy recovery is not subject Pa8": 4
Technologies Corp. to RCRA Subtitle C (SUPERCEDED: see Part 279) Ff ;?ack:
1 13^1
10/30/90 Lowrance to Duprey
Region Vffl
as long as UO removed from filter is to be recycled, crushing oil filter to remove UO falls Pases: 3
within used oil recycling exemption of §§261.2(a)(2) and (a)(3) (SUPERCEDED: see
§§261.6(a)(4) and 279.10(c))
7/9/91 Bussard to Campbell
American Petroleum
Institute
1989-1990 used oil sampling data, gathered to support UO characterization effort (see also 57 Paees: 25
FR 41566; 9/10/92)
261,61111
Generators. Transporters Of Recycled Materials
1/6/86 Straus to Robbins
KohlerCo.
any person storing spent materials before reclamation is subject to §262.34 as a generator or Pa8es: 2
to the Part 264/265 regulations as a TSDF; transportation of foundry sands prior to
reclamation is subject to Part 263
12/2/86 Straus to Hayes
Hogan and Hanson
reclamation of spent solvents at generator facilities is HW treatment, but is exempt from
regulation under §261.6(c); spent solvents are subject to regulation prior to reclamation;
generators managing spent solvents under §262.34 prior to reclamation are not subject to
permitting
Pages: 3
FaxBack:
11200
-------
PART 261
SUBPART A 261.6(b)
Page 152
12/4/95
8/12/87 Williams to Cox
AL Dept. of Environmental if a sludge is reclaimed for metals recovery and fertilizer use, management of the sludge is p»8": 2
Management subject to §§261.6(b) and (c) because some of the managment of sludge is use constituting *f$£A:
disposal
11276
5/23/90 Lowrance to Bergeson
Fox, Weinberg, and Bennett nickel-cadmium batteries, if spent, are subject to all applicable regulations (including
manifesting) of Parts 262 and 263; generator must determine if battery is spent
Pages: 3
FaxBack:
11517
Recvclers. Storers Of Recyclable Materials
8/13/84 Weddte
to Hohman
Region!
storage prior to recycling regulated under RCRA Subtitle C; recyclers not storing HW before Pas«: 3
recycling are not subject to regulation
2/22/85 Skinner to Rice
TX Mid-Continent Oil and regulated storage units where incidental reclamation of K048 and K049 takes place v. exempt Pa8cs: 4
Gas Association Ojj reclamation units; emulsion storage is subject to regulation before entering and after
leaving reclamation unit; recovered oil is exempt when introduced into refining process
7/10/85 Skinner to Suska
Baltimore City Health DepL carbon regeneration facilities storing carbon before recycling need storage permit and Subpart Pases: 3
O permit if unit meets definition of incinerator; drum recyclers handling containers that are ?fnogck:
empty according to §261.7 do not need storage permit
1/6/86 Straus to Robbins
KohlerCo.
storage of spent foundry sands prior to reclamation is subject to §262.34 or Parts 264/265 Pa««: 2
and 270; the reclamation process itself is exempt from regulation m?Qa<*:
-------
PART 261
SUBPART A 261.6(c)
Page 153
12/4/95
2/13/86 Straus to Darrah
Resolve industries recycling facility that does not store waste prior to recycling does not need a RCRA Subtitle p»8«: 2
C permit; facility must comply with §3010 notification requirements and manifest
requirements of §§265.71 and 265.72
4/2/86 Williams to Wassersug
Region DI
carbon regeneration facility is subject to storage requirements, including permitting, prior to Pa8«: 6
regenerating spent carbon; regeneration operation (including the afterburner) is exempt from ^??B|ck:
regulation (SUPERCEDED: see Part 266, Subpart H and §261.6(d))
12/2/86 Straus to Hayes
Hogan and Hanson
reclamation of spent solvents at generator facilities is HW treatment, but is exempt from
regulation under §261.6(c); spent solvents are subject to regulation prior to reclamation;
generators managing spent solvents under §262.34 prior to reclamation are not subject to
permitting
Pages: 3
FaxBack:
11200
5/20/87 Straus to Russell
Russel Resources, Inc.
spent pickle liquor destined for reclamation is SW and HW subject to all applicable Subtitle Paees: 5
C generator, transporter, and storage regulations until it enters exempt recycling unit
7/14/87 Williams to Weisberg
MCW, Inc., Consulting EPA does not regulate the actual process of reclamation; generator performing distillation Pages: 8
Engineers would not need to comply with additional requirements
11/4/87 Williams to Cox
AL Dept of Environmental zinc sulfate recovered from zinc oxide that is used to produce a fertilizer is a SW; facility that Pa8«; 4
Management \iK$& hazardous sludge to recover a usable material (i.e., zinc sulfate) is subject to §26 1 .6(c)
requirements for recycling facilities
™
6/15/88 Barnes to Yaori
Sumitomo Corp. of America process of reclaiming K061 is generally not regulated under RCRA
Subtitle C
Pages: II
FaxBack:
11353
-------
PART 261
SUBPART A 261.6(c)
Page 154
12/4/95
7/29/88 Lowrance to Akenhead
University of Nevada-Reno spent dry-cleaning filters placed directly into distillation unit without intervening storage are Pages: 3
not subject to Subtitle C regulation
8/31/88 Lowrance to Svanda
MN Pollutian Control
Agency
recycling facility where is waste directly off-loaded from vehicles into recycling equipment Pages: 4
does not need a storage permit; each facility must be evaluated on a case-by-case basis to fnes**1
determine if storage occurs
10/27/88 Lowrance to Wagoner
Region VII
EPA generally does not consider treated wastewater to be reclaimed product and thus does not Pages: 3
consider wastewater treatment to be exempt recycling; in certain cases, treated wastewater . ?fj5f *k:
that is legitimately reused is considered reclaimed and loses SW status
12/7/88 Lowrance to Stapleton
Stapleton Company unit reclaiming plating wastes is not regulated under Subtitle C unless reclamation process Pages: 6
involves land disposal or incineration; owner and/or operator of recycling unit must follow
requirements of §261.6(c) and needs permit only for HW storage prior to or after recycling
12/9/88 Lowrance to Trigger
Qaifc, Klein and Beaumont EPA allows time for off-loading waste into recycling process without obtaining a storage Pages: 2
permit; specific timeframe determined by the appropriate Region or state office FaxBack:
113oO
1/3/89 Barnes
to Hazardous Waste Regions l-X
Management Division
Directors
EPA allows time for off-loading waste into recycling process without obtaining a storage
permit; specific timeframe determined by the appropriate Region or state office
Pages: 2
FaxBack:
11388
3/13/89 Lowrance to Petersen
National Association of
Solvent Recyclers
direct transfer of solvents from transportation tanks into distillation equipment does not
require a storage permit
Pages: 2
FaxBack:
11404
-------
PART 261
SUBPART A 261.6(c)
Page 155
12/4/95
3/27/89 Straus to Johnson
SAFCO Environmental HW fuel blending tanks are subject to storage regulations (not exempt recycling units); . p»8": 2
federal regulations do not specify an allowable holding time before off-loading a shipment of f!5?,lck:
HW into the recycling process; some states may allow up to 24 hours before a storage
permit is required
8/1/90 Bussard to Farley
McGuire. Woods, Battle,
andBoothe
EPA generally does not consider treated wastewater to be reclaimed product and thus does not Pages: 10
consider wastewater treatment to be exempt recycling; in certain cases, treated wastewater* ff<4fiClt:
that is legitimately reused is considered reclaimed and loses SW status
5/28/92 Lowrance to Johnson
Crush-A-Matic
crushing dry cleaning filters is exempt recycling; storage prior to recycling may require a
permit or may be subject to generator regulations of §§262.34 or 261.S
Pages: 2
FaxBack:
11670 '
6/24/92 Bussard to Nash
Attorney at Law
whether the processing of aerosol cans constitutes treatment requiring a permij. or exempt
recycling is a determination made by each Region on a case-by-case basis
Pages: 1
FaxBack:
11674
4/30/93 Lowrance to Dodgion
NV Dept. of Conservation recycling is normally considered a form of HW treatment that is exempt from regulation
and Natural Resources
Pages: 2
FaxBack:
11745
7/28/93 Denit to Redington
Monsanto Co.
while crushing mercury-containing fluorescent lamps constitutes HW treatment, it can be Pa8": 2
exempt from regulation if a necessary part of legitimate recycling process (see also 6/5/95 ['759 clc:
letter, Petruska to Jenkins); storage of crushed lamps is still subject to regulation
9/1/93 Denit
to Prasil
Recycled Printer's ink, he. reclamation of waste ink not regulated under RCRA Subtitle C; storage of waste ink prior to p«8«: 5
recycling is subject to permit standards; whether temporary holding area is subject to permit
standards is decided on a case-by-case basis
-------
PART 261
SUBPART A 261.6(c)
Page 156
12/4/95
10/7/93 Denk
to DiFazio
Chemical Specialties emptying steel aerosol can by puncturing and draining may be exempt as step in recycling of
Manufacturers Association pan 35 gc^p metal; steel aerosol can qualifies as scrap metal if it does not contain significant
liquids (i.e., is fully drained) and is therefore exempt from regulation when sent for recycling
10/7/93 Denit to Crawford
Steel Recycling Institute
emptying steel aerosol can by puncturing and draining may be exempt as step in recycling of Pa«": 3
can as scrap metal; steel aerosol can qualifies as scrap metal if it does not contain significant
liquids (i.e., is fully drained) and is therefore exempt from regulation when sent for recycling
12/27/93 Shapiro to Simon
Region II
furnaces legitimately recovering precious metals fall within Part 266, Subpart F exemption
and are not subject to Subpart O incinerator rules and most BIF rules, except for one-time
notification/certification, and sampling and analysis; criteria for legitimate precious metal
recovery
Pages: 4
FaxBack:
11804
5/9/94 Bussard to Mauro
U.S. Navy
oxygen breathing apparatus (OBA) used by firefighters could qualify as exempt scrap metal
when recycled; emptying steel OBA canister could be recycling process exempt from all
regulation except §261.6(d); if canister not to be recycled, emptying it could require
treatment permit
Pages: 17
FaxBack:
11835
9/19/94 McAlister to Steger
ID Dept. of Health and
Welfare
burning HW in an incinerator is not exempt recycling, but incineration regulated under Parts Pas": 2
264 or 265, even if some energy or material recovery occurs f f JB,ack:
1 1 O / J
9/28/94 Shapiro to Prior
Laidlaw Environmental materials that are not SW when recycled remain exempt even if shipped to recycler by way of Pascs: 6
Services (North East), he. TSDF FaxBack:
0 11877
10/7/94 Shapiro to Trafton
Recovery Express processing LBP waste that exhibits TC for lead (D008) is not subject to regulation if
necessary part of legitimate recycling process (e.g., to meet vendor's specification); storage
of HW LBP before or after such exempt processing is still regulated
Pages: 2
FaxBack:
11880
-------
PART 261
SUBPART A 261.6(c)
Page 157
12/4/95
3/8/95 Shapiro to Richter
American Foundrynten'i
Society
nonthermal reclamation of foundry sand (screening sand to remove metal residuals) is exempt p»8": I0
recycling process; thermal reclamation using controlled flame to destroy organics in sand is ff5{i?ck:
HW incineration subject to Pan 264/265, Subpart O
5/25/95 Shapiro to Spratlin
Region VII
gasification unit at Kansas petroleum refinery producing "syngas" from listed waste is Pa8": 2
exempt recycling unit per §261.6(cXl); no permit needed for storage of listed feedstocks prior
to recycling if generator accumulation limits not exceeded; interpretation does not apply to
all gasification units
6/5/95 Petruska to Jenkins
AL Dept of Envirannienul crushing mercury-containing fluorescent lamp* at generator or other facility is exempt if pan Pae«s: 6
Management of legitimate recycling process; recycling process exemption can apply even if portions of .
recycling operation carried out at different sites; crusher carries burden to ensure bulbs are
actually recycled
11906
6/23/95 Shapiro to Downey
Downey Chandler, Inc.
liquid ion exchange technology traditionally used to remove metal contaminants from Pag«: 3
wastewater prior to discharge, but also can qualify as exempt recycling process when used to
recover metals from wastewater, explanation of ion exchange wastewater treatment
technology
261.7
Emotv Containers
11/18/80 Dietrich to Reynolds
Gold Mist, Inc.
CCP container rinsate is HW via mixture rule (see also 7/21/89 letter, Barnes to Schiffman)
FaxBack:
11004
11/28/84 Skinner to Klepitsch
EPAHQ
container not "empty" unless any and all industry practices normally used to achieve
maximum possible removal are used; tank cars qualify as containers
Pages: 1
FaxBack:
11048
-------
PART 261
SUBPART A 261.7
Page 158
12/4/95
7/10/85 Skinner to Suska
Baltimore City Health Dept drum recyclers handling containers that are empty according to §261.7 do not need RCRA P«8eJ: 3
Subtitle C storage permit; storage of non-empty containers would require at least a permit f ?„£? ck:
11 UoV
for HW storage
2/9/87 Williams to Dietrich
ICF Technology
bags that contained technical grade 2,4-D pesticide CCP and have been emptied according to Pa§«: l5
§261.7 might still exhibit TC for 2,4-D (D016) and be regulated as HW
4/15/87 Corson to Whitehead
Madison Chemical
Industrie!, inc.
emptying containers per §261.7 requires (1) that all wastes be removed from container using Pages: 3
commonly-employed emptying practices and (2) meets "1 inch" or "3 percent" criterion; .
only containers that held P-listed products need triple rinsing
5/13/87 Scarberry to Whitehead
Madison Chemical
Industries. Inc.
containers holding listed or characteristic residues should be emptied according to §261 .7 to Paees: 2
ensure the containers are no longer subject to Subtitle C regulation '
9/1/88 Lowrance to Whitman
SWInc.
Region is in best position to determine if aerosol cans are HW; generally, cans are hazardous Pa8«: 2
they contain a listed or characteristic CCP and are not empty per §261.7 and/or if the cans
themselves exhibit a characteristic
1/3/89 Lowrance to Fields
EPAHQ
empty container rule does not apply to contaminated clothing and personal protective
equipment (PPE); empty container rule only applies to containers
Pages: 2
FaxBack:
11387
6/5/89 Lowrance to Bailey
VA Dept of Waste
Management
residues remaining in or removed from containers that have already been rendered "empty" p«8«: 2
according to §261.7 are not regulated; such residues from empty containers are regulated if *• JBack:
subsequent management (i.e., incineration) causes them to exhibit a new characteristic
-------
PART 261
SUBPART A 261.7
Page 159
12/4/95
7/21/89 Barnes to Schiffman
NJDEP
if tanker truck holding P- and U-listed HW is rendered empty according to §261.7 (contents **&»-. 4
removed using "reasonable" means and less than one inch or 0.3% of tanker volume ^\*8ick:
remains), water from subsequent rinsing is not regulated, even if it contains traces of P- or
U-listed chemicals
4/10/90 Lowrance to Stoll
Freedman. Levy. Kroll. and if rinsing is conducted on non-empty container or to render container empty, rinsate is
Simonds subject to all HW regulations; if container that is already "empty" according to §261.7 is
rinsed, rinsate is exempt from regulations, including requirement to determine whether
rinsate is characteristic
Pages: 1
FaxBack:
11504
9/13/90 Lowrance to Winwood
U.S. Customs Service
in some instances, §261.7 allows an "empty" and unregulated container to hold up to one
inch of HW; "one inch" criterion is not sole factor governing whether or not container is
legally empty and exempt from regulation
Pages: 4
FaxBack:
11559
10/30/90 Lowrance to Duprey
Region VID
generally, used automotive oil filters are not containers because they are designed to niter
particulates from oil, not to store oil; automotive oil Filters can not be empty containers
under §261.7 (see also §261.4(b)(13)).
Pages: 3
FaxBack:
11566
10/22/91 Bussard to Dunn
Law Companies
Environmental Group
out-of-service pump that contains mercury could qualify as container if it is portable; empty Paees: 2
container provision of §261.7 may apply, to such dismantled equipment meeting definition of
container
7/28/93 Denit
to Igli
Chemical Waste since residues from treatment of P-listed acutely HW remain P-listed and acutely hazardous, Pa8«: 2
Management. Inc. containers holding such residues must be made empty by triple rinsing; no formal EPA m?***1
approval necessary in order to use alternative and equivalent method as substitute for triple
rinsing
10/7/93 Denit
to DiFazio
Chemical Specialties aerosol cans may be rendered empty in accordance with §261.7; no need to determine if steel p«8«: 3
Manufacturers Association aerosol can is empty once it qualifies as scrap metal (i.e., once no. longer contains significant
liquids) that is destined for recycling
-------
PART 261
SUBPART A 261.7
Page 160
12/4/95
10/7/93 Denit to Crawford
Steel Recycling Institute
aerosol cans may be rendered empty in accordance with §261.7; no need to determine if steel Pa8c!: 3
aerosol can is empty once it qualifies as scrap metal (i.e., once no longer contains significant
liquids) that is destined for recycling
12/23/93 Shapiro to Joseph
U.S. Dept. of Agriculture no formal EPA approval needed in order to use alternative and equivalent method instead of Pa§ej: 5
triple rinsing when emptying containers holding acute HW; cyanide-containing capsules can
become empty and exempt according to §261.7
5/9/94 Bussard
to Mauro
U.S. Navy
oxygen breathing apparatus (OBA) used by firefighters could qualify as exempt scrap metal Pages: 17
when recycled; if steel OBA canister is destined for disposal, it is not HW as long as it is ??•?« ck:
empty of any HW chemicals according to §261.7 and the canister itself is not hazardous
261.8
TSCA-regulated PCB Wastes
9/22/89 Lowrance to Wassersug
Region ffl
cleaning PCBs from transformer with solvent containing 10% or more tetrachloroethy lene Pages-, i
(PCE) before use results in F002 listed waste; TSCA regulations applicable to waste do not
supercede RCRA regulations; if TSCA and RCRA rules conflict, more stringent takes
precedence
,
SUBPART B CRITERIA FOR IDENTIFYING AND LISTING HAZARDOUS WASTE
261.11
Criteria For Listing
4/29/85 McGraw to Wallop
U.S. Senate
most wastes were listed because EPA found them to typically contain toxic constituents
(§261.1 l(aX3) criteria); presence of constituents) for which waste was listed is not sole
criterion governing delisting decisions; presence of other constituents influences delisting
determinations
Pages: 10
FaxBack:
11073
-------
PART 261
SUBPART B 261.11
Page 161
12/4/95
4/21/86 Porter to McCloskey U.S. House of
Representatives
presence of Appendix VIII hazardous constituents is not only factor in listing determination p»8es: 3
for solvent TF-1; concentration, migration potential, persistence, quantity generated, and
management history are part of determination
5/6/86 Porter to Lugar
U.S. Senate
presence of Appendix VIII hazardous constituents or combination of P- and U-listed
Pages: 9
ingredients are not the only factors in listing determination for solvent TF-1; concentration, Fax Back:
migration potential, persistence, quantity generated, and management history are part of
determination
SUBPART C CHARACTERISTIC WASTES
Aerosol Cans
9/1/88 Lowrance to Whitman
SWInc.
Region is in best position to determine if aerosol cans are HW; generally, cans are hazardous Pag«: 2
if they contain a listed or characteristic CCP and are not empty per §261.7 and/or if the cans ^?*£•ck:
themselves exhibit a characteristic
3/31/89 Lowrance to Williams
Defense Logistics Agency whether venting and/or puncturing aerosol cans constitutes treatment of HW per §260.10 is Paees: 2
under review; in meantime, consult Regional guidance or take conservative approach that it
does constitute treatment
9/12/89 Petruska to Citizen
puncturing, shredding, crushing non-empty aerosol cans may meet definition of HW Pa8": '
treatment; however, the appropriate EPA Region or authorized state is in the best position to
make this determination
6/24/92 Bussard to Nash
Attorney at Law
whether the processing of aerosol cans constitutes treatment requiring a permit or exempt Pa8": '
recycling is a determination made by each Region on a case-by-case basis n674Ck:
-------
PART 261 SUBPART C
Aerosol Cans
Page 162
12/4/95
12/30/92 Lowrance to Biemer
Region V
propellant mixture of butane and propane removed from aerosol cans is not SW when burned Pa8«: 4
for energy recovery because these propellants are normally used as fuels m?7 °k:
1/4/93 Shapiro to Campbell
Katec Inc.
no categorical determination of reactivity possible for all aerosol cans; HW determination is Paees: '
responsibility of generator; however, steel aerosol cans qualify as scrap metal if they do not F?7B|ck:
contain a significant amount of liquid (e.g., cans that have been punctured and drained)
10/7/93 Denit to DiFazio
Chemical Specialties EPA is unable to determine if aerosol cans exhibit characteristic of reactivity; possible to Pages-. 3
Manufacturers Association render can empty under §261.7; liquid or gas removed from can is HW if listed or mso'*1
characteristic; steel cans that don't contain significant liquids are recyclable as scrap metal
10/7/93 Denit to Crawford
Chemical Specialties EPA is unable to determine if aerosol cans exhibit characteristic of reactivity; possible to Pages: 3
Manufacturers Association render can empty under §261 .T, liquid or gas removed from can is HW if listed or FaxBack:
characteristic; steel cans that don't contain significant liquids are recyclable as scrap metal
Batteries
6/24/81 Friedman to Riedel
U S Coast Guard typical SAFT Gelled Electrolyte Primary batteries do not exhibit any characteristic (see also Pa8«: 2
§261.24) and are not listed HW - no??**'
Dionin Wastes
1/18/85 McGraw to Kay
Region VH
provides conservative concentration-based levels for 20 toxic constituents beneath which p«g«: 5
dioxin-bearing ash would not present substantial hazard to human health or the environment
when managed at nonhazardous waste facilities (see also §261.31: F020-F023, F026-F028)
-------
PART 261 SUBPART C
Dioxin Wastes
Page 163
12/4/95
2/7/85 Fribush to Citizen
management practices and a summary of TSCA regulations for the handling of
dioxin-bearing wastes prior to the creation of HW listings for dioxins
Pages: 2
FaxBack:
11054
2/13/85 Straus
to Whittig
Supelco, Inc.
wastes and contaminated equipment from use of dioxins as lab standards (and most other
laboratory wastes) do not meet the listing description for the dioxin-bearing wastes in
§261.31 since they do not result from any of the manufacturing processes specified in the
listings
Pages: 3
FaxBack:
11055
3/4/85 Skinner to Talarek
American Wood Preserver* F-listings for HW containing PCP (F021, F027, & F028) only apply to wastes generated at Paees: 4
h«toite wood preserving facilities in a few rare circumstances (see also §261.31: F032, F034, F035)
3/12/85 Straus
to Katona
Occidental Chemical Corp. dioxin-contaminated wastes from lab operations such as clothing and glassware are not Paees: 4
subject to listings for dioxin wastes, while unused samples of these wastes would carry the
appropriate listing
7/5/85 Skinner to Huebner
Region I
most lab wastes are not listed (even if they contain dioxins) and are HW only if
characteristic; nevertheless, unused portions of HW being analyzed in lab and any residue
derived from lab analysis of HW are subject to full regulation when discarded (see also
§§261.4(d),(e),and(0)
Pages: 2
FaxBack:
11088
7/23/85 Bellin
to Hagan
Wright State University
mere presence of dioxin constituents in laboratory wastes (such as stock solutions, clean up Pa&": '
materials, and chromatographic columns) does not make wastes subject to F-listings for
dioxin wastes; however, unused HW samples or residues from their analysis are still HW
8/18/86 Straus
to Porter
University of Kansas
Medical Center
lab wastes, including animal carcasses, bedding, feces, urine, and other lab dry wastes such as p»8es: '
paper, gloves, syringes, etc.. generated by an analyst performing research using stock
solutions of TCDD arc infectious wastes per Part 241, but are not covered by the listings for
F020-F023, F026, or F027
-------
PART 261 SUBPART C
Dioxin Wastes
Page 164
12/4/95
10/22/86 Straus to Luxenberg
Aquatics. Inc.
lab wastes such as paper towels, pipets, and laboratory gloves, which have come into contact p»8es: '
with TCDD laboratory standards are not covered by the dioxin listings, P020-F023,
F026-F028; incineration may be a reasonable method of disposal for these wastes
12/10/86 Sterling to Verploegh
University of New Mexico lab wastes, including animal carcasses, cages, bedding, excreta, secretions, and disposable Pag«: 3
fomites generated by an analyst performing research using stock solutions of TCDD are
infectious wastes per Part 241, but are not covered by the listings for F020-F023, F026, or
F027
12/22/86 Straus to Mull ins
Monsanto Co.
incineration is appropriate management method for nonhazardous dioxin wastes (wastes that Pa8es: 4
are not characteristic and are not addressed by F-listings) . f?5o|c.k:
5/14/87 Williams to Zellmer
WIDNR
bird eggs and carcasses injected with dilute solutions of TCDD do not meet the listing
descriptions for the dioxin wastes, F020-F023, F026-F028, and are not regulated under the
TSCA program; they are infectious wastes per Part 241 and are best managed in.a high
temperature incinerator
Pages: 4
FaxBack:
11247
8/7/87 Williams to Jennings
EPAHQ
high temperature incineration is the recommended method of management for laboratory
Pages: 1
wastes that are not listed HW and that do not exhibit any characteristic even though they are Ff^1*'
contaminated with dioxins
9/23/87 Straus to Blundon
Koppers Co., inc. wood chips and sawdust derived from wood treated with PCP formulation (Noxtane) would Pa8«: 3
not meet any of the listing descriptions found in §§261.31 or 261.32; wastes could exhibit a f f^Sjct:
characteristic, and the discarded CCP Noxtane is F027
10/23/87 Williams to Mouser
Marion County Health Dept. lubricating oil contaminated with dioxins from the use of TCDD as analytical standard is
only HW if characteristic, since it is neither manufacturing waste triggering F020-F023,
F026, and F028 listings, nor P027
Pages: 2
FaxBack:
11298
-------
PART 261 SUBPART C
Dloxln Wastes
11/8/91 Clay to VanPutten
Great Lakes National no additional regulations are warranted under Subtitle D for landfills and surface
Resource Center impoundments receiving unlisted, dioxin-containing sludge from chlorine and chlorine
derivative bleached pulp and paper mills
Page 16S
12/4/95
Pages: 10
FaxBack:
11652
Foundry Sand
1/6/86 Straus to Robbins
Kohler Co.
foundry sand destined for reclamation is SW and may be regulated as HW because it exhibits
TC for lead
Pages: 2
FaxBack:
11119
3/8/95 Shapiro to Richter
American Foundrymen's
Society
most spent foundry sand that is hazardous exhibits toxicity characteristic for lead (D008) or
cadmium (D006); industry sources estimate that 4% of foundry sand sent for disposal is
hazardous; sand used in leaded brass manufacture more often hazardous than other sand
Pages: 10
FaxBack:
11900
Lead Based Paint Wastes
11/20/87 Denit to Kovalick
EPAHQ
certain putties and plasters, LBP on walls, sills, and other surfaces, and soil contaminated
due to weathering of LBP have all exhibited lead levels in excess of TC limit; LBP
remediation methods (see also 3/7/95 letter, Friedman to Hill)
Pages: 6
FaxBack:
11304
7/3/91 Bussard to Lund
C/P Utility Services Co.
generators conducting LBP abatement must test wastes using TCLP unless they can apply Pa8es: 4
knowledge to determine characteristics; if LBP waste first tests nonhazardous in TCLP due to *•*!*•ck:
masking effect of iron abrasive, but exhibits characteristic prior to disposal, all HW
regulations apply
8/30/91 Bussard to TC Rule Contacts Regions I-x
adding iron or other material to LBP removal waste to mask waste lead (D008) characteristic
is not legitimate and may subject generator to additional liability; whether masking agent is
added to paint removal abrasive or to waste following generation is immaterial
Pages: 6
FaxBack:
11636
-------
PART 261 SUBPART C
Lead Based Paint Wastes
Page 166
12/4/95
5/24/94 Shapiro to Veckman
Comprehensive unless it is HHW, LBP abatement waste exhibiting TC for lead (D008) is currently regulated ?*&"' s
Environmenul Assessments mfaf Subtitle C; EPA may amend RCRA Subtitle C rules to remove disincentives to LBP
abatement in future
10/7/94 Shapiro to Trafton
Recovery Express
processing LBP waste that exhibits TC for lead (D008) is not subject to regulation if
Pages: 2
necessary part of legitimate recycling process (e.g., to meet vendor's specification); storage f ?|S?ck:
of HW LBP before or after such exempt processing is still regulated
Manufactured Gas Plant Wastes
4/26/93 Lowrance to Waste Management Regions I-rx
Division Directors
manufactured gas plant (MGP) wastes not listed but can be characteristic; since MGP wastes Pages: 3
are "newly identified" and not subject to LDR or dilution rules, MGP HW may be
decharacterized in generator's §262.34 units without permit and sent off site for burning as
nonhazardous
Mercury-containing / Fluorescent Lamps
4/30/86 Friedman to Vaughn
Quicksilver Products, inc. fluorescent and mercury vapor lamps may exhibit TC for mercury as determined using EP Pages: 2
(see also 12/7/92 letter, Clay to Pegues) n i49ack:
9/4/92 Lowrance to Wilkstrom
National Electric*] fluorescent light bulbs from CESQGs or households may be land disposed in Subtitle D
Manufacturers Association landfill regardless of characteristic properties
Pages: 2
FaxBack:
11693
IW/92 Clay
to Pegues
AL Dept of Environmental EPA test results indicate that fluorescent lamps often exhibit TC for mercury as determined p»8es: 3
Services " using TCLP FaxBack:
6 11715
-------
PART 261 SUBPART C
Mercury-containing / Fluorescent Lamps
Page 167
12/4/95
7/28/93 Denit
to Redington
MonsintoCo.
while crushing fluorescent/mercury-containing lamps constitutes HW treatment, it can be
exempt from regulation if it is a necessary part of a legitimate recycling process (see also
6/5/95 letter, Petruska to Jenkins); storage of crushed lamps is still subject to regulation
Pages: 2
FaxBack:
11759
7/14/94 Shapiro
to Waste Management Regions l-x
Division Directors
fluorescent and high-intensity discharge lamps generally TC for mercury; summary of two
regulatory options for spent mercury-containing lamps as proposed in 59 FR 38288;
7/24/94; EPA believes mercury bulbs pose less threat than additional power plant pollution
Pages: 2
FaxBack:
H853
6/5/95 Petruska to Jenkins
AL DepL of Environmental
Management
EPA still weighing two options proposed in 59 FR 38288; 7/27/94 for streamlining
fluorescent lamp regulation; EPA resource constraints will affect timeframe for finalizing
lamp proposal; states can add lamps to own lists of universal wastes and set regulatory
controls as they see fit
Pages: 6
FaxBack:
11906
6/22/95 Petruska to Roberts
Maintenance Engineering
testing only one spent fluorescent tube to determine if all waste lamps from site exhibit
characteristics is not representative sampling; states authorized for universal waste rule may
add fluorescent lamps to state universal waste list and set management standards as they see
fit
Pages: 2
FaxBack:
11907
Municipal Solid Waste Combustion Ash
3/22/95 Laws
to Administrators
Regions I-X
ash from waste-to-energy facilities burning MSW must be evaluated for characteristics at
point ash leaves resource recovery facility making mixing bottom and fly ash prior to HW
determination impossible in some cases
Pages: 6
FaxBack:
11901
Paint
5/2/86 Straus
to Harvey
Occupational Medical
Service!
F listings do not apply to solvents used as ingredients or reactants in a CCP; activated
carbon used to collect methylene chloride, Freon 113, and trichloroethylene paint ingredients
that volatilized during paint application would only be HW if characteristic
Pages: 2
FaxBack:
11151
-------
PART 261 SUBPART C
Paint
9/15/86 Straus to Sletnmer
SolidTek Systems. Inc.
ignitable discarded paint which contains xylene is DOOI because xylene is neither spent .
xylene (F003), nor discarded unused CCP (U239); mixture of waste listed solely for
characteristic with SW is no longer HW if mixture is not characteristic (see also §268.3)
Page 1 68
12/4/95
Pages: 2
FaxBack:
11180
2/5/87 Scarberry to Grosser
HON Industries
sludge created by treating wastewater from paint spray booth water curtain is manufacturing p"g«: '
process waste ff??oack:
1 f 2>\ 8
2/19/87 Straus to Hemker
Q Source Engineering, inc. discarded paints, inks, adhesives. and glues are not listed wastes; they are hazardous only if Pag«: 4
they exhibit characteristics such as ignitabilhy (DOOI): products that contain solvent
ingredients or to which solvents have been added will not meet a solvent listing upon discard
7/21/87 Weil
to Charley
New United Motor
Manufacturing
discarded, used paint thinner that consisted of 80% xylene, 9% toluene, and 11 % glycol
Pages: 2
ethers prior to use is DOOI but not spent solvent F003 or F005, because it contained neither Ff~!;ifck:
100% F003 nor at least 10% F001, F002, F004, and F005 before use
4/14/88 Lowrance to Meeks
U.S. Navy
presence of toxicants from F001-F005 lists in paint product does not make the paint (or any Pa8es: 8
residue containing paint constituents, such as scrubber water) an F-listed HW when discarded; ff?Jjl?ck:
such nonlisted wastes are hazardous if characteristic
4/20/90 Anders to Denny
EPAHQ
EPA "is quite sure" that mercury-containing latex paint will usually exhibit the TC when Pa«es: 2
properly tested; statement that paint will not exhibit the characteristic for mercury unless the
level exceeds 540 parts per million is incorrect
-------
PART 261
Pesticides
SUBPART C
Page 169
12/4/95
Pesticides
7/22/85 Skinner to Hathaway
Region VI
airplane washwater is not HW via the mixture rule because pesticide residue left on aircraft is Pa8«: 2
not a discarded CCP and therefore not a listed HW; washwater is only HW if characteristic
(see also 12/15/92 letter, Lowrance to Rodriguez)
5/30/86 Williams to Rambo
National Pest Control
Association, Inc.
truck and service vehicle wash rinsewater contaminated with pesticide residue from the
ground application of the pesticide is not HW via the mixture rule; the rinsewater is HW
only if it exhibits a characteristic (see also 7/22/85 letter, Skinner to Hathaway)
Pages: 2
FaxBack:
11160
9/29/86 Claussen to Warren
Warren. Goldberg, Berman while chlordane is a listed CCP (U036), land application of chlordane pesticide product does Pa8": '
and Lubitz not generate SW even though activity is use constituting disposal, since it is the intended ^"«clc:
purpose of a pesticide; soil is HW only if excavated for disposal and it exhibits a
characteristic
11182
3/11/87 Williams to Rambo
National Pest Control
Association, Inc.
soil contaminated from treatment of home for termites with chlordane & heptachlor is not Pages: 4
listed HW since contamination results from normal pesticide use; soil may be HW if m™**''
characteristic
8/13/87 Williams to Lueck
Exhaust and Filtration
Systems
vehicle filters contaminated with pesticides from ambient air near pesticide application area Paees: 3
are only HW if they exhibit a characteristic; filter does not contain waste pesticide mr? **
2/14/90 Lowrance to Feulner
CD3A-GEIGY Corp.
while cancelled, unused pesticide chlordimeform is not listed in §261 .33 as HW, it may
exhibit the characteristic of ignitability (due to high xylene content); not subject to
regulation if returned to manufacturer for resale or reclamation, but party making claim bears
burden of proof per §261 .2(0
Pas": 3
-------
PART 261
Pesticides
SUBPART C
Page 170
12/4/95
12/15/92 Lowrance to Rodriguez
CA Regional Water Quality pesticide applicator washwater is HW only if it exhibits a characteristic (see also 7/22/85
ControIBoard |etter skinner to Hathaway)
Pages: 1
FaxBack:
11716
Scintillation Cocktails / Radioactive Waste
3/3/87 Straus to Vogt
WestChem
while scintillation cocktail products EcoLite and EcoLume are not listed HW and do not
appear to exhibit any characteristic, each generator of SW is responsible for determination
(see also 3/89 MRQ); radioactive materials not currently defined as hazardous
Pages: 2
FaxBack:
11223
3/11/87 Straus
to Aniballi
Research Products
International Corp.
liquid scintillation cocktail Bio-Safe II does not appear to be HW; does not exhibit
ignitability or TC, no data on corrosivity and reactivity; neither scintillation cocktails, nor
lab wastes in general, are listed (see also 3/89 MRQ); HW identification is generator's
responsibility
Pages: 3
FaxBack:
11227
8/19/87 Straus
to Edelstein
Fisher Scientific Co.
liquid scintillation cocktail Scintiverse BD is not a listed HW, but might exhibit a
characteristic (see also 3/89 MRQ)); each generator is responsible for making HW
determination per §262.11
Pages: 4
FaxBack:
11279
8/19/87 . Straus
to Wunderiy
Beckman Instruments, inc. liquid scintillation solution. Ready Safe, is not a listed HW (see also 3/89 MRQ); it may
exhibit a HW characteristic, and each generator of SW is responsible for making this HW
determination per §262.11
Pages: 2
FaxBack:
11280
1/13/88 Williams to Wunderiy
Beckman Instruments, Inc.
liquid scintillation cocktail product, Ready Safe, is not a listed HW, and does not appear to
exhibit any HW characteristic (see also 3/89 MRQ); radioactivity is not presently included
under the RCRA HW characteristics or listing criteria
Pages: 9
FaxBack:
11318
-------
PART 261 SUBPART C
Scintillation Cocktails / Radioactive Waste
Page 171
12/4/95
3/24/88 Lowrance to Mirsky
National Diagnostics
liquid scintillation cocktails Ecoscint A and O are not listed HW; not EP toxic or ignitable, **&»-. 2
but insufficient data provided to determine applicability of corrosivity and reactivity (see also f f^f6>d(:
3/89 MRQ); generator responsible for making HW determination
9/4/91 Lowrance to Guinyard & Barker Region rv
vials containing waste radioactive scintillation cocktails using xylene or toluene as reaction Pa8«: 2
medium are F003 and/or F005 if they meet applicable solvent percentage thresholds (see also ffj™'*'
RPPC 9444.1989(02b)); if they are listed or characteristic, the cocktails must be managed as "
RCRA HW
Solvent Rags
7/3/86 Williams to Lardieri
Scon Paper Co.
