oEPA
              United States
              Environmental Protection
              Agency
Office of
Solid Waste and
Emergency Response
               DIRECTIVE NUMBER:  9938.1
               TITLE: Compliance Review Guidance for the Land Disposal
                   Restrictions Rule for solvents
               APPROVAL DATE:  ^prl 1987
               EFFECTIVE DATE:  **i 1967
               ORIGINATING OFFICE: OWPE
               B FINAL
               Q DRAFT
                LEVEL OF OR AFT
                  O A  Signed by AA or OAA
                  ED B  Signed by Office Director
                  D C  Review & Comment
               REFERENCE (other document*):
  OSWER      OSWER      OSWER
VE   DIRECTIVE   DIRECTIVE    Dl

-------
l&EPA

Name of Contact Parson
Victor Havs
United States Envjrc-----"' -:-r- 	 :---
W... ........ . . _.-...
OSWER Directive Initiation Reauest
1 . Directive Number
9938.1
2. Originator Information
Mail Code
WH-527
Office
OWPE
Telephone Number
475-9328
   Final Compliance Review Guidance for the Land Disposal Restrictions Rule for
   solvents
  . Summary of 0\t9U(ve/Include briei statement gf purpose)
   The LDR Compliance Review Guidance document is intended to provide guidance
  . to inspectorson how to determine a facilities compliance'with the LDR Rule
   as part of a Compliance Evaluation Inspection (CEI).
  5. Keywords
   LDR, Compliance Review Inspection
  6a. Does this Directive Supersede Previous Directives)?  \_J Yes  [JJ No  Wnat *'ive (number, title)
  b. Does It Supplement Previous Directive(s)? Q Yes  |] No  What Directive (number, title)
  7, Draft Level

   DA  Signed by AA/DAA  U B  Signed by Office Director
C  For Review & Comment
In Development
  This Request Meets OSWER Directives System Format
8. Signature of Lead Office Directives Coordinator
*
9. Name and Title of Approving Official
Date
Date
9S WER         OS WER         OS WER
      DIRECTIVE      DIRECTIVE

-------
                                          OSUER  9938.1
       INSPECTION MANUAL
             RCRA

LAND DISPOSAL RESTRICTIONS RULE

              FOR

   F001-F005  (SOLVENT) WASTES
                   Office of Waste Programs Enforcement
                   Environmental Protection Agency

                   April, 1987

-------
                                                             OSVER 9938.1


                         TABLE OF CONTENTS
STATUTORY AND REGULATORY OVERVIEW	   1-1

1.1  THE BANS AND RESTRICTIONS	   1-1
1.2  F-SOLVENT IDENTIFICATION	   1-1
1.3  EXTENSIONS AND EXEMPTIONS	   1-2

     1.3.1  National Capacity Variance	   1-2
     1.3.2  Case-by-Case Extension	   1-2
     1.3.3  Qualified Exemption for Storage in Tanks and
            Containers	   1-3
     1.3.4  Qualified Exemption for Treatment in a Surface
            Impoundment	   1-3
     1.3.5  "No Migration" Exemption	   1-4
     1.3.6  Delisting	   1-5

1. 4  HANDLER REQUIREMENTS	   1-5

     1.4.1  Generator Requirements	   1-5
     1.4.2  Transporter Requirements	   1-7
     1.4.3  Storage Facility Requirements	   1-7
     1.4.4  Treatment Facility Requirements	   1-7
     1.4.5  Disposal Facilities	   1-8

MAJOR CONCERNS VITH REGARD TO ENFORCING THE F-SOLVENT LAND
DISPOSAL BAN	   2-1

2.1  F-SOLVENT IDENTIFICATION BY GENERATORS	   2-1

     2.1.1  Possible Misclassifiction of Solvent Wastes	   2-3
     2.1.2  F003 Spent Nonhalogenated Solvents	   2-3
     2.1.3  Solvent Mixtures	   2-4
     2.1.4  Regulation of Residuals from Exempt Treatment
            Processes	   2-4
     2.1.5  Implementation of Generator Testing Requirements..   2-5
     2.1.6  Treatability Group Identification	   2-6
     2.1.7  Oversight of Wastes Claimed to be Eligible for
            National Capacity Variances	   2-6

2.2  F-SOLVENT WASTE MANAGEMENT AT TSDs	   2-6

     2.2.1  Waste Analysis Concerns at TSDs	   2-7
     2.2.2  Treatment Surface Impoundment Exemption	   2-8
     2.2.3  Technology Requirements for "Extension" of Wastes.   2-9

SUPPORTING EVIDENCE	   3-1

-------
                                                                  OSVER 9938.1


                        TABLE OF CONTENTS (Continued)

                                                                     Page

4.   LAND DISPOSAL RESTRICTIONS CHECKLIST

          PRE-INSPECTION REVIEW	   4-1

                 Generator Pre-Inspection Review	   4-2
                 Transporter Pre-Inspection Review	   4-3
                 TSDF Pre-Inspection Review	   4-4

          GENERATOR CHECKLIST	   GEN-1
          TRANSPORTER CHECKLIST	   TRAN-1
          TSDF CHECKLIST	   TSDF-1

                                  APPENDICES

APPENDIX A - SOLVENT IDENTIFICATION CHECKLIST

APPENDIX B - TREATMENT STANDARDS

APPENDIX C - LIST OF U WASTES

-------
                                                                  OSVER 9938.1

             SOLVENT LAND DISPOSAL RESTRICTIONS INSPECTION MANUAL

                     1.   STATUTORY AND REGULATORY OVERVIEW

     Sections 3004 and 3005 of RCRA provide for the banning of land disposal
of various hazardous wastes on a specified schedule and for possible
extensions and variances.  This chapter describes the basic statutory and
regulatory framework for the land disposal restrictions program from an
enforcement perspective.


1.1  THE BANS AND RESTRICTIONS


     The Agency must ban or, subject to limitations, restrict the land
disposal of hazardous wastes listed or identified under RCRA by May 9, 1990.
The ban provisions are set out in sections 3004(d) through 3004(k), 3004(m)
and 3005(j)(ll) of RCRA, as amended.  F-solvent (F001 through F005) wastes
were banned from land disposal effective November 8, 1986,  The prohibitions
and restrictions are set forth in 40 CFR Part 268 and in revisions to 40 CFR
Parts 260-265 and 270 (51 Federal Register 40636 et. seq.).


     The prohibition on land disposal of F-solvent wastes does not apply to
land disposal at subtitle C facilities if the waste concentrations do not
exceed treatment standards [referred to as Best Demonstrated Available
Treatment (BOAT) standards], or if the wastes are treated to concentrations
that do not exceed those standards.  In addition, F-solvent wastes that exceed
the treatment standards may be placed in land disposal units if allowed by one
of several extensions of the effective data of the ban or by exemptions from
the ban.


     In determining  the applicable requirements, the inspector must first
determine if the waste is an F001-F005 solvent waste, whether the waste is
restricted as  a result of constituent concentrations, and if one of several
extensions or exemptions apply.  If the F-solvent waste exceeds the treatment
standards and is not exempted by an extension or exclusion (i.e. it is
restricted), it must be managed in accordance with all the requirements of the
restrictions program.  F-solvent wastes that do not exceed treatment standards
are also subject to  various requirements.

1.2  F-SOLVENT IDENTIFICATION

     Handlers of F solvent wastes should have notified the Agency or State of
their management of  such wastes by submitting Form 8700-12, Part A and/or Part
B applications.  Consequently, any handler that notified by these mechanisms
is a potential inspection target.  In addition, these or other handlers may
also generate or manage F-solvent wastes but, as explained in Section 2.1.1,
may have mislabeled  or misclassified these wastes.
                                      1-1

-------
                                                                  OSVER 9938.1

1.3  EXTENSIONS AND EXEMPTIONS

     The statute authorizes certain extensions and exemptions.  These include
national capacity variances and various waste or site-specific extensions
and/or exemptions.  Application for these exemptions/extensions shall be
reviewed by EPA Headquarters.  The regulations do not limit a vaste handler to
one extension or exemption.  The various extensions and exemptions are
explained belov.


1.3.1  National Capacity Variance

     The statute authorizes the Administrator to extend the statutory date of
a land disposal ban up to tvo years if necessary to develop sufficient
national capacity for alternative treatment, recovery, or disposal.  Although
the statutory effective date of the ban on land disposal of F-solvent vastes
was November 8, 1986, the Administrator has established a national capacity
variance to allow certain solvent-containing wastes to continue to be land
disposed until November 8, 1988.  {268.30.  Vastes receiving the two year
national capacity variance are:


     1.  Solvent wastes generated by small quantity generators of hazardous
         waste (100-1000 kg/mo) (SQGs)

     2.  Solvent wastes generated from RCRA corrective or CERCLA response
         actions (extended in addition to soil and debris under RCRA
         (3004(e)(3))

     3.  Solvent-water mixtures or solvent containing sludge or solvent
         containing soil (non CERCLA/RCRA corrective action) containing less
         than one percent total F001-F005 solvent constituents.


