United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
SEPA
DIRECTIVE NUMBER:
9432.01(83)
TITLE: Regulatory Clarification of Totally Enclosed
Treatment Facility
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APPROVAL DATE: 2-18-83
EFFECTIVE DATE: 2-18-83
ORIGINATING OFFICE: osw
Q FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or DAA
D B — Signed by Office Director
O C — Review & Comment
REFERENCE (other documents):
\NER OS \NER OS \NER
DIRECTIVE DIRECTIVE Dl
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PART 260 SUBPART B - DEFINITIONS
DOC: 9432.01(83)
Key Words: Treatment
Regulations: 40 CFR 260.10, Parts 261, 264, 265
Subject: Regulatory Clarification of Totally Enclosed Treatment Facility
Addressee:
Originator:
Source Doc:
Date:
Summary:
Duane W. Marshall, Regulatory Affairs Program Manager, NCASI,
260 Madison Avenue, New York, N.Y. 10016
John P. Lehman, Director, Hazardous and Industrial Waste
Division
#9432.01(83)
2-18-83
The definition of a totally enclosed facility appears in §260.10(a) and
such a facility is exempted from the requirements of Parts 264.1(g)(5) and
265.1(c)(9). The owner or operator of such a facility need not seek a permit
for that process as it poses negligible risk to human health and the environment.
The following requirements must be met to have a totally enclosed treatment
facility:
a. It must be completely contained on all sides.
b. It must pose negligible potential for escape of constituents to the
environment except through natural calamaties or acts of sabotage or
war.
c. It must be connected directly by pipeline or similar totally enclosed
device to an industrial production process which produces a product,
byproduct, Intermediate, or a material which is used back in the
process.
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UNIT~1 STATES ENVIRONMENTAL PROTECTS AGENCY
9432.01 (83)
FED i e :963
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The subject or i MI -it. LI; M^l i-;,ut ' •; nc?t a Totally
Lucj-osuo Treatment t";jcil-it'; In:./ cor-:.- up a number of tinos
since we Jiscusseri t!i" i.'-:;ii'j ir. .JpJj ii»3
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CONCURPEN-;
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OFFICIAL FILE COPY
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TOT;:.1- ENCLOSE: •=EA'«CIIT FACILITY
3 e gu 1 a t o*\v C 1 = r • -.i c 2 : i o n
I. Issue: From o/jest.ions asKed s'nce oromulgation of the regu>
1 at ions on May 19, 193C, it is clear that the definition and
p i at . i i. a i au^iiv.a.jv.11 u' V.MS t r r Ti " t'J.'._a " 1 y eliulubtU L f ea -men <.
facility" r e q j i r e Clarification.
II. Discussion: The defimticn appears in §260.10(a) as
f ol lows:
Totally enclosed treatment facility means a facility for
the treatment cf hazardous waste which is directly con-
nected to an industrial production process and which is
constructed and operat-ed in a Banner which prevents the
release of any hazardous waste cr any constituent thereof
into the environment during treatment. An example is a"
pipe in which *aste acid is neutralized.
A faci1ity meeting this definition is exempted from the require-
ments of Parts 264 and 265 (See §§254.l(g)(5) and 2S5.1(c)(9))
and, by extension, the owner or operator of that facility need
not notify nor seek a permit for that process. The purpose- of
this provision is to remove from ac:i.'e regulation those treat-
ment processes which occur in close proximity to the industrial
process which generates the waste anc which are constructed in
such a way that there is little or no potential for escape of
oollutants. Such facilities pose negligible- risk to human
health and the environment.
The part of the definition which has generated the most
uncertainty is the meaning of "totally enclosed." The Agency
intends that a ''totally enclosed" treatment facility be one
which is completely container on all sides and poses little or
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no potential for escape of was: e tc the en.'ronmer, t ever, during
periods of process uoset. The facility r.^st be constructed so
that no predictable potential for overviews, spills, gaseous
emissions, etc., can result from malfunction of punps, valves,
etc., associated with tne totally enclosed treatment or from a
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malfunction in the industrial orodess to wMch it is connected.
Natural calamities or acts of sabotage cr war (earthquakes,
tornadoes, bombing, etc.) are not considered predictable, how-
ever.
As a practical matter, the definition limits "totally
enclosed treatment facilif.es" to pipelines, tanks, and to
other chemical, physical, and biological treatment operations
which are carried out in tank-like equipment (e.g., stills,
distillation columns, cr pressure vessels) and which are con-
structed and operates tc prevent discharge of potentially
hazardous material to the environment. "Mis requires consid-
eration of the three primary a/enues of escape: leakage, spills,
and emissions.
