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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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03/01/2013CLARIFICATION ON THE DILUTION OF LISTED F003 HAZARDOUS WASTEMemo
 Description: An F003 hazardous waste (listed solely for the characteristic of ignitability) is not a hazardous waste if the waste no longer exhibits any characteristic of hazardous waste per 40 CFR 261.3(g). However, F003 waste that is subsequently decharacterized is still subject to the Part 268 LDR requirements and may not be simply diluted as a substitute for adequate treatment (268.3) (SEE ALSO: R
 
08/23/2010CHARACTERIZATION OF USED TOLUENE WHEN SOLD AS A FUEL ADDITIVE OR FOR OTHER FUEL PURPOSESMemo
 Description: Used toluene is a spent material and not a commercial chemical product (CCP), therefore the solid waste exemption for fuels burned for energy recovery does not apply. "Commercial chemical product" refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use. This consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not refer to a material such as a manufacturing process waste. Used toluene is a spent material because it has been used and as a result of contamination, can no longer serve the purpose for which it was produced without processing. Additionally, "contamination" as used in the definition of spent material, is any impurity, factor, or circumstance which causes the material to be taken out of service. Finally, the definition of spent material has been consistently applied to materials that have been used and are no longer fit for use without being regenerated.
 
10/08/2004REUSABLE AND DISPOSABLE SOLVENT-CONTAMINATED INDUSTRIAL WIPESMemo
 Description: Response to concerns about the proposed rags and wipers rule. Includes attachments such as Response to Concerns on Solvent-Contaminated Wipes Proposal (SEE ALSO: Dunne to Clinton, 9/13/04 RO14724).
 
09/13/2004REUSABLE AND DISPOSABLE SOLVENT-CONTAMINATED INDUSTRIAL WIPESMemo
 Description: Many states currently provide regulatory relief for resuable contaminated wipes sent to an industrial laundry for cleaning and reuse with conditions that vary from state to state. Most states require that containers of wipes do not contain free liquids. (Similar letter sent to Waxman, DeLauro, and Boxer)
 
09/13/2004REUSABLE AND DISPOSABLE SOLVENT-CONTAMINATED INDUSTRIAL WIPESMemo
 Description: Many states currently provide regulatory relief for resuable contaminated wipes sent to an industrial laundry for cleaning and reuse with conditions that vary from state to state. Most states require that containers of wipes do not contain free liquids. (SEE ALSO: Dunne to Clinton, 9/13/04 RO14724)
 
09/13/2004REUSABLE AND DISPOSABLE SOLVENT-CONTAMINATED INDUSTRIAL WIPESMemo
 Description: Many states currently provide regulatory relief for resuable contaminated wipes sent to an industrial laundry for cleaning and reuse with conditions that vary from state to state. Most states require that containers of wipes do not contain free liquids. (SEE ALSO: Dunne to Clinton, 9/13/04 RO14724)
 
09/13/2004REUSABLE AND DISPOSABLE SOLVENT-CONTAMINATED INDUSTRIAL WIPESMemo
 Description: Many states currently provide regulatory relief for resuable contaminated wipes sent to an industrial laundry for cleaning and reuse with conditions that vary from state to state. Most states require that containers of wipes do not contain free liquids. (SEE ALSO: Dunne to Clinton, 9/13/04 RO14724)
 
04/12/2004POLICY ON THE MANAGEMENT OF RINSATE FROM EMPTY CONTAINERSMemo
 Description: Even though rinse water from an “empty” container may be non-hazardous, 261.7 does not exempt rinse water because rinse water is not a waste “remaining in” an “empty” container. When residue is removed from an empty container the residue is subject to full regulation under Subtitle C if the removal or subsequent management of it generates a new hazardous waste exhibiting any characteristics identified in Part 261, Subpart C. Rinsing an “empty” container with an agent containing solvent that would be listed when discarded would cause rinsate from an “empty” container to be listed due to the nature of the rinsing agent, not the nature of the waste being rinsed from the “empty” container.
 
11/01/2003EPA Proposes Conditional Exclusions From the Definition of Hazardous Waste and the Definition of Solid Waste For Solvent-Contaminated Wipes (Fact Sheet)Publication
 Description: This fact sheet discusses EPA's proposed conditional exclusion from the definition of hazardous waste for disposable industrial wipes contaminated with listed or characteristic solvents when sent for to disposal, and EPA's proposed conditional exclusion from the definition of solid waste for reusable industrial wipes contaminated with listed or characteristic solvents when sent to laundries or industrial dry cleaners to be cleaned and reused.
 
12/01/2002REGULATORY STATUS OF SOLVENT RESIDUE FROM SPRAY CANSQuestion & Answer
 Description: Unused solvent removed from a non-empty spray can may meet a hazardous waste listing if the solvent is on the P or U list. The unused solvent might also exhibit a characteristic of hazardous waste. An unused solvent would not be classified as an F-listed spent solvent since it was never used. Hazardous waste determinations are the responsibility of the generator.
 
05/06/2002REGULATORY STATUS OF SOLVENT-CONTAMINATED SHOP TOWELSMemo
 Description: EPA has not determined what regulatory action is appropriate for solvent-contaminated shop towels. EPA may provide an exclusion from the definition of solid waste for these items. States have policies for contaminated wipes, but the regulations differ from state to state. Generators have petitioned EPA for federal regulations to promote regulatory consistency. EPA is working with stakeholders to develop a proposal that ensures environmentally sound management, is cost-effective, and encourages source reduction and recycling of the hazardous solvents.
 
05/01/2002REGULATORY STATUS OF SOLVENT-CONTAMINATED SHOP TOWELSMemo
 Description: EPA may provide an exclusion from the definition of solid waste for solvent-contaminated shop towels. States have policies for contaminated wipes, but regulations differ from state to state. Generators have petitioned EPA for federal regulations to promote regulatory consistency. EPA is working with stakeholders to develop a proposal, which ensures that solvent-contaminated shop towels are managed in an environmentally sound manner at the lowest possible cost to the regulated community.
 
12/11/2001CLARIFICATION OF THE NEW MIXTURE AND DERIVED-FROM RULES FOR F003Memo
 Description: Section 261.3(g)(1) generally exempts hazardous waste originally listed as F003 if it no longer exhibits the characteristic of ignitability. Mixtures of solid waste and F003 wastes and wastes derived-from F003 are no longer hazardous and the F003 code is removed if the subsequent wastes no longer exhibit the characteristic of ignitability. F003 land disposal restrictions (LDR) requirements are still applicable to the exempted waste if it exhibited the characteristic of ignitability at the point of generation, regardless of whether it is ignitable at the point of land disposal. If a waste that meets the F003 listing contains 10% or more of the other F-listed solvents (F001, F002, F004 and/or F005) but is not ignitable or if a waste that meets the F003 listing is mixed with another listed waste and is not ignitable, then the F003 waste code would be dropped, all other waste codes would be retained.
 
09/01/2001LAND DISPOSAL RESTRICTIONS FOR F001-F005 SOLVENT WASTESQuestion & Answer
 Description: Facilities generating F001-F005 spent solvent wastes containing carbon disulfide, cyclohexane, and methanol, along with other listed solvent constituents, need to treat only the wastewater forms of these three constituents. A facility must treat F003 and/or F005 spent solvents that contain only one or a combination of carbon disulfide, cyclohexane, and methanol to the concentration levels specified for this subcategory. If the F001-F005 waste is also characteristic, then the facility must meet the treatment standards for all UHCs including both the wastewater and nonwastewater standards for carbon disulfide, cyclohexane, and/or methanol.
 
07/03/2001SHOP TOWELS CONTAINING HAZARDOUS SOLVENTSMemo
 Description: EPA has not determined what regulatory action may be appropriate for solvent-contaminated wipes. The Agency’s efforts on this issue were initiated as a result of petitions from various industries. EPA intends to develop a consistent, cost-effective regulatory program and will examine regulatory cost burden on small businesses associated with their use of wipes. If EPA proposes a rule, stakeholders and the general public will be granted a 90-day comment period to submit formal, written comments and make suggestions on the rule.
 
06/26/2001REUSABLE AND DISPOSABLE SOLVENT-CONTAMINATED WIPESMemo
 Description: EPA has not determined what regulatory action may be appropriate for solvent-contaminated wipes. The Agency’s efforts on this issue were initiated as a result of petitions from various industries. EPA intends to develop a consistent, cost-effective regulatory program and will examine regulatory cost burden on small businesses associated with their use of wipes. If EPA proposes a rule, stakeholders and the general public will be granted a 90-day comment period to submit formal, written comments and make suggestions on the rule.
 
06/22/2001SOILED REUSABLE AND DISPOSABLE SHOP TOWELS CONTAINING HAZARDOUS WASTE SOLVENTSMemo
 Description: EPA has not published any proposal regarding solvent-contaminated wipes in the Federal Register. The Agency’s efforts on this issue were initiated as a result of petitions from various industries. EPA intends to develop a consistent, cost-effective regulatory program and will examine regulatory cost burden on small businesses associated with their use of wipes. If EPA proposes a rule, stakeholders and the general public will be granted a 90-day comment period to submit formal, written comments and make suggestions on the rule.
 
04/19/2001FEDERAL REGULATIONS GOVERNING SOLVENT-CONTAMINATED WIPESMemo
 Description: EPA intends to move forward with proposing a rule addressing solvent-contaminated wipes as quickly as possible. EPA strives to develop a consistent regulatory program where solvent-contaminated wipes are managed in an environmentally sound, cost-effective manner while encouraging source reduction and recycling.
 
02/26/2001REGULATORY STATUS OF SHOP TOWELS CONTAINING HAZARDOUS SOLVENTSMemo
 Description: The Agency has not published any proposals regarding solvent-contaminated wipes in the Federal Register. EPA has been and will continue to analyze the economic impact of any future rule on small businesses.
 
08/07/2000FEDERAL CONTROLS OF DRY CLEANING FLUID PERCHLOROETHYLENEMemo
 Description: RCRA mandates EPA establish requirements for management of hazardous waste such as perc (perchloroethylene, tetrachloroethylene). EPA has developed numerous compliance assistance documents for dry cleaning industry. EPA’s Design for the Environment Program (DfE) forms voluntary partnerships to evaluate environmental considerations of products and processes.
 
10/01/1998CONTAMINATED ELECTROPLATING RINSEWATERSQuestion & Answer
 Description: Rinsewaters contaminated with plating bath solutions or stripping and cleaning bath solutions are not within the scope of the F007 or F009 hazardous waste listings. Trace amounts of plating and stripping solutions carried over to rinse tanks are not considered solid or hazardous wastes mixing with another solid waste, as these materials are in use and not wastes until spent and removed from the process. Spent rinsewaters removed from the process are regulated if they exhibit a characteristic or become mixed with a listed hazardous waste.
 
01/06/1998CLASSIFICATION OF SPILLED TOLUENE AS U220 HAZARDOUS WASTEMemo
 Description: Off-specification commercial chemical product (CCP) is an unused material that would have been a CCP if it met specifications. EPA has not set exact concentrations for a CCP to be considered off-specification. A material can be off-specification CCP if it is contaminated without being used for its intended purpose (e.g., during storage). If a material is contaminated via normal use, it would be a spent material. A spent material can regain its unused CCP status if the material is reclaimed and requires no additional processing before it can be used beneficially. Used toluene spilled from a storage tank may meet F005 listing or may exhibit a characteristic (such as ignitability).
 
12/01/1997Waste Minimization: Reducing Releases of Chlorinated Solvents, Ford Motor CompanyPublication
 Description: This fact sheet details the success of the waste minimization program at Ford Motor Company, accomplished through a change in the design of the production line.
 
12/01/1997Waste Minimization: Reduction in Combustible Waste, FMC CorporationPublication
 Description: This fact sheet details the success of the waste minimization program at the FMC Corporation, which reduced their combustible waste by recycling their solvents.
 
07/29/1997REGULATION OF EQUIPMENT USED TO CONVEY SOLVENTSMemo
 Description: Solvent used to clean a spray painting unit (gun) is a waste once it leaves the painting unit since it is physically removed from the unit and will no longer be used. Equalization tanks and associate piping used to convey the waste solvent to an accumulation unit are part of the waste storage tank system and subject to generator accumulation requirements and hazardous waste tank standards as applicable. Systems that solely manage waste are not considered part of the manufacturing process.
 
06/03/1997REGULATORY STATUS OF SOLVENT RECOVERY UNITSMemo
 Description: All secondary materials (e.g., process solvents from agricultural chemical manufacturing process and automotive paint manufacturing process) must be returned to the production process to qualify for the closed-loop recycling exclusion. A process which returns 80% of xylene and sends 20% of recovered xylene off as product does not qualify. Production process includes activities that tie directly into the manufacturing operation or are the primary operation at a facility.
 
06/01/1997USE AS INGREDIENT NOT WITHIN SOLVENT LISTINGQuestion & Answer
 Description: The use of solvent as an ingredient is not covered by the spent solvent listings. Unused product being disposed would not carry an F listing if the unused solvent had been added as an ingredient. Unused product may be P or U listed when disposed if the solvent served as the sole active ingredient in the product.
 
04/01/1997THE DEFINITION OF USED OILQuestion & Answer
 Description: The definition of used oil is based on criteria of origin, use, and contamination. Used oil must be derived from crude or synthetic oil; be used as a lubricant, coolant, heat transfer or hydraulic fluid, or similar uses; and be contaminated through use. Petroleum-based solvents are not used oil because they do not meet the use-based criterion (they are used as solvents and not as lubricants or similar uses). Antifreeze is not regulated as used oil, even though antifreeze may meet all three criteria.
 
12/24/1996CLASSIFICATION OF SOLVENTS ADDEDMemo
 Description: Solvent used as reactants or ingredients in a product are not F-listed spent solvents. The policy also applies to discarded unused product containing solvent. The policy applies to solvents which are added by the end user to adjust viscosity. Statements to the contrary in the Solvent Study (EPA530-R-96-017) (August 1996) and Listing Determination Background Document for the 8/14/96 solvent listing proposal (61 FR 42318) are incorrect.
 
