&EPA
UniMdStMM
Environment*! Protection
Agency
Off ic« of
Solid Wast* and
Emergency Response
DIRECTIVE NUMBER: 9444.01(81)
TITLE: Manufacturing Wastes Containing 261.33 Compounds
APPROVAL DATE: 3-12-81
EFFECTIVE DATE: 3-12-8!
ORIGINATING OFFICE: Office of Solid Waste
D FINAL
:D DRAFT
LEVEL OF DRAFT
DA Signed by AA or OAA
OB Signed by Office Director
DC Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Di
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PAIiT 261 SUBPART D - LISTS
DOC: 9444.01(81)
Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Listed Wastes
40 CFR 261.33, 261.32, 261.31
Manufacturing Wastes Containing 261.33 Compounds
John D'Aloia, Jr., Devel and Associates, Inc., 7300 Jefferson
Street, S.E., Albuqerque, NM 87109
David Friedman, Manager, Waste Analysis Program
#9444.01(81)
3-12-81
EPA does not automatically identify as a hazardous waste any manufacturing
waste that contains any of the compounds listed in §261.33. This is because
although §261.33 cdmmercial chemical products generally contain high concentra-
tions of toxic chemicals or toxic activity and are therefore likely to meet the
criteria for listing as hazardous waste, manufacturing process wastes generally
contain only low levels of these chemical materials. Thus, expanding the
hazardous waste identification regulations to encompass all manufacturing wastes
containing the §261.33 compounds is likely to result in many false positives
unless, and until, minimum concentration thresholds can be established for each
compound. Wastes deemed to be hazardous because they contain low levels of
these compounds will be listed in §§261.31 and 261.32.
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9444.01 (81)
^\
£-' SL^ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
12MARREC'D
SOLID WASTE AND EMERGENCY RESPONSE
RE: WCBDF830108
Mr. John D'Aloia, Jr.
Deuel and Associates/ Inc.
7300 Jefferson St, N.E.
Albuqerque, NM 87109
Dear Mr. D'Aloia:
I am responding to your letter of March 2~, 1983 to Alan
Corson requesting a clarification of why the Agency does not
identify as a hazardous waste any manufacturing waste that
contains any of the compounds listed in 40 CFR 261.33.
The.commercial chemical products regulated under §261.33
are generally products containing high concentrations of toxic
chemicals or, in the case of pesticides, products of high
toxic activity. Thus, there is no. question that such materials
are likely to meet the criteria for listing, as hazardous wastes.
Manufacturing process wastes, on the other hand, generally
contain only low levels of these materials. Thus, expanding
the hazardous waste identification regulations to encompass
all manufacturing wastes containing the §261.33 compounds is
likely to result in many false positives (i.e., wastes identified
as hazardous which do not actually contain hazardous.levels
of the toxicants of concern) unless, and until, minimum
concentration theresholds can be established for each compound.
At this time, due to the lack of data, the Agency.is unable
to set" thresholds for all the compounds. As the comment to
§261.33 explains5*, where the Agency deems a manufacturing
process waste to be ^ hazardous waste because it contains
low levels of these compounds, such a waste will be listed
in §§261.31 and 261.32.
In summary, §261.33 was not broadened to include all
process wastes due to the problem outlined above and the
technical difficulties in establishing de minimis concentration
thresholds for all the compounds.
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-2-
I hope that I have answered your question. If you need
additional background information on these regulations, I
suggest that reviewing the §261.33 Background Document may be
useful.
Sincerely yours,
David Friedman
Manager
Waste Analysis Program
cc: Hotline
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