SEPA
          United States
          Environmental Protection
          Agency
             Office of
             Solid Waste and
             Emergency Response
DIRECTIVE NUMBER: 9443.05(85)

TITLE: Regulation Interpretation for Pesticide Applicator
     Washing Rinse Water
           APPROVAL DATE: 7-22-85

           EFFECTIVE DATE: 7-22-85

           ORIGINATING OFFICE: office of Solid waste

           E FINAL

           D DRAFT

            LEVEL OF DRAFT

              DA — Signed by AA or DAA
              D B — Signed by Office Director
              DC — Review & Comment

           REFERENCE (other documents):
                 OSWER      OSWER
  DIRECTIVE   DIRECTIVE    DI

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PART 261  SUBPART C - CHARACTERISTICS
                                                DOC:  9443.05(85)
Key Words:     Mixture Rule, Pescitide

Regulations:  40 CFR 261.3(c), 261.33(e)(f),  261 Subpart C

Subject:
Addressee:
Regulation Intepretation for Pesticide Applicator
Washing Rinse Water

William Hathaway, Acting Director, Air and Waste Management
Division (6AW), Region VI
Originator:   John H. Skinner, Director, Office of Solid Waste

Source Doc:   //9443.05(85)
Date:

Summary:
7-22-85
     The memo revises previous Agency interpretation that airplane washing
rinsewater generated by washing the exterior of a pesticide aerial applicator's
airplane is hazardous via the mixture rule.  The memo states that the rinsewater
would only be considered hazardous if it exhibited one or more of the characterc-
teristics of hazardous waste identified in Subpart C of Part 261.

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9443.05 (85)
JUL 22 1985
MI$O$ANDUW
8UB3ECT Regulation Interpretation for Pesticide
Applicator Washing Rinse Water
FROIIz John H. Skinner, Director
Office of Solid Waste (WH—562A)
TOt William Hathaway, Acting Director
Air and Waste Management Division (6AW)
Region VI
This is in response to the emorandua tr Allyn Davis
dated April 22, 1985, regarding the regulatory status of
vashvat.ri that ar. generated by washing the exterior of a
p..ticide aerial applicator’s airplane. As we stated in.*
previous memorandum to Region VII (dated June 16, 1982),
the airplane washing rinssvat.r is a hazardous waste via -
the mixture rule (8261.3(c)) if the pesticide residue on
the aircraft is listed in 40 CFR 261.33(e) or (f) (see
attachment). This regulatory interpretation has created
some concern, especially regarding the excessive impacts
the hazardous waste rules will have on pesticide applicators
and regulatory ag.nct.s. Consequently, we have been askd
to reconsider our position on this issue.
Upon reconsideration, we now boliev. that we have
misinterpreted the rules and that the airplane washing
rins.water is not hazardous via the mixture rule. In
particular, the mixture rule states that when a hazardous
waste is mixed with a non—hazardous waste, the entire
mixture is hazardous, unless the waste doss not exhibit any
- - - wasts characteristics ( i.e. , ignitability ,
ity, and extraction procedure (EP)
- th. case of a listed waste, the sized
.1 pursuant to 40 Cr1 260.20 and 260.22. In
p r airplan . washing rinsswater, the mixture
would have to be on. of water and con .rcial chemical
product—namely, th. pesticide. The Agency does not believe
that the pesticide residue left on the aircraft is a discarded
ceamorcial chemical product. Th. residue does not qualify
as material discarded or intended to be discarded. See
generally 45 Federal Register 33113, May 19, 1980. In

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2
listi ociiurota l chemical products, EPA intended to
cov.r products which, for various reasons, are thrown
• ncy did not intend to cover those cases,
as rS - t chemical is released into the environment
as a t ot use. Unless we take such a position, one
could argue that the pesticide that is sprayed that does
not tall directly on the crop (but falls on the ground next
to th. crop) would be disposal of an unused commercial
chemical product; such an interpretation is a distortion of
the commercial chemical produce rule.
Consequently, we are withdrawing our previous interpretation
that alt-plane washinq rins.water is a hazardous waste via the
mixture rule4/ Rather, this rinsewater would be defined as
hazardous only if it exhibits one or more of the characteristics
identified in Subpart C of Part 261.
Should you have any further questions concerning this matter,
please contact Matthew A. Straus of my staff on (202) 475—8551..
cc: Air & Wat.r Management Division Directors (I to V and VIZ taX)
Air & Waste Management Branch Chief (I—X)
S. 8chatzov
P. Gray
R. Eharc2t
B. Weddi,.
3. Lel an
J It should be noted that the remainder of the regulatory
interpretations discussed in the June 16, 1982 memorandum
are still appropriate and should be considered valid.
WH—562B/HFRIBUSH/ecrfl/475—8551/7—8—85 Disk HF*1—32

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