oEPA
                 United States
                 Environmental Protection
                 Agency
 Office o*
 Solid Waste and
 Emergency Response
                 DIRECTIVE NUMBER:

                 TITLE:  Regulation of Wastewater Treatment Effluent from
                       Processes that Generate K001 and F006 Wastewater
                       Treatment Sludge

                 APPROVAL DATE:  7-25-84

                 EFFECTIVE DATE:  7-25-84

                 ORIGINATING OFFICE: office of solid waste

                 Q FINAL

                 D DRAFT

                   STATUS:
f  I
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 PART  261   SUBPART D - LISTS
                                                DOC:  9444.10(84)
•Key  Words:

 Regulations:

 Subject:


 Addressee:


 Originator:

 Source Doc:

 Date:

 Summary:
Wastewater Treatment, Wood Preserving

40 CFR 261.31, 261.32, 260.10, 264, 265

Regulation of Wastewater Treatment Effluent from Processes that
Generate K001 and F006 Wastewater Treatment Sludge

James H. Scarbrough, Chief, Residuals Management Branch, Air and
Waste Management Division

John H. Skinner, Director, Office of Solid Waste

#94494.10(84)

7-25-84
      K001  and  F006  listings include any sludges  derived  from the  treatment  of
 wastewater regardless  of  where  the  sludges  are formed, including  a  wastewater
 treatment  tank,  filtration device,  or surface  impoundment.   These wastewater
 treatment  units,  with  the exception of tanks that  treat  or  store  hazardous
 wastewaters as part of a  wastewater treatment  unit as  defined in
 §260.10, are subject to all hazardous waste regulations.

      Wastewater  streams from wood  preserving processes are  not currently listed
 as  hazardous and  would be subject  to.regulation  only if  they meet one  or more
 of  the  characteristics of a hazardous waste (§261.21-261.24).  Only the  waste-
 water treatment  sludges from these  processes are listed  as  hazardous

      A  wastewater that passes through a filter in  a treatment system is  still a
 wastewater (rather  than leachate)  regardless of  the fact  that the wastewater
 may pass through  listed material that has accumulated  in the treatment unit.

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                         25 Jin. J984
MEMORANDUM
SUBJECTi  Regulation of tfastewater Treatment Effluent from
          Processes that Generate K001 and F006 tfastevater
          Treatment Sludge

   FROM:  John H. Skinner, Ph.D.
          Director
 -..- .. ,   Office of solid waste
    •        *               ' •  *
   • -TOi - jaaes B. ficarbrough, Chief
          Residuals Management Branch
          Air aad Waste Management Division
     This »eao ia in response to your request dated May 21, 1984,
concerning regulation of EPA gazardous Haste Ho*. K001 and POOS.

     First, you requested clarification of the listings K001 and
F006 as to the scope of their coverage.  These listings include
any sludges derived from the treatment of vastewaters regardless
of where the sludges are formed.  Thus, if a sludge Is formed in
a vastewater treatment tank, filtration device, or surface impoundment,
it is K001 or P006 sludge.  These wastewater treatment units
would be subject to all hazardous waste regulations, including
appropriate permitting standards.*
   There  is an exception:  tanks tnat treat or store hazardous
   wastewaters are exempt from the part 264 and 265 Management
   standards when the tank is part of a wastewater treatment unit
   as defined in 5260.10.

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                                        -2-

'~----Too also'requested "clarification'df th« regulatory" status of
 the  effluents fro* a particular wood preserving facility.  The
 wastewater treatment train 1« illustrated schematically below:
 wood preserving
    Cylinder
     •A*
Mechanical oil/^ater
  Separator Tank
Flor

•a*
culaticn Tank

                    •T
                     *
 Spray Irrigation Field
   Holding Pond
Sand/Gravel Filtration Beds
 The effluents from the oil/water separator tank (*A*) and the
 chemical flocculation tank (*B*) are not classified as the
 listed hazardous waste K001 after the listed hazardous vastewater
 treatment sludges have settled out, even though some flocculated
 Material is carried along with the effluent stream,  when the
 Agency listed wastewater treatment sludges from wood preserving
 processes, the Agency differentiated between sludges which
 settle out from successive treatments of process wastewaters
 and the wastewater stream itself.  The wastewater effluents
 from these two tanks would, therefore, be subject to regulation
 only if they meet one or more of the characteristics of a hazardous
 waste, as set forth in $$261.21-261.24.

      This facility next uses a sand filtration surface impoundment
 (*C*) to treat the wastewater effluent after oil/water separation
 and flocculation.  The sand filter consists of two 20 x 20 x  15
 ft. surface impoundments, with natural clay bottoms, and sides
 constructed of preserved wood.  The wastewater is added to the top
 of these units and collected as an effluent from the bottom,  and
 sent to a holding'pond (*D*) where additional wastewater treatment
 sludges are generated.  Both the sand filter and the holding  pond
 would be subject to all hazardous waste regulations and permitting
 standards since they are surface impoundments used to manage  a
 hazardous waste (i.e., the sludge).

      The principal regulatory question presented by this sand
 filtration unit is whether the wastewater that passes through the
 unit loses its status as "wastewater* and becomes  "leachate"  because
 it percolates through the listed sludge that has been trapped in
 the unit.  We do not believe that the passage of a contaminated
 liquid (e.g., leachate, wastewater) through a filter should cause
 us to redefine what that liquid  is, even though the filter may change
 the chemical makeup of the contaminated liquid.  For purposes of our

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 regulatory definition*,  what comes out of a filter is the sane
 thing  that goes into the Jcilter* ,A vastewater that .passes through
 a filter in a treatment  system .is still a wastewatar.  That result
 is not changed by the fact that  the filter happens to be a sand bed
 and the wastewater emerges from  the bottom rather than the top of
 the treatment unit.* .

     The final step in the wastewater treatment system used by the
 wood preserving facility in question is a spray irrigation field
 (*B*).  We are currently investigating the status of  this unit to
 determine if it meets the definition of a land treatment unit, a
 surface impoundment, or  a landfill.  We expect to get back to you
 on this point in the near future.
t                  -                                       •*
^       ..               »•              -          ^ *..*.»

     The above discussion regarding wastewater treatment units,
 wastewaters, and the storage or  disposal of hazardous wastewater
 treatment sludges wastes is also applicable to other  .facilities
 generating similar wastes.
    It should be noted that this approach also prevents an operator from.
    placing a sand filter at the bottom of a landfill and then arguing
    that the liquid emerging frcn the bottom of the unit is no longer
    a'leachate.  Leachate emerging from waste in a landfill remains
    a leachate even after it has passed through a filter.
 WH-562B/CJENKINS/pes/475-855l/7-l2-84/Disk CJllOl

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