SEPA
UniMdStMM
Envtromnemcl Protection
Agency
Off ic« of
Soltd Wast* and
Em*rg*ncy R*spon»*
DIRECTIVE NUMBER: 9443.09(84)
TITLE: Hazardous Waste Identifications Three Questions
APPROVAL DATE: 11-29-84
EFFECTIVE DATE: u-29-84
ORIGINATING OFFICE: office of solid waste
D FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or DAA
D B — Signed by Office Director
DC — Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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PART 261 SUBPART C - CHARACTERISTICS
DOC: 9443.09(84)
Key Words:
Regulations
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Corrosive Wastes, Commercial Chemical Products, Reactive Wastes
40 CFR 261.22(a), 261.33(d)(e)(f), 261.31, 261.32, 261.23(a)(5),
261.20, 261.24
Hazardous Waste Identification: Three Questions
W.H. Yancy, NL Baroid, NL Industries, Inc., P.O. Box 1675,
Houston, Texas 77251
Irene S. Homer, Studies and Methods Branch
#9443.09(84)
11-29-84
Physically solid forms of sodium hydroxide and potassium hydroxide (granular
or pellets) are not currently regulated as corrosive hazardous waste. Title
40 CFR §261.22(a) defines corrosivity for aqueous solutions within given pH
ranges and for liquids that corrode steel faster than a quarter of an inch per
year under specified test conditions. In 1980, EPA had not seen a demonstrated
need to address corrosive solids in its regulations, the Agency currently
developing a test to evaluate the leachahility of solid-phase corrosives.
. A product treated with a preservative listed in §261.33(e) or (f) is not
subject to RCRA regulation as a commercial chemical product when discarded.
The comment after 40 CFR §261.33(d) explains that commercial chemical products
are manufactured for commercial use and are commercially pure or technical
grades or formulations in which the chemical is the sole active ingredient.
The comment also says that a waste that contains a chemical listed in §261.33(e)
or (f) is only a RCRA waste if the waste is listed in §261.31 or 261.32 or if
the waste is hazardous by characteristics identified in §261.20 to §261.24.
For example, potato starch treated with formaldehyde would not be a hazardous
waste under the mixture rule because it does not contain a listed commercial
chemical product as defined, since the formaldehyde has been used as a preser-
vative. The potato starch would be hazardous if it met any of the §261 Sub-
part C criteria.
40 CFR §261 .23(a)(5) does not presently specify the amount of cyanides or
sulfides that would identify a waste as reactive. The Agency's regulatory
interpretive letter, RIL #2, suggests that below 10 ppm the waste will not be
considered reactive, and above 200 ppm it will be considered reactive unless the
generator can show why it is not. Between 10 and 200 ppm, the decision will be
based on the potential releasibility of ^S or HCN on a case-by-case basis.
Authorized States and territories operate hazardous waste programs in lieu
RCRA, but any State or territory may have additional regulatory standards.
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29/C84
9443.09 (84)
NL Baroid
ML Industries, Inc.
Mr. W. u. Yancey
P.O. Mox 1675
Houston, TX 77251
D«ar Mr. Yancey:
I an glad to clarify the issues of hazardous waste
identification you raised in your letter dated November 15, 1934.
First, you Basked if physically solid forms of sodium hydroxide
and potassium hydroxide (granular or pellets) are currently
regulated as RCRA corrosive hazardous waste. The answer is no.
Title 40 CFR S261.22(a) defines corrosivity for aqueous solutions
within given pH ranges and for liquids that corrode steel faster
than a quarter of an inch per year under specified test conditions.
The May 19, 1980, preamble, 45 FR 33109 states:
r
"...there is no demonstrated need to address corrosive
solids at this tine. EPA will, however, continue to
seek information on the dangers presented by these wastes
and will consider specific regulatory measures if the .
need for more control becomes apparent."
At this time, the Agency is developing a test protocol to
evaluate the leachability of solid-phase corrosives. Further-
more, the new RCRA amendments direct EPA to minimize -effects
of hazardous waste on human health and the environment. So
you can see that the status of corrosive solids may be subject
to change in the future.
Second, you wondered if products that contain preservatives
any* listed in 40 CFR S261.33(f) are subject to regulation as
RCRA hazardous waste. In particular, you asked
_
that has been treated with_ frtrnial'jqny'l0. _Tha connent
after 40 CFR S261.J33(d) explainsthat commercial chemical products
are manufactured for commercial use and are commercially pure or
technical grades or formulations in' which the chemical is the
sole active ingredient. The comment also says that a waste that
contains a chemical listed in $*>261 .33(e) or (f) is only a RCRA
waste if the waste is listed in $5261.31 or 261.32 or if the
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waste is_ha.2?rdciJ9 by characteristics 1 rioni-i.fi P^ jjnqofii ,30 to
-2^1.24 .J The comment is in brackets and thus is no~t~~p-ar t-of-'EKo"' •
regulations, but it conveys the intended meaning of the definition
of comnercia,! chemical products. Thus, the potato starch, when
a waste whether it is used or not, does not contain- a commercial
chenical product, since the formaldehyde has already been used
in the mixture as a preservative. Furthermore, there are no
listed potato starch waste streams. You should determine whether
xor not the potato starch meets the criteria for ignitability,
corrosivity, reactivity, or E? toxicity. In any case, the starch
is not a hazardous waste by the mixture rule. .. "
Third, as you know, 40 CFR 5261.23(a)(5) does not specify
the amount of cyanides or sulfldes that would identify a waste
as reactive. Presently, EPA is in the process of developing
test protocols to quantify the reactive characteristic for
cyanides and sulfi'des. In the meantime, the enclosed regulatory
interpretive letter, RIL £2, outlines the Agency's suggested ; '-.
guidelines. Selow 10 ppnt, the waste will not be considered
reactive, and above 200 ppn, it will be considered reactive
unless the generator can show why it is not. Between 10 and 200
ppm, the decision will be based on the potential releasibility '•
of H2S or HCN on a case-by-case basis. / \ • "' •. "
'•-*,'*.- ^
All but about seven states and three territories have programs.
that operate in lieu of the Federal RCRA program, and eight of
these programs have received full"authorization. When a State
has been granted authority to operate-,the SCRA program, you are
subject to the State regulations which nay be slightly different.
The RCRA/Superfund Hotline at' (800)424-9346 can send you a'copy
of the State hazardous waste agency^ addresses and phone numbers \.
if you need it.
If you wish to discuss these questions further, please do
hot hesitate to call me at (202)332-4804. '
. '*
Sincerely yours,
Irene S. Horner
Studies and Methods Branch
Attachment
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