Healthcare Environmental Assistance Resource Pollution Prevention and Compliance Assistance for Healthcare Facilities Volume 18 of 19

cv • ncloae'i) on t^» -'-ie»tion cf «»h«t*»»r tMs ^«clu«lcr. «rt«n.»s to co»hu»tion wattff* that result fror the hurrinc c'- rtxtur*1- of r«*»sil *n<« et^er fuel*. In that in»*r?*r*ta f ion , tfe »xcl-- «lon *a« '••flnert to include all wa»te« r^neratec* tr t^e .<«« »:- '••ar« than SO* cf the fuel aixtnre. ?*i» i«t«rpr»ta tinr i^ ^*i!l The "he«««held w»«t« •veluvion* of <«0 CFV r«i.4(*»)(D turn* f»ot on the* «oPT>o«tti«i» of th» waete, *«t o*« w»»*ther r particular eoarec of th«» va«t» can ?>ree«rlv >»• ^^araet^rx** • s a household. Fa»e^ on eh« information yei >>*v» crf»vie»r •• •«• no *«•!• fcr • ee*clt»«ion that th* »»aw »«!»a«« f«t»!

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teii*r pl*ft i« • houte^ld- In addition Section 223 of
Haxardoua «n4 Solirt «a«t* Ai-«nan»nt» of 1<»?4 nodir'ierf ?C<i v,-»» *r« -ovine A* ra'-i^lv ««
«*t tr wc^uir* t*«» ^«t* r«c**«*rv for r«
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JAN 2019ST
Jo;».. 1. i'-trr i n ^ tou, L.'«V«.'». P
vi^.iw.'j^t -_• oi c..-_ .\.uCi icai4 wo
o.; Veterinary r-«it.ioj.oji5t3
A-iiuw jojv i'ox K.a Drive
wiiicinu.it i Ohio 4i2JO
.'.as i- i.i rss^cnse to /our letter of Jeceab^r 17, 19d-j,
i.i w;*icM ^ou ru^uast clarification on tue relevance of "liiiJ
iarr.i:i-j" .^racticea to tue Jc-iiaitioa of land -iisposal in tl«s
Ation *nJ ixacovar / Act (RCR*i) as ancndod by
anJ :loli-i .,
.-.aitaer ^arvadex, nor its aetabolite, uel^nine,
uru Ii-t2cj KC.-uv aozaruuuo 'va.t-si, but aniual aanuras nay oj
rvijUlateu ur^cr RCi\A if taey oxnibit on« or uorc of tne character-
iiitic.-j or .tazatcuus waatc (i.e., corr.»ivit/, ignicitility. s)*»
toxicity, cr reactivity)* aowcver, solii wast«s generated fro".
t.iC raisin, ui anii*dla (including animal (manures) a.il whicn ^re
rscucued to tn« soils as fartilizara, ar« axcluda-J fro« r«-julation
im a uo^aruoua waate l^urjuavjt tc« 40 C.-'R 2 ,»!.-• (b) (2)). Alt.mu 7--
lanj rarnin^j is land disposal, if these wastes when apolicd to
t.t<- x&iiu ar< not hazardous wastes (whica is liXaly), t^e-/ are
aot suDject to ths land disposal restrictions.
j ths provision* of RC.iA, r>asticid3S such as
arc subject to oeterni nations concerning their
on under the- roaerol Insecticide, ^ungicids, an-J
Rocianticide Act. The A-j*ncy is currently reviewing exposure
u-ita provided ^y the aanuiacturar to detornina w:ietvi«»r
fro * tii* MT^ of juACU
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9441.1987 (0-
Mr. James £. (Jim) Nugent., Chairman
Railroad Commission of Texas
Capitol Station, P.O. Drawer 12967
Austin, Texas 78711

Dear Mr. Chaimant

Thank you for your letter dated October 21, 1986. As
discussed below, the Agency has made soae decisions concerning
issues you raised in your letter. Because these tentative
determinations are preliminary, however, we invite further
discussion on them.

The legislative history of Section 3001(b)(2)(A) of the
Resource Conservation and Recovery Act (RCRA) sheds some
light on the identity of oil and gas and geothermal energy
wastes subject to exemptions1

the term "other wastes associated" is specifleally
included to designate waste materials intrinsically
derived from the primary field operations associated
with the exploration, development, or production of
crude oil, natural gas, or geothermal energy. It
would cover such substances as hydrocarbon-bearing
soil in and around facilities; drill cuttings;
materials (such as hydrocarbon, water, sand and
emulsion) produced froa a well in conjunction with
crude oil, natural gas, or geothermal energy; and
. the accumulated material (such as hydrocarbon, water,
sand, and emulsion) from production separators, fluid
, treating vessels* storage vessels, and production
impoundments.

The phrase 'intrinsically derived from the primary
field operation ..." is intended to differentiate
exploration* development, and production operations
from transportation.(from the point of custody
transfer or of production separation and dehydra-
tion) and manufacturing operations.
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Given the above background, EPA intends to employ four criteria
to assist in determining whether a waste is exempt, pending
completion of our Report to Congress next years

1* Only waste streams intrinsic to the exploration
for, or development and production of, crude oil,
natural gas, or geothermal energy are subject to
exemption. Waste streams generated at oil, gas,
and g«othermal energy facilities that are not
uniquely associated with exploration, development,
or production activities are not exempt (one
example would be spent solvents from equipment
cleanup).

2. Exempt waste must be associated with "extraction"2
processes, which include measures (1) to remove
oil, natural gas, or geothermal energy from the
ground or (2) to remove impurities from such
substances, provided that the purification process
is an integral part of normal field operations.3

3. The proximity of waste streams to primary field
operations is another factor in determining the scope
of the exemption. Process operations that are
distant from the exploration, development, or
production operations may not be subject to
•exemption.

4. Wastes associated with transportation are not
exempt. The point of custody transfer, or of
production separation and dehydration* may be
used as evidence in making this determination.

As shown on the enclosed table, EPA has used these criteria
to tentatively designate various wastes as exempt or not exempt.
This table was taken from our October 31, 1986 Technical Report
on wastes from the extraction of oil, gas and geothermal energy
(copy enclosed). The Agency is aware that this list does not
include all waste streams found at oil* gas* or geothermal energy
extraction facilities. Therefore, EPA invites commenters to
specifically describe other pertinent waste streams and to artic-
ulate, in terms of the above criteria, whether they believe
these additional streams are exempted by Section 3001(b)(2) (A).
EPA also invitee comment on the criteria themselves and on
the appropriateness of the tentative classification shown on
2 The term extraction is defined to include exploration,
development, and production activities for oil, gas,
and geotherm&l energy,

3 Thus, wastes associated with such processes as oil refining,
petrochemical-related manufacturing, or electricity
generation from geothermal energy are not exempt.
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-3-

the table. However, we believ* this interpretation is consis-
tent with the final 'Small Quantity Generator* regulation
promulgated on March 24, 1986 (51 FR 10146, copy enclosed;
see especially page 10162 for a discussion of the applicability
of that rule to offshore oil rigs).

Consistent with the Small Quantity Generator regulation,
EPA's Region 6 office in Dallas has distributed "notices of
hazardous waste registration requirements'. They are being
distributed only as a result of inquiries or requests in
order to aid parties in fulfilling responsibilities which
they consider to be theirs under the law. Because EPA did
not seek data from these facilities requesting information
on our Small Quantity rule, we are unable to determine whether
their waste streams meet the four criteria discussed above.

I trust this clarifies the Agency's current assessment
of the scope of the exemption. If I can be of any further
assistance, please let me know.
Sincerely,
/•/ Jack W. McGrftt
Enclosures (3)
y.
\"
J. Winston Porter
Assistant Administrator
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9441.1986(16)
RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

FEBRUARY 86
Fossil Fuel Combustion Waste Exclusion

A coal combustion process produces a mixture of fly ash and bottom ash, a
waste that is deemed non-hazardous in 40 CFR §261.4(b)(4). v^en quench
water cones in contact with the ash to cool it, the water sane tines becomes
alkaline to the point of corrosivity. A pipeline transfers this mixture to
a dewatering facility, and the dewatered ash is placed on a truck. Is this
corrosive quench water a hazardous waste, even though it is fro& an excluded
ash?

Fly ash, tot ten ash, slag and flue gas mission control wastes generated
primarily from the burning of fossil fuels are exonpt from hazardous
wast* regulation under RCRA according to 40 CFR $261.4(b)(4) and Section
3001(b)(3) (A)(i) of RCRA. The quench water becomes corrosive-solely as
a result of contact with the ash. Because the hazardous waste charac-
ter: 3 tic of the quench water is derived from an exempt waste, the resul-
ting corrosive quench water retains the exempt status of that waste. In
other words, whatever makes the water corrosive is already exempt, so the
water is also exempt from regulation as a hazardous waste.

Source: Ephraijn King (202) 382-7709
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9441.193
CERCLA and XCXA Liability of Municipal Sponsor* of Household
Hazardous Vmste Collection Progr
P. Lefemmn, Director
Waste Management and Economics Division (WH-565)

Basil G. Constantelos, Director
Waste Management Division
Region V

I aa responding to your October 29, 1985, memorandum
requesting an Agency policy statement concerning the liability
under the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of municipal sponsors of household
hazardous waste collection programs. In addition, this
memorandum clarifies the issue of potential liability under
the Resource Conservation and Recovery Act (RCRA). The
following interpretations are based on discussions of these
issues with the Office of General Counsel (OGC) and the Office
of Enforcement and Compliance Monitoring (OBCM).

In a June 7, 1984, memorandum to the Deputy Administrator,
Lee Thomas (then Assistant Administrator for the Office of
Solid Waste and Emergency Response) clarified the issue of
RCRA liability. This memorandum, which is attached, stated
that household hazardous wastes are by definition exempt from
regulation under Subtitle C of RCRA. Section 261.4(b)(l)
unconditionally exempts household wastes from being designated
as hazardous even when accumulated in quantities that would
otherwise be regulated or when transported, stored, treated,
disposed, recovered, or reused. However, when household
wastes are mixed with hazardous wastes from small quantity
generators, this resulting mixture is subject to the small
quantity generator rules (Section 261.5(h)). In addition,
when household waste is mixed with other regulated hazardous
wastes, the entire mixture becomes subject to full hazardous
waste regulation (Section 2€l«3(a)(2))« For this reason,
sponsors of household hazardous waste collection programs
should be careful to limit the participation in their programs
to households to avoid the possibility of receiving regulated
hazardous wastes from commercial or industrial sources.

With regard to CERCLA, we cannot offer relief from long-
term liability. CERCLA does not contain any type of exclusion
for household waste or any type of exclusion based on the
amount of waste generated. As a general matter, any wests that
qualifies as a hazardous substance under CERCLA is subject to
the liability provisions of Section 107. Hazardous substances
are both defined under Section 101(14) and designated under
Section 102(a). Therefore, if a household waste contains a
substance that is covered under either section (whether or not
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It is * RC1A hazardous waste), potential CERCLA liability
would apply regardlees of whether the material was picked up
as part of a ccemmmity's routine trash collection service or
was rjitmerert as part of a special collection day program.
With r aspect to household hazardous waste, such waste would
clearly qualify as a "hazardous substance* if they contain
any substance listed in Table 302.4 of 40 CFR Part 302. See
50 Federal Register 13474 (April 4, 1985).

With regard to enforcement under CERCLA, you noted that
John Skinner, former Director of this office, recently cited
a policy statement in a May 4, 1984, letter (attached) from
Region I Administrator, Michael DeLand, to Dana Duxbury of the
Massachusetts League of Women Voters. This policy statement
relied on enforcement discretion in indicating that EPA had no
intention of taking enforcement action against a Massachusetts
town that sponsored a contracted collection day, if problems
arose in the transportation or disposal of the household
hazardous waste collected during the collection program.
Further clarification was offered by Courtney Price (OECM)
in a memorandum dated May 11, 1984 (attached), to Alvin Aim,
former Deputy Administrator. For the specific ease of that
Masssachusetts town, the company collecting and transporting
the wastes and the disposal facility owner or operator would
be considered the responsible parties.

While you are correct in stating that the Agency'« general
po'icy is o not give "no action* assurances in enforcement
masters (.<;« attached Courtney Price memorandum of November 16,
1984), Ms* Price addrsssed a specific household hazardous
wasts collection program in the May 11, 1084, memorandum and
explained their position in the Region I case in Massachusetts.
The decision of "no action* in the Massachusetts case was
based on the facts about that specific program. An Important
feature was limiting collections to household hazardous wastes.
No wastes from small commercial businesses were accepted.
Courtney Price indicated that OECM would have to look at the
specific facts of any situation involving wastes from small
businesses to determine whether aa exercise of snforcement
discretion would be appropriate.

In oar recent discussions with OECM, we have considered
the concept of "no action* as a possible general policy for
sponsors of household hazardous waste collection programs.
OBCM has not yet completed their analysis of this issue. They
expect to complete their analysis in the next several weeks
and will supply their policy statement in a separate memorandum,

If you have any questions regarding the issues addressed
in this memorandum, please contact Michael Plynn of ay staff
at 382-4489.
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9441.1984(33}
RCRA/SUPERFUND HOTLINE SUMHARIES

NOVEMBER 84
Solid wastes that result frcrn the extraction, beneficiaticn, ana process in,
of ores and minerals (including coal) are excluded from the RQ& regulations
per S261.4(b)(7). Solvents are often used to clean the equipment vised for
such extraction, beneficiaticn, and processing. Are these cleaning solvents
also exempted per 5261.4 (b) (7) or are they !OA hazardous wastes?

The 5261.4(b)(7) exemption is for wastes which are generated in direct
association with the extraction, benef iciation, and processing of ores
and minerals* The cleaning of equipment with solvents is not directly
associated with these processes. Therefore, solvents used in cleaning
the machinery would be RCRA >>»*»*•<<<•»«? wastes if they are listed or meet
a 5261 Subpart C characteristic.

Source: Alan Corson (382-4770)
Research: Hilary Scnner
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9441.1984(07)
- tl
-«r
Mi»» Bonnie Stuckey - .i-^rc-^us .. -
wesseloan Park Nature Center
551 North Boeke Road
Evansville, IN 47711 . . -, -.r.r. ro1.
• - -MCO
Dear Miss Stxickeyi .-- -5ti«: •-
• ;
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While the Agency certainly encourages the recycling of
satdrials wherever possible, we are not aware of any facilities
that recycle carbon-zinc batteries, tior do we currently have any
poster* or other materials that discuss the recycling or
nroner disposal of household wastes. However, you r.ay wish
to contact the Indiana State Board of Health since that Agency
has responsibility for the hazardous waste program in Indi.ina.
Their address is?

Land Pollution Control Division
_tata Board of Health
1330 ftost Michigan Street* ** A-304
Indianapolis, Indiana 46206
(317) 633-01«>4

In addition, several national organizations disseminate
information on hazardous waste recycling programs. You
way wish to contact the Hazardous waste Project of Environmental
Action Foundation, Dupont Circle Building, Washington, n.C.
20036.

I hope this information will be of use to you.

Sincerely yours,
John H. Skinner
Director
Office of Solid Waste
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Listed
Hazardous Waste
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Exhibit IV
Listed Hazardous Waste
Overheads from Presentations
Relevant Federal Regulatory Citations
RCRA Policy Excerpts
EPA Region 2 63
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Exhibit IV-1
A solid waste may be a regulated
hazardous waste if it is either:

Listed
or
Characteristic
EPA Region 2
64
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Exhibit IV-2
Is The Solid Waste Listed As A Hazardous Waste?
EPA Region 2 65
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Exhibit IV-2
Lists Of Hazardous Wastes

• Identified in 40 CFR Part 261 Subpart D

• Lists include industrial waste streams and waste
commercial chemical products that typically
- Exhibit one or more hazardous waste characteristics
- Contain hazardous constituents

• Wastes are identified by a single letter prefix (F, K, P, or U)
followed by a three digit number
EPA Region 2 66
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Exhibit IV-4
Lists Of Hazardous Wastes

• Non-specific sources (§261.31) - "F" wastes

• Specific source (§261.32) - "K" wastes (not hospital
related)

• Discarded commercial chemical products, off-specification
materials, residues in containers, and spill residues
(§261.33)- "P" and "U" wastes
- "P" wastes - acutely hazardous waste
- "U" wastes - toxic hazardous waste
EPA Region 2 67
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Exhibit IV-5
F-Listed Wastes
Wastes from non-specific sources
Spent solvent wastes
Electroplating wastes - not hospital related

Petroleum refinery oil/water separation floats and sludges
not hospital related
§261.31
•The spent solvent wastes will be discussed in greater detail.
•Electroplating wastes include specific:
- plating bath solutions.
- wastewater treatment sludges.
- plating bath residues.
•See 51 FR 43350 (December 2, 1986) for information on the F006 listing (revision).
•See 55 FR 5340 (February 14, 1990) for information on the F019 listing.
EPA Region 2
68
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Exhibit IV-6
F-Listed Wastes (Cont'd)

Wastes from non-specific sources (cont'd) - not hospital
related

• Dioxin-containing wastes

• Chlorinated aliphatic hydrocarbon production wastes

• Hazardous waste landfill leachate

• Spent formulations from wood preserving processes
§261.31
•The dioxin-containing wastes were promulgated on January 14, 1985 (50 FR 1978).
•The chlorinated aliphatic hydrocarbon production wastes were promulgated (F025) and revised (F024) on December 11, 1989 (54 FR 50968).
•The landfill leachate listing was promulgated as part of the land disposal restrictions program (third-third rule, June 1, 1990, 55 FR 22520).
•Wastes from wood preserving (some dioxin-containing) were promulgated on December 6, 1990 to comply with consent decree resulting from EOF suit
over pentachlorophenol.

EPA Region 2 69
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Exhibit IV-7
F001-F005 Listings

• Cover only solvents used for their solvent properties, as in
degreasing, cleaning, fabric scouring, use as diluents,
extractants, reaction and synthesis media

• Do not cover products disposed of which are produced
using solvents as ingredients in the production process.
Example: do not include paints, inks and adhesives. Note:
This applies to manufacturers of paints, not to consumers
buying paint off the shelf.
§261.31
•Interpretation of the solvent listings generated a great deal of confusion in the past.
•See the December 31, 1985 Federal Register notice (50 FR 52126) for a discussion of solvent uses and the listings.
EPA Region 2 70
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Exhibit IV-8
F001-F005 Listings (Cont'd)
The F001, F002, F004, and F005 listings include all spent solvent
mixtures containing a total of 10% or more (by volume) of all of the
solvents listed under those waste codes
The 10% threshold is applied to the solvent mixture before use.

The F003 solvents are listed for ignitability only; the 10% threshold
does not apply

Examples of healthcare F-listed wastes include:
Solvents that are used in research laboratories, pharmacies, and
morgues
Methanol, acetone, methylene chloride, and others
§261.31
•Note the language of the F001-F005 listings regarding mixtures. This language was added on December 31, 1985.
•See the December 31, 1985 Federal Register notice (50 FR 52126) for a discussion of solvent mixtures.
•Prior to this revision, the listings were interpreted to include only single ingredient solvents.
EPA Region 2

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Exhibit IV-9
K-Listed Wastes - Not Hospital Related
Wastes from specific sources
• Identified by industry:
- Wood preserving
- Production of inorganic pigments
- Production of veterinary pharmaceuticals (this does not
apply to human pharmaceuticals)
EPA Region 2 72
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Exhibit IV-10
K-Listed Wastes (Cont'd)
Not Hospital Related
Wastes from specific sources (cont'd)
• Identified by industry (cont'd):
- Production of organic chemicals
- Production of inorganic chemicals
- Production of pesticides
- Petroleum refining
Ink formulation
EPA Region 2 73
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Exhibit IV-11
K-Listed Wastes (Cont'd) -

• Identified by industry (cont'd):
- Production of explosives
- Production of iron and steel
- Production of primary metals (smelting wastes)
- Coking

• Healthcare facilities generally do not produce this type of
waste
•The history of the smelting wastes listings is very convoluted (K064-K066, K088, K090, K091).
- Most recently, the Agency relisted those wastes as hazardous on September 13, 1988 after determining that they were not within the scope of the mining
waste exclusions (53 FR 35412).
- The U.S. Court of Appeals remanded all the listings except K088 (spent potliners) to the Agency for further consideration and explanation.

EPA Region 2 74
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Exhibit IV-12
P- And U-Listed Wastes

• Section 261.33 lists over 350 commercial chemical products
which are hazardous when discarded
- P-listed wastes are known as acute hazardous wastes
(§261.33(e))
- U-listed wastes are known as toxic hazardous wastes
(§261.33(f))
§261.33
•Products are hazardous wastes only when discarded (i.e., when they are first determined to be solid wastes) by virtue of being abandoned (i.e., disposed of
burned or incinerated, or accumulated prior to disposal, burning, or incineration), recycled, or inherently waste-like (§261.2).
EPA Region 2 75
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Exhibit IV-13
P- And U-Listed Wastes (Cont'd)

The phrase "commercial chemical product or manufacturing chemical
intermediate having the generic name listed in ..." refers to a chemical
substance which is manufactured or formulated for commercial or
manufacturing use which consists of the commercially pure grade of the
chemical, any technical grades of the chemical that are produced or
marketed, and all formulations in which the chemical is the sole active
ingredient. It does not refer to a material such as a manufacturing process
waste, that contains any of the substances listed in paragraph (e) or (f).
Where a manufacturing process waste is deemed to be a hazardous waste
because it contains a substance listed in paragraph (e) or (f), such waste will
be listed in either 261.31 or 261.32 or will be identified as a hazardous waste
by the characteristics set forth in subpart C of this part.
§261.33
•Products are hazardous wastes only when discarded (i.e., when they are first determined to be solid wastes) by virtue of being abandoned (i.e., disposed of
burned or incinerated, or accumulated prior to disposal, burning, or incineration), recycled, or inherently waste-like (§261.2).
EPA Region 2 76
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Exhibit IV-14
P- And U-Listed Wastes (Cont'd)

• Unused chemical substances (e.g., pharmaceuticals)

• Pure or technical grade chemical formulations

• Formulations in which the chemical is the sole active
ingredient
§261.33
•See the comment after §261.33(d) for an explanation of the commercial chemical product listings.
•See also discussion on 55 FR 22671 (June 1, 1990, the third third and disposal restrictions rule).
•Sole active ingredient means that the chemical is the reason the production works. For example, the residue from a pesticide listed in 261.33(f) would be
considered a sole active ingredient even if it were mixed with a carrier (such as water). Therefore, it would be considered a discarded commercial
chemical product. Nail polish which contains toluene, however, would not be considered a discarded commercial product because it is not the unique
chemical active in the nail polish.

EPA Region 2 77
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Exhibit IV-15
P- And U-Listed Wastes (Cont'd)

• Off-specification commercial chemical products or
manufacturing chemical intermediates
• Residues of the above materials remaining in "non-empty"
containers
• Residues, contaminated soil, water, or debris resulting from
clean-up of spills of above materials
§261.33
•The presence of one or more of the P or U listed chemicals in a process residue or wastewater does not, in and of itself, make that substance a P or U
listed waste.
•A proposal to regulate mixtures of P listed wastes based on toxicity was never promulgated (February 13, 1986, 51 FR5472).
EPA Region 2 78
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Exhibit IV-16
U-Listed Wastes
• Ethylene Oxide (U11
• Chloral Hydrate (U034)
• Chlorambucil (U035)
• Cyclophosphamide (U058) T
• Acrylonitrile (U009)
• Daunomycin (U059)1 ^^^
• Melphalan(UlSO)
• Acetyl Chloride (U006) —
• Aniline (U012)
• Azaserine
EPA Region 2 79
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Exhibit IV-17
U-Listed Wastes (Cont'd)
MitomycinC(U010)
Streptozotocin (U206)
Bromoform (U225)
CacodylicAcid(U136)
Carbon Tetrachloride (U211)
Diethylstilbesterol (U089) |
Lindane (U129) -
Saccharin (U202) ^^"^
Chlornaphazin (U026)
p-Chloro-m-Cresol (U039)
EPA Region 2 80
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Exhibit IV-18
U-Listed Wastes (Cont'd)
Selenium sulfide (U205)
Uracil mustard (U237)
2-Chloroethyl Vinyl Ether (U042)
Creosote (U051)
Cresols (U052) I ••
Warfarin < 0.3% (U248) 1
Resorcinol (U201) ^_
Paraldehyde (U182) ^^"P1
Dichlorobenzenes (U070, U071, U072)
Ethyl Acetate (Ul 12) _JfaHA
EPA Region 2 81
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Exhibit IV-19
U-Listed Wastes (Cont'd)
• Mercury (U15
• Phenacetin(U187)
• Formic acid (U123)
• Acetone (U002)
• Reserpine (U200) I ••
• Chloroform (U044) '
• Hexachlorophene (U132) ^^
• N-butyl alcohol (U031) ^""^
• Formaldehyde (U122)
• Cyclophosphamide (U058)
EPA Region 2 82
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Exhibit IV-20
U-Listed Wastes (Cont'd)
• Ethyl Carbamate (U23 8)
• Ethyl Ether (U117) 1^^^^^
• Hexachloroethane (U 131)
• Maleic Anhydride (U 147)
• Methanol(U154) I ••
• Methylpyrilene (U 155)
• 3-Methylchloranthrene (Ul57)
• MethyIthiouracil (U 164) ^*m*
• Naphthalene (U165)
• Phenol (U 18 8) k_^^^^fl
EPA Region 2 83
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Exhibit IV-21
U-Listed Wastes (Cont'd)
Tetrachloroethylene (U210)
Trichloroethylene (U228)
Thiram (U244)
EPA Region 2 84
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P-Listed Wastes
Exhibit IV-22
.
Epinephrine (P042
Arsenic Trioxide (P012)
Nicotine (P075)
Arsenic (PO12)
Cyanide Salts (P030) I
Osmium Tetroxide (P087)
Nitroglycerin(P081)
Phentermine (P046)
Physotigmine (P204)

EPA Region 2
85
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Exhibit IV-23
P-Listed Wastes (Cont'd)
Physotigmine salicylate (PI88)
Warfarin > 0.3% (POO 1)
Phenylmercuric Acetate (P092)
Sodium Azide (PI05) •
Strychnine (PI08) I ••
3-Benzyl Chloride (P028) |
Chloropropionitrile (P027) '
Potassium Silver Cyanide (P099)
EPA Region 2 86
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Exhibit IV-24
Sodium Azide - P105
Also found in Enterococcus agars

Listed in 40 CFR 261.33(e) (P-listed HW)
Listing includes: discarded commercial chemical products, off-
specification species, container residues, and spill residues

Sodium azide is a rapidly acting, potentially deadly chemical that
exists as an odorless white solid

When it is mixed with water or an acid, sodium azide changes
rapidly to a toxic gas with a pungent (sharp) odor

It also changes into a toxic gas when it comes in contact with solid
metals (for example, when it is poured into a drain pipe containing
lead or copper)

The odor of the gas may not be sharp enough to give people
sufficient warning of the danger
EPA Region 2 87
-------
Exhibit IV-25
Chemotherapy Wastes
Seven are U-listed:
- Chlorambucil (Leukeran) (U035)
- Cyclophosphamide (Cytoxan, CTX, Neosar, Procytox)
(U058)
- Daunomycin (Daunorubicin, Cerubidine, DaunoXome,
Rubidomycin, Liposomal Daunorubicin) (U059)
- Melphalan(Alkeran,L-PAM)(U150)
- Mitomycin C (Mitomycin, Mutamycin) (UO10)
- Streptozotocin (Streptozocin, Zanosar) (U206)
- Uracil Mustard (U23 7)
EPA Region 2 88
-------
Exhibit IV-26
Chemotherapy Wastes (Cont'd)

• One is P-listed:
Arsenic Trioxide (Trisenox) (P012)
EPA Region 2 89
-------
Exhibit IV-27
Chemotherapy Wastes (Cont'd)

• Other listed drugs used in cancer research or treatment;
but not FDA approved:
- Azaserine (UO15)
- Chlornaphazin (U026)
- Ethyl Carbamate (U238)
- 3 -MethyIchloranthrene (U15 7)
EPA Region 2 90
-------
Exhibit IV-28
Future Listings

• No healthcare-related listings are currently proposed

• Possible future listings may include new pharmaceuticals,
such as new chemotherapy drugs, but none are planned
EPA Region 2 91
-------
Exhibit IV-29
Proposed Regulation
EPA proposed a rule November 20, 2003 to modify
regulation of certain shop towels contaminated with listed
solvents

Rule applies to certain solvent-contaminated materials, such
as reusable shop towels, rags, disposable wipes and paper
towels
EPA Region 2 92
-------
Exhibit IV-30
Proposed Regulation (Cont'd)

• Rule would conditionally exclude:

- From the definition of hazardous waste: disposable
industrial wipes that are contaminated with hazardous
solvents and are going to disposal

- From the definition of solid waste: reusable industrial
shop towels and rags that are contaminated with
hazardous solvents and are sent for laundering or dry
cleaning
EPA Region 2 93
-------
Exhibit IV-31
Proposed Regulation (Cont'd)

• Rule would apply to:

- Industrial wipes exhibiting a hazardous characteristic (i.e.,
ignitability, corrosivity, reactivity, or toxicity) due to use
with solvents or

- Industrial wipes contaminated with F001-F005 spent F-
listed solvents or comparable P- and U-listed commercial
chemical products that are spilled and cleaned up with
industrial wipes

• http://www.epa.gov/epaoswer/hazwaste/id/solvents/wipes.htm
EPA Region 2 94
-------
Exhibit IV-32
Used Oil and Fuel in Underground

Storage Tanks

• Used oil is not a RCRA-listed waste but is subject to storage requirements under
the CWA

• You must have a Spill Prevention, Control, and Countermeasure Plan (SPCCP) if
you*:
Have oil storage capacity of > 1,320 gallons above ground or
42,000 gallons of oil capacity below ground
55-gallon drums and other above-ground storage containers less than 55-
gallons are exempt from the 1,320 storage capacity determination

*EPA updated these quantity determinations in August 2002
Hospital Examples

• Emergency generator tanks

• Gas tanks for fleet vehicles such as ambulances
EPA Region 2 95
-------
Exhibit IV-33
Important Resources

• List of lists
List of chemicals subj ect to:
I EPCRA 302
I CERCLA hazardous substances
I EPCRA 313 and
I CAA112(r)
Includes RCRA listed wastes
http://www.epa.gov/oswer/ceppoweb.nsf/vwresourcesbyfilename/

Searchable database at: http://130.ll.53.73/lol/
EPA Region 2 96
-------
Exhibit IV-34
Important Resources (Cont'd)

• RCRA Online Database

• The RCRA Online database is designed to enable
users to locate documents, including publications and
other outreach materials, that cover a wide range of
RCRA issues and topics

• Searchable database at: http://www.epa.gov/rcraonline
EPA Region 2 97
-------
Exhibit IV-3 5
Important Resources (Cont'd)

• RCRA Hot Line 1 -800-424-9346

• The RCRA Hot Line, operated by an EPA contractor,
provides answers to questions posed by the regulated
community and can help you locate EPA guidance
documents and policies

• The RCRA Hotline covers the following statutes:
- RCRA
- EPCRA
- CERCLA
EPA Region 2 98
-------
Exhibit IV-36
Important Resources (Cont'd)

• PharmEcology Associates
- Commercial service
- Offers on-site reviews
- Gives seminars on best practices in managing
hazardous pharmaceutical waste
- Includes a searchable database of pharmaceutical
products (over 107,000 drug items) and applicable
regulatory requirements
- http://www.pharmecology.com
EPA Region 2 99
-------
Exhibit IV-37
Associates, LLC
Providing Environmental Consultation to tne Healthcare Industry*"
Wizard Subscribers
Email:
Password:
Rfttnembcr me
Forgot Your Password?
Establishing
compliant and
cost-effective
-^f
procedures
to manage
pharmaceutical
waste.
On-site Review
An expert assessment to give
you a new perspective on your
current waste management
procedures
« Seminar Program
A crisp introduction to the
best practices in managing
hazardous pharmaceutical
vasts
Pharmacology® Wizard
Your instant reference to ensure
compliance with EPA re-gulaliuna
ZDD South Executive Driv«.Saite tOt • BraafcHsId, Wisconsin S3005 • TEL Z62. 614.2635 • FAX: <11. 473. 99«U *
Copyright 2S02., PL i i •; -jgy* Associaias. LLC. All fights raservad. Vsftw our privacy slatemont.
iitfo@pharmtcalQgy.com
Sat Del 12th, 20Q2 9.Q? AM
EPA Region 2
100
-------
Exhibit IV-3 8
I ft a I iTi \^C OlOy y Associates, LLL CQNTACTUS

Providing Environmental Consultation to the Healthcare Industry™
HELP ? SITE MAP A\
HOW!
ABOUT PHAflWKFCOL
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Welcome: Phil Olson
Commiirf'ty Medical Center
Si. Paul MN

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200 Soulli Executive Drfva. SuilB 1D1 * B rod kheld. Wisconsin 53005 • TEL: 262 BH 263S • FAX

Copyright 2fl'D2. Phi i • Assoe«ates, LIE. AH r»gt«s r»s9Tic«d Vi»w pm
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EPA Region 2
101
-------
Exhibit IV-39
ASSQCtates,
Providing Environmental Consultation to the Healthcare Industry"
CONTACT US
HELP SITE MAP
HOM,
Welcome; Phil Olson
cmmoo'ty Medical Center
Si. Paul, MN

Analysis for. Minnesota
I
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Risk Manage-;
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Federal Hazardous Waste
Product: 00027-0915-10 EPINEPHRINE INJ Q.1MG/ML

Generic: Epinephrinc HCL

Manufacturer: PRESCRIPT
Recommended Waste Classification
1,00 ML Rx

DEA: Non- Controlled
Regulated as federal hazardous waste:
P042 - Epinephrine
Recommended Waste Stream
Handle as hazardous waste:
Toxic
Highlights
20Q South Executive Dfiva, Suite 1D1 * Brookfield. Wisconsin S30D5 • TEL: Z62 B14 2fi35 • FAX; 414.479.9941
Copyriglit 2§02. Phi i • Associates, LLC AH oghis r»s9Tic«d VIEW PHI ini'/J'-y 5 iai<: mgnt.
Sat Oci 12Hi. 2002 9;QJ AM
EPA Region 2
102
-------
Exhibit IV-40
„ __ e^
tiai ill \*^f Ls L/1 L/y y Associates, LLC CONTACT us
Providing Enyjrpnmentat Consultation to the Healthcare Industry™
HELP SITEMAP
HOM,
ABOl/TP.
r-itiiTinai[<|«|»n*ta
Welcome: Phil Olson
Medical Center
• Paul VIN
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2DD South Executive Drke. Suite 1D1 * Brookheld. Wisconsin 530Q5 • TEL 262 fiH 2635 • FAX <1 < 479,9941
Copyright 2fl'D2. Phi i • Assoc»ates, LLC. AH f»ghi£
Sat Ocl 12111.. 2002 9:0? AM
EPA Region 2
103
-------
Pharmacology
Exhibit IV-41
Associates, LLC
Pravitiina'.Envifonmentat Consultation fo the Healthcare
CONTACT US ffi* HELP? SITEMAP
HOM,
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We-coms: Phil Olson
Community Medical Center
Des Momes, IA
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Description
Generic Name
10361-0721-03

10361-0728-01

10361-0728-02
READI-CAT SUS 1.2%
Barium Sulfate

READI-CAT SUS 1.2%
Barium Sulfate

READI-CAT SUS 1.2%
Barium Sulfate
Manufacturer
DEA Status
E-Z-EM
Non-controlled

E-Z-EM
Non-controlled

E-Z-EM
Non-controlled
RX

RX
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2QB South Executive Drive, Suite 101 • BraukfiolJ. Wisconsin 53005 • TEL: 262.81 *.263S » FAX: 414.479.9941 * ln(o@(tharmecologv.QrB
Copyright © 2001-2002 PhEiim" oology '" Associalos. LLC. All rights reserved. View our privacy slatetr.gnt. 2'6^02 - 12:07 pm
EPA Region 2
104
-------
Exhibit IV-42
- ?5* *
11 Cl I ill v^t -^Lf L/1 t-'y Jr Associates, LLC CONTACT us
Proi/iding Enyironmentat Consultation to the Healthcare Industry™
HELP SITE MAP
HOM,
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Si. Paul, MN

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Federal Hazardous Waste
Product: 10361-0721-03 READI-CAT SUS 1.2%

Generic: Barium Sulfatc

Manufacturer: E-Z-EM INC.
Recommended Waste Classification
900.00 ML Rx

DEA: Non- Controlled
Regulated as federal hazardous waste:
D005 - Barium
Recommended Waste Stream
Handle as hazardous waste:
Toxic
Highlights
20Q Sntiiti ExBCUIive Driva. Suite 1D1 * Brookheld. Wisconsin S30D5 • TEL: Z62 B14 2fi3S • FAX; 414.479.9941
Copyriglit 2§02. Phi i • Associates, LLC AH oghis r»s9Tic«d Vi»w pm
Sat Oci 12Hi.
9;QJ AM
EPA Region 2
105
-------
Exhibit IV-43
'harm(e)cology Assoc,at!!s,
Providing Environmental Consultation to the Healthcare Industry11
CONTACT US ffi* HELP? SITEMAP
ABOUT PHABM@CDL,
JiilXfJ1;' -jj- >-r' •'
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Community Medical Centar
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Per Merck Index. Twelfth Edition:
Barium sulfate (BaSQv) mol.wl. 233.39:

BA 58.84% S 13.74%. O 27.42%

Preparations of barium sulfate for radiographic examination of the Gl tract come in
varying concentrations, the lowest being 1.2% (Readi-CAT Suspension by E-Z-EM):
1.2% = 1.2gm
IQOrnl
12gm
1000ml
Since barium is 58.84% of barium sulfate, 12gm x 5884 = 7.06gm of barium

7.06gm = 7060mg
1000ml 1 L

Trto RCRA D (1st regulatory fimit for barium fs 1QOmg/L, therefore even
solutions of barium sulfate exceed1 the toxicity characteristics for barium
2QQ South Executive Qfivfl. Suite 1D1 * Brookfield, Wisconsin 53005 • TEL: 262.Bt4.263S • FAX: 414.479.9941

Copyright 2002. Pi-i i .'•.•sy1- Assoctntes. LLC All r»ghi$ rttsei w>jd VMIW oni iniva^y statoni»«i.
Sat Oct 12lti.2DQ29:QJ AM
EPA Region 2
106
-------
Exhibit IV-44
Important Resources (Cont'd)

• Green Pharmacy Program

- Comprehensive overview of ideas for the stewardship of
Pharmaceuticals and personal care products

- http://web.archive.Org/web/20030622105213/http://www.epa
.gov/esd/chemistry/ppcp/greenpharmacy.htm

• University of Kentucky Cancer Registry

- Comprehensive list of chemotherapy agents and their
abbreviations

- http://www.kcr.uky.edu/manuals/abstractor/appendix h.pdf
EPA Region 2 107
-------
Exhibit IV-45
Important Resources (Cont'd)

• Other websites for information on drugs:
- http://www.drugdigest.org
- http://www.rxlist.com/
- http://www.drugs.com/
• FDA's List of Approved Oncology Drugs
- http ://www.fda. gov/cder/cancer/approved.htm
• List of websites with information on MSDS:
http://hazard.com/msds/links.html
EPA Region 2 108
-------
Exhibit IV-46
Important Resources (Cont'd)
ITA LS
juf a
I EA LTH Y
V I ti O N M E N T"
Hospitals for a Healthy Environment - H2E

The primary goal of the H2E effort is to
educate health care professionals about
pollution prevention opportunities in
hospitals and health care systems

http://www.h2e-online.org

Hazardous waste info at: http://www.h2e-
online.org/tools/chem-hwm.htm

Pharmaceutical waste info at:
http://www.h2e-online.org/tools/chem-
pharm.htm
EPA Region 2 109
-------
Exhibit IV-47
Important Resources (Cont'd)
Sustainable
HOSPITALS
Sustainable Hospitals

Provides technical support to the healthcare
industry for selecting products and work
practices that reduce occupational and
environmental hazards, maintain quality
patient care, and contain costs

Includes a searchable database of alternative
products

http://www.sustainablehospitals.org
EPA Region 2
110
-------
Exhibit IV-48
Important Resources (Cont'd)
Healthcare Without Harm

Health Care Without Harm is an
international coalition of 431 organizations
in 52 countries working to transform the
health care industry so it is no longer a
source of harm to people and the
environment

http://www.noharm.org
EPA Region 2
111
-------
Exhibit IV-49
Important Resources (Cont'd)
• OSHA Hospital eTool
A web-based training tool on
occupational safety and health issues for
hospitals

http://www.osha.gov/SLTC/etools/
ho spital/mainpage. html
EPA Region 2
112
-------
Exhibit IV-50
Relevant Federal Regulations
40 CFR Part 261
261.30 - 261.33
EPA Region 2 113
-------
Exhibit fV
-------
-------

9441.1988(12)
'
* UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
* WASHINGTON. D.C. 20460
APR 2 5 f9S8 =«•« *
SOUS WAS'E A.N3 EME«G£NCV RESIGNS

Michael Geary
Bio-Ecological Services, Inc.
6525 Morrison Blvd.
P.O. Box 2048
Charlotte, NC 28226

Dear Mr. Geary:

This letter is in response to your March 24, 1988, request
for clarification of the status of certain antineoplastic drug
wastes. Your request was for an interpretation of 40 CFR 261.33,
with respect to excess antineoplastic drug formulations which are
not needed and thus are discarded.

If an antineoplastic drug is mixed with diluents, such as
water or saline solution, the excess diluted or undiluted amount
to be discarded is unused commercial chemical product. If the
discarded unused commercial chemical product is listed in 40 CFR
261.33, the material is a listed hazardous waste regardless of
dilution with water or saline because the product still would be
the sole active ingredient. However, it is not considered a
"spent material.11 Section 261.He) (1) defines a spent material as
any matefial that has been used and as a result of contamination
can no longer serve the purpose for which it was produced without
processing. The portion antineoplastic drug, if diluted, has not
yet been used for its intended function, nor is it contaminated.

If an antineoplastic drug is mixed with diluents and with
other Pharmaceuticals for use, the unused mixed excess portion
that is discarded is a solid waste. If the antineoplastic drug is
listed in 40 CFR 261.33, the unmixed excess portion is a listed
hazardous waste, provided the antineoplastic drug is the sole
active ingredient in the mixed formulation. If it is not the sole
active ingredient, the mixture would not be the listed hazardous
wastes; however, the formulation may still be hazardous if it
exhibits any of the hazardous waste character is it ics.

In all of the situations you described, the material (if it
met the listing in 40 CFR 261.33) would have to be sent to a
permitted or interim status hazardous waste management facility.
-------
- 2 -
if the facility generates more than 1 kg per month of acutely •
hazardous waste, or more than 100 kg/month of non-acutely
hazardous waste. See 40 CFR 261.5(f) and (g) for the hazardous
waste management options for conditionally exempt small quantity
generators of hazardous waste.

In addition, any State in which you generate, transport,
treat, store, or dispose of these formulations may have
regulations that are more stringent than the Federal hazardous
waste rules. You therefore should check with the State agencies
to determine what regulations, if any, apply to handling these
materials.

If you have further questions regarding the status of
wastes containing P-listed or U-listed commercial chemical
products, please contact Wanda LeBleu-Biswas at (202) 382-7392.

Sincerely,
Devereaux Barnes, Director
Characterization and
Assessment Division
-------
9441.195~U5i
JM 16
Mr. Fred Kamienny
Vice President
PP2J Service, Inc.
1210 Morse
Royal Oak, Miehioan 45067

Dear Mr. Kamienny:

This responds to your letter of April 13, 19P7, recrarding
the reoulatory status of chemotherapy drugs and related surolies.
In particular, you questioned whether the weight of the "e«r»tv"
vial should be included in determining the amount of drua residues
to be disposed.

As you pointed out, several chemotherapy drug* are listed in
40 CFR 261.33(f) (commonly known as the U-list). An such, these
wastes are regulated under the EPA hazardous waste reoulations
(unless subject to the small quantity Generator exclusion). Inclu*
in the listing are the following discarded commercial chemical
products, off-specification species, container residues, and nriil
residues:

1) chlorambucil (P035)
2} cyclophosphamide (U059)
3) daunomycin (UOS9)
4) melphalan (U150)
5) mitowycin C (UO1P)
6) streotozotocin (U206)
7) uracil Bustard (U237)

Under EPA regulations governing the management of hazardous
wastes, any container used to hold these chemicals (such an vials)
are considered hazardous wastes unless these container* meet the
criteria of an "empty container.* Under the enoty container
provision each vials are excluded from regulation if the material
has been removed by pouring, pumping* and aspirating, and no >«or«
than 1 inch of residue remains in the bottom of the vial or no
more than 3 percent by weight of the total capacity of the container
remains in the container* (See 40 CFF 261.7)

The Agency is aware, however, that prudent nractice dictates
that materials contaminated with these chemicals (such as syrinoes,
) ^
-------
Agency recorncends that the entire volume o* waste be weighe* an*
that there be no attermt to remove any residue frora the vial
before disposal.

Chemotherapy drugs that are not listed hazardous wastes are
not regulated by £PA.. however, you should contact your State or
local covernr^ent regarding the management of these chemicals.
Also, the National Institutes of Health (FI*») provides Guidance
on handling and management of antineoplastics. Contact Harvey
Rooers, at NJH for further information. Mr. Rogers way be reached
at (301) 496-7775.

If you should have any further questions reoarding retnilatorv
requirements for specfic wastes, you way call the *CRA Hotline at
(800) 424-9346, or contact Mitch Kidwell, of my staff, at (2f»2)
382-4805.

Sincerely,
Jacqueline W. Sales, Chief
Regulation Development Section
-------
JAN 27 '33P
•ir. A-e "sral
Piar.t-Socerts Chemicals
1644 Tullie Circle, Suite 118
Atlanta. Georgia 30329

Dear Mr. Esral:

This letter is written in response to your December 16, letter
to J. wir.ston Porter, regarding the office of Solid Waste's
definition of primary and secondary production of steel in electric
arc furnaces. As you are aware, the electric arc furnace is the
most versatile of all steelmaking processes because it can be
operated as either an acid or basic, oxidizing or reducing process
and, thus, can accomodate any combination of raw materials including
ore, steel scrap, and pig iron (plus fluxes such as.limestone and
fluorspar). In general, nearly all steelmakers using the electric
arc furnace use a combination of all of these raw materials.
Therefore, the Agency does not have a definition for primary and
secondary production of steel in electric arc furnaces and does
not differentiate between the wastes generated when a specific
combination of raw materials are used.

The Agency's use of the term, "primary steel production" is
meant to distinguish between manufacturers who produce steel using
the electric arc furnace and foundary operators who use the
electric arc furnace to melt steel scrap for castings. The Agency
made this distinction clear when it published its response to a
comment received on the interim final rule for the K061 listing
(see 45 FR 33124, May 19, 1980) in which a clarification on the
scope of the listings was requested. The interim final rule
read, "Emission control dust/sludges from the electric furnace
producton of steel.* The commenter indicated that it was not
clear whether the listing description applied only to primary
steel production or to both primary steel production and to
foundries using steel scrap in their electric furnace production.

The Agency's response was that the listing was intended only
to include wastes from primary steel production and that this
intent is reflected in the listing background document, which
refers throughout to primary steel production. Also, the Agency
stated that it was uncertain whether foundry electric furnace
emission control dusts and sludges are sufficiently similar in
composition to warrant inclusion in the same listing.
-------
9441.1985(42)
HCTOHMTCTM
SOBJICTj ftagulatory Interpretation for Paaticide Applicator
Waahing Rinaa Water

FROM t Marcia 1. William*, Director
Office of Solid waate

TO: Harry Saraydarian, Direct or
Toxics and Vaate Nanagaaant Division
IPA Raion XX
This is In rasponsa to your memorandum data* September 16,
IMS, regarding tha regulatory status of wasfcwatara that ara
generated by waahimg tha exterior of a paatieida aarial
applicator's airplana. low axpraasad ooaearm tkat UM }
intarpratatien aat forth ia ««r July 22 sjssjora«4uBi oa«s set
conaidar tha ultiaata diapasal and tha hasard praaantad ay
thasa waahwatara and tha anforcavant problaas that sues: an
intarpratation would eauaa. Za particular, in tha study that
was subaittad with your SMM, tha data appaar to sugoaat that
thara ia a potential for aigration of pasticida rasiduaa raaultiog
in contamination of ground watar. Tharafora, you raquaat that
wa ra-visit this issua. In addition, you alao raquaat that wa
axpadlta tha regulations dasignad to cloaa tha currant loop-hola
concarning aixturas of spant aolvanta and othar coaoarcial
products .

Although I undarstand your conearna and ganarally agraa
with you that thasa riasa watara may praaant a hasard if thay
ara not proparly managad, X must agraa with Dr. Skinnar in hia
intarpratatioa of tha rulaai any othar raading of tha rulas
would argua that any chaaiical that is ralaasad into tha an v iron -
mant as a raa«lt of usa would ba disposad and ragulatad undar
RCJtA. in particular, tha mixtura rula atatas that if a aolid
wasts and a hatardoua wasta ara mixad, tha antira mixtura is
dafinad as hasardous. At issua hara is whathar tha paaticida
that adharas to tha axtarior of tha airplana is dafinad aa a
•KCRA hasardous wasta." To ba dafinad as a KOtA hasardoua
-------
9444.1985(37}
RCRA Input to Region IV Inquiry: UIC Well Inventory
Update

Eileen B. Claussen, Director
Characterization and Assessment Division
Office of Solid Waste (WH-562)

Paul Baltay, Director
State Programs Division
Office of Drinking Water (WH-550)

Per your request the following paragraph is the RCRA response
to the embalming fluid question in the subject inquiry.

The RCRA hazardous waste identification regulations
contain two mechanisms for identifying a waste as a
hazardous waste, lists and characteristics. A waste is
a hazardous waste if it either is listed (40 CFR 261.31,
32, or 33) or it exhibits one or more of the defined
characteristics ($261.21, 22, 23, or 24). While used
embalming fluids do not qualify as hazardous under sny
of these criteria, many people mistakenly believe th?»y
they do because formaldehyde, the key ingredient it*
such products, is listed under $261.33. Section 2b?c33
lists commercial chemical products which are hazardous
wastes when discarded or intended to be discarded. It
does not include wastes which result from the intended
use'of the product. Thus, embalming fluid, since it.
consists of formaldehyde plus some inert ingredients
(e.g., colorants and perfumes), would be a hazardous
waste if discarded unused and the septic tank/tile
field could classify as a Class 4 veil. However, if
the generator is disposing of embalming fluid which has
been used, for example, to flush body fluids out of the
cadaver, then disposal of the fluid does not, constitute
disposal of a hazardous waste and the tank/field is not
a Class 4 well*
WH-562B/DPRIEDMAH/ACORSOH/«argaret/rm 8248/382-4770/5-17-85
DFA Diskette
-------
Z fcopa this lattar adaqoataly addrasaa* tha ragulatocy
atatM of w»«t» p0rebloro«tlqrlttB« CTQB yoor facility* Should
you h«v« qtMstioas, pl*«»* call Jaoqualin* §«!••, of wf staff*
at (202) 182-4770*
Jotta «• Skiaa«r
Diracter
Offioa «C Solid Maata
o •
CD •

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^
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oa
8
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9444.1984(07)
May 30, 1X4
v. H. Tancay
NL Baroid
P.O. BOX K7S
Houston, TX 77001

Dear Mr. Yanceyt

This is to confirm our May 29, 1984 telephone conversation
regarding your letter to Alan Corson dated Hay 17, 1*0* f regarding
ballast fluid claasification. Z hope this discussion clarifies
your question on the formaldehyde.

Formaldehyde is listed (as U122) in 40 CPft 2€l.*S(f). This
listing refers only to discarded commercial chemical products,
off-specification species, container residues, and spiJ-1 residues
having the generic name •formaldehyde.* The comment in Section
261.33(d) explains that the term •commercial chemical product*
refers to a substance manufactured for commercial us« which is
commercially pure or a technical grade and formulation in which
the chemical is the sole active ingredient. It does nos refer
to a material, such as a process waste, that contains Gf»y of tha
substances listed in 2<1.33(e) or 2(1.33(f). To be &o«*sidered
a hasardous waste, such process wastes will be listed £n either
Sections 2(1.31 or 2(1.32 or be identified as a hasardous waste
by characteristics as set forth in the regulations.

Zn other words, formaldehyde (and sodium pentachlorophenate)
is being used to keep down growth in the ballast fluid. The fluid
is not considered to be the commercial chemical product formaldehyde.
Ship ballast fluid would have to be specifically listed as a hssardous
waste stream or be hasardous on the basis of the characteristics
(ignitability, eorrosivity, reactivity, or 99 toxicity), as explained
above*
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9444.198 4 (01 >
. .
**"M*tth»w*A. Straus, 'Acting ChUf * * - •.'•._• 1 . /.<*
***** X*«ntifle«tion Branch - '
j*. ' - *

. ;. Besiduals Manag*s»nt Branch
" Air ft Masts Management Division
Region IV ." , •-. -
This •••orandia Is in r«spons« to your question
regarding th« scop* of th« cywnid* listings for SHtal h*at
' treating operations (EPA lasardous Wast* Voc. P010, F011,
*aAd F012). in particular^ you ask*d «n«th*r th* tovm of
cyanid* (i.*.» ccapUx cyanid* or fr** cyanid*) was g*zman*
.in determining vh*th*r on* had a listed waste. Za short,
-the answ«-i—i« no. In listing these-wastes as hazardous,
the Agency was (and is still) concerned with the Maagessmt
(or aisvanageMnt) of cyanide wattes (both emplex cyanide
«nd cyanide salts). If the Agency felt that a distinction
was necessary, it would hare done so in the list inc. for
example,, IPA Hazardous Masts Ho. F012 would have been listed
•*s follows a" *. • - ' -. -
* . - • ' . • • *
" • ." ."Quenching was tews ter treatment sludges from 'cttal -
• . heat treating operations where comolexed cyan*^^ are
. -. .vsed in th* process (excepC for precious me talc fe»at 1
•treating quenching wastewater treatment sludge
• f e
In addition, you should be aware .that the form of cvc nid«
, often changes during the heat treating operation or oubsequsnt
treatmenti therefore, although you may begin with cyanide
salts (free cyanide) your waste may be primarily complex
-cyanide. The waste listings take this into, account by
differentiating between the form of cyanide present in the
***** (*T*«* .only cyanide-salt containing wastes (free
reyanidesTare listed as posing a reactivity Hazard).

* > -Furthermore, it should" \e mated thet^'although complex -
cyanides arm ISM toxic than free* ryaaides, ecmplex cyanide- -
bearing wastes are of concern because of their potential to
undergo photodecomposition to form toxic hydrogen cyanide
«nd free cyanide decomposition byproducts. (See Listing
Background Document for Cyanide wastes, ftesponse to Comments
Section, Comment mo. 3 for more details.)!' Therefore, if
the metal heat treating process uses cyanides in any form,
the process is covered by. the hazardous waste listings.

V This document is included in the document SS2C1.31 and
241.32 - Listing of Hazardous wastes (Finalization of
May 19, 1980 Hazardous Maste List), §1941.28 November 14,
1980.
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9441.1989(49
UNITED STATES ENVIRONMENTAL PROJECTION AGENCY
WASHINGTON. O.C. 20460
SEP 28 1969

SOLID WASTE AND £VE«GENCv *£S»ONSE

MEMORANDUM

SUBJECT: Waste Identification for a Bottling Facility
FROM: Devereaux Barnes, Director
Characterization and Assessment Division

TO: Conrad Simon, Director
Hazardous Waste Compliance Branch (2AWM-HWC)

This memorandum is in response to your memorandum dated
September 11, 1989, in which you requested waste identification
clarification on two issues concerning Fisher Scientific, Inc.

The first issue revolves around the containerizing of
commercial chemical products. The facility takes product in
bulk form and containerizes it in smaller vessels via a process
line. During the process, some residual material from
commercial chemical product number one (e.g., toluene) remains
in the process line after purging with pressurized nitrogen
gas. When the next bulk order is processed, which involves a
chemically different product (e.g., trichloroethylene)
commercial chemical product number one contaminates the first
few vessels of commercial chemical product number two. This
impure product is emptied into a common holding tank (i.e.,
becomes waste). You ask for the regulatory status of this
waste. This waste is an off-specification commercial chemical
product and as such is a listed hazardous waste. In the above
example, commercial chemical product number two clearly is not
used for its solvent properties and, because it is mixed with
commercial chemical product number one, the resulting mixture
would be/correctly designated as an off-specification
commerci4^.cheaical product.
-•a* -
The second issue concerns characteristic vaste (nitric
acid). The characterization of solid vaste as hazardous is
dictated by the regulations under RCRA and appropriate State
regulations. The Department of Transportation regulations do
not overlap in this particular instance; thus it is correct to
state that 49 CTR Section 172.101 has no correlation to, and
does not supersede, 40 CTR Section 261.21. If the vaste meets
the description under Section 261.21, then the vaste is
classified as Hazardous Haste No. D001; if the vaste meets the
-------
description under Section 261.22, then it is classified as
Hazardous Haste No. D002.

If you have any additional questions on these issues,
please f«el free to contact Mr,. Stephen Cochran of my staff at
FTS 382-4769.
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9432.1933iOi)
RCRA/SUPERFUND HOTLINE MONTHLY SUM..

AUGUST 89
3. Clarification of Electroplating Listings

The background document which supported the listing of F006 initially
included electroless plating within the scope of the definition of
electroplating. However, the December 2,1986 Federal Register (54 FJl 43351)
clarified EPA's interpretation of the definition of electroplating as it pertained
to the F006 listing. The clarification stated that electroless plating was not
considered an electroplating process. Would electroless plating baths which
contain small concentrations of cyanide meet the F007 listing when disposed?

