oEPA
United SIMM
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER:
TITLE: Wastes
Materials Are Not
APPROVAL DATE: s=24~§5
EFFECTIVE DATE: 5-24-85
ORIGINATING OFFICE: office of solid waste
E3 FINAL
D DRAFT
STATUS: 1 i
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VE DIRECTIVE DIRECTIVE Dl
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261 SUBPART D - LISTS
DOC: 9444.08(85)
Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Solvents
Wastes Containing Unreacted Materials Are Not Listed Spent
Solvents
Robert C. Scott, Director of Administration, Mobay Chemical
Corporation, Agricultural Chemicals Division, P.O. Box 4913,
Kansas City, Missouri 64120
Matthew A. Straus, Chief, Waste Identification Branch
#9444.08(85)
5-24-85
Wastes that contain unreacted materials such as toluene, methanol, and m-
cresol are not listed spent solvents. The solvent listing is not intended to
include chemicals which are commonly used as solvents when they are used as
reactants.
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.^ 9444.08 (85)
.2 4 -1985
Mr. Robert C. Scott
Director of Administration
Nobay Chemical Corporation
Agricultural Chemicals Division
P.O. Box 4913
Kansas City, MO 64120
Dear Mr. Scott i
I am writing in 'response to your request JEiQr a decision; ^
regarding whether certain wastes associated with^ the manufacture
of pesticides at your Kansas City, Missouri plant-: are" considered
to be listed hazardous wastes. More specifically, you have ,
inquired whether the manufacturing processes for prothiophosc
sulprofosr 'fensulfothian, and MTMC generate listed spent?: sol vents.
These manufacturing processes use either toluene, mtfthancdV'or
m-cresol as reactants in such excess that JLarge amounts^of. these
materials do not react and are removed from the ~processr;a» * waste
stream. Steve -Hirsch from the Of flee of General Council and I ,
have carefully reviewed, the material, which, you have submitted, as
weH. as the Background Listing Document ( BLD) and the- Federal ,
Register notice for the. list ing concerning, wastes from the usage- of
organic solvents-. Based on our review, we conclude that the wastes
that contain the unreacted materials are^ not listed spent solvents.
''
We agree with Mobay's assertion that the original solvent
listing was not intended to include chemicals which are commonly >
used as solvents when they are used as. reactants. . A« tAav^^JMe* f or
our decision, we cite the following excerpts and quotations from the,,
BLD and the Federal Register notice? ' .*•••••. / : ^Xrv ^ ,>:,.,; ^
o The footnote on page 33 of the BLD states, "Large amounts-
/ of chemicals listed in Table II-l are used in such non4 . \.
solvent applications as chemical feedstock...* Tims,- usage
as a feedstock was considered to be a- non-solyenfe; use. '»•-,'
o Pages 40 and 41 of the BLD define solvent applicajtipnft|k the<
production of pesticides to include "...^usage
(synthesis): medium, and usage in equipment
term "reaction medium* does not mean
rather, it refers to a substance that is
another substance (i.e., solute) to form a, unlfpnly dJ
mixture or solution thereby enhancing 'the _ ^"_ ] .
solute to undergo a chemical reaction witiL oth^r|soiubie;
substances. ,.. .."• -::.-.": v: '/^-x^>*dP^l5;£^v:^^H©'M?:, .A
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-2-
o The language' in 40 FR 56584 (November 17, 1981) ci.-. -ri/
states that substances commonly used as solvents, "... nov
also be used in a manufacturing process as che-iicoi L-e-.-ctjr-t.-
or process intermediates and, when so used, are nor. consi;!cirr
to be spent solvents."
It should be noted that although we do not consider the subject
waste streams to be listed hazardous wastes, these streams may
exhibit hazardous characteristics (e.g., ignitability). It such is
the case/ these wastes should be handled under the waste management
standards contained in 40 CFR Parts 262-266, Part 124, and the
permitting requirements of Parts 270 and 271. If you have any
questions regarding our decision on thi3 matter/ you may contact
me at (202) 382-4761.
Sincerely/
Matthew A. Straus
Chief, Waste Identification Branch
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