09/17/1996MAINTAINING CONSISTENCY REGARDING THE REGULATORY STATUS OF DISPOSABLE AND REUSABLE RAGS AND WIPERSMemo
 Description: EPA recognizes the issues involved with maintaining consistency among the Regions on the regulatory status of disposable and reusable wipers (rags) contaminated with de minimis amounts of solvent. EPA is developing a data collection strategy to draw conclusions on the potential environmental concerns posed by these wipers.
 
09/01/1996PCB WASTES AS HAZARDOUS WASTESQuestion & Answer
 Description: PCBs are not listed RCRA hazardous wastes. It is possible that PCBs will be present as incidental contaminants in a listed hazardous waste (e.g., solvent used to remove PCBs from transformers). Typically PCBs do not exhibit a characteristic. Wastes that are hazardous for TC waste codes D018-43 and contain PCBs are exempt under RCRA if regulated under TSCA. Waste containing PCBs and not qualifying for the Section 261.8 exemption is fully subject to RCRA. Land disposal restrictions has special standards for PCB wastes (California List) per Section 3004(d)(2)(D) and 3004(d)(2)(E) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
08/28/1996Solvent StudyPublication
 Description: This is a final report of the study on spent solvents under taken as a result of a consent decree between the Environmental Defense Fund (EDF) and the Environmental Protection Agency (EPA). The study discusses the wastes associated with the use of the materials as solvents, the toxicity of the wastes, and the management practices for the wastes. The chemicals included in this study are diethylamine, aniline, ethylene oxide, allyl chloride, 1,4-dioxane, 1,1-dichloroethylene, and bromoform. In addition, this reports discusses the methodology used for the solvents industry study.
 
08/01/1996Environmental Fact Sheet: No Hazardous Waste Listing Proposed For 14 SolventsPublication
 Description: Summarizes EPA's proposal not to amend the regulations for hazardous waste management under the Resource Conservation and Recovery Act (RCRA) for wastes generated during the use of Certain organic solvents. The Agency proposes not to list as hazardous wastes that are generated from the solvent use of any of the following 14 chemicals: acetonitrile, benzyl chloride, cumene, cyclohexanol, 1,4-dichlorobenzene, epichlorohydrin, ethylene dibromide, 2-ethoxyethanol acetate, furfural, isophorone, 2-methoxyethanol, 2-methoxyethanol acetate and phenol.
 
03/07/1996INDUSTRIAL WIPERS AND THE HAZARDOUS WASTE IDENTIFICATION RULEMemo
 Description: Discusses possible factors to consider in a future rulemaking on disposable and reusable rags and wipers contaminated with solvents (SEE ALSO: RPC# 10/27/94-01 and RPC# 2/14/94-01).
 
08/03/1995EPA'S INTERPRETATION OF THE EXEMPTION IN 40 CFR 261.3(A)(2)(IV)(F), A NEW SECTION OF EPA'S REGULATIONS ON CARBAMATE LISTING RULEMemo
 Description: The mixture rule exemption for K157 carbamates (261.3(a)(2)(iv)(F)) must account for all constituents not reacted, destroyed, or recovered, including the amount volatilized. The compliance point (where volatilization is measured) is the point of generation prior to mixing with other wastes. Volatilization during production is not counted towards the threshold. The relationship between 261.3(a)(2)(iv)(F) and 261.3(a)(2)(iv)(B) (solvents from non-specific sources) is discussed.
 
03/01/1995HOTEL DRY CLEANING WASTE AND THE HOUSEHOLD WASTE EXCLUSIONSQuestion & Answer
 Description: Wastes produced by a hotel dry cleaning facility are not household wastes and therefore are not excluded from RCRA regulation. Two criteria must be met for household hazardous wastes (HHW) to be excluded. Hotel wastes that are similar to wastes generated by consumers in their homes are excluded.
 
02/10/1995CLARIFICATION OF THE LDR PHASE II REGULATION THAT APPEARED IN THE FEDERAL REGISTER ON SEPTEMBER 19, 1994Memo
 Description: SW-846 need not be used to demonstrate compliance with the universal treatment standards (UTS). When organic waste are combusted, nondetect values within an order of magnitude of UTS are acceptable. Notification for F001-F005, F039, D001, D002, D012-43 must include the constituents to be monitored if monitoring will not involve all UTS constituents.
 
09/28/1994CLARIFICATION ON: MANIFEST DOCUMENT NUMBER; F003, F005, D001; WASTE DESTINED FOR RECYCLING; AND TREATMENT STANDARDS FOR CFCMemo
 Description: F003 and F005 waste exhibiting ignitability must carry a notification for and meet the D001 treatment standard (TS), since F003/F005 does not operate in lieu of D001 (SEE ALSO: 55 FR 22520, 22530; 6/1/90) (USE WITH CAUTION: see RPC# 3/1/94-02). The TS for chlorinated fluorocarbons (CFC) is discussed. A CFC waste may be subject to the California list prohibition for halogenated organic compounds (HOC) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97) (SEE ALSO: RPC# 5/16/91-01). Materials that are not a solid waste (SW) when recycled are exempt even if shipped to a recycler via a TSDF. Scrap metal is both a SW and is hazardous, but is exempt if recycled. The legitimacy of recycling must be documented. Use of manifest continuation sheets is outlined.
 
08/22/1994REGULATORY STATUS OF FOAM MATERIALS FROM THE USE OF CFCS, HCFCS, AND HFCS AS BLOWING AGENTSMemo
 Description: The attachment is an information sheet on CFC, HCFC, HFC blowing agents, solvents, and refrigerants. Foam products containing CFCs used as physical blowing agents are not listed hazardous wastes (SEE ALSO: RPC# 2/26/90-01). Spent trichlorofluoromethane and 1,1,2-trichloro-1,2,2-trifluoroethane used as solvents or reaction media are listed hazardous wastes. CFCs and HCFCs used in degreasing are F001. F001 listing description does not include HFCs. Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment are excluded under 261.4(b)(12), provided the refrigerant is reclaimed for further use. This guidance provides the definition of treatment.
 
06/10/1994CLARIFICATION OF RCRA REGULATIONS AS THEY APPLY TO THE USE OF PERCHLOROETHYLENE IN DRY-CLEANING PROCESSMemo
 Description: Perchloroethylene (PCE) from dry cleaning that is periodically drained from a closed-loop solvent reclamation system, stored temporarily, and reintroduced into the system may be a spent material or product, depending on the level of contamination and where the PCE is being reintroduced into the system.
 
06/10/1994INTERPRETATION OF THE MIXTURE RULE EXEMPTION AS IT RELATES TO SCRUBBER WATER FROM THE INCINERATION OF CERTAIN SOLVENTSMemo
 Description: The 261.3(a)(2)(iv)(A) and (B) mixture rule exemptions for de minimis quantities of solvents apply only to solvents incidentally discharged to wastewaters, not to solvents in "principle wastestreams" routed to wastewaters. Scrubber water derived from listed solvent incineration is not eligible for the mixture rule exemption.
 
06/02/1994APPLICABILITY OF RCRA REGULATIONS TO A HYDRO-MIST UNIT USED IN THE TREATMENT OF WASTEWATER AT DRY-CLEANING FACILITIESMemo
 Description: A treatment unit that evaporates dry cleaning wastewater by atomizing or misting the liquid into ambient air could qualify as a wastewater treatment unit (WWTU) (SEE ALSO: RPC# 6/2/93-01). OSW does not certify, endorse, or approve specific technologies.
 
06/01/1994SCOPE OF SPENT SOLVENT LISTINGSMemo
 Description: EPA has not established numerical levels for solvent contamination in nonhazardous manufacturing process wastes that trigger hazardous waste regulation. If listed solvent hazardous waste in any amount is mixed with other solid waste, the mixture is listed (SEE ALSO: 261.3(a)(2)(iv) exemption; RPC# 10/20/92-02).
 
06/01/1994TECHNICAL GRADE SOLVENT FORMULATIONS AND THE F003 LISTINGQuestion & Answer
 Description: The F003 listing covers pure solvent mixtures as well as technical grade solvent formulations used for their solvent properties. Discusses the definition of technical grade. A solvent can contain de minimis concentrations of contaminants or impurities and still meet the F003 listing.
 
03/31/1994INTERPRETATION ON REGULATORY STATUS OF MERCURY RELAYS AND SWITCHES WHEN RECLAIMEDMemo
 Description: Clarification of when a secondary material is a spent material and the definition of contamination are discussed. Materials such as used lead-acid batteries (battery), solvents, and mercury thermostats and switches are spent materials when sent for reclamation, even if they can still be used for their original purpose. Characteristic sludges and by-products are not solid wastes when reclaimed. Commercial chemical products (CCPs), whether listed or characteristic, are not solid wastes when reclaimed.
 
03/24/1994CLARIFICATION OF WHEN A SECONDARY MATERIAL MEETS THE DEFINITION OF ""SPENT MATERIAL""Memo
 Description: Clarification of when a secondary material is a spent material and the definition of contamination are discussed. Materials such as used lead-acid batteries (battery), solvents, and mercury thermostats and switches are spent materials when sent for reclamation, even if they can still be used for their original purpose (See Also: RO 14814). Characteristic sludges and by-products are not solid wastes when reclaimed. Commercial chemical products (CCPs), whether listed or characteristic, are not solid wastes when reclaimed.
 
03/22/1994CLARIFICATION OF THE ""CONTAINED-IN"" POLICYMemo
 Description: Soil containing F003 (listed solely for ignitability) may be deemed to contain hazardous waste due to the presence of hazardous constituents (such as metals) even if the soil does not exhibit a characteristic under the contained-in policy (SEE ALSO: 66 FR 27266, 27286; 5/16/01). Consistent with the process for delisting wastes listed solely for a characteristic, States may consider constituents other than those for which the waste was listed when deciding if the soil still contains hazardous waste.
 
02/14/1994REGULATORY STATUS OF USED INDUSTRIAL WIPERS AND SHOP TOWELSMemo
 Description: Whether solvent-contaminated rags, wipers, or towels contain a listed hazardous waste, are mixed with a listed hazardous waste, only exhibit a characteristic, or are not a waste at all depends on site-specific factors that are best evaluated by the Region or state implementing agency. The laundering of wipers cannot be used as a means to disguise solvent disposal.
 
01/28/1994REGULATORY STATUS OF TREATMENT ASSOCIATED WITH FUEL-BLENDING ACTIVITIESMemo
 Description: The definition of treatment has been upheld in court. Adding materials (e.g., sodium hydroxide) to a waste during fuel blending meets the definition of treatment. Physical manipulation, commingling or consolidation of wastes, distillation to remove contaminants, and processing to remove components (e.g., to accomplish phase separation) could all meet the definition of treatment. The waste treatment codes T50 (blending), T54 (distillation), and T63 (solvent recovery) identified in Part 264 Appendix I are used to identify handling techniques, not to identify all the activities requiring a permit or constituting treatment.
 
10/22/1993REGULATORY STATUS OF SEPARATOR WATER AND THE USE OF SEPARATOR WATER EVAPORATORS AT DRY-CLEANING FACILITIESMemo
 Description: EPA statement in the letter, Lowrance to Fisher (RPC# 6/2/93-01), that evaporation units at dry cleaners that do not discharge wastewaters pursuant to CWA are wastewater treatment units (WWTU) is specific to units that are used in dry cleaning. A unit receiving concentrated wastes is generally not a WWTU.
 
10/13/1993LAND DISPOSAL RESTRICTION INTERIM FINAL RULEMemo
 Description: Discusses the applicability of the interim final rule (58 FR 29884; 5/24/93) to wastes that have one or more numerical treatment standards as well as a deactivation requirement. F001 waste that is also corrosive (D002) must be treated to meet the standards for both waste codes (including treatment for underlying hazardous constituents). Waste mixtures with common constituents of concern must meet the most stringent standard that applies. Ignitable (D001) and corrosive wastes (subject to treatment for underlying hazardous constituents) may be aggregated with other compatible wastes to facilitate treatment. Aggregating wastes for other purposes may be impermissible dilution.
 
10/07/1993CLARIFICATION OF THE USE OF UNDERGROUND STORAGE TANKS TO CONTAIN HAZARDOUS WASTE SPILLSMemo
 Description: An underground tank used to contain a spill of hazardous waste solvent is a hazardous waste tank system. An underground tank used to contain a spill of reclaimed solvent not a hazardous waste tank system, but it may be subject to Part 280.
 
09/09/1993REGULATORY STATUS OF DRIP GAS GENERATED ALONG NATURAL GAS TRANSMISSION PIPELINESMemo
 Description: Addresses the regulatory status of drip gas from natural gas pipelines that is used as a solvent to remove paraffin buildup. Drip gas may be a hazardous waste used in a manner constituting disposal if it is a by-product rather than a legitimate product. Discusses the criteria for determining if the drip gas is a waste or a product.
 
09/01/1993HAZARDOUS WASTE RECYCLING REGULATIONS TO A PROPOSED INK RECYCLING PROCESSMemo
 Description: Waste ink is a spent material. Spent materials are solid wastes when they are reclaimed. Process recycling waste ink is not regulated under RCRA Subtitle C. The storage of waste ink prior to recycling is subject to permit standards. Whether a temporary holding area is subject to permitting is decided on a case-by-case basis. Lithographic printers may qualify as CESQGs (SEE ALSO: RPC# 9/20/93-03). Waste ink may be characteristic or listed, depending on the type of solvent used to clean the ink machine. Hazardous waste recyclers must notify EPA under RCRA 3010 and obtain EPA ID numbers. Residues from the recycling process may no longer be solid wastes if they are legitimate products. Discusses the regulatory status of reclaimed materials and legitimacy determinations.
 
06/02/1993REGULATORY STATUS OF SEPARATOR WATER AND EVAPORATOR UNITS AT DRY CLEANERSMemo
 Description: Evaporator units at dry cleaners that have eliminated CWA discharges due to concern over sewer leaks are generally wastewater treatment units (WWTU) (SEE ALSO: RPC# 10/22/93-02). The WWTU exemption applies only to wastewater, not concentrated wastes like free-phase perchloroethylene. CESQG status depends on the total amount of hazardous waste generated at a facility per calendar month. EPA cannot state whether all generators from a particular industry (e.g., dry cleaning) are CESQGs. CESQGs are subject only to 261.5.
 
