PA
United States
Environmental Protection
Agency
OH.ce of
Solid Waste ana
Emergency Response
DIRECTIVE NUMBER: 9441.35(84)
TITLE.' Regulations Applicable to Oil/Water Emulsions
Generated by Refinery Wastewater Systems
APPROVAL DATE: 12-7-84
EFFECTIVE DATE: 12-7-84
ORIGINATING OFFICE: office of solid waste
Q FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or OAA
D B — Signed by Office Director
D C — Review & Comment
REFERENCE (other documents):
OS WER OS WER OS WER
VE DIRECTIVE DIRECTIVE Dl
-------
PART 261 SUBPART A - GENERAL DOC: 9441.35(84)
Key Words: Refinery Wastes
Regulations.: 40 CFR 261.33
Subject: Regulations Applicable to Oil/Water Emulsions Generated by Refinery
Wastewater Systems
Addressee: Dick Whittington, Regional Administrator, Region VI
Originator: Jack McGraw, Deputy Assistant Admnistrator
Source Doc: #9441.35(84)
Date: 12-7-84
Summary:
The emulsion layer that forms when an oil/water emulsion stratifies is a
listed hazardous waste independent of subsequent treatment, storage, reclamation
or disposal steps applied to the waste. Oil reclaimed in a slop oil or other
oil recovery system is a reclaimed product and is not currently regulated.
However, petroleum refinery production units are not hazardous waste treatment
facilities.
Two exceptions to the oil reclamation process regulation exemption- applicable
to on-site management of K049 are:
1) Emulsion breaking in surface impoundments or other earthern devices
constitute storage of a hazardous waste and require a permit since
there is no 90-day exemption for storages in those units.
2) Emulsion breaking or storage in tanks are subject to permitting if
storage exceeded 90 days.
Shipment of oily emulsions off-site constitutes transport o-f a hazardous
waste. Any final mixture of emulsion and solids that is not reclaimed is
regulated as a hazardous waste.
Off-site recipients of the emulsion are required to notify, complete the
manifests and obtain permits for storage tanks and any other devices not directly
involved in the reclamation process. The reclamation process itself not currently
regulated. Non-reclaimed emulsion is a hazardous waste.
-------
9441.35 (84)
u£C T :934
NJ
OS
MEMORANDUM -g
.< H
SUBJECT: November 20th Meeting with Texas Department of Water 'g
Resources (TDWR) and Texas Mid-Continental Oil «
and Gas Association (TMOGA) ^
/s/ Jack 71. McGraw ^
FROM: Jack McGraw -••»« • • «
Deputy Assistant Adainistrator w
Ut
TOt Dick Whittington .• • . ^*
Regional Administrator, Region VI i
• ' *•
...... '. NJ
I enjoyed the opportunity to aeet with you, Charles •-
Nemir, and his associates from TDWR, and the representatives T
from TMOGA on Hoveaber 20. Hopefully, our conversations g
clarified any confusion that may have arisen with respect i
to the scope of current regulation of oil/water emulsions ™
generated by refinery wastewater systems. In the way of a ^
follow up to the meeting, I thought that it might be useful M-
to summarize the coain points that were made. £•
• - - . os
First, with respect to the question of which emulsions o
are hazardous wastes, the answer is relatively straightforward. S
Slop oil emulsion solids are generated in the first vessel °°
where the oil/water emulsion is allowed to stratify. The
emulsion layer that forms is the listed hazardous was-te
(K049-Slop oil emulsion solids from petroleum refineries)
independent of the subsequent treatment, storage, reclamation
or disposal steps to be applied to the waste. Consequently,
whether K048 (Dissolved air flotation float) is added to
this mixture is irrelevant, since the material is already a
listed hazardous waste. Cn the other hand, the oil reclaimed
in a slop oil or other oil recovery system is a reclaimed
product and is not currently regulated. Consequently,
petroleum refinery production units are not hazardous waste
treatment facilities.
Turning to the subject of regulations applicable to
the on-site management of K049 , the oil reclamation process
is presently exempted from regulation with two exceptions.
Emulsion breaking in surface impoundments or other earthen
devices would constitute storage of a hazardous waste.
-------
Such units vould require a permit since there ia ho 90 day
exemption for atorage in those units. On the other hand,
emulsion breaking or atorage in tanks vould be subject to
permitting only if storage exceeded 90 days (provided the
requirements of S262.34 are complied with). •- •' ' -
.'..'*.. • .*'•••
Generators of K049 also need to be avare that the
shlpaent of oily emulsions off-site constitutes transport
of a hazardoua vaste, regardless of the intended recipient
or their plans-'for the vaste. • Furthermore, although it '. 2
was not an issue at the meeting, any final mixture of
emulsion and solids that ia not reclaimed la regulated as
a hazardoua vaste.
.-. ... Turning to the off-site recipients'of the emulsion,"'
they are receiving a hazardoua vaste. .Therefore, they are
required to notify, complete the manifests, and obtain permits
for atorage tanks .and any other devices that are'not directly
involved in the reclamation process. However, the reclamation
process ia not currently regulated. Ron-reclaimed emulsion
(even if it la .reclaimable) is a hazardous waste*';
s • • •* ' •* **'•*.-••-* ' • *• ^
'..'"-^;'••: In closing, l«t me again say that we were pleased to -
b« of assistance. ;Do not hesitate to contact "ae-"or"&•'•«-.'
Matt Straus of our staff, if you should require further ;•
assistance in this, or other matters.
cc: • Regional Administrators I-X
John Skinner
Matt Straus
Francine Jacoff
Ben Smith i
------- |