6EPA
United States
Environment*! Protection
Agency
Office of
Sot»d Waste and
Emergency Response
DIRECTIVE NUMBER: 9432.07(34)
TITLE: Guidance on Inplementation of Wastewater Treatment
Unit Exemption
APPROVAL DATE: 12-24-84
EFFECTIVE DATE: 12-24-84
ORIGINATING OFFICE: osw
E 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
VE DIRECTIVE DIRECTIVE Dl
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PART 260 SUBPART B - DEFINITIONS
DOC: 9432.07(84)
Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Wastewater Treatment
40 CFR 260.10, 264.1(g)(6)
Guidance on Implementation of Wastewater Treatment Unit Exemption
James H. Scarbrough, Chief, Residuals Management Branch, Waste
Management Division, Region IV
John H. Skinner, Director, Office of Solid Waste
#9432.07(84)
12-24-84
Summary:
40 CFR 260.10 defines a Wastewater treatment unit eligible for exemption
as:
1) a tank;
2) which is part of a wastewater treatment facility subject to regulation
under Section 402 or 307(b) of the.Clean Water Act; and
3) which receives and treats or stores an influent wastewater that is a
hazardous waste or which generates, accumulates, treats, or stores a
wastewater treatment sludge that is a hazardous waste.
Since there is no requirement that components of the wastewater units in
the. facility be connected, wastewater could be piped, trucked, or otherwise
conveyed from one wastewater unit to another. Therefore, wastewater tanks
that are trucked across a DOE facility which has an NPDES permit are part of a
wastewater treatment unit, exempt under 40 CFR §264.l(g)(6). A tank is also
exempt under these regulations if wastewater is stored and treated in a tank at
one facility prior to shipment to a POTW.
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You acknowledge that the DOE reservation is a "facility,*
and we have followed this interpretation in accepting their Part A
RCRA application* Because there is no requirement that components
of the wastewater units in a facility be connected, there is no
reason why waterwater could not be piped, trucked, or otherwise
conveyed from one waterwater unit to another. Therefore, the
wastewater tanks in question are part of a wastewater treatment
unit, exeapt under 40 CFR f 264.Kg) (6).
.. -
Further, this office has acknowledged that if wastewater is
stored and treated in a tank at one facility prior to shipment to
a POTW, the tank is exempt under 40 CFR $264.Kg)(6) (see the
attached memorandum).
If you have any questions, please call Donald White
(382-7917) of »y staff.
Attachment
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9432.07 (84)
MEMORANDUM
SUBJECT! Request for Guidance/Clarification of fiastewater
Treatment unit Definition
FROMi John a. Skinner, Director
. Office of bolid Waste (Wtt-562)
Tot Janes H. Scarbrough, Chief
Residuals Management Branch
Waste Management Division
fi.P.A. Region IV
Your nemo of December 11, 1984 is one of several requests for
guidance that ObW has received from the Regions since the wastewater
treatment unit exemption was promulgated on November 17, 1980.
The case on which you requested guidance involves tanks
storing hazardous wastewaters that are then trucked across the
Department of Energy Oak Ridge reservation to a treatment facility
that has an hPbtb permit. You asked whether a direct mechanical
connection between the components ot the treatment facility were
necessary for the tanks to be part of the wastewater treatment
facility.
For the purposes of this exemption, a wastewater treatment
unit is defined in 40 OF* $260.10 as*
(1) a tank,
(2) which is part of a wastewater treatment facility subject
to regulation under either Section 402 or Section 307(b)
of the Clean water Act, and
(3) which receives and treats or stores an influent waste-
water that is a hazardous waste or which generates,
accumulates, treats, or stores a wastewater treatment
sludge that is a hazardous waste.
In providing guidance on implementation of this rule, we have
been baaing our interpretations on the intent of the exemption as
well as on the wording ot the regulation.
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