06/02/1993SEPARATOR WATER AND USE OF EVAPORATORS AT DRY-CLEANING FACILITIESMemo
 Description: Evaporator units at dry cleaners that have eliminated their CWA discharges due to concern over sewer leaks are generally wastewater treatment units (WWTU) (SEE ALSO: RPC# 10/22/93-02). The WWTU exemption applies only to wastewater, not concentrated wastes like free-phase perchloroethylene.
 
05/01/1993WASTE CLASSIFIED AS BOTH F005 AND K086Question & Answer
 Description: Washes and sludges generated from cleaning an ink pigment mixing tub using an 80 percent toluene solvent is classified as F005 and K086. For purposes of land disposal restrictions (LDR), the generator must also determine applicable characteristics.
 
04/19/1993DISCUSSION PAPER ON POSSIBLE UNIVERSAL WASTEMemo
 Description: EPA is evaluating the applicability of the household hazardous waste (HHW) exclusion to lead-based paint abatement wastes (SEE ALSO: 63 FR 70233, 70241; 12/18/98). Part 279 prohibits the storage of used oil in unlined surface impoundments and applying used oil to roads. Fluorescent bulbs may be conditionally exempt in the future. EPA does not believe that F001-F005 solvents should be included as universal wastes. EPA is currently studying other solvent wastes to determine if they merit a listing (SEE ALSO: 61 FR 42318; 8/14/96). Spent antifreeze may exhibit the toxicity characteristic for lead and/or benzene. EPA is evaluating toxicity characteristic levels for lead and pentachlorophenol (PCP). New MCLs could affect future toxicity characteristic levels. Sandblast grit from the removal of lead-based paint may be D008.
 
12/22/1992IDENTIFICATION OF SPENT SOLVENT IN CERTAIN INDUSTRIAL PROCESSESMemo
 Description: Toluene-containing polyurethane coating used in the manufacture of marine buoys and fenders is not F005 when used to mechanically clear a spray gun nozzle (i.e., not solubilizing) as long as the solvent is not used for its solvent properties.
 
12/01/1992HYDROCHLOROFLUOROCARBONS USED IN DEGREASINGQuestion & Answer
 Description: Hydrochlorofluorocarbons (HCFCs) used in degreasing are F001 if the concentration was 10% before use. Hydrogenated fluorocarbons (HFCs) are not F001.
 
12/01/1992REBUTTABLE PRESUMPTION FOR USED OILQuestion & Answer
 Description: There is no definition for “significant concentrations” of Appendix VIII constituents in used oil (UO) for the rebuttable presumption. 100 ppm of halogenated solvent compounds is generally significant. If used oil is known to be mixed with listed hazardous waste, the level of halogenated constituents is irrelevant.
 
11/04/1992CLASSIFICATION OF F003 WASTESMemo
 Description: Xylene and acetone used to remove paint is F003, even if the waste is not ignitable. The 261.3(a)(2)(iii) mixture rule exemption does not apply to nonignitable F003 that has not yet been mixed with solid waste, and does not apply to a mixture of soil and F003 that does not exhibit a characteristic (SEE ALSO: 66 FR 27266; 5/16/01). Land disposal restrictions (LDR) treatment requirements still apply to F003 waste that has been rendered nonignitable and/or nonhazardous under 261.3(a)(2)(iii). If F003 is spilled into soil, the soil must be managed as listed waste until the state or Region determines that it no longer contains hazardous waste.
 
10/28/1992REGULATORY REQUIREMENTS PERTAINING TO THE MANAGEMENT OF WASTE SOLVENTS AND USED OILMemo
 Description: A generators may make a hazardous waste determination either by testing or by applying knowledge of the characteristics of the waste, in light of materials or process used in its generation; testing is not required. A generator must determine each waste code applicable to waste. A generator can rely on the analysis of unused mineral spirits plus knowledge of the operation to determine whether or not the resulting waste solvent exhibits any hazardous characteristic, provided he has sufficient information to make an accurate determination.
 
10/20/1992REGULATORY STATUS OF WASTE GENERATED BY MCLAUGHLIN GORMLEY KING (MGK) COMPANY IN MINNESOTAMemo
 Description: F001-F005 solvents such as toluene that are used as carriers, extractants, reaction media, etc., are listed hazardous wastes when spent and separated from the process in which they were used, but other wastes that are separated from the final product containing trace amounts of solvents picked up during the production process are not F001-F005 or listed via the mixture rule.
 
10/01/1992PERCHLOROETHYLENE USED IN DRY CLEANINGQuestion & Answer
 Description: Spent tetrachloroethylene (perchloroethylene) used in dry cleaning is classified as F002. The F001 listing is limited to solvents used in degreasing.
 
08/17/1992WASTE GENERATED DURING THE MANUFACTURE OF POLYURETHANE FOAMMemo
 Description: Wastes from the normal use or discard of toluene and polyurethane coating formulation are not F001-F005 (the solvent is used as an ingredient). If an identical formulation is used to clean a spray gun or equipment, then the resulting wastes can be F001-F005. In all cases, the waste must be evaluated for characteristics.
 
07/16/1992REGULATORY DETERMINATION - SPENT SOLVENT LISTINGS AND THE MIXTURE RULEMemo
 Description: The Shell Oil decision on the mixture rule does not affect the scope of the spent solvent listings (F001-F005). A spent solvent is not a “mixture” of solvent and its contaminants.
 
06/03/1992MIXED WASTE MANAGEMENT: NORTHWEST INTERSTATE COMPACTMemo
 Description: The chemical component of biomedical radioactive mixed wastes consists of acids and bases as well as solvents. The sample and treatability study exclusions may be used to develop the mixed waste treatment capability. There is no standard procedure for sampling non-homogeneous mixed waste (or other non-homogeneous (waste) in drums. There is currently no disposal options for scintillation cocktails contaminated with radionuclides other than tritium or carbon-14.
 
05/28/1992REGULATORY STATUS OF RECLAIMED SOLVENT FROM USED DRY CLEANING FILTERSMemo
 Description: Crushing spent dry cleaning filters before removing solvents for reclamation is exempt recycling. Storage prior to recycling may require a permit or may be subject to generator regulations of 262.34 or 261.5.
 
11/26/1991DISCARDED WASTEWATER AT A CORROSION CONTROL FACILITYMemo
 Description: Discarded wastewater containing methylene chloride at a corrosion control facility is a solid waste. There is insufficient information to determine if the waste is hazardous. Methylene chloride is listed under both F001 and F002.
 
10/29/1991TCLP EXTRACTIONS APPLIED TO LIQUID WASTES, OILS AND SOLVENT-BASED PRODUCTSMemo
 Description: Provides suggested analytical steps when inconclusive results are obtained from application of the TCLP to solvent and oily wastes. Generators may always apply their knowledge in lieu of testing. TCLP analysis is unnecessary for used oil destined for recycling.
 
09/24/1991REGULATORY STATUS OF SOLVENT-CONTAMINATED SHOP TOWELS, RAGS AND WIPERSMemo
 Description: Regions currently determine the regulatory status of solvent-contaminated shop towels, rags and wipers. The policy allows determinations to be made on a case-by-case basis that accounts for site-specific circumstances. Authorized states may be broader in scope or more stringent (SEE ALSO: RPC# 2/14/94-01).
 
09/04/1991RCRA ARAR DETERMINATION AT MAXEY FLATS SUPERFUND SITEMemo
 Description: Vials containing waste radioactive scintillation cocktails using xylene or toluene as a reaction medium are F003 and/or F005 if they meet the applicable solvent percentage thresholds (SEE ALSO: RPC# 3/1/89-04). If they are listed or characteristic, the cocktails must be managed as RCRA hazardous wastes.
 
08/30/1991RESIDUALS MATERIALS CONTAMINATED WITH TRACE SOLVENTSMemo
 Description: Discusses solvent carryover. When a metal part is cleaned using an F-listed solvent, then air dried and blasted, the blasting grit containing trace levels of the solvent is not F001-F005 or listed via the mixture rule. If the solvent was used in excessive amounts during the initial cleaning, the solvent in the grit could be F-listed.
 
07/01/1991TRUCK TRANSPORT OF WASTEWATER FOR PURPOSES OF SECTION 261.3(A)(2)(IV)(A)Question & Answer
 Description: A solvent-wastewater mixture transported to a wastewater treatment unit (WWTU) by truck qualifies for the Section 261.3(a)(2)(iv) exemption provided the WWTU is subject to Sections 402 or 307(b) of CWA, and the wastewater meets the de minimis levels specified in Section 261.3(a)(2)(iv).
 
06/10/1991VOLATILIZATION OF SOLVENTS COUNTED AS SOLVENTS USEDMemo
 Description: The solvent volume calculation for the purposes of the wastewater mixture rule exclusion must use records of solvent consumption (e.g., invoices) to establish the amount of solvent in the wastewater but may subtract solvent that does not flow into the headworks. The calculation must include solvents which volatilize during paint stripping (See 261.3(a)(2)(iv)(A) and 261.3(a)(2)(iv)(B)).
 
05/01/1991COMPARATIVE DEFINITIONS OF F001 AND F002Question & Answer
 Description: The type of degreasing determines whether tetrachloroethylene, trichloroethylene, methylene chloride, and 1,1,1-trichloroethylene receive the F001 or F002 listings. F001 applies to large-scale industrial degreasing, and F002 applies to equipment cleaning, and smaller scale degreasing operations.
 
04/02/1991CLARIFICATION OF THE APPLICABILITY OF THE OIL AND GAS EXCLUSION TO CRUDE OIL RECLAIMER WASTESMemo
 Description: Wastes derived from the treatment of exempt wastes are generally exempt. If tank bottoms are created during primary field operations, wastes from the recovery of oil from the tank bottoms are exempt. Solvent wastes from cleaning tank trucks associated with oil and gas exploration and production activities are not exempt (SEE ALSO: 58 FR 15284; 3/22/93).
 
03/25/1991DILUTION OF TEST SAMPLINGMemo
 Description: TCLP is difficult to use on wastes such as oils and neat solvents because dilution step shifts detection limits are above the toxicity characteristic levels. A generator should apply knowledge in such cases. If no information is available, it would be prudent to handle it as hazardous waste (SEE ALSO: RPC# 8/14/90-01). There is no need to run TCLP on used oil that will be recycled.
 
01/23/1991REGULATORY STATUS OF SOLVENT-CONTAMINATED RAGS AND WIPERSMemo
 Description: Until EPA has the resources to respond to a petition to exempt solvent-contaminated rags, wipers, and shop towels from the mixture rule, EPA believes the waste determination should be made by the state or region on a case-by-case basis since they are in the best position to make an evaluation.
 
11/08/1990APPLICABILITY OF THE TCLPMemo
 Description: TCLP is inappropriate for certain matrices, like oils and neat solvents. Dilution step shifts detection limits are above regulatory levels. If that is the case, the generator must assume that the waste is hazardous (SEE ALSO: RPC# 3/25/91-01). TCLP must be used to obtain the extract.
 
10/01/1990TC RULE - IMPLEMENTATIONMemo
 Description: Discusses the potential impact of the toxicity characteristic final rule on reinjection of petroleum-contaminated groundwater, solvent-contaminated chlorofluorocarbons (CFCs), automobile and appliance fluff, oil-contaminated media, and off-site crude oil reclaimers.
 
08/14/1990TCLP APPLICABILITYMemo
 Description: The use of TCLP to evaluate solid waste prior to the effective date of TCLP is valid. Addresses the use of matrix spike recovery. TCLP is difficult to apply to oily or solvent matrices. In the absence of usable data, it is safest to assume the material is a hazardous waste (SEE ALSO: RPC# 3/25/91-01).
 
06/20/1990CLARIFICATION OF SPENT SOLVENT LISTINGSMemo
 Description: If the total of all F001, F002, F004, or F005 solvents before use is 10% or more by volume, the waste from using solvent is listed and carries all applicable codes. F001-F005 codes can apply even if each F001-F005 constituent is under 10%. Trichloromethane (chloroform) is U044 or D022, not F-listed.
 
06/14/1990RCRA WASTE CLASSIFICATION OF LABORATORY STANDARDSMemo
 Description: F-listed solvent used to dissolve CCP to formulate lab standards use as an ingredient, not a solvent. Diluting or dissolving chemicals to make lab standard is not use. Discarded unused lab standards with P- or U-list chemicals are P-list or U-list hazardous waste if there is one active ingredient. The federal regulations do not require waste codes on the manifest, but the state may. If the waste is both listed and characteristic, it carries all applicable codes for land disposal restrictions (LDR) and incompatible waste.
 
06/13/1990USED OIL AND IDENTIFICATION OF LISTED HAZARDOUS WASTEMemo
 Description: F001-F005 "before use" is before use at the facility, not when purchased. If pure solvent was purchased, diluted below 10% concentration, and used as solvent, the waste is not F001-F005. Solvent before use has any amount F003 and 10% total F001, F002, F004, or F005, waste F003 and other applicable F001-F005 listings. The K list applies only to wastes from industrial sources in the listing description. In general, the primary SIC code for a facility does not dictate if the facility is within the K-list category. A commercially pure /technical grade undefined for the P- and U-lists. It can include purity grades marketed or in general use by industry. Part 266, Subpart E (SUPERSEDED: see Part 279) applied to used oil (UO) not mixed with listed hazardous waste burned for energy recovery. Characteristic UO recycled in manner other than burning for energy recovery is not subject to RCRA (SUPERSEDED: see Part 279).
 
06/01/1990THE DEFINITION OF F001-F005 WASTEWATERQuestion & Answer
 Description: The terms “solvent-water mixture,” “F001-F005 wastewater,” and “aqueous solvent waste” are equivalent for the purposes of land disposal restrictions (LDR) treatment standards for solvent wastewaters (SUPERSEDED: Section 268.2(f)(1) definition of solvent-water mixture deleted, see 61 FR 15588; April 8, 1996).
 