disposable or reusable rags and wipers are HW if they are used to clean up characteristic HW
and they exhibit a characteristic or if used to clean up listed waste; such wipers are regulated
when destined for disposal or laundering (SUPERCEDED: see 2/14/94 letter, Shapiro to
Regions)
Pages: 4
FaxBack:
11165
8/28/86 Williams to Zellmer
WIDNR
waste identification method outlined in attached state letter is accurate, but EPA is
considering petition to exempt solvent-contaminated shop towels and disposable industrial
wipers from definition of HW under the mixture rule (SUPERCEDED: see 2/14/94 letter,
Shapiro to Regions)
Pages: 3
FaxBack:
11176
9/8/86 Williams to Cooper
Printing Industries of
America
waste identification process for solvent-contaminated rags and shop towels is under review in Paees: 2
response to petition (SUPERCEDED: see 2/14/94 letter, Shapiro to Regions); solvent rags ^"B|ck:
from SQGs in the printing industry may be managed under tolling agreement
5/20/87 Sales
to Czigler
s & w Waste Inc. former EPA methodology for determining whether rags or wipers contaminated with solvents Pa««: 10
are listed HW (SUPERCEDED: 2/14/94 letter, Shapiro to Regions)
-------
PART 261
Solvent Rags
SUBPART C
Page 1 72
12/4/95
7/21/87 Weil
to Chaiiey
New United Motor
Manufacturing
rag contaminated with D001 solvent not subject to LDR until Third Third (see also 55 FR
22S20; 6/1/90 and 2/14/94 letter, Shapiro to Regions)
Pages: 2
FaxBack:
11266
1/23/91 Lowrance to Miller
NJDEP
until EPA has resources to respond to petition to exempt solvent-contaminated rags, wipers, Pae«: 2
and shop towels from mixture rule, EPA believes waste determination should be made by fi«7
-------
PART 261 SDBPART C
Spent Carbon
Page 173
12/4/95
Spent Carbon
7/10/85 Skinner to Suska
Baltimore city Health Dept. spent activated carbon is usually considered spent material and is therefore subject to
regulation if sent for reclamation; carbon is HW if contains listed waste or exhibits
characteristics; carbon unlikely to exhibit HW characteristic (see also §261.24)
Pages: 3
FaxBack:
11089
3/3/86 Straus
to Warren
Eden Associates
spent carbon used to treat GW contaminated by spill of product PCP is acute HW F027;
under other circumstances, carbon is not regulated (see also §261.24 and §261.31: F032)
Pages: 1
FaxBack:
11135
4/2/86 Williams to Wassersug
Region ffl
spent carbon can be regulated if contains listed or characteristic HW; units regenerating HW
carbon are exempt recycling units (SUPERSEDED: see 56 FR 7134; 2/21/91)
Pages: 6
FaxBack:
11143
5/2/86 Straus
to Harvey
Occupational Medical
Services
F listings do not apply to solvents used as ingredients or reactants in a CCP; activated
carbon used to collect methylene chloride, Freon 113, and trichloroethylene paint ingredients
that volatilized during paint application would only be HW if characteristic
Pages: 2
FaxBack:
11151
7/15/86 Straus
to Harvey
Occupational Medical
Services
vapors from degreasing operations using Freon 113, TCE, and methylene chloride are not
SW until adsorbed into carbon (vapors are not contained gases); therefore, F002 listing does
not apply and spent carbon canister is not HW via mixture rule, although it could be
characteristic
Pages: 2
FaxBack:
11166
6/17/87 Straus
to Ng
Region n
methanol volatilizing from pharmaceutical production is not SW; once captured in carbon
and condensed, methanol carries F003 listings and renders carbon listed; removal of F003
from carbon is exempt recycling (SUPERCEDED: see 7/15/86 letter, Straus to Harvey)
Pages: 4
FaxBack:
11255
-------
PART 261 SUBPART C
Treated Wood
Page 174
12/4/95
Treated Wood
7/16/85 Straus to Stinson
R.W. Summers Railroad
Contractor, Inc.
creosote-treated cross ties are not. likely to exhibit any characteristic of HW (see also
§261.24); FIFR A may place controls on handling and disposal
Pages: 2
FaxBack:
11094
9/24/85 Porter to Talarek
American Wood Preservers creosote-treated railroad ties are not listed and they are unlikely to exhibit any characteristic
(see also §261.24); FIFRA may place controls on handling and disposal
Pages: 2
FaxBack:
11104
2/11/86 Porter to McKinney
U.S. House of
Representatives
creosote-treated wood is not likely to be HW, as it is not listed and is unlikely to exhibit
ignitability, corrosivity, reactivity, or EP toxicity (see also §261.24); FIFR A regulations
prohibit burning of creosote-treated wood
Pages: 4
FaxBack:
11129
7/3/90 Bussard to Burkholder
Bowyer Properties creosote-treated cross ties are SW when intended for discard; cross ties are not covered by any Pa8es: 4
listing; even though cresols and phenolic compounds have been added to TC, commenters 1^535 ck:
, suggest creosote-treated cross ties are unlikely to exhibit any characterisitic
X - Rav Film
5/20/86 Straus to Guptill
MO Hospital Association
x-ray film is not specifically listed as HW; even though trade association data suggest it does Pa«es: 2
not exhibit a HW characteristic, each generator is responsible for HW determination \??«,?ck:
111 DO
5/23/86 Straus to Neiderkofler
U.S. Veterans
Administration
based on trade association data, x-ray film does not appear to be hazardous; nonetheless, each Pases: >
generator is responsible for making this determination f f?» ck:
11158
-------
PART 261
Other
SUBPART C
Page 175
12/4/95
Other
1/27/86 Williams to Esral
Plant-Roberts Chemicals
while dusts and sludges from primary production of steel in an EAF are K061, similar p«g«: 3
wastes from foundry use of an EAF to produce castings from scrap are only hazardous if they ff ?5?ck:
exhibit a characteristic
7/2/86 Straus
to Boulware
Vipont Botanical
Laboratories
when methylene chloride is used to recover alkaloids from plant matter, solid cake and
wastewater from centrifuge separation are not listed wastes, but could be characteristic;
however, spent methylene chloride from centrifuge liquid extractor is F-listed waste
Pages: 2
FaxBack:
11164
8/22/86 Straus
to Mandel
Jenner and Block UO from hydraulic equipment would be HW if H exhibits a characteristic or if the proposed
listing of UO (50 FR 49164; 11/29/85) is finalized (SUPERCEDED: see 51 FR 41900;
11/19/86. 57 FR 41566; 9/10/92, and Part 279)
Pages: 1
FaxBack:
11175
9/4/86 Straus
to Cherill
Coming Glass Works
the P010 listing does not apply to reject vanadium pentoxide substrates because the
vanadium pentoxide has been used and is not a CCP; the discarded materials would only be
hazardous if they exhibit a characteristic
Pages: 2
FaxBack:
11177
12/8/86 Williams to Rambo
National Pest Control
Association, Inc.
ash from the burning of aluminum and/or magnesium phosphide for fumigation would be
HW only if it exhibits a characteristic; the P006 listing for discarded CCP aluminum
phosphide would hot a'iply since the product has been used
Pages: 1
FaxBack:
11202
1/6/87 Straus
to Dufficy
National Association of
l%otoflraprDC
Manufacturers, Inc.
properly washed photographic silver recovery units (including steel wool cartridges,
electrolytic recovery cells and ion exchange resins) might not be characteristic; if
characteristic, they may be eligible for reduced recycling rules as characteristic sludges (not
SW) or under Part 266, Subpart F
Pages: 12
FaxBack:
11210
-------
PART 261 SUBPART C
Other
Page 176
12/4/95
1/27/87 Straus to Drozdowski
Moog Inc.
spent coolant containing 1,1,1, -trie hloroethane (1 1 l-TCE) as ingredient is not listed,
provided not comingled with 1 1 l-TCE used in degreasing (F001); coolant is only HW if it
exhibits characteristic; future changes to the TC might address TCE (see also S3 FR 1 1798;
3/29/90)
Pa8es: 2
3/6/87 Straus to Skoufis
Anscon Chemical Industries, perchloroethylene (PCE) condensed and recovered during normal fabric drying in drycleaning
Inc- machine is solvent-containing process waste, not F-listed HW; such waste is hazardous only
if characteristic
Pages: 3
FaxBack:
M224
3/6/87 Williams to Sanderson
Region VII
no automotive fluids are listed as HW; commenters suggest brake and automatic
transmission fluids may be ignitable; used crankcase oil may be HW due to ignitability or
lead; windshield washer fluid and antifreeze unlikely to be characteristic (see also §261.24)
Pages: 3
FaxBack:
11225
4/8/87 Straus to Seiler
WA Dept. of Ecology
soil contaminated with certain spilled unused pesticides (2,4,5-T; Simazine; 2,4-D;
Dicambia; and Bromacil) is regulated as acute HW when excavated because it contains F027;
if soil contamination is result of pesticide usage, excavated soil is regulated only if it
exhibits characteristic
Pages: 2
FaxBack:
11233
3/22/88 Lowrance to Simpson
Associated Technologies,
Inc.
when used as a commodity, such as for road paving, asphalt is not regulated by RCRA
Subtitle C because it is not a SW; when discarded in a trench, it is a SW and potentially
HW; nonetheless, asphalt alone is unlikely to exhibit a characteristic
Pages: 2
FaxBack:
11335
3/10/89 Barnes to Cothem
U.S. Air Force
beryllium dust and associated wastes from grinding and polishing beryllium that is collected Pa8es: 3
in air filtration equipment would generally not match listing description for CCP beryllium ck:
powder (P015); waste could be characteristic
8/4/89 Cannon to Everist
Cohen, DippeU, and Everist, depleted mixture of ethylene glycol and water used as a coolant is a SW when disposed, but Pa8es: 2
p-c would only be HW if it exhibits a characteristic since no listings apply; generators must test FaxB»ck:
their wastes or apply knowledge; no federal regulation for generators of nonhazardous wastes
-------
PART 261 SUBPART C
Other
Page 177
12/4/95
8/11/89 Lowrance to Constantelos
Region V
sediments contaminated as result of legal CWA discharges to surface waters are only subject
to RCRA Subtitle C regulation if they exhibit characteristics and if they are excavated (see
also 1/23/86 letter, Williams to Stringham)
8/17/89 Petruska to Micucci
Bellevue Medical Building dental amalgam is not specifically listed; American Dental Association (ADA) research
suggests amalgam is not EP toxic, but the burden of determination is ultimately the
. generator's; ADA data could be basis of determination by knowledge; CERCLA § 107
liability unrelated
Pages: 2
FaxBack:
U457
9/28/89 Barnes to Simon
EPAHQ
RCRA codes and regulations applicable to wastes do not necessarily correspond to Pa§«: 3
designations under DOT regulations; wastes are defined as hazardous under RCRA based on .
characteristics, such as ignitability and corrosivity
11/17/89 Barnes to Simon
EPAHQ
certain nitric acid wastes are both oxidizers and corrosive; while federal regulations do not paB«: >
require waste codes on the manifest, the waste is both D001 and D002 and must be managed ^gQCk:
in compliance with all special requirements for ignitable (e.g., §264.17) and corrosive wastes
8/13/90 Lowrance to Citizen
UO that exhibits the characteristic of toxicity must not be used as a dust suppressant (see
also Part 279)
Pages: 1
FaxBack:
11549
8/24/90 Bussard to Randan
Hi-Tech Industries. Inc.
waste antifreeze coolant (ethylene glycol) is not listed HW, but it is SW if intended for
discard and generator must determine if it is characteristic, either by testing or applying
knowledge; anecdotal evidence indicates that used antifreeze may be TC for lead, as
determined using EP
Pages: 2
FaxBack:
11554
9/26/91 Lowrance to Schaeffer
American Tracking
Associations
no TC determination necessary for oil filters destined for scrap metal recycling (see also
§261.4(b)(13)); nonetheless, oil filters that have been drained and crushed are unlikely to
exhibit TC
Pages: 2
FaxBack.
11643
-------
PART 261 SUBPART C
Other.
Page 178
12/4/95
11/17/92 Lowrance to Campt
EPAHQ
wool blankets treated with DDT are not SW until discarded; if SW, the DDT-treaied blankets p»8«: 2
are unlikely to exhibit any characteristic of HW, and would not meet any of the listing
descriptions in Part 261, Subpart D; a discarded product contaminated with a chemical is not
a discarded CCP
261.21
Ignitable Wastes
6/18/81 Richardson to Nelson
EL Paso Products Co.
EPA recommends use of Pensky-Martens or Setaflash Closed Cup Testers to determine flash Pages; 1
point of potentially ignitable SW; Tag Closed Cup Tester not suitable alternative for wastes
which are very viscous, that skin over, or thai lend to stratify or contain suspended solids
2/26/85 Skinner to Walter
NY DEC
alcohol exclusion created to cover beverages, but is broader as alcohol is defined by
functional hydroxyl group [-OH]; use PFT to extract free liquid (see also 59 FR 46052;
8/31/93 and 60 FR 3089; 1/13/95); use standard lab techniques to identify aqueous solutions
(50% water by weight)
Pages: 5
9/15/86 Straus
to Slemmer
SolidTek Systems. Inc.
ignitable discarded paint which contains xylene is D001 because xylene is neither spent
xylene (F003), nor discarded unused CCP (U239); mixture of waste listed solely for
characteristic with SW is no longer HW if mixture is not characteristic (see also LDR
dilution rules)
Pages: 2
FaxBack:
11180
2/19/87 Straus
to Hemker
Q Source Engineering, inc. discarded paints, inks, adhesives, and glues are not listed wastes; they are hazardous only if Pa8": <
they exhibit characteristics such as ignitability (D001); products that contain solvent
ingredients or to which solvents have been added will not meet a solvent listing upon discard
7/21/87 Weil
to Charley
New United Motor
Manufacturing
discarded, used paint thinner that consisted of 80% xylene, 9% toluene, and 11 % glycol p"ges: 2
ethers prior to use is D001 but not spent solvent F003 or F005, because it contained neither
100% F003 nor at least 10% F001, F002, F004, and F005 before use
11266
-------
PART 261
SUBPART C 261.21
Page 179
12/4/95
10/26/87 Williams to Senna
International Flavors ud oil and trace solvents that remain in reactor vessel following washing with acetone, ethyl p«8": 2
Fragrances, inc. acetate, and xylene do not meet spent solvent definition; subsequent soap and water washout £"{*?ck:
is process wastewater containing solvent constituents that can be D001, but is not F003
9/9/88 Lowrance to Muno
EPAHQ
waste need not be evaluated for flash point if it is not a liquid at standard temperature
(20'C/68'F) and pressure (1 atmosphere)
Pages: 1
FaxBack:
U369
11/17/89 Barnes
to Simon
EPAHQ
' nitric acid waste that is both an oxidizer (ignitable) and corrosive; while federal regulations Pages: i
do not require waste codes on the manifest, the waste is both D001 and D002 and must be . ffj£?c-k:
managed in compliance with all special requirements for ignilable (e.g., §264.17) and
corrosive wastes
2/14/90 Lowrance to Feulner
OBA - GEIGY Coip.
while cancelled, unused pesticide chlordimeform is not listed in §261.33 as HW, it may
exhibit the characteristic of ignitability (due to high xylene content); not subject to
regulation if returned to manufacturer for resale or reclamation, but party making claim bears
burden of proof per §261 .2(0
Pa£es: 3
3/27/91 Bussard to Goldberg
Beveridge and Diamond,
P.C
using one of the two test methods approved for determining igitability is sufficient; choice Pa8es: '
of method will depend on nature of waste to be tested (e.g., one method might be more
approriate given viscosity of waste)
6/21/91 Lowrance to Constantelos
Safety-Kleen
absorbent and waste mixture containing free b'quid phase with flash point <140'F is D001; Pa8es: 3
sorbent and waste mixture with no free liquid is D001 only if it qualifies as an ignitable
solid; DOT hazard classes do not correspond directly to RCRA characteristics
7/12/91 Lowrance to Citizen
spent potassium permanganate and managenese from the garment industry are unlikely to be p«g«: 2
D001 oxidizers FfJ?ock:
1 lO/o
-------
PART 261
SUBPART C 261.21
Page 180
12/4/95
9/11/91 Hansen
to Pfeifer
Metro Wastewater
Reclamation District
possible use of ASTM method D-56 to test flash point of potentially ignitable liquid as an p»8«: 2
alternative to the two methods specified in §261.21 ?i64oc1t:
10/20/93 Weddte to Bowman
Environmental Dynamics
absence of free liquids precludes applicability of §261.21(a)(l) ignitability characteristic;
proposed rule change (58 FR 46052; 8/31/93) suggests using pressure filtration step from
TCLP (method 1311) as definitive demonstaration for absence of free liquids for DOOl and
D002
Pages: 8
FaxBack:
1J787
1/3/94 Brandes to Siegel
ENV Services Inc. metal casting containing spent powdered metallic oxide catalyst (i.e., manganese dioxide and Pases: 2
copper oxide) is not listed waste, but could exhibit characteristic, most likely ignitability, or f ?jJLack:
reactivity; manganese dioxide is a strong oxidizer and poses a human health hazard through
inhalation
7/15/94 Brandes to Tease
Hubbard-Hall, inc. discarded chemical polishing bath that contains inorganic oxidizer hydrogen peroxide may be Pases: 2
ignitable because it is capable of severely exacerbating a fire by yielding oxygen to stimulate FfoB4ack:
combustion
1/26/95 Bussard to Duthler
1C! Composites, Inc.
no test method has been promulgated for spontaneous combustion; generator is responsible Pa«es: 2
for comparing properties of his waste with narrative definition; PFT is current test to mis**'
determine whether material contains a liquid for the characteristic of ignitability
261.22
Corrosive Wastes
8/18/87 Straus to Rookstool
Mineral By-Products, inc. corrosivity characteristic applies only to aqueous and liquid wastes; no definition of corrosive p"ges: 2
FaxBack:
11278
-------
PART 261
SUBPART C 261.22
Page 181
12/4/95
9/15/87 Scarberry to Cock
Priming Developments, inc. for purposes of corrosivity characteristic, a waste is aqueous it it has a liquid phase . f*gf*-- 6
containing more than 50% water (SUPERCEDED: see 1/7/93 letter, Bussard to Parsons and
4/23/93 letter, Bussard to Franzmathes)
5/2/88 Barnes to Boulden
Ladish Co, Inc.
nonlisted spent pickle liquor is corrosive .if it corrodes 1020 steel at a rate of > .25
inches/year; nonlisted sludge from pickling tank is D002 if pH of the sludge is < 2
Pages: 4
FaxBack:
|1346
7/21/88 Lowrance to Turner
Racon Refrigerants
used CFC refrigerants could exhibit characteristic of corrosivity (D002) if HC1 is present due Pages: 4
to breakdown of CFCs from high refrigerator compressor temperatures (see also misck:
§261.4(a)(12))
7/29/88 Barnes to Colon
Western Fher Laboratories, dry solid generated by adding exempt CKD to a liquid, corrosive HW is a nonhazardous waste Pa&"'- 2
Inc- so long as the resultant solid does not exhibit any characteristics (see also §261.3(d)( 1)) f f?« ck:
11358
2/22/89 Cochran to O'Day
Packard Instrument Co.
material safety data sheet for solvent product "Ultima-Gold" indicates potential to be
corrosive and reactive (capable of detonation if exposed to strong intiating source or heated
under confinement); solvent product "Ultima-Gold" does not exhibit ignitability or EP
toxicity
Pages: 3
FaxBack:
11398
8/2/89 Petruska to Allen
CA Dept. of Health Services used CFC refigerant is not F001, F002, U075 or U121; refrigerant is unlikely to exhibit
characteristics other than corrosivity (see also §261.4(a)(12))
Pages: 5
FaxBack:
11451
11/17/89 Barnes to Simon
EPAHQ
while Federal regulations do not require waste codes on the manifest, nitric acid waste that is Pa«es: '
both ignitable (i.e., an oxidizer) and corrosive must be managed in compliance with all
special requirements for D001 (e.g., §264.17) and D002 wastes
-------
PART 261
SUBPART C 261.22
Page 182
12/4/95
1/7/93 Bussard to Parsons
WIDNR
nonaqueous liquids need only be tested using the steel corrosion test, whereas aqueous
nonliquids (e.g., gels) need only be evaluated for pH; aqueous liquids are subject to pH
measurement and steel corrosion test; aqueous waste is one that is amenable to pH
measurement
Pages: 1
FaxBack:
11719
4/23/93 Bussard to Franzmathes
EPA Region
aqueous means amenable to pH measurement; corrosivity characteristic references Method Pages: i
9040; scope and application of 9040 notes that it applies only to aqueous wastes and those
wastes where the aqueous phase constitutes at least 20% of the total volume of the waste
10/20/93 Weddte to Bowman
Environmental Dynamics
absence of free liquids precludes applicability of §261.21(a)(l) ighitability characteristic;
proposed rule change (58 FR 46052; 8/31/93) suggests using pressure nitration step from
TCLP (method 1311) as definitive demonstration for absence of free liquids for D001 and
D002
Pages: 8
FaxBack:
11787 '
7/8/94 Bussard to Morishita
Environmental Agency waste bubblers containing phosphorous oxychloride, which reacts violently with water, is Pa8es: 2
(JaPa»0 highly corrosive, and can cause skin bums; may exhibit the characteristics of corrosivity and Ff JB^ck:
reactivity
g
261.23
Reactive Wastes
3/7/84 Thomas to Bruner
U.S. Defense Logistics
Agency
lithium-sulfur dioxide batteries clearly exhibit the characteristic of reactivity because of their Pa8es: 5
potential to generate toxic gas; insufficient information to make blanket determination for all
lithium batteries
7/12/85 Claussen to Regions
Regions I-X
EPA provides interim thresholds of 250 mgHCN/Kg and 500 mgH2S/Kg respectively f r Pages: 21
SW that merit designation as reactive HW per §261.23(aX5) for their potential to release nofiack:
toxic cyanide suliide gases
-------
PART 261
SUBPART C 261.23
Page 183
12/4/95
3/18/87 Williams to Eager
Electronics Technology and based on supplied data, EPA agrees that Li/SO2 (lithium-sulfur dioxide) batteries no longer Pages: 32
Devices Laboratory exhibit the characteristic of reactivity when fully discharged to zero volts; each generator is
responsible for HW determination
11229
8/12/87 Straus to Friedman
Region ffl
lithium sulfur dioxide batteries tend to exhibit reactivity characteristic
Pages: 1
FaxBack:
U274
11/30/87 Porter
to McGuire
U.S. Dept. of Treasury
detonation of seized explosives in lieu of disposal constitutes discard, so they must be
managed as SW; if the explosives exhibit the characteristic of reactivity, Subtitle C
regulations apply to these B ATF activities
Pages: 2
FaxBack:
11305
12/7/87 Williams to Kertcher
Region V
narrative definition for reactive sulfide waste; interim guidance that wastes releasing more
than 500 mg H2S/Kg of waste should be considered hazardous for reactivity characteristic
Pages: 4
FaxBack:
11307
2/22/89 Cochran to O'Day
Packard Instrument Co.
material safety data sheet for solvent product "Ultima-Gold" indicates potential to be reactive Pases: 3
(capable of detonation if exposed to strong intiating source or heated under confinement) and ff ™ock:
corrosive; Ultima-Gold does not exhibit characteristics of ignitability or EP toxicity
1/4/93 Shapiro to Campbell
Katec Inc.
no categorical determination of reactivity possible for all aerosol cans; HW determination is Pa«es:
responsibility of generator
3/3/93 Lowrance to Schiller
TX Water Commission
EPA has test procedures to determine reactivity of wastes that release hydrogen cyanide or Pa«es: 4
hydrogen sulfide gas when mixed with weak acid; no EPA test for waste that releases
hydrogen gas when mixed with water, many reactive properties, such as water reactivity, are
difficult to quantify
-------
PART 261
SUBPART C 261.23
Page 184
12/4/95
9/14/93 Petruska to Lupton
U.s. Marine Corps 3/18/87 letter, Williams to Berger regarding potential reactivity of LiSO2 (lithium-sulfur
dioxide) batteries is still in effect
Pages: 1
FaxBack:
11768
12/22/93 Petruska to Gorta
New South Wales
Environment Protection
Authority
lithium-sulfur dioxide batteries fully discharged to zero volts do not exhibit the characteristic Pages: 4
of reactivity; other lithium batteries may be characteristic HW for constituents like lead, ft «oiack:
cadmium, & mercury, or properties like corrosivity
1/3/94 Brandes to Siegel
ENV Services, Inc.
metal casting containing spent powdered metallic oxide catalyst (i.e., manganese dioxide and Pa8«: 2
copper oxide) is not listed waste, but could exhibit characteristic, most likely ignilability, or
. .
reactivity
1/26/94 Shapiro to Lain
U.S. Navy
aluminum chaff roving bundles could exhibit reactivity characteristic (§261.23(b)) for
propensity to release flammable hydrogen gas when exposed to moisture; Part 268 LDR
treatment standard for these wastes is deactivation, best achieved by washing with acidic
solution
Pages: 2
FaxBack:
11810
7/8/94 Bussard to Morishita
Environmental Agency
(Japan)
waste bubblers containing phosphorous oxychloride, which reacts violently with water, is Pages: 2
highly corrosive, and can cause skin burns, may exhibit the characteristics of corrosivity and f f=47 ck:
reactivity
261.24
Toxicitv Characteristic / Extraction Procedure Wastes
5/29/81 Lindsey to Hen-
General Motors Corp.
denial of petition to block applicability of EP to drying bed solids since these wastes could Pa8es: 2
leach hazardous levels of cadmium and lead to GW if mismanaged FaxBack:
-------
PART 261
SUBPART C 261.24
Page 185
12/4/95
2/4/86 Straus
to Dufficy
National Association of
Photographic
Manufacturers, Inc.
photographic film and paper are not specifically listed as HW and are only hazardous if p»8": 2
characteristic; data from representative samples suggest they usually do not exhibit TC, as
determined using EP; each generator must make HW determination
5/20/86 Straus
to Guptill
MO Hospital Association x-ray film is not specifically listed as HW; although though trade association data suggest it Pa8es: 2
does not exhibit a HW characteristic, each generator is responsible for making a HW ft is*?**'
determination
10/30/86 Straus
to Frazier
Ozark Circuit*, Inc.
although printed circuit boards are not specifically listed, they commonly exhibit the
characteristic of EP torichy for lead that leaches from the solder
Pages: 2
FaxBack:
11189
2/9/87 Williams to Dietrich
ICF Technology
lab equipment, clothing, pipes, valves, pumps, tank insulation? bags, and filters Pae«: l5
contaminated during 2,4-D production are not F-Iisted wastes but should be evaluated for TC ffJ?oclc:
(D016 characteristic in particular)
3/6/87 Williams to Sanderson
Region VII
no automotive fluids are listed as HW; commenters suggest brake and automatic .
transmission fluids may be ignitable; used crankcase oil may be HW due to ignitability or
lead; windshield washer fluid and antifreeze unlikely to be characteristic (see also §261.24)
Pages: 3
8/13/87 Williams to Lueck
Exhaust and Filtration
Systems
vehicle filters contaminated with pesticides from ambient air near application area are only Pages: 3
HW if they exhibit a characteristic; filter does not contain waste pesticide
11/21/88 Kidwell to LaShier
EPAHQ
fluff residual from automobile shredding may commonly exhibit EP toxicity for lead; other p«g«: 2
metals of concern include cadmium and chromium; PCB contamination may subject the fluff
to additional regulation under TSCA
-------
PART 261
SUBPART C 261.24
Page 186
12/4/95
4/20/89 Lowrance to Schupak
American Standard, Inc.
regulatory levels for EP toxicity depend on both MCLs and a fate and transport factor,
therefore, a change to the MCL for barium would not automatically merit change to EP
regulatory level
Pages: 1
FaxBack:
11423
5/12/89 Scarbrough to Tiesler
TN Dept. of Health and proper procedure for testing blast slag at secondary lead smelter according to EP toxicity test; Pae=s: 2
Environment reconciliation of particle reduction step with structural integrity requirement
6/30/89 Cannon to McBeath
American Public Health dental amalgam is not specifically listed, so generator is responsible for determining
Association applicability of HW characteristics; silver and mercury are of particular concern
Pages: 4
FaxBack:
11438
8/17/89 Petruska to Micucci
Bellevue Medical Building American Dental Association research suggests amalgam is not EP toxic, but burden of
determination is ultimately generator's; still, ADA data could be basis of determination by
knowledge and dental amalgam is not specifically listed; CERCLA § 107 liability is not
dependent on RCRA status
Pages: 2
FaxBack:
11457
4/20/90 Anders to Denny
EPAHQ
EPA "is quite sure" that mercury-containing latex paint will usually exhibit the TC when
properly tested; statement that paint will not exhibit the characteristic for mercury unless the
level exceeds 540 parts per million is incorrect
6/25/90 Lowrance to Bergeson
Weinberg Bergeson. and TC effective date was 9/25/90; EPA promulgated different TC compliance dates for LQG
(9/25/90) and SQG (3/29/91)
Pages: 2
FaxBack:
11531
7/3/90 Bussard to Burkhokler
Bowyer Properties creosote-treated cross ties are SW when intended for discard; cross ties are not covered by any p»8es: 4
listing; even though cresols and phenolic compounds have been added to TC, commenters FaxBack:
suggest creosote-treated cross ties are unlikely to exhibit any characterisitic
11535
-------
PART 261
SUBPART C 261.24
Page 187
12/4/95
7/11/90 Lowrance to Hill
usra
facilities newly subject to regulation by promulgation of TC rule are not subject to 11/8/92 P»R«: 3
LOIS deadline; impact of state authorization on interim status eligibility mr?ck:
7/19/90 Lowrance to Lugar
U.S. Senate
utility poles may exhibit TC for organic constituents and trigger HW regulation
Pages: 2
FaxBack:
1J543
8/14/90 McBride to Leonard
National Environmental use of the TCLP to evaluate SW prior to the effective date of the TC rule is valid; use of
Testing, inc. matrix spike recovery; difficult to use TCLP on oily or solvent matrices; in absence of
useable data, safest to assume material is HW (see also 3/25/91 letter, McBride to Leonard)
Pag": 3
9/20/90 Lowrance to Huber
Petroleum Marketers
Association of America
EPA does not determine whether a particular waste exhibits a characteristic; HW
determination is the responsibility of the generator; SQGs newly subject to regulation by
virtue of the TC rule had until 11/2/90 to notify the appropriate Region
Pages: 2
FaxBack:
II563
10/30/90 Lowrance to Duprey
Region VDJ
performing TCLP on UO filters involves crushing, cutting, or grinding filter and its
contents until pieces are smaller than one centimeter in their narrowest dimension;
characteristic used oil filter destined for disposal subject to HW regulation (SUPERCEDED:
see§261.4(bX13))
Pa8«: 3
11/8/90 Hansen to Coleman
OH EPA
TCLP inappropriate for use with certain matrices, such as oils and neat solvents, because
dilution step shifts detection limit above regulatory levels; in these cases, generator must
assume waste is hazardous (see also 3/25/91 letter, McBride to Leonard); TCLP must be used
to obtain extract
Pa8«: 2
11/9/90 Lowrance to Bevington
Fulton County Dept of Solid deferral from regulation of petroleum contaminated media and debris does not apply to wastes Pa8":
Wlste exhibiting D001-D017; unecessary to run TCLP to determine if wastes exhibit characteristic
for D018-D043 provided the wastes are generated as part of Part 280 UST CA
-------
PART 261
SUBPART C 261.24
Page 188
12/4/95
1/8/91 Bussard
to Johnson
MN Depi. of Transportation after effective date of TC rule, the TCLP must be used instead of the EP for waste
Pages: 2
determination based on testing for toxicity; Part 268 regulations continue to allow the use of FfjS? ck:
either the EP or the TCLP to demonstrate compliance with treatment standards for certain
lead & arsenic wastes
2/5/91
Hansen
to Coleman
OH EPA
clarification of 11/8/90 letter, Hansen to Coleman; generator may always apply knowledge
in determining if waste is HW; if no information is available except inconclusive TCLP
data, prudent for generator to assume waste is hazardous; no need to perform TCLP on UO
destined for recycling
Pages: 5
FaxBack:
LI 579
3/8/91 Lowrance. to Leopold
Region VI
TC sludges generated in surface impoundments receiving nonhazardous influent are SW and Pa8cs: 6
HW; regulations apply not only when surface impoundment is cleaned or closed, but as soon
as sludge is generated (sludges are generated at moment of deposition at bottom of unit)
3/25/91 McBride to Leonard
National Environmental
Testing, Inc.
TCLP difficult to use on wastes such as oils and neat solvents, because dilution step shifts
detection limit above TC levels; generator should apply knowledge in such cases; if no
information is available, prudent to handle as HW (see also 8/14/90 letter, McBride to
Leonard)
Pages: 5
FaxBack:
11592
4/16/91 Lowrance to Oberg
United Marketing
International, Inc.
in spite of TC rule, generators may still apply their knowledge to make HW determination;
they must, however, be correct in their determination; UO filters are subject to HW
determination (see also §261.4(b)(13))
Pages: 2
FaxBack:
11599
5/21/91 Lowrance to Commanding Officer u.s.Ntvy
mandatory HW determination should be based on knowledge when application of TCLP to Pa8es: 2
discarded munitions would result in inherently unsafe situation due to panicle reduction step;
exemption from TCLP is unwarranted because generators can apply their knowledge
6/21/91 Bussard to Randall
Hi-Tech Industries, be.
use of TCLP to determine if spent anti-freeze exhibits characteristic for lead; EP and TCLP
are functionally equivalent for liquid wastes, since both lead to direct analysis of the liquid;
EP toxic wastes are a subset of all HW; generators may apply their knowledge instead of
testing
Pages: 5
FaxBack:
11620
-------
PART 261
SUBPART C 261.24
Page 189
12/4/95
7/3/91 Bussard to Lund
C/P Utility Services Co.
generators conducting LBP abatement must test wastes using TCLP unless they have
enough information to determine if waste is hazardous; addition of iron shot abrasive to
temporarily mask lead characteristic is not legitimate
Ptgei: 4
FaxBack:
11624
7/9/91 Bussard to Campbell
American Petroleum
Institute
EPA sampling and analysis plan for UO HW determination; 7 types of used oils were Pa8e»: 25
analyzed; results do not reflect regional variations as all samples, where possible, were taken
from Washington, D.C. area; role of TCLP and other methods in determination
7/31/91 Lowrance to Wallace
Region
pulp and paper mill wastes should be sampled at outlet from bleach plant (point of ' Pages: 7
generation), prior to commingling (mixing) with other wastestreams, to determine whether . ffJB,a?k:
they exhibit the TC for chloroform, D022
8/5/91 Cochran to Lui
Hong Kong Environmental certain heavy metals (e.g. vanadium, copper, zinc, nickel, tin, antimony) are not regulated Pages: 2
Protection Dept. constituents under the TCLP because they have not yet been assigned MCLs and EPA's fate F?g?3ack:
and transport models do not account well for metals
9/26/91 Lowrance to Schaeffer
American Trucking
Associations
no TC determination necessary for oil filters destined for scrap metal recycling (see also
(§261.4(b)(13)); nonetheless, oil filters that have been drained and crushed are unlikely to
exhibit TC
Pages: 2
FaxBack:
11643
10/29/91 Hansen
to Miller
Betz Analytical Services
suggested analytical steps when inconclusive results are obtained from application of TCLP Pa§es: 2
to solvent and oily wastes; generators may always apply their knowledge; TCLP unecessary
for used oil destined for recycling
11/12/91 Bussard to Eastman
VT Agency of Natural
Resource
until EPA develops special management standards for recycling HW batteries, generators
must still determine whether used nickel-cadmium batteries exhibit the TC (see also Pan
273)
Pages: 2
FaxBack:
It 653
-------
PART 261
SUBPART C 261.24
Page 190
12/4/95
9/16/92 Lowrance to Guimond
EPAHQ
revising the TC levels for lead based on GW modeling, rather than EP levels, would result in P»g": 3
most LBP abatement wastes no longer testing hazardous; revision of the TC level for lead
may occur as part of HW1R
11/25/92 Lowrance to Chirumbolo
Arizona Filter Recycle^ TC rule is federally enforceable in every state until it is adopted by the state and EPA
approves authorization
Pages: 2
FaxBack:
11712
1/12/93 Hansen to Internal Memo
EPAHQ
method and formula for using totals analysis to determine maximum theoretical Pages: 21
concentration of contaminants that could leach from waste when using TCLP (see also 1/94.
MRQ)
.
4/19/93 Lowrance to Hansen
ORDEQ
fluorescent bulbs may be conditionally exempt in future; spent antifreeze may be TC for lead Pa8«: 4
and/or benzene; EPA evaluating TC levels for lead and PCP; new MCLs could affect future
TC levels; sandblast grit from removal of LBP may be D008
7/14/93 Bussaid to Melone
EPAHQ
TC is designed to identify wastes which may pose a risk to human health and environment Pases: 2
under reasonable worst-case mismanagement scenario; some spent batteries would fail TC for
lead, cadmium, and mercury; batteries may be eligible for universal waste regulations (see
also Part 273)
12/22/93 Petruska to Gorta
New Sooth Wales
Environment Protection
Authority
lead-acid, nickel-cadmium rechargable, mercuric oxide, and alkaline batteries may exhibit TC Pa8es: 4
or another characteristic; lithium-sulphur dioxide batteries are not reactive if fully discharged FfJ?.'ck:
, • IIoUl
to zero volts
1/3/94 Brandes to Siegel
ENV Services. Inc.
metal casting containing spent powdered metallic oxide catalyst (e.g., manganese dioxide and pw 2
copper oxide) is not listed waste, but could exhibit characteristic, most likely ignitability or ffj!Llck:
reactivity; manganese dioxide is a strong oxidizer and poses a human health hazard through
inhalation
-------
PART 261
SUBPART C 261.24
Page 191
12/4/95
1/21/94 Shapiro to Wright
Woodbury Nissan, inc. spent antifreeze is a HW only if it exhibits a characteristic
Pages: 2
FaxBack:
11809
SUBPART D LISTED WASTES
General
7/17/85 Skinner to Scarbrough
Region IV
since any pollution abatement technique such as land treatment, disposal, or storage of a
wastewater will invariably form a sludge, F- and K-listed sludges can be formed in situations
where wastewaters are stored or disposed (i.e., not treated)
3/20/86 Jenkins to Straus
EPAHQ
contaminant concentrations are not relevant to determining whether a waste is F006, K001, Pages: 9
or another listed HW; if waste matches listing description but does not merit RCRA Subtitle |!™|9'ck:
C regulation, delisting or rulemaking is necessary to deregulate waste
6/13/90 Lowrance to Richards
Applied Environmental
Technologies Corp.
