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
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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.
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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
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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
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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
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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
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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
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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
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