oEPA
               United States
               Environmental Protection
               Agency
            Office of
            Solid Waste and
            Emergency Response
DIRECTIVE NUMBER: 9445.01(85)

TITLE: Regulating Status of Soil Contaminated with
     Toluene
                APPROVAL DATE: 4-5-85

                EFFECTIVE DATE: 4-5-85

                ORIGINATING OFFICE: office of solid waste

                D FINAL

                D DRAFT

                 STATUS:    {  j
           | )  A- Pending OMB approval
           | ]  B- Pending AA-OSWER approval
           [ 1  C- For review &/or consent
           I ]  D- In development or circulating

REFERENCE (other documents):      "Mdquarters
  OSWER      OSWER      OSWER
VE   DIRECTIVE   DIRECTIVE   Dl

-------
PART 261  - APPENDICES
                                                DOC:  9445.01(85)
Key Words:    Contaminated Soil, Toluene, Listing, Appendix VIII

Regulations:  40 CFR 261.31, 261.32, 26U33

Subject:      Regulating Status of Soil Contaminated with Toluene

Addressee:    Paul Jonmaire, Ecology and Environment, Inc., 195 Sugg Road,
              P.O. Box D, Buffalo, New york 14225

Originator:   David Friedman, Manager, Methods Program

Source Doc:   #9445.01(85)
Date:

Summary:
4-5-85
   Soil contaminated with toluene is not automatically considered to be a
hazardous waste unless it contains one of the wastes listed in §§ 261.31,
261.32, and 261.33.

-------
                                                            9445.01  (85)
                                                  5 !985
Dr. Paul Jonmaira
Ecology and Environment, Inc.
195 Sugg Road
P.O. Box D
Buffalo, Maw York  14225

D«ar Dr. Jonoaires

     In response to your racant raqueet for information
ragarding tha basis for inclusion on Appendix VIII of several
substances, enclosed please find copies of relevant listing
background documents.

     In answer to your other question, soil contaminated with
toluene ia not automatically considered to be a hazardous waste-
solely because toluene is listed in Appendix Vin.  Only if a
apill containing one of the wastes listed in 5261.31, .32,
or  .33 were the cause of such contamination would such a
situation arise.  If such a spill were indeed responsible for
the contamination, formal delistinq is required before the
residue can be considered not to be hazardous.  Supposing that
the spill did not account for the contamination, the soil would
only be regarded as a hazardous waste if it exhibits one of the
hazardous waate characteristics.  The inclusion of toluene on
Appendix VIII is not considered to be germane.

     Hoping this answers your questions.

                                    Sincerely,
                                    David Friedman
                                      Manager
                                    Methods Program
Enclosures!

$261.33 Background Document
Listing Background Documents!
Chlorobenzones
Toluene
Cyanide

-------