oEPA
                United States
                Environmental Protection
                Agency
            Office of
            Solid Waste and
            Emergency Response
DIRECTIVE NUMBERr 9453.02(85)

TITLE:  Exclusion From RCRA Permitting Requirements for
      Less Than 90-Day Accumulators of Dioxin-Containing
      Wastes

APPROVAL DATE:  3-12'85

EFFECTIVE DATE:  3-12'85

ORIGINATING OFFICE: office of solid waste

D FINAL

D DRAFT

 STATUS:
                            [  1
                            (  ]
                            t  ]
               A- Pending OMB approval
               B- Pending AA-OSWER approval
               C- For review 4/or content
            [ ]  D- In development or circulating

REFERENCE (other documents):       headquarters
  OSWER      OSWER      OSWER
VE   DIRECTIVE   DIRECTIVE    Dl

-------
PART 262  SUBPART C - PRE-TRANSPORT REQUIREMENTS
                                                 DOC:  9453.02(85)
Key Words:

Regulations

Subject:


Addressee:


Originator:

Source Doc:

Date:

Summary:
Listing, Accumulation Rule, Dioxin

40 CFR 262.34

Exclusion From RCRA Permitting Requirements for Less Than
90-Day Accumulators of Dioxin-Containing Wastes

Alex Katona, Occidental Chemical Corporation, 360 Rainbow
Boulevard South, Box 728, Niagara Falls, NY 14302

Matthew A. Straus, Chief, Waste Identification Branch

#9453.02(85)

3-12-85
     Wastes resulting from laboratory operations such as contaminated clothing^
glassware, etc., are not currently subject to the dioxin hazardous waste listing.
However, the unused portions of EPA hazardous wastes used to conduct lab analyses,
are subject to the dioxin listing.

     Generators may store dioxin wastes on-site in accordance with Section
262.34 for less than 90 days, provided the wastes are stored in either a tank
or container.  Any waste not shipped off-site under the conditions specified
above (i.e., stored in a tank or container for 90 days or less) is subject to
the RCRA permit requirements.  All other wastes (i.e., non-dioxin containing
wastes) generated at the facility and shipped off-site in less than 90 days
(provided the wastes are stored either in a tank of a container), however, are
subject only to RCRA requirements in 40 CFR 262.34.

-------
                                                          9453.02 (85)
                                                                     I .
                                                                    tn
Dr. Alex Katona          '               MAR  1 2 I9S5                  g
Occidental Chemical Corporation                                     \
360 Rainbow Boulevard South                                         £j
Box 728                                             '                "
Niagara Falls, New York  14302                                      r
                                                                    M .
                                                                    z
Dear Dr. Katona:                                                    ^
                                                                    o
     Thank you for your letter of February 5, 1985, which           \
was referred to me by Dr. Bell in.  In your letter, you              *
state that the Grand Island, NY Research and Development            u» .
Laboratory Complex of Occidental Chemical Corporation                oo
performs analytical work on samples that contain TCDD.               {£
The laboratory, therefore, generates laboratory wastes               t-_
consisting of used rubber gloves, contaminated disposable           ^
clothing, used disposable glassware, etc. that are     .              ^
contaminated with TCDD at the ppt level.  You requested              w-
clarification of certain questions relating to RCRA                  »
permitting requirements.                                            ^
                                                                     o
     Before we respond to your specific questions, however,          ST
we would like to clarify the scope of tne listing.  In               *"
particular, wastes resulting from laboratory operations              *-*
such as contaminated clothing, glassware, etc., are not              o
currently subject to the dioxin hazardous waste listing.*            £
Unused portions of the specific EPA hazardous wastes that            °
are analyzed by a laboratory however, are EPA hazardous
waste and are subject to the new regulation.  With this in
mind, the answers to your questions are as follows:

     0  Is the exclusion (40 CFR 262.34) from the RCRA
        permitting requirements available for generators
        who accumulate dioxin-containing hazardous waste on-
        site for less than 90 days?

        -  Yes.  Generators who store their wastes in either
           a tank or a container and are able to ship their
           waste off-site within 90 days can take advantage
           of the requirements in 40 CFR 262.34 (i.e. , they
           do not need a RCRA permit).
   Although these wastes are not  currently  included  in
   the January 14, 1985 dioxin  listing, we  would  suggest
   that you manage them in a very careful manner  (i.e.,
   as if they were listed wastes).

-------
     a   If  we  determine  that  we  cannot realistically  take
        advantage  of  the less-than-9U-da/-accumulation-tine
        exclusion  tor dioxin-containing waste,  we will  also
        bo  required  to subnit a  Part A application tor
        Interim Status otorayo of the other  hazardous waste
        that we generate in  th«  laboratory complex and  which
        we  have been  shipping to date without noed .for  an
        Interim Status permit?

        -  No.   Any  waste that you are aDle  to  sni^ ott-site
           witnin  90  days that is storod in  either a  tank  or
           a container can still take advantage of he require-
           ments in  40 CFR 262.34, whether or not you need a
           permit  for any other  part of your operation.

     I  hope this answers your questions.  If you need
further clarification, you may wish to call  Dr. rtellin  at
(202) 382-4787.

                         Sincerely,
                     Matthew A.  Straus
                           Chief
           Waste Identification  Branch (WH-5623)

-------