1.3.2  Case-by-Case Extension


     RCRA { 3004(h)(3) and 40 CFR { 268.5 allow the Administrator to extend
the effective data of a land disposal ban up to two years (in one-year
increments) if a handler (a generator, treater, storer, or disposer)
demonstrates, among other things, that:  (1) it has made a good faith effort
to locate and contract with treatment, recovery, or disposal facilities
nationwide to manage its waste; (2) it has made a binding contractural
commitment to construct or otherwise provide alternative capacity; and (3) due
to circumstances beyond the handler's control, the capacity cannot be made
available by the effective date.


     The full Part 268 restrictions apply to the handler until an extension is
formally granted and appears in the Federal Register.


     If an extension is approved by the Administrator, the handler must
provide reports, at intervals designated by the Administrator, demonstrating
                                      1-2

-------
                                                                  OSVER 9938.1

progress toward constructing or otherwise providing treatment, recovery or
disposal capacity.  The Administrator may revoke the extension if the facility
fails to demonstrate "good faith" in proceeding along the designated schedule.
During the period of the extension, certain requirements govern the disposal
of F-solvent wastes.  These requirements appear in { 268.5(h) and include
requirements that the waste may be disposed in a landfill or surface
impoundment only if new units, lateral expansions and replacements at the
facility are in compliance with the minimum technology requirements and
Subpart F requirements of 40 CFR Part 264 or 265 as applicable.


1.3.3  Qualified Exemption for Storage in Tanks and Containers


     Storage of prohibited F-solvent wastes that do not meet the treatment
standards is allowable in tanks or containers only for the purpose of
accumulating enough waste to facilitate proper recovery, treatment, or
disposal (RCRA { 3004(j); 40 CFR { 268.50).  The storage exemption is presumed
to be exceeded after one year of storage.  It is available to an interim
status or permitted storage facility, to a generator accumulating hazardous
waste on-site in accordance with { 262.34 (generally 90 days for large
quantity generators, and 180/270 days for small quantity generators), or to a
transfer facility storing for less than 10 days.  Generators may only store
hazardous wastes longer than 90 days if they also maintain or obtain permitted
or interim status as a storage facility under RCRA.  See Section 1.4.3 for a
further discussion of storage requirements.  Storage restrictions do not apply
to a waste during the period of an applicable national variance or case-by-
case extension.  Surface impoundments are land disposal facilities ({3004(k))
and may not be used for wastes that exceed the treatment standards except as
noted below or for wastes subject to extensions; they may not otherwise be
used for "storage".


1.3.4  Qualified Exemption for Treatment in a Surface Impoundment


     Section 268.4(a) provides that a prohibited waste that exceeds the
treatment standards may be placed in a surface impoundment if:  (1) treatment
occurs in the impoundment; (2) the supernatant and sludge residues are
analyzed to determine whether they meet applicable treatment standards, and
treatment residues not meeting the treatment standards are removed at least
annually, but not placed in a surface impoundment; (3) the impoundment meets
minimum technology design and groundwater monitoring requirements (exceptions
discussed below) and (4) the owner or operator submits a written certification
to the Regional Administrator stating that the above requirements have been
met and submits a waste analysis plan.  Detailed requirements are set forth in
the rule.  These requirements do not apply during the period of a national
variance or case-by-case extension, e.g., the two year extension for mixtures
less than one per cent solvent.


     For the purposes of the treatment surface impoundment exemption, the
minimum technology requirements apply to all surface impoundments, new or
existing.  However, { 268.4(a)(3) provides that treatment surface impoundments

-------
                                                                  OSVER 9938.1

not meeting the minimum technology requirements may still treat wastes that
exceed treatment standards if, in addition to the requirements summarized
above:

     (i)   the unit has been granted an exemption from double liner
           requirements in concert with 264.221(d), 264.221(e), 265.221(c), or
           265.221(d); or

     (ii)  the unit has been granted a vaiver of the requirements as a result
           of the facility's demonstration that:  it has at least one liner
           for which no evidence exists that the liner is leaking; the
           impoundment is greater than one-quarter mile from an underground
           source of drinking water; and the unit is in compliance with
           Subpart F of Part 264 ground-water monitoring requirements; or

     Ciii) the unit has been granted a modification to the requirements on the
           basis of a finding that there will be no migration of any hazardous
           constituent into ground-water or surface water at any future time.

Unlike the case-by-case extension, "no migration" petition, and delisting
petition which require the approval of the Administrator to be effective,  the
treatment surface impoundment exemption is self-effectuating, except that  if
it relies on a minimum technology waiver, that waiver must have been approved
formally by the Administrator.


     Several constraints are imposed on the facility's, residue "removal"
practices as stated above.  Removed residues may not be placed in any other
surface impoundment for subsequent treatment.  In addition if the volume of
liquid flowing through the impoundment (or series of impoundments) on an
annual basis is greater than the capacity of the impoundment(s), this flow
through constitutes removal of the supernatant.


1.3.5  "No Migration" Exemption


     Section 3004(d) of the Act allows the Administrator to exempt a specific
land disposal unit from a ban if it is demonstrated ". . . to a reasonable
degree of certainty, that there will be no migration of hazardous constituents
from the disposal unit or injection zone for as long as the wastes remain
hazardous."  Section 268.6 of the regulations establishes the elements that
must be included in a petition for the exemption.  Until an extension is
approved and appears in the Federal Register, the full Part 268 restrictions
apply.  The term of the exemption cannot exceed ten years if the facility  is
in interim status or the  term of the applicable RCRA permit.  The term of  any
granted petition will expire under any of the following conditions:  (1) upon
termination or denial of a RCRA permit; (2) upon termination of interim
status; or (3) when the volume limit of waste to be land disposed (as it
appears in the Federal Register) during the term of the exemption is reached.
                                      1-4

-------
                                                                  OSWER 9938.1

1.3.6  Delisting


     Once delisted, an F-solvent waste is no longer considered a hazardous
waste under RCRA and is no longer restricted from land disposal.


1.4  HANDLER REQUIREMENTS


     The regulations place certain requirements on generators, transporters,
and TSDFs.  These requirements, which generally are set forth in 40 CFR Part
268, are discussed below.


1.4.1  Generator Requirements


     Generators of F-solvent wastes are required to (among others):

       Determine whether they generate F solvent waste,

       Determine waste treatability groups and treatment standards,

       Determine whether the F-solvent waste exceeds treatment standards,

       Provide for appropriate treatment and/or disposal *,

       Satisfy documentation, recordkeeping, notification, certification,
        packaging and manifesting requirements, and

       Satisfy applicable requirements if it is or becomes a TSDF.


     The F-solvent land disposal restrictions rule sets two different
treatment standards based on the waste's applicable "treatability group"
({268.41).  The first group of treatment standards corresponds to wastewaters
containing spent solvents.  The second group consists of "all other spent
solvent wastes."  The treatment standards for these two groups are expressed
in concentrations (in mg/1) of F-solvent waste constituents in the waste
extract (see 51 Fed. Reg. 40642, November 7, 1986).  However, the treatment
standard for wastevaters containing methylene chloride generated by the
pharmaceutical industry is slightly different from that for all other
*  If a waste that is only F003, which is listed solely because it exhibits
the characteristic of ignitability, is mixed with another hazardous waste or a
nonhazardous waste, and no longer exhibits the ignitable characteristic, the
mixed waste is not subject to the restriction program as F003.  (The waste may
still be subject to the restrictions program if the waste it is mixed with is
also a restricted waste).
                                      1-5

-------
                                                                  OSVER 9938.1

vastevaters containing methylene chloride.  In all groups, when vastes are
combined for treatment, the lowest treatment standard for the constituent of
concern must be met. *
     Section 268.7 of the rule requires that generators determine whether a
waste is subject to the land disposal rule and, if so, to determine whether
the F-solvent waste meets, the treatment standards, upon generation or after
treatment.  That is done on the basis of knowledge of the waste or by using
the Toxicity Characteristic Leaching Procedure (TCLP).  Waste analysis
requirements appear in {268.7.  A prohibition on dilution for the purpose of
achieving the treatment standards is set forth in (268.3.


     F-solvents may be land disposed if, upon generation or after treatment,
constituent concentrations do not exceed treatment standards.  (268.03(c)(l).
These standards are expressed as concentration limits in an extract of the
waste or in an extract of its waste treatment residue.  If treatment standards
are not met, land disposal is prohibited absent a successful petition.
({268.30(a)).


     Generators must document whether a waste meets treatment standards and
prepare records associated with the disposition of the waste.  Vastes that
meet treatment standards and that are sent directly from the generator to a
land disposal facility must be accompanied by a certification that the waste
meets the applicable treatment standards, and a notice combining:  the EPA
Hazardous Waste Number; the corresponding treatment standard, the manifest
number and waste analysis data (where available).  (268.7(a)(2).


     Waste that needs further treatment prior to land disposal which is sent
to an off-site treatment facility must be accompanied by a notice containing
the EPA hazardous waste number, the corresponding treatment standard, the
manifest number of each shipment of the restricted waste, and waste analysis
data (where available).  {268.7(a)(l).


