3EPA
United States
Environmental Protection
Agency
Off tee of
Solid Waste and
Emergency Response
DIRECTIVE NUMBERr 9451.02(84)
TITLE: Responsibility of Generator in Hazardous Waste
Determinations
APPROVAL DATE: 9'4-84
EFFECTIVE DATE: 9-4'84
ORIGINATING OFFICE: office of solid waste
E FINAL
D DRAFT
STATUS:
[
REFERENCE (other documents)
] A- Pending OMB approval
J B- Pending AA-OSWER approval
[ J C- For review 6/or coanent
[ ] D- In development or circulatin
headquarters
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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PART 262 SUBPART A - GENERAL DOC: 9451.02(84)
Key Words: Generator
Regulations: 40 CFR 261.4, 261.11, 261.22, 261.31, 261.32, 261.33(e)/(f)
Subject: Responsibility of Generator in Hazardous Waste Determinations
Addressee: K.T. Allford, NL Treating Chemicals, NL Industries, Inc.,
17402 Wallisvile Road, P.O. Box 490, Channelview, TX 77530
Originator: Alan S. Corson, Chief, Studies and Methods Branch
Source Doc: #9451.02(84)
Date: 9-4-84
Summary:
The supplier of a sulfur-removing compound submitted results of analyzing
a spent material and asked for a hazardous waste determination. Although the
data submitted were incomplete, subsequent discussion is generally applicable.
The generator is responsible for determining whether a waste is hazardous
following the procedures outlined in 40 CFR §262.11. The generator must take
the following steps:
a) Determine if the waste is excluded from regulation under §261.4.
b) Determine if the waste is listed under §261 Subpart D.
c) Determine if the waste is hazardous based on §261 Subpart C charac-
teristics either by testing or applying knowledge of materials or
processes used to produce the waste.
The criteria outlined in §261.20, §261.21, and §261.24 specify how the
testing should be carried out.
A generator should not use the criteria in §261.11(a) to classify waste
because these are the criteria EPA uses to designate listed hazardous waste.
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9451.02 (84)
4 884
K. T'. AilEOLd
NL Treating Chri^icais
r-i L In jus tries, lac.
L74J2 ttalliavilla Kcl.
?.U. box 490
w, TX 77530
Dear Ms, Ailford:
I ^m writing in response to your July 24, 1934, request
COL application of tne Xe source Conservation and Recovery Act
(-terr.ine wnotner tha waste is a hazardous w.iste,
col lowing the procedures outlined in 40 CPU 2^2.11. First,
SULir'A-CiiiCK is not excluded from regulation in S261.4. Second,
o wnethar SULb'A-CHSCX is a listed waste fron 40 CF-? 2^1
D, ancJ, third, diiteraina whether or not SULFA-CHGCK is
Dosed on 40 C.1:'^ 261 SuDpart C characteristics either
5y testing OL applying knowledge. Steps 2 and 3 are elaborated
on Delow.
Sirica it is spent, it is neither a $251.33 (e) or (f) unusod
commercial che.-rucal product, of tr-speci f icat ion species, container,
nor stjill residue oc thosa listed chemicals. You have 'probably
eliminated the 5^pl«31 and S2S1.32 source listings Das^Jd on you-r
>D of flash point protocol was usod by
tne Chemical Research Laboratories.
If SULt'A-CriSiCX is aqueous, it is not corrosive. If It is
nona.jueous liquid, tno "quarter-inch" corrosivity test (or an
equivalent method) outlined in 261.22 rc.ust bo po rf ormod .'
Althoujn the SC^RA re-julations do r»ot specify tests for
reactivity, su-jjest-ed cyanide, and oulfide concentrations ire
less than 10 ppn, or rou-jhly 10 m.j/k.j. You snoul.'l ascertain
the reactivity status of SULFA-CH'CCK.
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In terns of E? toxicity criteria, your laboratory report -
not indicate how the analysis was performed, and your enclosed
anal/313 does not indicate concentrations or the pesticides
produced Dy the EP toxicity procedure. You can probably conclude,
based on tne starting composition of SULFA-CHECK and the type of
usa it has, that none ot" the he'ivy metals or pesticides designated
in the E? toxic test would be found in SULPA-CHSCK.
You should not perform the determinations outlined in 40 Cb"R
261.11 (a)(2) to classify your waste. The Administrator usoa
those criteria to designate solid wastes as hazardous waste.
Thus, even if a solid waste met one of the criteria, it is not a
hazardous waste until so designated by EPA.
I hopa this overview of the hazardous waste determination
clarifies the steps you must take in order to certify whether or
not SULFA-CHECK is a KCRA hazardous waste. On the basis of what
you wrote, SUL?A-CHECX would not be a RCRA hazardous waste, but
you will have to confirm this preliminary determination by
reviewing the points I have raised. You can understand why the
regulations ($262.11) make it the generator's responsibility to
determine whether their solid waste is hazardous, considering.th«
many parameters involved.
As you may know, 44 States and territories have instituted
hazardous waste programs that opotate in lieu of RCRA. In those
States, you will have to comply with State hazardous waste
specifications, instead of the Federal standards. You should
contact the appropriate State agency to acquire their regulatory
standards. For a copy of the State hazardous waste agency addresses
and phone numbers, and for a further discussion of your question,
call the RC3A/Superfund Hotline at 800-424-9346. Pleasa do not
hesitate to call me at (202) 382-4770 if the Hotline cannot
clarify these issues for you.
Sincerely yours,
Alan S. Corson -
Chief
Studies and Methods Branch
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