UniMdStMM
Environment*! Protection
Agency
Off ic« of
Solid Wast* and
Emergency Response
&EPA
DIRECTIVE NUMBER: 9444.02(80)
TITLE: Wastewater Prom Refineries
APPROVAL DATE: 11-13-80
EFFECTIVE DATE: ii-u-so
ORIGINATING OFFICE: office of solid Waste
El FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or DAA
D B — Signed by Office Director
DC — Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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PART 261 SUBPART D - LISTS
DOC: 9444.02(80)
Key Words:
Regulations
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Refinery Waste, Mixture Rule
40 CFR 261.31, 261.32, 261.3(a)(2)(ii)
Wastewater From Refineries
John D. P. Wright Independent Valley Energy Co., 1100 Milam
Building, Houston, Texas
Gary M. Dietrich, Associate Deputy Assistant Administrator for
Solid Waste
#9444.02(80)
11-13-80
The wastewater from a proposed refinery is not a hazardous waste because
it is not listed in §§261.31 or 261.32 of the regulations, nor does it contain
(by mixture) any of the hazardous waste listed in these sections. In addition,
the refinery wastewater does not exhibit any of the Part 261 characteristics of
hazardous waste. Therefore, this wastewater would not be subject to RCRA
regulation and the submission of a Part A application would not be necessary.
If any hazardous waste generated by the refinery is discharged and mixed with
the refinery wastewater, it will cause the wastewater to became a hazardous
waste pursuant to the mixture rule [§261.3(a)(2)(ii)] and would thus be subject
to RCRA regulations.
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9444.02 (80)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
NOV 1 3 1980
Mr. John D. R. Uright
Independent Valley Energy
Cornpany
1100 Milan Building
Suite 3765
Houston, Texas 77002
Dear Mr. Wright:
This is in response to Mr. Finis E. Carleton.'s letter to ne
dated October 28, 1950 (copy attached). In his letter Mr. Carleton
asks for verification of his interpretation of our RCRA Hazardous
v.'aate Management Regulations With respect to wastes that will b«
generated by a refinery your firm intends to build in Baksrsfield,
California. Eased on the facts presented in his letter, I conclude
:hat -Mr. Carlston has reached correct interpretations of our
regulations.
It appears that the refinery vastewater to be treated is not a
hazfirdouG waste because it is not listed in §§261.31 or 261.32 of the
regulations, does not contain (by nixture) any of the hazardous wastes
listed in f$261.31 or 261.32, or does not exhibit any of the; hazardous
wacte characteristics identified in Subpart C of Part 261 of the
rcr.ulaticns. As such, this wastewat.er would not b<» subject to our
regulations and it would not be necessary to submit a Port A arplication
on "ovenber 19, 1980, or obtain interim status in accordance with
$122.23. I would hasten to point out, however, that if any of the
three hazardous wastes to be generated by the refinery (K043, KO49 and
K051) ars discharged intovand nixed with the refinery wastewater, they
v/ill cause the wastewater to be a hazardous waste—in accordance with
the mixture rule of §261.3(a)(2)(ii)—and, thereby, subject to our
RCRA regulations.
It appears that one of the hazardous wastes to be generated by
your refinery—namely skimmings frosa the air floatation unit (KO43)—
will be recycled to the coker after accumulation or storage in. the
slop oil tank. Although the recycling of this waste is not now
subject to our regulations (sea §261.G(a)), the storage cf this vaste
in the slop oil tank is now subject to our regulations because it is
of a listed hazardous waste (see §2Gl.f>(b)). P.s the regulations
now writt«n, the slop oil tank would have to be remitted or have
CONCURRENCES
SOU I
NAMC^
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I hopo that I have been helpful in this response. I regret that
cur reyulatiohs are so conplicated but believe that this complexity
is caused by the complexity of the problem being regulated. If I can
be of any further assistance* please call or, prcfarrably, contact:
Arnold Den
Chief, Harardous Katerials Branch
215 Fremont Street
San Francisco, California 94105
(415) 556-4606
Sincerely yours,
Gary H. Dietrich
Associate Deputy Assistant Administrator.
for Solid vraste
Enclosure
cc: Finis E. Cnrleton
bcc: Arnold Den
V7H:GDietrich:bm: 11/10/80
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