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 ------- |