oEPA
               United States
               Environmental Protection
               Agency
            Office of
            Solid Waste and
            Emergency Response
DIRECTIVE NUMBER: 9444.16(85)

TITLE: Clarification of January 14, 1985, Dioxin Ruling



APPROVAL DATE: 9-26-85

EFFECTIVE DATE: 9-26-85

ORIGINATING OFFICE:

Q FINAL
                              Office of Solid Waste
               D DRAFT

                 STATUS:
           f  I
               A- Pending OMB approval
 	 	       B- Pending AA-OSWER approval
           I  j  C- For review &/or comment
           [  ]  D- In development or circulating

REFERENCE (Othf document*).     headquarters
  OSWER      OSWER      OSWER
VE   DIRECTIVE    DIRECTIVE   Dl

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261  SUBPART D - LISTS                                        DOC:  9444.16(85)


Key Words:    Dioxin

Regulations:  40 CFR 261.32

Subject:      Clarification of January 14, 1985, Dioxin Ruling

Addressee:    Robert E. Broyles, Purina Mills, Inc., Checkboard Square,
              St. Louis, Missouri 63164

Originator:   Matt Straus, Chief, Waste Identification Branch

Source Doc:   #9444.16(85)

Date:         9-26-85

Summary:

     The letter addresses the following questions:

     o  Whether persons who. solely blended commercially.available materials are
        exempt from the dioxin regulations; and

     o  Whether the rinsate from the equipment so used is EPA hazardous waste.

     The dioxin rules promulgated on January 14, 1985, provide that where past
manufacturing operations (in this case, the formulation of chemicals derived
from 2,4,5-trichlorophenol) presently result in the generation of hazardous
waste, owner/operators can either replace the mixing and formulating tanks or
they can submit a delisting petition demonstrating that the waste in question
does not contain dioxins or -dibenzofurans or other toxicants at levels of
concern.

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                                                              9444.16  (85)
Mr.. .Robert  B.  Broyles       S? 2
Purina  Mills,  Inc.
iCheckerbbradSquare
St. Louis,'MO  63164
                   *
Dear Mr. Broylesi

    . ,This is in response to your letter of September 6,  1985,  '
and pursuant to your conversation with Dr.  Judy Bellin<  In
particular,  you requested that EPA clarify whether persons
who solely  blended  commercially available materials are
exempt  from the dioxin regulations; whether the rinsate  from
the equipment  so used is EPA hazardous waste;  and whether
EPA can provide for an expedited delisting petition.

     Concerning the first point, the dioxin regulations
promulgated on January '14, 1985 provide that the past manu-
facturing operation described in your letter and discussed
with Dr. Bellin (i.e., the formulation of chemicals derived
from 2,4,5-trichlorophenol) presently results  in the generation
of  EPA  Hazardous Waste No. P023.  This applies to the waste
resulting from the  company's mixing and formulating tanks.

     Two, courses of action are available to change this  determ-
ination.  The  company can replace the mixing tanks, or it
can submit  a delisting petition showing that the waste in
question does  not contain chlorinated dioxins  or -dibenzofurans
or  other toxicants  at levels of concern.  Waste generated
after substitution  of "new" equipment, or. after delisting of
the waste,  would no'longer be considered EPA hazardous.waste.

     With respect to the'evaluation of a delisting petition/
we  cannot, guarantee that the petition will be  processed
expeditiously.  The Agency already has approximately 300
petitions that are  currently being reviewed and acted upon;
your petition  would have to be considered in an appropriate
order*

     I  trust the above-adequately reponds to your concerns.  If
you have further questions, please call Judy Bellin at (202)
382-4789*    -  ' '   - '

                               '" Sincerely;
                                  Matt Straus,  Chief,
                                  Haste Identification Branch
  WH-562B/JBBLLIN/P8/'*75-855l/9-24-85/bi8k JB0293 .

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