K listings apply only to wastes from the industrial sources specified in the listing
descriptions; in general, primary SIC code for a facility does not dictate whether facility is
within K list industrial category
g«: 4
8/20/90 Josephson to Butlin
John A Butlin Limited
presence of xylene and pesticide constituents in manufacturing process waste does not
necessarily trigger HW listings
Pages: 1
FaxBack:
11553
261.31
F-listed Wastes
-------
PART 261 SUBPART D 261.31
F001, F002, F003, F004, F005: General
Page 192
12/4/95
FOOl. F002. F003. F004. FOOS: General
2/22/88 Denit
to Bobel
Region DC
presence of FOOl-FOOS listed solvent as constituent in wastestream does not automatically
render waste listed and subject to Part 268 LDR requirments; only if waste matches
FOOl -FOOS listing descriptions is it F-listed and regulated under Part 268 LDR
Pages: 6
FaxBack:
11327
10/6/89 Lowrance to Threlfall
Chemviron
wastewater treatment sludges containing small quantities of methanol are not necessarily
listed or characteristic HW; even if such waste is hot hazardous under Federal rules, more
stringent or broader-in-scope state regulations can trigger regulation
Pages: 2
FaxBack:
11474
4/19/93 Lowrance to Hansen
ORDEQ
EPA does not believe F001-F005 solvents should be included as universal wastes, because paB«: 4
viable solvent reclamation programs are already operating within RCRA Subtitle C system;
EPA currently studying other solvent wastes to determine if they merit listing
FOOl. FOOl. F003. F004. FOOS; Solvent Carryover
7/2/86 Straus to Boulware
Vipont Botanical
Laboratories
when methylene chloride is used to recover alkaloids from plant matter, solid cake and
wastewater from centrifuge separation are not listed wastes, but could be characteristic;
however, spent methylene chloride from centrifuge liquid extractor is F-listed waste
Pages: 2
FaxBack:
11164
11/7/86 Williams to Winslow
Sandoz Crop Protection
Corp.
F listings and mixture rule generally do not apply to solvent-containing process wastewaters, Pa8": 6
which typically become contaminated with solvents before those solvents are spent and meet F«Back:
listing; mixtures of F001-F005 HW and wastewaters are typically listed via mixture rule 1U93
3/6/87 Straus
to Skoufis
Anscon Chemical industries, perchloroethylene (PCE) condensed and recovered during normal fabric drying in drycleaning P"g«: 3
l"c- machine is solvent-containing process waste, not F-listed HW; PCE condensate from FaxBack:
distillation or steam stripping of spent filter cartridges is HW since it is derived from F002 1>224
drycleaning HW
-------
PART 261 SUBPART D 261.31
F001, F002, F003, F004, F005: Solvent Carryover
Page 193
12/4/95
8/25/87 Straus
to Harer
CHEM-CLEAR
if metal parts are cleaned using solvent containing over 10% trichloroethylene (TCE) and
then rinsed with caustic solution, traces of TCE remaining on part and carried over into rinse
are not F-listed; caustic rinse is therefore not listed via mixture rule, but could be
characteristic
P»8ej: 2
9/1/87 Williams to Kertcher
Region V
using toluene as diluent (as carrier solubilizing feedstocks or reactant ingredients in a
process) is solvent use and can trigger F001-F005 listings; excess toluene recovered from
Chevron's process was diluent and is F005 waste (SUPERCEDED: see 2/11/88 letter,
Williams to Kertcher)
Pages: 22
FaxBack:
1J285
10/26/87 Williams to Senna
International Flavors and .
Fragrances, Inc.
oil and trace solvents that remain in reactor vessel following washing with acetone, ethyl Pages: 2
acetate, and xylene do not meet spent solvent definition; subsequent soap and water washout .
is process wastewater containing solvent constituents and is not F003 via mixture rule
,
12/16/87 Williams to Pace
Hogan and Hanson toluene used as carrier in manufacturing is used as solvent and F-listed after it is spent and
separated from product; however, when iron filter cake containing trace toluene levels is
separated from product, solvent on cake is not F-listed and does not render cake listed via
mixture rule
Pages: 7
FaxBack:
11311
12/6/88 Barnes
to Moretta
Region V
F001-F005 solvents used as carriers, extractants, etc. are listed HW when separated from •
process in which they were used; but other wastestreams (extracted wastewaters, etc.) that
picked up trace solvents during process are not F001-F005 or listed via mixture rule once
separated from process
Pages: 2
FaxBack:
11384
6/28/89 Barnes
to Wilson
EPAHQ
when listed solvent is used to extract aqueous liquid from liquid product stream, solvent is
listed when spent and removed from process; extracted aqueous wastestream which picked up
trace amounts of solvent during extraction step is not F001-F005 or listed via mixture rule
Pages: 9
FaxBack:
11437
7/10/89 Barnes
to Bekfen
USPQ
if metal part is degreased in F001-F005 solvent and then ground with sand, resulting metal
and sand waste containing traces of solvent is not F001-F005 or listed via mixture rule;
metal and sand waste considered process waste contaminated with solvent that was not
"spent"
Pages: 1
FaxBack:
11440
-------
PART 261 SUBPART D 261.31
F001, F002, F003, F004, FOOS: Solvent Carryover
Page 194
12/4/95
7/21/89 Barnes
to Schiffman
NJDEP
when toluene is used as solvent in production process and toluene is recovered, trace qualities Pa8«: 4
of toluene found in facility's washwaters would not normally be F-listed spent solvent and
would not render all facility wastewaters and WW sludges hazardous via mixture rule
8/30/91 Lowrance to Duprey
Region VHI
solvent carryover; when metal part is cleaned using F-listed solvent, then is air dried and
blasted, blasting grit containing trace levels of solvent is not F001-F005 or listed via
mixture rule; if solvent was used in excessive amounts during initial cleaning, solvent in
grit could be F-listed
Pages: 12
FaxBack:
11638
10/20/92 Bussard to Boyle
Region V
F001-F005 solvents used as carriers, extractants, etc. are listed HW when separated from
process in which they were used; but other wastestreams (extracted wastewaters, etc.) that
picked up trace solvents during process are not F001-F005 or listed via mixture rule once
separated from process
Pages: 2
FaxBack:
11703
6/1/94 Shapiro to Hiley
Goodwin. Proctor, and Hoar although in past EPA has stated that "process wastes" contaminated with F-listed solvents
are often not listed, states and Regions usually make such determinations; EPA has no
numerical levels for solvent contamination which render "process wastes" listed
Pages: 2
FaxBack:
11839
FOfll. F002. F003. F004. FOPS Solvent Ingredients In Paint Not Listed
5/2/86 Straus
to Harvey
Occupational Medical
Services
F-Hstings do not apply to solvents used as ingredients or reactants in a CCP; activated
carbon used to collect methylene chloride, Freon 113, and trichloroethylene paint ingredients
that volatilized during paint application would only be HW if characteristic
Pages: 2
FaxBack:
11151
9/15/86 Straus
to Slemmer
SolidTek Systems, Inc.
ignitable discarded paint which contains xylene is D001 because the xylene is neither spent
xylene (F003) nor a discarded, unused CCP (U239); FOOS waste code, not F002, applies to
spent toluene
Pages: 2
FaxBack:
11180
-------
PART 261 SUBPART D 261.31
F001, F002, F003, F004, F005 Solvent Ingredients In Paint Not Listed
11/7/86 Straus to Fixter
S & w Waste Inc. solvent waste from painting operation is not F-listed if solvent served as ingredient in the
paint formulation; solvent used to strip paint can be F-listed HW because it was used as
solvent (i.e. to dissolve or solubilize paint constituents)
Page 195
12/4/95
Pages: 2
FaxBack:
11194
2/19/87 Straus
to Hemker
Q Source Engineering. Inc. adding pure or commercial grade F-listed solvent to ink, paint, adhesive, or glue as ingredient Pages: 4
does not trigger spent solvent HW listings; mixture of listed spent solvent HW and product
destined for discard carries F-listings via mixture rule
5/20/87 Sales
to Czigler
s A w Waste, inc. paint containing solvent where solvent is an ingredient in product is not covered by the spent Pa8«: 10
solvent listings, even if solvent was added as thinner after purchase; addition of solvent to . ^249 c-k:
paint by user is formulation of modified paint product, not solvent use for purpose of F
listings
4/14/88 Lowrance to Meeks
U.S. Navy
use as a paint stripper constitutes solvent use because the solvent is being used to mobilize
or solubilize constituents in the paint; presence of F001-F005 constituents in paint product
does not make the paint (or any residue containing paint) an F-listed HW when discarded
"Pages: 8
FaxBack:
11340
5/5/88 Barnes to Lindberg
SWI, Inc.
wastes involving solvents that were used as reactants or ingredients in CCPs are not F-listed p"8es: '
HW; paints which contain F001-F005 solvents as ingredients are not F-listed when discarded ^349ck:
7/28/88 Barnes
to Vickers
Columbus Industries
filters from paint spray booths are not listed HW, although they may exhibit characteristics p"8«: h
(does not address filters capturing solvents used to clean booths); if F001-F005 solvent is ^357ck:
used to clean paint-laden filter, resulting solution of paint and thinner is listed HW
5/3/90 Lowrance to Diehn
Environmental Services
wastes such as discarded paint and paint spray booth air filters containing toluene and xylene p*&": 3
which served as ingredients in paint are not F001-F005 m?3*ck
-------
PART 261 SUBPART D 261.31
F001, F002, F003, F004, F005 Solvent Percentages Before Use
Page 196
12/4/95
FOOl. ¥002. F003. F004. F005 Solvent Percentages Before Use
11/7/86 Williams to Winslow
Sandoz Crop Protection
Corp.
FOOl -POOS listings do not cover solvent wastes where solvent was used as reactant or
ingredient in product; if solvent contains less than 10% of solvents specified in FOOl, F002,
F004, or F005 listings before use, resultant waste is not listed (see also §261.31)
Pages: 6
FaxBack:
11193
11/7/86 Straus to Fixter
s&w Waste. Inc. solvent blends containing more than 10% methylene chloride prior to use would be F002
following use as paint stripper, solvent paint ingredients are not F002 because they are not
used for solvent properties (to solubilize. dissolve or mobilize other constituents)
Pages: 2
FaxBack:
11194
5/20/87 Sales
to Czigler
SAW Wane. Inc. technical grade F003 solvent (containing F003 constituents and other constituents as minor
impurities) can be F003 when spent; solvent containing (prior to use) more than 90% F003
constituents and less than 10% FOOl, F002, F004, F005 constituents carries no F-listing
when spent
Pages: 10
FaxBack:
11249
7/21/87 Weil
to Charley
New United Motor
Manufacturing
discarded, used paint thinner that consisted of 80% xylene, 9% toluene, and 11% glycol
ethers prior to use is D001 but not spent solvent F003 or F005, because it contained neither
100% F003 nor at least 10% FOOl, F002, F004, and F005 before use
Pages: 2
FaxBack:
11266
3/31/88 Straus
to Fox
Aptech
if product solvent contains less than a total of 10% of the solvents specified in the FOOl, Pa8«: 2
F002, F004, or F005 listings, the solvent is not listed HW after its use; such solvent wastes
could still meet F003 listing or exhibit characteristic
6/13/90 Lowrance to Richards
Applied Environmental
Technologies Corp.
for purpose of F001-F005 listings, "before use" means before use at facility, not when
purchased; if pure solvent product is purchased, diluted to less than 10% concentration, and
used as solvent, resulting waste is not F001-F005
Pages: 4
FaxBack:
11521
-------
PART 261
F001, F002,
SUBPART D
F003, F004, F005
261.31
Solvent Percentages Before
Use
Page 197
12/4/95
6/13/90 Lowrance to Richards
Applied Environmental
Technologies Corp.
if solvent formulation (before use) includes any amount of P003 solvents as well as at least
10% total of F001, F002, F004, or F005 solvents, resulting waste carries F003 listing and
other applicable F001-F005 listings (see also 6/94 MRQ)
Pages: 4
FaxBack:
11521
6/20/90 Lowrance to Giannetti
Pittsburgh Applied Research if total of all P001, F002, F003, or F004 solvents before use is 10% or more by volume,
C°T- waste from using solvent is listed and carries all applicable codes; F001-F005 codes can
apply even if each F001-F005 constituent is under 10%; trichloromethane (chloroform) is
U044 or D022, not F-listed
Pages: 1
FaxBack:
1-1527
10/20/93 Weddte
to Bowman
Environmental Dynamics
spent sol vent which was 10% or more methylene chloride and toluene before use and used to
strip wood carries F002 and F005 listings; if solvent contained any amount of F003
constituents before use, it would also carry F003 listing when spent
Pages: 8
FaxBack:
11787
FOOI. F002. F003. F004. F005: Solvent Use
5/24/85 Straus to Scott
Mobay Chemical Corp.
using solvents as reactants (as feedstocks to be incorporated into products) is not solvent Pases: 2
useand excess toluene, methanol, and m-cresol reactants cannot be F-listed; using solvents as
reaction media (to dissolve chemicals in order to enhance ability of those chemicals to react)
is solvent use
5/2/86 Straus to Harvey
Occupational Medical
Services
F-listings do not apply to solvents used as ingredients or reactants in a CCP; activated
carbon used to collect methylene chloride, Freon 113, and trichloroethylene paint ingredients
that volatilized during paint application would only be HW if characteristic
Pages: 2
FaxBack:
11151
7/2/86 Straus • to Boulware
Vipont Botanical
Laboratories
when methylene chloride is used to recover alkaloids from plant matter, solid cake and
wastewater from centrifuge separation are not listed wastes, but could be characteristic;
however, spent methylene chloride from centrifuge liquid extractor is F-listed waste
Pages: 2
FaxBack:
11164
-------
PART 261 SUBPART D 261.31
F001, F002, F003, F004, F005: Solvent Use
Page 198
12/4/95
8/4/86 Straus to McAdams
Mobil Chemical Co.
using solvents as reactants or ingredients in products is not solvent use;wastes from
processes where solvents were used as reactants are not F-listed; waste from process where
2-ethoxyethanol was used as ingredient in coating cannot be F-listed, although it may
dangerous
Pages: 1
FaxBack:
11169
11/7/86 Williams to Winslow
Sandoz Crop Protection
Corp.
F001-F005 listings do not cover solvent wastes where solvent was used as reactant or Pages: 6
ingredient in product; if solvent contains less than 10% of solvents specified in F001, F002, Ff ?ock:
F004, or F005 listings before use, resultant waste is not listed (see also possible
applicability of F003 listing)
11/7/86 Straus to Fixter
SAW Waste Inc. solvent waste from painting operation is not F-listed if solvent served as ingredient in the
paint formulation; solvent used to strip paint can be F-listed HW because it was used as
solvent (to dissolve, solubilize, or mobilize paint constituents)
Pages: 2
FaxBack:
11194
1/27/87 Straus
to Drozowski
Moog, Inc.
spent coolant containing 1,1,1,-trichloroethane (111-TCE) as ingredient is not listed,
provided not comingled with 111-TCE used in degreasing that is F001; solvent used as
coolant is only HW if characteristic
Pages: 2
FaxBack:
11212
2/19/87 Straus
to Hemker
Q Source Engineering, inc. adding pure or commercial grade F-listed solvent to ink, paint, adhesive, or glue as ingredient Pa8es: 4
does not trigger spent solvent HW listings; mixture of listed spent solvent HW and product
destined for discard carries F listings via mixture rule
5/20/87 Sales
to Czigler
s & w Waste, he. addition of solvent to paint by user after purchase is formulation of modified paint product, p»8es: 10
not solvent use for purpose of F listings; laboratory solvents can be listed when spent if mS?**1
used for cleaning or degreasing, or as dilutents, extractants, or reaction and synthesis media
9/1/87 Williams to Kertcher
Region V
using toluene as diluent (as carrier solubilizing feedstocks or reactant ingredients in a
process) is solvent use and can trigger F001-F005 listings; excess toluene recovered from
Chevron's process was diluent and is FOOS waste (SUPERCEDED: see 2/11/88 letter,
Williams to Kertcher)
Pages: 22
FaxBack:
11285
-------
PART 261 SUBPART D 261.31
F001, F002, F003, F004, F005: Solvent Use
Page 199
12/4/95
12/16/87 Williams to Pace
Hogm and Hanson toluene used as carrier in manufacturing is used as solvent and F-listed after it is spent and.
separated from product; however, when iron filter cake containing trace toluene levels is
separated from product, solvent on cake is not F-listed and does not render cake listed via
mixture rule
Pages: 7
FaxBack:
11311
2/11/88 Williams to Kertcher
Region V
using toluene as feedstock in product or as "chain transfer agent" (as reactant controlling rate Pa8es: 5
of reaction that is partially consumed in process) is not solvent use; excess toluene recovered £?jS?ck:
from such operations is not F005
4/14/88 Lowrance to Meeks
U.S. Navy
use as a paint stripper constitutes solvent use because the solvent is being used to mobilize
or solubilize constituents in the paint; presence of F001-F005 constituents in paint product
does not make the paint (or any residue containing paint) an F-listed HW when discarded
Pages: 8
FaxBack:
11340 •
5/5/88 Barnes to Lindberg
SWI, Inc.
wastes involving solvents that were used as reactants or ingredients in CCPs are not F-listed
HW; paints which contain F001-F005 solvents as ingredients are not F-listed when discarded
7/21/88 Lowrance to Turner
Racon Refrigerants used CFC refrigerant would not be listed spent solvent since it was not used for solvent
properties; refrigerant waste could exhibit characteristic of corrosivity (D002) if HCI is
present due to breakdown of CFCs at high compressor temperatures (see also §261.4(a)( 12))
Pa8«: "
ck:
7/28/88 Barnes to Vickers
Columbus Industries
filters from paint spray booths are not listed HW, although they may exhibit characteristics
(does not address filters capturing solvents used to clean booths); if F001-F005 solvent is
used to clean paint-laden filter, resulting solution of paint and thinner is listed HW
Pages: 1
FaxBack:
11357
12/6/88 Barnes to Moretta
Region V
F001-F005 solvents used as diluents (carriers), extractants, reaction, and synthsis media are p»8«: 2
listed HW once separated from process in which they were used; solvents used as ingredients
or reactants incorporated into products are not used as solvents and do not trigger F listings
-------
PART 261 SUBPART D 261.31
F001, F002, F003, F004, F005: Solvent Use
Page 200
12/4/95
6/28/89 Barnes
to Wilson
EPAHQ
when listed solvent is used to extract aqueous liquid from liquid product stream, solvent is Pages: 9
listed when spent and removed from process; extracted aqueous wastestream which picked up FfjS?ck:
trace amounts of solvent during extraction step is not POO 1-POOS or listed via mixture rule
7/21/89 Barnes
to Schiffman
NJDEP
using pure methanol and acetone to extract water from product is solvent use and resulting Pa8es
wastes are F003; if solvent product contains only F003 solvents before use, wastes from its
use are F003; if F003 is nonignitable when generated, it'is still F003 until it is mixed with
SW
8/2/89 Petmska to Allen
CA Dept of Health Services used CFC refrigerants are not HW F001 or F002 because they were not used as solvents; Pages: 5
such wastes are only HW if characteristic (see also §261.4(a)( 12)) . ^B,ack:
2/26/90 Barnes
to Wolf
Source Reduction Research CFCs used as blowing agents in production of foam insulation products (i.e., to physically Pages: 2
Partnership Open g^ expand the foam cells) are not considered used as solventsand are not FOO1-F005
when spent
11494
5/3/90 Lowrance to Diehn
Environmental Services wastes such as discarded paint and paint spray booth air filters containing toluene and xylcne Paees: 3
which served as ingredients in paint are not F001-F005
6/14/90 Bussard to Wilson
EPAHQ
using F-listed solvent to dissolve CCP and formulate lab standards is use as an ingredient, p»g«: 4
not solvent use; such lab standards are not F001-F005 when discarded, although they may F?*B"ck:
be P- or U-listed if they contain only one active ingredient
9/4/91 Lowrance to Guinyard
Region IV
vials containing waste radioactive scintillation cocktails using xylene or toluene as reaction Pages: 2;
medium are F003 and/or F005 if they meet applicable solvent percentage thresholds (see also
RPPC 9444.1989(02b)); if they are listed or characteristic, the cocktails must be managed as
RCRAHW
-------
PART 261 SUBPART D 261.31
F001, F002, F003, F004, F005: Solvent
Use
Page 201
12/4/95
8/17/92 Brandes
to Wilson
The Environmental Co.. inc. wastes from normal use or discard of toluene and polyurethane coating formulation are not p»g«: 6
F001-F005 (solvent is used as ingredient); if identical formulation is used to clean spray gun f??F/ck:
or equipment, resulting wastes can be F001-F005; in all cases, waste may be characteristic
10/20/93 Weddte to Bowman
Environmental Dynamics
spent solvent which was 10% or more methylene chloride and toluene before use and used to
strip wood carries F002 and F005 listings; if solvent contained any amount of F003
constituents before use, it would also cany F003 listing'when spent
Pages: 8
FaxBack:
11787
F002
7/15/86 Straus to Harvey
Occupational Medical
Services
vapors from degreasing operations using Freon 113, TCE, and methylene chloride are not
SW until adsorbed into carbon (vapors are not contained gases); therefore, F002 listing does
not apply and spent carbon canister is not HW via mixture rule, although it could be
characteristic
Pages: 2
FaxBack:
11166
3/6/87 Straus to Skoufis
Anscott Chemical industries, perchloroethylene (PCE) condensed and recovered during normal fabric drying in drycleaning
to"- machine is solvent-containing process waste, not F-listed HW; PCE condensate from
distillation or steam stripping of spent filter cartridges is HW since it is derived from F002
drycleaning HW
Pages: 3
FaxBack:
11224
9/22/89 Lowrance to Wassersug
Region ffl
cleaning PCBs from transformer with solvent containing 10% or more tetrachloroelhylene
(PCE) before use results in F002 listed waste; TSCA PCB regulations applicable to waste
do not supercede RCRA regulations; using solvent as dielectric is not "solvent use" causing
F001-F005 listings
Pa&™: 2
F003
1/27/87 Williams to Didier
WIDNR
mixture of SW and waste listed solely for characteristic (F003) is no longer listed HW if it
does not exhibit characteristics; such listed waste remains listed before mixing even if it
exhibits no characteristics as generated
Pages: 4
FaxBack:
11213
-------
PART 261 SUBPART D 261.31
F003
Page 202
12/4/95
5/20/87 Sales
to Czigler
SAW Waste. Inc. technical grade F003 solvent (containing F003 constituents and other constituents as minor Pages: 10
impurities) can be F003 when spent; solvent containing (prior to use) more than 90% F003 f f5?9*clc:
constituents and less than 10% FOOl, F002, F004, F005 constituents carries no F listing
when spent
6/17/87 Straus
to Ng
Region II
methanol volatilizing from pharmaceutical production is not SW; once captured in carbon Pages: 4
and condensed, methanol carries F003 listings and renders carbon listed; removal of F003 £•»|"ck:
from carbon is exempt recycling (SUPERCEDED: see 7/15/86 letter, Straus to Harvey)
7/21/87 Weil
to Charley
New United Motor
Manufacturing
discarded, used paint thinner that consisted of 80% xylene, 9% toluene, and 1 1 % glycol Pages: 2
emers prjor to use is D001 but not spent solvent F003 or F005, because it contained neither
100% F003 nor at least 10% FOOl , F002, F004, and F005 before use
3/31/88 Straus to Fox
Aptech
if product solvent contains less than a total of 10% of the solvents specified in the FOOl, Pages-. 2
F002, F004, or F005 listings, the solvent is not listed HW after its use; such solvent wastes *f™ck:
could still meet F003 listing or exhibit characteristic
7/21/89 Barnes to Schiffman
NJDEP
using methanol and acetone mixture to extract water from or dry product is solvent use and Pages: 4
wastes from process a>e F003; if product contains only F003 solvents before use, wastes •ft]!??'*'
from use of solvent is F003; F003 that is nonignitable when generated is still F003 until
mixed with SW
6/13/90 Lowrance to Richards
Applied Environmental
Technologies Corp.
if solvent formulation (before use) includes any amount of F003 solvents as well as at least Pages: 4
10% total of FOOl, F002, F004, or F005 solvents, resulting waste carries F003 listing and ftj£,ack:
other applicable F001-F005 listings (see also 6/94 MRQ )
9/4/91 Lowrance to Guinyard
Region IV
vials containing waste radioactive scintillation cocktails using xylene or toluene as reaction p«g«: 2
medium are F003 and/or F005 if they meet applicable solvent percentage thresholds (see also Ffifg ck:
RPPC 9444.1989(02b)); if they are listed or characteristic, the cocktails must be managed as
RCRAHW
-------
PART 261
F003
SUBPART D 261.31
Page 203
12/4/95
11/4/92 Lowrance to Notes
Four Seasons Industrial
Services, Inc.
xylene and acetone used to remove paint creates F003, even if waste is not ignitable; mixture p«8ej: 3
rule exemption does not apply to npnignitable F003 that has not been mixed with SW and
does not apply to soil and F003 mixture; LOR applies to F003 even if no longer ignitable
orHW
F005
9/15/86 Straus to Slemmer
SolidTek System], Inc.
ignitable discarded paint which contains xylene is only D001 because the xylene is neither Pag": 2
spent xylene (F003), nor a discarded, unused CCP (U239): F005 waste code, not F002, n?rock:
applies to spent toluene
9/4/91 Lowrance to Guinyard
Region IV
vials containing waste radioactive xrntillation cocktails using xylene or toluene as reaction Pag"; 2
medium are P003 and/or F005 if they meet applicable solvent percentage thresholds (see also
RPPC 9444.1989(02b)); if they are listed or characteristic, the cocktails must be managed as
RCRA HW
10/20/92 Bussard to Boyle
Region V
.toluene used as reaction medium (to carry ingredients into production process) may be F005 Pa8«: 2
HW when spent and separated from final product, but other wastes separated from final ck:
product that picked up trace solvents during process are not F001-F005 or listed via mixture
rule
F006 - F009 Electroplating Wastes: Current Electroplating Operations Definition
4/17/85 Maid
to Davis
Brash Welbnan, Inc.
cleaning step preceding electroplating that uses alkaline (basic) rather than more common
acidic cleaning solutions is considered an electroplating operation
Pages: 2
FaxBack:
11071
10/15/85 Poppiti to Friedman
PADNR
heat - treating not within scope of electroplating operations
Pages: 1
FaxBack:
11107
-------
PART 261 SUBPART D 261.31
F006 - F009 Electroplating Wastes: Current Electroplating Operations Definition
Page 204
12/4/95
5/22/86 Sarno
to Yancey
Whirlpool Coip.
wastes from initial cleaning steps in listed process that are kept separate from wastes from. P»g«: '
subsequent portions of process may not carry listing F«|*ck:
1/27/87 Straus
to Sauer
General Electric Co.
chemical etching and milling (which includes bright dipping, electropolishing.
Pages: 1
electrochemical machining) is electroplating operation and associated wastewater treatment F?5B,fpk:
sludges are F006 '
1/28/87 Straus
to White
Trial Environmental
Services, Inc.
electrostatic painting is not electroplating operation; treatment sludge resulting from use of Pa8": '
waterfall curtain in electrostatic painting operations is not F006 f?:IB/ck:
. llZlo '
1/28/87 Straus
to Grassland
Air Products and Chemicals, since bright - dipping is considered chemical etching, it is an electroplating operation and
Inc- associated wastewater treatment sludges are P006 *
Pages: 1
FaxBack:
11217
5/8/87 Straus
to Sanderson
Region VII
wastewater treatment sludges from non-cyanide zinc plating processes (i.e., zinc plating
(segregated basis) on carbon steel) are excluded from F006 listing; associated cleaning and
stripping operations are also excluded; such sludges are hazardous only if characteristic
Pages: 13
FaxBack:
11245
5/20/87 Straus
to Thirman
MN Pollution Control
Agency
chemical etching is electroplating operation and cyanide-bearing stripping solution from
etching process is F009
Pages: 3
FaxBack:
11251
8/10/87 Straus
to Sanderson
Region VD
since chromate conversion coating is no longer within scope of electroplating operations,
sludges from treatment of associated wastewaters are not F006
Pages: 1
FaxBack:
11273
-------
PART 261 SUBPART D 261.31
F006 - F009 Electroplating Wastes: Current Electroplating Operations Definition
Page 205
12/4/95
1/11/88 Williams to Lovgren
Leach and Gamer Co. mechanical burnishing and polishing are not an electroplating operation triggering
Pages: 4
P006-F009 listings; pickling to remove oxide scale could be cleaning or stripping associated Ff5?j ck:
with electroplating operation; etching of copper from gold-plated copper tubing is
electroplating operation
4/14/88 Lowrance to Meeks
U.S. Navy
sludge from wastewater used in metal cleaning or precleaning that is associated with
electroplating is F006; routine cleaning and stripping is not normally associated with
electroplating; purpose of cleaning, not location, determines if associated; metal stripping
part of electroplating
Pages: 8
FaxBack:
M340
10/3/88 Barnes
to Lyon
McDermoti. Will and Emery plating of copper-tin alloy on carbon steel wire using no electrodes or electrolysis is
"immersion plating" and is not electroplating operation triggering F006-F009 listings
Pages: 2.
FaxBack:
11371
12/7/88 Lowrance to Stapleton
Stapleton Company
electroless plating not electroplating operation triggering F006-F009 listings
Pages: 6
FaxBack:
11385
8/21/89 Barnes to Evans
Modine Manufacturing Co. use of electrical current not needed for electroplating operation; chemical etching does not Pages: 5
involve electrical current; cleaning must be associated with electroplating operations for mfiT*1
sludges from treatment of cleaning bath to be F006
8/15/90 Lowrance to Hopkins
ORDEQ
printed circuit board manufacturing wastes can be F006 if electroplating operations involved; Pases: 4
anodizing is electrical process and is electroplating operation; chemical conversion coating is £??Bjack:
non-electrical and is not electroplating for purposes of F006, F007, F008, or F009 listings
1/15/92 Lowrance to Duprey
Region VDI
electroplating definition; reduction or plating of metal ions on cathodic surface; electrolysis p»g": 2
is not electroplating; facility need only perform electroplating operations to be within scope [f^"clt:
of F006-F009 listings (whether facility is subject to CWA electroplating effluent standards
is irrelevant)
-------
PART 261 SUBPART D 261.31
F006 - F009 Electroplating Wastes: Current Electroplating Operations Definition
Page 206
12/4/95
7/12/94 Shapiro to Rhodes
IPC
cleaning and stripping is electroplating only if associated with, in line or contiguous with p»8es: ^
(i.e., no intermediate rinsing or drying) other electroplating operations; wastes from printed Ffjf.tck:
circuit board manufacturing can be P006 if electroplating operations are involved
7/15/94 Brandes
to Tease
Hubbard-Hali. Inc. chemical polishing process involving sulfuric acid washes and hydrogen peroxide-based
oxidation is not electroplating operation; discarded baths are HW only if characteristic
Pages: 2
FaxBack:
1,1854
F006 - F009 Electroplating Wastes! Electroplating Operations Definition ( Not Current
4/2/85 McGraw to Danforth
U.S. Senate
phosphating and chemical conversi
ling is electroplating operation and associated
wastewater treatment sludges can be P006 (SUPERCEDED: see 51 FR 43350; 12/2/86)
Pages: 9
FaxBack:
11067
4/17/85 Maid
to Davis
Brush Welbnah. Inc.
electroplating operations include six process categories (SUPERCEDED: see 51 FR 43350; Pa8cs: 2
12/2/86) FaxBack:
11071
5/13/85 Morse to Bell
aty of Foft Smith phosphating (chemical conversion coating) on carbon steel is electroplating operation and Pa8es: '
associated wastewater treatment sludges could be F006 (SUPERCEDED: see 51 FR 43350; ffj*ack:
12/2/86)
5/31/85 Topping to Ramus
Water Management, Inc.
wastewater treatment sludges from chemical conversion coating are either F006 or F019;
F019 wastes are a subset of P006 wastes (SUPERCEDED: see 51 FR 43350; 12/2/86)
Pages: 2
FaxBack:
11080
-------
PART 261 SUBPART D 261.31
F006 - F009 Electroplating Wastes: Electroplating Operations Definition ( Not Current )
Page 207
12/4/95
9/3/85 Same
to Chiu
Region V
phosphate conversion coating of automotive parts to provide lubrication is electroplating
operation and sludges from treatment of associated rinsewaters are F006 (SUPERSEDED:
see 51 FK 43350; 12/2/86)
Pages: 2
FaxBack:
11103
5/2/86 Claussen to Duffy
Pace Laboratories, inc. electroplating operations producing F006-F009 can include six processes, including chemical P»B«: 2
conversion coating (SUPERCEDED: see 51 FR 43350; 12/2/86)
9/21/94 Brandes to Downing
Fidelity Chemical Products electrolcss plating not covered by F006; electroless nickel solutions may be HW if mixed
with h'sted HW, if derived from listed HW or if they exhibit a characteristic
Pages: 3
FaxBack:
11930 '
F006 - F009 Electroplating Wastes: F006 Exclusions
4/10/85 McGraw to Satterfield .
American Hot Dip
Galvinizen Association,
Inc.
hot dip galvanizing is zinc plating on carbon steel and associated wastewater treatment
sludges are excluded from F006 listing; in context of F006 "segregated basis" means no
cyanides used in process
Pages: 4
FaxBack:
11068
5/13/85 Morse
to Bell
Gty of Fort Smith in context of F006, segregated basis means not mixed with wastewater from processes
containing hazardous constituents
Pages: 1
FaxBack:
11075
5/31/85 Topping to Ramus
Water Management, inc. wastewater treatment sludges from sulfuric acid anodizing of aluminum specifically excluded Pas": 2
fromF006 FaxBack:
11080
-------
PART 261 SUBPART D 261.31
F006 -~ F009 Electroplating Wastes: F006 Exclusions
Page 208
12/4/95
5/2/86 Claussen to Duffy
Pace Laboratories, inc. for purposes of F006, "segregated basis" means non-cyanide plating process
Pages: 2
FaxBack:
11152
8/2/94 Shapiro to Fisher
General Motors Corp. exclusion from F006 for zinc plating on carbon steel applies if zinc-cobalt alloy is used
Pages: 3
FaxBack:
LI 861
2/27/95 Brandes to Wozniak
TKK AP America. Inc.
aluminum anodized in sulfuric acid is excluded from F006 listing; sealing and coloring
anodized aluminum is not considered F006 or F019 if no chromates or cyanides are used;
electrodeposition with clear acrylic film does not generate a listed HW if no chromate or
cyanides are used
Pages: 4
FaxBack:
11940 •
FOOfi . F009 Electroplating Wastes: F006 Sludges
4/17/85 Maid
to Davis
Brush Wellman, Inc.
