RO 12337

PPC 9443.1984(09) 

CORROSIVE SOLIDS, COMMERCIAL CHEMICAL PRODUCTS, REACTIVE 

WASTES DEFINED 

NOV 29 1984 

NL Baroid 

NL Industries, Inc. 

Mr. W. H. Yancey 

P.O. Box 1675 

Houston, TX 77251 

Dear Mr. Yancey: 

I am glad to clarify the issues of hazardous waste 

identification you raised in your letter dated November 15, 1984. 

First, you asked if physically solid forms of sodium hydroxide 

and potassium hydroxide (granular or pellets) are currently 

regulated as RCRA corrosive hazardous waste. The answer is no. 

Title 40 CFR §261.22(a) defines corrosivity for aqueous solutions 

within given ph ranges and for liquids that corrode steel faster 

than a quarter of an inch per year under specified test conditions. 

The May 19, 1980, preamble, 45 FR 33109 states: 

 "...there is no demonstrated need to address corrosive 

 solids at this time. EPA will, however, continue to 

 seek information on the dangers presented by these wastes 

 and will consider specific regulatory measures if the 

 need for more control becomes apparent." 

At this time, the Agency is developing a test protocol to 

evaluate the leachability of solid-phase corrosives. Furthermore, the new RCRA amendments direct EPA to minimize effects 

of hazardous waste on human health and the environment. So 

you can see that the status of corrosive solids may be subject 

to change in the future. 

Second, you wondered if products that contain preservatives 

listed in 40 CFR §261.33(f) are subject to regulation as 

RCRA hazardous waste. In particular, you asked about potato 

starch that has been treated with formaldehyde. The comment 
RO 12337

after 40 CFR §261.33(d) explains that commercial chemical products 

are manufactured for commercial use and are commercially pure or 

technical grades or formulations in which the chemical is the 

sole active ingredient. The comment also says that a waste that 

contains a chemical listed in §261.33(e) or (f) is only a RCRA 

waste if the waste is listed in §5261.31 or 261.32 or if the 

waste is hazardous by characteristics identified in §S261.20 to 

261.24. The comment is in brackets and thus is not part of the 

regulations, but it conveys the intended meaning of the definition 

of commercial chemical products. Thus, the potato starch, when 

a waste whether it is used or not, does not contain a commercial 

chemical product, since the formaldehyde has already been used 

in the mixture as a preservative. Furthermore, there are no 

listed potato starch waste streams. You should determine whether 

or not the potato starch meets the criteria for ignitability, 

corrosivity, reactivity, or EP toxicity. In any case, the starch 

is not a hazardous waste by the mixture rule. 

Third, as you know, 40 CFR §261.23(a)(5) does not specify 

the amount of cyanides or sulfides that would identify a waste 

as reactive. Presently, EPA is in the process of developing 

test protocols to quantify the reactive characteristic for 

cyanides and sulfides. In the meantime, the enclosed regulatory 

interpretive letter, RIL #2, outlines the Agency's suggested 

guidelines. Below 10 ppm, the waste will not be considered 

reactive, and above 200 ppm, it will be considered reactive 

unless the generator can show why it is not. Between 10 and 200 

ppm, the decision will be based on the potential releasibility 

of H2S of HCN on a case-by-case basis. 

All but about seven States and three territories have programs 

that operate in lieu of the Federal RCRA program, and eight of 

these programs have received full authorization. When a State 

has been granted authority to operate the RCRA program, you are 

subject to the State regulations which may be slightly different. 

The RCRA/Superfund Hotline at (800) 424-9346 can send you a copy 

of the State hazardous waste agency addresses and phone numbers 

if you need it. 

If you wish to discuss these questions further, please do 

not hesitate to call me at (202) 382-4804. 

Sincerely yours, 
RO 12337

Irene S. Horner 

Studies and Methods Branch 

Attachment