     A generator conducting on-site treatment and/or disposal (i.e., is also
is TSD) must meet applicable requirements for treaters and/or disposers,
except that generator certifications and treatment certifications need not be
* Generators or  treatment facilities may petition the Administrator for a
variance from the applicable  treatment standards.  The petitioner must
demonstrate that the waste's  chemical and physical properties significantly
differ from those considered  in  the development of the treatment standards,
and that the waste at issue cannot be treated to the applicable standards.
The facility must comply with all restrictions of the land disposal program
until the Administrator approves the variance and it appears in the Federal
Register.  The variance will  include an alternative treatment standard for
that facility.
                                      1-6

-------
                                                                  OSVER 9938.1

prepared for waste generated and treated and/or disposed on-site.   Some
treatment methods for managing solvent wastes, such as distillation processes,
combustion in boilers and furnaces, and vastevater treatment tanks, are not
regulated as treatment units under Parts 264/265.  Thus, unless the facility
has other 264/265 regulated units onsite and has TSDF status,  these units are
not subject to the general facility standards.  Thus generators without TSDF
status may use these methods for treating F-solvent wastes. Residuals
generated from these processes are of special concern with regard  to their
compliance with treatment standards.


1.4.2  Transporter Requirements


     Section 268.50(a)(3) provides that restricted waste may be stored 10 days
or less by the transporter at a transfer facility.


1.4.3  Storage Facility Requirements


     The regulations prohibit storage of prohibited wastes that exceed
treatment standards, except that TSD facilities may store prohibited wastes in
tanks and containers for the purpose of accumulating the amount of waste
necessary to facilitate proper recovery, treatment, or disposal.
(268.50(a)(2).  Such storage may continue for up to one year unless the Agency
can demonstrate that such storage was not solely for the purpose of
facilitating proper recovery, treatment, or disposal.  (268.50(b).  If the
owner/operator stores wastes exceeding treatment standards for greater than a
single year, the owner/operator bears the burden of proof that such storage
was solely for the purpose of accumulating sufficient quantities to facilitate
proper recovery, treatment, or disposal.  (268.50(c).  It is noteworthy that
surface impoundments are land disposal facilities and that they can not be
used for waste exceeding standards as "storage" facilities.


     Each container must be clearly marked as to the contents and  date of
entry into storage, and each tank must be emptied every year unless the
throughput for that year exceeds the tank's volume (unless the owner or
operator can show that storage for longer than one year is necessary to
accumulate sufficient quantities).  The TSO storing prohibited wastes must
also maintain records of waste analyses conducted for the purpose of
determining whether a waste is restricted.  These must be maintained in the
operating record along with the results of analyses conducted to ensure proper
handling.


1.4.4  Treatment Facility Requirements


     Treatment facilities must revise waste analysis plans to address the new
testing and certification requirements.  Treatment facilities treating
F-solvent waste are required to test residues to determine whether  the
                                      1-7

-------
                                                                  OSVER 9938.1

residues meet treatment standards.  (268.7(b)*.  Section 268.3 prohibits
handlers, including treaters, from diluting prohibited wastes (or the
residuals from treatment of prohibited works) as a substitute for adequate
treatment.  Under section 268.7(b) the treatment facility must prepare a
notice to the land disposal facility which includes:  the EPA Hazardous Vaste
Number,  the corresponding treatment standard, the manifest number, and waste
analysis data (where available).  In addition, certification that the waste
meets applicable treatment standards must accompany each shipment be sent to
the disposal facility accepting the residue.  It is important to note that the
residuals from treatment processes are also F-solvent wastes and are also
prohibited if concentrations equal or exceed concentrations in treatment
standards.


1.4.5  Disposal Facilities

     Land disposal facilities are ultimately responsible for ensuring that
F-solvent wastes meet the applicable treatment standard before being land
disposed.  Land disposal facilities must retain the generator/treater notices
and certifications for each shipment of restricted waste accepted, must revise
waste analysis plans to address all new testing requirements and must conduct
sufficient analyses of restricted wastes to determine that wastes meet
treatment standards in Section 268.41 before land disposal occurs.  {268.7(c).
 In addition, land disposal facilities accepting prohibited wastes under an
extension of an effective data must keep records of the disposal of such
wastes.


     Land disposal facilities may also apply for the various exemptions and
extensions described in Section 1.3.  As described in that section, none of
these waivers is entirely self-effectuating with the exception of the
treatment surface impoundment exemption (unless a waiver is applied for from
the minimum technology requirements).  Therefore, a land disposal facility
must have received a formal approval prior to disposing of prohibited waste
pursuant to these exemptions and extensions.
*Note, however,  that as described  in Section  I.A.I, same "treaters" may be
"exempt" from Part 264/265 requirements.  However, residuals from exempt
treatment are subject  to  the  rule.  See 2.1.4  (Regulation of Residuals from
Exempt Treatment Processes).
                                      1-f

-------
                                                                  OSVER 9938.1


                  2.   MAJOR  CONCERNS VITH REGARD TO ENFORCING
                        THE  F-SOLVENT  LAND  DISPOSAL BAN


     Solvent wastes (F001-F005) are generated by a broad range of industries.
These wastes are generated  from the widespread use of solvents as degreasers
and cleaners, as ingredients in product formulations, and as solvents in the
synthesis of organic compounds.  As RCRA listed wastes,  F-solvent wastes are
also defined to include residuals from the treatment or recycling of F-solvent
wastes.  These residuals may include still bottoms from recycling operations,
sludges from wastewater treatment, and ashes and scrubber sludges from
combustion processes.


     The following figure provides a simplified overview of the management of
solvent wastes under the land disposal ban.  Management begins with the
identification of F-solvent wastes and testing of these wastes, as necessary,
to determine their status under the land disposal ban.  Major management
routes for restricted wastes include recycling through distillation processes,
combustion of spent solvents and still bottoms, wastewater treatment in tanks
or surface impoundments, or other non-RCRA disposal methods such as discharge
to POTVs.  Ultimately, residuals from treatment or recycling are likely to be
disposed of in landfills or other land disposal units.  The following sections
characterize some areas of  enforcement concern associated with the management
of F-solvent wastes.  Section 2.1 discusses areas of enforcement concern at
generators.  Section 2.2 discusses concerns at TSDFs.


2.1  F-SOLVENT IDENTIFICATION BY GENERATORS
     This section provides a brief overview of the generator community
followed by a discussion of enforcement concerns related to that community.
F-solvent wastes tend to be concentrated in the following industry groups:


        Electrical/electronic components
        Equipment manufacturing/metal finishing
        Organic chemicals manufacturing
        Paint formulation
        Pesticides manufacturing
        Petroleum refining
        Pharmaceuticals manufacturing
        Plastics/rubber manufacturing.


     The next subsections describe some potential areas of enforcement concern
that inspectors should be aware of in identifying F-solvent wastes subject to
the restrictions program.
                                      2-1

-------
Incorrect)* labeled
tell
            Icilrtf
                                 let
                        rslrlclc^ HUttr/
                            Mir
                                ll
          MCIIHI-:
                                    WASI>:  :;YSTKM

-------
                                                                  OSVER 9938.1


2.1.1  Possible Hisclassification of Solvent Wastes

     Accurate identification and labeling of F-solvent wastes is an important
precondition for the effective implementation and enforcement of land disposal
restrictions on these wastes.  In industries where organic compounds listed as
solvents may be used in a number of nonsolvent applications (e.g.,  as
reactants, intermediates, product ingredients, etc.), misclassification of
wastes used as solvents may occur.


     In evaluating the appropriateness of the classifications of constituents
as F-solvent wastes, an inspector may have to gather and evaluate necessary
information on the nature of manufacturing processes generating the organic
wastes and use of organic compounds in these processes.  The first  step in
this evaluate process is to determine whether F-solvent constituents are used
in the facility's process in either pure form or in a formulation.   The second
step is to determine whether the constituent is being used as a solvent.
Solvents include any component of a mixture which does not take part in
affecting transformations of chemical structure.  Solvents are added to
mixtures to accomplish the objectives listed below.  Inspectors should
determine whether constituents are being used for the following:
                                              *


     t  Provide a medium for chemical reactions or other chemical/physical
        transformations (e.g., solvent extraction)?

       Formulate products/byproducts as per desired specifications (e.g.,
        organic powders, such as certain pesticides, are dissolved in organic
        solvents to formulate liquid products)?

       Alter the chemical/physical characteristics of the product  mixture to
        improve product application and/or utility, e.g.:  chemical carriers;
        chemical dispersents; drying agents; wetting agents; emulsifiers.


     Should an inspector find that a facility is using a F-solvent  hazardous
constituent for one of these purposes, the inspector should refer the facility
to enforcement officials for further review.


2.1.2  F003 Spent Nonhalogenated Solvents


     F003, spent nonhalogenated solvents and  the still bottoms from the
recovery of these solvents, may be listed solely because they exhibit the
characteristic of ignitability, or may be listed based on both ignitable and
toxic constituents.  Should  the facility mix F003 solvent wastes which are
listed solely on the basis of ignitability (i.e., containing before use only
F003 solvents) with other hazardous wastes or nonhazardous wastes resulting in
a waste no longer displaying the ignitability characteristic, the waste is no
longer considered F003 and, as such, is not subject  to the restrictions
program as F003.  The waste may still be subject to  the restrictions program
if it is mixed with another  restricted waste.
                                      2-3

-------
                                                                  OSVER 9938.1


2.1.3  Solvent Mixtures


     A problem that may arise with regard to F-solvent waste identification
involves solvent mixtures.  As a result of recent regulatory changes, the
F-solvent vaste listings have been clarified to define what constitutes a
solvent mixture.  The Agency clarified the definition of spent solvents
considered hazardous wastes to include spent solvent mixtures containing,
before use, 10 percent or more (by volume) of total listed solvents.  In the
December 31, 1985 Federal Register, the Agency's position was stated as
follows:  ". . . where the regulatory status of a spent solvent mixture is
questionable, the Agency considers the waste to be a listed waste, unless the
generator can prove that the virgin solvent mixture contained less than 10
percent total listed solvents."


