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DIRECTIVE NUMBER: 9444.07(84)
TITLE:
APPROVAL DATE: 5-30-84
EFFECTIVE DATE: 5-30-84
ORIGINATING OFFICE: office of solid waste
E3 FINAL
O DRAFT
STATUS: r i
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VE DIRECTIVE DIRECTIVE Dl
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PARii 261 SUBPART D - LISTS
DOC: 9444.07(84)
Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Formaldehyde, Ballast Fluid
40 CFR 261.33(d)(e)(f)
Ballast Fluid Classification
"W.H. Yancey, NL Baroid, P.O. Box 1675, Houston, TX 77001
Irene Horner, Studies and Methods Branch
#9444.07(84)
5-30-84
When formaldehyde and sodium pentachlorophenate are used to keep down
growth in ship ballast fluid, the fluid is not considered to be the commercial
chemical product formaldehyde; therefore, it is not subject to regulation under
§261.33(f). Ship ballast fluid would need to be specifically listed as a
hazardous waste stream or be hazardous on the basis of the Subpart C charac-
teristics, according to the definition of commercial chemical products that
follows §261.33(d).
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9444.07 (84)
May 30, 1984
w. H. Yancey
NL Bar-old
P.O. Box 1675
Houston, TX 77001
Dear Mr. Yanceyt
This is to confirm our May 29, 1984 telephone conversation
regarding your letter to Alan Corson dated May 17, 1984, regarding
ballast fluid classification. I hope this discussion clarifies
your question on the formaldehyde.
Formaldehyde is listed (as U122) in 40 CFR 261.33(f). This
listing refers only to discarded commercial chemical products,
off-specification species, container residues, and spill residues
having the generic name * formaldehyde.' The comment in Section
261.33(d) explains that the term "commercial chemical product"
refers to a substance manufactured for commercial use which is
commercially pure or a technical grade and formulations in which
the chemical is the sole active ingredient. It does not refer
to a material, such as a process waste, that contains any of the
substances listed in 261.33(e) or 261.33(f). To be considered
a hazardous waste, such process wastes will be listed in either
Sections 261.31 or 261.32 or be identified as a hazardous waste
by characteristics as set forth in the regulations.
In other words, formaldehyde (and sodium pentachlorophenate)
is being used to keep down growth in the ballast fluid. The fluid
is not considered to be the commercial chemical product formaldehyde.
Ship ballast fluid would have to be specifically listed as a hazardous
waste stream or be hazardous on the basis of the characteristics
(ignitability, corrosivity, reactivity, or EP toxicity), as explained
above•
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If you have any further questions, feel free to call me at (202)
382-4804. You should also be able to contact the RCRA/Superfund
Hotline tollfree at (800) 424-9346 for assistance with any aspect
of the RCRA regulations.
Sincerely yours/
Irene Horner
Studies and Methods Branch (WH-562B)
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