vv EPA
               United States
               Environmental Protection
               Agency
            Office of
            Solid Waste and
            Emergency Response
DIRECTIVE NUMBER:  9443.02(80)


TITLE: The Impact of Hazardous Waste Regulations on
     Food Processors
               APPROVAL DATE:  9-16-80.

               EFFECTIVE DATE:  9-ie-so

               ORIGINATING OFFICE: Office of Solid Waste

               0 FINAL

               D DRAFT

                 STATUS:
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A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review &/or comment
D- .In development or circulating

          headquarters
                REFERENCE (other documents):
  OSWER      OSWER      OSWER
fE    DIRECTIVE   DIRECTIVE    Di

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PART 261  SUBPART C - CHARACTERISTICS
                                                DOC.  9443.02(80)
Key Words.

Regulations,

Subject.


Addressee:


Originator:

Source Doc:

Dare:

Summar-
Food Processing Waste, Corrosive Wastes

40 CFR 261.22

The Impact of Hazardous Waste Regulations on
Food Processors

Jack L. Cooper, Director, Environmental Affairs, National Food
Processors Association, 1133 20th St. N.W. Washington, D.C.
                                            \.
Eckardt C. Beck, Assistant Administrator, Offifce of Solid Waste

#9443.02(80)

9-16-80
     Prior to neutralization, the waste produced from food processors may
occasionally exhibit the hazardous waste characteristic of corrosivity.  Upon
neutralization, the waste leaves the plant as non-hazardous waste.  EPA will
not declare caustic food processing waste non-hazardous, because to do so would
be inconsistent with the May 19, 1980 regulations which identify corrosive
waste as hazardous waste.  That a waste is adequately managed is not a criteria
for exempting it from the hazadous waste definition.

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            UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHIN 3TON, D.C. 20460
                                                       OFFICE OF WATER
                                                    AND WASTE MANAGEMENT
 Mr. Richard Hill
 White Consolidated Industries, Inc
 11770 Berea Road
 Cleveland, Ohio   44111

 Dear Mr. Hill:
      This is in response to your letter of September 22, 1980,
 addressed to Filooena Chau of EPA, in wh.'.ch you requested a
 clarification of the hazardous waste regulations as to whether
 painr. residues on conveyor hooks resulting from conveyorized
 spray painting operations are considered hazardous and covered
 by the F017 generic hazardous waste listing.   The wording of
 F017  listing ("paint residues or sludges from industrial
 painting  ...") and the description in the background document
 for  this  listing convey our determination that such paint
 residues  are potentially hazardous to human health and the
 environment if not properly managed and disposed.  The paint
 residues  which you describe would fall under  this category.

      We have received many comments on the paint residues
 listings  promulgated in interim final form on July-16.
 Several commenters have raised questions analogous to  yours.
 and we are  currently evaluating them.   We expect to meet wich
 industry  representatives  (e.g., NPCA)  and would be pleased to
 receive your more  extended comments on this matter.   la this
 respect it  would be  useful for us  to  know,  for instance,  vhat
 is the quantity  of residues  which  you  describe as adhering to
 conveyor  hooks,  what  is  the  quantity  of  sludges whfch  are
 created by  the caustic  bath  treatment,  vhat is the fate of
 these  sludges  (how are  they  disposed),  and  what is the  nature,
 amount and  disposal  of  the  residuals  resulting from  the
 incineration of*the  paint  residue.
                    \
      In the  event  that  review  and  analysis  of  the comments
 show  that a  change  is necessary,  the  regulations  will  be
 revised.  We  expect  to  publish our  findings in the Federal
 Register  in  advance  of  the  date  (Jaunary  16,  1981)  on  which
 these particular regulations will  take  effect.
     It should be noted^ however, that in an amendment  to  the
hazardous waste regulations published on October  30,  1980
the Federal Register (45 _F_R 72024), a copy of which  is
the Agency excluded from regulation under *Q CFR
through 265 or P-irts 122 through 124 or the
              in
           attached
     Parts 262
requirements on

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 Section 3010 of RCRA hazardous wastes that are generated in
 .1 product  or raw material storage tank*,  transport vehicles
 or vessels or in a manufacturing process unit.  Thus, in
 your particular instance, i f the hangers containing paint
 residue are  included within the hazardous waste system,  the
 conveyor hooks  would not be subject  to regulation until  they
 were either  discarded or treated (i.e.,  burned to remove
 paint  residue from the hangers).

      Please  feel free to call  Dr.  Judith Bellin of m-y staff
 if  we  can  be  of  any further assistance.   Her  telephone
 number  is  (202)755-9187.

                         Sincerely  yours,
                         Gary  N.  Dietrich
                         Associate  Deputy  Assistant  Administrator
                          for  Solid Waste  (WH-562)
Enclosure
cc :   Filonena Chau
     Dr. Judith Bellin
     Kathy Kohl
     Matthew Straus

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