Listing of Residue From the Treatment of a Listed Hazardous Waste


      oEPA
              United State*
              Environmental Protection
              Agency
           Off ice of
           Solid Waste and
           Emergency Response
DIRECTIVE NUMBER:  9441.05(84)
TITLE:  Listing of Residue from the Treatment of a Listed
     Hazardous Waste
               APPROVAL DATE:  2-19-84
               EFFECTIVE DATE:  2-19-84
               ORIGINATING OFFICE: office of solid waste
               m FINAL
               D DRAFT
                LEVEL OF DRAFT
                  DA — Signed by AA or OAA
                  Da — Signed by Office Director
                  DC — Review & Comment
               REFERENCE (other documents):
  OSWER      OSWER      OSWER
VE   DIRECTIVE    DIRECTIVE   Dl

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PART 261  SUBPART A - GENERAL
                                                DOC:  9441.05(84)
Key Words:

Regulations

Subject:


Addressee:


Originator:


Source Doc:

Date:

Summary:
Incineration, Listing, Thermal Treatment

40 CFR 261.3(c)(2), 261.3(d)

Listing of Residue from the Treatment of a Listed Hazardous
Waste

Robert E. Blanz, Deputy Director, Program Operations, Department
of Pollution Control and Ecology, State of Arkansas

Peter Guerrero, Deputy Director, Permits and State Programs
Division, Office of Solid Waste

#9441.05(84)

2-19-84
     Scrubber brine and sludge (residue) produced while incinerating listed
hazardous wastes are themselves hazardous wastes unless delisted.  However,
where the incinerated waste itself is only hazardous by virtue of the charac-
teristics identified in Subpart C of §261, the resulting scrubber brine and
sludge are not hazardous wastes if they no longer exhibit any of these charac-
teristics.  Owner/operators who use surface impoundments or other units to
store scrubber sludge and brine produced while incinerating listed hazardous
waste must either attempt to have their sludge and brine delisted or have the
surface impoundments permitted for hazardous waste.

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                                                              9441.05 (84)
                                     9 1984
Mr, Robert E. Blanz
Deputy Director, Program operations
Departjoent of Pollution Control
  and Ecology
«U01 National Drive
P.O. Pox 9583
Llttl* Bock, Arkansas 72209
  •      •       *"
Dear Mr. Blanzs
 -       "•         •
     Your letter^dated February 15, 1984 asks whether  the  residue
fron the treatment of a listed hazardous waste  is also a hazardous
wasto.

     In your letter, you correctly interpret 40 CFR  261.3(c)(2)
and (d) to sean that the scrubber brine and sludge produced  while
incinerating listed hazardous wastes are themselves  hazardous
wastes unless delisted.  Where, however, the incinerated waste  is
hazardous only by virtue of the characteristics identified in
Subpart C of 40 CPR 261, thnn the scrubber brine and sludge  are not
hazardous wastes if they no longer exhibit any of these characteristics
  •'    • *' '•-".-.'
•• - »•  In your letter, you nention an applicant who uses surface
impoundtaents to store scrubber sludge  and brine produced while
incinerating listed hazardous wastes.  Based on our  interpretation
of 4G CPR 261.3(1)(2) and  (d), the applicant either  Bust attempt
to have his sludge and brine deli*\ed  or he must have-his  surface
impoundment permitted for  hazardous wastes*
•v •'_•"*'   :      • -  '          '
     If you need any additional-information or  assistance, olaas*
.contact Mr. Randy Chrisnon at  (202) 382-4691.

                            Sincerely,
                             Peter Guerrero
                             Special Assintant to the Director
                             Peraits and State Program* Division
 cct   Bruce Weddlc
   ••.- Alan Cor son

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