oEPA UniMdSt Environmental Protection Agency Oflice of Solid Waste and Emergency Response DIRECTIVE NUMBER: 9444.05(81) TITLE: Pesticides Containing a §261.33(e) Compound APPROVAL DATE: 9-16-si EFFECTIVE DATE: 9-ie-ai ORIGINATING OFFICE: office of Solid Waste 09 FINAL D DRAFT LEVEL OF DRAFT DA — Signed by AA or OAA D B — Signed by Office Director D C — Review & Comment REFERENCE (other documents): OSWER OSWER OSWER VE DIRECTIVE DIRECTIVE Dl ------- PART 261 SUBPART D - LISTS DOC: 9444.05(81) Key Words: Pesticides, Dilution Regulations: 40 CFR 26i.33(e), 262.51- Subject: Addressee: Originator: Source Doc: Date: Summary: Pesticides Containing a §261.33(e) Compound Reed Sato, Enforcement Division, Region IX David Friedman, Manager, Waste Analysis Program, Hazardous Industrial Waste Division #9444.05(81) 9-16-81 A material containing a §261.33(e) compound as its sole ingredient is a hazardous waste when discarded even though the original product has been diluted by the user. Disposal of a diluted solution of a pesticide (P070) is considered to be disposal of the product itself. (It is important to note the "former exemption" in §262.51). ------- 9444.05 (81) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OFFICE OF SOLID WASTE >cP ! 6 OFFICE OF u_ o ~J e j_ SOUIO WASTE AND EMERGENCY RESPONSE Mr. Reed sato Enforcement Division, Region DC U.S. Environmental Protection Agency 215 Franont Street San Francisco, California 94105 Dear Mr. Sato: I am writing in response to vour letter of Julv 23, 1981 (S-5-3; K81-RCSAH379) requesting clarification of 40 CFR 261.33(e).. You are correct in your interpretation that a material containing a compound listed in §261.33(e) as its sole active ingredient is a hazardous waste when discarded even though the original product has been diluted by.,the user. Thus if a person purchases a concentrated solution of the pesticide Aldicarb (P070) and then dilutes .it to an application strength solution; disposal of the application strength solution is considered to be disposal of the product itself. A literal reading of the regulations would mean that even if the amount of chemical product prior to dilution was less than 1 kilogram, disposal of more than 1 kilogram/month of the application strength solution would require management as a hazardous waste. It is important to keep in mind, however, the applicability of the "farmer exemption" discussed in §262.51. A commercial applicator working for a fanner may mix, apply, rinse and dispose of pesticide rinsate or unused pesticide solution.on the farmers property if done so in accordance with the instructions on the pesticide label. This exemption would not apply if the pesticide were being applied to more than one farmer's property and disposal only, occurred at one farm, or if the waste was shipped off the farmers's property for disposal. I trust that this explanation clarifies the issue for you. any further questions, please feel free to give us a call. Sincerely yours, If you have David Friedman Manager Waste Analysis Program Hazardous & Industrial Waste Division (WH-565) cc: Fred Lindsey (WH-565) A. Corson (WH-565) D. Friedman (W3-565) M. Straus (WH-565) Amy Schaffer, Enforcement (WH-562-M) Susan Brcmm (WH-564) Filomena Chau (W3-562) .RCRA Hotline ------- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY R£G»ON IX 215 Fremont Street San Francisco. Ca. 94105 jyj_ £3 |gg« In Reply: E-5-3 Refer To: IX.-81-RCRA-079 Mr. David Friedman, (WH-565) Manager of Waste Analysis Waste Characterization Branch Environmental Protection Agency 401 M Street, SW Washington, D.C. 20460 Re: Request for Policy Statement regarding §261.33(e) of Title 40 of the Code of Federal Regulations h Dear Mr. Friedman: EPA Region 9 is currently engaged in an enforcement action which involves an interpretation of §261.33(e) of Title 40, Code of Federal Regulations. It is our contention that a pesticide containing a listed §261.33(e) chemical product as its sole active ingredient which is diluted to application strength is a- hazardous waste if discarded. We contend that such applications-strength pesticide is a hazardous waste even where the chemical product prior to dilution is less than 1 kilogram. Therefore, so long as an applicator generates 1 kilogram of waste pesticide residues per month he is required to notify as a generator pursuant to section 3010 of RCRA. Within our own technical section there has been some dispute_as to whether the preceding analysis is correct. In order co obtain guidance on this matter I contacted your office on July 20, 'and explained our position to'Mr. Matthew Straus. Mr. Straus stated that Region 9's interpretation of §261.33(e) is correct. Furthermore, Mr. Straus indicated that if the applicator tanks were rinsed, that rinsate could be considered hazardous waste as well.' I am writing to obtain, a written statement from your office which confirms Mr. Straus1 conclusions. Such a statement will greatly assist us in the successful conclusion of our enforcement action. If you have any questions regarding this request please call me at FTS 556-8000. Thank you for your assistance. Sincerely yours, Reed Sato Attorney-Advisor Enforcement Division ------- |