[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2000 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



                    40


          Part 260 to 265

                         Revised as of July 1, 2000

Protection of Environment





          Containing a Codification of documents of general 
          applicability and future effect
          As of July 1, 2000
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

As a Special Edition of the Federal Register



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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2000



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



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                            Table of Contents



                                                                    Page
  Explanation.................................................       0

  Title 40:

          Chapter I--Environmental Protection Agency 
          (Continued).........................................       3

  Finding Aids:

      Material Approved for Incorporation by Reference........     619

      Table of CFR Titles and Chapters........................     621

      Alphabetical List of Agencies Appearing in the CFR......     639

      List of CFR Sections Affected...........................     649



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                     ----------------------------

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus,  40 CFR 260.1 refers 
                       to title 40, part 260, 
                       section 1.

                     ----------------------------

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                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2000), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
info@fedreg.nara.gov.

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2233, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO 
Customer Service call 202-512-1803.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, The United States 
Government Manual, the Federal Register, Public Laws, Public Papers, 
Weekly Compilation of Presidential Documents and the Privacy Act 
Compilation are available in electronic format at www.access.gpo.gov/
nara (``GPO Access''). For more information, contact Electronic 
Information Dissemination Services, U.S. Government Printing Office. 
Phone 202-512-1530, or 888-293-6498 (toll-free). E-mail, 
gpoaccess@gpo.gov.
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.nara.gov/fedreg. The NARA 
site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 2000.



[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of twenty-four 
volumes. The parts in these volumes are arranged in the following order: 
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End), 
parts 53-59, part 60, parts 61-62, part 63 (63.1-63.1199), part 63 
(63.1200-End), parts 64-71, parts 72-80, parts 81-85, part 86, parts 87-
135, parts 136-149, parts 150-189, parts 190-259, parts 260-265, parts 
266-299, parts 300-399, parts 400-424, parts 425-699, parts 700-789, and 
part 790 to End. The contents of these volumes represent all current 
regulations codified under this title of the CFR as of July 1, 2000.

    Chapter I--Environmental Protection Agency appears in all twenty-
four volumes. A Pesticide Tolerance Commodity/Chemical Index appears in 
parts 150-189. A Toxic Substances Chemical--CAS Number Index appears in 
parts 700-789 and part 790 to End. Redesignation Tables appear in the 
volumes containing parts 50-51, parts 150-189, and parts 700-789. 
Regulations issued by the Council on Environmental Quality appear in the 
volume containing part 790 to End. The OMB control numbers for title 40 
appear in Sec. 9.1 of this chapter.

    For this volume, Shelley C. Featherson was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

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[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




                  (This book contains parts 260 to 265)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Environmental Protection Agency (Continued)......         260

[[Page 3]]



                   CHAPTER I--ENVIRONMENTAL PROTECTION






                           AGENCY (CONTINUED)




  --------------------------------------------------------------------

                 SUBCHAPTER I--SOLID WASTES (CONTINUED)
Part                                                                Page
260             Hazardous waste management system: General..           5
261             Identification and listing of hazardous 
                    waste...................................          29
262             Standards applicable to generators of 
                    hazardous waste.........................         140
263             Standards applicable to transporters of 
                    hazardous waste.........................         179
264             Standards for owners and operators of 
                    hazardous waste treatment, storage, and 
                    disposal facilities.....................         183
265             Interim status standards for owners and 
                    operators of hazardous waste treatment, 
                    storage, and disposal facilities........         423

[[Page 5]]





                 SUBCHAPTER I--SOLID WASTES (Continued)





PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL--Table of Contents




                           Subpart A--General

Sec.
260.1  Purpose, scope, and applicability.
260.2  Availability of information; confidentiality of information.
260.3  Use of number and gender.

                         Subpart B--Definitions

260.10  Definitions.
260.11  References.

                     Subpart C--Rulemaking Petitions

260.20  General.
260.21  Petitions for equivalent testing or analytical methods.
260.22  Petitions to amend part 261 to exclude a waste produced at a 
          particular facility.
260.23  Petitions to amend 40 CFR part 273 to include additional 
          hazardous wastes.
260.30  Variances from classification as a solid waste.
260.31  Standards and criteria for variances from classification as a 
          solid waste.
260.32  Variances to be classified as a boiler.
260.33  Procedures for variances from classification as a solid waste or 
          to be classified as a boiler.
260.40  Additional regulation of certain hazardous waste recycling 
          activities on a case-by-case basis.
260.41  Procedures for case-by-case regulation of hazardous waste 
          recycling activities.

Appendix I to Part 260--Overview of Subtitle C Regulations

    Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935, 
6937, 6938, 6939, and 6974.

    Source: 45 FR 33073, May 19, 1980, unless otherwise noted.

    Effective Date Note: The reporting or recordkeeping provisions 
included in the final rule published at 47 FR 32274, July 26, 1982, will 
be submitted for approval to the Office of Management and Budget (OMB), 
and will not become effective until OMB approval has been obtained. EPA 
will publish a notice of the effective date of the reporting and 
recordkeeping provisions of this rule after it obtains OMB approval.



                           Subpart A--General



Sec. 260.1  Purpose, scope, and applicability.

    (a) This part provides definitions of terms, general standards, and 
overview information applicable to parts 260 through 265 and 268 of this 
chapter.
    (b) In this part: (1) Section 260.2 sets forth the rules that EPA 
will use in making information it receives available to the public and 
sets forth the requirements that generators, transporters, or owners or 
operators of treatment, storage, or disposal facilities must follow to 
assert claims of business confidentiality with respect to information 
that is submitted to EPA under parts 260 through 265 and 268 of this 
chapter.
    (2) Section 260.3 establishes rules of grammatical construction for 
parts 260 through 265 and 268 of this chapter.
    (3) Section 260.10 defines terms which are used in parts 260 through 
265 and 268 of this chapter.
    (4) Section 260.20 establishes procedures for petitioning EPA to 
amend, modify, or revoke any provision of parts 260 through 265 and 268 
of this chapter and establishes procedures governing EPA's action on 
such petitions.
    (5) Section 260.21 establishes procedures for petitioning EPA to 
approve testing methods as equivalent to those prescribed in parts 261, 
264, or 265 of this chapter.
    (6) Section 260.22 establishes procedures for petitioning EPA to 
amend subpart D of part 261 to exclude a waste from a particular 
facility.

[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986]



Sec. 260.2  Availability of information; confidentiality of information.

    (a) Any information provided to EPA under parts 260 through 265 and 
268 of this chapter will be made available to the public to the extent 
and in the manner authorized by the Freedom of Information Act, 5 U.S.C. 
section 552, section 3007(b) of RCRA and EPA regulations implementing 
the Freedom of

[[Page 6]]

Information Act and section 3007(b), part 2 of this chapter, as 
applicable.
    (b) Any person who submits information to EPA in accordance with 
parts 260 through 266 and 268 of this chapter may assert a claim of 
business confidentiality covering part or all of that information by 
following the procedures set forth in Sec. 2.203(b) of this chapter. 
Information covered by such a claim will be disclosed by EPA only to the 
extent, and by means of the procedures, set forth in part 2, subpart B, 
of this chapter except that information required by Sec. 262.53(a) and 
Sec. 262.83 that is submitted in a notification of intent to export a 
hazardous waste will be provided to the U.S. Department of State and the 
appropriate authorities in the transit and receiving or importing 
countries regardless of any claims of confidentiality. However, if no 
such claim accompanies the information when it is received by EPA, it 
may be made available to the public without further notice to the person 
submitting it.

[45 FR 33073, May 19, 1980, as amended at 51 FR 28682, Aug. 8, 1986; 51 
FR 40636, Nov. 7, 1986; 61 FR 16309, Apr. 12, 1996]



Sec. 260.3  Use of number and gender.

    As used in parts 260 through 265 and 268 of this chapter:
    (a) Words in the masculine gender also include the feminine and 
neuter genders; and
    (b) Words in the singular include the plural; and
    (c) Words in the plural include the singular.

[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986]



                         Subpart B--Definitions



Sec. 260.10  Definitions.

    When used in parts 260 through 273 of this chapter, the following 
terms have the meanings given below:
    Above ground tank means a device meeting the definition of ``tank'' 
in Sec. 260.10 and that is situated in such a way that the entire 
surface area of the tank is completely above the plane of the adjacent 
surrounding surface and the entire surface area of the tank (including 
the tank bottom) is able to be visually inspected.
    Act or RCRA means the Solid Waste Disposal Act, as amended by the 
Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 
section 6901 et seq.
    Active life of a facility means the period from the initial receipt 
of hazardous waste at the facility until the Regional Administrator 
receives certification of final closure.
    Active portion means that portion of a facility where treatment, 
storage, or disposal operations are being or have been conducted after 
the effective date of part 261 of this chapter and which is not a closed 
portion. (See also ``closed portion'' and ``inactive portion''.)
    Administrator means the Administrator of the Environmental 
Protection Agency, or his designee.
    Ancillary equipment means any device including, but not limited to, 
such devices as piping, fittings, flanges, valves, and pumps, that is 
used to distribute, meter, or control the flow of hazardous waste from 
its point of generation to a storage or treatment tank(s), between 
hazardous waste storage and treatment tanks to a point of disposal 
onsite, or to a point of shipment for disposal off-site.
    Aquifer means a geologic formation, group of formations, or part of 
a formation capable of yielding a significant amount of ground water to 
wells or springs.
    Authorized representative means the person responsible for the 
overall operation of a facility or an operational unit (i.e., part of a 
facility), e.g., the plant manager, superintendent or person of 
equivalent responsibility.
    Battery means a device consisting of one or more electrically 
connected electrochemical cells which is designed to receive, store, and 
deliver electric energy. An electrochemical cell is a system consisting 
of an anode, cathode, and an electrolyte, plus such connections 
(electrical and mechanical) as may be needed to allow the cell to 
deliver or receive electrical energy. The term battery also includes an 
intact, unbroken battery from which the electrolyte has been removed.

[[Page 7]]

    Boiler means an enclosed device using controlled flame combustion 
and having the following characteristics:
    (1)(i) The unit must have physical provisions for recovering and 
exporting thermal energy in the form of steam, heated fluids, or heated 
gases; and
    (ii) The unit's combustion chamber and primary energy recovery 
sections(s) must be of integral design. To be of integral design, the 
combustion chamber and the primary energy recovery section(s) (such as 
waterwalls and superheaters) must be physically formed into one 
manufactured or assembled unit. A unit in which the combustion chamber 
and the primary energy recovery section(s) are joined only by ducts or 
connections carrying flue gas is not integrally designed; however, 
secondary energy recovery equipment (such as economizers or air 
preheaters) need not be physically formed into the same unit as the 
combustion chamber and the primary energy recovery section. The 
following units are not precluded from being boilers solely because they 
are not of integral design: process heaters (units that transfer energy 
directly to a process stream), and fluidized bed combustion units; and
    (iii) While in operation, the unit must maintain a thermal energy 
recovery efficiency of at least 60 percent, calculated in terms of the 
recovered energy compared with the thermal value of the fuel; and
    (iv) The unit must export and utilize at least 75 percent of the 
recovered energy, calculated on an annual basis. In this calculation, no 
credit shall be given for recovered heat used internally in the same 
unit. (Examples of internal use are the preheating of fuel or combustion 
air, and the driving of induced or forced draft fans or feedwater 
pumps); or
    (2) The unit is one which the Regional Administrator has determined, 
on a case-by-case basis, to be a boiler, after considering the standards 
in Sec. 260.32.
    Carbon regeneration unit means any enclosed thermal treatment device 
used to regenerate spent activated carbon.
    Certification means a statement of professional opinion based upon 
knowledge and belief.
    Closed portion means that portion of a facility which an owner or 
operator has closed in accordance with the approved facility closure 
plan and all applicable closure requirements. (See also ``active 
portion'' and ``inactive portion''.)
    Component means either the tank or ancillary equipment of a tank 
system.
    Confined aquifer means an aquifer bounded above and below by 
impermeable beds or by beds of distinctly lower permeability than that 
of the aquifer itself; an aquifer containing confined ground water.
    Container means any portable device in which a material is stored, 
transported, treated, disposed of, or otherwise handled.
    Containment building means a hazardous waste management unit that is 
used to store or treat hazardous waste under the provisions of subpart 
DD of parts 264 or 265 of this chapter.
    Contingency plan means a document setting out an organized, planned, 
and coordinated course of action to be followed in case of a fire, 
explosion, or release of hazardous waste or hazardous waste constituents 
which could threaten human health or the environment.
    Corrective action management unit (CAMU) means an area within a 
facility that is used only for managing remediation wastes for 
implementing corrective action or cleanup at the facility.
    Corrosion expert means a person who, by reason of his knowledge of 
the physical sciences and the principles of engineering and mathematics, 
acquired by a professional education and related practical experience, 
is qualified to engage in the practice of corrosion control on buried or 
submerged metal piping systems and metal tanks. Such a person must be 
certified as being qualified by the National Association of Corrosion 
Engineers (NACE) or be a registered professional engineer who has 
certification or licensing that includes education and experience in 
corrosion control on buried or submerged metal piping systems and metal 
tanks.
    Designated facility means a hazardous waste treatment, storage, or 
disposal facility which (1) has received a permit (or interim status) in 
accordance with the requirements of parts 270 and 124 of this chapter, 
(2) has received a permit

[[Page 8]]

(or interim status) from a State authorized in accordance with part 271 
of this chapter, or (3) is regulated under Sec. 261.6(c)(2) or subpart F 
of part 266 of this chapter, and (4) that has been designated on the 
manifest by the generator pursuant to Sec. 260.20. If a waste is 
destined to a facility in an authorized State which has not yet obtained 
authorization to regulate that particular waste as hazardous, then the 
designated facility must be a facility allowed by the receiving State to 
accept such waste.
    Destination facility means a facility that treats, disposes of, or 
recycles a particular category of universal waste, except those 
management activities described in paragraphs (a) and (c) of 
Secs. 273.13 and 273.33 of this chapter. A facility at which a 
particular category of universal waste is only accumulated, is not a 
destination facility for purposes of managing that category of universal 
waste.
    Dike means an embankment or ridge of either natural or man-made 
materials used to prevent the movement of liquids, sludges, solids, or 
other materials.
    Dioxins and furans (D/F) means tetra, penta, hexa, hepta, and octa-
chlorinated dibenzo dioxins and furans.
    Discharge or hazardous waste discharge means the accidental or 
intentional spilling, leaking, pumping, pouring, emitting, emptying, or 
dumping of hazardous waste into or on any land or water.
    Disposal means the discharge, deposit, injection, dumping, spilling, 
leaking, or placing of any solid waste or hazardous waste into or on any 
land or water so that such solid waste or hazardous waste or any 
constituent thereof may enter the environment or be emitted into the air 
or discharged into any waters, including ground waters.
    Disposal facility means a facility or part of a facility at which 
hazardous waste is intentionally placed into or on any land or water, 
and at which waste will remain after closure. The term disposal facility 
does not include a corrective action management unit into which 
remediation wastes are placed.
    Drip pad is an engineered structure consisting of a curbed, free-
draining base, constructed of non-earthen materials and designed to 
convey preservative kick-back or drippage from treated wood, 
precipitation, and surface water run-on to an associated collection 
system at wood preserving plants.
    Elementary neutralization unit means a device which:
    (1) Is used for neutralizing wastes that are hazardous only because 
they exhibit the corrosivity characteristic defined in Sec. 261.22 of 
this chapter, or they are listed in subpart D of part 261 of the chapter 
only for this reason; and
    (2) Meets the definition of tank, tank system, container, transport 
vehicle, or vessel in Sec. 260.10 of this chapter.
    EPA hazardous waste number means the number assigned by EPA to each 
hazardous waste listed in part 261, subpart D, of this chapter and to 
each characteristic identified in part 261, subpart C, of this chapter.
    EPA identification number means the number assigned by EPA to each 
generator, transporter, and treatment, storage, or disposal facility.
    EPA region means the states and territories found in any one of the 
following ten regions:
Region I--Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and 
Rhode Island.
Region II--New York, New Jersey, Commonwealth of Puerto Rico, and the 
U.S. Virgin Islands.
Region III--Pennsylvania, Delaware, Maryland, West Virginia, Virginia, 
and the District of Columbia.
Region IV--Kentucky, Tennessee, North Carolina, Mississippi, Alabama, 
Georgia, South Carolina, and Florida.
Region V--Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio.
Region VI--New Mexico, Oklahoma, Arkansas, Louisiana, and Texas.
Region VII--Nebraska, Kansas, Missouri, and Iowa.
Region VIII--Montana, Wyoming, North Dakota, South Dakota, Utah, and 
Colorado.
Region IX--California, Nevada, Arizona, Hawaii, Guam, American Samoa, 
Commonwealth of the Northern Mariana Islands.
Region X--Washington, Oregon, Idaho, and Alaska.
    Equivalent method means any testing or analytical method approved by 
the Administrator under Secs. 260.20 and 260.21.
    Existing hazardous waste management (HWM) facility or existing 
facility means a facility which was in operation or for which 
construction commenced on or

[[Page 9]]

before November 19, 1980. A facility has commenced construction if:
    (1) The owner or operator has obtained the Federal, State and local 
approvals or permits necessary to begin physical construction; and 
either
    (2)(i) A continuous on-site, physical construction program has 
begun; or
    (ii) The owner or operator has entered into contractual 
obligations--which cannot be cancelled or modified without substantial 
loss--for physical construction of the facility to be completed within a 
reasonable time.
    Existing portion means that land surface area of an existing waste 
management unit, included in the original Part A permit application, on 
which wastes have been placed prior to the issuance of a permit.
    Existing tank system or existing component means a tank system or 
component that is used for the storage or treatment of hazardous waste 
and that is in operation, or for which installation has commenced on or 
prior to July 14, 1986. Installation will be considered to have 
commenced if the owner or operator has obtained all Federal, State, and 
local approvals or permits necessary to begin physical construction of 
the site or installation of the tank system and if either (1) a 
continuous on-site physical construction or installation program has 
begun, or (2) the owner or operator has entered into contractual 
obligations--which cannot be canceled or modified without substantial 
loss--for physical construction of the site or installation of the tank 
system to be completed within a reasonable time.
    Explosives or munitions emergency means a situation involving the 
suspected or detected presence of unexploded ordnance (UXO), damaged or 
deteriorated explosives or munitions, an improvised explosive device 
(IED), other potentially explosive material or device, or other 
potentially harmful military chemical munitions or device, that creates 
an actual or potential imminent threat to human health, including 
safety, or the environment, including property, as determined by an 
explosives or munitions emergency response specialist. Such situations 
may require immediate and expeditious action by an explosives or 
munitions emergency response specialist to control, mitigate, or 
eliminate the threat.
    Explosives or munitions emergency response means all immediate 
response activities by an explosives and munitions emergency response 
specialist to control, mitigate, or eliminate the actual or potential 
threat encountered during an explosives or munitions emergency. An 
explosives or munitions emergency response may include in-place render-
safe procedures, treatment or destruction of the explosives or munitions 
and/or transporting those items to another location to be rendered safe, 
treated, or destroyed. Any reasonable delay in the completion of an 
explosives or munitions emergency response caused by a necessary, 
unforeseen, or uncontrollable circumstance will not terminate the 
explosives or munitions emergency. Explosives and munitions emergency 
responses can occur on either public or private lands and are not 
limited to responses at RCRA facilities.
    Explosives or munitions emergency response specialist means an 
individual trained in chemical or conventional munitions or explosives 
handling, transportation, render-safe procedures, or destruction 
techniques. Explosives or munitions emergency response specialists 
include Department of Defense (DOD) emergency explosive ordnance 
disposal (EOD), technical escort unit (TEU), and DOD-certified civilian 
or contractor personnel; and other Federal, State, or local government, 
or civilian personnel similarly trained in explosives or munitions 
emergency responses.
    Facility means:
    (1) All contiguous land, and structures, other appurtenances, and 
improvements on the land, used for treating, storing, or disposing of 
hazardous waste. A facility may consist of several treatment, storage, 
or disposal operational units (e.g., one or more landfills, surface 
impoundments, or combinations of them).
    (2) For the purpose of implementing corrective action under 
Sec. 264.101, all contiguous property under the control

[[Page 10]]

of the owner or operator seeking a permit under subtitle C of RCRA. This 
definition also applies to facilities implementing corrective action 
under RCRA Section 3008(h).
    (3) Notwithstanding paragraph (2) of this definition, a remediation 
waste management site is not a facility that is subject to 40 CFR 
264.101, but is subject to corrective action requirements if the site is 
located within such a facility.
    Federal agency means any department, agency, or other 
instrumentality of the Federal Government, any independent agency or 
establishment of the Federal Government including any Government 
corporation, and the Government Printing Office.
    Federal, State and local approvals or permits necessary to begin 
physical construction means permits and approvals required under 
Federal, State or local hazardous waste control statutes, regulations or 
ordinances.
    Final closure means the closure of all hazardous waste management 
units at the facility in accordance with all applicable closure 
requirements so that hazardous waste management activities under parts 
264 and 265 of this chapter are no longer conducted at the facility 
unless subject to the provisions in Sec. 262.34.
    Food-chain crops means tobacco, crops grown for human consumption, 
and crops grown for feed for animals whose products are consumed by 
humans.
    Free liquids means liquids which readily separate from the solid 
portion of a waste under ambient temperature and pressure.
    Freeboard means the vertical distance between the top of a tank or 
surface impoundment dike, and the surface of the waste contained 
therein.
    Generator means any person, by site, whose act or process produces 
hazardous waste identified or listed in part 261 of this chapter or 
whose act first causes a hazardous waste to become subject to 
regulation.
    Ground water means water below the land surface in a zone of 
saturation.
    Hazardous waste means a hazardous waste as defined in Sec. 261.3 of 
this chapter.
    Hazardous waste constituent means a constituent that caused the 
Administrator to list the hazardous waste in part 261, subpart D, of 
this chapter, or a constituent listed in table 1 of Sec. 261.24 of this 
chapter.
    Hazardous waste management unit is a contiguous area of land on or 
in which hazardous waste is placed, or the largest area in which there 
is significant likelihood of mixing hazardous waste constituents in the 
same area. Examples of hazardous waste management units include a 
surface impoundment, a waste pile, a land treatment area, a landfill 
cell, an incinerator, a tank and its associated piping and underlying 
containment system and a container storage area. A container alone does 
not constitute a unit; the unit includes containers and the land or pad 
upon which they are placed.
    In operation refers to a facility which is treating, storing, or 
disposing of hazardous waste.
    Inactive portion means that portion of a facility which is not 
operated after the effective date of part 261 of this chapter. (See also 
``active portion'' and ``closed portion''.)
    Incinerator means any enclosed device that:
    (1) Uses controlled flame combustion and neither meets the criteria 
for classification as a boiler, sludge dryer, or carbon regeneration 
unit, nor is listed as an industrial furnace; or
    (2) Meets the definition of infrared incinerator or plasma arc 
incinerator.
    Incompatible waste means a hazardous waste which is unsuitable for:
    (1) Placement in a particular device or facility because it may 
cause corrosion or decay of containment materials (e.g., container inner 
liners or tank walls); or
    (2) Commingling with another waste or material under uncontrolled 
conditions because the commingling might produce heat or pressure, fire 
or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or 
flammable fumes or gases.


(See part 265, appendix V, of this chapter for examples.)

    Individual generation site means the contiguous site at or on which 
one or more hazardous wastes are generated. An individual generation 
site, such as a

[[Page 11]]

large manufacturing plant, may have one or more sources of hazardous 
waste but is considered a single or individual generation site if the 
site or property is contiguous.
    Industrial furnace means any of the following enclosed devices that 
are integral components of manufacturing processes and that use thermal 
treatment to accomplish recovery of materials or energy:
    (1) Cement kilns
    (2) Lime kilns
    (3) Aggregate kilns
    (4) Phosphate kilns
    (5) Coke ovens
    (6) Blast furnaces
    (7) Smelting, melting and refining furnaces (including 
pyrometallurgical devices such as cupolas, reverberator furnaces, 
sintering machine, roasters, and foundry furnaces)
    (8) Titanium dioxide chloride process oxidation reactors
    (9) Methane reforming furnaces
    (10) Pulping liquor recovery furnaces
    (11) Combustion devices used in the recovery of sulfur values from 
spent sulfuric acid
    (12) Halogen acid furnaces (HAFs) for the production of acid from 
halogenated hazardous waste generated by chemical production facilities 
where the furnace is located on the site of a chemical production 
facility, the acid product has a halogen acid content of at least 3%, 
the acid product is used in a manufacturing process, and, except for 
hazardous waste burned as fuel, hazardous waste fed to the furnace has a 
minimum halogen content of 20% as-generated.
    (13) Such other devices as the Administrator may, after notice and 
comment, add to this list on the basis of one or more of the following 
factors:
    (i) The design and use of the device primarily to accomplish 
recovery of material products;
    (ii) The use of the device to burn or reduce raw materials to make a 
material product;
    (iii) The use of the device to burn or reduce secondary materials as 
effective substitutes for raw materials, in processes using raw 
materials as principal feedstocks;
    (iv) The use of the device to burn or reduce secondary materials as 
ingredients in an industrial process to make a material product;
    (v) The use of the device in common industrial practice to produce a 
material product; and
    (vi) Other factors, as appropriate.
    Infrared incinerator means any enclosed device that uses electric 
powered resistance heaters as a source of radiant heat followed by an 
afterburner using controlled flame combustion and which is not listed as 
an industrial furnace.
    Inground tank means a device meeting the definition of ``tank'' in 
Sec. 260.10 whereby a portion of the tank wall is situated to any degree 
within the ground, thereby preventing visual inspection of that external 
surface area of the tank that is in the ground.
    Injection well means a well into which fluids are injected. (See 
also ``underground injection''.)
    Inner liner means a continuous layer of material placed inside a 
tank or container which protects the construction materials of the tank 
or container from the contained waste or reagents used to treat the 
waste.
    Installation inspector means a person who, by reason of his 
knowledge of the physical sciences and the principles of engineering, 
acquired by a professional education and related practical experience, 
is qualified to supervise the installation of tank systems.
    International shipment means the transportation of hazardous waste 
into or out of the jurisdiction of the United States.
    Lamp, also referred to as ``universal waste lamp'', is defined as 
the bulb or tube portion of an electric lighting device. A lamp is 
specifically designed to produce radiant energy, most often in the 
ultraviolet, visible, and infra-red regions of the electromagnetic 
spectrum. Examples of common universal waste electric lamps include, but 
are not limited to, fluorescent, high intensity discharge, neon, mercury 
vapor, high pressure sodium, and metal halide lamps.
    Landfill means a disposal facility or part of a facility where 
hazardous waste is placed in or on land and which is not a pile, a land 
treatment facility,

[[Page 12]]

a surface impoundment, an underground injection well, a salt dome 
formation, a salt bed formation, an underground mine, a cave, or a 
corrective action management unit.
    Landfill cell means a discrete volume of a hazardous waste landfill 
which uses a liner to provide isolation of wastes from adjacent cells or 
wastes. Examples of landfill cells are trenches and pits.
    Land treatment facility means a facility or part of a facility at 
which hazardous waste is applied onto or incorporated into the soil 
surface; such facilities are disposal facilities if the waste will 
remain after closure.
    Leachate means any liquid, including any suspended components in the 
liquid, that has percolated through or drained from hazardous waste.
    Leak-detection system means a system capable of detecting the 
failure of either the primary or secondary containment structure or the 
presence of a release of hazardous waste or accumulated liquid in the 
secondary containment structure. Such a system must employ operational 
controls (e.g., daily visual inspections for releases into the secondary 
containment system of aboveground tanks) or consist of an interstitial 
monitoring device designed to detect continuously and automatically the 
failure of the primary or secondary containment structure or the 
presence of a release of hazardous waste into the secondary containment 
structure.
    Liner means a continuous layer of natural or man-made materials, 
beneath or on the sides of a surface impoundment, landfill, or landfill 
cell, which restricts the downward or lateral escape of hazardous waste, 
hazardous waste constituents, or leachate.
    Management or hazardous waste management means the systematic 
control of the collection, source separation, storage, transportation, 
processing, treatment, recovery, and disposal of hazardous waste.
    Manifest means the shipping document EPA form 8700-22 and, if 
necessary, EPA form 8700-22A, originated and signed by the generator in 
accordance with the instructions included in the appendix to part 262.
    Manifest document number means the U.S. EPA twelve digit 
identification number assigned to the generator plus a unique five digit 
document number assigned to the Manifest by the generator for recording 
and reporting purposes.
    Military munitions means all ammunition products and components 
produced or used by or for the U.S. Department of Defense or the U.S. 
Armed Services for national defense and security, including military 
munitions under the control of the Department of Defense, the U.S. Coast 
Guard, the U.S. Department of Energy (DOE), and National Guard 
personnel. The term military munitions includes: confined gaseous, 
liquid, and solid propellants, explosives, pyrotechnics, chemical and 
riot control agents, smokes, and incendiaries used by DOD components, 
including bulk explosives and chemical warfare agents, chemical 
munitions, rockets, guided and ballistic missiles, bombs, warheads, 
mortar rounds, artillery ammunition, small arms ammunition, grenades, 
mines, torpedoes, depth charges, cluster munitions and dispensers, 
demolition charges, and devices and components thereof. Military 
munitions do not include wholly inert items, improvised explosive 
devices, and nuclear weapons, nuclear devices, and nuclear components 
thereof. However, the term does include non-nuclear components of 
nuclear devices, managed under DOE's nuclear weapons program after all 
required sanitization operations under the Atomic Energy Act of 1954, as 
amended, have been completed.
    Mining overburden returned to the mine site means any material 
overlying an economic mineral deposit which is removed to gain access to 
that deposit and is then used for reclamation of a surface mine.
    Miscellaneous unit means a hazardous waste management unit where 
hazardous waste is treated, stored, or disposed of and that is not a 
container, tank, surface impoundment, pile, land treatment unit, 
landfill, incinerator, boiler, industrial furnace, underground injection 
well with appropriate technical standards under part 146 of this

[[Page 13]]

chapter, containment building, corrective action management unit, unit 
eligible for a research, development, and demonstration permit under 40 
CFR 270.65, or staging pile.
    Movement means that hazardous waste transported to a facility in an 
individual vehicle.
    New hazardous waste management facility or new facility means a 
facility which began operation, or for which construction commenced 
after October 21, 1976. (See also ``Existing hazardous waste management 
facility''.)
    New tank system or new tank component means a tank system or 
component that will be used for the storage or treatment of hazardous 
waste and for which installation has commenced after July 14, 1986; 
except, however, for purposes of Sec. 264.193(g)(2) and 
Sec. 265.193(g)(2), a new tank system is one for which construction 
commences after July 14, 1986. (See also ``existing tank system.'')
    On ground tank means a device meeting the definition of ``tank'' in 
Sec. 260.10 and that is situated in such a way that the bottom of the 
tank is on the same level as the adjacent surrounding surface so that 
the external tank bottom cannot be visually inspected.
    On-site means the same or geographically contiguous property which 
may be divided by public or private right-of-way, provided the entrance 
and exit between the properties is at a cross-roads intersection, and 
access is by crossing as opposed to going along, the right-of-way. Non-
contiguous properties owned by the same person but connected by a right-
of-way which he controls and to which the public does not have access, 
is also considered on-site property.
    Open burning means the combustion of any material without the 
following characteristics:
    (1) Control of combustion air to maintain adequate temperature for 
efficient combustion,
    (2) Containment of the combustion-reaction in an enclosed device to 
provide sufficient residence time and mixing for complete combustion, 
and
    (3) Control of emission of the gaseous combustion products.
    (See also ``incineration'' and ``thermal treatment''.)
    Operator means the person responsible for the overall operation of a 
facility.
    Owner means the person who owns a facility or part of a facility.
    Partial closure means the closure of a hazardous waste management 
unit in accordance with the applicable closure requirements of parts 264 
and 265 of this chapter at a facility that contains other active 
hazardous waste management units. For example, partial closure may 
include the closure of a tank (including its associated piping and 
underlying containment systems), landfill cell, surface impoundment, 
waste pile, or other hazardous waste management unit, while other units 
of the same facility continue to operate.
    Person means an individual, trust, firm, joint stock company, 
Federal Agency, corporation (including a government corporation), 
partnership, association, State, municipality, commission, political 
subdivision of a State, or any interstate body.
    Personnel or facility personnel means all persons who work, at, or 
oversee the operations of, a hazardous waste facility, and whose actions 
or failure to act may result in noncompliance with the requirements of 
part 264 or 265 of this chapter.
    Pesticide means any substance or mixture of substances intended for 
preventing, destroying, repelling, or mitigating any pest, or intended 
for use as a plant regulator, defoliant, or desiccant, other than any 
article that:
    (1) Is a new animal drug under FFDCA section 201(w), or
    (2) Is an animal drug that has been determined by regulation of the 
Secretary of Health and Human Services not to be a new animal drug, or
    (3) Is an animal feed under FFDCA section 201(x) that bears or 
contains any substances described by paragraph (1) or (2) of this 
definition.
    Pile means any non-containerized accumulation of solid, nonflowing 
hazardous waste that is used for treatment or storage and that is not a 
containment building.
    Plasma arc incinerator means any enclosed device using a high 
intensity electrical discharge or arc as a source of heat followed by an 
afterburner using controlled flame combustion and

[[Page 14]]

which is not listed as an industrial furnace.
    Point source means any discernible, confined, and discrete 
conveyance, including, but not limited to any pipe, ditch, channel, 
tunnel, conduit, well, discrete fissure, container, rolling stock, 
concentrated animal feeding operation, or vessel or other floating 
craft, from which pollutants are or may be discharged. This term does 
not include return flows from irrigated agriculture.
    Publicly owned treatment works or POTW means any device or system 
used in the treatment (including recycling and reclamation) of municipal 
sewage or industrial wastes of a liquid nature which is owned by a 
``State'' or ``municipality'' (as defined by section 502(4) of the CWA). 
This definition includes sewers, pipes, or other conveyances only if 
they convey wastewater to a POTW providing treatment.
    Qualified Ground-Water Scientist means a scientist or engineer who 
has received a baccalaureate or post-graduate degree in the natural 
sciences or engineering, and has sufficient training and experience in 
ground-water hydrology and related fields as may be demonstrated by 
state registration, professional certifications, or completion of 
accredited university courses that enable that individual to make sound 
professional judgements regarding ground-water monitoring and 
contaminant fate and transport.
    Regional Administrator means the Regional Administrator for the EPA 
Region in which the facility is located, or his designee.
    Remediation waste means all solid and hazardous wastes, and all 
media (including groundwater, surface water, soils, and sediments) and 
debris that contain listed hazardous wastes or that themselves exhibit a 
hazardous characteristic and are managed for implementing cleanup.
    Remediation waste management site means a facility where an owner or 
operator is or will be treating, storing or disposing of hazardous 
remediation wastes. A remediation waste management site is not a 
facility that is subject to corrective action under 40 CFR 264.101, but 
is subject to corrective action requirements if the site is located in 
such a facility.
    Replacement unit means a landfill, surface impoundment, or waste 
pile unit (1) from which all or substantially all of the waste is 
removed, and (2) that is subsequently reused to treat, store, or dispose 
of hazardous waste. ``Replacement unit'' does not apply to a unit from 
which waste is removed during closure, if the subsequent reuse solely 
involves the disposal of waste from that unit and other closing units or 
corrective action areas at the facility, in accordance with an approved 
closure plan or EPA or State approved corrective action.
    Representative sample means a sample of a universe or whole (e.g., 
waste pile, lagoon, ground water) which can be expected to exhibit the 
average properties of the universe or whole.
    Run-off means any rainwater, leachate, or other liquid that drains 
over land from any part of a facility.
    Run-on means any rainwater, leachate, or other liquid that drains 
over land onto any part of a facility.
    Saturated zone or zone of saturation means that part of the earth's 
crust in which all voids are filled with water.
    Sludge means any solid, semi-solid, or liquid waste generated from a 
municipal, commercial, or industrial wastewater treatment plant, water 
supply treatment plant, or air pollution control facility exclusive of 
the treated effluent from a wastewater treatment plant.
    Sludge dryer means any enclosed thermal treatment device that is 
used to dehydrate sludge and that has a maximum total thermal input, 
excluding the heating value of the sludge itself, of 2,500 Btu/lb of 
sludge treated on a wet-weight basis.
    Small Quantity Generator means a generator who generates less than 
1000 kg of hazardous waste in a calendar month.
    Solid waste means a solid waste as defined in Sec. 261.2 of this 
chapter.
    Sorbent means a material that is used to soak up free liquids by 
either adsorption or absorption, or both. Sorb means to either adsorb or 
absorb, or both.
    Staging pile means an accumulation of solid, non-flowing remediation 
waste

[[Page 15]]

(as defined in this section) that is not a containment building and that 
is used only during remedial operations for temporary storage at a 
facility. Staging piles must be designated by the Director according to 
the requirements of 40 CFR 264.554.
    State means any of the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Islands.
    Storage means the holding of hazardous waste for a temporary period, 
at the end of which the hazardous waste is treated, disposed of, or 
stored elsewhere.
    Sump means any pit or reservoir that meets the definition of tank 
and those troughs/trenches connected to it that serve to collect 
hazardous waste for transport to hazardous waste storage, treatment, or 
disposal facilities; except that as used in the landfill, surface 
impoundment, and waste pile rules, ``sump'' means any lined pit or 
reservoir that serves to collect liquids drained from a leachate 
collection and removal system or leak detection system for subsequent 
removal from the system.
    Surface impoundment or impoundment means a facility or part of a 
facility which is a natural topographic depression, man-made excavation, 
or diked area formed primarily of earthen materials (although it may be 
lined with man-made materials), which is designed to hold an 
accumulation of liquid wastes or wastes containing free liquids, and 
which is not an injection well. Examples of surface impoundments are 
holding, storage, settling, and aeration pits, ponds, and lagoons.
    Tank means a stationary device, designed to contain an accumulation 
of hazardous waste which is constructed primarily of non-earthen 
materials (e.g., wood, concrete, steel, plastic) which provide 
structural support.
    Tank system means a hazardous waste storage or treatment tank and 
its associated ancillary equipment and containment system.
    TEQ means toxicity equivalence, the international method of relating 
the toxicity of various dioxin/furan congeners to the toxicity of 
2,3,7,8-tetrachlorodibenzo-p-dioxin.
    Thermal treatment means the treatment of hazardous waste in a device 
which uses elevated temperatures as the primary means to change the 
chemical, physical, or biological character or composition of the 
hazardous waste. Examples of thermal treatment processes are 
incineration, molten salt, pyrolysis, calcination, wet air oxidation, 
and microwave discharge. (See also ``incinerator'' and ``open 
burning''.)
    Thermostat means a temperature control device that contains metallic 
mercury in an ampule attached to a bimetal sensing element, and mercury-
containing ampules that have been removed from these temperature control 
devices in compliance with the requirements of 40 CFR 273.13(c)(2) or 
273.33(c)(2).
    Totally enclosed treatment facility means a facility for the 
treatment of hazardous waste which is directly connected to an 
industrial production process and which is constructed and operated in a 
manner which prevents the release of any hazardous waste or any 
constituent thereof into the environment during treatment. An example is 
a pipe in which waste acid is neutralized.
    Transfer facility means any transportation related facility 
including loading docks, parking areas, storage areas and other similar 
areas where shipments of hazardous waste are held during the normal 
course of transportation.
    Transport vehicle means a motor vehicle or rail car used for the 
transportation of cargo by any mode. Each cargo-carrying body (trailer, 
railroad freight car, etc.) is a separate transport vehicle.
    Transportation means the movement of hazardous waste by air, rail, 
highway, or water.
    Transporter means a person engaged in the offsite transportation of 
hazardous waste by air, rail, highway, or water.
    Treatability Study means a study in which a hazardous waste is 
subjected to a treatment process to determine: (1) Whether the waste is 
amenable to the treatment process, (2) what pretreatment (if any) is 
required, (3) the optimal process conditions needed to achieve the 
desired treatment, (4)

[[Page 16]]

the efficiency of a treatment process for a specific waste or wastes, or 
(5) the characteristics and volumes of residuals from a particular 
treatment process. Also included in this definition for the purpose of 
the Sec. 261.4 (e) and (f) exemptions are liner compatibility, 
corrosion, and other material compatibility studies and toxicological 
and health effects studies. A ``treatability study'' is not a means to 
commercially treat or dispose of hazardous waste.
    Treatment means any method, technique, or process, including 
neutralization, designed to change the physical, chemical, or biological 
character or composition of any hazardous waste so as to neutralize such 
waste, or so as to recover energy or material resources from the waste, 
or so as to render such waste non-hazardous, or less hazardous; safer to 
transport, store, or dispose of; or amenable for recovery, amenable for 
storage, or reduced in volume.
    Treatment zone means a soil area of the unsaturated zone of a land 
treatment unit within which hazardous constituents are degraded, 
transformed, or immobilized.
    Underground injection means the subsurface emplacement of fluids 
through a bored, drilled or driven well; or through a dug well, where 
the depth of the dug well is greater than the largest surface dimension. 
(See also ``injection well''.)
    Underground tank means a device meeting the definition of ``tank'' 
in Sec. 260.10 whose entire surface area is totally below the surface of 
and covered by the ground.
    Unfit-for use tank system means a tank system that has been 
determined through an integrity assessment or other inspection to be no 
longer capable of storing or treating hazardous waste without posing a 
threat of release of hazardous waste to the environment.
    Unsaturated zone or zone of aeration means the zone between the land 
surface and the water table.
    United States means the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American 
Samoa, and the Commonwealth of the Northern Mariana Islands.
    Universal Waste means any of the following hazardous wastes that are 
managed under the universal waste requirements of part Sec. 273 of this 
chapter:
    (1) Batteries as described in Sec. 273.2 of this chapter;
    (2) Pesticides as described in Sec. 273.3 of this chapter;
    (3) Thermostats as described in Sec. 273.4 of this chapter; and
    (4) Lamps as described in Sec. 273.5 of this chapter.
    Universal Waste Handler:
    (1) Means:
    (i) A generator (as defined in this section) of universal waste; or
    (ii) The owner or operator of a facility, including all contiguous 
property, that receives universal waste from other universal waste 
handlers, accumulates universal waste, and sends universal waste to 
another universal waste handler, to a destination facility, or to a 
foreign destination.
    (2) Does not mean:
    (i) A person who treats (except under the provisions of 40 CFR 
273.13 (a) or (c), or 273.33 (a) or (c)), disposes of, or recycles 
universal waste; or
    (ii) A person engaged in the off-site transportation of universal 
waste by air, rail, highway, or water, including a universal waste 
transfer facility.
    Universal Waste Transporter means a person engaged in the off-site 
transportation of universal waste by air, rail, highway, or water.
    Uppermost aquifer means the geologic formation nearest the natural 
ground surface that is an aquifer, as well as lower aquifers that are 
hydraulically interconnected with this aquifer within the facility's 
property boundary.
    Used oil means any oil that has been refined from crude oil, or any 
synthetic oil, that has been used and as a result of such use in 
contaminated by physical or chemical impurities.
    Vessel includes every description of watercraft, used or capable of 
being used as a means of transportation on the water.
    Wastewater treatment unit means a device which:
    (1) Is part of a wastewater treatment facility that is subject to 
regulation under either section 402 or 307(b) of the Clean Water Act; 
and

[[Page 17]]

    (2) Receives and treats or stores an influent wastewater that is a 
hazardous waste as defined in Sec. 261.3 of this chapter, or that 
generates and accumulates a wastewater treatment sludge that is a 
hazardous waste as defined in Sec. 261.3 of this chapter, or treats or 
stores a wastewater treatment sludge which is a hazardous waste as 
defined in Sec. 261.3 of this Chapter; and
    (3) Meets the definition of tank or tank system in Sec. 260.10 of 
this chapter.
    Water (bulk shipment) means the bulk transportation of hazardous 
waste which is loaded or carried on board a vessel without containers or 
labels.
    Well means any shaft or pit dug or bored into the earth, generally 
of a cylindrical form, and often walled with bricks or tubing to prevent 
the earth from caving in.
    Well injection: (See ``underground injection''.)
    Zone of engineering control means an area under the control of the 
owner/operator that, upon detection of a hazardous waste release, can be 
readily cleaned up prior to the release of hazardous waste or hazardous 
constituents to ground water or surface water.


[45 FR 33073, May 19, 1980]


    Editorial Note: For Federal Register citations affecting 
Sec. 260.10, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 260.11  References.

    (a) When used in parts 260 through 270 of this chapter, the 
following publications are incorporated by reference:
    (1) ``ASTM Standard Test Methods for Flash Point of Liquids by 
Setaflash Closed Tester,'' ASTM Standard D-3278-78, available from 
American Society for Testing and Materials, 1916 Race Street, 
Philadelphia, PA 19103.
    (2) ``ASTM Standard Test Methods for Flash Point by Pensky-Martens 
Closed Tester,'' ASTM Standard D-93-79 or D-93-80. D-93-80 is available 
from American Society for Testing and Materials, 1916 Race Street, 
Philadelphia, PA 19103.
    (3) ``ASTM Standard Method for Analysis of Reformed Gas by Gas 
Chromatography,'' ASTM Standard D-1946-82, available from American 
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 
19103.
    (4) ``ASTM Standard Test Method for Heat of Combustion of 
Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method),'' ASTM 
Standard D 2382-83, available from American Society for Testing and 
Materials, 1916 Race Street, Philadelphia, PA 19103.
    (5) ``ASTM Standard Practices for General Techniques of Ultraviolet-
Visible Quantitative Analysis,'' ASTM Standard E 169-87 available from 
American Society for Testing and Materials, 1916 Race Street, 
Philadelphia, PA 19103.
    (6) ``ASTM Standard Practices for General Techniques of Infrared 
Quantitative Analysis,'' ASTM Standard E 168-88, available from American 
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 
19103.
    (7) ``ASTM Standard Practice for Packed Column Gas Chromatography,'' 
ASTM Standard E 260-85, available from American Society for Testing and 
Materials, 1916 Race Street, Philadelphia, PA 19103.
    (8) ``ASTM Standard Test Method for Aromatics in Light Naphthas and 
Aviation Gasolines by Gas Chromatography,'' ASTM Standard D 2267-88, 
available from American Society for Testing and Materials, 1916 Race 
Street, Philadelphia, PA 19103.
    (9) ``APTI Course 415: Control of Gaseous Emissions,'' EPA 
Publication EPA-450/2-81-005, December 1981, available from National 
Technical Information Service, 5285 Port Royal Road, Springfield, VA 
22161.
    (10) ``Flammable and Combustible Liquids Code'' (1977 or 1981), 
available from the National Fire Protection Association, 470 Atlantic 
Avenue, Boston, MA 02210.
    (11) ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication SW-846 [Third Edition (November 1986), as 
amended by Updates I (dated July 1992), II (dated September 1994), IIA 
(dated August 1993), IIB (dated January 1995), III (dated December 1996) 
and IIIA (dated April 1998)]. The Third Edition of SW-846 and Updates I, 
II, IIA, IIB, and III (document number 955-001-00000-1) are available 
from the Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402, (202) 512-1800. Update IIIA is available through 
EPA's Methods Information Communication Exchange (MICE) Service. MICE 
can be contacted by phone at (703) 821-4690. Update IIIA can also be 
obtained by contacting the U.S. Environmental Protection Agency, Office 
of Solid Waste (5307W), OSW Methods Team, 401 M Street, SW, Washington, 
DC, 20460. Copies of the Third Edition and all of its updates are also 
available from the National Technical Information Service (NTIS), 5285 
Port Royal Road, Springfield, VA 22161, (703) 605-6000 or (800) 553-
6847. Copies may be inspected at the Library, U.S. Environmental 
Protection Agency, 401 M Street, SW, Washington, DC 20460; or at the 
Office of the Federal Register, 800 North Capitol Street, NW, suite 700, 
Washington, DC.
    (12) ``Screening Procedures for Estimating the Air Quality Impact of 
Stationary

[[Page 18]]

Sources, Revised'', October 1992, EPA Publication No. EPA-450/R-92-019, 
Environmental Protection Agency, Research Triangle Park, NC.
    (13) ``ASTM Standard Test Methods for Preparing Refuse-Derived Fuel 
(RDF) Samples for Analyses of Metals,'' ASTM Standard E926-88, Test 
Method C--Bomb, Acid Digestion Method, available from American Society 
for Testing Materials, 1916 Race Street, Philadelphia, PA 19103.
    (14) ``API Publication 2517, Third Edition'', February 1989, 
``Evaporative Loss from External Floating-Roof Tanks,'' available from 
the American Petroleum Institute, 1220 L Street, Northwest, Washington, 
DC 20005.
    (15) ``ASTM Standard Test Method for Vapor Pressure--Temperature 
Relationship and Initial Decomposition Temperature of Liquids by 
Isoteniscope,'' ASTM Standard D 2879-92, available from American Society 
for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, PA 
19103.
    (16) Method 1664, Revision A, n-Hexane Extractable Material (HEM; 
Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material 
(SGT-HEM; Non-polar Material) by Extraction and Gravimetry. Available at 
NTIS, PB99-121949, U.S. Department of Commerce, 5285 Port Royal, 
Springfield, Virginia 22161.
    (b) The references listed in paragraph (a) of this section are also 
available for inspection at the Office of the Federal Register, 800 
North Capitol Street, NW., Suite 700, Washington, DC. These 
incorporations by reference were approved by the Director of the Federal 
Register. These materials are incorporated as they exist on the date of 
approval and a notice of any change in these materials will be published 
in the Federal Register.

