United State*
Environmental Protection
Agency
Off ice of
Solid Waste and
Emergency Response
3EPA
DIRECTIVE NUMBER: 9441.04(80)
TITLE: Railroad Ties as Hazardous Wastes Under The
Mixture Rule
APPROVAL DATE: 11-17-80
EFFECTIVE DATE: 11-17-80
ORIGINATING OFFICE: osw
O FINAL
D DRAFT
LEVEL OF DRAFT
D A Signed by AA or DAA
D B Signed by Office Director
DC Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
-------
9441.04 (80)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
NOV 1 7 1980
Mr. William S. Stove
Boston Edison Company
800 Boyleston Street
Boston/ Massachusetts 02199
Dear Mr. Stowe: .... .
This is in response to your letter of Septeaber 5, 1980, requesting
the issuance of regulation.interpretation sensoranda (RIMs) on three
questions you have about, our RCPA hazardous waste management regulations.
Although we may consider issuing RIMs or amendments to our regulations
of these issues at sone point in the future, I do not wish to further
delay cur response to yoUt Therefore, I an providing answers to your
questions in this responses'. -
First, you raise the question about whether the mixture rule of
§261.3(a)(2)(ii) causes railroad ties to be hazardous wastes because
they contain creosote which is listed in §261.33(f) or causes insulating
materials to be hazardous wastes vhen and because they contain asbestos"
which also is listed in $261.33(f). The answer is no. The intent and
purpose of §261.33 is to list ccrnnercial chemical products and
manufacturing chemical intermediates as hazardous wastes when and only
when they are discarded or intended to be discarded. Thus, we are
interested in creosate and asbestos in their ccsnnon connercial fern as
hazardous wastes if discarded. If we should ever be interested in
listing railroad ties or insulation materials as hazardous wastes, when
discarded, because of their content of creosote, asbestos or ether
chenic-als, we will specifically list then in $261.33 or in a similar
section. Similarly, if we should ever "be interested in listing used
railroad ties or used insulation materials (insulation material rcnoved
fron buildings) as hazardous waetes because cf their content of
chemicals, we will list them in §261.31.
The mixture rule of (261.3(a)(2)(ii) does apply in a limited way
to §2G1.33 chemicals. If these listed chemicals are discarded by being
mixed into a solid waste, then the resulting solid waste mixture becomes
a hazardous waste. Examples are dumping excess acetone into a wastewater
sewer or dumping excess inventory or expired-datc inventory of pesticide
into a refuse bin.- In these cases, the commercial chenical beccnes a
hazardous waste instantly when the act of discarding takes place. As a
hazardous waste at that point, the mixture rule operates to cause the
mixture to become a hazardous waste. Incorporating creosate into
railroad ties or asbestos into insulation materials is not an act of
discarding these chemicals; thus, these chenicals do not, at that point.
"'»-»-
SYMBOL M
1** * t *
. ,-.,.....v! 1
** " 1*
4
' CONCURRENCES"
I****
*
j ...MM.I^*
* *
; I
-------
Ycur second question is whether the small quantity generator
special requirement of §261.5 apply to each facility? a facility being
Manufacturing plant or, possibly, several manufacturing or other
operations on the same or geographically contincuous site (see definition
of "on-site" in §260.10(a)). The term "person" was erroniously used
in §261.5. The Agency meant to use the term "generator" which by its
definition in §260.10(a) means "any person, by site, . . . ." We will
be correcting this error in a forthcoming amendment of §261.5. The
terns "person" as defined in §260.10(a) includes whole companies and
this causes §261.5 to be applicable only on a ccnpany-wide basis. Thus,
for example, a company that operates several plants, each of which
could qualify for the small quantity generator special requirements
because each generates slightly less than 1000 kilograms of hazardous
waste each month, could not qualify, under a literal reading of the
provision as now written, because the company's aggregate generated.
quantity of hazardous waste exceeds 1000 kilograms each month.
Finally, you ask whether the full regulati6ns apply to intermittent
or very small quantities of hazardous waste generated by a facility that
c«nno't qualify for the small generator special requirements because it
also generates one or more large quantities of hazardous waste. The full
regulations apply to these intermittent and very small quantities of
hazardous waste as they do to all other quantities of hazardous waste
generated by a "large quantity generator."
I hope I have clearly answered your questions and apologize for
the tardiness of this responsewe have sinply been overburdened with
questions, requests for RIMs and other demands.
.Sincerely yours,
Gary N. Dietrich
Associate Deputy Assistant Administrator
for Solid VJaste
bcc: Filomena w/incoming
Regional A&HM Division Directors w/incoming
Jack Lehman w/incoming
WH:GDietrich:bm:11/13/80:401 M
-------
PART 261 SUBPART A - GENERAL
DOC: 9441.04(80)
Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Creosote, Asbestos
40 CFR Part 261
Railroad Ties As Hazardous Wastes Under The Mixture Rule
Willian S. Stowe, Boston Edison Company 800 Boyleston Street,
Boston, MA. 02199
Gary N. Dietrich, Associate Deputy Administrator for Solid Waste
#9441.04(80)
11-17-80
Railroad ties are not considered hazardous wastes. The intent and purpose
of §261.33 is to list commercial chemical products and manufacturing chemical
Intermediates as hazardous wastes only when they are discarded or intended to
be discarded. EPA's interest lies in creosote and asbestos in their common
commercial form as hazardous wastes if discarded.
Section §261.3(a)(2)(ii) is limited to §261.33 chemicals. The mixing of
these chemicals into a solid waste as a means of discarding them results in the
entire mixture becoming a hazardous waste. The incorporation of creosote into
railroad ties or asbestos into insulation material does not amount to discarding
these chemicals and therefore, these chemicals do not at that point become
hazardous waste, nor does the resulting product.
------- |