RCRA Definition of Free product from ground water

Background:

In Times past, the plant has lost product materials from various practices, which has accumulated above aquatards underneath the plant. These products because of low solubility and high specific gravity have remained perched in these subterranean locations. The company now wishes to remove the free product from the perched zones and return them to product or use as raw materials. In order to do this the product needs to be dried to meet raw material and product standards.

Issue:

When we dry the recovered product, will it be treatment? In an interpretive memo, RCRA online # 11713 the EPA says:

“In the toxicity Characteristic final rule that defines waste as hazardous under RCRA Subtitle C Regulations, “Referring to cleanups of contaminated soil and ground water… It reads”:

“Moreover, the UST cleanup activities involving the most contaminated media and debris are also likely to involve free product recovery. Free product recovery would not be subject to subtitle C requirements because the material being recovered is not a waste.”

This statement was intended to describe the status of “free product” or products, that have been stored, spilled and were subsequently recovered, for use or reuse in their normal manner.”

The same letter, in question and answer section, adds regarding recovered gasoline but implied to any free product:

“Gasoline that is recovered and used as a fuel either by sending to a refinery for refining, or combining with other gasoline directly for resale, with no processing, (or with some processing, for that matter) is not a waste and thus is excluded from RCRA Subtitle C regulation.”

In a letter to the State of West Virginia, in 1998, Online # 14650 the EPA addressed the issues of cleanup of gasoline spills, says:

“Note: If free product is recovered from a spill of gasoline, this material is potentially not a solid waste under RCRA if the material can be used as a commercial chemical product for its original intended purpose or if the material is sent for reclamation.”

Regulatory Citation:

The interpretive memo’s above along with the regulatory language found in 261.2,

Table 1 and 261.2(a): 261.2(b); 261.2(c)(2); 261.2(f); and 261 (c)(3). In addition, we confirmed our thinking with conversations with the RCRA hot line.

Interpretation:

The free product recovered from the ground water beneath the plant will be exempt from the hazardous waste regulations as long as we are using it directly as a process feedstock after e

Dewatering through a mole sieve prior to use.