05/03/1990PAINT SPRAY BOOTH AIR FILTERSMemo
 Description: The process wastes such as discarded paint and paint spray booth air filters containing toluene and xylene as ingredient in paint are not F001, F002, F003, F004, or F005.
 
03/15/1990BERYL PLANT AND RAFFINATE DISCARD CLASSIFICATIONMemo
 Description: Bevill exempt beneficiation operations include crushing, grinding, solvent extraction, and stripping. Melting that resembles smelting is a processing operation. All steps following the initial processing step are considered processing operations.
 
03/01/1990TREATMENT STANDARDS FOR METHANOL WHICH DOES NOT MEET THE F003 LISTINGQuestion & Answer
 Description: A generator need not include the methanol treatment standard in the land disposal restrictions (LDR) notification for F003 waste xylene with traces of methanol used as a fuel. The use of a solvent as a reactant or ingredient is not solvent use meeting listing (SUPERSEDED: no treatment standard on notification, see new 268.7(a)(2)).
 
02/26/1990CHLOROFLUOROCARBONS (CFCS) FROM PRODUCTION OF FOAM PRODUCTSMemo
 Description: CFCs used as blowing agents in production of foam insulation products (i.e., to physically open and expand the foam cells) are not considered used as solvents and are not F001-F005 when spent (SEE ALSO: RPC# 8/22/94-01).
 
10/20/1989DISPOSAL OR RECLAMATION OF RAGSMemo
 Description: Rags contaminated with volatiles and F-listed solvents through wipe down and cleaning processes may be incinerated or laundered (SUPERSEDED: see RPC# 2/14/94-01).
 
10/20/1989RAGS AND SIMILAR MATERIALS ABSORBING VOLATILES AND F-WASTES, HANDLINGMemo
 Description: Rags contaminated with volatiles and F-listed solvents through wipe down and cleaning processes may be incinerated or laundered (SUPERSEDED: see RPC# 2/14/94-01).
 
10/01/1989CLARIFICATION OF SPENT SOLVENT LISTINGQuestion & Answer
 Description: CFC-11 (trichlorofluoromethane) used as blowing agent in the production of foam is not used for its solvent properties, and is not listed (SEE ALSO: RPC# 8/22/94-01).
 
09/28/1989OFF-SPEC COMMERCIAL CHEMICAL PRODUCTS AT BOTTLING FACILITYMemo
 Description: Product solvent that is discarded because it was contaminated with another product while being containerized is an off-specification CCP and is a P-listed or U-listed waste if the solvent is listed in 261.33. RCRA waste codes and regulations applicable to wastes do not necessarily correspond to DOT hazardous material descriptions. Wwastes are defined as hazardous under RCRA, in part, based on characteristics, such as ignitability (D001) and corrosivity (D002).
 
09/22/1989TETRACHLOROETHYLENE CONTAMINATED WITH POLYCHLORINATED BIPHENYLS (PCBS)Memo
 Description: Cleaning PCBs from a transformer with solvent containing 10% or more tetrachloroethylene (PCE) before use results in F002 listed waste. Applicable TSCA PCB regulations do not supersede the RCRA regulations. If TSCA and RCRA rules conflict, the more stringent regulations take precedence. Using solvent as dielectric is not "solvent use" triggering F001-F005 listings.
 
08/21/1989P AND U-LISTED WASTESMemo
 Description: The P-and U-listings do not apply to chemicals listed in 261.33 that have been used for their intended purpose, but waste must still be evaluated for characteristics. If an unused chemical is no longer a technical or commercially pure grade due to contamination, it can still be an off-specification species of that chemical and so still meet the applicable P or U listing when discarded. Solvent CCPs that have been used for their solvent properties may meet one of F001-F005 listings.
 
08/02/1989CHLOROFLUOROCARBONS (CFCS) AS REFRIGERANTS, RECYCLING OF SPENTMemo
 Description: Used CFC refrigerants are not hazardous waste F001 or F002 because they were not used as solvents, and are not U121 because they have been used. Such wastes are only hazardous if characteristic (SEE ALSO: 261.4(b)(12)).
 
07/28/1989TEL GASOLINE SLUDGE DISPOSALMemo
 Description: Leaded tank bottoms from the petroleum refining industry are listed hazardous waste (K052) subject to land disposal restrictions (LDR). Solvent extraction and incineration is best demonstrated available technology (BDAT) for gasoline sludge waste. A temporary variance may be granted.
 
07/21/1989ACETONE AND METHANOL CONTAMINATED WASHWATERSMemo
 Description: When toluene is used as solvent in a production process and then recovered, trace quantities of toluene found in facility's washwaters are not normally F-listed spent solvents and do not render all facility wastewaters and sludges hazardous via the mixture rule. Using pure methanol and acetone as a drying agent to extract water from a product is solvent use, and resulting wastes are F003. If a product contains only F003 solvents before use, wastes from solvent use are F003. F003 that is nonignitable when generated is still F003 until mixed with solid waste and qualifies for 261.3(a)(2)(iii) mixture rule exemption (SEE ALSO: 66 FR 27266; 5/16/01). If a tanker truck holding P- and U-listed hazardous waste is rendered empty according to 261.7 (contents removed using "reasonable" means and less than one inch or 0.3% of tanker volume remains), water from subsequent rinsing is not regulated, even if it contains traces of P- or U-listed chemicals.
 
07/10/19891,1,1-TRICHLOROETHANE CONTAINED IN A SAND-METAL-SOLVENT MIXTUREMemo
 Description: If a metal part is degreased in F001-F005 solvent and then ground with sand, the resulting metal and sand waste containing traces of solvent is not F001-F005 or listed via mixture rule. The metal and sand mixture is considered a process waste contaminated with solvent that was not "spent" (SEE ALSO: RPC# 3/1/87-03).
 
07/05/1989CHARACTERISTIC HAZARDOUS WASTE OR SOLID WASTE TREATMENT MAY CREATE A LISTED HAZARDOUS WASTEMemo
 Description: Waste derived from the treatment of waste listed solely for exhibiting a characteristic (e.g., F003) is listed unless mixed with solid waste and the mixture no longer exhibits a characteristic (SUPERSEDED: 66 FR 27266; 5/16/01; SEE ALSO RPC# 11/4/92-01). The treatment of nonhazardous or characteristic electroplating wastewater can generate a listed F006 sludge, whether treatment occurs at generator facility or off-site TSDF.
 
06/28/1989SOLVENT AND COMMERCIAL CHEMICAL PRODUCT WASTE STREAMSMemo
 Description: A listed solvent used to extract aqueous liquid from a product stream meets a listing when it is spent and removed from the process. An extracted aqueous wastestream which picked up trace amounts of solvent during extraction is not F001-F005. A chemical made in a lab instead of purchased from a commercial source is equivalent to a CCP and could be P-listed or U-listed when disposed. Diluting a CCP to make a lab standard is not "use" and excess diluted CCPs that are not analyzed can meet a P or U listing.
 
05/03/1989RECYCLING ACTIVITIESMemo
 Description: An owner of the solvent and the recycler are cogenerators of the residue that is generated from the mobile recycling unit. Generators are generally only required to notify once. If the recycler takes on generator responsibilities, he needs an EPA ID number for that particular site. The mobile recycler does not need a permit. Generators may accumulate waste for up to 90 days without interim status or a permit. A generator must comply with 265 Subparts I or J for accumulation units as well as emergency response and training provisions. Wastes residues from recycling are newly-generated wastes with a new point of generation and are allowed a 90 day accumulation period. Waste residues are derived-from wastes, and are assigned the same EPA ID number as the waste from which they are derived. Even if a facility does not have a permit, the owner must comply with the land disposal restrictions (LDR) requirements.
 
04/18/1989STILL BOTTOMS GENERATED AND REMOVED FROM A RECYCLING UNITMemo
 Description: Generators must determine their generator status based on the total amount of hazardous waste generated in a calendar month, including the amount of spent solvent generated before it is recycled (assuming solvent is subject to substantive regulation prior to entering recycling unit). The accumulation time for still bottoms produced in an on-site distillation unit begins when they are removed from the recycling unit. Still bottoms are subject to all applicable 262.34 regulations. The recycling unit is exempt from regulation. Spent solvent still bottoms removed from an exempt distillation unit carry the listing derived from the original listed solvent.
 
04/14/1989PLASTIC PACKING MEDIA FROM AIR STRIPPING TOWER TREATING CONTAMINATED GROUNDWATERMemo
 Description: Volatilization qualifies as treatment. Filter material used in the treatment of F001-contaminated groundwater is subject to regulation since media contains F001 under the contained-in policy. The derived-from rule does not apply and delisting is not needed, but media must be handled as hazardous waste until handler demonstrates that it no longer contains F001.
 
04/12/1989WASTE SOLVENT-BASED GLUEMemo
 Description: A solvent used as an ingredient is not an F001-F005 spent solvent. A waste glue with a solvent ingredient is not listed.
 
03/14/1989SUMMARY OF ASSISTANCE BRANCH PERMITTING COMMENTSMemo
 Description: Discusses an automatic waste feed shut-off design for munitions deactivation (popping) furnaces and fugitive emissions control from popping furnaces. Pits used for dewatering and open burning are surface impoundments, not miscellaneous units. EPA can use omnibus provisions to impose additional controls on open burning in surface impoundments. Waste explosives that do not have the potential to detonate cannot be destroyed in open burning/open detonation (OB/OD) units. Solvents contaminated with explosives that have the potential to detonate can be open burned. Because open burning/open detonation (OB/OD) of waste explosives is treatment, not disposal, the land disposal restrictions (LDR) do not apply. Treatment residues may be subject to LDR. Clarifies when the disposal of explosives requires a permit and when unused explosives become wastes (SEE ALSO: 62 FR 6622; 2/12/97). Burning commercial fuel in fire training exercises is not regulated under RCRA. Discusses methods of determining soil background levels for the clean closure of surface impoundments and waste piles, circumstances in which the unit type can be redesignated during interim status, cleanup standards for corrective action, compliance points for soil and groundwater cleanup, timing of corrective action cleanup activities and site monitoring, termination of groundwater corrective action, the use of institutional controls, the use of trial burn data from one facility at other incinerators, the evaluation of trial burn plans for popping furnaces, and the use of in-place hydraulic conductivity testing during liner installation for surface impoundments and landfills. A landfill’s clay layer component of the final cover must be completely below the average frost depth. Addresses the use of natural material (calcium carbonate) and cement kiln dust in waste stabilization, the use of the RCRA corrective action plan (CAP) in HSWA permit preparation, the use of the 261.4(f)(2) authority to implement Subpart X standards in RCRA authorized states, and the permitting deadlines for Subpart X facilities.
 
03/13/1989APPLICABILITY OF PERMITTING REQUIREMENTS TO SOLVENT RECYCLERSMemo
 Description: The direct transfer of solvents from transportation tanks into distillation equipment does not require a storage permit.
 
03/09/1989SOLVENT-WASTEWATER MIXTURE RULE EXEMPTIONMemo
 Description: It is unclear whether the mixture exemptions in 261.3(a)(2)(iv) apply to intentional discharges of segregated spent solvents to storm sewers. EPA does not encourage the intentional disposal of solvent wastes into storm sewer, even if all elements of exemption are met.
 
03/01/1989DEFINITION OF SPENT SOLVENT Question & Answer
 Description: Cutting oil containing 80 percent 1,1,1-trichloroethane, before use, is not F002 when spent. 1,1,1-trichloroethane is used as an ingredient, which is not a use covered by the F001-F005 spent solvent listings.
 
03/01/1989MIXED WASTE AND LAND BANQuestion & Answer
 Description: First third wastes mixed with radioactive wastes are not subject to the land disposal restrictions (LDR) until third third’s effective date. California list solvent and dioxin wastes mixed with radioactive wastes are subject to LDR (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97). Mixed waste is not subject to LDR in an authorized state that is not authorized to regulate mixed waste.
 
03/01/1989SPENT SOLVENTS IN SCINTILLATION COCKTAILSQuestion & Answer
 Description: Xylene in scintillation cocktails is used as a reaction medium. A used scintillation cocktail meets the F003 listing when spent. Explains the use of scintillation cocktails.
 
02/22/1989REGULATORY STATUS OF SOLVENT, “ULTIMA-GOLD”Memo
 Description: Unused solvent is only subject to regulation as a discarded material when abandoned (i.e., disposed or incinerated) or recycled by being burned for energy. A CCP that is abandoned is a solid waste, while a CCP being reclaimed is not a solid waste. The transportation and sale of unused solvent, Ultima-Gold, is not subject to Subtitle C because it is a product rather than a discarded material. The material safety data sheet for solvent product "Ultima-Gold" indicates potential to be corrosive (D002) and reactive (D003). The product "Ultima-Gold" does not exhibit ignitability (D001) or extraction procedure (EP) toxicity (SUPERSEDED: See 261.24). A product solvent only meets P-listing or U-listing if the chemical on the P-list or U-list serves as the product's sole active ingredient.
 
12/06/1988SOLVENT-CONTAMINATED WASTESTREAMS FROM A PHARMACEUTICAL MANUFACTURER; SOLVENT-CONTAMINATED WASTESTREAMS FROM PHARMACEUTICAL MANUFACTURERMemo
 Description: F001-F005 solvents used as carriers, extractants, etc. are listed hazardous waste when separated from the process in which they were used, but other wastestreams (extracted wastewaters, etc.) that picked up trace solvents during process (carryover) are not F001-F005 or listed via mixture rule once separated from process. Rinsewaters with solvent from equipment rinsing are not listed solvents. Solvents used as ingredients or reactants incorporated into products are not used as solvents and do not trigger F listings.
 
