United States
Environment*! Protection
Agency
Office of
Sot»d Waste and
Emergency Response
6EPA
DIRECTIVE NUMBER: 9432.02(8!)
TITLE: Totally Qiclosed Treatment Facilities
•
APPROVAL DATE: 7-27-81
EFFECTIVE DATE: 7-27-8!
ORIGINATING OFFICE: QSW
Q FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or DAA
D B — Signed by Office Director
DC — Review & Comment
REFERENCE (other documents):
OS WE Ft OSWER OSWER
ME DIRECTIVE DIRECTIVE Dl
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•?ART 260 SUBPART B - DEFINITIONS
DOC: 9432.02(81)
Key Words:
Regulations
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Treatment
40 CFR 260.10, Parts 264, 265
Totally Enclosed Treatment Facilities
Ronald E. Missen, Senior Environmental Engineer, Travenol
Laboratories, Inc., Deerfield, Illinois 60015
Alfred W. Lindsey, Deputy Director, Hazardous and Industrial
Waste Division
#9432.02(81)
7-27-81
"Totally enclosed treatment facility means a facility for the treatment of
hazardous waste which is directly connected to an industrial production process
and which is constructed and operated in a manner which prevents the release of
only hazardous waste or any constituent thereof into the environment during
treatment." (See §260.10).
A facility which meets the above definition is exempted from Part 264 and
265 requirements (see §§264.l(g)(5), 265.l(c)(9)). In addition, the owner/
operator of this facility need not notify nor seek a permit for that process.
A totally enclosed treatment facility is one which is completely contained on
all sides and poses little or no potential for escape of waste into the environ-
ment even during periods of process upset.
A totally enclosed treatment operation must be connected to an industrial
production process to be eligible for the exemption. Hazardous waste treatment
is often conducted in a series of unit operations, each connected by pipe to
the other. If one unit operation is not totally enclosed or is jiot integrally
connected then only unit operations upstream from that unit will qualify for
the exemption. The unit and downstream process would require a permit.
Pipes that connect the totally enclosed facility to the generating process
and that have openings may qualify as totally enclosed only if there is no
potential for emissions or overflow of liquids during periods of process upset,
or if equipment has been installed to prevent escape of hazardous waste or
potential hazardous constituents into the environment. The exemption for
totally enclosed treatment facilities applies only to the facility itself.
The effluent from that facility may still be regulated.
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UNiTID STATES ENVIRONMENTAL PROTECTION
WASHINGTON, D.C. ZOioC
9432.02 (81)
SOUQv.iSTE A NO sM£RG£NCy nES
Mr. Ronald E. Meissen
'Senior Environmental Engineer
Travenol Laboratori-es, Inc.
Deerfiald, 111ino is 60015
Dear Mr. Meissen:
I apologize for not responding to your letter of March 3
sooner. As you can imagine, the last few tenths have been
exceeding!;- busy for us.
You .-req.uest-cd confirmation on a telephone interpretation"
I provided clarifying the totally enclosed treatment facility"
definition. You -:;so said that you had received a so:.-ev/ha t
different response -"re.- Mr. Gardner in our Office 'of General
Counsel. U n f o r ~ L- no-* 2 1 y , because of the newness of the r 2 31; ~ a -
tions, tha nu.T.bsr dr people involved here irrnhair de ve 1 cpnant,
and their comp-l 2 x :-£.,/, it has ncz been uncom~c.n for so~ewh = ~
d;ffsrent i nt?rpr = t<.i: i ons to have arisen' on occasion.
There have been a lot of questions similar to yours con-
cernin'g the totally enclosed creat.~e.nt facility. '..'e nave pre-
pared the enclosed clarification which I thir'< answers your
questions. If we, can be of any further assistance, please call
Sincerely yours,
W. Lindsey
Deputy Director
Hazardous S Industrial Waste Division (v; H - 5 5 5 )
Enclosure
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T n r ' i ! V r>''~'
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?.eculato-y Cl 2 r i f i cat : or.
I. I s s •>! e : From questions asked since p - or/,! gat i or. of the regu
1 at ions on May 13, 19SO, it is clear that the definition and
pract"-al applicatic ..-c-f the term "total -y enclosed treatment
facility11 require clarification.
II. G i s c f s s i c n : The definition appears in §250.10(a) as
fo-lows: •
Totally enclosed- treatment facility means a facility for
the treatment c f hazardous waste which is directly con-
nected to an industrial production process and which is
constructed and operated in a manner which prevents t'h'e
release of any hazardous waste or ar.y constituent thereo'f
into the environment during treatment. An example' is a
pipe in which waste acid is neutralized.