No. Although the December 2, 1986, clarification was written specifically
for the F006 listing, the definition of electroplating may be applied
analogously to the F007, F008 and F009 listings. Therefore, plating bath
solutions from electroless plating operations will not meet the F007 listing
\vhen disposed. The bath would be regulated, however, if it exhibited one
or more of the characteristics of hazardous waste.

Source: David Topping (202) 382-7737
Research: Kent Morey
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JUN 281989
MEMORANDUM
SUBJECT: Classification of Solvent and Commercial Chemical
Product Haste Streams .

FROM: Devereaux Barnes, Director
Characterization and Assessment Division (OS-330)

TO: Howard Wilson, Manager
Environmental Compliance Program
Environmental Health and Safety Division (PM-273F)

i
This memorandum is in response to an inquiry you sent to
Ron Josephson of my staff, dated June 8, 1989, and to questions
presented at a meeting, on June 14, 1989. Specifically, you
request a definitive classification of solvent-contaminated
wastestreams in order to prepare a guidance document for EPA
laboratories. He will answer each of your concerns point by
point in order to ensure clarify.

l) During organic liquid-liquid extractions, solvents
(e.g. methylene chloride) are used, which are minimally «2%)
soluble in water. Thus, after the extraction, the aqueous
phase contains trace amounts of solvent. Does this aqueous
phase need to be disposed of as F002 spent solvent, since the
"before use" solvent concentration was greater than 10%?
•"*«

The aqueous phase from this separation is considered to be
analogous to a process stream which has become
contaminated with solvent constituents; this waste is not
a spent solvent stream and would therefore not be
classified as F002.
2) In. other analyses, the extraction of an organic
analyte is * performed with solvents contained only in the F003
listing, such as methanol. Should the aqueous waste be
classified as F003 spent solvent even if it *s not ignitable?

Again, the scope of the listing did not include aqueous
wt +•.<%
erncut. PILI coi
-------
9441.1535:23)

RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

MAY 88
1. Hazardous Waste Identification - Kill Listing

During the production of TNT (trinitrotoulene), DNT (dinitrotoulene) is
generated as an intermediate chemical via nitration of toulene. Does the Kill
listing (i.e., product washwater from the production of dinitrotoulene via the
nitration of toulene) cover the product washwaters generated from this
intermediate step or does the listing only cover those product washwaters
generated from final product DNT?

Product washwaters produced from the intermediate DNT chemical are
included in the Kill listing. The October 23, 1985 Federal Register (50 £R
42937) states that the Kill listing includes "any wastes which meet the waste
description and are generated by the processes described in the background
document, regardless of the end product or industry in which it takes place."
In fact, 50 FR 42937 specifically states "product washwaters from the
production of DNT by nitration of toluene, as an intermediate to TNT
production, also are covered by this listing."

Source: Bob Scarberry (202) 382-4769
Research: Sue Brugler
-------
Kr. Sirmans
Raym&rk Industrial Division ,
1204 Darlington Avenue
Crawford*villa, Indiana 47933

Daar Mr. Sirnanat

After our review of Rayxark's delisting petition (10627)
•ubnittad to the Agency on August 16, 1985* and of additional
information supplied in support of th« petition, the Varianeas
Saetion has established that Ray»ark'a wast* do«s not «eet tha
corractad listing description for K062 vast as pub li shad on
September 22, 1986 (51 PR 33612), which amended tha K062 listing
promulgated on Hay 28, I¥06 (51 PR 19320). Tha listing now
rafars to "pickle liquor ganaratad by staal finishing operations
of facilities within the iron and steal industry (SIC Cedes 331
and 332).* Since you have identified your etching processes as
being classified under SIC Codes 3465 and 3449, your waste picXle
liquor is not a listed hazardous waste and may be managed aa a
solid waste under Subtitle D regulation*. Your petition ia,
therefore, Mooted, and we have eloeed yoor file. Pleaae be
reminded that your waste must still be tested periodically to
verify that it does not demonstrate any of tha characteristics of
hazardous waate.

Should you have any questions regarding our evaluation,
please contact Scott Held, of my staff, at (202) 382-4783.

Sincerely,
5
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te"
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X
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a
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My lac Morse, Chief
Varii
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Xiliii
Karl
Debut, £PA tee;. V
tM Muno, EPA tof. V
»r, SPA teg. T
COMCUItlMCtS
OATt
m^t 1320.1
OFFICIAL FILE COPT
-------
9444. 1987(1 1)
AFK i
Mr. Kurt £. ".toitoan
Project. Coordinator
GW Inc.
Post Office Box A
Saukville, Wisconsin 53080

Dear Hr. Whitnanj

This letter responds to your request for clarification on t!vs
applicability of the F001 through F005 hazardous waste listings to
four specific waste streams generated fron the use of vinin chemi-
cal formulations and whether these wastes are subject to the
November 7, 1936, land disposal restrictions final rule. I
apologize for the long delay in responding to your correspondence.

Each of the scenarios presented in your letter is restated
below and followed by an appropriate response which provides
clarification on whether these wastes aro covered bv the sn»nt
solvent listings (i.e., EPA Hazardous Waste Nos. F001, F002, FQ03,
F004, and F005).

Exaaple fl - "A paint recover consisting of 55% Methylene Chloride,
15% Phenol and 30% Sodiun Chroiaate< This material
is an outdated* virrin product. GW, inc., assi^ne-*
a CPA hazardous waste of 0002 only.."

— According to the above description, the watte strean is an
outdated* virgin product and has not been utilized as a paint
ranover. As such, the solvent was not used for its solvent
prooerties, and therefore, it not covered by th« F001-P005 spent
solvent listings. If this waste strean exhibits the Characteristic
of corrosivity, it would be appropriately classified under EPA
Hazardous Vasts Number 0002.
The spent solvent listings include only those wastes
as a result of a solvent being used for its solvent properties,
that is* its ability to solubiliza (dissolve) or sobiliza other
constituents (e.g., solvents usad in deoreasinq, clean inn, fabric
scouring! as dtluants, astraetants, raaction and synthesis welia).
Furtharaora, tha listing only applies to solvents that are con-
sidered spent (i.e., solvents that hava baan used and ar* no
longer fit for usaTwlthout beinq ra«jenaratad, raclaiaad, or
ot'icrwise rer>roc
-------
X hop* this information adequately addresses your concerns.
Please feel free to contact Williaa Fortune, of »y staff at (202)
475-6715. if you have any further questions.

Sincerely,
Jacqueline W. Sales, Chief
Regulation Development Section
Enclosure
-------
Delisted
Wastes
-------
Exhibit V
Delisted Wastes
No hospital wastes have been delisted yet. Keep for reference.
Overheads from Presentations
Relevant Federal Regulatory Citations
RCRA Policy Excerpts
EPA Region 2 114
-------
-------
Exhibit V-l
Delisting - Not Hospital Related

• When a listed waste may be removed from regulatory
control
EPA Region 2 115
-------
Exhibit V-2
A Listed Waste Remains A Hazardous
Waste Unless: (Not Hospital Related)
• EPA makes a decision to remove the waste from the list
• A waste is delisted per 40 CFR Sections 260.20 and 260.22
261.3(d)(2)
•In the first case, the process involves a change in the rulemaking:
- EPA determines there is no longer a basis for listing.
- The decision is proposed, comments evaluated, and the decision finalized.
- 40 CFR Part 261 is amended to reflect the removal of the waste from the list.
•In the second case, an applicant petitions EPA to delist a waste for a specific facility/process.
EPA Region 2 116
-------
Exhibit V-3
Delisting - Not Hospital Related

• This provision was added to the RCRA regulations because
EPA acknowledges that a particular listed waste from a
particular facility may not be hazardous
•Reasons for delisting include:
- The waste does not contain the constituents or exhibit the characteristics for which it was listed.
- The waste contains constituents at relatively low concentrations.
- The constituents present in the waste are in an immobile form.
- There are no other factors that could cause the waste to be hazardous - this was added by Congress in HSWA because they were concerned that the
Agency was "letting off wastes which should still be included.

EPA Region 2 117
-------
Exhibit V-4
Delisting Procedures -
Not Hospital Related
• Procedures found in Sections 260.20 and 260.22
• Require the applicant to submit information on
Processes and chemicals used
- Results of tests for hazardous constituents and hazardous waste
characteristics
- Current waste management practices
- Other related information as determined to be necessary by the EPA

• Complex information requirements; regulations supplemented by
guidance documents

• EPA promulgates a delisting in the same manner as it lists - proposal,
public comments, and promulgation
•In many circumstances, the delisted waste is extremely limited in terms of when it was generated, how the waste is to be sampled and analyzed on a
periodic basis, and what constituents are precluded from the delisted waste.
•Delisted wastes are promulgated in Appendix XI of Part 261.

EPA Region 2 118
-------
Exhibit V-5
Relevant Federal Regulations
40 CFR Part 260
260.20
260.22
40 CFR Part 261
EPA Region 2 119
-------
-------
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9433.195'
RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

FEBRUARY 87
5. Appealing a Petition Denial

A generator submitted a petition under §260.22 to amend Part 261 to
exclude a hazardous waste produced at. a particular facility, but
the Agency's final decision was to deny the petition. What options
does the generator have for appealing the Agency's decision to deny
the petition?

A generator who has had his petition denied by the Agency nay
appeal to the U.S. Court of Appeals for the District of Colombia
Circuit, pursuant to §7006(a)(l) of RCRA.

The generator tray also wish to petition the Agency for
reconsideration of the decision. Denial of a delisting petition
is a final Agency action, however, and a petition for
reconsideration does not extend the tine to file suit in court.

Source: Steven Hirsch (202) 382-7706
Research: Joe Nixon (202) 382-3112
-------
D€C ! ) J986
MEiiCRANuUK

SUEJcCT: Deiisting Issues Helatir.g to tPA's Mobile Incinerator

TO. ravid wagoner Director
waste Management Civision
Region VII

FROr.: aruce Weddlt, Director
Permits and State Programs Division

This memo serves to sunmarixe th« questions resolved, and
data to ce submitted as discussed in a conference call on
December 8, 1986 with ttyles Morsa of my staff. The questions
discussed included tha extent of coverage of the delistir.9
decision for the Denney Farr site (originally proposed on Jur.e 5,
1985); redefinition of the terms of the contingency testing
requirements r areas of the the original p«t-icicn that would
rfcctain %r*nd±ather»d* and data requireaent^ tnd schedulic?
for a new petition demonstration re^ardin^ waste froto Syntex
Corporation.

First, you asked if the residue generated rrcr, the iucincraticr.
oL ar adoitiouai (approxicately) 550 druns of wast* »oulu be
covered by the original decision anu t.nerefore he considered
non-haxarooua unarX*
of the field demonstration categories in the proposed decision
(see SO ?K iJ722). Tha original decision therefor., would not
have to be reopened for public eossiant to treat these wastes, ^e
do, however, need an accurate description of these wastes and
their estimated voice*! for tha file and to assure OGC that this
-------
- 2 -

interpretation it correct. Several other drums were described
as containing solvent and etillbottom wastes. Neither P«gion VII
nor Prank Freestone of our Edison Lab adequately described this
waste or its source. Therefore, since it. could not be surmised
over ths phons that these wastes were in any way derived tro» the
original 13 categories of the exclusion, we could not conclude
that th« exclusion covered these drums. We will further evaluat*
whether this waste is covered by the original dscision if &cre
detailed information is sent concerning the characterixation and
souee of this material, including your basis for believing that
it is a waste derived from the original categories.

The second question regarding the originsl decision was
whether ths definition of "batch testing" for the contingency
testing prograo could be changed, and would such a change neces-
sitate reopening the decision for public cosnent. You indicated
that the requirement of sampling and tasting each tank of wast*-
water for asrcury, ssleniun and chroeiun generated during the
field demonstration, and the testing of daily composites of
sables fro* sacn CMEAJ roll anU each drum of ash, were too
prohibitive logiatically and economically, tee can propose to
change these conJitone to cover a leas frequent sampling refine
(i.e., weekly instead of daily), however, this would reopen this
portion of the decision. That is, an amendment of this nature
would need to be proposed federal register allowing a euitablt
public comment period. The original proposal included language
that indicated if representative data on at l*cst 10 samples wsre
submitted and were below the limits of 0.03, O 14, 0.66 ppm for
mercury, ssleoiua:, and chroaiun, respectively, in the wastawat«r-
and 0.044 and 0.22 ppm for mercury and selenium in both the CHEAF
media and ash, then the Agency would drop the testing conditions.
Curing the conference call, Frank Freestone incicatod that you nad
collected representative test dats. This data (on the wastewater,
ChiAF media, and ash) should be submitted to the Variances section.
if the data indicate that these materials are consistently non-
haxardous, then we can publish a notice amending the decision to
drop the testing requirement cocpletcly. if the data is satis-
factory we should be able to propose this change within a lev
weeks. This amendment would not reopen any other parts of tr.s
previous decision to public comment, that is, we will not require
the application of different TCDO detection li&its as a result
of this
You should submit an explanation of the riee in chroaiuK
levels noted in soste saaples due to the chromiuz content of
patching material used on the refractory after removal of parti-
culate build-up in the refractory. You ehould aleo identify
which samples this affected. We are not at this time indicating
that this is an acceptable variation. We will need to review tne
data end determine if a sufficient number of sarnies have L-een
tested bsfore this decision'can be made. If a suitable nunber of
-------
staple*, (*t least forty five if non-parametric statistical
procedures are used) are presented it may be possible to uee
«n Averege chromium level rAth«r than A eaxiuaiua l«vel in cur
•valuation.

Your third concern was whether any new (lower) detection
liaits for TCDC would be applied to the ori9inal decision if
reopened for either of the reasons mentioned a bow. As already
petitioned the only situation where a different TCDU level would
be considered would be in a new petition request for a waste not
covered by the previous decision. The TCDD levels used in the
original decision will not be changed as a result of
tne decision to reaove the contingency testing conditions
final topic of discussion was the initiation of a new petition
action for the Syntez waste. It will not oe necessary to resut-sut
descriptive data on the treatment systen. You should however
describe specific alterations in flow through rates, residence
tine, etc. The waste to be Incinerated needs to be adequately
characterized. This should include physical description of the
waste, estimated volute and historical knowledge of the generating
source, and a description of how the charge was prepared.
Representative samples of this particular waste matrix rust be
treated and representative saaples of the wastewatar, CHEAF media
and ash must be testud for suitable Appendix VIII parameters
(including all priority pollutants). The conditions of the test
burn should be described aa well as the saddling procedure cf tne
waste for treatment and the sampling procetf-r* of the treatrwnt
residues for analysis. The voluaes of treatment residues should
DO estiuatcd tor the totA! voluee of Syntex waste to te treated.

Frank Freestone asked whether analytical data collected fron
o*rlier sar.pl«s of the Syntex waste could be used in our vvaluaticr.
This data can te used if you can describe the sair.pling procedure
for both tne untreated waste and the treatment residues in enough
detail for us to determine how representative these sasples were
of the wastu regaining to be treatec; and if the Scey conditions
of the trial burn, (i.e., residence time) were similar encujh to
the actual conditions that will occur during tr*at^*nt.
Using the reeosinisnded test cethods in sw-h«»6, the detection
liaits for all other Appendix VIII constituents other th«n the
TCPD's do not fall below the ppb range. Th* Characterisation au
Assessment 01 vision (CAb) is currently working with CT.D anC the
Chlorinated Oiozin workgroup to ceteraine if the assumptions
Bade about the mobility ox' dioxin through environs.ontal uoJia
and subsequent exposure levels were too strin-acnt. w« will let
you know ii our health standards change as a result of this
review. To date, we hsve not promulgated a regulatory standard
for dioxin which is applicable to dslisting evaluations. As
previously mentioned we ar» considering using various exposure
scenarios such as overland ssdiaent and soil transport and jr
-------
water transport. If we determine that dioxin containing wastes
should t>« evaluated usim,' the OL* (see 51 Kk 41032-41100, Sov. 13.
l*bo) and the VbS Model (•*• 50 FR 4d8S7, Appendix, Nov. 27. l*bj)
th*n a regulatory standard of 0~2ppc, and a solubility of 0.2 ppb
would be used in conduction with the velum* of treatment residue
to determine an acceptable dioxin level in tha incineration
residua. It tne CAD finda that .oth exposure routes are core
relevant for Jioxin wastes th4iv£hese scenarios th±e- may result
in a less conservative level of Concern.

:Je have attached a list of maxirma acceptable levels of some
Appendix VIH constituents based on the health based standards
and the mininu.n attenuation allowed through the OLM and V!l£»
models currently used by the Variance Section. It should be
noted that the attached levels only apply to a landfill waste
r<4na<3ttm«iit acenarlo (i.e.. exposure to contarinated groundwater
froia land fill ing of the treatment residue). It should also be
noted that although the standards for soae of these constituents
are extremely low, we would not require detection Halts below
those noraally achievable using the rscceuaeaded extraction and
analytical procedures fron Test .Methods for tvaluating Solid
waste (£»-ti46). (We can sake the detection lisits fro» SW-846 •-
available to you if you do not have them.) Where hazardous
constituents in a waste are not detected using appropriate
analytical methods, we will, as a matter of policy, not us*
those constituents as a basis to regulate tha wast* as hazardous.

we will maX* every attenpt to oeet your April deadline
ror tnls now petition. However, it should -*o noted that if a
complete petition with all necessary descriptions and test data
is not received before the end of December, then achieving your
April 1, 1987 deadline becoc^s less likely. Cven if all necessary
data is received by January 1 1907, we would need to propose a
decision in the FR by January 30, 1937. A thirty day ccnment
iJtrioti crings us to th* first weak of tiarch, leaving us less
than * month to address public cotoaants and finalize tne decision
in the PR. This process usually takes e nontfts fron the oate «e
receive a ccrsplet* petition. We will attewpt to accelerate the
process as much *• possibl*. It should b* noted that pctitiuus
ar* handled as th*y *r* «ubsUtt«4 (i.e. on a first con*, first
serv*d basis). M« ar* currently acting on about ISO active
petitions* therefore an accelerated schedule on a new petition
could have ea edverse effect on the schedules of several other
petitioners in your Region.

If you have any additional questions concerning the original
Oenney Fare decision or about information requirements tor the
new petition* please cell tyles >*orse of oy stsff at FTS 302~*7ee.

Attachment
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-2-

The Agency notes that all final decisions that have been
promulgated pertain only to the waste(s) cited in the promulgation
notice. Any other waste management activities not included in the
delisting decision are still subject to RCRA Subtitle C or authorized
State requirements.

As a general rule, the petitioned wastes generated before
the granting of a temporary exclusion were considered hazardous
and, therefore, subjected the units handling the wastes to
Subtitle C control. The granting of a temporary exclusion for
the waste only temporarily removed the waste unit from Subtitle
C regulation. It should also b« noted that the petitioned
wastes (that had been granted a temporary exclusion, but then
denied final exclusion), that were generated during the time the
temporary exclusion was in effect, are now considered hazardous
wastes. However, if these wastes remain in the disposal unit
identified in the petition, the wastes are not subject to Subtitle
C management requirements unless they are disturbed in such a way
so as to trigger Subtitle C regulation (e.g., removed, excavated,
or mixed with other wastes). The following discussions clarify
the regulatory status of wastes that wers previously granted
temporary exclusions.

Final Exclusion Granted

o The facility may continue to handle the petitioned
waste as non-hazardous within the constraints of the
granting notice and any oth«r applicable requirements.

Final Exclusion Denied Based on the Results of the Technical
Evaluation (i.e.. the petitioner failed to show the waste te be
non-hazardous)

If the waste is disposed off-site:

o The effective date of the revocation of the temporary
exclusion is six months after publication of the Agency's
final decision in the Federal Register.

o Starting on the effective date, new waste that is generated,
as described in the petition and that would have previously
been included under the temporary exclusion, is subject to
all applicable RCRA Subtitle C or authorized State program
requirements (e.g., the facility must insure that the waste
is shipped to a RCRA hazardous waste management facility) •

o While a temporary exclusion was in effect, the petitioner
was not liable for compliance with hazardous waste regula-
tions. Petitioned wastes generated while the temporary
exclusion was in effect could have been disposed of off-site
as non-hazardous. All wastes in the off-site unit must
-------
-3-
be handled in accordance with Subtitle C requirements if,
at a later date, they are managed in such a way as to
trigger Subtitle C regulation (e.g., removed from the
unit or considered to be "stored" rather than "disposed").

If the waste is managed on-site:

o The effective date of the revocation of the temporary
exclusion is six months after publication of the Agency's
final decision in the Federal Register.

o Starting on the effective date, new waste that is generated,
as described in the petition and that would have been included
under the temporary exclusion, is subject to all applicable
RCRA Subtitle C or authorized State program requirements.

o Between 1980 and the granting of a temporary exclusion,
there was some period of time that the waste was considered
to be hazardous. Therefore, all units covered by temporary
exclusions have or should have interim status.

o If an on-site land disposal unit that received wastes
covered by a temporary exclusion, continues to receive
hazardous waste after the effective date of the final
decision, Attachment 1 provides guidance on compliance
requirements for those units.

o If an on-site land disposal unit that received wastes
covered under a temporary exclusion stops receiving all
wastes prior to the effective date of the final decision,
(and receives no other hazardous wastes), Part 265 closure
must be initiated within 90 days of the revocation of the
temporary exclusion.

o If an on-site land disposal unit that received wastes
covered under a temporary exclusion stops receiving hazardous
waste prior to the effective date of the final decision
but continues to receive solid waste. Part 265 closure must
be initiated within 90 days, and completed within 180 days,
of the revocation of the temporary exclusion. However, the
Agency intends to propose, in the near future, a rule which
may change these requirements.

o If prior to the effective date of the final decision,
waste covered under a temporary exclusion is disposed in
an on-site solid waste*/ unit, the solid waste unit is not
subject to hazardous waste regulations other than would
typically apply to a solid waste management unit. All
Solid waste" is defined in 40 CFR 261.2(a)(l).
-------
-4-
wastes in that unit are considered hazardous and must be
handled in accordance with Subtitle C requirements ijf they
are managed in such a way as to trigger Subtitle C regulation
at a later date (e.g. , they are removed and are shipped
off-site or receive further on-site treatment).

o If a unit containing only a waste covered under a temporary
exclusion closed prior to the effective date of the final
decision, the unit is not subject to hazardous waste
regulation unless later disturbed (e.g., removed, excavated).

Final Exclusion Denied Based on the Failure to Provide Information
Needed to Evaluate the Petition • ~~~ !

o The effective date of the revocation of the temporary
exclusion was November 9, 1986. As of this date, the
waste must be managed in accordance with applicable RCRA
Subtitle C or authorized State program requirements.

o Attachment 1 provides guidance regarding LOIS compliance
requirements for petitioners with on-site land disposal
units that contain wastes once covered by a temporary
exclusion.

o Starting on the effective date, n«w wastes that are
generated, as described in the petition and that would
have previously been included under the temporary exclusion,
that are disposed off-site must be shipped to a RCRA hazardous
waste management facility.

The status list also shows petitions that have been withdrawn
or are considered moot*

o Petitioners that have withdrawn (i.e., the facility has
submitted a letter to the Agency requesting that its
petition be withdrawn) have lost their temporary exclusions
and should have handled their waste(s) as hazardous as of
the date the petition was withdrawn.

o Petitions that are considered moot may be moot for a variety
of reasons* including: disposal of a specific volume of
waste under a previously granted "one-time" exclusion;
cessation of production activities that generated the
waste being petitioned for delisting; or reclassification
of a particular listing. The status list identifies the
reasons a petition is considered "moot* and the date that
the petition was determined to be moot by the Agency.
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-5-
I hope that the attached status list and regulatory
compliance guidance is useful in coordinating the ongoing
efforts of both the Regional and State programs. Should you
have any questions regarding the attached material or require
more information on the Federal delisting program activities/
please feel free to contact Suzanne Rudzinski of the Office of
Solid Waste at FTS 382-4206. If guidance is needed in determining
appropriate compliance actions* please contact Steve Heare of
the Office of Waste Programs Enforcement at FTS 382-2207.
Attachments

cc: RCRA Branch Chiefs, Regions I-X Jeff Denit (OSW)
Enforcement Section Chiefs, Regions I-X Bruce Weddle (PSPD)
Permit Section Chiefs, Regions I-X Susan Bromm (PSPD)
Jack McGraw (OSWER) Steve Hirsch (OGC)
Gene Lucero (OWPE) Ed Reich (SSCD)
Suzanne Rudzin»ki (PSPD) Myles Morse (PSPD)
Steve Heare (OWPE) Delisting Staff (PSPD)
-------
ATTACHMENT 1
Guidance On Compliance Requirements For Facilities That Lost
Their Temporary Exclusion But Continue To Manage The Waste On-si
-------
Guidance on Compliance Requirements For Facilities That Lost
Temporary Exclusion But Continue To Manage The Waste On-si

I. Requirements for facilities that had interim status, and hac
other units that handled hazardous waste during the time "tHl
the temporarily excluded waste was handled:

- If the facility filed a Part A permit application, and d
not modify it to exclude the unit handling the temporari'
excluded waste, and the facility has not filed a Part B
permit application, and no decision on its permit has be<
made, no further action is required by the facility.

- If the facility revised its Part A permit application to
exclude the unit handling temporarily excluded waste {wh
should mean that that unit handled no other hazardous wai
then the facility must make the necessary change during
status to include this unit, under Section 270.72 or its
analog.

- If the facility has filed a Part B permit application, bi
decision on its permit has yet been made, no further act
required. The facility may need to revise its Part B pe
application, however, if the units containing the petit-
waste were not included as part of their permit applic
It must also request a change in interim status as des
above.

- If the facility received its permit, it must file for a i
permit modification for the unit handling the temporari1
excluded wast* under Section 270.41 or its state analog.
Under the existing regulations, the facility may not han
that waste until the permit is modified. However, the
Agency intends to propose, in the near future, a rule th
will simplify the procedures for obtaining approval to
handle new hazardous wastes.

- If the petitioned waste is disposed of in an on-site sur
impoundment* and that impoundment continues to receive t
petitioned waste four (4} years after the date of promul
of the final denial decision, the petitioner must comply
with Section 3005(j)(6) of RCRA which requires that the
impoundment be retrofitted to meet minimum technological
requirements of Section 3004(o)(1) (A) of RCRA. Accordir
the deadline for complying with the minimum technologica
requirements for surface impoundments is four (4) years
after the date of promulgation of the final denial decis
-------
-2-
II. Requirements for facilities'that may have lost interim status
because of failure to certify compliance:

If other units handling hazardous waste at the facility
required certification on November 8, 1985, but did not
certify, those units lost interim status. However, if a
unit handled only temporarily excluded wastes, that unit
did not lose interim status. (See 50 PR 38946, September
25, 1985.) We recommend that you inspect these units to"
verify that they are in compliance with all applicable
regulations.

III. Requirements for facilities that handled only temporarily
excluded wastes:

- If the facility had interim status and has filed a Part A
permit application, and did not modify its Part A to exclude
the unit handling th« temporarily excluded waste, no further
action is required by the facility.

- If the facility withdrew its Part A permit application,
the facility still has interim status, however, the facility
must reinstate its Part A under Section 270.10(a) and (e)
or their state analogs.

- If the facility has filed a Part B permit application,
but no decision on its permit has yet been made, no
further action is required by the facility. The facility
may need to revise) its Part B permit application, however,
if the units containing the petitioned waste were not
part of their permit application (i.e., if the permit
application addresses only new units that are yet to be
constructed)* Me do not believe that any facilities
which handled only temporarily excluded wastes have
received a permit.

• If the facility handled only temporarily excluded waste,
it was not required to do anything to retain interim status
under Section 3005(e)(2) of RCRA. (See 50 PR 38946, Sep-
tember 25, 1985.) The facility is not subject to Section
3005(e)(3) of RCRA.
-------
9433.1936(10*

APR 2 &
» Destruction of Lioxin Contaminated Soil Using Mobile
Incineration

Marcia L. Williams, Director
Cftvce or solid v»aste (WH-5fe2)

Tu; Ihocas H. D«vine, Director
waste ftanagen&nt Division, Keg ion IV

In response to your letter of February 26, 190*, you
requested clarification on t%>o issues concerning the KCKA research,
development, and demonstration (KL'tu) penr.it application for th«
u.i. Air force in Gull port* Mississippi* The issues you raised
involve oelisting the residues resulting trcn treatment and allc%>*
iny cite construction prior to Demit issuance*

Uillfctinq

iou requested tne u»e of delisting information frou the
tt.i>co trial burn or £PA*s burn at Tines be a en to expedite NCEC's
cc list ing petition. (Uurlng the fci.seu trial Ourn, tricraoroetnan^/
monochlorouenzene, and trichlorobenzcne were incinerated and the
utv£. (at the stack) was calculated.) This information can only be
useo indirectly to support the NCbC petition. The delis ting
regulations explicitly state (see 4u CtK i*6U.2-;(k)) that "an
exclusion will only apply to the waste generated at the indivicual
facility covered ty the demonstration ana will not a^ply to
».*btc troc any other facility*. In addition* KCKA $300S(f){l)
r«quiret> the petitioner to deavonstrate, to the satistaction of
tne Administrator, that the waste does not neet any of the criteria
lor which it is listed nor contain any other additional constituents
wnich could cause the w«ste to oe hazardous* The delisting
aeuonstration, therelore^ is required to be Bade on the waste
itself , and cannot Le aaoe on surrogates (i.e., POHC's).
nay, however, incinerate a small portion of the
contac.lnatec soil Iroft Gulf port, Mississippi on another ChSCC
unit cortif ieo as achieving .six »'s ttti. as a basis for their
-------
celistina petition. NCbC would need to co unit* arc essentially identical, and (2) the waste
incinerated curing the -t*at burn' is representative or a "worst-
caae- of tne waste that win oe incinerated during the field
demonstration, furthermore, NCac «r.u»t provide 'test burn" data
on a cuniaun ct tour representative samples ot the solid residue
and ct the scruboer water. These samples nust be analyzed for the
characteristics ot a hazardous waste ano for all the Appendix VI II
constituents that aro reasonably expected to oe present in the
waste. fhv Appendix VI H constituents would be chosen based on
the results ot the analyses on the contaminated soil from
UU.fkx>rt, Mississippi. Providing that the concentrations of the
nazaruous constituents in the waste neets the delisting require-
ments, the Agency could propose to *rant a conditional exclusion.
ihe conditional exclusion is needed to verity that the two
units do indeed achieve the same destruction efficiency.
aite Construction
, as amended cy tne Hazardous and Solid waste
Ai-.enor.ents ot 19B4, requires owners and operators of all hazardous
waste treatment, storage, and disposal facilities to obtain a
«^(.*A parr.it prior to constructing a iiCRA facility. While I can
appreciate tne USA* «s intent to expedite the testing of the
t-ooile incinerator, KC*i> permits are also subject to this
restriction. (Section *27G.6&<5) only allows tPA to codify or
waive tne permit application and procedural requirements of
«*u C.r.R. rarts i70 any 1*4, not the statutory requirenents
ot r.CKA.) ihis neans that the nobile incinerator can be prefab-
ricated and transported to tne proposed treatment site, but
construction or th* site itself, sucn as pouring concrete founda-
tion* and connecting the MTU to physical structures on-site
cannot occur until the Rfc*o permit is issued (&CKA $1U04(2)).

If you nave any additional questions on these is«u«s, t-leaso
contact uoreen sterling at rxs/475-tfi51 with r«gard to delisting
and Nancy fonerleau at J'T5>/3
-------
UH.TED STATES EMV.RONMENTAL PROTEC 943 3. 198 6 C09)
| 5 .-.
MEMORANDUM

SUBJECTt RCRA Section 3001(f}<2)(b) and States' Exclusion
of Wastes from Regulation as Hazardous
FROM i Ma re i a E. Williams, Director *****
Otfice of Solid Waste Marc|a E- Williams

TO: Hazardous Waste Division Directors
Regions I-X

Since November 8, 1964, EPA has administered all RCRA delistfng
programs and will continue to do so until States become authorized
for delisting under the new provisions of the Hazardous and Solid
Waste Amendments of 1984 (HSWA). A State is not required to have
a delisting nechanism. and may be authorized under HSWA without
one. To receive authorization, a State must conform its delisting
program, if any, to the Federal proa ram and apply to the Agency
for authorization.

Effective November 8, 1986, temporary exclusions automatically
expire. Any temporary exclusion granted by a State before
November 8, 1984, should be re-evaluated either by EPA or a State
that has been authorized to conduct delisting pursuant to HSWA.
If a final decision to grant or deny a petition has not been made
by November 8, i986, the temporary exclusion will cease to be in
effect for purposes of RCRA Section 3001(f ) (2) (B) .

Temporary Exclusions

Temporary exclusions are delisting decisions which exclude
• vasts frost regulation as haiardoua, but are not the final
delisting set ion under the regulations of the issuing authority.
For example, IPA issued a number of temporary exclusions pursuant
to 40 CPR 2e0.22(m). That provision explicitly ststed that these
decisions are mads 'before making a final decision". Similarly,
several States have mechanisms for removing a wast* froa regulation
before promulgating a final decision* such aa deliatinga patterned
on the Federal temporary exclusion.
-------
- 2 -

These temporary exclusion* should be distinguished from
grants of enforcement discretion, where a State did not remove a
waste from regulation, but stated only that it would not initiate
an enforcement action against a person treating this waste as non-
hazardous. Entorcement discretion, sometimes called informal
exclusions, are not temporary exclusions (nor are they final
exclusions).

Final Exclusions

A final exclusion is an agency determination done in accordance
with the issuing authority's regulations; e.g., with notice and
comment after which no further review of the petition is contemplated
EPA issues final exclusions pursuant to 40 CFR 240.20 and 240.22,
which requires publication of a tentative decision in the Federal
Register, receipt and evaluation of public comment*, and publication
of a final decision in the Federal Register. States issue final
exclusions in accordance with their State legal authorities.

Any final exclusions that were granted by authorized States
before November 8, 1984, are not aftected by HSWA (i.e., no
additional action is required by the State or by EPA). EPA
encouragea the States to re-evaluate thoso decisions if all
factors (including additional constituents) which could cause
the waste to be hazardous were not considered by the State.

Actions Required

On November 8, 1986, all temporary exclusions will cease to
be in effect for purposes of RCRA if a final exclusion has not
been granted. States and Regions should plan to verify that the
handlers of these previously excluded wastes are complying with
applicable requirements after November 8, 1986. To this end, the
Regions and States should begin to evaluate all Stats delistings
tox

(1) determine the type of Stats exclusion (temporary or final)
that was granted betore November 8, 1984;

(2) determine whether a final exclusion has been granted or
denied by IPAj and

(3) tsks appropriate action to ensure full compliance with
RCJLA (e.g., prior to 11/8/84, you should send handlers
written notification of their rsgulatory responsibilities.
-------
- 3 -

Fro» a practical atandpoint, the expiration of a temporary
exclusion will have greatest immediate impact on those who
manage their waste in land disposal units. These unit* »ay
be immediately subject to ground-water monitoring requirements
and, on November 8, I»i7, may be subject to the "loss of interim
status* requirements of Section 3005
-------
peiisrirg 94JJ..S::

A petroleun refinery obtained interim status in 1980 for a surface
ijnpoundment used to treat and store K051. The facility manages no
other hazardous waste. In 1981, the EPA granted a delisting for
the K051 waste because the owner/operator proved that the refining
process waste did not contain lead and hexavalent chromium, the
constituents for which K051 was listed. Does the K051 delisting
effectively mean that the facility never managed a listed hazardous
waste? How would the delisting affect the facility's interim status?

BI person may submit a petition to EPA, pursuant to 40 CFR
§§260.20 and 260.22, to have a waste at a particular facility
delisted. Prior to September 21, 1985, EPA granted only
"informal" or temporary exclusions. "Informal" exclusions
were suggestions to the Regions that enforcement discretion be
used when a tentative decision to grant a temporary exclusion
had been made. Temporary exclusions removed a waste at a
particular facility from regulation, pursuant to 260.22(m)
(then in effect, see 50 FR 28727-28, July 15, 1985). EPA
follows the procedures set forth in 40 CFR §260.20 to grant
final exclusions, which are regulatory amendments.

Wastes which were informally excluded were technically still
hazardous wastes. An impoundment holding informally excluded
K051 waste was subject to the Loss of Interim Status provisions
on November 8, 1985.

For temporarily excluded wastes, the facility's status deoends
on the scope of the temporary delisting granted. If only the
waste generated after the date of the temporary exclusion was
delisted, waste placed in the impoundment prior to that date
would still be hazardous (K051) waste. The impoundment would
have had interim status and should have met Part 265 standards.
The Loss of Interim Status provision applied to the impoundment
|§ on ?tovember 8, 1985.

M If the temporary exclusion covered the waste already in the
§j impoundment as well as K051 waste generated after the exclusion
< date, then the facility would still have interim status, but
none of the Part 265 interim standards would apply to that
surface impoundment. The facility would technically have been
subject to the Loss of Interim Status provision, but not
required to certify compliance with financial responsibility or
ground water monitoring requirements, since none of these Part
265 requirements were "applicable," or to submit a Part B
permit application on November 8, 1985, (50 FR 38947, September
25, 1985).

If EPA revokes the temporary exclusion, or it ceases to be in
effect by operation of law, e.g., if the Agency does not make
a final decision on the petition by November 8, 1986, (RCRA
§3001(f)(2)(B)), the facility will becone subject to the Part
265 interim status reouirements. The facility must then
certify compliance with financial responsibility and ground
water monitoring requirements and submit a Part B permit
application within 12 months or lose interim status (RCRA
§3005(e)(3)).

Source: Steve Hirsch (202) 382-7703
Research: Jennifer Brock
-------
943-3. 1936 < 01 )
.JAN
T 'Si
MS. Elizabeth Rose (6H-CE)
EPA Region VI
1201 El* Street
Dallas. TX 73270

Dear *s. Rose:

This letter is in response to your recent telephone
conversation with Mr. David Topping of my staff. Specifically,
you requested information concerning the definition of hazardous
waste contained in 40 CFR Part 261 and the delisting criteria
related to leachate levels.

S261.3(a)(2)(ili) the deals with wastes which are included ~
in Subpart 0 solely because they Meet the characteristics of
hasardous waste de-scribed in Subpart C (i.e., ignitabllity,
corrosivity, reactivity, or EP toxicity). Thus, a mixture of 0002
waste (included solely for corrosivity) and a solid waste would
not be hazardous if the mixture no longer exhibits the characteristic
of corrosivity, nor any other hasardous waste characteristics.
However, waste which are listed in Subpart 0 because of the presence
of specific hazardous constituents (e.g., K048, K049, and K051,
all of which are listed for hexavalent chromium and lead) remain
hazardous unless thy are excluded from the list under $$260.20 and
260.22 (i.e., delisted).

The delisting critsria include a sliding regulatory scale
which dictates allowable leachate levels for specific volumes of
wastes. For wastes which are typically disposed of in a landfill,
this scale is described at SO FR 7*82, February 26, 198S and 50
PR 48886, November 27, 1985. in general, the allowed leachate
levels for landfilled wastes range from 32x the drinking water
standards for small volumes of wastes (< 475 yd3) to approximately
6x the drinking water standards for large volumes of waste
(> 5000 yd'). Also, as required by the Hasardous and Solid
waste Amendments of 1984, the Agency's evaluation of petitioned
wastes is not restricted to the constituents for which the waste
was orginally listed. Rather, the Agency evaluates all factors
(including additional constituents) which could reasonably be
expected to be present and would cause the waste to be hazardous.
It should also be noted that the type of leachate test to be perform*
may vary, depending upon the nature of the waste being evaluated.
For example, oily petroleum refinery wastes are typically subjected
to the EP for oily Waste procedure rather than the standard EP
leachate test.
-------
Evaluation criteria for wast** that arc subject to disposal
other than in landfills (e.g., land treatment or management in
surface impoundSMmta) ar* currently being developed; in fact, the
•valuation criteria for wast* that ar* land tr*at*d was proposed
on Nov*»b*r 27, 1*85 (SO FR 48943). while tn*s* models hav* not
y*t b**n aad* final, it is expected that th* allowed leachate
l*v*ls for th*s* disposal scenarios will o* eore strlgent than
those described above for landfilled waates.

Should you have any further questions concerning the hazardous
wast* definitions or the de list ing prograsi, please contact me or
Mr. David Topping of wy staff at (202) 475-8531.

Sincerely,
Matthew A. Straus, Chief
waste Identification Branch (WH-562B
-------
9433.193505,
NCV 27 1985
Honorable Dan Glictuaan
Menber, United State*
House of Representatives
U.S. Court House
Box 403-Rcoa 224
Wichita, Kansas 67201

Dear «r. Glickman:

This letter is in response to your inquiry of October 29,
1985, concerning the delisting petition filed with the Agency by
Boeing Military Airplane Corporation for its Wichita, Kansas
facility. The Agency has proposed (in the Federal Register, on
February 26. 1985) the use of a vertical and horizontal spread
(VHS) Model to aid in the evaluation of delisting petitions.
After addressing tne public cossMnts received on the model, this
model vas made final (with few adjustments) on November 4, 1985;
it will be used to assist us in staking delisting evaluations.
The VMS Model uses leachate data and waste volume estimates in
order to predict waste toxicant concentrations in ground water
at a downstream compliance point/ and allows the comparison of
predicted values with appropriate health-based numbers. The
Agency's use of this model involves several reasonable worst
case assumptions concerning the land disposal of hazardous
wastes. These assumptions are based on reviews of the technical
literature and informal surveys of States and State solid and
Hasardous Haste agencies, and are not based on site-specific
factors. The Agency believes that the VHS model is quite
conservative, and represents a reasonable worst case tor the
factors considered.

The Agency has considered the use of site-specific factors
in its delisting evaluations. Specifically, the local geographical
hydrogeological, and demographic conditions were considered as
cactors that could affect the Agency's decisions. Once a vast*
is oelisted, however, there is no guarantee that the waster will
oe managed at the sit* that wan evaluated. That is, th« generator
0£ the waste is under no obligation to manaye the waste at a
particular site. Therefore, w« believe the use or site-specitic
tactors arc jna^rcvriate. Th» A*«ncy also considered i>laciny
conditions on tn« ael i*t 109. decisions that would require sv«*citic
tn*na.,irront. This option was also rejectee since such an
-------
evaluation would essentially be the same as the permitting
process. The Agency reels that if management conditions need to
be specified to ensure that a particular waste does not damage
human health or the environment, the waste is hasardous and
should be managed at a site that is fully permitted to handle
that waste.

I would also like to point out that the Agency does
consider ground-water data fro* a facility as part of the
delisting evaluation. The lack of ground-water contamination
is viewed as being supportive of a petition; however, this
information is indicative of what has happened at the site
receiving the waste and not what wTTT happen. There-tore *
ground-water data alone are not sufficient to determine
whether a waste is non-hasardous.

I am hopeful that this response addresses your concerns.
If you have any questions, please contact my office at your
convenience.

Sincerely yours,
J. Winston Porter
Assistant Administrator
bcc : GWTF
Nancy H. Fussell, Boeing
Paye Sandberg, EPA Region VII
Congressional Liaison/Craig Deremer, EPA
-------
fcHVl*ONMc.,.AL PROTECTION A' ICY

943 3 .198 5 ( 04 }
OCT 2 3 -955
Mr. Ronald Panicucci
LAN Associate
662 Goffle Roaa
Hawthorn*, New Jersey 07506

Dear Mr. panicuccis

This i» in response to your letter, dated September 25,
1985, concerning the liability of an industry one* a vast*
is delisted. In particular, you request clarification of
th« generator's liability if * waste that is delisted and
disposed of in a non-hazardous waste landfill is, at sane
point in the future, considered hazardous again.

Zn general, after a waste has been delisted, it is
no longer subject to the RCRA hazardous waste regulation.
However, the generator is still liable for any damage the
waste may cause and can be held responsible under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA)
or can be sued by any citizen for damages incurred. In
response to your concern over revoking a previous delistiny
decision, if a delistiag were revoked it would not effect
any waste that has already been disposed as non-hazardous,
since the waste was considered non-hazardous at the tine of
disposal (i.e., you would not be required, under RCRA, to
dig up the waste). However, as indicated earlier, you still
•ay be held responsible under CERCLA if it is shown that your
waste contaminated the- environment.

Should you have any further questions regarding this
natter, please contact Mr. Janes Po»>piti at (202) 382-4788.

sincerely yours.
J. Winston porter
Assistant Mumnistrater
-------

rr. John C. Oliver
Porcelain Enanel Inscituee. Inc.
1911 North Fort fciyer Drive
Arlington, Virginia 22209

Dear John:

As ve have discussed previously, che Agency considers
ics July 27 interpretation (see enclosure) of che spent pickle
liquor listing to be the correct reading of che hazardous waste
regulations. Therefore, che spent pickle liquor (as veil as
any sludge generated froo the treataenc of che spenc pickle
liquor) that is generated from che p roc e la in enaael Indus cry
is considered to be a listed hazardous vase*— namely, EPA
Hazardous Waste No. K062. In order tor ch* Indus cry co
change che regulatory scacus of chis vasce, chey will need co
aubaic an induscry-wlde ruleoaking pecicion.JL/ AC your
request, v* have aade a preliainary assessaenc of che nuaber .
of planes co be saapled and che specific coxi canes chat
woula need co b« evaiuaced co supporc an industry-wide exclusion
pecicion for che Procelain Enaeeling Cacegory. In addicton,
the pecicion should address che requiremencs ciced in 40 C?R
$260.20. We -.odd noc viev an industry-wide pecicion as
applying co planes chac arc incegraced with electroplating
operations and generating wastes covered by che F006-F009
iiscings. Wastes of chis type would have co be evaluated
independently.
esciaace chat in order co obcain a 95X degree of
conrider.ce chac you have a representative sample of Che
industry you will need co saople 2U integrated and 5 non-
integrated cacilicies. (If BOSC inttgraced porcelain «naneling
planes are integrated with electroplating operations under
the circumstances described above, Chen ve would accept
samples froo a lesser number of incegracad facilicies, sinc«
]Lf Of course, any person say subnic a «vc«-specific dcliscing
~ pecicion pursuant co 40 CFR SS260.2C and 260.22.
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the petition would not be addressing porcelain enaael planes
chat are integrated wth electroplating operations.) These
figures were determined using an approximate sampling rule
developed by OSHA. This type of sampling approach has been
successfully used in the past by the Institute for Scrap
Iron and Steel in a similar study for EPA. The actual number
of samples which should be analyzed cannot be identified as
precisely. However, a sufficient number of saaples should
be taken from each facility which vould represent the' variable
nature of the waste. In this regard, composited samples
representing any variability In raw materials or process -
would be the best approach in minimizing the overall analytical
burden. - ,:

Sample analysis should include determination of a limited
number of both inorganic and organic constituents and tests •
for the four hazardous waste characteristics (i.e.. ignitability-
corrosivity, reactivity, and Extraction Proc«durT~(EP) toxicity)!
The specific constituents that should be analyzed for in the
wastes are as follows:

Category Constituent""

Inorganic Chromium
Lead
Nickel
Cadmium
Selenium

Category Constituent

Organic Carbon t«trachlorid«
Chloroethane
Chloroform
Chloromethane
l-dichloroethylen«
trans 1,2-dichloroethylene
Dichloromethane
. . 1,2-dichloropropan*
1,3-dichloropropylene-
Tetra chloroehtanes
Tetrachloroethyl«n«
2,1 The metals should be analyzed using the Extraction Procedure
(EP) toxicity test and for their total accal content.
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"Mixture" and "Derived
- From" Rules
-------
Exhibit VI
"Mixture" and uDerived-From" Rules
Overheads from Presentations
Relevant Federal Regulatory Citations
RCRA Policy Excerpts
EPA Region 2 120
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Exhibit VI-1
Mixtures
A solid waste is a hazardous waste if:
• It is a mixture of a solid waste and a hazardous waste that is
listed solely because it exhibits a characteristic and the
mixture continues to exhibit characteristics

\L\)

§261.3(a)(2)(iii)
•This mixture rule was developed to ensure that once wastes are deemed hazardous, and regulated as such, any mixture of the regulated waste and other
wastes should also be considered regulated. The purpose was to provide the incentive to reduce the amount of waste considered hazardous (that is to keep
nonhazardous wastes from being combined with regulated hazardous waste). In addition, for listed waste, EPA wanted to clarify that they are considered
regulated even when mixed.
•However, there are several variations regarding listed wastes. This first provision is a logical follow-on to the derived from rule. If a waste mixture
continues to exhibit a characteristic, the waste should be - and is - considered a regulated hazardous waste. If it does NOT exhibit characteristics, then
the mixture would NOT be regulated hazardous wastes.

EPA Region 2 121
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Exhibit VI-2
Mixtures (Cont'd)

A solid waste is a hazardous waste if:

• It is a mixture of a solid waste and a hazardous waste not
listed solely because it exhibits a characteristic

V \jfc_i

V/Y
§261.3(a)(2)(iv)
•In the second instance, the mixture is considered hazardous waste. The waste code for the mixture is the waste code of the hazardous waste(s).
EPA Region 2 122
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Exhibit VI-2
Mixtures (Cont'd)

A solid waste is not hazardous waste if:
• It is a mixture of solid waste and characteristic hazardous
waste and the mixture no longer exhibits any characteristic
|¥^zi
It is a mixture of solid waste and listed hazardous waste
which has been excluded under §260.20 and §260.22
§261.3(a)(2)(iii)and(iv)
•The converse of the mixture rule also applies. Therefore, for characteristic wastes, if the waste no longer meets a characteristic it shouldn't be considered
hazardous. This is the situation where "The solution to pollution is dilution."
•The second instance is if the hazardous waste is delisted, there is no reason for a mixture of the delisted waste and solid waste to be managed as a
hazardous waste.
•LDR has some impermissible dilutions.
EPA Region 2 123
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Exhibit VI-4
Exceptions (Cont'd)
• A mixture is not hazardous waste if it consists of wastewater that is
regulated under Sections 402 or 307(b) of the Clean Water Act and any
of the following hazardous wastes:
- Spent carbon tetrachloride, tetrachloroethylene, and/or
trichloroethylene (total weekly usage discharged/average weekly
wastewater flow < 1 ppm)
Spent methylene chloride, 1,1,1-trichloroethane, chlorobenzene,
o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene,
methyl ethyl ketone, carbon disulfide, isobutanol, pyridine,
chlorofluorocarbon solvents (total weekly usage discharge/average
weekly wastewater flow <25 ppm)

§261.3(a)(2)(iv)(A)and(B)
•This general exception of mixtures of wastewater and certain hazardous wastes was promulgated to alleviate the burden to every wastewater treatment
system from being regulated under RCRA. Since they are already regulated under the Clean Water Act, EPA felt this defacto regulation to be
unwarranted. The wastewaters MUST meet the conditions in order to qualify for the exception.
EPA Region 2 124
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Exhibit VI-5
Exceptions
Wastewater Mixtures (Cont'd)
- Heat exchanger bundle cleaning sludge (K050)
- Minor spills or leaks of discarded commercial chemical
product or listed chemical intermediate - "de minimis"
losses
- Wastewater from laboratory operations containing toxic
listed wastes (annualized average flow of laboratory
wastewater < 1% total wastewater flow, or wastes
combined annualized average concentration < 1 ppm
total wastewater flow)
§261.3(a)(2)(iv)(C),(D)and(E)
EPA Region 2 125
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Exhibit VI-6
Derived-From Rule
Residue derived from the treatment, storage, or disposal
of a listed hazardous waste is a hazardous waste unless the residue
has been delisted or the hazardous waste was listed solely for a
characteristic and no longer exhibits a characteristic
§261.3(c)(2)(ii)
•Logically, if a waste derived from treatment, storage or disposal of a characteristic hazardous waste continues to exhibit any characteristic the derived-from
waste should still be regulated as a hazardous waste.
EPA Region 2 126
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Exhibit VI-7
Hospital Example of Mixed and
"Derived From" Wastes
If you neutralize acid solutions by mixing them
with non-acidic wastes, they are no longer
considered hazardous waste, because the
corrosive characteristic has been removed
§261.3(a)(2)(iii) - (iv) and 261.3(c)(2)(i)
•On May 16, 2001, EPA expanded the mixture rule exclusions with the Hazardous Waste Identification Rule (FR 27266) which allows all wastes listed solely
for characteristics be treated the same. All mixtures, treatment residues, or wastes that do not exhibit ICR characteristics can now exit Subtitle C of RCRA.
Land disposal restrictions may still apply.
EPA Region 2
127
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Exhibit VI-8
Contained-In Regulatory Interpretation -

Not Hospital Related

• Used for classification of environmental media (soils,

ground water, sediment) contaminated with listed wastes

• Mixture rule does not apply

• Derived-from rule does not apply

• Does not affect hospitals unless soil, groundwater, or

sediment remediation is taking place at the hospital

§261.3(d)(2)

•In-place environmental media are not considered solid wastes in the sense of being abandoned, recycled, or inherently waste-like.
•At the time of mixing with listed wastes (i.e., while the soil or ground water is in the subsurface) the environmental media are not solid wastes, and thus
the mixture and derived-from rules do not apply.
•See OSWER Directive 9481.00-6, November 13, 1986 and letter to Thomas C. Jorling, June 19, 1989.
•Under 40 CFR 261.3(g), contaminated media can be eligible for exclusion when it no longer exhibits a characteristic; however, LDR requirements still
apply.

EPA Region 2 128
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Exhibit VI-9
Contained-In Regulatory Interpretation

(Cont'd) - Not Hospital Related

• Contaminated media must be managed as hazardous waste
because it "contains" listed hazardous waste §261.3(d)(2)

• Management of contaminated media as hazardous waste may
cease once hazardous constituents are removed
§261.3(d)(2)
•The level at which a material no longer contains a listed waste is determined by the EPA Regional Offices or Authorized States.
•The future "de minimis" rule, when finalized, will provide regulatory levels below which contaminated media need not be managed as hazardous waste.
EPA Region 2 129
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Exhibit VI-10
Identification of Listed Wastes

• All applicable listings must be included when identifying
mixtures, derived-from wastes, and contained-in wastes (on
manifests, permit applications, etc.)

• For example, if you mix methanol (D001) with picric acid
(D003), you should label the mixture as D001 and D003
•See discussion on 53 FR 31148-49 (August 17, 1988, first third land disposal restrictions rule).
•The F039 listing for hazardous waste leachates was promulgated to alleviate the difficulties presented by identification of leachates which may be
derived-from hundreds of listed hazardous wastes.
EPA Region 2
130
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Exhibit VI-11
Relevant Federal Regulations
Mixture Rule: 40 CFR Part 261
Subpart A 261.3(a)(2)(in)
261.3(a)(2)(iv)
261.3(d)(2)

"Derived From" Rule: 40 CFR Part 260
Subpart C 260.20
260.22

"Derived From" Rule: 40 CFR Part 261
Subpart A 261.3(d)(2)
EPA Region 2 131
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REVISIONS 1U THE MIXTURE AND DERIVED tKUM RULE Page 1 ot 1

Fact Sheets and Information Papers
Revision to the Mixture ana Otnvcci From Rule

June 2001
BACKGROUND: The mixture and derived-from rules are a part of the RCRA regulations that define which wastes are considered to be hazardous and
therefore subject to RCRA Subtitle C regulations. The mixture rule, located in 40 CFR 261.3(aX2Xiii) and (iv), essentially states that a solid waste becomes
regulated as a hazardous waste if it is mixed with one or more listed hazardous wastes. The derived-from rule, found in 40 CFR 261.3(cX2)(i) stipulates that all
solid wastes generated from the treatment, storage, or disposal of hazardous waste remains a hazardous waste. These derived-from wastes include wastes such
as spill residues, sludge, incinerator ash, etc. There are currently 29 waste codes in RCRA listed solely for ignitability, corrosivity, and reactivity (ICR). Under
the old regulations, there was an exemption in the mixture rule for these types of listed wastes. Mixtures of solid wastes and wastes listed solely for ICR could
fall out of hazardous waste regulation provided that the resultant mixture did not exhibit any hazardous characteristics. However, there was no similar
exclusion for derived from wastes, or wastes meeting the original listing description as generated. Consequently, these types of wastes were not able to exit
Subtitle C of RCRA, even if they did not exhibit hazardous characteristics. EPA recognized this inconsistency and issued a final rule on May 16,2001 that
expanded the scope of the old mixture rule exclusion: (Hazardous Waste Identification Rule (HWIR): Revisions to the Mixture and Derived-from Rules; FR
27266). The final rule allows all wastes listed solely for characteristics to be treated identically, whether they are mixtures, treatment residues, or wastes
meeting the original description as generated. All of these types of wastes will now be able to exit Subtitle C of RCRA, provided that they do not exhibit
hazardous characteristics.

SIGNIFICANCE TO THE ARMY: The Army currently generates many of the wastes listed solely for characteristics on a routine basis. These include
unused nitroglycerine, acetone, xylene, and methanol, along with F003, K044, K045 and K047 wastes. Many of these items do not actually exhibit hazardous
characteristics, but are managed as HW because they meet the criteria for the original listing described in 40 CFR 261. For example, liquid nitroglycerine
manufactured for medicinal purposes does not exhibit the reactivity characteristic, but it is required to be managed as a P081 waste when discarded because
there are no other active ingredients present Similarly, still bottoms/residues from methanol and xylene recycling units rarely exhibit the ignitability
characteristic, but must be managed as F003 wastes because of the derived from rule. Prior to mis new rule, the only mechanism for these types wastes streams
to be classified as non-hazardous was for individual generators to formally delist their waste in accordance with 40 CFR 260. The new language in 40 CFR
261 -3(g)( 1) allows these types of wastes to exit RCRA-C if they do not exhibit hazardous characteristics.

LDR APPLICABILITY: Although this issue is not specifically addressed in the new regulatory language, it was mentioned in the preamble to the final rule.
EPA stated that when a waste has been listed for ICR and that waste does not exhibit any hazardous characteristics at the point of generation, then that waste is
not subject to LDR standards. However, if the characteristic were removed subsequent to the point of generation, the waste would be subject to all applicable
requirements in 40 CFR 268 and could not be land disposed until the appropriate standard(s) were met It should be noted that generators taking advantage of
the new exclusion are subject to one paperwork requirement in 40 CFR 268.7(a)(7). Generators must place a one-time notice in their files stating that they have
determined the waste is excluded from the definition of hazardous waste. The notice must include a description of the waste generated, which particular
exclusion is being claimed, and the final disposition of the waste.

