DSHW-1996-002316 - 0901a0688013a455

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DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF SOLID AND HAZARDOUS WASTE ^ /' ^ ^^o3
Michael O. Leavitt
Governor
Dianne R. Nielson, Ph.D.
Executive Director
Dennis R. Downs
Director
:; 288 North 1460 West
\ P.O. Box 144880
S SaJt Lake City, Ulah 84114-4880
\ [phone] Voice
[phone] Fax
1 [phone] T.D.D.
November 26, 1996
Mr. Joe D. Thompson, Director
Waste Management and Environmental Services
Thiokol Corporation
P.O. Box 689
Brigham City, UT 84302-0689
RE: The status of reclaimed hazardous materials and the treatability study conditional
exclusion
Dear Mr. Thompson:
On September 19,1996 the Division ofSolid and Hazardous Waste (the Division) received a request
from you to respond, in writing, to your understanding of treatability studies and how they apply to
reclamation and recovery processes conducted at Thiokol. This letter is written to reiterate guidance
provided by the Division regarding this issue.
The conditional exclusion that applies to treatability study samples is generally for studying site
reclamation (or destruction of contaminant) and disposal technologies. As was pointed out in your
letter, commercial chemical products that are listed in 40 CFR 261.33, or that exhibit a hazardous
waste characteristic (50 FR 14219), are not considered solid waste when reclaimed [40 CFR
261.2(c)(3)]. A material is reclaimed if it is processed to recover a usable product, or if it is
regenerated.
It is stated in 40 CFR 261.2(f) that a person claiming that materials are not solid wastes, or are
conditionally exempt from regulation, must demonstrate that there is a known market or disposition
for the material, and that they meet the terms of the exclusion or exemption. This may be
demonstrated by providing appropriate documentation (such as contracts showing that a second
person uses the material as an ingredient in a production process) to support the party's claim.
In addition, it is stated in the Guidance Manual on the RCRA Regulation of Recycled Hazardous
Wastes, that "persons accumulating hazardous secondary materials not otherwise defined as wastes
have the burden of proving that they are not accumulation materials speculatively; that is, that they
are recycling sufficient amounts of secondary materials." 40 CFR 261.1(c)(8) states that a material
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is not accumulated speculatively if the person accumulating it can show that the material is
potentially recyclable and has a feasible means of being recycled; and that-during the calendar year
(commencing on January l)-the amount of material that is recycled, or transferred to a different site
for recycling, equals at least 75 percent by weight or volume of the amount of that material
accumulated at the beginning of the period.
The Division encourages the reclamation and recycling of hazardous materials rather than disposal,
however, it is requested that Thiokol maintain the necessary records, as described above, so that it
can be demonstrated that the terms of the exclusion or exemption are being met.
Ifyou have any questions regarding this letter, please contact Jeff Vandel at 538-9413.
Sincerely,
)ennis R. Downs, Executive Secretary
Utah Solid and Hazardous Waste Control Board
DRDUCVMl
F.\SHW\HWB\JVANDEL\WP\THIOKOL\TREATl 1.96
File: Thiokol