United SIMM
               Environmental Protection
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
               REFERENCE (other document!):
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                                                DOC:  9444.08(85)
Key Words:





Source Doc:


Wastes Containing Unreacted Materials Are Not Listed Spent

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


     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

.^                                                                  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

     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.
                                Matthew A. Straus
                                Chief, Waste  Identification  Branch