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
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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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