vvEPA
              United States
              Environmental Protection
              Agency
           Office of
           Solid Waste and
           Emergency Response
DIRECTIVE NUMBER:  9444.05(80)

TITLE:  Asbestos as a Hazardous Waste
               APPROVAL DATE: n-is-so

               EFFECTIVE DATE: u-is-so

               ORIGINATING OFFICE:

               0 FINAL
                  of Solid Waste
               D DRAFT

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

                      headquarters
               REFERENCE (other documents):
  OSWER      OSWER      OSWER
/£    DIRECTIVE   DIRECTIVE   Di

-------
PART 261  SUBPART D - LISTS
DOC:   9444.05(80)
Key Words:    Asbestos, Mixture Rule

Regulations:  40 CFR 261.33(f), Part 261, Subpart C

Subject:      Asbestos as a Hazardous Waste

Addressee:    Michael S. Rabren, Technical Director, U.S. Cylinders,
              100 Industrial Park, Citonelle, Alabama   36522

Originator:   Gary N. Dietrich, Associate Deputy Assistant Administrator for
              Solid Waste

Source Doc:   #9444.05(80)

Date:  11-18-80

Summary:

     Pursuant to §261.33(f), manufacturing process waste containing asbestos as
a normal constituent waste is not a hazardous waste.  This is because §261.33
(e) and (f) listings apply only to commercial chemical products.  Waste streams
containing one or more of these §261.33 (e) and (f) listed wastes do not become
hazardous unless the listed waste was itself discarded as an off-specification
or commercial chemical product which is then mixed with the waste stream pursuant
to the mixture rule.  The waste may, however, be deemed a hazardous waste if it
exhibits any of the characteristics of hazardousness identified in Subpart C of
§261.

-------
                                                                9444.05  (80)
                          NO'- IS 1SSO
Michael S.  Rabren
Technical Director
U.S. Cylinders
100 Industrial  Par);
Citor.ellc,  Alabar.a  2'.522

~«sar ".r.  r.abrer.:

     This is  to respond to ycur letter  of  October 30,  19CO, to
r'.s. "ilcr.er.o.  Chau asXir.g fcr clarification of  our hazardous waste
r.ar.agerzer.t  regulations as they apply  tc ycur ccnp.^.r.y's waste.

     You  indicate* that ycur waste is  CaC,  Sif*; and ^sbertcs and
waste? in  §2S1.33(f)  of our regulation,  but  this cr.ly applies to
technical grade  asbestos if,  fcr sone  reason,  it is discarded cr
intended  tc  be  discarded.  This  list-ing does  net causr a -.ar.ufacturir.c
rr'ccess waste containing asbestos as a  ncmai  waste constituent tc be
a hazardous  waste.   7ron rry understanding  of  ycur letter, your vaste
is such a r.anufacturi.-.g process waste.   If  this is correct,  it is r.ot
.2 '.-.ararucus  waste because of its cont.c.-.t cf asbestos.

     Your waste  nay  be a hazardous waste bee?.-?? it -=vhibits any of
th'*' characteris-tics  of ha^ar.~cu; wasf?  identified in £ubpart C z'~
Fart 2C1.  Frcr:,  the  ir.fcmaticr. provided in your Letter,  I cannot
"£•:£ ft  judr<2:r.ent. on  this point.  Ycu -ay want  tc ch^cV' cr. this.  I.r
you naec  further guidance,  I reccmer.c  that you contact-.

              Janes  Scarbrcurh
              Chief,  P.esidu'als Management Branch
              345 Courtianci Street, i;.E.
              Atlanta,  Georgia  3CJG5
             (404) SP.1-301G

     If you  should  find that ycur waste is  e.  hazardous waste and you
are a small  quantity generator, you are allowed to dispose of your
waste in  a  facility  that is approved by the State fcr "disposal cf
municipal cr industrial waste  (not a necessarily hazardous wast=
facility).   A sr.ftll  quantity ganorator is  one- who generates less t'-.ir.
10CC kilo-Tars  of hazardous vast a in a  calender ^.o;-.th.  Ycur lott-r

-------
states that you cisncse  of  5CH  kiiocrans per rr.or.th of asbestos.  Cur
regulation is based on the  quantity cf  the tctai va.ste,  net just the
quantity of the asbestos  or any other constituent in the wft£^fe.
Therefore,  I cannot r^aHe  a  judgement en whether you are a s-all cuantit-
Generator.   You r-.ay wish  to discuss this with Hr. Scarbrcuqh.

   '  I hope I have been helpful.   I apologise for the tardiness of this
response but we have been overvhelned with requests for clarificaticn
cf cur regulations.

                                         Sincerely yours,


                                         Gar-/ >:. Cictrich
                                            y A
                                            for Solid '-,'aste
      Tiicrier.a Chau  w/incoming

-------
             US  Cylinders
                             100 Industrial Park     Gtron«He, Alabama 36522    Teleohor* (205) 366-5523
                                            October 30,  1980
Ms. Filomena  Chau
U.S. Environmental Protection Agency
Office of Solid Waste'
401 M Street,  S.W.
Washington, D. C.  20460

Dear Ms.  Chau:

We have a waste which is made up of CaO, Si02 and Asbestos or to be simple,
asbestos  in concrete.  This waste is  in a heavy slurry with water and, upon
drying, it turns into a solid mass.   We have to dispose of approximately 500
kg per month  of asbestos in the above mixture which does not leak out when
wetted underground.

