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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                                   -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

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