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
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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).
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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
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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
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