12/01/1988LAND DISPOSAL RESTRICTIONS: SOILS AND DEBRIS FROM RCRA CORRECTIVE ACTIONQuestion & Answer
 Description: All soil and debris contaminated with first third waste with incineration as a treatment standard qualify for a capacity variance. A variance for solvent, dioxin, or California-listed contaminated soil and debris is applied to waste generated by a CERCLA response action or a RCRA corrective action (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
11/21/1988CLARIFICATION REGARDING THE SCOPE OF THE EXEMPTION FOR LARGE VOLUMES OF WASTES GENERATED AT EXPLORATION AND PRODUCTION FACILITIESMemo
 Description: Acidic wastewater, field waste liquids, waste cement, waste lubricants, hydraulic fluids, motor oil and paint, waste solvents from equipment maintenance, and waste from truck cleaning operations are not exempt oil and gas wastes.
 
09/01/1988STILL BOTTOM WASTE GENERATED DURING THE PRODUCTION OF POLYSTYRENEMemo
 Description: Toluene used as a carrier or diluent during the production of polystyrene is used as a solvent. Still bottoms from the recovery of spent toluene are F005, even if they are generated in a closed-loop recycling process.
 
07/28/1988PAINT FILTERS, USEDMemo
 Description: Filters from paint spray booths are not listed hazardous waste, although they may exhibit characteristics (does not address filters capturing solvents used to clean booths). if F001-F005 solvent is used to clean paint-laden filter, the resulting solution of paint and thinner is a listed hazardous waste.
 
07/27/1988EXEMPTION FOR COMMERCIAL CHEMICAL PRODUCTS BURNED FOR ENERGY RECOVERYMemo
 Description: Reclaimed solvent used as a commercial gun wash solvent is not a solid waste. Reclaimed solvent burned as a fuel is a solid waste. Off-specification solvent products burned for energy recovery in lieu of the intended purpose could be excluded under 261.2(c)(2)(ii) if they are themselves fuels.
 
07/21/1988CHLOROFLUOROCARBON RECYCLINGMemo
 Description: Used refrigerants meet the definition of a spent material. Used CFC refrigerant is not F-listed spent solvent but may exhibit a characteristic. Used refrigerant is not U121 or U075 because it has been used. The P-listings and U-listings do not apply to used chemicals. Cylinders containing used refrigerants to be reclaimed are solid waste (SW). Generators may use knowledge of similar operations at different facilities to characterize waste (SEE ALSO: 261.4(b)(12)). An owner of refrigeration equipment and a company or individual performing servicing may be generators of used refrigerant waste (i.e., cogenerators).
 
06/09/1988SUBSTITUTION OF EXTRACTION SOLVENTS FOR METHYLENE CHLORIDEMemo
 Description: Methylene chloride is the only solvent able to satisfactorily extract semivolatile organic compounds for Method 3510.
 
05/18/1988THERMAL TREATMENT UNITS, SCOPE OF SUBPART XMemo
 Description: Subpart X covers units that are not regulated under 264 Subpart I - O or Part 146. The open burning or detonation of explosives is not land disposal except where residues remain hazardous. The open burning of solvents is prohibited.
 
05/05/1988PAINTS CONTAINING SOLVENTSMemo
 Description: Wastes containing solvents that were used as reactants or ingredients in CCPs are not F-listed hazardous waste. Paints that contain F001-F005 solvents as ingredients are not F-listed when discarded.
 
04/20/1988GENERATOR COUNTING REQUIREMENT FOR SOLVENT STILLSMemo
 Description: If a generator reclaims hazardous waste spent solvent but does not store it prior to reclamation, only still bottoms are counted toward the generator category determination. If a generator stores a spent solvent before reclamation, the spent solvent is counted, but still bottoms are not.
 
04/14/1988APPLICABILITY OF SOLVENT AND ELECTROPLATING LISTINGSMemo
 Description: Discarded paint, residues (scrubber water) with a solvent ingredient are not F-listed, but may be characteristic. Paint stripper is a solvent use. A sludge from metal cleaning wastewater associated with electroplating is F006. Routine cleaning, stripping not normally associated with electroplating. The purpose of cleaning, not the location, determines if associated. Metal stripping is part of electroplating. Stripped paint waste listed solely for a characteristic (F003) mixed with a solid waste is hazardous only if it is characteristic (SEE ALSO: 66 FR 27266; 5/16/01). Discussion of mixture rule wastewater exclusions (SEE: 261.3(a)(2)(iv)). F007-F009 are for cyanide electroplating solutions or where cyanides are used in the process. A spent stripping bath itself might also be F001-F005. The scale and size of aluminum chemical conversion coating operation does not affect F019.
 
04/01/1988DILUTION OF LAND DISPOSAL RESTRICTED WASTEQuestion & Answer
 Description: The dilution prohibition does not affect other regulatory provisions which may allow dilution. The mixing of F003 with a nonhazardous wastes in order to render it nonhazardous is a legitimate treatment. The dilution prohibition does not allow mixing as a substitute for adequate treatment (SEE ALSO: 57 FR 37210; 8/18/92).
 
04/01/1988HAZARDOUS WASTE I.D.Question & Answer
 Description: Groundwater contaminated with F001-F005 solvents is subject to Subtitle C because it contains a listed waste per the contained-in policy. If the groundwater is treated such that it no longer contains a hazardous waste, or the solvents in the groundwater are delisted, it is no longer subject to Subtitle C (SEE ALSO: 61 FR 18779; 4/29/96; 66 FR 27266; 5/16/01).
 
04/01/1988SPENT SOLVENT LISTINGSQuestion & Answer
 Description: Cutting oil containing, before use, 80 percent 1,1,1-trichloroethane and 20 percent lubricating oil is F002 when spent because 1,1,1-trichloroethane is used a a diluent for mobilizing constituents in lubricating oil (SUPERSEDED: See RPC# 3/1/89-02).
 
03/31/1988SOLVENT/MIXTURE BLENDSMemo
 Description: If a product solvent has less than 10% total of listed solvents (F001, F002, F004, or F005), it is not a listed hazardous waste after use. It could be F003 or characteristic.
 
03/24/1988REGULATORY STATUS OF ECOSCINT A AND ECOSCINT OMemo
 Description: Liquid scintillation cocktails Ecoscint A and O are not listed, EP (extraction procedure) toxic (SUPERSEDED: See 261.24) or ignitable (D001), but data provided are not sufficient to make corrosivity (D002) or reactivity (D003) determination (SEE ALSO: RPC# 3/1/89-04). The generator is responsible for the hazardous waste determination.
 
03/10/1988REGULATORY STATUS OF RECYCLED SOLVENT PRODUCTMemo
 Description: A determination of the status of a recycled product solvent is facility-specific and can be more appropriately addressed by the region or state implementing agency.
 
03/08/1988PROCESS WASTEWATER FROM METAL DEGREASING OPERATIONSMemo
 Description: Solvent-contaminated water in a rinse tank is a process waste, not a spent solvent, and is hazardous only if it exhibits a hazardous characteristic. Includes a comparison of the mixture rule exemption for solvent-water and the land disposal national capacity variance for wastes with less than 1% F001-F005 solvents.
 
02/22/1988WASTES CONTAINING F001-F005 CONSTITUENTSMemo
 Description: A mixture with hazardous waste (HW) that is listed solely for a characteristic is not HW if the mixture is not characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). A mixture of F001, D001 carries all applicable codes. A listed solvent constituent in a wastestream does not automatically render a waste HW. It is HW only if it meets the F001-F005 descriptions. If it is HW, it is subject to the land disposal restrictions (LDR). If a transporter mixes wastes of different DOT shipping descriptions, the transporter becomes the generator of new waste.
 
02/11/1988SPENT PIPELINE FILTER CARTRIDGESMemo
 Description: If F-listed solvents pass through a pipeline and filter cartridge, the spent filter is listed via the derived-from rule until or unless it is delisted (SEE ALSO: 66 FR 27266; 5/16/01). If the filter contains a discarded P- or U-listed CCP solvent, the filter is listed until it no longer contains hazardous constituents.
 
02/11/1988STILL BOTTOM WASTE GENERATED BY A POLYSTYRENE PRODUCTION FACILITYMemo
 Description: Using toluene as a feedstock in a product or as a "chain transfer agent" (as a reactant controlling the rate of a reaction that is partially consumed in the process) is not a solvent use. Excess toluene recovered from such operations is not F005.
 
02/01/1988LAND DISPOSAL RESTRICTIONSQuestion & Answer
 Description: SQG solvent and dioxin wastes were not granted a two year variance on the effective date of the land disposal restrictions (LDR) for placement of those wastes in Class I underground injection control (UIC) SDWA wells. The extension of the effective date for solvents wastes with less than one percent (1%) total solvent constituents applied to all generators, including SQGs.
 
01/13/1988LIQUID SCINTILLATION COCKTAIL SOLUTION PRODUCT, READY SAFEMemo
 Description: The liquid scintillation cocktail product, Ready Safe, is not a listed hazardous waste and does not appear to exhibit any characteristics (SEE ALSO: RPC# 3/1/89-04). Radioactivity is not presently a hazardous waste characteristic or listing criterion.
 
01/04/1988TOLUENE-CONTAINING PAINT PRODUCTS FROM WOOD PIECES, REGULATORY STATUSMemo
 Description: The spent solvent listings do not apply to solvent-containing production wastes, including ingredient solvent in paint skimmings from paint spray booth overspray.
 
01/01/1988DEFINITION OF USED OILQuestion & Answer
 Description: Used oil is oil contaminated through use that has been used as a lubricant or a hydraulic or heat transfer fluid. Petroleum distillates used as cleaning agents or for solvent properties are not used oil. Used oil need not be solid waste under 261.2 to be regulated because the authority to regulate it comes from RCRA 3014.
 
12/16/1987IRON CAKE WASTE GENERATED DURING THE PRODUCTION OF METHYLDOPAMemo
 Description: Toluene used as a carrier in a manufacturing process is used as a solvent and receives an F-listing after it is spent and separated from the product. However, when iron filter cake containing trace toluene levels is separated from the product, the solvent on the cake (carryover) is not F-listed and does not render the cake listed via the mixture rule.
 
12/15/1987F005 LISTING FOR PYRIDINE STILL BOTTOMSMemo
 Description: Still bottoms from the reclamation of pyridine meet the F005 listing.
 
12/09/1987CLARIFICATION OF SMALL QUANTITY GENERATOR REGULATIONSMemo
 Description: Generators who treat or reclaim solvent waste on site do not need to count distillation bottoms if the original waste has already been counted once. CESQGs may treat, store, or dispose waste on site or off site if they meet 261.5(g)(3). Recycling facilities may accept CESQG waste.
 
12/01/1987MIXTURE RULE - DISCHARGES TO WASTEWATERQuestion & Answer
 Description: Incidental spills of virgin solvent at a manufacturing site that are collected and discharged to a wastewater treatment unit (WWTU) are exempt from the mixture rule as de minimis losses of commercial chemical products (CCP) (261.3(a)(2)(iv)(D)), not as spent solvents.
 
12/01/1987WASTE CLASSIFICATIONQuestion & Answer
 Description: Waste perchloroethylene from hotel dry cleaning is an exempt household waste if the hotel cleans only its customers’ clothing (SUPERSEDED: See RPC# 3/1/95-03).
 
11/18/1987TCLP IN THE LAND DISPOSAL RESTRICTIONS PROGRAM AND HAZARDOUS WASTE IDENTIFICATION PROGRAMMemo
 Description: TCLP was created for the land disposal restrictions (LDR) program for testing for solvents and dioxins, and for the toxicity characteristic.
 
10/26/1987REACTOR VESSEL WASHOUT CONTAINING TRACE AMOUNTS OF SOLVENTMemo
 Description: Reactor vessel washout containing residues of solvent (acetone, ethyl acetate, and xylene) and fragrance oils is not F003, but is process wastewater contaminated with solvent constituents. If the wastewater is ignitable, it is regulated as D001 until it is no longer characteristic.
 
10/26/1987SOLVENT-CONTAMINATED WASTEWATER FROM FRAGRANCE MANUFACTUREMemo
 Description: Oil and trace solvents that remain in a reactor vessel following washing with acetone, ethyl acetate, and xylene do not meet the spent solvent definition. Subsequent soap and water washout is process wastewater containing solvent constituents that can be ignitable (D001) but is not F003 via the mixture rule. Residues generated from treating a D001 ignitable waste remain hazardous as long as they exhibit a characteristic.
 
10/09/1987FILTER CAKE WASTE CONTAINING SOLVENT USED TO SOLUBILIZE PRODUCTMemo
 Description: Filter cake waste generated in the production of methyldopa is not F005. EVEN IF TOLUENE IS USED FOR ITS SOLVENT PROPERTIES, if the solvent is not spent, the iron cake is a process waste contaminated with solvent, not a listed solvent waste.
 
09/15/1987INK FORMULATION WASTES AS BOTH K086 AND F001-005 WASTESMemo
 Description: Wastes from ink formulation may meet both the K086 and F001-F002 spent solvent listing. If the solvent does not meet the before-use percentage criterion, the waste is K086 only.
 
09/01/1987LAND DISPOSAL RESTRICTIONS - HALOGENATED ORGANIC CARBONS (HOCS)Question & Answer
 Description: California List halogenated organic compound (HOC) wastes that are also F001-F005 wastes are subject to more specific solvent treatment standards and effective dates. Wastes containing constituents with different treatment standards are subject to both standards on their respective effective dates (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
09/01/1987STILL BOTTOM WASTE FROM POLYSTYRENE PRODUCTIONMemo
 Description: Diluent (carrier solubilizing process feedstocks or reactant ingredients) is a solvent use for F001-F005 (SUPERSEDED: see RPC# 2/11/88-02). Excess toluene recovered from Chevron's process is a F005 diluent. Secondary materials in a closed-loop reclamation process are exempt. Still bottoms and other wastes formed in the reclamation process are solid wastes.
 
08/25/1987CAUSTIC RINSING METAL PARTSMemo
 Description: Small amounts of solvent (trichloroethylene) carried over (carryover) on metal parts from solvent degreasing do not meet the solvent listings. Caustic rinsewater containing solvent carryover is not a hazardous waste if it does not exhibit a characteristic.
 