RELATIONSHIP TO CONTAINED IN POLICY: EPA's long standing, but never codified "contained-in policy" clarifies the application of RCRA
hazardous waste regulations to environmental media. Contaminated media are not considered solid wastes in the sense of being abandoned, recycled, or
inherently waste-like as those terms are defined in RCRA regulations. However, the environmental media contaminated with listed hazardous wastes must be
managed as hazardous wastes because they "contain" listed waste (until the EPA/State makes a site-specific determination). The new rule does not directly
affect the implementation of the contained-in policy; however, contaminated media are eligible for the exclusion 40 CFR 261.3(g). FR 51234 states that
contaminated media containing a waste listed solely for a characteristic would no longer need to be managed as hazardous waste when it no longer exhibits a
characteristic. EPA also states in the preamble that these decharacterized wastes would remain subject to LDR requirements where applicable. Although this
new language appears to be favorable, it will provide minimal benefit to the regulated community. The decharacterized soils subject to LDRs will still be
required to comply with the ninety percent constituent reduction standard in 40 CFR 268.49.

STATE AUTHORIZATION: The mixture rule and derived from rules predate HSWA authority and are therefore non-HSWA requirements. Since these new
provisions are less stringent than existing Federal requirements, states that have received authorization for the mixture and derived from rules are not required
to modify their programs. As of April 2001, the following states had not received authorization for these rules: AK, AL, AR, CA, CT, CO, DE, GA, HI, IA,
KS, KY, MA, MD, ME, Ml, MN, MS, ND, NE, NH, NM, OH, OR, RI, SD, TN, WA, WI, and the District of Columbia. The new rules will automatically be in
effect in these states on August 15, 2001.

Further questions related to this issue can be directed to Mr. Matt Walter at 410-436-3651 or DSN 584-3651.
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?441.1959
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. O.C. 20460
Cfr 5£ ~t

APR I 4 1969 SOI.-0 WASTE AND EME«GENCv «ES
Elizabeth w. Rovers
Project Engineer
C.T. Male Associates, P.C.
50 Century Hill Drive
P.O. Box 727
Latham, New York 12110

Dear Ms. Rovers:

This letter responds to your March 15, 1989 request for
clarification of the regulatory status of your client's plastic
packing media removed from an air stripping tower that is
treating groundwater contaminated with the F001 solvent
trichloroethylene (TCE). In particular, you asked how the
"derived from" rule applies to the plastic media (i.e., is the
media a hazardous waste?) and whether the media, even when
treated to non-detectable levels, would have to be delisted to
lose its status as a hazardous waste.

The plastic packing media, when removed from the air
stripping tower for disposal, is considered a spent material that
is subject to regulation as a hazardous waste because it
contains a hazardous waste (i.e., FOOD. The "derived from"
rule (40 CFR 261.3(0(2)) is not directly applicable because the
plastic packing media is considered to be an integral part of the
treatment process, not a solid wast* residue derived from the
treatment of a hazardous waste. Therefore, when the media no
longer contains the hazardous waste, it no longer is considered
to be a hazardous vast* and may be disposed in a Subtitle D
landfill. The plastic packing media does not need to be
delisted; however, the burden of demonstrating that the media no
longer contains a hazardous waste remains.

You also stated that your client intends to treat the
TCE-cont««inated plastic packing nedim to non-detectable levels
by volatilisation. You did not provide enough information on
this aspect of the process for «e to determine whether a permit
is required; however, I can state that volatilization does
constitute treataent, as defined at 40 CFR 260.10. I urge you to
contact the appropriate EP* Regional office, as well as the State
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- 2 -
regv-atory agency to determine whether a permit is required.
Also, you should be aware that State and local governments may
have applicable regulations that differ from Federal
regulations. You should contact the state regulatory agency to
determine whether other regulations are also applicable.

Should you need further general information, you may contact
the RCRA Hotline at 1-800-464-9346, or Mitch Kidwell, of my
staff, at (202) 382-4805. For questions specific to your
client's facility, you should contact th« appropriate EPA
Regional office and the State regulatory agency.

Sincerely,
Robert W. Dellinger, Chief
Haste Characterization Branch
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9443.1989(04}

UMITIO STATES tMYIXGNUEMTAL PROTECT 10M ACENC
Honorable Lloyd M. Bentsen
United States Senator
961 Federal Building
Austin, Texas 78701

Dear Senator Bentsen:

Thank you for your April 24, 1989, letter regarding
Hollis E. Ervin's concerns about the March 14, 1989, court
opinion supporting the Environmental Protection Agency's (EPA)
interpretation of the regulatory status of contaminated
environmental media (such as soil and ground vater).

EPA believes that a hazardous waste does not necessarily
lose its hazardous characteristic vhen it is combined with an
environmental medium, and that, unless demonstrated otherwise,
the contaminated medium should be managed as a hazardous waste
because it contains c hazardous waste. (The environmental
medium itself is not & hazardous waste.) To consider
contaminated media a* newly generated wastes for purposes of
determining whether they are hazardous could be an incentive
for the purposeful contamination of environmental media with
hazardous waste in an effort to avoid regulations otherwise
applicable.

EPA has established a process under which persons
may petition the Agency to have their waste removed from
regulatory control on a case-by-case basis (sometimes called
"delisting"). Under this process, EPA evaluates the waste in
question and determines whether it needs to be regulated as a
hazardous waste. In addition, EPA is currently examining ways
to streamline this process - e.g., setting de ainiaia levels of
contaminants which, when met, would allow for the management of
wastes outside the structure of the hazardous waste
regulations*

As found by the D.C. court of Appeals, the "contained in*
rule has been a consistent and reasonable interpretation since
the promulgation of the applicable regulations in 1980. To
change an established regulatory interpretation, the Agency is
required to provide notice and an opportunity for public
comment (i.e., regulatory interpretations cannot be changed at
the "whim" of EPA).
-------
UMfTIO STATES tHVIXONMEMTAl. PROTECTION AGENCY
Thank 4B" for your interest in the hazardous waste
program. 9Tl can be of further assistance to you, please feel
free to call ae, or have your staff contact Bob Dellinger at
(202) 475-8551.

Sincerely yours,
Sylvia K. Lowrance, Director
Office of Solid Haste

OS305/DELLINGER/T. MCMANUS - 382-4646/CSH/5-16-89/
CONTROL #AL892146/DUE DATE:5-19-89/DISK f23/NAME:BENTSEN
*.
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^s
\ - UNITED STATES ENVIRONMENTAL PROTECTION AGEN

WASHINGTON. O.C. *04fO
JUN 2 2 IS87
SOCIO WASTf AMD IMf MQINCY M
Ms. Patricia M. Trainer
Environmental Staff Counsel
Aqua-Tech, Inc.
140 South Park Street
Port Washington, WI 53074

Dear Ms. Trainer*

This is in response to your inquiry of June 11, 1987,
concerning 40 CFR $261.3(a)(2)(iii), often referred to as part
of the hazardous waste "mixture rule.* First if a waste mixture •
meets the requirements of $261.3(a)(2)(iii), no dflisting is
necessary. That is, a waste listed soley because it exhibits a
characteristic, when nixed with another solid waste, is not
hazardous if the resultant mixture no longer exhibits any of the
hazardous waste characteristics (i.e., not only the characteristic
for which it was listed, but all characteristic* in Part 261,
Subpart C).

Your questions concerning still bottoms from treating waste
acetone (EPA listed waste F003) brings into play $261.3(c)(2}(i)
the "derived from" rule, as well as the mixture rule. Because the
still bottoms are a solid waste generated by th* treatment of a
hazardous waste (F003), $261.3(c)(2)(i) provides that the bottoms
are themselves (absent a delisting) hazardous waste. Since the
still bottoms were derived from a hazardous waste that was listed
soley because it exhibited a hazardous waste characteristic (i.e.,
ignitability) then a mixture of the still bottoms and a solid
waste wouldrbe designated as non-hazardous, if the resultant
mixture exhibits none of the hazardous waste characteristics.
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-2-
This mixing would be considered 'hazardous waste treatment. *•/
Finally, §261. 3(a) (2) (iii) does not specify any particular kind
of solid waste that must be used to qualify for the exemption.

If you have further questions in this area, call Mike Petruska
of my staff at (202) 475-6676.
Sincerely
Matthew A. Straus, Chief
Waste Characterization Branch
You should note, however, that EPA interprets the regulations
to allow generators who are otherwise exempt from permit and
interim status requirements to treat their hazardous waste in
their accumulation unite without having to obtain a permit or
interim status, provided they comply with the requirements in
40 CFR §262.34.
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9441.195';;5)
; '• TED STATES EN VIRQNMENTAL PROTECTION AGE
V^'-^V WASHINGTON. D.C. 20460
'%~X

APR 30 067
Off ICE Of
XOLIO WASTE AND
Mr. Terry Gray, Chief
Plan Review and Pemit Section
Hazardous Waste Management Branch
Solid and Hazardous Waste Management
State of Indiana
Department of Environmental Management
105 South Merdian Street
P.O. Box 6015
Indianapolis, IK 46206-6015

Dear Mr. Gray:

This is in response to your letter of March 13, 1987, in
which you request written confirmation concerning a specific
aspect of the mixture rule exemption that was promulgated on
November 17, 1981. In particular* you ask if solvent that is
lost via volatilization once it is discharged to the plant sewer
is excluded from the mixture rule calculation in §261.3(a)(2)
(iy)(A) and (B).

As I discussed with Ms. Jayne Browning of your staff, the
regulation and the preamble to the November 17, 1981 Federal
Register makes is clear that once a waste (i.e., spent solvent)
is discharged to the wastewater, it must be included in the
calculations to determine whether or not a facility exceeds the
mixture rule exemption levels. See, for example, 40 CFR
§261.3(a)(2)UV)(A) where it states "... provided that the
maximum total weekly usage of these solvents (other than the
amounts that can be demonstrated not to be discharged to
wa«tewater)...»' see also footnote 24 at 46 FR 56585 where it
statest
-------
-2-
However, if a facility can demonstrate by means of
appropriate records that any portion of solvents used
at the facility are not disposed to wastewater, that
portion is to be excluded froa the calculation. That
portion of solvents which is volatilized nay not be
excluded froa the calculation of solvent usage."

Please feel free to give ae a call at (202) 475-8551 if
you have any further questions.

Sincerely,
Matthew A. Straus, Chief
Waste Characterization Branch
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APR 8067
K. Seller
State of Washington
Department of Ecology
7272 Cleanwater Lane, LU-11
Olympia, Washington 98504-6811
Dear Ms. Seiler:

I recently received your letter of February 26, 1987, in which
you requested clarification a* to whether excavated soils,
contaminated with 2,4,5-T, Simazine, 2,4-D, Dicambia, and Bromacil,
are F027 wastes. The site in question was a county public works yard
where a pesticide product was mixed with water as a carrier, prior to
application on the county roadsides. Contamination occurred from
spillage of both unused and used pesticide solutions.

The F027 listing designates, as acute hazardous waste (H),
formulations containing tri-, tetra-, or pentachlorphenol or
discarded unused formulations containing compounds derived from these
chlorophenols. Whether the contaminated soil contains a listed
hazardous waste is dependent on: (a) whether the 2,4,5-T got onto
the soil through the use of the chemical or by being discarded, and
(b) whether the 2,4,5-T was in fact a discarded formulation as stated
in Sec.261.31.

Soil, which is contaminated with unused 2,4,5-T, that had been
discarded, would contain a listed hazardous waste, namely F027. This
contaminated soil, which contains a hazardous waste, is therefore
subject to the Subtitle C regulations.

Soils, which are contaminated with 2,4,5-T, as a function of its
use, would not be considered to contain a hazardous waste. These
contaminated soils may, however, be hazardous if they are excavated
to be discarded, and if they meet the hazardous waste
characteristics, i.e.. if the EP leachate concentration exceeds the
levels specified in Sec.261.24(b).
-------
To ay knowledge, there are currently no commercial treatment or
disposal facilities permitted to accept listed dioxin wastes. You
also questioned whether any treatment standards have been establish*
for dioxin wastes. According to 40 CFR 264.343, incinerators bur *1
hazardous wastes F020-F023, F026, and F027 must achieve a destruc }
and removal efficiency of 99.9999% for each principal organic
hazardous constituent specified in its permit. Effective Nov. 8,
1988, these same wastes are restricted from land disposal if an
extract of the waste or the treatment residual of the waste (using
the Toxicity Characteristic Leaching Procedure (TCLP)) is equal to o
greater than 1 ppb of dioxin.

Please feel free to call Doreen Sterling, of my staff, at
202-475-6775, if you have any further questions.

Sincerely,
Matthew Straus, Chief
waste Characterization Branch
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Vto«*> 9444.1987(12)
.^SBSk

I UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON. O.C. 204«0

Ar ' -R7

1 WASTE AND EMERGENCY BES'C*.
K. Seller
State of Washington
Department of Ecology
7272 Cleanwater Lane, LU-11
Olympia, Washington 98504-6811
Dear Ms. 5«il«r:

I recently received your letter of February 26, 1987, in which
you requested clarification as to whether excavated soils,
contaminated with 2,4,5-T, Siaazine, 2,4-D, Dicambia, and Bromacil,
are F027 wastes. The site in question was a county public worfcs yar
where a pesticide product was mixed with water as a carrier, prior t
application on the county roadsides. Contamination occurred from
spillage of both unused and used pesticide solutions.

The F027 listing designates, as acute hazardous waste (H),
formulations containing tri-, tetra-, or pentachlorphenol or
discarded unused formulations containing compounds derived from thes
chlorophenols. Whether the contaminated soil contains a listed
hazardous waste is dependent on: (a) whether the 2,4,5-T got onto
the soil through the use of the chemical or by being discarded, and
(b) whether the 2,4,5-T was in fact a discarded formulation as state
in Sec.261.31.

Soil, which is contaminated with unused 2,4,5-T, that had been
discarded, would contain a listed hazardous waste, namely P027. Thi
contaminated soil, which contains a hazardous waste, is therefore
subject to the Subtitle C regulations.

Soils, which are contaminated with 2,4,5-T, as a function of its
use, would not be considered to contain a hazardous waste. These
contaminated soils may, however, be hazardous if they are excavated
to be discarded, and if they meet the hazardous waste
characteristics, i.e.. if the IP leachate concentration exceeds the
levels specified in Sec.261.24 (b).
-------
To my Knowledge, there are currently no commercial treatment or
disposal facilities permitted to accept listed dioxin wastes. Yor •
also questioned whether any treatment standards have been establi J
for dioxin wastes. According to 40 CFR 264.343, incinerators burn*««
hazardous wastes F020-F023, F026, and F027 must achieve a destructioi
and removal efficiency of 99.9999% for each principal organic
hazardous constituent specified in its permit. Effective Nov. 8,
1988, these same wastes are restricted from land disposal if an
extract of the waste or the treatment residual of the wast* (using
the Toxicity Characteristic Leaching Procedure (TCLP)) is «qual to o
greater than 1 ppb of dioxin.

Please feel free to call Ooreen Sterling, of my staff, at
202-475-6775, if you have any further questions.
Sincerely, t
Matthew Straus, Chief
Waste Characterization Branch

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UNITED s. . ES ENVIRONMENTAL PROTECTION A». .CY
9441. 198T-: 06
JAN 27 I98TT
"?._! ?. -i^L'-r, Iirp.ct.cr
rur-"!au of SoiiJ "-'-^src ^a
"•'isconsin D^partr.ent of Natural
resources
Box 7921
Madison, Wisconsin 53707

Dear Paul:

Thank you for your letter of December 9, 1986, requesting
an interpretation of 40 CFP §261.3(a)(2)(iii), regarding the
regulatory status of listed wastes which were listed solely
because they exhibit a characteristic and whether they oust
go through the delisting procedures of |260.22 in order to
become non-hazardous.

Your interpretation of this provision is largely correct.
The existing regulations do allow wastes which are listed in
Subpart D solely because they exhibit a characteristic of
hazardous waste identified in Subpart C to be mixed with
solid waste and become unregulated, provided that the resultant
mixture no longer exhibits any characteristic of hazardous
waste. The provisions of §260.22 notwithstanding,
§261.3(a)(2)(iii) is, in essence, a form of self-implementing
delisting.

In the case of still bottoms produced from the distillation
of waste acetone (F003), those still bottoms would remain
hazardous waste unless nixed with another solid waste such
that the resultant mixture no longer exhibited a characteristic.
Such a nixture would not currently be required to go through
the delisting procedures. Despite the apparent contradiction,
however, this provision only applies to mixtures of solid
wastes and hazardous wastes. Thus, these still bottoms would
technically remain hazardous until formally delisted unless
they were mixed with * solid waste, even if the still bottoms
did not exhibit a characteristic on their own.
-------
-2-
Vhile the mixing of a solid waste and • hazardous waits
would tschnically west the definition of treatment, you should
b« awars that generators say perforc treatment in thsir
accumulation tanks or containers without a permit provided
that it is performed strictly in accordance with 5262.34.
The enclosed aeaorandun provides additional detail on this
policy interpretation.
It is also worth noting that we perceive a nuabejr of
problems with the mixture rule provision and are coatidering
proposing a chance to the regulations. However, no such
proposal is likely in the near future dtie to other priorities.

I hope that this has been responsive to your request. If
we can be of any additional help on this issue< please do not
hesitate to contact Katt Straus, of my staff, on (202) 475-8551

Sincerely,
Marcia Williams, Director
Office; of Solid Waste
Enclosure

cc: Dave Stringhac, Region V
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9444. 1986 (2
Mr. Eliot Cooper
Direct.or of Environmental Affair*
v*aste-Tech Service*, Inc.
13400 w. 10th Avenue
Golden, CO 80401

Dear Hr. Cooperi

ThanX you for your letter of November 17, 1966, in which
you request clarification of the regulatory status of spent
fluidized bed media used during the destruction of listed
hazardous waste as well as clarification of facility chances
allowed under interim status*

Under the RCRA regulations, spent fluidized bed media
would not be considered to be a hazardous waste via application
of 40 CFR 261.3(d) since the spent media would not be considered
to have been derived from the treatment of a hazardous waste.
In addition, the mixture rule in 40 CFR 2<51.3(a) (2) (iv) does
not annly since the fluidized bed media is not a solid waete
at the time it becomes mixed with a hazardous waste. Never-
theless, spent fluidized bed media contaminated with a listed
hazardous waste (or, in this case* A waste derived from a
listed hazardous waste) would still be subject to regulation
since it contains a hazardous waste. See {261.3(c)(U and (
-------
- 2 -
o«t. Under $270.72(c), owner* or operator* wishing to nafce
any changes in or additions to the processes of treatment,
stor%oe, or disoosal at an interim status facility are required
to submit a revised Part A and a justification for the change
to the reoulatinq agency for approval* EPA. or an authorized
State may annrove thee« changes only when they are necessary to
prevent a threat to huran health and the environment due to an
emergency situation, or when they are necessary to comply with
ve^eral regulation* (including the interim status standards of
40 CP° Part 265) or State or local laws. This provision does
not nreelu<"e th* addition of a completely new process (e. o.,
incineration) at an interim status facility that currently does
not hftve such a process*

It should be noted, however, that §270.72(e) limits the
scone of any changes that taXe place at interim status facilities
by erohibTting changes that require a capital expenditure greater
than 5O% of capital cost for the construction of a comparable
entirely new hazardous waste management facility. Therefore,
this provision (known as the •reconstruction* limit) may restrict
the extent of a chanoe even if the addition of a new process
is allowed under 4270.72(e).

The above response to your two questions describes the
oner at ion of the Federal RCRA program for the situations you
outlined in your letter, however, 42 States now have final
authorization to operate the RCRA program in lieu of EPA. Sorac
State requirements nay be more stringent or «ore restrictive
than the Federal wogram in these two areas. If you have
specific concerns regarding your operation in Colorado, I
r*eomnend that you contact fary Gearhart in the Colorado
Department of Health (303-131-4830) since th« State has RCRA
authorization.

If you have airy further questions en the Federal RCRA
requirements, please feel free to contact Larry waoensXy in
« Region VXXX office in Denver (303-293-1660).
Since
V.arcia E. Williams
Director
Office of Solid Waste

ect Larry Waoenafcy, FPA Region VIII
Mary G«arhart, Colorado Department of Health
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9441.1986(97)
RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

DECEMBER 86
16. Dilution of F003 Wastes

May wastes Designated as F003 in §261.31 be treated by dilution?

Yes, although §263.3 of the final rule (See 51 FR 40572)
specifically prohibits the dilution of a restricted waste as a
substitute for adequate treatment as specified in Subpart D of
Part 268, F003 wastes which are listed solely for ignitability
nay be mixed with solid wastes and subsequently avoid regulation
under 3CRA via the "Mixture Rule." This is acconplished pursuant
to 40 CFR 261.3(a)(2)(iii) which states that "a mixture of a
solid waste and a hazardous waste that is listed in Subpart D
soley because it exhibits one or more of the characteristics of
hazardous wasta identified in Subpart C, unless the resultant
mixture no longer exhibits any characteristics of hazardous
wasta identified in Subpart C" is a hazardous -,«ste. Thus, if
an F003 waste which is listed solely for the .characteristic of
ignitability is mixed with a solid waste such that it no longer
exhibits any characteristic of a hazardous wasta, it is no
longer regulated by RCRA and is, therefore, not subject to the
land disposal restrictions.

It should be noted, however, that under § 261.31 a waste nay be
listed as F003 because it is toxic as well as ignitable.
Dilution will not render such wastes non-hazardous.
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3441.1986(83
NOV 131986
LU8J£CT F.CkA ie^uiatory Statue or Co«taBinateii CruunC Water

f ROh ««.rcia E. Wiliiaas, Director
Ofiicc or solid Wastt

TO. Patrick Tcbin, Director
H&nagcatnt Division. Ko^ion IV
Vr.ic is lu rcsr>on*e to your Bfeaorantiuat oi S«ptfcai>er 16,,
rw--.ikruj.iic, the regulatory status of croucd water
with hazardous wastv l«*ch«t«. To AI.SWCI thi«
onu ilrst hac to cit,tcrtain«t th« statue ot cround
wAt<_r. Under the regulations, grouua water coataintci in toe
is not coueiatrcd a soliU waste, since it is not
in the *-jn*e ci Lcitiy aoandonecl, r«x/clcc,
or »Uii«_rcntiy woatc-Iifce as thos« ter&c *re di«tin»d iu the
r^^u^atiotik. 6vc 4w CxR 261 2(a)-(d). 7h*r*xorc, contacu.-
D&tcc ground w*t«r cannot be considered a hacardous waste
via the isixtur« ruie (i.*., to have a hazardous wast*
nix tare, a hazardous wa~s~t~t aust be nix*U with a fpiid waste
suw 4O Citi 2C1.3(a) (2) (iv)). Hevarthtlc-as. ground'water
coxita&iz«atcu witii hazardous waat* icachat* is still subject
to rt^ulation since it contains a hazardous waste, vhcreior^.,
the treattsr:nt, stora
-------
Taking this interpretation And applying it to the example
in your nercorandun, the ground water containing a listed
hazardous waste, once collected, is subject to regulation
under the hazardous waste regulations. However, if as a
1 result of treatment, the ground water no longer contains the
> hazardous waste leachate, the ground water would no longer be
subject to the hazardous vaate rules.

Your letter also raises the question of treatnent of
ground water within the context of corrective action. If the
corrective action is taken at an interin status facility in
compliance with a S3008(h) order, treetnent can take place.
We are considering the possibility of aaending the regulations
to clarify the relationship between corrective action and
the reconstruction ban (5270.72(e)). More broadly, the
Agency is currently examining the issue of whether permits
should be required for any corrective actions. We are also
developing rules for corrective action under RCFtt $3004(u).
Until this analysis is eoopleted, if the corrective action
takes place at a pemitted facility, it can be handled as a
pernlt nodification.

Please feel free to call Matt Straus, of Ry staff, if
you have any further questions; his telephone number is 475-
8551 (FTS).

cc: Hazardous Waste Division Directors,
Regions I-III and V-X
Gene Lucero, OUPE
Lloyd Cuerci, OWPE
Fsrk Greenwood, OGC
Steve Silverrsan, OGC
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. 9441.1986(73)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON. O.C. 20480
~-D t: l/ys?
itr £ 0 J~j5t/> SOLID WASTE AND EMERGENCY RESPONSE

MEMORANDUM

SUBJECT: Truck or Rail Shipment of Hazardous Wastes to A POTW
. I
FROM: Marcia Williams, Director r|
-------
which generates a hazardous waste and which subsequently
ships the waste to a POTW for treatment must comply with all
appropriate accumulation and transportation requirements,
including appropriate use of the manifest system. Since under
§270.60(c), a POTW is deemed to have a RCRA permit provided
they comply with a limited set of requirements, including
notification and compliance with the manifest system, we see no
regulatory obstacle to a facility shipping its waste to a
POTW for subsequent management.

I hope this interpretation is responsive to your concerns.
If you have any further questions on the issue, please feel
free to contact Bob Axelrad, of my staff, on FTS 382-4769.

cc: Regional Branch Chiefs
Regions I-IV and VI-X
-------
t/u)
Mr. John B. Slenraer
Environmental Manager
SolidTek Systems Inc.
5371 Cook Road
P.O. Box 888 $rp ' -
Morrow, Georaia 30260 ' 5

Dear Mr* Slemmert

Thank you for your letter of July 23r 1986, concerning
various aspects of the definition of hazardous waste. Let me
respond to your questions in the order you have posed then.

with respect to your questions on the "mixture rule,' you are
correct in stating that a facility may treat hazardous wastes that
are listed in 40 CPR 261.31, 261.32, and 261.33 solely because
they exhibit a characteristic by combining them with solid wastes
or reagents to produce a new mixture.* Although the current
wording of 40 CFR 261«3(a)(iii) provides that if such a mixture no
longer exhibits the characteristic for which it was listed, then
it is no longer a hazardous waste, I must advise you that the
Agency way propose to amend this provision in order to reconcile
it with the new delisting requirements in the Hazardous and Solid
Waste Amendments (HSWA) to RCRA. Those requirements, contained in
section 3001(f), state that as part of the delisting procedures
the Agency must consider factors other than those for which the
waste was originally listed* Consequently, we believe that
S261.3(a) (lii) may be in conflict with this section of HSWA.

Regarding your questions on waste codes, the best advice that
I can offer you is to employ those codes that are applicable. In
the toluene example, waste code F005 would apply (toluene comes
under F005, not F002). As far as the xylene example is concerned,
the correct code is D001 since the paint is not commercial chemical
product (CCP) xylene. nor is it a spent xylene. It is, as I
understand* unused paint that is being discarded* Since discarded
paint is not listed, only the characteristic would apply.
* It should be noted that a-generator nay perform treatment in its
own accumulation tanks or containers provided that the tank or
container is operated strictly in accordance with Section 262.34
(see enclosed letter).
FILE COPY
-------
Concerning your final question on categorizing mixtures
of compounds listed in subpart D under §261.33, the mixture in
your example, osmium tetroxide and pyridine, is not a hazardous
waste essentially for the reason that you provide in a., i.e.,
the CCP list only applies to pure grade, technical grade, and
formulations that contain sole active ingredients; the osmium
tetroxide and pyridine combination is none of these.

If you have any additional questions on defining or
cateqorizinq hazardous waste do not hesitate to contact me at
(202) 382-4766.

Sincerely,
Matt Straus
Chief
Waste Characterization
Branch
Enclosure
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9441.1986(74)
c
RCRA/SUPERFUND HOTLINE MONTHLY SUMMARi

SEPTEMBER 86
1. Hazardous Wastes Listed Solely for Subpart C Characteristics

Certain listed hazardous wastes (e.g., F003, K044, K045, and K047)
are listed solely because they exhibit a characteristic specified in
40 CFR Part 261, Subpart C. The Subpart C hazardous waste characteristics
are ignitability, corrosivity, reactivity, and EP toxicity.

(a) If analysis indicates that a mixture of one or more of these
listed wastes with a non-hazardous solid waste does not exhibit a
Subpart C characteristic, can the mixture be managed as a non-hazardous,
solid waste based on language in 40 CFR 261.3(a)(2)(iii)? 40 CFR
261.3(a)(2)(iii) states that a mixture of a solid waste and a hazardous
waste that is listed in Subpart D solely because it exhibits a Subpart C
characteristic is a hazardous waste unless the resultant mixture of
a solid waste and a hazardous waste no longer exhibits any characteristic
of hazardous waste identified in Subpart C.

(b) Is the resultant mixture subject to the delisting requirements
of 40 CFR 260.22(c)? 40 CFR 260.22(c)(2) requires that the EPA
determine whether additional factors (including additional hazardous
constituents listed in Part 261 Appendix VIII) other than those for
which the waste was listed could cause the waste to be a hazardous
waste.

(c) If a waste which is listed solely because of a characteristic
dilute when generated that it does not exhibit a sub part C
characteristic, can it be managed as a non-hazardous waste based on
40 CFR 261.3{a)(2)(iii) or is it subject to the delisting requirements
of 40 CFR 260.22(c).

(a) Yes; the mixture of a non-hazardous solid waste with a listed
hnyarrinu* waste, listed solely for a Subpart C characteristic,
is not regulated as a hazardous waste if the resultant mixture
does not exhibit any Subpart C characteristic.

(b) No; the more stringent delisting criteria of 40 CFR 260.22(c)(2)
do not apply to mixtures of solid and hazardous wastes where 40
CFR 261.3(a)(2)(iii) applies.

Source: Steve Hirsch (202) 382-7706
Research: Betty Wilson
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9441. 13r~<45;
UNITED 5T.« ~^, ENVIRONMENTAL PROTECTION AGEN<

o ^ 20*50
JUN I7!987

SOLIO WASTE AND EMERGENCY

MEMORANDUM

SUBJECT; Methanol Recovery System; Clarification of Waste status

FROM; Matthew A. Straus
Chief, Waste Characterization Branch

TO; Clifford Ng, Engineer, Region II, AWM-HWF

This is in response to your memo of February 18, 1987, in which
you request our interpretation of the waste streams associated with a
specific methanol recovery process. First, I apologize for taking sc
long in responding to your request. I hope this delay has not caused
you any problems.

with respect to your specific questions, the following is our
interpretation of how this process is regulated under the hazardous
waste rules:

1. Stream A, the methanol-laden air from the drying and granulation
step of the process, does not meet the definition of a solid
waste under RCRA because it is in vapor form and not confined in
a container.

2. The carbon beds that both condense and adsorb the methanol from
the air contains an F003 waste when the condensation of methanol
occurs. Therefore, stream B, the carbon/methanol mixture is to
be handled as a listed hazardous waste.

3. The solvent stripper is used to recover the spent carbon.
Therefore, this process is not subject to regulation. See 40 en
261.6(c)(l). However, any residues (stream C) derived from it ii
considered an F003 waste. The spent carbon, which is the
recovered product, is not a solid waste.

4. Stream C, the condensed steam/methanol mixture is a hazardous
waste because it was derived from treating a hazardous waste (se<
40 CFR 261.3(c)(2)(i)) and stream C would remain a hazardous
waste, unless it is delisted under the provisions of 40 CFR
Sections 260.20 and 260.22 or is mixed with another solid waste
(see 40 CFR 261.3(a}(2)(iii).
-------
5. Since stream C is hazardous (unless it is del is ted or has been
mixed with a solid waste), then downstream tank 4 would be
subject to RCRA hazardous waste regulations. Stream F is also :'
derived from the treatment of a hazardous waste and, therefore,
would be a hazardous waste. As you are aware, if stream F were
sent to a POTW or discharged under an KPDES permit, then it would
not be subject to RCRA regulations.

I hope this clarifies your concerns about the waste streams from
this process. If you require additional information, please feel
free to call Ed Abrams at FTS-382-4787.
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9443.1981
Mr. Randall P. Andrews
Industrial and Agricultural Chemicals, Inc.
Rout* 2
Box S21-C
Red Springe, N.C. 28377

Dear Mr. Andrews:

This is in response to your letter of December 27, IMS,
concerning the regulatory status of the copper plating solution
that you receive at your plant site. As X understand your
situation, you obtain fro* a copper plating operation a copper
sulfate bath (which exhibits the characteristic of corrosivity)
at your plant site and react it with a chelating agent to
produce a material that is registered with the North Carolina
Department of Agriculture as a commercial fertiliser. This
•aterial no longer exhibits the corrosivity characteristic.
This Material is then sold to farmers for use as a fertiliser
or is sold to fertilizer coapanies for inclusion into fertiliser
for resale.

Under this scenario, the copper sulfate bath that you
receive at your plant site is a solid and hasardous waste and
is subject to the transportation and storage requirements
under the hasardous waste regulations. The material that is
produced at your plant site (i.e., the commercial fertiliser),
however, is no longer subject to regulation under the hasardous
waste rules and may be managed as such. The basis for this
decision is as followsi on January 4, IMS, EPA promulgated
its final rules which deal with the question of which materials
are solid and hasardous wastes when they are recycled. Among
other things, these rules state that all hasardous secondary
materials that are placed on the land for benefical use or
incorporated into products
-------
been a particular concern of Congress. In particular, in a
i.cot>«r of Congressional reports, they describe various damage
incident* imvolving vast** that aro placed on the land for
benefical use. These reports reflect not only Congress*
concern but its intent that EPA regulate this type of activity.
Therefore, we believe that this type of recycling activity
couatitues waste management and need be subject to regulatory
control.

By asserting jurisdiction over waste-derived products
that are placed on the land, we are also asserting jurisdicatior
(and regulating) the materials that go into these products,
provided these materials are hazardous (i.e., exhibit one or
more of the haaardous waste characteristics or are specifically
listed). Therefore, since the copper plating solution is
corrosive, it is subject to regulation. More specifically,
the generator and transporter of this material is subject to
the appropriate generator and transporter standards, including
the hasardous waste manifest, while you (being the recycler)
would be subject to the appropriate storage standards. (See
40 CPR 261.6(t>) and (c) for specific regulatory requirements.)
As indicated earlier, however, the material that is produced
at y»ur facility — the commerical fertiliser —> is no longer
subject to regulation since this material is no longer defined
as hasardous.
Since this regulation has gone through formal rulemaking,
your only alternative (at this time) is to submit a ruleaafcing
petition under 40 CPU Part 2(0.20 (See enclosure for specific
information requirements). Please feel free to give me a
call if I can be of any further assistance; my telephone
number is (202) 475-1551.

Sincerely yours,
Matthew A. Straus
Chief
Haste identification Branch (NH-S62B)
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9443.1985(11)
RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

NOVEMBER 85
A. fCRA

1. Solvent Mixture Rule

A product contains two active ingredients, toluene and benzene. This unused
product is spilled on the ground. How is the spill and spill residue regulate
under ICRA? will the proposed solvent mixture rule in the April 30, 198S
Federal Register (SO PR 18378) affect this?
Currently, if a product with more than one active ingredient is spilled, it
will not be classified as a *P* or *U* spill residue per 5261.33 since the
product contains more than one acti<* ingredient. Tht proposed solvent
mixture rule (50 PR 18378) does not change the an**s£ since the proposed
rule only addresses spent solvent mixtures.

If the soil mixed with the spilled product meets a characteristic of hazar'
do* vssrte in Part 261 Subpert C, then the soil is * fCRA waste. If the
soil Mixture does not meet a characteristic of hazfiz&us waste, ICRA is
not applicable. CERCLA reporting may be required if the repcctable quantic
is exceeded since benzene and toluene are hazardous substances.

Sourcet Jackie Sales (202) 382-4770
Steve Hirsch (202) 382-7703
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-------
Hazardous
Waste Characteristics
-------
Exhibit VII
Hazardous Waste Characteristics
Overheads from Presentations
Relevant Federal Regulatory Citations
RCRA Policy Excerpts
EPA Region 2 132
-------
-------
Exhibit VII-1
A solid waste may be a regulated
hazardous waste if it is either:

Listed
or
Characteristic
EPA Region 2
133
-------
-------
Exhibit VII-2
Does The Waste Exhibit A
Characteristic?
• A solid waste is a hazardous waste (unless excluded) if it
exhibits any of the characteristics of hazardous waste
- Ignitability
- Corrosivity
- Reactivity
- Toxicity
•The characteristics of hazardous waste are set forth in Subpart C of Part 261.
•Under §261.20(b), a waste must be identified using all applicable EPA hazardous waste numbers. This means that for non-listed wastes, all applicable
characteristic numbers must be used. For listed wastes, all applicable characteristic numbers must be used in addition to the listed waste number for
purposes of compliance with the land disposal restrictions.
EPA Region 2 134
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Exhibit VII-3

Characteristic of Ignitability

A solid waste exhibits the characteristic of ignitability if

• It is a liquid and has a flash point less than 60°C (140°F)

(aqueous solutions containing less than 24% alcohol are

excluded)

•EPA's objective in developing the ignitability characteristic was to identify wastes capable of causing fires through routine transportation, storage and
disposal, and wastes capable of seriously exacerbating a fire once started (45 FR 33108).
•The term 'liquid' is not specifically defined in the regulation. There are three methods that the Agency has used to determine whether a material is a
liquid: SW-846, Method 9095 (the Paint Filter Test), Step 2 of Method 1310 (the separation step of the Extraction Procedure), and Method 9096 (the
Liquid Release Test). The generator may use any method to make this determination for which he or she can provide an appropriate scientific or
technical justification (55 FR 22543).
•Ignitable liquid wastes include solvents, paint thinners, contaminated oils, and various organic hydrocarbons.
•The Paint Filter Test is commonly used to make the determination of whether a waste is liquid because it is a relatively simple test. A lOOg or 100ml
representative sample of the waste is placed in a Number 60 mesh (fine mesh) conical paint filter for a test period of five minutes. If any of the waste
drops through the filter, the material is determined to be a liquid.
•The flash point determination is made using either of two tests which are specified in the regulation (or by an equivalent test approved by the
Administrator under §260.20 and §260.21):
1. ASTM Standard D-93-79 or D-93-80 using a Pensky-Martens Closed Cup Tester; or
2. ASTM Standard D-3278-78 using a Setaflash Closed Cup Tester.
•The exclusion for aqueous liquids containing less than 24% alcohol was intended to avoid regulation of wastes such as wine and some latex paints which
have low flashpoints due to alcohol content but do not sustain combustion because of high water content. However, since the general term 'alcohol' was
used rather than 'ethanol', the exclusion applies to any type of alcohol or combination of alcohols (55 FR 22543). The term 'aqueous' is interpreted to
mean a liquid that contains at least 50% water by weight (OSWER Directive 9443.02).

EPA Region 2 135
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Exhibit VII-4
Characteristic of Ignitability (Cont'd)

A solid waste exhibits the characteristic of ignitability if
(cont'd):

• It is not a liquid and is capable of causing fire through
friction, absorption of moisture or spontaneous chemical
changes and when ignited burns so vigorously and
persistently that it creates a hazard
§261.21
•There are no test methods or quantitative criteria specified for the determination of whether a solid is ignitable.
•A waste must meet two criteria to be considered ignitable under this provision: the material must both be unstable such that it is capable of causing fires
through friction, absorption of moisture or chemical change and it must continue to burn vigorously and persistently after ignition so as to create a hazard.
•Known as Reactive Ignitables, this category primarily includes inorganic solids and wastes containing reactive materials.
•Examples of Reactive Ignitables that are reactive with water and generate gases that can ignite and burn include:
- Reactive alkali metals or metaloids such as sodium and potassium.
- Calcium carbide slags.
•Metals such as magnesium and aluminum, which in the dust or powdered form, can vigorously react with oxygen and cause fires.

EPA Region 2 136
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Exhibit VII-5
Characteristic of Ignitability (Cont'd)

A solid waste exhibits the characteristic of ignitability if
(cont'd):

• It is an ignitable compressed gas

• It is an oxidizer
§261.21
•The term compressed gas is defined in 49 CFR 173.300 (DOT) and includes:
- Materials having in the container an absolute pressure > 40 psi at 21°C (70°F); or
- Materials having an absolute pressure > 104 psi at 54°C (130°F) (regardless of the container); or
- Liquid flammable materials having a vapor pressure > 40 psi at 38°C (100°F).
•A compressed gas is considered ignitable if:
- At atmospheric temperature and pressure, a mixture of 13% or less with air forms a flammable mixture or the flammable range with air is wider than
12%, regardless of the lower limit, using sampling and testing methods acceptable to the Bureau of Explosives; or
- The material fails specified tests using the Bureau of Explosives' Flame Projection Apparatus or Closed Drum Apparatus.
•The term oxidizer is defined in 49 CFR 173.151 (DOT) as any material that yields oxygen readily to stimulate the combustion of organic matter. Several
examples are listed including chlorate, permanganate, inorganic peroxide, and metallic nitrates.

EPA Region 2 137
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Exhibit VII-6
Hospital Examples of Wastes
Exhibiting Ignitability
• Rubbing Alcohol (liquids with > 24% alcohol)
• Paregoric
Methanol
Topical Preparations
Injections
EPA Region 2
138
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Exhibit VII-7
Hospital Examples of Wastes
Exhibiting Ignitability (Cont'd)
Cleocin T Topical Solution
Retin A Gel
Erythromycin Topical Solution
Collodion Based Preparations
Silver Nitrate
Certain mouthwashes (Listerine® has >24% alcohol)*
*Source for Listerine® content: http://www.addictionend.conVbookonline/34.htm
EPA Region 2
139
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Exhibit VII-8
Characteristic of Corrosivity

A solid waste exhibits the characteristic of corrosivity if:
• It is aqueous and has a pH of <2 or >12.5
§261.22
•EPA's objective in developing the corrosivity characteristic was to identify wastes capable of:
- Mobilizing toxic constituents from other wastes (particularly metals),
- Reacting dangerously with other wastes,
- Corroding storage or transportation vessels and equipment, and
- Damaging human or animal tissue in the event of inadvertent contact.
•The term aqueous is interpreted to mean a liquid that contains at least 50% water by weight (OSWER Directive 9443.02).
•To determine whether an aqueous waste is corrosive, the pH is determined using a pH meter as described in SW-846 Method 9040 (also described in "Methods
for Analysis of Water and Wastes" EPA 600/4-79-020) or an equivalent test method approved by the Administrator under §260.20 and §260.21.

EPA Region 2 140
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Exhibit VII-9
Characteristic of Corrosivity (Cont'd)

A solid waste exhibits the characteristic of corrosivity if
(cont'd):
• It is a liquid and corrodes steel at a rate > 6.35 mm (0.25 in)
per year at a temperature of 55°C (130°F)
§261.22
•The determination of whether a liquid corrodes steel at a rate > 6.35 mm is made using the National Association of Corrosion Engineers (NACE).
Standard TM-01-60 as standardized in SW-846 Method 1110 or an equivalent test method approved by the Administrator under §260.20 and §260.21.
•Method 1110 requires that coupons of SAE Type 1020 steel be immersed in a representative sample of the waste at 55°C for approximately 24 hours.
The rate of corrosion is calculated as: ,..., ~ , , \\/i« A,-\
^ _ /x (initial mass-final mass (mg))( 11.45)
Corrosion Rate (mm/y) = -
(exposed area (cm ))(time (h))
•The term liquid, as in the ignitability characteristic, is not specifically defined.
•Non-liquids cannot, by definition, be corrosive hazardous wastes.
•Common examples of corrosive wastes include:
- acetic acid - nitric acid - sulfuric acid
- chromic acid - oleum - ammonium hydroxide
- hydrobromic acid - perchloric acid - potassium hydroxide
- hydrochloric acid - phosphoric acid - sodium hydroxide
- hydrofluoric acid
EPA Region 2 141
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Exhibit VII-10
Examples of Hospital Wastes
Exhibiting Corrosivity
• Glacial acetic acid with pH less than or equal to 2
• Sodium hydroxide with pH greater than or equal to 12.5
EPA Region 2
142
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Exhibit VII-11
Characteristic of Reactivity

A solid waste exhibits the characteristic of reactivity if:

• It is normally unstable and readily undergoes violent change
without detonation

• It reacts violently with water

• It forms potentially explosive mixtures with water
§261.23
•EPA's objective in developing the reactivity characteristic was to identify wastes that because of their extreme instability and tendency to react violently
or explode, pose a problem at all stages of the waste management process.
•There are few test methods or quantitative criteria specified for the determination of whether a waste is reactive.
•The reactive waste definition is to a large extent a paraphrase of the National Fire Protection Association's (NFPA) narrative definition - because it was
determined that the available tests for these properties suffered from a number of deficiencies.
EPA Region 2 143
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Exhibit VII-12
Characteristic of Reactivity (Cont'd)

A solid waste exhibits the characteristic of reactivity if
(cont'd):

• It generates toxic gases, vapors, or fumes in dangerous
quantities when mixed with water

• It is a cyanide- or sulfide-bearing waste which, when
exposed to pH conditions between 2 and 12.5, can generate
toxic gases, vapors, or fumes in dangerous quantities
§261.23
•The Agency developed guidance for determining whether a cyanide- or sulfide-bearing waste is reactive but remanded it in 1998. Wastes with high
concentrations of cyanide and sulfide should be considered hazardous waste based on the narrative standard.
EPA Region 2 144
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Exhibit VII-13
Characteristic of Reactivity (Cont'd)

A solid waste exhibits the characteristic of reactivity if

(cont'd):

• It is capable of detonation or explosive reaction if subjected

to strong initiating sources or if heated under confinement

• It is readily capable of detonation, explosive decomposition,

or reaction at standard temperature and pressure (STP)

• It is a Forbidden, Class A, or Class B Explosive

•Forbidden explosive is defined in 49 CFR 173.51 (DOT) and includes nitroglycerine, diethylene glycol dinitrate, loaded firearms, leaking or damaged
packages of explosives, specific fireworks, specific explosive mixtures and devices, and materials that ignite spontaneously or undergo marked
decomposition when subjected to a temperature of 75°C (167°F) for 48 hours.
•Class A and Class B explosives are defined in 49 CFR 173.53 and 173.88, respectively.
•Common reactive wastes include:
- acetyl chloride - hypochlorites - permanganates
- chromic acid - organic peroxides - oxidizers
- cyanides - perchlorates

EPA Region 2 145
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Exhibit VII-14
Examples of Hospital Wastes
Exhibiting Reactivity
Lithium-sulfur batteries
Picric acid (dry)
Nitroglycerin formulations
EPA Region 2
146
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Exhibit VII-15
Picric Acid
2,4,6-trinitrophenol, picronitric acid, melinite
Sometimes used in histology labs
A component of Bouin's Solution- tissue
preservative
Dry picric acid is explosive and disposal is very
costly and disruptive
EPA Region 2 147
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Exhibit VII-16
Picric Acid (Cont'd)
EPA Region 2
148
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Exhibit VII-17
Ethylene Oxide - EtO
Used to sterilize surgical equipment.
Very low flashpoint ~4F
Wide explosive range
Severe explosion hazard when exposed to heat or
flame
Incompatible with many materials
EPA Region 2 149
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Exhibit VII-18
EPA Hazardous Waste Codes
• Ignitable Wastes - D001
• Corrosive Wastes - D002
• Reactive Wastes - D003
•Wastes exhibiting the characteristics of ignitability, corrosivity, and reactivity are assigned all of the appropriate EPA Hazardous Waste Code as identified
above.
EPA Region 2 150
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Exhibit VII-19
Toxicity Characteristic

A solid waste exhibits the characteristic of toxicity if:

• The Toxicity Characteristic Leaching Procedure (TCLP)
defines it as toxic

• The TCLP measures how much contamination would drain
(leach) from waste and pollute groundwater
EPA Region 2 151
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Exhibit VII-20
Examples of Hospital Wastes
Exhibiting Toxicity
• Chloroform
Lindane
• m-Cresol
• Mercury and Mercury Compounds (Thimerosal)
Phenylmercuric Acetate
Arsenic Compounds
Barium Compounds
Certain other metal compounds (e.g., chromium, cadmium,
selenium, silver)
EPA Region 2
152
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Exhibit VII-21
TC Wastes
Chemical
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Concentration
(mg/l )

100.0
1.0

Waste Code

D005
D006

EPA Region 2
153
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Exhibit VII-22
TC Wastes (Cont'd)
Chemical
Concentration
(mg/l)
Waste Code
Benzene
0.5
D018
Selenium
1.0
D010
Silver
5.0
D011
Lindane
0.4
D013
Benzene
0.5
D018
Carbon
Tetrachloride
0.5
D019
EPA Region 2
154
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Exhibit VII-23
TC Wastes (Cont'd)
Chemical
Chlorobenzene
Chloroform
o-Cresol
m-Cresol
p-Cresol
Cresol
Concentration
(mg/l )
100.0

Waste Code
D021

EPA Region 2
155
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Exhibit VII-24
TC Wastes (Cont'd)
Chemical
1 ,4-Dichlorobenzene
Hexachloroethane
Methyl Ethyl Ketone
Nitrobenzene
Pyridine
Tetrachloroethylene
Concentration
(mg/l )
7.5

200.0
2.0
5.0

Waste Code
D027

D036
D038

EPA Region 2
156
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Exhibit VII-25
TC Wastes (Cont'd)
Chemical
Trichloroethylene
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
Concentration
(mg/l )
0.5
400.0

Waste Code
D040

EPA Region 2
157
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Exhibit VII-26
Mercury-Containing Devices &
Products
In Patient Rooms
• Temperature Measurement
• Blood Pressure
• Nursing Incubators
• Room Temperature Controllers
• Batteries
EPA Region 2 158
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Exhibit VII-27
Mercury-Containing Devices &
Products (Cont'd)
In Storage and Maintenance Rooms
• Antifouling agents
• Cleaning Chemicals
• Degreasers
• Preservatives
• Solvents
• Outdated mercury-containing equipment
• Paints
EPA Region 2 159
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Exhibit VII-28
Mercury-Containing Devices &
Products (Cont'd)
In Treatment and Surgery Rooms
• Merthiolate
• Mercury Nitrate
• Mercury Iodide
• Mercurochrome
• Thimerosal
EPA Region 2 160
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Exhibit VII-29
Mercury-Containing Devices &
Products (Cont'd)
In Treatment and Surgery Rooms (confd)
• Esophageal Dilators
• Cantor Tubes
* Miller Abbot Tubes
• Feeding Tubes
• Dental Amalgam
EPA Region 2 161
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Exhibit VII-30
Waste Identification

• Generators are responsible for determining whether wastes are

hazardous

• If waste is not excluded, the generator must determine whether

the waste is listed or exhibits any hazardous waste characteristics

• Determination may be based on testing or knowledge

• If waste is hazardous and subject to Subtitle C control, generator

must keep records unless the waste is specifically excluded or

managed in exempt units

•Under TC, generators remain responsible for determining whether waste is hazardous.
- Generators are not required to test wastes to make this determination.
-If a waste is excluded from regulation (40 CFR261.4) or is listed (SubpartD of 40 CFR Part 261), no further determination of hazardousness is necessary.
•If waste is not excluded, the generator must determine whether the waste exhibits any hazardous waste characteristics, TC being one such characteristic.
- Generator may determine whether waste exhibits a characteristic by (a) testing the waste or (b) applying knowledge of the waste.
•If a waste is hazardous, the generator must keep records.
- Records establishing basis for waste identification determination must be kept at least three years after generator handles the waste.
EPA Region 2 162
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Exhibit VII-31
Relevant Federal Regulations
40 CFR Part 261
261.20 - 261.24
EPA Region 2 163
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Exhibit V
f..
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Faxback 11457

9444.1989(09)

RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

AUGUST 89

1. Waste Identification of Discarded Thermometers

A manufacturer of mercury thermometers produces a batch of contaminated
thermometers that must be discarded. If the manufacturer discards the
unused thermometers intact, would the waste need to be managed as U151 or
would the manufacturer need to test the waste to see if it exhibits a
hazardous waste characteristic?

40 CFR Section 261.33 contains a listing of commercial chemical
products that are hazardous wastes if and when they are discarded.
Under Section 261.33(d), the phrase "commercial chemical product is
defined as a chemical substance which is manufactured or formulated
for commercial or manufacturing use ...." Furthermore, according to
the final rule preamble in the November 25, 1980 Federal Register
(45 FR 78541), the Agency did not intend for the phrase commercial
chemical product to apply to manufacturing articles that contain a
chemical listed in Section 261.33. The intent was to regulate only
those commercial chemical products and manufacturing chemical
intermediates that are known by the generic name listed in Sections
261.33(c) or (f). Thus, a thermometer containing mercury is not
itself a commercial chemical product and would not meet the U151
listing. The manufacturer would then need to check the discarded
thermometers for the hazardous waste characteristics, specifically
to see if the waste would exhibit EP toxicity and thus need to be
managed as RCRA hazardous waste D009. Waste not subject to federal
regulations may be regulated under specific state requirements which
are more stringent.

Source: Ron Josephson (202) 475-6715
Research: Mary Beth Clary
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rayc i
Faxback 11142

9441.1986(27)

United States Environmental Protection Agency

April 2, 1986

Mr, Lean E. Lataille
Senior Environmental Scientist
Mabbett, Capaccio, and Associates, Inc.
2067 Massachusetts Avenue
Cambridge, Massachusetts 02140

Dear Mr. Lataille:

This is in response to your letter dated March 12, 1986,
concerning the regulatory status of off-spec and broken mercury
thermometers that are reclaimed under the Resource Conservation
and Recovery Act hazardous waste rules. In general, these off
spec and broken mercury thermometers are not subject to any of
the hazardous waste regulations. In particular, the hazardous
waste regulations indicate that commercial chemical products
I/that are reclaimed are not solid wastes. Since a material must
be a solid waste in order that it be hazardous, they are not
defined as a hazardous waste. The mercury thermometers (as I
understand) are unused products that are either offspec or are
broken during the manufacturing process; thus, these thermometers
are defined as commercial chemical products. Therefore, these
mercury thermometers are not subject to the RCRA hazardous waste
rules.

You should be aware, however, that States may choose to
regulate these materials when they are sent for reclamation.
Therefore, you need to contact representative in the State
hazardous waste program to determine the regulatory status of
these off-spec and broken mercury thermometers under the State
hazardous waste rules.
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Please feel free to give me a call at (202) 475-8551 if I
can be of any further assistance.

Sincerely,

Matthew A. Straus, Chief
Waste Identification Branch
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Faxback 13372
9441.1990(13c)

RCRA/Superfund/OUST Hotline Monthly Report Question

May 1990

2. Hazardous Waste Identification
i
As part of an experiment, an independent tester wishes to
set up weather testing equipment on several sites across
the country. One of his concerns is that if one of the
thermometers breaks and leaks mercury onto the ground,
how would the soil contaminated with mercury be
identified?

When the mercury leaks from the thermometer and falls onto the
ground, it meets the definition of "spent material" in 40 CFR 261.1
(c)(I): it is a "material that has been used and as a result of
contamination can no longer serve the purpose for which it was
produced without processing." Spent materials that are reclaimed
are solid wastes according to Section 261.2 (c)(3). Thus, if the
mercury contaminated soil exhibits a characteristic of hazardous
waste (for example, the toxicity characteristic of Section 261.24),
the generator must manage the soil as a hazardous'waste.
(Authorized States and EPA Regions determine when the hazardous
waste has been removed and the soil may once again be handled as
soil) The P- and U- lists of discarded commercial chemical products
and spill residues apply only to unused materials; since in this
case the mercury in the thermometer had been used, the U151 listing
of Section 261.33 does not apply.
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Kage i
Faxback 11378

9441.1988(45)

OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE

NOV 21988 ,

Mr. Donald E. Stone
Manager, Environmental.Compliance
GSX Chemical Services, Inc.
P.O. Box 210799
Columbia, SC 29221

Dear Mr. Stone:

This letter is in response to our telephone conversation of
October 19, 1988 and your follow-up letter dated October 20,
1988, both dealing with waste listings for commercial chemical
products.

When defining a material as a hazardous waste under RCRA
Subtitle C, the material must first be defined as a solid waste
in accordance with 40 CFR Section 261.3(a). A discarded
material that is recycled by being reclaimed may be defined as
a solid waste, depending on the type of secondary material (see
Table 1, Section 261.2(c)(3)). Since you did not specify in
the examples in your letter the disposition of the mercury and
mercury-containing material, I am assuming that it is going for
reclamation.

In your first example, the mercury is contaminated before
being placed in the product (thermometer). If the contaminated
mercury is shipped off-site for disposal, it would be a solid
and hazardous waste identified as an off-specification
commercial chemical product (listed waste U151) in 40 CFR
Section 261.33. If, however, the mercury was sent for
reclamation, it would not be defined as a solid waste (see
40 CFR Section 261.2(c)(3)(Table 1)). Therefore, the mercury
would not be identified as listed waste U151 and a manifest
would not be required in this case because Subtitle C of RCRA
is not applicable to materials that are not defined as a solid
waste (see 40 CFR Section 261.2).
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rage
In your second example, the broken thermometer has been
used and meets the definition of a spent material in 40 CFR
Section 261.l(c)(l). Spent material sent for reclamation is
defined as a solid waste in 40 CFR Section 261.2(c)(3)(Table
1). The broken thermometer (mercury and glassware) could then
-2-

be further defined as a hazardous waste if it exhibits a
characteristic of a hazardous waste (i.e., EP toxic, in which
case it is hazardous waste D009). This determination is made
either through the generator's knowledge of the characteristics
of the waste or by subjecting the waste to the EP toxicity
leaching procedure (refer to 40 CFR Section 262.11(c)).

Finally, in your third example, if the mercury-containing
batteries and switches can be defined as spent materials as
specified in 40 CFR Section 261.1(c)(l), the waste
identification process used in example two above would apply.

As is always the case, a RCRA authorized State might have
more stringent requirements so you should contact the
appropriate state agency to determine what their regulations
require.

If you have any questions, please contact Steve
Cochran at (202) 475-8551.

