oEPA
              United States
              Environment*! Protection
              Agency
OHice of
Soitd Waste and
Emergency Response
                DIRECTIVE NUMBER: 9432.02(84)
                TITLE: Regulation of Hazardous Aqueous Waste at
                    Wastewater Treatment Facilities
                APPROVAL DATE: 2-2-84
                EFFECTIVE DATE: 2-2-84
                ORIGINATING OFFICE: osw
                Q FINAL
                D DRAFT
                 LEVEL OF DRAFT
                   DA — Signed by AA or OAA
                   D B — Signed by Office Director
                   DC — Review & Comment
                REFERENCE (other documents):
  OSWER     OSWER      OSWER
VE   DIRECTIVE   DIRECTIVE   Dl

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PART 260  SUBPART B - DEFINITIONS
                                                DOC:  9432.02(84)
Key Words:

Regulations:

Subject:


Addressee:

Originator:

Source Doc:

Date:

Summary:
Wastewater Treatment, Tank, Mixture Rule, Aqueous Waste

40 CFR 265.1(c)(10), 260.10

Regulation of Hazardous Aqueous Waste at Wastewater Treatment
Facilities

Marion Thompson, Program Analyst

Francine S. Jacoff, Manager, Listing Program

#9432.02(84)

2-2-84
     If a wastewater treatment facility receives regulated aqueous hazardous
waste either alone or mixed with non-hazardous aqueous wastes, the entire
influent is considered hazardous (by the mixture rule) and the facility must be
permitted.  If the wastewater is treated only in tank or tank-like equipment,
subject to regulation under Section 402 or 307(b) of the Clean Water Act, the
wastewaters are exempt from regulation under RCRA (§265.l(c)(10)].  Hazardous
wastewaters are regulated only when they are managed in surface impoundments or
by some other means (e.g., deep well injection).

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                                                           9432.02 (84)
                              FEB   2W
                                               RE:  WIBPS0146
MEMORANDUM
 ••     f •

SUBJECT:  Facilities Generating Regulated Hazardous Aqueous Waste

   FROM:  Francine S. Jacot'i, Manager
          Listing Program     •       .•

     TO:  Marian Thompson, Program Analyst

                •
     In our recent meeting to discuss the office of-.Water's (OW)
concerns regarding the listing of aqueous wastes as part of the
proposed TDI listing, we agreed to provide- OW with a  list of
facilities which are currently sending hazardous (listed) waste-
waters to wastewater treatment units.
           '    '.   ,                     '      »""•*'•'•
     Often a facility which yenerates a regulated aqueous hazardous.
waste will send it .to a wastewater treatment facility, either
alone or with other hazardous or non-hazardous aqueous wastes.
As a .consequence of the mixture rule, the entire influent is
considered to be hazardous, and the wastewater treatment facility
may be subject to RCRA regulation as a hazardous waste treatment
facility and, if so, must bo permitted.  However, if  tne wastewater
is treated only in tank or cank-like equipment,Ji/ these waste-
wasters  are currently exempt from regulation under RCRA.  As a
practical matter, this means that we only regulate these hazardous
wastewaters that are managed in surface impoundments  or by some
other means (i.e., deep well injection).      ^

     Our available data indicated that a number of facilities are
generating regulated aqueous hazardous waste.  My staff has
telephoned the Regional offices to determine if any of these
plant's  wastewater treatment units are currently regulated,
either with Interim Status or fully permitted.  There is a
wide diversity between the Regions with regard to the availability
of  the information;  therefore,  tne results (presented in the
attachment)  are, in most cases, not definitive.  The  results of
I/  Tanks or tank-like equipment means a stationary device,
    designed to contain an accumulation of hazardous waste
    which is constructed primarily of non-earthen materials
    (i.e./ wood, concrete, steel, plastic) which provide
    structural support.

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     telephone survey "ire presented  in . Attachnent l.-;tTl»«r fac
are  divided into four teat egories, as .follows* -..V-'*'.'.^'^'): •'.•.*•:>>•
      ••-•    -      -.•• -     .  -             -~       •••'•  '»*
 th>
                                                    2 r
                             .    ,          .             .          .
       1)  Definitely  Wastewater Treatment --Thi«;/cmtegory' includes
 those that- have -Inter In status or  Part's 'appHcationa '"called in and
 that  have;Interim  Status or Part  B  applicationsseal led*inland      .
 review.by*thevRegional Office, specifically 'foV^tteataent.methodsv.*^-
 t^ithput"actually- v,
-specifying it.- -~~ •'•';•"'•. ;;.';.'T^''-.;   ':•'•'••'•?-?~'S^'$:jfc-l™s&^<^^.s ":'.- '•••• •• •"' ''•

 ,'  '-T-- 3). NO Indication Either way -  This category^includes those,  .
vthat  the Regional Off ice rhas insufficient information-t.o determine":
:'if  the facility,vin  fact, -has  Interim Status,'-or >in  one case,.-• :'-;/;
"the facility has  interim.status,'and  the Region^has  no other!.: -' iv
•information available.';;.	•••.    ••.•'     ..-_ ;' •  : \^-^. '";'•• ••.'-.-j >'.••:;•.' •••'•„..'"; '•

•;'• '••'. "'•.  4) ^Definitely Not^Wastewater Treatment - This'category ^includes
 those vhich-.either donVt.have  interim Status,'lor^ave  .Interim'Status'
  (Attachment 2) which  provides details  of their.members'" wast«i-'  •
  management pract.iceajh-^V^/    'V'  .•;.;.••».;"::•«:':/ '<:!''\"*:-v^>:'':'.:'?:"i;l'i;-'i-;-"N r •'•"• .'•
            •'you' have-:Jiad 'a4;'chance-;to  review th^is.'material*, '-please
 call  me'at 382-4761-so that;.wo may set up a meeting* to 'finalize •'
 .on,*'these issues.  '

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