     Because F003 may be hazardous waste either because it exhibits a
characteristic or because it is both ignitable and toxic, the mixture rule for
F003 is slightly different.  Vhile waste mixtures are considered F-solvent
wastes if they contain 10 percent or more F001, F002, F004, or F005, F003
mixtures are covered if:

     1.  Before use, the mixed wastestream contains only F003 constituents

     2.  Before use, the mixed wastestream contains one or more F003
         constituents and a total of 20 percent or more of one or more of the
         FOOl, F002, F004, and F005 listed constituents.


     Accordingly, RCRA inspectors should verify that the wastes derived from
the use of solvent mixtures are managed in accordance with the land disposal
restrictions program.


2.1.4  Regulation of Residuals from Exempt Treatment Processes


     Another area of enforcement concern with regard to F-solvent
identification involves the need to identify facilities which generate
F-solvent waste residuals from exempt treatment or recycling processes.  Units
associated with certain management practices that "treat" solvent wastes
(e.g., distillation processes, combustion in boilers or furnaces) are not
regulated as treatment units under Part 264/265 technical standards.
Accordingly for the purposes of land disposal restrictions, these exempt
treatment and recycling operations are regulated as generators in instances
where  treatment residuals retain their regulatory status as listed solvent
wastes (e.g., FOOl wastes) and continue to exhibit properties of prohibited
wastes (i.e., leachate or residual concentrations in excess of treatment
standards).

-------
                                                                  OSVER 9938.1


     Potential enforcement concerns associated vith these operations are
twofold:


       Due to their exempt status, these operations are not required to
        notify (e.g., distillation process, RCRA-exempt vastevater treatment
        tanks) or have only recently been required to notify (e.g.,
        boilers/furnaces).  As a result, inspectors may have difficulty in
        identifying the universe to handlers vhich provide these types of
        treatment for solvent wastes.

       Some handlers treating solvent wastes in exempt units may incorrectly
        assume that a solvent waste automatically loses its regulatory status
        as a solvent waste or prohibited waste following treatment in an
        exempt unit or these facilities may overestimate the ability of exempt
        management practices, such as furnaces, to treat prohibited wastes to
        meet treatment standards.


     For these reasons, residuals (e.g., sludges, ashes, still bottoms)
generated from treatment occurring in exempt units may warrant additional
attention as part of the enforcement program.  A review of responses to
letters requesting the identification of solid waste management units (RSI #3)
or completed RCRA Facility Assessment may list such units as solid waste
management units at regulated TSDs.


2.1.5  Implementation of Generator Testing Requirements


     Some generators may apply knowledge even in instances where it is
virtually impossible to determine compliance with treatment standards without
careful testing of solvent wastes.  The need for generator testing may be most
acute for those generator facilities which have not traditionally conducted
analyses to determine the regulatory status of their wastes.


     Section 268.7 requires in part  that, generators provide certifications of
compliance with treatment standards  to land disposal facilities if their waste
meets treatment standards and is thereby eligible for land disposal.  Section
268.7 also provides that waste analysis data be provided to the disposal
facility by the generator, where available.  Consequently, inspectors should
request off-site facilities to identify those generators that provide
certifications without, or with infrequent, waste analysis data.  The
inspector may choose to identify these generators as possible targets for
inspection.  In conducting these inspections, it is suggested that the
inspector be equipped to  take a sample  for testing of  the concentration of
F-solvent constituents in the waste  to determine compliance with treatment
standards.
                                      2-5

-------
                                                                  OSVER 9938.1


2.1.6  Treatability Group Identification


     As discussed earlier, the regulation provides for tvo treatability
groups, one for wastevaters containing spent solvent and one for "all other"
spent solvent wastes.  268.40 and 268.41.  A special subcategory of the
vastevater treatability group exists for methylene chloride generated by
pharmaceutical facilities.  The definition of "vastevater" for purposes of
establishing treatability groups appears in the preamble to the regulation as
"... solvent-vater mixtures containing total organic carbon of one percent
or less."  Inspectors should determine vhether handlers are determining
appropriate treatability groups correctly.


     Inspectors should conduct a pre-inspection reviev to determine if the
handler has a variance from a treatment standard as provided for in 268.44.
If a variance has been approved by the Administrator (i.e., a final decision
vas published in the Federal Register) the inspector should reviev this
variance prior to conducting the inspection.  If the facility receiving the
variance is a generator, the inspector may also choose to visit the associated
treatment and disposal facility to determine compliance vith the variance.


2.1.7  Oversight of Wastes Claimed to be Eligible for National Capacity
       Variances

     Regulations implementing the solvent land disposal restrictions program
provide two-year national capacity variances from BOAT standards for certain
solvent wastes.  268.30.  For example, solvent-water mixtures containing less
than one percent total F001-F005 constituents are eligible for this variance.
Because handlers claiming eligibility for these variances are not required  to
file applications, there is presently no administrative means to evaluate the
validity of these claims before the handler acts on its assessment.  A
facility claiming eligibility needs to have information supporting its
position.  For example, sampling information establishing less than 1 percent
concentration in the vastestream could be available.


2.2  F-SOLVENT VASTE MANAGEMENT AT TSDs


     This section provides a brief discussion of some enforcement concerns
associated vith that community.


     Inspectors should verify which units F-solvent vastes are being managed
in, and vhether those units are meeting associated requirements.  For example,
are the units meeting the minimum technology requirements and Subpart F
requirements as discussed in Section 1.  A number of facilities vere using, or
vere potentially using storage surface impoundments for F-solvents vastes
prior  to November 8, 1986.  F-solvent vastes exceeding treatment standards  may
not be placed in these impoundments after November 8, 1986.
                                      2-6

-------
                                                                  OSUER 9938.1


2.2.1  Waste Analysis Concerns at TSDs


     Testing is a critical part of the restriction program.  Onsite and
offsite TSDFs are required to revise waste analysis plans (VAPs) and conduct
testing and analyses to meet the new requirements.  See amendments to
264.13 (a)(l),(b)(6),(7); 265.13(a)(l),(b)(6),(7).  These plans must be
comprehensive and require  testing sufficient to determine whether wastes are
F-solvent wastes and whether they are in compliance with applicable treatment
standards.  The goal is to increase the likelihood of intercepting false and
incorrect certifications and prevent the land disposal of wastes that do not
meet treatment standards or exemptions.


     Vaste analysis plans  could be inspected either during onsite inspection
or as part of the permit review process.  In-house review of the
comprehensiveness of these waste analysis plans in F-solvent waste
identification and compliance with treatment standards is recommended prior to
field visits, assuming these plans are available in the Regional/State office.
As discussed previously, facilities using treatment surface impoundments, per
the regulatory exemption,  must have submitted their revised waste analysis
plans for review by the Regional Administrator.  268.4(a((4).


     In addition, facilities are required to expand their operating records.
264.73(b)(3),  (10)-(14); 265.73(b)(3), (8)-(12).


     On-site facilities that treat, store, and/or dispose of their own wastes
are not required to prepare generator or treatment certifications, but are
required to test waste to  determine the need for and adequacy of treatment and
maintain records except those on manifests.  264.73(b)(14), 265.73(b)(12).
However, because an independent check on these facilities will not be
conducted by other RCRA-regulated handlers, the potential for invalid analyses
is increased.  These types of facilities also may take advantage of the
knowledge clause in the waste analysis section of the restrictions regulations
to avoid testing altogether.  These facilities are required to prepare waste
analysis plans and keep records.


     Detecting dilution, which is not allowed under the restrictions program
as a treatment method, also will be difficult.  Modifications to waste routing
to combine dilute and restricted waste may result in dilution and would not be
apparent during a compliance inspection.  This likely will occur at facilities
with onsite wastevater treatment facilities.


     Another concern at onsite facilities is the use of 264/265 "exempt"
units, such as boilers and furnaces.  These boilers may not achieve the level
of performance achieved by 265/265 incinerators.   Consequently, inspectors
will want to review how facilities determine whether waste residuals from
these units are subject to the restrictions program.
                                      2-7

-------
                                                                  OSVER 9938.1
field visits, assuming these plans are available in the Regional/State office.
As discussed previously, facilities using treatment surface impoundments, per
the regulatory exemption, must have submitted their revised vaste analysis
plans for review by the Regional Administrator.   268. 4(a( (A) .


