Products which contain listed commercial chemical products (CCPs) are not listed CCPs when discarded (Memo, Dietrich to Stowe; November 17, 1980 (RO 12012)). However, treated poles could be considered hazardous if they exhibit any of the hazardous waste characteristics identified in Subpart C of 40 CFR 261 (Sections 261.20-.24).
The following guidance documents provide additional clarification on the regulatory status of products containing creosote:
Memo, Bussard to Burkholder; July 3, 1990 (RCRA Online #11535)
Memo, Porter to McKinney; February 11, 1986 (RCRA Online #11129)
Memo, Straus to Stinson; July 16, 1985 (RCRA Online #11094)
In addition, it is important to note that this guidance represents clarification of the Federal regulations. Most states are authorized to implement the Federal regulations. We recommend that you also contact your state's implementing agency to acquire additional information on hazardous waste identification. The Office of Resource Conservation and Recovery (ORCR) has compiled a list of phone numbers and waste program Web sites maintained by EPA Regional offices and state environmental agencies to help users locate the appropriate agency within their states.
If a commercial chemical product (CCP) such as creosote is applied to or contained in a product (such as a wood pole and wood chips), will that product be a hazardous waste carrying the corresponding CCP listing when disposed?
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