oEPA
United States
Environmental Protection
Agency
Off ice of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9444.03(81)
TITLE: Clarification of Hazardous Waste Listing K052
APPROVAL DATE: 6-6-81
EFFECTIVE DATE: 6-6-si
ORIGINATING OFFICE: office of Solid waste
Q 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: 9444.03(81)
Key Words:
Regulations
Subject:
Addressee:
Originator:
N
Source Doc:
Date:
Summary:
Leaded Tank Bottoms, Refinery Wastes
40 CFR 261.31, 261.32, 262.11
Clarification of Hazardous Waste Listing K052
Ed Keough, Continental Pipeline, P.O. Box 2197
Richmond Tower, Houston, Texas 77001
Alfred W. Lindsey, Deputy Director, Hazardous and
Industrial Waste Division
#9444.03(81)
6-6-81
The hazardous waste listing K052 is limited to only those leaded tank
bottoms which are generated at or as part of a petroleum refinery. The leaded
bottoms are subject to control as hazardous waste when they are removed from
the tanks. Pursuant to §261.11, the responsibility ultimately lies on the
generator to determine whether this waste exhibits hazardous waste character-
istics.
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9444.03 (81)
OFFICE OF SOLID WASTE
JUN & 198!
Mr. Ed Keough
Continental Pipeline
P.O. Box 2197
Room 600
Richmond Tower
Houston, Texas 77001
Dear Mr. Keoughs
This letter is in response to your request for a
clarification of the hazardous waste listing K052, "Tank
bottoms (leaded) from the petroleum refining industry." In
our telephone conversations, you indicated that your company,
as well as other pipeline companies, generate leaded tank
bottoms at bulk terminals, distribution points, etc., which
are not part of a refinery. Therefore, it was not clear to
you whether the listing K052 included all leaded tank bottoms
generated by the petroleum industry or just those specifically
generated at a petroleum refinery.
As you had discussed with Matt Straus, of my staff, on
the telephone, the hazardous waste listing R052 is limited
to only those leaded tank bottoms which are generated at or
as part of a petroleum refinery. A petroleum refinery is
described in the listing background document as a "...complex
combination of interdependent operations engaged in the
separation of crude oil by molecular cracking, molecular
rebuilding and solvent refinishing, to produce a varied list
of intermediate and finished products..." [Background Document:
SS261.31 and 261.32 - Listing of Hazardous Wastes (Pinalizaticn
of May 19, 1980 Hazardous Waste List), November 14, 1980, p.
685.] Therefor*, only leaded bottoms from those tanks (i.e.,
tank farm) which are directly part of a petroleum refinery
(i.e., used to store product/crude prior to shipment off-site)
and which generate leaded bottoms would be currently covered
by the listing* These leaded bottoms are subject to control
as hazardous wastes when they are removed from the tanks.
This we believe is made clear in reading the listing background
document which defines the scope of the listing.
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This, however, does not mean that your bottoms are non-
hazardous. Each generator is ultimately responsible for
determining whether this waste exhibits any of the charac-
teristics of hazardous waste (i.e., ignitability, corrosivity,
reactivity and EP toxicity) as provided in 5262.11 of the
regulations. If the waste exhibits a hazardous waste charac-
teristic, the facility will be deemed a generator of hazardous
waste, and the waste must be managed in accordance with the
hazardous waste management regulations. In addition, if, in
further studies, the Agency determines that leaded tank bottoms
generated from other sources are also hazardous, the Agency
will amend the listing to include these sources under Subtitle
C control.
Please feel free to give me or Matt Straus of my staff
a call if you have any further questions. My telephone
number is (202) 755-9185 while Matt1a telephone number is
(202) 755-9187.
Sincerely yours.
Alfred W. Lindsey
Deputy Director
Hazardous and Industrial Waste Division (WH-565)
WH-565:MStraus:pes:x59187:5-30-81 Disk PS-51-02
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