&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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