Booz·Allen & Hamilton, Inc.
Faxback 11563
9441.1990(26)

OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE

SEP 20 1990

John Huber
Counsel
Petroleum Marketers Association of America (PMAA)
1120 Vermont Ave., NW
Suite 1130
Washington, DC 20005

Dear Mr. Huber:

Thank you for your July 18, 1990, letter regarding the
toxicity Characteristic (TC) rule outreach and implementation
programs, and on clarification with regard to the date by which
small quantity generators must notify. As you know, the TC rule
will be effective on September 25, 1990. At that time all large
quantity generators (LQG) of hazardous waste must be in
compliance with all applicable Subtitle C standards under the
rule; small quantity generators (SQG) must comply by March 29,
1991. In order to reduce the burdens imposed by the TC rule
before the effective dates, the Environmental Protection Agency
(EPA) has developed and implemented TC outreach activities for
affected industries (enclosure). Specifically, our records
indicate that PMAA requested through our outreach program to
receive copies of: 1) SQG and LQG brochures which contain
industry-specific inserts (e.g., vehicle maintenance); 2) used
oil brochures; and 3) waste minimization booklets. Currently,
PMAA's orders are being filled through our Cincinnati warehouse.
We are pleased with your interest in helping with such outreach
and trust these materials will be helpful in that effort.

Regarding guidance from EPA on whether a particular
substance handled by petroleum marketers should be characterized
as a hazardous waste and on whether used oil should be
characterized as a hazardous waste, EPA does not determine
whether a particular waste exhibits a characteristic. Such a
determination is the responsibility of the generator under the
hazardous waste program, and each generator of a solid waste is
responsible for determining if he or she is generating a
hazardous waste (40 CFR 262.11). We have, however, taken recent
samples of used oil. We will be releasing that data this fall in
a Federal Register notice. While individuals may still choose to
evaluate their specific used oil, this data should provide useful
information for those choosing to apply knowledge of typical used
oil characteristics. We will promptly notify you as soon as that
data can be released.

Fuel oil that has escaped from a tank may be subject to
regulation under the hazardous waste program if it is not
promptly cleaned up. However, the Subtitle C program (hazardous
waste) does not regulate "household waste" exempted under 40 CFR
261.4 (see 49 FR 44978, November 13, 1984). EPA would generally
consider leaks from household tanks to be "household waste" and
thus not hazardous waste, regardless of whether the contaminated
material is removed by the homeowner or a contractor. Further,
reclamation of petroleum products from the contaminated material
(soil) and the burning of that material foro energy value is also
exempted from the hazardous waste regulations.

With regard to clarification of the date by which SQGs must
notify to be in compliance with the TC rule, EPA has addressed
this issue in the correction notice (enclosure) published in the
Federal Register on August 2, 1990 (55 FR 31387). Due to the
inconsistences observed in the March 29, 1990 Federal Register
notice (55 FR 11798), EPA is providing SQGs with an additional
three months to submit notifications. This extension applies to
SQGs only. Therefore, generators of 100 or more and less than
1000 kg/mo (SQGs) of total hazardous waste who are newly
regulated by the TC rule must notify the appropriate EPA Regional
office by November 2, 1990, not October 31, 1990. The
October 31, 1990 date printed in the August 2 notice was a
misprint at the Office of the Federal Register. A correction
notice correcting this misprint was published on August 10, 1990
(enclosure).

I hope this information is of assistance. For further
information concerning the applicability of the TC rule,, please
contact Steve Cochran, Chief of the Characteristics Section, at
(202) 475-8551, or write me. If you are willing, we would also
like feedback you may be able to provide us on how your
membership reacts to the brochures and similar outreach
materials, and what other specific questions they most want
additional information on.

Enclosure


Sincerely yours,

Original Document signed

Sylvia K. Lowrance
Director
Office of Solid Waste