&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 ------- 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. ------- 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. ------- -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 ------- |