Mr. Frank Czigler
Environmental Department
S & W Waste Inc.
115 Jacobus Ave
South Kearny, New Jersey 07032

Dear Mr. Czigler:

This letter responds to your request for assistance on identifying whether certain
solvents are covered under the F001 through F005 hazardous waste listings, and for
clarification on the applicability of the land disposal restrictions final rule (51 FR
40572, November 7, 1986). I apologize for the delay in responding to your
correspondence. After the new regulations were promulgated the Agency received
numerous requests for guidance.

Each of the questions raised in your letter is restated below and followed by the
appropriate response.

     1. "Since the December 31, 1985 definition of the EPA waste types
     F001 through F005, the following solvents have been added to the listing
     but are not listed in table CCWE- CONSTITUENT IN WASTE
     EXTRACT (F.R./Vol.51, No. 216/11-7- 86/Page 40642):

     1,1,2-Trichloroethane
     2-Ethoxyethanol
     2-Nitropropane
     Benzene

     If these solvents are to be included in the list of wastes restricted from
     land disposal, what maximum concentrations in waste extract are the
     treatment standards expressed as?"

-- The November 7, 1986 final rule does not include treatment standards for these
four newly listed F001 through F005 spent solvents. Provisions under RCRA section
3004(g)(4) require the Agency to make a determination within 6 months whether to
subject newly listed hazardous wastes to the land disposal prohibitions. However, the
statute does not impose an automatic prohibition if the Agency misses the deadline.
EPA expects to make land disposal restriction determinations pertaining to these
solvent wastes in association with the scheduled listed wastes (51 FR 19300, May 28,
1986).

     2. "Are wastes generated by laboratories as a result of analytical and
     research work, where the listed solvents are used for their solvent
     properties, (e.g., solvents used in liquid chromatography, rinsing paraffin
     off tissue culture slides, in ion exchange columns, in layer separation, in
     distillation, as final step of organic synthesis, in re-crystallization, etc.)
     regulated?"

-- Yes. Under the approach promulgated in the final rule, F001-F005 listed solvents
are subject to the land disposal restrictions. If an analytical or research laboratory
generates these restricted wastes, the wastes must be managed in accordance with 40
CFR part 268. In order for a solvent waste to be covered by the F001-F005 spent
solvent listings the waste must be generated as a result of the solvent being used for its
"solvent" properties, that is, its ability to solubilize (dissolve) or mobilize other
constituents (e.g. solvents used in degreasing, cleaning, fabric scouring; as diluents,
extractants, reaction and synthesis media). In the case of solvent mixtures, the mixture
must contain, before use, a total of ten percent or more (by volume) of one or more of
the solvents listed in F001, F002, F004, or F005. Wastes that meet these criteria are
covered by the spent solvent listings and as such, are subject to the November 7,
1986 final rule.

     3. "Are rags contaminated with listed solvents that were used for their
     solvent properties (e.g., in clean-up work) excluded from F001 through
     F005 listing and/or the November 8th regulations? This same question
     was posed to the RCRA-Hot Line, and the following answer was
     received:

     "If the solvents are poured onto the surface to be cleaned, then the
     contaminated rags used in the clean-up fall into the F001 through F005
     listing. If the solvents are poured onto the rags that are to be used in the
     clean-up, then the resultant dirty rags DO NOT fall into the F001 through
     F005 listing."

-- Technically, the interpretation of the regulations that you received from the RCRA
Hotline is correct. The F001-F005 solvent listing includes certain halogenated and
non-halogenated solvents when spent. A solvent is considered spent when it has been
used and is no longer fit for use without being re- generated, reclaimed, or otherwise
reprocessed. Therefore, when solvents are applied to a surface or machinery (and
used for their solvent properties), then cleaned-off with rags, the solvents are spent
and the contaminated rags are covered by the F001-F005 listing. When solvents are
applied directly to a rag prior to use, the solvent at that time is not spent and the rags
are not covered by the spent solvent listing.