Sincerely,

Original Document signed

Robert W. Dellinger
Chief, Waste
Characterization Branch
D
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rage i 01

Faxback 14012

9441.1996(07)

MONTHLY HOTLINE REPORT:

August 1996

1. Definition of Commercial Chemical Product for Solid Waste
Determination vs. Hazardous Waste Identification

An instrument manufacturer has off-specification mercury
thermometers which it wishes to either discard or reclaim. Under
40 CFR 261.2, the definition of solid waste, "commercial chemical
products" such as thermometers being reclaimed are not solid waste
and therefore cannot be hazardous waste ( 261.2(c)(3) and
( 261.3)). Under 261.33, the P and U lists of hazardous wastes,
"commercial chemical products" containing mercury as a sole active
ingredient are characterized as U151, a listed waste ( 261.33(d),
261.33(f)). What is the difference between the definition of
commercial chemical product for the purposes of the definition of
solid waste and the P and U list of hazardous waste, and given the
relative difference, would the thermometers be subject to
hazardous waste regulation if reclaimed or discarded?

The phrase "commercial chemical product" has different meanings
in the definition of solid waste and the definition of hazardous
waste. As applied to 261.2, the definition of solid waste, EPA
interprets the category of commercial chemical products to include
all types of unused commercial products, whether or not they would
commonly be considered chemicals (e.g., circuit boards, batteries
and other types of equipment). Although 261.2(c)(3), Table 1,
applies this provision to "commercial chemical products listed in
40 CFR 261.33," EPA interprets the definition to also include
commercial chemical products that are not listed in 261.33, but
exhibit one or more characteristic of hazardous waste (50 FR
14219; April 11, 1985).

For the purposes of the P and U lists of hazardous wastes,
however, EPA intended to include in the P and U lists only those
commercial chemical products and manufacturing chemical
intermediates known by the generic chemical name listed in
261.33. EPA considers the P and U list definition of commercial
chemical product to exclude manufactured articles such as
thermometers or fluorescent lamps(40 CFR 78541; November 25,
1980). Therefore, manufactured articles that contain a P or U
listed chemical would not be considered a listed waste when
discarded in an unused form.

If the thermometers in question are to be reclaimed, they would

http://yosemite.epa.gov/OSW/rcra.nsf/Documents/41E160BD479A0147852565DAO()()I7(»(;1^ 1 r 0
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rage / or
be considered commercial chemical products being reclaimed for the
purposes of the definition of solid waste, and, thus, would not be
a solid waste. Since a material must be a solid waste in order to
be considered a hazardous waste, the thermometers destined for
reclamation could not be regulated as a hazardous waste ( 261.3).
If the thermometers are to be discarded, then they would be a
solid waste and the manufacturer must then consider whether the
off-specification thermometers are listed or characteristic
hazardous waste ( 262.11). Mercury thermometers are not among the
process- and industry-specific wastes found in the F and K lists
in 261.31 and 261.32. The thermometers would not meet the P or U
listing criteria because they are considered manufactured
articles, not commercial chemical products for the purposes of
hazardous waste, as explained above. As a result, the thermometers
would not be regulated as U151, and would only be subject to
regulation as a hazardous waste if they exhibited a characteristic
of a hazardous waste found in Part 261, Subpart C.
http://yosemite.epa.gov/OSW/rcra.nsf/Documents/41E160BD479A0147852565DA006F0909 3/17/04
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Faxback 13530

9444.1992(01)
RCRA/Superfund/OUST Hotline Monthly Report Question
March 1992

2. Commercial Chemical Product Definition in 261.33

A manufacturer intends to discard an unused formulation which contains two chemicals that serve as
active ingredients. Only one of the chemicals is listed in 40 CFR 261.33. A comment in 261.33; d) stales
that "[t]he phrase 'commercial chemical product or manufacturing chemical immediate having the
generic name listed in...' refers to a chemical substance which is manufactured or formulated lor
commercial or manufacturing use and which consists of the commercially pure grade of the chemical,
any technical grades of the chemical that are produced or marketed, and all formulations in which the
chemical is the sole active ingredient." (Emphasis added.) Does the term "sole active ingredient" rcfer
only to chemicals which are listed in 261.33(e) and (f)? If a product contains two active ingredients,
only one of which is listed, would the discarded product be regulated as a P- or U-listed waste'?

The discarded formulation would not be regulated as P- or U-listed waste when discarded. In order to be
regulated as a P- or U-listed waste, a waste must meet all of the listing criteria. The listings in 26 .33 do
not include chemical mixtures where the listed chemical is not the sole active ingredient, and do ii<>\
apply to chemicals that have been used for their intended purpose (54 FR 31335; July 28,! lAS(/;. in ihe
scenario described above, while the discarded formulation meets the criterion of being unused, it
contains more than one active ingredient. It is not necessary for a chemical to be listed in 261.33(e) or
(f) in order to meet the definition of an active ingredient. An active ingredient is defined as a component
or mixture that performs the function of the product. "Sole active ingredient" means the active ingredient
is the only chemically active component for the function of the product. If a formulation has more than
one active ingredient, the formulation, when discarded, would not be within the scope of the listing in
261.33, regardless of whether only one or both active ingredients are listed.

Generators, however, must be sure to correctly determine whether a particular constituent performs the
function of the product, or only serves an ancillary function, such as mobilizing or preserving the active
ingredient. For example, fillers, solvent carriers, propellants, and other components with no pesticidal
role are functionally inert in pesticide formulations and therefore are not active ingredients. In cases
where a hazardous constituent from 261.33(e) or (f) is a functionally inert component of a commercial
chemical product, e.g., a solvent carrier, its presence does not prevent the formulation containing
another P- or U-listed constituent as the sole active ingredient from being a P- or U-hst waste (internal
Agency memorandum dated May 3, 1989).
http://www.sefsc.noaa.gov/HTMLdocs/regchemicalsl.htm 3/17/04
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Faxback 11459

9444.1989(07)

APRIL 21 1989

Mr. Thomas R. Mastalerz
Technical Sales Representative
GSX Services, Inc.
P.O. Drawer C
Greenbrier, Tennessee 37073-0903

Dear Mr. Mastalerz:

This letter is in response to your letter dated July 31,
1989, in which you asked for clarification of Resource
Conservation and Recovery Act (RCRA) regulations as they pertain
to "U" and "P" listed wastes found at 40 CFR Section 26t.33(e)
and (f).

When characterizing any commercial chemical product (CCP) as
a hazardous waste under Subtitle C or RCRA, a person must first
determine if the CCP can be defined as a solid waste (see 40 CFR
261.2). If the CCP is a solid waste, the CCP would also be a
hazardous waste if it is either a "U" or "P" listed waste in 40
CFR Section 26l.33(e) or (f) and/or if it exhibits a
characteristic of a hazardous waste as defined in 40 CFR Subpart
C or Part 261. If the CCP is not defined as a solid waste, it
cannot be a hazardous waste.

As stated in 40 CFR Section 261.33(b), "The following
materials or items are hazardous wastes if and when they are
discarded or intended to be discarded...any off-specification
commercial chemical product or manufacturing chemical
intermediate which, if it met specifications, would have the
generic name listed in paragraphs (e) and (f) of this section."
Section 26l.33(d) provides that commercial chemical products on
the "U" and "P" lists would also include commercially pure grades
and technical grades of that chemical.

The July 28, 1989 Federal Register (54 FR 31336) explains
that the "U" and "P" lists do not apply to chemicals that have
been used for their intended purposes. If the laboratory's
"chemical A (U???)" described in your letter is "unused" and
still remains a technical grade of that chemical after the 0.5%
- 5.0% contamination you indicated, then the chemical must be
classified as a U listed waste when discarded or intended for
discard/disposal. In addition, if the laboratory's "unused"
chemical A was no longer considered a technical or commercially
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Page 2 of 2
pure grade due to contamination, it would be considered an off-
specification species of that chemical. As the November 25, 1980
Federal Register (48 FR 78540) explains, "off-specification"

-2-

materials that, if they met the specification, would be
commercial chemical products or manufacturing chemical
intermediates" would be listed hazardous wastes when discarded or
intended for discard/disposal.

If you have a CCP that has been used, then it would not be a
"U" or "P" listed waste. It may, however, still exhibit one or
more of the characteristics of a hazardous waste defined in 40
CFR Part 261 Subpart C. It is the responsibility of the
generator to make this determination.

You should also be aware of the fact that if the CCP were a
solvent (i.e., used for its solvent properties) and it was spent,
it may meet one of the spent solvent hazardous waste listings
found at 40 CFR Section 261.31 (Hazardous Waste Nos. F001 through
F005).

Finally, please be advised that States may have regulations
that are more stringent or broader-in-scope than those of the
Federal government. You should always check with the appropriate
state agency.

If you should have any further questions, please call the
RCRA/Superfund Hotline at 1-800-424-9346.

Sincerely,
Devereaux Barnes
Director
Characterization and
Assessment Division
http://yosemite.epa.gov/OSW/rcra.nsf/Documents/622C36CD88D449F3852565DA006F045B 3/18/04
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Fage 1 ot 1
Faxback 13335

9444.1989(14)

RCRA/SUPERFUND HOTLINE SUMMARY

NOVEMBER 1989

3. 40 CFR Section 261.33: Spills of Commercial Chemical Products

Any residues or contaminated soils, waters or other debris"...resulting from
the cleanup of a spill into or on any land or water of any commercial
chemical product or manufacturing chemical intermediate having the generic
name listed in paragraph (e) or (f)..." of Section 261.33 are hazardous
wastes if and when they are intended to be discarded. (40 CFR 261.33(d))
Does 40 CFR 261.33 only apply to spills "into or on any land or water," or
are other types of spills covered (i.e., debris that result from a cleanup of
a spill wholly contained within a building)?

In the November 25, 1980 Federal Register EPA states that the purpose
of 40 CFR Section 261.33 is to regulate the listed chemical products
(and spill residues thereof) as hazardous wastes when they are
discarded or intended to be discarded. (45 FR 78540) Although not
specifically stated in Section 261.33(d), EPA intends that this section
apply to all spill residues, regardless of where the spill occurs. The
scope of this regulation includes not only spills on land or into
water, but also other types of spills.

Source: Ron Josephson, OSW (202) 475-6715
Research: Sean White
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AUG I T
Joseph E. Micticci, D.D.S.
Bellevue Medical Building
660 Lincoln Avenue
Pittsburgh, Pennsylvania 15202

Dear Dr. Micucci:

This letter responds to your July 30, 1989, request for
information regarding the regulatory status of scrap dental
amalgam under the Resource Conservation and Recovery Act (RCRA)
and potential liability under section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act
(CERCLA). These issues will be addressed separately.

Dental amalgam is not specifically listed as a hazardous
waste under RCRA. The burden on the generator is to then
determine whether the amalgam exhibits a characteristic of a
hazardous waste. You indicated in your letter that the American
Dental Association (ADA) has conducted research that indicates
that amalgam does not exhibit the characteristic of EP
toxicity. If true, the amalgam would not be a hazardous waste.
However, the responsibility for determining the regulatory
status of a waste is borne by the individual generator (who may
cite the ADA research as applying knowledge of his waste in
determining the regulatory status).

You also state that your collections of amalgam for
recycling or refining are not expected to exceed 100 kg per
month. A generator (in thi» case, the dentist or dental supply
house) of less than 100 kg per month of total hazardous waste
(not any one particular hazardous waste) or 1 kg per month of
acute hazardous waste is considered a conditionally exempt small
quantity generator. The wastes generated by such a generator is
exempt from regulation provided the generator complies with the
provisions found at 40 CFR 261.5. If, however, the amalgam is
not a hazardous vasts, this exempt status would not apply since
there would b« no need for the exemption.

RegardijJM your potential liability under section 107 of
CERCLA, thjpliability is not dependent upon a material's RCRA
regulatory status. Rather, section 107 states that in the event
of a release or threatened release of a hazardous substance,
any person who by contract, agreement, or otherwise arranged for
disposal or treatment, or arranged with a transporter for
transport for disposal or treatment of hazardous substances
owned or possessed by such person shall be liable for the costs.
of response. This liability is based upon a person's
EPA PMB 13204 03-70)
OFFICIAL FILE COP
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- 2 -
contribu
subi
are certa
CERCLA a
constitue:
the release or threatened release of hazardous
necessarily "wastes,1* although hazardous wastes
included) as defined under section 101(14) of the
_ Should your dental amalgam be composed of any
that meet the definition of CERCLA hazardous
substances, and there is a release from the reclamation facility
(or disposal facility) that received your amalgam, you may be
subject to joint and several liability in an enforcement
action. However, each enforcement action is case-specific and
liability would be determined by the implementing agency in
coordination with the principle responsible parties.

The regulatory status of amalgam provided in this letter
applies to Federal regulations. State regulations may be more
stringent, and I encourage you to contact your State regulatory
agency for an interpretation of the applicable State
regulations. Should you have any further questions regarding
the status or CERCIA liability of your scrap amalgam, you may
contact the RCRA/CERCLA Hotline at 1-800-424-9346, or may
contact Mitch Kidwell, of my staff, at (202) 475-8551.

Sincerely,
Michael J. Petruska
Acting Chief
Waste Characterization Branch
!!i!!!!!l 1!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
6s-332-MiTCH-PDISK-MK-8/16/89-WCB023
i i i i t t i i i i i t i >

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;'
JUL 28 1988
Mr. T. Wayne Vickers
V.P., Marketing and Sales
Columbus Industries, Inc.
P.O. Box 257
Ashville, Ohio 43103-0257

Dear Mr. Vickers:

I am responding to your letter dated June 27, 1988, in which
you requested information regarding the disposal of paint filters
and our opinion on the veracity of an advertisement for paint spray
booth filters. Specifically, your questions deal with an
advertisement for a styrofoam paint spray booth filter appearing in
the April, 1988 issue of FINISHER'S MANAGEMENT magazine.

We can not comment on the veracity of the advertisement, but we
can offer some information regarding the disposal and hazardous
waste classification of related wastes.

Used paint filters are not a RCRA listed hazardous waste (i.e.,
not listed in 40 CFR 261.31*33). However, they may be
characteristically hazardous if they exhibit any of the four
hazardous waste characteristics (ignitability, corrosivity,
reactivity, or extraction procedure (IP) toxicity - see 40 CFR
261.21-24).

The advertisement claims that the filter is soluble in paint
thinner for easy disposal. If the thinner is on* or more of the
solvents covered by the IPX hazardous waste listings F001-F005, and
the thinner has be*n used for its solvent properties (i.e., to
solubilize or mobilize another material such as in a cleaning
operation or ia-dissolving the paint filter), then the resultant
solution of Jth« paint filter and the thinner will become a listed
hazardous vast* on disposal.

I hops this information will be useful to you.
*
Sincerely,
Devereaux Barnes
11.HI
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9443.1988(07)
UNITED STATES ENVIRONMENT

WASHINGTON, O.C. 204«O
5QUO WASTE AND EMEMGENCv MES?O
MEMORANDUM

SUBJECT: Classification of Discarded Class C Explosives
FROM: Sonya M. Stelmack, Acting Chief
Alternative Technology and Support Section

TO: Incinerator Permit Writers' Workgroup

Our section has recently received several inquiries
regarding whether Class C explosives intended for disposal
are classified as Subtitle C hazardous wastes, since it is
apparent that confusion exists, I would like to clarify this
issue.

To date, only those Class C explosives identified as
off ^specification small arms ball ammunition up to and
including 0.50 caliber have been demonstrated not to be
subject to the Subtitle C hazardous waste requirements. The
Office of Solid Haste concluded that these materials are not
"reactive" within the meaning of 40 CFR 261. 23 (a) (6) based
on information provided by Remington Arms Company and the
Army (see attached memorandum). Furthermore, in a letter
from Marcia William* to J. Carricato of DOD (also attached)
it was emphazised that the OSW determination only applied to
the ball ammunitions since other ammunition types of similar
caliber may be subject to RCRA. For the remaining Class C
explosive wastes, as for any other solid waste not listed in
40 CFR 261 Subpart D, the generator must determine whether
his particular waste exhibits the reactivity or other
characteristics identified in 40 CFR 261 Subpart C.

He will be working with the Army on the class C
explosive* issue as it relates to popping furnaces. If you
have any questions on the Class C explosives issue, please
contact Lionel Vega at FTS 475-8988.

Attachment*

cc: Bruce Weddle
Elizabeth Cotsworth
Lionel Vega
David Friedman
Major Jessie Cabellon
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9443.19SS
SfA,-K EMYHOHMEMTAL PROTECTION ^
Mflf-2 888
Mr. G. R. Boulden
Ladish Co., Inc.
Kentucky Plant
Cynthiana, KY 41031

Dear Mr. Bouldent
This letter is in response to your telephone conversation
with, and March 1, 1988 letter to, David Topping of my staff.
Specifically, you have requested an interpretation as to the
applicability of certain hazardous.vaste definitions and
regulations.

As you ace.aware, wastes are considered hazardous if they
either (1) are listed in the lists of hazardous wastes described
in Sections 261.31 through 2*1.33; or (2) exhibit any of the
characteristics of a hazardous waste described in Sections 261.21
through 261.24. For purposes of_clarity, it should be noted that
the wastes you describe do not meet the first .criterion. That
is, since the plant's SIC code- is not 331 or 332, the wastes do
not meet the definition of EPA Hazardous Haste NO. K062, which
appears to be the only listing that applies to pickling
operations. Therefore, the wastes would only be considered
hazardous if they exhibit one of the characteristics or are mixed
with another waste that is listed. ,_

The responses to your specific questions follow:

1. Is the spent pickle liquor a hazardous waste if
it corrodes 1020 steel at a rate of 2. 0.25
inches/year?

Yes. This is the definition of* a corrosive liquid
vaste as described at Section 261.22U) (2).

2. Is the sludge frost the bottom of the pickle tank a
hazardous vasts if its pH £ 2?

Tes. This is the definition of a corrosive aqueous
vasts as described at Section 261.22(a)CD.
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3. Does paragraph 264.314 apply to the devatered lime
neutralized pickle sludge that is taJcen to the local
landfill?

No. Part 264 applies to hazardous waste treatment,
storage, and disposal units. To the extent that the
"local landfill" is not a hazardous waste facility,
Section 264.314 is not applicable.

4. InNregards to the wastes discussed above, what if
any\
regulatory requirements does the EPA have?

Since it\is not clear whether the wastestreams of the
Kentucky Xiant do or do not exhibit the
characteristics described above, a general answer to
this question cannot be provided. It is suggested
that you direct this question to our Regional Office
at the following address:

U.S. ^tPA Region IV
345 Co\rtland Street, N.E.
Atlanta\ GA 30365
Attn: James H. Scarbrough
Residualsvtanagement Branch

Also, please note that State regulations may differ from
Federal regulations. Since the Regional EPA offices deal more
directly with the States, they are be\ter able to provide the
information you desire.

Should you have any questions regarding this response, feel
free to contact David Topping of may staff at (202) 382-7737.

Sincereli
Devereaux Baines, Director
Characterizatvon and Assessment
Division
I!I I I I I!!I I I I I I I I 11! I 1 11 1 I I I 11 I 11!I 111 I 111 11 I! 1 1 !\l I I 1 I I I t 1 !! I II ! !
cc: James Scarbrough

Region IV

WH-562B/DTOPPING/BC/382-7737/RS242/4/26/88/DTOPPING-8701/LADISH
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94 41.135" C9 3)
.xtc"">,
* " '*. UNITED STATES ENVIRONMENTAL PROTECTION AGE.«.T
? WASHINGTON. D.C. 20460
NOV30J967
SCuO W4ST£ AND t
Mr. Phillip C. McGuire
Associate Director, Law Enforcement
Department of the Treasury
Bureau of Alcohol, Tobacco and Firearms
Washington, D.C. 20226

Dear Mr. McGuire:

ThanJc you for your October 14, 1987, letter regarding the
disposal of explosive materials under the Resource Conservation
and Recovery Act (RCRA). We have reviewed the information you
provided concerning the detonation of seized explosives that you
believe would not fall under the RCRA Subtitle C program. W«
thinx, however, that the seized explosives may indeed be a solid
waste from the moment a decision is made that the explosives
must be destroyed and not returned to the original owners.

The basis for the Environmental Protection Agency's (EPA)
opinion is that the explosives are not being used for their
originally-intended purpose (e.g., demolition of a. building,
military use, etc.), but rather are being detonated to discard
the materials. The explosives, therefore, would meet the
definition of a solid waste as defined in 40 era Section
261.2
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I would like to suggest that EPA staff meet with your staff
no discuss how to reconcile the RCRA rules as they apply to BATF
.etonation activities. Rulemaking efforts may be required of
.ooth agencies to resolve any inconsistencies, in order to
schedule a meeting that win be mutually convenient, please
contact Mike Fetruska, of my staff, on 475-8551. we believe
that this meeting win provide the opportunity to discuss
several points including what rulemakings may have to be
undertaken by either agency, and what exemptions may be
possible.

If I can be of any further assistance, please let me know.

•sSincerely,

i /:!//"
, Winston Porter
isistant Administrator
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UNITED STATES ENVIRONMENTAL PROTECTION AGENO

WASHINGTON. O C. 20460
NOV 20087

SUBJECT: Lead-Sased Paint Residues and Lead Contaminated
Residential Soils in Private/Public Housing Units

FRO": Jeffery Denit, Deputy Director
Office of Solid Waste (WH-562)

TO: waiter Kovalick, Deputy Director .
Office of Emergency and Remedial Response (WH-548)
The following information is being provided in response to
your draft memorandum requesting classification of lead-based
paint residues.

BACKGROUND

As you are aware, the question of lea :-based paint dis-
posal has been of concern for a long time. As early as 1904, it
was recognized that ingestion of paint and paint chips poses a
serious health hazard to children. Many buildings, both individua]
residences and public housing units, especially those built
before 1950, contain lead-based paints on interior and exterior
walls, window sills, and other surfaces accessible to young
children. In addition to paint, some plasters and putties have
also been found to contain high levels of lead. Some older
primers have been found to contain from 30,000 to €00,000 mg
lead per kg of primer. Soils adjacent to residences also have
been found to contain high levels of lead due to the leaching of
the lead as a result of the weathering of the painted surface.
For instance, in a study of lead contamination in urbana,
Illinois, lead was found in concentrations up to 12,000 ppm in
soil. Many other cities throughout the United States have similar
problems.
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Numerous state and Federal agencies have been aware of
and concerned about the problem for some time and are pursuing
orogra"is to identify lead poisoning and to remove lead-based "
paint from residences. The Lead-Based Paint Poisoning Preven-
tion Act, as amended, provides the Department of Housing and"
Urban Development (HUD) with authority to eliminate the hazards
of lead-based paint poisoning in HUD-financed and other pubU-
residential housing. Unfortunately, the program has been hinderec
bv the lack of a determination of whether or"not lead-based
paint residues (oaint chips, peelings, etc.) should be manaoed
and disposed of as a hazardous waste.

ISSUES

Currently, the question of whether or not lead paint
wastes are hazardous is confused by Section 261.4 "Exclusions"
of 40 CFR Part 261, Identification and Listing of Hazardous
Waste. If these wastes are generated at a commercial facili y
and exceed the EP toxicity limit of 5 ppm for lead, then they
will be hazardous wastes. However, when the paint residues
are generated at private and public residential units-, the
question arises as to whether the household waste exclusion
applies (See 40 CFR 261.4 (b)). This provision excludes
household wastes from regulation as solid wastes, and therefore,
as hazardous wastes. Household wastes are defined as "any
material (including garbage) trash, and sanitary wastes (in
septic tanks) derived from households (including single and
multiple residences, hotels and motels, bunkhouses, ranger
stations, crew quarters, campgrounds, picnic grounds, and day
recreation areas.)"

In the preamble to the federal Register notice addressing
hazardous vast* identification and listing (vol. 49, Mo. 220,
November 13, 1984, page 44998), EPA states that -there is no
basis for extending the household waste exclusion to waste
such as debris produced during building construction, renovation,
or demolition la houses or other residences, as EPA does not
consider wastes from these sources to be similiar to those
generated by a consumer in a hone in the course of daily living."
Furthermore, in the preamble to the Final Hazardous Waste
Rules, Federal Register, Vol. 45, No. 98, May 19, 1980, EPA
noted that wastes generated by Federal agencies are not subject
to the household exemption since they cannot qualify as household!
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paint wastes are exempted from regulation as a hazardous
waste if they are gererated at individual households by the
houseowner doing his own removal. On the other hand, If the
removal at an individual residence is done by a contractor,
the residues are solid wastes and must be evaluated with respect
to their hazardousness (EP Toxicity) and must be disposed of
according to hazardous waste regulations if found to'be hazardous.

In cases where paint residues are regulated under Sub-
title C, then commercial contractors who are performing the
renovation work and who generate less than 100 kg per month of
paint residues (which we believe is likely), will be a condition-
ally exempt generator (Section 261.5) and their waste will not
be subject to reaulation under Sections 262 through 266 of
RCRA. we believe that only large renovation projects will
exceed the 100 kg per month limitations.

while paint residues may not be regulated as hazardous
wastes, especially at private individual households or small
housing units, information should be made available tt> homeowners
warning them of the hazards associated with improper disposal
of paint residues. Directions should be provided regarding
the proper disposal of these wastes.

In the case of a larger commercial contractor whose activi-
ties result in the generation of more than 100 kg per month of
waste, for instance, at a public housing renovation project,
then the "hazardousness" of the waste must be determined.
In the case of lead-paint wastes, the EP Leachate Test should
be performed. If the leachate lead concentration exceeds 5
ppm, then the paint waste is a hazardous wast*. If the residues
are indeed hazardous, then the generator (removal contractor)
must comply with all appropriate regulations, (e.g.. Parts 262
standards Applicable to Generators of Hazardous wastes and
Part 263 Standards Applicable to Transporters of Hazardous
waste), and Bust send the waste to a facility that is permitted
or operating under RCRA interim status.
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PROCESSES THAT MAY GENERATE HAZARDOUS WASTE

There are several methods available for removing lead-based
paints? however, the conventional lead paint removal techniques
currently available are not totally effective and may exacerbate
the lead problem by dispersing lead-containing particles
throughout the residence. Newer, more effective abatement methods
which may be used for lead removal include:

• Peel Away - This consists of a caustic paste that
is covered with a plastic film (calcium, magnesium,
and sodium hydroxide). This paint removal
system can be used on wood, metal, stone and
brick, flat and irregular surfaces. It should
be noted that in a demonstration project conducted
in Baltimore, waste water from the peel away
process was found to have a lead content greater
than 66 ppm, which was well in excess of the EP
toxicity limit of 5 ppm.

• Off-Site Dipping - Wood trim, -oodwork, >nd doors
are stripped of paint in enclosed chemical tanks
containing methylene chloride. When used for
this purpose, spent methylene cnloriie is a
listed hazardous wast*.

• High Efficiency Particle Accumulator (HEPA) Sander -
This is a power disk sander that attaches to a ~~*
HEPA vacuum to trap debris. It is used on flat
surfaces only. This method would generate a
dust which could, depending upon the lead content,
fail the EP Toxicity Test.

>laeement - Removal and replacement of wood trim
old windows with n«w materials. All of the
painted wood products from the residence should
be sampled and the EP performed on the wood
samples.

In any of the above methods, if the extractable lead
exceeds 5 ppm in the waste, then it is a hazardous waste. If
the household waste exclusion does not apply then the wastes
must be handled and disposed of in accordance with the requirements
of 40 CFR Parts 262, 263, and 264, 265 and 270 as appropriate.
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COKTAMIKATED SOILS

In addition to painted surfaces, the soils immediately
adjacent to residences may have high concentrations of lead,
due to the lead being leached from the exterior of the structure
as the paint weathers and ages. For example, in a study of lead
concentration in Orbana, Illinois, concentrations of the lead
in the soil were found to range from 132 to 11,760 ppm adjacent
to and 240 to 6,640 ppm away from the houses.

Whether or not "contaminated" soils are considered
hazardous wastes depends upon whether or not they are 1) removed
and transported off-site or left in place, and 2) exceed the lead
toxicity limit of S ppm.

If the contaminated soil is removed for off-site disposal,
it must be evaluated against the characteristics to determine
whether or not the soils are hazardous. If the soils fail the
existing EP toxicity characteristic, then they must be taken
to a RCRA Subtitle C facility. In the case of CERCLA sites
such soils must be taken to a RCRA ficility which is in
compliance with CERCLA requirements for off-site disposal.
(See OSWER Directive number 9834.11 "Revised Procedures for
Planning and Implementing off-site Response Actions;
November 13, 1987.)

The reouirements for on-site treatment of lead-contaninated
residential soils, which may seldom b« practical, differs for
CERCLA and RCRA sites. For CERCLA sites, such on-site treatment
can be performed without a permit being required. However,
for on-site treatment at RCRA sites, a permit is required
unless treatment i» performed in tanks or containers in compli-
ance with Section 262.34. It should be noted that any on-site
treatment must consider the requirements of the individual
states in question, which may be more stringent that Federal
requirements.

In the case of soil left on site, the property owner
will not normally be required to determine whether the soil is
a hazardous waste. For soils that are left in place, EPA or
the appropriate state agency should set clean-up levels that
will ensure that the site will not pose a hazard when returned
to normal residential use. I know that the CERCLA program often
makes such determinations. For your information, described below
is the procedure OSW plans to provide in the RCRA Clean Closure
and RFl" Guidance Manuals for determining when contaminated
soils may safely be left in place and the site returned to
residential use. we have had a number of discussions with your
staff and we think that there is a general agreement on this
approach.
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There are two approaches which should be used in making a
determination if further soil removal is required. The first
is to look at health-based concentration limits in surface
soils; the second is an acid precipitation leach test (method
1312 in SW-846).

The health-based limits should be used to determine how
much contaminated soil will have to be removed. The RCRA, Clean
Closure and RFI guidance Manuals provide direction on the appropri
ate health-based levels to use. Excavation would terminate at
the point where soil no longer exceeds the health-based concen-
tration limits.

At that point, method 1312 should be run on soil samples
to determine the threat, if any, that might be posed by
remaining residual contaminants leaching into ground water.
For testing for lead, a pH of 4.2 should be used. In the
absence of better numbers, the 5 ppm threshold used for the EP
should be the limit for method 1312 as well. Since method 1312
is new, no data on its use is available. Once such data are
available, the ppa liait may be revised.

The removed soil should be tested again*-, the EP after
removal to see if it fails the 5 ppm liait. If so, it must be
sent to a Subtitle C facility. If it does not fail, it can be
sent to a Subtitle D facility.

If you have any questions pertaining to the above, please
do not hesitate to contact Jerry Coalgat* of «y staff.

Attachment
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9443.1987(19
SEP I 4 1987
Mr. Stuart J. Gock
'nvironmental Coordinator
Printinq Developments, Inc.
2010 Indiana Street
nacine, wi 53405

o*ar Mr. Gock:

The following information is being provided in response to
your letter of April 6, 1*8?, regarding the definition of aqueous
as used in the Corrosivity Characteristic, 40 CPR Part 261.22UH1)

AS you are aware, the corrosivity characteristic does not
soecifically define what constitutes an aqueous waste. However,
we nave developed guidance in defining the tera 'aqueous.* In
oarticular, we consider a waste to be aqueous if it has a liauid
phase containing more than SO percent water.* (See attached letter
from Or. John Skinner, Director of the Office of Solid waste, on
»ebruarv 26, 1945.) This position is currently in effect and you
should use the 50 oercent water cut-off as a basis for evaluating
whether or not to test your wastes for corrosivity.

I should point out that we are considering reviewing this
oosition, as well as the need for a regulatory definition of
aoueous waste. Therefore, you should be aware that a regulatory
definition of aqueous way be proposed at some point in the
future.

If you have any additional Questions, please do not hesitate
to contact me.

Sincerely,
Robert Scarberry, Acting Chief
waste Characterization Branch

Attachment
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34 41.195
RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

SEPTEMBER 67
3. Waste Identification

A company generates aerosol paint and solvent cans fron
painting and cleaning operations. The cans are empty as
per common industry practices used to empty such devices
to less than 3% by weight of the total capacity of the
container (40 CFR 261.7(b)(1(i) & (111)). The'cans nay
still contain propeliant, making the cans reactive if
put in contact with a strong initiating force .

Source: Mike Petruska (202) 475-6676
Research: Andy O'Hare
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UNITED STATES EN VIRONMENTAL PROTECTION AGENCY 9 4 4 3 . 19 8 ^ ( 1'

WASHINGTON. B.C. 204«0
ALJ6 I 8987
^^
SOWIO WASTE ANO f MCHCINCY
Mr. Kevin T. Rookstool
Mineral By-Products, Inc.
240 West Elmwood Drive
Suite 2011
Dayton, OH 45459

Dear Mr. RookstooIt

This is in response to your letter of May 20, 1987, in which

you asked whether the characteristic of corrosivity, as discussed

in 40 CFR 261.22, applies only to those wastes which are 'aqueous

and or liquid. Section 261.22 presently applies only to aqueous

and liquid wastes, unless and until EPA promulgate* a definition

of corrosivity for solids. The Agency has no plans to do this at

the present time.

Sincerely*
Matthew A. Straus* Chief
Waste Characterization Branch
cct David Friedman
filomena Chau
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\

I UNITED STATES ENVIRONMENTAL PROTECTION AGE!
y WASHINGTON. O.C. 204CO
51987 0..ICI0.
SOLID KVASTC A*0 CMCUCCSCv «ES
Honorable Dan Quayle
United States Senator
46 East Ohio Street
Room 447
Indianapolis, Indiana 46204

Dear Senator Quayle:

The purpose of this letter is to respond to the concern
of your constituent, Mr. Gregory A. Smith, regarding the
disposal of used railroad crossties that are treated with
creosote.

At the present time, there are no regulations under the
Resource Conservation and Recovery Act (RCRA) controlling
the disposal of ties treated with creosote. However, any
commercial facility that plans future disposal of these ties
should be aware that the Agency has proposed regulating any
wastes under RCRA which fail a Toxicity Characteristic Leaching
Procedure (TCLP) for many of the toxic constituents found in
creosote. A copy of this proposed regulation may be found in
the June 13, 1986, issue of the Federal Register (Volume 51,
page 21648). I have enclosed a copy for your information.

Guidance for the proper disposal of treated wood products
has also been issued by the Agency's Office of Pesticide
Programs in the January 10, 1986, Federal Register (Volume 51,
Page 1334). This guidance statest

•Wood which has been treated with [creosote]
should be disposed of by burial or ordinary
trash collection. Do not burn treated wood
in an outdoor fire or in stoves or fireplaces
because toxic chemicals may be produced as
part of the smoke or ashes."
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We hope this information will be useful, we recommend
that appropriate State agencies also be contacted regarding
other licensing and regulatory statutes. if i can be of any
further assistance, please let me know.

Sincerely,
J. Winston Porter
Assistant Administrator
Enclosure
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APR i 6
Mr. David L. Bung*
Kemron
2OO Putnam Street
Marietta* OH 45750

Dear Mr. Bumgarmers

This brief not* will respond to your latter of inquiry to
David Friedman regarding the interpretation of the Characteristic
of Ignitability, 40 CPU Fart 261.21.

Your question* are repeated below with the appropriate
responses

o We have observed apparent flashes on solvent mixtures
whose composition would imply they are nonflammable*
i.e.* 99% Freon 113 mixtures containing trees levels of
cyelohexane. The flashes occur at low temperature (20*
<- 40*C) and are usually not reproducible on the same
aliquot* Should these initial flashes be reported as
true Flash Points for ftCMt characterisation?

Tes* according to the present regulations.

o Many solvent mixtures* including Freon 113* boil at
temperatures b«low €0*C and cannot be properly evaluated
by Fensky-Martens. How should such XCRA data be reported
to agencies and other clients?
Only tteee liquids that flash are considered ignitable.

Many clients request Flash Point data for soils and
other solid materials. They indicate that waste haulers
or state) or Federal agencies ars requiring such data.
EPA have * standard policy on this matter?
test methods (40 CFH Fart 2C1.21) are designed
for liquids only. At the present time there ars no
suitable, validated procedures for determining the
ignitability characteristic of solid (non-liquid)
We hop* these answers are sufficient for your use. if you
have additional questions please fsal free to call us*

Sincerely,
Florence M. Richardson
Chsmist* Methods Section
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9441.1986 (14)-
FEB.
Mr. Christian Volz Lsg.
KcKenr.a. Conner, and Cuneo
1575 Eye Street
Washington, D.C- 20460

Dear Mr. Volz

This in response to your letter dated January 9. 1986, in
which you request an interpretation of the hazardous waste rules
rt-cjardinq the regulatory status of the Torpedo Propulsion Units
that ar« shipped for recycling to the San Tan facility ot the
Garrott Pneumatic Systfins Division (GPSD). As ws understand
the process/ GPSD designs, nanufacturps. and supplies to the
Honoywell Unatrseas Division the afterbody of the UK 50 Torpedo.
Contained in the afterbody of the torpedo is a chemical energy -
propulsion systen (referred to as the "boiler") that generates
the thermal energy used to propel the torpedo. (Keat for the
Process is caused by a chemical reaction between two reactive
compounds — lithium and sulphur hexafluoridt.)

After a torpedo has boon run and tested, it is disassembled
and the boiler (as well as other conponets) is shipped back
to GPSD's San Tan facility for reuse. Before the boiler can.be
reused, however, it must be cleaned to renove any unreacted
chemicals and the residues lett by those chemicals that did
react. This cleaning operation appears to be carried out in
two steps:

* the boiler is first flushed with a mixture ot water and .
ethylene glycol this mixture reacts with any unreacted
lithium F.etel to form lithiun hydroxide in an aqueous
solution. These rinsewaters may be corrosive wht-n it
leaves the boiler. The rinsewater is collected in a
surap, iron which it is then pumped into a 10,000 gallon
holding tank. As the rinsewater is purtped out of the
sump, sulfuric acid is added in line through an educator
and nixed to neutralize the excess alkalinity in the
rinsewater as well as convert the lithium hydroxide in
the rinsewater to lithiun sulfide; at thie point, the
rinsewater no longer is corrosive nor does it exhibit
any other hazardous waste characteristics. The lithiun
sulfide settles.out in the holding tank. After a sutficivnt
amount has settled out, the materiel will be filtered and
-------
s<-nt to a rorinery of lithiun ore for use in its orocess.
You indicate that the- lithiun sulfide do^s not exhibit
any of the hazardous waste characteristics.

* any remaining lithium salts (i.e., products of the reaction
when the torpedo is run) are then removed with a high-vc-loci
water jet. The lithiun salts are collected and placed
in druns for eventual return to a refiner of lithium ore.
iou also indicate that the lithiun salts also do not
exhibit any or the hazardous waste characteristics.

Based on this recycling process, you believe that the used boilers
(and the used torpedoes and afterbodies ot which the boilers are
apart) are not subject to the hazardous waste regulations, cither
at'the.Federal or State level.

As you arc aware, on January 4, 1985, EPA promulgated its
final rules dealing with the question of which materials ar^
solid and hazardous wastes when they are recycled. Among other
things, these rules state that materials that are directly used/
reused are not solfd wastes. See 40 CFR 261.2(e). Although
the boilers are shipped to the San Ian facility to be reused,
the boilers must be regenerated before they can be- reused
(i•__• e«• they must be decontaminated before being reused). Since
the-cc boilers would be defined as scrap netal, these boilers
would b» defined as solid and hazardous wastes when rftclairceu. I/
See 40 CfR 2G1.2 (c)(3). However, hazardous scrap notal
that is recycled is currently exempt from regulation. See 40
CFR 261.6(a)(3){iv). Therefore, th« transportation and storage
of the boilers prior to processing is exempt front the hazardous
waste regulations..?./

With regard to the cleaning operation, these activities
generate materials that also need to be evaluated with rcoarc to
their regulatory status. The lithiun salts that are removed
tron the boiler with the high-velocity water jet would not be
subioct to Subtitle C control since these salts arc not hazardous.
The other rinsate (i.e., ethylene glycol/water mixture), however,
is hazardous (or nay be hazardous) when first generated am1, may
be subject to the hazardous waste rules.

In particular* this rinsing solution is placed in a sump
prior to neutralization. While we agree with you that the
neutraliration of this rinscwater is exempt fron regulation and
I/ This assumes, of course, that the boilers exhibit one or ror«
of the hazardous waste characteristics.

?/ This interpretation represents tho regulatory status of these
toilers under the- Federal re-nulations anu not necessarily
ur.sv.-r St?tc lav:. !!ox/evor, since the fian Tan iacility is on
Incien iancis, the federal regulations would apply in this cz.?.
-------
the handling of this material after neutralization is also exempt
Iron regulation (since tne rinsewater is no longer hazardous) ,
the regulatory status of the rinsewater in the sump is still
at issue. Mor* specifically/ in November, 1980, EPA exempted
trom regulation those wastewaters that are stored/treated in
tanks; however, this exemption only applies if the tanks are
part of a wastewater treatment system that are subject to
regulation under either Section 402 or Section 307{b) of the
Clean Water Act (CV.'A). Therefore, it the sump (which I assume
would be defined as a tan*) is part of a wastewater treatment
systen that is subject to regulation under the CKA, the storage
ot the hazardous rinsewater would be exenpt fron regulation.
If, however, the sur.p is not part of a wastewater treatment
system that is subject to regulation under the CWA, the sump
holding the hazardous rinsewater would be subject to the appropriate
standards (i.._e_- , the sump would be subject to 40 CFR 262.34 or
40 CFR Parts 264 and 265). It should be noted that if the sump
is not a tank, but rather a surface impoundment, the sump would
b«» subject to regulation no natter whether this unit is part ot
a wastewater treatment facility that is subject to regulation
under the CWA. See 40 CFR Parts 260.10 (definition of wastewater
treatment unit and tank) and 264. Kg) (6) for specific regulatory
language.

I hope this letter adequately responds to your request.
Please teel free to contact Mr. Matthew A. Straus, of my start"*
if you have any other questions; Mr* Straus can be reached at
(202) 475-8551.

Sincerely yours,
Marcia Williams
Director
Office ot Solid Waste
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9443.1985(04}
JUL16S85
Mr. Terry L.
Manager, Environmental
Conoco Incorporated
P. O. Box 2197
iston, Texas 772S2
Dear Mr.

Z am writing to clarify several aspects of the £*4fide
reactivity characteristic that you asked about in yore letter of
June 24, IMS.

At prssent, there is no approved test method for determining
whether a vesta exhibits the characteristic of reactivity. 1
have enclosed a draft of a test method for determiai*? ?ot&i
Available salfide. Work currently being done on the agitation
and waste introduction stepe may result in significant changes in
the subsequent proposed test. However, pending the erasiusios of
our investigations, we recommend, and will accept, utc of this
draft procedure. While threshold concentrations have not yet
been promulgated by the Agency, we have adopted 500 x?/Kg Total
Available lulfide as an interim action level. We consider any
wasts that yields sulfide values at or above the action level,
using the draft procedure, to be hazardous.

Ths 500 mg/Kg action threshold was arrived at by considering
a scenario in which a trucxload of waste is discharged into a pit
otmttlnimt (nnn liaiiriVniill acidic waste. As a result of ths
reaction. e£ the waste with the acid, a rapid, high level release
of tos*s)3mmm ensues. The objective of the characteristic is to
identlMemVjee wastes which, if such an activity were to take
place, ffB0* a hazard to thoee persons in the general vicinity of
the disposal sits. While we have considered dispersion in arriving
at the action threshold, the specific dispersion model that will
be used in the upcoming proposal is still under development.

Ground water monitoring of all wastewater treatment lagoons
containing hazardous wastes, is required including those containing
only reactive wastes. The only exemption from ground water
monitoring that is defined by ths ftCXA regulations is in ths
case of neutralization ponds receiving wastes hazardous only by
reason of corrosivity (|2€S.90(s».
-------
is*?-
is necessary because th« Agency is not.
>v which can assure that such wastes will
CRe»icals which pose a hazard to ground
* v«st« is not liatad or do«« not exhibit
of Extraction Procedure Toxicity do«« not
of l«*ch*bl« toxic spcci** in th* w»at«.
If you have further questions concerning the reactivity
characteristic please contact David Friedman (202/382-4770) of
the Methods Program* For information on the regulatory
requirements pertaining to ground water monitoring, contact
Bobert April (202/475-4860) in the Ground Water Program.

Sincerely yours*
John H. Skinner
Director
Office of Solid Wait*
beet Claussen
Lehaan
Meddle
Coreon
Shuster
Friedman
April
Hotline
Region VZ
WH-562B/DFRJED«AH/«araaret/r» SZ248/382-4770/7-3-85
CONTROL OftW-llf Dae Date 7/8/85 Disks DFBs48
\
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1985(02)

FE3 2 6
Mr. Kevin J. Walter
Bureau of Technical Services
Division of environmental ftnfereement
Department of Environmental Conservation
State of N*v York
50 Wolf Road
Albany, New York 12233-0001

Dear Mr. Waltert

Z aa writing in response to your recent letter requesting
clarification of the definition of the characterintic of iinit-
ability for hazardous wastes*

Your understanding that the word* *lt is a liquid, other
than an aqueous solution containing less than 24 percent alcohol
by volume* were intended to exclude alcoholic beverages, such a*
wine, and non-liquid Materials is correct* However, while the
Agency*s intent was that this exemption apply to potable beverages
only, because the term •alcohol* was used instead of "ethanol,*
all aqueous wastes which are iqnitable only because they contain
alcohols (here using the terss alcohol to mean any chemical containing
the hydroxyl I-OH] functional group) are excluded from regulation.

While the Agency completes the process of officially ad opt inn
a method for identifying *free liquids,* for use in the'I»rv1
disposal regulations, it is our current practice to employ Method
9095 (see *Test Methods for Evaluating Solid w«»te, sw»«54«") for
such purposes* Any Material passing through the paint filter is
deemed to be a liquid*

with respect to what constitutes an * aqueous solution,*
such a solution in one in which water is th* primary component.
This means that water constitutes at least %fl p*rc*nt by
weight of the sample. Although, we have not officially appro***
any test Methods for determining a waste's water content, »nv
competent laboratory should be able to wake such a determination
using standard techniques (e.g., Karl Fisher titration, (V!).

we share your concern over the ambiguities in the current
ignitability definition and have a proqra* underway to correct
the characteristic's shortcomings. Specifically, changes are
under development to replace the alcoholic solution exclusion
-------
- 2 -
with • generic •xclu«ion for those wastes which, while po*s*>*sing
a flash point below 60*C, neither continue to burn nor, if they
do burn, release enough energy to cause a major firft. In addition,
steps are being taken to expand the ignitability characteristic
to include wastes which are physical solids. Both of these
changes will involve proposal and promulgation of specific
definitional test Methods and thresholds.

I nope this information clears up any questions you may
have about the ignitability characteristic. If you have any
further questions concerning any of the hazardous waste
characteristics, please contact David Friedman, of *«y staff, af.
202-382-4770.

Sincerely yours.
John H. Skinner
Director
Office of Solid Waste
bcc: G. A. Lucsro, vti-527
A. corson

K"J5l25d «..« Br.nch ChM.
Hotlins
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9443.1984(10)
30NOV1984
Classification ot S^all Arms Ammunition
With Respect to Reactivity . -- •
*.
John H. Skinner, Director
Office of Solid Waste (W9-5S2)

TO: David Wagoner, Director
Air & Wasto Management Division
Region VIIT

Recently, a'question arose as to the status under V!T\ of
off-specification snail arms ammunition (ball or sporting
ammunition of calibers up to and including 0.50) intended for
disposal. Th« issue concerned whether such wastes are "reactive
wastes" within the meaning of 40 CPR 261.23(a)(<) and, therefor*,
subject to RCRA hazardous waste requirements, because the
amunition contains »n ignition source that may be shock and 'heat
sensitive and is designed to generate high pressure during u*s, it.
had been our opinion that it in probably 'reactive.* However, on
the basis of information that was received from the Remington
Anas Company and tho Army, we now conclude that such material**
are not 'reactive* within the meaning of 40 CPR 261.23 (a)(6).

Section 261.23 (a)(6) of Title 40 provides th*t a solid
waste which is "capable of detonation or explosive reaction if it
is subjected to a fttrong initiating source or if he a tori under
confinement* is 'reactive." As discussed in the Hay 1*, 1»*»,
preamble to 40 CPR 2*1.23, nhocfc and thermal instability are
important elements of this definition. While presently there i«
no Agency guidance regarding these criteria, the Remington Am*
Company of Independence* Missouri, and the U.S. Army have provided
information which addresses both of these factors.

Remington Arms Company submitted- detail* on the effects of
heat and impact to small aims ammunition. There waft no explosion
when a box of ara-»unrtion was set afire, small «r»««, when subjected
to the SAAMX (Sporting Am« and Ammunition Manufacturer's Institute.)
Impact Test, showed no evidence of mass propagation or explosion.
-------
,1,
•V
• t

The Department of the Army has a rigorous safety and hazard .j^^vT
testing program on .all munition items. The tests, which include,*•••^••^^
drop tests from 5," 7, and 40 feet to simulate handling errors -:/ .*V'V£.^
and "heating under confinement," 160*F for 4* hours, also
As noted above, we feel .that results from those tests show
that off-specification small caliber ammunition up to and including .
0.50 is not "reactive" wi'thin the meaning of 40 CFR <2«1.23 («)
We, therefore, believe that the .disposal of such ammunition is
subject to Subtitle C hazardous waste requirements. " .'•'.; ^". -?•
*•«.-" * •• - * i• ' *^
• ••*, • • • "'"'-. .•"•*•*
We appreciate your'cooperation. If you have any questions'" '•'•*•'?/;
regarding the matter, please call David Friedman or Florence Richardson
at FTS 382-4770. - • - "** -" : .•:..'''."• v.-:
. — f
• . . •• - »*w
»•..«. - vr
;•*„
•-*•.•». -< vv.
-. . » .», . -.- -
«i -
-' • v"-
s'^.-r
"-. .-- -->v-
-• ?
•I-
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9443.1984(09)
'.' - • 'it* Baroid
c'i'" I NL Industries, Inc.
\ Mr. W. a. Yancey
P.O. HOX 167S
Houston, TX 77251

Dear Mr. Yancey:

I an glad to clarify the issues of hazardous waste
identification you raised in your letter dated November 15, 1934.

First, you .asked if physically solid forms of sodiun hydroxid*
and potassium hydroxide (granular or pellets) are currently
regulated as HCRA corrosive hazardous waste. The answer is no.
Title 40 CFR S261.22(a) defines corrosivity for aqueous solutions
within given pH ranges and for liquids that corrode steel faster
than a quarter of an inch per year under specified test conditions.
Tho Hay 19, 1980, preamble, 45 PR 33109 states:

"...there is no demonstrated need to address corrosive
solids at this time. EPA will, however, continue to
see* information on the dangers presented by these wastes
and will consider specific regulatory measures if the .
need for more control becomes apparent.*

At this time, the Agency is developing a test protocol to
evaluate the leachability of solid-phase corrosives. Further-
more, the new RCRA amendment* direct EPA to minimize effects
of hazardous waste on human health and the environment. So
you can see that the status of corrosive solids may be subject
to cnango in the future.

Socond, you wondered if products that contain preservatives
•15* listed in 40 CFR 5261.33(f) are subject to regulation as
RCRA hazardous waste* In particular, you asked __
that has been treate* "^tfi •rr-*'Hitiy1-' ,tt"ir comaent
after «iJ t?R $i6i.»ia) explains that commercial chemical products
are manufactured for commercial use and are commercially pure or
technical grades or formulations in which the chemical is the
sole active ingredient* The comment also says that a waste that
contains a chemical listed in S«2S1.33(e) or (f) is only a RCRA
waste if the waste is listed in $5261.31 or 261.32 or if the
-------
waste * *"_TMS3rf;cu3 "Y cnara,c, EenstjCT -n-i«.ru--T -, •<-) in «361-30 tO^
,24 .( The comment is in Brackets and thus is not
regulations, Out it conveys tho intended meaning of the definition"
of commercial chemical products. Thus, the potato starch, when
a waste whether it is used or not, does not contain a commercial
chemical product, since the formaldehyde has already been used
in the mixture as a preservative. Furthermore, there are no
listed potato starch waste streams. You should determine whether
or not the potato starch meets the criteria for ignitability,
corrosivity, reactivity, or EP toxicity. In any case, the starch
is not a hazardous waste by the mixture rule. .. '•-•.'

Third, as you know, 40 CFR 5261.23(a)(5) does not specify
the amount of cyanides or sulfides that would identify a waste
as reactive. Presently, EPA is in the process of developing
test protocols to quantify the reactive characteristic for
cyanides and sulfi'des. In the meantime, the enclosed regulatory
interpretive letter, RIL 42, outlines tho Agency's suggested •., -;.
guidelines. Below 10 ppm, the waste will not be considered
reactive, and above 200 ppn, it will be considered reactive
unless the generator can show why it is not. Between 10 and 200 ;-
ppm, the decision will be based on the potential releasibility '"-'••'.
of HjS or HCN on a case-by-case basis. . \ . •;'- -.-.*.

All but about seven States and three territories have programs.
that operate in lieu of the Federal RCRA program, and eight of
these programs have received full'authorisation.' When a State v. -
has been granted authority to operate.the RCRA program, you are • - .-
subject to. the State regulations which nay be slightly different.: .
The RCRA/Superfund Hotline at (800)424-9346 can send you a "copy "
of the State hazardous waste agency, addresses and phone'numbers *,- ;
if you need it. . * . : *• •:>/-:.«: "^.- .;"".*. >. .*.>"» •-"•• '

If you wish to discuss these questions'further, please do -..'
hot hesitate to call «• *fcv(202)3t2*4804..-.*.'.. "/ •' - . ...--"

Sincerely yours, - • • "' .
Irene S. Homer
Studies and Methods Branch
Attachment
-------
9443.1984(08
NO/ 2 3 *s
o
N>
Mr. Donald Dean
Environmental Manager
Imperial Manufacturing Company
Underwood Avenue
P.O. Box 280
Plattsourgh, N.Y. 12901

Dear Mr. Deans

This letter responds to your inquiry of November 9, 1934,
regarding tna correct designation for waste ink and solvent
mixtures generated from printing facilities.

First, waste inks containing solvents are not listed hazardous
wastei however, these inks are considered hazardous wastes if they
exhibit one or aore of the characteristics of hazardous waste
(i.e., ignitabillty, reactivity, EP toxicity and corrosivity).
In your particular case, waste ink containing HEX, MIBK, toluene,
xylene, and acetone will probably exhibit ignitability. Should
this be the case, these wastes are doomed hazardous waste and,
as such, should be designated as EPA Hazardous Waste Number 0001.
*
Solvent mixtures froa the cleaning of punps, lines and
tanks, as described in your letter, are not currently covered by
the solvent listings in 40 CFR 251.31. Therefore, they are
hazardous waste only if they also exhibit one or more of the
characteristics of hazardous waste. Within the next few months,
the Agoncy will propose to amend the listing to include certain
solvent aixtures. Thus* many of these solvents will be brought
under Subtitle C control,

If your waste management activities.occur in a State that
has been authorized under RCRA, then the State rules, rather than
the Federal rules, apply.

we recommend that you consult with the appropriate States
to determine whetheV they interpret their listing as covering
solvent mixtures. Agency data indicate that New York State
-------
interprets their listing as applying to advent mixtures as well
as single solvents. In addition, it is vitnin the authorized
State's discretion to determine the appropriate classification
for wastes that are both listed and exhibit a characteristic.

Should you have questions, or require additional information,
please contact Jacqueline Sales, of my staff, at (202)

Sincerely,
Eileen Claussen
Characterization and Aasessaent Division
Office of Solid waste
^ ""*
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T
9441.1984(32)
NGV .7 1964 J.
e-
s;
Mr. Stephen S. Odojewski £
waste Resource Associates, Inc. s
2576 Seneca Avenue *
Niagara Falls, Mew York 14305 • ^
Ql
Dear Mr. Odojewski: ^
a
This letter reponds to your September 18, 1984 request for ~
clarification of the RCRA regulations tha.t apply to wastes that are £
only hazardous on the basis of a characteristic. ' . ^
w
If a was to th-at is hazardous because of a characteristic is not 5
a listed waste, then 40 CFR 261 ,3( a) ( 2) ( i) says it is not a hazardous JL
waste wnen it no longer meets that characteristic. Your under- ~-i
standing of 40 CFR 261. 3{c) ( 2) and 261.3(d)(l) is correct in saying r
that this treated waste residue is no longer hazardous when it no
longer is hazardous by characteristic. The treatment itself may or
may not require a RCRA facility permit, depending on if the treatment <-•
is subject to regulation. Exceptions to treatment can generally =
DC found in §264. l(g). *

On tha other hand, some wastes are listed solely because of a X
characteristic, such as F003 ( ignitables) . In this case the waste is £.
no longer hazardous when it is mixed with solid waste and the mixture
does not exhibit any characteristic according to 5261. 3(a) (2) (iii) . =
On the other hand, if a waste like F003 is not mixed with solid £
waste during treatment, 40 CFR 261.3(c){2) and 261.3(d)(2) says the Q
treatment residue remains a listed waste until the waste has been >
excluded under SS260.20 and 260.22. Specifically, 40 CFR 260.22(c) c
requires a "delisting" petition to demonstrate that the waste no ^7
longer meets the characteristic criteria* ~
G*
I do want to point out that all but 7 States and 3 territories
have programs that operate in lieu of the Federal RCRA program —
and 8 of these programs have received full authorization. When a
State has been granted authority to operate the RCRA program, you
are subject to the S-tate regulations which nay have a slightly
different viewpoint. The RCRA/Superfund Hotline at 800-424-934S
¥891 AON
-------
can send you a copy of the State hazardous waste agency addresses
and phone numoers if you need it.

• In most cases, characteristic wastes would no longer be a RC?A
hazardous waste when they no longer exhibit the characteristic/ except
as previously mentioned. Please do not hesitate to contact me
again if I may be of further assistance.