[46 FR 35247, July 7, 1981, as amended at 50 FR 18374, Apr. 30, 1985; 52 
FR 8073, Mar. 16, 1987; 52 FR 41295, Oct. 27, 1987; 54 FR 40266, Sept. 
29, 1989; 55 FR 8949, Mar. 9, 1990; 55 FR 25493, June 21, 1990; 56 FR 
7206, Feb. 21, 1991; 58 FR 38883, July 20, 1993; 58 FR 46049, Aug. 31, 
1993; 59 FR 468, Jan. 4, 1994; 59 FR 28484, June 2, 1994; 59 FR 62926, 
Dec. 6, 1994; 60 FR 17004, Apr. 4, 1995; 62 FR 32462, June 13, 1997; 64 
FR 26327, May 11, 1999]



                     Subpart C--Rulemaking Petitions



Sec. 260.20  General.

    (a) Any person may petition the Administrator to modify or revoke 
any provision in parts 260 through 266, 268 and 273 of this chapter. 
This section sets forth general requirements which apply to all such 
petitions. Section 260.21 sets forth additional requirements for 
petitions to add a testing or analytical method to part 261, 264 or 265 
of this chapter. Section 260.22 sets forth additional requirements for 
petitions to exclude a waste or waste-derived material at a particular 
facility from Sec. 261.3 of this chapter or the lists of hazardous 
wastes in subpart D of part 261 of this chapter. Section 260.23 sets 
forth additional requirements for petitions to amend part 273 of this 
chapter to include additional hazardous wastes or categories of 
hazardous waste as universal waste.
    (b) Each petition must be submitted to the Administrator by 
certified mail and must include:

    (1) The petitioner's name and address;
    (2) A statement of the petitioner's interest in the proposed action;
    (3) A description of the proposed action, including (where 
appropriate) suggested regulatory language; and
    (4) A statement of the need and justification for the proposed 
action, including any supporting tests, studies, or other information.
    (c) The Administrator will make a tentative decision to grant or 
deny a petition and will publish notice of such tentative decision, 
either in the form of an advanced notice of proposed rulemaking, a 
proposed rule, or a tentative determination to deny the petition, in the 
Federal Register for written public comment.
    (d) Upon the written request of any interested person, the 
Administrator may, at his discretion, hold an informal public hearing to 
consider oral comments on the tentative decision. A person requesting a 
hearing must state the issues to be raised and explain why written 
comments would not suffice to communicate the person's views. The 
Administrator may in any case decide on his own motion to hold an 
informal public hearing.
    (e) After evaluating all public comments the Administrator will make 
a final decision by publishing in the Federal Register a regulatory 
amendment or a denial of the petition.

[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 57 
FR 38564, Aug. 25, 1992; 60 FR 25540, May 11, 1995]

[[Page 19]]



Sec. 260.21  Petitions for equivalent testing or analytical methods.

    (a) Any person seeking to add a testing or analytical method to part 
261, 264, or 265 of this chapter may petition for a regulatory amendment 
under this section and Sec. 260.20. To be successful, the person must 
demonstrate to the satisfaction of the Administrator that the proposed 
method is equal to or superior to the corresponding method prescribed in 
part 261, 264, or 265 of this chapter, in terms of its sensitivity, 
accuracy, and precision (i.e., reproducibility).
    (b) Each petition must include, in addition to the information 
required by Sec. 260.20(b):

    (1) A full description of the proposed method, including all 
procedural steps and equipment used in the method;
    (2) A description of the types of wastes or waste matrices for which 
the proposed method may be used;
    (3) Comparative results obtained from using the proposed method with 
those obtained from using the relevant or corresponding methods 
prescribed in part 261, 264, or 265 of this chapter;
    (4) An assessment of any factors which may interfere with, or limit 
the use of, the proposed method; and
    (5) A description of the quality control procedures necessary to 
ensure the sensitivity, accuracy and precision of the proposed method.
    (c) After receiving a petition for an equivalent method, the 
Administrator may request any additional information on the proposed 
method which he may reasonably require to evaluate the method.
    (d) If the Administrator amends the regulations to permit use of a 
new testing method, the method will be incorporated in ``Test Methods 
for the Evaluation of Solid Waste: Physical/Chemical Methods,'' SW-846, 
U.S. Environmental Protection Agency, Office of Solid Waste, Washington, 
DC 20460.

[45 FR 33073, May 19, 1980, as amended at 49 FR 47391, Dec. 4, 1984]



Sec. 260.22  Petitions to amend part 261 to exclude a waste produced at a particular facility.

    (a) Any person seeking to exclude a waste at a particular generating 
facility from the lists in subpart D of part 261 may petition for a 
regulatory amendment under this section and Sec. 260.20. To be 
successful:
    (1) The petitioner must demonstrate to the satisfaction of the 
Administrator that the waste produced by a particular generating 
facility does not meet any of the criteria under which the waste was 
listed as a hazardous or an actutely hazardous waste; and
    (2) Based on a complete application, the Administrator must 
determine, where he has a reasonable basis to believe that factors 
(including additional constituents) other than those for which the waste 
was listed could cause the waste to be a hazardous waste, that such 
factors do not warrant retaining the waste as a hazardous waste. A waste 
which is so excluded, however, still may be a hazardous waste by 
operation of subpart C of part 261.
    (b) The procedures in this Section and Sec. 260.20 may also be used 
to petition the Administrator for a regulatory amendment to exclude from 
Sec. 261.3(a)(2)(ii) or (c), a waste which is described in these 
Sections and is either a waste listed in subpart D, or is derived from a 
waste listed in subpart D. This exclusion may only be issued for a 
particular generating, storage, treatment, or disposal facility. The 
petitioner must make the same demonstration as required by paragraph (a) 
of this section. Where the waste is a mixture of solid waste and one or 
more listed hazardous wastes or is derived from one or more hazardous 
wastes, his demonstration must be made with respect to the waste mixture 
as a whole; analyses must be conducted for not only those constituents 
for which the listed waste contained in the mixture was listed as 
hazardous, but also for factors (including additional constituents) that 
could cause the waste mixture to be a hazardous waste. A waste which is 
so excluded may still be a hazardous waste by operation of subpart C of 
part 261.
    (c) If the waste is listed with codes ``I'', ``C'', ``R'', or ``E'', 
in subpart D,
    (1) The petitioner must show that the waste does not exhibit the 
relevant characteristic for which the waste was listed as defined in 
Sec. 261.21, Sec. 261.22, Sec. 261.23, or Sec. 261.24 using any 
applicable

[[Page 20]]

methods prescribed therein. The petitioner also must show that the waste 
does not exhibit any of the other characteristics defined in 
Sec. 261.21, Sec. 261.22, Sec. 261.23, or Sec. 261.24 using any 
applicable methods prescribed therein;
    (2) Based on a complete application, the Administrator must 
determine, where he has a reasonable basis to believe that factors 
(including additional constituents) other than those for which the waste 
was listed could cause the waste to be hazardous waste, that such 
factors do not warrant retaining the waste as a hazardous waste. A waste 
which is so excluded, however, still may be a hazardous waste by 
operation of subpart C of part 261.
    (d) If the waste is listed with code ``T'' in subpart D,
    (1) The petitioner must demonstrate that the waste:
    (i) Does not contain the constituent or constituents (as defined in 
Appendix VII of part 261 of this chapter) that caused the Administrator 
to list the waste, using the appropriate test methods prescribed in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication SW-846, as incorporated by reference in Sec. 260.11; or
    (ii) Although containing one or more of the hazrdous constituents 
(as defined in appendix VII of part 261) that caused the Administrator 
to list the waste, does not meet the criterion of Sec. 261.11(a)(3) when 
considering the factors used by the Administrator in Sec. 261.11(a)(3) 
(i) through (xi) under which the waste was listed as hazardous; and
    (2) Based on a complete application, the Administrator must 
determine, where he has a reasonable basis to believe that factors 
(including additional constituents) other than those for which the waste 
was listed could cause the waste to be a hazardous waste, that such 
factors do not warrant retaining the waste as a hazardous waste; and
    (3) The petitioner must demonstrate that the waste does not exhibit 
any of the characteristics defined in Sec. 261.21, Sec. 261.22, 
Sec. 261.23, and Sec. 261.24 using any applicable methods prescribed 
therein;
    (4) A waste which is so excluded, however, still may be a hazardous 
waste by operation of subpart C of part 261.
    (e) If the waste is listed with the code ``H'' in subpart D,
    (1) The petitioner must demonstrate that the waste does not meet the 
criterion of Sec. 261.11(a)(2); and
    (2) Based on a complete application, the Administrator must 
determine, where he has a reasonable basis to believe that additional 
factors (including additional constituents) other than those for which 
the waste was listed could cause the waste to be a hazardous waste, that 
such factors do not warrant retaining the waste as a hazardous waste; 
and
    (3) The petitioner must demonstrate that the waste does not exhibit 
any of the characteristics defined in Sec. 261.21, Sec. 261.22, 
Sec. 261.23, and Sec. 261.24 using any applicable methods prescribed 
therein;
    (4) A waste which is so excluded, however, still may be a hazardous 
waste by operation of subpart C of part 261.
    (f) [Reserved for listing radioactive wastes.]
    (g) [Reserved for listing infectious wastes.]
    (h) Demonstration samples must consist of enough representative 
samples, but in no case less than four samples, taken over a period of 
time sufficient to represent the variability or the uniformity of the 
waste.
    (i) Each petition must include, in addition to the information 
required by Sec. 260.20(b):
    (1) The name and address of the laboratory facility performing the 
sampling or tests of the waste;
    (2) The names and qualifications of the persons sampling and testing 
the waste;
    (3) The dates of sampling and testing;
    (4) The location of the generating facility;
    (5) A description of the manufacturing processes or other operations 
and feed materials producing the waste and an assessment of whether such 
processes, operations, or feed materials can or might produce a waste 
that is not covered by the demonstration;
    (6) A description of the waste and an estimate of the average and 
maximum monthly and annual quantities of waste covered by the 
demonstration;

[[Page 21]]

    (7) Pertinent data on and discussion of the factors delineated in 
the respective criterion for listing a hazardous waste, where the 
demonstration is based on the factors in Sec. 261.11(a)(3);
    (8) A description of the methodologies and equipment used to obtain 
the representative samples;
    (9) A description of the sample handling and preparation techniques, 
including techniques used for extraction, containerization and 
preservation of the samples;
    (10) A description of the tests performed (including results);
    (11) The names and model numbers of the instruments used in 
performing the tests; and
    (12) The following statement signed by the generator of the waste or 
his authorized representative:
    I certify under penalty of law that I have personally examined and 
am familiar with the information submitted in this demonstration and all 
attached documents, and that, based on my inquiry of those individuals 
immediately responsible for obtaining the information, I believe that 
the submitted information is true, accurate, and complete. I am aware 
that there are significant penalties for submitting false information, 
including the possibility of fine and imprisonment.
    (ii) [Reserved]
    (j) After receiving a petition for an exclusion, the Administrator 
may request any additional information which he may reasonably require 
to evaluate the petition.
    (k) An exclusion will only apply to the waste generated at the 
individual facility covered by the demonstration and will not apply to 
waste from any other facility.
    (l) The Administrator may exclude only part of the waste for which 
the demonstration is submitted where he has reason to believe that 
variability of the waste justifies a partial exclusion.

[45 FR 33073, May 19, 1980, as amended at 50 FR 28742, July 15, 1985; 54 
FR 27116, June 27, 1989; 58 FR 46049, Aug. 31, 1994]

    Editorial Note: For information on the availability of a guidance 
manual for petitions to delist hazardous wastes, see 50 FR 21607, May 
28, 1985.



Sec. 260.23  Petitions to amend 40 CFR part 273 to include additional hazardous wastes.

    (a) Any person seeking to add a hazardous waste or a category of 
hazardous waste to the universal waste regulations of part 273 of this 
chapter may petition for a regulatory amendment under this section, 40 
CFR 260.20, and subpart G of 40 CFR part 273.
    (b) To be successful, the petitioner must demonstrate to the 
satisfaction of the Administrator that regulation under the universal 
waste regulations of 40 CFR part 273: Is appropriate for the waste or 
category of waste; will improve management practices for the waste or 
category of waste; and will improve implementation of the hazardous 
waste program. The petition must include the information required by 40 
CFR 260.20(b). The petition should also address as many of the factors 
listed in 40 CFR 273.81 as are appropriate for the waste or category of 
waste addressed in the petition.
    (c) The Administrator will grant or deny a petition using the 
factors listed in 40 CFR 273.81. The decision will be based on the 
weight of evidence showing that regulation under 40 CFR part 273 is 
appropriate for the waste or category of waste, will improve management 
practices for the waste or category of waste, and will improve 
implementation of the hazardous waste program.
    (d) The Administrator may request additional information needed to 
evaluate the merits of the petition.

[60 FR 25540, May 11, 1995]



Sec. 260.30  Variances from classification as a solid waste.

    In accordance with the standards and criteria in Sec. 260.31 and the 
procedures in Sec. 260.33, the Administrator may determine on a case-by-
case basis that the following recycled materials are not solid wastes:
    (a) Materials that are accumulated speculatively without sufficient 
amounts being recycled (as defined in Sec. 261.1(c)(8) of this chapter);
    (b) Materials that are reclaimed and then reused within the original 
production process in which they were generated; and

[[Page 22]]

    (c) Materials that have been reclaimed but must be reclaimed further 
before the materials are completely recovered.

[50 FR 661, Jan. 4, 1985; 50 FR 14219, Apr. 11, 1985, as amended at 59 
FR 48041, Sept. 19, 1994]



Sec. 260.31  Standards and criteria for variances from classification as a solid waste.

    (a) The Administrator may grant requests for a variance from 
classifying as a solid waste those materials that are accumulated 
speculatively without sufficient amounts being recycled if the applicant 
demonstrates that sufficient amounts of the material will be recycled or 
transferred for recycling in the following year. If a variance is 
granted, it is valid only for the following year, but can be renewed, on 
an annual basis, by filing a new application. The Administrator's 
decision will be based on the following criteria:
    (1) The manner in which the material is expected to be recycled, 
when the material is expected to be recycled, and whether this expected 
disposition is likely to occur (for example, because of past practice, 
market factors, the nature of the material, or contractual arrangements 
for recycling);
    (2) The reason that the applicant has accumulated the material for 
one or more years without recycling 75 percent of the volume accumulated 
at the beginning of the year;
    (3) The quantity of material already accumulated and the quantity 
expected to be generated and accumulated before the material is 
recycled;
    (4) The extent to which the material is handled to minimize loss;
    (5) Other relevant factors.
    (b) The Administrator may grant requests for a variance from 
classifying as a solid waste those materials that are reclaimed and then 
reused as feedstock within the original production process in which the 
materials were generated if the reclamation operation is an essential 
part of the production process. This determination will be based on the 
following criteria:
    (1) How economically viable the production process would be if it 
were to use virgin materials, rather than reclaimed materials;
    (2) The prevalence of the practice on an industry-wide basis;
    (3) The extent to which the material is handled before reclamation 
to minimize loss;
    (4) The time periods between generating the material and its 
reclamation, and between reclamation and return to the original primary 
production process;
    (5) The location of the reclamation operation in relation to the 
production process;
    (6) Whether the reclaimed material is used for the purpose for which 
it was originally produced when it is returned to the original process, 
and whether it is returned to the process in substantially its original 
form;
    (7) Whether the person who generates the material also reclaims it;
    (8) Other relevant factors.
    (c) The Regional Administrator may grant requests for a variance 
from classifying as a solid waste those materials that have been 
reclaimed but must be reclaimed further before recovery is completed if, 
after initial reclamation, the resulting material is commodity-like 
(even though it is not yet a commercial product, and has to be reclaimed 
further). This determination will be based on the following factors:
    (1) The degree of processing the material has undergone and the 
degree of further processing that is required;
    (2) The value of the material after it has been reclaimed;
    (3) The degree to which the reclaimed material is like an analogous 
raw material;
    (4) The extent to which an end market for the reclaimed material is 
guaranteed;
    (5) The extent to which the reclaimed material is handled to 
minimize loss;
    (6) Other relevant factors.

[50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994]



Sec. 260.32  Variances to be classified as a boiler.

    In accordance with the standards and criteria in Sec. 260.10 
(definition of ``boiler''), and the procedures in Sec. 260.33, the 
Administrator may determine on a case-by-case basis that certain 
enclosed devices using controlled flame

[[Page 23]]

combustion are boilers, even though they do not otherwise meet the 
definition of boiler contained in Sec. 260.10, after considering the 
following criteria:
    (a) The extent to which the unit has provisions for recovering and 
exporting thermal energy in the form of steam, heated fluids, or heated 
gases; and
    (b) The extent to which the combustion chamber and energy recovery 
equipment are of integral design; and
    (c) The efficiency of energy recovery, calculated in terms of the 
recovered energy compared with the thermal value of the fuel; and
    (d) The extent to which exported energy is utilized; and
    (e) The extent to which the device is in common and customary use as 
a ``boiler'' functioning primarily to produce steam, heated fluids, or 
heated gases; and
    (f) Other factors, as appropriate.

[50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994]



Sec. 260.33  Procedures for variances from classification as a solid waste 
or to be classified as a boiler.

    The Administrator will use the following procedures in evaluating 
applications for variances from classification as a solid waste or 
applications to classify particular enclosed controlled flame combustion 
devices as boilers:
    (a) The applicant must apply to the Administrator for the variance. 
The application must address the relevant criteria contained in 
Sec. 260.31 or Sec. 260.32.
    (b) The Administrator will evaluate the application and issue a 
draft notice tentatively granting or denying the application. 
Notification of this tentative decision will be provided by newspaper 
advertisement or radio broadcast in the locality where the recycler is 
located. The Administrator will accept comment on the tentative decision 
for 30 days, and may also hold a public hearing upon request or at his 
discretion. The Administrator will issue a final decision after receipt 
of comments and after the hearing (if any).

[59 FR 48041, Sept. 19, 1994]



Sec. 260.40  Additional regulation of certain hazardous waste recycling 
activities on a case-by-case basis.

    (a) The Regional Administrator may decide on a case-by-case basis 
that persons accumulating or storing the recyclable materials described 
in Sec. 261.6(a)(2)(iv) of this chapter should be regulated under 
Sec. 261.6 (b) and (c) of this chapter. The basis for this decision is 
that the materials are being accumulated or stored in a manner that does 
not protect human health and the environment because the materials or 
their toxic constituents have not been adequately contained, or because 
the materials being accumulated or stored together are incompatible. In 
making this decision, the Regional Administrator will consider the 
following factors:
    (1) The types of materials accumulated or stored and the amounts 
accumulated or stored;
    (2) The method of accumulation or storage;
    (3) The length of time the materials have been accumulated or stored 
before being reclaimed;
    (4) Whether any contaminants are being released into the 
environment, or are likely to be so released; and
    (5) Other relevant factors.
    (b) [Reserved]

The procedures for this decision are set forth in Sec. 260.41 of this 
chapter.

[50 FR 662, Jan. 4, 1985]



Sec. 260.41  Procedures for case-by-case regulation of hazardous waste 
recycling activities.

    The Regional Administrator will use the following procedures when 
determining whether to regulate hazardous waste recycling activities 
described in Sec. 261.6(a)(2)(iv) under the provisions of Sec. 261.6 (b) 
and (c), rather than under the provisions of subpart F of part 266 of 
this chapter.
    (a) If a generator is accumulating the waste, the Regional 
Administrator will issue a notice setting forth the factual basis for 
the decision and stating that the person must comply with the applicable 
requirements of subparts A, C, D, and E of part 262 of this chapter. The 
notice will become final within 30 days,

[[Page 24]]

unless the person served requests a public hearing to challenge the 
decision. Upon receiving such a request, the Regional Administrator will 
hold a public hearing. The Regional Administrator will provide notice of 
the hearing to the public and allow public participation at the hearing. 
The Regional Administrator will issue a final order after the hearing 
stating whether or not compliance with part 262 is required. The order 
becomes effective 30 days after service of the decision unless the 
Regional Administrator specifies a later date or unless review by the 
Administrator is requested. The order may be appealed to the 
Administrator by any person who participated in the public hearing. The 
Administrator may choose to grant or to deny the appeal. Final Agency 
action occurs when a final order is issued and Agency review procedures 
are exhausted.
    (b) If the person is accumulating the recyclable material as a 
storage facility, the notice will state that the person must obtain a 
permit in accordance with all applicable provisions of parts 270 and 124 
of this chapter. The owner or operator of the facility must apply for a 
permit within no less than 60 days and no more than six months of 
notice, as specified in the notice. If the owner or operator of the 
facility wishes to challenge the Regional Administrator's decision, he 
may do so in his permit application, in a public hearing held on the 
draft permit, or in comments filed on the draft permit or on the notice 
of intent to deny the permit. The fact sheet accompanying the permit 
will specify the reasons for the Agency's determination. The question of 
whether the Regional Administrator's decision was proper will remain 
open for consideration during the public comment period discussed under 
Sec. 124.11 of this chapter and in any subsequent hearing.

[50 FR 663, Jan. 4, 1985]`

       Appendix I to Part 260--Overview of Subtitle C Regulations

    The Agency believes that there are many people who suspect, but are 
not sure, that their activities are subject to control under the RCRA 
Subtitle C rules. This appendix is written for these people. It is 
designed to help those who are unfamiliar with the hazardous waste 
control program to determine with which, if any, of the regulations they 
should comply.

                        Definition of Solid Waste

    The first question which such a person should ask himself is: ``Is 
the material I handle a solid waste?'' If the answer to this question is 
``No'', then the material is not subject to control under RCRA and, 
therefore, the person need not worry about whether he should comply with 
the Subtitle C rules.
    Section 261.2 of this chapter provides a definition of ``solid 
waste'' which expands the statutory definition of that term given in 
section 1004(27) of RCRA. This definition is diagrammed in Figure 1 
below.
    Figure 1 explains that all materials are either: (1) Garbage refuse, 
or sludge; (2) solid, liquid, semi-solid or contained gaseous material; 
or (3) something else. No materials in the third category are solid 
waste. All materials in the first category are solid waste. Materials in 
the second category are solid waste unless they are one of the five 
exclusions specified in Sec. 261.4(a).

                      Definition of Hazardous Waste

    If a person has determined that his material is a ``solid waste'', 
the next question he should ask is: ``Is the solid waste I handle a 
hazardous waste?''
    Hazardous waste is defined in Sec. 261.3 of this chapter. Section 
261.3 provides that, in general, a solid waste is a hazardous waste if: 
(1) It is, or contains, a hazardous waste listed in subpart D of part 
261 of this chapter, or (2) the waste exhibits any of the 
characteristics defined in subpart C of part 261. However, parts 260 and 
261 also contain provisions which exclude (Secs. 261.4(b), 260.20, and 
260.22) certain solid wastes from the definition of ``hazardous waste'', 
even though they are listed in subpart D or exhibit one or more of the 
characteristics defined in subpart C. Figure 2 depicts the interplay of 
these special provisions with the definition of ``hazardous waste''. It 
presents a series of questions which a person should ask himself 
concerning his waste. After doing so, the person should be able to 
determine if the solid waste he handles is a hazardous waste.

                       Hazardous Waste Regulations

    If this is the case, the person should look at Figure 3. Figure 3 
depicts the special provisions specified in the final part 261 rules for 
hazardous waste which:
1. Is generated by a small quantity generator
2. Is or is intended to be legitimately and beneficially used, re-used, 
recycled, or reclaimed
3. Is a sludge; is listed in part 261, subpart D; or is a mixture 
containing a waste listed in part 261, subpart D.

    For each of these Groups, Figure 3 indicates with which subtitle C 
regulations (if

[[Page 25]]

any) the person handling these wastes must comply. Figure 3 also 
explains that, if a person handles hazardous waste which is not included 
in any one of the above three categories, his waste is subject to the 
subtitle C regulations diagrammed in Figure 4.
    Figure 4 is a flowchart which identifies the three categories of 
activities regulated under the subtitle C rules, and the corresponding 
set of rules with which people in each of these categories must comply. 
It points out that all people who handle hazardous waste are either: (1) 
Generators of hazardous waste, (2) transporters of hazardous waste, (3) 
owners or operators of hazardous waste treatment, storage, or disposal 
facilities, or (4) a combination of the above. Figure 4 indicates that 
all of these people must notify EPA of their hazardous waste activities 
in accordance with the Section 3010 Notification Procedures (see 45 FR 
12746 et seq.), and obtain an EPA identification number.
    It should be noted that people handling wastes listed in subpart D 
of part 261 who have filed, or who intend to file an application to 
exempt their waste from regulation under the subtitle C rules, must also 
comply with the notification requirements of section 3010.
    If a person generates hazardous waste, Figure 4 indicates that he 
must comply with the part 262 rules. If he transports it, he must comply 
with the part 263 rules. The standards in both these parts are designed 
to ensure, among other things, proper recordkeeping and reporting, the 
use of a manifest system to track shipments of hazardous waste, the use 
of proper labels and containers, and the delivery of the waste to a 
permitted treatment, storage, or disposal facility.
    If a person owns or operates a facility which treats, stores, or 
disposes of hazardous waste, the standards with which he must comply 
depend on a number of factors. First of all, if the owner or operator of 
a storage facility is also the person who generates the waste, and the 
waste is stored at the facility for less than 90 days for subsequent 
shipment off-site, then the person must comply with Sec. 262.34 of the 
part 262 rules.
    All other owners or operators of treatment, storage, or disposal 
facilities must comply with either the part 264 or the part 265 rules. 
To determine with which of these sets of rules an owner or operator must 
comply, he must find out whether his facility qualifies for interim 
status. To qualify, the owner or operator must: (1) Have been treating, 
storing, or disposing of the hazardous waste, or commenced facility 
construction on or before October 21, 1976, (2) comply with the section 
3010 notification requirements, and (3) apply for a permit under part 
270 of this chapter.
    If the owner or operator has done all of the above, he qualifies for 
interim status, and he must comply with the part 265 rules. These rules 
contain administrative requirements, monitoring and closure standards, 
and an abbreviated set of technical and closure and post-closure cost 
estimate requirements. The owner or operator must comply with these 
standards until final administrative disposition of his permit 
application is made. If a permit is issued to the owner or operator, he 
must then comply with the permit which will be based on the part 264 
rules.
    If the owner or operator has not carried out the above three 
requirements, he does not qualify for interim status. Until he is issued 
a permit for his facility, the owner or operator must stop waste 
management operations (if any) at the facility, and send his hazardous 
waste (if any) to a facility whose owner or operator has interim status 
or to a storage facility following the part 262 rules.
    In order to apply for a permit, the owner or operator must comply 
with the procedures specified in part 270 of this chapter.
    It should be noted that the Agency will be periodically revising the 
rules depicted in Figures 3 and 4. All persons are encouraged to write 
to EPA to verify that the regulations which they are reading are up-to-
date. To obtain this verification, contact: Solid Waste Information, 
U.S. Environmental Protection Agency, 26 West St. Clair Street, 
Cincinnati, Ohio 45268 (513) 684-5362.

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PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE--Table of Contents




                           Subpart A--General

Sec.
261.1  Purpose and scope.
261.2  Definition of solid waste.
261.3  Definition of hazardous waste.
261.4  Exclusions.
261.5  Special requirements for hazardous waste generated by 
          conditionally exempt small quantity generators.
261.6  Requirements for recyclable materials.
261.7  Residues of hazardous waste in empty containers.
261.8  PCB wastes regulated under Toxic Substance Control Act.
261.9  Requirements for Universal Waste.

[[Page 30]]

  Subpart B--Criteria for Identifying the Characteristics of Hazardous 
                  Waste and for Listing Hazardous Waste

261.10  Criteria for identifying the characteristics of hazardous waste.
261.11  Criteria for listing hazardous waste.

              Subpart C--Characteristics of Hazardous Waste

261.20  General.
261.21  Characteristic of ignitability.
261.22  Characteristic of corrosivity.
261.23  Characteristic of reactivity.
261.24  Toxicity characteristic.

                  Subpart D--Lists of Hazardous Wastes

261.30  General.
261.31  Hazardous wastes from non-specific sources.
261.32  Hazardous wastes from specific sources.
261.33  Discarded commercial chemical products, off-specification 
          species, container residues, and spill residues thereof.
261.35  Deletion of certain hazardous waste codes following equipment 
          cleaning and replacement.
261.38  Comparable/Syngas Fuel Exclusion.

Appendix I to Part 261--Representative Sampling Methods
Appendix II to Part 261--Method 1311 Toxicity Characteristic Leaching 
          Procedure (TCLP)
Appendix III to Part 261--Chemical Analysis Test Methods
Appendix IV to Part 261--[Reserved for Radioactive Waste Test Methods]
Appendix V to Part 261--[Reserved for Infectious Waste Treatment 
          Specifications]
Appendix VI to Part 261--[Reserved for Etiologic Agents]
Appendix VII to Part 261--Basis for Listing Hazardous Waste
Appendix VIII to Part 261--Hazardous Constituents
Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20 and 260.22

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and 6938.

    Source: 45 FR 33119, May 19, 1980, unless otherwise noted.



                           Subpart A--General



Sec. 261.1  Purpose and scope.

    (a) This part identifies those solid wastes which are subject to 
regulation as hazardous wastes under parts 262 through 265, 268, and 
parts 270, 271, and 124 of this chapter and which are subject to the 
notification requirements of section 3010 of RCRA. In this part:
    (1) Subpart A defines the terms ``solid waste'' and ``hazardous 
waste'', identifies those wastes which are excluded from regulation 
under parts 262 through 266, 268 and 270 and establishes special 
management requirements for hazardous waste produced by conditionally 
exempt small quantity generators and hazardous waste which is recycled.
    (2) Subpart B sets forth the criteria used by EPA to identify 
characteristics of hazardous waste and to list particular hazardous 
wastes.
    (3) Subpart C identifies characteristics of hazardous waste.
    (4) Subpart D lists particular hazardous wastes.
    (b)(1) The definition of solid waste contained in this part applies 
only to wastes that also are hazardous for purposes of the regulations 
implementing subtitle C of RCRA. For example, it does not apply to 
materials (such as non-hazardous scrap, paper, textiles, or rubber) that 
are not otherwise hazardous wastes and that are recycled.
    (2) This part identifies only some of the materials which are solid 
wastes and hazardous wastes under sections 3007, 3013, and 7003 of RCRA. 
A material which is not defined as a solid waste in this part, or is not 
a hazardous waste identified or listed in this part, is still a solid 
waste and a hazardous waste for purposes of these sections if:
    (i) In the case of sections 3007 and 3013, EPA has reason to believe 
that the material may be a solid waste within the meaning of section 
1004(27) of RCRA and a hazardous waste within the meaning of section 
1004(5) of RCRA; or
    (ii) In the case of section 7003, the statutory elements are 
established.
    (c) For the purposes of Secs. 261.2 and 261.6:
    (1) A ``spent material'' is any material that has been used and as a 
result of contamination can no longer serve the purpose for which it was 
produced without processing;
    (2) ``Sludge'' has the same meaning used in Sec. 260.10 of this 
chapter;
    (3) A ``by-product'' is a material that is not one of the primary 
products of a production process and is not solely or

[[Page 31]]

separately produced by the production process. Examples are process 
residues such as slags or distillation column bottoms. The term does not 
include a co-product that is produced for the general public's use and 
is ordinarily used in the form it is produced by the process.
    (4) A material is ``reclaimed'' if it is processed to recover a 
usable product, or if it is regenerated. Examples are recovery of lead 
values from spent batteries and regeneration of spent solvents.
    (5) A material is ``used or reused'' if it is either:
    (i) Employed as an ingredient (including use as an intermediate) in 
an industrial process to make a product (for example, distillation 
bottoms from one process used as feedstock in another process). However, 
a material will not satisfy this condition if distinct components of the 
material are recovered as separate end products (as when metals are 
recovered from metal-containing secondary materials); or
    (ii) Employed in a particular function or application as an 
effective substitute for a commercial product (for example, spent pickle 
liquor used as phosphorous precipitant and sludge conditioner in 
wastewater treatment).
    (6) ``Scrap metal'' is bits and pieces of metal parts (e.g.,) bars, 
turnings, rods, sheets, wire) or metal pieces that may be combined 
together with bolts or soldering (e.g., radiators, scrap automobiles, 
railroad box cars), which when worn or superfluous can be recycled.
    (7) A material is ``recycled'' if it is used, reused, or reclaimed.
    (8) A material is ``accumulated speculatively'' if it is accumulated 
before being recycled. A material is not accumulated speculatively, 
however, if the person accumulating it can show that the material is 
potentially recyclable and has a feasible means of being recycled; and 
that--during the calendar year (commencing on January 1)--the amount of 
material that is recycled, or transferred to a different site for 
recycling, equals at least 75 percent by weight or volume of the amount 
of that material accumulated at the beginning of the period. In 
calculating the percentage of turnover, the 75 percent requirement is to 
be applied to each material of the same type (e.g., slags from a single 
smelting process) that is recycled in the same way (i.e., from which the 
same material is recovered or that is used in the same way). Materials 
accumulating in units that would be exempt from regulation under 
Sec. 261.4(c) are not to be included in making the calculation. 
(Materials that are already defined as solid wastes also are not to be 
included in making the calculation.) Materials are no longer in this 
category once they are removed from accumulation for recycling, however.
    (9) ``Excluded scrap metal'' is processed scrap metal, unprocessed 
home scrap metal, and unprocessed prompt scrap metal.
    (10) ``Processed scrap metal'' is scrap metal which has been 
manually or physically altered to either separate it into distinct 
materials to enhance economic value or to improve the handling of 
materials. Processed scrap metal includes, but is not limited to scrap 
metal which has been baled, shredded, sheared, chopped, crushed, 
flattened, cut, melted, or separated by metal type (i.e., sorted), and, 
fines, drosses and related materials which have been agglomerated. 
(Note: shredded circuit boards being sent for recycling are not 
considered processed scrap metal. They are covered under the exclusion 
from the definition of solid waste for shredded circuit boards being 
recycled (Sec. 261.4(a)(13)).
    (11) ``Home scrap metal'' is scrap metal as generated by steel 
mills, foundries, and refineries such as turnings, cuttings, punchings, 
and borings.
    (12) ``Prompt scrap metal'' is scrap metal as generated by the metal 
working/fabrication industries and includes such scrap metal as 
turnings, cuttings, punchings, and borings. Prompt scrap is also known 
as industrial or new scrap metal.

[45 FR 33119, May 19, 1980, as amended at 48 FR 14293, Apr. 1, 1983; 50 
FR 663, Jan. 4, 1985; 51 FR 10174, Mar. 24, 1986; 51 FR 40636, Nov. 7, 
1986; 62 FR 26018, May 12, 1997]



Sec. 261.2  Definition of solid waste.

    (a)(1) A solid waste is any discarded material that is not excluded 
by Sec. 261.4(a) or that is not excluded by

[[Page 32]]

variance granted under Secs. 260.30 and 260.31.
    (2) A discarded material is any material which is:
    (i) Abandoned, as explained in paragraph (b) of this section; or
    (ii) Recycled, as explained in paragraph (c) of this section; or
    (iii) Considered inherently waste-like, as explained in paragraph 
(d) of this section; or
    (iv) A military munition identified as a solid waste in 40 CFR 
266.202.
    (b) Materials are solid waste if they are abandoned by being:
    (1) Disposed of; or
    (2) Burned or incinerated; or
    (3) Accumulated, stored, or treated (but not recycled) before or in 
lieu of being abandoned by being disposed of, burned, or incinerated.
    (c) Materials are solid wastes if they are recycled--or accumulated, 
stored, or treated before recycling--as specified in paragraphs (c)(1) 
through (4) of this section.
    (1) Used in a manner constituting disposal. (i) Materials noted with 
a ``*'' in Column 1 of Table I are solid wastes when they are:
    (A) Applied to or placed on the land in a manner that constitutes 
disposal; or
    (B) Used to produce products that are applied to or placed on the 
land or are otherwise contained in products that are applied to or 
placed on the land (in which cases the product itself remains a solid 
waste).
    (ii) However, commercial chemical products listed in Sec. 261.33 are 
not solid wastes if they are applied to the land and that is their 
ordinary manner of use.
    (2) Burning for energy recovery. (i) Materials noted with a ``*'' in 
column 2 of Table 1 are solid wastes when they are:
    (A) Burned to recover energy;
    (B) Used to produce a fuel or are otherwise contained in fuels (in 
which cases the fuel itself remains a solid waste).
    (ii) However, commercial chemical products listed in Sec. 261.33 are 
not solid wastes if they are themselves fuels.
    (3) Reclaimed. Materials noted with a ``*'' in column 3 of Table 1 
are solid wastes when reclaimed (except as provided under 40 CFR 
261.4(a)(17)). Materials noted with a ``---'' in column 3 of Table 1 are 
not solid wastes when reclaimed (except as provided under 40 CFR 
261.4(a)(17)).
    (4) Accumulated speculatively. Materials noted with a ``*'' in 
column 4 of Table 1 are solid wastes when accumulated speculatively.

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                                                                         Reclamation (Sec.
                                                                            261.2(c)(3))
                                Use constituting     Energy recovery/   (except as provided      Speculative
                                 disposal (Sec.         fuel (Sec.      in 261.4(a)(17) for   accumulation (Sec.
                                  261.2(c)(1))         261.2(c)(2))      mineral processing      261.2(c)(4))
                                                                             secondary
                                                                             materials)
----------------------------------------------------------------------------------------------------------------
                                            1                    2                    3                    4
----------------------------------------------------------------------------------------------------------------
Spent Materials.............              (*)                  (*)                  (*)                  (*)
Sludges (listed in 40 CFR                 (*)                  (*)                  (*)                  (*)
 Part 261.31 or 261.32......
Sludges exhibiting a                      (*)                  (*)                   --                  (*)
 characteristic of hazardous
 waste......................
By-products (listed in 40                 (*)                  (*)                  (*)                  (*)
 CFR 261.31 or 261.32)......
By-products exhibiting a                  (*)                  (*)                   --                  (*)
 characteristic of hazardous
 waste......................
Commercial chemical products              (*)                  (*)                   --                   --
 listed in 40 CFR 261.33....
Scrap metal other than                    (*)                  (*)                  (*)                  (*)
 excluded scrap metal (see
 261.1(c)(9))...............
----------------------------------------------------------------------------------------------------------------
Note: The terms ``spent materials,'' ``sludges,'' ``by-products,'' and ``scrap metal'' and ``processed scrap
  metal'' are defined in Sec.  261.1.

    (d) Inherently waste-like materials. The following materials are 
solid wastes when they are recycled in any manner:
    (1) Hazardous Waste Nos. F020, F021 (unless used as an ingredient to 
make a product at the site of generation), F022, F023, F026, and F028.

[[Page 33]]

    (2) Secondary materials fed to a halogen acid furnace that exhibit a 
characteristic of a hazardous waste or are listed as a hazardous waste 
as defined in subparts C or D of this part, except for brominated 
material that meets the following criteria:
    (i) The material must contain a bromine concentration of at least 
45%; and
    (ii) The material must contain less than a total of 1% of toxic 
organic compounds listed in appendix VIII; and
    (iii) The material is processed continually on-site in the halogen 
acid furnace via direct conveyance (hard piping).
    (3) The Administrator will use the following criteria to add wastes 
to that list:
    (i)(A) The materials are ordinarily disposed of, burned, or 
incinerated; or
    (B) The materials contain toxic constituents listed in appendix VIII 
of part 261 and these constituents are not ordinarily found in raw 
materials or products for which the materials substitute (or are found 
in raw materials or products in smaller concentrations) and are not used 
or reused during the recycling process; and
    (ii) The material may pose a substantial hazard to human health and 
the environment when recycled.
    (e) Materials that are not solid waste when recycled. (1) Materials 
are not solid wastes when they can be shown to be recycled by being:
    (i) Used or reused as ingredients in an industrial process to make a 
product, provided the materials are not being reclaimed; or
    (ii) Used or reused as effective substitutes for commercial 
products; or
    (iii) Returned to the original process from which they are 
generated, without first being reclaimed or land disposed. The material 
must be returned as a substitute for feedstock materials. In cases where 
the original process to which the material is returned is a secondary 
process, the materials must be managed such that there is no placement 
on the land. In cases where the materials are generated and reclaimed 
within the primary mineral processing industry, the conditions of the 
exclusion found at Sec. 261.4(a)(17) apply rather than this paragraph.
    (2) The following materials are solid wastes, even if the recycling 
involves use, reuse, or return to the original process (described in 
paragraphs (e)(1) (i) through (iii) of this section):
    (i) Materials used in a manner constituting disposal, or used to 
produce products that are applied to the land; or
    (ii) Materials burned for energy recovery, used to produce a fuel, 
or contained in fuels; or
    (iii) Materials accumulated speculatively; or
    (iv) Materials listed in paragraphs (d)(1) and (d)(2) of this 
section.
    (f) Documentation of claims that materials are not solid wastes or 
are conditionally exempt from regulation. Respondents in actions to 
enforce regulations implementing subtitle C of RCRA who raise a claim 
that a certain material is not a solid waste, or is conditionally exempt 
from regulation, must demonstrate that there is a known market or 
disposition for the material, and that they meet the terms of the 
exclusion or exemption. In doing so, they must provide appropriate 
documentation (such as contracts showing that a second person uses the 
material as an ingredient in a production process) to demonstrate that 
the material is not a waste, or is exempt from regulation. In addition, 
owners or operators of facilities claiming that they actually are 
recycling materials must show that they have the necessary equipment to 
do so.

[50 FR 664, Jan. 4, 1985, as amended at 50 FR 33542, Aug. 20, 1985; 56 
FR 7206, Feb. 21, 1991; 56 FR 32688, July 17, 1991; 56 FR 42512, Aug. 
27, 1991; 57 FR 38564, Aug. 25, 1992; 59 FR 48042, Sept. 19, 1994; 62 FR 
6651, Feb. 12, 1997; 62 FR 26019, May 12, 1997; 63 FR 28636, May 26, 
1998; 64 FR 24513, May 11, 1999]



Sec. 261.3  Definition of hazardous waste.

    (a) A solid waste, as defined in Sec. 261.2, is a hazardous waste 
if:
    (1) It is not excluded from regulation as a hazardous waste under 
Sec. 261.4(b); and
    (2) It meets any of the following criteria:
    (i) It exhibits any of the characteristics of hazardous waste 
identified in subpart C of this part. However, any mixture of a waste 
from the extraction, beneficiation, and processing of ores

[[Page 34]]

and minerals excluded under Sec. 261.4(b)(7) and any other solid waste 
exhibiting a characteristic of hazardous waste under subpart C is a 
hazardous waste only if it exhibits a characteristic that would not have 
been exhibited by the excluded waste alone if such mixture had not 
occurred, or if it continues to exhibit any of the characteristics 
exhibited by the non-excluded wastes prior to mixture. Further, for the 
purposes of applying the Toxicity Characteristic to such mixtures, the 
mixture is also a hazardous waste if it exceeds the maximum 
concentration for any contaminant listed in table I to Sec. 261.24 that 
would not have been exceeded by the excluded waste alone if the mixture 
had not occurred or if it continues to exceed the maximum concentration 
for any contaminant exceeded by the nonexempt waste prior to mixture.
    (ii) It is listed in subpart D of this part and has not been 
excluded from the lists in subpart D of this part under Secs. 260.20 and 
260.22 of this chapter.
    (iii) It is a mixture of a solid waste and a hazardous waste that is 
listed in subpart D of this part solely because it exhibits one or more 
of the characteristics of hazardous waste identified in subpart C of 
this part, unless the resultant mixture no longer exhibits any 
characteristic of hazardous waste identified in subpart C of this part, 
or unless the solid waste is excluded from regulation under 
Sec. 261.4(b)(7) and the resultant mixture no longer exhibits any 
characteristic of hazardous waste identified in subpart C of this part 
for which the hazardous waste listed in subpart D of this part was 
listed. (However, nonwastewater mixtures are still subject to the 
requirements of part 268 of this chapter, even if they no longer exhibit 
a characteristic at the point of land disposal).
    (iv) It is a mixture of solid waste and one or more hazardous wastes 
listed in subpart D of this part and has not been excluded from 
paragraph (a)(2) of this section under Secs. 260.20 and 260.22 of this 
chapter; however, the following mixtures of solid wastes and hazardous 
wastes listed in subpart D of this part are not hazardous wastes (except 
by application of paragraph (a)(2) (i) or (ii) of this section) if the 
generator can demonstrate that the mixture consists of wastewater the 
discharge of which is subject to regulation under either section 402 or 
section 307(b) of the Clean Water Act (including wastewater at 
facilities which have eliminated the discharge of wastewater) and:
    (A) One or more of the following solvents listed in Sec. 261.31--
carbon tetrachloride, tetrachloroethylene, trichloroethylene--Provided, 
That the maximum total weekly usage of these solvents (other than the 
amounts that can be demonstrated not to be discharged to wastewater) 
divided by the average weekly flow of wastewater into the headworks of 
the facility's wastewater treatment or pretreatment system does not 
exceed 1 part per million; or
    (B) One or more of the following spent solvents listed in 
Sec. 261.31--methylene chloride, 1,1,1-trichloroethane, chlorobenzene, 
o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl 
ethyl ketone, carbon disulfide, isobutanol, pyridine, spent 
chlorofluorocarbon solvents--provided that the maximum total weekly 
usage of these solvents (other than the amounts that can be demonstrated 
not to be discharged to wastewater) divided by the average weekly flow 
of wastewater into the headworks of the facility's wastewater treatment 
or pretreatment system does not exceed 25 parts per million; or
    (C) One of the following wastes listed in Sec. 261.32, provided that 
the wastes are discharged to the refinery oil recovery sewer before 
primary oil/water/solids separation--heat exchanger bundle cleaning 
sludge from the petroleum refining industry (EPA Hazardous Waste No. 
K050), crude oil storage tank sediment from petroleum refining 
operations (EPA Hazardous Waste No. K169), clarified slurry oil tank 
sediment and/or in-line filter/separation solids from petroleum refining 
operations (EPA Hazardous Waste No. K170), spent hydrotreating catalyst 
(EPA Hazardous Waste No. K171), and spent hydrorefining catalyst (EPA 
Hazardous Waste No. K172); or
    (D) A discarded commercial chemical product, or chemical 
intermediate listed in Sec. 261.33, arising from de minimis

[[Page 35]]

losses of these materials from manufacturing operations in which these 
materials are used as raw materials or are produced in the manufacturing 
process. For purposes of this paragraph (a)(2)(iv)(D), ``de minimis'' 
losses include those from normal material handling operations (e.g., 
spills from the unloading or transfer of materials from bins or other 
containers, leaks from pipes, valves or other devices used to transfer 
materials); minor leaks of process equipment, storage tanks or 
containers; leaks from well maintained pump packings and seals; sample 
purgings; relief device discharges; discharges from safety showers and 
rinsing and cleaning of personal safety equipment; and rinstate from 
empty containers or from containers that are rendered empty by that 
rinsing; or
    (E) Wastewater resulting from laboratory operations containing toxic 
(T) wastes listed in subpart D of this part, Provided, That the 
annualized average flow of laboratory wastewater does not exceed one 
percent of total wastewater flow into the headworks of the facility's 
wastewater treatment or pre-treatment system or provided the wastes, 
combined annualized average concentration does not exceed one part per 
million in the headworks of the facility's wastewater treatment or pre-
treatment facility. Toxic (T) wastes used in laboratories that are 
demonstrated not to be discharged to wastewater are not to be included 
in this calculation; or
    (F) One or more of the following wastes listed in Sec. 261.32--
wastewaters from the production of carbamates and carbamoyl oximes (EPA 
Hazardous Waste No. K157)--Provided that the maximum weekly usage of 
formaldehyde, methyl chloride, methylene chloride, and triethylamine 
(including all amounts that can not be demonstrated to be reacted in the 
process, destroyed through treatment, or is recovered, i.e., what is 
discharged or volatilized) divided by the average weekly flow of process 
wastewater prior to any dilutions into the headworks of the facility's 
wastewater treatment system does not exceed a total of 5 parts per 
million by weight; or
    (G) Wastewaters derived from the treatment of one or more of the 
following wastes listed in Sec. 261.32--organic waste (including heavy 
ends, still bottoms, light ends, spent solvents, filtrates, and 
decantates) from the production of carbamates and carbamoyl oximes (EPA 
Hazardous Waste No. K156).--Provided, that the maximum concentration of 
formaldehyde, methyl chloride, methylene chloride, and triethylamine 
prior to any dilutions into the headworks of the facility's wastewater 
treatment system does not exceed a total of 5 milligrams per liter.
    (v) Rebuttable presumption for used oil. Used oil containing more 
than 1000 ppm total halogens is presumed to be a hazardous waste because 
it has been mixed with halogenated hazardous waste listed in subpart D 
of part 261 of this chapter. Persons may rebut this presumption by 
demonstrating that the used oil does not contain hazardous waste (for 
example, by using an analytical method from SW-846, Third Edition, to 
show that the used oil does not contain significant concentrations of 
halogenated hazardous constituents listed in appendix VIII of part 261 
of this chapter). EPA Publication SW-846, Third Edition, is available 
for the cost of $110.00 from the Government Printing Office, 
Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250-7954. 
202-512-1800 (document number 955-001-00000-1).
    (A) The rebuttable presumption does not apply to metalworking oils/
fluids containing chlorinated paraffins, if they are processed, through 
a tolling agreement, to reclaim metalworking oils/fluids. The 
presumption does apply to metalworking oils/fluids if such oils/fluids 
are recycled in any other manner, or disposed.
    (B) The rebuttable presumption does not apply to used oils 
contaminated with chlorofluorocarbons (CFCs) removed from refrigeration 
units where the CFCs are destined for reclamation. The rebuttable 
presumption does apply to used oils contaminated with CFCs that have 
been mixed with used oil from sources other than refrigeration units.
    (b) A solid waste which is not excluded from regulation under 
paragraph (a)(1) of this section becomes a hazardous waste when any of 
the following events occur:

[[Page 36]]

    (1) In the case of a waste listed in subpart D of this part, when 
the waste first meets the listing description set forth in subpart D of 
this part.
    (2) In the case of a mixture of solid waste and one or more listed 
hazardous wastes, when a hazardous waste listed in subpart D is first 
added to the solid waste.
    (3) In the case of any other waste (including a waste mixture), when 
the waste exhibits any of the characteristics identified in subpart C of 
this part.
    (c) Unless and until it meets the criteria of paragraph (d) of this 
section:
    (1) A hazardous waste will remain a hazardous waste.
    (2)(i) Except as otherwise provided in paragraph (c)(2)(ii) of this 
section, any solid waste generated from the treatment, storage, or 
disposal of a hazardous waste, including any sludge, spill residue, ash, 
emission control dust, or leachate (but not including precipitation run-
off) is a hazardous waste. (However, materials that are reclaimed from 
solid wastes and that are used beneficially are not solid wastes and 
hence are not hazardous wastes under this provision unless the reclaimed 
material is burned for energy recovery or used in a manner constituting 
disposal.)
    (ii) The following solid wastes are not hazardous even though they 
are generated from the treatment, storage, or disposal of a hazardous 
waste, unless they exhibit one or more of the characteristics of 
hazardous waste:
    (A) Waste pickle liquor sludge generated by lime stabilization of 
spent pickle liquor from the iron and steel industry (SIC Codes 331 and 
332).
    (B) Waste from burning any of the materials exempted from regulation 
by Sec. 261.6(a)(3)(iii) and (iv).
    (C)(1) Nonwastewater residues, such as slag, resulting from high 
temperature metals recovery (HTMR) processing of K061, K062 or F006 
waste, in units identified as rotary kilns, flame reactors, electric 
furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/
electric furnace combinations or industrial furnaces (as defined in 
paragraphs (6), (7), and (13) of the definition for ``Industrial 
furnace'' in 40 CFR 260.10), that are disposed in subtitle D units, 
provided that these residues meet the generic exclusion levels 
identified in the tables in this paragraph for all constituents, and 
exhibit no characteristics of hazardous waste. Testing requirements must 
be incorporated in a facility's waste analysis plan or a generator's 
self-implementing waste analysis plan; at a minimum, composite samples 
of residues must be collected and analyzed quarterly and/or when the 
process or operation generating the waste changes. Persons claiming this 
exclusion in an enforcement action will have the burden of proving by 
clear and convincing evidence that the material meets all of the 
exclusion requirements.

