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Re: Mixed Waste



I'm sure many of you are aware of this, but the following is an excerpt 
of the most recent renewal of the exemption to the 90-day rule for mixed 
waste.  It was issued last year and is effective until  4/21/98.

-------------------------------------------------------
Dewey A Burbank Jr            SGN Eurisys Services Corp
Principal Engineer                          MSIN# H5-27
(509)372-0855                                PO Box 840
dewey_a_jr_burbank@rl.gov            Richland, WA 99352
-------------------------------------------------------


[Federal Register: April 26, 1996 (Volume 61, Number 82)]
[Notices]               
[Page 18588-18592]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5463-4]

 
Extension of the Policy on Enforcement of RCRA Sec. 3004(j) 
Storage Prohibition at Facilities Generating Mixed Radioactive/
Hazardous Waste

AGENCY: Environmental Protection Agency (EPA).

ACTION: Policy statement.

-----------------------------------------------------------------------

SUMMARY: EPA is announcing a limited extension of its policy (56 FR 
42730, August 29, 1991) on the civil enforcement of the storage 
prohibition in sec. 3004(j) of the Resource Conservation and Recovery 
Act (RCRA) at facilities which generate ``mixed waste'' regulated under 
both the RCRA subtitle C hazardous waste program and the Atomic Energy 
Act (AEA). The policy affects only mixed wastes that are prohibited 
from land disposal under the RCRA land disposal restrictions (LDR) and 
for which there are no available options for treatment or disposal. 
This action renews the August 1991 policy for an additional two year 
period for some mixed wastes, based on EPA's determination that 
treatment technology and disposal capacity <SUP>1 for these mixed 
wastes are still not available.
------------------------------------------------------------------------
---

    \1\  For purposes of this policy statement, ``available 
treatment technology and disposal capacity'' means that a facility 
is commercially available to treat or dispose of a particular waste 
and the facility has either (1) a RCRA permit or interim status; (2) 
a research, development, and demonstration permit under 40 CFR 
270.65; or (3) a land treatment permit under 40 CFR 270.63.
------------------------------------------------------------------------
---

    Pursuant to the terms of this policy, EPA will treat violations of 
section 3004(j) involving relatively small volumes of waste as reduced 
priorities among EPA's potential civil enforcement actions. EPA's 
primary concern is with (1) mixed waste facilities that are not 
pursuing environmentally responsible management of their stored mixed 
wastes, especially those storing large quantities of mixed waste, and 
(2) those that are storing wastes for which treatment technology is 
commercially available. Generators must explore all viable treatment 
and disposal alternatives during the next two years since new 
technologies may come on line at any time. If treatment technology and 
disposal capacity are available, it is incumbent upon the generator to 
use them. EPA anticipates employing RCRA Sec. 3007 authority to ensure 
that this policy is not abused, with particular focus on ensuring that 
emerging treatment technologies are fully utilized and on confirming 
that those wastes for which no treatment exists are stored safely.

EFFECTIVE DATE: April 21, 1996.

FOR FURTHER INFORMATION CONTACT: Nancy Hunt, Federal, State and Tribal 
Programs Branch, Office of Solid Waste; Telephone (703) 308-8762.



______________________________ Reply Separator _________________________________
Subject: Mixed Waste
Author:  <L666783@LMSC5.IS.LMSC.LOCKHEED.COM> at -MailLink
Date:    4/30/97 10:18 AM

Good morning, Radsafers.

I'd like to direct my question to my California colleagues. How 
are you handling your mixed wastes? Have you ever been hassled 
by the haz waste regulators about storing the hazardous portion 
of the mixed waste for longer than 90 days? 
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