oEPA
Unite* SIMM
Environment*! Protection
Agency
Off ice of
Solid Wast* and
Emergency Response
DIRECTIVE NUMBER: 9441.05(83)
TITLE: Exemptions from Presumption of Hazardousness
•
APPROVAL DATE: 7-12-83
EFFECTIVE DATE: 7-12-83
ORIGINATING OFFICE: osw
B 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
-------
PART 261 SUBPART A - GENERAL
DOC: 9441.05(83)
Key Words: Exclusions, Mixture Rule
Regulations: 40 CFR 260.20, 260.22 and 261,3(9)(2)(iii)
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Exemptions from Presumption of Hazardousness
J.E. Seavy, Plant Manager, Hercules Incorporated, P.O. Box 249,
Nock Road, Burlington, N.J. 08016
Eileen B. Claussen, Acting Director, Characterization and
Assessment Division
#9441.05(83)
7-12-83
RCRA has exempted certain categories of mixtures of solid wastes and
hazardous wastes from the presumption of hazardousness. Where solid waste is
listed solely for exhibiting a characteristic of hazardousness and this waste
is then mixed with nonhazardous wastes, a new test should be performed to
determine if the mixture still exhibits hazardous waste characteristics.
As a result, it is no longer necessary to petition the Agency for exclusion
of such wastes. Each generator is ultimately responsible for determining'
whether his/her waste exhibits any of the characteristics of a hazardous waste,
If so, the waste must be managed in a manner consistent with the hazardous
waste management regulations. The Agency will soon propose to revoke' this
provision and require all generators of listed hazardous waste to petition the
Agency.
-------
PART 261 SUBPART A - GENERAL
DOC: 9441.05(83)
Key Words: Exclusions, Mixture Rule
Regulations: 40 CFR 260.20, 260.22 and 261.3(9)(2)(iii)
Subject:
Addressee:
Originator:
Source Docf
Date:
Summary:
Exemptions from Presumption of Hazardousness
J.E. Seavy, Plant Manager, Hercules Incorporated, P.O. Box 249,
Nock Road, Burlington, N.J. 08016
Eileen B. Claussen, Acting Director, Characterization and
Assessment Division
#9441.05(83)
7-12-83
RCRA has exempted certain categories of mixtures of solid wastes and
hazardous wastes from the presumption of hazardousness. Where solid waste is
listed solely for exhibiting a characteristic of hazardousness and this waste
is then mixed with nonhazardous wastes, a new test should be performed to
determine if the mixture still exhibits hazardous waste characteristics.
As a result, it is no longer necessary to petition the Agency for exclusion
of such wastes. Each generator is ultimately responsible for determining'
whether his/her waste exhibits any of the characteristics of a hazardous waste,
If so, the waste must be managed in a manner consistent with the hazardous
waste management regulations. The Agency will soon propose to revoke' this
provision and require all generators of listed hazardous waste to petition the
Agency.
-------
JUL 1 2 1983
Mr. J.C. Seavy, Plant Manager RBt WCBLG0344
•ercules, Incorporated
P.O. Box 249
Hock Road
Burlington, ti.J. 08016
Dear Hr. Seavyt
This letter is written in reference to the exclusion
petition submitted by Hercules, Incorporated of Burlington,
New Jersey. Hercules requested an exclusion for the wastewater
strewn generated at its Burlington facility, presently listed" t
fd"r~~containing methanol, a spent solvent* This waste is produced
when the solvent (EPA Hazardous Waste No. FOOD, which is used
in the wanufactoring operation, is discharged to the plant's
wastewater treatment systesi for treatment.
On November 17, 1981, EPA amended the hazardous waste
regulations under the Resource Conservation and Recovery Act to
exempt certain categories of mixtures of solid wastes and
hazardous wastes from the presumption of hazardousness (see
46 PR 56582). In one case/certain wastes are listed in Subpart
D solely because they exhibit one or more of the characteristics
of hazardous waste identified in Subpart C of the regulations.
Mixtures of any of these wastes and other solid waste.s, prior
to the amendment, were presumptively hazardous by application
of the mixture rules and remained hazardous unless the waste
mixtures were excluded pursuant to 40 CPR 260.20 and 260.22.
The Agency has, however, exempted mixtures of solid (non-
hazardous) wastes and listed (hazardous) wastes that are listed
solely for exhibiting^ characteristic from the preemption of
hazardousnec* since these waste Mixtures can be tested to
determine vhether they still exhibit the hazardous waste
characteristics. Therefore, Mixtures of these wastes listed
solely for exhibiting a characteristic and other solid wastes
are no longer considered to be presumptively hazardous.
Hercules has stated that they have reviewed the treated waste
stream generated a their facility in light of the November 17,
1981, amendment to the mixture rule and have concluded that this
waste would no longer be considered hazardous. The Agency has
not made an independent evaluation of your situation but, rather
is accepting your statement as fact.
-------
-2-
As a result, it is no longer necessary for you to petition
the Agency for exclusion of your wastes. Therefore, this letter
is to indicate to you that, based on your Interpretation, we are
closing your file.
However, if the manufacturing or wastewater treatment
system at .yo«r facility undergoes any process changes, this
waste oould pace again be considered a, hasardoua waste. Bach
generator ia-jultimatsly responsible for determining whether his
waste exhibits any of the characteristics of a hasardous waste
Li.e., Ignitability, corrosivity, reactivity, and KP toxlcity)
.as described in 40 CFR 261, Subpart C. If the waste must be
managed in accordance with the hazardous waste management
regulations. • .
If I can be of any further assistant to you in this matter,
please do not hesitate to contact Mr. Matthew Straus or
Mr. William Sproat of my staff at (202) 382-4770.
Sincerely yours,
Eileen B. Claussen
Director
Office of Management, Information,
and Analysis
cct Ms. Sonya Shashoua
N.J. Department of Environmental Protection
Division of Environmental Quality
Solid Waste Administration
32 E Hanover Street
Trenton, N.J. 08623
WHr565B/B3PROAT:NA..S248:X24770:7/6/83«DISI:LG0344
Correctedtpes:7/8/83
------- |