------------------------------------------------------------------------
                                                         Maximum for any
                                                              single
                      Constituent                           composite
                                                           sample--TCLP
                                                              (mg/l)
------------------------------------------------------------------------
 Generic exclusion levels for K061 and K062 nonwastewater HTMR residues
 
------------------------------------------------------------------------
Antimony...............................................            0.10
Arsenic................................................            0.50
Barium.................................................            7.6
Beryllium..............................................            0.010
Cadmium................................................            0.050
Chromium (total).......................................            0.33
Lead...................................................            0.15
Mercury................................................            0.009
Nickel.................................................            1.0
Selenium...............................................            0.16
Silver.................................................            0.30
Thallium...............................................            0.020
Zinc...................................................           70
 
------------------------------------------------------------------------
      Generic exclusion levels for F006 nonwastewater HTMR residues
 
------------------------------------------------------------------------
Antimony...............................................            0.10
Arsenic................................................            0.50
Barium.................................................            7.6
Beryllium..............................................            0.010
Cadmium................................................            0.050
Chromium (total).......................................            0.33
Cyanide (total) (mg/kg)................................            1.8
Lead...................................................            0.15
Mercury................................................            0.009
Nickel.................................................            1.0
Selenium...............................................            0.16
Silver.................................................            0.30
Thallium...............................................            0.020
Zinc...................................................           70
------------------------------------------------------------------------

    (2) A one-time notification and certification must be placed in the 
facility's files and sent to the EPA region or authorized state for 
K061, K062 or F006 HTMR residues that meet the generic exclusion levels 
for all constituents and do not exhibit any characteristics that are 
sent to subtitle D units. The notification and certification that is 
placed in the generators or treaters

[[Page 37]]

files must be updated if the process or operation generating the waste 
changes and/or if the subtitle D unit receiving the waste changes. 
However, the generator or treater need only notify the EPA region or an 
authorized state on an annual basis if such changes occur. Such 
notification and certification should be sent to the EPA region or 
authorized state by the end of the calendar year, but no later than 
December 31. The notification must include the following information: 
The name and address of the subtitle D unit receiving the waste 
shipments; the EPA Hazardous Waste Number(s) and treatability group(s) 
at the initial point of generation; and, the treatment standards 
applicable to the waste at the initial point of generation. The 
certification must be signed by an authorized representative and must 
state as follows: ``I certify under penalty of law that the generic 
exclusion levels for all constituents have been met without 
impermissible dilution and that no characteristic of hazardous waste is 
exhibited. I am aware that there are significant penalties for 
submitting a false certification, including the possibility of fine and 
imprisonment.''
    (D) Biological treatment sludge from the treatment of one of the 
following wastes listed in Sec. 261.32--organic waste (including heavy 
ends, still bottoms, light ends, spent solvents, filtrates, and 
decantates) from the production of carbamates and carbamoyl oximes (EPA 
Hazardous Waste No. K156), and wastewaters from the production of 
carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157).
    (E) Catalyst inert support media separated from one of the following 
wastes listed in Sec. 261.32--Spent hydrotreating catalyst (EPA 
Hazardous Waste No. K171), and Spent hydrorefining catalyst (EPA 
Hazardous Waste No. K172).
    (d) Any solid waste described in paragraph (c) of this section is 
not a hazardous waste if it meets the following criteria:
    (1) In the case of any solid waste, it does not exhibit any of the 
characteristics of hazardous waste identified in subpart C of this part. 
(However, wastes that exhibit a characteristic at the point of 
generation may still be subject to the requirements of part 268, even if 
they no longer exhibit a characteristic at the point of land disposal.)
    (2) In the case of a waste which is a listed waste under subpart D 
of this part, contains a waste listed under subpart D of this part or is 
derived from a waste listed in subpart D of this part, it also has been 
excluded from paragraph (c) of this section under Secs. 260.20 and 
260.22 of this chapter.
    (e)  [Reserved]
    (f) Notwithstanding paragraphs (a) through (d) of this section and 
provided the debris as defined in part 268 of this chapter does not 
exhibit a characteristic identified at subpart C of this part, the 
following materials are not subject to regulation under 40 CFR parts 
260, 261 to 266, 268, or 270:
    (1) Hazardous debris as defined in part 268 of this chapter that has 
been treated using one of the required extraction or destruction 
technologies specified in Table 1 of Sec. 268.45 of this chapter; 
persons claiming this exclusion in an enforcement action will have the 
burden of proving by clear and convincing evidence that the material 
meets all of the exclusion requirements; or
    (2) Debris as defined in part 268 of this chapter that the Regional 
Administrator, considering the extent of contamination, has determined 
is no longer contaminated with hazardous waste.

[57 FR 7632, Mar. 3, 1992; 57 FR 23063, June 1, 1992, as amended at 57 
FR 37263, Aug. 18, 1992; 57 FR 41611, Sept. 10, 1992; 57 FR 49279, Oct. 
30, 1992; 59 FR 38545, July 28, 1994; 60 FR 7848, Feb. 9, 1995; 63 FR 
28637, May 26, 1998; 63 FR 42184, Aug. 6, 1998]



Sec. 261.4  Exclusions.

    (a) Materials which are not solid wastes. The following materials 
are not solid wastes for the purpose of this part:
    (1)(i) Domestic sewage; and
    (ii) Any mixture of domestic sewage and other wastes that passes 
through a sewer system to a publicly-owned treatment works for 
treatment. ``Domestic sewage'' means untreated sanitary wastes that pass 
through a sewer system.

[[Page 38]]

    (2) Industrial wastewater discharges that are point source 
discharges subject to regulation under section 402 of the Clean Water 
Act, as amended.
[Comment: This exclusion applies only to the actual point source 
discharge. It does not exclude industrial wastewaters while they are 
being collected, stored or treated before discharge, nor does it exclude 
sludges that are generated by industrial wastewater treatment.]
    (3) Irrigation return flows.
    (4) Source, special nuclear or by-product material as defined by the 
Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.
    (5) Materials subjected to in-situ mining techniques which are not 
removed from the ground as part of the extraction process.
    (6) Pulping liquors (i.e., black liquor) that are reclaimed in a 
pulping liquor recovery furnace and then reused in the pulping process, 
unless it is accumulated speculatively as defined in Sec. 261.1(c) of 
this chapter.
    (7) Spent sulfuric acid used to produce virgin sulfuric acid, unless 
it is accumulated speculatively as defined in Sec. 261.1(c) of this 
chapter.
    (8) Secondary materials that are reclaimed and returned to the 
original process or processes in which they were generated where they 
are reused in the production process provided:
    (i) Only tank storage is involved, and the entire process through 
completion of reclamation is closed by being entirely connected with 
pipes or other comparable enclosed means of conveyance;
    (ii) Reclamation does not involve controlled flame combustion (such 
as occurs in boilers, industrial furnaces, or incinerators);
    (iii) The secondary materials are never accumulated in such tanks 
for over twelve months without being reclaimed; and
    (iv) The reclaimed material is not used to produce a fuel, or used 
to produce products that are used in a manner constituting disposal.
    (9)(i) Spent wood preserving solutions that have been reclaimed and 
are reused for their original intended purpose; and
    (ii) Wastewaters from the wood preserving process that have been 
reclaimed and are reused to treat wood.
    (iii) Prior to reuse, the wood preserving wastewaters and spent wood 
preserving solutions described in paragraphs (a)(9)(i) and (a)(9)(ii) of 
this section, so long as they meet all of the following conditions:
    (A) The wood preserving wastewaters and spent wood preserving 
solutions are reused on-site at water borne plants in the production 
process for their original intended purpose;
    (B) Prior to reuse, the wastewaters and spent wood preserving 
solutions are managed to prevent release to either land or groundwater 
or both;
    (C) Any unit used to manage wastewaters and/or spent wood preserving 
solutions prior to reuse can be visually or otherwise determined to 
prevent such releases;
    (D) Any drip pad used to manage the wastewaters and/or spent wood 
preserving solutions prior to reuse complies with the standards in part 
265, subpart W of this chapter, regardless of whether the plant 
generates a total of less than 100 kg/month of hazardous waste; and
    (E) Prior to operating pursuant to this exclusion, the plant owner 
or operator submits to the appropriate Regional Administrator or State 
Director a one-time notification stating that the plant intends to claim 
the exclusion, giving the date on which the plant intends to begin 
operating under the exclusion, and containing the following language: 
``I have read the applicable regulation establishing an exclusion for 
wood preserving wastewaters and spent wood preserving solutions and 
understand it requires me to comply at all times with the conditions set 
out in the regulation.'' The plant must maintain a copy of that document 
in its on-site records for a period of no less than 3 years from the 
date specified in the notice. The exclusion applies only so long as the 
plant meets all of the conditions. If the plant goes out of compliance 
with any condition, it may apply to the appropriate Regional 
Administrator or State Director for reinstatement. The Regional 
Administrator or State Director may reinstate the exclusion upon finding 
that the plant has returned to compliance with all conditions and that 
violations are not likely to recur.

[[Page 39]]

    (10) EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, 
K145, K147, and K148, and any wastes from the coke by-products processes 
that are hazardous only because they exhibit the Toxicity Characteristic 
(TC) specified in section 261.24 of this part when, subsequent to 
generation, these materials are recycled to coke ovens, to the tar 
recovery process as a feedstock to produce coal tar, or mixed with coal 
tar prior to the tar's sale or refining. This exclusion is conditioned 
on there being no land disposal of the wastes from the point they are 
generated to the point they are recycled to coke ovens or tar recovery 
or refining processes, or mixed with coal tar.
    (11) Nonwastewater splash condenser dross residue from the treatment 
of K061 in high temperature metals recovery units, provided it is 
shipped in drums (if shipped) and not land disposed before recovery.
    (12) (i) Oil-bearing hazardous secondary materials (i.e., sludges, 
byproducts, or spent materials) that are generated at a petroleum 
refinery (SIC code 2911) and are inserted into the petroleum refining 
process (SIC code 2911--including, but not limited to, distillation, 
catalytic cracking, fractionation, or thermal cracking units (i.e., 
cokers)) unless the material is placed on the land, or speculatively 
accumulated before being so recycled. Materials inserted into thermal 
cracking units are excluded under this paragraph, provided that the coke 
product also does not exhibit a characteristic of hazardous waste. Oil-
bearing hazardous secondary materials may be inserted into the same 
petroleum refinery where they are generated, or sent directly to another 
petroleum refinery, and still be excluded under this provision. Except 
as provided in paragraph (a)(12)(ii) of this section, oil-bearing 
hazardous secondary materials generated elsewhere in the petroleum 
industry (i.e., from sources other than petroleum refineries) are not 
excluded under this section. Residuals generated from processing or 
recycling materials excluded under this paragraph (a)(12)(i), where such 
materials as generated would have otherwise met a listing under subpart 
D of this part, are designated as F037 listed wastes when disposed of or 
intended for disposal.
    (ii) Recovered oil that is recycled in the same manner and with the 
same conditions as described in paragraph (a)(12)(i) of this section. 
Recovered oil is oil that has been reclaimed from secondary materials 
(including wastewater) generated from normal petroleum industry 
practices, including refining, exploration and production, bulk storage, 
and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 
1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172.) Recovered oil 
does not include oil-bearing hazardous wastes listed in subpart D of 
this part; however, oil recovered from such wastes may be considered 
recovered oil. Recovered oil does not include used oil as defined in 40 
CFR 279.1.
    (13) Excluded scrap metal (processed scrap metal, unprocessed home 
scrap metal, and unprocessed prompt scrap metal) being recycled.
    (14) Shredded circuit boards being recycled provided that they are:
    (i) Stored in containers sufficient to prevent a release to the 
environment prior to recovery; and
    (ii) Free of mercury switches, mercury relays and nickel-cadmium 
batteries and lithium batteries.
    (15) Condensates derived from the overhead gases from kraft mill 
steam strippers that are used to comply with 40 CFR 63.446(e). The 
exemption applies only to combustion at the mill generating the 
condensates.
    (16) Comparable fuels or comparable syngas fuels (i.e., comparable/
syngas fuels) that meet the requirements of Sec. 261.38.
    (17) Secondary materials (i.e., sludges, by-products, and spent 
materials as defined in Sec. 261.1) (other than hazardous wastes listed 
in subpart D of this part) generated within the primary mineral 
processing industry from which minerals, acids, cyanide, water or other 
values are recovered by mineral processing or by beneficiation, provided 
that:
    (i) The secondary material is legitimately recycled to recover 
minerals, acids, cyanide, water or other values;
    (ii) The secondary material is not accumulated speculatively;

[[Page 40]]

    (iii) Except as provided in paragraph (a)(15)(iv) of this section, 
the secondary material is stored in tanks, containers, or buildings 
meeting the following minimum integrity standards: a building must be an 
engineered structure with a floor, walls, and a roof all of which are 
made of non-earthen materials providing structural support (except 
smelter buildings may have partially earthen floors provided the 
secondary material is stored on the non-earthen portion), and have a 
roof suitable for diverting rainwater away from the foundation; a tank 
must be free standing, not be a surface impoundment (as defined in 40 
CFR 260.10), and be manufactured of a material suitable for containment 
of its contents; a container must be free standing and be manufactured 
of a material suitable for containment of its contents. If tanks or 
containers contain any particulate which may be subject to wind 
dispersal, the owner/operator must operate these units in a manner which 
controls fugitive dust. Tanks, containers, and buildings must be 
designed, constructed and operated to prevent significant releases to 
the environment of these materials.
    (iv) The Regional Administrator or the State Director may make a 
site-specific determination, after public review and comment, that only 
solid mineral processing secondary materials may be placed on pads, 
rather than in tanks, containers, or buildings. Solid mineral processing 
secondary materials do not contain any free liquid. The decision-maker 
must affirm that pads are designed, constructed and operated to prevent 
significant releases of the secondary material into the environment. 
Pads must provide the same degree of containment afforded by the non-
RCRA tanks, containers and buildings eligible for exclusion.
    (A) The decision-maker must also consider if storage on pads poses 
the potential for significant releases via groundwater, surface water, 
and air exposure pathways. Factors to be considered for assessing the 
groundwater, surface water, air exposure pathways are: the volume and 
physical and chemical properties of the secondary material, including 
its potential for migration off the pad; the potential for human or 
environmental exposure to hazardous constituents migrating from the pad 
via each exposure pathway, and the possibility and extent of harm to 
human and environmental receptors via each exposure pathway.
    (B) Pads must meet the following minimum standards: be designed of 
non-earthen material that is compatible with the chemical nature of the 
mineral processing secondary material, capable of withstanding physical 
stresses associated with placement and removal, have run on/runoff 
controls, be operated in a manner which controls fugitive dust, and have 
integrity assurance through inspections and maintenance programs.
    (C) Before making a determination under this paragraph, the Regional 
Administrator or State Director must provide notice and the opportunity 
for comment to all persons potentially interested in the determination. 
This can be accomplished by placing notice of this action in major local 
newspapers, or broadcasting notice over local radio stations.
    (v) The owner or operator provides a notice to the Regional 
Administrator or State Director, identifying the following information: 
the types of materials to be recycled; the type and location of the 
storage units and recycling processes; and the annual quantities 
expected to be placed in non land-based units. This notification must be 
updated when there is a change in the type of materials recycled or the 
location of the recycling process.
    (vi) For purposes of Sec. 261.4(b)(7), mineral processing secondary 
materials must be the result of mineral processing and may not include 
any listed hazardous wastes. Listed hazardous wastes and characteristic 
hazardous wastes generated by non-mineral processing industries are not 
eligible for the conditional exclusion from the definition of solid 
waste.
    (18) Petrochemical recovered oil from an associated organic chemical 
manufacturing facility, where the oil is to be inserted into the 
petroleum refining process (SIC code 2911) along with normal petroleum 
refinery process streams, provided:

[[Page 41]]

    (i) The oil is hazardous only because it exhibits the characteristic 
of ignitability (as defined in Sec. 261.21) and/or toxicity for benzene 
(Sec. 261.24, waste code D018); and
    (ii) The oil generated by the organic chemical manufacturing 
facility is not placed on the land, or speculatively accumulated before 
being recycled into the petroleum refining process. An ``associated 
organic chemical manufacturing facility'' is a facility where the 
primary SIC code is 2869, but where operations may also include SIC 
codes 2821, 2822, and 2865; and is physically co-located with a 
petroleum refinery; and where the petroleum refinery to which the oil 
being recycled is returned also provides hydrocarbon feedstocks to the 
organic chemical manufacturing facility. ``Petrochemical recovered oil'' 
is oil that has been reclaimed from secondary materials (i.e., sludges, 
byproducts, or spent materials, including wastewater) from normal 
organic chemical manufacturing operations, as well as oil recovered from 
organic chemical manufacturing processes.
    (19) Spent caustic solutions from petroleum refining liquid treating 
processes used as a feedstock to produce cresylic or naphthenic acid 
unless the material is placed on the land, or accumulated speculatively 
as defined in Sec. 261.1(c).
    (b) Solid wastes which are not hazardous wastes. The following solid 
wastes are not hazardous wastes:
    (1) Household waste, including household waste that has been 
collected, transported, stored, treated, disposed, recovered (e.g., 
refuse-derived fuel) or reused. ``Household waste'' means any material 
(including garbage, trash and sanitary wastes in septic tanks) derived 
from households (including single and multiple residences, hotels and 
motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic 
grounds and day-use recreation areas). A resource recovery facility 
managing municipal solid waste shall not be deemed to be treating, 
storing, disposing of, or otherwise managing hazardous wastes for the 
purposes of regulation under this subtitle, if such facility:
    (i) Receives and burns only
    (A) Household waste (from single and multiple dwellings, hotels, 
motels, and other residential sources) and
    (B) Solid waste from commercial or industrial sources that does not 
contain hazardous waste; and
    (ii) Such facility does not accept hazardous wastes and the owner or 
operator of such facility has established contractual requirements or 
other appropriate notification or inspection procedures to assure that 
hazardous wastes are not received at or burned in such facility.
    (2) Solid wastes generated by any of the following and which are 
returned to the soils as fertilizers:
    (i) The growing and harvesting of agricultural crops.
    (ii) The raising of animals, including animal manures.
    (3) Mining overburden returned to the mine site.
    (4) Fly ash waste, bottom ash waste, slag waste, and flue gas 
emission control waste, generated primarily from the combusion of coal 
or other fossil fuels, except as provided by Sec. 266.112 of this 
chapter for facilities that burn or process hazardous waste.
    (5) Drilling fluids, produced waters, and other wastes associated 
with the exploration, development, or production of crude oil, natural 
gas or geothermal energy.
    (6)(i) Wastes which fail the test for the Toxicity Characteristic 
because chromium is present or are listed in subpart D due to the 
presence of chromium, which do not fail the test for the Toxicity 
Characteristic for any other constituent or are not listed due to the 
presence of any other constituent, and which do not fail the test for 
any other characteristic, if it is shown by a waste generator or by 
waste generators that:
    (A) The chromium in the waste is exclusively (or nearly exclusively) 
trivalent chromium; and
    (B) The waste is generated from an industrial process which uses 
trivalent chromium exlcusively (or nearly exclusively) and the process 
does not generate hexavalent chromium; and
    (C) The waste is typically and frequently managed in non-oxidizing 
environments.

[[Page 42]]

    (ii) Specific waste which meet the standard in paragraphs (b)(6)(i) 
(A), (B), and (C) (so long as they do not fail the test for the toxicity 
characteristic for any other constituent, and do not exhibit any other 
characteristic) are:
    (A) Chrome (blue) trimmings generated by the following subcategories 
of the leather tanning and finishing industry; hair pulp/chrome tan/
retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet 
finish; no beamhouse; through-the-blue; and shearling.
    (B) Chrome (blue) shavings generated by the following subcategories 
of the leather tanning and finishing industry: Hair pulp/chrome tan/
retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet 
finish; no beamhouse; through-the-blue; and shearling.
    (C) Buffing dust generated by the following subcategories of the 
leather tanning and finishing industry; hair pulp/chrome tan/retan/wet 
finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no 
beamhouse; through-the-blue.
    (D) Sewer screenings generated by the following subcategories of the 
leather tanning and finishing industry: Hair pulp/crome tan/retan/wet 
finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no 
beamhouse; through-the-blue; and shearling.
    (E) Wastewater treatment sludges generated by the following 
subcategories of the leather tanning and finishing industry: Hair pulp/
chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; 
retan/wet finish; no beamhouse; through-the-blue; and shearling.
    (F) Wastewater treatment sludes generated by the following 
subcategories of the leather tanning and finishing industry: Hair pulp/
chrome tan/retan/wet finish; hair save/chrometan/retan/wet finish; and 
through-the-blue.
    (G) Waste scrap leather from the leather tanning industry, the shoe 
manufacturing industry, and other leather product manufacturing 
industries.
    (H) Wastewater treatment sludges from the production of TiO2 
pigment using chromium-bearing ores by the chloride process.
    (7) Solid waste from the extraction, beneficiation, and processing 
of ores and minerals (including coal, phosphate rock, and overburden 
from the mining of uranium ore), except as provided by Sec. 266.112 of 
this chapter for facilities that burn or process hazardous waste.
    (i) For purposes of Sec. 261.4(b)(7) beneficiation of ores and 
minerals is restricted to the following activities; crushing; grinding; 
washing; dissolution; crystallization; filtration; sorting; sizing; 
drying; sintering; pelletizing; briquetting; calcining to remove water 
and/or carbon dioxide; roasting, autoclaving, and/or chlorination in 
preparation for leaching (except where the roasting (and/or autoclaving 
and/or chlorination)/leaching sequence produces a final or intermediate 
product that does not undergo further beneficiation or processing); 
gravity concentration; magnetic separation; electrostatic separation; 
flotation; ion exchange; solvent extraction; electrowinning; 
precipitation; amalgamation; and heap, dump, vat, tank, and in situ 
leaching.
    (ii) For the purposes of Sec. 261.4(b)(7), solid waste from the 
processing of ores and minerals includes only the following wastes as 
generated:
    (A) Slag from primary copper processing;
    (B) Slag from primary lead processing;
    (C) Red and brown muds from bauxite refining;
    (D) Phosphogypsum from phosphoric acid production;
    (E) Slag from elemental phosphorus production;
    (F) Gasifier ash from coal gasification;
    (G) Process wastewater from coal gasification;
    (H) Calcium sulfate wastewater treatment plant sludge from primary 
copper processing;
    (I) Slag tailings from primary copper processing;
    (J) Fluorogypsum from hydrofluoric acid production;
    (K) Process wastewater from hydrofluoric acid production;
    (L) Air pollution control dust/sludge from iron blast furnaces;
    (M) Iron blast furnace slag;
    (N) Treated residue from roasting/leaching of chrome ore;

[[Page 43]]

    (O) Process wastewater from primary magnesium processing by the 
anhydrous process;
    (P) Process wastewater from phosphoric acid production;
    (Q) Basic oxygen furnace and open hearth furnace air pollution 
control dust/sludge from carbon steel production;
    (R) Basic oxygen furnace and open hearth furnace slag from carbon 
steel production;
    (S ) Chloride process waste solids from titanium tetrachloride 
production;
    (T) Slag from primary zinc processing.
    (iii) A residue derived from co-processing mineral processing 
secondary materials with normal beneficiation raw materials or with 
normal mineral processing raw materials remains excluded under paragraph 
(b) of this section if the owner or operator:
    (A) Processes at least 50 percent by weight normal beneficiation raw 
materials or normal mineral processing raw materials; and,
    (B) Legitimately reclaims the secondary mineral processing 
materials.
    (8) Cement kiln dust waste, except as provided by Sec. 266.112 of 
this chapter for facilities that burn or process hazardous waste.
    (9) Solid waste which consists of discarded arsenical-treated wood 
or wood products which fails the test for the Toxicity Characteristic 
for Hazardous Waste Codes D004 through D017 and which is not a hazardous 
waste for any other reason if the waste is generated by persons who 
utilize the arsenical-treated wood and wood product for these materials' 
intended end use.
    (10) Petroleum-contaminated media and debris that fail the test for 
the Toxicity Characteristic of Sec. 261.24 (Hazardous Waste Codes D018 
through D043 only) and are subject to the corrective action regulations 
under part 280 of this chapter.
    (11) Injected groundwater that is hazardous only because it exhibits 
the Toxicity Characteristic (Hazardous Waste Codes D018 through D043 
only) in Sec. 261.24 of this part that is reinjected through an 
underground injection well pursuant to free phase hydrocarbon recovery 
operations undertaken at petroleum refineries, petroleum marketing 
terminals, petroleum bulk plants, petroleum pipelines, and petroleum 
transportation spill sites until January 25, 1993. This extension 
applies to recovery operations in existence, or for which contracts have 
been issued, on or before March 25, 1991. For groundwater returned 
through infiltration galleries from such operations at petroleum 
refineries, marketing terminals, and bulk plants, until [insert date six 
months after publication]. New operations involving injection wells 
(beginning after March 25, 1991) will qualify for this compliance date 
extension (until January 25, 1993) only if:
    (i) Operations are performed pursuant to a written state agreement 
that includes a provision to assess the groundwater and the need for 
further remediation once the free phase recovery is completed; and
    (ii) A copy of the written agreement has been submitted to: 
Characteristics Section (OS-333), U.S. Environmental Protection Agency, 
401 M Street, SW., Washington, DC 20460.
    (12) Used chlorofluorocarbon refrigerants from totally enclosed heat 
transfer equipment, including mobile air conditioning systems, mobile 
refrigeration, and commercial and industrial air conditioning and 
refrigeration systems that use chlorofluorocarbons as the heat transfer 
fluid in a refrigeration cycle, provided the refrigerant is reclaimed 
for further use.
    (13) Non-terne plated used oil filters that are not mixed with 
wastes listed in subpart D of this part if these oil filters have been 
gravity hot-drained using one of the following methods:
    (i) Puncturing the filter anti-drain back valve or the filter dome 
end and hot-draining;
    (ii) Hot-draining and crushing;
    (iii) Dismantling and hot-draining; or
    (iv) Any other equivalent hot-draining method that will remove used 
oil.
    (14) Used oil re-refining distillation bottoms that are used as 
feedstock to manufacture asphalt products.
    (15) Leachate or gas condensate collected from landfills where 
certain solid wastes have been disposed, provided that:

[[Page 44]]

    (i) The solid wastes disposed would meet one or more of the listing 
descriptions for Hazardous Waste Codes K169, K170, K171, and K172 if 
these wastes had been generated after the effective date of the listing 
(February 8, 1999);
    (ii) The solid wastes described in paragraph (b)(15)(i) of this 
section were disposed prior to the effective date of the listing;
    (iii) The leachate or gas condensate do not exhibit any 
characteristic of hazardous waste nor are derived from any other listed 
hazardous waste;
    (iv) Discharge of the leachate or gas condensate, including leachate 
or gas condensate transferred from the landfill to a POTW by truck, 
rail, or dedicated pipe, is subject to regulation under sections 307(b) 
or 402 of the Clean Water Act.
    (v) After February 13, 2001, leachate or gas condensate will no 
longer be exempt if it is stored or managed in a surface impoundment 
prior to discharge. There is one exception: if the surface impoundment 
is used to temporarily store leachate or gas condensate in response to 
an emergency situation (e.g., shutdown of wastewater treatment system), 
provided the impoundment has a double liner, and provided the leachate 
or gas condensate is removed from the impoundment and continues to be 
managed in compliance with the conditions of this paragraph after the 
emergency ends.
    (c) Hazardous wastes which are exempted from certain regulations. A 
hazardous waste which is generated in a product or raw material storage 
tank, a product or raw material transport vehicle or vessel, a product 
or raw material pipeline, or in a manufacturing process unit or an 
associated non-waste-treatment-manufacturing unit, is not subject to 
regulation under parts 262 through 265, 268, 270, 271 and 124 of this 
chapter or to the notification requirements of section 3010 of RCRA 
until it exits the unit in which it was generated, unless the unit is a 
surface impoundment, or unless the hazardous waste remains in the unit 
more than 90 days after the unit ceases to be operated for 
manufacturing, or for storage or transportation of product or raw 
materials.
    (d) Samples. (1) Except as provided in paragraph (d)(2) of this 
section, a sample of solid waste or a sample of water, soil, or air, 
which is collected for the sole purpose of testing to determine its 
characteristics or composition, is not subject to any requirements of 
this part or parts 262 through 268 or part 270 or part 124 of this 
chapter or to the notification requirements of section 3010 of RCRA, 
when:
    (i) The sample is being transported to a laboratory for the purpose 
of testing; or
    (ii) The sample is being transported back to the sample collector 
after testing; or
    (iii) The sample is being stored by the sample collector before 
transport to a laboratory for testing; or
    (iv) The sample is being stored in a laboratory before testing; or
    (v) The sample is being stored in a laboratory after testing but 
before it is returned to the sample collector; or
    (vi) The sample is being stored temporarily in the laboratory after 
testing for a specific purpose (for example, until conclusion of a court 
case or enforcement action where further testing of the sample may be 
necessary).
    (2) In order to qualify for the exemption in paragraphs (d)(1) (i) 
and (ii) of this section, a sample collector shipping samples to a 
laboratory and a laboratory returning samples to a sample collector 
must:
    (i) Comply with U.S. Department of Transportation (DOT), U.S. Postal 
Service (USPS), or any other applicable shipping requirements; or
    (ii) Comply with the following requirements if the sample collector 
determines that DOT, USPS, or other shipping requirements do not apply 
to the shipment of the sample:
    (A) Assure that the following information accompanies the sample:
    (1) The sample collector's name, mailing address, and telephone 
number;
    (2) The laboratory's name, mailing address, and telephone number;
    (3) The quantity of the sample;
    (4) The date of shipment; and
    (5) A description of the sample.
    (B) Package the sample so that it does not leak, spill, or vaporize 
from its packaging.

[[Page 45]]

    (3) This exemption does not apply if the laboratory determines that 
the waste is hazardous but the laboratory is no longer meeting any of 
the conditions stated in paragraph (d)(1) of this section.
    (e) Treatability Study Samples. (1) Except as provided in paragraph 
(e)(2) of this section, persons who generate or collect samples for the 
purpose of conducting treatability studies as defined in section 260.10, 
are not subject to any requirement of parts 261 through 263 of this 
chapter or to the notification requirements of Section 3010 of RCRA, nor 
are such samples included in the quantity determinations of Sec. 261.5 
and Sec. 262.34(d) when:
    (i) The sample is being collected and prepared for transportation by 
the generator or sample collector; or
    (ii) The sample is being accumulated or stored by the generator or 
sample collector prior to transportation to a laboratory or testing 
facility; or
    (iii) The sample is being transported to the laboratory or testing 
facility for the purpose of conducting a treatability study.
    (2) The exemption in paragraph (e)(1) of this section is applicable 
to samples of hazardous waste being collected and shipped for the 
purpose of conducting treatability studies provided that:
    (i) The generator or sample collector uses (in ``treatability 
studies'') no more than 10,000 kg of media contaminated with non-acute 
hazardous waste, 1000 kg of non-acute hazardous waste other than 
contaminated media, 1 kg of acute hazardous waste, 2500 kg of media 
contaminated with acute hazardous waste for each process being evaluated 
for each generated waste stream; and
    (ii) The mass of each sample shipment does not exceed 10,000 kg; the 
10,000 kg quantity may be all media contaminated with non-acute 
hazardous waste, or may include 2500 kg of media contaminated with acute 
hazardous waste, 1000 kg of hazardous waste, and 1 kg of acute hazardous 
waste; and
    (iii) The sample must be packaged so that it will not leak, spill, 
or vaporize from its packaging during shipment and the requirements of 
paragraph A or B of this subparagraph are met.
    (A) The transportation of each sample shipment complies with U.S. 
Department of Transportation (DOT), U.S. Postal Service (USPS), or any 
other applicable shipping requirements; or
    (B) If the DOT, USPS, or other shipping requirements do not apply to 
the shipment of the sample, the following information must accompany the 
sample:
    (1) The name, mailing address, and telephone number of the 
originator of the sample;
    (2) The name, address, and telephone number of the facility that 
will perform the treatability study;
    (3) The quantity of the sample;
    (4) The date of shipment; and
    (5) A description of the sample, including its EPA Hazardous Waste 
Number.
    (iv) The sample is shipped to a laboratory or testing facility which 
is exempt under Sec. 261.4(f) or has an appropriate RCRA permit or 
interim status.
    (v) The generator or sample collector maintains the following 
records for a period ending 3 years after completion of the treatability 
study:
    (A) Copies of the shipping documents;
    (B) A copy of the contract with the facility conducting the 
treatability study;
    (C) Documentation showing:
    (1) The amount of waste shipped under this exemption;
    (2) The name, address, and EPA identification number of the 
laboratory or testing facility that received the waste;
    (3) The date the shipment was made; and
    (4) Whether or not unused samples and residues were returned to the 
generator.
    (vi) The generator reports the information required under paragraph 
(e)(v)(C) of this section in its biennial report.
    (3) The Regional Administrator may grant requests on a case-by-case 
basis for up to an additional two years for treatability studies 
involving bioremediation. The Regional Administrator may grant requests 
on a case-by-case basis for quantity limits in excess of those specified 
in paragraphs

[[Page 46]]

(e)(2) (i) and (ii) and (f)(4) of this section, for up to an additional 
5000 kg of media contaminated with non-acute hazardous waste, 500 kg of 
non-acute hazardous waste, 2500 kg of media contaminated with acute 
hazardous waste and 1 kg of acute hazardous waste:
    (i) In response to requests for authorization to ship, store and 
conduct treatabilty studies on additional quantities in advance of 
commencing treatability studies. Factors to be considered in reviewing 
such requests include the nature of the technology, the type of process 
(e.g., batch versus continuous), size of the unit undergoing testing 
(particularly in relation to scale-up considerations), the time/quantity 
of material required to reach steady state operating conditions, or test 
design considerations such as mass balance calculations.
    (ii) In response to requests for authorization to ship, store and 
conduct treatability studies on additional quantities after initiation 
or completion of initial treatability studies, when: There has been an 
equipment or mechanical failure during the conduct of a treatability 
study; there is a need to verify the results of a previously conducted 
treatability study; there is a need to study and analyze alternative 
techniques within a previously evaluated treatment process; or there is 
a need to do further evaluation of an ongoing treatability study to 
determine final specifications for treatment.
    (iii) The additional quantities and timeframes allowed in paragraph 
(e)(3) (i) and (ii) of this section are subject to all the provisions in 
paragraphs (e) (1) and (e)(2) (iii) through (vi) of this section. The 
generator or sample collector must apply to the Regional Administrator 
in the Region where the sample is collected and provide in writing the 
following information:
    (A) The reason why the generator or sample collector requires 
additional time or quantity of sample for treatability study evaluation 
and the additional time or quantity needed;
    (B) Documentation accounting for all samples of hazardous waste from 
the waste stream which have been sent for or undergone treatability 
studies including the date each previous sample from the waste stream 
was shipped, the quantity of each previous shipment, the laboratory or 
testing facility to which it was shipped, what treatability study 
processes were conducted on each sample shipped, and the available 
results on each treatability study;
    (C) A description of the technical modifications or change in 
specifications which will be evaluated and the expected results;
    (D) If such further study is being required due to equipment or 
mechanical failure, the applicant must include information regarding the 
reason for the failure or breakdown and also include what procedures or 
equipment improvements have been made to protect against further 
breakdowns; and
    (E) Such other information that the Regional Administrator considers 
necessary.
    (f) Samples Undergoing Treatability Studies at Laboratories and 
Testing Facilities. Samples undergoing treatability studies and the 
laboratory or testing facility conducting such treatability studies (to 
the extent such facilities are not otherwise subject to RCRA 
requirements) are not subject to any requirement of this part, part 124, 
parts 262-266, 268, and 270, or to the notification requirements of 
Section 3010 of RCRA provided that the conditions of paragraphs (f) (1) 
through (11) of this section are met. A mobile treatment unit (MTU) may 
qualify as a testing facility subject to paragraphs (f) (1) through (11) 
of this section. Where a group of MTUs are located at the same site, the 
limitations specified in (f) (1) through (11) of this section apply to 
the entire group of MTUs collectively as if the group were one MTU.
    (1) No less than 45 days before conducting treatability studies, the 
facility notifies the Regional Administrator, or State Director (if 
located in an authorized State), in writing that it intends to conduct 
treatability studies under this paragraph.
    (2) The laboratory or testing facility conducting the treatability 
study has an EPA identification number.
    (3) No more than a total of 10,000 kg of ``as received'' media 
contaminated with non-acute hazardous waste, 2500 kg of media 
contaminated with acute hazardous waste or 250 kg of other ``as 
received'' hazardous waste is subject to

[[Page 47]]

initiation of treatment in all treatability studies in any single day. 
``As received'' waste refers to the waste as received in the shipment 
from the generator or sample collector.
    (4) The quantity of ``as received'' hazardous waste stored at the 
facility for the purpose of evaluation in treatability studies does not 
exceed 10,000 kg, the total of which can include 10,000 kg of media 
contaminated with non-acute hazardous waste, 2500 kg of media 
contaminated with acute hazardous waste, 1000 kg of non-acute hazardous 
wastes other than contaminated media, and 1 kg of acute hazardous waste. 
This quantity limitation does not include treatment materials (including 
nonhazardous solid waste) added to ``as received'' hazardous waste.
    (5) No more than 90 days have elapsed since the treatability study 
for the sample was completed, or no more than one year (two years for 
treatability studies involving bioremediation) have elapsed since the 
generator or sample collector shipped the sample to the laboratory or 
testing facility, whichever date first occurs. Up to 500 kg of treated 
material from a particular waste stream from treatability studies may be 
archived for future evaluation up to five years from the date of initial 
receipt. Quantities of materials archived are counted against the total 
storage limit for the facility.
    (6) The treatability study does not involve the placement of 
hazardous waste on the land or open burning of hazardous waste.
    (7) The facility maintains records for 3 years following completion 
of each study that show compliance with the treatment rate limits and 
the storage time and quantity limits. The following specific information 
must be included for each treatability study conducted:
    (i) The name, address, and EPA identification number of the 
generator or sample collector of each waste sample;
    (ii) The date the shipment was received;
    (iii) The quantity of waste accepted;
    (iv) The quantity of ``as received'' waste in storage each day;
    (v) The date the treatment study was initiated and the amount of 
``as received'' waste introduced to treatment each day;
    (vi) The date the treatability study was concluded;
    (vii) The date any unused sample or residues generated from the 
treatability study were returned to the generator or sample collector 
or, if sent to a designated facility, the name of the facility and the 
EPA identification number.
    (8) The facility keeps, on-site, a copy of the treatability study 
contract and all shipping papers associated with the transport of 
treatability study samples to and from the facility for a period ending 
3 years from the completion date of each treatability study.
    (9) The facility prepares and submits a report to the Regional 
Administrator, or State Director (if located in an authorized State), by 
March 15 of each year that estimates the number of studies and the 
amount of waste expected to be used in treatability studies during the 
current year, and includes the following information for the previous 
calendar year:
    (i) The name, address, and EPA identification number of the facility 
conducting the treatability studies;
    (ii) The types (by process) of treatability studies conducted;
    (iii) The names and addresses of persons for whom studies have been 
conducted (including their EPA identification numbers);
    (iv) The total quantity of waste in storage each day;
    (v) The quantity and types of waste subjected to treatability 
studies;
    (vi) When each treatability study was conducted;
    (vii) The final disposition of residues and unused sample from each 
treatability study.
    (10) The facility determines whether any unused sample or residues 
generated by the treatability study are hazardous waste under Sec. 261.3 
and, if so, are subject to parts 261 through 268, and part 270 of this 
chapter, unless the residues and unused samples are returned to the 
sample originator under the Sec. 261.4(e) exemption.
    (11) The facility notifies the Regional Administrator, or State 
Director (if located in an authorized State), by letter when the 
facility is no longer planning

[[Page 48]]

to conduct any treatability studies at the site.
    (g) Dredged material that is not a hazardous waste. Dredged material 
that is subject to the requirements of a permit that has been issued 
under 404 of the Federal Water Pollution Control Act (33 U.S.C.1344) or 
section 103 of the Marine Protection, Research, and Sanctuaries Act of 
1972 (33 U.S.C. 1413) is not a hazardous waste. For this paragraph (g), 
the following definitions apply:
    (1) The term dredged material has the same meaning as defined in 40 
CFR 232.2;
    (2) The term permit means:
    (i) A permit issued by the U.S. Army Corps of Engineers (Corps) or 
an approved State under section 404 of the Federal Water Pollution 
Control Act (33 U.S.C. 1344);
    (ii) A permit issued by the Corps under section 103 of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413); or
    (iii) In the case of Corps civil works projects, the administrative 
equivalent of the permits referred to in paragraphs (g)(2)(i) and (ii) 
of this section, as provided for in Corps regulations (for example, see 
33 CFR 336.1, 336.2, and 337.6).

[45 FR 33119, May 19, 1980]

    Editorial Note: For Federal Register citations affecting Sec. 261.4, 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.



Sec. 261.5  Special requirements for hazardous waste generated by conditionally 
exempt small quantity generators.

    (a) A generator is a conditionally exempt small quantity generator 
in a calendar month if he generates no more than 100 kilograms of 
hazardous waste in that month.
    (b) Except for those wastes identified in paragraphs (e), (f), (g), 
and (j) of this section, a conditionally exempt small quantity 
generator's hazardous wastes are not subject to regulation under parts 
262 through 266, 268, and parts 270 and 124 of this chapter, and the 
notification requirements of section 3010 of RCRA, provided the 
generator complies with the requirements of paragraphs (f), (g), and (j) 
of this section.
    (c) When making the quantity determinations of this part and 40 CFR 
part 262, the generator must include all hazardous waste that it 
generates, except hazardous waste that:
    (1) Is exempt from regulation under 40 CFR 261.4(c) through (f), 
261.6(a)(3), 261.7(a)(1), or 261.8; or
    (2) Is managed immediately upon generation only in on-site 
elementary neutralization units, wastewater treatment units, or totally 
enclosed treatment facilities as defined in 40 CFR 260.10; or
    (3) Is recycled, without prior storage or accumulation, only in an 
on-site process subject to regulation under 40 CFR 261.6(c)(2); or
    (4) Is used oil managed under the requirements of 40 CFR 261.6(a)(4) 
and 40 CFR part 279; or
    (5) Is spent lead-acid batteries managed under the requirements of 
40 CFR part 266, subpart G; or
    (6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part 
273.
    (d) In determining the quantity of hazardous waste generated, a 
generator need not include:
    (1) Hazardous waste when it is removed from on-site storage; or
    (2) Hazardous waste produced by on-site treatment (including 
reclamation) of his hazardous waste, so long as the hazardous waste that 
is treated was counted once; or
    (3) Spent materials that are generated, reclaimed, and subsequently 
reused on-site, so long as such spent materials have been counted once.
    (e) If a generator generates acute hazardous waste in a calendar 
month in quantities greater than set forth below, all quantities of that 
acute hazardous waste are subject to full regulation under parts 262 
through 266, 268, and parts 270 and 124 of this chapter, and the 
notification requirements of section 3010 of RCRA:
    (1) A total of one kilogram of acute hazardous wastes listed in 
Secs. 261.31, 261.32, or 261.33(e).
    (2) A total of 100 kilograms of any residue or contaminated soil, 
waste, or other debris resulting from the clean-up of a spill, into or 
on any land or water, of any acute hazardous wastes listed in 
Secs. 261.31, 261.32, or 261.33(e).

[[Page 49]]

    [Comment: ``Full regulation'' means those regulations applicable to 
generators of greater than 1,000 kg of non-acutely hazardous waste in a 
calendar month.]
    (f) In order for acute hazardous wastes generated by a generator of 
acute hazardous wastes in quantities equal to or less than those set 
forth in paragraph (e)(1) or (2) of this section to be excluded from 
full regulation under this section, the generator must comply with the 
following requirements:
    (1) Section 262.11 of this chapter;
    (2) The generator may accumulate acute hazardous waste on-site. If 
he accumulates at any time acute hazardous wastes in quantities greater 
than those set forth in paragraph (e)(1) or (e)(2) of this section, all 
of those accumulated wastes are subject to regulation under parts 262 
through 266, 268, and parts 270 and 124 of this chapter, and the 
applicable notification requirements of section 3010 of RCRA. The time 
period of Sec. 262.34(a) of this chapter, for accumulation of wastes on-
site, begins when the accumulated wastes exceed the applicable exclusion 
limit;
    (3) A conditionally exempt small quantity generator may either treat 
or dispose of his acute hazardous waste in an on-site facility or ensure 
delivery to an off-site treatment, storage, or disposal facility, either 
of which, if located in the U.S., is:
    (i) Permitted under part 270 of this chapter;
    (ii) In interim status under parts 270 and 265 of this chapter;
    (iii) Authorized to manage hazardous waste by a State with a 
hazardous waste management program approved under part 271 of this 
chapter;
    (iv) Permitted, licensed, or registered by a State to manage 
municipal solid waste and, if managed in a municipal solid waste 
landfill is subject to Part 258 of this chapter;
    (v) Permitted, licensed, or registered by a State to manage non-
municipal non-hazardous waste and, if managed in a non-municipal non-
hazardous waste disposal unit after January 1, 1998, is subject to the 
requirements in Secs. 257.5 through 257.30 of this chapter; or
    (vi) A facility which:
    (A) Beneficially uses or reuses, or legitimately recycles or 
reclaims its waste; or
    (B) Treats its waste prior to beneficial use or reuse, or legitimate 
recycling or reclamation; or
    (vii) For universal waste managed under part 273 of this chapter, a 
universal waste handler or destination facility subject to the 
requirements of part 273 of this chapter.
    (g) In order for hazardous waste generated by a conditionally exempt 
small quantity generator in quantities of less than 100 kilograms of 
hazardous waste during a calendar month to be excluded from full 
regulation under this section, the generator must comply with the 
following requirements:
    (1) Section 262.11 of this chapter;
    (2) The conditionally exempt small quantity generator may accumulate 
hazardous waste on-site. If he accumulates at any time more than a total 
of 1000 kilograms of his hazardous wastes, all of those accumulated 
wastes are subject to regulation under the special provisions of part 
262 applicable to generators of between 100 kg and 1000 kg of hazardous 
waste in a calendar month as well as the requirements of parts 263 
through 266, 268, and parts 270 and 124 of this chapter, and the 
applicable notification requirements of section 3010 of RCRA. The time 
period of Sec. 262.34(d) for accumulation of wastes on-site begins for a 
conditionally exempt small quantity generator when the accumulated 
wastes exceed 1000 kilograms;
    (3) A conditionally exempt small quantity generator may either treat 
or dispose of his hazardous waste in an on-site facility or ensure 
delivery to an off-site treatment, storage or disposal facility, either 
of which, if located in the U.S., is:
    (i) Permitted under part 270 of this chapter;
    (ii) In interim status under parts 270 and 265 of this chapter;
    (iii) Authorized to manage hazardous waste by a State with a 
hazardous waste management program approved under part 271 of this 
chapter;
    (iv) Permitted, licensed, or registered by a State to manage 
municipal solid waste and, if managed in a municipal solid waste 
landfill is subject to Part 258 of this chapter;
    (v) Permitted, licensed, or registered by a State to manage non-
municipal non-hazardous waste and, if managed

[[Page 50]]

in a non-municipal non-hazardous waste disposal unit after January 1, 
1998, is subject to the requirements in Secs. 257.5 through 257.30 of 
this chapter; or
    (vi) A facility which:
    (A) Beneficially uses or reuses, or legitimately recycles or 
reclaims its waste; or
    (B) Treats its waste prior to beneficial use or reuse, or legitimate 
recycling or reclamation; or
    (vii) For universal waste managed under part 273 of this chapter, a 
universal waste handler or destination facility subject to the 
requirements of part 273 of this chapter.
    (h) Hazardous waste subject to the reduced requirements of this 
section may be mixed with non-hazardous waste and remain subject to 
these reduced requirements even though the resultant mixture exceeds the 
quantity limitations identified in this section, unless the mixture 
meets any of the characteristics of hazardous waste identified in 
subpart C.
    (i) If any person mixes a solid waste with a hazardous waste that 
exceeds a quantity exclusion level of this section, the mixture is 
subject to full regulation.
    (j) If a conditionally exempt small quantity generator's wastes are 
mixed with used oil, the mixture is subject to part 279 of this chapter 
if it is destined to be burned for energy recovery. Any material 
produced from such a mixture by processing, blending, or other treatment 
is also so regulated if it is destined to be burned for energy recovery.

