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 ------- 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. ------- 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^ ^.^ I.......... 1 !..„,. t . ..; :l • I..... ------- -3- 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 ------- |