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 [ REFERENCE (other document!): A- Pending OMB approval B- Pending AA-OSWER approval C- For review &/or comment D- In development or circulating headquarters OSWER OSWER OSWER VE DIRECTIVE DIRECTIVE Dl ------- 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. ------- .^ 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 ------- -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 ------- |