[51 FR 10174, Mar. 24, 1986, as amended at 51 FR 28682, Aug. 8, 1986; 51 
FR 40637, Nov. 7, 1986; 53 FR 27163, July 19, 1988; 58 FR 26424, May 3, 
1993; 60 FR 25541, May 11, 1995; 61 FR 34278, July 1, 1996; 63 FR 24968, 
May 6, 1998; 63 FR 37782, July 14, 1998]



Sec. 261.6  Requirements for recyclable materials.

    (a)(1) Hazardous wastes that are recycled are subject to the 
requirements for generators, transporters, and storage facilities of 
paragraphs (b) and (c) of this section, except for the materials listed 
in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that 
are recycled will be known as ``recyclable materials.''
    (2) The following recyclable materials are not subject to the 
requirements of this section but are regulated under subparts C through 
H of part 266 of this chapter and all applicable provisions in parts 270 
and 124 of this chapter:
    (i) Recyclable materials used in a manner constituting disposal 
(subpart C);
    (ii) Hazardous wastes burned for energy recovery in boilers and 
industrial furnaces that are not regulated under subpart O of part 264 
or 265 of this chapter (subpart H);
    (iii) Recyclable materials from which precious metals are reclaimed 
(subpart F);
    (iv) Spent lead-acid batteries that are being reclaimed (subpart G).
    (3) The following recyclable materials are not subject to regulation 
under parts 262 through parts 266 or parts 268, 270 or 124 of this 
chapter, and are not subject to the notification requirements of section 
3010 of RCRA:
    (i) Industrial ethyl alcohol that is reclaimed except that, unless 
provided otherwise in an international agreement as specified in 
Sec. 262.58:
    (A) A person initiating a shipment for reclamation in a foreign 
country, and any intermediary arranging for the shipment, must comply 
with the requirements applicable to a primary exporter in Secs. 262.53, 
262.56 (a)(1)-(4), (6), and (b), and 262.57, export such materials only 
upon consent of the receiving country and in conformance with the EPA 
Acknowledgment of Consent as defined in subpart E of part 262, and 
provide a copy of the EPA Acknowledgment of Consent to the shipment to 
the transporter transporting the shipment for export;
    (B) Transporters transporting a shipment for export may not accept a 
shipment if he knows the shipment does not conform to the EPA 
Acknowledgment of Consent, must ensure that a copy of the EPA 
Acknowledgment of Consent accompanies the shipment and must ensure that 
it is delivered to the facility designated by the person initiating the 
shipment.
    (ii) Scrap metal that is not excluded under Sec. 261.4(a)(13);
    (iii) Fuels produced from the refining of oil-bearing hazardous 
waste along

[[Page 51]]

with normal process streams at a petroleum refining facility if such 
wastes result from normal petroleum refining, production, and 
transportation practices (this exemption does not apply to fuels 
produced from oil recovered from oil-bearing hazardous waste, where such 
recovered oil is already excluded under Sec. 261.4(a)(12);
    (iv)(A) Hazardous waste fuel produced from oil-bearing hazardous 
wastes from petroleum refining, production, or transportation practices, 
or produced from oil reclaimed from such hazardous wastes, where such 
hazardous wastes are reintroduced into a process that does not use 
distillation or does not produce products from crude oil so long as the 
resulting fuel meets the used oil specification under Sec. 279.11 of 
this chapter and so long as no other hazardous wastes are used to 
produce the hazardous waste fuel;
    (B) Hazardous waste fuel produced from oil-bearing hazardous waste 
from petroleum refining production, and transportation practices, where 
such hazardous wastes are reintroduced into a refining process after a 
point at which contaminants are removed, so long as the fuel meets the 
used oil fuel specification under Sec. 279.11 of this chapter; and
    (C) Oil reclaimed from oil-bearing hazardous wastes from petroleum 
refining, production, and transportation practices, which reclaimed oil 
is burned as a fuel without reintroduction to a refining process, so 
long as the reclaimed oil meets the used oil fuel specification under 
Sec. 279.11 of this chapter.
    (4) Used oil that is recycled and is also a hazardous waste solely 
because it exhibits a hazardous characteristic is not subject to the 
requirements of parts 260 through 268 of this chapter, but is regulated 
under part 279 of this chapter. Used oil that is recycled includes any 
used oil which is reused, following its original use, for any purpose 
(including the purpose for which the oil was originally used). Such term 
includes, but is not limited to, oil which is re-refined, reclaimed, 
burned for energy recovery, or reprocessed.
    (5) Hazardous waste that is exported to or imported from designated 
member countries of the Organization for Economic Cooperation and 
Development (OECD) (as defined in Sec. 262.58(a)(1)) for purpose of 
recovery is subject to the requirements of 40 CFR part 262, subpart H, 
if it is subject to either the Federal manifesting requirements of 40 
CFR Part 262, to the universal waste management standards of 40 CFR Part 
273, or to State requirements analogous to 40 CFR Part 273.
    (b) Generators and transporters of recyclable materials are subject 
to the applicable requirements of parts 262 and 263 of this chapter and 
the notification requirements under section 3010 of RCRA, except as 
provided in paragraph (a) of this section.
    (c)(1) Owners and operators of facilities that store recyclable 
materials before they are recycled are regulated under all applicable 
provisions of subparts A though L, AA, BB, and CC of parts 264 and 265, 
and under parts 124, 266, 268, and 270 of this chapter and the 
notification requirements under section 3010 of RCRA, except as provided 
in paragraph (a) of this section. (The recycling process itself is 
exempt from regulation except as provided in Sec. 261.6(d).)
    (2) Owners or operators of facilities that recycle recyclable 
materials without storing them before they are rcycled are subject to 
the following requirements, except as provided in paragraph (a) of this 
section:
    (i) Notification requirements under section 3010 of RCRA;
    (ii) Sections 265.71 and 265.72 (dealing with the use of the 
manifest and manifest discrepancies) of this chapter.
    (iii) Section 261.6(d) of this chapter.
    (d) Owners or operators of facilities subject to RCRA permitting 
requirements with hazardous waste management units that recycle 
hazardous wastes are subject to the requirements of subparts AA and BB 
of part 264 or 265 of this chapter.

[50 FR 49203, Nov. 29, 1985, as amended at 51 FR 28682, Aug. 8, 1986; 51 
FR 40637, Nov. 7, 1986; 52 FR 11821, Apr. 13, 1987; 55 FR 25493, June 
21, 1990; 56 FR 7207, Feb. 21, 1991; 56 FR 32692, July 17, 1991; 57 FR 
41612, Sept. 10, 1992; 59 FR 38545, July 28, 1994; 60 FR 25541, May 11, 
1995; 61 FR 16309, Apr. 12, 1996; 61 FR 59950, Nov. 25, 1996; 62 FR 
26019, May 12, 1997; 63 FR 24968, May 6, 1998; 63 FR 42185, Aug. 6, 
1998]

[[Page 52]]



Sec. 261.7  Residues of hazardous waste in empty containers.

    (a)(1) Any hazardous waste remaining in either (i) an empty 
container or (ii) an inner liner removed from an empty container, as 
defined in paragraph (b) of this section, is not subject to regulation 
under parts 261 through 265, or part 268, 270 or 124 of this chapter or 
to the notification requirements of section 3010 of RCRA.
    (2) Any hazardous waste in either (i) a container that is not empty 
or (ii) an inner liner removed from a container that is not empty, as 
defined in paragraph (b) of this section, is subject to regulation under 
parts 261 through 265, and parts 268, 270 and 124 of this chapter and to 
the notification requirements of section 3010 of RCRA.
    (b)(1) A container or an inner liner removed from a container that 
has held any hazardous waste, except a waste that is a compressed gas or 
that is identified as an acute hazardous waste listed in Secs. 261.31, 
261.32, or 261.33(e) of this chapter is empty if:
    (i) All wastes have been removed that can be removed using the 
practices commonly employed to remove materials from that type of 
container, e.g., pouring, pumping, and aspirating, and
    (ii) No more than 2.5 centimeters (one inch) of residue remain on 
the bottom of the container or inner liner, or
    (iii)(A) No more than 3 percent by weight of the total capacity of 
the container remains in the container or inner liner if the container 
is less than or equal to 110 gallons in size, or
    (B) No more than 0.3 percent by weight of the total capacity of the 
container remains in the container or inner liner if the container is 
greater than 110 gallons in size.
    (2) A container that has held a hazardous waste that is a compressed 
gas is empty when the pressure in the container approaches atmospheric.
    (3) A container or an inner liner removed from a container that has 
held an acute hazardous waste listed in Secs. 261.31, 261.32, or 
261.33(e) is empty if:
    (i) The container or inner liner has been triple rinsed using a 
solvent capable of removing the commercial chemical product or 
manufacturing chemical intermediate;
    (ii) The container or inner liner has been cleaned by another method 
that has been shown in the scientific literature, or by tests conducted 
by the generator, to achieve equivalent removal; or
    (iii) In the case of a container, the inner liner that prevented 
contact of the commercial chemical product or manufacturing chemical 
intermediate with the container, has been removed.

[45 FR 78529, Nov. 25, 1980, as amended at 47 FR 36097, Aug. 18, 1982; 
48 FR 14294, Apr. 1, 1983; 50 FR 1999, Jan. 14, 1985; 51 FR 40637, Nov. 
7, 1986]



Sec. 261.8  PCB wastes regulated under Toxic Substance Control Act.

    The disposal of PCB-containing dielectric fluid and electric 
equipment containing such fluid authorized for use and regulated under 
part 761 of this chapter and that are hazardous only because they fail 
the test for the Toxicity Characteristic (Hazardous Waste Codes D018 
through D043 only) are exempt from regulation under parts 261 through 
265, and parts 268, 270, and 124 of this chapter, and the notification 
requirements of section 3010 of RCRA.

[55 FR 11862, Mar. 29, 1990]



Sec. 261.9  Requirements for Universal Waste.

    The wastes listed in this section are exempt from regulation under 
parts 262 through 270 of this chapter except as specified in part 273 of 
this chapter and, therefore are not fully regulated as hazardous waste. 
The wastes listed in this section are subject to regulation under 40 CFR 
part 273:
    (a) Batteries as described in 40 CFR 273.2;
    (b) Pesticides as described in Sec. 273.3 of this chapter;
    (c) Thermostats as described in Sec. 273.4 of this chapter; and
    (d) Lamps as described in Sec. 273.5 of this chapter.

[60 FR 25541, May 11, 1995, as amended at 64 FR 36487, July 6, 1999]

[[Page 53]]



  Subpart B--Criteria for Identifying the Characteristics of Hazardous 
                  Waste and for Listing Hazardous Waste



Sec. 261.10  Criteria for identifying the characteristics of hazardous waste.

    (a) The Administrator shall identify and define a characteristic of 
hazardous waste in subpart C only upon determining that:
    (1) A solid waste that exhibits the characteristic may:
    (i) Cause, or significantly contribute to, an increase in mortality 
or an increase in serious irreversible, or incapacitating reversible, 
illness; or
    (ii) Pose a substantial present or potential hazard to human health 
or the environment when it is improperly treated, stored, transported, 
disposed of or otherwise managed; and
    (2) The characteristic can be:
    (i) Measured by an available standardized test method which is 
reasonably within the capability of generators of solid waste or private 
sector laboratories that are available to serve generators of solid 
waste; or
    (ii) Reasonably detected by generators of solid waste through their 
knowledge of their waste.
    (b) [Reserved].



Sec. 261.11  Criteria for listing hazardous waste.

    (a) The Administrator shall list a solid waste as a hazardous waste 
only upon determining that the solid waste meets one of the following 
criteria:
    (1) It exhibits any of the characteristics of hazardous waste 
identified in subpart C.
    (2) It has been found to be fatal to humans in low doses or, in the 
absence of data on human toxicity, it has been shown in studies to have 
an oral LD 50 toxicity (rat) of less than 50 milligrams per kilogram, an 
inhalation LC 50 toxicity (rat) of less than 2 milligrams per liter, or 
a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per 
kilogram or is otherwise capable of causing or significantly 
contributing to an increase in serious irreversible, or incapacitating 
reversible, illness. (Waste listed in accordance with these criteria 
will be designated Acute Hazardous Waste.)
    (3) It contains any of the toxic constituents listed in appendix 
VIII and, after considering the following factors, the Administrator 
concludes that the waste is capable of posing a substantial present or 
potential hazard to human health or the environment when improperly 
treated, stored, transported or disposed of, or otherwise managed:
    (i) The nature of the toxicity presented by the constituent.
    (ii) The concentration of the constituent in the waste.
    (iii) The potential of the constituent or any toxic degradation 
product of the constituent to migrate from the waste into the 
environment under the types of improper management considered in 
paragraph (a)(3)(vii) of this section.
    (iv) The persistence of the constituent or any toxic degradation 
product of the constituent.
    (v) The potential for the constituent or any toxic degradation 
product of the constituent to degrade into non-harmful constituents and 
the rate of degradation.
    (vi) The degree to which the constituent or any degradation product 
of the constituent bioaccumulates in ecosystems.
    (vii) The plausible types of improper management to which the waste 
could be subjected.
    (viii) The quantities of the waste generated at individual 
generation sites or on a regional or national basis.
    (ix) The nature and severity of the human health and environmental 
damage that has occurred as a result of the improper management of 
wastes containing the constituent.
    (x) Action taken by other governmental agencies or regulatory 
programs based on the health or environmental hazard posed by the waste 
or waste constituent.
    (xi) Such other factors as may be appropriate.

Substances will be listed on appendix VIII only if they have been shown 
in scientific studies to have toxic, carcinogenic, mutagenic or 
teratogenic effects on humans or other life forms.
    (Wastes listed in accordance with these criteria will be designated 
Toxic wastes.)
    (b) The Administrator may list classes or types of solid waste as 
hazardous

[[Page 54]]

waste if he has reason to believe that individual wastes, within the 
class or type of waste, typically or frequently are hazardous under the 
definition of hazardous waste found in section 1004(5) of the Act.
    (c) The Administrator will use the criteria for listing specified in 
this section to establish the exclusion limits referred to in 
Sec. 261.5(c).

[45 FR 33119, May 19, 1980, as amended at 55 FR 18726, May 4, 1990; 57 
FR 14, Jan. 2, 1992]



              Subpart C--Characteristics of Hazardous Waste



Sec. 261.20  General.

    (a) A solid waste, as defined in Sec. 261.2, which is not excluded 
from regulation as a hazardous waste under Sec. 261.4(b), is a hazardous 
waste if it exhibits any of the characteristics identified in this 
subpart.
[Comment: Sec. 262.11 of this chapter sets forth the generator's 
responsibility to determine whether his waste exhibits one or more of 
the characteristics identified in this subpart]
    (b) A hazardous waste which is identified by a characteristic in 
this subpart is assigned every EPA Hazardous Waste Number that is 
applicable as set forth in this subpart. This number must be used in 
complying with the notification requirements of section 3010 of the Act 
and all applicable recordkeeping and reporting requirements under parts 
262 through 265, 268, and 270 of this chapter.
    (c) For purposes of this subpart, the Administrator will consider a 
sample obtained using any of the applicable sampling methods specified 
in appendix I to be a representative sample within the meaning of part 
260 of this chapter.
[Comment: Since the appendix I sampling methods are not being formally 
adopted by the Administrator, a person who desires to employ an 
alternative sampling method is not required to demonstrate the 
equivalency of his method under the procedures set forth in Secs. 260.20 
and 260.21.]

[45 FR 33119, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 55 
FR 22684, June 1, 1990; 56 FR 3876, Jan. 31, 1991]



Sec. 261.21  Characteristic of ignitability.

    (a) A solid waste exhibits the characteristic of ignitability if a 
representative sample of the waste has any of the following properties:
    (1) It is a liquid, other than an aqueous solution containing less 
than 24 percent alcohol by volume and has flash point less than 60 
deg.C (140  deg.F), as determined by a Pensky-Martens Closed Cup Tester, 
using the test method specified in ASTM Standard D-93-79 or D-93-80 
(incorporated by reference, see Sec. 260.11), or a Setaflash Closed Cup 
Tester, using the test method specified in ASTM Standard D-3278-78 
(incorporated by reference, see Sec. 260.11), or as determined by an 
equivalent test method approved by the Administrator under procedures 
set forth in Secs. 260.20 and 260.21.
    (2) It is not a liquid and is capable, under standard temperature 
and pressure, of causing fire through friction, absorption of moisture 
or spontaneous chemical changes and, when ignited, burns so vigorously 
and persistently that it creates a hazard.
    (3) It is an ignitable compressed gas as defined in 49 CFR 173.300 
and as determined by the test methods described in that regulation or 
equivalent test methods approved by the Administrator under Secs. 260.20 
and 260.21.
    (4) It is an oxidizer as defined in 49 CFR 173.151.
    (b) A solid waste that exhibits the characteristic of ignitability 
has the EPA Hazardous Waste Number of D001.

[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 
FR 22684, June 1, 1990]



Sec. 261.22  Characteristic of corrosivity.

    (a) A solid waste exhibits the characteristic of corrosivity if a 
representative sample of the waste has either of the following 
properties:
    (1) It is aqueous and has a pH less than or equal to 2 or greater 
than or equal to 12.5, as determined by a pH meter using Method 9040 in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication SW-846, as incorporated by reference in Sec. 260.11 of 
this chapter.
    (2) It is a liquid and corrodes steel (SAE 1020) at a rate greater 
than 6.35 mm (0.250 inch) per year at a test temperature of 55  deg.C 
(130  deg.F) as determined by the test method specified in NACE

[[Page 55]]

(National Association of Corrosion Engineers) Standard TM-01-69 as 
standardized in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, as incorporated by reference 
in Sec. 260.11 of this chapter.
    (b) A solid waste that exhibits the characteristic of corrosivity 
has the EPA Hazardous Waste Number of D002.

[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 
FR 22684, June 1, 1990; 58 FR 46049, Aug. 31, 1993]



Sec. 261.23  Characteristic of reactivity.

    (a) A solid waste exhibits the characteristic of reactivity if a 
representative sample of the waste has any of the following properties:
    (1) It is normally unstable and readily undergoes violent change 
without detonating.
    (2) It reacts violently with water.
    (3) It forms potentially explosive mixtures with water.
    (4) When mixed with water, it generates toxic gases, vapors or fumes 
in a quantity sufficient to present a danger to human health or the 
environment.
    (5) It is a cyanide or sulfide bearing waste which, when exposed to 
pH conditions between 2 and 12.5, can generate toxic gases, vapors or 
fumes in a quantity sufficient to present a danger to human health or 
the environment.
    (6) It is capable of detonation or explosive reaction if it is 
subjected to a strong initiating source or if heated under confinement.
    (7) It is readily capable of detonation or explosive decomposition 
or reaction at standard temperature and pressure.
    (8) It is a forbidden explosive as defined in 49 CFR 173.51, or a 
Class A explosive as defined in 49 CFR 173.53 or a Class B explosive as 
defined in 49 CFR 173.88.
    (b) A solid waste that exhibits the characteristic of reactivity has 
the EPA Hazardous Waste Number of D003.

[45 FR 33119, May 19, 1980, as amended at 55 FR 22684, June 1, 1990]



Sec. 261.24  Toxicity characteristic.

    (a) A solid waste exhibits the characteristic of toxicity if, using 
the Toxicity Characteristic Leaching Procedure, test Method 1311 in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication SW-846, as incorporated by reference in Sec. 260.11 of 
this chapter, the extract from a representative sample of the waste 
contains any of the contaminants listed in table 1 at the concentration 
equal to or greater than the respective value given in that table. Where 
the waste contains less than 0.5 percent filterable solids, the waste 
itself, after filtering using the methodology outlined in Method 1311, 
is considered to be the extract for the purpose of this section.
    (b) A solid waste that exhibits the characteristic of toxicity has 
the EPA Hazardous Waste Number specified in Table I which corresponds to 
the toxic contaminant causing it to be hazardous.

     Table 1--Maximum Concentration of Contaminants for the Toxicity
                             Characteristic
------------------------------------------------------------------------
                                                              Regulatory
   EPA HW No. \1\            Contaminant         CAS No. \2\  Level (mg/
                                                                  L)
------------------------------------------------------------------------
D004                 Arsenic...................    7440-38-2        5.0
D005                 Barium....................    7440-39-3      100.0
D018                 Benzene...................      71-43-2        0.5
D006                 Cadmium...................    7440-43-9        1.0
D019                 Carbon tetrachloride......      56-23-5        0.5
D020                 Chlordane.................      57-74-9       0.03
D021                 Chlorobenzene.............     108-90-7      100.0
D022                 Chloroform................      67-66-3        6.0
D007                 Chromium..................    7440-47-3        5.0
D023                 o-Cresol..................      95-48-7  \4\ 200.0
D024                 m-Cresol..................     108-39-4  \4\ 200.0
D025                 p-Cresol..................     106-44-5  \4\ 200.0
D026                 Cresol....................  ...........  \4\ 200.0
D016                 2,4-D.....................      94-75-7       10.0
D027                 1,4-Dichlorobenzene.......     106-46-7        7.5
D028                 1,2-Dichloroethane........     107-06-2        0.5
D029                 1,1-Dichloroethylene......      75-35-4        0.7
D030                 2,4-Dinitrotoluene........     121-14-2   \3\ 0.13
D012                 Endrin....................      72-20-8       0.02
D031                 Heptachlor (and its             76-44-8      0.008
                      epoxide).
D032                 Hexachlorobenzene.........     118-74-1   \3\ 0.13
D033                 Hexachlorobutadiene.......      87-68-3        0.5
D034                 Hexachloroethane..........      67-72-1        3.0
D008                 Lead......................    7439-92-1        5.0
D013                 Lindane...................      58-89-9        0.4
D009                 Mercury...................    7439-97-6        0.2
D014                 Methoxychlor..............      72-43-5       10.0
D035                  Methyl ethyl ketone......      78-93-3      200.0
D036                 Nitrobenzene..............      98-95-3        2.0
D037                 Pentrachlorophenol........      87-86-5      100.0
D038                 Pyridine..................     110-86-1    \3\ 5.0
D010                 Selenium..................    7782-49-2        1.0
D011                 Silver....................    7440-22-4        5.0
D039                 Tetrachloroethylene.......     127-18-4        0.7
D015                 Toxaphene.................    8001-35-2        0.5
D040                 Trichloroethylene.........      79-01-6        0.5
D041                 2,4,5-Trichlorophenol.....      95-95-4      400.0
D042                 2,4,6-Trichlorophenol.....      88-06-2        2.0
D017                 2,4,5-TP (Silvex).........      93-72-1        1.0
D043                 Vinyl chloride............      75-01-4        0.2
------------------------------------------------------------------------
\1\ Hazardous waste number.
\2\ Chemical abstracts service number.

[[Page 56]]

 
\3\ Quantitation limit is greater than the calculated regulatory level.
  The quantitation limit therefore becomes the regulatory level.
\4\ If o-, m-, and p-Cresol concentrations cannot be differentiated, the
  total cresol (D026) concentration is used. The regulatory level of
  total cresol is 200 mg/l.


[55 FR 11862, Mar. 29, 1990, as amended at 55 FR 22684, June 1, 1990; 55 
FR 26987, June 29, 1990; 58 FR 46049, Aug. 31, 1993]



                  Subpart D--Lists of Hazardous Wastes



Sec. 261.30  General.

    (a) A solid waste is a hazardous waste if it is listed in this 
subpart, unless it has been excluded from this list under Secs. 260.20 
and 260.22.
    (b) The Administrator will indicate his basis for listing the 
classes or types of wastes listed in this subpart by employing one or 
more of the following Hazard Codes:

Ignitable Waste...............................  (I)
Corrosive Waste...............................  (C)
Reactive Waste................................  (R)
Toxicity Characteristic Waste.................  (E)
Acute Hazardous Waste.........................  (H)
Toxic Waste...................................  (T)
 


Appendix VII identifies the constituent which caused the Administrator 
to list the waste as a Toxicity Characteristic Waste (E) or Toxic Waste 
(T) in Secs. 261.31 and 261.32.
    (c) Each hazardous waste listed in this subpart is assigned an EPA 
Hazardous Waste Number which precedes the name of the waste. This number 
must be used in complying with the notification requirements of Section 
3010 of the Act and certain recordkeeping and reporting requirements 
under parts 262 through 265, 268, and part 270 of this chapter.
    (d) The following hazardous wastes listed in Sec. 261.31 or 
Sec. 261.32 are subject to the exclusion limits for acutely hazardous 
wastes established in Sec. 261.5: EPA Hazardous Wastes Nos. FO20, FO21, 
FO22, FO23, FO26, and FO27.

[45 FR 33119, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 
FR 2000, Jan. 14, 1985; 51 FR 40636, Nov. 7, 1986; 55 FR 11863, Mar. 29, 
1990]


Sec. 261.31    Hazardous wastes from non-specific sources.

(a) The following solid wastes are listed hazardous wastes from non-
specific sources unless they are excluded under Secs. 260.20 and 260.22 
and listed in appendix IX.

------------------------------------------------------------------------
   Industry and EPA hazardous
           waste No.                  Hazardous waste        Hazard code
------------------------------------------------------------------------
Generic:
  F001.........................  The following spent        (T)
                                  halogenated solvents
                                  used in degreasing:
                                  Tetrachloroethylene,
                                  trichloroethylene,
                                  methylene chloride,
                                  1,1,1-trichloroethane,
                                  carbon tetrachloride,
                                  and chlorinated
                                  fluorocarbons; all spent
                                  solvent mixtures/blends
                                  used in degreasing
                                  containing, before use,
                                  a total of ten percent
                                  or more (by volume) of
                                  one or more of the above
                                  halogenated solvents or
                                  those solvents listed in
                                  F002, F004, and F005;
                                  and still bottoms from
                                  the recovery of these
                                  spent solvents and spent
                                  solvent mixtures.
  F002.........................  The following spent        (T)
                                  halogenated solvents:
                                  Tetrachloroethylene,
                                  methylene chloride,
                                  trichloroethylene, 1,1,1-
                                  trichloroethane,
                                  chlorobenzene, 1,1,2-
                                  trichloro-1,2,2-
                                  trifluoroethane, ortho-
                                  dichlorobenzene,
                                  trichlorofluoromethane,
                                  and 1,1,2-
                                  trichloroethane; all
                                  spent solvent mixtures/
                                  blends containing,
                                  before use, a total of
                                  ten percent or more (by
                                  volume) of one or more
                                  of the above halogenated
                                  solvents or those listed
                                  in F001, F004, or F005;
                                  and still bottoms from
                                  the recovery of these
                                  spent solvents and spent
                                  solvent mixtures.
  F003.........................  The following spent non-   (I)*
                                  halogenated solvents:
                                  Xylene, acetone, ethyl
                                  acetate, ethyl benzene,
                                  ethyl ether, methyl
                                  isobutyl ketone, n-butyl
                                  alcohol, cyclohexanone,
                                  and methanol; all spent
                                  solvent mixtures/blends
                                  containing, before use,
                                  only the above spent non-
                                  halogenated solvents;
                                  and all spent solvent
                                  mixtures/blends
                                  containing, before use,
                                  one or more of the above
                                  non-halogenated
                                  solvents, and, a total
                                  of ten percent or more
                                  (by volume) of one or
                                  more of those solvents
                                  listed in F001, F002,
                                  F004, and F005; and
                                  still bottoms from the
                                  recovery of these spent
                                  solvents and spent
                                  solvent mixtures.
  F004.........................  The following spent non-   (T)
                                  halogenated solvents:
                                  Cresols and cresylic
                                  acid, and nitrobenzene;
                                  all spent solvent
                                  mixtures/blends
                                  containing, before use,
                                  a total of ten percent
                                  or more (by volume) of
                                  one or more of the above
                                  non-halogenated solvents
                                  or those solvents listed
                                  in F001, F002, and F005;
                                  and still bottoms from
                                  the recovery of these
                                  spent solvents and spent
                                  solvent mixtures.

[[Page 57]]

 
  F005.........................  The following spent non-   (I,T)
                                  halogenated solvents:
                                  Toluene, methyl ethyl
                                  ketone, carbon
                                  disulfide, isobutanol,
                                  pyridine, benzene, 2-
                                  ethoxyethanol, and 2-
                                  nitropropane; all spent
                                  solvent mixtures/blends
                                  containing, before use,
                                  a total of ten percent
                                  or more (by volume) of
                                  one or more of the above
                                  non-halogenated solvents
                                  or those solvents listed
                                  in F001, F002, or F004;
                                  and still bottoms from
                                  the recovery of these
                                  spent solvents and spent
                                  solvent mixtures.
  F006.........................  Wastewater treatment       (T)
                                  sludges from
                                  electroplating
                                  operations except from
                                  the following processes:
                                  (1) Sulfuric acid
                                  anodizing of aluminum;
                                  (2) tin plating on
                                  carbon steel; (3) zinc
                                  plating (segregated
                                  basis) on carbon steel;
                                  (4) aluminum or zinc-
                                  aluminum plating on
                                  carbon steel; (5)
                                  cleaning/stripping
                                  associated with tin,
                                  zinc and aluminum
                                  plating on carbon steel;
                                  and (6) chemical etching
                                  and milling of aluminum.
  F007.........................  Spent cyanide plating      (R, T)
                                  bath solutions from
                                  electroplating
                                  operations.
  F008.........................  Plating bath residues      (R, T)
                                  from the bottom of
                                  plating baths from
                                  electroplating
                                  operations where
                                  cyanides are used in the
                                  process.
  F009.........................  Spent stripping and        (R, T)
                                  cleaning bath solutions
                                  from electroplating
                                  operations where
                                  cyanides are used in the
                                  process.
  F010.........................  Quenching bath residues    (R, T)
                                  from oil baths from
                                  metal heat treating
                                  operations where
                                  cyanides are used in the
                                  process.
  F011.........................  Spent cyanide solutions    (R, T)
                                  from salt bath pot
                                  cleaning from metal heat
                                  treating operations.
  F012.........................  Quenching waste water      (T)
                                  treatment sludges from
                                  metal heat treating
                                  operations where
                                  cyanides are used in the
                                  process.
  F019.........................  Wastewater treatment       (T)
                                  sludges from the
                                  chemical conversion
                                  coating of aluminum
                                  except from zirconium
                                  phosphating in aluminum
                                  can washing when such
                                  phosphating is an
                                  exclusive conversion
                                  coating process.
  F020.........................  Wastes (except wastewater  (H)
                                  and spent carbon from
                                  hydrogen chloride
                                  purification) from the
                                  production or
                                  manufacturing use (as a
                                  reactant, chemical
                                  intermediate, or
                                  component in a
                                  formulating process) of
                                  tri- or
                                  tetrachlorophenol, or of
                                  intermediates used to
                                  produce their pesticide
                                  derivatives. (This
                                  listing does not include
                                  wastes from the
                                  production of
                                  Hexachlorophene from
                                  highly purified 2,4,5-
                                  trichlorophenol.).
  F021.........................  Wastes (except wastewater  (H)
                                  and spent carbon from
                                  hydrogen chloride
                                  purification) from the
                                  production or
                                  manufacturing use (as a
                                  reactant, chemical
                                  intermediate, or
                                  component in a
                                  formulating process) of
                                  pentachlorophenol, or of
                                  intermediates used to
                                  produce its derivatives.
  F022.........................  Wastes (except wastewater  (H)
                                  and spent carbon from
                                  hydrogen chloride
                                  purification) from the
                                  manufacturing use (as a
                                  reactant, chemical
                                  intermediate, or
                                  component in a
                                  formulating process) of
                                  tetra-, penta-, or
                                  hexachlorobenzenes under
                                  alkaline conditions.
  F023.........................  Wastes (except wastewater  (H)
                                  and spent carbon from
                                  hydrogen chloride
                                  purification) from the
                                  production of materials
                                  on equipment previously
                                  used for the production
                                  or manufacturing use (as
                                  a reactant, chemical
                                  intermediate, or
                                  component in a
                                  formulating process) of
                                  tri- and
                                  tetrachlorophenols.
                                  (This listing does not
                                  include wastes from
                                  equipment used only for
                                  the production or use of
                                  Hexachlorophene from
                                  highly purified 2,4,5-
                                  trichlorophenol.).
  F024.........................  Process wastes, including  (T)
                                  but not limited to,
                                  distillation residues,
                                  heavy ends, tars, and
                                  reactor clean-out
                                  wastes, from the
                                  production of certain
                                  chlorinated aliphatic
                                  hydrocarbons by free
                                  radical catalyzed
                                  processes. These
                                  chlorinated aliphatic
                                  hydrocarbons are those
                                  having carbon chain
                                  lengths ranging from one
                                  to and including five,
                                  with varying amounts and
                                  positions of chlorine
                                  substitution. (This
                                  listing does not include
                                  wastewaters, wastewater
                                  treatment sludges, spent
                                  catalysts, and wastes
                                  listed in Sec.  261.31
                                  or Sec.  261.32.).
  F025.........................  Condensed light ends,      (T)
                                  spent filters and filter
                                  aids, and spent
                                  desiccant wastes from
                                  the production of
                                  certain chlorinated
                                  aliphatic hydrocarbons,
                                  by free radical
                                  catalyzed processes.
                                  These chlorinated
                                  aliphatic hydrocarbons
                                  are those having carbon
                                  chain lengths ranging
                                  from one to and
                                  including five, with
                                  varying amounts and
                                  positions of chlorine
                                  substitution.
  F026.........................  Wastes (except wastewater  (H)
                                  and spent carbon from
                                  hydrogen chloride
                                  purification) from the
                                  production of materials
                                  on equipment previously
                                  used for the
                                  manufacturing use (as a
                                  reactant, chemical
                                  intermediate, or
                                  component in a
                                  formulating process) of
                                  tetra-, penta-, or
                                  hexachlorobenzene under
                                  alkaline conditions.
  F027.........................  Discarded unused           (H)
                                  formulations containing
                                  tri-, tetra-, or
                                  pentachlorophenol or
                                  discarded unused
                                  formulations containing
                                  compounds derived from
                                  these chlorophenols.
                                  (This listing does not
                                  include formulations
                                  containing
                                  Hexachlorophene
                                  sythesized from
                                  prepurified 2,4,5-
                                  trichlorophenol as the
                                  sole component.).
  F028.........................  Residues resulting from    (T)
                                  the incineration or
                                  thermal treatment of
                                  soil contaminated with
                                  EPA Hazardous Waste Nos.
                                  F020, F021, F022, F023,
                                  F026, and F027.

[[Page 58]]

 
  F032.........................  Wastewaters (except those  (T)
                                  that have not come into
                                  contact with process
                                  contaminants), process
                                  residuals, preservative
                                  drippage, and spent
                                  formulations from wood
                                  preserving processes
                                  generated at plants that
                                  currently use or have
                                  previously used
                                  chlorophenolic
                                  formulations (except
                                  potentially cross-
                                  contaminated wastes that
                                  have had the F032 waste
                                  code deleted in
                                  accordance with Sec.
                                  261.35 of this chapter
                                  or potentially cross-
                                  contaminated wastes that
                                  are otherwise currently
                                  regulated as hazardous
                                  wastes (i.e., F034 or
                                  F035), and where the
                                  generator does not
                                  resume or initiate use
                                  of chlorophenolic
                                  formulations). This
                                  listing does not include
                                  K001 bottom sediment
                                  sludge from the
                                  treatment of wastewater
                                  from wood preserving
                                  processes that use
                                  creosote and/or
                                  pentachlorophenol.
  F034.........................  Wastewaters (except those  (T)
                                  that have not come into
                                  contact with process
                                  contaminants), process
                                  residuals, preservative
                                  drippage, and spent
                                  formulations from wood
                                  preserving processes
                                  generated at plants that
                                  use creosote
                                  formulations. This
                                  listing does not include
                                  K001 bottom sediment
                                  sludge from the
                                  treatment of wastewater
                                  from wood preserving
                                  processes that use
                                  creosote and/or
                                  pentachlorophenol.
  F035.........................  Wastewaters (except those  (T)
                                  that have not come into
                                  contact with process
                                  contaminants), process
                                  residuals, preservative
                                  drippage, and spent
                                  formulations from wood
                                  preserving processes
                                  generated at plants that
                                  use inorganic
                                  preservatives containing
                                  arsenic or chromium.
                                  This listing does not
                                  include K001 bottom
                                  sediment sludge from the
                                  treatment of wastewater
                                  from wood preserving
                                  processes that use
                                  creosote and/or
                                  pentachlorophenol.
  F037.........................  Petroleum refinery         (T)
                                  primary oil/water/solids
                                  separation sludge--Any
                                  sludge generated from
                                  the gravitational
                                  separation of oil/water/
                                  solids during the
                                  storage or treatment of
                                  process wastewaters and
                                  oil cooling wastewaters
                                  from petroleum
                                  refineries. Such sludges
                                  include, but are not
                                  limited to, those
                                  generated in oil/water/
                                  solids separators; tanks
                                  and impoundments;
                                  ditches and other
                                  conveyances; sumps; and
                                  stormwater units
                                  receiving dry weather
                                  flow. Sludge generated
                                  in stormwater units that
                                  do not receive dry
                                  weather flow, sludges
                                  generated from non-
                                  contact once-through
                                  cooling waters
                                  segregated for treatment
                                  from other process or
                                  oily cooling waters,
                                  sludges generated in
                                  aggressive biological
                                  treatment units as
                                  defined in Sec.
                                  261.31(b)(2) (including
                                  sludges generated in one
                                  or more additional units
                                  after wastewaters have
                                  been treated in
                                  aggressive biological
                                  treatment units) and
                                  K051 wastes are not
                                  included in this
                                  listing. This listing
                                  does include residuals
                                  generated from
                                  processing or recycling
                                  oil-bearing hazardous
                                  secondary materials
                                  excluded under Sec.
                                  261.4(a)(12)(i), if
                                  those residuals are to
                                  be disposed of..
  F038.........................  Petroleum refinery         (T)
                                  secondary (emulsified)
                                  oil/water/solids
                                  separation sludge--Any
                                  sludge and/or float
                                  generated from the
                                  physical and/or chemical
                                  separation of oil/water/
                                  solids in process
                                  wastewaters and oily
                                  cooling wastewaters from
                                  petroleum refineries.
                                  Such wastes include, but
                                  are not limited to, all
                                  sludges and floats
                                  generated in: induced
                                  air flotation (IAF)
                                  units, tanks and
                                  impoundments, and all
                                  sludges generated in DAF
                                  units. Sludges generated
                                  in stormwater units that
                                  do not receive dry
                                  weather flow, sludges
                                  generated from non-
                                  contact once-through
                                  cooling waters
                                  segregated for treatment
                                  from other process or
                                  oily cooling waters,
                                  sludges and floats
                                  generated in aggressive
                                  biological treatment
                                  units as defined in Sec.
                                   261.31(b)(2) (including
                                  sludges and floats
                                  generated in one or more
                                  additional units after
                                  wastewaters have been
                                  treated in aggressive
                                  biological treatment
                                  units) and F037, K048,
                                  and K051 wastes are not
                                  included in this listing.
  F039.........................  Leachate (liquids that     (T)
                                  have percolated through
                                  land disposed wastes)
                                  resulting from the
                                  disposal of more than
                                  one restricted waste
                                  classified as hazardous
                                  under subpart D of this
                                  part. (Leachate
                                  resulting from the
                                  disposal of one or more
                                  of the following EPA
                                  Hazardous Wastes and no
                                  other Hazardous Wastes
                                  retains its EPA
                                  Hazardous Waste
                                  Number(s): F020, F021,
                                  F022, F026, F027, and/or
                                  F028.).
------------------------------------------------------------------------

(b) Listing Specific Definitions: (1) For the purposes of the F037 and 
F038 listings, oil/water/solids is defined as oil and/or water and/or 
solids.(2) (i) For the purposes of the F037 and F038 listings, 
aggressive biological treatment units are defined as units which employ 
one of the following four treatment methods: activated sludge; trickling 
filter; rotating biological contactor for the continuous accelerated 
biological oxidation of wastewaters; or high-rate aeration. High-rate 
aeration is a system of surface impoundments or tanks, in which intense 
mechanical aeration is used to completely mix the wastes, enhance 
biological activity, and (A) the units employ a minimum of 6 hp per 
million gallons of treatment volume; and either (B) the hydraulic 
retention time of the unit is no longer than 5 days; or (C) the 
hydraulic retention time is no longer than 30 days and the unit does not 
generate a sludge that is a hazardous waste by the Toxicity 
Characteristic.
(ii) Generators and treatment, storage and disposal facilities have the 
burden of proving that their sludges are exempt from listing as F037 and 
F038 wastes

[[Page 59]]

under this definition. Generators and treatment, storage and disposal 
facilities must maintain, in their operating or other onsite records, 
documents and data sufficient to prove that: (A) the unit is an 
aggressive biological treatment unit as defined in this subsection; and 
(B) the sludges sought to be exempted from the definitions of F037 and/
or F038 were actually generated in the aggressive biological treatment 
unit.
(3) (i) For the purposes of the F037 listing, sludges are considered to 
be generated at the moment of deposition in the unit, where deposition 
is defined as at least a temporary cessation of lateral particle 
movement.
(ii) For the purposes of the F038 listing,
(A) sludges are considered to be generated at the moment of deposition 
in the unit, where deposition is defined as at least a temporary 
cessation of lateral particle movement and
(B) floats are considered to be generated at the moment they are formed 
in the top of the unit.

[46 FR 4617, Jan. 16, 1981]

    Editorial Note: For Federal Register citations affecting 
Sec. 261.31, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.


Sec. 261.32    Hazardous wastes from specific sources.

The following solid wastes are listed hazardous wastes from specific 
sources unless they are excluded under Secs. 260.20 and 260.22 and 
listed in appendix IX.

------------------------------------------------------------------------
   Industry and EPA hazardous
           waste No.                  Hazardous waste        Hazard code
------------------------------------------------------------------------
Wood preservation: K001........  Bottom sediment sludge     (T)
                                  from the treatment of
                                  wastewaters from wood
                                  preserving processes
                                  that use creosote and/or
                                  pentachlorophenol.
Inorganic pigments:
  K002.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of chrome
                                  yellow and orange
                                  pigments.
  K003.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of molybdate
                                  orange pigments.
  K004.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of zinc
                                  yellow pigments.
  K005.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of chrome
                                  green pigments.
  K006.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of chrome
                                  oxide green pigments
                                  (anhydrous and hydrated).
  K007.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of iron blue
                                  pigments.
  K008.........................  Oven residue from the      (T)
                                  production of chrome
                                  oxide green pigments.
Organic chemicals:
  K009.........................  Distillation bottoms from  (T)
                                  the production of
                                  acetaldehyde from
                                  ethylene.
  K010.........................  Distillation side cuts     (T)
                                  from the production of
                                  acetaldehyde from
                                  ethylene.
  K011.........................  Bottom stream from the     (R, T)
                                  wastewater stripper in
                                  the production of
                                  acrylonitrile.
  K013.........................  Bottom stream from the     (R, T)
                                  acetonitrile column in
                                  the production of
                                  acrylonitrile.
  K014.........................  Bottoms from the           (T)
                                  acetonitrile
                                  purification column in
                                  the production of
                                  acrylonitrile.
  K015.........................  Still bottoms from the     (T)
                                  distillation of benzyl
                                  chloride.
  K016.........................  Heavy ends or              (T)
                                  distillation residues
                                  from the production of
                                  carbon tetrachloride.
  K017.........................  Heavy ends (still          (T)
                                  bottoms) from the
                                  purification column in
                                  the production of
                                  epichlorohydrin.
  K018.........................  Heavy ends from the        (T)
                                  fractionation column in
                                  ethyl chloride
                                  production.
  K019.........................  Heavy ends from the        (T)
                                  distillation of ethylene
                                  dichloride in ethylene
                                  dichloride production.
  K020.........................  Heavy ends from the        (T)
                                  distillation of vinyl
                                  chloride in vinyl
                                  chloride monomer
                                  production.
  K021.........................  Aqueous spent antimony     (T)
                                  catalyst waste from
                                  fluoromethanes
                                  production.
  K022.........................  Distillation bottom tars   (T)
                                  from the production of
                                  phenol/acetone from
                                  cumene.
  K023.........................  Distillation light ends    (T)
                                  from the production of
                                  phthalic anhydride from
                                  naphthalene.
  K024.........................  Distillation bottoms from  (T)
                                  the production of
                                  phthalic anhydride from
                                  naphthalene.
  K025.........................  Distillation bottoms from  (T)
                                  the production of
                                  nitrobenzene by the
                                  nitration of benzene.
  K026.........................  Stripping still tails      (T)
                                  from the production of
                                  methy ethyl pyridines.
  K027.........................  Centrifuge and             (R, T)
                                  distillation residues
                                  from toluene
                                  diisocyanate production.
  K028.........................  Spent catalyst from the    (T)
                                  hydrochlorinator reactor
                                  in the production of
                                  1,1,1-trichloroethane.
  K029.........................  Waste from the product     (T)
                                  steam stripper in the
                                  production of 1,1,1-
                                  trichloroethane.
  K030.........................  Column bottoms or heavy    (T)
                                  ends from the combined
                                  production of
                                  trichloroethylene and
                                  perchloroethylene.
  K083.........................  Distillation bottoms from  (T)
                                  aniline production.
  K085.........................  Distillation or            (T)
                                  fractionation column
                                  bottoms from the
                                  production of
                                  chlorobenzenes.
  K093.........................  Distillation light ends    (T)
                                  from the production of
                                  phthalic anhydride from
                                  ortho-xylene.
  K094.........................  Distillation bottoms from  (T)
                                  the production of
                                  phthalic anhydride from
                                  ortho-xylene.
  K095.........................  Distillation bottoms from  (T)
                                  the production of 1,1,1-
                                  trichloroethane.

