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9441.1986(34)

APR 28 1986

MEMORANDUM

SUBJECT: Regulatory Interpretation Concerning the MCI/MCL
Material Generated by FMC at its Middleport Facility

FROM: Matthew A. Straus, Chief
Waste Identification Branch (WH-562B)

TO: Richard M. Walka, Chief
Solid Waste Branch (2AWM-SW)


This is in response to your memorandum dated March 18, 1986,
concening the regulatory status (under the Federal hazardous
waste rules) of a mixture of methyl isocyanate (MCI) and
methylene chloride (MCL) that is to be shipped to another
facility for recycling. Based on the information provided in
the attachments to your memo1/ and as I have discussed previously
with Mr. Paul Ingrisano, of your staff, this material would
not be subject to regulation under Subtitle C or RCRA. In
particular, as described in the letters from Mr. Kennedy,
the MCI/MCL is a mixture of unused commercial chemical products
that FMC intends (or at least would like) to ship to its
Institute, West Virginia facility for recycling into the
carbofuran manufacturing process. In order to determine
whether this mixture is a hazardous waste, one must first
determine whether the material is a solid waste. Pursuant
to 40 CFR 261.20(c), when a commercial chemical product (or a
mixture of commercial chemical products) is reclaimed or
used for its originally intended purpose, it is not a solid
waste and, therefore, cannot be a hazardous waste. This
material can thus be shipped to its carbofuran manufacturing
facility in Institute, West Virginia without a manifest; in
addition, the plant in West Virginia does not need a storage
permit. This material would be subject, however, to all
state regulations.


1/ See letters dated March 5 and 10 1986, from Rick W. Kennedy
of Hodgson, Russ, Andrews, and Goodyear.


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Please feel free to give me a call if you have any
additional questions, my telephone number is 8-475-8551.