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 (Oth«f 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/P«8/'*75-855l/9-24-85/bi8k JB0293 .
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