Sincerely,•
Alan S. Corson
Chief •
Studies and Methods Branch
-------
9443.1984(0
MEMORANDUM

SUBJECT: Status of Blasting Caps as Reactive Wastes

PROM: John Skinner, Director
Otfice of Solid Waste
-------
RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

AUGUST 84

9443.1984(06)
An aqueous wtste containing snail amounts of an organic
coopound flashes in a Pensky-Martens Closed Cup Tester.
Is this waste RGtt ignitable or is it excluded- fro* that
definition because it 'contains less tnan 24S'«lcohol?"
The waste has no alcohol in it.

If an aqueous waste contains no alcohol, it is not excluded
fro* the definition of ignitable as is wine or latex paint.
Hence, If the flashpoint is less than 140*F, the aqueous
waste 1s deemed icnltable. EPA is working on developing
a test for such wastes to determine if they would sustain
coooustion or on I/ flash in the Closed Cu£ Tester.

Source: Florence Richardson
Research: Oenise Wright
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON. O.C. 204*0
MAR 7
of
^. ,
Mr. Dick Bruner
Executive Director
Technical and Logistics Services (DLA-S)
Defense Logistics Agency
Cameron Station
Alexandria, Virginia 22314

Dear Mr. Bruner:

This letter is in response to a number of requests made
by the Department of Defense ( DOD) for guidance from the
Environmental Protection Agency (EPA) on the regulatory status
of spent and/or discarded lithium-sulfur dioxide (Li/SC>2)
batteries.

EPA recognizes that the Department of Defense has done
extensive work in assessing the hazards posed by lithium
batteries!/ and in developing procedures for managing spent or
discarded Li/SC>2 cells. In fact, DOD currently considers
these batteries to be hazardous wastes for management purposes.
Consequently, the purpose of this letter is simply to render
an Agency opinion as to whether lithium batteries are hazardous
wastes under the rules promulgated pursuant to the Resource
Conservation and Recovery Act of 1976 (RCRA), and to clarify
the application of those rules to the management ( i .e . , disposal)
of lithium batteries.
The term 'lithium batteries' as used in this letter applies
only to those batteries or cells commonly referred to as lithium-
sulfur dioxide batteries. Ac this time* EPA does not have
sufficient information to mak« a blanket determination as to
whether lithium batteries using other cathode materials (i.e.,
thionyl chloride (SOCl2)» polycarbon mo nofluoride ((CF)X),
manganese dioxide (MnO2), iodine (I), silver oxide (Ag2O),
silver chr ornate (Ag2CrO4), vanadium pent oxide (V2C>5), iron
sulfide (FeS), copper oxide (CuO), and lead bismuthate (Bi2Pb2O5))
exhibit the characteristic of reactivity. Consequently, handlers
of these lithium batteries must evaluate them against the reactivity
characteristic identified in $261.23 as well as the other hazardous
waste characteristics to determine if the batteries should be
handled as hazardous wastes.
-------
Based on a careful review of the available data and
information, EPA has concluded that lithium-sulfur dioxide
batteries clearly exhibit the characteristic of reactivity as
defined in 40 CFR 261.23. Handlers of these wastes must,
therefore, comply with all applicable standards under 40 CFR
Parts 262 to 266, and 124, 270, and 271. Under these standards,
the land disposal of reactive waste is prohibited unless the
waste is treated or otherwise rendered non-reactive. (See
SS264.312 and 265.312).

Under 40 CFR 261.23, a solid waste is considered to
be reactive if a representative sample of the waste has any
of the following properties:

(1) It is normally unstable and readily undergoes violent
change without detonating.

(2) It reacts violently with water.

(3) It forms potentially explosive mixtures with water.

(4) When mixed with water, it generates toxic gases, vapors,
or fumes in a quantity sufficient to present a danger to
human health or the environment.

(S) It is a-cyanide or sulfide bearing waste which, when
exposed to pH conditions between 2 and 12.5, can generate
toxic gases, vapors, or fumes in a quantity sufficient to
present a danger to human health or the environment.

(6) It is capable of detonation or explosive reaction if it
is subjected to a strong initiating source or if heated under
confinement.

(7) It is readily capable of detonation or explosive
decomposition or reaction at standard temperature and pressure.

(8) It it a forbiudeti explosive ss defined in 49 CFR 173.53
or a Class 3 explosive as defined in 49 CPR 173.88.

The lithium in U/SO2 cells will form potentially explosive
hydrogen gas when mixed with water ($261.23(a)(3))r and Li/SO2
calls ara capable of violant rupture or reaction if subjected to
a strong initiating source or if heated undar confinement
(S261.23(a)(6)). However, of primary concern is the potential,
undar existing management practices, for components of the batteries
to generate toxic gases, vapors, or fumes in a quantity sufficient
to present a danger to human health or the environment when those
components are nixed with water or exposed to certain pB conditions
($261.23(a)(4) and (a)(5)).
-------
A review of the existing literature clearly indicates that
Li/S02 batteries are capable of violent reaction if mishandled
by being exposed to a strong initiating source or heated under
confinement. Incidents of violent cell ruptures, particularly
of cells of the unbalanced design, have been documented in
laboratory abuse tests and under actual field conditions.
Although newer designs of Li/SO2 batteries incorporate a number
of safety features that reduce their explosive potential in most
circumstances, forced discharge below zero volts, penetration,
or heating in a confined area may still cause vented batteries
to violently rupture.

Lithium-sulfur dioxide batteries typically contain strips
of lithium metal as the anode as well as a non-aqueous electrolyte
consisting primarily of sulfur dioxide (SO2> and smaller concen-
trations of acetonitrile (CH3CN) and a lithium salt, typically
lithium bromide (LiBr). Lithium is known to react with water to
produce potentially explosive hydrogen gas. Although lithium
battery cells are constructed such that their reactive components
do not ordinarily come into contact with water under normal
operating conditions, if placed in a landfill, or otherwise
improperly managed, these batteries will eventually corrode and
allow their reactive constituents to COB* into contact with water.
The reactive nature of lithium is of particular concern since
substantial quantities of partially discharged cells or cells of
the unbalanced, or excess lithium type, are often disposed of
together. The Agency believes that under existing management
practices* (i.e., storage in drums or disposal of batteries in
drums), potentially explosive concentrations of hydrogen gas
might reasonably be expected to occur (261.23(ft)(2)).

The Ag«ncy also believes that the-practice of accumulating
large quantities of Li/502 batteries could result in concentrations
of toxic gases, vapors, or- funs-s in sufficient concentration to
present a danger to human health or the environment. As mentioned
previously, newer lithium-battery.cells are designed to automati-
cally vent SO2 and other components to the air to minimize the
possibility of explosion due to pressure when the calls are
ex no sod to external heat or short-circuiting. During oparations
such as collection, processing, and disposal, the batteries may
ba exposed to mechanical shock, short circuiting, immersion in
water or penetration. These operations are likely to causa
calls to rupture and/or vent their reactive materials in potentially
dangerous concentrations if venting or rupture occurs in a confined
area or if significant numbers of cells are involved. Sulfur
dioxide is a strong irritant and is capable of causing incapacitation
at concentrations above SO ppm and has proven to be life-threatening
at concentrations of 400-500 ppm. In addition, acetonitrile (CH3CN)
-------
will decompose to form toxic cyanide fumes when heated. Lithium
also reacts with acetonitrile to produce lithium cyanide (LiCN),
which in turn can react with weak acids to produce toxic hydrocyanic
gas. Potentially dangerous concentrations of these, as well as
other toxic fumes and vapors, may, therefore, be expected to
result if the reactive components of these batteries are exposed
to water or acidic conditions during collection, processing, or
disposal operations.

The inherently reactive nature of lithium-sulfur dioxide
batteries was, in fact, demonstrated by a fire at the Croton
Point Landfill in Westchester County, New York on April 20, 1981.
In that incident, a number of drums of lithium-sulfur dioxide
batteries, which were improperly handled, caught fire due either
to short circuiting or contact with moisture. The fire resulted
in a number of violent ruptures as well as the generation of
toxic gases and fumes which posed a hazard to personnel combating
the fire..

The Agency recognizes that the degree of hazard posed
by lithium battery cells depends upon a large number of
variables including:

• the quantity of cells accumulated in one location and
the condition of the cells (e.g., whether they have
vented, are partially depleted, fully discharged, of the
balanced or unbalanced type, etc.)

• the procedures used in storing, transporting, disposing,
or otherwise handling spent or discarded batteries.

• the proximity of workers or the general public to the
batteries.

Due to the variable nature of the hazards posed by lithiua
batteries under different conditions* the Agency had considered
whether it was feasible to establish accumulation levels below
which quantities of lithiua batteries would not be considered
reactive and* therefore* not subject to the hazardous waste
regulations. However, the Agency does not believe that there
is sufficient information available at this time to reasonably
establish such exemption levels specifically for lithiua batteries.

The Agency's conclusion that lithium-sulfur dioxide
batteries exhibit the characteristic of reactivity does not
affect the applicability of other provisions of the hazardous
waste regulations. Of specific interest to DOO aay be S261.S*
which conditionally exeapts froa hazardous waste regulation all
-------
j. >. -5-
hazardous wastes from generators that do not generate more than
1000 kg. per month of hazardous waste or accumulate more than
1000 kg. «f such waste at any time.JL/ However, you should be
aware that when calculating the quantity of waste generated for
purposes of assessing small quantity generator status, all hazardous
wastes from all sources that are generated at a particular site!/
in a one-month period or which are accumulated over any period
of time must be counted. You should also be aware that Congress
is currently considering amendments to RCRA that would lower the
small quantity generator exemption level to 100 kg.

As mentioned previously, the practical effect of the
Agency's conclusion that lithium batteries are reactive wastes
is that regulated quantities of these batteries may not be
disposed of at most hazardous waste land disposal facilities.
Sections 264.312 and 265.312 prohibit landfilling of reactive
wastes unless they are treated, rendered* or mixed such that
they no longer exhibit the characteristic of reactivity and
unless the general requirements for reactive wastes contained
in SS264.17(b) and 265.17(b) have been met.

If you have any questions about the information contained
in this letter, please dp not hesitate to contact either
Franc ine Jacoff or Robert Axelrad, of my staff at (202) 382-4761.

Sincerely yours,

/•/ Jack W. UcCrtr

Lee M. Thomas
Assistant Administrator
'Acute hazardous1 wastes are subject to a 1 kg. exemption
level for quantities generated in a one-month period or accumu-
lated over any period of tine. As * characteristic hazardous
waste, lithium batteries are subject to the 1000 kg. exemption
level.

2/See $260.10 definitions for «individual generation site* and
'on-site•.
-------
9443.1983(03)
RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

FEBRUARY 83
C Question: If » tnatsrial it 80% solid «n3 20% w»t«r, can th» PH t» n»asur«J
'' , i«S«r 261.22UHD?

Vwser- It i* still t«*tabl« if it contains frs« liquids (*mt«r). Th«
ajueous phaM of th« proposed paint filter tMt could b« us«3 to
dstsmim if th*r« «r*-.fr«« liquids.
f lorvnc* Richudson
-------
9443.1983(01)
JAN I 0 1983

REs -WCBDF0345

*E!1ORANDUH

SUBJECT: Ignitabie Solids Definition

P.RO«: John H. Skinner, Acting Director
Office of Solid waste (WH-562)

TO: David A. Wagoner, Director
Air and waste Management Division, Region vii

As you requested in your *emo of December 15, I am writing
to clarify the definition of an ignitabie solid under 40 CFR
261.23 as it applies to materials such as titanium swarf.

As Geno Grumpier correctly advieed Greg Weber* of Region V,
in ord«r for a solid wast* to be an ignitabie waste it must
be capable, under standard temperature and pressure, of both
causing fires through friction, absorption of moisture or
spontaneous chemical changes and burn so vigorously and per-
sistently that it creates a hazard* Thus, if the titanium
swarf is very difficult to Ignite it would not be classified
as a hazardous wast* even though, one* ignited, it may pose a
hazard.

In order to remove th* ambiguities inherent in such a
definition, OSW is in th* process of developing specific testing
methods and hazardous wast* definition thresholds for ignitabie
solids. However, s\ieh tests ar* not expected to be ready tor
proposal until FT 84, '%

If you haw* any comment* or questions concerning the
ignitabie waste definition pleas* give Oevia Friedman or
Florence Richardson * call st FTS 382*4770.
WH-565BtDrRIEDHAHjdftS248»382-4770tWSM»l-S-83 Disk DF»03*45
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Recycled
Materials
-------
Exhibit VIII
Recycled Materials
Overheads from Presentations
Relevant Federal Regulatory Citations
RCRA Policy Excerpts
EPA Region 2 164
-------
-------
Exhibit VIII-1
Recycling
Definition
Certain materials are not subject to regulation when
recycled
Nature of material
Manner of recycling
Determination of regulation
Materials that are not solid waste when recycled
Certain recycled materials are regulated under Part 266
EPA Region 2 165
-------
Exhibit VIII-2
The Regulations Governing Materials
That Are Recycled
• Exclude some recycled materials from the definition of solid
waste
• Specify the applicable regulations for the management of
recycled wastes (recyclable materials)
§261.2,261.6
•Decision Diagram B is used to determine which recycled materials are not solid wastes and which regulations apply to various types of recycled wastes
and recycling activities.
•The regulations governing hazardous waste recycling activities include:
- Standard Subtitle C regulation of generation, transportation, and storage (the recycling activity itself is exempt from 264/265 regulation except for the
air emissions standards of Subparts AA and BB) (§261.6(a)(l));
- Part 266 recycling regulations for specific recycling operations (§261.6(a)(2)); or
- Exemption from standard Subtitle C regulation (§261.6(a)(3)).
•The frame work for the recycling regulations was formulated on January 4, 1985 (50 FR 614).
EPA Region 2 166
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Exhibit VIII-3
Recycle: A General Definition
A material is recycled if
it is used, reused or reclaimed
§261.1(c)(7)
•"Reclaimed" is defined in §261.1(c)(4).
•"Used or reused" is defined §261.1(c)(5).
•Materials are also recycled if they are (§261.2(c)):
- Used in a manner constituting disposal;
- Burned for energy recovery or used as a fuel; or
- Speculatively accumulated
(these terms are discussed in detail - on following pages).
EPA Region 2
167
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Exhibit VIII-4
Certain Materials Are Not Subject To
Regulation When Recycled
• Industrial ethyl alcohol that is reclaimed
• Used batteries returned for regeneration
• Used oil exhibiting any of the characteristics of hazardous
waste that is recycled in a manner other than burning for
energy recovery
§261.6(a)(3)
•These materials are solid waste, and if listed or exhibit characteristics, are hazardous waste. They are, however, not subject to the hazardous waste
regulations.
•Redistillation of industrial ethyl alcohol is regulated by the Bureau of Alcohol, Tobacco and Firearms.
•Used batteries that are recycled (i.e., the casing is cracked) are not included in this exemption.
•Used oil that is refined (and also exhibits a characteristic) is not subject to the hazardous waste regulations.
EPA Region 2 168
-------
Exhibit VIII-5
Certain Materials Are Not Subject To
Regulation When Recycled (Cont'd) -
Not Hospital Related
• Scrap metal
• A variety of reclaimed oils and oil-derived fuels associated
with oil refining
• Coke and coal tars containing hazardous wastes from iron
and steel production process (K087)
§261.2(a)(3)
•For further information on the petroleum refining and coke and coal tar wastes see 50 FR 49204 (the original burning and blending regulations).
EPA Region 2 169
-------
Exhibit VIII-6
In general, determination of whether a recycled
material is a solid waste depends upon the NATURE
of the material and the MANNER in which it is recycled
§261.6(a)(3)
•Recycled materials determined not to be solid wastes cannot, by definition, be hazardous wastes and thus are not subject to the hazardous waste
regulations.
EPA Region 2 170
-------
Exhibit VIII-7
Nature of Recycled Materials
For purposes of determining if a recycled material is a solid
waste when recycled, five classes of materials are
considered
- Spent materials
- Sludges
- By-products
- Commercial chemical products
- Scrap metal
§261.2
•All recycled material fit into one of these classes.
•Each class of materials will be discussed in detail.
EPA Region 2 171
-------
Exhibit VIII-8
Spent Materials
Any material that has been used and, as a result of contamination,
can no longer serve its intended purpose without reprocessing
- Spent solvents
- Spent catalysts
- Spent pickle liquor
Spent plating bath solutions
Hospital Examples:
• Used Bouin's solution
• Spent laboratory solvent
§26U(c)(l)
•Listed spent material include: F001-F005, F007, F009, F011, K021, K028, K045, K062, K088, K118.
•Materials that can continue to be used for the purposes for which they were produced (e.g., a slightly contaminated solvent that can be used for
degreasing) are not spent materials.
EPA Region 2 172
-------
Exhibit VIII-9
Sludge - Not Hospital Related
• Residues from pollution control devices
- Wastewater treatment plant sludges
- Electric arc furnace dust (K061)
- Baghouse dusts
§261.10
•The term sludge is defined in §260.10 as "any solid, semi-solid, or liquid waste generated from municipal, commercial, or industrial wastewater treatment
plant, or air pollution control facility, exclusive of the treated effluent from a wastewater treatment plant."
•Listed wastewater treatment sludges include F006, F012, F019, K001, K002-K007, K032, K035, K037, K040, K041, K044, K046, K048, K051, K106.
•Listed air pollution control sludges include K061, K069, K090, K091.
EPA Region 2 173
-------
Exhibit VIII-10
By-Products - Not Hospital Related
• Process residues that are not one of the primary products of
a production process
- Distillation column bottoms
- Heavy ends
- Slag
§26U(c)(3)
•The term by-product is defined in §261. l(c)(3) as "a material that is not one of the primary products of a production process and is not solely or separately
produced by the production process."
•By-products must be distinguished from co-products.
EPA Region 2 174
-------
Exhibit VIII-11
Co-Product (Not A Nature Of Recycled
Materials) - Not Hospital Related

• A material intentionally produced by the manufacturing
process and ordinarily used in its existing state as a
commodity in trade by the general public
• Co-products must have a recognized use, and must be
usable without reprocessing
§261.1(c)(3)
•Examples of co-products:
- Acetone produced when phenol is manufactured from cumene;
- Kerosene, asphalt, and pitch from petroleum refining; and
- Sulfuric acid produced in acid plants associated with smelters.
•The term co-product is discussed in the §261.1(c)(3) definition of by-product.
•Co-products are generally suitable for use as-is, without substantial reprocessing.
•See discussion on 50 FR 625 (January 4, 1985).
EPA Region 2 175
-------
Exhibit VIII-12
Commercial Chemical Products

• Based on statutory definition

•Includes all types of unused commercial products whether

or not they would commonly be considered chemicals

(e.g., circuit boards, thermometers, batteries, and other

types of equipment and manufactured articles)

•The compounds listed in §261.33 (P- and U- wastes)

•Also includes commercial chemical products that exhibit

a characteristic

•Includes intermediate, off-specification variants, spill residues and container residues.
•Products are generally not wastes, however, when they are recycled in ways that differ from their normal use they may be considered solid wastes .
•Examples:
- Products that are not fertilizers used by 'placement' on the land.
- Products that are not fuels burned for energy recovery.
EPA Region 2 176
-------
Exhibit VIII-13
Scrap Metal

• Metal pieces and parts which, when worn or superfluous,
can be recycled
• Examples
- Scrap automobiles
- Machine shop turnings
§26U(c)(6)
•Scrap metal includes:
- bits and pieces of metal, and pieces combined with bolts or soldering, and
- metal generated from machinery operations.
•The following are not scrap metal:
- residues from smelting and refining (e.g., drosses, slags).
- liquid wastes containing metal (e.g., spent acids with metals in solution).
- liquid metal wastes (e.g., mercury), and
- metal containing wastes with a significant metal content (e.g., batteries).
EPA Region 2 177
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Exhibit VIII-14
Manner of Recycling
Five methods of recycling to be considered in determining
if a recycled material is a solid waste
- Use in a manner constituting disposal
- Use as a fuel or burning for energy recovery
- Reclamation
- Speculative accumulation
- Use/reuse
§261.2(c)and(e)
•Each method will be discussed in detail.
•All recycling activities fit into one of these categories.
EPA Region 2 178
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Exhibit VIII-15
Use Constituting Disposal -
Not Hospital Related
• The material is applied to or placed on land
• The material is contained in a product applied to the land
(except for commercial chemical products that are normally
placed on the land, e.g., fertilizers)
§261.2(c)(l)
•Disposal is defined in §260.10.
•Use constituting disposal is discussed in §261.2(c)(l).
•Examples:
- Use as fill or cover,
- Use as a dust suppressant, and
- Use in asphalt or cement placed on land.
•The use of hazardous wastes in a manner constituting disposal is regulated under Subpart C of Part 266.
EPA Region 2 179
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Exhibit VIII-16
Burned For Energy Recovery/Used As
A Fuel - Not Hospital Related
• The material is burned for energy recovery in a boiler or industrial
furnace
The material is used to produce a fuel

The material is contained in a fuel
§261.2(c)
•Burning for energy recovery is regulated under Part 266, Subpart H (hazardous waste) and Subpart E (used oil).
•Any burning other than for energy recovery or for material recovery (reclamation) or as an ingredient is defined as incineration, which is a form of treatment.
not recycling. Incineration is regulated under Subpart O of Parts 264 and 265.
•The term 'boiler' is defined in §260.10 as a unit having physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or
heated gases. The combustion chamber and primary energy recovery sections of these units must be of integral design, the unit must have a thermal energy
recovery efficiency greater than 60% and, on an annual basis, 75% of the recovery sections of these units must be of integral design, the unit must have a
thermal energy determine that individual units are boilers, on a case-by-case basis, using the criteria set forth in §260.32.
•The term 'industrial furnace' is defined in §260.10 to include:
- Cement, lime, aggregate, and phosphate kilns.
- Coke ovens,
- Blast furnaces,
- Smelting, melting, and refining furnaces,
- TiO2 chloride process oxidation reactors,
- Methane reforming and pulping liquor recovery furnaces.
- Spent sulfuric acid recovery combustion units,
- Halogen acid furnace, and
- Units added to the list by the Administrator based on the criteria in §260.10.

EPA Region 2 180
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Exhibit VIII-17
Reclamation - Not Hospital Related

• Processing to recover a usable product
• Regeneration
§261.2(c)(4)
•Reclamation is defined in §261. l(c)(4).
•Wastes are processed to recover usable product when distinct components of the material that are of value are recovered (e.g., recovery of metals from
electroplating wastewater treatment sludges (F006)).
•Wastes are regenerated when they are processed to remove contaminants in a way that restores them to their usable original condition (e.g., distillation of
spent solvents).
EPA Region 2 181
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Exhibit VIII-18
Speculative Accumulation

• Speculative accumulation is defined as the accumulation of waste
materials prior to recycling without sufficient amounts being recycled

• Sufficient amount is defined as at least 75% during a calendar year

• EPA may grant a variance on a case-by-case basis for materials that are
accumulated speculatively (§260.30)

Hospital Examples:
• Stockpiled electronics
• Excess materials that are no longer needed or used at facility
(e.g., old paints and cleaning supplies) that are listed or exhibit
a characteristic
• Expired pharmaceuticals that are not returned to manufacturer
that are listed or exhibit a characteristic
§261.1(c)(8)
•75% is calculated on an annual (January 1 to January 1) basis.
•The speculative accumulation provisions are only relevant for materials generally defined not to be solid waste (see chart on following page).

EPA Region 2 182
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Exhibit VIII-19
Use/Reuse

• Recyclable materials are not solid wastes when
- Used or reused as ingredients or feedstocks in
production process
- Used or reused as effective substitutes for commercial
products
- Returned directly to the original primary production
process in which they are generated
§261.2(e)(l)
•Use/reuse is defined in §261.1(c)(5).
•Examples:
- Still bottoms from carbon tetrachloride manufacture (K016) are used as a feedstock in tetrachloroethylene production.
- Use of spent pickle liquor (KOI6) as a wastewater conditioner.
- Use of fly ash from electric power production as a feedstock in the manufacture of cement.
EPA Region 2 183
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Exhibit VIII-20
Use/Reuse (Cont'd)
Materials must be used, reused, or returned to original
process directly without first being reclaimed

These exclusions do not apply to materials used in a manner
constituting disposal, burned for energy recovery, or
speculatively accumulated (§261.2(e)(2))
•Exclusion is crafted to distinguish between production processes (over which the Agency does not have authority under RCRA) and waste management
process (over which the Agency does have authority under RCRA).
•Incidental processing is not considered reclamation (e.g., wetting materials to minimize wind dispersal, briquetting of dry wastes, combination of
feedstocks).
EPA Region 2 184
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Exhibit VIII-21
Use/Reuse (Cont'd)
Hospital Example: Cerrobend

• X-Ray shielding putty used to protect patients from
damage to adjacent healthy tissue during irradiation of
tumors and other confined areas

• Contains lead and cadmium

• Discarded materials and shavings can be characteristic
toxic HW when discarded

• Can be reshaped and reused many times before being
discarded
EPA Region 2 185
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Exhibit VIII-22
When are Recycled Materials
Regulated?

Spent materials
Sludges that are listed
hazardous wastes
Sludges exhibiting a
characteristic of
hazardous waste
By-products that are listed
hazardous wastes
By-products exhibiting a
characteristic of
hazardous waste
Commercial chemical
products
Scrap metal
Use Constituting
Disposal
(261.2(c)(l))
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Energy
Recovery/Fuel
(261.2(c)(2)
Yes
Yes
Yes
Yes
Yes
Yes

Reclamation
(261.2(c)(3))
Yes
Yes
No
Yes
No
No

Speculative
Accumulation
(261.2(c)(4))
Yes
Yes
Yes
Yes
Yes
No

Use/Reuse
(261.2(e)(l))
No
No
No
No
No
No

EPA Region 2
186
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Exhibit VIII-23
Certain Recycled Materials Are
Regulated Under Part 266
• Materials used in a manner constituting disposal (Subpart C)
• Used oil burned for energy recovery (Subpart E)
•Subpart C subjects all other materials used in a manner constituting disposal to all applicable hazardous waste regulations (Parts 262-268, 270, 124)
(i.e., interim status or permits and land disposal unit standards.)
•Subpart C exempts products containing recyclable hazardous wastes produced for the general public's use and used in a manner constituting disposal
from the hazardous waste regulations if:
- The hazardous waste has undergone a chemical reaction such that it is inseparable by physical means from the other constituents of the product; and
- The product meets the applicable land disposal restriction of Part 268 (fertilizers containing K061 are not subject to regulation without conditions).
•See discussion on used oil in Exhibit IV, Listed Wastes.
•All used oil burned for energy recovery is regulated under Subpart E. The authority for regulation of used oil that does not exhibit characteristics (i.e., is
not hazardous waste) is the Used Oil Recycling Act of 1980 (Section 3014 of RCRA).
•Used oil burned for energy recovery that has been mixed with listed hazardous wastes is subject to Subpart D (the rebuttable presumption).
EPA Region 2 187
-------
Exhibit VIII-24
Certain Recycled Materials Are
Regulated Under Part 266 (Cont'd)
• Recyclable materials utilized for precious metals recovery
(Subpart F)
• Spent lead-acid batteries being reclaimed (Subpart G)
• Silver recovery from photo and X-Ray processing
§261.6(a)(2)
•Hazardous wastes from which precious metals are reclaimed are subject only to notification, manifesting, and recordkeeping requirements except as
required by §§260.40 and 41.
•Reclamation of spent lead-acid batteries involves cracking the casing (regeneration does not, see §261.6(a)(3)(ii)).
•Generators and transporters of lead-acid batteries that are reclaimed are not subject to the hazardous waste regulations. Reclaimers are subject to Part 264
requirements, excluding manifest and waste analysis provisions, for storage of the batteries prior to reclamation.
EPA Region 2 188
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Exhibit VIII-25
Certain Recycled Materials Are
Regulated Under Part 266 (Cont'd) -
Not Hospital Related
• Hazardous waste burned in boilers and industrial furnaces
(Subpart H)
§261.6(a)(2)
•Subpart H exempts certain hazardous wastes from regulation under this subpart:
- Used oil burned for energy recovery subject to Subpart E.
- Gas recovered from hazardous or solid waste landfills when such gas is burned for energy recovery.
- Hazardous waste exempt from regulations under §2621.4, §261.6(a)(3) (v-viii) and §261.5, and
- Coke ovens if burning K087.
EPA Region 2 189
-------
Exhibit VIII-26
Regulation of Recycled Materials

• Hazardous wastes prior to reclamation are subject to the full
set of hazardous waste regulations (Parts 262-268, 270, and
124)

• The reclamation process itself is exempt from regulation
§261.6(a)(l),(b),and(c)
•Generation, transportation, and storage prior to reclamation are fully regulated.
•By-products from the reclamation process may also be regulated hazardous waste.
•Reclamation processes maybe subject to the air emissions control requirements of Parts 264 and 265 if applicable (§261.6(d)).
EPA Region 2 190
-------
Exhibit VIII-27
On-Going Review Of The Definition

Of Solid Waste
• October 28, 2003: Proposed rule for "Revisions to
Definition of Solid Waste"

• Comment period ended January 26, 2004

• Proposed rule aims to identify certain recyclable hazardous
secondary materials as not discarded

• If these materials are exempted from the definition of solid
waste, then the wastes no longer are regulated under
Subtitle C
•Industry challenged EPA's authority under RCRA to regulate certain recycled hazardous materials in court cases in 1987, 1988, and twice in 1990 where
the definition of solid waste was interpreted by the court system.
•The proposed rule will redefine solid waste.
EPA Region 2 191
-------
-------
Exhibit VIII-28
Relevant Federal Regulations
40 CFR Part 261
SubpartB Section 261. l(c)
Section 261.2(c), (d), (e)
Section 261.6

40 CFR Part 266
Subpart C
Subpart D
Subpart E
Subpart F

40 CFR Part 273
Subpart A
Subpart B
EPA Region 2 192
-------
r \,
Exhibit VIII
-------
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9441.1933(35)

X'^Vf

i UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
f WASHINGTON. O.C. 20460
v« ^
""" 1^5
SOLID WASTE AND

J. D. Akenhead
Hazardous Waste Specialist
Nevada Small Business Development Center
College of Business Administration
University of Nevada - Reno
Reno, Nevada 8955-0100

Dear Mr. Akenhead:

This is in response to your July 8, 1988, letter concerning
the regulatory status of dry cleaners who recycle spent
cartridge filters. You should note that the following is an
explanation of Federal rules. Individual States may adopt more
stringent rules under their own authorities.

As explained to you by Mike Petruska in your telephone
conversation of July 19, under Federal rules (40 CFR Section
261.5(c)), a generator should count only that hazardous waste
that is subject to regulation or minimal regulation when making
the small quantity generator determinations in Section 261.5 or
Section 262.34(d). See 40 CFR 261.5(c). Hazardous waste that
is directly recycled on-site (i.e.. without prior storage) is
not counted because presently EPA does not regulate on-site
reclamation processes. (See the preamble discussion of March
24, 1986, 51 FR 10152, enclosed for your information.)

This means that, although the spent filters do in fact
contain hazardous waste, a generator need not count them against
the 100 kilogram monthly limit as long as he places the filter
in the distillation unit directly, without intervening storage.
Residues from the still would, however, have to be counted. If
however, the dry cleaner must store or accumulate the spent
cartridge filters before they are recycled, the "wet" filter
when first removed from the unit would have to be counted in
calculating the quantity of hazardous waste generated.
-------
- 2 -
If you have further questions in this area, please contact
Mike Petruska directly at (202) 475-9888.

Sincerely,
Sylvia K. Lowrance, Director
Office of Solid Waste
Enclosure
-------
ATIS IKV1tOM*«NTAL PtOTECTlOW }EMCT
9441. 1955:2
JUL 29 SB8
Mr. Sol L. Colon . .
Environmental Quality Official
Western Fher Laboratories, Inc.
P.O. Box 7468
Ponce, P.R. 00732

Dear Mr. Colon:

•I am writing in response to your letter dated June 13, 1988, in
which you requested our interpretation of the hazardousness of a
waste generated and treated at your facility in Ponce, P.R. Also,
you requested confirmation that your treatment process does not
require a RCRA permit.

Specifically, you treat a liquid waste containing about 18%
acid and 1% organic material by evaporating some of the water
(which is condensed and sent to the facility's wastewater treatment
plant) and transferring the concentrated acid solution to a
concrete mixer where it is mixed with kiln dust to form a dry solid
for disposal.

On July 8, 1988, Bd Abrams, a member of my staff, telephoned
you to determine the composition of the 1% organic component of
your waste and the.jtype of kiln dust. Your response identified the
organic materials .4s organic acids such as oxolic and tartaric
acids, and not organic solvents. Also, you identified the fciln
dust as cement kiln dust, a solid waste which is not a hazardous
waste (see 40 C/R 261.4 (b)(8)).

Assuming that your liquid waste being treated is only
characteristically hazardous because of corrosivity, the dry waste
generated ffpm the treatment would not be considered hazardous if
it does not^exhibit any of the characteristics of hazardous waste
(see 40 CFR 261.20*24), but your operation would be considered
treatment of a hazardous waste. However, sines it is being done at
the sits of waste generation in tanks, a RCRA permit would be
required only if you stored your wests for periods exceeding 90
days prior to treatment. Zf treatment wss being done off site, a
RCRA storsgs permit would be required in say case.
COXUtttMCtl
•9***
^•••W******
-------
. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. O.C. 20480
, .
*t ••on*-

APR 2 0 '953
SOUO WASTE AND EME«G£NCv

H. David Bowes, President
Finish Engineering Company, Inc.
921 Greengarden Road
Erie, PA 16501-1591

Dear Mr. Bowes:

This is in response to your letter of April 12, 1988,
concerning generator determinations (i.e., "counting rules") for
users of solvent stills. EPA provided a very relevant example of
how the counting rules work in the preamble of the March 24,
1986, Federal Register (51 EB 10153) which I have enclosed for
your information. Basically, the rules (40 CFR Section 261.5(a))
state that if a generator reclaims (e.g., distills spent solvent)
but does not store the spent solvents prior to reclamation, he
need only count the still bottoms. If he stores the spent
solvents before reclamation, however, he must count the spent
solvent as noted in 40 CFR 26l.5(d)(3), but then he need not
count the still bottoms.

Finally, the letter you enclosed from Mr. Claunch has been
entered in the docket for EPA's Definition of Solid Waste
rulemaJcing, and will be considered as we develop final amendments
for the Definition. If you have further questions in this area,
please contact Michael Petruska at 475-9888.
Sincerely,
Matthew A. Straus
Acting Deputy. Director
Characterization and Assessment
Division
Enclosure
-------
-2-

f solvents contained in filter cartridges are removed from
the dry cleaning machine, they are no longer exempt from
regulation* The still bottoms from solvent reclamation,
while solid and hazardous wastes, are not required to be
counted until they exit the unit and become subject to
[ substantive regulation (see 51 Federal Register 10152,
\ March 24, 1986 and 40 CFR 261. 5(c)).

f I trust that this explanation will clarify the confusion
that exists over the article that Mr. Kelly attached. For
additional information, I have enclosed a copy of a handbook
we have developed for small businesses to help them comply
with the new statutorily mandated regulations for small
quantity generators. Should Mr. Kelly have any additional
questions on the hazardous waste regulations, he should
feel free to contact Bob Axelrad, of my staff, at (202)
382-4761. If I can be of further assistance, please let me
know.
Sincerely,
J. Winston Porter
Assistant Administrator
Enclosure
-------
9441.1937(95)
UNITED STATES ENVIRONMENTAL PROTECTION AC

WASHINGTON O.C 204<0
i-C«
?.ic.K.ard Sklar
President
Recyclene Products, Inc.
405 Eccles Avenue, South
San Francisco, CA 94080

Dear Mr. Sklar:

This is in response to your letter of November 13, 1987, in
which you requested clarification of the RCRA small quantity
hazardous waste generator regulations. In the example you give,
generators of less than 100 kilograms of non-acutely hazardous
waste per month recycle their own solvents on-site and thereby
produce distillation bottoms. The regulatory status of such *
generators is determined by 40 CFR Section 261.5(a) and (d)(2).
A generator who treats or reclaims on-site need not count the
treatment residues, so long as the original waste (in this case
the spent solvents) is counted once. Therefore, if a generator
produces less than 100 kilograms of non-acutely hazardous waste
per month, he may reclaim it on-site and would remain
conditionally exempt under Section 261.5.

Generators of less than 100 kilograms of non-acutely
hazardous waste per month have a number of options for disposal
of their hazardous waste. According to 40 CFR 261.5(g)(3), a
conditionally small quantity generator (SGQ) may either treat,
store, or dispose of the waste at an on-site or off-site
facility licensed, permitted or otherwise approved by a State to
manage municipal or industrial solid waste. Recycling
facilities may also receive waste from conditionally exempt
SQG's. These management options exist for any conditionally
exempt SQG's hazardous waste, including residue generated from
solvent recycling operations.
-------
Although the Federal regulations allow a conditionally
exempt SQG to send waste to a State-approved solid waste
facility, some States have stricter requirements for generators
of less than 100 kilograms of non-acutely hazardous waste per
month. The conditionally exempt SQG.should check with the State
to see if any additional requirements apply.

Finally, as a side note, you mention in your letter that
the sludge produced in your solvent recovery distillation unit
is generally dry and passes the paint filter liquids test.
However, it is confusing as how your sludge is tested. You
state that the "sludge... passes the paint filter test since the
sludge is contained in a plastic bag or liner—" I would like
to clarify that the waste itself is to be tested in the Paint
Filter test; testing of a liquid waste contained in a bag would
pass the test, but it would be obvious that the waste is a *
liquid.

If you have further questions in this area contact Mike
Petruska at (202) 475-8551.

Sincerely,
Marcia £. Williams
Director
Office of Solid Waste
-------
9441.193"(32)
RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

APRIL 87
3. Multiple Generator Location and Consolidation

A conpany owns several small factories in different counties. Each
factory generates less than 100 kilograms of hazardous waste per
rtontn, and is subject to reduced regulation under $261.5. Options
for disposal of waste from conditionally exempt generators are
provided in $261.5(f)(3). (a) May the conditionally exempt generators
transport waste to one of the company's facilities for consolidation
and subsequent shipment to a RCRA disposal facility? (b) Does the
facility of the generator who is consolidating the waste qualify as
a "transfer facility"? (c) Does the generator who consolidates the
waste become a full quantity generator if he ships more than 1000 kg
of hazardous waste from his site per month? (or a 100-1000 kg/mo
generator if he ships between 100 and 1000 kg of waste per month?)

(a) Under 5261.5(f)(3) in order to remain exempt from certain
regulations, a conditionally exempt snail quantity
generator may ensure delivery of his hazardous waste to a
storage, treatment, or disposal faclity that is one the
foil-Ming types of facilities:

(i.) permitted under Part 270 of 40 CFR; or
(ii.) in interim status under Parts 265 and 270
of 40 CFR; or
(iii.) authorized to manage hazardous waste by a
state with a hazardous waste management
program approved under Part 271 of 40 CFR; or
-3-
-------
- (tv.) licensed, registered or permitted by the
state to manage municipal or industrial
&.- solid waste; or
\. -(v.) benefically uses, reuses or reclaims the waste.

In order for one of the generators to serve as a central collection
point for tne other generators, he would have to qualify as one
of the above mentioned facilities. Realistically, the easiest
approach would be for the generator to receive State approval
to manage the consolidated waste shipments.

(b) If the generator does not receive authorization from his
State, he may still receive and store the waste for a
period of time if he qualifies as a transfer facility.
Under $263.12, waste may be stored at a transfer facility
for ten days or less without requiring-interim status or a
permit. The December 31, 1980 Federal Register
(45 FR 86966) defines the term transfer facility to refer
to transportation terminals (including vehicle parking areas,
loading docks and other similar areas), break-bulk facilities
or any other facility commonly used by transporters to
temporarily hold shipments of hazardous waste during
transportation. It is possible that this generator facility
may qualify as a transfer facility, as long as the waste
is not stored on-site for more than 10 days.

(c) If the waste is not s«nt to a facility specified under
S261.5(g)(3)tl)-(v), it is no longer conditionally exempt
waste, and each generator must comply with applicable
regulations. Thus, if the generator cannot receive state
approval nor qualify as a transfer facility, he must obtain
a permit for storage of hazardous waste.

Source: Maureen Smith (202) 382-T706
Research: Chris Byrant (202) 382-3112
-------
RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

FEBRUARY 87
i. 9nail Quantity Generator Detennination

A recycler regenerates listed spent solvent (F005) that he receives
from off-site. The recycler burns the still oottoms and a portion
of the reclaimed solvent on-site in an industrial furnace. He
sells the remaining reclaimed solvent to two companies: one that will
bum it as fuel and one that will use the solvent for its solvent
properties. How does the recycler count the still bottoms and
reclaimed solvent for the purpose of small quantity generator monthly
quantity determinations?

The recycler lust include the still bottoms in his quantity
determinations because they are hazardous waste generated on-
site and burned for energy recovery. As a hazardous waste
fuel, they are subject to 40 CFR Part 266 Subpart D. According
to $261.5(c)/ a generator roust count wastes subject to Part 266
subpart D in his monthly quantity determination. The reclaimed
solvent fuels that are burned on-site and marketed off-site are .
suDject to Part 266 Subpart D and the counting requirements.

The only waste quantity that the recycler does not include in
his quantity determinations is the reclaimed solvent that will
be used for its solvent properties. 40 CFR 261.3(c)(2)(i)
exempts reclaimed materials that will be used beneficially from
regulation as wastes as long as they are not burned for energy
recovery or used in a manner constituting disposal. Because
the reclaimed solvent will be used as a solvent and not a fuel
or product applied to the land, it would not be included in the
monthly quantity determinations.

Source: Mike Petruska (202) 475-8551
Specialist: Jennifer Brock (202)382-3112
-2-
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3441.1986(67)
\ UM :D b VATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. O.C. 204(0
SEP 8 (985
OMICCOF
SOLID WASTC ANO IMENCCNCY RESIGNS
Honorable Frank H. Murkowski Re: Pile 115579
United States Senate
Washington, D.C. 20510

Dear Senator Murkowski:

Thank you for your August 8, 1986, letter on behalf of
your constituent, Mr. George Kelly, regarding the potential
impact of the Environmental Protection Agency's (EPA) regu-
lations on the dry-cleaning industry*

Unfortunately, the article which Mr. Kelly enclosed
provided an incorrect explanation of our Small Quantity
Generator (SQG) rule issued under the Resource Conservation
and Recovery Act (RCRA). The RCRA rules actually require
dry cleaning hazardous wastes to be counted for purposes of
determining a dry cleaner's regulatory status only when
they are physically removed from the dry cleaning process
as wastes.

The two types of hazardous wastes typically generated
by dry cleaners are filter cartridges containing listed
spent solvents and still bottoms from solvent reclamation.
Under our counting rules, these wastes are only counted as
hazardous waste when they are removed from the dry cleaning
process for subsequent management, including accumulation,
transportation, treatment, or disposal. Under no circumstances
are these materials regulated under the hazardous waste
rules while they are in the dry cleaning machine.

The.so-called single counting system referred to in
the article actually simplified the counting of hazardous
waste by eliminating the need to count the same waste more
than once in a calendar month. It is intended to apply to
regulated materials which are used and reused over and o.ver
during a calendar month* However, this rule only comes
into play if the hazardous waste is subject to counting.
since the solvents in the dry cleaning machine are not
considered to be solid or hazardous wastes while part of a
closed loop reclamation process (see 51 Federal Register /
25422, July 14, 1986), they are not subject to counting
while in the dry cleaning machine. However, when the spent
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9441.1986(64)
RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

AUGUST 86
6. SQG Quantity Determinations

The new small quantity generator (SQG) regulations, effective
Septarber 22, 1986, establish standards under 40 CFR 261. 5(c)
and (d) for counting hazardous waste generated on a monthly
basis. 40 CFR 261.5(d)(3) states that an SQG need not include

spent materials that have been reclaijned and
S^S^L?" q*ra^ *<«»*«*». prcvidey
been counted once. The regulation does not specify,
whether this allc^nce applies only within a^Sh

"*
** ****>!*• if an SQG oomts and
a solvent on-site in October and uses it again in
, must the SQG include the spent solvent in^
quantity determination for November?

Yes; the SQG must include the reused material in the quantity
determination for the subsequent ronth, assuming that itbec
l
All
JiL^S^19 °CC?rS ^ * 1R^-to-n«th basis, so the "multiple
costing exemption only applies within one month. Therefore,
a SQG would only count a material once if the SQG reclaims and
reuses it more than once within one month, in addition, the SQG
8^r2J!02-?ie ana*nce *« 40 CFR 261.5(c) (51 PR 10174) which
excludes fron monthly counting wastes that are suBJect only to
waste identification. RCRA §3010 notification. reeoWepinVand
ltS^J*??rt rec*ui«n«Ks. Tne SQG must count wastes that are
5?*^ of Part 262 traanifesting, on-site accunulation,
•6(b) or (c), or Part 266 Subparts C, D, or F.
Source: Bob Axelrad (202) 382-4769
Research: Jennifer Brock
-------
9441.1986(47)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON. DC. 20460
/
•/ SOUO AASTE AND SMEQOc'.C

Honorable Robert S. Walker
House of Representatives
Washington, D.C. 20515

Dear Mr. Walker:

Thank you for your letter of May 1, 1986, on behalf of your
constituent, concerning his questions pertaining to three
chemicals which he uses in his trade as a painting contractor.
Specifically, he requests information on any federal regulations
relating to the disposal, sewage treatment, and neutralization
of methylene chloride, muriatic acid, and isocyanates, as well*
as information on any health hazards associated with their use.

We are reading the first two chemicals in your letter to
be methylene chloride and muriatic acid. Methylene chloride
is used as a solvent and is a listed hazardous waste — EPA
Hazardous Waste No. POQ2. The listing includes the following
spent halogenated solvents: tetrachloroethylene, methylene
chloride, trichloroethylene, 1,1,1-trichlorothene, 1,1,2-tri-
chloroethane, chlorobenzene, l,l,2-trichloro-l,2,2-trifluoroethane,
ortho-dichlorobenzene, and trichlorofluoromethane. "Unused methylene
chloride that is discarded is also defined as a hazardous waste.
Muriatic acid is also likely classified as a hazardous waste
based on its -corrosivity (i.e., it likely has a pH less than 2).
The third chemical, isocyanates, is a class of chemicals; thus,
before we can respond to your request, we would need to know
specifically which compound or compounds your constituent is
using in order to address his concerns*

If your constituent generates more than 100 kilograms
(220 pounds) of methylene chloride, muriatic acid, or any other
hazardous vasts in a calendar month at his place of work or
at individual work sites, he is classified as a hazardous
waste generator and thereby subject to the hazardous waste
regulations. New regulations were just promulgated for generators
of between 100 kilograms and 1000 kilograms per calendar month
of hazardous waste. (See enclosed brochure and Federal Register
notice. These requirements become effective on September 22,
1986.) If your constituent generates less than 100 kilograms of
waste in a calendar month, good disposal practice.would dictate
that he use an off-site hazardous waste storage, treatment, or
-------
disposal facility for his waste, although he may legally dispose
of such waste at any state approved solid waste facility.
Your constituent should contact the organization at the address
listed below for additional information pertaining to small
quantity generators.

Ms. Eleanor W. Winsor, Executive Vice-president
Pennsylvania Environmental Research Foundation
Mezzanine—Lewis Tower Building
225 South 15th Street
Philadelphia, Pennsylvania 19102
(215) 735-0966

With respect to the question relating to neutralization
of these chemicals, it is our opinion that it is not possible
for your constituent to neutralize methylene chloride at his
place of business. Muriatic acid, however, can be neutralized.

With respect to the potential health hazards associated
with roethylene chloride and muriatic acid, he should be aware
that methylene chloride is a potential carcinogen. Muriatic
acid, on the other hand, while a corrosive chemical is not
highly toxic. For further information on the proper use and
storage of these chemicals in the workplace, he should
contact the National Institute for Occupational Safety and
Health (NIOSH) at the address given below.

Or. James Melius
NIOSH/DSHEFSS
Mail Stop R12
Hot 40A Ridge Bldg.
4676 Columbia Parkway
Cincinnati Ohio 45226
(513) 841-4428

I also strongly recommend that your constituent contact
the Pennsylvania Department of Environmental Resources at the
address listed below to discuss these issues in greater detail.
Depending on the specific nature of his business activities, he
may be subject to more stringent state regulations pertaining
to hazardous waste disposal.

-Pennsylvania Department of Environmental Resources
Bureau of Solid Waste Management
P.O. Box 2063
Harrisburg, Pennsylvania 17120
(717) 787-6239 .
-------
Please feel free to write me if you have any further
questions.

Sincerely,
J. Winston Porter
Assistant Administrator

Enclosure
-------
RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

MAY 86

Small Quantity Generators/Parts Washers/Vfaste Counting

An owner/operator (o/o) of a service station leases a parts washer
containing mineral spirits fron the Safety-Kleen Corporation. The
o/o uses the mineral spirits on a daily basis to degrease parts
on-site. The spent mineral spirits exhibit a flash-point less
than 140° F. -^ o/o.s Bitten contract with Safety-Kleen requires
Safety-Kleen to collect the mineral spirits for reclamation and to
deposit regenerated or new mineral spirits at the service station
every eight weeks. The o/o is a "100-1000 kg/no generator" of
hazardous wastes.

When, if ever, do the o/o's mineral spirits become regulated as a
hazardous waste? According to the revised small quantity generator
regulations which appeared in the March 24, 1986 Federal Register,
are the mineral spirits counted in determining the amount of
hazardous waste generated?

Section 261.4(c) exempts "[aj hazardous waste which is
generated...in a manufacturing process unit or an associated
nonwaste-treatment-manufacturing unit" from regulation under
Parts 262 through 265 and the notification requirements of
Section 3010 of RCRA.. The material is only subject to
regulation when it is removed from the unit in which it was
generated or if the material remains in the unit for more than
90 days after the unit ceases to be operated for manufacturing
purposes. In this specific case, the parts washer leased from
Safety-Kleen is functioning as a manufacturing process unit.
The parts washer is a containerized unit used in degreasing
operations. Therefore, the mineral spirits will not be subject
to regulations under Parts 262-265, 270, 271, 124, and Section
3010 until they are eraptied from the parts washer container
or until they remain within a nonoperational parts washer for
more than 90 days, whichever occurs first.

Under the March 24, 1986 rules, waste exempt from some regulations
under 5261.4(c) are not counted. As long as the waste is exempt
under $261.4(c), it need not be counted. However, the mineral
spirits would be counted in determining the amount of hazardous
waste generated on-site as soon as the mineral spirits are
removed from the parts washer unit or after they remain in the
non-operating unit for more than 90 days. If the mineral
spirits remain within the parts washer unit for 90 days or
less after the unit ceases operation, then they will not be
counted towards the quantity determination of the service
station o/o.

Source: Maureen Smith (202) 382-7703
Matthew Straus (202) 475-8551
Research: Margaret Kneller
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9441.1980(05)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
* NOV 1 7 1980
Mr. Willian A. McClintic
Defense Division
Srunswicfc Corporation
150 Johnston Road
Marion, Virginia 24354

Dear Mr. MeClintic:

This is in response to your letter of Septeisber 25, 1980, asking
for clarification of the applicability of our hazardous waste nanageraent
regulations to very small quantities of hazardous wastes generated
by a generator who also generates a large quantity of hazardous waste.

-The snail quantity generator special requirenents of $261.5 of our
Regulations are only available to generators that generate an aggregate
?ount of hazardous wastes of less than 1000 kilograms per nonth at any
ne site or facility. If the aggregate actount of hazardous wastes
generated at a site or facility exceeds this monthly amount, then the
special requirenents of §261.5 do hot apply to any of the hazardous
wastes generated at that »ite or facility. I air, afraid, therefore,
that the very snail quantities of hazardous waste generated at your
Marion facility are subject to the "full" regulations because the single
large quantity of hazardous waste disqualifies the facility for the
special small quantity generator requirenents.

T h9-*« this sufrxciteiitly answers your questions.

Sincerely yours.
Gary H. Dietrich
Associate Deputy Assistant Administrator
for Solid \Jaste
bcc: Filomena Chau w/incoming

WH:GDietrich:bm:ll/13/80j401 M
COMCUHHIHCfJ
U~
»»»«»•• Ji««««»«*»«-ee««»«»4

- - -'- • -..-.•..A ^« •*•.-.
-------
-------
Universal
Waste Rule
-------
Exhibit IX
Universal Waste Rule
Overheads from Presentations
Relevant Federal Regulatory Citations
Other Guidance
RCRA Policy Excerpts
EPA Region 2 193
-------
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Exhibit IX-1
Universal Waste Rule
EPA finalized the Universal Waste Rule on May 11, 1995
- Done to streamline recycling efforts for commercial and
industrial groups. Exempts hazardous wastes that are
generated domestically as well
- Universal wastes are not regulated under full RCRA
Subpart C, but rather by streamlined Universal Waste
Rules (40 CFR 273)
EPA Region 2 194
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Exhibit IX-2
Universal Waste Rule (Cont'd)

• The universal waste rule exempts the following:
- Hazardous waste batteries
- Hazardous waste thermostats (mercury containing
thermostats)
- Certain lamps
- Certain hazardous waste pesticides
EPA Region 2 195
-------
Exhibit IX-2
Universal Waste Rule (Cont'd)

• States have autonomy when it comes to the Universal Waste
Rule:
- States do not have to adopt it
- States can add or remove wastes
- States can also have more stringent requirements
- NY uses federal guidelines for Universal Waste
- NJ has state guidelines for Universal Waste Rule and
includes computer monitors (CRTs) as universal wastes
- Federal rule applies in PR and VI
EPA Region 2 196
-------
Exhibit IX-4
Examples of Hospital Universal Waste

• Nickel cadmium or sealed lead-acid batteries found in
Electronic equipment
Mobile phones
Laptop computers
Emergency back up lighting

• Mercury-containing thermostats

• Lamps that have a hazardous component
Fluorescent lights
High intensity discharge lamps
Neon lamps
Mercury vapor lamps
High pressure sodium lamps
Metal halide lamps
EPA Region 2
197
-------
Exhibit IX-5
Proposed Rule

• Proposed rule - June 12, 2002

• Exclusion from the definition of solid waste which would
streamline RCRA management requirements for used CRTs
and glass removed from CRTs sent for recycling

• Also sought comment on streamlining management
requirements for used mercury-containing equipment by
adding it to the federal list of universal wastes

• http://www.Epa.Gov/epaoswer/hazwaste/recycle/electron/
crt.Htm
EPA Region 2 198
-------
-------
Exhibit IX-6
Relevant Federal Regulations
40 CFR Section 273
Subpart A
Subpart B
EPA Region 2 199
-------
-------
Exhibit IX-7
Other Guidance
Guidance Material on the Universal Waste Rule
and Hospitals
EPA Region 2 200
-------
Generator
Requirements
-------
Exhibit X
Generator Requirements
Overheads from Presentations
Relevant Federal Regulatory Citations
Other Guidance
RCRA Policy Excerpts
EPA Region 2 201
-------
-------
Exhibit X-l
Three Tiers of Generators
Conditionally-Exempt Small Quantity Generators (CESQGs)

Small Quantity Generators

Large Quantity Generators (LQGs)
•In 1980, EPA recognized it could not administer a regulatory program with more than 100,000 in the regulated community.
•Therefore, they used existing information to determine a reasonable "cut-off point for small quantity generators who would be excluded from
regulation. They used the traditional "20-80" concept - 20% of the generators produce 80% of the wastes.
•This resulted in a 1000 kg/mo designation as an SQG. This amounts to about four 55-gallon drums for materials with a density similar to water.
•The preamble to the regulation, however, committed EPA to evaluate the cut-off and revise the regulations as necessary to reflect their findings.
•Under HSWA, Congress mandated the EPA to lower the cut-off.
•In 1985, EPA amended the regulations to establish a three-tiered system for designating generators.
EPA Region 2 202
-------
Exhibit X-2
CESQGs

• Produce < or = 100 kg/mo of non-acute hazardous waste

• Produce < 1 kg/mo of acute hazardous waste (e.g.,
epinephrine and ethylene oxide)

• Produce < 100 kg/mo of residue or contaminated soil, waste,
or other debris from spill clean-up of acutely hazardous waste
EPA Region 2 203
-------
Exhibit X-3
SQGs
Produce between 100 kg and 1000 kg/mo of non-acute
hazardous waste

Produce < 1 kg/mo of acute hazardous waste

Produce < 100 kg/mo of residue or contaminated soil, waste,
or other debris from spill clean-up of acute hazardous waste
EPA Region 2 204
-------
Exhibit X-4
LQGs
Produce >= 1000 kg/mo of non-acute hazardous waste
Produce >= 1 kg/mo of acute hazardous waste
Produce >= 100 kg/mo or residue or contaminated soil, waste,
or other debris from spill cleanup of acute hazardous waste
EPA Region 2 205
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Exhibit X-5
Regulations
• CESQGs regulated under 261.5
• SQGs must meet limited requirements in Part 262
• LQGs must meet full set of Part 262 requirements
EPA Region 2 206
-------
Exhibit X-6
Regulation Status is Determined on a
Month-to-Month Basis
• A generator may produce less than 100 kg in January but
greater than 1000 kg in February
• January - CESQG
• February-LQG
During the LQG months, the full set of Subtitle C rules
applies and facility is subject to applicable annual reporting
requirements for that year
EPA Region 2 207
-------
Exhibit X-7
Generator Status

• Most Hospitals are SQGs

• Practices such as remodeling X-ray areas (lead shielding
discarded) or periodic storage room cleanouts can result in
classification as a LQG that month
EPA Region 2
208
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Exhibit X-8
Waste Counting
Non-acute hazardous waste, acute hazardous waste, and
universal wastes are calculated separately

Your building/clinic may be part of a larger facility and
subject to regulations based on total hazardous waste
generation
EPA Region 2 209
-------
Exhibit X-9
Waste Counting, continued
If a hazardous waste has been included in the quantity
determination one month, do not count it again when
removing it from storage, or count any hazardous waste
derived from on-site treatment of that hazardous waste

SQGs and LQGs must conduct weekly inspections with log
book entries
EPA Region 2 215
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Exhibit X-15
Proper Management, continued
SQGs and LQGs must label each container with:
• "Hazardous Waste"
• Specific description of contents
• Date on which accumulation began (also see satellite
accumulation)
EPA Region 2 216
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Exhibit X-16
Emergency Planning
LQGs and SQGs must have an adequate internal alarm or
communication system. Voice is ok for small facilities.