     In addition, facilities are required to expand their operating records.
264.73(b)(3),  (10)-(U); 265. 73(b)(3) .  (8)-(12).
     On-site facilities that treat, store, and/or dispose of their own wastes
are not required to prepare generator or  treatment certifications, but are
required to test waste to determine the need for and adequacy of treatment and
maintain records except those on manifests.  264.73(b)(14) ,  265. 73(b)(12) .
However, because an independent check on  these facilities will not be
conducted by other RCRA-regulated handlers, the potential for invalid analyses
is increased.   These types of facilities also may take advantage of the
knowledge clause in the waste analysis section of the restrictions regulations
to avoid testing altogether.  These facilities are required to prepare waste
analysis plans and keep records.  Where the plan has not been revised to
include testing that takes into account the land disposal restrictions
regulations, and the facility has not declared its F001-F005 wastes to exceed
treatment standards, the inspector should investigate the possibility of
significant violations, including possible illegal land disposal.


     Detecting dilution of listed waste, which is not allowed under the
restrictions program as a treatment method, often will involve review of
processes.   Modifications to waste routing to combine dilute and banned waste
may result in dilution.  This is most likely to occur at facilities with
onsite wastewater treatment facilities.  Inspectors should inquire into
anticipated assertions of legitimate process changes.


     Another concern at onsite  facilities is the use of 264/265 "exempt"
units, such as boilers and furnaces.  Consequently, inspectors will want  to
review how facilities determine whether waste residuals from these units  are
subject to the restrictions program.


     Off-site facility inspections should evaluate whether facilities are
complying with regulatory requirements for testing, waste analysis plans  and
recordkeeping requirements and  their own analysis and operating plans.  Of
particular interest is whether  these facilities waste analysis plans require
information from generators on  the generating processes (to identify
wastestreams) and obtain waste  analysis data through testing of the waste  to
determine that the wastes are in compliance with the applicable treatment
standards.  In addition, based  upon their review and evaluation of generator
information has the facility identified any inadequacies or discrepancies  in
manifests or notifications and  certifications.  If so, how were the
discrepancies resolved?  The testing methods must be reviewed.  The inspector
should also review operating record files.
                                      2-8

-------
                                                                  OSVER 9938.1


should check to determine whether a "minimum technology checklist" has been
filled out during a previous inspection of the facility.  If not, the
inspector should complete that checklist during the inspection.


     To verify that the facility is in compliance vith ground-water monitoring
requirements, the inspector should ensure that the CME checklist has been
completed.  If it has not been completed, a ground-water inspection should
take place.


     Further, the inspection must verify that residuals are tested annually
and removed as necessary and that such removal has not damaged the unit's
liners.  The inspector must also review records demonstrating that treatment
occurs in the impoundment.


     If the owner/operator of a surface impoundment accepts only wastes
consisting of low concentration (1% of less) solvent-water mixtures subject to
an extension or other solvent wastes meeting treatment standards, it is not
necessary to obtain the treatment exemption.  In verifying compliance with the
treatment standards, the inspector should verify the records on the
concentration of wastes discharged into the impoundment.  If the concentration
is greater than one percent F001-F005 constituents or fails to satisfy the
treatment standards, the unit must be in compliance with minimum technology
requirements, or have been granted an exemption from those requirements.


2.2.3  Technology Requirements for "Extension" of Wastes


     F-solvent wastes exceeding standards may be placed in a surface
impoundment, landfill or other land disposal unit if the waste has received a
national or case-by-case extension and the facility at which the waste is
disposed is in compliance with applicable minimum technology requirements.
RCRA 3004(h)(4).  This means that any new landfill or surface impoundment
units, and any expansions or replacements of existing landfill surface
impoundment units at the facility must be in compliance with the minimum
technology requirements.  The relevant minimum technology requirements for
wastes subject to extensions that are placed in existing units are different
from the requirements for wastes exceeding treatment standards that are placed
in existing surface impoundments.  For wastes subject to an extension, the
minimum technology design requirements apply to all new, replacement, and
expanded units at the facility.  In contrast, to be eligible for the
"treatment surface impoundment" exemption, an impoundment must meet the
minimum technology standards that apply to new and expanded units even if the
unit is not new or expanded.  The result is that for the treatment impoundment
exemption, the minimum technology requirements become applicable to existing,
unexpanded units in November 1986, whereas in the case of wastes subject  to
the case-by-case and national extensions, existing, unexpanded units need not
comply with the minimum technology requirement until November 1988.
                                      2-9

-------
                                                                  OSVER 9938.1
                            3.   SUPPORTING EVIDENCE
Type of Facility:
     -  Generators, including generators that treat, store or dispose.
Violations*

1.  Improper disposal of
    prohibited wastes onsite
Supporting Evidence

Check "facility records" including:
  - Biennial reports
  - State annual reports
  - Manifest records
  - Notifications
  - Part A/part B submissions
    [Part A - facility diagrams 270.13(h)J
  - TSDF records (stoppage/slowdown
    of shipments)
These records may indicate recent
modifications of waste handling
practices.
2.   Improper disposal of
    prohibited wastes offsite
3.  Invalid or falsified
    certification
4.  Misclassification of wastes

5.  Exceeds 90 day storage
Interview employees, or other witnesses
who may have knowledge of recent changes
in generator's waste handling practices.
Document interview responses.  Obtain
sample/analysis of wastes stream.

Review facility records.  If generator
does not ship wastes as hazardous wastes,
obtain copies of bills of lading to
ascertain identification of shipments.
Review purchasing records (shipment
billing) to track shipments.  Review TSDF
records as indicated by stoppage/slowdown
of shipment of F-wastes.  Review
generator's biennial reports and
manifests.

Review facility records, and TSDF records.
Review generator records which backup the
certification.  Obtain sample/analysis to
verify treatment standards met.

Review facility records.

If labeled, check dates.  Photograph is
greater than 90 days.  Check dates on
manifest.  Review agency records to
determine whether Part A was submitted.
*/Contact Special Agent-in-Charge if criminal action is suspected.
                                      3-1

-------
                                                                  OSVER 9938.1

Type of Facility:
    -  Generators, including generators that treat, store or dispose (con't)
Violations*

6.  Failure to notify/certify
7.  Deficient waste determination
Supporting Evidence

Copy manifest/check files for
certification or notification

Review facility records.   Obtain
sample/analysis of waste.
Type of Facility:
    -  Commercial Disposal
Violations*

1.  Land filling of restricted
    waste clearly identified by
    generator.
    Inadequate waste analysis
    plan resulting in land
    disposal of wastes not
    clearly identified by
    generator.

    Inadequate waste analysis/
    failure to revise waste
    analysis plan in accordance
    with regulation.  Failure to
    follow waste analysis plan.
Supporting Evidence

Check copies of generator's certification
sent to facility.  Sample/analyze waste
shipment.   Photograph improper labeling of
waste.   Check waste product records.

Copy manifest.  Check for certification or
notification.  Check waste product
records.  Check commercial disposal
facilities waste analysis records.
Sample/analyze was testream if necessary.

Review waste analysis plan.  Verify
absence of amended waste analysis plan.
Type of Facility:
    -  Commercial Treatment
Violations*

1.  Shipped waste to land
    disposal with invalid or
    false certification
2.  Falsification of treatment
    records/test results
Supporting Evidence

Obtain copies of certification and waste
analysis records.  Obtain sample/analysis
of shipment if possible.  Copy operating
records showing disposal occurred.

Obtain copies of falsified records.
Obtain copies of lab bench sheets.
*/Contact Special Agent-in-Charge if criminal action is suspected.
                                      3-2

-------
                                                                  OSWER 9938.1
Type of Facility:
    -  Commercial Treatment (con't)
Violations*

3.  Dilution of wastes
4.  Reclassifying restricted
    vastes (F001-5) and shipping
    to land disposal as D001, etc.

5.  Inadequate vaste analysis
    plan.  Failure to follow
    waste analysis plan.

6.  Placement of F001-F005
    wastes in treatment surface
    impoundments that do not
    meet minimum technology
    requirement.
Supporting Evidence

Check facility records.   Attempt to
perform a mass balance of incoming raw
material versus outgoing waste shipments.
Check manufacturing processes to determine
whether physical alterations exist which
would indicate dilution.  Interview
employees who may have knowledge of
practices which could indicate alteration
of industrial process.  Document interview
responses.

Check facility records with regard to
classification of wastes.
Review waste analysis plan/verify absence
of amended waste analysis plan.
Check facility records.  Review surface
impoundment design to ascertain compliance
with minimum technology standards.
Sample/analyze wastestream.
*/Contact Special Agent-in-Charge if criminal action is suspected.
                                      3-3

-------
                                                                  OSVER 9938.1
                       LAND DISPOSAL RESTRICTION CHECKLIST
                            PRE-INSPECTION REVIEW
     Prior to conducting an F-solvent waste land disposal restrictions program
inspection, the inspector will need to conduct a pre-inspection review.  As
part of that review, the inspector will need to assemble and analyze a number
of different documents available in the Regional and State offices.  The
nature and extent of this file review is dependent on the type of activities
conducted at the site (e.g., generation, transportation, treatment, or
disposal).  The following discussion provides a listing of materials that need
to be assembled and analyzed prior to conducting inspections for generators,
transporters, and TSDFs.
                                      4-1

-------
                                                                  OSUER 9938.1


                       GENERATOR PRE-INSPECTION REVIEW
 1.  Did the generator notify the Agency that it was generating an F-solvent
     waste on Form 8700-12 (Request for I.D. Number) [262.12J?