08/19/1987SCINTILLATION COCKTAIL, REGULATION OF LIQUIDMemo
 Description: The liquid scintillation cocktail, Scintiverse BD, is not a listed hazardous waste, but might exhibit a characteristic (SEE ALSO: RPC# 3/1/89-04). Each generator is responsible for making a hazardous waste determination per 262.11.
 
08/17/1987MIXTURE OF F003 AND A SOLID WASTE AND DELISTING REQUIREMENTSMemo
 Description: Still bottoms from methanol recovery are F003, and are regulated hazardous wastes at the source of generation. If still bottoms are mixed with a solid waste and the mixture does not exhibit a characteristic (SEE ALSO: 66 FR 27266; 5/16/01), it is not a hazardous waste via the 261.3(a)(2)(iii) exemption from the mixture rule for wastes listed solely for exhibiting a characteristic (SEE ALSO: 268.3).
 
08/17/1987TOLUENE AS A DILUENT OR CARRIER AND THE SCOPE OF THE F005 LISTINGMemo
 Description: Toluene added as a diluent and carrier in Chevron’s polystyrene production process is used as solvent. Waste (still bottoms) from a recovery tower is F005. Still bottoms from solvent recovery generated in a closed-loop recycling unit can be listed wastes.
 
08/10/1987LAND DISPOSAL PROHIBITION RULE FOR SOLVENTSMemo
 Description: Only the initial generator can determine that a waste with less than 1% F001-F005 solvents is subject to a national capacity variance. Treatment facilities must treat residues to meet the applicable treatment standard and must complete land disposal restrictions (LDR) notification. The generator, not the treater, must determine if the waste is prohibited. The treater can apply for a case-by-case extension.
 
08/07/1987RINSE WATERS CONTAINING TCE SOLVENTMemo
 Description: Small amounts of solvent (trichloroethylene) carried over (carryover) on metal parts from solvent degreasing do not meet the solvent F-listings. Caustic rinsewater containing solvent carryover is not a hazardous waste if it does not exhibit a characteristic.
 
07/22/1987FIRE TRAINING PITS, REGULATORY REQUIREMENTS FORMemo
 Description: Open pit burning of commercial fuels (kerosene, gasoline, jet fuel) for a fire training exercise is product use. Open burning (except waste explosive detonation) of other chemicals (used oil, spent solvents) that are not commercial fuels needs a permit or interim status. If a listed waste burned in an unlined pit seeps into the soil, the soil is regulated as hazardous until the waste is removed under the contained-in policy. If the original waste was not listed, the soil can still be hazardous waste if it is characteristic (SEE ALSO: 61 FR 18779; 4/29/96).
 
07/21/1987F003 10% RULE AND ASSOCIATED REGULATIONSMemo
 Description: Discarded, used paint thinner that is 80% xylene, 9% toluene, and 11% glycol ethers before use is ignitable (D001) not F003, F005. Ignitable solvent rags are not subject to the land disposal restrictions (LDR) until third third (SEE ALSO: 55 FR 22520; 6/1/90 and RPC# 2/14/94-01).
 
07/16/1987NON-APPLICABILITY OF THE LESS-THAN-1% EXTENSION TO TREATMENT RESIDUALSMemo
 Description: A national capacity variance for wastes containing less than 1% total solvent constituents does not apply to residuals from the recovery of a restricted waste, but rather to the initial generator of waste before treatment. Treatment residues must meet the applicable land disposal restrictions (LDR) treatment standards.
 
06/26/1987SLUDGE CONTAINING 1,1,1-TRICHLOROETHANE (TCE)Memo
 Description: Solvent wastes placed in storage or land disposed prior to the effective date of the land disposal restrictions (LDR) become subject to LDR when they are removed from storage or taken out of the land, unless they are subject to a variance or meet the applicable treatment standard.
 
06/22/1987STATUS OF WASTES LISTED SOLELY FOR A CHARACTERISTIC UNDER THE MIXTURE RULEMemo
 Description: F003 distillation still bottoms are hazardous waste via the derived-from rule, regardless of characteristics (SUPERSEDED: 66 FR 27266; 5/16/01). F003 is no longer listed if it is mixed with a solid waste and is not characteristic. The mixture rule does not specify what kind of solid waste can be mixed with it (SEE ALSO: 268.3).
 
06/17/1987METHANOL RECOVERY SYSTEM - CLARIFICATION OF WASTE STATUSMemo
 Description: Volatilized methanol from a pharmaceutical production is not solid waste. Once it is condensed in carbon, the methanol and carbon are F003 (contained gas) (SUPERSEDED: see 56 FR 7200; 2/21/91). The removal of F003 from the carbon is exempt recycling.
 
05/20/1987PAINT WASTES AND THE SPENT SOLVENT LISTINGSMemo
 Description: Paint or paint sludge waste from a painting operation where paint has been thinned with waste xylene is not F003. Spent xylene used to clean spray guns is F003. A mixture of F003 and paint sludge produces F003 waste via the mixture rule (SEE ALSO: 66 FR 27266; 5/16/01). Sludge from the treatment of F003 remains F003, even if it no longer contains a solvent. Sludge may be land disposed if it meets treatment standards.
 
05/20/1987SOLVENT LISTINGS AND LAND DISPOSAL RESTRICTIONSMemo
 Description: Discusses determining if solvent contaminated rags or wipers are listed hazardous waste (SUPERSEDED: RPC# 2/14/94-01). Product paint with a solvent ingredient is not listed, even if the solvent is added as a thinner after purchase. The addition of product solvent by the user is not solvent use. Listed solvents from ink formulation are both K086 and the appropriate F001-F005 when discarded. Lab solvents used as solvents are listed when spent. Technical grade F003 solvent can be F003 when spent. A solvent containing (before use) less than the technical grade of F003 and less than 10% F001, F002, F004, F005 is not listed.
 
04/30/1987LABORATORY SAMPLE EXCLUSION APPLICABILITY TO SAMPLES AND WASTES FROM LABORATORY ANALYSIS - DIOXINMemo
 Description: The 261.4(d) exclusion for lab samples allows a laboratory to transport a sample back to the sample collector. Associated wastes generated during analysis (e.g., lab solvents or protective gear) are not excluded. Materials which contain listed waste must be managed as hazardous waste until they are decontaminated. Rinsate generated while decontaminating materials that contain acute hazardous waste are acute hazardous waste via the contained-in policy (SEE ALSO: 61 FR 18779; 4/29/96).
 
04/30/1987MIXTURE RULE CALCULATION - INCLUDING VOLATILIZED SOLVENTMemo
 Description: Once discharged to wastewater, the volume of discharged waste must be included in the weekly calculation for the 261.3(a)(2)(iv) mixture rule exemption levels for de minimis volumes of solvents. The calculation includes discharged solvents that later volatilize. The calculation does not include any solvents that are not disposed to wastewater.
 
04/27/1987RESIDUALS FROM TREATMENT OF RESTRICTED WASTES NOT COVERED BY LESS-THAN-1% SOLVENT EXTENSIONMemo
 Description: Solvent contaminated rags are subject to the national capacity variance for F001-F005 solvent-containing sludges, solids, soils, and solvent-waste mixtures containing less than one percent of F-listed solvent constituents (SEE ALSO: RPC# 2/14/94-01).
 
04/17/1987CLEAN SOLVENT FROM RECYCLED SOLVENT-CONTAINING WASTE - STILL BOTTOMSMemo
 Description: Clean solvent from a recovery process that is beneficially used is not a solid waste and is not subject to the land disposal restrictions (LDR). Still bottoms from solvent recovery are F-listed in 261.31 and are subject to Part 268.
 
04/15/1987SMALL QUANITITY GENERATOR INTERPRETATIONSMemo
 Description: A generator must count still the bottoms if the solvent is directly recycled without any storage. Recycled solvents are only counted once.
 
04/15/1987SPENT AND RECLAIMED SOLVENTS, BLENDING OF RECLAIMED XYLENEMemo
 Description: Blending recycled solvents to produce marketable solvent is not regulated. A solvent and chemical mixture from a blending error that is sold as a fuel becomes a solid and hazardous waste when it is determined that it is not suitable for solvent use. Hazardous waste fuel blending tanks are regulated.
 
04/14/1987SOLVENT LISTINGS FOR PAINT WASTES/REMOVER AND SPILL RESIDUEMemo
 Description: Outdated virgin paint remover is not F-listed solvent because it has not been used. Used paint stripper may be an F-listed solvent, depending on the before-use concentration of F001-F005 constituents. A spent paint waste formulation is not an F-listed solvent. Tpe proper classification of spill residue containing 1,1,1- trichloroethane requires knowledge of the chemical prior to spilling.
 
04/01/1987APPLICABILITY OF THE LAND DISPOSAL RESTRICTIONS TO CERCLA WASTESQuestion & Answer
 Description: The two-year national capacity variance for F001-F005 wastes from CERCLA response actions applies only to wastes generated pursuant to CERCLA 104 or 106 response actions and RCRA corrective actions, and does not apply to wastes from private party response actions.
 
04/01/1987SOLVENT DRIPPINGS FROM DEGREASING OPERATIONSQuestion & Answer
 Description: Solvent remaining on a metal part after degreasing (carryover) is not F001. A mixture of solvent, grinding sand, and metal flakes from a cooling system is hazardous only if it is characteristic (SEE ALSO: RPC# 3/1/87-03 ).
 
04/01/1987STORAGE PRIOR TO RECYCLINGQuestion & Answer
 Description: A recycling facility that holds waste in a receiving bin (tank) when a distillation unit is not operating is subject to storage standards. A recycler who uses a receiving bin to convey solvent to a distillation unit is not subject to storage standards provided the tank never holds waste when the unit is not in operation.
 
03/11/1987SCINTILLATION COUNTING COCKTAILMemo
 Description: The liquid scintillation cocktail, Bio-Safe II, does not appear to be a hazardous waste, provided that it is not reactive (D003) or corrosive (D002), since it is not ignitable (D001) and does not exhibit the toxicity characteristic (D018-D043). Neither scintillation cocktails, nor lab wastes in general, are listed (SEE ALSO: RPC# 3/1/89-04). Hazardous waste identification is the generator's responsibility.
 
03/06/1987DRYCLEANING INDUSTRY WASTESMemo
 Description: Perchloroethylene (PCE) condensed and recovered during fabric drying in a dry cleaning machine is a process waste, not an F-listed solvent. It is hazardous only if it is characteristic. PCE condensate from distillation or spent filter cartridge steam stripping is hazardous because it is derived from F002.
 
03/03/1987REGULATORY STATUS OF PRODUCTS ECOLISTE AND ECOLUMEMemo
 Description: While scintillation cocktail products EcoLite and EcoLume are not listed hazardous waste and do not appear to be characteristic, the generator is responsible for the determination (SEE ALSO: RPC# 3/1/89-04). Radioactive materials are not specifically listed or characteristic.
 
03/01/1987GENERATION AND RECYCLINGQuestion & Answer
 Description: Recycling is a form of treatment. Recycling residues (still bottoms) are eligible for 262.34, including satellite accumulation. Still bottoms are not counted toward monthly generator determination if the spent solvents were already counted. The treatment activity is another distinct point of generation.
 
03/01/1987SOLVENT DRIPPINGS FOR DEGREASING OPERATIONS (REPEATED IN APRIL 1987)Question & Answer
 Description: Solvent remaining on a metal part after degreasing (carryover) is not F001. A mixture of solvent, grinding sand, and metal flakes from a cooling system is hazardous only if it is characteristic (SEE ALSO: RPC# 4/1/87-02) (Repeated in April 1987).
 
03/01/1987SOLVENT MIXTURE RULEQuestion & Answer
 Description: Discusses the applicability of the solvent mixture rule to F003. Wastes that meet both the F003 and F005 listings must receive both waste codes on the manifest and on generator notification. A technical or commercial grade xylene solution meets the F003 listing.
 
02/19/1987PROCESS WASTES CONTAINING INKS, PAINTS, AND ADHESIVESMemo
 Description: Waste paint, ink, and adhesive are not listed. These are hazardous only if characteristic. Products with ingredient or added solvent not are not listed solvents. A mixture of a listed solvent and a product destined for discard are F-listed via the mixture rule (SEE ALSO: 66 FR 27266; 5/16/01).
 
02/05/1987APPLICABILITY OF LAND DISPOSAL RESTRICTIONS (LDR) TO PAINT SLUDGE WASTES Memo
 Description: Paint sludge waste from a water-wall paint spray booth is a manufacturing process waste, not an F-listed solvent.
 
02/02/1987STILL BOTTOMS FROM LISTED SOLVENT RECLAMATIONMemo
 Description: Still bottoms from F003 may be delisted pursuant to 260.20 and 260.22. If F003 is mixed with another solid waste and no longer exhibits a characteristic, it is no longer considered hazardous (SEE ALSO: current 261.3(a)(2)(iii); 66 FR 27266; 5/16/01).
 
02/01/1987SMALL QUANTITY GENERATOR DETERMINATIONQuestion & Answer
 Description: A recycler who receives spent F005 solvents from off site must count both the still bottoms from solvent reclamation and the reclaimed solvent that is burned for energy recovery toward the monthly quantity determination. Reclaimed solvent used for solvent properties is not counted because it is beneficially reused.
 
01/27/1987MIXTURES OF SOLID AND HAZARDOUS WASTESMemo
 Description: A mixture of solid waste and waste listed solely for a characteristic (F003) is no longer listed hazardous waste if it does not exhibit characteristics. Such listed waste remains listed before mixing even if it exhibits no characteristics as generated (SEE ALSO: 268.3; 66 FR 27266; 5/16/01).
 
01/27/1987SOLVENTS USED AS COOLANTS AND APPLICABILITY OF SOLVENT LISTINGSMemo
 Description: Spent coolant with 1,1,1,-trichloroethane (111-TCE) as an ingredient is not listed if it is not commingled with 111-TCE used in degreasing (F001). Coolant is only a hazardous waste if it is characteristic. Future changes to the toxicity characteristic might address TCE (SEE ALSO 55 FR 11862; 3/29/90).
 