LQGs and SQGs must designate an Emergency Coordinator
who is on the premises or on-call at all times.
EPA Region 2 217
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Exhibit X-17
Emergency Planning, continued
LQGs and SQGs must have a telephone at the site for calling
emergency assistance and post emergency response
information by the phone, including the name, office, and
home phone numbers, and address of the emergency
coordinator.

LQGs and SQGs must ensure adequate aisle space for
emergency response.
EPA Region 2 218
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Exhibit X-18
Emergency Planning, continued
SQGs and LQGs must ensure adequate water for fire fighting
SQGs and LQGs must have available, know the location of,
and maintain:
• Fire extinguishers and alarms
• Spill control material
• Decontamination supplies
EPA Region 2 219
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Exhibit X-19
Emergency Planning, continued
SQGs and LQGs must make advanced emergency
arrangements with:
• Fire department
• Police department
• Emergency response teams
• Equipment suppliers & emergency contractors (often
handled by transporter/TSDF)
• Hospitals
EPA Region 2 220
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Exhibit X-20
Emergency Planning, continued
LQGs are required to prepare a written contingency plan
which must be designed to minimize hazards from fires,
explosions, or any unplanned release of hazardous waste or
constituents

A copy of the plan must be kept on-site and an additional copy
must be submitted to all local emergency service providers
EPA Region 2 221
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Exhibit X-21
Personnel Training
SQGs must ensure that all employees are thoroughly familiar
with proper waste handling and emergency procedures
(262.34(d)(5)(iii).
LQGs must comply with the personnel training requirements
in 265.16 and 262.34(a)(4). This requires initial training and
annual review that teaches proper waste management and
familiarizes them with the procedures, equipment and systems
to effectively respond to emergencies.
EPA Region 2 222
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Exhibit X-22
Hazardous Waste Minimization
LQGs are required to have a program in place to reduce the
volume and toxicity of waste generated to the degree
economically practicable, and must select a currently available
treatment, storage, or disposal method that minimizes present
and future threats

SQGs must make a good faith effort to minimize waste
generation and to select the best available waste management
EPA Region 2 223
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Exhibit X-23
Maintenance and Operation
40 C.F.R. Sections 262.34(a)(4), 264.31 and 265.31 requires
generators and TSDFs to maintain and operate their facilities
to minimize the possibility of a fire, explosion, or any
unplanned sudden or non-sudden release of hazardous waste
or hazardous waste constituents to air, soil, or surface water,
which could threaten human health or the environment.
EPA Region 2 224
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Exhibit X-24
Shipping Waste Off Site
CESQGs must ensure delivery of waste to one of the
following types of facilities:
• Permitted or Interim Status RCRA TSDF
• A facility authorized by the state to handle municipal, or
industrial wastes
• Arecycler
EPA Region 2 225
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Exhibit X-25
Shipping Waste Off Site, continued
SQGs or LQGs must send waste to a RCRA-permitted TSDF
or recycling facility

SQGs and LQGs must ensure that hazardous waste shipments
are properly packaged, labeled, marked, and placarded to
DOT regulations (usually done by transporter)
EPA Region 2 226
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Exhibit X-26
Shipping Waste Off Site, continued
SQGs and LQGs must prepare hazardous waste manifests
correctly, keep all copies for at least 3 years, track signed
TSDF copies, sign a certification of hazardous waste
minimization on the manifest and send copies where required
on form

SQGs and LQGs must ensure that hazardous waste meets the
Land Disposal Restrictions (LDR) requirements and send the
receiving TSDF a completed LDR form
EPA Region 2 227
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Exhibit X-27
Biennial Report
LQGs must submit a Biennial Report to their EPA Regional
office (annual in NY State) by March 1 of every even-
numbered year which includes the:

• EPA ID number, name, and address of the generator, and
every transporter, TSDF and recycler used

• Descriptions and quantities of waste

• Actions taken to reduce the volume and toxicity of the
waste, and the results of those actions
EPA Region 2 228
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Exhibit X-28
Generators Must Calculate Quantity of

Wastes Generated per Month

• First step is to determine which hazardous wastes are
EXCLUDED from the quantity calculation
§261.5(c)
•Now that we know the rules, we must figure out which wastes must be counted in the quantity determination.
•Let's first look at the wastes that are excluded.
EPA Region 2 229
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Exhibit X-29
Wastes Excluded from Quantity
Calculation
• Wastes not subject to regulation under Subtitle C
• Wastes not subject to the substantive requirements of
Subtitle C
§261.5(c)
•Obviously, wastes not regulated under Subtitle C are excluded from being counted.
•The second set of wastes are those that are never subject to the substantive set of Subtitle C regulations but are required to comply with the following
regulations:
- §262.11 Hazardous Waste Determination.
- §262.12 EPA Identification Numbers.
- §262.40 (c) Recordkeeping of Test Results, Waste Analysis, or Other Determinations.
- §262.41 Biennial Report.
•For example, wastewaters managed in treatment systems which are exempted from regulation must still be tested (or determined) to be hazardous waste.
and generators must submit biennial reports regarding these wastes. However, these wastewaters are not included in the quantity determination.

EPA Region 2 230
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Exhibit X-30
Wastes Excluded from the Quantity

Determination
• Hazardous waste when removed from on-site storage if they
were already included in quantity determination

• Universal Wastes

• Hazardous waste produced by on-site treatment of hazardous
waste already included in quantity determination - not
hospital related

• Spent materials generated, reclaimed and subsequently reused
on-site and already included in quantity determination

•These wastes are excluded if they have already been counted - that is, a generator need not "double count" any waste in the quantity determination.
EPA Region 2 231
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Exhibit X-31
Wastes Included in Quantity
Determination
• Hazardous waste subject to regulation under 40 CFR Parts 260-268, 270, and 124
Hospital Example
• Laboratory clean outs
• Spent Bouin's solution
• Spent pharmaceuticals (if not returned to manufacturer)
• Chemotherapy wastes
• Mercury wastes: pharmaceuticals, fluorescent bulbs (if not handled
as universal wastes), GI equipment, temperature and pressure
measurement devices
§261.5(c)
•Obviously, all hazardous waste regulated under Subtitle C is included in a generator's quantity determination.
EPA Region 2 232
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Exhibit X-32
Wastes Included in Quantity
Determination (Cont'd)
• Wastes subject to requirements for recyclable materials
under Sections 261.6(b) or (c)
• Wastes subject to requirements for recyclable materials
regulated under Part 266, Subparts C, F, and H
§261.5(c)
•These materials are regulated, however not under the full set of Subtitle C regulations.
•Because they are still considered hazardous waste, they are included in the total quantity.
•The recyclable materials include:
- Wastes managed by generators and transporters of recyclable materials under §261.6(b).
- Wastes managed by owners/operators of facilities that store or recycle recyclable materials under §261.6(c).
- Part 266 Subpart C recyclable materials used in a manner constituting disposal.
- Part 266 Subpart F recyclable materials utilized for precious metal recovery.
- Part 266 Subpart H hazardous waste burned in boilers and industrial furnaces.
EPA Region 2 233
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Exhibit X-3 3
If all non-acute hazardous wastes
required in the quantity
determination total 100 kg or less
per calendar month, the generator
may be considered a conditionally
exempt Small Quantity Generator
•Obviously, if the sum total between 100 kg and 1000 kg per calendar month, the generator is a small quantity generator.
•Or, if the sum is greater than or equal to 1000 kg per month, the generator is fully regulated.
EPA Region 2
234
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Exhibit X-34
Requirements for CESQGs
NOTE: Your building/clinic may be part of a larger
facility and subject to regulations based on total
hazardous waste generation.
EPA Region 2
235
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Exhibit X-3 5
Mixtures

• CESQG limitations continue even if the CESQG hazardous
waste mixed with solid waste exceeds the quantity
limitation
§261.5(h)
•EPA determined that CESQG's should not be "penalized" if they mix their limited amount of CESQG hazardous waste with other solid waste.
•The rationale is that these small quantities would be mixed with solid wastes anyway when they are managed in municipal or non-hazardous industrial waste
facilities.
EPA Region 2 236
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Exhibit X-3 6
Mixtures (continued)
• There are two exceptions regarding mixtures of CESQG

wastes with solid waste:

- If the mixture exceeds the quantity limitations, and it

exhibits a characteristic, it is subject to full Subtitle C

regulation

- If small quantity generator hazardous waste is mixed

with used oil and the resultant mixture is to be used for

energy recovery, the mixture is subject to Part 266,

Subpart E regulation §261.5(i)

§261.50)

•There are two situations where EPA felt that mixtures of CESQG waste and solid waste should be regulated.
•The first is where the mixture exhibits a hazardous waste characteristic (I,C,R,T). The entire mixture must be managed as regulated hazardous waste -
which makes intuitive sense.
•The second is where the waste is mixed with used oil, and then used for energy recovery. Used oil contaminated with even small amounts of hazardous
waste, poses certain environmental risks when burned, therefore, the Agency felt these mixtures should be regulated in the same manner as other used
oil - if the oil was to be burned for energy recovery.
EPA Region 2 237
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Exhibit X-3 7
Typical Hospital Hazardous Waste
Mercury and mercury-containing items
Includes whole items and spill residues
Photographic/X-Ray fixer solutions
Silver recovered from fixer, if not recycled
X-Ray Film containing silver or other metals
Ethanol and formaldehyde/ethanol solutions
Spent, off-spec, or excess laboratory chemicals
(solvents, acids, bases, etc.)
Chemotherapy drugs
EPA Region 2
238
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Exhibit X-3 8
Typical Hospital Hazardous Waste

(continued)

• Waste, excess, and off-spec paints and cleaning
products

• Fluorescent light bulbs, if not managed as
Universal Wastes

• Other types include high-intensity discharge
(HID), neon, mercury vapor, high pressure
sodium, and metal halide lamps

• Batteries, if not managed as Universal Wastes
EPA Region 2 239
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Exhibit X-3 9
Typical Hospital Hazardous Waste
(continued)
• Computers/monitors, circuit boards, and other
lead-bearing electronics
• Lead aprons and shielding
• Includes all cathode ray tube (CRT) screens
• Compressed gases (generally, any that are
ignitable)
• Waste pesticides, fungicides, etc.
EPA Region 2 240
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Exhibit X-40
Relevant Federal Regulations
40 CFR Section 261.5
40 CFR Section 262.34(d),(e),(f)
EPA Region 2 241
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Exhibit X-41
Other Guidance
Guidance Material on Generator Status
EPA Region 2 242
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PC
Faxback 12894
9441.1987(32)

RCRA/Superfund/OUST Hotline Monthly Report Question

April 1987

3. Multiple Generator Location and Consolidation

A company owns several small factories in different
counties. Each factory generates less than 100 kilograms
of hazardous waste per month, and is subject to reduced
regulation under D261.5. Options for disposal of waste
from conditionally exempt generators are provided in
D261.5(f)(3). (a) May the conditionally exempt generators
transport waste to one of the company's facilities for
consolidation and subsequent shipment to a RCRA disposal
facility? (b) Does the facility of the generator who is
consolidating the waste qualify as a "transfer facility"?
(c) Does the generator who consolidates the waste become
a full quantity generator if he ships more than 1000 kg
of hazardous waste from his site per month? (or a •
100-1000 kg/mo generator if he ships between 100 and 1000
kg of waste per month?)
i
(a) Under D261.5(f)(3) in order to remain exempt from certain
regulations, a conditionally exempt small quantity generator may
ensure delivery of his hazardous waste to a storage, treatment, or
disposal facility that is one the following types of facilities:

(i.) permitted under Part 270 of 40 CFR; or
(ii.) in interim status under Parts 265 and 270 of 40
CFR; or
(iii.) authorized to manage hazardous waste by a state
with a hazardous waste management program approved under
Part 271 of 40 CFR; or
(iv.) licensed, registered or permitted by the state to
manage municipal or industrial solid waste; or
(v.) beneficially uses, reuses or reclaims the waste.

In order for one of the generators to serve as a central collection
point for the other generators, he would have to qualify as one of
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Page
the above mentioned facilities. Realistically, the easiest approach
would be for the generator to receive State approval to manage the
consolidated waste shipments.

(b) If the generator does not receive authorization from his
State, he may still receive and store the waste for a
period of time if he qualifies as a transfer facility.
Under D263.12, waste may be stored at a transfer facility
for ten days or less without requiring interim status or
a permit. The December 31, 1980 Federal Register (45 FR
86966) defines the term transfer facility to refer to
transportation terminals (including vehicle parking
areas, loading docks and other similar areas), breakbulk
facilities or any other facility commonly used by
transporters to temporarily hold shipments of hazardous
waste during transportation. It is possible that this
generator facility may qualify as a transfer facility, as
long as the waste is not stored on-site for more than 10
days.

(c) If the waste is not sent to a facility specified under
D261.5(9)(3)(1)-(V), it is no longer conditionally exempt
waste, and each generator must comply with applicable
regulations. Thus, if the generator cannot receive state
approval nor qualify as a transfer facility, he must
obtain a permit for storage of hazardous waste.
D
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FAXBACK 12018

LIABILITY OF A SERVICING COMPANY AS A GENERATOR OF HAZARDOUS
PPC 9451.1980(01)

December 2, 1980

Michael Ridge
Manager, Environmental Health
Carrier Corporation
Carrier Tower
P.O. Box 4000
Syracuse, New York 13221

Dear Mr. Ridge:

This is in response to your letter of August 19, 1980, to
Ms. Eileen Claussen requesting clarification of our RCRA
hazardous waste management regulations as they pertain to
hazardous waste generated in the field servicing of air
conditioning equipment.

Your letter indicates that in servicing air conditioning
equipment owned by your customers, your servicemen may remove
waste oil, spent refrigerant and other materials from such
equipment and, because these materials are to be discarded, they
are solid wastes and may be hazardous wastes. You basically ask
whether your company is a generator of hazardous waste (or
whether the owner of the equipment being serviced is the
generator) and what are your company's responsibilities, if any,
are in managing such hazardous waste.

We interpret our regulations such that, when hazardous
wastes are generated in the servicing of equipment (air
conditioning or other types of equipment), both the owner of the
equipment being serviced and the person (company performing the
servicing are generators and are jointly and severally liable for
performing the generator's responsibilities of Part 262 of our
regulations. We hasten to point out, however, that we will allow
and, in fact, prefer one of these parties to perform the
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Page
generator duties/And, where one party, in fact, does perform
those duties, we will look to that party as the generator and
normally will not bother the other party. However, we feel that,
from an enforcement position, we must hold both parties jointly
and severally responsible. A discussion of this can be found in
the preamble to a recent amendment we promulgated in 45 Federal
Register 72026-72027, a copy of which is Enclosed.

I hope I have helped clarify our regulations for you. If
you would have additional questions, please do not hesitate to
write, call or come see me. I apologize for the tardiness of
this response but we simply have been overwhelmed with requests
for clarification of our regulations.

Sincerely yours,
Gary H. Dietrich
Associate Deputy Assistant Administrator
for Solid Waste

Enclosure

bcc: Filomena Chau w/incoming
Jack Lehman w/incoming
Regional A&HM Division Directors, Regions I, III-X
w/incoming
Water Division Region II w/incoming
-------
QUESTION: A private laboratory generates a variety of hazardous wastes. The la
has about 200 lab technicians who may handle the wastes. Must these lab
technicians be trained to handle hazardous waster, and, if so, must there be
documentation of their training?

ANSWER: The lab technicians must have training to the extent necessary to ensi
safe handling of the wastes. Per §262.34 (a) (4), the generator must comply witt
§265.16 on training of personnel handling hazardous waste. Section 265.16 (d)
requires that training records be kept at the facility. The generator could categor
positions (i.e., supervisors, lab technicians, etc.) and list the individuals names ir
those categories with a description of the training for that group.

SOURCE: Tony Baney (202) 475-8728
RESEARCH: Denise Wright
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QUESTION: If a small quantity generator (SQG) periodically becomes subject to
the 262.34 generator regulations, e.g., only once every five years, must his
personnel training be updated annually per 265.16 (c)?

ANSWER: No; the SQG need only comply with the 265.16 (c) requirements when he
is subject to all of 262.34 which, in this case, is once every five years.
Hence, personnel training would be updated every five years.
FAXBACK 12245
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Page 1 o
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, DC 20460

JANUARY 10,. 1984
Robert R, Staab
Chairman
Baltimore County Delegation
House of Delegates .
2 North Dundalk Avenue
Dundalk, Maryland 21222

Dear Delegate Staab:

Mr. Don Clay referred your November 23, 1983, letter regarding Federal regulatic
on labeling hazardous wastes to my office.

Under Section 262 of the Environmental Protection Agency's (EPA) hazardous wa
management regulations, a generator is required to place certain information on
each container of 110 gallons or less used in transportation. EPA's regulations
further require that this information be displayed in accordance with the
Department of Transportation's (DOT) requirements of 49 CFR 172.304 which
specify that the marking must be durable.

A member of my staff has called DOT regarding your concerns and was advised
that under normal handling conditions, a typed label would be considered durable
DOT cautioned, however, that if the typing were applied to a vinyl label, the typir
would most likely smear and would not, therefore, be considered durable. The
labels used at the firm where your constituent worked, were probably vinyl.'
Unfortunately, while most manufacturers of vinyl labels do not inform consumers
problems resulting from typing, they do recommend the use of a special non-srm
pen to mark the required information.

If you would like to discuss this issue in greater detail, I would suggest that you
contact Mr. Alan I. Roberts, Associate Director for Hazardous Materials Regulatior
Department of Transportation, 8100 Nassif Building, 400 Seventh Street, SW,
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rayc t.
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Faxback 11005
9451.1980(02)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NOV. 18 1980

Juiie R. Cooper
Attorney
Mobay Chemical Corporation
Penn Lincoln Parkway West
Pittsburg, Pennsylvania 15205

Dear Ms. Cooper

This is in response to your letter of November 5, 1980, to
Ms. Filomena Chau requesting an interpretation of our hazardous
waste management regulation.

You indicated that your company hires many independent contractors
and they, in turn, often hire subcontractors to perform various
services including painting, janitorial services, boiler cleaning
and construction. You indicate that these contractors and
subcontractors generate wastes and that some of these wastes may
be hazardous wastes. You state that you normally require your
contractors to remove their wastes from your premises and you indicate
that they may or may not require waste removal by their subcontractors.
Finally, you say that you would like to continue the practice of
having contractors remove their waste but would like to have the
option of assuming this responsibility.

By implication, you are asking who is the generator of hazardous
waste, your company or your contractors (or his subcontractor) EPA
contends that both parties or, as the case may be, all three parties
are generators and are jointly and severally liable for complying
with the generator standards in Part 262 of our regulations (see 45
Fed. Reg. 331410-33148). We do not object to and, in fact, prefer
that only one of these parties, by mutual agreement (e.g., a contract)
perform these responsibilities in fact. We will reserve the right,
however, to hold both or all three parties liable for these
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rage
responsibilities in any enforcement actions we might take as a result
of a violation of the regulations. This interpretation parallels
the interpretation we have taken and discussed in the preamble to a
recent amendment to our regulations (see 45 Fed. Reg. 7202672027,
October 30, 1980).
-2-

Consequently, either your company, your contractor or his
subcontractor can assume responsibility for removing hazardous
wastes generated on your premises and further assume the responsibility
for complying with Part 262 of our regulation, as your company
prefers. But your company, in any case, will have liability for
proper performance of these responsibilities.

We will plan to issue this interpretation in a Regulatory
Interpretation Memorandum in the near future. Pending such issuance,
you can consider this letter to be an official interpretation on
this matter.

Sincerely yours
Gary N. Dietrich
Associate Deputy Assistant Administrator
for Solid Waste

bcc: Filomena Chau w/incoming
Mike Barclay w/incoming
Regional A&HM Division Directors w/incoming
Mobay Chemical Corporation

November 5, 1980

Ms. Filomena Chau
Office of Solid Waste (WH 562)
U.S. Environmental Protection Agency
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
November 4, 1994

The Honorable Tim Johnson ;
U.S. House of Representatives
Washington D.C. 20515

Dear Congressman Johnson:

Thank you for your letter of October 24, 1994 to Administrator Browner
encouraging the Environmental Protection Agency (EPA) to adopt changes to
current RCRA regulations regarding university laboratories. Specifically, you urge
EPA to exempt universities from regulations which require that hazardous waste
generators obtain EPA identification numbers for each site at which hazardous
waste is generated.

The regulations at 40 CFR 262.12 require generators who "treat, store, dispose c
transport, or offer for transportation hazardous waste..1.' to have an EPA
Identification number. Many colleges and universities have asked for clarification
the issue of hazardous waste generator identification numbers because the physi
layouts of campuses can confuse the issue of how many identification numbers a
needed.

In 40 CFR 260.10, EPA defines "Individual Generation Site" as:

...the contiguous site at or on which one or more hazardous wastes are
generated. An individual generation site, such as a large manufacturing plan
may have one or more source of hazardous waste but is considered a single i
individual generation site if the site or property is contiguous.

Many universities are divided by public roads or other rightof-ways that they do
not control. If the entry and exit between two parts of a campus are directly acre
from each other, or across the junction of two crossroads, they are considered
geographically contiguous. However, if a person must travel along a public road I
go from one part of a campus to another, the sites are considered noncontagious
-------
A metropolitan campus may be constructed on a number of city blocks, creating <
situation where campus buildings are separated by city streets and it is necessan
to travel along public streets to go from one part of the campus to another, .t1-
these cases, each generation site (e.g., each city block or each part of campt ,
must be assigned its own EPA identification number and hazardous wastes
transported from one site to another must be accompanied by a manifest. This
includes hazardous waste transported from one campus building to another build
where the buildings are divided by a public street. This requirement was establish
to ensure that hazardous wastes transported along public highways are properly
described on a manifest so that they can be identified in the case of an emergenc

In your example of South Dakota University, two streets run through the univers
and waste from various parts of the campus are consolidated in one area. Becaus
of the varying configurations of colleges and universities, it is difficult to determir
from your description whether waste would need to be transported along public
right-of-ways to reach a consolidation point in another section of the campus. If 1
campus is divided by a road and waste does not need to travel along the road to
reach another portion of its campus, it may be considered an individual generatic
site.

Please be aware that states with authorized programs may impose more stringen
requirements. Generally, when questions are based on site-specific factors, the
determination is best made by the State or EPA Region implementing the RCRA
program for a particular state.

We are aware that universities are interested in developing alternative ways c*
tracking waste shipments that would also ensure the waste is safely managec. ^r
are certainly willing to consider proposals that would be most cost efficient while
still protective. This type of new tracking system would require changes to our
regulations, and of course we would have to consider such changes in light of oui
competing priorities.. If resources permit, the Agency will continue to analyze thi:
issue to see if a change in the regulations for non-contiguous sites is warranted.

We hope this information satisfies your concerns.
Sincerely youi

Michael Shapiro, Direct
Office of Solid Was
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Region 1
1 CONGRESS STREET, SUITE 1100
BOSTON, MASSACHUSETTS 02114-2023
March 27, 2000

Mr. Thomas P. Balf
Nexus Environmental Partners
One Financial Center
Boston, MA 02111

Dear Mr. Balf:

This letter is a reply to your February 4, 2000 and March 1, 2000 e-mails to Lisa Papetti of EP
New England's Office of Environmental Stewardship requesting interpretations of Resource
Conservation and Recovery Act (RCRA) regulations. Your questions specifically relate to the
generation and transportation of hazardous waste at a campus location:

Question One

A university that is a large quantity generator (LQG) of hazardous waste has a remote location
that is a very small quantity generator (VSQG) of hazardous waste. Can the university send
RCRA and DOT trained university personnel to the remote facility and transport hazardous waste
back to the main accumulation area/LQG?

The federal regulations allow shipments of hazardous waste to entities "authorized to manage
hazardous waste" by authorized states. See 40 C.F.R § 261.5(f)(3)(iii) and (g)93)(iii).

The State of Vermont is authorized by EPA to implement regulations found at Vermont
Regulation Section 7-306(c)(2XD). This regulation allows a conditionally exempt small quantity
generator to ensure delivery of waste to another site in Vermont owned and operated by the same
owner as the conditionally exempt small quantity generator that meets the small quantity or large
quantity generator standards. Vermont's authorized regulations also allow a conditionally
exempt small quantity generator to transport his or her own waste without a permit as long as the
generator complies with Section 7-306(c)(3).

EPA is currently working with the Massachusetts Department of Environmental Protection (MA
DEP) and New Hampshire Department of Environmental Services (NH DES) to authorize
similar regulations in those states.
Toll Free -1-888-372-7341
Internet Ad dress (URL) http://www.epa.gov
Recycle/Recyclable Printed w ith Vege table Oil B ased Ink s on Re cycled Pa per (Minim urn 25 % Po stconsu mer)
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Mr. Thomas P. Balf
Page 2
March 27, 2000

Question Two

A private entity is conducting activities in a research building located on property that is
contiguous with that of a university/LQG and under the same EPA identification number. Can
the university send RCRA and DOT trained university staff to the private entity and transport
hazardous waste back to the main accumulation area/LQG? Are there different requirements if
the building is a non-university building? Are there different requirements if reimbursement is
provided for services?

Transportation of hazardous waste throughout a contiguous property is not required to be
accompanied by a manifest and 40 C.F.R § 263 transporter requirements do not apply. The
person who identifies themselves as the generator of the waste by use of an EPA identification
number also takes responsibility for management of hazardous waste from the time it is
generated on-site until it reaches its final destination. This responsibility includes any measures
taken to address releases, emergency coordinator duties and training. If a state has issued one
EPA identification number to the university and the private entity as a whole, the generator (in
this case, the university) remains fully responsible regardless of any business or other agreement
made by an entity located on the generator's property.

EPA allows states flexibility in issuance of EPA identification numbers, and some states issue
separate numbers to distinct entities at one location. You may want to check with the New
England states to clarify the issuance of EPA identification numbers in this scenario. Generators
with separate identification numbers are individually responsible for their waste.

If you have any further questions, please contact Lisa Papetti of EP New England's Office of
Environmental Stewardship at (617) 918-1756.

Sincerely,
Kevin McSweeney
Associate Director of Waste Policy

cc: K. Rota, EPA-OES D. Sattler, CT DEP
L. Papetti, EPA-OES L. Hellested, RI DEM
G. Gosbee, EPA-OEP S. Ladner, ME DEP
M. Hoagland, EPA-OSRR P. Marshall, VT DEC
J. Fowley, EPA-ORC
J. Miller, MA DEP
J. Duclos,NHDES
-------
fc. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
,- Region 1
~1 1 CONGRESS STREET, SUITE 1100
PRO^C
BOSTON, MASSACHUSETTS 02114-2023
March 27, 2000

Mr. Thomas P. Half
Nexus Environmental Partners
One Financial Center
Boston, MA 02111

Dear Mr. Balf:

Question One

The federal regulations allow shipments of hazardous waste to entities "authorized to manage
hazardous waste" by authorized states. See 40 C.F.R § 261.5(f)(3)(iii) and (g)93)(iii).

EPA is currently working with the Massachusetts Department of Environmental Protection (MA
DEP) and New Hampshire Department of Environmental Services (NH DBS) to authorize
similar regulations in those states.
Toll Free -1-888-372-7341
Internet Ad dress (U RL) http^www.epa-gotf
Recycle/Recyclable Printed w ith Vege table Oil B ased Ink s on Re cycled Pa per (Minim urn 25 % Po stconsu mer)
-------
Mr. Thomas P. Balf
Page 2
March 27, 2000

Question Two

If you have any further questions, please contact Lisa Papetti of EP New England's Office of
Environmental Stewardship at (617) 918-1756.

Sincerely,
Kevin McSweeney
Associate Director of Waste Policy

cc: K. Rota, EPA-OES D. Sattler, CT DEP
L. Papetti, EPA-OES L. Hellested, RJ DEM
G. Gosbee, EPA-OEP S. Ladner, ME DEP
M. Hoagland, EPA-OSRR P. Marshall, VT DEC
J. Fowley, EPA-ORC
J. Miller, MA DEP
J. Duclos, NHDES
-------
9441.1989(26)
USEZ.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
5 1989
- - ,~~ . .,
Cynthia V. Bailey
Executive Director
Department of Waste Management
James Monroe Building, Eleventh Floor
101 North Fourteenth Street
Richmond, Virginia 23219

Dear Ms. Bailey:

This letter responds to your March 13, 1989, correspondence
regarding the current regulatory status of hazardous waste
residues removed from "empty containers." In your letter, you
cited the August 18, 1982 Federal Register notice that
discussed this issue but indicated EPA's need to study the
matter further.

The Agency has not yet amended 40 CFR 261.7 to include
regulatory language addressing residues removed from empty
containers. The Agency does not plan to promulgate such
amendments at this time, pending the acquisition of additional
data. Unfortunately, our further study of the issue has been
deferred because of other priorities.

Section 261.7 provides that residues remaining in an "empty"
container are exempt from regulation under Subtitle C as a
hazardous waste. As you are aware, the Agency has interpreted
40 CFR 261.7 to also exempt residues removed from "empty"
containers from hazardous waste regulations (see 45 FR 78524,
November 25, 1980 and 47 FR 36092, August 18, 1982). Residues
removed from "empty" containers are subject to full regulation
under Subtitle C, however, if the removal or subsequent
management of the residues generates a new hazardous waste that
exhibits any of the characteristics identified in Part 261,
Subpart C (for example, by incineration of both a container and
its contents) .

As an authorized State, the implementation of certain RCRA
hazardous waste regulations has been delegated to the
Commonwealth of Virginia. Pursuant to 40 CFR 271.1(1), Virginia
may enforce requirements that are more stringent, more
extensive, or greater in scope than those required under
Subtitl* C of RCRA. You are certainly within your authority to
interpret the authorized State equivalent to section 261.7 more
stringently.
-------
- 2 -

EPA appreciates your concern regarding this issue. Although
there are.no definite plans to address this issue in the near
future, the Agency continually reviews its regulations to
identify changes necessary to ensure protection of human health
and the environment. I would encourage you to submit any data
or information on this issue to Bob Dellinger, of the Waste
Characterization Branch, Office of Solid Waste. Also, if you
should have any additional questions or comments on this issue,
please contact me or have your staff contact Mitch Kidwell, of
my staff, at (202) 382-4805.

Sincerely,
Sylvia K. Lowrance
Director
Office of Solid Waste
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. O.C 20460
IM 5 «oe ANO Msouncis
•KEMORXHDOH

SUBJECT: Han*qamenfe/bf Tfist/SaAs^es as Hazardous Waste
FROM: Howard JKilson, HaHager
Environmental Compliance Program

TO: Environmental Compliance Managers

This memo is intended to clarify a letter from the EPA's
Office of Solid Waste on the management of laboratory samples under
the Resource Conservation Recovery Act (40 CFR Part. 261).

According to 40 CFR Part 261.4 (d)(1), samples collected
solely for the purposes of testing are exempted from the
regulations for .hazardous waste management. I would like to
emphasize that this is a qualified exemption. The samples are
exempt from regulation as long as they meet any of the following
conditions contained in 261.4 (d) (1) (i. .vi):

(i) Being transported from the collector1- to the
laboratory *"
(ii) Being transported from the laboratory back to the
collector following test-ing
(iii) Being stored at the collector waiting to go to the
laboratory
(iv) Being stored at the laboratory before being tested
(v) Being stored at the laboratory after being tested
but before being returned* to the collector
(vi) Being stored at the laboratory for a specific
purpose after being tested (i.e. for a court case
in which the sample is evidence, etc.)

Regulation 261.4 (d) (3) states that the exemption do-»fl not anolv
if the laboratory determines the waste is hazardous and the
conditions listed above are no longer being met.

According to 40 CFR Part 261.5 (a), facilities that generate
less than 100 kg/mo of hazardous waste or 1 kg/mo of acute
hazardous waste are exempt from hazardous waste regulations. This
exemption is also conditional, based on a generator's compliance
with the following:
-------
Determining if their waste is hazardous ; this is
required by 261.5 (b) , which references 261.5 (g) , which
cites 262. IX.

Disposing of their waste- at a facility .authorized to
accept it; this is required by 261.5 (f) (3) and 261.5
O) .
Generators of less than 100 log/mo of hazardous vasts would also be
subject to RC8JL requirements under regulation 262.34 if they
accumulate, for the purpose of disposal, greater than 1000 kg of
hazardous waste.
In s
hazardous
samples held for testing need ;
while they are being tested.
-------
9441.1989(2C
2?
Mr. Gene Rideout
Systems Manager
Dangerous Goods Consultants
P.O. Box C.P. 283
Roxboro, Quebec H8Y 3E9

Dear Mr. Rideout:

This response addresses your letters dated August 30, 1988,
February 7, 1989, and March 15, 1989, regarding the lab sample
exclusion found in 40 CFR Section 261.4(d). It is our
understanding that you wish to transport via private or company
vehicle samples of hazardous waste from Canada into the United
States for analysis. You question whether the samples that you
are shipping must be managed as hazardous waste in the United
States. You would also like to know if it is acceptable to use
a personal or company automobile to transport the sample
material in the United States.

Based upon the information that you have provided, it
appears that the samples are being handled and shipped in a
manner that is outlined in the lab sample exclusion (40 CFR
261.4(d)). Therefore, these samples are exempt from the federal
hazardous waste regulations including the hazardous waste import
requirements as outlined in 40 CFR 262, Subpart E and 40 CFR
264.12. In addition, as long as each shipment is in compliance
with the lab sample exclusion, including the documentation and
packaging requirements of 261. 4(d)(2)(ii), as well as U.S.
Department of Transportation regulations, that may apply, and
any other applicable regulations, the mode of transportation
used is at your discretion.

Please be aware that the applicability of the Resource
Conservation and Recovery Act in a particular State may be
different; therefore, you should contact any RCRA authorized
State through which you may travel.
<)
BATK )
mi^mmmmf^^

rr «.

•••••^••MBB

mm*^^****^—

-------
- 2 -
If you have any further questions or need additional
information, please contact Emily Roth of my staff at
(202) 382-4777.

Sincerely,
Matthew Straus, Deputy Director
Characterization and
Assessment Division
I!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !! !!!!!!!!!!!!!!!!!!! !! !!!!!!!!!!!!
OSW-332-ED-RSCC-8801-LM-4/12/89-RIDEOUT
LM-4/14/89 RIDEOUT
LM-4/24/89 RIDEOUT
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
I WASHINGTON. D.C. 20460
V .-/
SCUO WAS'E AND EMJPG£NCV aE3"G
MEMORANDUM
SUBJECT: Regulation and Permitting of Laboratories
FROM: Sylvia K. Lowrance, Director
Office of Solid Waste
TO: Waste Management Division Directors
Regions I-X
On July 19, 1988, EPA promulgated an exemption for samples used
in treatability studies (53 FR 27290). To help increase awareness
of the new exemption, and to clarify the regulatory and permitting
requirements for laboratories in general, we have prepared the
attached decision tree and a summary of the treatability sample
rule. This is intended to help lab managers and enforcement
personnel understand the regulations. Questions in this area may
be addressed to Stephen Cpchran at FTS-475-9715.

Attachments
-------
c»i
DETAILED FACT SHEET
SMALL-SCALE TREATABILITY STUDIES SAMPLE EXEMPTION
Status: Final Rule, effective July 19, 1988 (53 FR 27290)
OSW Contact: Paul Mushovic

1. Effect of the Rule

The final rule conditionally exempts small quantities of
hazardous waste being utilized in small-scale treatability
studies from the RCRA hazardous waste regulations. Such testing
requires no prior EPA approval. Quantity limitations for
treatability studies are set per waste stream per treatment
process. Limitations are also being set for quantities shipped,
and for treatment rates and storage limitations per facility.

New paragraphs (e) and (f) to 40 CFR 261.4 accomplish the
following. First, persons who generate samples are exempted from
the generator and transporter requirements when samples are
shipped by the generator, or any other person who collects the
sample (the "sample collector"), to a laboratory or testing
facility for the purpose of conducting a treatability analysis,
or when shipped from the facility back to the sample collector,
provided that certain packaging and labeling requirements are
met. Second, any laboratory or testing facility that conducts
treatability studies may store these waste samples and residues
generated from the treatability study within the quantity and
time limits specified and not be subject to the requirements of
40 CFR, Parts 264, 265, and 270. Third, the actual testing of
the samples does not require a permit, provided the laboratory or
testing facility complies with the notification requirements in
the rule and meets the quantity and time limitations specified in
the rule.

Definition and Examples. A treatability study (newly-defined)
subjects a relatively small amount of hazardous waste to a
treatment process. Its purpose is to determine:

- whether the waste is amenable to a treatment process;
- what pretreatment (if any) is required;
- the optimal process conditions;
- the efficiency of the treatment process; or,
- the characteristics and volume of residuals from a
particular treatment process.

A treatability study is not to be used for commercial
treatment or disposal of hazardous waste. Examples of the types
of treatability studies included in the exemption are:

- physical/chemical/biological treatment;
- thermal treatment (incineration, pyrolysis, oxidation,
combustion);
solidification;
- sludge dewatering;
volume reduction;
toxicity reduction; and,
recycling feasibility.
-------
-2-

The rule also allows the following types of waste testing
studies:

- liner compatibility studies;
- corrosion studies;
- toxicological and health effects studies; and,
- other material compatibility studies (e.g., relatina to
leachate collection systems, geotextile materials, other land
disposal unit requirements, pumps and personal protective
equipment).

2. Purpose and Rationale of the Rule

A. Need for Simplified Procedures. The hazardous waste
regulations, when applied to waste samples used in small-scale
treatability studies, are more comprehensive than is necessary to
adequately protect human health and the environment. The Agency
needs to promote research and the development of innovative
technologies to manage hazardous wastes.

B. Factors Limiting Risk. The Agency believes that the
following factors combine to ensure that the risks to human
health and the environment are de minimis;

- the various quantity and time restrictions contained in the
rule; -
- the high cost of collecting and shipping the sample and
conducting legitimate treatability studies;
- certain reporting and recordkeeping requirements that will
enable the Agency to conduct inspections and bring enforcement
actions against persons who abuse this exemption; and,
- Department of Transportation (DOT), U.S. Postal Service
v(USPS), or other regulations governing the transportation of
hazardous materials.

The Agency also believes that sufficient professional and
financial incentives are in place to provide for the safe
shipment of samples to and from, and proper handling of samples
at, laboratories and testing facilities conducting treatability
studies.

3. Limitations Contained in the Rule

Specific limitations in the final rule ensure de minimis risk
to human health and the environment.
-------
-3-

A. Waste Quantity Exempted per waste stream. There are
limits on the amount of waste that can be subject to a
treatability study evaluation per generated waste stream. The
rule exempts (per waste stream per treatment process):

- 1000 kg of non-acute hazardous waste; or,
.- 1 kg of acute hazardous waste; or,
- 250 kg of soils, water, or debris contaminated by acute
hazardous waste.

The rule also allows the Regional Administrator to grant
requests for waste stream quantity limits in excess of those
specified above, up to an additional 500 kg of non-acute
hazardous waste, 1 kg of acute hazardous waste, and 250 kg of
soils, water, and debris contaminated with acute hazardous waste
when it can be demonstrated that an additional quantity of
hazardous waste is needed to complete a treatability study when:

- there has been an equipment or mechanical failure;
- there is a need to verify previous results;
- there is a need to study and analyze alternative techniques
within a previously evaluated treatment process; or,
- there is a need to determine final specifications for
treatment.

3. Transportation Shipment Limits. The Agency has set a
single shipment limitation as follows:

- 1000 kg of non-acute hazardous waste; or,
- 1 kg of acute hazardous waste; or,
- 250"kg of soils, water, or debris contaminated with acute
hazardous waste.

These shipment limitations, covering the exemption from the
RCRA hazardous waste transporter regulations and manifesting
requirements, will apply when the materials are being shipped to
a laboratory or testing facility or returned to the generator or
sample collector.

C. Facility Treatment Rate Limit. The Agency has adopted a
treatment rate limit of 250 kg per day of as received waste for
the entire laboratory or testing facility. "As received" refers
to the waste shipped by the generator or sample collector as it
arrives at the laboratory or testing facility.

D. Facility storage Quantity Limits. The Agency has also
adopted an overall storage limitation of 1000 kg of "as received
waste per testing facility. This limitation can include up to
500 kg of soils, water, or debris contaminated with acute
hazardous waste or 1 kg of acute hazardous waste. The Agency is
making it clear in this rule that the storage exemption only
applies to laboratories or testing facilities conducting
-------
-4-

treatability studies. The rule does not allow for intermediate
storage.

E. Facility Storage Time Limits. Any untreated sample and
any residue generated during the treatability study must be
returned to the generator within 90 days of study completion or
within 1 year from the date of shipment by the generator to the
laboratory or testing facility, whichever is earlier. Otherwise,
these materials must be managed, by the laboratory or testina
facility conducting the treatability study, as a RCRA hazardous
waste (unless the waste is no longer hazardous).

MTUs conducting treatability studies may qualify for this
exemption. The requirements of the exemption apply to each
location where an MTU will conduct treatability studies.
When more than one MTU is operating at one location they will be
treated as one MTU facility for purposes of applying the
limitations.

4. Procedures for Compliance with the Rule

Facilities conducting small-scale treatability studies would
not be required to obtain the permit; and the shipment of samples
to and from facilities would no longer need to be manifested.
There are still certain procedures required to qualify for the
exemption.

A. General Reporting and Recordkeepinq Requirements.
Reporting and recordkeeping requirements are being imposed to
facilitate inspector review, and if necessary, to take
enforcement action. The generator of the sample (who may also be
the shipper or sample collector) and the laboratory or testing
facility conducting the treatability study must keep copies of
contracts and shipping documents for a minimum of 3 years after
the completion of the study.

B. Generator-Specific Requirements. Generators and sample
collectors must also maintain records indicating the following:

- the amount of waste (per waste stream and treatment
process) shipped under the exemption;
- the name, address, and EPA identification number of the
study facility;
* shipment dates; and,
-whether or not any unused sample or any residue generated
from the treatability study was returned.

Beginning in 1989, generators must report this information in
their biennial reports. In addition, generators and/or sample
collectors who seek a variance to submit supplemental sample
material from a particular waste stream must indicate the reason
-------
-5-

for the request, support the additional quantity requested,
account for all sample material previously submitted from the
waste stream, and describe any technical or equipment
modifications and the corrected results.

C. Facility-Specific Requirements. Owners or operators of a
study facility must:

- notify the Regional Administrator or authorized State, by
letter, of the intent to conduct treatability studies at least 45
days prior to conducting any such studies;
- obtain an EPA identification number if it does not have
one;
- maintain records documenting compliance with the specified
time and quantity limits for treatment and storage for 3 years
from the completion of each treatability study.

Specific minimum information, by treatability study, that
must be maintained includes:

- the name, address, and EPA identification number of the
generator or sample collector;
- information on the quantities of and dates that waste
materials were received, stored, and tested; and,
- the date the unused sample and residue were returned to the
generator or, if sent to a designated facility, the name of the
facility and its EPA identification number.

By March 15 of each year, each facility must submit a
comprehensive report to the authorized State or Regional
Administrator that includes the above information for all studies
of the previous calendar year and an estimate of the number of
studies and the amount of waste expected to be used in
treatability studies during the current year.

Additionally, laboratories or testing facilities that do not
return the unused sample or the residues to the generator or
sample collector vithin the specified time limits are subject to
appropriate regulation. Facilities must determine if they meet
the SQG requirements of Subject 261.5 or the accumulation
requirements of Subject 262.34.

5. impact of the Rule

This exemption will reduce the overall costs and economic
impact of EPA's hazardous waste management regulations by
eliminating permitting requirements for laboratories and testing
facilities intending to conduct treatability studies. Facilities
and laboratories will be spared the time (as much as 2 years) and
the costs (estimated to be between $100,000 and $200,000)
otherwise necessary to obtain a RCRA permit. The Agency
-------
-6-

anticipates that most of the estimated 400 facilities which will
be conducting treatability studies will include testing
laboratories, research organizations, colleges, universities,
technical institutes, and those facilities involved in solid and
hazardous waste management.

6. Effective Date of the Rule

The need for more effective hazardous waste treatment
alternatives and the fact that this amendment reduces, rather
than increases, the existing requirements for facilities that
handle waste samples provide good cause to make this rule
effective immediately upon publication notwithstanding Section
4(d) of the Administrative Procedure Act, 5 U.S.C. Section
553(d). This amendment takes effect immediately upon publication
in the Federal Register. The regulations will be applicable only
in those States that do not have final authorization. Because
these changes are less stringent or reduce the scope of the
Federal program, States are not required to adopt this
rulemaking, although EPA strongly encourages States to do so as
quickly as possible. EPA will expedite review of authorized
State program revision applications.

7. Agency Contact

For- further information regarding the Treatability
Studies-Sample Exemption, contact Stephen Cochran at EPA
Headquarters telephone No. 202-475-9715 or FTS No. 475-9715.
-------
— -r\
uetefsnine*
of
STEP 2.
Determine if
material la a waste
STEP 4,
Determine If salM
wraata ta a hazardous
waste
STEP 4.
Treatablilty atudy
exemption
STEP «,
Determine If exempt
reeyotfatg eeeors
STEP «.
Determine If special
recycling occur*
STEP 7,
Determine If other
eooara
Office of Solid Waste
Laboratory Decision Tree
Type of Testing
f26t.4(d) govern*
l***ofidw«*»
per 5261.2?
RCRA Subtitle C .
regulawns do not apply
YES
itted in
5§261.31-03 or doe* it exhibtt
« eharaoanatic of a hazardous
wacte (§§261.20-24)?
RCRA Subtrte C .
regulaaons do not apply
YES
If the activity something
other than a naabity
study (defined in §260.10}?
NO
§261.4<«)«nd(f)
(treatabirty •zempbon)
governs*
YES
Is t»e activity someMng
other than exempt recycling
lin§261.6(aX3)?
Activity i« an exempt
recycing and • exempt
YES
Is the acavity sometfwtg
other tfian tfie speoaj Ibnn
of recyding in §261.8<«X2)?
MO
Activity invotot rtgutetod
ftcyCsftiQ undtf Ptft 266 *
permit for storage may be
required*
YES
Is to eaMty something
other tien §261.6(c)
STEP •.
O«t*rmin« tf atoraga
oeeura
STOP I.
Dcfearmln*
# a
Storage penw may be
rvQUfea, out 9te fecydng
operuon is currenvy not
subject fa regutaeon *
YES
eoeuta
STEP 10.
Verify that aothrity
r*quir«c • permit
Perrnst is required §270.1(c);
check Part 268 tor stonge
en
J
in f260.10) occur?
Actoftycunwtfymaynotbe
I EPA
Permtt to required §270.1(c)
unkMS exetnpt under
f270.t(eK2)«
Check Pert 2«
9 ess> if placemen
onlendislagsd
* Check to eee If stale require
ere nrare stringent
-------
Guidance on Laboratory Testing and RCRA Permitting

This guidance addresses only the issue of whether materials
received by a laboratory must be handled as a hazardous waste
under the federal permit or interim status hazardous waste
management standards. It does not address the issue of the
laboratory which generates hazardous wastes and whether
permitting is required for the laboratory-as-generator.

Individual states (whether authorized under RCRA or not) may
also have requirements that are more strict than the federal
requirements. Thus, although this guidance may indicate that a
particular activity may be conducted without requiring a permit,
in all cases the laboratory director must confirm with the
appropriate state agency whether a permit is required.

Additional assistance on all aspects of the determination
process outlined in this guidance may be obtained by calling the
RCRA/Superfund Industry Assistance Hotline ((800)424-9346,
commercial (202)382-3000; FTS-382-3000).
-------
Step l. Determine the type of testing that will occur.

If the testing is solely to determine a waste, soil, water, or
air sample's characteristics or composition, the sample's
handling may be subject to reduced regulations under 40 CFR
S261.4(d>.

Step 2. Determine whether the material is a solid waste per
§261.2 (or, in the case of contaminated soil or water, contains a
solid waste). {Note: The term "solid waste" does not refer to a
material's physical form, but to its legal status as a waste vs.
commodity.1

This step requires looking at both the status of the material as
it .is handled in the "outside world" and as it is handled in the
laboratory. For instance, an EP toxic wastewater treatment
sludge which is landfilled in the "outside world" is a solid
waste and a hazardous waste; however/ if it is being tested for
reclamation possibilities, it would be neither a solid waste nor
a hazardous waste until the experimental residue* are discarded.
Another example would be an off-specification commercial chemical
product listed in §261.33. If, in the "outside world", it is
sent for reclamation, it is neither a solid waste nor a hazardous
waste. However, if the laboratory intends to incinerate it, it
is both a solid waste and a hazardous waste* Assistance in this
step may be found by referring to the Guidance Manual on the RCRA
Regulation of Recycled Hazardous Wastes (EPA 530-SW-86-015), or
by calling the RCRA/Superfund Industry Assistance Hotline with
details about the specific situation.

Step 3. Determine whether the solid waste is a hazardous waste.

Refer to §261.4(b) to see if it is a "solid waste which is not a
hazardous waste." If it is not excluded by §261.4(b), refer to
§§261.31-261.33, to determine if it is a listed hazardous waste;
if it is not listed, refer to §§261.20-261.24 to determine if it
is a characteristic hazardous waste. For assistance, call
(800)424-9346.

Step 4. Determine whether the laboratory's activity qualifies
for the treatability study exemption at §261.4(e) and (f).

See the July 19, 1988 Federal Register (53 FR 27290). Individual
state* may not recognize this exemption.

Step 5. Determine whether the laboratory will be performing any
of the recycling operations on waste* which are described in
S261.6(a)(3). If mo, the activity i» not subject to federal RCRA
regulation.
-------
-2-
Step 6. Determine whether the laboratory will be recycling
wastes in the manner described in S261.6(a)(2 ) .
I Note: Burning for energy recovery must be legitimate recycling.
Current enforcement guidance uses 5000-8000 BTD/lb aa generated
(not as blended for burning) as the dividing point between
legitimate energy recovery and incineration.)

If so, the regulations in S261.6(a)(2) refer the reader to the
appropriate sections of Part 266. In some cases, these
activities will require permits.

Step 7. Determine whether the laboratory's activity is recycling
which may be (currently) exempt from regulation under S261.6(cK
A storage permit may be required.

Step 8. Determine whether storage of hazardous waste received
from off-site.occurs. If »o, a storage permit is required
(§270.Kc)) unless the activity is specifically excluded from the
permit requirement by $270.1(c)(2) and (3). Check Part 268 for
additional regulation of storage of certain hazardous wastes.
Continue to step 9.

Step 9. Determine whether treatment or disposal (as defined in
$260.10) occur. If so, a permit covering these activities may.be
required (§270.l(c)). Research, Development, and Demonstration
activities may be covered by a special type of permit (see
§270.65). In addition, the laboratory must refer to Part 268 for
restrictions on placement of hazardous wastes on land (if land
placement is proposed).

Step 10. Verify that the activity require* a permit. ,Certain
activities are exempt from the permit requirement (»ee
$270.1(c)(2) and <3)>. In addition, Part 268 contains the
restrictions on land placement of certain haazardous wastes.
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9441.1933'-35)
i UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
I WASHINGTON. O.C- 20*60
f I
Mr. Greg Steele
Safety Officer
National Institute for Petroleum
and Energy Research
Post Office Box 2128
Bartlesville. OK 74005

Dear Mr. Steele:

This is in response to your letter of July 12, 1988,
requesting an interpretation of 40 CFR Section 261.4 (d)
regarding the conditional exemption for samples collected for
testing. After consultation with EPA Region VI, we agreed that
a general explanation of the scope of Section 261.4(d) would
help clarify the issue. You should continue to deal with the
State of Oklahoma regarding an interpretation of the rules as
they apply to your facility. Also, please note that a State ma:
impose requirements more stringent than, or in addition to,
EPA•s.

The scope of Section 261.4(d) is defined by the introductor
paragraph (d)(l), which provides that the sol* purpose of
testing must be to determine th« sample's characteristics or
composition; in other words, to characterize the sample. (See
46 FR 47426; September 25, 1981.)

Paragraph (d)(l)(iv) provides that samples stored in a
laboratory before testing are excluded, and paragraph (d)(l)(v)
and (vi) provide for storage of the sample at a laboratory .for
specific purposes. The rule does not specifically say that all
sample preparation/testing occur at a single laboratory; rather
preparation and splitting of samples is generally viewed as par
of the analytical procedures required for waste characterizatic
and this, in many cases, is not done at the same laboratory tha
does the waste testing. Thus, as long as all the other sectior
261.4(d) conditions are met, this two-stage analytical process
is allowable under the exclusion.
-------
- 2 -

Finally, we note that in your letter you refer to NIPER as
^0-.-* Uie "sample collector." This would only be true, however,
if NIPER personnel actually collect the sample. Being under the
sape contract as the company taking the sample does not make
:;tPER the sample collector. If NIPER is a laboratory, however,
the exclusion could apply as described above.

If you have further questions in this area, please contact
Mike Petruska of my staff at (202) 475-9888.

Sincerely,

Devereaux Barnes, Director
Characterization and
Assessment Division
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944i.l93"(94)
UNITED STATES ENVIRONMENTAL PROTECTION AGEN
WASHINGTON. OX. 20460
Of»'CE
SOLID WASTE AND
Mr. Brian C. Sullivan
306 Secretariat Court
Crestview, Kentucky 41017

Dear Mr. Sullivan:

This is in response to your October 2. 1987, letter to
Congressman Jim Bunning regarding steel drum storage and
refurbishing. I appreciate receiving your viewpoints on the
issues you identified in your letter and hope that this letter
addresses the four specific questions you raised.

Specifically, you asked what chemicals are used to clean
drums. Drums are commonly cleaned with chemical solvents,
caustic solutions, and sometimes water. If the cleaning
solutions meet any of the definitions of hazardous waste in
Title 40 of the Code of Federal Regulations (CFR) Part 261 (copy
enclosed), they are subject to the hazardous waste rules.
Further, the cleaning solutions are regulated by the
Environmental Protection Agency (EPA), and local sewer
authorities to the extent that they are discharged into sewers
or public waters.

In response to your question regarding the measuring of
residue in drums and recordkeeping, the enclosure to this letter
explains how one may manage "empty" drums that previously held
hazardous chemicals. The allowable amount of residue in a drum
is dependent upon the criteria found in Part 261; such as the
number of inches, volume and/or weight. These criteria vary
according to the weight of the drum. If the drum meets the
terms of the above exemption, then the person handling the drum
is not covered under the Resource Conservation and Recovery Act
(RCRA) and is therefore exempt. (The person who manages the
drum could be a transporter, generator, or disposal facility,
among others.) However, I would like to clarify one point you
made in your letter. In your letter, you state that drums can
contain one inch of waste and still be exempt from regulation.
Although this may be true in certain circumstances, persons are
not allowed to leave one inch of waste in the drum if that waste
can be removed; that is, in emptying a drum one must remove Ail
waste that can be removed using the practices commonly employed
to remove materials, but in no case can more than one inch be
left in the drum. Therefore, we believe many drums will only
contain a slight residue. It should also be noted that any
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example, if a drum reconditioner were to accept one drum that
contair.ed hazardous residue in excess of the allowable limits,
he would have to obtain a RCRA hazardous waste permit or would
be in violation of the RCRA rules.

Unfortunately, the EPA does not have specific information on
Queen City regarding how long drums are stored before
reconditioning. As long as the drums are emptied consistent
with EPA rules, the length of storage time is not regulated.
Rather, the limits placed on the residues define a safe level of
residue left in the drum.

In response to your last question, there is a difference
between 110 drums with one-half inch of residue and one drum
full of a hazardous chemical. Generally, the more concentrated
a hazardous chemical, the more harm it may cause when it is
released. Further, it would be impractical to regulate all
drums that contain any amount of a hazardous chemical. The
risks posed by these chemicals are very small.

As mentioned above, I have also enclosed an informational
fact sheet that explains how and when drums that have previously
held hazardous chemicals may be considered "empty* and may
thereby be handled without regulation. If I can be of further
assistance, please let me know.

Sincerely,
J. Winston Porter
Assistant Administrator
Enclosures

cc: Honorable Jim Sunning
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9441.193"(82)
OCT 2 I 1037
NOTE TO: Vic Kimm
Marcia Williams

SUBJECT: Decontamination of Tanker Cars

This responds to your question concerning what requirements
apply to tank cars once the hazardous waste has been emptied from
them. Railroad cars containing a hazardous waste would be
considered containers. Therefore, the container residue limits
and decontamination procedures of 40 CPR $261.7 would apply to
the emptied rail cars. These provisions Include:

1. The tank car would be considered empty if:

a. all waste has been removed using commonly
accepted practices; and

b. no more than 2.5 cm (1 inch) of residue
remains on the bottom of the tank car; or

c. no more than 0.3% by weight of the total
capacity of the tank car remains in the
car.

2. In addition, if the tank car held an acutely hazardous
waste it would be considered empty if it has been
triple rinsed with a solvent capable of removing the
remaining product or it has been cleaned by another
method shown by the literature or tests by the generator
to achieve equivalent removal.

2,4,5-T/Silvex and dinoseb are considered to be acutely hazardous
wastes; EDB is only * hazardous waate.
Suzanne

cc: J. Qreenberg
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RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

AUGUST 87
Manufacturing Process rJni_ts

A nanufacturing process unit that holds methylene
chloride is located within a building that is slated for
demolition. If the owner/operator (o/o) of the unit
closes the building and ceases to operate the unit, how
long does the o/o have before the methylene chloride
must be shipped off-site?

