APR 10 1984

RE:SMBVC10406

Robert J. Nelson
Associate Director
National Paint and Coatings
  Association
1500 Rhode Island Avenue, N.W.
Washington, D.C. 20003

Dear Mr. Nelson:

This letter responds to your inquiry of March 20, 1984, regarding the regulatory status of mixtures of spent solvents listed in 40 CFR 261.31 (EPA Hazardous Waste Nos. F001-F005).

As you correctly stated in your letter, the solvent listing pertains only to the technical grade or pure form of the solvent. Thus, solvent mixtures are not required unless they exhibit one or more of the characteristics of hazardous waste.  At this time, however, we are in the process of revising the solvent listing to include these mixtures.  We expect to propose an amendment by early next year.  When this rule is promulgated,
spent solvent mixtures will be regulated when treated, stored, transported, or disposed of; and when treated, stored, or transported prior to use, reuse, recycle or reclamation. However, pursuant to the new proposed definition of solid waste, certain recycling/reclamation activities will be exempt from regulation.  As a practical matter, this means that solvents (and solvent mixtures) that are reclaimed either under certain batch tolling arrangements or on-site by the generator for use as a substitute for the commercial product will be exempt from regulation.  (See FR 14472-14512, April 4, 1983, for details.)

Should you have further questions or require additional information, feel free to contact Jacqueline Sales, of my staff, at (2020 382-4770.

Sincerely,
 

Eileen B. Claussen
Acting Director
Characterization and Assessment Division (WH-562B)