F006 listing covers processes that vary; variations in composition of sludges expectedfeven Pa8es: 2
if sludge is not characteristic, it can still be regulated as F006 until delisted "
3/20/86 Jenkins to Straus
EPAHQ
even when fully treated, industrial wastewater remains wastewater for purpose of listings; Pages: 9
management of electroplating or wood preserving wastewater at any point in wastewater ffffg ck
treatment train will create F006 or K001 sludge, regardless of actual contaminants in sludge
11/24/86 LeBleu-
Biswas
to Young
Whiteman. Osterman and F006 applies to sludge from treatment of rinsewaters; electroplating rinsewaters are not listed Pa8«: 1
Hanna FaxBack:
11198
-------
PART 261 SUBPART D 261.31
F006 - F009 Electroplating Wastes: F006 Sludges
Page 209
12/4/95
5/5/87 Abrams to Duncan
Compliance Recycling
Industries
filters as well as anionic and cationic ion exchange resins used to remove pollutants from
electroplating rinsewater meet the definition of sludges and are F006, even if not
characteristic
Pages: 8
FaxBack:
11244
7/28/87 Straus to Schiffman
NJDEP
any residual (e.g., ion exchange canisters) from treating electroplating wastewaters for p»g«: 4
pollution control is F006 sludge; electroplating rinsewaters not listed, but treatment of rinse
can create listed F006 waste
1/11/88 Williams to Lovgren
Leach and Gamer Co.
sludges from treating spent stripping and plating baths that are not wastewater are not F006; Pa8e5: 4
spent etching acid solution is not wastewater; sludge from treating wastewater used solely for
non-contact cooling is not F006
10/27/88 Lowrance to Greenberg
Browning-Penis industries once sludge precipitates from electroplating wastewater, sludge is F006, whether P«g": 3
precipitation occurs at generator facility or off-site TSDF; generator not required to identify
source of nonhazardous wastewater, but TSDF remains responsible for assigning F006
listing to sludges
12/7/88 Lowrance to Stapleton
Stapleton Company filter cake from treatment of plating wastewater is sludge; filter cake from treatment of
electroplating bath more likely to be spent material than sludge (i.e., plating bath is not
wastewater)
Pages: 6
FaxBack:
11385
7/5/89 Lowrance to Greenberg
Browning-Ferris industries treatment of nonhazardous or characteristic electroplating wastewater can generate listed F006 p»8": 4
sludge, whether treatment occurs at generator facility or off-site TSDF ck:
8/15/90 Lowrance to Hopkins
ORDEQ
EPA has defined wastewater only for purposes of Part 268, LDR requirements; wastewater p»8e': 4
treatment sludge is anything that precipitates or separates out during treatment; F006 may be Ff
-------
PART 261 SUBPART D 261.31
F006 - F009 Electroplating Wastes: F006 Sludges
Page 210
12/4/95
7/12/94 Shapiro to Rhodes
rpc
stripping solutions or baths can be electroplating wastewaten photoresist solids or "skins"
filtered from stripping solutions in printed circuit board industry can be F006 sludges
Pages: 7
FaxBack:
11851
7/21/94 Bussard to Weisjahn
U.S. Filler Recovery
Services, Inc.
ion exchange resin used to filter electroplating wastewater is F006 regardless of
characteristic; act of filtering contaminants from electroplating wastewater is pollution
control and generates sludge, even if intent is to reclaim wastewater for reuse in production
process
Pa8es: 2
6/30/95 Bussard
to Crim
Miller, Canfield, Paddock although dewatering is a form of reclamation, dried metal hydroxide solids in pellet powder Pae«: 3
and Stone, P.LC. from dewatering of electroplating wastewater are F006 sludges; interpretation applies even if
sludge sent for further reclamation
F006 - FOQ9 Electroplating Wastes: FOOT. F008. F009
11/24/86 LeBleu- to Young
Biswas
Whiteman, Osterman and carryover of cyanide-bearing plating and stripping solutions to rinsewater baths during
Hanna normal electroplating process does not make rinsewater F007 or P009 via mixture rule
Pages: 1
FaxBack:
11198
5/20/87 Straus
to Thirman
MN Pollution Control
Agency
chemical etching is electroplating operation and cyanide-bearing stripping solution from
etching process is F009
Pages: 3
FaxBack:
11251
7/28/87 Straus
to Schiffman
NJDEP
electroplating rinsewaters are not stripping or cleaning baths and cannot be F009; sludges
from rinsewater treatment can be F006; incidental carryover of F009 stripping or cleaning
solutions to rinsewater during process does not make rinsewater HW via mixture rule
Pages: 4
FaxBack:
11269
-------
PART 261 SUBPART D 261.31
F006 - F009 Electroplating Wastes: F007, F008, F009
Page 211
12/4/95
4^7/88 Lowrance to Wagoner
Region VII
F007, F008, P009 listings do not apply to rinsewaters; rinsewater can be listed if
deliberately mixed with F007, F008, or F009; carryover of plating or cleaning bath to
rinsewater during normal electroplating process is not HW mixture
Pago: 6
FaxBack:
11339
4/14/88 Lowrance to Meeks
U.S. Nivy
F007-F009 listings apply to solutions from electroplating operations when cyanides are used
in the process, or when such solutions contain cyanides; spent stripping bath itself might
alsobeF001-F005
•. 8
F010. FOIL F012: Heat - Treating Wastes
10/15/85 Poppiti to Friedman
PADNR
when parts (dies) are removed from salt bath and rinsed, salt bath residues that carry over
from part to rinsewater are not F011 and do not render rinsewater listed via mixture rule
Pages: 1
FaxBack:
11107
F017. F018
4/20/81 Straus
to Padnos
NYCityDEP
F017, F018, K078-K082 listings for paint wastes are suspended; paint wastes are still
subject to HW characteristics
Pages: 1
FaxBack:
11010
F019: Conversion Coating Sludges
5/31/85 Topping to Ramus
Water Management, inc. wastewater treatment sludges from chemical conversion coating are either F006 or F019;
F019 wastes are a subset of F006 wastes (SUPERCEDED: see 51 FR 43350; 12/2/86)
Pages: 2
FaxBack:
11080
9/3/85 Samo
to Chiu
Region V
phosphate conversion coating (process triggering F019) involves producing insoluble Pa8«: 2
crystalline phosphate on surface of metal to provide base for lubricants; phospate conversion
coating is electroplating operation within scope of F006 (SUPERCEDED: see 51 FR
43350; 12/2/86)
-------
PART 261 SUBPART D 261.31
F019: Conversion Coating Sludges
Page 212
12/4/95
6/24/87 Williams to Torrito
Continental Can Co.. be.
chemical conversion coating (chromating, phosphating, metal coloring, immersion plating) Pages: ^
changes surface properties of the part by converting underlying or basis metal; zirconium f???qck:
phosphating of aluminum cans triggers F019 listing (SUPERCEDED: see 55 FR S340;
2/14/90)
4/14/88 Lowrance to Meeks
U.S. Navy
scale or size of aluminum chemical conversion coating operation has no impact on
applicability of F019 listing .
Pages: 8
FaxBack:
1,1340
1/24/89 Lowrance to Torrito
Continental Can Co., inc. wastewater treatment sludges from processes involving zirconium phosphating of aluminum Paeei: 2
cans should be excluded from F019; exclusion applies retroactively to wastes generated . f?Jg|c.k:
before promulgation of final exclusion
4/17/90 Barnes to Duprey
Region Vlfl
wastewater from chemical conversion coating of aluminum retains identity while passing Pages: i
through treatment train; sludges generated in initial treatment unit and subsequent units are F?»S?ck:
allF019
5/2/90 Scarberry to Jaronik
Coral International, Inc.
exclusion from F019 listing apples to zirconium phosphating on aluminum cans when no Pages: 2
cyanide, chromium, or other hazardous constituents are involved
8/2/90 Bussaid to Brenan
Chrysler Motors Corp.
non-electrolytic tin phosphate coating of aluminum is chemical conversion coating; Pages: 3
wastewater treatment sludge from phosphate coating process is F019, even if no hazardous
constituents or characteristics present
8/15/90 Lowrance to Hopkins
ORDEQ
chemical conversion coating is non-electrical process; chemical conversion coating is not Pa«es: 4
anodizing and is not an electroplating operation for purposes of F006, F007, F008, or F009
listings
-------
PART
F019:
3^7/91
261
Conversion
Kayser
SUBPART
Coating
to Udo
D 261.31
Sludges
Fuji Photo Rim, Inc.
metal treatment process is not chemical conversion coating of aluminum (i.e., does not .
create F019) if does not involve chromate compounds or oxide, phosphate, or chromate
Page 21 3
12/4/95
P»ges: 2
FaxBack:
11587
conversion
3/4/93 Kayser
to Slotta
Kelsey-Hayes Co. if rinsewater is collected prior to actual chromate conversion coating step of process and is p»g": 3
managed separately from other process wastewater, sludges from treatment of rinsewater are ^ fJ8.***'
notF019 U
2/27/95 Brandes
to Wozniak
TKK AP America. Inc.
sealing and coloring anodired aluminum is not considered F006 or F019 if no chromates or P"g": 4
cyanides are used; efectrodeposition whh clear acrylic film docs not generate a listed HW if . ffg8/?**'
no chromate or cyanides are used
FQ20. F021. F022. F023. F026. F027. F028 Dioxin Wastes
3/4/85 Skinner to Talarek
American Wood Preservers F-listings for HW containing PCP (F021, F027, and F028) only apply to wastes generated P"B«: *
at wood preserving facilities in a few rare circumstances (see also §261.31: F032); F021 and ff5?1ack:
F027 are listed for acute toxicity (H), while F028 is listed solely as a toxic waste (T)
3/29/85 Cook
to Dioxin Policy
Coordinators
Regions IX
wastes from the production of chlorophehoxy acids, or their ester, ether, amine, or other salt Pa8«: 4
derivatives are F020 (including 2,4,5-T); processes covered by F023 are the same as those
covered by F020; F020-F023, and F026 do not cover wastewaters but do cover sludges from
their treatment; packaging is not pan of the formulating process
7/5/85 Skinner to Huebner
Region I
most lab wastes aren not listed (even if they contain dioxins) and are' HW only if
characteristic; nevertheless, unused portions of HW being analyzed in lab and any residue
derived from lab analysis of HW are subject to regulation when discarded (see also
§§261.4(d),(e),and(0)
Pages: 2
FaxBack:
11088
-------
PART 261 SUBPART D 261.31
F020, F021, F022, F023, F026, F027, F028 Dloxln Wastes
Page 214
12/4/95
7/23/85 Bellin
to Hagan
Wright State University
mere presence of dioxin constituents in laboratory wastes (such as stock solutions, clean up p»«ej: '
materials, and chromatographic columns) does not make wastes subject to F-listings for
dioxin wastes; however, unused HW samples or residues from their analysis are still HW
2/12/86 Straus
to Igli
Chemical Waste
Management, Inc.
unrinsed container which contained unused PCP formulation is F027 subject to all
regulations applicable to acute HW; residues from incineration of such acute HW remain
acutely hazardous
Pages: 2
FaxBack:
11130
3/3/86 Straus
to Warren
Eden Associates
spent carbon used to treat GW contaminated by spill of product PCP is acute HW F027 (see Pa8«: 1
also §§261.24 and 261.31)
10/21/86 Straus
to Levin
Velsicol Chemical Corp.
applicability of F020 and F023 listings to wastes from the production of
2,4,5-trichlorophenol (TCP) and hexachlorophene; F020 and F023 wastes are regulated as
acutely hazardous
Pages: 2
FaxBack:
11186
10/21/86 Straus
to Berry
Baker and Potts
since F027 listing does not include PCP formulations which have been used, used PCP is
only HW if mixed with listed HW or if it exhibits characteristics (SUPERCEDED: see
§§261.24 and 261.31) ,
Pages: 3
FaxBack:
11187
2/9/87 Williams to Dietrich
ICF Technology
residue from incineration of F020 (or other acute F-listed HW) is still F020 and must be
handled as acute HW; proposed F029 listing (never finalized) would have regulated certain
residues from incineration of acute F-listed HW as toxic listed waste
Pages: 15
FaxBack:
11219
2/9/87 Williams to Dietrich
ICF Technology
equipment and debris used in production of 2,4-D is not covered by F-listings unless
equipment was also used in production of tri- or tetrachlorophenol and is F023
Pages: 15
FaxBack:
11219
-------
PART 261 SUBPART D 261.31
F020, F021, F022, F023, F026, F027, F028 Dloxln Wastes
Page 215
12/4/95
4/8/87 Straus
to Seller
WA Dept. of Ecology
soil contaminated with certain spilled unused pesticides (2,4,5-T; Simazine; 2,4-D; P«8": 2
Dicambia; and Bromacil) is regulated as acute HW when excavated because it contains F027;
if soil contamination is result of pesticide usage, excavated soil is regulated only if it
exhibits characteristic
4/9/87 Straus
to Rader
Environmental Affairs
Consultant
F027 listing covers unused formulations such as those which contacted wood or which . Pages: 2
remain in dip or process tank after preservation; dipping piece of wood in container of unused f f5« clt:
preservative to claim it as used is sham; preservative can be used even if not spent (i.e., still
has value)
6/19/87 Williams to Roos
SRM
F021 listing applies to wastes from the manufacture of PCP; P021 listing does not apply to Pas«: ^
wastes from wood-preserving facilities such as bottom sludge cleaned out of dip tanks or .
PCP-treated wood that is discarded (see also §261.31: F032)
6/19/87 Williams to Roos
SRM
F027 listing applies to unused PCP wood preservative; F027 does not cover used paB": 7
formulations that have come in contact with wood; that remain in process vessel or dip tank ?f~?.fclc:
after wood has been treated; or that are contained within treated wood (posts, poles, railroad
ties, etc.)
6/25/87 Straus
to Martin
Preservation Products, inc. hydrochloric acid produced from hydrogen chloride gas in manufacture of PCP is a Pa§es: 7
co-product, not F021; co-products are produced intentionally and ordinarily used in existing
state as commodities
9/2/87 Scarberry to Ramsey
KS Dept of Health and
Environment
all wastewaters from production of PCP are excluded from the F021 listing as well as the
other listings for dioxin-bearing HW
Pages: 8
FaxBack:
11287
9/23/87 Straus
to Blundon
Koppen Co., Inc. discarded brand name product "Noxtane" is F027 due to the active ingredient, PCP; wood
chips and sawdust derived from wood treated with PCP formulation (Noxtane) would not
meet any of the listing descriptions found in §§261.31 or 261.32
Pages: 3
FaxBack:
11295
-------
PART 261 SUBPART D 261.31
F020, F021, F022, F023, F026, F027, F028 Dloxln Wastes
Page 216
12/4/95
10/23/87 Williams to Mouser
Marion County Health Dept. lubricating oil contaminated with dioxins from the use of TCDD as analytical standard is
only HW if characteristic, since it is neither manufacturing waste triggering F020-F023,
F026, F028 listings nor F027 (discarded unused formulation containing chlorophenolic
compounds)
Pages: 2
FaxBack:
11298
11/16/88 Weil
to Grove
Hutcheson and Gnindy
EPA is aware of special problems in storing dioxin-containing wastes since no facilities are PȤM: 3
permitted to treat or dispose of these wastes ff?B,ack:
iJJol
F032. F034. & F035
5/31/91 Lowrance to Waste Management Regions i-x
Division Directors
incidental drippage at wood preserving plants not illegal HW disposal provided owner and/or Pa8cs: '
operator responds immediately; immediate response determination is site-specific; once m??1*1
removed from drippage area, contaminated media are HW F032, F034, or F035
4/8/94 Brandes to Ingalls
ORDEQ
although F032, F034, F035 listings do not generally apply to treated wood products that are Paees: '
discarded, wood "stickers" (pieces of wood used during wood preserving to separate bundles of
lumber) that come into contact with wood preservative are listed HW when discarded
F037 & F038
7/3/91 Lowrance to Duprey
Region Vm
sludges formed in aggressive biological treatment (ABT) units aren't F037 or F038; only ?*&*•• 3.
secondary or tertiary treatment units qualify as ABT; ABT units receiving or generating TC
HW are subject to all applicable rules; F037/P038 sludges can be formed in ABT units not
operating properly
7/5/91 Lowrance to Waste Management Regions i-x
Division Directors
liquid from which P037 and F038 sludges is generated is not itself HW via the mixture Pa8": 9
unless it is mixed with the sludge after the sludge is generated (e.g., sludge is scoured upon F«*Back:
introduction of waste into the unit)
11626
-------
PART 261
F037 & F038
SUBPART D 261.31
Page 217
12/4/95
7/31/91 Lowrance to Wallace
Region Vm
definition of aggressive biological treatment (AST) units for purposes of F037 and F038
listings does not apply to exemption for biological treatment units from surface
impoundment MTO
Pages: 7
FaxBack:
11631
261.32
K-listed Wastes
Kfflfll
Wood Preservation
3/4/85 Skinner to Talarek
American Wood Preservers F-listed dioxin wastes are rarely generated at wood preserving facilities; EPA may amend
hstitute K001 to address chlorinated dioxins and furans (see also §261.31: F032-F035)
Pages: 4
FaxBack:
11061
7/16/85 Straus to Slinson
R.W. Summers Railroad
Contractor, Inc.
listings (K035, K001) for wood preserving wastes do not apply to disposal of creosote- Pages: 2
treated cross ties; cross ties unlikely to exhibit characteristic (see also §261.24); FIFRA may
place controls on their handling and disposal
2/11/86 Porter to McKinney
U.S. House of
Representatives
creosote-treated wood is probably not HW, as it is not-covered by the listings (K001, K035)
and is unlikely to a characteristic (see also §261.24); FIFRA regulations prohibit the
burning of creosote-treated wood
Pages: 4
FaxBack:
11129
3/20/86 Jenkins
to Straus
EPAHQ
contaminant concentrations are not relevant to determining whether a waste is F006, K001, Pa8": 9
or another listed HW; if waste matches listing description but does not merit RCRA Subtitle Ff??gck:
C regulation, delisting or rulemaking is necessary to deregulate waste
6/19/87 Williams to Roos
SRM
bottom sludge from cleaning out dip tanks at wood preserving facilities using PCP is not
K001; K001 listing applies to sludges from treatment of wastewater produced from wood
preserving operations using PCP or creosote (see also §§261.24 and 261.31)
Pages: 7
FaxBack:
11256
-------
PART 261
K009 - K136
SUBPART D 261.32
Page 218
12/4/95
K009 - K136
Organic Chemicals
5/14/85 Jacoff to Haight
KYDEP
K021 (aqueous spent antimony catalyst waste from fluoromelhanes production) applies to Pa8es: '
aqueous waste contaminated with spent catalyst and organics from reactor purging, not to the f?j2?ck:
spent catalyst (reactor purge stream) before it is filtered, washed, and oxidized
10/16/87 Williams to Retallick
DE DepL of Natural
Resources and
Environmental Control
Standard Chlorine's "polychlor material," a distillation bottom by-product from the
production of chlorinated benzenes, is K085
Pages: 4
FaxBack:
11297
4/21/88 Lowrance to Sinibaldi
Standard Chlorine of DE, distillation or fractionation column bottoms from the production of chlorobenzene are K085 Pages: 22
Inc. . FaxBack:
11342
7/13/89 Barnes to Ullrich
Region V
K022 listing for "distillation bottom tars from the production of phenol/acetone from
cumene" includes liquids
Pages: 4
FaxBack:
11444
K031 . K126
Pesticides
7/16/85 Straus to Stinson
R.W. Summers Railroad
Contractor, Inc.
listings (K035, K001) do not apply to disposal of creosote-treated cross ties; cross ties
unlikely to exhibit characteristic (see also §261.24); FIFRA may place controls on their
handling and disposal
Pages: 2
FaxBack:
11094
2/11/86 Porter to McKinney
US. House of
Representatives
creosote-treated wood is probably not HW, as it is not covered by the listings (K001, K035) p»8es: 4
and is unlikely to a chatacteristic (see also §261.24); FIFRA regulations prohibit the m » °k:
burning of creosote-treated wood
-------
PART 261 SUBPART D 261.32
K044 - K046
Page 219
12/4/95
K044 - K046
Explosives
1/10/80 Lehman to Bingham
IRK Chemicals
K047 (pink/red water from TNT operations) is listed for its potential to dewater over time
and become reactive
Pages: 5
FaxBack:
11002
3/3/87 Straus to Hubbard
U.S. Dept. of Army
residue from the incineration of K045 is still listed waste even though the ash is not
reactive; waste or treatment residue may be eligible for §261.3(a)(2)(iii) mixture rule
exemption if mixed with SW and mixture exhibits no characteristics (see also §268.3)
Pages: 3
FaxBack:
11222
11/4/88 Weil
to Ward
Omark industries K044 which loses reactivity characteristic when treated in wastewater treatment system is no Pages: 2
longer K044, but must be designated as a HW if it exhibits another characteristic
K048 - KOS2
Petroleum Refining
2/22/85 Straus to Walsh Placid Refining Co.
K048 does not apply to sludge generated by dissolved air flotation device used in secondary
(biological) wastewater treatment systems
Pages: 1
FaxBack:
11059
8/23/85 Skinner to Regions
Regions I-X
mixture of wastewater and waste derived from a listed petroleum refinery waste is hazardous
via the mixture rule; supernatent from proper dewatering of listed petroleum wastewater
treatment sludge may not be HW via derived-from rule (see also 3/5/93 letter, Denit to
Swanberg)
Pages: 14
FaxBack:
11102
1/7/86 Straus to Rose
Region VI
mixture of SW and listed HW originally listed due to presence of specific hazardous
constituents (such as K048, K049, K051, which were listed for containing hexavalent
chromium and lead) is HW via mixture rule until delisted
Pages: 2
FaxBack:
11121
-------
PART 261 SUBPART D 261.32
K048 - K052
Page 220
12/4/95
5/26/87 Straus to Curtiss
PADNR
sludge generated in an API separator at a facility that is not a petroleum refinery is not
KOS1; KOS1 covers facilities in SIC 2911 that perform distillation of crude oil and/or
unfinished petroleum derivatives.
Pages: 4
FaxBack:
11252
7/2/87 Williams to Davis
EPAHQ
K049 listing (slop oil emulsion solids) is not limited to skimmings from API separators
Pages: 3
FaxBack:
H262
8/2/89 Lowrance to Uremovich
Terminal Technologies. Inc. sludges generated at bulk terminals are not typically within scope of KOS1 and K052 listings Pa8«: 2
(see also §261.31); if K049, K051, or K052 wastes are shipped to a bulk terminal, wastes
derived from their management would meet the listings
3/5/93 Denit
to Swanberg
Separation and Recovery effluent from petroleum recovery process that accepts HW K048-K051 that is returned to Paees: 3
Systems wastewater treatment system is not derived from listed waste if chemically equivalent to I'n??'*'
non-listed influent that originally produced listed waste (see also 8/23/85 letter, Skinner to
Regions)
4/20/95 Shapiro to Sweeney
Alyeska Pipeline
EPA HQ policy does not address whether K050 is generated only through actual cleaning of Paees: 5
heat exchanger bundles, or if regulated K050 waste is created when sludges remain in
shut-down exchanger for more than 90 days or when they are discarded along with uncleaned
bundle
5/25/95 Shapiro to Adler
Demetiiou, Del Guercio, K052 is limited to tank bottoms generated at or as part of a petroleum refinery from tanks Pa8": 2
Springer & Mover use(| to store leaded gasoline or leaded blending fractions; listing applies regardless of whether
waste exhibits characteristic; tank bottoms from naptha storage at a refinery not listed
-------
PART 261 SUBPART D 261.32
K060, K087, K141 - K145, K147, K148
Page 221
12/4/95
K060. K087. K141 - K14S. K147. K148
Coking
12/24/87 Williams to Miner EPAHQ
regulatory status of coal tar decanter sludge waste pile; K087 stored prior to recycling in coke Pl«es: 4
and coal tar production is not exempt from regulation under §261.6(a)(3)(viii) (see also m??elc:
§261.4(aX10))
4/20/93 Lowrance to Novello
Frcedman. Levy, Kroll. and centrifuge underflow waste is not coke byproducts waste K147 or K148; may exhibit a
Simonds characteristic
Pages: 2
FaxBack:
11737
K061. K062
Iron And Steel
4/10/85 McGraw to Satterfleld
American Hot Dip
Galvanizen Association,
Inc.
lime-stabilized waste pickle liquor sludge from steel finishing is not K062 unless it exhibits Pa8«: 4
a characteristic of HW ' f?Af0ack:
1 lUoo
11/14/85 Claussen to Wyatt
Leggett and Plan, Inc.
K062 is spent material subject to full regulation before use as fertilizer ingredient; treated
pickle liquor that becomes a commercially available fertilizer produced for general public's
use is not subject to regulation (see also §266.20(b))
Pages: 3
FaxBack:
11112
1/27/86 Williams to Esral
Plant-Roberts Chemicals
all dusts and sludges from the production of steel in EAF are listed HW, unless generated
from foundry operations; distinction between primary (steel manufacture in EAF) and
secondary (foundry making castings from scrap) production processes
Pages: 3
FaxBack:
11126
8/21/86 Straus to Meyers
The Fertilizer Institute
zinc flue dust (K061) is exempt from regulation once it is processed into a commercial
fertilizer sold to the general public; wastes from fertilizer production are K061 via
derived-fromrule
Pages: 3
FaxBack:
11174
-------
PART 261 SUBPART D 261.32
K061, K062
Page 222
12/4/95
9/11/86 Williams to Schauble
Frit industries, inc. zinc micronutrient fertilizer containing K061 is exempt from regulation if it is produced for
the general public's use and handling is commensurate with zinc fertilizer management (see
also 266.20(b))
Pages: 12
FaxBack:
11179
5/20/87 Straus to Russell
Russel Resources, Inc:
pickle liquor becomes K062 as soon as it exits the pickling line bath and is sent to be
regenerated; reclamation of pickle liquor before reuse makes it a spent material, even if it
could continue to be used prior to reclamation
Pages: 5
FaxBack:
11250
1/11/88 Williams to Lovgren
Leach and Gamer Co.
pickling bath used to remove oxide scale from precious metals is not K062 when spent; if Pa«e5: 4
pickling is associated with electroplating, anodizing, or chemical etching and milling, wastes ??5B* ?k:
from process could be F006-F009
1/25/88 Williams to Greaves
EPAHQ
partially reclaimed K061 (zinc oxide) requiring further reclamation is still a HW; AMC v.
EPA; status of dust from kiln burning K061 could change when BIF regulations are finalized
(see also §§261.3(cX2)(iii)(Q(l) and 261.4(a)(ll)); indigenous secondary materials (see also
§266.100)
Pages: 4
2/24/88 Denit
to Bouchard
Centre de Recherche
Industrielle du Quebec
K061 listing applies solely to emission control dust or sludge from EAFs used in primary
steel production (e.g., stainless steel); K061 listing does not apply to dust or sludge from
EAFs used in casting operations
Pages: 4
FaxBack:
11328
5/2/88 Barnes
to Boulden
Ladish Co, Inc.
spent pickle liquor generated by steel fabricator is not K062 since facility is not in SIC codes Pa8«: 4
33 lor 332 . F?;B»ck:
11346
6/15/88 Barnes
to Yaori
Sumitomo Corp. of America K061 was listed because it is typically disposed, or reclaimed in processes unrelated to
primary production of steel, and because it is frequently stored in open piles
Pages: 11
FaxBack:
11353
-------
PART 261
K061, K062
SUBPART D 261.32
Page 223
12/4/95
2/13/90 Lowrance to. Duprey
Region Vffl
cement made using EAF dust as an ingredient is still K061, and must meet LDR treatment P»g": 13
standards; high zinc subcategory has required treatment standard of metal recovery and cannot Ffjg.*ck:
be land disposed (SUPERCEDED: see §268.40)
6/19/90 Cessar
to Bowman
PADNR
lime-stabilized K062 pickle liquor is not exempt from derived-from rule if characteristic; to Pag": 2
qualify for exemption, waste pickle liquor must be lime- stabilized at an iron and steel
manufacturer, lime stabilization at a commerical TSDF does not qualify
12/1/92 Denit
to Guerry
Collier, Shannon. Rill and EAF dust (K061) used as ingredient in grit for abrasive blasting, roofing granules, or
SaM ceramics is not SW as long as dust is not used in a manner constituting disposal
Pages: 2
FaxBack:
11714
K064
Primary Conner
7/12/89 Duprey to Giannotto
Shea and Gardner Magma Copper's acid plant blowdown (APB) and APB/tailings mixture is not K064 because Pa8«: 2
it is not thickened into sludge or slurry
K069 & K100
Secondary Lead
8/5/91 Lowrance to Waste Management Regions l-x
Division Directors
slags and drosses from secondary lead smelting where K069 is used as a feedstock are not p««es: 2
listed via the derived-from rule; such smelting residues may be HW if characteristic; m?? °k:
indigenous principle for recycled furnace wastes
9/19/94 Shapiro to Dumas
RSRCorp.
K069 listing does not apply to secondary acid scrubber wastes from secondary lead smelting p«g«:
during administrative stay; stay remains in effect until 30 days after future rulemaking
clarifying K069 scope
-------
PART 261
K078 - K082
SUBPART D 261.32
Page 224
12/4/95
K078 . K082
Paint Wastes
4/20/81 Straus to Padnos
NY City DEP
F017, F018, K078-K082 listings for paint wastes are suspended; paint wastes are still
subject to HW characteristics
Pages: 1
FaxBack:
11010
K086
5/20/87 Sales
Ink Formulation
to Czigler
s & W Waste. Inc. F-listed solvents from washing tubs and equipment used in ink formulation meet both the Pa8cs: lo
K086 and the appropriate F001-F005 listings when discarded
K088
Primary Aluminum
3/3/89 Lowrance to Goldman
The Aluminum Association K088 listing only applies to the carbon portion of the material contained inside the Pages: 4
elctrolytic reduction cell; other materials contained in the pot are not within the scope of the Ff'j5?ck:
• • •
listing
3/6/89 Barnes to Day
Kaiser Aluminum K088 listing for spent potliners only applies to the carbon portion contained inside the
electrolytic cell; other materials contained in the pot are not covered by the listing
Pages: 2
FaxBack:
11401
8/25/89 Lowrance to Goldman
Aluminum Association, inc. K088 only applies to carbon portion inside electrolytic reduction cell; other portions of the paR«: 2
pot containing "significant levels of free cyanide" may be reactive **:
-------
PART 261
K090 & K091
SUBPART D 261.32
Page 225
12/4/95
K090 A K091
Ferroalloys
10/3/89 Scarbeiry to Cerar
Squires. Sinden and
Dempsey
K090 and K091 cover waste generated by air pollution control devices from ferrochromium Pages: 5
or ferrochromium silicon production furnaces; K090 and K091 listed for total chromium
(Cr); as of 1989, no plan to remove listings since new data show bivalent Cr may be a
carcinogen
K156. K157. K158. K159. K160. K161
Carbamates
8/3/95 Bussard to Steinberg
Morgan. Lewis & Bockius calculation for §261.3(a)(2)(iv)(F) exemption for K1S7 carbamate wastes must account for Pa6es: 3
all constituents not reacted, destroyed, or recovered, including amount volatilized;
compliance point (where volatilization is measured) is the point of generation prior to
mixing with other wastes
8/24/95 Bussard to Dolan
Ansel] Perry, Inc.
K161 is limited to wastes from the production of dithiocarbamate acids and their salts
Pages: 3
.FaxBack:
11943
11/27/95 Shapiro to Roster
Cytec Industries, Inc.
carbamates are a salt or ester of carbamic acid; methyl carbamate is the simplest ester of Pages: 2
carbamic ester, organic wastes from the production of methyl carbamate are K156 regardless ^?*B?ck:
of the concentration of toxic contaminants
261.33
Discarded
P- & IJ-listed Wastes
11/18/80 Dietrich to Reynolds
Gold Mitt, Inc.
mixture created by rinsing listed CCP from container with washwater is HW via mixture Pa8«: '
rule; container rinsewater is SW because it is discarded °k:
-------
PART 261
Discarded
SUBPART D 261.33
Page 226
12/4/95
5/7/81 Corson to Buschel
Chloroben chemical Corp. use of orthodichlorobenzene (U070) to unclog sewer pipes and septic tanks is not disposal, P»B": 2
therefore solvent is not a CCP; CCPs not HW until discarded; normal use is not disposal f Jo?iack:
5/13/81 Corson
to Wittmer
Merck, Sharp & Dohme CCPs are not SW until a decision is made to discard them; pharmaceutical chemicals (U245) Paees: 4
becomes HW at point decision made to discard (after returned to manufacturer)
5/30/86 Williams to Rambo
National Pest Control
Association, Inc.
pesticide residue left on truck or service vehicle is not a discarded CCP because it is released Pa8es: 2
into the environment as a result of use (see also 7/22/85 letter, Skinner to Hathway) .
5/18/87 Straus
to Burchett
Clean Crop
unused Phorate pesticide that volatilizes into the air during production, is captured in carbon Paees: 3
filters, and is ultimately destined for destruction is P094 HW
9/9/87 Williams to Levin
Velsicol Chemical Corp.
P and U listings do not apply to chlordane and heptachlor applied to land or inside homes as Pages: 6
part of normal use and subsequently found in soil, swimming pool water, carpet, or
wallboard; P and U listings do apply to soil or carpet contaminated by unintentional spills of
these chemicals
2/22/89 Cochran to ODay
•Packard Instrument Co.
transportation and sale of unused solvent, Ultima-Gold, not subject to. Subtitle C because it Pa8ei: 3
is still a product rather than a discarded material; only subject to regulation as a discarded mogck:
material if abandoned (i.e., disposed or incinerated) or recycled by being burned for energy
recovery .
3/20/89 Cannon . to Fowler
U.S. Senate
cancelled dinoseb pesticide product becomes SW at point it is to be sent for disposal
Pages: 2
FaxBack:
11409
-------
PART 261
Discarded
SUBPART D 261.33
Page 227
12/4/95
6/23/89 Lowrance to Ullrich
Region V
until FIFRA regulations amended to reflect RCRA Subtitle C storage standards, regulations *•*?»•• 2
applicable to storage of suspended or cancelled U-list pesticides (silvex and 2,4,5-T)
determined on case-by-case basis
12/15/92 Lowrance to Rodriguez
CA Regional Water Quality pesticide applicator rinsewater is not a HW because pesticide residue left on machinery is not p««es: '
Control Board a discarded CCP and therefore not a HW; washwater is HW if it exhibits a characteristic (see ^?7?
-------
PART 261
General
SUBPART D 261.33
Page 228
12/4/95
6/14/90 Bussard to Wilson
EPAHQ
diluting or dissolving chemicals in order to make lab standards is not use; lab standards .
containing P- or U-listed chemicals that are discarded unused (i.e., excess, exceeded shelf life,
otherwise contaminated) are P- or U-listed HW if only one active ingredient
Pages: 4
FaxBack:
11523
8/24/92 Abrams to Lynnes
BHL Consultants, Ltd.
P and U listings apply to all CCPs with the generic names listed in §261.33, regardless of
CAS numbers; cyclophosphamide and cyclophosphamide monohydrate, although described
by different CAS numbers, are both UOS8
Pages: I
FaxBack:
11687
Sole Active Ingredient
9/16/81 Friedman to Sato
Region DC
diluted solution of pesticide Aldicarb (P070) would be disposal of product itself provided
Aldicarb is sole active ingredient in solution
Pages: 2
FaxBack:
11021
5/6/86 Porter to Lugar
U.S. Senate
presence of one or more P- or U-listed chemicals in solvent TF-1 does not automatically
make it a listed solvent; to be listed under on P or U list it must be a pure or technical grade
of a listed solvent, or contain a sole active ingredient
Pages: 9
FaxBack:
11153
9/15/86 Straus to Slemmer
SolidTek Systems, Inc.
a mixture of pyridine and osmium tetroxide, both listed in §261.33 when discarded CCPs, is
not a P- or U-listed waste because the mixture is not a pure or technical grade of chemical
and is not a formulation with a sole active ingredient
Pages: 2
FaxBack:
11180
5/3/88 Lowrance to Wayland
EPAHQ
products containing small amounts of other chemicals as manufacturing impurities are still
considered to have sole ingredient; no percentage cutoff defines active ingredient; active
ingredient is one that performs function of product; fillers, carriers, propellants are not active
ingredients
Pages: 6
FaxBack:
11348
-------
PART 261 SUBPART D 261.33
Sole Active Ingredient
Page 229
1Z/4/95
5/19/88 Barnes to Fox
APTECH
P and U lists apply to commercial and technical grades of product, and to forumlalions in . p"g": 3
which chemical is sole active ingredient; sole active ingredient means only chemically active
component for the function of the product
2/22/89 Cochran to OTDay
Packard Instrument Co.
product solvent is only CCP HW if chemical on P or U list serves as the product's sole
active ingredient (sole chemically active component for the function of the product)
Pages: 3
FaxBack:
U398
3/14/89 Barnes to McLaughlin
Region VII
formaldehyde and paraformaldehyde added to pesticides to preserve the formulation are not p"g«: 2
considered active ingredients for purposes of P and U lists, even though FIFRA defines them
as an active ingredient, for FIFRA purposes; intent of sole active ingredient provision
2/9/90 Barnes to Johnson
EPAHQ
dinoseb which is the sole active ingredient in a forumulation is P020; formulation in which Pages: 3
both dinoseb and naptalam are active ingredients is not listed ff!!£fclt:
I 1 4o7
6/14/90 Bussard
to Wilson
EPAHQ
diluting or dissolving chemicals in order to make lab standards is not use; lab standards Pages: 4
containing P- or U-listed chemicals that are discarded unused (i.e., excess, exceeded shelf life,
otherwise contaminated) are P- or U-listed HW if only one active ingredient
8/24/95 Bussard to Dolan
Ansel] Perry, Inc.
latex process wastes containing diothiocarbamate (ethyl zimate) are not regulated as U407,
since ethyl zimate is not sole active ingredient
Pages: 3
FaxBack:
11943
-------
PART 261 SUBPART D 261.33
Technical Grade
Page 230
12/4/95
Technical Grade
5/3/88 Lowrance to Wayland
EPAHQ
"technical grade" means all commercial grades of chemical (in some cases may be marketed p'8?s: 6
in various stages of purity); no exact criteria, such as percent purity, to define technical m?g ck:
grade; purity of product will vary from compound to compound
3/20/89 Cannon to Fowler
U.S. Senate
discarded pesticide product dinoseb is regulated as HW if listed on P or U list, or if it
contains a P or U list chemical as the sole active ingredient; dinoseb is listed as U01S
Pages: 2
FaxBack:
11409
6/28/89 Barnes to Wilson
EPAHQ
chemical made in lab instead of purchased from commerical source (due to cost or difficulty Pages: 9
in procuring chemical) is equivalent to CCP and could be P- or U-listed when disposed;
diluting CCP to make lab standard is not "use" and excess diluted CCPs that are not analyzed
can be P-or U-listed
2/9/90 Barnes to Johnson
EPAHQ
formulation in which dinoseb (P020) is the major constituent (95%) is a technical grade
CCP which is listed when discarded unused
Pages: 3
FaxBack:
11489
6/13/90 Lowrance to Richards
Applied Environmental
Technologies Corp.
no regulatory definition for commercially pure grade or technical grade for purposes of P and Pa8es: 4
U listings; CCPs can include any and all grades of purity of a chemical that are marketed or
recognized in general usage by the chemical industry
Used / Unused
3/12/83. Friedman to D'Aloia
Deuel and Associates, inc. P and U listings do not apply to manufacturing process wastes which contain compounds
listed in §261.33, because EPA was unable to establish reliable concentration levels
indicating when such wastes containing P- or U-listed chemicals pose enough of a hazard to
deserve regulation
p»8es: 2
-------
PART 261 SUBPART D 261.33
Used / Unused
Page 231
12/4/95
5/14/85 Corson to Bassell
Gty of Fort Smith
P and U listings apply only to unused CCPs, not to process wastes containing chemicals
listed in §261.33; U122 formaldehyde listing does not apply to waste containing used
formaldehyde or fish contaminated with formaldehyde
Pages: 2
FaxBack:
11076
7/22/85 Skinner to Hathaway
Region VI
pesticide residue left on an aircraft used to apply the pesticide is not a discarded CCP because
it has been used (it has been released into the environment as a result of use) (see also
12/15/92 letter, Lowrance to Rodriguez)
Pages: 2
FaxBack:
11096
12/13/85 Williams to Seraydarian
Region DC
pesticide residue on outside of pesticide applicator aircraft is not a discarded CCP eligible for
P or U listing because it is considered used (it has been released into the environment as a
result of use); pesticide residue remaining in spray tanks has not been used
Pages: 2
FaxBack:
11115-
9/4/86 Straus
to Cherill
Coming Glass Works
P010 listing does not apply to rejected vanadium pentoxide substrates because the vanadium
pentoxide has been used and is not a CCP; discarded materials would only be hazardous if
they exhibit a characteristic
Pages: 2
FaxBack:
11177
9/29/86 Claussen to Wanen
Warren, Goldberg. Herman
and Lubitz
if chlordane (U036) is applied to land during normal pesticide use, listings do not apply to
chlordane-contaminated soil that is excavated, although soil may be regulated as HW if
characteristic
Pages: 1
FaxBack:
11182
12/8/86 Williams to Rambo
National Pest Control
Association, Inc.
ash from the burning of aluminum and/or magnesium phosphide for fumigation would only
be HW if it exhibits a characteristic; P006 listing for discarded CCP aluminum phosphide
does not apply since the product has been used
Pages: 1
FaxBack:
11202
3/11/87 Williams to Rambo
National Pest Control
Association, Inc.
soil contaminated with pesticides during normal pesticide use can't carry P or U listing
Pages: 4
FaxBack:
11228
-------
PART 261 SUBPART D 261.33
Used / Unused
Page 232
12/4/95
4/8/87 Straus to Seller
WA Dept. of Ecology
soil contaminated with certain spilled unused pesticides (2,4,5-T; Simazine; 2,4-D; . p»g": 2
Dicambia; and Bromacil) is regulated as acute HW when excavated because it contains F027; £"£•ck:
if soil contamination is result of pesticide usage, excavated soil is regulated only if it
exhibits characteristic
7/21/88 Lowrance to Turner
Racon Refrigerants
used refrigerant would not meet the listing description in §261,33(e) for
Pages: 4
trichlorofluoromethane (U121) or dichlorodifluoromethane (U075) because it has been used £fw0*'
11/2/88 Dellinger to Stone
GSX Chemical Services
if mercury is contaminated prior to placement in thermometer, mercury is U1S1 when
discarded, but is not SW when destined for reclamation; if mercury is removed from used
thermometer, mercury is only HW if characteristic
Pages: 3
FaxBack:
11378
6/28/89 Barnes
to Wilson
EPAHQ
chemical made in lab instead of purchased from commerical source (due to cost or difficulty Pa8es: 9
in procuring chemical) is equivalent to CCP and could be P- or U-listed when disposed; 1^437"*:-
diluting CCP to make lab standard is not "use" and excess diluted CCPs that are not analyzed
can be P- or U-listed
8/21/89 Barnes
to Mastalerz
GSX Services, inc. P and U listings do not apply to chemicals listed in §261.33 that have been used for
intended purpose; if unused chemical not technical grade or sole active ingredient in
formulation due to contamination, it can still be off-specification species of CCP and P- or
U-listed HW when discarded
Pases: 3
9/28/89 Barnes
to Simon
EPAHQ
off-specification CCP solvent that is discarded because it was contaminated with another
product during packaging is a P- or U-listed waste if solvent is listed in §261.33
Pages: 3
FaxBack:
11471
6/14/90 Bussard
to Wilson
EPAHQ
diluting or dissolving chemicals in order to make lab standards is not use; lab standards Pa8es: 4
containing P- or U-listed chemicals that are discarded unused (i.e., excess, exceeded shelf life,
otherwise contaminated) are P- or U-listed HW if only one active ingredient
-------
PART 261
Used / Unused
SUBPART D 261.33
Page 233
12/4/95
11/2/92 Brandes to Chase
U.S. DepL of Army
if beryllium dust is used in glove box manufacture, beryllium dust residual on boxes after p»8«: 4
production is considered used and not P015; P01S listing does not cover particles created
during normal beryllium machining, unless purpose of machining is to create beryllium dust
CCP
6/8/94 Brandes to Dong
FulCircle Ballast Recycltn diethylhexyl phthalate (DEHP) removed from lamp ballasts is used and is not U028; if Pa8": '
DEHP from ballasts is reclaimed and then spilled or discarded, listing could apply £»|B»ck:
261.33(e>
P-listed Wastes
6/19/81 Friedman to McNeil!