01/20/1987LAND DISPOSAL RESTRICTIONS CLARIFICATIONSMemo
 Description: Discusses a national capacity variance for solvents, dioxins, soils, and media from RCRA and CERCLA cleanups, an exemption for solvents from SQGs, and the land disposal restrictions (LDR) storage prohibition. Ash derived from the incineration of F003 remains listed (SEE ALSO: 66 FR 27266; 5/16/01). F003 mixed with solid waste is no longer hazardous if it is not characteristic via the mixture rule (SUPERSEDED: See 268.3). If the origin is not known, wastes with F001-F005 constituents are considered listed (SUPERSEDED: See 55 FR 8758; 3/8/90).
 
01/13/1987LAND DISPOSAL RESTRICTIONS FOR SOLVENTS AND DIOXINS, EXEMPTIONS TOMemo
 Description: The land disposal restrictions (LDR) treatment standards for solvents are set at concentration levels, and incineration is not mandatory. Facilities may not have to meet the standards if they are subject to a national capacity variance for wastes with less than 1% F001-F005 solvents, are SQGs, or are granted a no-migration variance.
 
01/12/1987SOLVENT-BEARING WASTEWATER, SLUDGE, AND BRINE TREATED AND STORED IN SURFACE IMPOUNDMENTSMemo
 Description: Wastewaters and sludges with less than 1% total F001-F005 solvents are subject to the land disposal restrictions (LDR) national capacity variance and can be stored or treated in surface impoundments that meet minimum technical requirements (MTR). After the effective date, waste must be treated to meet the treatment standard, disposed pursuant to the case-by-case extension, or managed in a unit with a surface impoundment exemption.
 
12/30/1986SAMPLING PLAN FOR DELISTING PETITION ADDRESSING HSWA REQUIREMENTS FOR ANALYZING FOR APPENDIX VIII COMPOUNDSMemo
 Description: Addresses sampling parameters in delisting petitions. If the amount of oil and grease in sludge exceeds one percent, the Oily Waste Extraction Procedure (OWEP) should be used. OWEP uses a dual solvent extraction instead of a dilute acetic acid solution which is used in the extraction procedure (EP) (SEE ALSO: 261.24).
 
12/30/1986TECHNICAL SUPPORT DOCUMENT FOR BDATMemo
 Description: The treatment standards for spent solvents do not require the use of a particular technology. The best demonstrated available technology (BDAT) background document for F001-F005 spent solvents provides information on the applicable technologies used to meet land disposal restrictions (LDR) standards and serves as a basis for decisions of treatment variances.
 
12/11/1986DRY CLEANING CARTRIDGE FILTERS, DISPOSAL OFMemo
 Description: Valclene or trichlorotrifluoroethane that is used in dry cleaning operations is F002. SQGs generating certain spent solvents qualify for a two-year national capacity variance until 11/8/88. CESQGs are not subject to land disposal restrictions (LDR).
 
12/05/1986SOLVENTS USED AS REACTANT AND SOLVENT WASTES GENERATED BY A PRODUCTION PROCESSMemo
 Description: Process waste containing xylene used as a reactant in the formulation of sodium xylenesulfonate CCP is not F003. Still bottoms from the distillation of excess reactant xylene are not F003. Spent xylene and still bottoms from xylene recovery are not U239. Characteristic still bottoms are not subject to the F001-F005 treatment standards promulgated in the solvents and dioxins rule (51 FR 40638; 11/7/86).
 
12/05/1986SOLVENTS USED AS REACTANT NOT LISTED AS SPENT SOLVENT OR COMMERCIAL CHEMICAL PRODUCTMemo
 Description: Process waste containing xylene used as a reactant in the formulation of sodium xylenesulfonate CCP is not F003. Still bottoms from the distillation of excess reactant xylene are not F003. Spent xylene and still bottoms from xylene recovery are not U239.
 
12/02/1986SOLVENT RECLAMATION OPERATIONS AT SEMICONDUCTOR FIRMS AND APPLICABLE REGULATIONSMemo
 Description: Spent solvent reclamation at a generator facility is exempt treatment. The spent solvent is subject to regulation prior to reclamation. Generators managing spent solvents under 262.34 prior to reclamation are not subject to permitting.
 
12/01/1986DILUTION OF F003 WASTESQuestion & Answer
 Description: If an F003 listed waste is mixed with a solid waste such that it no longer exhibits a characteristic, it is no longer subject to RCRA or the land disposal restrictions (LDR) (SUPERSEDED: SEE 57 FR 37210; 8/18/92 and 61 FR 15662; 4/8/96).
 
12/01/1986LAND DISPOSAL RESTRICTIONS - BDAT FOR WASTEWATERQuestion & Answer
 Description: Wastewaters are defined as solvent-water mixtures containing a total organic carbon of one percent or less (SUPERSEDED: See 268.2(f)(1)).
 
12/01/1986LAND DISPOSAL RESTRICTIONS - VARIANCES TO BANQuestion & Answer
 Description: A discussion of the effective dates for solvents (F001-F005) and dioxins (F020-F023; F026-F028) under the land disposal restrictions (LDR). EPA provided national capacity variances for certain solvent wastes and all dioxin wastes.
 
12/01/1986WASTES GENERATED IN PROCESS UNITSQuestion & Answer
 Description: Safety-Kleen parts washers are not exempt manufacturing process units under section 261.4(c). A solvent is considered spent when it can no longer be used, and spent materials are solid wastes when they are reclaimed. An operator becomes a generator when the cleaning apparatus is removed from drum.
 
11/07/1986SOLVENT LISTINGS, SCOPE OFMemo
 Description: Solvent waste from painting is not F-listed if the solvent is an ingredient in the paint. Solvent used to strip paint can be F-listed because it is used as solvent (i.e. to dissolve or solubilize paint constituents).
 
11/07/1986SOLVENT LISTINGS, SCOPE OFMemo
 Description: The F001-F005 listings do not cover wastes where solvents were used as reactants or ingredients in the formulation of CCPs, but do cover solvents used for their solvent properties. If a solvent is less than 10% by volume F001, F002, F004, or F005 constituents before use, the waste does not meet the spent solvent listing (SEE ALSO: F003; 50 FR 53315; 12/31/85). Mixtures of F001-F005 and wastewaters are typically listed via the mixture rule. Solvent- contaminated process wastes are generally not listed because the solvent contaminants were not used for their solvent properties. Discussion of the mixture rule exemption for solvent- wastewater mixtures.
 
09/15/1986DEFINITION OF SOLID WASTEMemo
 Description: Ignitable discarded paint with xylene is D001 as the xylene is not spent F003, nor a discarded unused CCP (U239). A mixture of waste listed solely for a characteristic with a solid waste is not hazardous waste if the mixture is not characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). Spent toluene is F005, not F002. A pyridine osmium tetroxide mixture is not P- or U-listed because the mixture is not a pure or technical grade of the chemical or a sole active ingredient.
 
09/15/1986EFFECT OF LAND DISPOSAL RESTRICTIONS ON PERMITSMemo
 Description: The land disposal restrictions (LDR) apply to all disposal facilities regardless of any existing permit conditions. A permit does not shield a facility from the LDR. The self-implementing provisions under section 3004(e) of HSWA apply to solvents and dioxins.
 
09/08/1986COUNTING DRY CLEANING INDUSTRY WASTE ONLY AFTER REMOVAL FROM THE PROCESS - SQG RULEMemo
 Description: Solvent filter cartridges and still bottoms are only counted to determine a generator’s regulatory status when removed from the dry cleaning process. Materials that are reused one or more times within a calendar month need only be counted once. Solvents in a dry cleaning machine are not subject to counting if the machine qualifies as a closed-loop reclamation process.
 
09/08/1986REGULATORY OBLIGATIONS OF PRINTERS WHO USE RECYCLABLE RAGS AND WIPERSMemo
 Description: Generator status is determined by the total of the hazardous waste generated in a calendar month. Waste identification for solvent-contaminated rags and shop towels is under review for petition (SEE ALO: RPC# 2/14/94-01). SQG solvent rags from the printing industry may be managed under a tolling agreement. A printer shipping hazardous rags to an industrial laundry may qualify for the manifest exemption under 262.20(e) if the printer is a SQG and all conditions of the exemption are met.
 
08/28/1986SOLVENT-LADEN CLEANING RAGS UNDER RCRAMemo
 Description: EPA is considering a petition to exempt solvent-contaminated shop towels and disposable industrial wipers from the definition of hazardous waste under the mixture rule (SUPERSEDED: see RPC# 2/14/94-01). Evaporation in a generator accumulation container is not exempt as a condition of the exemption is that containers remain closed except to add or remove waste (SEE ALSO: Part 264/Part 265, Subpart CC).
 
08/06/1986MOBILE SOLVENT RECYCLER, GENERATOR DETERMINATION FORMemo
 Description: A contractor recycling a solvent at a generator site using a mobile treatment technology is not a cogenerator if the solvent was a hazardous waste before the contractor comes on-site or if the solvent was stored prior to recycling since the contractor activity did not cause a waste to become subject to regulation (SEE ALSO: 45 FR 72024; 10/30/80).
 
08/04/1986PRE-COAT WASTE CONTAINING 2-ETHOXYETHANOL (EXTRUDING PROCESS WASTE)Memo
 Description: Using solvents as reactants or ingredients in products is not solvent use. Wastes from processes where solvents were used as reactants are not F-listed. Waste from process where 2-ethoxyethanol was used as ingredient in pre-coating cannot be F-listed solvent waste, although it may exhibit a characteristic.
 
08/01/1986SQG QUANTITY DETERMINATIONSQuestion & Answer
 Description: All counting occurs on a month-to-month basis. The multiple counting exemption in section 261.5(d)(3) applies only within one month. Solvent waste counted and reclaimed in October must be counted again if the solvent is reused in November.
 
07/15/1986ACTIVATED CARBON CANISTERS SATURATED WITH SPENT SOLVENTSMemo
 Description: Degreasing vapors with Freon 113, TCE, and methylene chloride are not solid waste until absorbed into carbon (not contained gases) (SEE ALSO: 56 FR 7200; 2/21/91). Spent carbon canister is not hazardous waste via the mixture rule, but may be characteristic.
 
07/02/1986WASTES GENERATED IN A PROCESS USING METHYLENE CHLORIDE TO RECOVER ALKALOIDS FROM PLANT MATTER; WASTES GENERATED FROM EXTRACTION PROCESSMemo
 Description: A filter cake from an extraction process with listed methylene chloride is not listed, but may be hazardous if characteristic. Wastewater stripped from solvent wastewater is not listed, but may be hazardous if characteristic. Spent solvent from an extractor is listed hazardous waste.
 
06/02/1986PAINTING CONTRACTOR WASTES-SMALL QUANTITY GENERATORMemo
 Description: Methylene chloride is a listed waste (F002) when used as a solvent and can be toxic. Muriatic acid is likely to be corrosive (D002) but not toxic. Generators who produce greater than 100 kg/mo are subject to regulation. CESQGs may dispose of hazardous waste in any state approved landfill.
 
06/01/1986SPENT SOLVENT LISTINGSQuestion & Answer
 Description: A solvent-containing effluent wastewater stream from a liquid-liquid extraction is not a spent solvent covered by the spent solvent listings, since the effluent became contaminated during the use of virgin solvent (production process).
 
05/20/1986SPENT SOLVENT RECOVERY, WASTE MANAGEMENT TAXMemo
 Description: Recovered solvents are no longer wastes. Solvents blended with oil and burned are still hazardous wastes. A discussion of taxes on hazardous wastes.
 
05/06/1986HEALTH ASSESSMENT INFORMATION IN LISTING DECISIONS; LISTING OF TF-1, AN ELECTRICAL TRANSFORMER FLUSHING AGENTMemo
 Description: The presence of Appendix VIII hazardous constituents or a combination of P-listed and U-listed ingredients are not the only factors in the listing determination for solvent TF-1. Concentration, migration potential, persistence, quantity generated, and management history are part of the determination. To be listed under on P- or U-list it must be a pure or technical grade of a listed solvent, or contain a sole active ingredient.
 
05/02/1986ACTIVATED CARBON CANISTERS USED TO COLLECT SOLVENT VAPORS GENERATED DURING PAINT APPLICATIONMemo
 Description: F-listings do not apply to solvents such as 1,1,1-trichloroethane, Freon 113, and methylene chloride that are used as ingredients or reactants in CCPs (e.g., paint). Activated carbon used to collect solvents volatilized during paint application would only be hazardous waste if characteristic. Solvent use includes use as a cleaning or degreasing agent, as a medium for chemical reactions, as extractants, and as diluents.
 
05/01/1986SPENT SOLVENTSQuestion & Answer
 Description: Clumps of varnish removed from spent methylene chloride that are used as a stripper meet the F002 listing due to the derived-from rule. Methylene chloride is no longer F002 once it has been reclaimed (after varnish clumps have been removed).
 
04/21/1986DRY CLEANING AND MAINTENANCE SERVICES WASTE NOT EXCLUDED AS HOUSEHOLD WASTEMemo
 Description: Dry cleaning/vehicle maintenance wastes from hotels are not household hazardous waste (HHW). Normal household waste from hotels is excluded. Room cleaning, pesticide spraying of hotel rooms yields HHW.
 
04/21/1986REGULATORY STATUS OF SOLVENT TF-1Memo
 Description: Part 261, Appendix VIII, hazardous constituents are not the only listing determination factor for solvent TF-1, there are other factors. Solvent and PCB wastes with Appendix VIII constituents are not hazardous waste unless they are listed or characteristic. TSCA has the authority to regulate PCB handling and disposal (SEE ALSO: 261.8).
 
04/01/1986LAND DISPOSAL BANQuestion & Answer
 Description: The presence of solvent constituents in a non-listed waste does not subject the waste to solvents and dioxins land disposal restrictions (LDR). In order to be subject to the solvents land disposal restrictions, the waste must meet the F001-F005 solvent listings.
 
