DSHW-1996-002326 - 0901a0688013a8f6

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DEPARTMENT OF ENVIRONMENTAL QUALITY I ILL WWl '
DIVISION OF SOLID AND HAZARDOUS WASTE ^ f • <^0/^3
Michael O. Leavitt \
Governor ;
Dianne R. Nielson, Ph.D. \
Executive Direcior
Dennis R. Downs
Director ?:
•i 288 North 1460 West
P.O. Box 144880
Salt Lake City, Utah 84114^880
i [phone] Voice
I [phone] Fax
1 [phone] T.D.D.
December 23, 1996
Mr. Gene Curtis
Environmental Services
Tiiiolcol Corporation
P^O. Box 689
Brigham City, UT 84302-0689
RE: Speculative accumulation and reclaimed commercial chemical products
Dear Mr. Curtis:
An inaccurate statement was made in the letter sent to Mr. Joe Thompson, dated November 26, 1996, which
addressed the status of reclaimed hazardous materials and the treatability study conditional exclusion. This
letter is written to correct the error that was made in the interpretation of the regulations that apply to reclaimed
commercial chemical products.
It was stated in the letter described above that "persons accumulating hazardous secondary materials not
otherwise defined as wastes have the burden of proving that they are not accumulating materials speculatively;
that is, that they are recycling sufficient amounts of secondary materials." It is indicated by 40 CFR
261.2(c)(4) that speculative accumulation does not apply to commercial chemical products. According to EPA
guidance, conimercial chemical products may include all types of unused or off-specification commercial
products [for a more detailed definition see 40 CFR 261.33(d)]. The Division considers off-specification or
unused propellant a commercial chemical product as long as it is reclaimed and therefore, speculative
accumulation doesn't apply to these materials. Commercial chemical products that are listed in 40 CFR
261.33, or that exhibit a hazardous waste characteristic, become hazardous waste when they are discarded.
If you have any questions regarding this letter, please contact Jeff Vandel at 538-9413.
Sincerely,
)ennis R. Downs, Executive Secretary
Utah Solid and Hazardous Waste Control Board
DRDVrCVMl
c: John C. Bailey, M.D., M.S.P.H., Health Officer/Dept. Director, Bear River Health Dept.
F:\SHW\HWB\JVANDEL\WP\THIOKOL\REeCCP.96
File: Thiokol