 2.  Has the generator achieved interim or permitted status as a storage
     facility by filing a Part A, Part B, or via an interim status compliance
     letter (ISCL)?

 3.  Is the generator a pharmaceutical plant?

 4.  Have all the generator's F-solvent wastes been delisted by the Agency?

 5.  Has the generator been granted a case-by-case extension by the Admini-
     strator [268.5J?  And, if so, is that extension still  in effect?  If the
     extension is in effect, has the generator been providing progress reports
     on time?

 6.  Is the generator a Small Quantity Generator (100-1,000 Kg/month) of
     F-solvents [268.30J?  (Determine whether the national  capacity extension
     applies.)

 7.  Is the F-solvent waste generated by a RCRA Corrective  Action or a CERCLA
     response?  If so, is the waste considered soil or debris [268.30]?

 8.  Is the F-solvent waste a solvent-water mixture, solvent-containing
     sludge, or solvent-contaminated soil containing less than one percent
     total F001-F005 constituents by weight [268.30]?  (Determine whether
     national capacity extension applies.)

 9.  Is the F-solvent waste a wastewater (a solvent-water mixture containing
     total organic carbon of one percent or less) [268.30]?  (Determine
     appropriate BOAT level.)

10.  Has the facility at which the generator's waste is disposed been granted
     a variance from treatment standards per [268.44] (i.e., did the final
     decision appear in the Federal Register?)

11.  Has the facility at which the generator's waste is disposed received a
     "no migration" waiver [268.6] or a case-by-case extension [268.5]?
                                      4-2

-------
                                                                 OSVER 9938.1


                     TRANSPORTER PRE-INSPECTION REVIEV
1.   Did the transporter notify the Agency that it is engaged in the transport
    of F-solvent wastes by filing Form 8700-12 [263.11] (Request for I.D.
    Number)?

2.   Does the transporter also have interim or permitted status as a storage
    facility?
                                    4-3

-------
                                                                  OSVER 9938.1


                          TSDF PRE-INSPECTION REVIEV


General

 1.  Did  the facility obtain interim or permitted status for the treatment,
     storage, or disposal of F-solvent wastes?

 2.  Does the facility's Part A or Part B indicate that storage surface
     impoundments are being used  to store F-solvent wastes?


Treatment Surface Impoundments [268.4]

 3.  Does the facility's Part A or Part B indicate that treatment surface
     impoundments are being used  to treat F-solvent wastes?

 4.  Has  the facility submitted a certification as required by [268.4(a)(4)]
     that the requirements of [268.4(a)(3)] have been achieved?

 5.  Has  the facility been granted a waiver from minimum technology require-
     ments as described in [268.3(a)(3)(i), (ii), or (iii)j?

 6.  If the facility has not been granted a waiver from minimum technology
     requirements, and has submitted a [268.4] certification, what do the
     inspection files indicate regarding the facility's compliance with
     Subpart F?

 7.  Has  the facility submitted a waste analysis plan required by
     [268.4(a)(2)j?


Case-by-Case Extensions [268.5]

 8.  Has  this facility been granted a case-by-case extension per [268.5]?

 9.  Is the facility currently operating within the extension period?

10.  Is the facility providing progress reports on time?

11.  What do the files indicate regarding the facility's compliance with
     Subpart F?

12.  List the generators that appear in the TSDF's application.


Variance  from Treatment Standard  [268.44]

13.  Has  the treatment facility been granted a treatability variance?

14.  Uhat is the new BOAT treatability limit for the applicable F-solvent
     waste?
                                    4-4

-------
                                                                  OSVER 9938.1
"No Migration" Waivers [268.6]
15.   Has the facility been granted a "no migration" vaiver as provided for in
     [268.6]?

16.   Is the facility operating within the terms of the waiver?

17.   What is the volume limit of the waiver?
                                     4-5

-------
                                                                              OSVER 9938.1
                                                       Inspector:
                                                       Address:
                                                       Telephone No:
                                           DRAFT
                              RCRA LAND RESTRICTION F-SOLVENT
                                    GENERATOR CHECKLIST
I.  HANDLER IDENTIFICATION
A.  Handler Name                                          B.  Street (or other identifier)


C~.City                          b~!State          IT  Zip Code         F\  County Name


G~.Nature of Business; Identification of Operations





I~.  Handler Contact  (Name and Phone Number)


II.  GENERATOR COMPLIANCE

A.   F-Solvent Identification

     1.  Does the handler generate  the following wastes?

     a.  F001                                 	Yes  	No

     b.  F002                                 	Yes  	No
     c.  F003                                 	Yes  	No

         If an F003  wastestream  listed solely for  ignitability has been mixed with a
         non-restricted solid or hazardous waste,  does  the resultant mixture exhibit the
         ignitability  characteristic?         	Yes  	No

     d.  F004                                 	Yes  	No

     e.  F005                                 	Yes  	No

     2.  Source of  the above:   Form 8700-12 	;  Part  A 	; Part B	;
         other (specify) 	

Appendix A is intended to assist the  inspector  and enforcement official in  determining
whether the facility is generating  F-solvent wastes,  if such wastes were  not identified  by
the facility previously.  If you are  concerned  that F-solvent wastes may  be misclassified
or mislabeled, turn to Appendix A.  Note  concerns  below:	
                                           GEN-1

-------
                                                                              OSUER 9938.1
                                                       Handler Name;
                                                       ID Number:  _
                                                       Inspector:  _
                                                       Date:
B.   BOAT Treatability Group - Treatment Standards Identification           Comments

     1.  Did the generator correctly determine the
         appropriate treatability group [268.41] of the
         waste (Vastevaters containing solvents,
         pharmaceutical vastevaters containing spent
         methylene chloride, all other spent solvent
         wastes)?
                                              	Yes  	No

C.   Waste Analysis

     1.  Did the generator determine whether the waste
         exceeds treatment standards based on [268.7(a)J:

         a.  Knowledge of wastes              	Yes  	No

         b.  TCLP                             	Yes  	No

         c.  Other (specify)	
         If knowledge, note how this is adequate:
         If determined by TCLP, provide date of last test,
         frequency of testing, and attach test results.

         Dates/frequency:	
         Note any problems:
         d.  Were wastes  tested using TCLP when a process or
             was test ream  changed?
                                              	Yes  	No

     2.  Did the F-solvent wastes exceed applicable
         treatability group  treatment standards upon
         generation (268.7(a)(2)J?            	Yes  	No
                                              	Some

     3.  Did the generator dilute the waste or the treatment
         residual so as to substitute for adequate treatment
         [268.3J                              	Yes  	No

D.   Management

     1.  Onsite management

         a.  Were F-solvent  wastes managed onsite?
                                              	Yes  	No

     If yes, answer l(b)  and (c); if no, answer 2.
                                           GEN-;

-------
                                                                         OSVER 9938.1
                                                  Handler Name:
                                                  ID Number:  _
                                                  Inspector:  _
                                                  Date:
    b.  For wastes that exceed treatment standards,  was                Comments
        treatment, storage, and/or disposal conducted?
                                         	Yes  	No

If yes, TSDF Checklist must be completed.

    c.  Are test results maintained in the operating
        record [264.74(b)3/265.73(b)(3)J?
                                         	Yes  	No

2.  Offsite Management

    a.  If F-solvent wastes exceed treatment standards,
        did generator provide treatment facility
        [268.7(a)(l)J:

    (i)   EPA waste number?              	Yes  	No

    (ii)  Applicable treatment standard? 	Yes  	No

    (iii) Manifest number?               	Yes  	No

    (iv)  Uaste analysis data, if available?
                                         	Yes  	No

Identify offsite treatment facilities	
    b.  If F-solvent wastes did not exceed treatment
        standards, did generator provide the disposal
        facility  (268.7(a)(2) j:

    (i)   EPA Hazardous waste number?    	Yes  	No

    (ii)  Applicable treatment standard? 	Yes  	No

    (iii) Manifest number?               	Yes  	No

    (iv)  Waste analysis data, if available?
                                         	Yes  	No

    (v)   Certification that  waste meets
          treatment standards?           	Yes  	No

Identify  land disposal facilities receiving the BOAT
certified wastes                  	____^_
                                      GEN-3

-------
                                                                              OSVER 9938.1
                                                       Handler Name:
                                                       ID Number:  _
                                                       Inspector:  _
                                                       Date:
         c.  If waste is subject to nationwide variance                     Comments
             [268.30] (e.g., solvent-water mixtures less
             than 12), case-by-case extension [268.5J or
             petition [268.6j does generator provide notice
             to disposer that waste is exempt from land
             disposal restrictions [268.7(a)(3>J?
                                              	Yes  	No

E.   Storage of F-Solvent Waste

     1.  Was F-solvent waste stored for greater than 90
         days (after variance 180/270 days for SQG)
         [268.50(a)(l)J?
                                              	Yes  	No

     If yes, was facility operating as a TSD under interim
     status or final permit?                  	Yes  	No

If yes, TSDP Checklist must be completed.


F.   Treatment Using RCRA 264/265 Exempt Units or Processes
     (i.e., boilers" furnaces, distillation units,
     wastewater treatment tanks, etc.)