Occidental Chemical Co. P120 listing applies to all oxides of vanadium's +5 oxidation state
Pages: 2
FaxBack:
11016
6/3/86 Williams to Wagoner
Region VH
CCPs listed in §261.33 or exhibiting characteristics that are spilled in warehouse are subject Pa8es: 5
to RCRA Subtitle C regulation unless immediately cleaned up
9/4/86 Straus to Cherill
Coming Glass Works
P010 listing does not apply to rejected vanadium pentoxide substrates because the vanadium Pa8": 2
pentoxide has been used and is not a CCP; discarded materials would only be hazardous if
they exhibit a characteristic
12/8/86 Williams to Rambo
National Peat Control
Association, Inc.
ash from the burning of aluminum and/or magnesium phosphide for fumigation would only
be HW if it exhibits a characteristic; the P006 listing for discarded CCP aluminum
phosphide does not apply since the product has been used
-------
PART 261 SUBPART D 261.33(e)
Page 234
12/4/95
5/3/88 Lowrance to Waylaid
EPAHQ
chlordane product (U036) that contains small amount of heptachlor (POS9 if CCP) has only P»ge»: 6
one active ingredient (chlordane) because heptachlor is a manufacturing impurity in
chlordane; no percentage cutoff to define active ingredient
3/10/89 Barnes to Cothern
U.S. Dept of Air Force beryllium dust and associated wastes from grinding and polishing beryllium that is collected Pa8«: 3
in air filtration equipment would generally not match listing description for CCP beryllium f?j5?clt:
powder(P015)
10/5/89 Josephson to Shashoua
NJDEP
warfarin is common name associated with chemical listed as P001
Pages: 13
FaxBack:
11473
2/9/90 Barnes to Johnson
EPAHQ
P020 dinoseb listing does not include alkanol amine dinoseb (dinoseb salts) because no
dinoseb salts are listed on P or U lists
Pages: 3
FaxBack:
11489
1/29/91 Bussard to Lowrance
EPAHQ
EPA has removed strontium sulfide (P107) from P list of HW at §261.33 and Part 261,
Appendix VIII, list of hazardous constituents
Pages: 1
FaxBack:
11578
4/13/94 Levine to Bussard
EPAHQ
P015 listing applies to product beryllium powder, including dust and fines; the word "dust" Pa8«
was inadvertently deleted from the original listing "beryllium dust" in 1988
1 1 830
261.33m
1 Misted Wastes
-------
PART 261
SUBPART D 261.33(f)
Page 235
12/4/95
7/16/85 Straus to Stinson
R.W. Summers Railroad
Contractor, Inc.
creosote listing (UOS1) does not apply to treated cross ties destined for disposal; cross ties p»«": 2
unlikely to exhibit characteristic (see also §261.24); FIFRA may place controls on their
handling and disposal
2/11/86 Porter to McKinney
U.S. House of
Representatives
creosote-treated wood is probably not HW, as it is not covered by the listings (K001, K035) p«g": 4
and is unlikely to exhibit a characteristic (see also §261.24); FIFRA regulations prohibit the ff?Bgclt:
burning of creosote-treated wood
9/15/86 Straus to Slemmer
SolidTek Systems, Inc.
ignitable discarded paint which contains xylene is not U239 because the xylene in
formulation does not meet CCP definition.
Pages: 2
FaxBack:
11180
2/9/87 Williams to Dietrich
ICF Technology
debris and equipment from production of 2,4-D pesticide is regulated as U240 only if it
contains or is contaminated with discarded CCP formulations of 2,4-D
Pages: IS
FaxBack:
11219
1/14/88 Williams to Sylvestri
Verstr. Inc.
hexachloroethane becomes a HW (U131) when mixed with sand for the purposes of burning Pa8es: 2
in an incinerator trial burn; mixture of sand and U131 carries the U131 waste code via the
mixture rule; ash resulting from burning the mixture is Ul31 via the derived-from rule .
1/20/88 Williams to Gray
Earth Industrial Waste
Management, Inc.
U-listed product residuals flushed from product line results in waste with multiple U listings p"8«: 3
FaxBack:
11321
-------
PART 261
SUBPART D 261.33(f)
Page 236
12/4/95
4/25/88 Barnes to Geary
Bio-Ecological Services,
Inc.
antineoplastic drugs listed in §261.33 that are discarded unused are P- or U-listed HW;.
Pages: 4
listings apply even if drug has been diluted in water or saline (as long as drug is sole active ^"J"ck:
ingredient in formulation)
5/3/88 Lowrance to Wayland
EPAHQ
chlordane product (U036) that contains small amount of heplachlor (P059 if CCP) has only
one active ingredient (chlordane) because heptachlor is a manufacturing impurity in
chlordane; no percentage cutoff to define active ingredient
7/21/88 Lowrance to Turner
Racon Refrigerants
used refrigerant is not listed waste trichlorofluoromethane (U121) or dichlorodifluoromelhanc P»g«: 4
(U075) because it has been used; P and U listings apply to pure and technical grade ck:
chemicals and formulations with a sole active ingredient, but not to used chemicals
10/5/89 Josephson to Shashoua
NJDEP
U036 listing covers ali formulations including chlordane as sole active ingredient (includes Paees: 13
technical and alpha/gamma isomer forms); no CAS number associated with U051 because ^473 ck:
EPA intends to list all forms of creosote; corrections to U126 and U161
4/5/90 Scarberry to Kreider
BASFCoip.
benzene dimethyl (U239, CAS No. 1330-20-7), which is a synomym for xylene, listed for Pa8es: '
ignitability only (typographical error in CFR);53 FR 13382; 4/22/88 added CAS numbers
and chemical synonyms to P and U lists .
11/17/92 Lowrance to Campt
EPA HQ
wool blankets treated with DDT are not SW until discarded; if SW, the DDT-treated blankets p»8«s: 2
are unlikely to exhibit any characteristic of HW, and would not meet any of the listing
descriptions in Part 261, Subpart D; a discarded product contaminated with chemical is not
discarded CCP
10/20/93 Weddte to Bowman
Environmental Dynamic* discarded, unused paint stripper is U080 if methylene chloride is sole active ingredient and
U220 if toluene is sole active ingredient; neither listing would apply if both are present as
active ingredients; evaluation of characteristics necessary for compliance with Pan 268 LDR
requirements
p«g": 8
-------
PART 261
APPENDIX I
Page 237
12/4/95
261 APPENDICES
APPENDIX I REPRESENTATIVE SAMPLING METHODS
7/3/91 Bussaid
to Lund
C7P Utility Services Co.
general guidance for representative sampling of LBP abatement wastes (debris and abrasives)
from drums, roll off boxes, and other containers
Pages: 4
FaxBack:
11624
6/22/95 Petruska to Roberts
Maintenance Engineering
testing only one spent fluorescent tube to determine if all waste lamps generated at a site
exhibit TC is not representative sampling; selection of randomly chosen bulbs would be
more appropriate; Chapter 9 of SW-846 provides guidance on developing representative
sampling plans
Pages: 2
FaxBack:
11907
APPENDIX III CHEMICAL ANALYSIS TEST METHODS
12/4/87 Friedman to Adelsberger
OH EPA
clarification of how to determine holding times for RCRA samples; holding time begins at Pages: 2
time sample is generated; holding times for EP analysis, for volatile organics in groundwater ff5£?clt:
using Method 8010, and for semi-volatile organics in GW using Methods 3510 and 8270
APPENDIX VH BASIS FOR LISTING HAZARDOUS WASTES
-------
PART 261
APPENDIX VII
Page 238
12/4/95
12/13/93 Abrams to Citizen
EPA did not identify in Pan 261, Appendix VII, all hazardous constituents expected to be P»K«: 9
present in listed wastes; explanation of criteria used to determine which constituents should
be included in Appendix VII
APPENDIX VIII HAZARDOUS CONSTITUENTS
4/10/85 Skinner to Rickert
U.S. DepL of Interior
the designation "N.O.S." (not otherwise specified) in Part 261, Appendix VIII, indicates the Pa8es: 2
inclusion of all compounds of that particular class
-------
PART 262
Cogencrators
Page 239
12/4/95
262
GENERATOR STANDARDS
Cogenerators
11/18/80 Dietrich to Cooper
Mobay Chemical Corp.
owner, operator, contractor, and subcontractor are generators and are jointly and severally
liable for complying with generator standards; EPA prefers one party to assume generator
responsibilities
Pages: 5
FaxBack:
11005
5/20/81 Lindsey to Ellis
Catalyit Technology Inc.
on-site contractor removing HW from tanks, vehicles, and vessels qualifies as generator; may Pa8ej: 4
be jointly and severally liable with other cogenerator for compliance with applicable mmCk:
regulations
1/23/85 Homer to Citizen
owner of waste, sample collector, and laboratory may be generator of lab samples; testing to Pa8es: 5
identify the composition or characteristics of a sample is not treatment; waste is excluded
from Subtitle C regulation if it meets sample provisions of §261.4(d)
6/25/85 Skinner to Seraydarian
Region DC
importers subject to generator requirements; transporter and U.S. facility arranging for Pag«= 2
importation would be importers; all parties may be jointly and severally liable for ^?jf,aclt:
compliance with generator requirements; imported waste subject to manifest requirements
7/21/88 Lowrance to Turner
Racon Refrigerants
owner of refrigeration equipment as well as company or individual performing servicing may p"8«: 4
be generator of used refrigerant waste; generator must test waste or apply knowledge to
determine if waste exhibits characteristic (see also §261.4(a)(12)>
-------
PART 262 '
Cogenentors
Page 240
12/4/95
10/11/88 Regas
to Guerry
Collier, Shannon, Rill ind
Scon
under EPA's cogenerator policy, either Navy personnel or contractors meeting definition of p»8«: 3
generator may perform Pan 262 duties including obtaining ID numbers, signing manifest
certification, packaging waste, keeping records, and reporting
12/3/90 Clay
to Hekman
U.S. Ntvy
both contractor generating HW in repair of Navy ship and Navy owning ship are Pa8«: 5
cogenerators; cogenerators must decide who assumes generator responsibilities; cogenerators
operating at same site normally use ID number assigned to that site
3/4/94 Shapiro to Stacker
Shipbuilders Council of
America
presence of ID number on manifest not decisive factor in assessing liability; cogenerators all Pa8«: 2
potentially liable; second ID number can be placed on manifest to designate cogenerators; no ffo?.?ck:
national policy on issuance of ID numbers for waste generated on ships
8/10/95 Petruska to Chirigos
Industrial Painters Coalition during typical LBP abatement, both property owner and contractor may. qualify as generators Pases: 2
responsible for RCRA Subtitle C compliance; cogenerator policy applies to cases other
than those specified in 45 FR 72024; 10/30/80, where waste is generated by more than one
party
Federal Hazardous Waste Generator Notification Policy
4/26/91 Clay
to Waste Management Region l-x
Division Directors
policy on releasing information on TSDF enforcement actions to federal generators; use of Pag«: '3
CERCLA "off-site policy" and the Federal Government Notification System to provide FaxBack:
information; non-federal generators must submit Freedom of Information Act requests
Generation
-------
PART 262
Generation
Page 241
12/4/95
1/23/86 Williams to Stringham
Region V
lake or harbor sediments contaminated by an exempt point source discharge are subject to
RCRA Subtitle C only when excavated or dredged and if they exhibit a characteristic;
sediments contaminated by illegal discharge and excavated could be regulated as listed via
contained-in policy
Pages: 9
FaxBack:
11125
4/6/94 Bussard to DuBoff
Winston and Strawn
one-time removal of wastes from unit inactive prior to effective date of applicable RCRA
rules does not subject unit to Subtitle C, but waste removed from unit is "generated" and
subject to all relevant regulations, including LDR
Pages: 2
FaxBack:
11826
LlabilitY
11/18/80 Dietrich to Cooper
Mobay Chemical Corp. owner, operator, contractor, and subcontractor are generators and are jointly and severally Paga: 5
liable for complying with generator standards; EPA prefers one party to assume generator ffnos Ck
responsibilities
5/20/81 Lindsey to Ellis
Catalyst Technology Inc.
on-site contractor removing HW from tanks, vehicles, and vessels qualifies as generator; may Pages: 4
be jointly and severally liable with other cogenerator for compliance with applicable
regulations
9/17/81 MacMillan to Moran
Client Relations and
Regulatory Affairs
EPA typically does not enforce against generator for mishandling of HW by designated Pa8es: 2
facility; legal action under §7003, other environmental laws, or common laws is possible
6/25/85 Skinner to Seraydarian
Region DC
importers subject to generator requirements; transporter and U.S. facility arranging for Pa«es: 2
importation would be importers; all parties may be jointly and severally liable for uofl **'
compliance with generator requirements; imported waste subject to manifest requirements
-------
PART 262
Liability
Page 242
12/4/95
10/23/85 Porter to Pannicucci
LAN Associates
delisted waste is not subject to RCRA Subtitle C regulation, but generator could still be.
liable under CERCLA for damage to the environment; revocation of delisting decision will
not affect status of previously delisted waste
Pages: 2
FaxBack:
11110
7/3/86 Williams to Lardieri
Scott Paper Co.
the manner in which waste is ultimately managed may greatly affect the potential liability
of generators under CERCLA
Pages: 4
FaxBack:
.11165
7/3/91 Bussard to Lund
C/P Utility Services Co.
if LBP waste initially tests nonhazardous in TCLP due to temporary masking effect of iron
shot, but exhibits characteristic prior to disposal, all HW regulations apply; generator of .
LBP waste may be liable under CERCLA for any damages caused by release of lead into
environment
Pages: 4
FaxBack:
11624
8/30/91 Bussard to TC Rule Contacts Regions l-x
adding iron or other material to LBP removal waste to mask lead (D008) characteristic is not
legitimate and may subject generator to additional liability; whether masking agent is added
to paint removal abrasive or to waste following generation is immaterial
Pages: 6
FaxBack:
11636
3/4/94 Shapiro to StOCker Shipbuilders Council of
America
presence of ID number on manifest not decisive factor in assessing liability; cogenerators all Paees: 2
potentially liable; second ID number can be placed on manifest to designate cogenerators; no FfgB6ack:
national policy on issuance of ID numbers for waste generated on ships
Shins As Generators
2/5/86 Williams to Rotz
U.s. Coast Guard both the ship and port facility may be generator of waste produced in product or raw material
vessel units; ship only would be generator of other wastes (see also RPPC 9441.1986(65)
andFFCA)
Pages: 5
FaxBack:
11128
-------
PART 262
Ships as Generators
Page 243
12/4/ft
3/17/86 Porter to Montgomery
U.S. House of
Representatives
both the ship and port facility may be generator of waste produced in product or raw material p«8": 2
vessel units; ship only would be generator of other wastes (see also RPPC 9441.1986(65) f f??fclt:
andFFCA)
7/30/87 Williams to Feigner
Region X
each ATON unit service area (landbased or tender vehicle) is a point of generation subject to P»B«: 9
applicable generator standards; satellite accumulation area provisions do not apply to ATON
service locations (see also FFCA)
2/25/88 Denit to Wiman
U.S. Coast Guard a generator site may be denned as each vessel where waste is generated; if buoy is brought on Paees: ''
ship to remove ATON battery, the ship can be generation site rather than buoy; ship may
accumulate spent ATON batteries under §262.34 (see also FFCA)
10/11/88 Regas to Guerry
Collier, Shannon. Rill and waste produced at sea is subject to regulation as soon as it is produced unless it is in exempt Pa8«: 3
SaM unit such as product or raw material storage tank, product or raw material tank vehicle or
vessel, or manufacturing process unit (see also FFCA)
2/8/89 Cochran to Cunniff
EPAHQ
all wastes from ships are potentially subject to RCRA Subtitle C; ship is generator of waste p"8es: 3
FaxBack:
11396
3/4/94 Shapiro to Stacker
Shipbuilders Council of no national policy on issuing EPA ID numbers for waste generated on ships
America
Pages: 2
FaxBack:
11816
8/5/94 Shapiro to Donovan
The Law Offices of Jones in absence of permit, HW generated on public vessel may not be stored on-board over 90 p«8«: 13
•nd Donovan days after vessel is placed in reserve or out of service (see also FFCA § 106)
-------
PART 262
Who Is Generator of Treatment Residue
Page 244
12/4/95
Who Is Generator Of Treatment Residue
11/3/80 Chau to Long
Burr-Brown Research Corp. requirements to notify EPA regarding Part 262 is independent of notification requirements Pa8": 3
for Part 270
1/16/86 Straus to Slemmer
Solid Tek Systems, inc. TSDF is generator of treatment residue
Pages: 2
FaxBack:
11122
8/30/91 Lowrance to Kaiser
McHile. Cook & Welch
residues from the treatment of HW could cause a TSDF to be a generator; TSDF may also Pases: '
generate other kinds of waste than those generated as a result of treatment
SUBPART A GENERAL
262.10
Applicability
6/25/85 Skinner to Seraydarian Region DC
importers subject to generator requirements; transporter and U.S. facility arranging for Pa8«: 2
importation are importers; all parties may be jointly and severally liable for compliance with
generator requirements; imported waste subject to manifest requirements
5/16/86 Greenwood to Prentice
Region DC
commercial pesticide applicators who apply and dispose of pesticide for farmers can qualify p«8«: 2
for farmer exemption MISS**'
-------
PART 262 SUBPART A 262.10
Page 245
12/4/95
3/13/91 Lowrance to Zelikson
Region DC
if generator receives return copy of the manifest with the required signatures (generator. . Pag": 2
transporter, TSDF), the generator should be in compliance with RCRA Subtitle C; generator
retains potential liability under CERCLA for future mismanagement
7/3/91 Bussard to Lund
c/P Utility Services Co. bridge repair projects involving LBP removal are subject to HW generator regulations if p»g": 4
paint wastes exhibit TC for lead (D008) neaT*'
262.11
Hazardous Waste Determination
12/26/84 Skinner to Scarbrough
Region IV
generators do not use Appendix VIII in HW determination; wastes containing Appendix VIII
constituents not HW unless listed or characteristic
2/4/86 Straus to Dufficy
National Association of
Photographic
Manufacturers, Inc.
although trade association data indicate photographic Films and papers are not specifically
listed and are unlikely to exhibit any characteristic, each generator must make independent
HW determination
Pages: 2
FaxBack:
11127
4/21/86 Porter to McCloskey
U.S. House of
Representatives
solvent and PCB wastes containing Appendix VIII constituents not HW unless listed or
characteristic; TSCA has authority to regulate handling and dispsoal of PCBs
Pages: 3
FaxBack:
11144
5/20/86 Straus to Guptill
MO Hospital Association generator responsible for making determination even if trade association data suggest waste is p»g«: 2
not hazardous; x-ray film not specifically listed as HW, only hazardous if exhibits a
• • •
criaiBCtcnstic
-------
PART 262
SUBPART A 262.11
Page 246
12/4/95
5/23/86 Straus to Neiderkofler
U.S. Veterans
Administration
based on trade association data, x-ray film does not appear to be hazardous; nonetheless, each p»«es: '
generator is individually responsible for making this determination £«xB«ck:
11 I JO
1/6/87 Straus
to Dufficy
National Association of
Photographic
Manufacturers, Inc.
properly washed photographic silver recovery units (e.g. steel wool cartridges, electrolytic Pages: 12
recovery cells, and ion exchange resins) might not exhibit characteristic; generators remain
responsible for correct HW determination; if recycled, residues may be eligible for reduced
regulation
2/10/88 Williams to Gere
Stonimpex, Inc.
HW determination can be made by testing or applying knowledge of materials and processes
FaxBack:
11323
5/19/88 Barnes to Fox
APTECH
if waste is not listed, the generator must test or apply knowledge to determine if waste
exhibits a characteristic
Pages: 3
FaxBack:
11350
6/6/88 Barnes to Tribble
American Cyanamid Co.
generators of sulfuric acid must make own SW and HW determination and must have
adequate documentation to support any exemption claims
Pages: 9
FaxBack:
11352
7/21/88 Lowrance to Turner
Racon Refrigerants
used refrigerant does not meet HW listing description but generator must test waste or apply P«R": 4
knowledge to determine if waste exhibits characteristic; generators may cautiously use ck:
knowledge of similar operations at different facilities to characterize waste (see also
§261.4(aX12))
8/11/88 Lowrance to McGuire
U.S. DepL of Tieasuiy
Bureau of Alcohol, Tobacco, and Firearms (BATF) transport of explosives to safe areas for P«g": 4
destruction exempt from RCRA Subtitle C requirements if an immediate response;
emergency permits are available for activities that do not constitute an immediate response
-------
PART 262 SUBPART A 262.11
Page 247
12/4/95
10/27/88 Lowrance to Greenberg
Browning-Ferris industries if generator improperly characterizes waste, TSDF should advise generator to correct error on Pa8es: 3
manifest or should reject shipment; generator and TSDF potentially liable for improperly
analyzing and managing HW
4/18/89 Lowrance to Brown
EPAHQ
if waste does not match listing descriptions, generator is responsible for determining whether
waste exhibits any characteristic •
6/26/89 Cannon to Simon
Rl Division of Family Health if contaminated soil is removed from a site, generator must determine if soil contains HW by Pa8es: 3
testing and/or applying knowledge; in absence of specific cleanup order, soil left in place is.
not subject to RCRA Subtitle C requirements, including testing
3/22/90 Barnes to Jamison
Micron Diagnostics. Inc. although data may indicate waste is not hazardous, each generator is responsible for
evaluating waste and making a HW determination
Pages: 2
FaxBack:
11501
5/23/90 Lowrance to Bergeson
Fox, Weinberg. and Bennett generator must determine when a battery is a spent material or reusable; generator regulations Pa8es: 3
applicable to spent batteries if hazardous
7/19/90 Lowrance to Lugar
U.S. Senate
generator of used utility poles removed from ground must determine if poles exhibit a
characteristic of HW
Pages: 2
FaxBack:
11543
7/31/90 Bussard to MacMillan
National Solid Wastes Section 262.11 requires generators of SW to determine characteristic waste codes applicable p»«": '3
Management Association to g\\ wastes, whether or not those wastes already qualify as h'sted HW (pp. 7-8) n 545 ck:
-------
PART 262
SUBPART A 262.11
Page 248
12/4/95
8/14/90 McBride
to Leonard
National Environmental
Testing. Inc.
generators should assume waste is hazardous in absence of useable lab data (SUPERCEDED: Pages: 3
see 3/25/91 letter, from McBride to Leonard) »ck:
9/20/90 Lowrance to Huber
Petroleum Marketers
Association of America
EPA does not determine whether a particular waste exhibits a characteristic; HW
determination for UO is the responsibility of the generator (see also Part 279)
Pages: 2
FaxBack:
.11563
11/8/90 Hansen to Coleman
OH EPA
TCLP inappropriate for use with certain matrices, such as oils and neat solvents, because Pages: 2
dilution step shifts detection limit above regulatory levels; in these cases, generator must ff <«?ck:
assume waste is hazardous (see also 3/25/91 letter, McBride to Leonard); TCLP must be used
to obtain extract
2/5/91 Hansen to Coleman
OH EPA
clarification of 11/8/90, letter from Hansen to Coleman; generator may always apply
Pages: 5
knowledge in determining if waste is HW; if no information is available except inconclusive f f,?« ck:
TCLP data, prudent for generator to assume waste is hazardous; no need to perform TCLP on
used oil destined for recycling
3/25/91 McBride to Leonard
National Environmental
Testing, Inc.
TCLP difficult to use on wastes such as oils and neat solvents, because dilution step shifts , Pa8«: 5
detection limit above TC levels; generator should apply knowledge in such cases; if no
information is available, prudent to handle as HW (clarifies 8/14/90 letter from McBride to
Leonard)
4/16/91 Lowrance to Oberg
United Marketing generator can apply knowledge instead of testing when making HW determination for oil p»8«: 2
International, inc. filters; generators must be correct in their determinations when applying knowledge (see also ff J5?clt:
§261.4(b)(13))
5/1/91 Lowrance to Maes
Blue Beacon international, generators may test or apply knowledge to make HW determination; generators may limit
I™- testing to constituents likely to be present in waste
Pages: 4
FaxBack:
11603
-------
PART 262 SUBPART A 262.11
Page 249
12/4/95
5/21/91 Lowrance to Commanding Officer US. Navy
mandatory waste determination should be based on knowledge when application of TCLP .to ?**"' 2
discarded munitions would result inherently unsafe situation due to particle reduction step;
exemption from TCLP is unwarranted because generators can apply their knowledge
7/3/91 Bussard to Lund
C/P utility Services Co. generators conducting LBP abatement must test wastes using TCLP unless they can apply Pa8«: 4
knowledge to determine characteristics; if LBP waste first tests nonhazardous in TCLP due to f f J?fck:
masking effect of iron abrasive, but exhibits characteristic prior to disposal, all HW
regulations apply
9/14/92 Bussard to Salinas
Border Trading, Inc.
generator must perform HW determination for waste that will be exported; all TSDFs
handling HW that will be exported must have proper permits under RCRA Subtitle C
Pages: 1
FaxBack:
116%
11/10/92 Lowrance to Burke
Rode and Qualey generator is responsible for determining regulatory status of spent photoconductor drums
removed from photocopying machines
Pages: 2
FaxBack:
11710
10/20/93 Weddte to Bowman
Environmental Dynamics generators must determine whether or not any listed waste also exhibits a hazardous
characteristic for purposes of compliance with the Part 268 LDR requirements
Pages: 8
FaxBack:
11787
4/12/94 Bussard to Clements
ZEP Manufacturing Co. generator may apply knowledge for HW determination on nationwide basis only if all
processes and materials are identical at each location
Pages: 3
FaxBack:
11829
4/18/94 Petruska to Preheim
Mineral Bureau, Inc.
importer must make HW determination on a shipment by shipment basis; generator retains p«8«: '
burden of proof when claiming material is not SW or is conditionally exempt from f Jjj"ck:
. —11832
regulation
-------
PART 262 SUBPART A 262.11
Page 250
12/4/95
5/9/94 Bussard to Mauro
U.S. Navy
HW determination is not necessary for steel Oxygen Breathing Apparatus (OBA) canisters p»g«: l7
recycled as scrap metal f?5?/ck:
11835
6/22/95 Petruska to Roberts
Maintenance Engineering any person generating SW is responsible for determining whether their wastestream (e.g.,
waste fluorescent lamps) exhibits a characteristic and is hazardous
Pages: 2
FaxBack:
11907
8/22/95 Petruska to Kuszaj
Ogletree. Keakins, Nash,
Smoak & Stewart
two autonomous divisions of same company operating on individual generation site are not Pa8«: 2
separate generators; EPA expects each generator site to have one ID number; requests for .
multiple ID numbers for one generation site are evaluated on case-by-case basis by region or
state
262.12
Identification Numbers
8/3/83 Daneker to Kawatachi
Region V
EPA ID numbers are site-specific, not owner-specific; generator or TSDF at a new location pa§es: 7
obtains a new EPA ID number for the new site; multiple corporations at same site can have f fiSfck:
different EPA ID numbers; lessor of federal property on a federal site may obtain separate
EPA ID number
11/17/86 Straus
to Slemmer
SolidTek Systems, Inc.
generator must list all individual HW codes that are generated when completing notification Pag": 3
form 8700-12 m%ck:
8/11/88 Lowrance to McGuire
U.S. Dept of Treasury
generators under RCRA are defined both by person and by site; each Bureau of Alcohol, p"ge»:
Tobacco, and Firearms (BATF) field office or storage locker area where explosive material f "!*,tck:
becomes a waste is an individual generation site requiring its own EPA ID number
11363
-------
PART 262
SUBPART A 262.12
Page 251
12/4/95
8/15/89 Barnes
to Bider
Tnuii World Airlines, inc. Region or state ultimately decides how many EPA ID numbers apply to particular facility; pw: 2
EPA generally issues one number to each unique site; on site" definition may help in mis"*1
deciding how many ID numbers to assign (see also 9/83 MRQ)
9/20/90 Lowrance to Huber
Petroleum Marketers
Association of America
SQG of new TC wastes were required to notify EPA by 11/2/90; SQG were granted an
additional three months to comply with TC Rule due to inconsistencies in the rule
Pages: 2
FaxBack:
11563
12/3/90 Clay
to Hekman
U.S. Navy
EPA normally assigns only one EPA ID number per individual site; Navy port would Pag«: 5
normally receive one ID number used by all contractors generating HW at site; Regions and.
authorized states can make own determinations on assigning ID number to such port
facilities
11/4/94 Shapiro to Johnson
U.S. House of
Representatives
university facilities on separate city blocks or divided by public roads are individual Pages: 2
generation sites requiring separate EPA ID numbers and manifests for exchange of HW; if f f gSfck:
access between facilities is possible without traveling along public road, only one EPA ID
number is needed
SUBPART B THE MANIFEST
262.20
General Requirements
12/15/83 Barley to Citizen
generator may use services of outside firms to aid in preparing manifests; generator must
assure that information on manifests is correct; generator is ultimately responsible for the
preparation of the form
Pages: 1
FaxBack:
11030
9/8/86 Williams to Cooper
Printing Industries of
America
printer shipping hazardous rags and wipers to an industrial laundry may qualify for the
manifest exemption under §262.20(e) provided that printer is a SQG and all conditions of
exemption are met (see also 2/14/94 letter, Shapiro to Regions)
Pages: 2
FaxBack:
11178
-------
PART 262
SUBPART B 262.20
Page 252
12/4/95
11/28/86 Williams to Crabtree
Motor Vehicle no requirement for an "authorized representative" to sign manifest certification; person Pag«: 4
Manufacturers Association signing the manifest certification should have direct knowledge of the information listed on f • ?B»ck:
the manifest
2/24/87 Williams to Sparta
Environmental Technology facilities with exempt WWTUs usually do not qualify as designated facilities and cannot Pages: 2
Southeast accept manifested off-site waste; POTW with permit-by-rule is designated facility; designated
facility means permitted, interim status, or subject to regulations of §261.6(c)(2)
4/30/87 Barley to Zak
ILEPA
manifest instructions require generators to use continuation sheets when more than two Pages: i
transporters are used or if more space is needed for DOT description information; states may
require use of additional manifests rather than continuation sheets
11/3/87 Williams to Coleman
The New" Photogene Corp. manifest document numbers are unique five digit numbers assigned to the manifest by the Pages: 2
generator; the number may be entirely numeric or alphanumeric mm"*
6/16/89 Straus
to Lodick
North Coast Associates, inc. spent abrasives from sandblasting used as an ingredient in Portland cement are subject to HW Pages: 2
regulation if characteristic, including manifesting ck:
7/13/89 Lowrance to Regions I-X
Regions I-X
manifest is not required to have a burden box statement
Pages: 3
FaxBack:
11443
3/13/91 Lowrance to Zelikson
Region DC
if generator receives return copy of the manifest with the required signatures (generator,
transporter, TSDF), the generator shouts be in compliance with RCRA Subtitle C ;
generator retains potential liability under CERCLA for future mismanagement
Pages: 2
FaxBack:
11589
-------
PART 262 SUBPART B 262.20
Page 253
12/4/95
7/3/91 Bussard to Lund
c/P Utility Services Co.
shipments of LBP abatement HW from field site (bridge repair) to central accumulation point P*?"' 4
must generally be accompanied by manifest; central accumulation point must be a transfer
facility or TSDF to accept manifested HW
7/26/91 Lowrance to Engel
U.s. PoDution Control generator responsible for designating second transporter when HW is transferred from rail to Pa8«: 2
highway; generator responsible for knowing who is transporting HW
8/20/92 Lowrance to Hofman-Haynie Southdawn, inc.
no comprehensive national policy for handling partial or complete rejection of HW
shipments
Pages: 2
FaxBack:
11686'
8/11/93 Browner to Dingell
U.S. House of
Representatives
pursuant to Combustion Strategy, EPA examining its authority to enforce generator and
TSDF waste minimization and certification requirements
Pages: 10
FaxBack:
11764
7/18/94 Shapiro to St. John
BKK Landfill
waste minimization and certification requirements apply to landfill which generates and has
RCRA Subtitle C treatment permit for F039 leachate; no exemption from waste
minimization certification for facilities generating remedial waste
Pages: 2
FaxBack:
11855
9/28/94 Shapiro to Prior
UidUw Environmental manifest continuation sheets should cany same manifest number found on first page of
Services (North E»st). he. manifest; certain states no longer use continuation sheets.
