Faxback 12634

9441.1986(45)

RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

MAY 86

1. Small Quantity Generators/Parts Washers/Waste Counting

An owner/operator (o/o) of a service station leases a parts washer
containing mineral spirits from 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 140o F. The o/o's written 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/mo 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 "[a] 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 emptied 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 261.4(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