In order  to comply with the recent EPA regulation on disposing of hazardous
waste, we plan to do the following.   Since we are a small quantity generator,
our waste will be dumped each month in a controlled state permitted industrial
dump site.

Do we have a  hazardous waste, since we confine the asbestos in a lime-silica
mixture which  does not leak out when  wetted?  Presently, we dump at a site
that is very  similar to the state permitted site.  The state permitted site
will cost us  ten times what our present site costs.  As a small business
(less than 50  employees), this extra  cost is very tough to absorb.
I look forward  to your reply.
                                            Sincerely,
                                                    S.  Kabren
                                            Technical  Director
MSR/jt
                           compressed gas cylinders

-------
NOV 1 2 1930
 Mr. Michael S. Rabren
 Technical Director
 U.S. Cylinders
 100 Industrial Park
 Citrcnslle, Alabana   36322

 Dear Mr. Rabren:

      Thank you for your request of October 30, 1?80.  In
 that request,  you asked that EPA issue a Clarification
 concerning whether you have a hazardous waste if you
 confine the asbestos in a line-silica mixture.

      I have submitted your request to Mr. Gary Dietrich,
 Associate Deputy Assistant Administrator fcr Solid Waste.
 Mr. Dietrich is considering your request and, if appropriate,
 will assign a menber of the Solid Waste staff to draft a
 Clarification for this subject.  Should EPA decide to issue
 a Clarification for your specific request, please be assured
 that we will indicate how we intend to answer your request.

      If I can be of further assistance, please let ne know.

                         Sincerely yours,
                         Fiicnena Chau
                         Environmental Protection ^
                         Office of Solid Waste  (V/H-562

  WH-562:F.Chau:cb:11/12/80

-------
                                                                     7
                              1 8 1980
Michael r-.  F.abren
Technical Director
U.S. Cylinders
1C-:) Industrial  :-'arl:
;^ar "r.  -.a brer. :

     This  2.3 to  r^s-.cr.- to ycur letter of October  3",  lO'.'O,  to
::a. Filer, on a Chau  asking for clarification of our  hazardous  v.-a
-larngsr.'.er.t rsaulations  as they arnly to ycur ccnranv' s  waste.
     Vcu indicate*  that  ycur wast a is CaC, SiOn and  asbestos  ?.r. '
risk if it. is a hazardous  waste.   we listed asbestos  as  a  h.azar-lcus
vaste in S261.33(f)  of  our regulation, cut this  only arnli^s to
technical grade  asbestos  if,  for acne reason, it  is  discarded  or
intisndrvi to be discarded.   Tliis  listir.q does not  causo  a  -.arvjf actur ir.r
rrccess wante containing  asbestos as a ncmal wasta  constituent  tT ce
a hazardous waste.   ?ron  r?.y understanding of ycur letter,  your wast.,;
is such, a nanuf acturinq prccess  waste.  If this  is  correct,  it is r.or.
a ^.azariious waato  because of its content of aacestos.

     Your waste  nav  bo  a  hazardous waste because  it  exhibits .iny of
th-a characteristics  of  hazardous was to identified in fiub-art .: c."
??.rt 2GI.  Frcn  the  infomaticn  provided in your  letter,  I car.r.ct
; '.aV.e ^ judc-?:nent on  t'.iis  point.   You nay want to  checV  en this.   I."
you need further --guidance,  I reccnnend that you  contact :

             -Tanea r.carbrou-h
             Chis:;,  Residuals 'ianace^.ent Branch
             345 Ccurtland Street. M.~.
             Atlanta, Oeor^iA  30365
             (404)  ?.P.1-3016

     If you  should find that your waste is a hazardous  waste and you
are a sr?.all quantity generator,  you are allowed  to  dispose of  ycur
waste in a facility  that  is approved by the State for disposal cf
municipal or industrial waste (not a necessarily  hazardous wa«te
facility).   A snail  quantity generator is one who generates less than
1000 kilograms of  hazardous waste in a calendar  nonth.  Your litter

-------
states that you dispose of 500 kilograms per month  of asbestos.  Our
regulation is based on the quantity of the total waste, not  just the
quantity of the asbestos or any other constituent in the waste.
Therefore, I cannot naXe a judgement on whether you are a snail quantity
generator.  You may wish to discuss this with Mr. Scarbrough.

     I hope I have been helpful.  I apologize for the tardiness of this
response hut we have boen overwhelmed with requests for clarification
of cur regulations.

                                        Sincerely yours,


                                        Gary v". Dietrich
                            Associate Deputy Assistant rvd.-inistrator
                                           for Solid Waste
bcc:  Filcnena Chau w/incoming

-------