Pages: 6
FaxBack:
11877
262.23
Us* Of Th«> Manifest
-------
PART 262
SUBPART B 262.23
Page 254
12/4/95
7/11/85 Skinner to Saulsman
The Boeing Co.
employees signing the manifest may sign on behalf of their company; preprinting the
phrase "on behalf of..." under the signature line on the manifest is allowed; individual
signing the manifest and company responsible for veracity of certification statement
Pages: 1
FaxBack:
11090
10/17/85 Williams to Deaver
Tektronix, Inc.
employees signing the manifest may sign on behalf of their company; preprinting the
phrase "on behalf of..." under the signature line on the manifest is allowed; additional
information about the signature may be included in Item 15
Pages: 3
FaxBack:
11108
11/17/86 Straus to Slemimer
SolidTek Systems, inc. generator not required to list waste codes on the manifest; states might require waste codes
Pages: 3
FaxBack:
11196
11/28/86 Williams to Crabtree
Motor Vehicle no requirement for an "authorized representative" to sign manifest certification; person Pa8es: 4
Manufacturers Association signing the manifest certification should have direct knowledge of the information listed on Ff
the manifest
8/19/87 Williams to Manthey
sw incorporation optional boxes on manifest left blank for use by states; EPA does not require waste code on Pa«e»: 3
manifest; each waste in a waste mixture must be described on manifest Ff5B,ack:
112ol
8/31/87 Lowrance to Gingold
Envirosure
EPA does not require listing HW codes on the manifest; DOT requires descriptions of each Pagej: 6
waste on the manifest Ff;J??clt:
11284
-------
PART 262
SUBPART B 262.23
Page 255
12/4/95
10/11/88 Regas to Gueny
Collier, shannon. Rai and contractor may sign manifest certification on behalf of generator such as U.S. Navy if . Pages: 3
8000 properly authorized; contractor and generator should establish means to ensure contractor is
properly authorized to sign on generator's behalf
11/17/89 Barnes to Simon
EPAHQ
federal regulations do not require generators to place waste codes on the manifest
Pages: 1
FaxBack:
11480
6/14/90 Bussard to Wilson
EPAHQ
federal regulations do not require inclusion of HW codes on manifest, although state
regulations can; if waste is both listed and exhibits characteristic, waste must carry all
applicable codes for purposes of LDR and incompatible waste regulations
Pages: 4
FaxBack:
11523
7/31/90 Bussard to MacMillan
National Solid Wastes under federal regulations, only DOT waste descriptions required on manifest; EPA waste
Management Association codes need hot be included on manifest (p. 1)
Pages: 13
FaxBack:
11545
12/3/90 Clay
to Hekman
U.S. Navy
in typical cogeneration situations (e.g.. Navy ports), all parties shipping HW from same site Pa§«: 5
use same EPA ID number on manifests; generator such as Navy may assign "internal"
tracking numbers to manifests in Box 15 to identify contractor involved in creating each
shipment of HW
7/26/91 Lowrance to Engel
U.S. Pollution Control
generator responsible for designating second transporter when HW is transferred from rail to Pa8es: 2
highway; generator responsible for knowing who is transporting HW
10/17/91 Bussard to HW Management Regions l-x
Division Directors
manifest with 9/30/91 expiration date may be used through 9/30/92; cross out printed 1991 p»8«: 3
expiration date and replace with new 1992 expiration date
-------
PART 262
SUBPART B 262.23
Page 256
12/4/95
4/29/93 Lowrance to Citizen
EPA does not require generators to list HW codes or complete Section J on the manifest; P»B«: 2
obtain manifest from receiving state; if receiving state doesn't supply manifest, obtain from
originating state; if neither supply manifest, obtain from any source
7/15/93 Lowrance to Devaney
EPAHQ
Memorandum of Understanding between EPA and U.S. Customs; importers or transporters p»g": 2
are under no obligation to submit manifests at borders of U.S. . mf-?ck:
10/20/93 Weddte to Bowman
Environmental Dynamics DOT shipping descriptions are required for each HW listed on manifest; generator must Pag«: 8
designate all transporters that will transport HW; waste codes on manifest not required under. *"|*?k:
Federal law; use continuation sheet if more space is needed to enter required information
3/22/94 Shapiro to Ouellette
Canadian National Railways rail shipments of HW need not be accompanied by manifest; generator of waste transported Pa8es: 3
solely by rail forwards copies of manifest directly to designated facility
8/9/94 Bussard to Winwood
U.S. Custom! Service manifesting procedures for HW imports and exports passing U.S. Customs; Customs
Service collects manifest from exporter and transmits to EPA
Pages: 2
FaxBack:
11863
9/14/95 Petruska to Berry
Goodwin. Procter, and Hoar manifest discrepancy regulations do not apply to waste which loses the characteristic of f*w- 2
corrosivity during transit; manifest discrepancy regulation was intended to cover situations Fa$?o clt:
where a quantity of waste is unaccounted for
SUBPART C PRE-TRANSPORT REQUIREMENTS
262.30
Packanina
-------
PART 262 SUBPART C 262.30
Page 257
12/4/95
11/17/87 Williams to Smith
Bums and Levinson no requirement to list a drum's previous contents; generators must only comply with DOT Pl8«: °
packaging, labeling, marking, and placarding requirements mm ck:
262.31
Labeling
1/10/84 Weddfe to Staab
Baltimore County Delegation container labels must be durable; typed or written labels must not smear
Pages:'2
FaxBack:
11031
11/17/87 Williams to Smith
Bums and Levinson no requirement to list a drum's previous contents; generators must only comply with DOT Pages: 6
packaging, labeling, marking, and placarding requirements
262.32
Marking
11/17/87 Williams to Smith
Bums and Levinson no requirement to list a drum's previous contents; generators must only comply with DOT P»B": 6
packaging, labeling, marking, and placarding requirements
262.34
Armtnnlfltinn Tim*
-------
PART 262 SUBPART C 262.34
Page 258
12/4/95
3/12/85 Straus to Katona
Occidenui Chemical Corp. generators may accumulate dioxin-containing HW on site for less than 90 days without a
permit or interim status; generator accumulation provisions can apply whether or hot a
permit is necessary for other parts of a facility's operation
Pages: 4
FaxBack:
11062
4/1/85 Gray to Munger
Hawaiian Hectric Co., Inc. tank holding but not treating HW prior to off-site transfer is not WWTU but could be
generator accumulation unit exempt from permitting
Pages: 4
FaxBack:
11066
7/10/85 Skinner to Suska
Baltimore City Health Dept generators who store spent activated charcoal that is HW on site must comply with §262.34 Pa8": 3
accumulation time limits or obtain RCRA Subtitle C permit
1/6/86 Straus to Robbins
Kohler Co.
generator storage of spent materials (foundry sands) prior to shipment off site for reclamation Pages: 2
is subject to §262.34 n i?9*ck:
2/25/86 Williams to Volz
McKenni, Conner and
Cuneo
if a sump storing HW prior to neutralization is not part of WWTU or other exempt unit, the Pa8«: 3
sump is subject to §262.34 or Parts 264/265 f. «?• ck:
III 34
6/17/86 Williams to Seraydarian Region DC
detailed discussion of EPA policy allowing generators to treat HW in accumulation tanks or p*g": 3
containers without obtaining a permit or interim status ff?B,*ck:
11163
-------
PART 262
SUBPART C 262.34
Page 259
12/4/95
8/28/86 Williams to Zellmer
WIDNR
solvent evaporation during generator accumulation in a container is not within the §262.34 Pa8«: 3
permitting exemption because one of the conditions for the exemption is that containers
remain closed except when adding or removing waste per §265.173(a) (see also Part 264/265,
Subpart CC)
9/25/86 Williams to Stringham
Region V
a facility which generates a HW and ships the waste to a POTW for treatment must comply Pa8es: 2
with all applicable accumulation and transportation requirements, including the manifest f??B,ack:
J 1151
12/2/86 Straus
to Hayes
Hogan and Hanson
reclamation of spent solvents at generator facilities is HW treatment, but is exempt from
regulation under §261.6(c); spent solvents are subject to regulation prior to reclamation;
generators managing spent solvents under §262.34 prior to reclamation are not subject to
permitting
Pages: 3
FaxBack:
11200
12/22/86 Williams to Barber
KYDEP
generators can treat HW in accumulation tanks or containers without a permit, provided
treatment is performed strictly in accordance with §262.34
Pages: 3
FaxBack:
11207
12/22/86 Williams to Lamm
IN Dept. of Environmental generators can treat HW in accumulation tanks or containers without a permit, provided
Management treatment performed strictly in accordance with §262.34
Pages: 3
FaxBack:
11209
3/25/87 Williams to Allford
NL Induitries, inc. generator meeting the requirements of §262.34 need not obtain a RCRA Subtitle C permit
to conduct treatment in tank systems
Pages: 3
FaxBack:
11231
7/1/87 Williams to Cox
AL Dept of Environmental generators can treat in accumulation tanks or containers without a permit provided treatment p»8": 9
Management occurs in units complying with Subparts I or J of 265; open burning in drums or tanks is
not allowed under §262.34
-------
PART 262
SUBPART C 262.34
Page 260
12/4/95
7/14/87 Williams to Wtisberg
MCW, Inc.. Consulting
Engineers .
generator can treat in accumulation tanks or containers in compliance with §262.34 without ?*&"'• 8
a permit or interim status; a company may market treatment equipment to generators ck:
without a permit or EPA approval, EPA only regulates persons who manage HW
7/30/87 Williams to Feigner
Region X
each Aids to Navigation (ATOM) unit service area (landbased or tender vehicle) is a point of p»8«: 9
generation subject to applicable generator standards; satellite accumulation area provisions do f?5?/?clc:
not apply to ATON service locations (see also FFCA)
9/2/87 Williams to Hutchinson
University of ID
different accumulation times for acute and non-acute HW at same generator facility
Pages: 1
FaxBack:
11288
12/10/87 Williams to Citizen
generators may accumulate HW under §262.34 without a permit or interim status; containers Pages: 4
and tanks are subject to standards designed to prevent releases to GW; EPA may take
enforcement action under §3008(a) and §7003 to stop discharges and to cleanup
contamination
12/15/87 Williams to Greaves
EPAHQ
generators accumulating HW under §262.34 are exempt from permitting requirements
whether or not treatment is conducted; thermal treatment (OB/OD) is not allowed under
§262.34; thermal treatment is subject to Part 265, Subpart P
Pages: 4
FaxBack:
11310
1/13/88 Williams to Young
Atlantic Research Corp.
satellite accumulation areas not subject to permitting, interim status, or the requirements for p»8«: 2
generator storage under §262.34(a)
2/25/88 Denit
to Wiman
u.s. Coast Guard a generator site may be defined as each vessel where waste is generated; if buoy is brought on P«g«: ''
ship to remove ATON battery, the ship can be generation site rather than buoy; ship may
accumulate spent ATON batteries under §262.34 (see also FFCA)
-------
PART 262
SUBPART C 262.34
Page 261,
12/4/95
7/29/88 Barnes
to Colon
Western Frier Laboratories, CKD mixed with liquid corrosive waste is considered treatment; no permit required for Pages: 2
hc- treatment performed in generator accumulation tanks subject to Parts 264 or 265 Subparts I
or J or §262.34.
11358
8/11/88 Lowrance to McGuire
U.S. Dept- of Treasury
storage of waste explosives at Bureau of Alcohol, Tobacco, and Firearms (BATF) facilities
not subject to permitting if accumulation time does not exceed 90 days and other generator
accumulation requirements satisfied
Pages: 4
FaxBack:
11363
4/18/89 Lowrance to Boyd
Sidley and Austin accumulation time for still bottoms begins when they are removed from recycling unit for
spent solvents recycled in generator on site distillation unit; still bottoms subject to all
applicable §262.34 generator accumulation regulations
Pages: 2
FaxBack:
11420 '
4/19/89 Dellinger to Pendleton
K.A. Pendleton Co.. Inc.
stabilizing F006 compounds prior to thermal drying is HW treatment; permit not needed if
unit is exempt under §270.1(c)(2) or if treatment occurs in generator accumulation units
complying with §262.34; permit is required if thermal treatment of HW is involved
Pages: 1
FaxBack:
11422
4/21/89 Lowrance to Axtell
Smith and Schnacke
generator accumulation time period and regulations apply as soon as waste is produced or
when waste is removed from satellite accumulation area, not when test results confirm
whether waste is hazardous or not
Pages: 2
FaxBack:
11424
4/24/89 Lowrance to HW Management Regions l-X
Division Directors
general discussion of LQG and SQG accumulation regulations; also discussion of
environmental problems found at generator accumulation areas
Pages: 18
FaxBack:
11425
5/9/89 Lowrance to D'Aloia
Denel and Associates, inc. LQGs and SQGs must comply with all applicable contingency plan, emergency procedures, p'g": 3
and personnel training requirements under §262.34; relationship of generator training
requirements to OSHA training
-------
PART 262 SUBPART C 262.34
Page 262
12/4/95
2/9/90 Barnes to Johnson
EPAHQ
generators may store and treat HW in tanks for 90 days without obtaining a permit
Pages: 3
FaxBack:
11489
8/15/90 Lowrance to Hopkins
ORDEQ
generator accumulation time limit starts when waste first enters storage container
Pages: 4
FaxBack:
11551
4/16/91 Lowrance to Di Salvo
Radiation Service
Organization
petition to allow generators of mixed radioactive and HW to treat on site without obtaining a Pa8es: 2
permit might be unnecessary; some types of treatment are allowable during the §262.34 .
accumulation period so long as applicable management standards are met
5/21/91 Lowrance to Nowak
Compacting Technologies
International
compacting HW in steel drum is generally treatment if changes physical, chemical,
biological character or composition of waste or reduction in volume; compacting in
generator accumulation containers would not require permit
Pages: 2
FaxBack:
11609
7/3/91 Bussard to Lund
C/P Utility Services Co.
LBP abatement wastes that are characteristic for lead may be stabilized on site during
accumulation in tanks or containers without permit; however, addition of iron shot to
abrasive to temporarily mask lead characteristic of LBP waste is not legitimate
Pages: 4
FaxBack:
11624
9/20/91 Lowrance to McCarley
U.S. Defense Logistics
Agency
both LQGs and SQGs can treat in accumulation tanks or containers without a permit if the p«g": 2
treatment in compliance with §262.34 generator accumulation requirements Ff?B.ack:
11641
7/1/92 Lowrance to Bozek
Edison Electric Institute
generators may treat contaminated soils from manufactured gas plant (MGP) remediation to p«g«: 2
remove characteristic in §262.34 accumulation units without permit; decharacterized HW FaxBack:
may then be sent off site for burning as nonhazardous waste
-------
PART 262 SUBPART C 262.34
Page 263
12/4/95
7/21/92 Bussard to Citizen
generators may conduct treatment of oil in accumulation tanks or containers without a . ?*&"' 5
permit or interim status provided that the units conform to standards in Pan 265, Subparts I
or J and §262.34
11/5/92 Lowrance to Northup
Convenient Automotive UO and mineral spirits mixture is UO if mixture is not ignitable; tank in which UO and Pa«es: 2
Services. Inc. ignitable HW are mixed is subject to Part 279 and §262.34; tank must be labeled with words
"used oil"; mixing may be treatment (see also 60 FR 55202; 10/30/95)
11708
4/26/93 Lowrance
to Waste Management Regions l-ix
Division Directors
manufactured gas plant (MGP) wastes not listed but can be characteristic; since MGP wastes Pag«: 3
are "newly identified" and not subject to LDR or dilution rules, MGP HW may be
decharacterized in generator's §262.34 units without permit and sent off site for burning as
nonhazardous
10/7/93 Denit
to Citizen
generator personnel training requirements; personnel must have training in proper waste
handling and emergency procedures for waste at facility; personnel training applies when
wastes are moved from satellite accumulation areas to a §262.34 generator accumulation
areas
Pages: 2
FaxBack:
11779
10/20/93 Weddte
to Bowman
Environmental Dynamics containers used for accumulating HW must be labeled and marked clearly in a manner that
avoids any confusion
Pages: 8
FaxBack:
11787
11/1/93 Weddte to Ware
Ogletree, Deakins. Nash.
Srnoak and Stewart
transfer of waste to different tanks or containers does not effect §262.34 generator Pa8": 2
accumulations unit treatment exemption; although treatment may render waste nonhazardous,
LDR may still apply
5/9/94 Bussard to Mauro
VS. Navy
generators of spent Oxygen Breathing Appartus (OB A) that are HW may accumulate OB A on Pa8": 17
site without a permit for 90 days or less provided they comply with §262.34
-------
PART 262 SUBPART C 262.34
Page 264
12/4/95
10/17/94 Shapiro to HW Management Regions I-X
Division Directors
fuel blending is not exempt from regulations or permitting, unless done in generator
accumulation tank or container; no permit exemption for thermal treatment units under
§262.34
Pages: 6
FaxBack:
11881
262.34fcV
Satellite Accumulation
1/13/88 Williams to Young
Atlantic Research Corp. satellite accumulation areas not subject to permitting, interim status, or the requirements for Paees: 2
generator storage under §262.34(a)
10/27/88 Lowrance to Duprey
Region VIH
contingency plans and personnel training not required for satellite accumulation areas
Pages: 1
FaxBack:
11373
11/2/88 Lowrance to Taritas
Environmental Technology generator in compliance with §262.34 is exempt from permitting for HW treatment or Pages: 3
COT- storage; §262.34 permitting exemption not relevant to WWTUs that are already exempt from
permitting (see also 2/95 MftQ); accumulation time begins at moment waste first enters
unit
™
4/21/89 Lowrance to Axtell
Smith and Schnacke
generator accumulation time period and regulations apply when waste is produced or when Pages: 2
waste is removed from satellite accumulation area, even in absence of test results confirming f fj?.80*1
whether waste is hazardous or not
7/13/89 Lowrance to Ullrich
Region V
portable roll-off boxes meet §260.10 definition of container and may be used for satellite Pa8ej: 2
accumulation as long as quantity limits, time limits, and other conditions of §262.34(c) are
met; any device meeting the definition of container may be used for satellite accumulation
-------
PART 262 SUBPART C 262.34(c)
8/2/89 Lowrance to Kiik Fehr-Graham and 55-gallon limit applies to the total of all non-acutely HW in a satellite accumulation area; P>ges: 2
FaxBa
11452
Associates no ijmjt ^ to(aj number of satellite accumulation areas at a facility; no specific size of FaxBack:
containers required for satellite accumulation
2/23/93 Lowrance to Redington Monsanto Co. clarification of phrases "at or near point of generation" and "under control of operator. . ." Pages: 3
FaxBack:
U728
2/10/94 Shapiro to Dolce GZA-AET wastes in satellite accumulation areas must be included in the generator monthly waste Pases: 2
quantity determination
SUBPART D RECORDKEEPING AND REPORTING
262.41
Biennial Report
11/28/86 Williams to Crabtree Motor Vehicle generator biennial report certification allows the generator or his authorized representative to Pas": 4
------ FaxBa '
11199
Manufacturers Association certify to accuracy and completeness Of report FaxBack:
4/29/93 Lowrance to Citizen contentof biennial report not contingent on waste information on manifest, but on HW Pages: 2
generated by the reporter during the reporting year m?i"*:
SUBPART E EXPORTS OF HAZARDOUS WASTE
-------
PART 262 SUBPART E
Page 266
12/4/95
6/16/89 Straus to Lodkk
North Coast Associates, inc. spent abrasives from sandblasting used as an ingredient in Portland cement are subject to HW Pa8«: 2
regulation if characteristic, including manifesting and export notification
1/29/91 Denit to Citizen
1990 export data regarding the received notifications of intent to export
Pages: 1
FaxBack:
11577
2/5/91 Lowrance to Linson
IN Dept. of Environmental Part 266, Subpart F, precious metals that are exported for reclamation must comply with
Management export requirements; export requirements apply to wastes that require a manifest
Pa8es: 2
4/23/91 Lowrance to Levy
Region I
LDR notification applies to exports of HW
Pages: 1
FaxBack:
11600
12/10/91 Bussard to Whalen
Hamama Alloys Corp. overview of requirements related to HW export, including State Department, Customs, and Pae«: 2
bilateral agreement requirements vfj«ck:
llOJo
5/4/92 Lowrance to Seeger
Morgan, Lewis, and Boduus treatability study samples that are exported qualify for exemption from export requirements; Pages: 3
member countries of Basel Convention may prohibit transboundary movement of treatability
samples; foreign lab does not need EPA ID number
-------
PART 262 SUBPART E
Page 267
12/4/95
9/14/92 Bussard to Salinas
Border Trading. Inc.
generator must do HW determination for waste that will be exported; all TSDFs handling
HW that will be exported must have proper RCRA Subtitle C permits
Pages: 1
FaxBack:
11696
11/10/92 Lowrance to Burke
Rode and Qualey-
only wastes that qualify as hazardous are subject to Part 262 export regulations
Pages: 2
FaxBack:
U710
1/28/93 Bussard to Citizen
HW export facts; summary of export regulations
Pages: 2
FaxBack:
11722 '
1/28/93 Lowrance to Ross
Sanyo Energy Corp.
HW is subject to RCRA within U.S. borders; HW imported to U.S. from Mexico for Pag«= 2
shipment to Japan must comply with RCRA requirements the moment it enters U.S.; HW
passing through U.S. must comply with both import and export requirements
3/23/93 Lowrance to Jones
Environmental Consulting characteristic sludge exported for reclamation not subject to export regulations because sludge Pages: t
is not SW; §262.53(a)(vi) refers to HW exported for recycling operations
7/15/93 Lowrance to Devaney
EPAHQ
Memorandum of Understanding between EPA and U.S. Customs; importers or transporters Pa8es: 2
are under no obligation to submit manifests at borders of U.S.
5/16/94 Petruska to Andrews
Industrial and Agricultural nickel-containing catalysts not exhibiting a characteristic may be imported for recovery p"g«: 2
Chemicals, inc. because not HW; Basel Convention and bilateral agreement applicability .
-------
PART 262 SUBPART E
Page 268
12/4/95
8/5/94 Shapiro to Donovan
The Law Offices of Jonei purchasers of ships to be scrapped and sold abroad must determine if and when export rules ?*&»-. 13
•nd Donovan ^j otner environmental regulations apply ffjSfck:
11862
8/9/94 Bussard to Winwood
u.s. Customs Service manifesting procedures for HW imports and exports passing U.S. Customs; U.S. Customs P»g«: 2
Service collects manifest from exporter and transmits to EPA f f 52fck:
1J oo3
8/9/94 Bussard to Honohan
BFI Medical Waste Systems. MW not regulated under RCRA unless characteristic or listed; notification and consent for P»g«: l
Inc- import or export not required for MW under RCRA unless characteristic or listed
11/28/94 Bussard to Stratford
U.S. Dept of State Basel Convention currently prohibits movement of hazardous or mixed waste between U.S. Pages: 3
and any nation party to Convention, unless agreement between countries exists; Basel
Convention restrictions extend to wastes destined for certain types of recycling
2/17/95 Petruska to Lassner
Investment Recovery
Manager
EPA ID number not required for vessel once waste shipment is outside US jurisdiction
Pages: 1
FaxBack:
11894
SUBPART F IMPORTS OF HAZARDOUS WASTE
6/25/85 Skinner to Seraydarian Region DC
importers subject to generator requirements, transporter and U.S. facility arranging for P«g": 2
importation would be importers; imported waste fully subject to all applicable manifest
requirements even where importer and TSDF are the same facility
11085
-------
PART 262
SUBPART F
Page 269
12/4/95
4/27/89 Straus to Hideout
Dangerous Goodi
Consultants
lab samples shipped from Canada are exempt from Subtitle C, including import
requirements, per §261.4(d)
Pages: 2
FuBack:
11428
12/5/91 Bussard to Citizen
imports of HW and SW is not prohibited under Federal regulations; wastes are "goods in
commerce" protected under the commerce clauses in the Constitution
Pages: 2
FaxBack:
U657
1/28/93 Lowrance to Ross
Sanyo Energy Coip. HW is subject to RCRA within U.S. borders; HW imported to U.S. from Mexico for P"g«: 2
shipment to Japan must comply with RCRA Subtitle C requirements the moment it enters
U.S.; HW passing through U.S. must comply with both import and export requirements
7/15/93 Lowrance to Devaney
EPAHQ
Memorandum of Understanding between EPA and U.S. Customs; importers or transporters Pages: 2
are under no obligation to submit manifests at borders of U.S. mf? °k:
3/22/94 Shapiro to Ouellete
Canadian National Railways RCRA Subtitle C regulations can only apply to U.S. parties; U.S. importer, importer's
agent, transporter may all be "generators"; all generators are jointly and severally liable for
compliance with generator requirements
5/16/94 Petruska to Andrews
Industrial and Agricultural nickel-containing .catalysts not exhibiting a characteristic may be imported for recovery
Chemicals, inc. because not HW; Basel Convention and bilateral agreement applicability
Pages: 2
FaxBack:
11836
7/8/94 Bussard to Morishita
Environmental Agency importer of waste responsible for HW determination and generator duties; importer could be Pa8«: 2
(JiP«n) waste broker, transporter, or destination TSDF
-------
PART 262
SUBPART F
Page 270
12/4/95
8/9/94 Bussard to Winwood
U.S. Customs Service
manifesting procedures for HW imports and exports passing U.S. Customs; U.S. Customs Pl«es: 2
Service collects manifest from exporter and transmits to EPA ff5§?ck:
11863
8/9/94 Bussard to Honohan
BFI Medical Waste Systems MW not regulated under RCRA unless characteristic or listed; notification and consent for
import or export not required for MW under RCRA unless characteristic or listed
9/12/94 Petruska to Andrews
Industrial and Agricultural no regulatory restrictions on imports not meeting U.S. definition of HW, provided exporting Pages: 4
Chemicals, inc. nation also does not consider material hazardous; Basel Convention prohibits HW trade
between parties and non-parties, unless separate agreement exists
11/28/94 Bussard to Stratford
U.S. Dept. of State Basel Convention currently prohibits movement of hazardous or mixed waste between U.S. Pa8es: 3
and any nation party to Convention, unless agreement between countries exists; Basel
Convention restrictions extend to wastes destined for certain types of recycling
SUBPART G FARMERS
9/16/81 Friedman to Sato
Region DC
commercial applicator may mix, apply, rinse, and dispose of pesticide on farmer property if p»g«: 2
follows pesticide label instructions; farmer exemption not applicable to pesticide shipped off ?f£?.ack:
site for disposal or for on-site disposal of other farmer pesticides
5/16/86 Greenwood to Prentice
Region DC
commercial pesticide applicators who apply and dispose of pesticide for farmers can qualify p"8": 2
for farmer exemption; all pesticide residues must be disposed on the farm where used;
generaldisposal instructions on pesticide label satisfy §262.51 requirements
-------
PART 262 APPENDIX
Page 271
12/4/95
262 APPENDICES
APPENDIX THE MANIFEST
6/26/84 Baricy to Hilsenbeck
MODNR
manifest form modifications by individual states
friges: 2
FaxBack:
11037
4/30/87 Bartey to Zak
ILEPA
manifest instructions require generators to use continuation sheets when more than two Pages: i
transporters are used or if more space is needed for DOT description information; states may
require use of additional manifests rather than continuation sheets
7/13/89 Lowrance to Regions I-X Regions I-X
manifest is not required to have a burden box statement on manifest
Pages: 3
FaxBack:
11443
6/7/90 Lowrance to Duprey
Region VTE
manifested waste must not inappropriately be delayed to fill transportation vehicle; Pa8es; 2
manifested waste may temporarily stored at transfer facilities for less than 10 days during the
normal course of transportation
-------
PART 263 SUBPART A 263.10
Page 272
12/4/95
263
SUBPART A
263.10
TRANSPORTERS
GENERAL
Scope
6/25/85 Skinner to Seraydarian
Region DC
importers subject to generator requirements, transporter and U.S. facility arranging for
importation would be importers; imported waste subject to all applicable manifest
requirements even where importer and TSDF are the same facility
Images: 2
FaxBack:
11085
4/30/86 Williams to Seraydarian
Region DC
since §260.10 definition of transportation does not include pipeline transport, Part 263 Pa8es: 3
regulations do not apply to pipeline movement of HW; pipeline transport of HW is not **?Jack:
prohibited by RCRA; CERCLA and RCRA cleanup authorities may apply to HW pipeline
facilities
9/25/86 Williams to Stringham
Region V
a facility which generates a HW and ships the waste to a POTW for treatment must comply
with all applicable accumulation and transportation requirements, including the manifest
Pages: 2
FaxBack:
11181
2/22/88 Denit
to Bobel
Region DC
in cases where the transporter mixes wastes of different DOT shipping descriptions, the
transporter must assume generator responsibilities
Pages: 6
FaxBack:
11327
12/9/88 Lowrance to Trigger
curie. Klein and Beaumont EPA allows time for off-loading waste into recycling process without obtaining a storage
permit; specific timeframe determined by the appropriate Region or state office
Pages: 2
FaxBack:
11386
-------
PART 263
SUBPART A 263.10
Page 273
12/4/95
3/20/89 Cannon to Fowler
VS. Senate
Congress clearly intended RCRA Subtitle C to cover transportation of HW; waste
management system is a "cradle-to-grave" system
Page*: 2
FaxBack:
11409
3/1/90 Lowrance to Jaekels
CSX Government Services, bulking or consolidating HW shipments for transportation purposes may not be treatment Pa8«: 2
Inc- subject to permitting; mixing different HW to produce fuel is regulated fuel blending subject
to permitting; implementing agency ultimately decides if activity is or is not regulated HW
treatment
6/7/90 Lowrance to Duprey
Region VIH
manifested waste must not inappropriately be delayed to fill transportation vehicle; Pa8«: 2
manifested waste may temporarily stored at transfer facilities for less than 10 days during the
normal course of transportation
263.11
Identification Numbers
8/3/83 Daneker to Kawatachi
Region V
transporter company is assigned one EPA ID number for all trucks and trucking locations Pages: 7
FaxBack:
11028
10/30/90 Lowrance to Ullrich
Region V
EPA identification number assigned to transportation company as a whole; all company Pases: 4
trucks assigned same ID number
2/17/95 Petruska to Lassner
Investment Recovery EPA ID number not required for vessel once waste shipment is outside U.S. jurisdiction p»g«:'
Manager • FaxBack:
11894
263.12
Transfer Facilities
-------
PART 263
SUBPART A 263.12
Page 274
12/4/95
8/13/84 Weddfe to Hohman
Region I
recycling facilities cannot qualify as transfer facilities
Pages: 3
FaxBack:
11040
2/25/88 Denit to Wirnan
U.S. Coast Guard shore facility accepting spent ATON batteries from ships servicing buoys may qualify as Pa8«: n
transfer facility n329Ck:
8/31/88 Lowrance to Svanda
MN Pollution Control
Agency
recycling facility cannot be transfer facility if recycling facility is designated on the manifest Pae«: 4
as the receiving facility Ff:lfcck:
113co
6/7/90 Lowrance to Duprey
Region Vffl
manifested waste must not inappropriately be delayed to Fill transportation vehicle; Paees: 2
manifested waste may be temporarily stored at transfer facilities for less than 10 days during
the normal course of transportation
10/30/90 Lowrance to Ullrich
Region V
transporters may consolidate shipments of HW at transfer facilities; must re-manifest
consolidated waste to original generator's designated facility; permitted or interim status
facility can be transfer facility if not already designated facility
Pages: 4
FaxBack:
11567
6/21/94 Petruska to Igli
Chemical Waste
Management
regulations do not specifically prohibit use of multiple transfer facilities during normal Pa8cs: 4
course of transportation; to be considered normal course, transportation should be completed Fa*Back:
in a timely manner, generator must receive signed copies of manifests within specified time ''846
periods
-------
PART 263 SUBPART A 263.12
Page 275
12/4/95
10/17/94 Shapiro to HW Management Regions l-x
Division Directors
fuel blending at transfer facility is considered treatment and requires a permit
Pages: 6
FaxBack:
11881
SUBPART B THE MANIFEST AND RECORDKEEPING
263.20
The Manifest System
7/13/89 Lowrance to Regions 1-X Regions l-x
manifest no longer required to have a burden box statement
Pages: 3
FaxBack:
.11443
10/30/90 Lowrance to Ullrich
Region V
waste is in the custody of last transporter to sign manifest until a signature from the
designated facility or the next transporter is obtained
Pages: 4
FaxBack:
11567
7/26/91 Lowrance to Engel
U.S. Pollution Control
generator is responsible for designating second transporter when HW is transferred from rail Pages: 2
to highway; generator is responsible for knowing who is transporting HW
10/17/91 Bussard to HW Management Regions l-x
Division Directors
manifest with 9/30/91 expiration date may be used through 9/30/92; cross out printed 1991 Pa«es: 3
expiration date and replace with new 1992 expiration date
12/13/94 Shapiro to Dickhut
Chemical Wine consideration of Definition of Solid Waste Task Force issues concerning hazardous recyclable p»8es: 2
Transportation institute materials manifest F*Jmck:
* 11oyu
-------
PART 263
SUBPART B 263.20
Page 276
12/4/95
9/14/95 Petniska to Beny
Goodwin. Procter, and Hoar manifest discrepancy regulations do not apply to waste which loses the characteristic of . ?•&* 2
corrosivity during transit; manifest discrepancy regulation was intended to cover situations Ffo?g ck:
where a quantity of WE. ;te is unaccounted for
263.21
Compliance With The Manifest
10/30/90 Lowrance to Ullrich
Region V
last transporter to sign manifest retains custody of HW until next transporter or designated Paees: 4
facility signs; transporter mixing HW of different DOT descriptions must comply with Part Ff 5^7 ck:
262, remanifest HW to facility designated by original generator, and indicate new
composition
7/26/91 Lowrance to Engel
U.S. Pollution Control
generator responsible for designating second transporter when HW is transferred from rail to Pages: 2
highway; generator responsible for knowing who is transporting HW
SUBPART C HAZARDOUS WASTE DISCHARGES
263.30
Immediate Action
10/30/90 Lowrance to Ullrich
Region V
transfer facilities subject to Part 263, Subpart C, requirements for HW discharges
Pages: 4
FaxBack:
11567
263.31
Clean Jin
-------
PART 263 SUBPART C 263.31
10/30/90 Lowrance to Ullrich Region v transfer facilities subject to Part 263, Subpart C, requirements for HW discharges p«g«: 4
FuBick:
11567
-------
PART 264 / 265 SUBPART A 264.1 / 265.1
Page 278
12/4/95
264 / 265 STANDARDS FOR PERMITTED / INTERIM STATUS FACILITIES
SUBPARTA GENERAL
264.1 / 265.1
Applicability
7/28/81 Lehman to Johnson
Oil-Dri Corp. of America
use of absorbents for spill control not regulated as treatment due to §264.1(g)(8) immediate
response exemption; use of absorbents to solidify HW in other contexts is regulated
treatment (SUPERCEDED: see §264.1(g)(10))
Pages: 2
FaxBack:
11019
8/17/83 Skinner to Devine
Region IV
if HW placed in land-based units prior to 11/19/80 is being."stored" (i.e., it will be managed Pa8es: 2
at some point in the future), facility is subject to interim status; if HW was placed in units ^f™01^
prior to 11/19/80 for final disposal, facility never subject to RCRA Subtitle C
2/25/86 Williams to Volz
McKenna, Conner and
Cuneo
sumps that meet definition of tank can be exempt WWTUs; if sump storing HW prior to
neutralization is not pan of WWTU or other exempt unit, sump is subject to §262.34 or
Parts 264/265*. surface impoundments holding HW are not WWTUs and are regulated
Pages: 3
FaxBack:
11134
8/11/88 Lowrance to McGuire
U.S. Dept of Treasury
Bureau of Alcohol, Tobacco, and Firearms (B ATF) transport of explosives to safe areas for
destruction exempt from RCRA Subtitle C requirements if an immediate response;
emergency permits are available for activities that do not constitute an immediate response
Pages: 4
FaxBack:
11363
9/19/88 Carra
to Hazardous Waste
Branch Chiefs
Regions I-X
law enforcement agents (BATF) transporting and detonating bombs and other reactive wastes Pa«es: 4
may be exempt from RCRA Subtitle C regulation if action is immediate response per
§264.1(g)(8); if not an immediate response, emergency permit may be required per §270.61
-------
PART 264 / 265 SUBPART A 264.1 / 265.1
Page 279
12/4/95
5/31/91 Lowrance to Waste Management Regions l-x
Division Directors
incidental drippage after removal of treated wood from drip pad is not illegal HW disposal. p»«es:
provided owner and/or operator responds immediately; immediate response determination
site-specific; facility must have a contingency plan, must keep records of response
264.13 / 265.13
Waste Analysis
7/31/90 Bussard to MacMillan
National Solid Wastes owner and/or operator must conduct periodic analysis of representative samples of all wastes Pa«": 13
Management Association handled at TSDFs; general waste analysis parameters and frequency of testing are determined
on site-specific basis (pp. 2-3)
SUBPART E MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
9/14/95 Petruska to Berry
Goodwin, Procter, and Hoar manifest discrepancy regulations do not apply to waste which loses the characteristic of Paees: 2
corrosivity during transit; manifest discrepancy regulation was intended to cover situations
where a quantity of waste is unaccounted for
SUBPART F GROUNDWATER MONITORING
12/1/81 Lehman to Smith
.Dunes and Moore initial background mean and variance samples obtained from upgradient wells only during Pa8«: 2
first year; after first year, indicator parameters from all wells, both upgradient and
downgradient, are compared with initial background mean
-------
PART 264 / 265 SUBPART G
Page 280
12/4/95
SUBPART G CLOSURE
12/22/80 Dietrich to Sullivan
Ford, Farquhar. Komblut & EPA has no specific form for certification of closure by an engineer; guidance document
o
-------
PART 264 / 265 SUBPART G
Page 281
12/4/95
5/28/93 Lowrance to Garcia
MM Environment Dept
due to differences in timing of closure plan submittal, interim status facilities must identify Pa8": 2
specific destination of closure wastes, while permitted facilities need only identify the type of
unit to which their wastes resulting from closure will be sent
6/4/93 Lowrance ' to Bernstein
Waste Management, inc. clarification of independent registered professional engineer for closure certification; engineer Pa8es: 2
employed by a subsidiary may be able to certify parent company's closure if certain mfick:
conditions are met; definition of majority-owned subsidiary
SUBPART I CONTAINERS
4/16/91 Wehling to Golian
EPAHQ
a drum is not in itself a RCRA Subtitle C unit; drums and the land on which drums are Paees: 2
placed may constitute a container storage area msrcck:
6/30/95 McAlister to Hopper
Brown A Davis, Inc.
bare concrete can serve as container storage pad to comply with secondary containment; no paB«: 2
regulatory definition of sufficiently impervious; secondary containment regulations are °k:
performance standards that allow for the use of materials other than concrete or asphalt
SUBPART J TANK SYSTEMS
10/17/94 Shapiro
to HW Management
Division Directors
Region! I-X
fuel blending tanks are subject to Subpart J standards
Pages: 6
FaxBack:
11881
-------
PART 264 / 265 SUBPART K
Page 282
1Z/4/95
SUBPART K SURFACE IMPOUNDMENTS
6/30/95 McAlisler to Hopper
Brown & Davis, Inc.
bare concrete not sufficiently impervious to be primary containment in continuous contact Pae«: 2
with waste (e.g., in surface impoundments or waste piles); concrete could serve as secondary
containment for container storage area
SUBPART N LANDFILLS
11/13/84 Cassidy to Shuster
EPAHQ
statutory ban on disposal of bulk liquids in HW landfills does not prohibit disposal of liquids Pa8es: 2
after proper chemical stabilization FfA?-?ck:
11U4 *
10/12/93 Fordham to Schrader
Millstps CoUege
no wastes, whether sorbed or not, may be placed in HW landfill if they release free liquids as paBes: 3
determined by the PFT; PFT not designed to evaluate performance of one absorbent relative
to other sorbents
11/17/93 Weddte to Adamoli
Tucon, Inc.
liquids in landfills prohibition applies only to HW landfills; liquids that have been sorbed Pa§«: 3
with biodegradable sorbents are prohibited from direct placement in a HW landfill; sorbents
used to clean up non-listed waste are hazardous only by characteristic
SUBPART O INCINERATORS
-------
PART 264 / 265 SUBPART O
Page 283
12/4/95
11/13/84 Thomas to Russell
EPAHQ
Office of Water proposed incineration-at-sea regulations potentially conflict with RCRA
Subtitle C incinerator rules
Pages: I
FaxBack:
11045 .
