Background and Basis for Requested Flexibility Sample Clauses

Background and Basis for Requested Flexibility. RCRA generally requires that a facility such as OMP’s obtain a RCRA permit in order to treat on-site materials designated as hazardous wastes, subject to certain exceptions and exemptions. (See 40 C.F.R. § 270.13 and § 270.14 and applicable sections in 40 C.F.R. § 270.15 through § 270.29). Assuming OMP’s LLMW is a RCRA hazardous waste, its HTCO process meets RCRA’s definition of “treatment” (which typically triggers a requirement to obtain a RCRA permit) because the oxidation destroys the organic components of the samples.3 Notwithstanding its July 1986 Federal Register notice in which it announced its determination that the hazardous waste portion of mixed waste is subject to dual AEA/RCRA regulation, EPA has recognized the potential that RCRA and AEA requirements can pose unnecessarily duplicative regulatory requirements. On November 19, 1999, after reviewing comments received on a March 1, 1999 Advanced Notice of Proposed Rulemaking, EPA issued a Proposed Rule for the Storage, Treatment, Transportation, and Disposal of Mixed Waste under 40 CFR Part 266. In the proposed Rule, EPA would allow the on-site treatment of LLMW (and on-site storage of LLMW), without a RCRA TSDF permit, where the LLMW is physically or 2 Pennsylvania has prepared a revised RCRA authorization package, incorporating provisions of SWMA and other Commonwealth statutes and specifically requesting authorization to regulate mixed waste, which it has submitted to EPA. As required by RCRA, the Commonwealth’s Statement of its Attorney General notes that the Commonwealth adopts EPA’s determination that the hazardous waste portion of mixed waste is not byproduct material and is subject to RCRA. 3 OMP did consider whether its NRC-licensed laboratory met the definition a “totally-enclosed treatment facility” as defined in 40 CFR § 260.10, in which case a TSDF permit would not be required under 40 CFR § 264.1(g)(5). OMP determined that it did not qualify for this exemption because its HTCO unit is not “directly connected to an industrial production process," as required by 40 CFR § 260.10. Moreover, even if OMP had qualified for an exemption from the requirement that it obtain a TSDF permit under 40 CFR § 264.1(g)(5), the radioactive residues would still be subject to RCRA’s “derived from” rule (see 40 CFR § 261.3(c)(2)(i)), under which any residues from the treatment of a listed hazardous waste are deemed to remain a hazardous waste. OMP anticipates that some of the LLMW it will process in its...
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