F.rsc, the owner/operator of the unit should
determine if the raethylene chloride would be
regulated as a hazardous waste. If the methylene
chloride is a spent material it would be regulated
as a solid waste if disposed of, used in a manner
constituting disposal, burned for energy recovery,
reclaimed, or accumulated speculatively (Section
251.2(c)(l), (2), (3), and (4)). If the spent
methylene chloride solution contained, before use.
ten percent (10T) or more raethylene chloride, it
would meet either the FOOl or F002 listings in
Section 261.31 and subsequently would also be
regulated as a hazardous waste, assuming the
methylene chloride regulated was utilized for its
solvent properties. If the methylene chloride is a
commer:i«l chemical product and not a spent
material, it would be regulated as a solid waste if
used in a manner constituting disposal, iispose-i
of, or burned for energy recovery (Section
26l.2(c)(l) and (2)). If the product is reclaimed
or accumulated speculativcly it would not be
regulated as a solid waste (Section 25i.2(c)(3) and
(i)). If the solvent is disposed of, used in a
manner constituting disposal, or burned for energy
recovery it is a solid waste and, due to the fact
that it would meet the U080 listing in Section
261.33(f) it would also be regulated as a hazardous
waste.
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RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

AUGUST 87
.\ssu-ning that the -sethylene chloride w o u 1 I be
regulated as a hazardous vaste, 40 C~R Section
251. 4 ( c ) states' that waste generated -. n 3
•nan u fact u ring process unit is not subject to
regulation until the waste exits the unit or anless
the waste remains in the unit for more than 90 jays
after the unit ceases to be operated. The October
30, 1980 Federal Register (46 FS 72024) explains
that this allowance only applies when the generator
is in compliance with Section 252.34. That is.
generators of more than 1000 kg of hazardous waste
per month have 90 days to store the waste without
having to obtain a permit or interim status. As
stated above, for manufacturing process units this
"90-day clock" begins when the waste exists the
unit or when the waste remains in the unit for more
than 90 days after the unit ceases operation.
However, the preamble in 45 FR 72024 states that in
situations where the unit does cease to be operated
for its primary purpose, the "clock" starts when
the operation stops. Thus, the preamble implies
that for the owner/operator of the above unit the
•accumulation period begins the day -hat the
manufacturing process unit is shut down.

It was not the Agency's intent to regulate wastes
\n these units unless * e waste exits the unit or
remains in the unit for aore than 90 days after the
unit is no longer in operation. Therefore,
although there is preamble language to the
contrary, the accumulation period for the
owner/operator of the above unit would begin either
when the vaste exits the unit, or if the waste
remains in the unit for more thmn 90 days, the
clock would then start on day 91.
Furthermore the October 30, 1930 Federal Register
goes on to explain that if hazardous wastes do
remain in the unit for more than 90 days after
cessation of operation, "...EPA believes that these
wastes should be fully regulated and that the units
should be regulated as storage facilities. Thus,
at that point, the owner/operator of the unit would
have to have interim status...** (45 Fjl 72024).

Source: Hike Petruska (202) 475-6676
Matt Straus (202) 475-3551
Research: Chris Bryant
-------
9441.195~(35>
\3
Mr. John Whitehead
Assistant Product Manager
Madison Chemical Industries, Inc.
490 McGeachie Drive
Milton, Ontario L9T 3Y5

Dear Mr. Whitehead:

I am responding to your letter of May 4, 1987, to Mr. Alan
Corson requesting confirmation of your interpretation concerning
the regulation, under the Resource Conservation and Recovery Act
(RCRA), of containers that packaged urethane coating chemicals.

Specifically, you stated that since none of the chemicals
used in your two-part urethane coating system are currently
listed as "P" or "Un wastes in 40 CFR 261.33, the residues in the
containers are not hazardous wastes and, therefore, you would not
need to determine whether the containers are empty in accordance
with 40 CFR 261.7.

Your interpretation is partially correct. Part 261.7 deals
with anv hazardous waste residues left in containers, not just
the commercial chemical products listed in Part 261.33 (or those
hazardous wastes listed in Parts 261.31 and 261.32). Therefore,
it also will be necessary to demonstrate that the container
residues do not exhibit any of the hazardous waste
characteristics (ignitability, corrosivity, reactivity, or
extraction procedure (EP) toxicity) before stating that the
residues are not hazardous. If the residues, in fact, are
hazardous (i.e.. they exhibit a hazardous waste characteristic)
then Part 261.7 should be used to determine whether the container
is empty.

If you require additional information, please contact Ed
Abrams at (202) 382-4787.

Sincerely,

Robert M. Scarberry
Chief, Listing Section

cc: Alan Corson, EPA/OSW
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9441.1937(29)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON. O.C. 20440
APR 3 0 !S57

SOUO WASTC ANO fMfMCKNCv *
Mr. Gordon Davidson
Project Manager for Environmental
Affairs
IT Corporation
600 Maryland Avenue, S.W.
Washington, D.C. 20024

Dear Mr. Davidson:

This is in response to your April 9, 1987, letter in
which you request authorization to transport laboratory
samples and associated laboratory wastes contaminated with 2,
3, 7, 8-tetrachlorodibenzo-p-dioxin from your KnoxvilL*
laboratory back to the Diamond Shamrock Lister Avenue *ite.
You state that the samples originated from the clean-up
associated with this site.

It is my understanding, from a telephone conversation
between you and Doreen Sterling of my staff, that you arc
unsure if the waste in question is actually covered by the
Dioxin Listings. You are, however, handling your waste as
if it were hazardous. Our response, therefore, assumes that
the waste in question is a "hazardous waste".

According to 40 CFR 261.4(d), a laboratory may transport
a sample, which is collected for the sole purpose of testing
to determine its characteristics or composition, back to the
sample collector. Ho approval from the Environmental Protec-
tion Agency (IPA) is required for this action. However,
one* the sample is received at the Lister Avenue site, it
must be managed as a hazardous waste.

You also stated in your telephone conversation with
Doreen Sterling that the associated wastes in question include
lab solvents, protective gear, etc. which were used during
analysis. These wastes are not covered by the provisions of
Section 261.4(d). Rather, these materials either are listed
hazardous waste (i.e., spent solvents) or contain a listed
hazardous waste (i.e., protective gear) and must be managed
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as if it were an acute hazardous waste. However, if the
material* that contain listed hazardous waste are decontaminated
such that they no longer contain the listed waste, they are
no longer subject to Subtitle C regulations. Any rinsate,
generated during cleaning would, however, be an acute hazardous
waste via application of the mixture rule (40 CFR 261. 3 (a) (2).

If you have any further questions, please contact Doreen
Sterling of my staff at (202) 475-6775.

Sincerely,
Marcia E. Williams
Director
Office of Solid Waste
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9441.1986(96)
RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

DECEMBER 86
1. Hastes Generated in Process Units

When, if ever, is waste which is generated in a Safety-Kleen parts
washer regulated under RCRA?

In a May 1986 memorandum "Monthly Report-ROvV'Superfund Industry
Assistance Hotline Report for May 1986", EPA addressed the
regulatory status of parts washers leased from the Saf ety-Kleen
Corporation. At that time, the Agency viewed these parts
washers as manufacturing process units. Consequently, the
wastes generated in the parts washers would be subject to the
exclusion in §261.4(c) and thus would not be regulated unless
removed from the unit or until they had remained in the unit
more than 90 days after the unit ceased to be operated.
Since tiiat time, the Agency has studied this issue further
and has determined that Saf ety-Kleen parts washers cannot be
viewed as manufacturing process units. It is the Agency's
understandijng that Saf ety-Kleen parts washers usually consist
of some sort of cleaning apparatus attached to the ton of a
drum of. solvent material. Solvent is drawn up into the cleaning
apparatus for us« and is discharged back into the drum afterward.
Fallowing a period of use, the solvent in the drum becomes too
contaminated to clean effectively. Periodically, someone from
Saf ety-Kleen exchanges a fresh cleaning unit for the spent
unit, which he will then transport to a Safety-Xleen facility
for recycling. In other situations, the cleaning apparatus
is removed at the operator's site and placed atop a fresh drum
of solvent. Frequently, an operator will accumulate several
drums of spent solvent in this manner before the Safety-Kleen
worker arrives to replace the spent solvent drums with fresh
drums.

Wien the solvent can no longer be used effectively, it is
classified as spent material. A spent material sent for
reclamation is regulated as a solid waste under RCRA, §261.2(c).
Furthermore, if the waste is listed in Subpart 0 of Part 261 or
exhibits any of the characteristics identified in Subpart C of
Part 261, Chen the waste is also regulated as haMrftnm waste
under RCRA. Consequently, when the operator decides the solvent
has become too contaminated for further use, it beuuiiea regulated
as hazardous waste. The operator will thus become a generator
of hnrtr*"""1 waste when the cleaning apparatus is removed fr=m
the drum.

Source: Bob Axelrad (202) 475-8551
Matt Straus (202) 475-6551
Maureen Smith (202) 382-7703

Research: Kris Andersen
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 9441.1986(65)
WASHINGTON. D.C. 20460
SEP 31986
OFFICE OF
SOLID WASTE AND CMtKGENCY *ES*Ors.S£
Mr. Ernest J. Corrado
Vice President
American Institute of Merchant Shipping
1000 16th Street, N.W., Suite 511
Washington, D.C., 20036

Dear Mr. Corrado:

Thank you for your August 6, 1986, letter in which you set
forth the maritime industry legal analysis on the aoplication of
the Resource Conservation and Reovery Act (RCRA) regulations to
vessel wastes. While I do not agree with a number of the conclu-
sions you have drawn regarding Congress1 intent to limit RCRA
jurisdiction to land disposal, I do agree that the Environmental
Protection Agency (EPA) did in fact promulgate an txemption from
RCRA regulation for raw material and product transport vessels.

In my February 5, 1986 letter to Vice Admiral Rots of" the
Coast Guard, we concluded that different types of wastes generated
in vessels were regulated differently under the hazardous waste
rules. This conclusion was based on the intent underlying EPA's
exemption of hazardous waste generated in product or raw material
transport vessels until the waste is purposely removed from the
vessel. 40 CFR $ 261.4(c). We believe that the exemption was
intended to cover only those hazardous sediments and residues
produced in the units containing valuable product or raw material.
As articulated in the preamble to the rule, EPA judged that:

(T)hese hazardous wastes are contained against
release into the environment . . . and the risks
they pose to human health or the environment
are very low and are only incidental to the
risks posed by the valuable product or raw
material with which they are associated (emphasis
added).45 Fed. Reg. 72024,72025 (Oct. 30, 1980).

Sine* wastes generated on other parts of the ship,
including engine room wastes, are not directly associated with
the storage or transport of valuable product, we did not deem any
other hazardous wastes generated aboard the ship to be covered
by the S 261.4 exemption. However, as a result of the points
that you raised in the June 6, 1986 meeting with members of my
staff, we have taken another look at this issue.
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The language of S 261.4(c) refers to hazardous waste
generated in a product or raw material transport vessel as being
exempted/ rather than the product-containing unit itself. EPA
defined the terra "vessel" in S 260.10 to include "every descriotior
of watercraft..../" which describes the whole vessel rather than
any particular tank or unit in the vessel. Thus, we believe that
there is a regulatory basis for considering all waste generated
in the vessel to be exempt from regulation until it is purposely
removed. In addition/ we understand that the regulated community
has relied on this broader view of the exemption since 1980. Given
the fact that there has been substantial reliance for some time
on a legitimate, although unintended, reading of the regulatory
language, we have become convinced that it is reasonable to view
the exemption as extending to all hazardous waste management
activity on the product or raw material transport vessel. However,
as specified in S 261.4(c), all hazardous wastes generated in the
vessel become subject to RCRA regulation as soon as the waste is
removed from the vessel {anywhere within U.S. waters) or within
90 days after the vessel is no longer operated as a product or
raw material storage or transport vessel.

Therefore, when any hazardous waste is removed from the
vessel, the owner of the product or raw material/ the operator of
the vessel, and the person purposefully removing the hazardous
waste from the vessel would all be considered."generators", as
defined in S 260.10 of the regulations. Any of those partres
deemed to be a "generator" of the waste/ therefore/ could perform
any or all of the duties of the generator. As EPA pointed out in
the October 30, 1980 preamble to the rule, the Agency would look
initially to the operator of a central facility operated to
remove sediments and residues from the vessel to perform the
generator duties, which includes obtaining an EPA identification
number. Of course, this should not be construed as requiring a
central facility or terminal to remove hazardous waste from a
vessel. In situations where hazardous wastes generated in the
vessel are not removed at a central facility, the Agency would
look to the vessel operator to perform the generator duties. See
45 Fed. Reg. at 72027.

While we have some concern that the literal reading of
S 261.4(c) exempts from regulation some hazardous wastes that
were not intended to be exempt when EPA promulgated the regulatory
amendment (i.e., waste generated aboard vessels in other, than
product or-iaw material cargo tanks), we believe that such a
literal reading of $ 261.4(c) poses low risk to human health
and the environment for several reasons. First, as indicated in
the February 5 letter/ we do not believe that generation of
hazardous wastes in units not related to product or raw material
storage or transportation, such as bilges, to be a serious problem
while aboard the vessel since the ship itself is designed
to prevent leaks. Second,-to the extent that oily residues from
propulsion systems are not contaminated with listed wastes, such
as spent solvents, the oily wastewater now required to be discharged
-------
to shoreside reception facilities under MARPOL would not meet the
definition of hazardous waste. ^/ Finally, as noted above, any
hazardous wastes generated in oroduct or raw material transport
vessels are subject to RCRA when they are discharged from or
otherwise exit.the vessel. Thus releases to the environment
would still be regulated under RCRA.

I hooe that this has been responsive to your concerns.
Please do not hesitate to contact me if you have any further
questions.

Sincerely,
Marcia E. Williams, Director
Office of Solid Waste
*/ As you correctly point out, EPA has proposed to list used
oil as a hazardous waste; however, EPA is reconsidering the
entire used oil issue. Should the Agency move forward in finalizing
rules in this area, those rules would take into consideration the
special problems of shipboard wastes.
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3441.1986(58)
RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

JUNE 86
c
1. Treatment Studies and Permits

A generator of hazardous waste would like to send hazardous waste
samples to a facility that will perform innovative treatment studies
on the samples. These "treatability studies" involve investigating
new methods or techniques to change the physical/ chemical, or
biological character or composition of the waste and render the
waste less hazardous, or non-hazardous. Wiat regulations ittist a
facility comply with if the facility accepts hazardous waste samples
for treatability studies and the facility uses technology for which
Parts 264, 265 and 266 standards have not been promulgated to date?

On September 25, 1981 (46 FR 47426), EPA excluded samples of
hazardous waste fron PCRA regulations in Parts 262-270 when
stored, transported and tested for hazardous waste characteristics
or composition. This lab sample exclusion is codified as
$261.4(d). Samples of hazardous waste collected for "treatability
studies" are not included in the $261.4(d) lab sample exclusion.
Therefore, "treatability studies" are subject to RCRA interim
status or permit standards in Parts 264, 265, 266 and 270.

The Hazardous and Solid Waste Amendments of 1984 (HSK&) added
Section 3005{g) to provide EPA the authority to issue research,
development and demonstration (RD&D) permits for treatment
activities. The purpose of RD&D permits is to authorize
experimental testing of new hazardous waste treatment technologies
or processes* This new authority has been codified in 40 CFR
S270.65 (50 FR 28752, July 15, 1985). The statute and $270.65(a)
authorize EPA to issue permits for innovative and experimental
hazardous waste treatment technology or process activities,
including those which are not yet subject to RCRA Parts 264.

The EPA is developing Part 264 permit standards for miscellaneous
units (Subpart X) and experimental facilities (Subpart Y). The
Subpart X regulations will provide permit authority for units
that are currently not regulated in 40 CFR Parts 146 and 264.
These units include deep mines, silos, salt mines, thermal
treatment units and open detonation units. The Subpart Y
regulations may replace $270.65 authority and will provide
permit standards for experimental facilities. Proposed regulations
for Subpart X are scheduled for publication in the Federal
Register by the Fall of 1986» Subpart Y is expected to be
proposed at a later date.

Source: Ren Gray, Office of General Counsel (202) 382-7700
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9441.1986(0
UNITED STATE" NVIRONMENTAL PROTECTION AGENCY
JAN 71986
Mr. John L. Cherill
Corning Manufacturing & Engineering
Division
Corning Glass Works
Corning, New York 14831

Dear Mr. Cherillt

This letter confirms our discussion and your letter of late
November with regard to Coming's use of a vacuum truck to filter
the dust and the regulatory status of the "empty" truck.

While the RCRA regulations are not specific in this regard,
you are correct in your assessment that the definition of "empty",
as applied to containers in 40 CPR 262.7, is also applicable to
other situations, such as your truck. Generally, we have supplied
the interpretation that the empty container definition may be
applied to tanker vehicles as well as to containers. Thus, if
you have emptied your vacuum truck by means normally used for
such vehicles, the vehicle is considered "empty* if no more than
one inch of material remains, or an equivalent volume (as defined
in 40 CPR 261.1).

You should be aware that RCRA is intended to be implemented
by the States. When a State has been authorized to conduct the
hazardous waste management program in that Sta,te, their rules
prevail in lieu of the federal standards. YSff should check with
the appropriate State office in the jurisdictions of concern
to you for their interpretation of the regulatory status of your
operations. The interpretation given above in only pertinent to
those States where federal regulations prevail.

If you have any further questions or need additional helo in
the RCRA regulations please call our hotline at 800-424-9346. I
can be reached at 202/382-4770.

Sincerely,
Alan S. Corson
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9441.1936(1
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY —
JAN 71986
Dale D. Parker, Ph.D.
Executive Secretary
Utah Solid and Hazardous Wastes
Committee
3180 State Office Building
P.O. Box 45500
Salt Lake City, Utah 84145-0500

Dear Dr. Parkert

This is in response to your letter of November 5, 1985, in
which you inquire as to the regulatory status of hazardous wastes
remaining in "empty" containers. Specifically, you ask whether
burning of the residue in empty drums constitutes incineration
(treatment) as defined in the RCRA regulations.

The regulations, at 40 CPR 261.7(a)(l), clearly state that
•[ajny hazardous waste remaining in ... an erapty container... is
not subject to regulation under ... RCRA.* Since the residue is
not regulated, its management does not constitute hazardous waste
management. In your referenced example, the burnina of residue
by a drum recycler would not be considered incineration of
hazardous waste and would not require a permit. The management
of the ash and waste from such burning as hazardous is not required
by the federal regulation*} the drum recycler is probably taking
this approach as being environmentally preferable.

I believe this confirms the answer given to you by the RCRA
hotline. Of course. State regulations, in authorized States,
would prevail in lieu of federal regulations and may be more
stringent. If you have further questions please let roe know.

Sincerely,
Alan S. Corson
Branch Chief
Studies and Methods Branch
cc: Connie S. Nakahara
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9441.1985(15)
MAY 2 0 1985 |
Mr. Stanley L. Johnson o
Division of Licensing and Enforcement 5
Department of Environmental Protection a
State douse station 17 \
Augusta, Maine 04333 £

Dear Mr. Johnsont 2

Alan Corson asked me to respond to your letter dated —
April 10, 1985, because we previously collaborated on the £
paper baa issue. Section 261.33(c) considers a container that ^
held a hazardous waste listed in $261.33(e) (P-listed waste) t
to be hazardous waste until the bag is empty as defined in o
S261.7(b)(3). Section 261.7(b)(3)(i) involves triple rinsing i
with an appropriate solvent, (ii) allows cleaning *by another ^>
method that has been shown in the scientific literature, or by w
tests coducted by the generator, to achieve eqivalent removal,* *
and (iii) declares that a container is empty if the liner is ^
removed. Your question was how can paper bags n»et these u»
criteria? The answer is that beating the bags after emptying . o
can oe an alternative to triple rinsing, as the RCRA/Superfund \
dot line explained. *-
a
IK
The Office of Solid Waste had no written policy until _
this letter, but 'bag beating* has been an acceptable alternative x
to triple rinsing on an oral basis probably since 1981. There *f
are, however, no references in the literature that compare the £
removal efficiency of repeated tapping of the outside of an
inverted paper bag vs. triple rinsing that the regulations
seem to require.

Ray Krueger, of the Office of Pesticide Programs, EPA,
said that repeated tapping with a stick is an effective removal
mechanism, thowgfc OPP has no written policy saying so. He
expressed conoern about the worker exposure, and he suggested
an alternative, explained on the enclosed copy of PR notice
483-3, issued March 29, 1983, by OPP, that cites open burning
as a possible disposal method, subject to Federal, State, and
local approval. The pesticide program has data that indicates
that such open burning leaves little residue in the soil,
because the thermal treatment break down the chemicals. Zn
terms of RCRA, the November 25, 1980, (45 FR 78528) preamble
sayss "Forma of container cleaning other than triple rinsing
may constitute treatment...the burning operation is designed <1

i
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to rsaova as* dastroy tha vaataa.. .Thaaa proc«ssaa w,t tha RCRA
definition o£ *traat»ant* and ara thus aubjact to tha r^quirli.-
•»nt« of Fare 2i4 and 265.* Onlavs tha ganarator aat tha
••all quantity ganarator raquiraaants* ganarating lass than
ona kilogram of P-liatad waataa in tba givan calandar «onth,
burning tha bags would ba subjact to RCRA traatwant standards*

I hopa this lattar anawara your quaation for aaptylng
papar bags. If you hava any questions, plaaas faal fraa to
contact MS at (202) 382*2550.

Sincaraly yours*
Irana 8. Bornar
BnrirooBantal Protaction Spaclalist
Studiaa and Hathoda Branch (MH-S*2B)
Bnclosui
cc< Alan S. Corson
RCRA/Suparfund Uotlina
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9441.1984(34)

- _ -..,.. ^/J*/111^0 5TATE* ENVIRONMENTAL PROTECTION A
CATS:

28 NOY
Empty Container Rule
John H. Skinner, Director \ J> 11 *S-
°" Office of Solid Waste (WH-562) ^*t*>
T0 Karl J. Klepitsch, Jr., Chief
Waste Management Branch
0
This is in response to your October 24, 1984, memorandum
in which you requested a clarification of the Headquarters
position on emptying tank cars. Let me reiterate the position
Alan Cor son took during his conversation with Gary Victorine
and relate it to the information included in your memorandum.
At that time, Gary did not emphasize that the tank cars had
bottom valves.

Alan told Gary that if only top unloading is available, the —
tank car is empty only if as much has been removed as possible
and no more than an inch or no more than 0.3% of the total capacity
' (weight) remains. However, the Agency expects bottom valves to
be used, when present, if they provide maximum removal of waste.
^

Likewise, a 55-gallon drum should be emptied as completely
as possible. If pouring from an inverted drum removes more
residual than a hand pump does, then pouring is obligatory. Of
course, removal must be performed to achieve maximum possible
removal, not just to the one-inch level or 0.3% capacity, in order
to produce an empty container according to 40 CPR 5261.7(b) (1).

40 CPR S261.7(b)(l)(i) states in partt *All wastes have
been removed that can be removed using the practices commonly
employed ..., e.o., pouring, pumping, and aspirating....* The
August 18, 1982, preamble says that one inch of waste can be left
in an empty container only if it remains after performing normal
removal operations. Taken together, these citations support the
interpretation that all commonly employed emptying methods
have to be employed to empty a container. "Commonly employed*
refers to the normal practice of industry, not to what a given
person does. Thus, container* that have not been subjected to
all commonly employed methods of emptying are still subject to
regulation.

If you have any further questions on this issue, please do not
hesitate to contact Alan Corson of my staff at PTS-382-4770.

ccs Hazardous Waste Branch Chiefs, Regions I-X
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Special Management
Practices
-------
Exhibit XI
Special Management Practices
Overheads from Presentations
Relevant Federal Regulatory Citations
RCRA Policy Excerpts
EPA Region 2 243
-------
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Exhibit XI-1
Hazardous Waste Handled Under
Special Management Practices
•There are several points addressed in the regulations which do not "neatly" fit into the flow charts.
•These basically go to the question of when a hazardous waste becomes regulated.
EPA Region 2 244
-------
Exhibit XI-2
Hazardous Wastes Produced In

Process Tanks
• A hazardous waste generated in a product or raw material
storage tank, transport vehicle, pipeline or process unit is
not subject to regulation until it exits the unit

Exceptions:

• Unit is a surface impoundment

• 90 days after unit ceases to be operational
§261.4(c)
•The reason for this distinction is to ensure that RCRA doesn't force every process tank under its jurisdiction.
•Without this clarification, any tank or pipe with hazardous sludge at the bottom could be considered a hazardous waste storage tank.
•The exceptions to the rule are to ensure:
- No wastes inadvertently escapes to the environment.
- Process tanks taken out of service do not hold hazardous waste without any management. If wastes are not removed within 90 days, the tank is a
regulated unit and requires a permit.

EPA Region 2 245
-------
Exhibit XI-2
Containers May Also Be Regulated

• If they formerly held a hazardous waste, and
• If the container is not "empty"
§261.7(a)
•Similarly, there needed to be a clarification on when containers formerly holding hazardous waste may be considered to be hazardous waste.
•The purpose is to ensure all hazardous wastes - and their residues in tanks and drums are properly regulated.
EPA Region 2 246
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Exhibit XI-4
A Container Is "Empty" If
For compressed gas, the pressure in container = atmospheric pressure

For acute hazardous waste, the container or inner liner is:
Triple rinsed
Cleaned using equivalent method
Inner liner removed
Hospital Examples:

• Containers of arsenic (PO12)

• Canisters of osmium tetroxide (P087)
•The first is obvious. If the container is at atmospheric pressure, no materials will leave or enter the container. 8 9 ^ 1
•For the "P-listed" wastes, there is concern that even small amounts are hazardous. Therefore, the triple-rinse requirement. &
•Federal rules exempt epinephrine syringes and nicotine patches. From 54 FR 31335, 31336 (July 28, 1989), drug residues residues
remaining in a dispensing instrument to have been used for their intended purpose. The epinephrine remaining in the syringe, therefore, is not a commercial
chemical product and not a P042 hazardous waste. It could be a RCRA hazardous waste, however, if it exhibits a characteristic of
hazardous waste.

EPA Region 2 247
-------
Exhibit XI-5
A Container Is "Empty" If (Cont'd)
• For other hazardous wastes
- Container or inner liner has been emptied using common
practices (e.g., pouring, pumping, and aspirating and
- Holds no more than the following amounts of the wastes
i 2.5 cm, or
i 3.0% by weight (if container < 110 gallons), or
i 0.3% by weight (if container > 110 gallons)
§261.7(b)(l)
•The amounts were added to reconfirm the need to completely empty the container.
•They were also added to facilitate enforcement of the requirement.
•Common practices include pouring, pumping, and aspirating.
EPA Region 2 248
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Exhibit XI-6
Reverse Distribution
• Allows the return of unused pharmaceuticals to the manufacturer or
reverse distributor as a product (i.e., determination to discard is made at
the reverse distributor)
• Allows the return of expired pharmaceuticals
• Waste determination is made at the reverse distributor
• Prohibits the shipping of items that are known to be wastes
• Policy Memos:
- Merck-1981
- BFI Pharmaceutical - 1991
• Returns Industry Association
• www.returnsindustry.com
EPA Region 2 249
-------
Exhibit XI-7
Laboratories
• States and local municipalities often regulate
wastewater discharges
• May also regulate lab fume hood exhausts through a
permitting system
• "Sink Disposal" issues
• Lab Packs
• "Spring Cleaning" issues
• Environmental Resource Guide for Small Laboratories
• www.epa.gov/sbo/labguide.htm
EPA Region 2 250
-------
Exhibit XI-8
Laboratories Pack 49 CFR § 173.12

• Definition: A number of small containers (i.e. jugs and
bottles) of hazardous waste, are individually packaged in
a traditional 55 gallon drum

• This eliminates the need to transfer wastes and reduces
the potential for mixing incompatible materials; but

• This is often the most expensive method
EPA Region 2 251
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Exhibit XI-9
Incompatible Wastes
The term incompatible waste refers to a hazardous waste
which is unsuitable for:
(1) Placement in a container because it may cause corrosion
or decay of the container or inner liner; or
(2) Commingling with another waste or material under
uncontrolled conditions because it might produce
heat or pressure, fire or explosion, violent reaction,
toxic dusts, mists, fumes or gases, or flammable fumes or
gases (Section 260.10)

Containers used to store hazardous waste must be made of or
lined with materials that will not react with and are otherwise
compatible with the waste in the container (Sections
264/265.172)
EPA Region 2 252
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Exhibit XI-10
Incompatible Wastes (Cont'd)
Incompatible wastes and materials must not be placed in the same
container (Sections 264/265.177)

This requirement includes unwashed containers that previously
held an incompatible waste or material. Incompatible wastes or
materials can only be mixed in a manner that will not cause an
adverse reaction, such as an explosion or uncontrolled flammable
fumes (Sections 264/265.17(b))

Appendix V in Part 264/265 provides a list of potentially
incompatible wastes. The list is not intended to be exhaustive.
Adequate analysis should be performed to avoid creating
uncontrolled hazards such as heat generation, violent reaction, fire,
explosion, and generation of flammable or toxic gases.
EPA Region 2 253
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Exhibit XI-11
Incompatible Wastes (Cont'd)
Additional Sources of information on incompatible wastes
are:
- Naval Occupational Safety and Health, and
Environmental Training Center
i http://www.norva.navy.mil/navosh/chartnew.htm
- NOAA's Chemical Reactivity Worksheet
i http://response.restoration.noaa.gov/chemaids/react.
EPA Region 2 254
-------
Exhibit XI-12
Satellite Accumulation Areas (262.34c)

• HW generators may accumulate 55 gallons of HW or one
quart of acute HW in containers at or near any point of
generation where wastes initially accumulate, which is
under the control of the operator of the process
generating the waste, without a permit or interim status
provided

• The container is in good condition

• The waste is compatible with the container and only
other compatible wastes will be added to the container
EPA Region 2 255
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Exhibit XI-13
Satellite Accumulation Areas (Cont'd)

• The container is always kept closed except when waste is
being added or removed
• The container is marked either with the words "Hazardous
Waste" or with other words that identify the contents of the
container
• Once the above volume limits are exceeded, you must
remove the waste )to an accumulation point, permitted
storage, or ship the waste off-site), within three days
• You must also comply with any additional state
requirements, as applicable
EPA Region 2 256
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Exhibit XI-14
90-Day Storage Areas
40 CFR § 262.34 allows a facility to accumulate any
quantity of waste in containers, tanks, drip pads, and
containment buildings for up to 90 days without a
permit, provided that you meet the technical standards
for the containment unit

LQGs that meet all technical standards for hazardous
waste accumulation also may treat the waste without
obtaining a RCRA permit
EPA Region 2 257
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Exhibit XI-15
90-Day Storage Areas (Cont'd)

• Generators must clearly mark the date that accumulation begins
on each container storing hazardous waste so that it is visible for
inspection

• LQGs are also responsible for complying with "preparedness and
prevention" requirements in the event of emergencies. In
addition, you must prepare a written contingency plan and train
employees on hazardous waste management and emergency
response

• If your facility accumulates wastes for more than 90 days, it is
considered a storage facility and must follow regulations
described in 40 CFR Parts 264 and 270, unless you have been
granted an extension by your EPA Regional Administrator
EPA Region 2 258
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Exhibit XI-16
Disposal Down the Drain

• Beware of septic system hook-ups and floor drains. Any
hazardous waste disposed down the drain could be both a
RCRA and SDWA (UIC) violation

• Do not dispose of chemicals in sinks without prior approval
from your publicly owned treatment works (POTW)

• Be wary of RCRA hazardous wastes that may not reach
treatment plants (e.g., volatilization or pipe leaks)
EPA Region 2 259
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Exhibit XI-17
Best Management Practices (BMPs)
• Reverse Distribution of Expired Pharmaceuticals
• Top Down Policy Making
- Management supporting good waste management leads
to better compliance records
• Regular Self-Audits
• Good Employee Training
• Operating Room Kits
- Reuse parts of OR kits that are not expired
• Environmentally Preferable Purchasing (EPP): PVC and
Mercury Free
EPA Region 2 260
-------
Exhibit XI-18
Best Management Practices (BMPs)
(Cont'd)
• Minimize Pesticides
• Minimize Red Bag Waste
- Put regular solid waste in regular trash
• Know Where Your Waste Is: Computer Tracking
• The Resource Conservation Challenge
- www.epa.gov/rcc
• Performance Track
- www. epa. go v/performancetrack
EPA Region 2 261
-------
Exhibit XI-19
Hazardous Waste Contacts
(EPA Region 2)
• For more information about hazardous waste requirements
for hospitals and healthcare:
- EPA Region 2 RCRA Compliance Branch
i Steven Petrucelli, (212) 637-3129
i General number, (212) 637-4145
- EPA Region 2 Compliance Assistance Program
i Diane Buxbaum, (212) 637-3919
- EPA Region 2 Solid Waste Program
i Lorraine Graves, (212) 637-4099
EPA Region 2 262
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Exhibit XI-20
Hazardous Waste Contacts
(EPA National & States)
• EPA RCRA Hotline (800) 424-9346
• New York State DEC Hazardous Waste Generator
Hotline (800) 462-6553
• New Jersey State DEP Bureau of Solid and Hazardous
Waste Enforcement (609) 584-4250
• Caribbean Environmental Protection Division (787) 729-
6951
EPA Region 2 263
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Exhibit XI-21
Relevant Federal Regulations
40 CFR Part 261
26L4(c),(d),(e),(f)
261.7
261.8

40 CFR Parts 264 and 265
Appendix V- Incompatible Wastes
EPA Region 2 264
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Exhibit XI-22
Other Guidance
Guidance Material on Special
Management Practices
EPA Region 2 265
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Preparedness and Prevention

Regulatory Requirement - Section 262.34(a)(4)
"... a generator may accumulate hazardous waste on-site for 90 days or less without a
permit or without having interim status provided that... the generator complies with the
requirements for owners or operators in Subparts C and D in Part 265 ..."

Part 265 Subpart C— Preparedness and Prevention, contains the following sections:

• 265.30 - Applicability
• 265.31 - Maintenance and operation of facility
• 265.32 - Required equipment
• 265.33 - Testing and maintenance of equipment
• 265.34 - Access to communications or alarm system
• 265.35 - Required aisle space
• 265.37 - Arrangements with local authorities

Maintenance and Operation of Facility

Regulatory Requirement - Section 265.3l(a)
"Facilities must be maintained and operated to minimize the possibility of a fire,
explosion, or any unplanned sudden or non-sudden release of hazardous waste or
hazardous waste constituents to air, soil, or water which could threaten human health or
the environment.''

Interpretive Guidance
Facilities should be designed, constructed, maintained, and operated in a manner that minimizes
the possibility for emergency incidents (fire, explosion, or release of hazardous waste) through
the use of fire protection systems, standard operating procedures, effective maintenance
schedules and programs, and comprehensive emergency response procedures. In addition to
these factors, incidents and any impacts can be further minimized through compliance with the
regulatory requirements related to the management of hazardous waste itself. Some additional
prevention and preparedness elements include:

1) Locating hazardous waste containers and tanks away from high-traffic areas and
uncontrolled floor drains.
2) Providing secondary containment in hazardous waste container storage/accumulation
areas through the use of chemical-resistant coatings or secondary-containment pallets (a
regulatory requirement for accumulation in tanks).
3) Ensuring the compatibility of waste with containers and tanks (regulatory requirement).
4) Keeping incompatible wastes separated (regulatory requirement).
. 5) Keeping containers closed and labeled for easy identification (regulatory requirement).
CDPHE 2
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Regulatory Requirement - Section 265.31 (b)
"Facilities which are not provided with fire protection services by a fire protection
district or municipal fire department must be maintained and operated in accordance with
a plan for providing their own fire protection and prevention which has been approved
by the Department..."

Interpretive Guidance
The fire protection plan needs to be approved by the Colorado Department of Public Health and
Environment, Hazardous Materials and Waste Management Division. Refer to the Colorado
Hazardous Waste Regulations [Section 265.31(b)(l) through (5)] for guidance on the specific
requirements for this plan.

Required Equipment

Regulatory Requirement - Section 265.32(a)
"All facilities must be equipped with the following, unless none of the hazards posed by
waste handled at the facility could require a particular kind of equipment specified
below:

(a) An internal communications or alarm system capable of providing immediate
emergency instruction (voice or signal) to facility personnel."

Interpretive Guidance
An easily accessible internal communications system capable of providing immediate
emergency instruction to facility personnel may vary depending on facility size and function.
For small shops, the human voice may be sufficient to alert personnel. For larger shops, or for
facilities with multiple functional areas, an intercom or loud speaker system, fire pull stations,
or other types of alarm/communication systems may be necessary.

Example
The operations building at ABC Corporation is equipped with 15 wall-mounted switches tied
into an electric bell alarm and light system. Ten switches are located in production areas,
adjacent to each of 10 work stations, and five are located in storage areas. The switches are
clearly marked for rapid identification. Workmen are instructed to keep the surrounding areas
free of obstructions. Activation of any individual switch will sound all bell alarms and lights in
the svstem.

Regulatory Requirement - Section 265.32(b)
" (b) A device, such as a telephone (immediately available at the scene of operations) or
a hand-held two-way radio, capable of summoning emergency assistance from local
police departments, fire departments, or State or local emergency response teams;"
CDPHE 3
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H2E Tools/Resources: Universal Waste
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Universal Waste
What is Universal Waste?
"Universal waste" refers to commonly discarded products, .including batteries,
pesticides, thermostats, and lamps, and may also include antifreeze, or cathode ray
tubes depending upon your state's universal waste rule. Universal wastes, if not
recycled, exhibit characteristics of hazardous materials and must be managed as
hazardous wastes. Because universal wastes are commonly used products and pose a
relatively low risk during accumulation and transport, managing these wastes by
recycling them according to "universal waste guidelines" facilitates environmentally-
sound collection and increased recycling of these materials. Check your state specific
regulations, found on the EPA .Universal Waste E3EE^ we^ s^Gr or on yOUr state
environmental regulatory agency web sites.

Federal Universal Waste Guidelines
These regulations have streamlined hazardous waste management standards for the
federal universal wastes (batteries, pesticides, thermostats, and lamps). The
regulations govern the collection and management of these widely generated wastes.
These regulations are set forth in 40 CFR part 273. l'-'~-*E£$

For more specific information, check the following Universal Waste topics:
• Batteries
• Fluorescent Light Bulbs
• Electronics

Batteries

Why Should Hospitals Recycle Batteries?
Billions of batteries are bought, used, and thrown out in the United States every year.
Many batteries contain toxic constituents such as mercury and cadmium, posing a
potential threat to human health and the environment when improperly disposed.
Although batteries generally make up only a tiny portion of the municipal solid waste
stream — less than 1 percent — they account for a disproportionate amount of the
heavy metals. EPA has reported that, as of 1995, nickel-cadmium batteries accounted
for 75 percent of the cadmium found in the municipal solid waste stream. Since the
early 1980s, manufacturers have reduced their use of mercury by over 98 percent.
Many manufacturers are also designing batteries for a longer life and are producing
more rechargeable batteries each year. The National Electrical Manufacturers
Association has estimated that U.S. demand for rechargeable batteries is growing
twice as fast as the demand for non-rechargeable batteries. Because batteries
disposed of in municipal landfills and trash incinerators can disperse significant
amounts of heavy metals and other toxic substances into the air and water, battery
waste prevention and recycling strategies are essential.

Rechargeable Battery Recycling Corporation (RB.RC) E2E£E$> js a non-profit, public
service organization that recycles rechargeable batteries - nickel-cadmium (Ni-Cd),
nickel metal hydride (NiMH), Lithium Ion (Li), and small sealed lead batteries. RBRC
http://www.h2e-online.org/tools/univwast.htm
2/22/04
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H2E Tools/Resources: Universal Waste Page 2 of 3
educates rechargeable battery manufacturers, retailers, and users in North America
about the benefits and accessibility of rechargeable battery recycling and implements
recycling programs where none exist. Businesses and agencies with large quantities of
batteries can sign up with RBRC to implement their own collection programs.

Earth 91.1 E3EEJ> helps you locate battery recyclers in your area by inputting your zip
code.
EPA's 'Universal Waste website. EHEE" jab Tesnau is EPA's Universal Waste contact
(703-605-0636 or tesnau.tab@epa.gov)

The National Electrical Manufacturers Association (NEMA) represents alkaline battery
manufacturers, among other industry members, and maintains an unverified iist of
companies that collect, recycle, or treat used batteries. **5I2;|»

The Institution Recycling Network &MS& \s a cooperative that improves the financial
and operating results for recycling programs at colleges and universities, hospitals,
nursing homes, private schools, and similar institutions. The Network's core services
are cooperative marketing of recycled materials, and cooperative purchasing of
recycling-related supplies and equipment.
Battery Recovery. Laws Worldwide - 2001 Update. Baffi y^is 80-page report reviews
the current state of battery takeback initiatives worldwide. The report includes
summaries of takeback and labeling regulations for rechargeable and household
batteries in 24 countries. The report's 55-page appendix includes tables of federal,
state, and international laws.

Electronics JShpp. -.. Sp.e.nt.Battery..Management EaEE^
This article from EPA covers battery disposal. Note that this article says California
regulates alkaline batteries as hazardous waste due to zinc. The HW characterization
requirements of Alaska, California, Minnesota, Rhode Island and Washington include
bioassay, a more stringent process.

Fact Sheet: Disposal of Alkaline Batteries
This fact sheet from EPA is intended for users of alkaline batteries. It describes how
alkaline batteries should be handled, provided general information on regulations
governing these batteries and gives suggested disposal procedures.

Battery Round-Ups: Get ..Charged!
(PDF format, 2 pages, 277KB, requires Acrobat Reader to view)
Health Care Without Harm
November 2001

Mercury-Containing and Rechargeable Battery Management Act
A factsheet by the OEPA Environmental Law Summary.

Fluorescent Light Bulbs
Fluorescent Lamp Recycling; 10 Steps to a Successful Program
(PDF format, 4 pages, 396KB, requires Acrobat Reader to view)
A Fact sheet from the Hospitals for a Healthy Environment (H2E) Program. This guide
also contains links to other resources for fluorescent lamp recycling.
http ://www .h2 e-online. org/tools/uni vwast. htm 2/22/04
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H2E Tools/Resources: Universal Waste Paye 3 of 3
Fact Sheet on Purchasing Low-Mercury Fluorescent Lamps t^E^-f'
The fact sheet, developed by INFORM, Inc., an environmental research organization,
includes recommendations for lamp-purchasing contracts, advice on how to ascertain
that a lamp is low mercury, and other purchasing considerations. Purchasing for
Pollution Prevention: The Lowdown on Mercury in Fluorescent Lamps is available at
http://www.inforrninc.prg/fact_.P3fluprescentiamps.php '<-~*~3~?3i>
Guide To .Disposal And Recycling _Fpr Mercury-Containing Lightbulbs '^3S^
North Carolina P2

Flourescent Bulb - Mercury Conversion Spreadsheet
(XLS format, 1 sheet, 30KB, requires Microsoft Excel Viewer to view)
This spreadsheet calculates the amount of mercury and materials recycled for each
bulb recycled enabling you to track and report on this information.

Electronics

Visit the Electronics topic of the Green Purchasing section of the H2E web site.
For software to view files not supported by your browser, visit our application download page

H2E Disclaimer Back to Top
Last Updated: November 13, 2003
URL: http://www.h2e-online.org/tools/univwast.htm
http://www.h2e-online.org/tools/univwast.htm 2/22/04
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x£7 PHARMACY

This Chapter is designed to assist you in identifying high priority chemicals used in the pharmacy that have
been illuminated with the H2E Prioritization Tool and either substituting less toxic chemicals or, in the case
of therapeutic agents, minimizing waste generation . These chemicals are problematic with respect to toxicirv,
regulatory status, and volume.
PRIORITY CHEMICAL USE ELIMINATION/REDUCTION
TIP
Cyclophosphamide
Daunorubicin
Di-(ethylhexyl) phthalate
(DEHP)
Epinephrine
Lindane
Mercury (as Thimerosal™)
or phenylmercuric acetate
Nicotine
Nitroglycerin
Phenol
Propane/isobutane
Selenium
Selenium sulfide
Warfarin sodium
Therapeutic Agent
Therapeutic Agent
Intravenous bags and tubing
Respiratory
therapy/Gastrointestinal tubing
Therapeutic agent
Lice & Scabies treatment
Preservative in nasal sprays,
vaccines, contact lense solutions,
insulin, thermometers.
Therapeutic Agent
Therapeutic Agent
Therapeutic Agent
Preservative
Aerosol propellant
Trace Mineral Supplement
Shampoos
Therapeutic Agent
• Work carefully when
preparing to reduce waste.
• Work carefully when
preparing to reduce waste.
• Substitute non-PVC products.
• Ensure proper management of
expired, unused and partially
used drug.
• Is considered a hazardous
chemical waste when disposed
of. '
• Substitute permethrms,
pyrethrins, crotamiton and/or
fine toothed comb.
• Use single dose vials or
treatment units.
• Work with purchasing
department to identify and
purchase vaccines that do not
contain mercury as a
preservative.
• Send letters to manufacturers,
Group Purchasing
Organizations requesting
mercury- free formulations.
See Mercury Chapter for
examples.
• Reduce waste generation.
• Reduce waste generation.
• Use alternatives for both active
ingredient or preservative,
" Use non-aerosols when
available.
* Reduce Waste generation.
• Use alternative when possible.
• Reduce waste generation.
(,hctnical Mmimixatton Plan
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/'-- WASTE MINIMIZATION AND TREATMENT RECOMMENDATIONS
Pharmaceutical waste can be generated anywhere in the hospital due to spills and breakage, but will most
likely occur in the nursing units, surgery suites, emergency room and, most commonly, in the pharmacy itself.
Pharmaceutical waste will occur in the following situations:

• Breakage and spills
• Partially used syringes,1 vials, creams, ointments, liquids
* Compounding residues, especially during IV preparation
• Outdated drugs, including samples, if not properly managed.
• Discontinued, unused preparations
• Unused re-packs (unit dosed items)
» Discontinued in-dated pharmaceuticals
• Patients personal medications

The Pharmacy Department is unique in the area of hazardous chemical waste minimization in that pharmacy
personnel usually do not have the option to select a less hazardous chemical, from a waste perspective, to get
the job done. However, clinicians can be alerted by the pharmacy of its efforts to decrease the most
hazardous chemicals and suggest efficacious substitutes for them. For example, in the treatment of head lice,
malathion, (Ovide®, Medicis®) while still a relatively toxic chemical, is a safer prescription alternative to
lindane.2 Safer still mechanical removal of lice and nits using a fine toothed comb. Usually, in most
applications the therapeutic effectiveness must, of course, take precedence. Generally then, hazardous waste
minimization efforts in the Pharmacy Department must usually focus on waste reduction rather than
substitution of a less toxic item. The following strategies can be employed to accomplish this goal.

Chemotherapy Waste Management
Much confusion exists around proper chemotherapy waste management. Check the waste acceptance
protocols of vendors offering "chemotherapy waste" containers. Most will accept only EMPTY vials,
syringes and IV bags and paraphernalia, often known as "residue or trace" chemotherapy waste. Bulk
chemotherapy waste, e.g. any remaining contents that could be removed by normal means, must be
evaluated as a possible hazardous chemical \vaste and stored in a hard plastic container labeled
"Hazardous Waste." (see the Hazardous Chemical Waste Identification section of this plan). This
waste should be disposed of with other chemically hazardous waste generated by the facility. Set-
Appendix F for identification of U-listed chemotherapy agents.

Professional judgment also suggests that prudent risk management of non-listed but equally toxic
chemotherapy agents would involve inclusion of these items in the chemical hazardous waste stream.
•Again, these wastes stream should not be confused with "red-bag" or infectious hazardous waste.

Improve inventory control.
" Determine min/max order points for each item stocked in the Pharmacy Department ensure that
inventory is purchased in appropriate quantities and used prior to expiration.

• Purchase vials and similar items in the smallest available package size needed based on usage. 11
pharmaceuticals routinely expire due to the size of the carton available, notify your group purchasing
organization and request that they negotiate for more appropriate manufacturer packaging.
1 Syringes containing epinephrme, which are contaminated through patient contact, must be treated as regulated medical
waste under the Blood Borne Pathogens Act.

2 Retail Pharmacy News, August 2000, p. 14.

Chemical Minimization Plan
-------
• Rotate potentially hazardous waste such as epinephrine syringes out of emergency carts and into more
active areas such as the Emergency Room or Operating Suites prior to outdating (three months or more
dating is recommended for emergency carts).

Outdated Inventory Management.
• Routinely remove outdated pharmaceuticals from patient care areas including clinics through monthly
audits by pharmacy personnel.

• Ship outdated pharmaceuticals to a qualified reverse distributor every three to five months. If outdates
are sorted at the pharmacy, non-returnable items become waste at the facility and must be managed as
such, thereby possibly increasing the hazardous waste generator status of the facility. The EPA
considers an outdated drug to remain a product until the decision is made to discard it. At that time and
place, the product becomes a waste and must be managed as such1-2. Due to the constantly changing
nature of manufacturers' return policies, by shipping all outdates as product to the reverse distributor,
maximum credit can be obtained for the pharmacy and the reverse distributor becomes the waste
generator if the item cannot be returned to the manufacturer. The facility does have the responsibility of
choosing a reverse distributor that understands the EPA regulations and complies with them."'

Mercury Reduction
Where possible, mercury-containing products should be eliminated. In the case of mercury-based
preservatives, the use of single dose vials or treatment units may significantly reduce the number of products
containing mercury. Manufacturers have begun reformulating vaccines and other preparations using other
preservative agents and should be encouraged to continue their efforts. For more information on mercury,
refer to the Mercury Chapter.

I.V Preparation
Whenever possible, waste from I.V. preparation should be kept to a minimum by using the appropriate si/e
stock vial, especially when preparing chemotherapy or other highly toxic preparations. Spillage should be
kept to a minimum by encouraging efficient compounding procedures.

Patient Care Areas
Nursing personnel should be alerted to the dangers of spills and breakage of highly toxic pharmaceuticals.
Med carts and other dosage preparation areas should be kept free of loose vials and ampules to avoid
breakage. When breakage does occur, procedures should be in place to avoid personnel or patient exposure
and to insure appropriate spill cleanup and waste management.

Patients' Personal Medications
Medications brought to the facility by the patient are the personal property of the patient and should be
returned to the patient or the patient's representative at the time of discharge. If the prescription has been
discontinued or dosage changed, information to that effect should be communicated to the patient with
instructions to dispose of the medication at the patient's residence.
1 Letter from Alan Corson, Chief, Waste Characterization Branch, Hazardous and Industrial Waste Division, ()ffice of
Solid Waste, USEPA, to Steven Wittmer, Merck, Sharp and Dohme, May 13,1981.
2 Letter from Sylvia Lowrance, Director Office of Solid Waste, USEPA, to Mark Schulz, Pharmaceutical Services Inc.,
Browning Ferris Industries, May 16, 1991.
•' "Guidelines for Reverse Distributors: Minimum Federal Regulatory Standards" is a publication available from the
Returns Industry Association, 8000 Towers Crescent Drive, Suite 1350, Vienna, Virginia 22182. 703-847-3696,
www.re tumsmdustry.com.

Chemical Mimmi/ntion Plan
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Compliance Incentives: Rewarding Voluntary Discovery, Disclosure, Correction, and Pre... Page 1 of 2
P'/'L '".•f.'t'', n P [, f

Region 2 Compliance
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EPA Home > Region 2 > Programs > Compliance > Incentives
Compliance Incentives
Rewarding Voluntary Discovery, Disclosure, Correction, and Prevention of
Violations
Did you recently conduct a voluntary
environmental audit of your facility and find
violations?

Do you believe that it is only a matter of time
before a regulatory agency finds out?

If you answer yes to both of these questions,
you might want to take advantage of EPA's
Voluntary Audit Policy. Under this policy, EPA can substantially reduce civil
penalties for those that voluntarily disclose and promptly correct violations that
are identified through self-policing and meet certain other specified conditions,
except in cases involving serious harm to public health or the environment.

In most cases, the "gravity" (punitive) component of the penalty may be fully
eliminated, but EPA would still be able to collect any economic benefit as a
result of non-compliance.

This site provides you with information 'concerning environmental audits and
EPA's compliance incentives for self-auditing. In particular, you will find
information on:

U.S. EPA's Audit Policy

How to Make a Voluntary Disclosure Under EPA's Audit Policy

EPA Region 2 Audit Policy Cases

Q's & A's on EPA Audit Agreements

EPA Region 2 Audit Agreements

EPA Audit Policy Guidances and Resources

Self-Assessment Tools (e.g., compliance checklists, audit protocols)

EPA Region 2 Environmental Auditing Program for Small Businesses
New! Healthcare
Initiative/Audit Policy
Presentations
EPA Region 2's Healthcare
Compliance initiative

EPA's Audit Policy

Attention Small
Businesses!
EPA Region 2 offers free on-site
consultations. Click here to learn
more about our environmental
auditing program

Spotlight on Coiieges
and Universities
EPA Region 2 has embarked
upon a colleges and universities
compliance initiative because we
found that many such institutions
were not aware of their
responsibilities under various
environmental laws. As part of
this initiative, we are
encouraging education
institutions to come forward and
disclose violations under the
Audit Policy. To date, Region 2
has received 48 Audit Policy
disclosures from educational
institutions and has entered into
"campus-wide" audit agreements
with 4 universities.

For more information on this
initiative, visit our college and
university Web site
http://www.epa.gov/cgi-bin/epaprintonly.cgi
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   Healthcare Environmental Assistance Resources
   Pollution Prevention and Compliance Assistance
   for Healthcare Facilities

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Wastes: Solvent-Contaminated Industrial Wipes                                        Page 1 of 2
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                      EPA Home > Wastes > Waste Identification > Solvent-Contaminated Industrial Wipes


 Solvent-Contaminated  Industrial  Wipes


 Hazardous Waste Management System: Identification and Listing of
 Hazardous Waste: Conditional Exclusions from Hazardous Waste and
 Solid Waste for Solvent-Contaminated Industrial Wipes; Proposed Rule
 - November 20,  2003

 EPA is proposing to modify its hazardous waste management regulations under the Resource Conservation
 and Recovery Act for certain solvent-contaminated materials, such as reusable shop towels, rags,
 disposable wipes and paper towels. Specifically, EPA is proposing: to conditionally exclude from the
 definition of hazardous waste disposable  industrial wipes that are contaminated with hazardous solvents
 and are going to disposal; and, to conditionally exclude from the definition of solid waste reusable industrial
 shop towels and rags that are contaminated with hazardous solvents and are sent for laundering or dry
 cleaning (hereinafter referred to as disposable industrial wipes and reusable industrial wipes, respectively).
 This proposal affects contaminated industrial wipes being sent to both landfill and non-landfill (e.g.,
 laundries and combustion) facilities and is applicable to: industrial wipes exhibiting a hazardous
 characteristic (i.e., ignitability, corrosivity,  reactivity, ortoxicity) due to use with solvents; or industrial wipes
 contaminated with F001-F005 spent F-listed solvents or comparable P- and U-listed commercial chemical
 products that are spilled and cleaned up with industrial wipes.

 This proposal would resolve, at the federal level, long-standing issues associated with the management of
 solvent-contaminated industrial wipes by: facilitating pollution prevention and waste minimization
 opportunities, including the recycling of the spent solvents extracted  from contaminated industrial wipes;
 fostering improved solvents management by generators and handling facilities; reducing compliance costs;
 increasing consistency in the regulations governing solvent-contaminated industrial wipes across the United
 States; clarifying existing federal rules; and creating flexibility for generators to work with industrial laundries,
 as appropriate, to ensure compliance with local pretreatment standards established by Publicly Owned
 Treatment Works (POTWs).

 Additionally, the proposal contains the Agency's proposed response  to rulemaking petitions filed by the
 Kimberly-Clark Corporation and the Scott Paper Company.

 Background information for this notice is available through EPA's electronic public docket and comment
 system, EPA Dockets. The docket number is RCRA-2003-0004.

      Federal Registers:

          •  Proposed Rule - November 20, 2003
            Adobe PDF File [255 KB] || HTML
          •  Extension of Comment Period - January 30, 2004
            Adobe PDF File [36 KB]

      EPA Proposes Conditional Exclusions from the Definition of Hazardous Waste and the
      Definition of Solid Waste For Solvent-Contaminated Wipes [Fact Sheet]
      Adobe PDF File [15 KB]
http://www.epa.gov/cgi-bin/epaprintonly.cgi                                                2/22/04

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.i't»
**- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
FJ Region 1
1 1 CONGRESS STREET, SUITE 1100
¥ BOSTON, MASSACHUSETTS 021 14-2023
December 11, 2001

Mr. Edward W. Pickering
Environmental Science Services, Inc.
272 West Exchange Street, Suite 101
Providence, Rhode Island 02903

Re: Applicability of Household Hazardous Waste Exemption in University Dormitories

Dear Mr. Pickering:

Thank you for your letter of June 19, 2001 to Mr. Ken Rota requesting clarification of the
applicability of the exemption for household hazardous waste (HHW) in 40 CRF 261.4(b)(l).
Specifically, you asked whether this exemption applies to certain wastes generated in dormitories
and other housing facilities owned and operated by colleges and universities?

The following are the two scenarios that you described in your letter, and our responses.

1 . A student completes homework assignments in his/her private room in a dormitory or other
housing facility. Some assignments, such as art and modeling projects, result in generator of
spent solvents, paints and other wastes that would meet the definition of listed hazardous
waste and/or characteristic hazardous wastes. Are these wastes exempt under the household
waste exemption?

Response: In order for a waste to meet the HHW exemption, it has to meet two criteria: the
waste must be generated by individuals on the premises of a temporary or permanent residence,
and be composed primarily of materials found in the wastes generated by consumers in their
homes. (49 FR 44978: November 13, 1984). In general, EPA would consider wastes from
student art and modeling homework assignments generated in this manner to be exempt under
the household hazardous waste exemption. The exception would be if homework assignments
were given for the purpose of avoiding regulation. For example, a university could not claim the
HHW exemption for laboratory waste by setting up its laboratory facilities in dormitories.