7/10/85 Skinner to Suska
Baltimore City Health DepL
spent charcoal regeneration unit that meets the definition of incinerator is required to obtain a Pages: 3
Supbart O incinerator permit; if the unit does not meet the definition of incinerator, the unit ffi£gck:
is exempt from regulation (see also Part 266, Subpart H)
4/21/88 Lowrance to Sinibaldi
Standard Chlorine of DE.
Inc.
burning waste for any purpose in an incinerator is waste destruction subject to Subpart O
incinerator standards; any materials or energy recovery that occurs is considered ancillary to
the function of the unit
Pages: 22
FaxBack:
11342
2/27/89 Lowrance
to HW Division
Directors
Regions I-X
omnibus authority (§3005(c)(3)) can be used to control emissions (metals, HCL, PICs) from Pa8«: 2
incinerators prior to promulgation of modified Subpart O regulations; establishment of moo ck:
interim controls for facilities that have already conducted trial burns or have approved trial
bum plans
9/22/92 Lowrance
to Waste Management Regions i-x
Division Directors
no specific DRE for dioxin and furans; 99.9999% DRE demonstrated on POHCs more
difficult to incinerate than dioxin and furans; spiking POHCs at high concentrations in trial
bum waste is standard practice; EPA to use PIC approach from BIF rule as guidance for
incinerators
Pages: 4
FaxBack:
11699
7/2/93 Lowrance to Cohen
U.S. Senile
EPA requires incinerators burning dioxin and PCBs to operate at 99.9999% DRE;
incineration of other wastes requires 99.99% DRE; EPA conducts conservative, site-specific
risk assessments for individual combustion facilities
Pages: 2
FaxBack:
11755
-------
PART 264 / 265 SUBPART O
Page 284
12/4/95
8/11/93 Browner to Dingell
U.S. House of
Representatives
Combustion Strategy will not impact incinerators at CERCLA sites or ability of interim
status units to continue burning HW; summary of risk assessment guidance; EPA
examining its authority to enforce generator and TSDF waste minimization and certification
requirements
p«8": 10
10/29/93 Chanania to Fortuna
Hazardous Waste
Treatment Council
permit writers will consider Subpart O standards for permitting thermal desorption units
under Subpart X
Pages: 2
FaxBack:
11790
12/27/93 Shapiro to Simon
Region II
criteria for legitimate precious metal recovery; furnaces legitimately recovering precious Pages: 4
metals fall within Part 266, Subpart F exemption and are not subject to Subpart O . ffg{Jf?k:
incinerator regulations and most BIF rules, except for one-time notification and certification,
sampling, and analysis
9/19/94 McAlister to Steger
ID Dept. of Health and
Welfare
demilitarization and munitions popping furnaces are incinerators; controlled flame
Pages: 2
combustion units are by definition BIFs or incinerators; any process involving burning in an Ffg5?ck:
incinerator is regulated under Subpart O even if some energy recovery or material recovery
occurs
3/8/95 Shapiro to Richter
American Foundrymen's
Society
thermal reclamation of foundry sand using controlled flame to destroy organics in sand is
HW incineration subject to Part 264 or 265, Subpart O
Pages: 10
FaxBack:
11900
SUBPART S CORRECTIVE ACTION FOR SWMUS
7/10/85 Skinner to Suska
Baltimore City Health Dept MSWLF suspected of containing HW is subject to CA if facility on which landfill is located Pa«es: 3
requires permit, has interim status, or should have had interim status; closed MSWLF still
subject to CERCLA
-------
PART 264 / 265 SUBPART S
Page 285
12/4/95
11/13/86 Williams to Tobin
Region IV
collected GW contaminated with listed HW may be treated at interim status facility subject
to{3008(h) order; EPA examining whether permits should be required for CA
Pages: 2
FaxBack:
11195
1/25/88 Williams to Greaves
EPAHQ
§3004(u) CA authority applies to releases of wastes normally exempt from HW regulations
under §3001(b)(3) (Bevill) exclusion; §3004(u) applies to releases from pre-RCRA inactive
units; units holding product are not SWMUs unless routine and systematic releases occur
Pages: 4
FaxBack:
41322
7/11/90 Clay
to Wassersug and
Mulkey
Region ID
RCRA CA can be used at CERCLA NPL sites; §3008(h) actions at NPL sites need not
comply with NCP remedy selection requirements; relationship between RCRA corrective
action and CERCLA NPL deletion and deferral; CERCLA five-year review at RCRA CA
sites
Pages: 3
FaxBack:
11540'
10/25/91 Lowrance to HW Management
Division Directors
Regions I-X
RCRA stabilization strategy; RCRA stabilization initiative; interim measures encouraged
for addressing imminent risks, stabilizing sources, and preventing spread of contamination;
includes interim measures selection decision tree and stabilization strategy questionnaire
Pages: 16
FaxBack:
11648
5/4/92 Lowrance to Smith
Region IQ
RCRA stabilization strategy; RCRA stabilization initiative; goals of stabilization
evaluation; interim measures can happen at any time in CA process; interim measures are
tools to achieve stabilization; sites first evaluated for stabilization after RCRA facility
assessment
Pages: 3
FaxBack:
11668
8/31/92 Lowrance to Waste Management
Division Directors
Regions I-X
use of the proposed C AMU concept before CAMU rule is finalized (fact sheet attached);
CAMU is derived from the CERCLA AOC concept
Pages: 5
FaxBack:
11692
5/4/93 Lowrance to MacMillan
Institute of Chemical Waste
Management
as-generated HW cannot be managed in CAMUs, only remediation waste can be managed in
a CAMU; definition of remediation waste; dumping of as-generated waste to make it
remediation waste is illegal; CAMUs designated by EPA or state
Pages: 3
FaxBack:
11746
-------
PART 264 / 265 SUBPART S
Page 286
12/4/95
4/6/94 Bussard to DuBoff
Winston and Stnwn
units inactive prior to effective date of applicable RCRA rules not subject to Subtitle C Pages: 2
unless wastes actively managed within unit; one-time removal of waste from such units not ffo?lfck:
active management; units may still be subject to RCRA cleanup authority as SWMUs or
under§7003
SUBPART W DRIP PADS
5/31/91 Lowrance to Waste Management Regions l-x
Division. Directors
incidental drippage after removal of treated wood from drip pad is not illegal HW disposal
provided owner and/or operator responds immediately; immediate response determination
site-specific; facility must have a contingency plan, must keep records of response
Pages: 1
FaxBack:
11612
SUBPART X / P MISCELLANEOUS UNITS / THERMAL TREATMENT UNITS
7/22/87 Williams to Feigner
Region X
open burning of HW in unlined pits (except for detonation of waste explosives) is
Pages: 3
prohibited; open burning of commercial fuels in fire training exercise is use of product, not f ?355?ck:
. «., 11267
HW management
9/19/88 Carra
to Hazardous Waste
Branch Chiefs
Regions I-X
open burning of HW (other than explosives) prohibited; detonation of munitions (ordnance, Pases: 4
bombs, bullets, etc.) at firing range and burning off-spec fuel for fire exercise not regulated
OB/OD; emergency detonation of bombs by law enforcement officials may be exempt
immediate response
10/29/93 Chanania to Fortuna
Hazardous Waste Subpart X standards not inadequate for permitting of thermal desorption units; permit writers p»g«: 2
Treatment Council would look to Subpart O standards for permitting thermal desorption units as miscellaneous F«*Back:
units 1179°
-------
PART 264 / 265 SUBPART AA
Page 287
12/4/95
SUBPART AA AIR EMISSION STANDARDS FOR PROCESS VENTS
10/17/94 Shapiro to HW Management Regions I-X
Division Directors
fuel blenders often subject to air emission standards under Subparts AA and BB (see also 59 p*&" 6
FR 62896; 12/6/94)
SUBPART BB AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
12/23/93 Lowrance to King
Safety-Kleen
for Subpart BB recordkeeping, "connectors" include only flanged fillings; screwed unions, Pa8es: 2
quick disconnect hose fittings, and strainer housings that have a flange-type top are not ngo2Ck:
subject to BB reporting and recordkeeping, but still must be inspected and monitored for
leaks
10/17/94 Shapiro to HW Management Regions I-X
Division Directors
fuel blenders often subject to air emission standards under Subparts AA and BB (see also 59 p"8": 6
FR 62896; 12/6/94)
SUBPART DD CONTAINMENT BUILDINGS
-------
PART 264 / 265 SUB PART DD
Page 288
12/4/95
10/20/92 Otte
to Bryant
Weinberg, Bergeson, A
Neunun
limits on height to which HW may be piled in a containment building apply only to true
containment walls, not "crowd walls" or stalls inside containment building; HW may be
piled to height exceeding height of "crowd walls" or stalls inside containment buildings
Pages: 2
FaxBack:
11702
-------
PART 266
SUBPART C
Page 289
12/4/95
266 HAZARDOUS WASTE RECYCLING
SUBPART C RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL
6/6/85 Skinner to Regions
Regioni I-X
HSWA ban on use of HW and characteristic UO for dust suppression (exception for ignitable ?»&*•• 3
only wastes); prohibition applies to HW whether or not it is part of a mixture;
decharacterized wastes not subject to ban (see also Part 279)
6/6/85 Straus
to Bzura
Madison Industries, Inc.
oxides separated from brass dross skimmings must be manifested to fertilizer company; Pa8«: 3
fertilizer company and processor must obtain RCRA Subtitle C storage permits for the oxide ?f5B,ack:
, 'IlUoJ
material
11/14/85 Claussen to Wyatt
Leggeti and Plan, Inc.
waste pickle liquor (K062) destined for use as ingredient in fertilizer is used in a manner Pa8es: 3
constituting disposal; fertilizer product derived from K062 regulated under Part 266, Subpart F»*Back:
C; if produced for general public's use, product is exempt from regulation under §266.20(b)
11/25/85 Straus
to Mahoney
Bridgeport Brass Corp.
characteristic sludge (zinc oxide dust) processed to produce an ingredient (zinc sulfate) used in Pa8e': 2
a fertilizer is subject to Part 266, Subpart C since the sludge will be incorporated into a ck:
product that is placed on the land; sludge subject to generator, transporter, and storage
regulations
1/22/86 Straus
to Andrews
industrial and Agricultural materials that will be incorporated into products used on land are S W and potentially HW; Pa8es: 2
Chemicals, inc. corrosive spent copper sulfate bath used in fertilizer is S W and HW; fertilizer product derived F"B*ck:
from characteristic HW not regulated after characteristic removed (amended by §266.20(b))
11124
-------
PART 266 SUBPART C
Page 290
12/4/95
8/21/86 Straus
to Meyers
The Fertilizer Institute
once K061-derived zinc fertilizer is produced for the general public's use, it is exempt from Pl8ej: 3
regulation; K061-derived zinc fertilizer must be handled in a manner commensurate with
comparable fertilizer products
8/21/86 Straus
to Meyers
The Fertilizer Institute
zinc fertilizer made with HW ingredients does not become commercial fertilizer until it is Pages: 3
reacted with sulfuric acid, granulated, and sized; until then the material is not yet commercial F??5fck:
fertilizer produced for the general public's use and is subject to regulation
9/11/86 Williams to Schauble
Frit industries, Inc. zinc micronutrient fertilizers that contain K061 are exempt provided they are produced for the Pa8es: 12
general public's use and provided the K061 -derived fertilizer is handled in a manner Fa»Back:
commensurate with comparable fertilizer products; definition of zinc micronutrient fertilizer
3/31/87 Straus
to Miner
Region V
use constituting disposal regulations only apply to wastes or waste-derived materials that are Pa§es: 3
placed on the land as products; wastes that are stored or treated in land-based units (e.g.,
surface impoundments) are not regulated under these provisions
9/3/87 Straus
to Taylor
Region VI
definition of commercial fertilizer; §266.20(b) exemption applies to fertilizer products that Pages: 2
contain HW; HW placed directly on the ground does not qualify for this exemption
1/11/88 Williams to Citizen
dust control product that is not a HW or not mixed with a HW is not subject to the ban on p»8e»: 2
dust suppressants
6/15/88 Barnes
to Yaori
Sumitomo Corp. of America slag material from the reclamation of K061 that .is used as aggregate in sub-base course or p"g«: >'
sand material is a SW and HW subject to full regulation unless material has undergone a mfJ**'
chemical reaction so that the HW is inseparable by physical means
-------
PART 266 SUBPART C
Page 291
12/4/95
11/28/88 Cochran to Norman
Industrial Safety and Health spent battery acid and sulfates from lead acid battery reclamation that are used as ingredients p*B": 9
Consultants, inc. jn fertilizer are subject to Part 266, Subpart C; once a fertilizer is produced for the general
public's use and it meets Part 268 LDR treatment standards, it is no longer subject to
regulation
2/7/89 Lowrance to Gallaher
Allied Aircraft Sales. Inc. aluminum dross that exhibits characteristic of HW is subject to Part 266, Subpart C when p»g« 4
used in the manufacture of cement until the product is formed, if cement will be placed on f f
the land; HW-derived products that are placed on the land must meet LDR treatment standards '
3/27/89 Dellinger to Jones
Environmental Consulting if product destined for placement on land includes characteristic sludges as ingredient, product Pases: 2
is subject to Subtitle C regulation until it no longer exhibits characteristics (see also
§268.9)
4/26/89 Lowrance
to HW Management
Division Directors
Regions I-X
products containing F006 that are destined for placement on land (e.g., F006 used as
ingredient in cement or aggregate) are regulated until §266.20(b) is satisfied; legitimate
products containing F006 that are not destined for placement on land are not SW; sham
recycling criteria
Pages: 5
FaxBack:
11426
6/16/89 Straus
to Lodick
North Coast Associates, inc. spent abrasives from sandblasting used as an ingredient in Portland cement are subject to HW Pa£es: 2
regulation if characteristic, including manifesting and export notification ^
2/13/90 Lowrance to Duprey
Region VEQ
K061 used as ingredient of cement is a SW and subject to Part 266, Subpart C, because EPA P«B«: 13
considers cement to be a product that is typically applied to the land (this presumption is f*49i>ck:
rebuttable); legitimacy of K061 as an ingredient must be demonstrated
8/13/90 Lowrance to Citizen
restrictions on use of UO as dust suppressant (see also Part 279)
Pages: 1
FaxBack:
11549
-------
PART 266 SUBPART C
Page 292
12/4/95
12/21/90 Bussard to Bouse
Pacific Basin Resources
K048-KOS2 filter cake used as ingredient in cement is a S W and HW because it is used to
produce a product that is applied to the land; sham recycling discussion
Pages: 3
FaxBack:
11573
6/20/91 Lowrance to Hohman
Region I
asphalt containing listed or TC petroleum-contaminated soils as an ingredient is subject to Pag«: 6
Part 266, Subpart C (unless CCP is normally used as an ingredient); product remains subject f f£B,?ck:
to HW regulation (a de facto ban on the product's use) unless it meets the terms of
§266.20(b)
6/21/91 Bussard to Young
Whiieman. Osterman, and baghouse dust used as an ingredient in a product placed on the land (e.g., aggregate) is a SW; Pages: 5
Hann» product must meet LDR treatment standards; indigenous principle (SUPERCEDED: see
§266.100); no requirements for legitimate waste-derived products not placed on the land
10/11/91 Lowrance to Bates
AR Dept of Pollution
Control and Ecology
D008 baghouse dust used in fertilizer production is SW used in a manner constituting
Pages: 8
disposal; fertilizer produced for the general public's use that meets LDR treatment standards f f J^fck:
is no longer subject to regulation
10/11/91 Lowrance to Kaul
NY DEC
D008 baghouse dust used in fertilizer production is SW used in a manner constituting
Pages: 4
disposal; fertilizer produced for the general public's use that meets LDR treatment standards ffj?,?ck:
is no longer subject to regulation
8/6/92 Bussard to Bromm
EPAHQ
HW-derived fertilizer must be a legitimate product and meet LDR treatment standards;
exemption from LDR treatment standards for K061-derived zinc fertilizers produced for the
general public's use
Pages: 2
FaxBack:
11683
8/11/92 Denit to Guinyard
Region VI
cement produced from burning off-gases in cement kiln is not waste-derived product; cement p»««: 5
produced from treated soil that no longer contains HW is not a waste-derived product; for fief? ck:
purposes of §266.20(b), EPA may test clinker, rather than product (i.e., cement)
-------
PART 266 SUBPART C
Page 293
12/4/95
9/9/93 Denit to Muno
Region V
drip gas from a natural gas pipeline used as a solvent to remove paraffin buildup may be a Pl8": 2
HW used in a manner constituting disposal if it is a by-product rather than a legitimate
product; criteria for determining if the material is a waste or a product
10/17/94 Shapiro to HW Management Regions l-x
Division Directors
cement or light-weight aggregate kiln produced by a Bevill device that burns both HW and p»8«: 6
Bevill wastes may be exempt from LDR treatment standards when used in a manner
constituting disposal if residues pass the significantly affected test in §266.112
11/8/94 Shapiro to Kotlinski
CleanHarbon
Environmental Services,
Inc.
status of products (e.g., cement, aggregate kiln) used in a manner constituting disposal that Pflees: 4
are produced in BIFs; EPA considers product to be waste-derived if furnace bums HW fuels . Ffgo|ck:
with heating values less than 5000 Btu/lb, unless facility can demonstrate legitimate energy
recovery
12/19/94 Bussard to DiBella
Meuls Recycling
Technologies Corp.
incorporating HW into animal feeds is generally not considered use constituting disposal Pa8": 2
FaxBack:
11932
2/16/95 Shapiro to Moore
Akin, Gump, Strauss, Hauer §266.20 effectively prohibits the use of slag derived from HTMR of K061 , K062, and F006 Pa8«: 4
* ftM . for anti-skid or deicing; HTMR residues may contain high concentrations of metals; EPA f f2?o clt:
not confident that K061, K062, and F006 used in this manner have been treated to minimize
threat
o
SUBPART E USED OIL BURNED FOR ENERGY RECOVERY
3/6/87 Williams to Sanderson
Region VD
UO burned for energy .recovery is subject to Part 266, Subpart E; UO recycled in any other p«g«: 3
manner is exempt from regulation (SUPERCEDED: see Part 279)
-------
PART 266 SUBPART E
Page 294
12/4/95
3/6/87 Williams to Sanderson
Region VD
UO includes brake, power steering, and automatic transmission fluids; HW characteristics ?*&>•• 3
not relevant if UO is recycled as fuel; windshield washer fluid and ami-freeze not UO because
they are not "oils" as the term is commonly used (see also Part 279)
10/23/87 Williams to Mouser
Marion County Health Dept. lubricating oil contaminated with dioxins from use of TCDD as an analytical standard is not Pa£ej: 2
listed HW F020-F023, F026-P028; even if characteristic, the oil is subject to Part 266, 11298ck:
Subpart E if it meets definition of UO and if it is burned for energy recovery (see also Part
279)
6/13/90 Lowrance to Richards
Applied Environmental
Technologies Coip.
Part 266, Subpart E standards apply to all hazardous and nonhazardous UO burned for energy Pa8«:
recovery, provided the oil is not mixed with listed HW; characteristic UO recycled in a
manner other than burning for energy recovery is not subject to Subtitle C (see also Part
279)
11/30/90 Lowrance to Anderson
Bnceweii and Patterson open-gear lubricant (Gearite) is considered UO (see also Part 279)
Pages: 2
FaxBack:
11570
1/8/91 Bussard to Dixon
Thermal Waste
Management
certain fuels produced from oily hazardous petroleum refinery wastes are exempt from
regulation if they meet the UO fuel specifications of §266.40(e) (see also 59 FR 38S37;
7/28/94)
Pages: 6
FaxBack:
11574
4/23/91 Bussard to Gansel
Robert Sun Co.
used compressor oil containing ammonia can be burned in a space heater provided the three Pa8": '
conditions of §266.41 are met (see also Part 279) FaxBack:
11601
6/5/91 Lowrance to Duprey
Region VTH
UO applied as coal dust suppressant before burning coal as a fuel may be legitimate Pa8es: 3
recycling; UO and coal mixture is subject to Part 266, Subpart E requirements; legitimacy of Fa*Back:
UO as ingredient in ANFO explosive (see also Part 279) 11613
-------
PART 266 SUBPART E
Page 295
12/4/95
6/21/91 Lowrance to Constantelos Safety-Kleen
mixture of absorbent and UO is HW if exhibits characteristic and is destined for disposal;. Pl«e5: 3
mixture of absorbent and UO is subject to Part 266, Subpart E if destined for energy
recovery (see also Part 279)
7/9/91 Bussard to Campbell American Petroleum UO sampling data (1989-1990) gathered to support UO characterization effort (see also 57 Pages: 25
fastitme F/f 41566; 9/10/92) clt:
10/29/91 Lowrance to Ravenel
U.S. House of
Representatives
no federal regulations prohibit service stations from accepting DIY oil (see also Part 279) p"8es: '
FaxBack:
11650-
11/5/92 Lowrance to Northup
Convenient Automotive mixture of UO and characteristic HW is managed as HW if mixture exhibits characteristic; Pae«: 2
Services, inc. mixture of UO and ignitable only HW is regulated as UO if mixture is not ignitable (see
also 60 FR 55202; 10/30/95)
11708
SUBPART F RECYCLABLE MATERIALS UTILIZED FOR PRECIOUS METAL RECOVERY
12/18/85 Straus to Licht
Chute* Licht Engineering precious melal-containing scrap metal that is recycled qualifies for the scrap metal exemption p»8«: 2
i. inc. under §261.6(aX3Xiv) fur?1*'
5/20/86 Straus to Guptill
MO Hospital Association used x-ray film (spent material) is not specifically listed, and is unlikely to exhibit p»«": 2
characteristic of HW; if x-ray film is HW and it is sent to silver reclaimer, generator must
obtain EPA ID number and must manifest waste
-------
PART 266 SUBPART F
Page 296
12/4/95
5/23/86 Straus to Neiderkofler
• U.S. Veterans
Administration
if x-ray film is HW and is sent for precious metal recovery, only requirements for generator P»ge»: '
under Part 266, Subpart F are manifesting and notification to obtain EPA ID number Ff??ock:
11 I Jo
11/19/86 Straus to Straume
U.S. Air Force
buttons, eyeglass frames, uniform insignia, and electronic scrap are regulated as spent Pages: 11
materials subject to Part 266, Subpart F, if not scrap metal; silver recovery cartridges
needing further processing and residues from burning silver-containing batteries are subject to '
Part 266, Subpart F
12/19/86 Straus to Weisburg
Technic, Inc.
precious metal-containing HW are subject to notification, recordkeeping, and manifesting Pag": '
requirements mas'*'
12/20/89 Barnes
to Levy
Region I
LDR paperwork required for Part 266, Subpart F precious metals; only those wastes
specifically exempted from LDR in Part 261 or Part 268 are not subject to §268.7
requirements
Pages: 2
FaxBack:
11482
2/5/91 Lowrance to Linson
IN Dept of Environmental precious metal-containing HW are subject to Part 262, Subpart E when exported for
Management reclamation; export requirements apply to wastes that require a manifest
Pages: 2
FaxBack:
11580
8/26/92 Lowrance
to Waste Management . Regions l-x
Division Directors
residual waste generated during scrap metal recycling of printed circuit boards may no longer Pas«: 3
qualify for scrap metal exemption, but if it contains significant amounts of precious metals,
the waste may be eligible for reduced recycling regulations of Part 266, Subpart F
4/29/93 Lowrance to Werbicki
Agmet Resource Recovery recyclable material must meet the §261.2 definition of SW (e.g., spent material or listed p»8": 2
sludge sent for silver reclamation) to be subject to Part 266, Subpart F; characteristic sludge
sent for silver reclamation not subject to Subpart F because not a SW
-------
PART 266X SUBPART F
Page 297
12/4/95
12/27/93 Shapiro to Simon
Region U
criteria for legitimate precious metal recovery; furnaces legitimately recovering precious p»8«: 4
metals are regulated by Part 266, Subpart F rather than Parts 264 or 265 Subpart O; Under
Pan 266, Subpart F, only subject to one-time notification and certification, sampling, and
analysis
2/28/94 Shapiro to Donovan
Disposal Control Service, spent photographic fixer solution is a spent material, subject to regulation as precious metal Pa8«; 3
Inc- when reclaimed; silver-bearing sludge precipitated from spent fixer is not a SW when
reclaimed, therefore not subject to Part 266, Subpart F; precipitation process is exempt
recycling
8/4/95 Petruska to Thompson
Eastman Kodak Co.
silver recovery units used to treat photo processing wastewater are characteristic sludges, and
so are not SW and are not subject to Part 266, Subpart F when sent for reclamation
SUBPART G SPENT LEAD-ACID BATTERIES BEING RECLAIMED
12/18/85 Straus to Licht
Charles Licht Engineering spent lead-acid batteries are HW at point they are generated as wastes; however, generators, Pages: 2
Associates. Inc. transporters, and persons who store (but do not reclaim) such batteries destined for ft? r?ck:
reclamation are not subject to HW regulation
6/24/87 Straus to Bello
Aqua-Tech, Inc. used lead acid batteries that are sold or given away for continued use as batteries are not S W P»ges: 2
• and are not subject to regulation if not reclaimed in any way ack:
9/17/87 Grieder to Dionne
Environment Canada intact batteries shipped to Canada are not subject to manifesting or export notification
because no reclamation has taken place
Pages: 6
FaxBack:
11294
-------
PART 266
SUBPART G
Page 298
12/4/95
8/26/88 Lowrance to Waste Management Region l-x
Division Directors
lead plates removed from lead-acid batteries at smelter and awaiting further reclamation in . P*ge»: 27
smelter are SW; partially-reclaimed lead at smelter is typically eligible for variance from SW Ff5?Jck:
definition; common lead-acid battery cracking practices at lead smelting facilities
11/28/88 Cochran to Norman
industrial Safety and Health EPA evaluation of spent lead-acid battery recycling process; provides analysis of the Paees: 9
Consultants, Inc. regulatory status of 16 materials, including battery acid, plastic chips, metal battery pieces,
and lead sulfates
10/19/89 Abrams to Williams
U.S. Air Force
speculative accumulation not applicable to lead-acid batteries that are reclaimed or any other Pases: 2
material already defined as SW (see also 8/95 MRQ); persons who store but do not reclaim . ffj5?c.k:
batteries are not subject to regulation
6/27/90 Bussard to Reed
EPAHQ
§§266.80(b)(3) and (b)(4) accidentally omitted from the CFR; regulations read correctly as of Pa8«: 3
July 1. 1992, CFR
3/4/91 Lowrance to Svanda
MN Pollution Control
Agency
EPA may consider amending Part 266, Subpart G regulations to include all batteries instead Pa«es: 3
of just lead-acid batteries provided human health and the environment can be adequately
protected; presents EPA's rationale behind creating the recycling regulations in Subpart G
12/23/93 Shapiro to McHenry
Mcdintock. Weston, §266.80(a) applies to locations where lead-acid batteries stored, but not reclaimed, regardless Paees: 2
Benshoof. l*°^1^"' .. of battery management activities owner or operator may conduct at other locations;
cava, ui §266.80(b) applies to locations where lead-acid batteries are both stored and reclaimed
1/12/95 Petruska to Bryant
The Technical Group, inc battery regeneration exemption applies to batteries regenerated at any type of facility; Pa«ej: 4
exemption only covers batteries sent for regeneration, other types of recycling are subject to F?S??ck:
Subtitle C regulation; lead-acid batteries recycled in all ways covered under Part 266, Subpart
G (see also Part 273)
SUBJBU1
H HAZARDOUS WASTE BURNED FOR ENERGY,,lig0yERY / BIFS
^^^0
-------
PART 266
SUBPART H
Page 299
12/4/95
2/28/84 Skinner to Devine
Region IV
determination of when HW (halogenated solvents) are legitimate fuels burned for energy
recovery; fuel must have substantial heat value (i.e., 5,000-8,000 BTU/lb), must be bumed
in a legitimate energy recovery device (SUPERCEDED: see 11/8/94 letter, Shapiro to
Kotiinski)
Pages: 2
FaxBack:
11032
4/2/86 Williams to Wassersug
Region ffl
spent carbon can be regulated if contains listed or characteristic HW; units regenerating HW Pa§": 6
carbon are exempt recycling units (SUPERCEDED: see 56 FR 7134: 9/21/91, and Part 266,
SubpartH)
4/21/88 Lowrance to Sinibaldi
Standard Chlorine of DE,
Inc.
regulatory status of oxidation reactor burning chlorinated benzene process streams depends on Pa8es: 22
whether material is burned for energy recovery or as ingredient in industrial product
(SUPERCEDED: see Part 266, Subpart H)
3/27/89 Straus to Johnson
SAFCO Environmental
HW fuel blending tanks are subject to storage regulations (not exempt recycling units); Pae«: 2
Federal regulations do not specify an allowable holding time before off-loading a shipment of fa4?,ack:
HW into the recycling process; some states may allow up to 24 hours before a storage
permit is required
4/26/89 Lowrance
to HW Management
Division Directors
Regions I-X
metals recovery smelter using P006 as a feedstock is exempt recycling process, treatment
residues retain listing; F006 used as a feedstock in primary smelting may cease to be HW
based on indigenous waste concept (SUPERCEDED: see §266.100)
Pages: 5
FaxBack:
11426
3/1/90 Lowrance to Jaekels
GSX Government Services, no Federal regulatory definition of fuel blending; blending v. bulking for transport; fuel
Jas- . blending tanks are subject to permitting, unless exempt §262.34 units; HW fuel blenders
must ensure fuel has significant heating value (SUPERCEDED: see 11/8/94 letter, Shapiro
to Kotiinski)
Pa8": 2
-------
PART 266
SUBPART H
Page 300
12/4/95
10/30/90 Lowrance to Ullrich
Region V
burners and marketers must notify EPA of their HW fuel activities, even if they already have p«8": 4
EPA ID numbers (SUPERCEDED: see Part 266, Subpart H) ffj2?ck:
I 1 JO/
1/8/91 Bussard to Dixon
Jhermil Waste
Management
certain fuels, produced from petroleum refinery wastes, that are otherwise exempt under Pages: 6
§261.6(a)(3) are HW and must be burned in BIFs or incinerators if they do not meet the UO ?f 5B4*ck:
fuel specifications of §266.40(e) (see also 59 FR 38537; 7/28/94)
8/19/91 Clay
to Scherer
EPA Region '
clarification of interim status qualification criteria for BIFs, including under construction, in Pages: 6
existence, substantial loss, and reasonable time
1/22/92 Diamond to HW Management Regions I-X
Division Directors
use of enforcement authorities when evaluating BIF precompliance certification violations; Pa8es: 2
interpretation of "complete and accurate" certification of precompliance
8/11/92 Denit to Guinyard
Region VI
cement kiln and resource recovery kiln operating in series are regulated as BIFs; off-gases
from resource recovery kilns are regulated under RCRA Subtitle C if they originate from
HW treatment
Pages: 5
FaxBack:
11684
12/30/92 Lowrance to Brerner
Region V
unused propellant mixture (butane and propane) from aerosol cans is not SW when burned
for energy recovery because butane and propane are fuels; burning of mixture is not subject
to BIF regulations under Part 266, Subpart H
Pages: 4
FaxBack:
11717
4/30/93 Lowrance to Dodgion
NV Dept. of Conservation recycling is a form of HW treatment; Part 266 rules apply to all BIFs that burn or process
and Natural Resources t whether or not burning for energy recovery is considered recycling (see a*lso
§§266.100(b),
Pages: 2
FaxBack:
11745
-------
PART 266 SUBPART H
Page 301
12/4/95
6/2/93 Lowrance to Owens
Borden Chemicals snd
Plastics
Valorization of Chlorinated Residuals unit is halogen acid furnace (HAF) subject to BIF
rules; EPA designates all hazardous material fed to HAFs as inherently waste-like, since
HAFs necessarily destroy toxics in addition to recovering materials or energy recovery
Pages: 6
FaxBack:
11751
8/11/93 Browner to Dingell
U.S.Hou*epf
Representatives
Combustion Strategy will not impact incinerators at CERCLA sites or ability of interim
status units to continue burning HW; summary of risk assessment guidance; EPA is
examining its authority to enforce generator and TSDF waste minimization and certification
requirements
p»g«: 10
12/27/93 Shapiro to Simon
Region II
criteria for legitimate precious metal recovery; furnaces legitimately recovering precious
metals fall within 266, Subpart F exemption and are not subject to Subpart O incinerator
regulations and most BIF rules, except for one-time notification and certification, sampling,
and analysis
Pl8": 4
4/4/94 Shapiro to Fortuna
Hazardous Waste
Treatment Council
interim status is a statutory right when a facility meets all applicable standards; EPA cannot
order BIFs that properly qualified for interim status to stop operating; to qualify for interim
status, facility must be in existence on effective date of applicable rule
Pages: 12
FaxBack:
11825
7/20/94 Shapiro to Ferguson
TX Natural Resource
Conservation Commission-
HW burned in a BIF for metals recovery is exempt under §266.100(c) only if the device
burns HW exclusively for metals recovery and not partially for destruction or energy
recovery; HW with heating value at or above 5000 Btu/lb is considered to be burned as a fuel
(for energy recovery)
Pages: 3
FaxBack:
11856
10/17/94 Shapiro
to HW Management Regions I-X
Division Directors
residues or products derived from HW coprocessed with raw materials in Bevill devices are
exempt from LDR, except for one-time notification; LDR requirements for fuel blenders;
fuel blending is not exempt, unless done in §26234 unit; fuel blenders subject to air
emissions standards
Pages: 6
FaxBack:
11881
11/4/94 Shapiro to Hathcock
Laidlaw Environmental
Services (Recovery), Inc.
blending of HW to increase heating value for use as fuel is not prohibited; HW with heating P«B«: 2
value less than 5000 Btu/lb burned for destruction, not energy recovery; resulting cement or
aggregate is waste-derived product unless facility documents energy contribution of low Btu
fuel
-------
PART 266 SUBPART H
Page 302
12/4/95
11/8/94 Shapiro to Kotlinski
CletnHufaon
Environmental Services.
Inc.
regulatory status of BIFs no longer dependent on as-generated heating value of HW fuels;
wastes of any Btu value can be blended and burned in a BIF; if fuels with low heating values
are burned, cement product may be considered a waste-derived product and subject to HW
regulation
Pages: 4
FaxBack:
11885
2/22/95 Shapiro to Moynihan
United States Senate
CKD from kilns burning HW fuel must pass test at §266.112 to qualify for Bevill
exclusion; all other CKD currently excluded from RCRA Subtitle C regulation pending
EPA's development of custom-tailored regulations for CKD
Pages: 2
FaxBack:
11896
-------
PART 268
SUBPART A
Page 303
12/4/95
268 LAND DISPOSAL RESTRICTIONS
SUBPART A GENERAL
2/22/88 Denit to Bobel
Region DC
presence of F001-F005 listed solvent as constituent in wastestream does not automatically
render waste listed and subject to LDR; only if waste matches P001-F005 listing
descriptions is it F-listed and regulated under LDR
Pages: 6
FaxBack:
11327
7/19/88 Weddte to Vaille
Region DC
transferring waste between units at an active facility or during closure is land disposal and
triggers LDR treatment requirements; in situ treatment or movement of waste within the
unit is not placement and so waste is not subject to LDR treatment standards
Pages: 2
FaxBack:
11354
10/28/88 Weil
to Gabel
Region n
HW removed from disposal units and placed in different land based units during remediation
activities must meet LDR treatment standards for all applicable waste codes
Pages: 1
FaxBack:
11376
3/3/89 Lowrance to Goldman
The Aluminum Association newly listed wastes (e.g., K088) for which EPA has not established treatment standards are
not subject to LDR ,
Pa8«: 4
12/20/89 Barnes to Levy
Region I
all HW are subject to LDR unless specifically exempted by Pan 261 or Part 268
Pages: 2
FaxBack:
11482
-------
PART 268 SUBPART A
Page 304
12/4/95
2/13/90 Lowrance to Duprcy
Region
cement made using EAF dust as an ingredient is still K061, and must meet LDR treatment
standards; high zinc subcategory has required treatment standard of metal recovery and cannot
be land disposed (SUPERCEDED: see amended §268.41)
Pages: 13
FaxBack:
11491
3/7/90 Barnes to Stone
GSX Chemical Service!
