FAXBACK 12925
9444.1987(17)
PAINT WASTES AND THE SPENT SOLVENT LISTINGS
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
MAY 20 1987
Mr. Stephen J. Evans
Environmental Engineer
Modine Manufacturing Company
1500 De Koven Ave
Racine, Wisconsin 53401
Dear Mr. Evans:
This is in response to your letter of March 30, 1987, in which
you request guidance as to the proper classification of waste paint
sludge and whether these wastes are subject to the November 7, 1986,
land disposal restrictions rule. Specifically, you referred to paint
sludge waste resulting from paint operations where the paint has
been thinned with petroleum naptha solvent. Furthermore, you indi-
cated that the virgin petroleum naptha solvent contains certain
solvent constituents that are also included under the F001-F005
spent solvent listings (e.g., xylene and toluene).
Each of the questions raised in your letter is restated below
and followed by the appropriate response
1. Can we continue to classify the paint sludge as a D007 waste or
must we classify it as an F003 waste?
In order for a waste to meet the criteria of the spent solvent
listing (i.e., EPA Hazardous Waste Nos. F001, F002, F003, F004,
and F005), the waste must be generated as the result of a solvent
being used for its "solvent" properties, that is, its ability to
solubilize (dissolve) or mobilize other constituents (e.g., solvents
used in degreasing, cleaning, fabric scouring; as diluents,
extractants, reaction and synthesis media). Process wastes containing
solvents where the solvent is an ingredient in the formulation of
a product are not covered by the spent solvent listings. Thus,
paints containing solvents as an ingredient are not covered under
the solvent listings. In the painting process scenario you
described, the addition of petroleum naptha solvent to a paint
product constitutes the formulation of a modified paint product.
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The Agency does not recognize a distinction between paints that
contain solvents and paint where solvents have been added.
Therefore, thinned paint (as described in your letter) that is
later discarded as a waste or paint sludge resulting from the
use of the thinned paint would not be covered under the F001-F005
spent solvent listings. If the extractant from a representative
sample of the paint sludge exceeds the maximum concentration of
chromium for the characteristic of EP Toxicity (40 CFR 261.24),
the waste would be appropriately classified under EPA Hazardous
Waste Number D007.
2. If virgin xylene were used in lieu of petroleum naptha to thin
the paint, is the paint sludge that results an F003 waste (>1%
xylene by weight in paint sludge)?
Regardless of whether the solvent is virgin xylene or petroleum
naptha, the solvents are used as ingredients in the formulation
of the paint. As such, the resultants paint sludge would not meet
the criteria for an F003 spent solvent waste (refer to the response
to question No. 1).
3. If waste or reclaimed xylene were used in lieu of petroleum
naptha to thin the paint, is the paint sludge that results an
F003 waste (>1% xylene in paint sludge)?
No. The paint sludge that results would not be properly
classified as an F003 spent solvent waste (refer to the response
to question No. 1).
4. If xylene were used to clean the spray guns (the solvent/paint
sprayed onto the water wall), would the paint sludge then become
an F003 waste (>1% xylene in paint sludge)?
Using xylene to clean the spray guns constitutes use for
its solvent properties because the xylene solubilizes (dissolves)
other constituents (i.e., paint). As such, spent xylene that
is generated from this cleaning practice would be covered by the
spent solvent listings, specifically Hazardous Waste No. F003.
Furthermore, in cases where the spent xylene that results from
cleaning spray guns (an F003 waste) is mixed with paint sludge
produced from the painting scenarios described under questions
1,2, and 3, the resultant waste stream would be considered
an F003 waste (in accordance with the "mixture rule", 40 CFR 261.3
-3-
(a)(2)(iv)).
5. If petroleum naptha and xylene were used to thin the paint
(and the resulting mixture contained >10% xylene by volume),
is the paint sludge that results an F003 waste?
As mentioned above, paint sludge resulting from the overspray
of thinned paint does not meet the criteria for an F003 waste, since
the solvents (in this case, petroleum naptha and xylene) are
ingredients in the formulation of the paint. Thus, the solvent
mixture rule does not apply (see 50 FR 53315, December 31, 1985).
6. If the paint sludge that results is properly classified as an
F003 waste (because it contains >1% xylene), and it is processed
using a distilling device that removes all of the solvent and
water from the paint sludge, is the resulting 'cooked' sludge
an F003 waste even though it no longer contains solvents? If so,
can it be delisted? If the 'cooked' sludge meets the solvent
treatment standard of 0.15 mg/1 for xylene, can it be landfilled?
In accordance with the "derived from rule" (40 CFR 261.3(c)(2)),
the residue from treatment of a hazardous waste remains a hazardous
waste. Thus, assuming the waste stream is properly identified as
an F003 spent solvent waste, the "cooked" sludge resulting from
distillation of this material remains an F003 hazardous waste and is
subject to the applicable land disposal prohibition requirements
unless delisted according to the provisions, or rendered non-hazardous
(see 40 CFR 261.3(a)(2)(iii)). It should be noted that the delisting
procedures require that the petitions address all factors that may
cause the waste to be hazardous, not only those for which the waste
was originally listed.
Where restricted wastes and the concentrations of their
associated hazardous constituents meet the applicable treatment
standards, the wastes may be disposed of in a Subtitle C facility.
Therefore, if the "cooked" sludge meets the treatment standard
established for xylene and does not exceed the treatment standards
for any other restricted waste constituents, it may be placed in
a hazardous waste land disposal facility.
7. If the water wall and associated tank were removed and replaced
with dry filters, and paint containing >10% by volume of xylene
was applied to the product, would the waste paint filters be
classified as an F003 waste? If the waste paint filters
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contained 0.15 mg/1 xylene, would they be classified as an
F003 waste?
The waste paint filters described in this scenario would not
be properly classified as an F003 waste since the paint residuals
would not constitute a spent solvent (refer to the response to
question No. 1).
I hope this information adequately addresses your concerns.
Please feel free to contact William Fortune, of my staff at (202)
475-6715, if you have any further questions.
Sincerely,
Jacqueline W. Sales, Chief