As a practical matter, however, in each of these scenarios, the contaminated rags
would be basically identical in constituent make-up and would pose similar hazards.
Furthermore, land disposal facilities (which are ultimately responsible for veri- fying
that only wastes meeting the treatment standards are land disposed) would not be able
to distinguish between rags used to cleanup spent solvents from other rags
contaminated with solvent. As a result, these facilities may choose not to accept rags
con- taminated with solvents unless they meet the treatment standards. In light of these
considerations, we recommend that any rags contaminated with listed solvents be
managed as hazardous wastes.

     4. "Are dry cleaning filters used to separate solid fines out of the F001
     through F005 listed solvents exempted?"

-- No. If F001 through F005 listed solvents are treated using dry cleaning filters to
separate out solid fines, the resultant waste filters are also F001-F005 hazardous
waste. In accordance with the "derived from" rule (40 CFR 261.3(c)(2)(i)), any solid
waste generated from treatment, storage, or disposal of a hazardous waste is a
hazardous waste. Thus, used filters from the treatment of spent solvents is designated
as an F001-F005 waste and is subject to the land disposal restrictions.

     5. "Does the process of thinning a paint for its subsequent use in the
     painting of a surface remove the paint from an non-F001 through F005
     category (as being a commercial product) to being an F001 through
     F005 waste (due to solvent having been used as a diluent) if a part of the
     thinned paint is later disposed of as a waste?"

-- Process wastes containing solvents where the solvent is an ingredient in the
formulation of a product are not covered by the spent solvent listings. In this specific
case, the addition of solvent to a paint product constitutes the formulation of a
modified paint product. The Agency does not recognize a distinction between paints
that contain solvents and paint where solvents have been added. Therefore, thinned
paint (as described in the above case) that is later discarded as a waste would not be
covered under the F001-F005 spent solvent listings.

     6. "Need clarification regarding the F003 solvent listing:

     (a) Are we to understand the phrase, "...All spent solvent mixtures/blends
     containing, before use, ONLY the above spent non-halogenated
     solvents..." as listed under the F003 hazardous waste number listing (In
     F.R./Vol. 50, No. 251/Tuesday 12-31-85/page 53319) to mean that the
     solvent mixture must consist (before use) 100% of one or more of the
     non-halogenated solvents (as listed in F.R. under F003 listing). In other
     words, if there is any non-F003 solvents, (i.e., ethanol, mineral spirits), or
     other contaminant (i.e., water, oil, etc.) in the solvent mixture/blend
     (before use), then the waste effluent of the process would not fall under
     the F003 listing."

-- In order for a waste to meet the criteria of an F003 spent solvent mixture/blend it
must include, before use, only solvent constituents listed under the F003 hazardous
waste code, or must contain, before use, one or more of the F003 non- halogenated
solvents and a total of ten percent or more of solvent constituents covered under
Hazardous Waste numbers F001, F002 F004, and F005. Therefore, as you correctly
stated, if the solvent mixture/blend contains (before use) other solvents such as ethanol,
or mineral spirits, the spent solvent would not be considered a listed waste, in
particular an F003 waste. However, the Agency does not intend to exclude such
mixture from regulation where non-F003 constituents are present as contaminants in
the virgin products.

     (b) "As we understand it, if a solvent mixture/blend is used for its solvent
     properties (e.g., in cleaning out a reactor) and it is made up (before use)
     of less than 10 percent F001, F002, and F005 solvent constituents and
     greater than 90 percent but less than 100 percent F003 listed solvent(s),
     then the resultant waste does not fall into any of the F001 through F005
     hazardous waste listing(s). Is the above a correctly interpreted example?"

-- Your interpretation of the solvent mixture provisions as they apply to the scenario
described in the above question is correct. If a solvent mixture/blend (before use)
contains F003 listed solvents and F001, F002, F004, and F005 solvent constituents, it
would not constitute a listed hazardous waste (unless the total of all F001, F002,
F004, and F005 constituents meet the ten percent threshold). Although such waste
streams are not listed wastes, these solvents may be regulated under RCRA if they
exhibit one or more of the characteristics of hazardous waste (i.e., corrosivity,
ignitability, EP toxicity or reactivity).

     (c) "An often asked question by our clients is described in the following
     example. Please indicate whether it exhibits a correct interpretation of the
     D001 characteristic waste type in light of the newly defined F003 listing.