[[Page 60]]

 
  K096.........................  Heavy ends from the heavy  (T)
                                  ends column from the
                                  production of 1,1,1-
                                  trichloroethane.
  K103.........................  Process residues from      (T)
                                  aniline extraction from
                                  the production of
                                  aniline.
  K104.........................  Combined wastewater        (T)
                                  streams generated from
                                  nitrobenzene/aniline
                                  production.
  K105.........................  Separated aqueous stream   (T)
                                  from the reactor product
                                  washing step in the
                                  production of
                                  chlorobenzenes.
  K107.........................  Column bottoms from        (C,T)
                                  product separation from
                                  the production of 1,1-
                                  dimethyl-hydrazine
                                  (UDMH) from carboxylic
                                  acid hydrazines.
  K108.........................  Condensed column           (I,T)
                                  overheads from product
                                  separation and condensed
                                  reactor vent gases from
                                  the production of 1,1-
                                  dimethylhydrazine (UDMH)
                                  from carboxylic acid
                                  hydrazides.
  K109.........................  Spent filter cartridges    (T)
                                  from product
                                  purification from the
                                  production of 1,1-
                                  dimethylhydrazine (UDMH)
                                  from carboxylic acid
                                  hydrazides.
  K110.........................  Condensed column           (T)
                                  overheads from
                                  intermediate separation
                                  from the production of
                                  1,1-dimethylhydrazine
                                  (UDMH) from carboxylic
                                  acid hydrazides.
  K111.........................  Product washwaters from    (C,T)
                                  the production of
                                  dinitrotoluene via
                                  nitration of toluene.
  K112.........................  Reaction by-product water  (T)
                                  from the drying column
                                  in the production of
                                  toluenediamine via
                                  hydrogenation of
                                  dinitrotoluene.
  K113.........................  Condensed liquid light     (T)
                                  ends from the
                                  purification of
                                  toluenediamine in the
                                  production of
                                  toluenediamine via
                                  hydrogenation of
                                  dinitrotoluene.
  K114.........................  Vicinals from the          (T)
                                  purification of
                                  toluenediamine in the
                                  production of
                                  toluenediamine via
                                  hydrogenation of
                                  dinitrotoluene.
  K115.........................  Heavy ends from the        (T)
                                  purification of
                                  toluenediamine in the
                                  production of
                                  toluenediamine via
                                  hydrogenation of
                                  dinitrotoluene.
  K116.........................  Organic condensate from    (T)
                                  the solvent recovery
                                  column in the production
                                  of toluene diisocyanate
                                  via phosgenation of
                                  toluenediamine.
  K117.........................  Wastewater from the        (T)
                                  reactor vent gas
                                  scrubber in the
                                  production of ethylene
                                  dibromide via
                                  bromination of ethene.
  K118.........................  Spent adsorbent solids     (T)
                                  from purification of
                                  ethylene dibromide in
                                  the production of
                                  ethylene dibromide via
                                  bromination of ethene.
  K136.........................  Still bottoms from the     (T)
                                  purification of ethylene
                                  dibromide in the
                                  production of ethylene
                                  dibromide via
                                  bromination of ethene.
  K149.........................  Distillation bottoms from  (T)
                                  the production of alpha-
                                  (or methyl-) chlorinated
                                  toluenes, ring-
                                  chlorinated toluenes,
                                  benzoyl chlorides, and
                                  compounds with mixtures
                                  of these functional
                                  groups, (This waste does
                                  not include still
                                  bottoms from the
                                  distillation of benzyl
                                  chloride.).
  K150.........................  Organic residuals,         (T)
                                  excluding spent carbon
                                  adsorbent, from the
                                  spent chlorine gas and
                                  hydrochloric acid
                                  recovery processes
                                  associated with the
                                  production of alpha- (or
                                  methyl-) chlorinated
                                  toluenes, ring-
                                  chlorinated toluenes,
                                  benzoyl chlorides, and
                                  compounds with mixtures
                                  of these functional
                                  groups.
  K151.........................  Wastewater treatment       (T)
                                  sludges, excluding
                                  neutralization and
                                  biological sludges,
                                  generated during the
                                  treatment of wastewaters
                                  from the production of
                                  alpha- (or methyl-)
                                  chlorinated toluenes,
                                  ring-chlorinated
                                  toluenes, benzoyl
                                  chlorides, and compounds
                                  with mixtures of these
                                  functional groups.
  K156.........................  Organic waste (including   (T)
                                  heavy ends, still
                                  bottoms, light ends,
                                  spent solvents,
                                  filtrates, and
                                  decantates) from the
                                  production of carbamates
                                  and carbamoyl oximes.
                                  (This listing does not
                                  apply to wastes
                                  generated from the
                                  manufacture of 3-iodo-2-
                                  propynyl n-
                                  butylcarbamate.).
  K157.........................  Wastewaters (including     (T)
                                  scrubber waters,
                                  condenser waters,
                                  washwaters, and
                                  separation waters) from
                                  the production of
                                  carbamates and carbamoyl
                                  oximes. (This listing
                                  does not apply to wastes
                                  generated from the
                                  manufacture of 3-iodo-2-
                                  propynyl n-
                                  butylcarbamate.).
  K158.........................  Bag house dusts and        (T)
                                  filter/separation solids
                                  from the production of
                                  carbamates and carbamoyl
                                  oximes. (This listing
                                  does not apply to wastes
                                  generated from the
                                  manufacture of 3-iodo-2-
                                  propynyl n-
                                  butylcarbamate.).
  K159.........................  Organics from the          (T)
                                  treatment of
                                  thiocarbamate wastes.
  K161.........................  Purification solids        (R,T)
                                  (including filtration,
                                  evaporation, and
                                  centrifugation solids),
                                  bag house dust and floor
                                  sweepings from the
                                  production of
                                  dithiocarbamate acids
                                  and their salts. (This
                                  listing does not include
                                  K125 or K126.).
Inorganic chemicals:
  K071.........................  Brine purification muds    (T)
                                  from the mercury cell
                                  process in chlorine
                                  production, where
                                  separately prepurified
                                  brine is not used.
  K073.........................  Chlorinated hydrocarbon    (T)
                                  waste from the
                                  purification step of the
                                  diaphragm cell process
                                  using graphite anodes in
                                  chlorine production.
  K106.........................  Wastewater treatment       (T)
                                  sludge from the mercury
                                  cell process in chlorine
                                  production.
Pesticides:
  K031.........................  By-product salts           (T)
                                  generated in the
                                  production of MSMA and
                                  cacodylic acid.
  K032.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of chlordane.
  K033.........................  Wastewater and scrub       (T)
                                  water from the
                                  chlorination of
                                  cyclopentadiene in the
                                  production of chlordane.
  K034.........................  Filter solids from the     (T)
                                  filtration of
                                  hexachlorocyclopentadien
                                  e in the production of
                                  chlordane.
  K035.........................  Wastewater treatment       (T)
                                  sludges generated in the
                                  production of creosote.
  K036.........................  Still bottoms from         (T)
                                  toluene reclamation
                                  distillation in the
                                  production of disulfoton.

[[Page 61]]

 
  K037.........................  Wastewater treatment       (T)
                                  sludges from the
                                  production of disulfoton.
  K038.........................  Wastewater from the        (T)
                                  washing and stripping of
                                  phorate production.
  K039.........................  Filter cake from the       (T)
                                  filtration of
                                  diethylphosphorodithioic
                                  acid in the production
                                  of phorate.
  K040.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of phorate.
  K041.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of toxaphene.
  K042.........................  Heavy ends or              (T)
                                  distillation residues
                                  from the distillation of
                                  tetrachlorobenzene in
                                  the production of 2,4,5-
                                  T.
  K043.........................  2,6-Dichlorophenol waste   (T)
                                  from the production of
                                  2,4-D.
  K097.........................  Vacuum stripper discharge  (T)
                                  from the chlordane
                                  chlorinator in the
                                  production of chlordane.
  K098.........................  Untreated process          (T)
                                  wastewater from the
                                  production of toxaphene.
  K099.........................  Untreated wastewater from  (T)
                                  the production of 2,4-D.
  K123.........................  Process wastewater         (T)
                                  (including supernates,
                                  filtrates, and
                                  washwaters) from the
                                  production of
                                  ethylenebisdithiocarbami
                                  c acid and its salt.
  K124.........................  Reactor vent scrubber      (C, T)
                                  water from the
                                  production of
                                  ethylenebisdithiocarbami
                                  c acid and its salts.
  K125.........................  Filtration, evaporation,   (T)
                                  and centrifugation
                                  solids from the
                                  production of
                                  ethylenebisdithiocarbami
                                  c acid and its salts.
  K126.........................  Baghouse dust and floor    (T)
                                  sweepings in milling and
                                  packaging operations
                                  from the production or
                                  formulation of
                                  ethylenebisdithiocarbami
                                  c acid and its salts.
  K131.........................  Wastewater from the        (C, T)
                                  reactor and spent
                                  sulfuric acid from the
                                  acid dryer from the
                                  production of methyl
                                  bromide.
  K132.........................  Spent absorbent and        (T)
                                  wastewater separator
                                  solids from the
                                  production of methyl
                                  bromide.
Explosives:
  K044.........................  Wastewater treatment       (R)
                                  sludges from the
                                  manufacturing and
                                  processing of explosives.
  K045.........................  Spent carbon from the      (R)
                                  treatment of wastewater
                                  containing explosives.
  K046.........................  Wastewater treatment       (T)
                                  sludges from the
                                  manufacturing,
                                  formulation and loading
                                  of lead-based initiating
                                  compounds.
  K047.........................  Pink/red water from TNT    (R)
                                  operations.
Petroleum refining:
  K048.........................  Dissolved air flotation    (T)
                                  (DAF) float from the
                                  petroleum refining
                                  industry.
  K049.........................  Slop oil emulsion solids   (T)
                                  from the petroleum
                                  refining industry.
  K050.........................  Heat exchanger bundle      (T)
                                  cleaning sludge from the
                                  petroleum refining
                                  industry.
  K051.........................  API separator sludge from  (T)
                                  the petroleum refining
                                  industry.
  K052.........................  Tank bottoms (leaded)      (T)
                                  from the petroleum
                                  refining industry.
  K169.........................  Crude oil storage tank     (T)
                                  sediment from petroleum
                                  refining operations.
  K170.........................  Clarified slurry oil tank  (T)
                                  sediment and/or in-line
                                  filter/separation solids
                                  from petroleum refining
                                  operations.
  K171.........................  Spent Hydrotreating        (I,T)
                                  catalyst from petroleum
                                  refining operations,
                                  including guard beds
                                  used to desulfurize
                                  feeds to other catalytic
                                  reactors (this listing
                                  does not include inert
                                  support media).
  K172.........................  Spent Hydrorefining        (I,T)
                                  catalyst from petroleum
                                  refining operations,
                                  including guard beds
                                  used to desulfurize
                                  feeds to other catalytic
                                  reactors (this listing
                                  does not include inert
                                  support media).
Iron and steel:
  K061.........................  Emission control dust/     (T)
                                  sludge from the primary
                                  production of steel in
                                  electric furnaces.
  K062.........................  Spent pickle liquor        (C,T)
                                  generated by steel
                                  finishing operations of
                                  facilities within the
                                  iron and steel industry
                                  (SIC Codes 331 and 332).
Primary copper:
Primary lead:
Primary zinc:
Primary aluminum:
  K088.........................  Spent potliners from       (T)
                                  primary aluminum
                                  reduction.
Ferroalloys:
Secondary lead:
  K069.........................  Emission control dust/     (T)
                                  sludge from secondary
                                  lead smelting. (Note:
                                  This listing is stayed
                                  administratively for
                                  sludge generated from
                                  secondary acid scrubber
                                  systems. The stay will
                                  remain in effect until
                                  further administrative
                                  action is taken. If EPA
                                  takes further action
                                  effecting this stay, EPA
                                  will publish a notice of
                                  the action in the
                                  Federal Register.
  K100.........................  Waste leaching solution    (T)
                                  from acid leaching of
                                  emission control dust/
                                  sludge from secondary
                                  lead smelting.
Veterinary pharmaceuticals:
  K084.........................  Wastewater treatment       (T)
                                  sludges generated during
                                  the production of
                                  veterinary
                                  pharmaceuticals from
                                  arsenic or organo-
                                  arsenic compounds.
  K101.........................  Distillation tar residues  (T)
                                  from the distillation of
                                  aniline-based compounds
                                  in the production of
                                  veterinary
                                  pharmaceuticals from
                                  arsenic or organo-
                                  arsenic compounds.
  K102.........................  Residue from the use of    (T)
                                  activated carbon for
                                  decolorization in the
                                  production of veterinary
                                  pharmaceuticals from
                                  arsenic or organo-
                                  arsenic compounds.

[[Page 62]]

 
Ink formulation:
  K086.........................  Solvent washes and         (T)
                                  sludges, caustic washes
                                  and sludges, or water
                                  washes and sludges from
                                  cleaning tubs and
                                  equipment used in the
                                  formulation of ink from
                                  pigments, driers, soaps,
                                  and stabilizers
                                  containing chromium and
                                  lead.
Coking:
  K060.........................  Ammonia still lime sludge  (T)
                                  from coking operations.
  K087.........................  Decanter tank tar sludge   (T)
                                  from coking operations.
  K141.........................  Process residues from the  (T)
                                  recovery of coal tar,
                                  including, but not
                                  limited to, collecting
                                  sump residues from the
                                  production of coke from
                                  coal or the recovery of
                                  coke by-products
                                  produced from coal. This
                                  listing does not include
                                  K087 (decanter tank tar
                                  sludges from coking
                                  operations).
  K142.........................  Tar storage tank residues  (T)
                                  from the production of
                                  coke from coal or from
                                  the recovery of coke by-
                                  products produced from
                                  coal.
  K143.........................  Process residues from the  (T)
                                  recovery of light oil,
                                  including, but not
                                  limited to, those
                                  generated in stills,
                                  decanters, and wash oil
                                  recovery units from the
                                  recovery of coke by-
                                  products produced from
                                  coal.
  K144.........................  Wastewater sump residues   (T)
                                  from light oil refining,
                                  including, but not
                                  limited to, intercepting
                                  or contamination sump
                                  sludges from the
                                  recovery of coke by-
                                  products produced from
                                  coal.
  K145.........................  Residues from naphthalene  (T)
                                  collection and recovery
                                  operations from the
                                  recovery of coke by-
                                  products produced from
                                  coal.
  K147.........................  Tar storage tank residues  (T)
                                  from coal tar refining.
  K148.........................  Residues from coal tar     (T)
                                  distillation, including
                                  but not limited to,
                                  still bottoms.
------------------------------------------------------------------------

[46 FR 4618, Jan. 16, 1981]

    Editorial Note: For Federal Register citations affecting 
Sec. 261.32, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 261.33  Discarded commercial chemical products, off-specification 
species, container residues, and spill residues thereof.

    The following materials or items are hazardous wastes if and when 
they are discarded or intended to be discarded as described in 
Sec. 261.2(a)(2)(i), when they are mixed with waste oil or used oil or 
other material and applied to the land for dust suppression or road 
treatment, when they are otherwise applied to the land in lieu of their 
original intended use or when they are contained in products that are 
applied to the land in lieu of their original intended use, or when, in 
lieu of their original intended use, they are produced for use as (or as 
a component of) a fuel, distributed for use as a fuel, or burned as a 
fuel.
    (a) Any commercial chemical product, or manufacturing chemical 
intermediate having the generic name listed in paragraph (e) or (f) of 
this section.
    (b) Any off-specification commercial chemical product or 
manufacturing chemical intermediate which, if it met specifications, 
would have the generic name listed in paragraph (e) or (f) of this 
section.
    (c) Any residue remaining in a container or in an inner liner 
removed from a container that has held any commercial chemical product 
or manufacturing chemical intermediate having the generic name listed in 
paragraphs (e) or (f) of this section, unless the container is empty as 
defined in Sec. 261.7(b) of this chapter.

[Comment: Unless the residue is being beneficially used or reused, or 
legitimately recycled or reclaimed; or being accumulated, stored, 
transported or treated prior to such use, re-use, recycling or 
reclamation, EPA considers the residue to be intended for discard, and 
thus, a hazardous waste. An example of a legitimate re-use of the 
residue would be where the residue remains in the container and the 
container is used to hold the same commercial chemical product or 
manufacturing chemical intermediate it previously held. An example of 
the discard of the residue would be where the drum is sent to a drum 
reconditioner who reconditions the drum but discards the residue.]
    (d) Any residue or contaminated soil, water or other debris 
resulting from the cleanup of a spill into or on any land or water of 
any commercial chemical product or manufacturing chemical intermediate 
having the generic name listed in paragraph (e) or (f) of

[[Page 63]]

this section, or any residue or contaminated soil, water or other debris 
resulting from the cleanup of a spill, into or on any land or water, of 
any off-specification chemical product and manufacturing chemical 
intermediate which, if it met specifications, would have the generic 
name listed in paragraph (e) or (f) of this section.
[Comment: The phrase ``commercial chemical product or manufacturing 
chemical intermediate having the generic name listed in .  .  .'' refers 
to a chemical substance which is manufactured or formulated for 
commercial or manufacturing use which consists of the commercially pure 
grade of the chemical, any technical grades of the chemical that are 
produced or marketed, and all formulations in which the chemical is the 
sole active ingredient. It does not refer to a material, such as a 
manufacturing process waste, that contains any of the substances listed 
in paragraph (e) or (f). Where a manufacturing process waste is deemed 
to be a hazardous waste because it contains a substance listed in 
paragraph (e) or (f), such waste will be listed in either Sec. 261.31 or 
Sec. 261.32 or will be identified as a hazardous waste by the 
characteristics set forth in subpart C of this part.]
    (e) The commercial chemical products, manufacturing chemical 
intermediates or off-specification commercial chemical products or 
manufacturing chemical intermediates referred to in paragraphs (a) 
through (d) of this section, are identified as acute hazardous wastes 
(H) and are subject to be the small quantity exclusion defined in 
Sec. 261.5(e).
[Comment: For the convenience of the regulated community the primary 
hazardous properties of these materials have been indicated by the 
letters T (Toxicity), and R (Reactivity). Absence of a letter indicates 
that the compound only is listed for acute toxicity.]
    These wastes and their corresponding EPA Hazardous Waste Numbers 
are:

------------------------------------------------------------------------
                      Chemical
  Hazardous waste     abstracts                  Substance
        No.              No.
------------------------------------------------------------------------
P023                    107-20-0  Acetaldehyde, chloro-
P002                    591-08-2  Acetamide, N-(aminothioxomethyl)-
P057                    640-19-7  Acetamide, 2-fluoro-
P058                     62-74-8  Acetic acid, fluoro-, sodium salt
P002                    591-08-2  1-Acetyl-2-thiourea
P003                    107-02-8  Acrolein
P070                    116-06-3  Aldicarb
P203                   1646-88-4  Aldicarb sulfone.
P004                    309-00-2  Aldrin
P005                    107-18-6  Allyl alcohol
P006                  20859-73-8  Aluminum phosphide (R,T)
P007                   2763-96-4  5-(Aminomethyl)-3-isoxazolol
P008                    504-24-5  4-Aminopyridine
P009                    131-74-8  Ammonium picrate (R)
P119                   7803-55-6  Ammonium vanadate
P099                    506-61-6  Argentate(1-), bis(cyano-C)-,
                                   potassium
P010                   7778-39-4  Arsenic acid H3 AsO4
P012                   1327-53-3  Arsenic oxide As2 O3
P011                   1303-28-2  Arsenic oxide As2 O5
P011                   1303-28-2  Arsenic pentoxide
P012                   1327-53-3  Arsenic trioxide
P038                    692-42-2  Arsine, diethyl-
P036                    696-28-6  Arsonous dichloride, phenyl-
P054                    151-56-4  Aziridine
P067                     75-55-8  Aziridine, 2-methyl-
P013                    542-62-1  Barium cyanide
P024                    106-47-8  Benzenamine, 4-chloro-
P077                    100-01-6  Benzenamine, 4-nitro-
P028                    100-44-7  Benzene, (chloromethyl)-
P042                     51-43-4  1,2-Benzenediol, 4-[1-hydroxy-2-
                                   (methylamino)ethyl]-, (R)-
P046                    122-09-8  Benzeneethanamine, alpha,alpha-
                                   dimethyl-
P014                    108-98-5  Benzenethiol
P127                   1563-66-2  7-Benzofuranol, 2,3-dihydro-2,2-
                                   dimethyl-, methylcarbamate.
P188                     57-64-7  Benzoic acid, 2-hydroxy-, compd. with
                                   (3aS-cis)-1,2,3,3a,8,8a-hexahydro-
                                   1,3a,8-trimethylpyrrolo[2,3-b]indol-5-
                                   yl methylcarbamate ester (1:1).
P001                 \1\ 81-81-2  2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
                                   oxo-1-phenylbutyl)-, & salts, when
                                   present at concentrations greater
                                   than 0.3%
P028                    100-44-7  Benzyl chloride
P015                   7440-41-7  Beryllium powder
P017                    598-31-2  Bromoacetone
P018                    357-57-3  Brucine

[[Page 64]]

 
P045                  39196-18-4  2-Butanone, 3,3-dimethyl-1-
                                   (methylthio)-,
                                    O-[methylamino)carbonyl] oxime
P021                    592-01-8  Calcium cyanide
P021                    592-01-8  Calcium cyanide Ca(CN)2
P189                  55285-14-8  Carbamic acid, [(dibutylamino)-
                                   thio]methyl-, 2,3-dihydro-2,2-
                                   dimethyl- 7-benzofuranyl ester.
P191                    644-64-4  Carbamic acid, dimethyl-, 1-[(dimethyl-
                                   amino)carbonyl]- 5-methyl-1H- pyrazol-
                                   3-yl ester.
P192                    119-38-0  Carbamic acid, dimethyl-, 3-methyl-1-
                                   (1-methylethyl)-1H- pyrazol-5-yl
                                   ester.
P190                   1129-41-5  Carbamic acid, methyl-, 3-methylphenyl
                                   ester.
P127                   1563-66-2  Carbofuran.
P022                     75-15-0  Carbon disulfide
P095                     75-44-5  Carbonic dichloride
P189                  55285-14-8  Carbosulfan.
P023                    107-20-0  Chloroacetaldehyde
P024                    106-47-8  p-Chloroaniline
P026                   5344-82-1  1-(o-Chlorophenyl)thiourea
P027                    542-76-7  3-Chloropropionitrile
P029                    544-92-3  Copper cyanide
P029                    544-92-3  Copper cyanide Cu(CN)
P202                     64-00-6  m-Cumenyl methylcarbamate.
P030                ............  Cyanides (soluble cyanide salts), not
                                   otherwise specified
P031                    460-19-5  Cyanogen
P033                    506-77-4  Cyanogen chloride
P033                    506-77-4  Cyanogen chloride (CN)Cl
P034                    131-89-5  2-Cyclohexyl-4,6-dinitrophenol
P016                    542-88-1  Dichloromethyl ether
P036                    696-28-6  Dichlorophenylarsine
P037                     60-57-1  Dieldrin
P038                    692-42-2  Diethylarsine
P041                    311-45-5  Diethyl-p-nitrophenyl phosphate
P040                    297-97-2  O,O-Diethyl O-pyrazinyl
                                   phosphorothioate
P043                     55-91-4  Diisopropylfluorophosphate (DFP)
P004                    309-00-2  1,4,5,8-Dimethanonaphthalene,
                                   1,2,3,4,10,10-hexa- chloro-
                                   1,4,4a,5,8,8a,-hexahydro-,
                                   (1alpha,4alpha,4abeta,5alpha,8alpha,8
                                   abeta)-
 
P060                    465-73-6  1,4,5,8-Dimethanonaphthalene,
                                   1,2,3,4,10,10-hexa- chloro-
                                   1,4,4a,5,8,8a-hexahydro-,
                                   (1alpha,4alpha,4abeta,5beta,8beta,8ab
                                   eta)-
 
P037                     60-57-1  2,7:3,6-Dimethanonaphth[2,3-b]oxirene,
                                   3,4,5,6,9,9-hexachloro-
                                   1a,2,2a,3,6,6a,7,7a-octahydro-,
                                   (1aalpha,2beta,2aalpha,3beta,6beta,6a
                                   alpha,7beta, 7aalpha)-
P051                 \1\ 72-20-8  2,7:3,6-Dimethanonaphth [2,3-
                                   b]oxirene, 3,4,5,6,9,9-hexachloro-
                                   1a,2,2a,3,6,6a,7,7a-octahydro-,
                                   (1aalpha,2beta,2abeta,3alpha,6alpha,6
                                   abeta,7beta, 7aalpha)-, & metabolites
P044                     60-51-5  Dimethoate
P046                    122-09-8  alpha,alpha-Dimethylphenethylamine
P191                    644-64-4  Dimetilan.
P047                \1\ 534-52-1  4,6-Dinitro-o-cresol, & salts
P048                     51-28-5  2,4-Dinitrophenol
P020                     88-85-7  Dinoseb
P085                    152-16-9  Diphosphoramide, octamethyl-
P111                    107-49-3  Diphosphoric acid, tetraethyl ester
P039                    298-04-4  Disulfoton
P049                    541-53-7  Dithiobiuret
P185                  26419-73-8  1,3-Dithiolane-2-carboxaldehyde, 2,4-
                                   dimethyl-, O- [(methylamino)-
                                   carbonyl]oxime.
P050                    115-29-7  Endosulfan
P088                    145-73-3  Endothall
P051                     72-20-8  Endrin
P051                     72-20-8  Endrin, & metabolites
P042                     51-43-4  Epinephrine
P031                    460-19-5  Ethanedinitrile
P194                  23135-22-0  Ethanimidothioc acid, 2-
                                   (dimethylamino)-N-[[(methylamino)
                                   carbonyl]oxy]-2-oxo-, methyl ester.
P066                  16752-77-5  Ethanimidothioic acid,
                                    N-[[(methylamino)carbonyl]oxy]-,
                                   methyl ester
P101                    107-12-0  Ethyl cyanide
P054                    151-56-4  Ethyleneimine
P097                     52-85-7  Famphur
P056                   7782-41-4  Fluorine
P057                    640-19-7  Fluoroacetamide
P058                     62-74-8  Fluoroacetic acid, sodium salt
P198                  23422-53-9  Formetanate hydrochloride.
P197                  17702-57-7  Formparanate.
P065                    628-86-4  Fulminic acid, mercury(2+) salt (R,T)
P059                     76-44-8  Heptachlor
P062                    757-58-4  Hexaethyl tetraphosphate

[[Page 65]]

 
P116                     79-19-6  Hydrazinecarbothioamide
P068                     60-34-4  Hydrazine, methyl-
P063                     74-90-8  Hydrocyanic acid
P063                     74-90-8  Hydrogen cyanide
P096                   7803-51-2  Hydrogen phosphide
P060                    465-73-6  Isodrin
P192                    119-38-0  Isolan.
P202                     64-00-6  3-Isopropylphenyl N-methylcarbamate.
P007                   2763-96-4  3(2H)-Isoxazolone, 5-(aminomethyl)-
P196                  15339-36-3  Manganese,
                                   bis(dimethylcarbamodithioato-S,S')-,
P196                  15339-36-3  Manganese dimethyldithiocarbamate.
P092                     62-38-4  Mercury, (acetato-O)phenyl-
P065                    628-86-4  Mercury fulminate (R,T)
P082                     62-75-9  Methanamine, N-methyl-N-nitroso-
P064                    624-83-9  Methane, isocyanato-
P016                    542-88-1  Methane, oxybis[chloro-
P112                    509-14-8  Methane, tetranitro- (R)
P118                     75-70-7  Methanethiol, trichloro-
P198                  23422-53-9  Methanimidamide, N,N-dimethyl-N'-[3-
                                   [[(methylamino)-carbonyl]oxy]phenyl]-
                                   , monohydrochloride.
P197                  17702-57-7  Methanimidamide, N,N-dimethyl-N'-[2-
                                   methyl-4-
                                   [[(methylamino)carbonyl]oxy]phenyl]-
P050                    115-29-7  6,9-Methano-2,4,3-benzodioxathiepin,
                                   6,7,8,9,10,10-
                                    hexachloro-1,5,5a,6,9,9a-hexahydro-,
                                   3-oxide
P059                     76-44-8  4,7-Methano-1H-indene, 1,4,5,6,7,8,8-
                                   heptachloro-
                                    3a,4,7,7a-tetrahydro-
P199                   2032-65-7  Methiocarb.
P066                  16752-77-5  Methomyl
P068                     60-34-4  Methyl hydrazine
P064                    624-83-9  Methyl isocyanate
P069                     75-86-5  2-Methyllactonitrile
P071                    298-00-0  Methyl parathion
P190                   1129-41-5  Metolcarb.
P128                     315-8-4  Mexacarbate.
P072                     86-88-4  alpha-Naphthylthiourea
P073                  13463-39-3  Nickel carbonyl
P073                  13463-39-3  Nickel carbonyl Ni(CO)4, (T-4)-
P074                    557-19-7  Nickel cyanide
P074                    557-19-7  Nickel cynaide Ni(CN)2
P075                 \1\ 54-11-5  Nicotine, & salts
P076                  10102-43-9  Nitric oxide
P077                    100-01-6  p-Nitroaniline
P078                  10102-44-0  Nitrogen dioxide
P076                  10102-43-9  Nitrogen oxide NO
P078                  10102-44-0  Nitrogen oxide NO2
P081                     55-63-0  Nitroglycerine (R)
P082                     62-75-9  N-Nitrosodimethylamine
P084                   4549-40-0  N-Nitrosomethylvinylamine
P085                    152-16-9  Octamethylpyrophosphoramide
P087                  20816-12-0  Osmium oxide OsO4, (T-4)-
P087                  20816-12-0  Osmium tetroxide
P088                    145-73-3  7-Oxabicyclo[2.2.1]heptane-2,3-
                                   dicarboxylic acid
P194                  23135-22-0  Oxamyl.
P089                     56-38-2  Parathion
P034                    131-89-5  Phenol, 2-cyclohexyl-4,6-dinitro-
P048                     51-28-5  Phenol, 2,4-dinitro-
P047                \1\ 534-52-1  Phenol, 2-methyl-4,6-dinitro-, & salts
P020                     88-85-7  Phenol, 2-(1-methylpropyl)-4,6-dinitro-
 
P009                    131-74-8  Phenol, 2,4,6-trinitro-, ammonium salt
                                   (R)
P128                    315-18-4  Phenol, 4-(dimethylamino)-3,5-dimethyl-
                                   , methylcarbamate (ester).
P199                   2032-65-7  Phenol, (3,5-dimethyl-4-(methylthio)-,
                                   methylcarbamate
P202                     64-00-6  Phenol, 3-(1-methylethyl)-, methyl
                                   carbamate.
P201                   2631-37-0  Phenol, 3-methyl-5-(1-methylethyl)-,
                                   methyl carbamate.
P092                     62-38-4  Phenylmercury acetate
P093                    103-85-5  Phenylthiourea
P094                    298-02-2  Phorate
P095                     75-44-5  Phosgene
P096                   7803-51-2  Phosphine
P041                    311-45-5  Phosphoric acid, diethyl 4-nitrophenyl
                                   ester
P039                    298-04-4  Phosphorodithioic acid, O,O-diethyl
                                    S-[2-(ethylthio)ethyl] ester
P094                    298-02-2  Phosphorodithioic acid, O,O-diethyl
                                    S-[(ethylthio)methyl] ester
P044                     60-51-5  Phosphorodithioic acid, O,O-dimethyl S-
                                   [2-(methylamino)-2-oxoethyl] ester

[[Page 66]]

 
P043                     55-91-4  Phosphorofluoridic acid, bis(1-
                                   methylethyl) ester
P089                     56-38-2  Phosphorothioic acid, O,O-diethyl O-(4-
                                   nitrophenyl) ester
P040                    297-97-2  Phosphorothioic acid, O,O-diethyl O-
                                   pyrazinyl ester
P097                     52-85-7  Phosphorothioic acid,
                                    O-[4-
                                   [(dimethylamino)sulfonyl]phenyl] O,O-
                                   dimethyl ester
P071                    298-00-0  Phosphorothioic acid, O,O,-dimethyl O-
                                   (4-nitrophenyl) ester
P204                     57-47-6  Physostigmine.
P188                     57-64-7  Physostigmine salicylate.
P110                     78-00-2  Plumbane, tetraethyl-
P098                    151-50-8  Potassium cyanide
P098                    151-50-8  Potassium cyanide K(CN)
P099                    506-61-6  Potassium silver cyanide
P201                   2631-37-0  Promecarb
P070                    116-06-3  Propanal, 2-methyl-2-(methylthio)-,
                                    O-[(methylamino)carbonyl]oxime
P203                   1646-88-4  Propanal, 2-methyl-2-(methyl-sulfonyl)-
                                   , O-[(methylamino)carbonyl] oxime.
P101                    107-12-0  Propanenitrile
P027                    542-76-7  Propanenitrile, 3-chloro-
P069                     75-86-5  Propanenitrile, 2-hydroxy-2-methyl-
P081                     55-63-0  1,2,3-Propanetriol, trinitrate (R)
P017                    598-31-2  2-Propanone, 1-bromo-
P102                    107-19-7  Propargyl alcohol
P003                    107-02-8  2-Propenal
P005                    107-18-6  2-Propen-1-ol
P067                     75-55-8  1,2-Propylenimine
P102                    107-19-7  2-Propyn-1-ol
P008                    504-24-5  4-Pyridinamine
P075                 \1\ 54-11-5  Pyridine, 3-(1-methyl-2-pyrrolidinyl)-
                                   , (S)-, & salts
P204                     57-47-6  Pyrrolo[2,3-b]indol-5-ol,
                                   1,2,3,3a,8,8a-hexahydro-1,3a,8-
                                   trimethyl-,
                                    methylcarbamate (ester), (3aS-cis)-.
P114                  12039-52-0  Selenious acid, dithallium(1+) salt
P103                    630-10-4  Selenourea
P104                    506-64-9  Silver cyanide
P104                    506-64-9  Silver cyanide Ag(CN)
P105                  26628-22-8  Sodium azide
P106                    143-33-9  Sodium cyanide
P106                    143-33-9  Sodium cyanide Na(CN)
P108                 \1\ 57-24-9  Strychnidin-10-one, & salts
P018                    357-57-3  Strychnidin-10-one, 2,3-dimethoxy-
P108                 \1\ 57-24-9  Strychnine, & salts
P115                   7446-18-6  Sulfuric acid, dithallium(1+) salt
P109                   3689-24-5  Tetraethyldithiopyrophosphate
P110                     78-00-2  Tetraethyl lead
P111                    107-49-3  Tetraethyl pyrophosphate
P112                    509-14-8  Tetranitromethane (R)
P062                    757-58-4  Tetraphosphoric acid, hexaethyl ester
P113                   1314-32-5  Thallic oxide
P113                   1314-32-5  Thallium oxide Tl2 O3
P114                  12039-52-0  Thallium(I) selenite
P115                   7446-18-6  Thallium(I) sulfate
P109                   3689-24-5  Thiodiphosphoric acid, tetraethyl
                                   ester
P045                  39196-18-4  Thiofanox
P049                    541-53-7  Thioimidodicarbonic diamide [(H2
                                   N)C(S)]2 NH
P014                    108-98-5  Thiophenol
P116                     79-19-6  Thiosemicarbazide
P026                   5344-82-1  Thiourea, (2-chlorophenyl)-
P072                     86-88-4  Thiourea, 1-naphthalenyl-
P093                    103-85-5  Thiourea, phenyl-
P185                  26419-73-8  Tirpate.
P123                   8001-35-2  Toxaphene
P118                     75-70-7  Trichloromethanethiol
P119                   7803-55-6  Vanadic acid, ammonium salt
P120                   1314-62-1  Vanadium oxide V2 O5
P120                   1314-62-1  Vanadium pentoxide
P084                   4549-40-0  Vinylamine, N-methyl-N-nitroso-
P001                 \1\ 81-81-2  Warfarin, & salts, when present at
                                   concentrations greater than 0.3%
P205                    137-30-4  Zinc, bis(dimethylcarbamodithioato-
                                   S,S')-,
P121                    557-21-1  Zinc cyanide
P121                    557-21-1  Zinc cyanide Zn(CN)2
P122                   1314-84-7  Zinc phosphide Zn3 P2, when present at
                                   concentrations greater than 10% (R,T)
P205                    137-30-4  Ziram.
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.


[[Page 67]]

    (f) The commercial chemical products, manfacturing chemical 
intermediates, or off-specification commercial chemical products 
referred to in paragraphs (a) through (d) of this section, are 
identified as toxic wastes (T), unless otherwise designated and are 
subject to the small quantity generator exclusion defined in Sec. 261.5 
(a) and (g).
[Comment: For the convenience of the regulated community, the primary 
hazardous properties of these materials have been indicated by the 
letters T (Toxicity), R (Reactivity), I (Ignitability) and C 
(Corrosivity). Absence of a letter indicates that the compound is only 
listed for toxicity.]
    These wastes and their corresponding EPA Hazardous Waste Numbers 
are:

------------------------------------------------------------------------
                      Chemical
  Hazardous waste     abstracts                  Substance
        No.              No.
------------------------------------------------------------------------
U394                  30558-43-1  A2213.
U001                     75-07-0  Acetaldehyde (I)
U034                     75-87-6  Acetaldehyde, trichloro-
U187                     62-44-2  Acetamide, N-(4-ethoxyphenyl)-
U005                     53-96-3  Acetamide, N-9H-fluoren-2-yl-
U240                 \1\ 94-75-7  Acetic acid, (2,4-dichlorophenoxy)-,
                                   salts & esters
U112                    141-78-6  Acetic acid ethyl ester (I)
U144                    301-04-2  Acetic acid, lead(2+) salt
U214                    563-68-8  Acetic acid, thallium(1+) salt
see F027                 93-76-5  Acetic acid, (2,4,5-trichlorophenoxy)-
U002                     67-64-1  Acetone (I)
U003                     75-05-8  Acetonitrile (I,T)
U004                     98-86-2  Acetophenone
U005                     53-96-3  2-Acetylaminofluorene
U006                     75-36-5  Acetyl chloride (C,R,T)
U007                     79-06-1  Acrylamide
U008                     79-10-7  Acrylic acid (I)
U009                    107-13-1  Acrylonitrile
U011                     61-82-5  Amitrole
U012                     62-53-3  Aniline (I,T)
U136                     75-60-5  Arsinic acid, dimethyl-
U014                    492-80-8  Auramine
U015                    115-02-6  Azaserine
U010                     50-07-7  Azirino[2,3:3,4]pyrrolo[1,2-a]indole-
                                   4,7-dione, 6-amino-8-
                                   [[(aminocarbonyl)oxy]methyl]-
                                   1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-
                                   methyl-, [1aS-(1aalpha,
                                   8beta,8aalpha,8balpha)]-
U280                    101-27-9  Barban.
U278                  22781-23-3  Bendiocarb.
U364                  22961-82-6  Bendiocarb phenol.
U271                  17804-35-2  Benomyl.
U157                     56-49-5  Benz[j]aceanthrylene, 1,2-dihydro-3-
                                   methyl-
U016                    225-51-4  Benz[c]acridine
U017                     98-87-3  Benzal chloride
U192                  23950-58-5  Benzamide, 3,5-dichloro-N-(1,1-
                                   dimethyl-2-propynyl)-
U018                     56-55-3  Benz[a]anthracene
U094                     57-97-6  Benz[a]anthracene, 7,12-dimethyl-
U012                     62-53-3  Benzenamine (I,T)
U014                    492-80-8  Benzenamine, 4,4-carbonimidoylbis[N,N-
                                   dimethyl-
U049                   3165-93-3  Benzenamine, 4-chloro-2-methyl-,
                                   hydrochloride
U093                     60-11-7  Benzenamine, N,N-dimethyl-4-
                                   (phenylazo)-
U328                     95-53-4  Benzenamine, 2-methyl-
U353                    106-49-0  Benzenamine, 4-methyl-
U158                    101-14-4  Benzenamine, 4,4-methylenebis[2-chloro-
 
U222                    636-21-5  Benzenamine, 2-methyl-, hydrochloride
U181                     99-55-8  Benzenamine, 2-methyl-5-nitro-
U019                     71-43-2  Benzene (I,T)
U038                    510-15-6  Benzeneacetic acid, 4-chloro-alpha-(4-
                                   chlorophenyl)-alpha-hydroxy-, ethyl
                                   ester
U030                    101-55-3  Benzene, 1-bromo-4-phenoxy-
U035                    305-03-3  Benzenebutanoic acid, 4-[bis(2-
                                   chloroethyl)amino]-
U037                    108-90-7  Benzene, chloro-
U221                  25376-45-8  Benzenediamine, ar-methyl-
U028                    117-81-7  1,2-Benzenedicarboxylic acid, bis(2-
                                   ethylhexyl) ester
U069                     84-74-2  1,2-Benzenedicarboxylic acid, dibutyl
                                   ester
U088                     84-66-2  1,2-Benzenedicarboxylic acid, diethyl
                                   ester
U102                    131-11-3  1,2-Benzenedicarboxylic acid, dimethyl
                                   ester
U107                    117-84-0  1,2-Benzenedicarboxylic acid, dioctyl
                                   ester
U070                     95-50-1  Benzene, 1,2-dichloro-
U071                    541-73-1  Benzene, 1,3-dichloro-
U072                    106-46-7  Benzene, 1,4-dichloro-

[[Page 68]]

 
U060                     72-54-8  Benzene, 1,1-(2,2-
                                   dichloroethylidene)bis[4-chloro-
U017                     98-87-3  Benzene, (dichloromethyl)-
U223                  26471-62-5  Benzene, 1,3-diisocyanatomethyl- (R,T)
U239                   1330-20-7  Benzene, dimethyl- (I,T)
U201                    108-46-3  1,3-Benzenediol
U127                    118-74-1  Benzene, hexachloro-
U056                    110-82-7  Benzene, hexahydro- (I)
U220                    108-88-3  Benzene, methyl-
U105                    121-14-2  Benzene, 1-methyl-2,4-dinitro-
U106                    606-20-2  Benzene, 2-methyl-1,3-dinitro-
U055                     98-82-8  Benzene, (1-methylethyl)- (I)
U169                     98-95-3  Benzene, nitro-
U183                    608-93-5  Benzene, pentachloro-
U185                     82-68-8  Benzene, pentachloronitro-
U020                     98-09-9  Benzenesulfonic acid chloride (C,R)
U020                     98-09-9  Benzenesulfonyl chloride (C,R)
U207                     95-94-3  Benzene, 1,2,4,5-tetrachloro-
U061                     50-29-3  Benzene, 1,1-(2,2,2-
                                   trichloroethylidene)bis[4-chloro-
U247                     72-43-5  Benzene, 1,1-(2,2,2-
                                   trichloroethylidene)bis[4- methoxy-
U023                     98-07-7  Benzene, (trichloromethyl)-
U234                     99-35-4  Benzene, 1,3,5-trinitro-
U021                     92-87-5  Benzidine
U202                 \1\ 81-07-2  1,2-Benzisothiazol-3(2H)-one, 1,1-
                                   dioxide, & salts
U278                  22781-23-3  1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
                                   methyl carbamate.
U364                  22961-82-6  1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
U203                     94-59-7  1,3-Benzodioxole, 5-(2-propenyl)-
U141                    120-58-1  1,3-Benzodioxole, 5-(1-propenyl)-
U367                   1563-38-8  7-Benzofuranol, 2,3-dihydro-2,2-
                                   dimethyl-
U090                     94-58-6  1,3-Benzodioxole, 5-propyl-
U064                    189-55-9  Benzo[rst]pentaphene
U248                  \1\81-81-2  2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
                                   oxo-1-phenyl-butyl)-, & salts, when
                                   present at concentrations of 0.3% or
                                   less
U022                     50-32-8  Benzo[a]pyrene
U197                    106-51-4  p-Benzoquinone
U023                     98-07-7  Benzotrichloride (C,R,T)
U085                   1464-53-5  2,2-Bioxirane
U021                     92-87-5  [1,1-Biphenyl]-4,4-diamine
U073                     91-94-1  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
                                   dichloro-
U091                    119-90-4  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
                                   dimethoxy-
U095                    119-93-7  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
                                   dimethyl-
U225                     75-25-2  Bromoform
U030                    101-55-3  4-Bromophenyl phenyl ether
U128                     87-68-3  1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
U172                    924-16-3  1-Butanamine, N-butyl-N-nitroso-
U031                     71-36-3  1-Butanol (I)
U159                     78-93-3  2-Butanone (I,T)
U160                   1338-23-4  2-Butanone, peroxide (R,T)
U053                   4170-30-3  2-Butenal
U074                    764-41-0  2-Butene, 1,4-dichloro- (I,T)
U143                    303-34-4  2-Butenoic acid, 2-methyl-, 7-[[2,3-
                                   dihydroxy-
                                    2-(1-methoxyethyl)-3-methyl-1-
                                   oxobutoxy]methyl]-
                                    2,3,5,7a-tetrahydro-1H-pyrrolizin-1-
                                   yl ester,
                                    [1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-
U031                     71-36-3  n-Butyl alcohol (I)
U136                     75-60-5  Cacodylic acid
U032                  13765-19-0  Calcium chromate
U372                  10605-21-7  Carbamic acid, 1H-benzimidazol-2-yl,
                                   methyl ester.
U271                  17804-35-2  Carbamic acid, [1-
                                   [(butylamino)carbonyl]-1H-
                                   benzimidazol-2-yl]-, methyl ester.
U280                    101-27-9  Carbamic acid, (3-chlorophenyl)-, 4-
                                   chloro-2-butynyl ester.
U238                     51-79-6  Carbamic acid, ethyl ester
U178                    615-53-2  Carbamic acid, methylnitroso-, ethyl
                                   ester
U373                    122-42-9  Carbamic acid, phenyl-, 1-methylethyl
                                   ester.
U409                  23564-05-8  Carbamic acid, [1,2-phenylenebis
                                   (iminocarbonothioyl)]bis-, dimethyl
                                   ester.
U097                     79-44-7  Carbamic chloride, dimethyl-
U389                   2303-17-5  Carbamothioic acid, bis(1-methylethyl)-
                                   , S-(2,3,3-trichloro-2-propenyl)
                                   ester.
U387                  52888-80-9  Carbamothioic acid, dipropyl-, S-
                                   (phenylmethyl) ester.
U114                \1\ 111-54-6  Carbamodithioic acid, 1,2-
                                   ethanediylbis-,
                                    salts & esters
U062                   2303-16-4  Carbamothioic acid, bis(1-methylethyl)-
                                   , S-(2,3-dichloro-2-propenyl) ester
U279                     63-25-2  Carbaryl.
U372                  10605-21-7  Carbendazim.
U367                   1563-38-8  Carbofuran phenol.

