6EPA
               United States
               Environment*! Protection
               Agency
            Office of
            Soitd Waste and
            Emergency Response
DIRECTIVE NUMBER:  9432.03(84)

TITLE: Permit Policy for Decanning and Crushing Operations

                    *

APPROVAL DATE:  4-26-84

EFFECTIVE DATE:  4-26-84

ORIGINATING OFFICE: osw

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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PART 260  SUBPART B - DEFINITIONS
                                                DOC:  9432.03(84)
Key Words:     Treatment, Dilution

Regulations:  40 CFR 260.10, Parts 264, 270

Subject:      Permit Policy for Decanning and Crushing Operations

Addressee:     James H. Scarbrough, Chief, Residuals Management Branch,
              Region IV

Originator:   John H. Skinner, Director, Office of Solid Waste

Source Doc:   #9432*03(84)
Date:

Summary:
4-26-84
     If- an owner/operator adds wastewater to a crushing operation making the
waste non-hazardous or less hazardous, s/he meets the definition of "treatment"
as defined in 260.10.

     The addition of wastewater to reduce potential for fires/explosions
rendering certain wastes nonhazardous constitutes treatment by definition
provided in 260.10.  It does not matter that wastewater serves other purposes
(e.g., keeping gears clean) because these activities do not alter the fact that
treatment is taking place.

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                                                             9432.03 (84)
                            APR 26 1984
 KcHQKAKOUH
  SUBJECT:  Permit Policy for Oecannlng and Crushing Operations

  FROM:  .   John H. Skinner, Director
           Office of Solid Waste

  TO:    .   James H. Scarbrough, Chief
           .Residuals Management Branch, Region IV
           aenorandun Is In  response to your April 5. 19d4,
  request  for a headquarters  policy Interpretation on permitting
  of  Hazardous waste decannln,)  and crusnlng operations.

co      Based on our understanding of the process at Shulton,  Inc.,
      toiletry crushing operation clearly meets the definition of
^"treataent* as  specified  In  264.10.   It  Is  tnerefore subject to
 permitting under  Parts  264 and 270.  We have based our conclusion
  on  tha  following:

      a)   The addition of  wastewater  1n the crushing operation
2          serves to  reduce the potential for  fires and explosions,
           and also dilutes the alcohol to  a non-hazardo'us  state.
3          This  1s  consistent  with  the treatment  definition, which
0          extends  to  any "process. ..desl gned  to  change the physical,
           chenlcal or biological character or composition  of any
           hazardous  waste. ..so as -to  render such waste non-hazardous,
           or less  hazardous,  or safer to transport, store  or dispose
           of...."  That  the water  way serve other purposes, such
           as keeping tne gears of  tne mechanism  clean and  cleaning
           tfte container  residuals,  does not alter tha fact that
N          treatment  of tha hazardous  wastes 1s taking place.  We

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                               -2-
         was  designed siaply to  ao-jrugate th wastes Into
         larger containers.   The wastes wr* not rendered
         ,non-hazardous or less hazardous, and any change 1n
         tne  wastes'  characteristics (such as a posslole cnan-je
         In concentration) was 1n this Instanca truly incidental.
         Changes in a waste's characteristics cannot be prosunod
         to oe Incidental sltaply &*cjuse they occur in a crushing
         or oeca.inl n
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