United States Solid Waste and EPA530-F-00-033
Environmental Protection Agency Emergency Response November 2000
(5305W) http://www.epa.gov
Office of Solid Waste
f/EPA Environmental
Fact Sheet
EPA PROMULGATES LISTING
DETERMINATION FOR CERTAIN
WASTES FROM THE PRODUCTION OF
CHLORINATED ALIPHATICS
Background
Chlorinated aliphatic hydrocarbon chemicals (CAHCs) entered into commerce in the US
in the early 1920s, and as of 1994, approximately 32 billion pounds of CAHCs were manufactured
by 26 chemical plants (facilities) in the United States.
CAHCs are a group of organic chemicals — most of which are colorless liquids at room temperature
— primarily used as intermediate feedstocks for the production of polyvinyl chloride (PVC) plastics;
CAHCs are also used directly in liquid form as various types of solvents, as intermediates for the
production of other types of chemicals, and in assorted other commercial use categories.
In 1989, the Environmental Defense Fund (EDF) sued the Environmental Protection Agency (EPA),
which resulted in a consent decree setting out deadlines for promulgating certain RCRA rules and
for completing certain studies and reports. Part of this consent decree obliges EPA to propose a
hazardous waste listing determination for wastewaters and wastewater treatment sludges generated
from the production of specified chlorinated aliphatic chemicals. With this notice, EPA is
promulgating listing determinations for these wastes in accordance with the consent decree.
Action
The Agency is listing as hazardous two of six wastes generated by the chlorinated aliphatics
industry. These two wastes are Kl 74 - Wastewater treatment sludges from the production of
ethylene dichloride or vinyl chloride monomer (EDC/VCM); and Kl 75 - Wastewater treatment
sludges from the production of vinyl chloride monomer using mercuric chloride catalyst in an
acetylene-based process. The effect of listing these two wastes is to subject them to stringent
management and treatment standards under RCRA and to subject them to emergency
notification requirement for releases of hazardous substances to the environment. EPA is
finalizing a contingent-management listing approach for one of these wastes. Under the
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contingent management listing determination, the waste will not be listed as a hazardous waste;
if it is sent to a specific type of management facility. EPA is also finalizing determinations not
to list as hazardous four waste generated by the chlorinated alphatics industry. These wastes
are listed below:
• process wastewaters from the production of chlorinated aliphatics (other than
wastewaters from the production of vinyl chloride monomer using mercuric chloride
catalyst in an acetylene-based process);
• process wastewaters from the production of vinyl chloride monomer using mercuric
chloride catalyst in an acetylene-based process;
• wastewater treatment sludges from the production of methyl chloride; and
• wastewater treatment sludges from the production of allyl chloride.
EPA considers the listing criteria set out in 40 CFR 261.11, in light of information relevant to
the criteria, in making listing determinations. The criteria provided in 40 CFR 261.II include
eleven factors for determining whether a waste is capable of posing a "substantial present or
potential hazard to human health and the environment." Nine of these factors, as described generally
below, are directly incorporated into EPA's completion of a risk assessment for the wastestreams of
concern:
• Toxicity (261.1 l(a)(3)(i)) is considered in developing the health benchmarks used in the risk
assessment modeling.
• Constituent concentrations and waste quantities (261.11 (a)(3)(ii) and 261.11 (a)(3)(viii))
are used to define the initial conditions for the risk evaluation.
• Potential to migrate, persistence, degradation, and bioaccumulation of the hazardous
constituents and any degradation products (261.11(a)(3)(iii), 261.11(a)(3)(iv),
261.1 l(a)(3)(v), and 261.1 l(a)(3)(vi)) are all considered in the design of the fate and
transport models used to determine the concentrations of the contaminants to which
individuals are exposed.
We consider two of the remaining factors, plausible mismanagement and other regulatory
actions (261.1 l(a)(3)(vii) and 261.1 l(a)(3)(x)) in establishing the waste management scenario(s)
modeled in the risk assessment.
For More Information
The Federal Register Notice and this fact sheet are available in electronic format on the
Internet. The notice is available at . This fact sheet and other documents
related to this proposed rule
are available at .
For additional information, or to order paper copies of any documents, call the RCRA Hotline.
Callers within the Washington D.C. Metropolitan area must dial 703-412-9810,
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or TDD 703-412-3323 (hearing impaired). Long distance callers may call 1-800-424-9346 or TDD
1-800-553-7672. The RCRA Hotline operates weekdays, 9:00 a.m. to 6:00 p.m. Write the RCRA
Information Center (5305W) USEPA, Ariel Rios Building, 1200 Pennsylvania Avenue, NW,
Washington, DC 20460. E-mail the RCRA Information Center at .
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