To prevent leaking, tne tank, pipe, etc., must be made of
impermeable materials. The Ac=ncy is using th.e term impermeable
in the practical sense to mea.n no transmission of contained
materials in quantities which would be visibly apparent. Fur-
ther, as with any ether treatment process, totally encl-osed
treatment facilities are Subject to natural deterioration (cor-
rosion, etc.) which could ultimately result in leaks. To meet
the requirement •>'n f.e definition that tre?tment be conducted
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". . . in 2 manner which prevents- the release or any^hazardcjs
waste or any constituent thereof into the environment . . . ,"
the Agency believes that an owne'r or operator claiming the
exemption generally will have tc conduct inspections or other
discovery activities to detect, deterioration and carry out
maintenance activities sufficient- to remedy it. A tank or
pipe which leaks is not a totally enclosed facility. As a
result, leaks must be orevented from totally enclosed.faci1iti es
or the facility is in violation of the regulations.
A totally enclosed facility must be enclosed on all si.des*.
A tank or similar equipment must have a cover which would elim-
inate gase.ous emissions and spills. However, many tanks incor-
porate vents and relief valves for either operating or emergency
reasons. Such vents must be designed to prevent overflows of
liquids and emissions of harmful gases and aerosols, where such
events might occur through normal operation, equipment failure,
or process upset. This can often be accomplished by. the use of
traps, recycle lines, and sorption columns of various designs to
prevent spills and gaseous emissions. If effectively protected
by such devices, a vented tank would quali.fy as a totally
enclosed treatment facility.
When considering protective devices for tank vents, the
question arises as to whether the protective device is itself
adequate. The test involves a judgment as to whether the
overflow or gaseous emission passing through the .vent will be
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prevented from reaching fhe env.i ro inert. "or example, an
open catchment basin for overflows, is not satisfactory i* the
hazardous constituents ' n the waste may be emitted to the air.
Similarly, it may also not be satisfactory if it is only large
enough to hold the tank overflow for 'a" brief period before it
also overflows. However, even in -this situation , alarm systems
cou'ld be installed to ensure that the capacity of the catchment
basin is not exceeded. 'here air emissions- from vents or
relief valves are concerned, if the waste is non-volati1e•or
the emissions cannot contain cases or aerosols which could be
hazardous in the atmosphere, then no protective devices are-
necessary. An example might be a pressure relief -valve on a
tank containing non-volatile wastes. Where potentially harmful
emissions could occur, then positive steps must be taken. For
example, the vent could, be connected to an incinerator or pro-
cess kiln. Alternately, a soration column might be suitable
if emission rates are low, the efficiency of the column approaches
100 percent, and alarms or other safeguards are available so
that'the upset causing the emission will be rectified before
the capacity of. the. column is exceeded. Scrubbers will normally
not be sufficient because of their tendency to' malfunction and
efficiencies typically do not approach 100 percent.
Tanks sometimes have floating roofs. To be eligible as a
totally enclosed facility, such tanks should be constructed so
that the roof has a sliding seal on the side which is designed
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to prevent gaseous emissions = nd p--ot.ect acainst possible
overf1ow.
The part of the def-initior, reqin r"1'ng. that totally enclosed
treatment facilities be "directly connected to an industrial
production process" also generates some "uncert a: nty. As long as
the process is integrally connected via pipe to the production
process, there is no potential for the waste to be lost. The-
term "industrial production process" was meant to include only
those processes which produce a product, an intermediate, a
byproduct, or a material which is used back in the production
process. Thus, a totally enclosed treatment operation, inte-
grally connected downstream from a wastewater treatment lagoon
would not be eligible for the exemption because the process to
which it is connected is not an "industrial production process."
Neither would any totally enclosed treatment process at an off-
site hazardous waste management facility qualify, unless it were
integrally connected via pipeline to the generator's production
process. Obviously, a waste transported by truck or rai-1 is
not integrally connected to the production process.
Hazardous .waste treatment is often conducted in a series
of unit operations, each connected by pipe to the other. As
long as one end of a treatment train is integrally connected to
a production process, and eacn unit operation is integrally con-
nected to the other, all qualify for the exemption if they meet
the requirement of being, "totally enclosed." If one unit opera-
tion is not "totally enclosed" or is not "integrally connected,"
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then only unit ope^aticis ucstream from that unit would qualify
for the exemption. The unit' an-c downstream process would require
a permit.
