John Randall

Hi-Tech Industries, Inc.
17029 Devonshire St #124
Northridge, CA 91325-1679

Dear Mr. Randall:

This is in response to your letter to me and subsequent
telephone conversations with Dave Topping of my staff. During
this correspondence, you have posed several specific questions.
While some of them have been already answered during these
telephone conversations, our responses are repeated below. Also,
we would like to thank you for the information that you have
provided to us regarding spent antifreeze.

1) How many parts per million (ppm) of lead does the EPA consider
high enough to classify the waste spent antifreeze as EP Toxic?

A lead concentration of 5.0 ppm or greater in the leaching
test extract defines a waste as hazardous. Please note that, in
March of 1990, EPA promulgated the Toxicity Characteristic rule
which, among other things, replaced the Extraction Procedure test
of the EP Toxicity characteristic with the Toxicity
Characteristic Leaching Procedure (TCLP). For wastes that are
liquids, however, the two tests are the same--namely, a direct
analysis of the liquid.

2) Does EP Toxic mean the same as hazardous waste?

"EP Toxic" wastes are a subset of "hazardous wastes." In
addition to the Toxicity Characteristic (which replaced the EP
Toxicity characteristic, as explained above), there are other
hazardous waste characteristics, as well as specific lists of
hazardous wastes. If a waste exhibits one of these
characteristics (ignitability, corrosivity, reactivity, or
toxicity), or is specifically listed, it is defined as a
hazardous waste.

3) Which other elements constitute EP Toxic substances in spent
antifreeze (i,e., copper, zinc)?

The toxic constituents on the Toxicity Characteristic list,
and their regulatory levels (which, if equalled or exceeded in
the TCLP extract, define the waste as hazardous), are listed in
Table I of the enclosure.

4) When you said spent antifreeze often contains high lead
levels, what percentage of the time did you mean by the word
" Often?"

We do not have a sufficiently complete database to project
the percentage of samples that would be expected to contain high
lead levels. Also, the data that we do have provides no apparent
"pattern" to indicate which used antifreeze sources would
typically contain high lead levels.

5) How would an individual ascertain the lead level in his spent
antifreeze to determine if they would be required to comply with
hazardous waste disposal laws?

Our regulations allow for waste generators to determine
whether their waste is hazardous either by testing the waste or
by applying their knowledge of the waste's composition. Should a
generator opt to test the waste to determine whether it exhibits
the Toxicity Characteristic, the proper test is the TCLP, EPA
Method 1311. Many environmental testing laboratories can perform
this test.

6) What are the proper ways of disposing of spent antifreeze
which contains high levels of lead?

Spent antifreeze that exhibits the Toxicity Characteristic
for lead must be disposed of as a hazardous waste under the RCRA
Subtitle C (hazardous waste) program, and may be subject to land
disposal restrictions, requiring the waste to be treated prior to
disposal. There are, however, certain exclusions in the RCRA
hazardous waste regulations that may be relevant. First,
household wastes (including household waste that has been
collected, transported, stored, treated, disposed, recovered, or
reused) are excluded from being hazardous wastes. Also,
"conditionally exempt small quantity generators" (generators of
less than 100 kg of hazardous waste per month) are exempt from
hazardous waste regulations, provided that they meet certain
conditions--primarily limits on accumulation. This exclusion is
described at 40 CFR S261.5.

Additionally, state and local regulations may apply. For
details of disposal requirements, contact the appropriate EPA
Regional office (Region 9 for California), as well as state and
local regulatory agencies.

Should you have any further questions regarding spent
antifreeze, please feel free to contact Dave Topping of our Waste
Identification Branch at (202) 382-7737.

Sincerely,

David Bussard
Director
Characterization and
Assessment Division

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