PA United States Environmental Protection Agency OH.ce of Solid Waste ana Emergency Response DIRECTIVE NUMBER: 9441.10(85) TITLE: Perchloroethylene Residue as a Hazardous Waste APPROVAL DATE: 4-10-85 EFFECTIVE DATE: 4-10-85 ORIGINATING OFFICE: office of solid waste ® FINAL D DRAFT LEVEL OF DRAFT DA — Signed by AA or DAA D B — Signed by Office Director D C — Review & Comment REFERENCE (other documents): OSWER OSWER OSWER VE DIRECTIVE DIRECTIVE Dl ------- 261 SUBPART A - GENERAL DOC: 9441.10(85) Key Words: Perchloroethylene, Recycling, Commercial Chemical Products Regulations: 40 CFR 261.33 Subject: Perchloroethylene Residue as a Hazardous Waste Addressee: Lloyd R. Cress, Greenebaum, Doll and McDonald, 1400 Vine Center Tower, P.O. Box 1808, Lexington, Kentucky 40593 Originator: John H. Skinner, Director, Office of solid Waste Source Doc: #9441.10(85) Date: Summary: 4-10-85 The letter states that residue from the recovery of perchloroethylene inadvertently contaminated with surfactant is a hazardous waste because the contaminated mixture was at no time considered to be a commercial chemical product mixture. ------- 9441.10 (85) APR 1 Lloyd R. Cress Greenebaum, Doll and McDonald 1400 Vine Center Tower P.O. Box 1808 Lexington, Kentucky 40593 Dear Mr. Cress: In your recent letter of March 19, 1985, you requested confirmation of an earlier opinion that a distillation residue containing perchloroethylene and surfactant is not a hazardous waste under the Resource Conservation and Recovery Act (RCRA) when discarded. You stated that the unused per- chloroethylene and surfactant were inadvertently mixed. Subsequent to that, the material was sent off-site for recovery, The waste in question is the unreclaimed portion of the perchloroethylene-surfactant mixture. In considering your request, we have concluded that the residue from the recovery of the contaminated perchloroethylene is a hazardous waste. Your argument that the perchloroethylene detergent mixture is not covered under the requirements for commercial chemical products listed in 40 CFR 261.33 because it contains several active ingredients is not applicable to this waste. (Those "mixtures" not covered under §261.33 are commercial chemical product mixtures where the listed chemical is not the sole active ingredient.) In your case, the listed commercial chemical product is perchloroethylene which became contaminated with surfactant. At no time was the perchloro- ethylene-detergent mixture considered a commercial chemical product mixture. Therefore, the adulterated perchloroethylene is considered a listed hazardous waste when discarded. You were correct, however, in stating that the perchloroethylene was not a hazardous waste when shipped off-site for recovery. Chemicals listed under 40 CFR 261.33 are not considered hazardous waste until they are intended to be discarded. ------- n * o x I hope this letter adequately addresses the regulatory •» J, status of waste perch loroethylene froai your facility. Should n <* you have questions, please oall Jacqueline sales, of my staff, £» at (202) 382-4770. z^ o CQ Sinoerely^ * £> o e co n Joho H» Skinner Director Office of Solid Waste U» 00 w • D I at ------- |