Faxback 11897


9441.1995(07)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460

February 28, 1995

Mr. John McNally
Coll, Davidson, Carter,
Smith, Salter and Barkett
3200 Miami Center
201 South Biscayne Boulevard
Miami, FL 33131-2312

Dear Mr. McNally:

Thank you for your letter of February 13, 1995 requesting a
determination of whether RCRA hazardous waste regulatory
requirements apply to the handling, shipment and disposal of
household appliance components removed from residences during
routine maintenance and repair services.

Under Federal law, wastes from households are exempt from
regulation (40 CFR 261.4(b)(1)). Household waste, to be excluded
pursuant to 40 CFR Section 261.4(b)(1) must fulfill two criteria:
first, household waste has to be generated by individuals on the
premises of a household and, second, "the waste stream must be
composed primarily of materials found in the waste generated by
consumers in their homes." EPA does not distinguish between waste
generated at a household by a homeowner and waste generated at a
household by a person other than the homeowner (e.g., contractor)
provided that the waste is generated as part of daily living
(e.g., routine residential maintenance). Under EPA's current
reading, solid waste generated by a homeowner, resident, or a
contractor at a home as part of routine residential maintenance
(as opposed to building construction, renovation, and demolition)
would be part of the household waste stream, and thus would be
exempt under the RCRA household waste exemption.

From the description provided in your letter, it appears
that the thermostat components of residential ovens being handled
under your program meet the requirements for exemption as a
household waste. Individual states, however, may choose to have
their own laws and policies on "household waste". Section 3009 of
RCRA allows states to impose standards more stringent than, or in
addition to, those in the Federal program. Therefore, you should
contact the states in which the program will be operating for
further assistance in determining the appropriate waste management
and disposal requirements in each of these states.

You may also be interested to know that EPA has developed a
new streamlined regulatory system for used batteries and other
waste streams generated by non-households, which we call
"universal wastes." One of the goals of this rule is to separate
these universal wastes from the municipal waste stream. I have
enclosed a copy of the proposal. The Agency expects the final
rule to be promulgated later this spring.

Thank you for your interest in proper waste management
practices.

Sincerely,

Michael Petruska, Chief
Regulatory Development
Branch

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Attachment
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COLL DAVIDSON CARTER SMITH SALTER & BARKETT
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW

February 13, 1995

VIA FACSIMILE (202-260-0225)

Michael Petruska
Branch Chief
Regulatory Development Branch
Characterization and Assessment Division
U.S. Environmental Protection Agency
401 M Street, N.W.
Washington, D.C. 20460

Re: Regulatory Evaluation

Dear Mr. Petruska:

The following information is provided to you for purposes of
obtaining an interpretation from EPA to determine if the Resource
Conservation & Recovery Act (RCRA) hazardous waste regulatory
requirements apply to the handling, shipment and disposal of
household appliance components removed from residences during
routine maintenance and repair services. I have been in contact
with representatives of several EPA region offices to address this
subject as the activity involves removal of appliance components
from households in numerous states throughout the country. This
request is submitted to you for purposes of confirming my
telephone conversations with Marilyn Goode in your office to
achieve uniformity and consistency in the application of the EPA
regulatory requirements and to ensure compliance in the handling
of these items.

The activities involve removal of a thermostat component
from ovens located in residences throughout the country. The
thermostat component consists of a copper tubing and contains
approximately one ounce of sodium potassium alloy liquid sealed
within the tubing. The thermostat is removed by the manufacturer's
service representatives and placed in a package in a container in
the service vehicle. The component is picked up with other
appliance parts by a transportation company and taken to a
warehouse facility for further shipping and ultimate disposal. A
third company picks up the components and transports them to a
facility where the component is opened and the liquid is removed
from the thermostat. Based on the nature of the sodium potassium
alloy liquid, the material exhibits a reactive characteristic upon
removal from the component. Following this reaction, the liquid is
disposed of at the facility into a Publicly-Owned Treatment Works
(POTW).

During removal of the thermostat and during the entire
course of handling and shipping, the component remains intact and
is handled in accordance with applicable Department of
Transportation (DOT) transportation and labeling requirements
similar to the shipment of new thermostat components. Based on the
number of states involved and to ensure compliance with applicable
regulatory requirements, the entities involved are interested in
clarifying and confirming the regulatory requirements related to
the handling of this component (and in particular determining if
the component is subject to regulation under RCRA Subtitle C).
Based on my telephone conversations with Ms. Goode and her
discussions with other EPA representatives, I have been informed
that this component would be considered within the RCRA household
waste exemption and not subject to the RCRA . hazardous waste
regulations. As I am sure you can appreciate, clarification and
confirmation of the applicable regulatory requirements concerning
this component is of concern to the companies to ensure the proper
and responsible handling of these components in a manner
consistent with EPA regulations.

Considering the scope of this activity, the companies are
interested in obtaining a response from EPA at the earliest date
possible. Your cooperation and attention in this matter is very
much appreciated. Please contact me following your review of this
information so we can discuss these activities and the evaluation
of the regulatory requirements.

Sincerely,

John J. McNally

JJM:mag