[[Page 69]]

 
U215                   6533-73-9  Carbonic acid, dithallium(1+) salt
U033                    353-50-4  Carbonic difluoride
U156                     79-22-1  Carbonochloridic acid, methyl ester
                                   (I,T)
U033                    353-50-4  Carbon oxyfluoride (R,T)
U211                     56-23-5  Carbon tetrachloride
U034                     75-87-6  Chloral
U035                    305-03-3  Chlorambucil
U036                     57-74-9  Chlordane, alpha & gamma isomers
U026                    494-03-1  Chlornaphazin
U037                    108-90-7  Chlorobenzene
U038                    510-15-6  Chlorobenzilate
U039                     59-50-7  p-Chloro-m-cresol
U042                    110-75-8  2-Chloroethyl vinyl ether
U044                     67-66-3  Chloroform
U046                    107-30-2  Chloromethyl methyl ether
U047                     91-58-7  beta-Chloronaphthalene
U048                     95-57-8  o-Chlorophenol
U049                   3165-93-3  4-Chloro-o-toluidine, hydrochloride
U032                  13765-19-0  Chromic acid H2 CrO4, calcium salt
U050                    218-01-9  Chrysene
U051                ............  Creosote
U052                   1319-77-3  Cresol (Cresylic acid)
U053                   4170-30-3  Crotonaldehyde
U055                     98-82-8  Cumene (I)
U246                    506-68-3  Cyanogen bromide (CN)Br
U197                    106-51-4  2,5-Cyclohexadiene-1,4-dione
U056                    110-82-7  Cyclohexane (I)
U129                     58-89-9  Cyclohexane, 1,2,3,4,5,6-hexachloro-,
                                    (1alpha,2alpha,3beta,4alpha,5alpha,6
                                   beta)-
U057                    108-94-1  Cyclohexanone (I)
U130                     77-47-4  1,3-Cyclopentadiene, 1,2,3,4,5,5-
                                   hexachloro-
U058                     50-18-0  Cyclophosphamide
U240                 \1\ 94-75-7  2,4-D, salts & esters
U059                  20830-81-3  Daunomycin
U060                     72-54-8  DDD
U061                     50-29-3  DDT
U062                   2303-16-4  Diallate
U063                     53-70-3  Dibenz[a,h]anthracene
U064                    189-55-9  Dibenzo[a,i]pyrene
U066                     96-12-8  1,2-Dibromo-3-chloropropane
U069                     84-74-2  Dibutyl phthalate
U070                     95-50-1  o-Dichlorobenzene
U071                    541-73-1  m-Dichlorobenzene
U072                    106-46-7  p-Dichlorobenzene
U073                     91-94-1  3,3'-Dichlorobenzidine
U074                    764-41-0  1,4-Dichloro-2-butene (I,T)
U075                     75-71-8  Dichlorodifluoromethane
U078                     75-35-4  1,1-Dichloroethylene
U079                    156-60-5  1,2-Dichloroethylene
U025                    111-44-4  Dichloroethyl ether
U027                    108-60-1  Dichloroisopropyl ether
U024                    111-91-1  Dichloromethoxy ethane
U081                    120-83-2  2,4-Dichlorophenol
U082                     87-65-0  2,6-Dichlorophenol
U084                    542-75-6  1,3-Dichloropropene
U085                   1464-53-5  1,2:3,4-Diepoxybutane (I,T)
U108                    123-91-1  1,4-Diethyleneoxide
U028                    117-81-7  Diethylhexyl phthalate
U395                   5952-26-1  Diethylene glycol, dicarbamate.
U086                   1615-80-1  N,N'-Diethylhydrazine
U087                   3288-58-2  O,O-Diethyl S-methyl dithiophosphate
U088                     84-66-2  Diethyl phthalate
U089                     56-53-1  Diethylstilbesterol
U090                     94-58-6  Dihydrosafrole
U091                    119-90-4  3,3'-Dimethoxybenzidine
U092                    124-40-3  Dimethylamine (I)
U093                     60-11-7  p-Dimethylaminoazobenzene
U094                     57-97-6  7,12-Dimethylbenz[a]anthracene
U095                    119-93-7  3,3'-Dimethylbenzidine
U096                     80-15-9  alpha,alpha-
                                   Dimethylbenzylhydroperoxide (R)
U097                     79-44-7  Dimethylcarbamoyl chloride
U098                     57-14-7  1,1-Dimethylhydrazine

[[Page 70]]

 
U099                    540-73-8  1,2-Dimethylhydrazine
U101                    105-67-9  2,4-Dimethylphenol
U102                    131-11-3  Dimethyl phthalate
U103                     77-78-1  Dimethyl sulfate
U105                    121-14-2  2,4-Dinitrotoluene
U106                    606-20-2  2,6-Dinitrotoluene
U107                    117-84-0  Di-n-octyl phthalate
U108                    123-91-1  1,4-Dioxane
U109                    122-66-7  1,2-Diphenylhydrazine
U110                    142-84-7  Dipropylamine (I)
U111                    621-64-7  Di-n-propylnitrosamine
U041                    106-89-8  Epichlorohydrin
U001                     75-07-0  Ethanal (I)
U404                    121-44-8  Ethanamine, N,N-diethyl-
U174                     55-18-5  Ethanamine, N-ethyl-N-nitroso-
U155                     91-80-5  1,2-Ethanediamine, N,N-dimethyl-N'-2-
                                   pyridinyl-N'-(2-thienylmethyl)-
U067                    106-93-4  Ethane, 1,2-dibromo-
U076                     75-34-3  Ethane, 1,1-dichloro-
U077                    107-06-2  Ethane, 1,2-dichloro-
U131                     67-72-1  Ethane, hexachloro-
U024                    111-91-1  Ethane, 1,1'-[methylenebis(oxy)]bis[2-
                                   chloro-
U117                     60-29-7  Ethane, 1,1'-oxybis-(I)
U025                    111-44-4  Ethane, 1,1'-oxybis[2-chloro-
U184                     76-01-7  Ethane, pentachloro-
U208                    630-20-6  Ethane, 1,1,1,2-tetrachloro-
U209                     79-34-5  Ethane, 1,1,2,2-tetrachloro-
U218                     62-55-5  Ethanethioamide
U226                     71-55-6  Ethane, 1,1,1-trichloro-
U227                     79-00-5  Ethane, 1,1,2-trichloro-
U410                  59669-26-0  Ethanimidothioic acid, N,N'-
                                   [thiobis[(methylimino)carbonyloxy]]bi
                                   s-, dimethyl ester
U394                  30558-43-1  Ethanimidothioic acid, 2-
                                   (dimethylamino)-N-hydroxy-2-oxo-,
                                   methyl ester.
U359                    110-80-5  Ethanol, 2-ethoxy-
U173                   1116-54-7  Ethanol, 2,2'-(nitrosoimino)bis-
U395                   5952-26-1  Ethanol, 2,2'-oxybis-, dicarbamate.
U004                     98-86-2  Ethanone, 1-phenyl-
U043                     75-01-4  Ethene, chloro-
U042                    110-75-8  Ethene, (2-chloroethoxy)-
U078                     75-35-4  Ethene, 1,1-dichloro-
U079                    156-60-5  Ethene, 1,2-dichloro-, (E)-
U210                    127-18-4  Ethene, tetrachloro-
U228                     79-01-6  Ethene, trichloro-
U112                    141-78-6  Ethyl acetate (I)
U113                    140-88-5  Ethyl acrylate (I)
U238                     51-79-6  Ethyl carbamate (urethane)
U117                     60-29-7  Ethyl ether (I)
U114                \1\ 111-54-6  Ethylenebisdithiocarbamic acid, salts
                                   & esters
U067                    106-93-4  Ethylene dibromide
U077                    107-06-2  Ethylene dichloride
U359                    110-80-5  Ethylene glycol monoethyl ether
U115                     75-21-8  Ethylene oxide (I,T)
U116                     96-45-7  Ethylenethiourea
U076                     75-34-3  Ethylidene dichloride
U118                     97-63-2  Ethyl methacrylate
U119                     62-50-0  Ethyl methanesulfonate
U120                    206-44-0  Fluoranthene
U122                     50-00-0  Formaldehyde
U123                     64-18-6  Formic acid (C,T)
U124                    110-00-9  Furan (I)
U125                     98-01-1  2-Furancarboxaldehyde (I)
U147                    108-31-6  2,5-Furandione
U213                    109-99-9  Furan, tetrahydro-(I)
U125                     98-01-1  Furfural (I)
U124                    110-00-9  Furfuran (I)
U206                  18883-66-4  Glucopyranose, 2-deoxy-2-(3-methyl-3-
                                   nitrosoureido)-, D-
U206                  18883-66-4  D-Glucose, 2-deoxy-2-
                                   [[(methylnitrosoamino)-
                                    carbonyl]amino]-
U126                    765-34-4  Glycidylaldehyde
U163                     70-25-7  Guanidine, N-methyl-N'-nitro-N-nitroso-
 
U127                    118-74-1  Hexachlorobenzene
U128                     87-68-3  Hexachlorobutadiene
U130                     77-47-4  Hexachlorocyclopentadiene
U131                     67-72-1  Hexachloroethane

[[Page 71]]

 
U132                     70-30-4  Hexachlorophene
U243                   1888-71-7  Hexachloropropene
U133                    302-01-2  Hydrazine (R,T)
U086                   1615-80-1  Hydrazine, 1,2-diethyl-
U098                     57-14-7  Hydrazine, 1,1-dimethyl-
U099                    540-73-8  Hydrazine, 1,2-dimethyl-
U109                    122-66-7  Hydrazine, 1,2-diphenyl-
U134                   7664-39-3  Hydrofluoric acid (C,T)
U134                   7664-39-3  Hydrogen fluoride (C,T)
U135                   7783-06-4  Hydrogen sulfide
U135                   7783-06-4  Hydrogen sulfide H2 S
U096                     80-15-9  Hydroperoxide, 1-methyl-1-phenylethyl-
                                   (R)
U116                     96-45-7  2-Imidazolidinethione
U137                    193-39-5  Indeno[1,2,3-cd]pyrene
U190                     85-44-9  1,3-Isobenzofurandione
U140                     78-83-1  Isobutyl alcohol (I,T)
U141                    120-58-1  Isosafrole
U142                    143-50-0  Kepone
U143                    303-34-4  Lasiocarpine
U144                    301-04-2  Lead acetate
U146                   1335-32-6  Lead, bis(acetato-O)tetrahydroxytri-
U145                   7446-27-7  Lead phosphate
U146                   1335-32-6  Lead subacetate
U129                     58-89-9  Lindane
U163                     70-25-7  MNNG
U147                    108-31-6  Maleic anhydride
U148                    123-33-1  Maleic hydrazide
U149                    109-77-3  Malononitrile
U150                    148-82-3  Melphalan
U151                   7439-97-6  Mercury
U152                    126-98-7  Methacrylonitrile (I, T)
U092                    124-40-3  Methanamine, N-methyl- (I)
U029                     74-83-9  Methane, bromo-
U045                     74-87-3  Methane, chloro- (I, T)
U046                    107-30-2  Methane, chloromethoxy-
U068                     74-95-3  Methane, dibromo-
U080                     75-09-2  Methane, dichloro-
U075                     75-71-8  Methane, dichlorodifluoro-
U138                     74-88-4  Methane, iodo-
U119                     62-50-0  Methanesulfonic acid, ethyl ester
U211                     56-23-5  Methane, tetrachloro-
U153                     74-93-1  Methanethiol (I, T)
U225                     75-25-2  Methane, tribromo-
U044                     67-66-3  Methane, trichloro-
U121                     75-69-4  Methane, trichlorofluoro-
U036                     57-74-9  4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-
                                   octachloro-2,3,3a,4,7,7a-hexahydro-
U154                     67-56-1  Methanol (I)
U155                     91-80-5  Methapyrilene
U142                    143-50-0  1,3,4-Metheno-2H-cyclobuta[cd]pentalen-
                                   2-one, 1,1a,3,3a,4,5,5,5a,5b,6-
                                   decachlorooctahydro-
U247                     72-43-5  Methoxychlor
U154                     67-56-1  Methyl alcohol (I)
U029                     74-83-9  Methyl bromide
U186                    504-60-9  1-Methylbutadiene (I)
U045                     74-87-3  Methyl chloride (I,T)
U156                     79-22-1  Methyl chlorocarbonate (I,T)
U226                     71-55-6  Methyl chloroform
U157                     56-49-5  3-Methylcholanthrene
U158                    101-14-4  4,4'-Methylenebis(2-chloroaniline)
U068                     74-95-3  Methylene bromide
U080                     75-09-2  Methylene chloride
U159                     78-93-3  Methyl ethyl ketone (MEK) (I,T)
U160                   1338-23-4  Methyl ethyl ketone peroxide (R,T)
U138                     74-88-4  Methyl iodide
U161                    108-10-1  Methyl isobutyl ketone (I)
U162                     80-62-6  Methyl methacrylate (I,T)
U161                    108-10-1  4-Methyl-2-pentanone (I)
U164                     56-04-2  Methylthiouracil
U010                     50-07-7  Mitomycin C
U059                  20830-81-3  5,12-Naphthacenedione, 8-acetyl-10-[(3-
                                   amino-2,3,6-trideoxy)-alpha-L-lyxo-
                                   hexopyranosyl)oxy]-7,8,9,10-
                                   tetrahydro-6,8,11-trihydroxy-1-
                                   methoxy-, (8S-cis)-
U167                    134-32-7  1-Naphthalenamine
U168                     91-59-8  2-Naphthalenamine

[[Page 72]]

 
U026                    494-03-1  Naphthalenamine, N,N'-bis(2-
                                   chloroethyl)-
U165                     91-20-3  Naphthalene
U047                     91-58-7  Naphthalene, 2-chloro-
U166                    130-15-4  1,4-Naphthalenedione
U236                     72-57-1  2,7-Naphthalenedisulfonic acid, 3,3'-
                                   [(3,3'-
                                    dimethyl[1,1'-biphenyl]-4,4'-
                                   diyl)bis(azo)bis[5-amino-4-hydroxy]-,
                                   tetrasodium salt
U279                     63-25-2  1-Naphthalenol, methylcarbamate.
U166                    130-15-4  1,4-Naphthoquinone
U167                    134-32-7  alpha-Naphthylamine
U168                     91-59-8  beta-Naphthylamine
U217                  10102-45-1  Nitric acid, thallium(1+) salt
U169                     98-95-3  Nitrobenzene (I,T)
U170                    100-02-7  p-Nitrophenol
U171                     79-46-9  2-Nitropropane (I,T)
U172                    924-16-3  N-Nitrosodi-n-butylamine
U173                   1116-54-7  N-Nitrosodiethanolamine
U174                     55-18-5  N-Nitrosodiethylamine
U176                    759-73-9  N-Nitroso-N-ethylurea
U177                    684-93-5  N-Nitroso-N-methylurea
U178                    615-53-2  N-Nitroso-N-methylurethane
U179                    100-75-4  N-Nitrosopiperidine
U180                    930-55-2  N-Nitrosopyrrolidine
U181                     99-55-8  5-Nitro-o-toluidine
U193                   1120-71-4  1,2-Oxathiolane, 2,2-dioxide
U058                     50-18-0  2H-1,3,2-Oxazaphosphorin-2-amine,
                                    N,N-bis(2-chloroethyl)tetrahydro-, 2-
                                   oxide
U115                     75-21-8  Oxirane (I,T)
U126                    765-34-4  Oxiranecarboxyaldehyde
U041                    106-89-8  Oxirane, (chloromethyl)-
              2         123-63-7  Paraldehyde
U183                    608-93-5  Pentachlorobenzene
U184                     76-01-7  Pentachloroethane
U185                     82-68-8  Pentachloronitrobenzene (PCNB)
See F027                 87-86-5  Pentachlorophenol
U161                    108-10-1  Pentanol, 4-methyl-
U186                    504-60-9  1,3-Pentadiene (I)
U187                     62-44-2  Phenacetin
U188                    108-95-2  Phenol
U048                     95-57-8  Phenol, 2-chloro-
U039                     59-50-7  Phenol, 4-chloro-3-methyl-
U081                    120-83-2  Phenol, 2,4-dichloro-
U082                     87-65-0  Phenol, 2,6-dichloro-
U089                     56-53-1  Phenol, 4,4'-(1,2-diethyl-1,2-
                                   ethenediyl)bis-, (E)-
U101                    105-67-9  Phenol, 2,4-dimethyl-
U052                   1319-77-3  Phenol, methyl-
U132                     70-30-4  Phenol, 2,2'-methylenebis[3,4,6-
                                   trichloro-
U411                    114-26-1  Phenol, 2-(1-methylethoxy)-,
                                   methylcarbamate.
U170                    100-02-7  Phenol, 4-nitro-
See F027                 87-86-5  Phenol, pentachloro-
See F027                 58-90-2  Phenol, 2,3,4,6-tetrachloro-
See F027                 95-95-4  Phenol, 2,4,5-trichloro-
See F027                 88-06-2  Phenol, 2,4,6-trichloro-
U150                    148-82-3  L-Phenylalanine, 4-[bis(2-
                                   chloroethyl)amino]-
U145                   7446-27-7  Phosphoric acid, lead(2+) salt (2:3)
U087                   3288-58-2  Phosphorodithioic acid, O,O-diethyl S-
                                   methyl ester
U189                   1314-80-3  Phosphorus sulfide (R)
U190                     85-44-9  Phthalic anhydride
U191                    109-06-8  2-Picoline
U179                    100-75-4  Piperidine, 1-nitroso-
U192                  23950-58-5  Pronamide
U194                    107-10-8  1-Propanamine (I,T)
U111                    621-64-7  1-Propanamine, N-nitroso-N-propyl-
U110                    142-84-7  1-Propanamine, N-propyl- (I)
U066                     96-12-8  Propane, 1,2-dibromo-3-chloro-
U083                     78-87-5  Propane, 1,2-dichloro-
U149                    109-77-3  Propanedinitrile
U171                     79-46-9  Propane, 2-nitro- (I,T)

[[Page 73]]

 
U027                    108-60-1  Propane, 2,2'-oxybis[2-chloro-
U193                   1120-71-4  1,3-Propane sultone
See F027                 93-72-1  Propanoic acid, 2-(2,4,5-
                                   trichlorophenoxy)-
U235                    126-72-7  1-Propanol, 2,3-dibromo-, phosphate
                                   (3:1)
U140                     78-83-1  1-Propanol, 2-methyl- (I,T)
U002                     67-64-1  2-Propanone (I)
U007                     79-06-1  2-Propenamide
U084                    542-75-6  1-Propene, 1,3-dichloro-
U243                   1888-71-7  1-Propene, 1,1,2,3,3,3-hexachloro-
U009                    107-13-1  2-Propenenitrile
U152                    126-98-7  2-Propenenitrile, 2-methyl- (I,T)
U008                     79-10-7  2-Propenoic acid (I)
U113                    140-88-5  2-Propenoic acid, ethyl ester (I)
U118                     97-63-2  2-Propenoic acid, 2-methyl-, ethyl
                                   ester
U162                     80-62-6  2-Propenoic acid, 2-methyl-, methyl
                                   ester (I,T)
U373                    122-42-9  Propham.
U411                    114-26-1  Propoxur.
U387                  52888-80-9  Prosulfocarb.
U194                    107-10-8  n-Propylamine (I,T)
U083                     78-87-5  Propylene dichloride
U148                    123-33-1  3,6-Pyridazinedione, 1,2-dihydro-
U196                    110-86-1  Pyridine
U191                    109-06-8  Pyridine, 2-methyl-
U237                     66-75-1  2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-
                                    chloroethyl)amino]-
U164                     56-04-2  4(1H)-Pyrimidinone, 2,3-dihydro-6-
                                   methyl-2-thioxo-
U180                    930-55-2  Pyrrolidine, 1-nitroso-
U200                     50-55-5  Reserpine
U201                    108-46-3  Resorcinol
U202                 \1\ 81-07-2  Saccharin, & salts
U203                     94-59-7  Safrole
U204                   7783-00-8  Selenious acid
U204                   7783-00-8  Selenium dioxide
U205                   7488-56-4  Selenium sulfide
U205                   7488-56-4  Selenium sulfide SeS2 (R,T)
U015                    115-02-6  L-Serine, diazoacetate (ester)
See F027                 93-72-1  Silvex (2,4,5-TP)
U206                  18883-66-4  Streptozotocin
U103                     77-78-1  Sulfuric acid, dimethyl ester
U189                   1314-80-3  Sulfur phosphide (R)
See F027                 93-76-5  2,4,5-T
U207                     95-94-3  1,2,4,5-Tetrachlorobenzene
U208                    630-20-6  1,1,1,2-Tetrachloroethane
U209                     79-34-5  1,1,2,2-Tetrachloroethane
U210                    127-18-4  Tetrachloroethylene
See F027                 58-90-2  2,3,4,6-Tetrachlorophenol
U213                    109-99-9  Tetrahydrofuran (I)
U214                    563-68-8  Thallium(I) acetate
U215                   6533-73-9  Thallium(I) carbonate
U216                   7791-12-0  Thallium(I) chloride
U216                   7791-12-0  Thallium chloride Tlcl
U217                  10102-45-1  Thallium(I) nitrate
U218                     62-55-5  Thioacetamide
U410                  59669-26-0  Thiodicarb.
U153                     74-93-1  Thiomethanol (I,T)
U244                    137-26-8  Thioperoxydicarbonic diamide [(H2
                                   N)C(S)]2 S2, tetramethyl-
U409                  23564-05-8  Thiophanate-methyl.
U219                     62-56-6  Thiourea
U244                    137-26-8  Thiram
U220                    108-88-3  Toluene
U221                  25376-45-8  Toluenediamine
U223                  26471-62-5  Toluene diisocyanate (R,T)
U328                     95-53-4  o-Toluidine
U353                    106-49-0  p-Toluidine
U222                    636-21-5  o-Toluidine hydrochloride
U389                   2303-17-5  Triallate.
U011                     61-82-5  1H-1,2,4-Triazol-3-amine
U227                     79-00-5  1,1,2-Trichloroethane

[[Page 74]]

 
U228                     79-01-6  Trichloroethylene
U121                     75-69-4  Trichloromonofluoromethane
See F027                 95-95-4  2,4,5-Trichlorophenol
See F027                 88-06-2  2,4,6-Trichlorophenol
U404                    121-44-8  Triethylamine.
U234                     99-35-4  1,3,5-Trinitrobenzene (R,T)
U182                    123-63-7  1,3,5-Trioxane, 2,4,6-trimethyl-
U235                    126-72-7  Tris(2,3-dibromopropyl) phosphate
U236                     72-57-1  Trypan blue
U237                     66-75-1  Uracil mustard
U176                    759-73-9  Urea, N-ethyl-N-nitroso-
U177                    684-93-5  Urea, N-methyl-N-nitroso-
U043                     75-01-4  Vinyl chloride
U248                 \1\ 81-81-2  Warfarin, & salts, when present at
                                   concentrations of 0.3% or less
U239                   1330-20-7  Xylene (I)
U200                     50-55-5  Yohimban-16-carboxylic acid, 11,17-
                                   dimethoxy-18-[(3,4,5-
                                   trimethoxybenzoyl)oxy]-, methyl
                                   ester,
                                   (3beta,16beta,17alpha,18beta,20alpha)-
 
U249                   1314-84-7  Zinc phosphide Zn3 P2, when present at
                                   concentrations of 10% or less
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.


[45 FR 78529, 78541, Nov. 25, 1980]

    Editorial Note: For Federal Register citations affecting 
Sec. 261.33, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 261.35  Deletion of certain hazardous waste codes following equipment 
cleaning and replacement.

    (a) Wastes from wood preserving processes at plants that do not 
resume or initiate use of chlorophenolic preservatives will not meet the 
listing definition of F032 once the generator has met all of the 
requirements of paragraphs (b) and (c) of this section. These wastes 
may, however, continue to meet another hazardous waste listing 
description or may exhibit one or more of the hazardous waste 
characteristics.
    (b) Generators must either clean or replace all process equipment 
that may have come into contact with chlorophenolic formulations or 
constituents thereof, including, but not limited to, treatment 
cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and 
trams, in a manner that minimizes or eliminates the escape of hazardous 
waste or constituents, leachate, contaminated drippage, or hazardous 
waste decomposition products to the ground water, surface water, or 
atmosphere.
    (1) Generators shall do one of the following:
    (i) Prepare and follow an equipment cleaning plan and clean 
equipment in accordance with this section;
    (ii) Prepare and follow an equipment replacement plan and replace 
equipment in accordance with this section; or
    (iii) Document cleaning and replacement in accordance with this 
section, carried out after termination of use of chlorophenolic 
preservations.
    (2) Cleaning Requirements.
    (i) Prepare and sign a written equipment cleaning plan that 
describes:
    (A) The equipment to be cleaned;
    (B) How the equipment will be cleaned;
    (C) The solvent to be used in cleaning;
    (D) How solvent rinses will be tested; and
    (E) How cleaning residues will be disposed.
    (ii) Equipment must be cleaned as follows:
    (A) Remove all visible residues from process equipment;
    (B) Rinse process equipment with an appropriate solvent until 
dioxins and dibenzofurans are not detected in the final solvent rinse.
    (iii) Analytical requirements.
    (A) Rinses must be tested in accordance with SW-846, Method 8290.
    (B) ``Not detected'' means at or below the lower method calibration 
limit (MCL) in Method 8290, Table 1.

[[Page 75]]

    (iv) The generator must manage all residues from the cleaning 
process as F032 waste.
    (3) Replacement requirements.
    (i) Prepare and sign a written equipment replacement plan that 
describes:
    (A) The equipment to be replaced;
    (B) How the equipment will be replaced; and
    (C) How the equipment will be disposed.
    (ii) The generator must manage the discarded equipment as F032 
waste.
    (4) Documentation requirements.
    (i) Document that previous equipment cleaning and/or replacement was 
performed in accordance with this section and occurred after cessation 
of use of chlorophenolic preservatives.
    (c) The generator must maintain the following records documenting 
the cleaning and replacement as part of the facility's operating record:
    (1) The name and address of the facility;
    (2) Formulations previously used and the date on which their use 
ceased in each process at the plant;
    (3) Formulations currently used in each process at the plant;
    (4) The equipment cleaning or replacement plan;
    (5) The name and address of any persons who conducted the cleaning 
and replacement;
    (6) The dates on which cleaning and replacement were accomplished;
    (7) The dates of sampling and testing;
    (8) A description of the sample handling and preparation techniques, 
including techniques used for extraction, containerization, 
preservation, and chain-of-custody of the samples;
    (9) A description of the tests performed, the date the tests were 
performed, and the results of the tests;
    (10) The name and model numbers of the instrument(s) used in 
performing the tests;
    (11) QA/QC documentation; and
    (12) The following statement signed by the generator or his 
authorized representative:
    I certify under penalty of law that all process equipment required 
to be cleaned or replaced under 40 CFR 261.35 was cleaned or replaced as 
represented in the equipment cleaning and replacement plan and 
accompanying documentation. I am aware that there are significant 
penalties for providing false information, including the possibility of 
fine or imprisonment.

[55 FR 50482, Dec. 6, 1990, as amended at 56 FR 30195, July 1, 1991]



Sec. 261.38  Comparable/Syngas Fuel Exclusion.

    Wastes that meet the following comparable/syngas fuel requirements 
are not solid wastes:
    (a) Comparable fuel specifications.--(1) Physical specifications.--
(i) Heating value. The heating value must exceed 5,000 BTU/lbs. (11,500 
J/g).
    (ii) Viscosity. The viscosity must not exceed: 50 cs, as-fired.
    (2) Constituent specifications. For compounds listed in table 1 to 
this section the specification levels and, where non-detect is the 
specification, minimum required detection limits are: (see Table 1).
    (b) Synthesis gas fuel specification.--Synthesis gas fuel (i.e., 
syngas fuel) that is generated from hazardous waste must:
    (1) Have a minimum Btu value of 100 Btu/Scf;
    (2) Contain less than 1 ppmv of total halogen;
    (3) Contain less than 300 ppmv of total nitrogen other than diatomic 
nitrogen (N2);
    (4) Contain less than 200 ppmv of hydrogen sulfide; and
    (5) Contain less than 1 ppmv of each hazardous constituent in the 
target list of appendix VIII constituents of this part.

        Table 1 to Sec.  261.38.--Detection and Detection Limit Values for Comparable Fuel Specification
----------------------------------------------------------------------------------------------------------------
                                                                                                        Minimum
                                                                   Composite   Heating  Concentration   required
                   Chemical name                        CAS No.      value      value   limit  (mg/kg  detection
                                                                    (mg/kg)   (BTU/lb)  at 10,000 BTU/   limit
                                                                                             lb)        (mg/kg)
----------------------------------------------------------------------------------------------------------------
Total Nitrogen as N................................            NA       9000     18400      4900       .........
Total Halogens as Cl...............................            NA       1000     18400       540       .........

[[Page 76]]

 
Total Organic Halogens as Cl.......................            NA  .........  ........     (\1\)       .........
Polychlorinated biphenyls, total [Arocolors, total]     1336-36-3         ND  ........        ND             1.4
Cyanide, total.....................................       57-12-5         ND  ........        ND             1.0
Metals:
    Antimony, total................................     7440-36-0         ND  ........        12       .........
    Arsenic, total.................................     7440-38-2         ND  ........         0.23    .........
    Barium, total..................................     7440-39-3         ND  ........        23       .........
    Beryllium, total...............................     7440-41-7         ND  ........         1.2     .........
    Cadmium, total.................................     7440-43-9  .........        ND  .............        1.2
    Chromium, total................................     7440-47-3         ND  ........         2.3     .........
    Cobalt.........................................     7440-48-4         ND  ........         4.6     .........
    Lead, total....................................     7439-92-1         57     18100        31       .........
    Manganese......................................     7439-96-5         ND  ........         1.2     .........
    Mercury, total.................................     7439-97-6         ND  ........         0.25    .........
    Nickel, total..................................     7440-02-0        106     18400        58       .........
    Selenium, total................................     7782-49-2         ND  ........         0.23    .........
    Silver, total..................................     7440-22-4         ND  ........         2.3     .........
    Thallium, total................................     7440-28-0         ND  ........        23       .........
Hydrocarbons:
    Benzo[a]anthracene.............................       56-55-3         ND  ........      2400       .........
    Benzene........................................       71-43-2       8000     19600      4100       .........
    Benzo[b]fluoranthene...........................      205-99-2         ND  ........      2400       .........
    Benzo[k]fluoranthene...........................      207-08-9         ND  ........      2400       .........
    Benzo[a]pyrene.................................       50-32-8         ND  ........      2400       .........
    Chrysene.......................................      218-01-9         ND  ........      2400       .........
    Dibenzo[a,h]anthracene.........................       53-70-3         ND  ........      2400       .........
    7,12-Dimethylbenz[a]anthracene.................       57-97-6         ND  ........      2400       .........
    Fluoranthene...................................      206-44-0         ND  ........      2400       .........
    Indeno(1,2,3-cd)pyrene.........................      193-39-5         ND  ........      2400       .........
    3-Methylcholanthrene...........................       56-49-5         ND  ........      2400       .........
    Naphthalene....................................       91-20-3       6200     19400      3200       .........
    Toluene........................................      108-88-3      69000     19400     36000       .........
Oxygenates:
    Acetophenone...................................       98-86-2         ND  ........      2400       .........
    Acrolein.......................................      107-02-8         ND  ........        39       .........
    Allyl alcohol..................................      107-18-6         ND  ........        30       .........
    Bis(2-ethylhexyl)phthalate [Di-2-ethylhexyl          117-81-7         ND  ........      2400       .........
     phthalate]....................................
    Butyl benzyl phthalate.........................       85-68-7         ND  ........      2400       .........
    o-Cresol [2-Methyl phenol].....................       95-48-7         ND  ........      2400       .........
    m-Cresol [3-Methyl phenol].....................      108-39-4         ND  ........      2400       .........
    p-Cresol [4-Methyl phenol].....................      106-44-5         ND  ........      2400       .........
    Di-n-butyl phthalate...........................       84-74-2         ND  ........      2400       .........
    Diethyl phthalate..............................       84-66-2         ND  ........      2400       .........
    2,4-Dimethylphenol.............................      105-67-9         ND  ........      2400       .........
    Dimethyl phthalate.............................      131-11-3         ND  ........      2400       .........
    Di-n-octyl phthalate...........................      117-84-0         ND  ........      2400       .........
    Endothall......................................      145-73-3         ND  ........       100       .........
    Ethyl methacrylate.............................       97-63-2         ND  ........        39       .........
    2-Ethoxyethanol [Ethylene glycol monoethyl           110-80-5         ND  ........       100       .........
     ether]........................................
    Isobutyl alcohol...............................       78-83-1         ND  ........        39       .........
    Isosafrole.....................................      120-58-1         ND  ........      2400       .........
    Methyl ethyl ketone [2-Butanone]...............       78-93-3         ND  ........        39       .........
    Methyl methacrylate............................       80-62-6         ND  ........        39       .........
    1,4-Naphthoquinone.............................      130-15-4         ND  ........      2400       .........
    Phenol.........................................      108-95-2         ND  ........      2400       .........
    Propargyl alcohol [2-Propyn-1-ol]..............      107-19-7         ND  ........        30       .........
    Safrole........................................       94-59-7         ND  ........      2400       .........
Sulfonated Organics:
    Carbon disulfide...............................       75-15-0         ND  ........        ND            39
    Disulfoton.....................................      298-04-4         ND  ........        ND          2400
    Ethyl methanesulfonate.........................       62-50-0         ND  ........        ND          2400
    Methyl methanesulfonate........................       66-27-3         ND  ........        ND          2400
    Phorate........................................      298-02-2         ND  ........        ND          2400
    1,3-Propane sultone............................     1120-71-4         ND  ........        ND           100
    Tetraethyldithiopyrophosphate [Sulfotepp]......     3689-24-5         ND  ........        ND          2400
    Thiophenol [Benzenethiol]......................      108-98-5         ND  ........        ND            30
    O,O,O-Triethyl phosphorothioate................      126-68-1         ND  ........        ND          2400

[[Page 77]]

 
Nitrogenated Organics:
    Acetonitrile [Methyl cyanide]..................       75-05-8         ND  ........        ND            39
    2-Acetylaminofluorene [2-AAF]..................       53-96-3         ND  ........        ND          2400
    Acrylonitrile..................................      107-13-1         ND  ........        ND            39
    4-Aminobiphenyl................................       92-67-1         ND  ........        ND          2400
    4-Aminopyridine................................      504-24-5         ND  ........        ND           100
    Aniline........................................       62-53-3         ND  ........        ND          2400
    Benzidine......................................       92-87-5         ND  ........        ND          2400
    Dibenz[a,j]acridine............................      224-42-0         ND  ........        ND          2400
    O,O-Diethyl O-pyrazinyl phosphorothioate             297-97-2         ND  ........        ND          2400
     [Thionazin]...................................
    Dimethoate.....................................       60-51-5         ND  ........        ND          2400
    p-(Dimethylamino) azobenzene [4-Dime                  60-11-7         ND  ........        ND          2400
     thylaminoazobenzene]..........................
    3,3'-Dimethylbenzidine.........................      119-93-7         ND  ........        ND          2400
    ,-Dimethylphenethylamine.....      122-09-8         ND  ........        ND          2400
    3,3'-Dimethoxybenzidine........................      119-90-4         ND  ........        ND           100
    1,3-Dinitrobenzene [m-Dinitrobenzene]..........       99-65-0         ND  ........        ND          2400
    4,6-Dinitro-o-cresol...........................      534-52-1         ND  ........        ND          2400
    2,4-Dinitrophenol..............................       51-28-5         ND  ........        ND          2400
    2,4-Dinitrotoluene.............................      121-14-2         ND  ........        ND          2400
    2,6-Dinitrotoluene.............................      606-20-2         ND  ........        ND          2400
    Dinoseb [2-sec-Butyl-4,6-dinitrophenol]........       88-85-7         ND  ........        ND          2400
    Diphenylamine..................................      122-39-4         ND  ........        ND          2400
    Ethyl carbamate [Urethane].....................       51-79-6         ND  ........        ND           100
    Ethylenethiourea (2-Imidazolidinethione).......       96-45-7         ND  ........        ND           110
    Famphur........................................       52-85-7         ND  ........        ND          2400
    Methacrylonitrile..............................      126-98-7         ND  ........        ND            39
    Methapyrilene..................................       91-80-5         ND  ........        ND          2400
    Methomyl.......................................    16752-77-5         ND  ........        ND            57
    2-Methyllactonitrile, [Acetone cyanohydrin]....       75-86-5         ND  ........        ND           100
    Methyl parathion...............................      298-00-0         ND  ........        ND          2400
    MNNG (N-Metyl-N-nitroso-N'-nitroguanidine).....       70-25-7         ND  ........        ND           110
    1-Naphthylamine, [-Naphthylamine].....      134-32-7         ND  ........        ND          2400
    2-Naphthylamine, [-Naphthylamine].....       91-59-8         ND  ........        ND          2400
    Nicotine.......................................       54-11-5         ND  ........        ND           100
    4-Nitroaniline, [p-Nitroaniline]...............      100-01-6         ND  ........        ND          2400
    Nitrobenzene...................................       98-95-3         ND  ........        ND          2400
    p-Nitrophenol, [p-Nitrophenol].................      100-02-7         ND  ........        ND          2400
    5-Nitro-o-toluidine............................       99-55-8         ND  ........        ND          2400
    N-Nitrosodi-n-butylamine.......................      924-16-3         ND  ........        ND          2400
    N-Nitrosodiethylamine..........................       55-18-5         ND  ........        ND          2400
    N-Nitrosodiphenylamine, [Diphenylnitrosamine]..       86-30-6         ND  ........        ND          2400
    N-Nitroso-N-methylethylamine...................    10595-95-6         ND  ........        ND          2400
    N-Nitrosomorpholine............................       59-89-2         ND  ........        ND          2400
    N-Nitrosopiperidine............................      100-75-4         ND  ........        ND          2400
    N-Nitrosopyrrolidine...........................      930-55-2         ND  ........        ND          2400
    2-Nitropropane.................................       79-46-9         ND  ........        ND            30
    Parathion......................................       56-38-2         ND  ........        ND          2400
    Phenacetin.....................................       62-44-2         ND  ........        ND          2400
    1,4-Phenylene diamine, [p-Phenylenediamine]....      106-50-3         ND  ........        ND          2400
    N-Phenylthiourea...............................      103-85-5         ND  ........        ND            57
    2-Picoline [alpha-Picoline]....................      109-06-8         ND  ........        ND          2400
    Propylthioracil, [6-Propyl-2-thiouracil].......       51-52-5         ND  ........        ND           100
    Pyridine.......................................      110-86-1         ND  ........        ND          2400
    Strychnine.....................................       57-24-9         ND  ........        ND           100
    Thioacetamide..................................       62-55-5         ND  ........        ND            57
    Thiofanox......................................    39196-18-4         ND  ........        ND           100
    Thiourea.......................................       62-56-6         ND  ........        ND            57
    Toluene-2,4-diamine [2,4-Diaminotoluene].......       95-80-7         ND  ........        ND            57
    Toluene-2,6-diamine [2,6-Diaminotoluene].......      823-40-5         ND  ........        ND            57
    o-Toluidine....................................       95-53-4         ND  ........        ND          2400
    p-Toluidine....................................      106-49-0         ND  ........        ND           100
    1,3,5-Trinitrobenzene, [sym-Trinitobenzene]....       99-35-4         ND  ........        ND          2400
Halogenated Organic:
    Allyl chloride.................................      107-05-1         ND  ........        ND            39
    Aramite........................................      140-57-8         ND  ........        ND          2400
    Benzal chloride [Dichloromethyl benzene].......       98-87-3         ND  ........        ND           100

[[Page 78]]

 
    Benzyl chloride................................     100-44-77         ND  ........        ND           100
    bis(2-Chloroethyl)ether [Dichoroethyl ether]...      111-44-4         ND  ........        ND          2400
    Bromoform [Tribromomethane]....................       75-25-2         ND  ........        ND            39
    Bromomethane [Methyl bromide]..................       74-83-9         ND  ........        ND            39
    4-Bromophenyl phenyl ether [p-Bromo diphenyl         101-55-3         ND  ........        ND          2400
     ether]........................................
    Carbon tetrachloride...........................       56-23-5         ND  ........        ND            39
    Chlordane......................................       57-74-9         ND  ........        ND            14
    p-Chloroaniline................................      106-47-8         ND  ........        ND          2400
    Chlorobenzene..................................      108-90-7         ND  ........        ND            39
    Chlorobenzilate................................      510-15-6         ND  ........        ND          2400
    p-Chloro-m-cresol..............................       59-50-7         ND  ........        ND          2400
    2-Chloroethyl vinyl ether......................      110-75-8         ND  ........        ND            39
    Chloroform.....................................       67-66-3         ND  ........        ND            39
    Chloromethane [Methyl chloride]................       74-87-3         ND  ........        ND            39
    2-Chloronaphthalene [beta-Chloronaphthalene]...       91-58-7         ND  ........        ND          2400
    2-Chlorophenol [o-Chlorophenol]................       95-57-8         ND  ........        ND          2400
    Chloroprene [2-Chloro-1,3-butadiene]...........     1126-99-8         ND  ........        ND            39
    2,4-D [2,4-Dichlorophenoxyacetic acid].........       94-75-7         ND  ........        ND             7.0
    Diallate.......................................     2303-16-4         ND  ........        ND          2400
    1,2-Dibromo-3-chloropropane....................       96-12-8         ND  ........        ND            39
    1,2-Dichlorobenzene [o-Dichlorobenzene]........       95-50-1         ND  ........        ND          2400
    1,3-Dichlorobenzene [m-Dichlorobenzene]........      541-73-1         ND  ........        ND          2400
    1,4-Dichlorobenzene [p-Dichlorobenzene]........      106-46-7         ND  ........        ND          2400
    3,3'-Dichlorobenzidine.........................       91-94-1         ND  ........        ND          2400
    Dichlorodifluoromethane [CFC-12]...............       75-71-8         ND  ........        ND            39
    1,2-Dichloroethane [Ethylene dichloride].......      107-06-2         ND  ........        ND            39
    1,1-Dichloroethylene [Vinylidene chloride].....       75-35-4         ND  ........        ND            39
    Dichloromethoxy ethane [Bis(2-                       111-91-1         ND  ........        ND          2400
     chloroethoxy)methane..........................
    2,4-Dichlorophenol.............................      120-83-2         ND  ........        ND          2400
    2,6-Dichlorophenol.............................       87-65-0         ND  ........        ND          2400
    1,2-Dichloropropane [Propylene dichloride].....       78-87-5         ND  ........        ND            39
    cis-1,3-Dichloropropylene......................    10061-01-5         ND  ........        ND            39
    trans-1,3-Dichloropropylene....................    10061-02-6         ND  ........        ND            39
    1,3-Dichloro-2-propanol........................       96-23-1         ND  ........        ND            30
    Endosulfan I...................................      959-98-8         ND  ........        ND             1.4
    Endosulfan II..................................    33213-65-9         ND  ........        ND             1.4
    Endrin.........................................       72-20-8         ND  ........        ND             1.4
    Endrin aldehyde................................     7421-93-4         ND  ........        ND             1.4
    Endrin Ketone..................................    53494-70-5         ND  ........        ND             1.4
    Epichlorohydrin [1-Chloro-2,3-epoxy propane]...      106-89-8         ND  ........        ND            30
    Ethylidene dichloride [1,1-Dichloroethane].....       75-34-3         ND  ........        ND            39
    2-Fluoroacetamide..............................      640-19-7         ND  ........        ND           100
    Heptachlor.....................................       76-44-8         ND  ........        ND             1.4
    Heptachlor epoxide.............................     1024-57-3         ND  ........        ND             2.8
    Hexachlorobenzene..............................      118-74-1         ND  ........        ND          2400
    Hexachloro-1,3-butadiene [Hexachlorobutadiene].       87-68-3         ND  ........        ND          2400
    Hexachlorocyclopentadiene......................       77-47-4         ND  ........        ND          2400
    Hexachloroethane...............................       67-72-1         ND  ........        ND          2400
    Hexachlorophene................................       70-30-4         ND  ........        ND         59000
    Hexachloropropene [Hexachloropropylene]........     1888-71-7         ND  ........        ND          2400
    Isodrin........................................      465-73-6         ND  ........        ND          2400
    Kepone [Chlordecone]...........................      143-50-0         ND  ........        ND          4700
    Lindane [gamma-BHC] [gamma-                           58-89-9         ND  ........        ND             1.4
     Hexachlorocyclohexane]........................
    Methylene chloride [Dichloromethane]...........       75-09-2         ND  ........        ND            39
    4,4'-Methylene-bis(2-chloroaniline)............      101-14-4         ND  ........        ND           100
    Methyl iodide [Iodomethane]....................       74-88-4         ND  ........        ND            39
    Pentachlorobenzene.............................      608-93-5         ND  ........        ND          2400
    Pentachloroethane..............................       76-01-7         ND  ........        ND            39
    Pentachloronitrobenzene [PCNB] [Quintobenzene]        82-68-8         ND  ........        ND          2400
     [Quintozene]..................................
    Pentachlorophenol..............................       87-86-5         ND  ........        ND          2400
    Pronamide......................................    23950-58-5         ND  ........        ND          2400
    Silvex [2,4,5-Trichlorophenoxypropionic acid]..       93-72-1         ND  ........        ND             7.0
    2,3,7,8-Tetrachlorodibenzo-p-dioxin [2,3,7,8-       1746-01-6         ND  ........        ND            30
     TCDD].........................................
    1,2,4,5-Tetrachlorobenzene.....................       95-94-3         ND  ........        ND          2400
    1,1,2,2-Tetrachloroethane......................       79-34-5         ND  ........        ND            39
    Tetrachloroethylene [Perchloroethylene]........      127-18-4         ND  ........        ND            39

[[Page 79]]

 
    2,3,4,6-Tetrachlorophenol......................       58-90-2         ND  ........        ND          2400
    1,2,4-Trichlorobenzene.........................      120-82-1         ND  ........        ND          2400
    1,1,1-Trichloroethane [Methyl chloroform]......       71-55-6         ND  ........        ND            39
    1,1,2-Trichloroethane [Vinyl trichloride]......       79-00-5         ND  ........        ND            39
    Trichloroethylene..............................       79-01-6         ND  ........        ND            39
    Trichlorofluoromethane                                75-69-4         ND  ........        ND            39
     [Trichlormonofluoromethane]...................
    2,4,5-Trichlorophenol..........................       95-95-4         ND  ........        ND          2400
    2,4,6-Trichlorophenol..........................       88-06-2         ND  ........        ND          2400
    1,2,3-Trichloropropane.........................       96-18-4         ND  ........        ND            39
    Vinyl Chloride.................................       75-01-4         ND  ........        ND            39
----------------------------------------------------------------------------------------------------------------
Notes:
NA--Not Applicable.
ND--Nondetect.
\1\ 25 or individual halogenated organics listed below.

    (c) Implementation.--Waste that meets the comparable or syngas fuel 
specifications provided by paragraphs (a) or (b) of this section (these 
constituent levels must be achieved by the comparable fuel when 
generated, or as a result of treatment or blending, as provided in 
paragraphs (c)(3) or (4) of this section) is excluded from the 
definition of solid waste provided that the following requirements are 
met:
    (1) Notices--For purposes of this section, the person claiming and 
qualifying for the exclusion is called the comparable/syngas fuel 
generator and the person burning the comparable/syngas fuel is called 
the comparable/syngas burner. The person who generates the comparable 
fuel or syngas fuel must claim and certify to the exclusion.
    (i) State RCRA and CAA Directors in Authorized States or Regional 
RCRA and CAA Directors in Unauthorized States.--
    (A) The generator must submit a one-time notice to the Regional or 
State RCRA and CAA Directors, in whose jurisdiction the exclusion is 
being claimed and where the comparable/syngas fuel will be burned, 
certifying compliance with the conditions of the exclusion and providing 
documentation as required by paragraph (c)(1)(i)(C) of this section;
    (B) If the generator is a company that generates comparable/syngas 
fuel at more than one facility, the generator shall specify at which 
sites the comparable/syngas fuel will be generated;
    (C) A comparable/syngas fuel generator's notification to the 
Directors must contain the following items:
    (1) The name, address, and RCRA ID number of the person/facility 
claiming the exclusion;
    (2) The applicable EPA Hazardous Waste Codes for the hazardous 
waste;
    (3) Name and address of the units, meeting the requirements of 
paragraph (c)(2) of this section, that will burn the comparable/syngas 
fuel; and
    (4) The following statement is signed and submitted by the person 
claiming the exclusion or his authorized representative:

    Under penalty of criminal and civil prosecution for making or 
submitting false statements, representations, or omissions, I certify 
that the requirements of 40 CFR 261.38 have been met for all waste 
identified in this notification. Copies of the records and information 
required at 40 CFR 261.28(c)(10) are available at the comparable/syngas 
fuel generator's facility. Based on my inquiry of the individuals 
immediately responsible for obtaining the information, the information 
is, to the best of my knowledge and belief, true, accurate, and 
complete. I am aware that there are significant penalties for submitting 
false information, including the possibility of fine and imprisonment 
for knowing violations.

    (ii) Public notice.--Prior to burning an excluded comparable/syngas 
fuel, the burner must publish in a major

[[Page 80]]

newspaper of general circulation local to the site where the fuel will 
be burned, a notice entitled ``Notification of Burning a Comparable/
Syngas Fuel Excluded Under the Resource Conservation and Recovery Act'' 
containing the following information:
    (A) Name, address, and RCRA ID number of the generating facility;
    (B) Name and address of the unit(s) that will burn the comparable/
syngas fuel;
    (C) A brief, general description of the manufacturing, treatment, or 
other process generating the comparable/syngas fuel;
    (D) An estimate of the average and maximum monthly and annual 
quantity of the waste claimed to be excluded; and
    (E) Name and mailing address of the Regional or State Directors to 
whom the claim was submitted.
    (2) Burning.--The comparable/syngas fuel exclusion for fuels meeting 
the requirements of paragraphs (a) or (b) and (c)(1) of this section 
applies only if the fuel is burned in the following units that also 
shall be subject to Federal/State/local air emission requirements, 
including all applicable CAA MACT requirements:
    (i) Industrial furnaces as defined in Sec. 260.10 of this chapter;
    (ii) Boilers, as defined in Sec. 260.10 of this chapter, that are 
further defined as follows:
    (A) Industrial boilers located on the site of a facility engaged in 
a manufacturing process where substances are transformed into new 
products, including the component parts of products, by mechanical or 
chemical processes; or
    (B) Utility boilers used to produce electric power, steam, heated or 
cooled air, or other gases or fluids for sale;
    (iii) Hazardous waste incinerators subject to regulation under 
subpart O of parts 264 or 265 of this chapter or applicable CAA MACT 
standards.
    (3) Blending to meet the viscosity specification.--A hazardous waste 
blended to meet the viscosity specification shall:
    (i) As generated and prior to any blending, manipulation, or 
processing meet the constituent and heating value specifications of 
paragraphs (a)(1)(i) and (a)(2) of this section;
    (ii) Be blended at a facility that is subject to the applicable 
requirements of parts 264 and 265, or Sec. 262.34 of this chapter; and
    (iii) Not violate the dilution prohibition of paragraph (c)(6) of 
this chapter.
    (4) Treatment to meet the comparable fuel exclusion 
specifications.--(i) A hazardous waste may be treated to meet the 
exclusion specifications of paragraphs (a)(1) and (2) of this section 
provided the treatment:
    (A) Destroys or removes the constituent listed in the specification 
or raises the heating value by removing or destroying hazardous 
constituents or materials;
    (B) Is performed at a facility that is subject to the applicable 
requirements of parts 264 and 265, or Sec. 262.34 of this Chapter; and
    (C) Does not violate the dilution prohibition of paragraph (c)(6) of 
this seciton.
    (ii) Residuals resulting from the treatment of a hazardous waste 
listed in subpart D of this part to generate a comparable fuel remain a 
hazardous waste.
    (5) Generation of a syngas fuel.--(i) A syngas fuel can be generated 
from the processing of hazardous wastes to meet the exclusion 
specifications of paragraph (b) of this section provided the processing:
    (A) Destroys or removes the constituent listed in the specification 
or raises the heating value by removing or destroying constituents or 
materials;
    (B) Is performed at a facility that is subject to the applicable 
requirements of parts 264 and 265, or Sec. 262.34 of this chapter or is 
an exempt recycling unit pursuant to Sec. 261.6(c) of this chapter; and
    (C) Does not violate the dilution prohibition of paragraph (c)(6) of 
this chapter.
    (ii) Residuals resulting from the treatment of a hazardous waste 
listed in subpart D of this part to generate a syngas fuel remain a 
hazardous waste.
    (6) Dilution prohibition for comparable and syngas fuels.--No 
generator, transporter, handler, or owner or operator of

[[Page 81]]

a treatment, storage, or disposal facility shall in any way dilute a 
hazardous waste to meet the exclusion specifications of paragraph 
(a)(1)(i), (a)(2) or (b) of this section.
    (7) Waste analysis plans. The generator of a comparable/syngas fuel 
shall develop and follow a written waste analysis plan which describes 
the procedures for sampling and analysis of the hazardous waste to be 
excluded. The waste analysis plan shall be developed in accordance with 
the applicable sections of the ``Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods'' (SW-846). The plan shall be followed 
and retained at the facility excluding the waste.
    (i) At a minimum, the plan must specify:
    (A) The parameters for which each hazardous waste will be analyzed 
and the rationale for the selection of those parameters;
    (B) The test methods which will be used to test for these 
parameters;
    (C) The sampling method which will be used to obtain a 
representative sample of the waste to be analyzed;
    (D) The frequency with which the initial analysis of the waste will 
be reviewed or repeated to ensure that the analysis is accurate and up 
to date; and
    (E) If process knowledge is used in the waste determination, any 
information prepared by the generator in making such determination.
    (ii) The waste analysis plan shall also contain records of the 
following:
    (A) The dates and times waste samples were obtained, and the dates 
the samples were analyzed;
    (B) The names and qualifications of the person(s) who obtained the 
samples;
    (C) A description of the temporal and spatial locations of the 
samples;
    (D) The name and address of the laboratory facility at which 
analyses of the samples were performed;
    (E) A description of the analytical methods used, including any 
clean-up and sample preparation methods;
    (F) All quantitation limits achieved and all other quality control 
results for the analysis (including method blanks, duplicate analyses, 
matrix spikes, etc.), laboratory quality assurance data, and description 
of any deviations from analytical methods written in the plan or from 
any other activity written in the plan which occurred;
    (G) All laboratory results demonstrating that the exclusion 
specifications have been met for the waste; and
    (H) All laboratory documentation that support the analytical 
results, unless a contract between the claimant and the laboratory 
provides for the documentation to be maintained by the laboratory for 
the period specified in paragraph (c)(11) of this section and also 
provides for the availability of the documentation to the claimant upon 
request.
    (iii) Syngas fuel generators shall submit for approval, prior to 
performing sampling, analysis, or any management of a syngas fuel as an 
excluded waste, a waste analysis plan containing the elements of 
paragraph (c)(7)(i) of this section to the appropriate regulatory 
authority. The approval of waste analysis plans must be stated in 
writing and received by the facility prior to sampling and analysis to 
demonstrate the exclusion of a syngas. The approval of the waste 
analysis plan may contain such provisions and conditions as the 
regulatory authority deems appropriate.
    (8) Comparable fuel sampling and analysis. (i) General. For each 
waste for which an exclusion is claimed, the generator of the hazardous 
waste must test for all the constituents on appendix VIII to this part, 
except those that the generator determines, based on testing or 
knowledge, should not be present in the waste. The generator is required 
to document the basis of each determination that a constituent should 
not be present. The generator may not determine that any of the 
following categories of constituents should not be present:
    (A) A constituent that triggered the toxicity characteristic for the 
waste constituents that were the basis of the listing of the waste 
stream, or constituents for which there is a treatment standard for the 
waste code in 40 CFR 268.40;
    (B) A constituent detected in previous analysis of the waste;
    (C) Constituents introduced into the process that generates the 
waste; or

[[Page 82]]

    (D) Constituents that are byproducts or side reactions to the 
process that generates the waste.

