Kennecott north facilities soils and wastewater treatment plant ponds site removal action correspondence and documents, 1998-2000

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4 Nonetheless I the Agency continues to assert that unused chemical. pzcduct.s I if disposed of I are, not exempt from hazardous wast.e regulation_ This position is consistent with the language of.the. Regulatory Determination (53 FR 25454, July 6, 1988) and subsequent clarification notice ·(58 FR 15286, March 22, 1993). ' only a reopening of the rulemaking·process, material. , Such an Regulatory Determination, through a new change the· Agency's position on unused could effort is not being contemplated by EPA. To the extent that unused materials are hazardous only because of their ccrrosivity (.g., completion and workover fluids), these unused acids can be treated (neutralized)_ by "totally enclosed treatment" (in the same tanks used to hold the wokover fluids prior to use) without subjecting operators to Subtitle C jurisdiction., In that case, the neutralized waste likely 'Would not exibit a hazardous characteristic. The.re are no federal prohibitions on placing non-hazardous unused products in the ree:rve pit If you have any additional questions concerning these p Le a s e call Mike Fitzpatrick at [phone]. ':ma·tters,' Since.rely, H / /1' .--r '? . "J.__u_.J'1../"n(.. Ii . BruR. wedde, Acting Director 1,,/ offl.ce of Sold Waste Lj cc: David M. Flanneryl Robinson & McElwee Director Ground Water Protection Division, Headquarters· Randy Hill, Office of General Counsel Water Management Division Directors, X Regions I Hazardous Waste Management Division Directors, Regions I Theodore M. streit, Chie! Office of Oil and Gas, West Virginia Division of Environmental Protection Ramona Trovato, - ' - X