3EPA
               United States
               Environmental Protection
               Agency
            Off tee of
            Solid Waste and
            Emergency Response
DIRECTIVE NUMBER.- 9451.02(85)

TITLE: Activities That Constitute Hazardous Waste
     Generation
                APPROVAL DATE:  7-30-85

                EFFECTIVE DATE:  7-30-85

                ORIGINATING OFFICE: office of Solid Wa8te

                Q FINAL

                D DRAFT

                 STATUS:     i i
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 PART 262   SUBPART  A - GENERAL
                                                DOC: 19451.02(85)-
 Key  Words:     Characteristics  of  Hazardous  Waste

 Regulations:

 Subject:       Activities  That  Constitute Hazardous  Waste Generation
 Addressee:


-Originator:

 Source  Doc:

 Date:

 Summary:
Robert Renkes, Petroleum Equipment Institute, P.O. Box 2380,
Tulsa, Oklahoma 74101

Christian N. Hill

#9451.02(85)

7-30-85
      This  letter describes  the  general  hazardous  waste  regulations  that  generators
 need  to apply  in determining  whether  the  waste  they  produce  is hazardous.

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                                                                        (0
Mr. Robert Renkes
Petroleum Equipment Institute
P.O. Box 2380
Tulsa, Oklahoma  74101
                                                                        o
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to determine whether or not they produce hazardous waste; how-          w
ever, I must stress that each waste generating situation often
Dear Mr.~ Renkes;     -                                                   ^
                                                                        a
     With reference to our recent telephone conversation, the           w
determination of specific activities that constitute hazardous          ^
waste generation can often be complicated.  I would like to             £
clarify the general requirements that will allow your members
                                                                        CO

requires individual interpretation, and that the ultimate               *.
responsibility for making such a determination rests with the           ^
generator.  Furthermore, hazardous waste regulation^varies              i^
considerably from State to State, meaning that your members             -j
should also contact their respective state hazardous waste              ^
management agencies to be certain that they are in compliance.          <=>
                                                                        CO
     To begin the discussion with tank trucks and underground           *•"
storage tanks, assuming that a steam cleaning process is
used (i.e., the cleaning solution itself is not hazardous),
the hazardousness of the waste stream produced is dependent
on the original contents of the tank, as well as whatever
else happens to be in the tank (i.e., sludge, dirt etc.).
Under current regulations, if the tank contains a listed
hazardous waste, or a waste which meets one of the EPA defined
characteristics of hazardous waste (see enclosed 40 CFR Part
261) /in a quantity of less than 1000 kilograms* (2200 pounds),
then unless the resultant mixture meets a characteristic of
hazardous waste, that original quantity only is counted as
hazardous waste, while any non-hazardous cleaning fluid
added to it is not counted.  If, however, other hazardous
waste, ift produced at the site of generation such that the
total qfuiantity generated exceeds the 1000 kg/mo exclusion
level,(then any waste that is a mixture of a listed hazardous
*Acutely hazardous wastes are subject to different quantity
 exclusion levels—see 40 CPR 261.5(e).

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waste and a cleaning solution is also counted as hazardous,
even though the mixture itself may not exhibit a characteristic
of hazardous waste (there are some exceptions to this rule—
see 40 CFR 261.3 for more detail).  In this case, all of the
waste that is counted as hazardous is subject to full regulation
under RCRA.

     To use your example, since gasoline is hazardous because of —
its characteristic of ignitability, and technically does not mix
with water, if 99 gallons of water are used to remove 1 gallon
of gasoline from a tank, only the gasoline is counted as
hazardous waste, while the water is not.  Similarly, a sludge
that exhibits a characteristic of hazardous waste, and is
removed from a storage tank,, is counted as hazardous, while
any cleaning fluid is not, unless the resulting mixture itself
exhibits a characteristic of hazardous waste, in which case the
entire mixture is counted.  A listed hazardous waste is always
counted as hazardous, and if the total quantity of hazardous waste
generated at a site exceeds 1000 kg/mo, then any cleaning fluid
that has been mixed with a listed hazardous waste is, in most
cases, also counted as hazardous.

     In regard to contaminated soils and clean-up of spills, I
cannot be as specific.  Analysis of each situation involves
a number of factors, including the type and quantity of
material that is spilled, the characteristics of the soil,
the method of clean-up, and the manner in which the resulting
waste is disposed of.  In these cases, I would suggest that your
members contact their State, or the EPA RCRA/Superfund Hotline,
at (800) ,424-9346, for further information.  For spills
involving used or waste oil, EPA currently does not regulate
used oil as a hazardous waste unless it is mixed with another
material such that it exhibits a characteristic of hazardous
waste.  The Agency is, however, planning to list used oil
as a hazardous waste in the near future, and some States
already regulate used oil as a hazardous waste.  For additional
information on requirements for used oil, contact Michael
Petruska, Waste Treatment Branch, (202) 382-7935.

     Determination of the actual establishment that is responsible
for generating a hazardous waste is based oh the physical
location at which the waste is generated.  A waste generating
operation or activity that is carried out at one of your
member's own facilities would of course make the owner of
that facility a hazardous waste generator.  Such activities
may include cleaning, repair work, or manufacturing, depending
on the processes and materials utilized.  On the other hand,
the party responsible for proper management of waste that is
generated at another facility (e.g. a gasoline service station)
is the owner/operator of that facility.  For example, if one
of your members is contracted to clean out a storage tank at

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 a gasoline  station,  then  the  owner of that gasoline station
 is  responsible  for ensuring proper disposal of any hazardous
 waste  that  is generated.   In  any case, the responsible establish*
(rnent would  be required to comply with any applicable RCRA
 regulations for generators of hazardous waste, as well as
 applicable  provisions of  the  new RCRA amendments, as described
 in  the enclosed pamphlets and the brochure that you received
 earlier.

     EPA  is currently in  the  process of developing proposed
 regulations for generators of between 100 and 1000 kg of
 hazardous waste per  calendar month, and we are-hoping to
 publish them in the  Federal Register in early August.  These
 regulations, when finalized, will of course change the afore-
 mentioned 1000  kg/mo exclusion level to 100 kg/mo.  Once
 you have determined  the extent to which hazardous waste is
 generated in your industry, I urge you to review our proposal
 and comment accordingly.

     I hope this clarifies the method by which wastes are
 counted as  hazardous.  As you can see, different situations
 requite different interpretations, and contact with State
 hazardous waste management agencies is essential.  If you have
 any further questions or  desire additional information, please
 do  not hesitate to contact me at (202) 382-4779.

                                Sincerely,
                                Christian N. Hill
                                Environmental Scientist

Enclosure

cc:  Michael Petruska
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