A facility meeting this definition is exempted from the require-
ments of Parts 2S± and 255 (See §§25i. U c } (5) and 255. 1 • c) (9 ) •)
and, .by ext-- • ; i on , the owner or operator of that facility nee-
net notify nor seek a permit for that process. The purpose of
this provision is to .-amove from active re gul at i crv those treat-'
ment processes which occur in close proximity to t'~e industrial
process which., generates the waste and which are constructed in
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s-ch a- way that there is little or no potential for escape of
p: 11 u t a n t s . Such facilities pose negligible r i i '< to human
health and the environment.
The part of the definition which has generated the most
uncertainty is the meaning of "totally enclosed." The 'Agency
intends that a "totally enclosed" treatment facility be one
which is compl etely ".contai ned on all sides 2nd poses :ttle.or
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no potential for escape of waste t c the er. v i.-on-=r.t = ver. dj ri n c
periods c f process -j p s e t. T 'n e facility must be constructed so
that no predictable potential for overflows, spills, :• a s e c u s
emissions, etc-, car. result iron malfunction of p u m p s , v c 1 v e s ,
etc., associated with the totally enclosed treatment or from a
s
(7.alfunotion in the "industrial process to which it is cor,nected.
Natural calamities or acts of sabotage or war (earthquakes,
tornadoes, b o ~ b i r, g, etc.) a r-e not considered predictable, h o w -
e v e r.
As a practical matter, the definition limits "totall-y
enclosed treat.7;arit. facilities" to pipelines, tanks, aid to
other chemical, physical, and bio logical treatment •' cperatiORS
which ara car ?c C'jt in tank-like equipment (e.g., stills,
di st i 1 1 a t i or. • co 1 L:~"S , or pressure vessels)' and which ar; con-
st r 'j c t e d a-n d c p e - c t e c to prevent discharge c:" p c t e r t i a 1 1 y
hazardous materiel to the environment. This rec-ires consid-
eration c f the f..-. - e e primary avenues of esc- : leakage, s: i 11 s,
and emissions.
To prevent la. si', ing, the tank, pipe, etc., n >j s t be rade cf
impermeable tn-at sri a 1 s . The Agency is using the term i ,-p er~sabl e
in the practical" sense to mean no transmission of cortainec
materials in quantities which wou-1 d be visibly apparent. Fur-
ther, as wi'h any other treatment process, totally enclosed
treatm- t facilities are subject to natu ra 1 ' de-teriorati c-"- (cor-
rosion, etc.") which could ultimately re u 11 in leaks. To meet
the requirement in the definition that tre?tment be ccrvductec4
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". . . in a manner which prevents the release of any ha:;rcous
waste o.r any cor.:t i tuent thereof ir.tc the environment . . . ,"
the Age.ncy believes that an owner or operator cl airing -he
exemption generally will have to cor. duct inspections or ether
discovery activities- to detect deterioration and carry cut
maintenance activities sufficient' tc remedy it. A tank or
pipe which leaks is net c totally enclosed facility. As a
result, leaks rust be prevented fro- totally e"n c 1 o s ed facilities
or the facility is in violation of the regulations.
A totally er.closed facility rvjst be enclos-ed on all' sides.
A tank or similar equipment r.ust have a cover which would elirc-
.inate gaseous e.-issions and spills. However, nany tanks incor-
porate vents an. relief valyss for either operating or emergency
reasons. Such vent s ~~:ust be design;:! to prevent overflow's of
liquids and emissions of harrrful gases and aerosols, where such
events might cccjr through normal operation, equipment failure,
1 /
or process upset. This can often be accomplished by the use of
traps, recycle lines, and sorption columns of various designs to
prevent spills =r.d caseous e'issic '. If effectively protected
by such devices, a vented tank v/o'jld qualify as a totally
enclosed treatrrer.: facility.
When considering protective devices for tank vents, the
question arises as to whether the protective device is itself
adequate. The test involves a judgment as to whether the
overflow or caseous emission passing through the vent will be
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prevented from reaching .the environment, ^or example, an
open catchment basin for overflov/s is not satisfactory if the
hazardous constituents in the waste-"ay be emitted to the air.
Similarly, it .may also not be satisfactory if it is only large
e n o'u g h to hold the tank overflow for a brief period be: *. it
also overflows. H'owever, ever, i-r; this situation, a 1 ar.7.. systens
could be installed'to ensure t h a t t h e capacity of the c a t c h m e r.t
basin is not exceeded. V.'h ere air emissions frcm vents or
relief v a 1 v .• s are c c r, c e r r. e d , if the waste i- s n o n - v o 1 a t i 1 e or
the e:r. i ,ipns car.net contain gases cr aerosols which could o-e
hazardous in the atmosphere, then no protective devices are
necessary. An example might be a pressure relief' valve on a
tank' cent a i ni r, g -en- vol at'i 1 e waste . Where potentially harmful
emissions could occur,- then positive steps must be taken. -For
example, the vent could be connected to an incinerator c r pro-
cess kiln. Alternately, 'a sorpticn column night be suitable
if e m i s 3 ; : n rates •= " e 1 c '-•,, t h e efficiency of the c o 1 u ~ - approaches
ICQ percent, and alarms or. other safeguards are available so
t h a t the upset causing the emission will be rectified before
the capacity of c h e column is exceeded. Scrubbers will normally
not be sufficient because of their ter.'ency to malfunction and.
efficiencies typically do' not approach ICO percent.
