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) ------- |