oEPA
UniMdSutM
Environmental Protection
Agency
OHice of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER:
TITLE: Clarification of RCRA
ification Regulation as
for Portable Toilets
APPROVAL DATE: 6-6-84
EFFECTIVE DATE: 6-6-84
ORIGINATING OFFICE: office of solid waste
D FINAL
D DRAFT
STATUS:
t 1
A- Pending OMB approval
[ ] B- Pending AA-OSWER approval
I ! C- For review &/or comment
f J D- In development or circulating
REFERENCE (other documents): headquarters
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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PART 2-81 SUBPART D - LISTS
DOC: 9444.08(84)
Key Words:
Regulations
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Formaldehyde, Chemical Deodorants
40 CFR 261.33(a)
Clarification of RCRA Hazardous Waste Identification Regulation
as They Apply to Deodorants for Portable Toilets
Kenneth H. Holyoak, American Chemical Company, 505 N. Lake Shore
Drive, Suite 6101, Chicago, IL 60611
John Skinner, Director, Office of Solid Waste
#9444.08(84)
6-6-84
The deodorant would be a hazardous waste if it exhibited any of the four
characteristics of hazardous waste—ignitability, corrosivity, reactivity, or
EP toxicity.
Chemical deodorants that contain formaldehyde are not hazardous waste on
the basis of the listing for the commercial chemical formaldehyde. The comment
following §261.33(d) explains that commercial chemical products are commercially
pure or technical grades and formulations in which the chemical is the sole
active ingredient. The deodorant meets none of these criteria, and therefore
is not a listed waste.
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9444.08 (84)
JUN e
JUN 6 !98d
Mr. Kenneth H. Holyoak
American Chemical Company
505 N. Lake Shore Drive
Suite 6101
Chicago, IL 60611
Dear Mr. Holyoaki
I am writing in response to your May 15, 1984, request
for clarification of the existing Resource Conservation and
Recovery Act (RCRA) hazardous waste identification regulations
as they apply to deodorants for portable toilets as well as
potential additional requirements due to pending legislation.
*
Chemical deodorants containing small amounts of formal-
dehyde are used to provide sanitary conditions in portable
toilet units. Let me explain how the current regulations
apply to formaldehyde. Formaldehyde is a hazardous waste
if it is a discarded commercial chemical product. The
comment in 40 CPR 261.33(d) explains that the term commercial
chemical product refers to substances manufactured for commer-
cial use which are commercially pure or a technical grade
and formulations in which the chemical is the sole' active
ingredient. It does not refer to all materials containing
any amount of formaldehyde.
In other words, the formaldehyde is not the sole active
ingredient of the deodorant and is therefore not a listed
hazardous waste stream. The deodorant would only be a hazardous
waste if it exhibited any of the characteristics defined in
the regulations (ignitable, corrosive, reactive, or BP toxic,
as outlined in Sections 261.21, 261.22, 261.23, and 261.24).
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o *
8?
Pending legislation in Congress plans to regulate lower £ a
quantities of hazardous waste than are presently subject to £. £
regulation under the s»«ll quantity generator regulations. v
The RCRA reauthoriiation legislation changes currently do ox
not reflect any changes in the vaste identification. Thus, L £
the anticipated changes will have no impact on the regulation * =>
of deodorants containing formaldehyde. on
w »-
Thank you for your inquiry. As you know, 40 CPR 262.11 *-^
requires any generator of a solid waste to determine whether en
or not the waste is hazardous, as I have informally reviewed ** ^
above with you. If you have any other questions, feel fees *
to contact Irene Horner of ny staff at (202) 382-4804 or the v.
RCRA/Superfund Hotline at (800) 424-9346 for further regulatory £
clarifications.
Sincerely yours
x.
06
John Skinner, Director ^
Office of Solid Waste (WH-562) *
a
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CO
American Chemical Company
Division of ACC, Inc.
505 N. Lake Shore Drive
Suite 6101
Chicago, Illinois 60611
Chicago (312) 644-8100
Los Angeles (714) 952-1000
London (Slough) 753-42858 May 15, 1984
Honorable William D. Ruckelhaus
Administrator
Enviormental Protection Agency
401 "M" Street S.W.
Washington DC 20460
Dear Mr. Ruckelhaus,
The American Chemical Company is one of the companies that
manufactures the chemical deodorants for the portable s a n i t a t j_.o n
industry comprising over two thousand snail businesses. This
industry provides clear., •. portable restrcor. s where perr.ar. er. r.
toilet facilities are not availaole.
Coupled with portable toilets found in RV's and boats, the toilet
served would easily run between eight and twelve million portable
units. The availability of which, we«believe is a great service
to a clean environment in the United States.
We have been concerned that current legislation on hazardous
waste control as well as the Resource Conservation and Recovery
Act together with recording and reporting procedures could have a
devastating impact on these thousands and millions of providers
and owners.
/^^
It has been repafrt^ed to us, however," that the small amounts of
formaldehyde n/ebsesary to the deodorants used in these portable
toilets is not\^iTow/ covered in the above cited legislation and I
would appreciate someone on your staff confirming this report.
For your information, and in the interest of the cleanest
possible environment, we, as an industry, are developing even
stricter standards on the manufacture and use of these chemical
doedorants for- inclusion in the ANSI requirements published as
ANSI Z4.3. We will be fowarding these stricter standards to the
EPA as they are passed and included. We agree with you and all of
those who realize the necessity of having the cleanest possible
envioriaent for future generations and are constantly researching
ways we can help in this effort.
Sincerely,
Kenneth H^'Holyoak
President /
American Chemical Company
KHHbh
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