LDR standard for derived-from waste is based on original treatment standard; in situations
where multiple treatment standards apply, the most stringent standard must be met for any
common constituents of concern
Pages: 3
FaxBack:
11500
4/6/90 Lowrance to Luftig
Region II
wastes eligible for NCV must be disposed in MTR unit (see also §268.5); applicability of
LDR to CERCLA remedial actions at NPL site (LDR as ARAR); disposal within an AOC
is not subject to MTR; treatability variances at CERCLA; DDT is HOC
Pages: 3
FaxBack:
11503
6/14/90 Lowrance to Ullrich
Region V
lead-contaminated personal protective gear is subject to LDR; HW eligible for a NCV may
be disposed without treatment in MTR landfill or surface impoundment if waste is below
California list prohibition levels
Pages: 2
FaxBack:
11524
10/14/90 Lowrance to Vogt
Thompson Consumer
Electronics, Inc.
applicability of Third Third NCV for inorganic solid debris to metal-contaminated cloth
filters, glass picture tubes; determine if waste is debris at the point of generation; inseparable
mixtures of inorganic and organic solid debris (see also §§268.2(g) and (h))
Pages: 4
1/8/91 Bussard to Johnson
MN Dept. of Transportation LDR continues to allow use of either EP or TCLP to demonstrate compliance with
treatment standards for certain wastes that contain lead and arsenic; however, TCLP must be
used instead of EP for waste determination based on testing
Pages: 2
FaxBack:
11575
4/16/91 Wehling to Golian
EPAHQ
temporary container storage of investigative-derived wastes within an AOC followed by
disposal within original AOC does not trigger LDR treatment; movement to separate storage
and/or treatment area followed by replacement may trigger treatment; single drum is not
considered a unit
Pa«ej: 2
-------
PART 268 SUBPART A
Page 305
12/4/95
6/21/91 Bussard to Young
Whitemin, Osteimin, and
Haniu
baghouse dust that is used (directly or as an ingredient) in manner constituting disposal is.
exempt from further regulation if it meets LDR treatment standards and it is a legitimate
product; formerly Bevill-exempt mineral processing wastes are considered newly identified
wastes
Pages: 5
FaxBack:
11618
12/10/91 Denit to Fognani
Holland.and Han extension of comment period for Land Disposal Restrictions: Potential Treatment Standards
for Newly Identified and Listed Wastes and Contaminated Soil {56 FR 55160; 10/24/91) on
issues related to mineral processing wastes, wood preserving wastes, and spent potliners
Pages: 1
FaxBack:
11659
11/4/92 Lowrance to Noles
Four Seasons Industrial
Services, Inc.
LDR treatment requirements still apply to F003 waste that has been rendered nonignitable
and/or nonhazardous under §261.3(a)(2)(iii) mixture rule exemption
Pages: 3
FaxBack:
11707
7/15/94 Brandes to Tease
Hubbard-Haii. inc. wastes that exhibit a characteristic at the point of generation may still be subject to the LDR
requirements of Part 268, even if they no longer exhibit a characteristic at the point of
disposal
Pages: 2
FaxBack:
11854
10/16/95 Shapiro - to Waste Management
Division Directors
Regions I-X
administrative stay for UO and characteristic HW mixtures applies only to §279.10(b)(2); all Pa8es: 5
UO and characteristic HW mixtures are subject to LDR, even if no longer characteristic;
treatment of UO mixture or residuals for underlying constituents or by specified technology
may be required
268.3
Dilution Prohibition
7/31/90 Bussard to MacMillan
National Solid Wastes
Management Association
stabilization of cyanides to reduce teachability is inappropriate treatment and generally
considered impermissible dilution (p. 5); TC wastes may not be diluted if they will be land
disposed (p. 6)
Pages: 13
FaxBack:
11545
-------
PART 268 SUBPART A 268.3
Page 306
12/4/95
7/31/91 Lowrance to Wallace
Region Vffl
dilution of characteristic HW at a pulp and paper mill is acceptable for CWA compliance
provided there is no specified method of treatment (58 FR 29860; 5/24/93)
Pages: 7
FaxBack:
11631
4/26/93 Lowrance
to Waste Management Regions l-ix
Division Directors
manufactured gas plant (MGP) wastes not listed but can be characteristic; since MGP wastes Pae«: 3
are "newly identified" and not subject to LDR or dilution rules, MGP HW may be u739Clc:
decharacterized in generator's §262.34 units without permit and sent off site for burning as
nonhazardous
10/13/93 Kinch
to Green
Weslinghouse Electric
Corporation
D001 and D002 wastes (subject to treatment for underlying hazardous constituents) may be Pa8«: 2
aggregated with other compatible wastes to facilitate treatment; aggregating wastes for other
purposes may be impermissible dilution; D002/F001 mixture must meet D002, F001, and
F039 standards
3/1/94 Shapiro to Dolce GZA-AET Regulatory
Services
if waste is D001 (high TOC) and D008, blending and combustion as HW fuel is not
Pages: 2
impermissible dilution, since high TOC D001 treatment standard requires burning; ash from ff £?* ck:
burning such metal-bearing wastes must meet treatment standards for metals
3/8/95 Shapiro to Richter American Foundrymen's
Society
treating hazardous spent foundry sands with iron to stabilize metal contaminants could
constitute impermissible dilution (see also 60 FR \ 1702,11731; 3/2/95)
Pages: 10
FaxBack:
11900
268.4
Treatment In Surface Impoundment Exemption
7/31/90 Bussard to MacMillan
National Solid Wastes waste subject to LDR may only be placed in surface impoundments meeting MTR if waste p»8es: 13
Management Association meets treatment standards, is eligible for variance or extension, or qualifies for §268.4; FaxBack:
placement of untreated waste into an impoundment for storage is prohibited land disposal
(pp. 12-13)
11545
268.5
Procedures For Case-bv-case Extensions To An
-------
PART 268 SUBPART A 268.5 P"*e
11/16/88 Weil to Grove Hutcheson wd Gnmdy notice of information needed to process case-by-case extension application Pages: 3
FaxBack:
11381
1/8/93 Clay to Duffy U.s. Dent of Energy impact of FFCA on DOE's application for a case-by-case extension for Third Third mixed p"g«: 3
wastes; EPA questions need to process application in light of FFCA's delay of waiver of £****ck:
sovereign immunity
268.6
No-migration Variances
8/17/90 Lowrance to MacMillan National Solid Wastes to EPA's knowledge, all commercial facilities with HW injection wells disposing of on-site Pas«: 2
Management Association {.jgan up wastes have received final approval of no-migration petitions nss?ck:
268.7
Waste Analysis. Notification. Recordkeeping
1/11/89 Weil to Garvey Suuffer Chemical Co. neutralized phosphoric acid filter cake is subject to LDR tracking requirements because it did p»«es: '
not meet California list prohibitions at the point of generation
12/20/89 Barnes to Levy Region I LDR paperwork required for Part 266, Subpart F precious metals; only those wastes p*g": 2
specifically exempted from LDR in Part 261 or Part 268 are not subject to §268.7
notification requirements
-------
PART 268 SUBPART A 268.7
Page 308
12/4/95
7/31/90 Bussard to MacMillan
National Solid Wastes TSDF may rely on waste analysis data or certifications supplied by generator, but must P>g«: 13
Management Association periodically test to verify generator data; frequency of corroborative testing site-specific; lab
doing analysis may certify under LDR as representative of waste handler (pp. 2-4)
4/23/91 Lowrance to Levy
Region I
LDR paperwork requirement for exports of HW; materials that are not SW when reclaimed Pa8«
are not subject to LDR paperwork; wastes specifically excluded from Part 268 requirements
are exempt from LDR notification
2/23/93 Lowrance to Perry
Frito-Lay, Inc.
LDR recordkeeping may apply pursuant to laboratories discharging listed HW to wastewater Pa8":
treatment systems and qualifying for §261.3(a)(2)(iv)(E) exemption from mixture rule
10/17/94 Shapiro
to HW Management Regions l-X
Division Directors
residue from co-processing of HW and raw materials in Bevill device not subject to LDR if Pag«
they are not affected by HW; HW burned for energy recovery in production process not
subject to LDR; in either situation, original waste subject only to one-time notification;
blenders and LDR
268.9
Notification For Characteristic Wastes
6/14/90 Bussard to Wilson
EPAHQ
federal regulations do not require inclusion of HW codes on manifest, although state Page»: 4
regulations can; if waste is both listed and exhibits a characteristic, the waste must carry all
applicable codes for purposes of LDR and incompatible waste regulations
Listed Code Operating In Lieu Of Characteristic Code
7/31/90 Bussard to MacMillan
National Solid Wastes when waste both listed and characteristic, if treatment standard for listed code addresses
Management Association constituent causing waste to exhibit characteristic, listed code operates in lieu of
characteristic code (even if listed treatment standard less stringent than characteristic standard)
(pp. 8-10) _
Pag«: l3
-------
PART 268 SUBPART A 268.9
Listed Code Operating In Lieu Of Characteristic Code
Page 309
12/4/95
10/13/93 Kinch
to Green
Westinghouse Electric
Corporation
F001 and D002 waste must be treated to meet standards for both waste codes (including
treatment standards for underlying hazardous constituents); waste mixtures with common
constituents of concern must meet most stringent standard that applies
Pigei: 2
FaxBack:
11785
10/20/93 Weddte
to Bowman
Environmental Dynamics where the treatment standard for a listed HW also addresses the characteristics, it will operate P»ges: 8
in lieu of the treatment standard for the characteristic ff?5fclc:
11787
3/1/94 Shapiro to Dolce
GZA-AET Regulatory
Services
F005 treatment standard addresses the characteristic of ignitability and so operates in lieu of p"8«: 2
D001 treatment standard (i.e., no need to meet DOOl treatment standard for F005/D001
waste) (SUPERCEDED: see 9/28/94 letter, Shapiro to Prior)
9/28/94 Shapiro to Prior
Laidjaw Environmenul F003 and F005 waste exhibiting ignitability must carry notification for and meet DOOl
Services (North East), inc. treatment standard, since F003/F005 standard does not operate in lieu of DOOl standard.
Pages: 6
FaxBack:
11877
Notification For Wastes That Cease To Exhibit Characteristics
7/31/90 Bussard to MacMillan
National Solid Wastes if treated characteristic waste is no longer hazardous, but is sent for disposal at Subtitle C
Management Association facility, §268.9(d) notice and certification should be sent to Subtitle C facility, not
implementing agency (p. 11)
Pages: 13
FaxBack:
11545
SUBPART C PROHIBITIONS ON LAND DISPOSAL
268.30
Solvent Wastes
-------
PART 268 SUBPART C 268.30
Page 310
12/4/95
1/20/87 Weil to Meyer
Sacramento Environmental F001-F005 wastes treated voluntarily during NCV can be land disposed; at expiration of Pa8": 2
NCV, wastes must meet applicable treatment standards prior to disposal
4/27/87 Fortune to Fixter
s &. W Waste. Inc. NCV for P001-F005 solvent-containing sludges, solids, soils, and solvent-waste mixtures Pa8es: 2
(including rags) containing less than one percent of F-listed solvent constituents
268.32
California List
11/21/88 Kidwell to LaShier and Johnson EPAHQ
hazardous fluff (fluff contaminated with PCBs, lead, and other metals) is subject to
California list if it equals or exceeds HOC prohibition levels
Pages: 2
FaxBack:
11382
1/6/89 McGuinness to Simmington Occidental Chemical Com. California list prohibition applies only to the HOCs listed in Part 268, Appendix III; Pages: 3
determination of HOC content is based on total waste analysis, not on extract analysis f ??Bnck:
113 89
1/11/89 Weil to Garvey
Suufftr Chemical Co. neutralized phosphoric acid filter cake is subject to LDR tracking requirements because it did Pa8«: '
not meet California list prohibitions at the point of generation
11/28/89 Lowrance to Greenberg
Browning-Ferris Industrie! nonliquid waste containing one HOC must be incinerated unless a more specific treatment p«g«: 4
standard exists for the HOC; nonliquid wastes with multiple HOCs must be incinerated i>ck:
unless a specific treatment standard has been established for at least one of the HOCs in the
waste
-------
PART 268 SUBPART C 268.32
Page 311
12/4/95
4/6/90 Lowrance to Luftig
Region O
DDT is a HOC
Pages: 3
FaxBack:
11503
5/16/91
to Kaul
NY DEC
California list prohibitions are supeiceded except for PCBs, HOCs, nickel, and thallium; Pages: 2
California list does not apply to newly-identified wastes; listed wastes no longer subject to
HOC prohibition (see also 9/28/94 letter, Shapiro to Prior), but may be subject to nickel
and thallium ban
9/28/94 Shapiro to Prior
LaidUw Environmental F001 chlorinated fluorocarbon waste could be subject to California list prohibition for HOCs Pa8": 6
Service! (North East), inc. (ggg a|so May 16,1991 letter, Unknown to Kaul) . f?J?7ac!t:
11 of f
268.33
First Third Wastes
11/4/88 Weil
to Ward
Omark industries K044 that is treated in a wastewater treatment process and no longer exhibits reactivity Pages: 2
characteristic is no longer subject to LDR mso"*'
268.35
Third Third Wastes
6/25/90 Lowrance to Bergeson
Weinberg, Bergeson, and D008 (lead) wastes that fail the TCLP but pass the EP are considered in compliance with the Pa8«: 2
D008 treatment standard and can be land disposed
-------
PART 268
SUBPART C 268.35
Page 312
12/4/95
6/25/90 Lowrance to Igli
Chemical Waste
Management
Third Third revised F024 treatment standard from concentration standards to incineration; .
pending effective date for the new standards or a correction notice establishing an immediate
effective date, Second Third treatment standard remains in effect
7/25/90 Clay
to Karas
PPG Industrie!, Inc.
pending the effective date of revised F024 treatment standards or a correction notice
Pages: 2
establishing an immediate effective date, treatment standards promulgated in the Second Third f?2?fcl(:
remain in effect
8/17/90 Lowrance to MacMillan
National Solid Wastes multi-source leachate wastewater (F039) that is deep-well injected was granted a two-year p«ge»: 2
Management Association capacity variance, whether disposed at a commercial (i.e., off-site) or on-site injection facility F?5S?c.k:
9/4/92 Lowrance to Wilkstrom
National Electrical LDR does not apply to mercury-containing fluorescent light bulbs (D009) that pass the EP Pages: 2
Manufacturers Association test; bu|bs subject to LDR because they exhibit EP (and TC) toxicily could be considered f ?£o,ack:
debris per §268.45
SUBPART D TREATMENT STANDARDS
268.40 - 268.43
Waste Code - Specific Treatment Standards
3/1/94 Shapiro to Dolce
GZA-AET Regulatory
Services
wastestream must meet treatment standards for all applicable waste codes before land disposal Pa§«:
(See also §268.9(b)) FaxBack:
11815
-------
PART 268 SUBPART D 268.40 • 268.43
Corrections To Treatment Standards
Page 313
12/4/95
Corrections To Treatment Standards
4/12/91 Craig
to LDR contacts
Regions I-X
Corrections to treatment standards for K048, P003. P073, U001, U003, U154 (errata sheet
for 58 FR 3877; 1/31/91, Technical Amendment to the Third Third)
Pages: 2
FaxBack:
11596
Differing Treatment Standards For Single Waste Constituent f S268.40fc)l
10/13/93 Kinch
to Green
Westinghouse Electric
Corporation
F001 and D002 waste must be treated to meet standards for both waste codes (including
treatment standards for underlying hazardous constituents); waste mixtures with common
constituents of concern must meet most stringent standard that applies
Pages: 2
FaxBack:
11785
F001 - F005 Spent Solvent Treatment Standards
3/1/94 Shapiro to Dolce
GZA-AET Regulatory
Services
F001-F005 treatment standards apply only to those constituents used for their solvent
properties and which triggered the listing; solvent constituents picked up through use (i.e.,
solvents present as ingredients in stripped paint) are not subject to F001-F005 treatment
standards
Pages: 2
FaxBack:
11815
9/28/94 Shapiro to Prior
Laidliw Environmental
Services (North East), Inc.
F001 spent chlorinated fluorocarbons need only be treated for the two fluorocarbons identified Pages: 6
as constituents of concern in F001-F005 treatment standards; fluorocarbon solvent waste Ffjj??clt:
could be subject to California list prohibition for HOCs
Soecified Technology Treatment Standards
7/31/90 Bussard
to MacMillan
National Solid Wastes
Management Association
simplified lab pack procedures in §268.42 require that the lab packs be burned in a Subpart
O incinerator, cement kilns can not be used to achieve this alternate treatment standard
Pages: 13
FaxBack:
11545
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PART 268 SUBPART D 268.40 - 268.43
Specified Technology Treatment Standards
Page 314
12/4/95
5/7/92 Lowrance to ScaibeiTy
Chemical Waste
Management
under narrow set of circumstances (including low levels of recoverable metals), LDR
Pages: 2
treatment not required for wastes normally subject to specified technology treatment standard ffil, ck:
of metal recovery because of derived-front rule (waste code carry through principle)
1/26/94 Shapiro to Lain
U.S. Navy
aluminum chaff roving bundles that exhibit reactivity characteristic must be deactivated prior Pase': 2
to land disposal; compliance is evaluated based on removal of characteristic, not based on m u?°k
following a specified method of deactivation
12/13/94 Petruska to Murdoch
Murdoch Consultation
Service
mercury-cadmium batteries must be treated by thermal recovery; EPA recognizes that most Pa8es: 3
battery recycling technologies in U.S. are not designed to treat these wastes ff5?,ack:
11071 *
268.45
Alternative Debris Treatment Standards
9/4/92 Lowrance to Wilkstrom
National Electrical ' bulbs subject to LDR because they exhibit EP (and TC) toxicity could be considered debris Pases: 2
Manufacturers Association ^ §268.45; LDR does not apply to mercury-containing fluorescent light bulbs (D009) that
^ pass the EP test
9/14/93 Kinch to Docket
EPAHQ
clarification to Phase II proposed rule: EPA intends alternative debris treatment standards to p»g«: I
apply to waste codes addressed in Phase II rule (D018-43, K149-K151, K141-K145, K147,
K148)
3/1/94 Shapiro to Dolce
GZA-AET Regulatory alternative debris treatment standards may be used even if debris is contaminated with waste p»«es: 2
code whose treatment standard is a specified technology ffj?/ck:
11 o 15.
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PART 268 SUBPART D 268.45
Page 3IS
12/4/95
6/3/94 Shapiro to Kastner
Bryan Cave
removing contaminants from an intact building is waste generation, not treatment; removed
material is eligible for §268.45 debris treatment standards if it meets the definition of debris
Pages: 2
FaxBack:
11841
268.48
Universal Treatment Standards
12/19/94 Shapiro to Waste Management Regions I-X
Division Directors
changes to LDR standards due to new UTS are not immediately effective in states authorized
for LDR, since EPA does not consider UTS levels "more stringent or less stringent" than
previous LDR standards; standards for newly listed wastes are immediately effective in all
states
Pages: 2
FaxBack:
11892
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PART 268 APPENDIX ID
268 APPENDICES
APPENDIX HI LIST OF HALOGENATED ORGANIC COMPOUNDS REGULATED UNDER §268.32
3/12/93 Lesnik to Weber USPd 1 ^-dibromomethane and hexachloropraphene are typographical errors, should read Pages: 2
U-Dibromoethane(EDB)andHexachlorophene
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PART 270
General
Page 317
12/4/95
270
HAZARDOUS WASTE PERMITS
General
7/28/81 Lehman to Johnson
Oii-Dri Corp. of America use of absorbents for spill control not regulated as treatment due to §264. l(g)(8) immediate Fag": 2
response exemption; use of absorbents to solidify HW in other contexts is regulated
treatment (SUPERCEDED: see §264.1(g)(10))
6/14/83 Weddte to RCRA Branch Chiefs Region. l-X
protective filers that were never regulated under Part 265 can be removed from interim status paB«: 2
data in EPA database after confirmation that no activity subjected to permitting was
conducted; interim status facilities that withdraw permit application are subject to closure
requirements
3/29/85 Cook
to Dioxin Policy
Coordinators
Regioni I-X
compliance dates for notification and submittal of new and revised Part A permit applications Pages: 4
pursuant to dioxin listings (F020-F023, F026-F028)
6/28/85 Skinner
to Waste Management Regions l-X
Division Directors
applicability of post-closure permits and GW monitoring for interim status facilities based p»g«: 5
on date of final receipt of waste; closure by removal does not preclude use of §3008(h) or
§3004(u); summary of closure by removal requirements; Part B post-closure permit contents
8/1/85 Skinner to Hellman
General Electric
permit required prior to construction of SW incinerator if owner and/or operator intends to Pa«es: 2
burn HW in future; TSCA PCB incinerator can apply for RCRA Subtitle C permit at any ff£?ock:
. • 11098
time
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PART 270
General
Page 318
12/4/95
2/25/86 Williams to Volz
McKenni, Conner and
Cuneo
sumps that meet definition of tank can be exempt WWTUs; if sump storing HW prior to
neutralization is not pan of WWTU or other exempt unit, sump is subject to §262.34 or
Parts 264/265; surface impoundments holding HW are not WWTUs and are regulated
Pages: 3
FaxBack:
11134
10/31/86 Porter
to EPA Administrator EPAHQ
once authorized, states have permitting authority, not EPA
Pages: 4
FaxBack:
1.1190
12/12/86 Williams to Cooper
Waste-Tech Services. Inc. addition of new incinerator unit at interim status facility is subject to §270.72 conditions;
Part A application must be revised, permitting agency must approve change, and cost of
change must not exceed 50% of facility reconstruction
Pages: 2
FaxBack:
11205
7/23/87 Petruska to Fisher
Fisher Industrial Service,
Inc.
TSDF that qualified for interim status for receiving SQG waste may also receive waste from Pa8es: 2
generators of all sizes f f ?« clc:
112o8
8/11/88 Lowrance to McGuire
u.s. Dept of Treasury
immediate removal arid destruction of explosive materials by law enforcement agencies may Pages: 4
require emergency RCRA Subtitle C permit; emergency permits and provisional transporter
ID numbers may be issued via telephone or in writing
9/19/88 Carra
to Hazardous Waste
Branch Chiefs
Region! I-X
law enforcement agents (BATF) transporting and detonating bombs and other reactive wastes Pa8": 4
may be exempt from RCRA Subtitle C regulation if action is immediate response per FaxBack:
§264.1(g)(8); if not an immediate response, emergency permit may be required per §270.61
2/27/89 Lowrance
to HW Division
Directors
Region* I-X
omnibus authority (§3005(cX3)) can be used to control emissions (metals, HC1, PICs) from P»g«s: 2
incinerators prior to promulgation of modified Subpart O regulations; §3005(c)(3) gives FaxBack:
permit writers authority to apply permit conditions as necessary to protect human health and ''3"
environment
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PART 270
General
Page 319
J2/4/95
7/31/90 Bussard to MacMillan
National Solid Wastes
Management Association
P039 waste code was promulgated pursuant to HSWA authority; permitted facilities
managing F039 must submit a Class 1 permit modification by 8/8/90 (§270.42(g»
Pages: 13
FaxBack:
11545
5/31/91 Lowrance to Waste Management Regions l-x
Division Directors
incidental drippage after removal of treated wood from drip pad is not illegal HW disposal Pages: l
provided owner and/or operator responds immediately; immediate response determination is f f J??ck:
site-specific; facility must have a contingency plan, must keep records of response
8/19/91 Clay
to Scherer
EPA Region
clarification of interim status qualification criteria for BIFs, including under construction, in Pa8es: 6
existence, substantial loss, and reasonable time f?5?«ck:
110 J J •
10/19/92 Lowrance
to Waste Management Regions i-x
Division Directors
LOIS for storage and treatment facilities that were in interim status on 11/8/84, but failed to Pages: 2
submit Part B by 11/8/88; submission of Part B in accordance with HSWA deadlines ensures
continued interim status until permit issued
8/11/93 Browner to Dingell
U.S. House of
Representatives
permit applications for new combustion facilities have lower priority than pending Pages: to
applications of interim status facilities; Combustion Strategy will not impact incinerators at *?*£jck:
CERCLA sites or ability of interim status units to continue burning HW
3/16/94 Browner
to Environmental
Appeals Board
EPAHQ
interim status facilities may operate after denial of permit when appealing to Environmental Pa8": 2
Appeals Board (EAB); EAB directed to take final action within 90 days on appeals of mr? **'
interim status combustion facility permit denials
4/4/94 Shapiro to Fortuna
Hazardous Waste
Treatment Council
interim status is a statutory right when a facility meets all applicable standards; EPA cannot p*g": 12
order BIFs that properly qualified for interim status to stop operating; to qualify for interim ffg?c*clt:
status, facility must be in existence on effective date of applicable rule
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PART 270
10/17/94 Shapiro
General
to HW Management Regions l-x
Division Directors
fuel blending tanks are subject to permitting unless they qualify for §262.34 generator
accumulation exemption
Page 320
12/4/95
Piges: 6
F»xB»ck:
11881
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PART 271 General
271 AUTHORIZATION OF STATE PROGRAMS
General
11/6/92 Lowrance to Waste Management Regions I-X EPA has the authority to approve late or incomplete applications for state authorization; &>g«: 4
states' failure to appl
requirements (FOLA)
Division Directors states' failure to apply for authorization to implement §3006(0 public information man**''
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PART 273
General
Page 322
12/4/95
273
STANDARDS FOR UNIVERSAL WASTES/SPECIAL COLLECTION SYSTEM WASTES
General
7/27/93 Denit
to Bowes
Finish Thompson. Inc. EPA is considering regulating engine coolant/antifreeze under universal waste regulations ?*&<*-. 2
(see also 60 FR 23928; 5/11/95)
9/28/94 Bussard to Green
Applied Environmental possible to petition EPA to include mercury switches/relays in universal waste system (see Pages: 2
Services. Inc. also 60 F/? 23928; 5/11/95) F«B?ck:
1 I O /O
6/5/95 Petruska to Jenkins
AL Dept of Environmental Universal Waste Rule streamlines regulations for HW batteries, pesticides, Pages: 6
Management mercury-containing thermostats; states may add additional wastes (i.e., fluorescent lamps) to
state universal waste list and establish management standards for those wastes as they see Fit
6/22/95 Petruska to Roberts
Maintenance Engineering Universal Waste Rule streamlines regulations for HW batteries, pesticides, Pases: 2
mercury-containing thermostats; states may add additional wastes (i.e., fluorescent lamps) to
state universal waste list and establish management standards for those wastes as they see fit
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PART 279
General
Page 323
12/4/95
279
USED OIL MANAGEMENT STANDARDS
General
11/5/92 Lowrance to Northup
Convenient Automotive
Service], Inc.
UO and mineral spirits mixture is UO if mixture is not ignitable; tank in which UO and Pages: 2
ignitable HW are mixed is subject to Part 279 and §262.34; tank must be labeled with words "ck:
used oil; mixing may be treatment (see also 60 FR SS202; 10/30/95 )
%
11/25/92 Lowrance to Chirumbolo
Arizona Filter Recycien applicability of UO regulations in authorized states
Pages: 2
FaxBack:
11712
4/5/93 Lowrance to Hartman
Kirkpitrick and Lockhan to qualify for the rebuttable presumption exemption, UO contaminated with HCFCs must be Pa&es: '
removed from refrigeration units and the HCFCs must be destined for recycling;
HCFC-contaminated UO can not be mixed with UO from other sources
4/19/93 Lowrance to Hansen
ORDEQ
storage of UO in unlined surface impoundments and use of UO in road oiling is prohibited Pa8«: 4
under Part 279
9/3/93 Denit
to Waste Management Regions i-x
Division Directors
anticipated changes to definition of processor and to status of UO that is inserted into the Pa8": 3
refining process at primary oil refineries (changes finalized 59 FR 10559; 3/4/94); majority f pE?**'
of Part 279 UO regulations promulgated pursuant to RCRA Subtitle C base program
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PART 279
General
Page 324
12/4/95
9/24/93 Denit
to Harris
National Oil Recyclen
Association
mixtures of UO and ignitable-only characteristic wastes are regulated as UO if no longer p»g«: 2
ignitable; all other mixtures are regulated as HW if they exhibit a characteristic. UO if they
do not (see also 60 FR 55202; 10/30/95)
9/27/93 Denit
to Marshall
Capitoline International
Group, Ltd.
rags and wipers from which UO has been removed are subject to HW determination
Pages: 3
FaxBack:
U777
11/1/93 Weddte to VanSchepen
John Deere Waterloo Works oil and water separation and recycling metal-working oil on site are not processing if
recovered oil is not burned for energy recovery; activities that are ancillary to the normal
manufacturing process are not considered processing; USTs containing UO are subject to
Parts 279 and 280
Pages: 2
FaxBack:
11792
1/10/94 Shapiro to Patterson
Oils Unlimited, inc. on-speciflcation UO fuel is the equivalent of virgin fuel oil for regulatory purposes
Pages: 1
FaxBack:
11807
3/22/94 Shapiro to Lindgren
Heritage Environmental wastcwater that contains UO is subject to Part 279; UO-containing residues and sludges from Pages: 2
Services, inc. WWTUs are subject to Part 279; on-site separation of UO and water to meet CWA
requirements does not constituteTJO processing
9/12/94 Petruska to Nebrich
Wane Technology Services, documentation that halogens in excess of 1,000 ppm in UO arise from unintentional mixing Pa8«: '
*** of residuals from "RCRA empty" containers is sufficient to rebut HW presumption FaxBack:
I lo/O
9/28/94 Petruska to Picked
3M
generators who remove UO from sorbents are not processors if UO not sent directly off site P»8«': 2
to burner, on-site burning of UO from incidental processing activities is allowed FaxBack:
11874
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?APT 279
General
Page 325
1Z/4/95
11/10/94 Colsworth to Northup
Convenient Automotive
Services Industry
clarification of exemption from CERCLA liability for service station dealers; fast lube Pa«es: 3
services eligible if accept DIY oil and receive significant income from vehicle maintenance;
exemption applies to both DIY UO and UO from customer vehicles
8/10/95 Petruska to Phillips
generator dewatering UO coolant to reduce volume is not processor if: (1) UO is generated on p"g": 2
site, (2) processing does not change physical and chemical condition of oil-based portion of ffS?5ack:
coolant, (3) dewatered UO is not sent directly from generator to off-site used oil burner
SUBPARTA DEFINITIONS
11/30/90 Lowrance to Anderson
Bmcewell and Patterson open-gear lubricant ("Gearite") is considered UO
Pages: 2
FaxBack:
11570
1/28/93 Lowrance to Redington
Monsanto Co.
used nonpolymer-based oils (e.g., synthetic hydraulic and transfer fluids) that function
similarly to petroleum-based lubricants, oils, and surface agents are considered UO and
subject to Part 279
Pages: I
FaxBack:
11724
10/7/93 Denit to Hunter
Arvin Industries, Inc.
scrap metal that meets no free-flowing oil standard is not subject to UO transporter standards; p»8e': 2
coolant recycling and oil and water separation are not UO processing when they are incidental
to the normal manufacturing process
10/7/93 Denit to Hunter
Arvin Industries, Inc.
scrap metal that meets no free-flowing oil standard is not subject to UO transporter standards; P»g«: 2
coolant recycling and oil/water separation are not UO processing when they are incidental to
the normal manufacturing process
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PART 279 SUBPART B
Page 326
12/4/95
SUBPART B APPLICABILITY
10/7/93 Denit
to Hunter
Arvin Industries, Inc.
scrap metal that meets no free-flowing oil standard is not subject to UO transporter standards; Paees: 2
coolant recycling and oil/water separation are not UO processing when they are incidental to ff™.? ck:
the normal manufacturing process
10/13/93 Petruska to Citizen
UO consolidated from different sources is regulated under Part 279; UO that is hazardous Pa8«: '
solely because it exhibits a characteristic is subject to Part 279; UO that cannot be recycled ff7'!j6ack:
is subject to RCRA Subtitle C if the UO is a HW
11/17/93 Weddte
to Adamoli
Tascon, Inc.
UO is presumed to be recycled until sent for disposal; sorbents containing UO that will be Pa8es: 3
burned for energy recovery subject to Part 279; sorbents defined as UO that will not be
burned for energy recovery are managed under Part 279 until disposed, even if characteristic
2/8/94 Petruska to Citizen
characteristic UO is subject to Part 279 if recycled, to RCRA Subtitle C when sent off site Pag«: 2
for disposal if it cannot be recycled; no need to test for specification if UO burned in §279.61 ff5?.ack:
units; marketer includes anyone selling UO to customer burning it for energy recovery
7/11/94 Bussaid to Cameron
Appliance Recycling
Centers of America, Inc.
discarded household appliances containing UO are regulated under Part 279 if oil is recycled, Pa8": 3
as HW if oil is characteristic and disposed; CFC contaminated UO is exempt from
rebuttable presumption at point of draining provided CFCs will be reclaimed; removal of
CFCs not treatment
7/22/94 Bussaid to Savage
Ogletree, Deakins, Nash, de minimis UO exemption does not apply to UO intentionally introduced to wastewater Pa««: 3
Smoak & Stewart treatment system; surface impoundments managing UO must operate under RCRA Subtitle f?«„'ck:
C permits or interim status
II MR
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PART 279 SUBPART B
Page 327
12/4/95
10/16/95 Shapiro to Waste Management Regions l-x
Division Directors
administrative stay for UO and characteristic HW mixtures applies only to §279.10(b)(2); all Pa«es: 5
UO and characteristic HW mixtures are subject to LDR, even if no longer characteristic;
treatment of UO mixture or residuals for underlying constituents or by specified technology
may be required
SUBPART C USED OIL GENERATORS
6/10/94 Petruska to Lewis
Baker & McKenzie company which services vehicle at off-site locations and brings UO back to central facility.is Pages: 2
subject only to generator requirements provided each shipment of UO is less than 55 gallons f fg?-?ck:
8/25/95 Shapiro to Nosenchuck
NY DEC
generator may only bum in his space heater UO from DIYs, UO he generated on site, or UO Pages: 2
his business generated at an off site location; generator may not bum UO generated by
another business
SUBPART D USED OIL COLLECTION CENTERS AND AGGREGATION POINTS
4/8/94 Bussard to Tollett
Vavoline, Inc.
DIY UO generators are not subject to UO standards; DIY oil is subject to Part 279 Pa8«: 2
regulation once it has been collected; collected DIY on is subject to rebuttable presumption;
collection center can rebut presumption based on HHW exemption
6/9/94 Shapiro to Prick
American Petroleum
Institute
refineries receiving off-site UO subject to processor rules until UO enters refining process; p»8«: 3
E&P or refining facility may transport UO to same company's aggregation point; transporter
rules apply to UO transported off site to pipeline or E&P facility until it is mixed with crude
oil
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PART 279
SUBPART E
Page 328
12/4/95
SUBPART E USED OIL TRANSPORTERS AND TRANSFER FACILITIES
7/8/92 Bussard to Hilton
National Solid Waste applicability of state v. federal transportation regulations (e.g.. Hazardous Materials
Management Association Transportation Act) to UO handlers
Pages: 1
F.axBtcIc:
11676
7/28/93 Petruska to Eggenberger
Defense Logistics Agency UO transporter standards do not apply if movement of oil is on site (i.e., oil is not
transported along public road); UO may be transported anywhere on site in any quantity
without compliance with transporter or off-site shipment requirements
Paees: 2
6/9/94 Shapiro to Frick
American Petroleum
Institute
refineries receiving off-site UO subject to processor rules until UO enters refining process; Pages: 3
E&P or refining facility may transport UO to same company's aggregation point; transporter ff J?fck:
rules apply to UO transported off site to pipeline or E&P facility until it is mixed with crude
oil
6/10/94 Petruska to Lewis
Baker A McKenrie
company which services vehicle at off-site locations and brings UO back to central facility is Pages: 2
subject only to generator requirements provided each shipment of UO is less than 55 gallons
,
SUBPART F USED OIL PROCESSORS AND REREFINERS
10/7/93 Denit to Hunter
Arvin industries, he. scrap metal that meets no free-flowing oil standard is not subject to UO transporter standards; Pa8": 2
coolant recycling and oil/water separation are not UO processing \vhen they are i^cidcnta! to ?sxB«ck:
the normal manufacturing process
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PART 279 SUBPART F
Page 329
12/4/95
6/9/94 Shapiro to Frick
American Petroleum
Institute
refineries receiving off-site UO subject to processor rules until UO enters refining process; P»ge»: 3
E&P or refining facility may transport UO to same company's aggregation point; transporter
rules apply to UO transported off site to pipeline or E&P facility until it is mixed with crude
oil
SUBPART G BURNERS OF OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY
2/8/94. Petniska to Citizen
characteristic UO is subject to Part 279 if recycled, to RCRA Subtitle C when sent off site pw- 2
for disposal if it cannot be recycled; no need to test for specification if UO burned in §279.61 Ff o?.ack:
units; marketer includes anyone selling UO to customer burning it for energy recovery
SUBPART I
USE AS DUST SUPPRESSANT AND DISPOSAL OF USED OIL
10/13/93 Petruska to Citizen
UO consolidated from different sources is regulated under Part 279; UO that is hazardous
solely because it exhibits a characteristic is subject to Part 279; UO that cannot be recycl
is subject to RCRA Subtitle C if the UO is a HW
Pages:!
that cannot be recycled ff??.?ck:
11 Too
11/17/93 Weddfe to Adamoli
Tiscon, Inc.
UO is presumed to be recycled until sent for disposal; sorbents containing UO that will be p»«es: 3
burned for energy recovery subject to Part 279; sorbents defined as UO that will not be fnogclt:
burned for energy recovery are managed under Part 279 until disposed, even if characteristic
2/8/94 Petniska to Citizen
characteristic UO is subject to Part 279 if recycled, to RCRA Subtitle C when sent off site p«g": 2
for disposal if it cannot be recycled; no need to test for specification if UO burned in §279.61 f f5?,ack:
units; marketer includes anyone selling UO to customer burning it for energy recovery
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PART 279 SUBPART I
Page 330
12/4/95
7/11/94 Bussaid to Cameron
Appliance Recycling
Centers of America, Inc.
discarded household appliances containing UO are regulated under Pan 279 if oil is recycled.
as HW if oil is characteristic and disposed; CFCcontaminated UO is exempt from rebuttable
presumption at point of draining provided CFCs will be reclaimed; removal of CFCs not
treatment
Pages: 3
FaxBack:
11850
7/22/94 Bussard to Savage
Ogletree, Deakins, Nash,
Smoak & Stewart
de min/mu UO exemption does not apply to UO intentionally introduced to wastewater
treatment system; surface impoundments managing UO must operate under RCRA Subtitle
C permits or interim status
Pages: 3
FaxBack:
11858
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