oEPA United SIMM Environmental Protection Agency Office of Solid Waste and Emergency Response DIRECTIVE NUMBER: 9444.07(85) TITLE: Exclusion from Fluids 5-17- APPROVAL DATE EFFECTIVE DATE: 5- ORIGINATING OFFICE U FINAL O DRAFT STATUS: 7-85 Office of Solid Waste I I I I A- Pending OMB approval B- Pending AA-OSWER approval C- For review &/or comment D- In development or circulating REFERENCE (other documents): headquarters [ 1 OSWER OSWER OSWER VE DIRECTIVE DIRECTIVE Dl ------- 16-1 * SUBPART D - LISTS DOC: 9444.07(85) Key Words: Formaldehyde Regulations: 40 CFR 261.33 Subject: Exclusion from RCRA Requirements of Used Embalming Fluids Addressee: Paul Baltay, Director, State Program Division, Office of Drinking Water Originator: Eileen B. Clausse^n, Director, Characterization and Assessment Division, Office o^ Solid Waste Source Doc: Date: Summary: #9444.07(85) 5-17-85 Used embalming fluid, even though it contains formaldehyde, does not qualify as a listed hazardous waste. Section 261.33 lists commercial chemical products which are hazardous when discarded or intended to be discarded. It does not apply to wastes that result from the intended use of the product. ------- N 9444.07 (85) 17 RCRA Input to Region IV Inquiry: UIC Well Inventory Update Eileen B. Claussen, Director Characterization and Assessment Division Office of Solid Waste (WH-562) Paul Baltay, Director State Programs Division Office of Drinking Water (WH-550) Per your request the following paragraph is the RCRA response to the embalming fluid question in the subject inquiry. The RCRA hazardous waste identification regulations contain two mechanisms for identifying a waste as a hazardous waste, lists and characteristics. A waste is a hazardous waste if it either is listed (40 CFR 261.31, 32, or 33) or it exhibits one or more of the defined characteristics (§261.21, 22, 23, or 24). While used embalming flui'ds do not qualify as hazardous under any of these criteria, many people mistakenly believe thay they do because formaldehyde, the key ingredient in such products, is listed under §261.33. Section 261.33 lists commercial chemical products which are hazardous wastes when discarded or intended to be discarded. It does not include wastes which result from the intended use of the product. Thv^s, embalming fluid, since it consists of formaldehyde plus some inert ingredients (e.g., colorants and perfumes), would be a hazardous waste if discarded unused and the septic tank/tile field could classify as a Class 4 well. However, if the generator is disposing of embalming fluid which has been used, for example, to flush body fluids out of the cadaver, then disposal of the fluid does not constitute disposal of a hazardous waste and the tank/field is not a Class 4 well. WH-562B/DFRIEDMAN/ACORSON/margaret/rm S248"/382-4770/5-17-85 DFA Diskette ------- |