The device connecting the totally enclosed treatment facil-
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some pipes (e.g., sewers) are constructed with manholes, vents,
sumps, and other openings. Pipes with such openings may qualify
as totally enclosed only if there-is no potential for emissions
or overflow of liquids during periods of process upset, or if
equipment (sorption columns, catchment basisn, etc.) has been
installed to prevent escape of hazardous waste or any potentially
hazardous constituent thereof to' the environment.
This exemption for totally enclosed treatment facilities
applies only to the facility itself. The effluent from that
facility may still be regulated. If the waste entering the
totally enclosed treatment facility is listed in Subpart D of
Part 261, then the effluent from the facility is automatically
a hazardous waste and must be treated 23 s.uch, unless it is
"delisted" in accordance with §§260.20 and 260.22. If, on the
other hand, the waste entering the totally enclosed treatment
facility is hazardous because it meets one of the characteris-
tics described in Subpart C cf Part 261, then the effluent
waste is a regulated hazardous waste only if the effluent meets.
one of the characteristics. Since the totally enclosed treat-
ment facility is exempted fror- the regulatory requirements, it
is only the effluents from such processes which are of .interest
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to the Agency. Thus, whether the' waste- in a totally, enclosed
treatment facility must be considered towards che 1000 kg/month
small quantity generator lirr.1t, depends on whether it is a regu-
lated hazardous.waste as it exits-the totally enclosed treatment
faci1ity.
Finally, it is important to note that if the effluents
from a totally enclosed treatment facility are discharged to
a surface water body (lake or stream) or to a publicly owned
treatment works or sewer lire connected thereto, then these
wastes are not subject to the «CRA hazardous waste controls a*
all but are, instead, subject to the Clean Water Act and regu-
lations promulgated thereunder (See 45 FR 76075).
III. Resolution; In sum, a -"totally enclosed treatment facil-
ity" must:
(a) Be completely contained on all sides.
(b) Pose negligible potential for escape of constituents
to the environment except through natural calamaties
or acts of sabotage or war.
(c) Be connected directly by pipeline or similar totally
enclosed d-evice to an industrial production process
which produces a product, byproduct, intermediate,
or a material which is used back in the process.
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NATIONAL COUNCIL OF THE PAPER INDUSTRY FOR AIR AND STREAM IMPROVEMENT. INC.
260 MADISON AVE. NEW YORK. N.Y 10016 (212) 532 - 9000
Duane W. Marshall
Regulatory Affairs Program Manager
(212) 532 9435
February 11, 1983
Mr. John Lehman, Director
Hazardous and Industrial Waste Division
Office of Solid Waste (WH 565)
U.S. Environmental Protection Agency
401 M Street S.w.
Washington, D.C. 20460
Dear John:
In July of 1980, I and a number of representatives from the
pulp and paper industry sought your assistance in interpreting
several provisions of the RCRA Subtitle C regulations. One of
the questions raised in the discussion involved the notification
requirements where totally enclosed treatment systems are em-
ployed.
As I recall the conversation, it was indicated that there
was no Agency intent to extend Subtitle C coverage back beyond
the point at which wastes have an opportunity to become exposed
to the environment in a manner chat would pose a hazard to human
health and the environment. This view was apparently embodied
in allowances made for waste handlina practices that conform
with criteria established in the definition of totally enclosed
treatment systems. Accordingly, there would be no requirement
that a generator notify EPA of the existence of a hazardous
waste activity where (a) wastes are piped directly from a manu-
facturing process, and (b) through the confluence of other waste
streams in the pipeline, the conbinc-d waste stream is not haz-
ardous when exposed to the environment. It would also follow
that a hazardous waste stream managed in the above fashion need
not be considered in any accounting related to small generator
status.
The existence of a state interpretation which is at vari-
ance with the above thinking has recently come to my attention.
I recognize that states have the prerogative to make more strin-
gent interpretations. However, I want to be sure that I cor-
rectly understand EPA policy.
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John Lehman - 2 - February 11, 1983
As a result, I would be gratified if you could provide me
with any additional guidance regarding totally enclosed treat-
ment systems that may have evolved since our July 1980 dis-
cussion.
Sincerely,
Duane W. Marshall
Regulatory Affairs Program Manager
DWM:gs
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