Tanks -sometimes have flo-atir. 3 roofs. To be eligible as a
totally enclosed facility, such tanks should be constructed so
that the roof has a sliding season the side which is designed
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to :re vent gaseous err. i s s.i ons and protect against possible
overflow.
The part of the defir, iticn requi -i ng that totally enclose-:
treatment facilities be "di rect ly -connected to ar, industrial
production process" also generates so-5 uncertainty. ^ s lone as
the process is integrally connected via pipe to the p r o d u c t i o r.
process, there is no potential for the waste to be lest.' The
ter.7, "industrial production process" was ~eant to include only
those r .-cesses v;hich produce a product, an intermediate,, a
byproduct, or a "aterial which is used bac!< in the production
/
process. Thus, a totally enclosed treatment operation, inte-
grally connected downstream frorr, a waste water treatment la goo-
i
v,' o u 1 d not be eligible for 'the exemption because the process t c
which i't is connected is not an "industrial production process."
Neither would any totally enclosed treatment process at an off-
site hazard -;3 'waste "anagenent facility qualify, unless it were
integrally connected vie pipeline to the ge"1. e-r a'tcr ' s pro due t i o.?
process. Obviously, a waste transported by t r u c V. or rail is
net integrally connected to the production :r c c e s s.
Hazardous waste treatment is,often conducted in a series
of unit operation:, each connected by pipe to the other. As
long as. one end of a t-eat;nent train is integrally connected to
a production process, and each unit operation is integrally con-
nected to the other, all qualify for the exemption if they ~eet
the requirement of being "totally enclosed." If one unit opera-
tion is not "totally enclosed" or is not "integrally connected,"
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then only unit cper .ions uostream fro" that unit would cua1irv
' • •>
•for the exemption. The unit and dov,-r. stream process wou'd require
a permit.
The device connecting the totally enclosed treatner.t facil-
• _ .
ity to the generating process will ncreally be a pipe. However,
" some' pi?es (e.g., sewers) are constructed with manholes, vents,
sumps, and other openings. Pipes-with such openings may qualify
as totally enclosed only if there is no potential for emissions
or overflow of liquids during periods of process upset, or if
equipment (sprpticn columns, catchment ba.sisn, etc.) has bes-n
installed to prevent escape of hazardous waste or any potentially
hazardous constituent thereof to the environment.
This e x e m 01 i c r, for totally e n c 1; s e d t r ; t m a n t facilities
/
applies only to the f-ac.il ity itself. The effluent from .that
i
facility may still ba regulated. If the waste entering the
totally enclosed treatment facility is listed in Subpart D of
Part 251. then the effluent from the facility is automatically
' i
a hazardous w::te *••••.: must be trea*:d as such, unless it is
"delisted" in accordance with §§250.20 and 250.22. If, on the
other hand, t-he waste entering the totally enclosed treatment
facility is hazardous because it meets 'one of the characteris-
tics described in Subpart C of Part 261, then the effluent
waste is a -regulated hazardous wast- only if the effluent meets
one of the characteristics. Sinci the totally enclosed treat-
ment facility is exempted from the regulatory requirements, it
is only the effluents from such p. :esses which are of interest
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t c t n ^ Agency. ' h '••' S , >/ n 2 ". h e r the waste in a t o ". a ! ! y 5 n c ! 0 : -2 'J
treatment facility must be con 3 id ere- cowards the. !OOC i: CJ/.TCH : h
s;,-a 1 1 quantity generator limit, depends on whether" ;t is a regu-
lated hazardous wasteas it exits the totally enclosed troatmer:t
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facility. • x
Finally, it • s imoo r t a nt to note that if the effluents
from i • 31 a ' .- e .-; c ; c s e c treatment f •= c • 1 ; t y i,- e -discharge- t :
a surface water body (lake or stream) or to a publicly cwr,e'_
trea'.Tie.nt we."1',s or sewer line connected thereto, the.n these
wastes are not subject to the 2C R A nazardous waste controls at
all but are, i.-. stead, subject to the Clean Water Act and 'regu-
lations promulgated thereunder (See 45 FS 760,75).
III. • Resolution : [?. sum, a "totally enclosed treatment f ?. c i ': -
i
ity" must:. ' . ' /
(a) 3e completely contained on all sides.
(b) ?ose negligible potential for escape of constituents
to the environment except through naturt^ ca'amaties
or acts of sabotage or war.
' •
(c) 8 e' connected -directly by pipeline or similar totally
enclosed device to an industrial production process
which produces a prod'uct, byproduct, intermediate,
or a material which is used back in the process.
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