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. ------- |