    Note to paragraph (c)(8): ,Any claim under this section must be 
valid and accurate for all hazardous constituents; a determination not 
to test for a hazardous constituent will not shield a generator from 
liability should that constituent later be found in the waste above the 
exclusion specifications.

    (ii) For each waste for which the exclusion is claimed where the 
generator of the comparable/syngas fuel is not the original generator of 
the hazardous waste, the generator of the comparable/syngas fuel may not 
use process knowledge pursuant to paragraph (c)(8)(i) of this section 
and must test to determine that all of the constituent specifications of 
paragraphs (a)(2) and (b) of this section have been met.
    (iii) The comparable/syngas fuel generator may use any reliable 
analytical method to demonstrate that no constituent of concern is 
present at concentrations above the specification levels. It is the 
responsibility of the generator to ensure that the sampling and analysis 
are unbiased, precise, and representative of the waste. For the waste to 
be eligible for exclusion, a generator must demonstrate that:
    (A) Each constituent of concern is not present in the waste above 
the specification level at the 95% upper confidence limit around the 
mean; and
    (B) The analysis could have detected the presence of the constituent 
at or below the specification level at the 95% upper confidence limit 
around the mean.
    (iv) Nothing in this paragraph preempts, overrides or otherwise 
negates the provision in Sec. 262.11 of this chapter, which requires any 
person who generates a solid waste to determine if that waste is a 
hazardous waste.
    (v) In an enforcement action, the burden of proof to establish 
conformance with the exclusion specification shall be on the generator 
claiming the exclusion.
    (vi) The generator must conduct sampling and analysis in accordance 
with their waste analysis plan developed under paragraph (c)(7) of this 
section.
    (vii) Syngas fuel and comparable fuel that has not been blended in 
order to meet the kinematic viscosity specifications shall be analyzed 
as generated.
    (viii) If a comparable fuel is blended in order to meet the 
kinematic viscosity specifications, the generator shall:
    (A) Analyze the fuel as generated to ensure that it meets the 
constituent and heating value specifications; and
    (B) After blending, analyze the fuel again to ensure that the 
blended fuel continues to meet all comparable/syngas fuel 
specifications.
    (ix) Excluded comparable/syngas fuel must be re-tested, at a 
minimum, annually and must be retested after a process change that could 
change the chemical or physical properties of the waste.
    (9) Speculative accumulation. Any persons handling a comparable/
syngas fuel are subject to the speculative accumulation test under 
Sec. 261.2(c)(4) of this chapter.
    (10) Records. The generator must maintain records of the following 
information on-site:
    (i) All information required to be submitted to the implementing 
authority as part of the notification of the claim:
    (A) The owner/operator name, address, and RCRA facility ID number of 
the person claiming the exclusion;
    (B) The applicable EPA Hazardous Waste Codes for each hazardous 
waste excluded as a fuel; and
    (C) The certification signed by the person claiming the exclusion or 
his authorized representative.
    (ii) A brief description of the process that generated the hazardous 
waste and process that generated the excluded fuel, if not the same;
    (iii) An estimate of the average and maximum monthly and annual 
quantities of each waste claimed to be excluded;
    (iv) Documentation for any claim that a constituent is not present 
in the hazardous waste as required under paragraph (c)(8)(i) of this 
section;
    (v) The results of all analyses and all detection limits achieved as 
required under paragraph (c)(8) of this section;
    (vi) If the excluded waste was generated through treatment or 
blending, documentation as required under paragraph (c)(3) or (4) of 
this section;

[[Page 83]]

    (vii) If the waste is to be shipped off-site, a certification from 
the burner as required under paragraph (c)(12) of this section;
    (viii) A waste analysis plan and the results of the sampling and 
analysis that includes the following:
    (A) The dates and times waste samples were obtained, and the dates 
the samples were analyzed;
    (B) The names and qualifications of the person(s) who obtained the 
samples;
    (C) A description of the temporal and spatial locations of the 
samples;
    (D) The name and address of the laboratory facility at which 
analyses of the samples were performed;
    (E) A description of the analytical methods used, including any 
clean-up and sample preparation methods;
    (F) All quantitation limits achieved and all other quality control 
results for the analysis (including method blanks, duplicate analyses, 
matrix spikes, etc.), laboratory quality assurance data, and description 
of any deviations from analytical methods written in the plan or from 
any other activity written in the plan which occurred;
    (G) All laboratory analytical results demonstrating that the 
exclusion specifications have been met for the waste; and
    (H) All laboratory documentation that support the analytical 
results, unless a contract between the claimant and the laboratory 
provides for the documentation to be maintained by the laboratory for 
the period specified in paragraph (c)(11) of this section and also 
provides for the availability of the documentation to the claimant upon 
request; and
    (ix) If the generator ships comparable/syngas fuel off-site for 
burning, the generator must retain for each shipment the following 
information on-site:
    (A) The name and address of the facility receiving the comparable/
syngas fuel for burning;
    (B) The quantity of comparable/syngas fuel shipped and delivered;
    (C) The date of shipment or delivery;
    (D) A cross-reference to the record of comparable/syngas fuel 
analysis or other information used to make the determination that the 
comparable/syngas fuel meets the specifications as required under 
paragraph (c)(8) of this section; and
    (E) A one-time certification by the burner as required under 
paragraph (c)(12) of this section.
    (11) Records retention. Records must be maintained for the period of 
three years. A generator must maintain a current waste analysis plan 
during that three year period.
    (12) Burner certification. Prior to submitting a notification to the 
State and Regional Directors, a comparable/syngas fuel generator who 
intends to ship their fuel off-site for burning must obtain a one-time 
written, signed statement from the burner:
    (i) Certifying that the comparable/syngas fuel will only be burned 
in an industrial furnace or boiler, utility boiler, or hazardous waste 
incinerator, as required under paragraph (c)(2) of this section;
    (ii) Identifying the name and address of the units that will burn 
the comparable/syngas fuel; and
    (iii) Certifying that the state in which the burner is located is 
authorized to exclude wastes as comparable/syngas fuel under the 
provisions of this section.
    (13) Ineligible waste codes. Wastes that are listed because of 
presence of dioxins or furans, as set out in Appendix VII of this part, 
are not eligible for this exclusion, and any fuel produced from or 
otherwise containing these wastes remains a hazardous waste subject to 
full RCRA hazardous waste management requirements.

[63 FR 33823, June 19, 1998, as amended at 64 FR 53070, Sept. 30, 1999; 
64 FR 63213, Nov. 19, 1999]

                         Appendices to Part 261

         Appendix I to Part 261--Representative Sampling Methods

    The methods and equipment used for sampling waste materials will 
vary with the form and consistency of the waste materials to be sampled. 
Samples collected using the sampling protocols listed below, for 
sampling waste with properties similar to the indicated materials, will 
be considered by the Agency to be representative of the waste.
Extremely viscous liquid--ASTM Standard D140-70 Crushed or powdered 
material--ASTM Standard D346-75 Soil or rock-like

[[Page 84]]

material--ASTM Standard D420-69 Soil-like material--ASTM Standard D1452-
65
Fly Ash-like material--ASTM Standard D2234-76 [ASTM Standards are 
available from ASTM, 1916 Race St., Philadelphia, PA 19103]
Containerized liquid wastes--``COLIWASA'' 
described in ``Test Methods for the Evaluation of Solid Waste, Physical/
Chemical Methods,'' 1a U.S. Environmental Protection Agency, 
Office of Solid Waste, Washington, DC 20460. [Copies may be obtained 
from Solid Waste Information, U.S. Environmental Protection Agency, 26 
W. St. Clair St., Cincinnati, Ohio 45268]
---------------------------------------------------------------------------

    1a These methods are also described in ``Samplers and 
Sampling Procedures for Hazardous Waste Streams,'' EPA 600/2-80-018, 
January 1980.
---------------------------------------------------------------------------

Liquid waste in pits, ponds, lagoons, and similar reservoirs.--``Pond 
Sampler'' described in ``Test Methods for the Evaluation of Solid Waste, 
Physical/Chemical Methods.'' 1a
    This manual also contains additional information on 
application of these protocols.

 Appendix II to Part 261--Method 1311 Toxicity Characteristic Leaching 
                            Procedure (TCLP)

    Note:
    The TCLP (Method 1311) is published in ``Test Methods for Evaluating 
Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, as 
incorporated by reference in Sec. 260.11 of this chapter.

[58 FR 46049, Aug. 31, 1993]

        Appendix III to Part 261--Chemical Analysis Test Methods

    Note:
    Appropriate analytical procedures to determine whether a sample 
contains a given toxic constituent are specified in Chapter Two, 
``Choosing the Correct Procedure'' found in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in Sec. 260.11 of this chapter. Prior 
to final sampling and analysis method selection, the individual should 
consult the specific section or method described in SW-846 for 
additional guidance on which of the approved methods should be employed 
for a specific sample analysis situation.

[58 FR 46049, Aug. 31, 1993]

 Appendix IV to Part 261--[Reserved for Radioactive Waste Test Methods]

    Appendix V to Part 261--[Reserved for Infectious Waste Treatment 
                             Specifications]

        Appendix VI to Part 261--[Reserved for Etiologic Agents]

       Appendix VII to Part 261--Basis for Listing Hazardous Waste

------------------------------------------------------------------------
                                     Hazardous constituents for which
     EPA hazardous waste No.                      listed
------------------------------------------------------------------------
F001............................  Tetrachloroethylene, methylene
                                   chloride trichloroethylene, 1,1,1-
                                   trichloroethane, carbon
                                   tetrachloride, chlorinated
                                   fluorocarbons.
F002............................  Tetrachloroethylene, methylene
                                   chloride, trichloroethylene, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane, chlorobenzene, 1,1,2-
                                   trichloro-1,2,2-trichfluoroethane,
                                   ortho-dichlorobenzene,
                                   trichlorofluoromethane.
F003............................  N.A.
F004............................  Cresols and cresylic acid,
                                   nitrobenzene.
F005............................  Toluene, methyl ethyl ketone, carbon
                                   disulfide, isobutanol, pyridine, 2-
                                   ethoxyethanol, benzene, 2-
                                   nitropropane.
F006............................  Cadmium, hexavalent chromium, nickel,
                                   cyanide (complexed).
F007............................  Cyanide (salts).
F008............................  Cyanide (salts).
F009............................  Cyanide (salts).
F010............................  Cyanide (salts).
F011............................  Cyanide (salts).
F012............................  Cyanide (complexed).
F019............................  Hexavalent chromium, cyanide
                                   (complexed).
F020............................  Tetra- and pentachlorodibenzo-p-
                                   dioxins; tetra and pentachlorodi-
                                   benzofurans; tri- and
                                   tetrachlorophenols and their
                                   chlorophenoxy derivative acids,
                                   esters, ethers, amine and other
                                   salts.
F021............................  Penta- and hexachlorodibenzo-p-
                                   dioxins; penta- and
                                   hexachlorodibenzofurans;
                                   pentachlorophenol and its
                                   derivatives.
F022............................  Tetra-, penta-, and hexachlorodibenzo-
                                   p-dioxins; tetra-, penta-, and
                                   hexachlorodibenzofurans.
F023............................  Tetra-, and pentachlorodibenzo-p-
                                   dioxins; tetra- and
                                   pentachlorodibenzofurans; tri- and
                                   tetrachlorophenols and their
                                   chlorophenoxy derivative acids,
                                   esters, ethers, amine and other
                                   salts.

[[Page 85]]

 
F024............................  Chloromethane, dichloromethane,
                                   trichloromethane, carbon
                                   tetrachloride, chloroethylene, 1,1-
                                   dichloroethane, 1,2-dichloroethane,
                                   trans-1-2-dichloroethylene, 1,1-
                                   dichloroethylene, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane, trichloroethylene,
                                   1,1,1,2-tetra-chloroethane, 1,1,2,2-
                                   tetrachloroethane,
                                   tetrachloroethylene,
                                   pentachloroethane, hexachloroethane,
                                   allyl chloride (3-chloropropene),
                                   dichloropropane, dichloropropene, 2-
                                   chloro-1,3-butadiene, hexachloro-1,3-
                                   butadiene, hexachlorocyclopentadiene,
                                   hexachlorocyclohexane, benzene,
                                   chlorbenzene, dichlorobenzenes, 1,2,4-
                                   trichlorobenzene, tetrachlorobenzene,
                                   pentachlorobenzene,
                                   hexachlorobenzene, toluene,
                                   naphthalene.
F025............................  Chloromethane; Dichloromethane;
                                   Trichloromethane; Carbon
                                   tetrachloride; Chloroethylene; 1,1-
                                   Dichloroethane; 1,2-Dichloroethane;
                                   trans-1,2-Dichloroethylene; 1,1-
                                   Dichloroethylene; 1,1,1-
                                   Trichloroethane; 1,1,2-
                                   Trichloroethane; Trichloroethylene;
                                   1,1,1,2-Tetrachloroethane; 1,1,2,2-
                                   Tetrachloroethane;
                                   Tetrachloroethylene;
                                   Pentachloroethane; Hexachloroethane;
                                   Allyl chloride (3-Chloropropene);
                                   Dichloropropane; Dichloropropene; 2-
                                   Chloro-1,3-butadiene; Hexachloro-1,3-
                                   butadiene; Hexachlorocyclopentadiene;
                                   Benzene; Chlorobenzene;
                                   Dichlorobenzene; 1,2,4-
                                   Trichlorobenzene; Tetrachlorobenzene;
                                   Pentachlorobenzene;
                                   Hexachlorobenzene; Toluene;
                                   Naphthalene.
F026............................  Tetra-, penta-, and hexachlorodibenzo-
                                   p-dioxins; tetra-, penta-, and
                                   hexachlorodibenzofurans.
F027............................  Tetra-, penta-, and hexachlorodibenzo-
                                   p- dioxins; tetra-, penta-, and
                                   hexachlorodibenzofurans; tri-, tetra-
                                   , and pentachlorophenols and their
                                   chlorophenoxy derivative acids,
                                   esters, ethers, amine and other
                                   salts.
F028............................  Tetra-, penta-, and hexachlorodibenzo-
                                   p- dioxins; tetra-, penta-, and
                                   hexachlorodibenzofurans; tri-, tetra-
                                   , and pentachlorophenols and their
                                   chlorophenoxy derivative acids,
                                   esters, ethers, amine and other
                                   salts.
F032............................  Benz(a)anthracene, benzo(a)pyrene,
                                   dibenz(a,h)-anthracene, indeno(1,2,3-
                                   cd)pyrene, pentachlorophenol,
                                   arsenic, chromium, tetra-, penta-,
                                   hexa-, heptachlorodibenzo-p-dioxins,
                                   tetra-, penta-, hexa-,
                                   heptachlorodibenzofurans.
F034............................  Benz(a)anthracene,
                                   benzo(k)fluoranthene, benzo(a)pyrene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene, naphthalene, arsenic,
                                   chromium.
F035............................  Arsenic, chromium, lead.
F037............................  Benzene, benzo(a)pyrene, chrysene,
                                   lead, chromium.
F038............................  Benzene, benzo(a)pyrene chrysene,
                                   lead, chromium.
F039............................  All constituents for which treatment
                                   standards are specified for multi-
                                   source leachate (wastewaters and
                                   nonwastewaters) under 40 CFR
                                   268.43(a), Table CCW.
K001............................  Pentachlorophenol, phenol, 2-
                                   chlorophenol, p-chloro-m-cresol, 2,4-
                                   dimethylphenyl, 2,4-dinitrophenol,
                                   trichlorophenols, tetrachlorophenols,
                                   2,4-dinitrophenol, cresosote,
                                   chrysene, naphthalene, fluoranthene,
                                   benzo(b)fluoranthene, benzo(a)pyrene,
                                   indeno(1,2,3-cd)pyrene,
                                   benz(a)anthracene,
                                   dibenz(a)anthracene, acenaphthalene.
K002............................  Hexavalent chromium, lead
K003............................  Hexavalent chromium, lead.
K004............................  Hexavalent chromium.
K005............................  Hexavalent chromium, lead.
K006............................  Hexavalent chromium.
K007............................  Cyanide (complexed), hexavalent
                                   chromium.
K008............................  Hexavalent chromium.
K009............................  Chloroform, formaldehyde, methylene
                                   chloride, methyl chloride,
                                   paraldehyde, formic acid.
K010............................  Chloroform, formaldehyde, methylene
                                   chloride, methyl chloride,
                                   paraldehyde, formic acid,
                                   chloroacetaldehyde.
K011............................  Acrylonitrile, acetonitrile,
                                   hydrocyanic acid.
K013............................  Hydrocyanic acid, acrylonitrile,
                                   acetonitrile.
K014............................  Acetonitrile, acrylamide.
K015............................  Benzyl chloride, chlorobenzene,
                                   toluene, benzotrichloride.
K016............................  Hexachlorobenzene,
                                   hexachlorobutadiene, carbon
                                   tetrachloride, hexachloroethane,
                                   perchloroethylene.
K017............................  Epichlorohydrin, chloroethers
                                   [bis(chloromethyl) ether and bis (2-
                                   chloroethyl) ethers],
                                   trichloropropane, dichloropropanols.
K018............................  1,2-dichloroethane, trichloroethylene,
                                   hexachlorobutadiene,
                                   hexachlorobenzene.
K019............................  Ethylene dichloride, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane, tetrachloroethanes
                                   (1,1,2,2-tetrachloroethane and
                                   1,1,1,2-tetrachloroethane),
                                   trichloroethylene,
                                   tetrachloroethylene, carbon
                                   tetrachloride, chloroform, vinyl
                                   chloride, vinylidene chloride.
K020............................  Ethylene dichloride, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane, tetrachloroethanes
                                   (1,1,2,2-tetrachloroethane and
                                   1,1,1,2-tetrachloroethane),
                                   trichloroethylene,
                                   tetrachloroethylene, carbon
                                   tetrachloride, chloroform, vinyl
                                   chloride, vinylidene chloride.
K021............................  Antimony, carbon tetrachloride,
                                   chloroform.
K022............................  Phenol, tars (polycyclic aromatic
                                   hydrocarbons).
K023............................  Phthalic anhydride, maleic anhydride.
K024............................  Phthalic anhydride, 1,4-
                                   naphthoquinone.
K025............................  Meta-dinitrobenzene, 2,4-
                                   dinitrotoluene.
K026............................  Paraldehyde, pyridines, 2-picoline.
K027............................  Toluene diisocyanate, toluene-2, 4-
                                   diamine.
K028............................  1,1,1-trichloroethane, vinyl chloride.
K029............................  1,2-dichloroethane, 1,1,1-
                                   trichloroethane, vinyl chloride,
                                   vinylidene chloride, chloroform.
K030............................  Hexachlorobenzene,
                                   hexachlorobutadiene,
                                   hexachloroethane, 1,1,1,2-
                                   tetrachloroethane, 1,1,2,2-
                                   tetrachloroethane, ethylene
                                   dichloride.
K031............................  Arsenic.
K032............................  Hexachlorocyclopentadiene.
K033............................  Hexachlorocyclopentadiene.
K034............................  Hexachlorocyclopentadiene.
K035............................  Creosote, chrysene, naphthalene,
                                   fluoranthene benzo(b) fluoranthene,
                                   benzo(a)pyrene, indeno(1,2,3-cd)
                                   pyrene, benzo(a)anthracene,
                                   dibenzo(a)anthracene, acenaphthalene.
K036............................  Toluene, phosphorodithioic and
                                   phosphorothioic acid esters.
K037............................  Toluene, phosphorodithioic and
                                   phosphorothioic acid esters.

[[Page 86]]

 
K038............................  Phorate, formaldehyde,
                                   phosphorodithioic and phosphorothioic
                                   acid esters.
K039............................  Phosphorodithioic and phosphorothioic
                                   acid esters.
K040............................  Phorate, formaldehyde,
                                   phosphorodithioic and phosphorothioic
                                   acid esters.
K041............................  Toxaphene.
K042............................  Hexachlorobenzene, ortho-
                                   dichlorobenzene.
K043............................  2,4-dichlorophenol, 2,6-
                                   dichlorophenol, 2,4,6-
                                   trichlorophenol.
K044............................  N.A.
K045............................  N.A.
K046............................  Lead.
K047............................  N.A.
K048............................  Hexavalent chromium, lead.
K049............................  Hexavalent chromium, lead.
K050............................  Hexavalent chromium.
K051............................  Hexavalent chromium, lead.
K052............................  Lead.
K060............................  Cyanide, napthalene, phenolic
                                   compounds, arsenic.
K061............................  Hexavalent chromium, lead, cadmium.
K062............................  Hexavalent chromium, lead.
K064............................  Lead, cadmium.
K065............................      Do.
K066............................      Do.
K069............................  Hexavalent chromium, lead, cadmium.
K071............................  Mercury.
K073............................  Chloroform, carbon tetrachloride,
                                   hexacholroethane, trichloroethane,
                                   tetrachloroethylene,
                                   dichloroethylene, 1,1,2,2-
                                   tetrachloroethane.
K083............................  Aniline, diphenylamine, nitrobenzene,
                                   phenylenediamine.
K084............................  Arsenic.
K085............................  Benzene, dichlorobenzenes,
                                   trichlorobenzenes,
                                   tetrachlorobenzenes,
                                   pentachlorobenzene,
                                   hexachlorobenzene, benzyl chloride.
K086............................  Lead, hexavalent chromium.
K087............................  Phenol, naphthalene.
K088............................  Cyanide (complexes).
K090............................  Chromium.
K091............................      Do.
K093............................  Phthalic anhydride, maleic anhydride.
K094............................  Phthalic anhydride.
K095............................  1,1,2-trichloroethane, 1,1,1,2-
                                   tetrachloroethane, 1,1,2,2-
                                   tetrachloroethane.
K096............................  1,2-dichloroethane, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane.
K097............................  Chlordane, heptachlor.
K098............................  Toxaphene.
K099............................  2,4-dichlorophenol, 2,4,6-
                                   trichlorophenol.
K100............................  Hexavalent chromium, lead, cadmium.
K101............................  Arsenic.
K102............................  Arsenic.
K103............................  Aniline, nitrobenzene,
                                   phenylenediamine.
K104............................  Aniline, benzene, diphenylamine,
                                   nitrobenzene, phenylenediamine.
K105............................  Benzene, monochlorobenzene,
                                   dichlorobenzenes, 2,4,6-
                                   trichlorophenol.
K106............................  Mercury.
K107............................  1,1-Dimethylhydrazine (UDMH).
K108............................  1,1-Dimethylhydrazine (UDMH).
K109............................  1,1-Dimethylhydrazine (UDMH).
K110............................  1,1-Dimethylhydrazine (UDMH).
K111............................  2,4-Dinitrotoluene.
K112............................  2,4-Toluenediamine, o-toluidine, p-
                                   toluidine, aniline.
K113............................  2,4-Toluenediamine, o-toluidine, p-
                                   toluidine, aniline.
K114............................  2,4-Toluenediamine, o-toluidine, p-
                                   toluidine.
K115............................  2,4-Toluenediamine.
K116............................  Carbon tetrachloride,
                                   tetrachloroethylene, chloroform,
                                   phosgene.
K117............................  Ethylene dibromide.
K118............................  Ethylene dibromide.
K123............................  Ethylene thiourea.
K124............................  Ethylene thiourea.
K125............................  Ethylene thiourea.
K126............................  Ethylene thiourea.
K131............................  Dimethyl sulfate, methyl bromide.
K132............................  Methyl bromide.
K136............................  Ethylene dibromide.
K141............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene, benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene.
K142............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene, benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene.
K143............................  Benzene, benz(a)anthracene,
                                   benzo(b)fluoranthene,
                                   benzo(k)fluoranthene.
K144............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene, benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene.
K145............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene,
                                   dibenz(a,h)anthracene, naphthalene.
K147............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene, benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene.
K148............................  Benz(a)anthracene, benzo(a)pyrene,
                                   benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene.
K149............................  Benzotrichloride, benzyl chloride,
                                   chloroform, chloromethane,
                                   chlorobenzene, 1,4-dichlorobenzene,
                                   hexachlorobenzene,
                                   pentachlorobenzene, 1,2,4,5-
                                   tetrachlorobenzene, toluene.
K150............................  Carbon tetrachloride, chloroform,
                                   chloromethane, 1,4-dichlorobenzene,
                                   hexachlorobenzene,
                                   pentachlorobenzene, 1,2,4,5-
                                   tetrachlorobenzene, 1,1,2,2-
                                   tetrachloroethane,
                                   tetrachloroethylene, 1,2,4-
                                   trichlorobenzene.
K151............................  Benzene, carbon tetrachloride,
                                   chloroform, hexachlorobenzene,
                                   pentachlorobenzene, toluene, 1,2,4,5-
                                   tetrachlorobenzene,
                                   tetrachloroethylene.
K156............................  Benomyl, carbaryl, carbendazim,
                                   carbofuran, carbosulfan,
                                   formaldehyde, methylene chloride,
                                   triethylamine.
K157............................  Carbon tetrachloride, formaldehyde,
                                   methyl chloride, methylene chloride,
                                   pyridine, triethylamine.
K158............................  Benomyl, carbendazim, carbofuran,
                                   carbosulfan, chloroform, methylene
                                   chloride.
K159............................  Benzene, butylate, eptc, molinate,
                                   pebulate, vernolate.
K161............................  Antimony, arsenic, metam-sodium,
                                   ziram.
K169............................  Benzene.
K170............................  Benzo(a)pyrene, dibenz(a,h)anthracene,
                                   benzo (a) anthracene, benzo
                                   (b)fluoranthene,
                                   benzo(k)fluoranthene, 3-
                                   methylcholanthrene, 7, 12-
                                   dimethylbenz(a)anthracene.
K171............................  Benzene, arsenic.
K172............................  Benzene, arsenic.
------------------------------------------------------------------------
N.A.--Waste is hazardous because it fails the test for the
  characteristic of ignitability, corrosivity, or reactivity.


[46 FR 4619, Jan. 16, 1981]

    Editorial Note: For Federal Register citations affecting Appendix 
VII, part 261, see

[[Page 87]]

the List of CFR Sections Affected in the Finding Aids section of this 
volume.
            Appendix VIII to Part 261--Hazardous Constituents

----------------------------------------------------------------------------------------------------------------
                                                                                       Chemical       Hazardous
                Common name                        Chemical abstracts name          abstracts No.     waste No.
----------------------------------------------------------------------------------------------------------------
A2213......................................  Ethanimidothioic acid, 2-                   30558-43-1         U394
                                              (dimethylamino) -N-hydroxy-2-oxo-,
                                              methyl ester.
Acetonitrile...............................  Same...............................            75-05-8         U003
Acetophenone...............................  Ethanone, 1-phenyl-................            98-86-2         U004
2-Acetylaminefluarone......................  Acetamide, N-9H-fluoren-2-yl-......            53-96-3         U005
Acetyl chloride............................  Same...............................            75-36-5         U006
1-Acetyl-2-thiourea........................  Acetamide, N-(aminothioxomethyl)-..           591-08-2         P002
Acrolein...................................  2-Propenal.........................           107-02-8         P003
Acrylamide.................................  2-Propenamide......................            79-06-1         U007
Acrylonitrile..............................  2-Propenenitrile...................           107-13-1         U009
Aflatoxins.................................  Same...............................          1402-68-2  ...........
Aldicarb...................................  Propanal, 2-methyl-2-(methylthio)-,           116-06-3         P070
                                              O-[(methylamino)carbonyl]oxime.
Aldicarb sulfone...........................  Propanal, 2-methyl-2-                        1646-88-4         P203
                                              (methylsulfonyl) -, O-
                                              [(methylamino) carbonyl] oxime.
Aldrin.....................................  1,4,5,8-Dimethanonaphthalene,                 309-00-2         P004
                                              1,2,3,4,10,10-10-hexachloro-
                                              1,4,4a,5,8,8a-hexahydro-,
                                              (1alpha,4alpha,4abeta,5alpha,8alph
                                              a, 8abeta)-.
Allyl alcohol..............................  2-Propen-1-ol......................           107-18-6         P005
Allyl chloride.............................  1-Propane, 3-chloro................           107-18-6  ...........
Aluminum phosphide.........................  Same...............................         20859-73-8         P006
4-Aminobiphenyl............................  [1,1'-Biphenyl]-4-amine............            92-67-1  ...........
5-(Aminomethyl)-3-isoxazolol...............  3(2H)-Isoxazolone, 5-(aminomethyl)-          2763-96-4         P007
4-Aminopyridine............................  4-Pyridinamine.....................           504-24-5         P008
Amitrole...................................  1H-1,2,4-Triazol-3-amine...........            61-82-5         U011
Ammonium vanadate..........................  Vanadic acid, ammonium salt........          7803-55-6         P119
Aniline....................................  Benzenamine........................            62-53-3         U012
Antimony...................................  Same...............................          7440-36-0  ...........
Antimony compounds, N.O.S. \1\.............  ...................................  .................  ...........
Aramite....................................  Sulfurous acid, 2-chloroethyl 2-[4-           140-57-8  ...........
                                              (1,1-dimethylethyl)phenoxy]-1-
                                              methylethyl ester.
Arsenic....................................  Same...............................          7440-38-2  ...........
Arsenic compounds, N.O.S. \1\..............  ...................................  .................  ...........
Arsenic acid...............................  Arsenic acid H3 AsO4...............          7778-39-4         P010
Arsenic pentoxide..........................  Arsenic oxide As2 O5...............          1303-28-2         P011
Arsenic trioxide...........................  Arsenic oxide As2 O3...............          1327-53-3         P012
Auramine...................................  Benzenamine, 4,4'-                            492-80-8         U014
                                              carbonimidoylbis[N,N-dimethyl.
Azaserine..................................  L-Serine, diazoacetate (ester).....           115-02-6         U015
Barban.....................................  Carbamic acid, (3-chlorophenyl) -,            101-27-9         U280
                                              4-chloro-2-butynyl ester.
Barium.....................................  Same...............................          7440-39-3  ...........
Barium compounds, N.O.S. \1\...............  ...................................  .................  ...........
Barium cyanide.............................  Same...............................           542-62-1         P013
Bendiocarb.................................  1,3-Benzodioxol-4-ol, 2,2-dimethyl-         22781-23-3         U278
                                              , methyl carbamate.
Bendiocarb phenol..........................  1,3-Benzodioxol-4-ol, 2,2-dimethyl-         22961-82-6         U364
                                              ,.
Benomyl....................................  Carbamic acid, [1- [(butylamino)            17804-35-2         U271
                                              carbonyl]- 1H-benzimidazol-2-yl] -
                                              , methyl ester.
Benz[c]acridine............................  Same...............................           225-51-4         U016
Benz[a]anthracene..........................  Same...............................            56-55-3         U018
Benzal chloride............................  Benzene, (dichloromethyl)-.........            98-87-3         U017
Benzene....................................  Same...............................            71-43-2         U019
Benzenearsonic acid........................  Arsonic acid, phenyl-..............            98-05-5  ...........
Benzidine..................................  [1,1'-Biphenyl]-4,4 \1\-diamine....            92-87-5         U021
Benzo[b]fluoranthene.......................  Benz[e]acephenanthrylene...........           205-99-2  ...........
Benzo[j]fluoranthene.......................  Same...............................           205-82-3  ...........
Benzo(k)fluoranthene.......................  Same...............................           207-08-9  ...........
Benzo[a]pyrene.............................  Same...............................            50-32-8         U022
p-Benzoquinone.............................  2,5-Cyclohexadiene-1,4-dione.......           106-51-4         U197
Benzotrichloride...........................  Benzene, (trichloromethyl)-........            98-07-7         U023
Benzyl chloride............................  Benzene, (chloromethyl)-...........           100-44-7         P028
Beryllium powder...........................  Same...............................          7440-41-7         P015
Beryllium compounds, N.O.S. \1\............  ...................................  .................  ...........
Bis(pentamethylene)-thiuram tetrasulfide...  Piperidine, 1,1'-                             120-54-7  ...........
                                              (tetrathiodicarbonothioyl)-bis-.
Bromoacetone...............................  2-Propanone, 1-bromo-..............           598-31-2         P017

[[Page 88]]

 
Bromoform..................................  Methane, tribromo-.................            75-25-2         U225
4-Bromophenyl phenyl ether.................  Benzene, 1-bromo-4-phenoxy-........           101-55-3         U030
Brucine....................................  Strychnidin-10-one, 2,3-dimethoxy-.           357-57-3         P018
Butyl benzyl phthalate.....................  1,2-Benzenedicarboxylic acid, butyl            85-68-7  ...........
                                              phenylmethyl ester.
Butylate...................................  Carbamothioic acid, bis(2-                   2008-41-5  ...........
                                              methylpropyl)-, S-ethyl ester.
Cacodylic acid.............................  Arsinic acid, dimethyl-............            75-60-5         U136
Cadmium....................................  Same...............................          7440-43-9  ...........
Cadmium compounds, N.O.S. \1\..............  ...................................  .................  ...........
Calcium chromate...........................  Chromic acid H2 CrO4, calcium salt.         13765-19-0         U032
Calcium cyanide............................  Calcium cyanide Ca(CN)2............           592-01-8         P021
Carbaryl...................................  1-Naphthalenol, methylcarbamate....            63-25-2         U279
Carbendazim................................  Carbamic acid, 1H-benzimidazol-2-           10605-21-7         U372
                                              yl, methyl ester.
Carbofuran.................................  7-Benzofuranol, 2,3-dihydro-2,2-             1563-66-2         P127
                                              dimethyl-, methylcarbamate.
Carbofuran phenol..........................  7-Benzofuranol, 2,3-dihydro-2,2-             1563-38-8         U367
                                              dimethyl-.
Carbon disulfide...........................  Same...............................            75-15-0         P022
Carbon oxyfluoride.........................  Carbonic difluoride................           353-50-4         U033
Carbon tetrachloride.......................  Methane, tetrachloro-..............            56-23-5         U211
Carbosulfan................................  Carbamic acid, [(dibutylamino)              55285-14-8         P189
                                              thio] methyl-, 2,3-dihydro-2,2-
                                              dimethyl-7-benzofuranyl ester.
Chloral....................................  Acetaldehyde, trichloro-...........            75-87-6         U034
Chlorambucil...............................  Benzenebutanoic acid, 4-[bis(2-               305-03-3         U035
                                              chloroethyl)amino]-.
Chlordane..................................  4,7-Methano-1H-indene,                         57-74-9         U036
                                              1,2,4,5,6,7,8,8-octachloro-
                                              2,3,3a,4,7,7a-hexahydro-.
Chlordane (alpha and gamma isomers)........  ...................................  .................         U036
Chlorinated benzenes, N.O.S. \1\...........  ...................................  .................  ...........
Chlorinated ethane, N.O.S. \1\.............  ...................................  .................  ...........
Chlorinated fluorocarbons, N.O.S. \1\......  ...................................  .................  ...........
Chlorinated naphthalene, N.O.S. \1\........  ...................................  .................  ...........
Chlorinated phenol, N.O.S. \1\.............  ...................................  .................  ...........
Chlornaphazin..............................  Naphthalenamine, N,N'-bis(2-                  494-03-1         U026
                                              chloroethyl)-.
Chloroacetaldehyde.........................  Acetaldehyde, chloro-..............           107-20-0         P023
Chloroalkyl ethers, N.O.S. \1\.............  ...................................  .................  ...........
p-Chloroaniline............................  Benzenamine, 4-chloro-.............           106-47-8         P024
Chlorobenzene..............................  Benzene, chloro-...................           108-90-7         U037
Chlorobenzilate............................  Benzeneacetic acid, 4-chloro-alpha-           510-15-6         U038
                                              (4-chlorophenyl)-alpha-hydroxy-,
                                              ethyl ester.
p-Chloro-m-cresol..........................  Phenol, 4-chloro-3-methyl-.........            59-50-7         U039
2-Chloroethyl vinyl ether..................  Ethene, (2-chloroethoxy)-..........           110-75-8         U042
Chloroform.................................  Methane, trichloro-................            67-66-3         U044
Chloromethyl methyl ether..................  Methane, chloromethoxy-............           107-30-2         U046
beta-Chloronaphthalene.....................  Naphthalene, 2-chloro-.............            91-58-7         U047
o-Chlorophenol.............................  Phenol, 2-chloro-..................            95-57-8         U048
1-(o-Chlorophenyl)thiourea.................  Thiourea, (2-chlorophenyl)-........          5344-82-1         P026
Chloroprene................................  1,3-Butadiene, 2-chloro-...........           126-99-8  ...........
3-Chloropropionitrile......................  Propanenitrile, 3-chloro-..........           542-76-7         P027
Chromium...................................  Same...............................          7440-47-3  ...........
Chromium compounds, N.O.S. \1\.............  ...................................  .................  ...........
Chrysene...................................  Same...............................           218-01-9         U050
Citrus red No. 2...........................  2-Naphthalenol, 1-[(2,5-                     6358-53-8  ...........
                                              dimethoxyphenyl)azo]-.
Coal tar creosote..........................  Same...............................          8007-45-2  ...........
Copper cyanide.............................  Copper cyanide CuCN................           544-92-3         P029
Copper dimethyldithiocarbamate.............  Copper,                                       137-29-1  ...........
                                              bis(dimethylcarbamodithioato-S,S')-
                                              ,.
Creosote...................................  Same...............................  .................         U051
Cresol (Cresylic acid).....................  Phenol, methyl-....................          1319-77-3         U052
Crotonaldehyde.............................  2-Butenal..........................          4170-30-3         U053
m-Cumenyl methylcarbamate..................  Phenol, 3-(methylethyl)-, methyl               64-00-6         P202
                                              carbamate.
Cyanides (soluble salts and complexes)       ...................................  .................         P030
 N.O.S. \1\.
Cyanogen...................................  Ethanedinitrile....................           460-19-5         P031
Cyanogen bromide...........................  Cyanogen bromide (CN)Br............           506-68-3         U246
Cyanogen chloride..........................  Cyanogen chloride (CN)Cl...........           506-77-4         P033
Cycasin....................................  beta-D-Glucopyranoside, (methyl-ONN-        14901-08-7  ...........
                                              azoxy)methyl.
Cycloate...................................  Carbamothioic acid, cyclohexylethyl-         1134-23-2  ...........
                                              , S-ethyl ester.
2-Cyclohexyl-4,6-dinitrophenol.............  Phenol, 2-cyclohexyl-4,6-dinitro-..           131-89-5         P034

[[Page 89]]

 
Cyclophosphamide...........................  2H-1,3,2-Oxazaphosphorin-2-amine,              50-18-0         U058
                                              N,N-bis(2-chloroethyl)tetrahydro-,
                                              2-oxide.
2,4-D......................................  Acetic acid, (2,4-dichlorophenoxy)-            94-75-7         U240
2,4-D, salts, esters.......................  ...................................  .................         U240
Daunomycin.................................  5,12-Naphthacenedione, 8-acetyl-10-         20830-81-3         U059
                                              [(3-amino-2,3,6-trideoxy-alpha-L-
                                              lyxo- hexopyranosyl)oxy]-7,8,9,10-
                                              tetrahydro-6,8,11-trihydroxy-1-
                                              methoxy-, (8S-cis)-.
Dazomet....................................  2H-1,3,5-thiadiazine-2-thione,                533-74-4  ...........
                                              tetrahydro-3,5-dimethyl.
DDD........................................  Benzene, 1,1'-(2,2-                            72-54-8         U060
                                              dichloroethylidene)bis[4-chloro-.
DDE........................................  Benzene, 1,1'-                                 72-55-9  ...........
                                              (dichloroethenylidene)bis[4-chloro-
                                              .
DDT........................................  Benzene, 1,1'-(2,2,2-                          50-29-3         U061
                                              trichloroethylidene)bis[4-chloro-.
Diallate...................................  Carbamothioic acid, bis(1-                   2303-16-4         U062
                                              methylethyl)-, S-(2,3-dichloro-2-
                                              propenyl) ester.
Dibenz[a,h]acridine........................  Same...............................           226-36-8  ...........
Dibenz[a,j]acridine........................  Same...............................           224-42-0  ...........
Dibenz[a,h]anthracene......................  Same...............................            53-70-3         U063
7H-Dibenzo[c,g]carbazole...................  Same...............................           194-59-2  ...........
Dibenzo[a,e]pyrene.........................  Naphtho[1,2,3,4-def]chrysene.......           192-65-4  ...........
Dibenzo[a,h]pyrene.........................  Dibenzo[b,def]chrysene.............           189-64-0  ...........
Dibenzo[a,i]pyrene.........................  Benzo[rst]pentaphene...............           189-55-9         U064
1,2-Dibromo-3-chloropropane................  Propane, 1,2-dibromo-3-chloro-.....            96-12-8         U066
Dibutyl phthalate..........................  1,2-Benzenedicarboxylic acid,                  84-74-2         U069
                                              dibutyl ester.
o-Dichlorobenzene..........................  Benzene, 1,2-dichloro-.............            95-50-1         U070
m-Dichlorobenzene..........................  Benzene, 1,3-dichloro-.............           541-73-1         U071
p-Dichlorobenzene..........................  Benzene, 1,4-dichloro-.............           106-46-7         U072
Dichlorobenzene, N.O.S. \1\................  Benzene, dichloro-.................         25321-22-6  ...........
3,3'-Dichlorobenzidine.....................  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-            91-94-1         U073
                                              dichloro-.
1,4-Dichloro-2-butene......................  2-Butene, 1,4-dichloro-............           764-41-0         U074
Dichlorodifluoromethane....................  Methane, dichlorodifluoro-.........            75-71-8         U075
Dichloroethylene, N.O.S. \1\...............  Dichloroethylene...................         25323-30-2  ...........
1,1-Dichloroethylene.......................  Ethene, 1,1-dichloro-..............            75-35-4         U078
1,2-Dichloroethylene.......................  Ethene, 1,2-dichlrol-, (E)-........           156-60-5         U079
Dichloroethyl ether........................  Ethane, 1,1'oxybis[2-chloro-.......           111-44-4         U025
Dichloroisopropyl ether....................  Propane, 2,2'-oxybis[2-chloro-.....           108-60-1         U027
Dichloromethoxy ethane.....................  Ethane, 1,1'-                                 111-91-1         U024
                                              [methylenebis(oxy)]bis[2-chloro-.
Dichloromethyl ether.......................  Methane, oxybis[chloro-............           542-88-1         P016
2,4-Dichlorophenol.........................  Phenol, 2,4-dichloro-..............           120-83-2         U081
2,6-Dichlorophenol.........................  Phenol, 2,6-dichloro-..............            87-65-0         U082
Dichlorophenylarsine.......................  Arsonous dichloride, phenyl-.......           696-28-6         P036
Dichloropropane, N.O.S. \1\................  Propane, dichloro-.................         26638-19-7  ...........
Dichloropropanol, N.O.S. \1\...............  Propanol, dichloro-................         26545-73-3  ...........
Dichloropropene, N.O.S. \1\................  1-Propene, dichloro-...............         26952-23-8  ...........
1,3-Dichloropropene........................  1-Propene, 1,3-dichloro-...........           542-75-6         U084
Dieldrin...................................  2,7:3,6-Dimethanonaphth[2,3-                   60-57-1         P037
                                              b]oxirene, 3,4,5,6,9,9-hexachloro-
                                              1a,2,2a,3,6,6a,7,7a-octahydro-,
                                              (1aalpha,2beta,2aalpha,3beta,6beta
                                              , 6aalpha,7beta,7aalpha)-.
1,2:3,4-Diepoxybutane......................  2,2-Bioxirane......................          1464-53-5         U085
Diethylarsine..............................  Arsine, diethyl-...................           692-42-2         P038
Diethylene glycol, dicarbamate.............  Ethanol, 2,2'-oxybis-, dicarbamate.          5952-26-1         U395
1,4-Diethyleneoxide........................  1,4-Dioxane........................           123-91-1         U108
Diethylhexyl phthalate.....................  1,2-Benzenedicarboxylic acid, bis(2-          117-81-7         U028
                                              ethylhexyl) ester.
N,N'-Diethylhydrazine......................  Hydrazine, 1,2-diethyl-............          1615-80-1         U086
O,O-Diethyl S-methyl dithiophosphate.......  Phosphorodithioic acid, O,O-diethyl          3288-58-2         U087
                                              S-methyl ester.
Diethyl-p-nitrophenyl phosphate............  Phosphoric acid, diethyl 4-                   311-45-5         P041
                                              nitrophenyl ester.
Diethyl phthalate..........................  1,2-Benzenedicarboxylic acid,                  84-66-2         U088
                                              diethyl ester.
O,O-Diethyl O-pyrazinyl phosphoro- thioate.  Phosphorothioic acid, O,O-diethyl O-          297-97-2         P040
                                              pyrazinyl ester.
Diethylstilbesterol........................  Phenol, 4,4'-(1,2-diethyl-1,2-                 56-53-1         U089
                                              ethenediyl)bis-, (E)-.
Dihydrosafrole.............................  1,3-Benzodioxole, 5-propyl-........            94-58-6         U090
Diisopropylfluorophosphate (DFP)...........  Phosphorofluoridic acid, bis(1-                55-91-4         P043
                                              methylethyl) ester.
Dimethoate.................................  Phosphorodithioic acid, O,O-                   60-51-5         P044
                                              dimethyl S-[2-(methylamino)-2-
                                              oxoethyl] ester.

