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

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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.

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                                                                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

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