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
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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.
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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.
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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^
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Sinoerely^ * £>
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Joho H» Skinner
Director
Office of Solid Waste
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