Mixed Waste Storage

[Steve Deitch <StephenD@compuserve.com>]

NSSI stores and treats mixed wastes, and interacts with both large quantity
generators and CESQG's.  Our contribution on this subject, particulary in
regard to one of the responses is contained in the following letter from
Bob Gallagher (my boss).

We also wish to add our congrats and thanks to Michelle for keeping this
bbs effective.
Steve Deitch
NSSI


January 8, 1998

I reviewed the comments from Steve Conatser concerning mixed wastes. Some
additional clarification seems to be necessary. 

A. I agree with the CESQG interpretation with the exception that the CESQG
rules weren't written with radioactivity or mixed waste in mind at all. The
CESQG is an EPA provision for hazardous wastes only. I would caution any
hazardous waste user of the CESQG provisions of Part 40 to read 261.5 very
carefully. Be aware that EPA gives authority to store and treat CESQG
wastes at the generator site but does not have the authority to authorize
the treatment of radioactive wastes. In fact, some states authorized by the
EPA to administer the EPA program have restrictions on treatment of waste
which are more restrictive than the EPA regulations. 

B. Again, I agree generally with the statement. So long as the generator
does not exceed a generation rate of 100 kg per calendar month (or 1 kg for
acute wastes) he does not have a limit on the time it is stored. As soon as
he accumulates more than 1000 kg of hazardous waste the 90 day limitation
on storage becomes applicable. Again, NRC or agreement state requirements
may limit more than the EPA regulations.

C. I totally disagree with this paragraph. I am not aware of any document
or statement by EPA that they would allow the treatment of mixed waste at
all facilities without a permit.  Some persons have interpreted that CESQG
generators could treat mixed wastes as such treatment is allowed in part
261.5. Part 261.5 provides the option of treating CESQG wastes on site or
shipping them to a properly permitted offsite facility.  I also disagree
that a facility authorized to decay radioactive waste in storage by the NRC
or agreement state licensing agency is exempt from compliance with the EPA
limitations on storage for the hazardous component (if any) of that waste.
Again, the NRC or agreement state doesn't have the authority to regulate
hazardous waste.

The EPA initially chose to overlook storage of mixed wastes as there were
no permitted mixed waste treatment facilities available. As treatment
facilities such as NSSI have been permitted for mixed waste treatment, EPA
and state regulatory agencies have taken a more restrictive position and
are now citing non CESQG facilities for these storage violations.

Mixed waste generators should be aware that their wastes are subject to
three sets of rules, the EPA regulations, the NRC or agreement state
regulations, and the disposal site regulations. The disposal site does not
recognize CESQG hazardous wastes as being any different than other
hazardous wastes. Until that waste is properly treated, the waste is not
acceptable for burial at any of the land disposal sites.

Persons interested in mixed waste and the testing of mixed waste may wish
to obtain a copy of "Joint NRC/EPA Guidance on Testing Requirements for
Mixed Radioactive and Hazardous Waste" wich was recently published in the
Federal Register of November 20, 1997 (Volume 62, Number 224, page
62079-62094).

If more specific information on mixed waste treatment is needed, please
contact me directly at: Bob Gallagher NSSI/Recovery Services, Box 34042,
Houston, Tx 77234 Tel 713 641- 0391.
PS Do not hesitate to email me at this address as an alternative  - Steve