2. A University provides a workroom within a dormitory or other housing facility for students to
complete homework assignments, including art and modeling projects. The workroom is
equipped with a sink and collection containers for wastes generated from student projects.
The University provides these collection containers as a good management practice to
promote proper handling of these wastes. Periodically, these collection containers are
brought to one of the university's hazardous waste storage areas. Is the waste collected in the
workroom exempt from RCRA regulation under the household waste exemption? Can the
university bring this waste to one of its waste storage areas as a generator without being
classified as a treatment, storage, and disposal facility (TSDF)?
Toll Free -1-888-372-7341
Internet Ad dress (U RL} http^www.
Recycle/Recyclable Printed w ith Vege table Oil B ased Ink s on Re cycled Pa per (Minim um 25 % Po stconsu mer)

-------
Mr. Edward W. Pickering
Page 2

Response: In general, EPA also would consider wastes from student art and modeling homework
assignments generated in this manner to be exempt under the household hazardous waste
exemption. Again, the exception would be if homework assignments were given for the purpose
of avoiding regulation.

A university will not become a TSDF under the federal regulations simply by bringing exempt
HHW from a dormitory to one of its hazardous waste storage areas. Rather, the HHW will
become subject to regulation as a newly generated hazardous waste when it is commingled in the
hazardous waste storage area with other non-exempt hazardous waste. All of the wastes in such
a central storage area should then be stored and ultimately disposed in accordance with all
applicable hazardous waste requirements.

Finally, you should consult with each State in which a university is located. Each State may have
more stringent requirements, or a more stringent interpretation of (he above requirements.

I hope the above responses address your concerns. Ifyou have any further questions on this
letter, please contact either Jui-Yu Hsieh or Stephen Yee of the Hazardous Waste Unit at
(617) 918-1646 or (617) 918-1197, respectively.

Sincerely,
Marv Rosenstein, Chief
Chemical Management Branch
Office of Ecosystem Protection
Associate Director of Waste Policy

cc: Ken Rota, EPA-OES
Gary Gosbee, EPA-OEP
Jeffrey Fowley, EPA-ORC
Laurie Grandchamp, RI DEM
Stacy Ladner, MEDEP
Peter Marshall, VT DEC
Bill Sirull, MA DEP
John Duclos, NH DBS
Dave Sattler, CT DEP

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1 1 vanillin
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Home > Electronic Reading Room > Document Collections > Enforcement Documents > Significant Enforcement Actions > Materials
Licensees > EA-99-171

EA-99-171 - Arthur Brisbane Child Treatment Center

August 16, 2001

EA No. 99-171

Raymond C. Grimaldi
Chief Executive Officer
Arthur Brisbane Child Treatment Center
State of New Jersey
Department of Human Services
Div. Of Mental Health Services
P.O. Box 625
Farmingdale, NJ 07727

SUBJECT: NOTICE OF VIOLATION (NRC Inspection 99990001/1997023, and NRC Office of Investigations Report No. 1-
97-050)

Dear Mr. Grimaldi:

This refers to the inspection conducted on October 30, 1997, and November 20, 1997, at the Arthur Brisbane Child
Treatment Center (Brisbane) in Farmingdale, New Jersey, to review the circumstances associated with an event which
occurred at your facility on October 29, 1997, wherein an exit sign, containing 12 curies of tritium, was broken and resulted
in radioactive contamination of a portion of the facility. You were authorized to possess and use such exit signs pursuant to
a general license contained in 10 CFR 31.5. Subsequent to the inspection, the NRC Office of Investigations (OI), Region I,
initiated an investigation to determine if Brisbane, which is operated by the State of New Jersey Department of Human
Services (DHS), willfully and improperly disposed of the broken generally licensed exit sign (along with contaminated
asbestos floor tiles and other contaminated objects) by improperly transferring the material to SMI, East Coast Medical
Waste, Inc. (SMI), a medical waste broker who was not authorized to receive radioactive waste.

Based on the OI investigation, the NRC found that, as a result of the deliberate actions of the DHS Chief of the Bureau of
Environmental Compliance (DHS official), Brisbane improperly disposed of the radioactive material generated from the
cleanup of the broken exit sign. The radioactive material was transferred to SMI, located in Morrisville, PA, who in turn
transferred it to Safety Disposal Systems, Inc. (formerly known as Chambers Medical Technologies of South Carolina), a
medical waste incinerator facility in South Carolina. Neither SMI nor Safety Disposal Systems, Inc. has a specific license for
the radioactive material as required by 10 CFR Parts 30 or 32 or from an Agreement State. The basis for this finding was
described in the factual summary of the OI investigation which was sent to you on April 12, 2001. The April 12, 2001 letter
also stated that we were providing you the opportunity to address the apparent violations by either attending a
predecisional enforcement conference or by providing a written response before we made our final enforcement decision. In
a letter dated May 17, 2001, you provided a response to the apparent violations.

As noted in that factual summary, the NRC concluded that the DHS official deliberately classified the radioactive waste as
medical waste and caused it to be sent for incineration despite warnings from several knowledgeable people that classifying
the radioactive material as medical waste was not appropriate. After receiving bids submitted to him for proper disposal,
the DHS official told others that he was over budget from the contamination clean-up and could not afford the high cost of
proper waste disposal. The DHS official also informed an NRC inspector on December 4, 1997, that the drums containing
the broken exit sign and other contaminated objects had been disposed of properly, when, in fact, they had not been
disposed of in accordance with 10 CFR 31.5(c)(8).

As a result of these actions, two violations of NRC requirements occurred, both of which are described in the enclosed
Notice of Violation. The violations involved (1) the deliberate improper disposal of the radioactive material; and (2) the
deliberate submittal of the inaccurate information to the NRC. The safety significance of the violations was low in this case

http://www.nrc.gov/reading-rrn/doc-collections/enforcement/actions/materials/ea991 71 .html 9/29/200.

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because there were no doses to individuals or potential doses to individuals that would create a serious health risk, and the
broken exit sign was eventually disposed of properly by SMI. Nonetheless, these violations occurred as a result of the
deliberate actions of the DHS official. Therefore, in accordance with the "General Statement of Policy and Procedure for NRC
Enforcement Actions," (NUREG-1600), the violations are classified as a Severity Level III problem.

In accordance with the Enforcement Policy in effect at the time of the violation, a base civil penalty in the amount of $2,750
is considered for a Severity Level III problem. Because this was a willful violation, the NRC considered whether credit was
warranted for Identification and Corrective Action in accordance with the civil penalty assessment process in Section VI.C.2
of the Enforcement Policy. Credit was not given for Identification since the violation was identified by the State of South
Carolina. Credit was given for Corrective Action since appropriate corrective actions were taken including the proper
disposal of the radioactive material after it was identified by the State of South Carolina.

While the NRC recognizes that application of the normal civil penalty assessment process would result in a base civil penalty
for the Severity Level III problem, I have been authorized, after consultation with the Director, Office of Enforcement, to
exercise discretion in accordance with Section VII.B.6 of the Enforcement Policy and not issue a penalty. Specifically, you
were issued a $15,000 civil penalty by the State of South Carolina on January 12, 1998, for violations of State requirements
related to this event. Also, you have since removed all exit signs containing radioactive material at your facility, as noted in
your May 17, 2001 letter to the NRC, and therefore, your agency is no longer a general licensee. In light of the above, the
NRC has decided not to issue a civil penalty in this case.

The NRC has concluded that information regarding the reason for the violation, and the corrective actions taken to correct
the violation and prevent recurrence, were already described adequately in your May 17, 2001 letter. Therefore, you are
not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or
your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in
the enclosed Notice.

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter and its enclosures, and your
response will be available electronically for public inspection in the NRC Public Document Room or from the Publically
Available Records (PARS) component of the NRC's document system (ADAMS). ADAMS is accessible from the NRC Web site
at http://www.nrc.qov/readinq-rm/adams.html (the Public Reading Room).

Sincerely,

/RA/ James T. Wiggins Acting for

Hubert J. Miller
Regional Administrator

Docket No. 030-03111
License No. 37-09016-01

Enclosure: Notice of Violation

cc w/encl:
State of New Jersey
State of South Carolina
NOTICE OF VIOLATION

Arthur Brisbane Child Treatment Center Docket No. 030-03111
Farmingdale, New Jersey License No. 37-09016-01
EA 99-171

During an NRC inspection conducted on October 30, 1997, and November 20, 1997, as well as a subsequent investigation
conducted by the NRC Office of Investigation, violations of NRC requirements were identified. In accordance with the
"General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violations are listed below:

A. 10 CFR 31.5(c)(8) requires, in part, that the licensee dispose of generally licensed devices only by transfer to
persons holding a specific license issued pursuant to 10 CFR Parts 30 and 32 or from an Agreement State.

http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/materials/ea99171 .html 9/29/200:

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Contrary to the above, on December 4, 1997, Arthur Brisbane Child Treatment Center (a general licensee possessing
tritium in EXIT signs) disposed of a broken generally licensed device (containing 12 curies of tritium) and other
objects contaminated with radioactive material, by transferring the material to SMI, East Coast Medical Waste, Inc.
(SMI), a company which did not hold a specific license issued pursuant to 10 CFR Parts 30 and 32 or a license from
an Agreement State. In addition, SMI subsequently transferred this material to Safety Disposal Systems, Inc.
(formerly known as Chambers Medical Technologies of South Carolina), which also did not hold a specific license
pursuant to 10 CFR Parts 30 and 32 or a license from an Agreement State.

B. 10 CFR 30.9(a) requires, in part, that information provided to the Commission by a licensee be complete and
accurate in all material respects.

Contrary to the above, on December 4, 1997, the licensee provided the Commission information that was not
complete and accurate in all material respects. Specifically, a licensee official, namely, the Chief of the Bureau of
Environmental Compliance, informed an NRC inspector on December 4, 1997, that drums containing a broken exit
sign and other objects contaminated with tritium, had been disposed of properly, when in fact, the material had not
been disposed of in accordance with 10 CFR 31.5(c)(8). The material was not disposed of in accordance with
10 CFR 31.5(c)(8), in that it was transferred to SMI, a company which did not hold a specific license issued pursuant
to 10 CFR Parts 30 and 32 or a license from an Agreement State. This information was material because it had the
capability to influence the NRC follow-up review of the disposal.

This is a Severity Level III problem (Supplement VII).

The NRC has concluded that information regarding the reason for the violations, the corrective actions taken and planned to
correct the violations and prevent recurrence, and the date when full compliance was achieved, is already adequately
addressed on the docket in the referenced inspection report and in your reply to the NRC dated May 17, 2001. However,
you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not
accurately reflect your corrective actions or your position. In that case, or if you choose to respond, you should clearly mark
your response as a "Reply to a Notice of Violation," and send it to the U.S. Nuclear Regulatory Commission,
ATTN: Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator, Region I, within 30 days
of the date of the letter transmitting this Notice of Violation (Notice).

If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to
the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

If you choose to respond, your response will be made available electronically for public inspection in the NRC Public
Document Room or from the Publicly Available Records (PARS) component of NRC's document system (ADAMS). ADAMS is
accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.htrnl (the Public Electronic Reading Room).
Therefore, to the extent possible, the response should not include any personal privacy, proprietary, or safeguards
information so that it can be made available to the Public without redaction.

In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days.

Dated this 16th day of August 2001
http://www.nrc.gov/reading-rrn/doc-collections/enforcement/actions/materials/ea99171.html 9/29/200:

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Faxback 11606
9455.1991(02)

OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE

MAY 16 1991

MarkJ. Schulz
President
Pharmaceutical Services, Inc.
Browning-Ferris Industries
757 N. Eldridge
Houston, Texas 77079

Dear Mr. Schulz:

This responds to your February 22, 1991 letter to David Bussard requesting a
determination regarding the regulatory status of pharmaceutical products that
are returned by the dispensers of these products to the manufacturers,
wholesalers, or to a third-party service company that will facilitate the
processing, crediting, and, if needed, appropriate disposal of the returned
products. Currently, such products are returned directly to the manufacturer
or wholesaler, who credits the dispenser for the products and determines
whether the products are to be reused, reclaimed, or appropriately disposed.
BFI Pharmaceutical Services, Inc. (BFI-Pharm) intends to provide this reverse
distribution service to the pharmaceutical industry.

As I understand your letter, pharmaceutical products may be returned for many
reasons, including, among others: 1) an oversupply at the dispenser, 2)
expiration of the recommended shelf life, 3) a recall has been initiated by
the manufacturer, 4) the product was  received as a result of a shipping
error, and 5) the product has been damaged. You state that,  in general the
dispensers of the pharmaceutical products do not know whether the returned
products will be reused, reclaimed, sold overseas, or disposed (i.e, they are
not able to determine whether these materials are solid wastes). Because the
dispensers receive credit for the returned products (either because the
products actually have real value to manufacturer or because such credits are
part of a competitive marketing approach), the products have a monetary value
to the dispensers and they would not normally assume such materials to be
wastes.

Under our current regulations, such returned products are not considered
solid wastes until a determination is made to discard these materials. The
returned products themselves (being "commercial chemical products" under our
classification system) are considered more product-like than waste-like
(until a determination is made to dispose of them) because recycling by
use/reuse is generally a viable option. If the underlying assumption is that
the returned products will be recycled, until the manufacturer or wholesaler
determines otherwise (assuming that this determination is beyond the ability
of the dispenser), then those products managed within the reverse
distribution system are not solid wastes until the manufacturer or wholesaler
makes the determination to dispose of them. This view is based on our
understanding that the system is established as a means to facilitate the
recycling of reusable pharmaceutical  products, rather than a

waste management system. We will be interested to learn if your data, which
will be computerized, will support this assumption. At the current time
there does not appear to be any reason for EPA to change its policy regarding
this type of reverse distribution system simply because a third-party service
company is involved rather than the manufacturers themselves.

I would like briefly to bring to your attention two issues that bear
generally upon reverse distribution systems, although neither appear to be of
concern in the BFI-Pharm situation. First, EPA does not intend for hazardous
waste brokers to use a reverse distribution system to relieve generators of

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                                                                                                                       Pa
the responsibility for making determinations about the discarding of
materials as wastes. It remains the generator's responsibility to properly
identify secondary materials. Second, a reverse distribution system cannot
be used as a waste management service to customers/generators without the
applicable regulatory controls on waste management being in place. Of
course, as I discussed above with respect to the BFI-Pharm situation, to the
extent that the materials involved are unused commercial products with a
reasonable expectation of being recycled in some way when returned, the
materials are not considered as wastes until a determination has been made to
discard then.

This interpretation is based on the current set of Federal RCRA regulations.
However, as you know, authorized States may regulate or interpret the
regulations differently, and State requirements are the applicable standards
in authorized States. You should contact the appropriate State regulatory
agencies for a more definitive regulatory determination for their respective
jurisdictions.

I hope this has sufficiently answered your questions. Should you have any
further questions regarding EPA's policies, you may contact David Bussard at
(202) 382-4637.

Sincerely,

Original Document signed

Sylvia K. Lowrance
Director
Office of Sol id Waste

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Faxback 12996

9444.1987(37a)

RCRA/Superfund/OUST Hotline Monthly Report Question

August  1985

8. Definition of Solid Waste and Reclamation

A distributor of a U-listed commercial chemical product
finds that the product is no longer saleable (for
example, it is past its shelf life). If the distributor
ships it back to the manufacturer for reclamation, the
material is not  a solid waste under 40 CFR 261.2 because
listed commercial chemical products are not solid wastes
when reclaimed. However, in many cases the manufacturer
will not know whether the material can be reclaimed until
a sample is analyzed. Could the distributor ship the
entire lot back  to the manufacturer, while not knowing
whether the material was a solid waste?

Yes. The distributor can ship the entire  lot back to the
manufacturer, while not knowing whether the material was a solid
waste. There are no provisions in the RCRA regulations restricting
shipments of commercial chemical products. Technically,  it remains
a commercial chemical  product until such time as they are discarded
or intended to be discarded (Section 261.2 and Section 261.33).
This decision is made by the manufacturer. The U-listed commercial
chemical product would still be shipped pursuant to applicable DOT
and U.S. Postal Service regulations. It would not need to be
manifested as a hazardous waste.

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             UNITED STATES ENVIRONMENTAL PROTECTION AGEHCY
                                                                9441.1939(
                                   6 JQPO
 Julie Wanslow
 Hazardous Waste Section
 NMEID
 1190 Saint Francis Street
 Santa Fe, N.M.  87503

 Dear Ms. Wanslow:

       In response to your phone  conversation  of  March  22,  1989,
 with Mike Fitzpatrick of my  staff, we  have prepared  the
 following explanations to clarify the  boundaries of  the  oil
 field RCRA exemption as discussed in the  December 1987 EPA
 Report to Congress (RTC) and given final  definition  in the July
 1988 regulatory determination.

       The scope of the exemption as defined in the RTC and
 regulatory determination is  based on the  legislative history and
 Sections 3001(b)(2)(A) and 8O02(m) of  RCRA.  Using these sources
 the Agency has identified three  separate  criteria to be  used
 when defining specific waste streams that are exempt.
 These criteria are listed on pages 11-18  and  11-19 of  the  RTC
 (enclosed.)

       In regard to pipeline  or gathering  line-related  wastes,
 the following excerpts from  the  criteria  in the  RTC  may  prove
 helpful:
       "Primary field operations  encompass those  activities
       occurring at or near the well head, but prior  to the
       transport of oil from  an individual field  facility or
       a centrally located facility to  a carrier  (i.e., pipeline
       or trucking concern) for transport  to a refinery or  to
       a refiner....  Haste generated by the transportation
       process itself are not exempt because they are not
       intrinsically associated with primary field operations....
       Transportation for the oil and gas  industry may  be for
       short or long distances."  [emphasis added].

       According to the Manual of Oil and  Gas  Terms (sixth
 edition) there are many terms in common usage within the
 industry and applied to the  various pipelines associated with
 oil and gas production and transportation (see enclosed
 definition of "pipeline").   Feeder lines  may or  may  not  be
 exempt depending on the point of custody  transfer or other
"OL *&L3ti
          OS
13204(13.70)
                                                               OFFICIAL RLE COPY

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                              - 2 -

 site-specific  factors  relating to transportation from the
 primary  field  operation as defined in the RTC.  Although the
 Agency used  the  term "gathering line" in the RTC in reference
 to a generally small diameter pipe within a primary field
 operation, the term "gathering line" itself should not be used
 as the determining factor in defining the scope of the
 exemption.   Rather, the applicability of the criteria in the
 RTC to the particular  line in question should be used in
 determining  the  scope  of the exemption.

      As for gas plant cooling tower wastes, the July 6, 1988,
 regulatory determination identifies "cooling tower blowdown* as
 exempt and "gas  plant  cooling tower cleaning wastes" as
 non-exempt.  The difference between the two is that blowdown is
 comprised only of water, scale or other wastes generated by the
 actual operation of the cooling tower; whereas cleaning wastes
 include any  solvents,  scrubbing agents or other cleaning
 materials introduced into the process solely to remove buildup
 or otherwise clean the equipment and are not included as part
 of the functional operation of the cooling tower.  Since these
 cleaning wastes  can come from any cooling tower, they are sot
 intrinsically  derived  from primary field operations for natural
 gas production.  The determining factor for defining the
 exemption is not the frequency with which the cooling tower is
 blown down,  either witb or without cleaning agents, but whether
 the resulting  waste is solely derived from the normal operation
 of the tower for natural gas production or from any added
 cleaning materials.

      I trust  these explanations will enable you to better
 determine the  scope of the RCRA exemption as applied to the
 specific waste streams within your jurisdiction.  If you have
 any further  questions  please contact Mike Fitzpatrick at
 (202)  475-6783.

                             Sincerely,
                             Dan Derkics
                             Chief
                             Large Volume Haste Section
Enclosure
cc:  Mike Fitzpatrick
     Ivy Main, Office of General Counsel

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                                                                9441.:939;G5)
             RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

                             FEBRUARY  89

2.  Drip Gas Exclusion

Drip gas if collected from a natural gas line located at the production site.  Is this
condensate exempt from being a hazardous waste pursuant to 40 CFR 261.4(b)(5)?

   According to 40 CFR 261.4(b)(5), "Drilling fluids, produced waters, and other
   wastes associated with the exploration, development, or production of crude
   oil, natural  gas or  geothermal energy..." are not subject to regulation  as
   hazardous wastes under Subtitle C of RCRA.  Therefore, if the drip gas is
   collected from lines  that are associated  with movement of the natural gas on-
   site (i.e. the exploration, development, or  production site) then the drip gas is
   exempt from being a hazardous waste.  An example is drip gas from gathering
   lines on the production site that lead to an on-site central storage tank.

   On the other hand, if the drip gas is collected from lines that are used for the
   off-site movement of natural gas, the drip gas is not excluded under 40 CFR
   261.4(b)(5).  For  example, drip gas  collected from lines  used to transport
   natural gas from the production site to an off-site distribution center would
   not be excluded under  40 CFR 261.4(b)(5).

   The rationale behind  this on-site/off-site distinction arises  from  the
   legislative  history  of RCRA  Section 3001(b)(2)(A)  which is directed  to
   "...drilling fluids, produced waters, and other wastes associated with the
   exploration, development, or production  of crude oil or natural gas...." The
   legislative history discusses "other wastes" as follows:

         The term "other wastes associated" is specifically included to
         designate waste materials intrinsically derived from primary
         field operations associated with the exploration, development,
         or production of crude oil, natural gas or geothermal energy. It
         would cover  such substances as: hydrocarbon bearing soil in
         and around related facilities; drill cuttings; and materials (such
         as hydrocarbons, water, sand, and emulsion)  produced from a
         well in conjunction with crude  oil, natural gas or geothermal
         energy; and  the accumulated material (such  as hydrocarbons,
          water, sand  and emulsion) from production separators, fluid
          treating  vessels,   storage  vessels,  and  production
          impoundments.

   The phrase "intrinsically  derived  from the primary field operations" is
   intended  to  differentiate exploration,   development, and  production
   operations  from transportation (from the  point of custody transfer or of
   production separation and  dehydration)  and manufacturing operations.

-------
unu

FEBRUARY 89

2. Drip Gas Exclusjori ((^ont'd)

EPA has outlined 3 criteria as a test of whether a particular waste qualifies fo*
the exemption.! The criterion that addresses the on-site/off-site issue is as
follows:

Drilling fluids, produced waters, and other wastes intrinsically derived from
primary field operations associated with the exploration, development, or
production of crude oil, natural gas or geothermal energy are subject to
exemption. Primary field operations encompass production-related activities
but not transportation or manufacturing activities. With respect to oil
production, primary field operations encompass those activities usually
occurring at or near the wellhead, but prior to the transfer of oil from an
individual field facility or a centrally located facility to a carrier (i.e., pipeline
or trucking concern) for transport to a refinery or to a refiner.

With respect to natural gas production, primary field operations are those
activities occurring at or near the wellhead or at the gas plant but prior to the
point at which the gas is transferred from an individual field facility, a
centrally located facility, or a gas plant to a carrier for transport to market.
Primary field operations encompass the primary, secondary, a-d tertiary
production of oil or gas.

Wastes generated by the transportation process itself are not exemp 'Because
they are not intrinsically associated with primary field operations. An
example would be pigging waste from pipeline pumping stations.
Transportation (for the oil and gas industry) may be for short or long
distances....

Thus, drip gas collected from lines associated with transport of natural gas
from the production site to an off-site distribution center would not be
covered by the exemption.

ISee "Management of Wastes from the Exploration. Development and Production of Crude Oil.
Natural Gas, and Geothennal Energy/ Report to Congreta, December 1987, pp. 74. A listing of
wastes covered by the exemption appears in EPA's "Regulatory Determination for Oil and Gas and
Geothermal Exploration. Development and Production Wastes.* S3 ffi 23*46 (July 6,1988).

Source: Mike Fitzpatrick (202)475-6783
Research: Kenneth Leigh Mitchell, Ph.D. (202)382-3000

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                                   GSWER PGLIC; DIRECTIVE so. 9ST4.00-1
. __,- i-        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
1 AAJAZ I                  WASHINGTON. D.C. 20460
^t ^^^^^^^^""^ *f
 *•<    i<*'

  ""°*                         NOV   I !SSS
                                                    SOL.O

MEMORANDUM
SUBJECT:  Clarification  of  Issues  Pertaining to Household
          Hazardous Wa^tg Collection Programs

             <£—  J'*^
FROM:     J. winston  Porter
          Assistant Administrator  for Solid Waste
            and Emergency Response
TO:       Waste Management Division Directors,      k
          Regions  I-X


     As you know,  the Agency  enthusiastically supports
household hazardous waste  (HHW)  collection 'and management
programs.  As part of this support,  EPA has sponsored annual
HHW conferences since 1986.   The first collection programs
began in 1981.  As of October 1988,  over 1300 collection
programs have been set up  in  44  States and more programs are
being planned all  the time.   EPA believes these programs are
important because  they:   (1)  promote citizen awareness
regarding proper handling  of  HHW; (2)  reduce the amount of HHW
in the municipal solid wast*  stream which ultimately is
taken to municipal waste combustors or landfills;  (3) limit
the amount of HHW  which is dumped down a drain and ultimately
discharged to a publicly-owned treatment works (POTW), or is
dumped indiscriminately;  (4)  remove a greater amount of HHW
from the home, thereby reducing  potential safety hazards; and
(5) help to reduce the risk of injuries to sanitation workers.

     Several issues have been raised pertaining to HHW
collection programs.  These issues include the liability of
collection-, program sponsors under the Resource Conservation
and Recovery let  (ftdtA) and the  Comprehensive Environmental
Response, Cfcppensation, and Liability Act (CERCLA); EPA's
recommendatrioos regarding  the management of HHW; and the
regulatory status  of HHW that contains dioxin.

-------
     This memorandum clarifies our position on these issues.
You should note, however, that State positions may vary;  the
State agency should be contacted for details on the State's
policies or regulations regarding HHW.

i.  What does EPA recommend regarding management of HHW
collected in HHW collection programs?
                                                  *
     As you know, all household wastes are exempt by
definition from the Federal hazardous waste regulations
promulgated under Subtitle C of RCRA.  Section 261.4{b)(l)
unconditionally exempts household wastes, including HHW,  from
the Subtitle C regulations even when accumulated in large
quantities.  This exemption also applies to HHW collected
during an HHW collection program.  However, when household
wastes are mixed with hazardous wastes from small quantity
generators, this resulting mixture is subject to tfie small
quantity generator rules in Section 261.5.  For this reason,
sponsors of HHW collection programs should be careful to limit
the participation in their programs to households to -avoid the
possibility of receiving regulated hazardous wastes from
commercial or industrial sources and triggering all or some of
the Subtitle C controls on this waste.

     Household waste, including HHW, is subject to the
regulations under Subtitle O of RCRA.  The current Subtitle 0
regulations governing the disposal of any solid waste are the
"Criteria for Classification of Solid Wast* Disposal
Facilities and Practices" (4O CFR Part 257).  These
regulations are general environmental performance standards
that are implemented by the States.  On August 30, 1988  ,see
52 ££ 33314) EPA proposed new rules for municipal solid waste
landfills at 40 CFR Part 258.  HHW can legally be disposed in
any solid waste disposal facility, including a municipal solid
waste landfill, that is in compliance with the existing
"Criteria" and State and local requirements.

     Although HHW is exempt from the Federal RCRA Subtitle c
hazardous waste regulations, EPA recommends that sponsors of
HHW collection programs manage the collected HHW as a
hazardous waste.  When a community has already gone to the
effort and expense of collecting these materials, Subtitle C
controls provide a greater level of environmental protection.
In selecting a management option, the Agency recommends  that
program sponsors follow the waste management hierarchy of:

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      (i)  Reusing and recycling-as much waste as possible;
      (2)  Treating waste in a hazardous waste treatment
          facility; and, finally,
      (3)  Disposing of remaining waste in a hazardous waste
          •landfill.1

     The Agency also recommends the use of licensed hazardous
waste transporters who will properly identify, label,
manifest, and transport the collected wastes for recycling,
treatment, or disposal.  Although sponsors are not required to
r.anage HHW as a hazardous waste, it is clear from seeing the
programs in action, that, in fact, sponsors usually contract
with hazardous waste management professionals to run the
programs.  These contractors generally manage the HHW as a
hazardous waste and usually make efforts to reuse and recycle
the waste.
                                                  i
2.  What is the regulatory status of HHW that contains dioxin?

     As stated above, HHW is unconditionally exempt from
Federal RCRA Subtitle C regulation.  This exemption includes
HHW that contains dioxin, such as pesticides.  Like any
household waste, HHW that contains dioxin must be disposed
of in accordance with EPA's rules under Subtitle D of
RCRA.

     The RCRA land disposal restrictions rule issued
November 8, 1986, applies only to those dioxin-bearing
wastes that are specifically listed as hazardous wastes
under Subtitle C of RCRA.  Therefore, this rule does not
apply to any HHW and does not prohibit hazardous waste land
disposal facilities from receiving any HHW, even those
potentially containing dioxin.   Although dioxin-containing
HHW are exempt from EPA's land disposal restrictions rule,
we understand that, due to public perception concerns,
some Subtitle C hazardous waste management facilities
currently do not accept dioxin-bearing HHW.  EPA will
explore options with State and  local governments so  that a
solution to this problem can be  found.  For example, we
are looking at vays to encourage the vaste management
industry to reconsider their position and accept these
wastes.  Some communities have  chosen to temporarily
store this dioxin-bearing HHW until a more permanent
management option can be found.
         the extent that non-hazardous liquids  are not
containerized  in  accordance with Sections  40  CFR 264.314(d),
26S.314(c), 264.316,  and 265.316,  such liquids  are subject to
the non-hazardous liquids restrictions set forth at Sections
264.314(e) and 265.314(f).

     2Likewise, the land disposal •-restrictions  do Tiot apply -to
anv other HHW.

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                             - 4 -

 3.  What liability do HHW collection programs sponsors have
    under Subtitle C of RCRA?

     As stated above, Section 261.4(b)(l),  exempts household
 wastes, including HHW, from the Federal Subtitle C
 regulations.  As a result, handlers of HHW are not potentially
 liable under Subtitle C of RCRA for failure to follow the '
 regulations and are not required to manage'collected HHW in
 Subtitle C hazardous waste management facilities.  As
 previously mentioned, however, EPA recommends that this waste
 be handled as a Subtitle C hazardous waste.

 4.  What liability do sponsors of HHW collection programs have
    under CERCLA?

     CERCLA does not contain an exclusion from liability for
 household waste or an exclusion based on the amount of waste
 generated.  Any waste that qualifies as a hazardous substance
 under CERCLA is subject to the liability provisions of Section
 107.  Hazardous substances are defined under Section-1O1(14)
 and designated under Section lO2(a) of CERCLA.  HHW may
 qualify as a "hazardous substance" if it contains any
 substance listed in Table 302.4 of 40 CFR Part 302.  If a
 household waste contains a substance that is covered under
 these CERCLA sections (whether or not it is a RCRA hazardous
 waste), potential CERCLA liability exists.

     Communities should recognize that potential liability
 under CERCLA applies regardless of whether the HHW was picked
 up as part of a community's routine waste collection service
 and disposed of in a municipal vaste landfill (RCRA Subtitle
 0) or if the HHW was gathered as part of a special collection
 program and taken to a hazardous vaste landfill  (RCRA Subtitle
 C).  The additional safeguards provided by HHW collection and
 Subtitle C management may reduce the likelihood of
 environmental and human health impacts and, therefore, may
 also reduce potential CERCLA liability.

     I hope this information will assist you in addressing
 questions regarding HHW collection and management programs.
 we are providing copies of this memorandum to States and the
 major waste management trade associations.  I request that  you
make this information available to any other interested
parties in your Region.  If you require additional  information
 or clarification on these issues, please contact Allen Maples
 of the Municipal Solid Waste Program at  (2O2) 382-4683.

 cc:  State Solid and Hazardous  *aste Directors
     Bryan W. Dixon, ASTSWMO
     Dana Duxbury, Consultant to Tufts University,  CEM
     William Forester, APWA
     H. Lanier Hickman, GRCDA
     Sheila Prindiville,  NSWMA
     Hazardous Waste Branch Chiefs, Regions  I-X
     Regional Subtitle D Coordinators, Regions  I-X

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                                               9441.1953,30}




              RCRA/SUPERFUND HOTLINE MONTHLY  SUMMARY

                               JUNE 88
3. Household Hazardous Waste

   As a part of a consent decree, a firm which caused a plume of ground-water
   contaminated with RCRA listed waste, is required to install carbon filters in
   all affected homes with water wells. When the firm returns to change these
   filters, they wish to collect and ship them for regeneration.  Will these filters
  be covered by the household hazardous waste exclusion in Section 261.4(b)(l)?

      Yes, Section 261.4(b)(l) defines "household waste" as any material derived
      from households.  Since the carbon filter was installed in a home, it is
      household waste  when removed.   There is no significant difference
      between filters installed by the firm and ones installed by a homeowner on
      his own initiative.  The household hazardous waste exclusion  would
      apply to the filters when they are sent for regeneration.

  Source:     Carrie Wehling   (202) 382-7706
  Research:   Randall Eicher

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      MAY 2
    Honorable Tom Harlcin
    131 E. 4th Street          .-   -  -.- —  -  -— —
    Room 314B
    Davenport, Iowa  52801

    Dear Senator HarJcin:

        This is ia response  to the telephone  request  from Ms. Mary
    Orr of your staff, to Matthew Straus, asking  for  the
    Environmental Protection Agency's  (EPA's) definitions of
    "household waste" and "scrap metal."  Both terms  have been
    defined by EPA in regulations issued  pursuant to  the Resource
    Conservation Recovery Act  (RCRA).
        "Household waste"  is  defined in  40  CFR  Section 261.4(b)(1)
    as:
             ...any material  (irrluding  garbage, trash and sanitary
             wastes in septic  tanks)  derived  from households
             (including  single and multiple residences, hotels and
             motels, bunJchouses,  ranger  stations, crew quarters,
             campgrounds,  picnic  grounds and  day use  recreation
             areas).

    This is to make clear  that normal household garbage,  i.e., waste
    from residences, is  not hazardous waste under RCRA Subtitle C.
    However, it should be  noted that household-types  wastes from
    other sources (i.e., commercial facilities, office buildings)
    are not covered by the household waste exclusion  and  thus, would
    be regulated under the Federal hazardous  wast*  rules  if they  are
    identified or listed MM hazardous wastes.

        "Scrap metal" is defined  in 40 CFR Section  261. Kc) (6), as:

             ...bits and pieces of metal parts (e.g., bars,
             turnings, rod* ,  sheets, wire) or metal pieces that may
             be combined together with bolts  or soldering (e.g.,
             radiators,  scrap automobiles, railroad box  cars), which
             when worn or  superfluous can be  recycled.
                                 COMCUMIMCtS
.MIMIC}
     1MW 03-70)
                                                               OFFICIAL PICE I

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                                  - 2 -
    EPA  regulations  provide that such metal parts, when recycled,
    are  not  regulated under the Subtitle C regulations.  (See 40 CFR
    Section  261.6(a)(3)(iv).)

        I  trust  this information is useful to you.  If I can be of
    further  assistance,  please contact me at (202) 382-4627.

                                        Sincerely,
                                        Sylvia K. Lowrance, Director
                                        Office of Solid Waste
    !!!!!!!!!!!!!!!! I !!!!!!! I !! 1 !!!!!! I! !! 1 1 I ! 1 I ! I 1 1 !!!!!!!!! I !!!!!! 1
    WH562B/MPETRUSKA-8701/BC/R242/4/15/88/475-9888/HARKIN
    bC/mp/4/18/88
    ! !!!!!!!!! !!!I ! !I 1 I!!!1!I 1 I!!!I ! I I 1 I!!!I!1! ! Ill ! ! i ! ! ! !!! ! ! ! ! ! ! !  ! !
                                  COMCUttfNOU
sntvet.
BATC

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                                           9441.1988(03)
Mr. Gary D. Strassell
Environmental Manager
The Sheppard Color company
4539 Oves Drive
P.O. BOX  465627
Cincinatti, Oh^d1
            X
Dear Mr. Strassell:

    This is in response to your November 20, 1987, letter to
Michael Petruska of my staff concerning the regulatory classifi-
cation of your chromium wastes.  The remainder of this letter
explains the axclusio-s. in 40 cm Section 261.4(b)(6) for certain
chromium-wastes, and   iswers the questions you raised.

    The exclusion from the definition of hazardous waste under
40 CFR 261.4(b)(6) presently applies only to those wastes specifi-
cally listed in sec ion 26l.4(b)(   ii).  Those wastes identified
in subparagraphs (X. through  (H) c. Section 261.4(b) (6) (ii) are
excluded because members  of the leather tanning and titanium
dioxide production industries submitted evidence to EPA that
successfully demonstrated that their wastes were not hazardous.
The October 30, 1980 Federal Register  (45 EB 7203*) describes this
exclusion in greater detail  (see Enclosure).
                          *'•          **"••
    The criteria for excluding a waste under Section 261.4(b)(6)
requires that the chromium in the waste must be trivalent or nearly
exclusively trivalent, that the industrial process producing the
waste use trivalent chromium exclusively or nearly exclusively, and
that the waste be typically and frequently managed 5n a non-oxidiz-
ing environment.  See  Section 261.4(b) (6) (1).  Presently, the only
wastes that are  included  in the Section 261.4(b)(6! exclusion are
those listed in  subparagraphs  (A) through  (H) of  paragraph  (ii).
The only pigment manufacturing waste exclusion is in subparagraph
(H).  Tnis exclusion applies  to wastewater  treatment sludges  from
the production of TiO2 pigment using chromium-bearing ores  by the
chloride process.  The chromium  in  this waste originates from the
entirely trivalent chromium  in the  rutile or ilmenite ores  used as
                           COMCUtfflMCffS
                                                                  CO*Y

-------
                                                        \\
a raw material in the process US EB 72036).   If your  customer
generates a waste meeting the description in (H) , then that waste
would be excluded under Section 261.4(b)(6)  provided the waste  does
not fail the EP toxicity characteristic for  any constituent other
then chromium or does not fail any other hazardous waste character-
istic.                                              .>
                                                   slfe
    Any individual or group of generators whose vaster meet  the
criteria under section 261.4(b)(6)(i), but are not specifically
designated under paragraph (iiMA)-(H) may submit a rulemaxing
petition to EPA in accordance with Section 260.20(a) to demonstrate
that their waste is not hazardous.  If EPA agrees with the peti-
tion, it will amend Section 261.4(b)(6) to exclude those wastes
from regulation as well.  (As already indicated, wastes meeting the
existing descriptions in subparagraphs (A) through (H) of Section
261.4(b)(6) is only non-hazardous if it exhibits no other hazardous
characteristics in Subpart C of Part 261.)  If you choose to submit
a rulemaxing petition, you will have to submit data showing that
the waste or wastes in question is exclusively  (or nearly exclusi-
vely) trivalent chromium, that the industrial process producing the
waste use trivalent chromium exclusively or nearly exclusively, and
that the waste is typically managed in a non-oxidizing environment.

    If you have additional questions in this area, please continue
to communicate with Mike Petruslca at  (202) 475-8551.

                                       Sincerely,
                                       Marcia E. Williams
                                       Director
                                       Office of Solid Waste

Enclosures

-------
w
UNITED STATES ENVIRONMENTAL PROTECTION AGEN   944"'  "  '"
            WASHINGTON. O.C. 204tO
                               DEC 2 4 m
     Honorable Malcolm Wallop
     United States Senate
     Washington, D.C.  2O510

     Dear senator Wallop:

         Thank you for your November -0,  1987,  letter regarding the
     Environmental Protection Agency's (EPA)  Report to Congress on
     the Management of Wastes from the Exploration, Development, and
     Production of Crude Oil, Natural Gas,  and  Geothermal Energy.
     We appreciate your comments regarding  the  scope of the study
     and the Report.  Our tentative interpretation is provided
     be'ow.

         Since the release of our preliminary drafts of the Report,
     we have revised some of our interpretations regarding the scope
     of this study, primarily on the basis  of input from the
     inter-agency workgroup formed to assist  us in preparing the
     Report.

         Produced water generated from primary  field operations
     associated with the exploration, development or production of
     oil, gas and geothermal energy is considered exempt.   Primary
     field operations encompass production  related activities but
     not transport at ion or manufacturing  activities.  With respect
     to oil production, primary field operations encompass those
     activities usually occurring at or near  the wellhead, but prior
     to the transport of oil from an individual field facility or a
     centrally located facility to a carrier  (i.e., pipeline or
     trucking concern) for transport to a refinery or to a refiner.
     With respect to natural gas production,  primary field
     operations are those activities occurring  at or near the
     wellhead or at the gas plant but prior to  that point where the
     gas is transferred from an individual  field facility, a
     centrally located facility or a gas  plant  to a carrier for
     transport to market.

         Primary field operations may encompass the primary,
     secondary and tertiary production of oil or gas.  Wastes
     generated by the transportation process  itself are not exempt
     because they are not intrinsically associated with primary
     field operations, e.g., pigging waste  from pipeline pumping
     stations.  Transportation for the oil  and  gas industry may be
     for short or long distances.  Wastes associated with

-------
manufacturing are not exempt because they are not associated
with exploration, development, or production and hence are not
intrinsically associated with primary field operations.
Manufacturing (for the oil and gas industry) is defined as any
activity occurring within a refinery or other manufacturing
facility whose purpose is to render the product commercially
saleable.
                                                            j

    Solvents that are part of normal primary field operations
are considered intrinsically related to exploration,
development and production and are exempt.  An example would be
solvents used down hole.  Waste solvents used for cleaning
equipment or unused, quantities of solvents are not exempt.

    The Agency has not yet reached a decision on the status of
rig wash.  Most, if not all rig wash is trenched to the reserve
pit.  In some cases, the rig wash May not contain any harmful
contaminants.  But in other cases, the rig wash may contain
concentrated solvents or other contaminants, and may not be
suitable for disposal in the reserve pit. Increased waste
segregation may be desirable in these cases.

    The Agency will be accepting suggestions and data on these
isrues during the public comment period following release of
th'.i Report later this month.

    If I can be of further assistance, please let me know.

                                       Sincerely,
                                       J. Winston Porter
                                       Assistant Administrator

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                                                      9441.19B-(89)
                                NOV i 0 ;2£J
 Honorable  Judd Gregg
 House  of Representatives
 Washington,  D.C.   205IS

 Dear Mr. Gregg:

    Than*  you for  your October  16,  1987,  letter regarding the
 concerns of  the Selectmen of Wilton, New  Hampshire, about a
 recent household hazardous waste  (HHW) collection day.

    In the area of household hazardous waste, the Environmental
 Protection Agency  (EPA) has issued  the enclosed information
 document entitled  "Household Hazardous Waste an<5 Related
 Collection Programs"  (October 16, 1986).  EPA h£S also issued
 the enclosed list  of  State contacts and bibliography of
 information  to assist planners  of HHW collection programs.  The
 Agency sponsored a national conference on HHW in November 1986
 and is sponsoring  one again this year.  A brochure describing
 the November 1987  conferance is enclosed.

    The Selectman's letter mentions that  their recent HHW
 collection day was incomplete because of  EPA regulations that
 may have precluded homeowners from  bringing in certain
 subst&nces.   Currently, the Agency  does not have any regulations
 that preclude the  collection of certain wastes.  All household
 wastes are exempt  by  definition from the  Federal hazardous waste
 regulations  promulgated under Subtitle C  of the Resource
 conservation and Recovery Act (RCRA).  Section 26l.4(b)(l)
 unconditionally exempts household waste,  including HHW, from the
 Subtitle C regulations even when accumulated in quantities that
 would  otherwise be regulated, or when transported, stored,
 treated, disposed, recovered, or reused.  This exemption also
 applies to household  hazardous  waste collected during a RHW
 collection program.

    Household wastes,  including household hazardous wastes, are
 subject to the regulations under Subtitle 0 of RCRA.  The
 current Subtitle D regulations  governing  the disposal of any
 solid  waste  are the "Criteria for Classification of Solid Waste
 Disposal Facilities and Practices"  (40 CZB Pert 257).  These
 regulations  are general environmental performance standards that
 axe implemented by the States.  Household hazardous waste can be
         lo  any solid waste diS£pAa4-.facility, including a
«u*cipal  solid waste iaridfirr, tnat tm  ±n
"CMteria" and State end-local cequirsaefi

-------
    Although household wastes are exempt from the Federal
hazardous waste  regulations, EPA reeommgngifi that sponsors of HHW
collection programs manage the collected HHW as a hazardous
waste.  The community has already gone to the effort and expense
of  separately collecting these materials and Subtitle C controls
provide a greater  level of environmental protection.

    The Agency also recommends the use of licensed hazardous
waste transporters who win properly identify, label, manifest,
and transport the  collected wastes for recycling, treatment, or
disposal.  Altnough sponsors are not required to manage HHW as a
hazardous waste, they usually contract with hazardous waste
management professionals to run the programs.  These contractors
generally manage the HHW as a hazardous waste and usually make
efforts to reuse and recycle the waste.

    with regard to dioxin-bearing HHW, the following should help
clarify this situation.  As mentioned above, household hazardous
wastes are unconditionally exempt from Subtitle C of RCRA.  This
exemption includes household hazardous wastes that contain
dioxin.  Like any  household waste, household hazardous wastes
that contain dioxin must be disposed of in accordance with EFA's
rules under Subtitle D of RCRA.

    The RCRA land  disposal ban rule issued November 8, 1986,
applies only to those dioxin-bearing wastes that are
specifically listed as hazardous wastes under Subtitle C of
RCRA.  Therefore,  this rule does not apply to any household
hazardous wastes and does not prohibit hazardous waste
management facilities from receiving any household hazardous
waste, even those  potentially containing dioxin.

    Tour constituents' letter mentioned that other materials
vere not accepted  at the collection day (explosives, PCBs, gas
cylinders, etc.).  Individual sponsors of the local HHW
collection days often will list those materials that they are
unable to accept.  The State environmental agency is the
appropriate agency to contact for assistance in proper disposal
of  these other items.  Tour constituents may wish- to contact

-------
Donna Reardon at the New Hampshire Department of Environmental
Services.  She is Administrator of the Hazardous Waste Cleanup
Fund and has much experience in the field of HHW.  She can be
reached at the following address:

                             Donna Reardon, Administrator
                             Hazardous Haste Cleanup fund
                             New Hampshire Department of
                               Environmental Services
                             Haste Management Division
                             6 Hazen Drive
                             Concord, New Hampshire  03301
                             Phone:  (603) 271-2902

    Than* you for your interest in the management of household
hazardous waste.  If I can be of any further assistance, please
let me Know.

                                       Sincerely,
                                       J. Winston Porter
                                       Assistant Administrator

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           um.cw jiAiti er«»iKUf»»*eNi At PROTECTION AGENCY
                                          .,            9441.198" t€0.'
                        ^^.                 e>^            ^ ~ ^ •*
                         IU6 i  t 1987
Honorable Lloyd Bentsen
United States Senate
961 Federal Building
Austin, Texas  78701

Dear Senator Bentsent

     Thank you for your July 14, 1987, letter requesting
information relative to the concerns of your constituent,
Mr. Harrison T. Brundage.  Contrary to Mr. Brundage's
information, the Environmental Protection Agency  (EPA) has
not classified oil field drilling muds as hazardous substances.
These wastes are currently exempt from regulation as hazardous
waste.

     As required by the Resource Conservation and Recovery
Act (RCRA), EPA is currently undertaking a scientific study
of these wastes.  This study will provide the basis for a
Report to Congress due by December 31, 1987.  Th« etatuta
requires that the study addressi

     (A) the sources and volume of discarded material generated
         per year fron such wastes;
     (B) present disposal practices;
     (C) potential danger to human health and the environment
         from the surface runoff or leachate;
     (D) documented cases that prove dangerous or have caused
         danger to human health and the environment from
         surface runoff or leachate;
     (E) alternatives to current disposal methods;
     (P) the cost of such alternatives; and
     (G) the impact of those alternatives on the  exploration
         for, and development and production of,  crude oil
         and natural gas or geothermal energy.

     It is our intent to fully address each of these study
factors, including the economic impacts on the oil  and gas
industry, in the Report to Congress.  While many  components
of drilling muds may be relatively benign substances, the
results of the EPA study to date indicate the presence of
some constituents of potential concern.  EPA is currently
evaluating whether these constituents are present at levels
of jeten^iaj. r•military concern,.

-------
     After EPA submits the Report, to Congress*  there will be
a period for public hearings and comments*  following which*
in June of 1988. EPA will make a regulatory determination.
Such a determination will be in the form of a recommendation
as to whether additional regulations are, or are not* needed.
The statute provides that additional regulations would take
effect only when authorized by an Act of Congress.

     We trust that this explanation helps to clarify this
issue for your constituent.  If I can be of any further
assistance* please let me know.

                              Sincerely,
                              J. Winston Porter
                              Assistant Administrator

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                                                       9441.1937(55)
                          JUL 24 I98T


Honorable Helen Bentley
Rouse of Representatives
Washington, DC  20S15

Dear Ma. Bentleyt

     The purpose of this letter is to provide you with nor*
information concerning th* ECU Chemicals* Hawkins Point Plant in
Baltimore, Maryland.

     After receiving the May 7, 1§87 letter  from SCM Chemicals, EPA.
staff in Region ZZZ and in Headquarters have been reviewing operatii
at their Hawkins Point Plant.  We have not limited our review to
the issue raised in that letter* rather* we  have taken a broad
approach in evaluating the plant's manufacturing and waste managene
operations.

     Under the "Bcvill Anandaent" tc P,CRA, on 'mining waste
exclusion", solid **st6 £rob\ £ha extraction* benefieiation, and
processing of orec and minerals is temporarily excluded from regula
tion under Subtitle C.  Based on our review  of the operations at
the Hawkins Point Plant* we  have concluded that the plant is
processing ilmenite ore to obtain titanium dioxide.  Therefore* the
wastes from such processing  at the SCM facility are temporarily
excluded from regulation by  the Bevill amendment.  Assuming the
wastes from this processing  are the only wastes in the batch
attack lagoon* the lagoon is not subject to  Subtitle C requirement*
(See 40 CFR 261.4(b)(?).) This determination regarding the
application of the ftevill exclusion is based only on the existing
information we have received from the Hawkins Point Plant.

     We understand that Maryland's regulation contains an analogue
to the Bevill amendment* but that Maryland officials have taken a
more narrow view of their exclusion.  Thus*  SCM could continue to
be regulated under the State's current hazardous waste regulations
and be subject to the State's corrective action order.  The scope
of the mining waste exclusion is a difficult issue.  Given past EPA
decisions on the scope of the Federal exclusion* we believe the
titanium dioxide process at  SCM is temporarily excluded from Pedera
RCRA  jbtitle C jurisdiction. However* the  ftate may interpret th*
scope of their exclusion more narrowly and still conport with
Federal law.

-------
     Picas* let me know  if you have  any further  questions or conmenti
on this matter.

                              Sincerely*
                              J.  Winston Porter
                              Assistant Administrator

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           UNITED STATES ENVIRONMENTAL PROTECTION AC
                       WASHINGTON. O.C. 204SO
                                                      off tet of
                                             •OLIO WA«TC ANO •McnotNcv
Mr. Henry G.  Williams
Commissioner
State  of New  York
Department  of Environmental
  Conservation
Albany, Mew York  12233-1010

Dear Commissioner Williams:

     Thank  you for your April 29, 1987, letter expressing
your concerns regarding our current policy on the legal status
of municipal  waste combustor  (MWC) ash.

   -  As you know.  Section 223 of the Hazardous and Solid
Waste  Amendments (HSWA) of 1984, which clarifies household
waste  exemption of the Resource Conservation and Recovery
Act (RCRA), addresses the statue of MWC or resource recovery
facilities.   However, HSWA does not directly address disposal
of the combustion residues.  Our policy regarding Section
223 of HSWA,  as it applies to MWC residues, was set forth in
the preamble  to the Final Codification Rule of July 15,
1985,  50 FR 28725. A copy is enclosed for your convenience.
That policy has been and continues to be that ash from municipal
waste  combustion facilities is not automatically exempt from
regulation  as a hazardous waste.

     In the fall of 1966, the Agency began a research effort
designed to provide reliable data on ash management and the
potential for environmental exposure to ash constituents.
Phase  I of  that effort is nearing completion.  This fall we
expect to have developed a plan for aa environmentally protective
ash management strategy.  We are considering both treatment
approaches]  and special disposal approaches such as monofills
as options)  for this strategy.

     We are aware of the significant interest in the issue of
MWC ash management, and we encourage and welcome participation
by the states in its resolution.  My staff, I know, has been
in close communication with staff from your office.  Your
continued interest and cooperation in this endeavor is appre-
ciated.

                              Sincerely,
                              J. Winston Porter
                              Assistant Administrator

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                                                        9441.1986(32)
                             APR 2 I J9RS
Mr. Thomas J.  *ronanfel,  *>£
waste Hanaqement  Section
Mvision of Environmental
  Protection
State of Neva-Ja ^eoartwent
  of Conservation and
  Natural Pesources
Cacitol Comdex
Carson City, Nevada   <*<5710

r>ear "ole,  e^oty containers
nn-« tne liKe  result inn fro-n nomal rnon -lesninn or r>esticMe
nnvivino of the  room could he exclude'4.  :jowev»r, drv-ci*«anin^
*r-» vehicle fleet or equipment maintenance sre not  routine
household operations! wastes resulting fr^'n such activities at
hotels and -wotels,  if hazardous, *re wih^ect to FC&A renulatorv
control .
       is  interpretation is fcr the Pederal °r°* nronraw.  *tnce
       has  final authorization for the fr»/» r.r'VH*"', it i« their
rules which will apply in this case; in arcordanc* with .tn- statute
your regulations or standards nay he Tore strinent f.han the
Federal rules.   If you have any other questions, nleas* call our
iotlin« at  800/424-««>46 or call fe direct it ?02/l*»?-477n.
                                     Alan Corson
                                     "Nsputv Director
                                     Characterization

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                                                                   3 *t t » • -»- "

                                APRIL 87
4.  waste Derived fron Treating Exempt or Excluded Wastes

    Residues from treating,  storing, or diposing of hazardous waste
    are included in the definition of hazardous waste ($261.3(c)(i)).
    Can residues resulting from incinerating the following wastes
    wr.icn are exenpt or excluded from regulation meet the definition
    of hazardous waste?

    (a)  Asn produced by incinerating hazardous waste generated by
         less than 100 kg/mo small quantity generators whose waste
         is exenpt from full regulation by §261.5(b).

    (b)  Ash produced from incinerating only household waste which is
         excluded from the definition of hazardous waste per
         5261.4(S>){1).

   (c)  Ash produced fron incinerating EP toxic arsenical treated
        wood which is excluded from the definition of hazardous
        waste unde^r §261.4(b)(9).

        (a)  Yes, Although $261.5(b) exempts wastes from small
             generators producing  <100 kilograms per month from
             regulation under Parts 262-266 and Parts 270 and 124,
             it coes not exempt the waste from being classified as
             hazardous, nor does it imply that the waste is not
             hazardous.  A discussion in the preamble o.f the August 1,
             1985  Federal Register mentioned that any hazardous waste,
             regardless of its point of origin, is hazardous waste.
             This logic could only apply to < 100 kg/mo generators',
             waste, as well as to > 100 kg/mo generators* waste
             (50 FJR 31299).   The incinerator would not be required
             to have a RCRA permit in order to receive hazardous
             waste from < 100 kg/mo generators per $265.1(c)(5)and
             $26«4.1{g)(l), but the incinerator could itself generate
             a hazardous waste ash that would be subject to
             regulations under Parts 262-266.

        (b)  No.  Section 261.4(b)(l) excluded household waste that
             has been recovered (e.g., refuse-derived fuel) from
             regulation as a hazardous waste.  The preamble of the
             May 19, 1980 Federal Register stipulated that residues
             remaining after treatment (e.g. incineration) of household
             waste are not subject to regulation as hazardous waste
             (45 FR  33099).

        (c)  Yes.  The exclusion for arsenical treated wood, as
             discussed in the preamble of the November 25,  1980
             Federal Register, pertains  to arsenical-treated wood
             that is land disposed by someone who uses the wood  for
             its intended end use,  (45 FJR 78531).  This exclusion
             doe not extend to EP toxic  waste generated  by  the
             incineration of the wood.   The  incineration of  the
             wood may be subject to regulation  if the wood  exhibits  the
             characteristic of EP toxicity.

        Source:    Matt Straus   (202) 475-8551
        Research:  Kim Cotwals

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                                                             9441.1937(16

                                  7 19ST
'jr. *ladir»i.r Gnlevieh,  Fh.n.,  P.*., Director
rur**u  of  H««arrtoua wa«t
rcrr.o«"*»» » i th of Virginia
r»r;.i r tceir  ct V
tith 'lonr.
1 .-M •'.  1 J t*»
                   « in  r«»"«n»e to the v«rloa« cenw* r^« ti o«« w«
                   l«e^*r  «f J*noa^v 15,  17*7,  IP r«f*r«»ne* te  th
"..«. >-avy  «^lvac*» fu«l  teil*r plant In Morfolk.   I *av* al«o
r»«-eiv«d  fro» you rp  tox  data »Meh in<*icat*  «OP« a»h fre« thi»
plant  •zec*^* *P concentration I«T«!A for  l*ad and ea<5i«inf».  I
unrt«r«tAnd th* r.*. navy  baa oro?o»n'i that  tt»« r»«i«!t(«i* frow
this nlant b* *z^rpt«d  frr   ^azarciou« vaat* r«*r« is  inauf f ici*nt  inrcrratior. to ^«tftrrir. w*»ther r»»i-:u-
frof> t.i«  r»orfolX facilitv -ualiri«» fcr  tM»  -rrrlanicr.  ^r
January 13,  l"5fil, r>-«  *n*ney offer^i1 an  IP t«r-r* t* t i or (