1.   Uere treatment residuals generated
     from RCRA 264/265 exempt units or
     processes?                               	Yes  	No

     If yes, list type of treatment unit and processes
If the residuals from a RCRA-exempt  treatment unit are above the treatment
standards, the owner/operator is considered a generator of restricted vaste.
The inspector should determine whether  the generator requirements, particu-
larly vaste identification requirements, have been met for the treatment
residuals.
                                           GEN-4

-------
                                           DRAFT
                                                                         OSVER 9938.1
                                                       Handler Name:
                                                       ID Number:	'
                                                       Inspector:	
                                                       Date:
                                  TRANSPORTER CHECKLIST
I.  FACILITY IDENTIFICATION
A.  Site Name
                                                    B.   Street  (or other identifier)
C.  City
                             D.  State
    E.   Zip Code
F.   County Name
G.  Description of Operations
H.  EPA ID ft
I.  Facility Contact (Name and Phone Number)
II.

A.



1.



B.



C.
TRANSPORTER REQUIREMENTS

Does the transporter store restricted
vastes for greater than 10 days
[268.50(a)(3)J?

If yes, does transporter have
264/265 status as storage facility
(e.g., has submitted part A?)

Does a review of records indicate
storage of restricted vastes for
greater than 10 days?

Describe inventory controls to ensure
that restricted vastes are not stored
for greater  than 10 days. 	
                           Comments
Yes     No
Yes     No
Yes     No
                                          TRAN-1

-------
                                                                              OSVER 9938.1
                                                       Facility Name:
                                                       ID Number:	'
                                                       Inspector:	
                                                       Date:
                                           DRAFT
                              RCRA F-SOLVENT LAND RESTRICTION
                  TREATMENT,  STORAGE,  AND DISPOSAL REQUIREMENTS  CHECKLIST
I.  FACILITY IDENTIFICATION
A.  Facility Name
                       B.   Street (or other identifier)
C.  City
D.   State
E.   Zip Code
F.   County Name
G.  Nature of business;  identification of operations
H.  EPA ID #
I.  Facility Contact (Name and Phone Number)

II.A.    For onsite facilities, complete  the generator checklist            Comments

   B.    General Facility Standards
1.   Was waste analysis plan revised  to cover
     Part 268 requirements  [264.13 or 265.13J?
                                                 Yes
                       No
2.   Did facility obtain  representative chemical and
     physical analysis of wastes and residues
     1264.13(a)/265.13(a)J?
                                                 Yes
                       No
     a.  Did  testing  include analyses  for all F001-F005
         constituents?                           Yes     No
     b.  Were analyses performed using TCLP?  	Yes
                       No
     c.  Were analyses  conducted onsite or offsite  (identify
         offsite  lab)?                           On     Off:
     d.  Describe  frequency  of  sampling
     e.  Describe  procedures  used  to  identify  manifest
         discrepancies	
3.   Are  the  operating  records,  including  analyses  and
     quantities,  complete  [26-4.73/265.73]?     	Yes

                                          TSDF-1
                       No

-------
                                                                              OSVER 9938.1
                                                       Facility Name:
                                                       ID Number:	'
                                                       Inspector:	
                                                       Date:
     Storage [268.50]                                                     Comments

     a.   Vere restricted wastes exceeding treatment
         standards stored?                    	Yes  	No

         If no, go to "D."

     b.   Are all containers clearly marked to identify
         content and date(s) entering storage?
                                              	Yes  	No

     c.   Do operating records track the location, quantity
         and dates that waste exceeding treatment standards
         entered and were removed from storage?
                                              	Yes  	No

     d.   Do operating records agree with container labeling?
                                              	Yes  	No

     e.   Is waste exceeding treatment standards stored for
         less than 1 year?                    	Yes  	No

         If yes, can you show that such accumulation is not
         necessary to facilitate proper recovery, treatment,
         or disposal?                         	Yes  	No

         If yes, state how:  	
         Vere tanks emptied at least once per year, and do
         operating records show that volume of waste removed
         from tanks annually at least equals tank volume?
                                              	Yes  	No

         Was/is waste exceeding treatment standards stored
         for more than one year?              	Yes  	No

         If yes, state the owner/operator's proof that such
         storage was solely for the purposes of accumulation
         of such quantities of hazardous waste as are
         necessary to facilitate proper recovery, treatment,
         or disposal:	
     h.  Are F-solvent wastes exceeding treatment standards
         "stored" in surface impoundments?    	Yes  	No

D.   Treatment in Surface Impoundments [268.4)

1.   Vere F001-F005 wastes exceeding treatment standards
     placed in surface impoundments for treatment?
                                              	Yes  	No

     If no, go to B.
                                          TSDF-2

-------
                                                                              OSVER 9938.1
                                                       Facility Name:
                                                       ID Number:	'
                                                       Inspector:	
                                                       Date:
2.   Did the facility submit a certification of compliance                Comments
     with minimum technology and ground vater monitoring
     requirements, and the waste analysis plan to the
     Agency?                                  	Yes  	No

3.   Have the minimum technology requirements
     been met?                                	Yes  	No

     a.  If the minimum technology requirements have not
         been met, has a waiver been granted for that
         unit(s)?                             	Yes  	No

4.   Have the Subpart F ground-water monitoring requirements
     been met?                                	Yes  	No

5.   Have representative samples of the sludge and
     supernatant  from the surface impoundment been tested
     separately,  acceptably, and in accordance with the
     sampling frequency and analysis specified in the waste
     analysis plan and are the results in the operating
     record [264.13/265.13] and [264.73/265.73]?
                                              	Yes  	No

6.   Did the hazardous waste residue (sludge p_r liquid)
     exceed the treatment standards specified in [268.41]?
                                              	Yes  	No

J.   Provide the  frequency of analyses conducted on
     treatment residues:                             	
8.   Does  the operating  record adequately document  the
     results of waste analyses performed in accordance with
     [268.41] and  [264.73/265.73]             	Yes  	No

9.   Have  the hazardous  waste residues  that exceed  the
     treatment standards [268.41]  been  removed adequately
     and on an annual basis?                  	Yes  	No

     a.  If answer is no and supernatant is determined to
         exceed  treatment concentrations, is  annual
         throughput  greater  than  impoundment  volume?
                                              	Yes  	No

10.  If residues were removed annually, were  adequate
     precautions taken  to protect  liners and  do  records
     indicate  that inspections of  liner integrity are
     performed?                               	Yes  	No

11.  Vhen  removed, were  solvent wastes  managed subsequently
     in another  surface  impoundment?          	Yes  	No
                                           TSDF-3

-------
                                                                              OSVER 9938.1
                                                       Facility Name:
                                                       ID Number:	"
                                                       Inspector:	
                                                       Date:
12.  When removed, were wastes treated prior to disposal?                 Comments
                                              	Yes  	No

     a.  If yes, are waste residues treated on or offsite?
                                       	Onsite 	Offsite

     b.  Identify management method 	
E.   Treatment

1.   Did the facility operate treatment facilities for
     F-solvent waste (not including surface impoundments)?
                                              	Yes  	No

     If no, go to "F."

2.   Describe the treatment processes for F-solvent wastes.
     Does the facility, in accordance with an acceptable
     waste analysis plan, verify that the residue extract
     from all treatment processes for the F-solvent wastes
     are less than treatment standards (268.7(b)(2)J?
                                              	Yes  	No

     Describe frequency of testing of treatment residuals.
5.   Uas dilution used as a substitute for treatment
     [268.3]?                                 	Yes  	No

6.   Are certifications and results of waste analyses kept
     in the operating record  [264.73(b)(3)/265.73(b)(3)] and
     (268.7(c)J?                              	Yes  	No

7.   Are notice with waste number, treatment standard,
     manifest number, and analytical data (where available)
     submitted for each shipment of waste or treatment
     residual that meets  the  treatment standard stating that
     waste has been treated to  treatment performance
     standards [268.7(b)J?                    	Yes  	No

8.   Are certifications submitted for each shipment
     I268.7(b)(2)(i)j?                        	Yes  	No
                                          TSDF-4

-------
                                                                              OSVER 9938.1
                                                       Facility Name:
                                                       ID Number:	'
                                                       Inspector:	
                                                       Date:
F.   Land Disposal                                                        Comments

1.   Vere F-solvent vastes placed in land disposal units
     (landfills, surface impoundments [for this question, do
     not include if in "D"J vaste piles, veils, land
     treatment units, salt domes/beds, mines/caves concrete
     vault or bunker?                         	Yes  	No

2.   Did facility have the notice and certification from
     generators/treaters in its operating record
     [268.7(c); 268.7(a),(b)J?                	Yes  	No

3.   Did the facility obtain vaste analysis data through
     testing of the vaste to determine that the vastes are
     in compliance with  the applicable treatment standards
     [268.7(c)J?                              	Yes  	No

     If yes, at vhat frequency?	
4.   Vere F-solvent vastes exceeding the treatment standards
     placed in land disposal units excluding national
     capacity variances [268.30(a)J?          	Yes  	No

     If yes, did facility have an approved vaiver based on
     no migration petition [268.6J or approved case-by-case
     capacity extension [268.5] or treatment standard
     variance [268.44]?                       	Yes  	No

