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
                               •

           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

-------
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.

-------
                     UNIT~1 STATES ENVIRONMENTAL PROTECTS AGENCY
                                                                     9432.01 (83)
                                     FED i  e :963
        ;ir. Cuonr  »;.
        Rur,".!1 atory Jȣ Lairs.  1'ro jr.m  ftan-mor
        I1CAJI
        2GO fiadison Avomu-
        New York,  Now YorJ.   L(lfi] G

        DiT«r Duanc .

             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


•


.
•

CONCURPEN-;



ES

.











.

tp* r^» inw
                                                                      OFFICIAL FILE COPY

-------
               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

-------
 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
                 •                *
 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

-------
 ".  .  .  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

-------
 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

-------
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,"

-------
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-
.,   ,.  ^ i   -]«•._ a •*• * n - -,-/•----  -.••)'''  !-">•-»-T1"  k «• -  ~*r»s»   U rii.ip »<« «•
i Ujr I. w v II C 9611 fc I 3 - > il s >; • G s. ^ „ -.  ii l . .  l.....u..v  .- _  r  ,-•     «»
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

-------
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.

-------
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.

-------
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

-------