     A batch reactor vessel is used in a production process. After each batch,
     the reactor must be thoroughly cleaned out with pure xylene. As a
     resource recovery/ conservation measure, the clean-out effluent ("con-
     taminated xylene") is regenerated by distillation. The regenerated xylene
     is re-used as reactor cleaning stock; and the still bottoms residue must be
     disposed of as a hazardous waste, classified as EPA WASTE TYPE
     D001 according to the generator, since it exhibits characteristics of
     EPA-ignitability."

-- According to the information provided in your example, the xylene is used solely for
the purpose of cleaning out the batch reactor vessel and is not a reactant or ingredient
in a production process. As such, the pure xylene has been used for its solvent
properties and would be considered an F003 spent solvent when it can no longer be
used without further processing. Still bottoms generated from the distillation of the
spent xylene also would be designated as an F003 solvent waste in accordance with
the listing description, not as EPA Hazardous Waste No. D001.

     7. "RCRA Hot-Line gave us the following example. Are they correct?"

     (a) "A paint reactor is cleaned out between batches with 100 percent
     xylene. The resulting solution is pumped into a holding tank in which the
     solids settle out. According to the RCRA Hot-Line, the Solids do not fall
     into any of the F001 through F005 waste listings because the xylene is
     still considered 100 percent technical grade and is to be re-used after the
     solids are removed. if the bottom sludge/solids are found to exhibit
     characteristics of EPA- ignitability would they be correctly classified as
     D001 waste? When is the xylene considered contaminated or spent? If it
     is considered contaminated after the first "wash out", and used for
     subsequent washes, should the resultant sludge be classified as an F001
     through F005 listed waste or a D001 characteristic waste?"

-- The example described above is an incorrect interpretation of the F001-F005 spent
solvent listing. Regardless of whether the bottom sludge/solids removed from the
holding tank exhibit the characteristic of ignitability, such wastes would be incor- rectly
classified as EPA Hazardous Waste No. D001. The pure xylene would become
"contaminated" when it comes in contact with the paint or other impurities. Therefore,
the xylene would be considered contaminated after its use during the first "wash-out"
of the paint reactor. As mentioned in earlier responses, such solvents would be
considered spent when they are no longer used without being regenerated, reclaimed,
or otherwise reprocessed. Thus, the contaminated xylene placed into the holding tank
would constitute an F001-F005 "spent" solvent because the xylene is regenerated by
allowing the solids to settle out. The bottom sludge/solids accumulated and removed
from the settling unit also would constitute an F001-F005 listed waste based on the
"derived from" rule (40 CFR 261.3(c)(2)(i)).

     (b) "If the tank is washed with a mixture of 90 percent xylene 10 percent
     mineral spirits, is the resulting sludge an F001 through F005 listed
     waste?"

-- If the solvent mixture/blend used to clean out the paint reactor contained, before
use, 90 percent xylene and 10 percent mineral spirits, the spent solvent waste would
not meet the criteria of a listed hazardous waste (on the basis described above under
question 6(a)). The resulting bottom sludge/solids would be correctly classified as a
D001 hazardous waste if they exhibit the characteristic of ignitability.

     8. "As specified in 40 CFR 261.32, "...solvent washes and sludges ..."
     resulting from ink formulation are properly classified as EPA waste type
     K086. Does this K086 classification hold true in light of the mst recent
     definition of the F001 through F005 hazardous waste listings? If a waste
     meets both waste category requirements, that of a waste from a specific
     source and also that of an F001 through F005 - non specific source,
     which waste classification takes precedence?"

-- In cases where tubs and equipment used in ink formulation are washed by solvents,
and the solvents used in the washes are included under the F001-F005 listings, the
resultant solvent- wash wastes are considered hazardous wastes under the applicable
spent solvent listings, as well as, the K086 listing (as indicated in the january 12, 1981,
Background Document). such wastes must be managed in accordance with the RCRA
regulations applicable to both waste classifications. In consideration of the November
7, 1986, final rule, these solvent-wash wastes would be subject to the prohibitions and
would be required to meet the applicable treatment standards prior to disposal in a
Subtitle C facility.

I hope this information adequately addresses your concerns. Please feel free to contact
William Fortune, of my staff at (202) 475-6715, if you have further questions on this
matter.

Sincerely,

Jacqueline W. Sales, Chief
Regulation Development Section