5.   Vere F-solvent vastes subject to a national or case-by-
     case capacity variance/extension disposed?
                                              	Yes  	No

     a.  If yes, vere  these vastes disposed of in a facility
         that has a nev, replacement, or laterally expanded
         landfill or impoundment?             	Yes  	No

         If (a) is yes, have the minimum technology
         requirements  been met for all such units at the
         facility [268.5(h)(2)J and [268.30(b)J?
                                              	Yes   	No

6.   Vere adequate records of disposal maintained?
                                              	Yes  	No

7.   If vastes subject to a nationvide variance  [268.30],
     case-by-case extensions [268.5], or no migration
     petitions [268.6] were disposed, does facility have
     notices  [268.7(a)(3)j and records of disposal?
                                              	Yes  	No

8.   Vhat is  the volume of F-solvent vaste disposed to date
     by vaste?	
                                          TSDF-5

-------
                                                                              OSVER 9938.1
                                                       Facility Name:
                                                       ID Number:	
                                                       Inspector:	
                                                       Date:
9.   If the facility has a case-by-case extension, can the                Comments
     inspector verify that the facility is making progress
     as described in progress reports [268.5J?
                                                 Yes     No
                                           TSDF-6

-------
                                                                              OSVER 9938.1
                                                       Handler  Name:
                                                       ID Number:  _
                                                       Inspector:  _
                                                       Date:
                                        APPENDIX A                          Comments

                             SOLVENT IDENTIFICATION CHECKLIST
1.    Does the handler generate any of the following F001
     constituents (i.e., spent halogenated solvents used in
     degreasing) as a result of being used in the process
     either in pure form or commercial grade?

     tetrachloroethylene                      	Yes  	No
     trichloroethylene                        	Yes  	No
     methylene chloride                       	Yes  	No
     1,1,1-trichloroethane                    	Yes  	No
     carbon tetrachloride                     	Yes  	No
     chlorinated fluorocarbons                	Yes  	No

2.    Does the handler generate any of the following F002
     constituents (i.e., spent halogenated solvents) as a
     result of being used in the process either in pure form
     or commercial grade?

     tetrachloroethylene                      	Yes  	No
     trichloroethylene                        	Yes  	No
     methylene chloride                       	Yes  	No
     1,1,1-trichloroethane                    	Yes  	No
     chlorobenzene                            	Yes  	No
     trichlorofluoromethane                   	Yes  	No
     l,l,2-trichloro-l,2,2-trifluoroethane    	Yes  	No
     ortho-dichlorobenzene                    	Yes  	No

3.    Does the handler generate any of the following F003
     constituents (i.e., spent nonhalogenated solvents) as a
     result of being used in the process either in pure
     form or commercial grade?

     xylene                                   	Yes  	No
     acetone                                  	Yes  	No
     ethyl acetate                            	Yes  	No
     ethyl benzene                            	Yes  	No
     ethyl ether                              	Yes  	No
     methyl  isobutyl ketone                   	Yes  	No
     n-butyl alcohol                          	Yes  	No
     cyclohexanone                            	Yes  	No
     methanol                                 	Yes  	No

     If  the  F003 vastestream has  been mixed  with a  solid
     waste,  does  the  resultant mixture  exhibit  the
     ignitability  characteristic?             	Yes  	No
                                            A-l

-------
                                                                              OSUER 9938.1
                                                       Handler Name:
                                                       ID Number:  _
                                                       Inspector:  _
                                                       Date:
4.   Does the handler generate any of the following F004                    Comments
     constituents (i.e., spent nonhalogenated solvents) as a
     result of being used in the process either in pure form
     or commercial grade?

     cresols and cresylic acid                	Yes  	No
     nitrobenzene                             	Yes  	No

5.   Does the handler generate any of the following F005
     constituents (i.e., spent nonhalogenated solvents) as a
     result of being used in the process either in pure form
     or commercial grade?

     toluene                                  	Yes  	No
     methyl ethyl ketone                      	Yes  	No
     carbon disulfide                         	Yes  	No
     isobutanol                               	Yes  	No
     pyridine                                 	Yes  	No

6.   Are any of the constituents listed in the questions 1-5
     used for their "solvent" properties  that is to
     solubilize (dissolve) or mobilize other constituents?
     The following questions will be helpful in confirming
     this determination.

     (a)  Chemical carriers?                  	Yes  	No

     If the answer is yes, list the constituents.
     (b)  Degreasing/cleaning?                	Yes  	No

     If the answer is yes, list  the constituents.




     (c)  Diluents?                           	Yes  	No

     If the answer is yes, list  the constituents.
                                            A-2

-------
                                                                              OSVER 9938.1
                                                       Handler Name:
                                                       ID Number:  	
                                                       Inspector:  	
                                                       Date:
     (d)  Extractants?                        	Yes  	No                 Comments

     If the answer is yes, list the constituents.




     (e)  Fabric scouring?                    	Yes  	No

     If the answer is yes, list the constituents.




     (f)  Reaction and synthesis media?       	Yes  	No

     If the answer is yes, list the constituents.
If questions 1-6 led the inspector to believe that the vaste may be an
F-solvent, answer question 7.

7.   Are any of the above constituents spent solvents?  A
     solvent is considered "spent" when it has been used and
     is no longer used without being regenerated, reclaimed,
     or otherwise reprocessed.                	Yes  	No

8.   If the waste is a mixture of constituents as determined
     in questions 1-7, answer this to determine whether it
     is a "solvent mixture" covered by the listings.

     If the wastestream is mixed and contains more than one
     of the F001-F005 constituents listed in questions 1-5
     (by volume), give the concentration before use of all
     the constituents in the solvent mixture/blend.  For
     example:

       52  methylene chloride
       2%  trichloroethylene
      252  1,1,1-trichloroethane
      682  mineral spirits
     TOO*

     If the wastestream is a mixture containing a  total of
     102 or more (by volume) of one or more of the F001,
     F002, F004, or F005 listed constituents before use, it
     is a listed waste.
                                            A-3

-------
                                                                         OSVER 9938.1
                                                  Handler Name!
                                                  ID Number:  _
                                                  Inspector:  _
                                                  Date:
With respect to the F003 solvent wastes, if, before                    Comments
use, the vastestream is mixed and contains only F003
constituents, it is a listed vaste.  For example:
 332  acetone
 16%  methanol
 51%  ethyl ether
If the vastestream is a mixture containing F003
constituents and a total of 10% or more of one or more
of the F001, F002, F004, and F005 listed constituents
before use, it is a listed waste.
For example:

 50%  xylene  F003
 12%  TCE     F001
 38%  mineral spirits
If in light of  the above,  the handler appears  to be
generating F001-f005 hazardous wastes,  refer  this
facility  to the enforcement official for  follow-up
actions verifying  the  use  of solvents at  the  facility.
                                        A-4

-------
                                            OSVER 9938.1
            APPENDIX B
TREATHENT STANDARDS FOR P-SOLVENTS
F001-F005 SPENT SOLVENTS
Acetone
N-butyl alcohol
Carbon disulfide
Carbon tetrachloride
Chlorobenzene
Cresols (and cresylic acid)
Cyclohexanone
1 , 2-dichlorobenzene
Ethyl acetate
Ethyl benzene
Ethyl ether
Isobutanol
ethanol
Methylene chloride
Methylene chloride (from the pharmaceutical
industry)
Methyl ethyl ketone
Methyl isobutyl ketone
Nitrobenzene
Pyridine
Tetrachloroethylene
Toluene
1,1, 1-Trichloroethane
1,2,2-Trichloro 1 , 2, 2-trifluoroethane
Trichloroethylene
Trichlorof luorome thane
Xylene
CONCENTRATION
VASTEVATERS
- 0.05
5.0
1.05
.05
.15
2.82
.125
.65
.05
.05
.05
5.0
.25
.20

12.7
0.05
0.05
0.66
1.12
0.079
1.12
1.05
1.05
0.062
0.05
0.05
(IN MG/L)
OTHER WASTES
0.59
5.0
A. 81
.96
.05
.75
.75
.125
.75
.053
.75
5.0
.75
.96

.96
0.75
0.33
0.125
0.33
0.05
0.33
0.41
0.96
0.091
0.96
0.15
                B-l

-------
                                                         APPENDIX  C


                                       LIST  OF  U  WASTES  (40CFR  261.33(f)
 "OMI 
.OC1
.I
J'44
 .!'
.CO]
.00)
-004
.001
.00*
.00'
.001
.00*
jtJO
.321
jJJJ
 -C'l
 jO'4
 .0')
 .O'O
-O'i
.:*
.3*4
-S-J
.it
.CM
.>OM
.CM
.J"
  M
*ct* 404. t
4cr< K4 t
'Ctnc K "
CilOi-4 '"
                    at o I> or (i
                              . ? >. 
-------
Ml)

-------
                                              .-11
 .CM
 .CM

 .CM
 .:
 .'3'


 ",-n
.90'
w ' "
.0*'
U''4
yijl
JC14
jOW
y.lf
31 3
Jr
'J0*
U04|
Jl'fl
,''1
.90*
oot
."1
.'J
.]
.CM
-' '
.0*'
."I
-a
.n
.21)
.11
J'U
^r
.ii
.'
j'X
jOW

-------