03/27/1986LAND DISPOSAL RESTRICTIONS HEARING ON FEB 24, 1986 RESPONSESMemo
 Description: Solvent-containing wastes going for disposal generally exceed the constituent treatment levels under the land disposal restrictions (LDR). Dioxin-containing wastes, including soils, will require treatment prior to disposal (SEE ALSO: 63 FR 28556; 5/26/98).
 
03/24/1986SOLVENT MIXTURES, FINAL RULE TO LIST - PERMIT MODIFICATIONSMemo
 Description: Facilities permitted to manage F001-F005 waste codes before 12/31/85, may handle newly listed solvent wastes without a major permit modifications.
 
02/28/1986MIXING HAZARDOUS WASTE WITH USED OIL (REBUTTABLE PRESUMPTION)Memo
 Description: The rebuttable presumption only applies to used oil (UO) to be burned for energy recovery (SUPERSEDED: see 279.10(b)). The rebuttable presumption does not establish a new characteristic. A “significant concentration” that would indicate mixing depends on halogenated compounds found and circumstances of generation and collection. UO with less than 100 ppm of F001 or F002 constituents can rebut the presumption. Rebuttal analysis should measure the Appendix VIII compounds used at a facility and those reasonably expected to enter a UO waste stream.
 
02/01/1986LAND DISPOSAL BAN OF SOLVENTSQuestion & Answer
 Description: New solvent wastes listed by 12/31/85 Federal Register (50 FR 53315) are subject to the land disposal restrictions (LDR) under authority of 3004(g)(4).
 
01/01/1986SPENT SOLVENT MIXTURESQuestion & Answer
 Description: Discusses the applicability of F003 to solvent mixtures. The 10 percent threshold does not apply to F003. Solvent mixture must contain only F003 listed solvents to meet the F003 listing (SEE ALSO: 66 FR 27266; 5/16/01) or contain solvent from F003 and meet the 10% threshold for F001, F002, F004, or F005 (SEE ALSO: RPC# 6/1/94-01).
 
12/17/1985WASTEWATER TREATMENT SYSTEM, SOLVENT RECOVERY STILL BOTTOMS INMemo
 Description: The 261.3(a)(2)(iv) mixture rule exemption for de minimis quantities of solvents applies to solvents or still bottoms incidentally discharged into wastewater system, not intentionally discharged. Incinerator scrubber water derived from a listed solvent is not eligible for the exemption. The exemption applies at headworks.
 
10/01/1985LUBRICATING OIL AND JET FUELS USED TO PRODUCE PETROLEUM PRODUCTSMemo
 Description: Lubricating oil and an unused fuel mixture used to remove excess fuel from fuel cells is a spent material, not an off-specification CCP since the mixture is used as a solvent. The mixture is not used oil. Secondary materials used to produce a fuel are only subject if the material is listed or is a sludge (SUPERSEDED: See 50 FR 49164; 11/29/85).
 
10/01/1985WASTE MINIMIZATIONQuestion & Answer
 Description: The 3002(b) waste minimization requirements are self implementing and leave the choice of a method to the generator. Waste exchanges, recycling of solvents, on-site reuse and off-site recycling are all legitimate waste minimization.
 
09/18/1985WATER/METHANOL MIXTURE WASTESTREAMMemo
 Description: A mixture of F003 and wastewater is exempt if mixture is not ignitable. Another option for exemption is to discharge to a sewer. RCRA 3005(h) requires a waste minimization plan (SUPERSEDED: see current 261.3(a)(2)(iii), 268.3).
 
08/13/1985REGULATORY STATUS OF SOLDER DROSS WHEN SMELTED FOR LEAD RECOVERYMemo
 Description: Solder dross is a by-product. An unlisted (characteristic) by-product is not a solid waste when it is reclaimed. Discussion of spent material versus by-product. Spent materials include spent solvents, acids, pickle liquor, catalysts, and lead-acid batteries (battery). By-products include distillation residues, slags, dross, and tank bottoms (SEE ALSO: RPC# 8/28/92-01).
 
07/01/1985THE SOLVENT MIXTURE RULEQuestion & Answer
 Description: The phrase “ten percent (or more) by volume” means the sum of percentages of each listed solvent constituent present. A single solvent need not be present at a concentration of ten percent. A discussion of a proposed solvent rule (50 FR 18378; 4/30/85) which changed the scope of the spent solvent listing and solvent percentage rule.
 
06/27/1985SOLVENT STILL AS RECYCLING UNIT - REGULATORY STATUS OFMemo
 Description: A solvent that is still recycling hazardous waste is not subject to regulation. The recycling process itself is not normally subject to regulation unless it is analogous to land disposal or incineration. The storage and transportation of solid wastes which will be recycled are subject to regulation.
 
06/24/1985SPENT SOLVENT MIXTURE (NALCAST 6015/WATER/WAX)Memo
 Description: Solvent mixture (Nalcast 6015) used to clean wax from metal parts is used as a solvent, and is spent when it has served its intended purpose and can no longer be used without further processing. Spent solvent listings apply only to the technical grade or pure forms of a solvent, not to solvent mixtures (SUPERSEDED: SEE 261.31 and 50 FR 53315; 12/31/85). Water-wall spray booth residues are not hazardous unless they exhibit a characteristic.
 
06/03/1985TOLUENE-LADEN FILTER RESIDUE GENERATED FROM AN INK PRODUCTION PROCESSMemo
 Description: Filter cake containing toluene residue as a contaminant is not F005, since solvent listings do not apply to wastes containing solvents that were used in industrial processes. Solvents used for solvent properties are typically not consumed or physically or chemically altered during the process. The treatment of a residue on site to decrease the solvent content may require a permit unless it is conducted in a generator accumulation unit.
 
06/01/1985SOLVENT MIXTUREQuestion & Answer
 Description: The solvent mixture rule applies to a solvent mixture before it becomes a waste. If the mixture meets the 10% criterion before use, the waste meets the applicable solvent listing regardless of the percentage of solvent in the waste.
 
05/24/1985CLARIFICATION ON THE USE OF SOLVENTS AS REACTANTS IN MANUFACTURING PROCESSESMemo
 Description: The use of solvents as reactants (chemical feedstocks in manufacturing process) or process intermediates is not a solvent use. Excess toluene, methanol, and m-cresol used as reactants are not F-listed. Solvents used as reaction or synthesis media (i.e., to dissolve chemicals to enhance their ability to undergo a chemical reaction) is a solvent use.
 
04/01/1985F SOLVENT WASTESMemo
 Description: The F solvent listings apply only to solvents designated in the “F” series. Only solvents used separately are covered by F001-F005 (i.e., technical grade solvents are covered but solvent mixtures are not) (SUPERSEDED: SEE 261.31 and 50 FR 53315; 12/31/85). If individually used solvent waste streams are mixed after generation, the mixture is a mixture of F-listed waste streams.
 
04/01/1985HAZARDOUS WASTE DETERMINATIONQuestion & Answer
 Description: The use as a reaction medium is considered use as a solvent. Methylene chloride used as a reaction medium meets the F002 listing. Spent materials are solid wastes when reclaimed. The recycling process is exempt.
 
04/01/1985LAB SAMPLEQuestion & Answer
 Description: Standard test procedures that involve the addition of hazardous chemicals (e.g., solvents) to a sample do not affect the lab sample exclusion. A lab adding listed solvents to a sample may still send it to the generator under section 261.4(d).
 
11/23/1984WASTE INK AND SOLVENT MIXTURES GENERATED FROM PRINTING FACILITIESMemo
 Description: Waste solvent-containing inks are not listed spent solvents. These wastes may exhibit the ignitability characteristic (D001).
 
11/07/1984HAZARDOUS CHARACTERISTIC - BASIS FOR LISTINGMemo
 Description: Treated residues of characteristic wastes are no longer hazardous when they no longer exhibit a characteristic. F003 is no longer hazardous when mixed with a solid waste if the mixture does not exhibit a characteristic, via the 261.3(a)(2)(iii) mixture rule exemption for wastes listed solely for exhibiting a characteristic (SEE ALSO: 268.3). Non-ignitable residues from the treatment of F003 that was not mixed with solid waste are hazardous by the derived-from rule (SUPERSEDED: 66 FR 27266; 5/16/01).
 
10/01/1984SOLVENT WASTES USED TO CLEAN EQUIPMENTQuestion & Answer
 Description: Solvents used to clean equipment from the extraction, beneficiation, and processing of ores and minerals are not directly associated with these activities and do not qualify for the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes.
 
09/01/1984CRITERIA FOR EVALUATING DELISTING PETITIONSQuestion & Answer
 Description: The criteria for evaluating delisting petitions are outlined, including an F002 (1,1,1-trichloroethane) example.
 
08/15/1984MINERAL PROCESSING RESIDUALS FROM COMBUSTION UNITS BURNING HAZARDOUS WASTE FUELMemo
 Description: Heating shale to produce lightweight aggregate is beneficiation, and therefore, wastes from this process are excluded by the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes. Use of hazardous waste fuels does not preclude the 261.4(b)(7) or 261.4(b)(8) (cement kiln dust (CKD)) exclusion. Burning for energy recovery is treatment. Wastes derived from recycled waste are still listed (SEE ALSO: 66 FR 27266; 5/16/01). The mixture-rule de minimis exemption at 261.3(a)(2)(iv) only applies if solvents are commingled with process wastewaters as part of routine housekeeping procedures. The exemption is not applicable to sludges mixed with wastewater or sludges that generate wastewaters.
 
08/01/1984METHYL CHLOROFORMQuestion & Answer
 Description: Off-specification methyl chloroform produced from the reclamation of listed solvent (F002) is considered an off-specification CCP when discarded and meets the U226 listing.
 
06/01/1984USE AS SOLVENT V. USE AS INGREDIENTQuestion & Answer
 Description: Use as solvent versus use as an ingredient is discussed. Use in extraction or as a carrier is considered solvent use. Use as a reactant or as a chemical intermediate is considered use as an ingredient. Examples are provided.
 
05/15/1984RESIDUE FROM STREAM-STRIPPING OF PROCESS WASTE CONTAINING TOLUENEMemo
 Description: Spent solvent listings apply only to pure or technical grade solvents (SUPERSEDED: see 261.31, F001-F005). Industrial process wastestreams containing solvent constituents are not listed; thus, wastes derived from these industrial process wastestreams are not listed.
 
04/10/1984MIXTURES OF SPENT SOLVENTS - F001-F005, REGULATORY STATUS OFMemo
 Description: Spent solvent listings only apply to pure or technical grades of solvents. Mixtures of different solvents are hazardous only if they are characteristic (SUPERSEDED: see 261.33, F001-F005).
 
04/01/1984CARBON FILTERS IN DRY CLEANING FOR FILTERING PERCHLOROETHYLENEQuestion & Answer
 Description: Carbon filters used to filter spent perchloroethylene from the dry cleaning industry are F002. The weight of filters is counted toward the monthly generator determination.
 
04/01/1984WASTE FROM CLEANING DRILLING EQUIPMENTQuestion & Answer
 Description: Water used to steam-clean oil and gas drilling equipment off site is excluded under 261.4(b)(5). Solvent used to clean equipment is not excluded because it is not uniquely associated with the industry.
 
02/28/1984GUIDANCE ON DETERMINING WHEN A HAZARDOUS WASTE IS A LEGITIMATE FUEL THAT MAY BE BURNED FOR ENERGY RECOVERY IN A BOILER OR INDUSTRIAL FURNACEMemo
 Description: Discussion of determination of when hazardous waste (halogenated solvents) are legitimate fuels burned for energy recovery. Fuel must have a substantial heat value (i.e., 5,000-8,000 BTU/lb) and must be burned in a legitimate energy recovery device (SUPERSEDED: see RPC# 11/8/94-01).
 
12/13/1983CONTAINERS, TRIPLE RINSING OF EMPTYMemo
 Description: For purposes of 261.7, containers are divided into those that have held acutely hazardous waste and those that have not. Those that have held acute wastes must be triple rinsed with a suitable solvent. Other containers must be emptied by a normal manner, but not necessarily rinsing. Emptying and rinsing are not treatment. Residues remaining in an empty container are exempt.
 
10/01/1983WASTES LISTED FOR CONTAINING CHLORINATED BENZENESQuestion & Answer
 Description: The F002 listing is just for monochlorinated benzene and o-dichlorobenzene. K105 includes wastes from the production of all chlorinated benzenes.
 
07/20/1983SOLAR CELL AND HIGH TECH INDUSTRIES HAZARDOUS WASTEMemo
 Description: Wastes from the production of solar cells and other high tech industrial equipment, including spent solvents, electroplating wastes, and discarded products, may be hazardous waste if they are listed or characteristic. Not all wastes from such production are listed or characteristic.
 
06/10/1983SPENT SOLVENT LISTINGS & LEACHATE FROM SANITARY LFS THAT RECEIVED HAZARDOUS WASTEMemo
 Description: Spent 1,1,1-TCE from a cleaning process is F002. Process waste containing TCE is not listed unless it is mixed with listed solvent, although it may be characteristic. Sanitary landfill leachate containing listed solvent is listed HW.
 
04/19/1983SUBTITLE C EXCLUSION OF DRILLING FLUIDS AND PRODUCED WATERSMemo
 Description: The exploration, development, or production (EDP) exclusion applies only to wastes that are uniquely associated with crude oil, natural gas or geothermal energy EDP. Spent solvents, pesticide wastes, and discarded CCPs that are not uniquely associated are not excluded (similar to Bevill policy on mining and mineral processing at 261.4(b)(7) or cement kiln dust exclusion at 261.4(b)(8)) (SEE ALSO: 63 FR 28556; 5/26/98).
 
05/07/1981APPICABILITY OF 261.33(F) LISTING TO SEWER AND CESSPOOL ADDITIVES CONTAINING ORTHODICHLOROBENZENEMemo
 Description: Use of orthodichlorobenzene (U070) to unclog sewer pipes and septic tanks is not disposal of unused CCP and is not listed. CCPs are not hazardous waste until they are discarded. Normal use is not disposal. Organic solvents in cesspool/ sewer lines may contaminate groundwater and soil.
 
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