Mixed Waste

[baumbaug@nosc.mil (Joel T. Baumbaugh)]

     Oh knowledgeable ones,

     A  colleague of mine employed by the Department of the  Navy
has a problem, and perhaps this group can be of help.

     This  person  has discovered and removed (from  the  ground)
some  old "slag" which contains radioactive material  (radium-225
and  "perhaps" U-238 and thorium isotopes) AND some heavy  metals
(lead, tin, copper, magnesium, beryllium etc).

     This material is, of course, mixed waste.


The Problem:

     The  Navy is telling this command that they have 90 days  to
ship this material to a disposal/treatment site or they will  be
in violation of various and sundry California and Federal
regulations.

BUT:

     IS THIS MATERIAL HAZARDOUS WASTE?

     DOES THIS MATERIAL HAVE TO BE DISPOSED OF/SHIPPED OFF WITHIN
     90 DAYS?, and

     WHAT SITES CAN ACCEPT THIS WASTE (FROM CALIFORNIA)


To digress:

     What  is a solid waste?  40 CFR 261.2 defines a solid  waste
as any discarded material that is not excluded by 261.4(a)...

     40   CFR  261.4 (Exclusions):  Excludes (a) Materials  which
are
not  solid  wastes.   Subsection (4) exempts a  "source,  special
nuclear  or  byproduct  material" (California  Title  22  66261.4
(a)(2) gives the same exemption).


So:

     As  this  material  does not meet the definition of  a  RCRA
SOLID  WASTE,  nor  of  a  RCRA HAZARDOUS WASTE,  -  and  -  it's
RADIOACTIVE,  that  component  should take  precedence  over  the
metals that it contains.

     Therefore,  the 40 CFR 262.34 "Accumulation Time" specifying
that  a  generator may accumulate hazardous waste on-site for  90
days  or  less  without  a  permit  or  without  having   interim
status..... should not and does not apply.

     What do you think, inquiring minds want to know...


     Thank you all (a head of time) for your input,

     Joel Baumbaugh   (baumbaug@nosc.mil)
     NRaD
     San Diego, CA

Std.  Disclaimer.   The thoughts and opinions above are mine  and
mine  alone and do not (necessarily) reflect the opinions of  the
Federal Govt.,  the Navy or my supervisors.