3EPA
United State*
Environmental Protection
Agency
Off ice of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9441.03(84)
TITLE: Residue from a Reclamation Operation
•
APPROVAL DATE: 2-16-84
EFFECTIVE DATE: 2-16-84
ORIGINATING OFFICE: osw
Q FINAL
D DRAFT
LEVEL OF DRAFT
O A — Signed by AA or OAA
D B — Signed by Office Director
DC — Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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PART 261 SUBPART A - GENERAL
DOC: 9441.03(84)
Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Treatment, Recycling
40 CFR 261.3(c)(2)
Residue from a Reclamation Operation
Walter F. Biggins, Technical Director, Hazen Paper Company
Holzoke, Massachusetts 01041
Matthew A. Straus, Chief, Waste Identification Branch
#9441.03(84)
2-16-84
According to Section 261.3(c)(2), any solid waste generated from the
treatment, storage, or disposal of a hazardous waste, including any sludge,
spill, residue, ash, emission control dust, or leachate (but not including
precipitation run-off) is a hazardous waste. Therefore, residues derived from
a reclamation process which completely removes all spent solvent from the
residue may still be considered hazardous because it was derived from the
treatment of a listed hazardous waste. More specifically, wastes derived from
the treatment of a listed hazardous waste remain hazardous unless and until it
is excluded under the delisting procedures of §260.20 and §260.22. Wastes
derived from a non-listed hazardous waste remains hazardous unless it no longer
exhibits any of the characteristics of hazardous waste.
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9441.03 (84)
FE3 i 6 1984 I
Ul
WIBHS840105 H
5
Walter P. Biggins «=
Technical Director
Hazen Paper Company "§
Holyoke, ftA 01041 »
u>
Hoar ?ir. Bijgins: jjj
«
This letter is in response to your letter, dated -j
November 23, 1933, to Mr. Alan Corson who has referred it £
to no for response. In your letter, you indicate that the ^
.dirty wash-up solvent (i.e. , spent solvent) which you x.
generate is placed in an apparatus which completely removes £
all solvent froa» the residue (i.e. , the resulting residue \
is in a dry state which contains Doth pigment and various *•
resin binders). The residue, you claim, exnibits none of
the hazardous waste characteristics (i.e., ignitability, £
corrosivity, reactivity, or extraction oroduce (EP) toxicity); en
therefore, you believe your waste is non-hazardous. Hisses *"
Suskind and Gayle'of the RCRA Hotline, you indicate, share *
your opinion and believe the residue is non-hazardous. c
o
However, based on ray reading of the regulations, your *•"
waste (that is, tho residue from the reclamation operation)
is considered hazardous since this waste is derived from
the treatment of a hazardous waste. In particular,
S261.3(c)(2) indicates that any solid waste generated from
the treatment, storage, or disposal of a hazardous waste,
including any sludge, npill residue, ash, emission control
dust, or leachate (but not including precipitation run-off)
is a hazardous waste. In audition, tnose wastes remain
hazardous unless and until: ('!) in the case of any (non-
listed) solid waste, it does not exhibit any of the
characteristics ot hazardous waste (i.e., ijnitability,
corrosivity, reactivity, and extraction procedure (£P)
toxicity), or (2) in the case of a listed waste, or waste
derived fron a listed waste, it has been excluded fron
regulation undor §§260.20 and 260.22 (so-called delisting
procedures). Since tho residue is derived froa a listed
hazardous waste—namely, K003, F004, and FOO'5—the residue
remains hazardous until your waste is specifically excluded.
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If you wish to handle this residue as a non-hazardous
waste, you should petition the Agency to exclude this waste
from the list of hazardous wastes. Procedures to follow ":
are outlined in 40 CFR 260.20 and 260.22. ; further detail'
is provided, in the enclosed information requirement 'sheet.
In addition', the Agency is'considering modifying the .'r.^j ,
•ie listing procedures (see enclosed Federal Register got ice).'
Should you have any further'questions regarding this '/
determination, please feel free to give me a calif my
telephone number is (202) 382-476t; -^ .-"^y
v -.-. •••"•'•• :•'•*>•.
Sincerely,
Matthew 'A/-Straus
„_. x-J--%:>.r.chiefv-;-^:-^
'.Waste "ident i f icat ion 'Branch
Enclosure.
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