April 7, 1988
MEMORANDUM
SUBJECT: Regulatory Interpretation Assistance Request-Determination
for Viability of "F-Waste" Electroplating (F007-F009)
Listings at Lewis Industries, Inc.
FROM: Sylvia K. Lowrance, Director (WH-562) Office of Solid Waste
TO: David A. Wagoner, Director Waste Management Division, Region
VII
This is in response to your memorandum dated December 31, 1987
in which you request guidance as to whether rinsewaters that are
generated by electroplating operations are regulated as hazardous
wastes under RCRA. Specifically, you describe the electroplating
process at Lewis Industries, Inc., located in Kansas City, MO,
and inquire if the rinsewaters generated by their operations might
be listed hazardous wastes according to 40 CFR 261.31. As your
analysis of the listing background document to 40 CFR 261.31 correctly
indicates, rinsewaters from electroplating operations are not
within the scope of the F007, F008, or F009 hazardous waste listings.
Rather, these rinsewaters would only be considered hazardous under
these specific listings if the F007, F008, or F009 is deliberately
mixed with the rinsewaters from electroplating operations. (See
40 CFR 261.3(b)(2).)
During the plating process, rinsewaters may be contaminated with
cyanides carried over from plating or cleaning bath solutions.
The mixture rule applies when a hazardous waste is mixed with
a solid waste. (See 40 CFR 261.3(a)(2)(iv).) The rinsewaters are
not a solid waste when they become contaminated; therefore, these
rinsewaters would not be hazardous waste due to the mixture rule.
In addition, based on the available data that you submitted, the
rinsewaters do not exhibit any of the characteristics of hazardous
waste set forth in 40 CFR 261 Subpart C. Therefore, the rinsewaters
generated by Lewis Industries, Inc., would not be designated as
hazardous waste under RCRA. Please feel free to contact Mr. Ed
Abrams at FTS 382-4787 if you or your staff have any further questions.