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: [ 1 { 1 I 1 [ 1 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 ------- 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. ------- 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 ------- 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 ------- |