[[Page 90]]

 
3,3'-Dimethoxybenzidine....................  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-           119-90-4         U091
                                              dimethoxy-.
p-Dimethylaminoazobenzene..................  Benzenamine, N,N-dimethyl-4-                   60-11-7         U093
                                              (phenylazo)-.
7,12-Dimethylbenz[a]anthracene.............  Benz[a]anthracene, 7,12-dimethyl-..            57-97-6         U094
3,3'-Dimethylbenzidine.....................  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-           119-93-7         U095
                                              dimethyl-.
Dimethylcarbamoyl chloride.................  Carbamic chloride, dimethyl-.......            79-44-7         U097
1,1-Dimethylhydrazine......................  Hydrazine, 1,1-dimethyl-...........            57-14-7         U098
1,2-Dimethylhydrazine......................  Hydrazine, 1,2-dimethyl-...........           540-73-8         U099
alpha,alpha-Dimethylphenethylamine.........  Benzeneethanamine, alpha,alpha-               122-09-8         P046
                                              dimethyl-.
2,4-Dimethylphenol.........................  Phenol, 2,4-dimethyl-..............           105-67-9         U101
Dimethyl phthalate.........................  1,2-Benzenedicarboxylic acid,                 131-11-3         U102
                                              dimethyl ester.
Dimethyl sulfate...........................  Sulfuric acid, dimethyl ester......            77-78-1         U103
Dimetilan..................................  Carbamic acid, dimethyl-, 1-                  644-64-4         P191
                                              [(dimethylamino) carbonyl]-5-
                                              methyl-1H-pyrazol-3-yl ester.
Dinitrobenzene, N.O.S. \1\.................  Benzene, dinitro-..................         25154-54-5  ...........
4,6-Dinitro-o-cresol.......................  Phenol, 2-methyl-4,6-dinitro-......           534-52-1         P047
4,6-Dinitro-o-cresol salts.................  ...................................  .................         P047
2,4-Dinitrophenol..........................  Phenol, 2,4-dinitro-...............            51-28-5         P048
2,4-Dinitrotoluene.........................  Benzene, 1-methyl-2,4-dinitro-.....           121-14-2         U105
2,6-Dinitrotoluene.........................  Benzene, 2-methyl-1,3-dinitro-.....           606-20-2         U106
Dinoseb....................................  Phenol, 2-(1-methylpropyl)-4,6-                88-85-7         P020
                                              dinitro-.
Di-n-octyl phthalate.......................  1,2-Benzenedicarboxylic acid,                 117-84-0         U017
                                              dioctyl ester.
Diphenylamine..............................  Benzenamine, N-phenyl-.............           122-39-4  ...........
1,2-Diphenylhydrazine......................  Hydrazine, 1,2-diphenyl-...........           122-66-7         U109
Di-n-propylnitrosamine.....................  1-Propanamine, N-nitroso-N-propyl-.           621-64-7         U111
Disulfiram.................................  Thioperoxydicarbonic diamide,                  97-77-8  ...........
                                              tetraethyl.
Disulfoton.................................  Phosphorodithioic acid, O,O-diethyl           298-04-4         P039
                                              S-[2-(ethylthio)ethyl] ester.
Dithiobiuret...............................  Thioimidodicarbonic diamide [(H2              541-53-7         P049
                                              N)C(S)]2 NH.
Endosulfan.................................  6,9-Methano-2,4,3-                            115-29-7         P050
                                              benzodioxathiepin, 6,7,8,9,10,10-
                                              hexachloro-1,5,5a,6,9,9a-
                                              hexahydro-, 3-oxide.
Endothall..................................  7-Oxabicyclo[2.2.1]heptane-2,3-               145-73-3         P088
                                              dicarboxylic acid.
Endrin.....................................  2,7:3,6-Dimethanonaphth[2,3-                   72-20-8         P051
                                              b]oxirene, 3,4,5,6,9,9-hexachloro-
                                              1a,2,2a,3,6,6a,7,7a-octa-hydro-,
                                              (1aalpha,2beta,2abeta,3alpha,6alph
                                              a, 6abeta,7beta,7aalpha)-.
Endrin metabolites.........................  ...................................  .................         P051
Epichlorohydrin............................  Oxirane, (chloromethyl)-...........           106-89-8         U041
Epinephrine................................  1,2-Benzenediol, 4-[1-hydroxy-2-               51-43-4         P042
                                              (methylamino)ethyl]-, (R)-.
EPTC.......................................  Carbamothioic acid, dipropyl-, S-             759-94-4  ...........
                                              ethyl ester.
Ethyl carbamate (urethane).................  Carbamic acid, ethyl ester.........            51-79-6         U238
Ethyl cyanide..............................  Propanenitrile.....................           107-12-0         P101
Ethyl Ziram................................  Zinc, bis(diethylcarbamodithioato-          14324-55-1  ...........
                                              S,S')-.
Ethylenebisdithiocarbamic acid.............  Carbamodithioic acid, 1,2-                    111-54-6         U114
                                              ethanediylbis-.
Ethylenebisdithiocarbamic acid, salts and    ...................................  .................         U114
 esters.
Ethylene dibromide.........................  Ethane, 1,2-dibromo-...............           106-93-4         U067
Ethylene dichloride........................  Ethane, 1,2-dichloro-..............           107-06-2         U077
Ethylene glycol monoethyl ether............  Ethanol, 2-ethoxy-.................           110-80-5         U359
Ethyleneimine..............................  Aziridine..........................           151-56-4         P054
Ethylene oxide.............................  Oxirane............................            75-21-8         U115
Ethylenethiourea...........................  2-Imidazolidinethione..............            96-45-7         U116
Ethylidene dichloride......................  Ethane, 1,1-dichloro-..............            75-34-3         U076
Ethyl methacrylate.........................  2-Propenoic acid, 2-methyl-, ethyl             97-63-2         U118
                                              ester.
Ethyl methanesulfonate.....................  Methanesulfonic acid, ethyl ester..            62-50-0         U119
Famphur....................................  Phosphorothioic acid, O-[4-                    52-85-7         P097
                                              [(dimethylamino)sulfonyl]phenyl]
                                              O,O-dimethyl ester.
Ferbam.....................................  Iron, tris(dimethylcarbamodithioato-        14484-64-1  ...........
                                              S,S')-,.
Fluoranthene...............................  Same...............................           206-44-0         U120
Fluorine...................................  Same...............................          7782-41-4         P056
Fluoroacetamide............................  Acetamide, 2-fluoro-...............           640-19-7         P057
Fluoroacetic acid, sodium salt.............  Acetic acid, fluoro-, sodium salt..            62-74-8         P058
Formaldehyde...............................  Same...............................            50-00-0         U122
Formetanate hydrochloride..................  Methanimidamide, N,N-dimethyl-N'-[3-        23422-53-9         P198
                                              [[(methylamino)
                                              carbonyl]oxy]phenyl]-,
                                              monohydrochloride.
Formic acid................................  Same...............................            64-18-6         U123

[[Page 91]]

 
Formparanate...............................  Methanimidamide, N,N-dimethyl-N'-[2-        17702-57-7         P197
                                              methyl-4-[[(methylamino)
                                              carbonyl]oxy]phenyl]-.
Glycidylaldehyde...........................  Oxiranecarboxyaldehyde.............           765-34-4         U126
Halomethanes, N.O.S. \1\...................  ...................................  .................  ...........
Heptachlor.................................  4,7-Methano-1H-indene,                         76-44-8         P059
                                              1,4,5,6,7,8,8-heptachloro-
                                              3a,4,7,7a-tetrahydro-.
Heptachlor epoxide.........................  2,5-Methano-2H-indeno[1,2-                   1024-57-3  ...........
                                              b]oxirene,  2,3,4,5,6,7,7-
                                              heptachloro-1a,1b,5,5a,6,6a-hexa-
                                              hydro-,
                                              (1aalpha,1bbeta,2alpha,5alpha,
                                              5abeta,6beta,6aalpha)-.
Heptachlor epoxide (alpha, beta, and gamma   ...................................  .................  ...........
 isomers).
Heptachlorodibenzofurans...................  ...................................  .................  ...........
Heptachlorodibenzo-p-dioxins...............  ...................................  .................  ...........
Hexachlorobenzene..........................  Benzene, hexachloro-...............           118-74-1         U127
Hexachlorobutadiene........................  1,3-Butadiene, 1,1,2,3,4,4-                    87-68-3         U128
                                              hexachloro-.
Hexachlorocyclopentadiene..................  1,3-Cyclopentadiene, 1,2,3,4,5,5-              77-47-4         U130
                                              hexachloro-.
Hexachlorodibenzo-p-dioxins................  ...................................  .................  ...........
Hexachlorodibenzofurans....................  ...................................  .................  ...........
Hexachloroethane...........................  Ethane, hexachloro-................            67-72-1         U131
Hexachlorophene............................  Phenol, 2,2'-methylenebis[3,4,6-               70-30-4         U132
                                              trichloro-.
Hexachloropropene..........................  1-Propene, 1,1,2,3,3,3-hexachloro-.          1888-71-7         U243
Hexaethyl tetraphosphate...................  Tetraphosphoric acid, hexaethyl               757-58-4         P062
                                              ester.
Hydrazine..................................  Same...............................           302-01-2         U133
Hydrogen cyanide...........................  Hydrocyanic acid...................            74-90-8         P063
Hydrogen fluoride..........................  Hydrofluoric acid..................          7664-39-3         U134
Hydrogen sulfide...........................  Hydrogen sulfide H2 S..............          7783-06-4         U135
Indeno[1,2,3-cd]pyrene.....................  Same...............................           193-39-5         U137
3-Iodo-2-propynyl n-butylcarbamate.........  Carbamic acid, butyl-, 3-iodo-2-            55406-53-6  ...........
                                              propynyl ester.
Isobutyl alcohol...........................  1-Propanol, 2-methyl-..............            78-83-1         U140
Isodrin....................................  1,4,5,8-Dimethanonaphthalene,                 465-73-6         P060
                                              1,2,3,4,10,10-hexachloro-
                                              1,4,4a,5,8,8a-hexahydro-,
                                              (1alpha,4alpha,4abeta,5beta,
                                              8beta,8abeta)-.
Isolan.....................................  Carbamic acid, dimethyl-, 3-methyl-           119-38-0         P192
                                              1-(1-methylethyl)-1H-pyrazol-5-yl
                                              ester.
Isosafrole.................................  1,3-Benzodioxole, 5-(1-propenyl)-..           120-58-1         U141
Kepone.....................................  1,3,4-Metheno-2H-                             143-50-0         U142
                                              cyclobuta[cd]pentalen-2-one,
                                              1,1a,3,3a,4,5,5,5a,5b,6-
                                              decachlorooctahydro-.
Lasiocarpine...............................  2-Butenoic acid, 2-methyl-,7-[[2,3-           303-34-1         4143
                                              dihydroxy-2-(1-methoxyethyl)-3-
                                              methyl-1-
                                               oxobutoxy]methyl]-2,3,5,7a-
                                              tetrahydro-1H-pyrrolizin-1-yl
                                              ester,.
                                               [1S-
                                              [1alpha(Z),7(2S*,3R*),7aalpha]]-.
Lead.......................................  Same...............................          7439-92-1  ...........
Lead compounds, N.O.S.1....................  ...................................  .................  ...........
Lead acetate...............................  Acetic acid, lead(2+) salt.........           301-04-2         U144
Lead phosphate.............................  Phosphoric acid, lead(2+) salt               7446-27-7         U145
                                              (2:3).
Lead subacetate............................  Lead, bis(acetato-O)tetrahydroxytri-         1335-32-6         U146
                                              .
Lindane....................................  Cyclohexane, 1,2,3,4,5,6-hexachloro-           58-89-9         U129
                                              , (1alpha,2alpha,3beta,4alpha,
                                              5alpha,6beta)-.
Maleic anhydride...........................  2,5-Furandione.....................           108-31-6         U147
Maleic hydrazide...........................  3,6-Pyridazinedione, 1,2-dihydro-..           123-33-1         U148
Malononitrile..............................  Propanedinitrile...................           109-77-3         U149
Manganese dimethyldithiocarbamate..........  Manganese,                                  15339-36-3         P196
                                              bis(dimethylcarbamodithioato-S,S')-
                                              ,.
Melphalan..................................  L-Phenylalanine, 4-[bis(2-                    148-82-3         U150
                                              chloroethyl)aminol]-.
Mercury....................................  Same...............................          7439-97-6         U151
Mercury compounds, N.O.S.1.................  ...................................  .................  ...........
Mercury fulminate..........................  Fulminic acid, mercury(2+) salt....           628-86-4         P065
Metam Sodium...............................  Carbamodithioic acid, methyl-,                137-42-8
                                              monosodium salt.
Methacrylonitrile..........................  2-Propenenitrile, 2-methyl-........           126-98-7         U152
Methapyrilene..............................  1,2-Ethanediamine, N,N-dimethyl-N'-            91-80-5         U155
                                              2-pyridinyl-N'-(2-thienylmethyl)-.
Methiocarb.................................  Phenol, (3,5-dimethyl-4-                     2032-65-7         P199
                                              (methylthio)-, methylcarbamate.

[[Page 92]]

 
Methomyl...................................  Ethanimidothioic acid, N-                   16752-77-5         P066
                                              [[(methylamino)carbonyl]oxy]-,
                                              methyl ester.
Methoxychlor...............................  Benzene, 1,1'-(2,2,2-                          72-43-5         U247
                                              trichloroethylidene)bis[4-methoxy-.
Methyl bromide.............................  Methane, bromo-....................            74-83-9         U029
Methyl chloride............................  Methane, chloro-...................            74-87-3         U045
Methyl chlorocarbonate.....................  Carbonochloridic acid, methyl ester            79-22-1         U156
Methyl chloroform..........................  Ethane, 1,1,1-trichloro-...........            71-55-6         U226
3-Methylcholanthrene.......................  Benz[j]aceanthrylene, 1,2-dihydro-3-           56-49-5         U157
                                              methyl-.
4,4'-Methylenebis(2-chloroaniline).........  Benzenamine, 4,4'-methylenebis[2-             101-14-4         U158
                                              chloro-.
Methylene bromide..........................  Methane, dibromo-..................            74-95-3         U068
Methylene chloride.........................  Methane, dichloro-.................            75-09-2         U080
Methyl ethyl ketone (MEK)..................  2-Butanone.........................            78-93-3         U159
Methyl ethyl ketone peroxide...............  2-Butanone, peroxide...............          1338-23-4         U160
Methyl hydrazine...........................  Hydrazine, methyl-.................            60-34-4         P068
Methyl iodide..............................  Methane, iodo-.....................            74-88-4         U138
Methyl isocyanate..........................  Methane, isocyanato-...............           624-83-9         P064
2-Methyllactonitrile.......................  Propanenitrile, 2-hydroxy-2-methyl-            75-86-5         P069
Methyl methacrylate........................  2-Propenoic acid, 2-methyl-, methyl            80-62-6         U162
                                              ester.
Methyl methanesulfonate....................  Methanesulfonic acid, methyl ester.            66-27-3  ...........
Methyl parathion...........................  Phosphorothioic acid, O,O-dimethyl            298-00-0         P071
                                              O-(4-nitrophenyl) ester.
Methylthiouracil...........................  4(1H)-Pyrimidinone, 2,3-dihydro-6-             56-04-2         U164
                                              methyl-2-thioxo-.
Metolcarb..................................  Carbamic acid, methyl-, 3-                   1129-41-5         P190
                                              methylphenyl ester.
Mexacarbate................................  Phenol, 4-(dimethylamino)-3,5-                315-18-4         P128
                                              dimethyl-, methylcarbamate (ester).
Mitomycin C................................  Azirino[2',3':3,4]pyrrolo[1,2-                 50-07-7         U010
                                              a]indole-4,7-dione,
                                               6-amino-8-
                                              [[(aminocarbonyl)oxy]methyl]-
                                              1,1a,2,8,8a,8b-hexahydro-8a-
                                              methoxy-5- methyl-, [1aS-
                                              (1aalpha,8beta,8aalpha,8balpha)]-..
MNNG.......................................  Guanidine, N-methyl-N'-nitro-N-                70-25-7         U163
                                              nitroso-.
Molinate...................................  1H-Azepine-1-carbothioic acid,               2212-67-1  ...........
                                              hexahydro-, S-ethyl ester.
Mustard gas................................  Ethane, 1,1'-thiobis[2-chloro-.....           505-60-2  ...........
Naphthalene................................  Same...............................            91-20-3         U165
1,4-Naphthoquinone.........................  1,4-Naphthalenedione...............           130-15-4         U166
alpha-Naphthylamine........................  1-Naphthalenamine..................           134-32-7         U167
beta-Naphthylamine.........................  2-Naphthalenamine..................            91-59-8         U168
alpha-Naphthylthiourea.....................  Thiourea, 1-naphthalenyl-..........            86-88-4         P072
Nickel.....................................  Same...............................          7440-02-0  ...........
Nickel compounds, N.O.S.1..................  ...................................  .................  ...........
Nickel carbonyl............................  Nickel carbonyl Ni(CO)4, (T-4)-....         13463-39-3         P073
Nickel cyanide.............................  Nickel cyanide Ni(CN)2.............           557-19-7         P074
Nicotine...................................  Pyridine, 3-(1-methyl-2-                       54-11-5         P075
                                              pyrrolidinyl)-, (S)-.
Nicotine salts.............................  ...................................  .................         P075
Nitric oxide...............................  Nitrogen oxide NO..................         10102-43-9         P076
p-Nitroaniline.............................  Benzenamine, 4-nitro-..............           100-01-6         P077
Nitrobenzene...............................  Benzene, nitro-....................            98-95-3         U169
Nitrogen dioxide...........................  Nitrogen oxide NO2.................         10102-44-0         P078
Nitrogen mustard...........................  Ethanamine, 2-chloro-N-(2-                     51-75-2  ...........
                                              chloroethyl)-N-methyl-.
Nitrogen mustard, hydrochloride salt.......  ...................................  .................  ...........
Nitrogen mustard N-oxide...................  Ethanamine, 2-chloro-N-(2-                    126-85-2  ...........
                                              chloroethyl)-N-methyl-, N-oxide.
Nitrogen mustard, N-oxide, hydro- chloride   ...................................  .................  ...........
 salt.
Nitroglycerin..............................  1,2,3-Propanetriol, trinitrate.....            55-63-0         P081
p-Nitrophenol..............................  Phenol, 4-nitro-...................           100-02-7         U170
2-Nitropropane.............................  Propane, 2-nitro-..................            79-46-9         U171
Nitrosamines, N.O.S. \1\...................  ...................................        35576-91-1D  ...........
N-Nitrosodi-n-butylamine...................  1-Butanamine, N-butyl-N-nitroso-...           924-16-3         U172
N-Nitrosodiethanolamine....................  Ethanol, 2,2'-(nitrosoimino)bis-...          1116-54-7         U173
N-Nitrosodiethylamine......................  Ethanamine, N-ethyl-N-nitroso-.....            55-18-5         U174
N-Nitrosodimethylamine.....................  Methanamine, N-methyl-N-nitroso-...            62-75-9         P082
N-Nitroso-N-ethylurea......................  Urea, N-ethyl-N-nitroso-...........           759-73-9         U176
N-Nitrosomethylethylamine..................  Ethanamine, N-methyl-N-nitroso-....         10595-95-6  ...........
N-Nitroso-N-methylurea.....................  Urea, N-methyl-N-nitroso-..........           684-93-5         U177
N-Nitroso-N-methylurethane.................  Carbamic acid, methylnitroso-,                615-53-2         U178
                                              ethyl ester.

[[Page 93]]

 
N-Nitrosomethylvinylamine..................  Vinylamine, N-methyl-N-nitroso-....          4549-40-0         P084
N-Nitrosomorpholine........................  Morpholine, 4-nitroso-.............            59-89-2  ...........
N-Nitrosonornicotine.......................  Pyridine, 3-(1-nitroso-2-                   16543-55-8  ...........
                                              pyrrolidinyl)-, (S)-.
N-Nitrosopiperidine........................  Piperidine, 1-nitroso-.............           100-75-4         U179
N-Nitrosopyrrolidine.......................  Pyrrolidine, 1-nitroso-............           930-55-2         U180
N-Nitrososarcosine.........................  Glycine, N-methyl-N-nitroso-.......         13256-22-9  ...........
5-Nitro-o-toluidine........................  Benzenamine, 2-methyl-5-nitro-.....            99-55-8         U181
Octamethylpyrophosphoramide................  Diphosphoramide, octamethyl-.......           152-16-9         P085
Osmium tetroxide...........................  Osmium oxide OsO4, (T-4)-..........         20816-12-0         P087
Oxamyl.....................................  Ethanimidothioc acid, 2-                    23135-22-0         P194
                                              (dimethylamino)-N-
                                              [[(methylamino)carbonyl]oxy]-2-oxo-
                                              , methyl ester.
Paraldehyde................................  1,3,5-Trioxane, 2,4,6-trimethyl-...           123-63-7         U182
Parathion..................................  Phosphorothioic acid, O,O-diethyl O-           56-38-2         P089
                                              (4-nitrophenyl) ester.
Pebulate...................................  Carbamothioic acid, butylethyl-, S-          1114-71-2  ...........
                                              propyl ester.
Pentachlorobenzene.........................  Benzene, pentachloro-..............           608-93-5         U183
Pentachlorodibenzo-p-dioxins...............  ...................................  .................  ...........
Pentachlorodibenzofurans...................  ...................................  .................  ...........
Pentachloroethane..........................  Ethane, pentachloro-...............            76-01-7         U184
Pentachloronitrobenzene (PCNB).............  Benzene, pentachloronitro-.........            82-68-8         U185
Pentachlorophenol..........................  Phenol, pentachloro-...............            87-86-5     See F027
Phenacetin.................................  Acetamide, N-(4-ethoxyphenyl)-.....            62-44-2         U187
Phenol.....................................  Same...............................           108-95-2         U188
Phenylenediamine...........................  Benzenediamine.....................         25265-76-3  ...........
Phenylmercury acetate......................  Mercury, (acetato-O)phenyl-........            62-38-4         P092
Phenylthiourea.............................  Thiourea, phenyl-..................           103-85-5         P093
Phosgene...................................  Carbonic dichloride................            75-44-5         P095
Phosphine..................................  Same...............................          7803-51-2         P096
Phorate....................................  Phosphorodithioic acid, O,O-diethyl           298-02-2         P094
                                              S-[(ethylthio)methyl] ester.
Phthalic acid esters, N.O.S. \1\...........  ...................................  .................  ...........
Phthalic anhydride.........................  1,3-Isobenzofurandione.............            85-44-9         U190
Physostigmine..............................  Pyrrolo[2,3-b]indol-5-01,                      57-47-6         P204
                                              1,2,3,3a,8,8a-hexahydro-1,3a,8-
                                              trimethyl-, methylcarbamate
                                              (ester), (3aS-cis)-.
Physostigmine salicylate...................  Benzoic acid, 2-hydroxy-, compd.               57-64-7         P188
                                              with (3aS-cis) -1,2,3,3a,8,8a-
                                              hexahydro-1,3a,8-trimethylpyrrolo
                                              [2,3-b]indol-5-yl methylcarbamate
                                              ester (1:1).
2-Picoline.................................  Pyridine, 2-methyl-................           109-06-8         U191
Polychlorinated biphenyls, N.O.S. \1\......  ...................................  .................  ...........
Potassium cyanide..........................  Potassium cyanide K(CN)............           151-50-8         P098
Potassium dimethyldithiocarbamate..........  Carbamodithioic acid, dimethyl,               128-03-0  ...........
                                              potassium salt.
Potassium n-hydroxymethyl-n-methyl-          Carbamodithioic acid,                       51026-28-9  ...........
 dithiocarbamate.                             (hydroxymethyl)methyl-,
                                              monopotassium salt.
Potassium n-methyldithiocarbamate..........  Carbamodithioic acid, methyl-                 137-41-7  ...........
                                              monopotassium salt.
Potassium pentachlorophenate...............  Pentachlorophenol, potassium salt..            7778736         None
Potassium silver cyanide...................  Argentate(1-), bis(cyano-C)-,                 506-61-6         P099
                                              potassium.
Promecarb..................................  Phenol, 3-methyl-5-(1-methylethyl)-          2631-37-0         P201
                                              , methyl carbamate.
Pronamide..................................  Benzamide, 3,5-dichloro-N-(1,1-             23950-58-5         U192
                                              dimethyl-2-propynyl)-.
1,3-Propane sultone........................  1,2-Oxathiolane, 2,2-dioxide.......          1120-71-4         U193
n-Propylamine..............................  1-Propanamine......................           107-10-8         U194
Propargyl alcohol..........................  2-Propyn-1-ol......................           107-19-7         P102
Propham....................................  Carbamic acid, phenyl-, 1-                    122-42-9         U373
                                              methylethyl ester.
Propoxur...................................  Phenol, 2-(1-methylethoxy)-,                  114-26-1         U411
                                              methylcarbamate.
Propylene dichloride.......................  Propane, 1,2-dichloro-.............            78-87-5         U083
1,2-Propylenimine..........................  Aziridine, 2-methyl-...............            75-55-8         P067
Propylthiouracil...........................  4(1H)-Pyrimidinone, 2,3-dihydro-6-             51-52-5  ...........
                                              propyl-2-thioxo-.
Prosulfocarb...............................  Carbamothioic acid, dipropyl-, S-           52888-80-9         U387
                                              (phenylmethyl) ester.
Pyridine...................................  Same...............................           110-86-1         U196
Reserpine..................................  Yohimban-16-carboxylic acid, 11,17-            50-55-5         U200
                                              dimethoxy-18-[(3,4,5-
                                              trimethoxybenzoyl)oxy]-smethyl
                                              ester,
                                              (3beta,16beta,17alpha,18beta,20alp
                                              ha)-.

[[Page 94]]

 
Resorcinol.................................  1,3-Benzenediol....................           108-46-3         U201
Saccharin..................................  1,2-Benzisothiazol-3(2H)-one, 1,1-             81-07-2         U202
                                              dioxide.
Saccharin salts............................  ...................................  .................         U202
Safrole....................................  1,3-Benzodioxole, 5-(2-propenyl)-..            94-59-7         U203
Selenium...................................  Same...............................          7782-49-2  ...........
Selenium compounds, N.O.S. \1\.............  ...................................  .................  ...........
Selenium dioxide...........................  Selenious acid.....................          7783-00-8         U204
Selenium sulfide...........................  Selenium sulfide SeS2..............          7488-56-4         U205
Selenium, tetrakis(dimethyl-                 Carbamodithioic acid, dimethyl-,              144-34-3  ...........
 dithiocarbamate).                            tetraanhydrosulfide with
                                              orthothioselenious acid.
Selenourea.................................  Same...............................           630-10-4         P103
Silver.....................................  Same...............................          7440-22-4  ...........
Silver compounds, N.O.S. \1\...............  ...................................  .................  ...........
Silver cyanide.............................  Silver cyanide Ag(CN)..............           506-64-9         P104
Silvex (2,4,5-TP)..........................  Propanoic acid, 2-(2,4,5-                      93-72-1     See F027
                                              trichlorophenoxy)-.
Sodium cyanide.............................  Sodium cyanide Na(CN)..............           143-33-9         P106
Sodium dibutyldithiocarbamate..............  Carbamodithioic acid, dibutyl,                136-30-1  ...........
                                              sodium salt.
Sodium diethyldithiocarbamate..............  Carbamodithioic acid, diethyl-,               148-18-5
                                              sodium salt.
Sodium dimethyldithiocarbamate.............  Carbamodithioic acid, dimethyl-,              128-04-1  ...........
                                              sodium salt.
Sodium pentachlorophenate..................  Pentachlorophenol, sodium salt.....             131522         None
Streptozotocin.............................  D-Glucose, 2-deoxy-2-                       18883-66-4         U206
                                              [[(methylnitrosoamino)carbonyl]ami
                                              no]-.
Strychnine.................................  Strychnidin-10-one.................            57-24-9         P108
Strychnine salts...........................  ...................................  .................         P108
Sulfallate.................................  Carbamodithioic acid, diethyl-, 2-             95-06-7  ...........
                                              chloro-2-propenyl ester.
TCDD.......................................  Dibenzo[b,e][1,4]dioxin, 2,3,7,8-            1746-01-6  ...........
                                              tetrachloro-.
Tetrabutylthiuram disulfide................  Thioperoxydicarbonic diamide,                1634-02-2  ...........
                                              tetrabutyl.
1,2,4,5-Tetrachlorobenzene.................  Benzene, 1,2,4,5-tetrachloro-......            95-94-3         U207
Tetrachlorodibenzo-p-dioxins...............  ...................................  .................  ...........
Tetrachlorodibenzofurans...................  ...................................  .................  ...........
Tetrachloroethane, N.O.S. \1\..............  Ethane, tetrachloro-, N.O.S........         25322-20-7  ...........
1,1,1,2-Tetrachloroethane..................  Ethane, 1,1,1,2-tetrachloro-.......           630-20-6         U208
1,1,2,2-Tetrachloroethane..................  Ethane, 1,1,2,2-tetrachloro-.......            79-34-5         U209
Tetrachloroethylene........................  Ethene, tetrachloro-...............           127-18-4         U210
2,3,4,6-Tetrachlorophenol..................  Phenol, 2,3,4,6-tetrachloro-.......            58-90-2     See F027
2,3,4,6-tetrachlorophenol, potassium salt..  same...............................           53535276         None
2,3,4,6-tetrachlorophenol, sodium salt.....  same...............................           25567559         None
Tetraethyldithiopyrophosphate..............  Thiodiphosphoric acid, tetraethyl            3689-24-5         P109
                                              ester.
Tetraethyl lead............................  Plumbane, tetraethyl-..............            78-00-2         P110
Tetraethyl pyrophosphate...................  Diphosphoric acid, tetraethyl ester           107-49-3         P111
Tetramethylthiuram monosulfide.............  Bis(dimethylthiocarbamoyl) sulfide.            97-74-5  ...........
Tetranitromethane..........................  Methane, tetranitro-...............           509-14-8         P112
Thallium...................................  Same...............................          7440-28-0  ...........
Thallium compounds, N.O.S. \1\.............  ...................................  .................  ...........
Thallic oxide..............................  Thallium oxide Tl2 O3..............          1314-32-5         P113
Thallium(I) acetate........................  Acetic acid, thallium(1+) salt.....           563-68-8         U214
Thallium(I) carbonate......................  Carbonic acid, dithallium(1+) salt.          6533-73-9         U215
Thallium(I) chloride.......................  Thallium chloride TlCl.............          7791-12-0         U216
Thallium(I) nitrate........................  Nitric acid, thallium(1+) salt.....         10102-45-1         U217
Thallium selenite..........................  Selenious acid, dithallium(1+) salt         12039-52-0         P114
Thallium(I) sulfate........................  Sulfuric acid, dithallium(1+) salt.          7446-18-6         P115
Thioacetamide..............................  Ethanethioamide....................            62-55-5         U218
Thiodicarb.................................  Ethanimidothioic acid, N,N'-                59669-26-0         U410
                                              [thiobis [(methylimino)
                                              carbonyloxy]] bis-, dimethyl ester.
Thiofanox..................................  2-Butanone, 3,3-dimethyl-1-                 39196-18-4         P045
                                              (methylthio)-, 0-
                                              [(methylamino)carbonyl] oxime.
Thiomethanol...............................  Methanethiol.......................            74-93-1         U153
Thiophanate-methyl.........................  Carbamic acid, [1,2-phyenylenebis           23564-05-8         U409
                                              (iminocarbonothioyl)] bis-,
                                              dimethyl ester.
Thiophenol.................................  Benzenethiol.......................           108-98-5         P014
Thiosemicarbazide..........................  Hydrazinecarbothioamide............            79-19-6         P116
Thiourea...................................  Same...............................            62-56-6         U219
Thiram.....................................  Thioperoxydicarbonic diamide [(H2             137-26-8         U244
                                              N)C(S)]2 S2, tetramethyl-.
Tirpate....................................  1,3-Dithiolane-2-carboxaldehyde,            26419-73-8         P185
                                              2,4-dimethyl-, O-[(methylamino)
                                              carbonyl] oxime.
Toluene....................................  Benzene, methyl-...................           108-88-3         U220
Toluenediamine.............................  Benzenediamine, ar-methyl-.........         25376-45-8         U221
Toluene-2,4-diamine........................  1,3-Benzenediamine, 4-methyl-......            95-80-7  ...........
Toluene-2,6-diamine........................  1,3-Benzenediamine, 2-methyl-......           823-40-5  ...........

[[Page 95]]

 
Toluene-3,4-diamine........................  1,2-Benzenediamine, 4-methyl-......           496-72-0  ...........
Toluene diisocyanate.......................  Benzene, 1,3-diisocyanatomethyl-...         26471-62-5         U223
o-Toluidine................................  Benzenamine, 2-methyl-.............            95-53-4         U328
o-Toluidine hydrochloride..................  Benzenamine, 2-methyl-,                       636-21-5         U222
                                              hydrochloride.
p-Toluidine................................  Benzenamine, 4-methyl-.............           106-49-0         U353
Toxaphene..................................  Same...............................          8001-35-2         P123
Triallate..................................  Carbamothioic acid, bis(1-                   2303-17-5         U389
                                              methylethyl)-, S-(2,3,3-trichloro-
                                              2-propenyl) ester.
1,2,4-Trichlorobenzene.....................  Benzene, 1,2,4-trichloro-..........           120-82-1  ...........
1,1,2-Trichloroethane......................  Ethane, 1,1,2-trichloro-...........            79-00-5         U227
Trichloroethylene..........................  Ethene, trichloro-.................            79-01-6         U228
Trichloromethanethiol......................  Methanethiol, trichloro-...........            75-70-7         P118
Trichloromonofluoromethane.................  Methane, trichlorofluoro-..........            75-69-4         U121
2,4,5-Trichlorophenol......................  Phenol, 2,4,5-trichloro-...........            95-95-4     See F027
2,4,6-Trichlorophenol......................  Phenol, 2,4,6-trichloro-...........            88-06-2     See F027
2,4,5-T....................................  Acetic acid, (2,4,5-                           93-76-5     See F027
                                              trichlorophenoxy)-.
Trichloropropane, N.O.S. \1\...............  ...................................         25735-29-9  ...........
1,2,3-Trichloropropane.....................  Propane, 1,2,3-trichloro-..........            96-18-4  ...........
Triethylamine..............................  Ethanamine, N,N-diethyl-...........           121-44-8         U404
O,O,O-Triethyl phosphorothioate............  Phosphorothioic acid, O,O,O-                  126-68-1  ...........
                                              triethyl ester.
1,3,5-Trinitrobenzene......................  Benzene, 1,3,5-trinitro-...........            99-35-4         U234
Tris(1-aziridinyl)phosphine sulfide........  Aziridine, 1,1',1''-                           52-24-4  ...........
                                              phosphinothioylidynetris-.
Tris(2,3-dibromopropyl) phosphate..........  1-Propanol, 2,3-dibromo-, phosphate           126-72-7         U235
                                              (3:1).
Trypan blue................................  2,7-Naphthalenedisulfonic acid,                72-57-1         U236
                                              3,3'-[(3,3'-dimethyl[1,1'-
                                              biphenyl]-4,4'-diyl)bis(azo)]-
                                               bis[5-amino-4-hydroxy-,
                                              tetrasodium salt..
Uracil mustard.............................  2,4-(1H,3H)-Pyrimidinedione, 5-                66-75-1         U237
                                              [bis(2-chloroethyl)amino]-.
Vanadium pentoxide.........................  Vanadium oxide V2 O5...............          1314-62-1         P120
Vernolate..................................  Carbamothioic acid, dipropyl-,S-             1929-77-7  ...........
                                              propyl ester.
Vinyl chloride.............................  Ethene, chloro-....................            75-01-4         U043
Warfarin...................................  2H-1-Benzopyran-2-one, 4-hydroxy-3-            81-81-2         U248
                                              (3-oxo-1-phenylbutyl)-, when
                                              present at concentrations less
                                              than 0.3%.
Warfarin...................................  2H-1-Benzopyran-2-one, 4-hydroxy-3-            81-81-2         P001
                                              (3-oxo-1-phenylbutyl)-, when
                                              present at concentrations greater
                                              than 0.3%.
Warfarin salts, when present at              ...................................  .................         U248
 concentrations less than 0.3%.
Warfarin salts, when present at              ...................................  .................         P001
 concentrations greater than 0.3%.
Zinc cyanide...............................  Zinc cyanide Zn(CN)2...............           557-21-1         P121
Zinc phosphide.............................  Zinc phosphide Zn3 P2, when present          1314-84-7         P122
                                              at concentrations greater than 10%.
Zinc phosphide.............................  Zinc phosphide Zn3 P2, when present          1314-84-7         U249
                                              at concentrations of 10% or less.
Ziram......................................  ZInc, bis(dimethylcarbamodithioato-           137-30-4         P205
                                              S,S')-, (T-4)-.
----------------------------------------------------------------------------------------------------------------
\1\ The abbreviation N.O.S. (not otherwise specified) signifies those members of the general class not
  specifically listed by name in this appendix.

[53 FR 13388, Apr. 22, 1988, as amended at 53 FR 43881, Oct. 31, 1988; 
54 FR 50978, Dec. 11, 1989; 55 FR 50483, Dec. 6, 1990; 56 FR 7568, Feb. 
25, 1991; 59 FR 468, Jan. 4, 1994; 59 FR 31551, June 20, 1994; 60 FR 
7853, Feb. 9, 1995; 60 FR 19165, Apr. 17, 1995; 62 FR 32977, June 17, 
1997; 63 FR 24625, May 4, 1998]

    Effective Date Note: At 63 FR 24625, May 4, 1998, appendix VIII to 
part 261 was amended by adding the entry for hazardous constituent 
2,4,6-Tribromophenol, in alphabetical order effective Nov. 4, 1998.

[[Page 96]]

      Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20 
                              and 260.22

           Table 1--Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
     Facility           Address                Waste description
------------------------------------------------------------------------
Aluminum Company   750 Norcold Ave.,  Wastewater treatment plant (WWTP)
 of America.        Sidney, Ohio       sludges generated from the
                    45365.             chemical conversion coating of
                                       aluminum (EPA Hazardous Waste No.
                                       F019) and WWTP sludges generated
                                       from electroplating operations
                                       (EPA Hazardous Waste No. F006)
                                       and stored in an on-site
                                       landfill. This is an exclusion
                                       for approximately 16,772 cubic
                                       yards of landfilled WWTP filter
                                       cake. This exclusion applies only
                                       if the waste filter cake remains
                                       in place or, if excavated, is
                                       disposed of in a Subtitle D
                                       landfill which is permitted,
                                       licensed, or registered by a
                                       state to manage industrial solid
                                       waste. This exclusion was
                                       published on April 6, 1999.
                                      1. The constituent concentrations
                                       measured in the TCLP extract may
                                       not exceed the following levels
                                       (mg/L): Arsenic--5; Barium--100;
                                       Chromium--5; Cobalt--210; Copper--
                                       130; Nickel--70; Vanadium--30;
                                       Zinc--1000; Fluoride--400;
                                       Acetone--400; Methylene Chloride--
                                       0.5; Bis(2-ethylhexyl)phthalate--
                                       0.6.
                                      2. (a) If, anytime after disposal
                                       of the delisted waste, Alcoa
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified in
                                       Condition (1) is at a level in
                                       the leachate higher than the
                                       delisting level established in
                                       Condition (1), or is at a level
                                       in the ground water or soil
                                       higher than the health based
                                       level, then Alcoa must report
                                       such data, in writing, to the
                                       Regional Administrator within 10
                                       days of first possessing or being
                                       made aware of that data.
                                      (b) Based on the information
                                       described in paragraph (a) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending or revoking this
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (c) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify the
                                       facility in writing of the
                                       actions the Regional
                                       Administrator believes are
                                       necessary to protect human health
                                       and the environment. The notice
                                       shall include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. The facility
                                       shall have 10 days from the date
                                       of the Regional Administrator's
                                       notice to present such
                                       information.
                                      (d) Following the receipt of
                                       information from the facility
                                       described in paragraph (c) or (if
                                       no information is presented under
                                       paragraph (c) the initial receipt
                                       of information described in
                                       paragraph (a), the Regional
                                       Administrator will issue a final
                                       written determination describing
                                       the Agency actions that are
                                       necessary to protect human health
                                       or the environment. Any required
                                       action described in the Regional
                                       Administrator's determination
                                       shall become effective
                                       immediately, unless the Regional
                                       Administrator provides otherwise.
 
Alumnitec, Inc.    Jeffersonville,    Dewatered wastewater treatment
 (formerly          IN.                sludge (EPA Hazardous Waste No.
 Profile                               F019) generated from the chemical
 Extrusion Co.,                        conversion of aluminum after
 formerly United                       April 29, 1986.
 Technologies
 Automotive,
 Inc.).
American Steel     Scottsburg, IN...  Wastewater treatment plant (WWTP)
 Cord.                                 sludge from electroplating
                                       operations (EPA Hazardous Waste
                                       No. F006) generated at a maximum
                                       annual rate of 3,000 cubic yards
                                       per year, after January 26, 1999,
                                       and disposed of in a Subtitle D
                                       landfill.
                                      1. Verification Testing: American
                                       Steel Cord must implement an
                                       annual testing program to
                                       demonstrate, based on the
                                       analysis of a minimum of four
                                       representative samples, that the
                                       constituent concentrations
                                       measured in the TCLP extract of
                                       the waste are within specific
                                       levels. The constituent
                                       concentrations must not exceed
                                       the following levels (mg/l) which
                                       are back-calculated from the
                                       delisting health-based levels and
                                       a DAF of 68. Arsenic--3.4;
                                       Barium--100; Cadmium--.34;
                                       Chromium--5; Copper--88.4.; Lead--
                                       1.02; Mercury--.136; Nickel--
                                       6.8.; Selenium--1; Silver--5;
                                       Zinc--680; Cyanide--13.6;
                                       Acetone--272; Benzo butyl
                                       phthlate--476; Chloroform--.68;
                                       1,4-Dichlorobenzene--.272; cis-
                                       1,2-Dichloroethene--27.2;
                                       Methylene chloride--.34;
                                       Naphthalene--68; Styrene--6.8;
                                       Tetrachloroethene--.34; Toluene--
                                       68; and Xylene--680. American
                                       Steel Cord must measure and
                                       record the pH of the waste using
                                       SW 846 method 9045 and must
                                       record all pH measurements
                                       performed in accordance with the
                                       TCLP.
                                      2. Changes in Operating
                                       Conditions: If American Steel
                                       Cord significantly changes the
                                       manufacturing or treatment
                                       process or the chemicals used in
                                       the manufacturing or treatment
                                       process, American Steel Cord may
                                       handle the WWTP filter press
                                       sludge generated from the new
                                       process under this exclusion only
                                       after the facility has
                                       demonstrated that the waste meets
                                       the levels set forth in paragraph
                                       1 and that no new hazardous
                                       constituents listed in Appendix
                                       VIII of Part 261 have been
                                       introduced.

[[Page 97]]

 
                                      3. Data Submittals: The data
                                       obtained through annual
                                       verification testing or
                                       compliance with paragraph 2 must
                                       be submitted to U.S. EPA Region
                                       5, 77 W. Jackson Blvd., Chicago,
                                       IL 60604-3590, within 60 days of
                                       sampling. Records of operating
                                       conditions and analytical data
                                       must be compiled, summarized, and
                                       maintained on site for a minimum
                                       of five years and must be made
                                       available for inspection. All
                                       data must be accompanied by a
                                       signed copy of the certification
                                       statement in 260.22(I)(12).
                                      4. (a) If, anytime after disposal
                                       of the delisted waste, American
                                       Steel Cord possesses or is
                                       otherwise made aware of any
                                       environmental data (including but
                                       not limited to leachate data or
                                       groundwater monitoring data) or
                                       any other data relevant to the
                                       delisted waste indicating that
                                       any constituent identified in
                                       Condition (1) is at a level in
                                       the leachate higher than the
                                       delisting level established in
                                       Condition (1), or is at a level
                                       in the ground water or soil
                                       higher than the health based
                                       level, then American Steel Cord
                                       must report such data, in
                                       writing, to the Regional
                                       Administrator within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (b) Based on the information
                                       described in paragraph (a) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (c) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify the
                                       facility in writing of the
                                       actions the Regional
                                       Administrator believes are
                                       necessary to protect human health
                                       and the environment. The notice
                                       shall include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. The facility
                                       shall have 10 days from the date
                                       of the Regional Administrator's
                                       notice to present such
                                       information.
                                      (d) Following the receipt of
                                       information from the facility
                                       described in paragraph (c) or (if
                                       no information is presented under
                                       paragraph (c) the initial receipt
                                       of information described in
                                       paragraph (a), the Regional
                                       Administrator will issue a final
                                       written determination describing
                                       the Agency actions that are
                                       necessary to protect human health
                                       or the environment. Any required
                                       action described in the Regional
                                       Administrator's determination
                                       shall become effective
                                       immediately, unless the Regional
                                       Administrator provides otherwise.
Ampex Recording    Opelika, Alabama.  Solvent recovery residues in the
 Media                                 powder or pellet form (EPA
 Corporation.                          Hazardous Waste Nos. F003 and
                                       F005) generated from the recovery
                                       of spent solvents from the
                                       manufacture of tape recording
                                       media (generated at a maximum
                                       annual rate of 1,000 cubic yards
                                       in the powder or pellet form)
                                       after August 9, 1993. In order to
                                       confirm that the characteristics
                                       of the wastes do not change
                                       significantly, the facility must,
                                       on an annual basis, analyze a
                                       representative composite sample
                                       of the waste (in its final form)
                                       for the constituents listed in 40
                                       CFR 261.24 using the method
                                       specified therein. The annual
                                       analytical results, including
                                       quality control information, must
                                       be compiled, certified according
                                       to 40 CFR 260.22(i)(12),
                                       maintained on-site for a minimum
                                       of five years, and made available
                                       for inspection upon request by
                                       any employee or representative of
                                       EPA or the State of Alabama.
                                       Failure to maintain the required
                                       records on-site will be
                                       considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA.

[[Page 98]]

 
Aptus, Inc.......  Coffeyville,       Kiln residue and spray dryer/
                    Kansas.            baghouse residue (EPA Hazardous
                                       Waste No. F027) generated during
                                       the treatment of cancelled
                                       pesticides containing 2,4,5-T and
                                       Silvex and related materials by
                                       Aptus' incinerator at
                                       Coffeyville, Kansas after
                                       December 27, 1991, so long as:
                                      (1) The incinerator is monitored
                                       continuously and is in compliance
                                       with operating permit conditions.
                                       Should the incinerator fail to
                                       comply with the permit conditions
                                       relevant to the mechanical
                                       operation of the incinerator,
                                       Aptus must test the residues
                                       generated during the run when the
                                       failure occurred according to the
                                       requirements of Conditions (2)
                                       through (4), regardless of
                                       whether or not the demonstration
                                       in Condition (5) has been made.
                                      (2) A minimum of four grab samples
                                       must be taken from each hopper
                                       (or other container) of kiln
                                       residue generated during each 24
                                       hour run; all grabs collected
                                       during a given 24 hour run must
                                       then be composited to form one
                                       composite sample. A minimum of
                                       four grab samples must also be
                                       taken from each hopper (or other
                                       container) of spray dryer/
                                       baghouse residue generated during
                                       each 24 hour run; all grabs
                                       collected during a given 24 hour
                                       run must then be composited to
                                       form one composite sample. Prior
                                       to the disposal of the residues
                                       from each 24 hour run, a TCLP
                                       leachate test must be performed
                                       on these composite samples and
                                       the leachate analyzed for the TC
                                       toxic metals, nickel, and
                                       cyanide. If arsenic, chromium,
                                       lead or silver TC leachate test
                                       results exceed 1.6 ppm, barium
                                       levels exceed 32 ppm, cadmium or
                                       selenium levels exceed 0.3 ppm,
                                       mercury levels exceed 0.07 ppm,
                                       nickel levels exceed 10 ppm, or
                                       cyanide levels exceed 6.5 ppm,
                                       the wastes must be retreated to
                                       achieve these levels or must be
                                       disposed in accordance with
                                       subtitle C of RCRA. Analyses must
                                       be performed according to SW-846
                                       methodologies.
                                      (3) Aptus must generate, prior to
                                       the disposal of the residues,
                                       verification data from each 24
                                       hour run for each treatment
                                       residue (i.e., kiln residue,
                                       spray dryer/baghouse residue) to
                                       demonstrate that the maximum
                                       allowable treatment residue
                                       concentrations listed below are
                                       not exceeded. Samples must be
                                       collected as specified in
                                       Condition (2). Analyses must be
                                       performed according to SW-846
                                       methodologies. Any residues which
                                       exceed any of the levels listed
                                       below must be retreated or must
                                       be disposed of as hazardous.
                                      Kiln residue and spray dryer/
                                       baghouse residue must not exceed
                                       the following levels:
                                      Aldrin--0.015 ppm
                                      Benzene--9.7 ppm
                                      Benzo(a)pyrene--0.43 ppm
                                      Benzo(b)fluoranthene--1.8 ppm
                                      Chlordane--0.37 ppm
                                      Chloroform--5.4 ppm
                                      Chrysene--170 ppm
                                      Dibenz(a,h)anthracene--0.083 ppm
                                      1,2-Dichloroethane--4.1 ppm
                                      Dichloromethane--2.4 ppm
                                      2,4-Dichlorophenol--480 ppm
                                      Dichlorvos--260 ppm
                                      Disulfaton--23 ppm
                                      Endosulfan I--310 ppm
                                      Fluorene--120 ppm
                                      Indeno(1,2,3,cd)-pyrene--330 ppm
                                      Methyl parathion--210 ppm
                                      Nitrosodiphenylamine--130 ppm
                                      Phenanthrene--150 ppm
                                      Polychlorinated biphenyls--0.31
                                       ppm
                                      Tetrachloroethylene--59 ppm
                                      2,4,5-TP (silvex)--110 ppm
                                      2,4,6-Trichlorophenol--3.9 ppm

[[Page 99]]

 
                                      (4) Aptus must generate, prior to
                                       disposal of residues,
                                       verification data from each 24
                                       hour run for each treatment
                                       residue (i.e., kiln residue,
                                       spray dryer/baghouse residue) to
                                       demonstrate that the residues do
                                       not contain tetra-, penta-, or
                                       hexachlorodibenzo-p-dioxins or
                                       furans at levels of regulatory
                                       concern. Samples must be
                                       collected as specified in
                                       Condition (2). The TCDD
                                       equivalent levels for the solid
                                       residues must be less than 5 ppt.
                                       Any residues with detected
                                       dioxins or furans in excess of
                                       this level must be retreated or
                                       must be disposed of as acutely
                                       hazardous. SW-846 Method 8290, a
                                       high resolution gas
                                       chromatography and high
                                       resolution mass spectroscopy
                                       (HRGC/HRMS) analytical method
                                       must be used. For tetra- and
                                       penta-chlorinated dioxin and
                                       furan homologs, the maximum
                                       practical quantitation limit must
                                       not exceed 15 ppt for the solid
                                       residues. For hexachlorinated
                                       dioxin and furan homologs, the
                                       maximum practical quantitation
                                       limit must not exceed 37 ppt for
                                       the solid residues.
                                      (5) The test data from Conditions
                                       (1), (2), (3), and (4) must be
                                       kept on file by Aptus for
                                       inspection purposes and must be
                                       compiled, summarized, and
                                       submitted to the Director for the
                                       Characterization and Assessment
                                       Division, Office of Solid Waste,
                                       by certified mail on a monthly
                                       basis and when the treatment of
                                       the cancelled pesticides and
                                       related materials is concluded.
                                       The testing requirements for
                                       Conditions (2), (3), and (4) will
                                       continue until Aptus provides the
                                       Director with the results of four
                                       consecutive batch analyses for
                                       the petitioned wastes, none of
                                       which exceed the maximum
                                       allowable levels listed in these
                                       conditions and the director
                                       notifies Aptus that the
                                       conditions have been lifted. All
                                       data submitted will be placed in
                                       the RCRA public docket.
                                      (6) Aptus must provide a signed
                                       copy of the following
                                       certification statement when
                                       submitting data in response to
                                       the conditions listed above:
                                       ``Under civil and criminal
                                       penalty of law for the making or
                                       submission of false or fraudulent
                                       statements or representations, I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate, and
                                       complete. As to the (those)
                                       identified section(s) of this
                                       document for which I cannot
                                       personally verify its (their)
                                       truth and accuracy, I certify as
                                       the company official having
                                       supervisory responsibility for
                                       the persons who, acting under my
                                       direct instructions, made the
                                       verification that this
                                       information is true, accurate,
                                       and complete.''
Arco Building      Sugarcreek, Ohio.  Dewatered wastewater treatment
 Products.                             sludge (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum
                                       after August 15, 1986.
Arco Chemical Co.  Miami, FL........  Dewatered wastewater treatment
                                       sludge (EPA Hazardous Waste No.
                                       FO19) generated from the chemical
                                       conversion coating of aluminum
                                       after April 29, 1986.
Arkansas           Vertac Superfund   Kiln ash, cyclone ash, and calcium
 Department of      site,              chloride salts from incineration
 Pollution          Jacksonville,      of residues (EPA Hazardous Waste
 Control and        Arkansas.          No. F020 and F023) generated from
 Ecology.                              the primary production of 2,4,5-T
                                       and 2,4-D after August 24, 1990.
                                       This one-time exclusion applies
                                       only to the incineration of the
                                       waste materials described in the
                                       petition, and it is conditional
                                       upon the data obtained from
                                       ADPC&E's full-scale incineration
                                       facility. To ensure that
                                       hazardous constituents are not
                                       present in the waste at levels of
                                       regulatory concern once the full-
                                       scale treatment facility is in
                                       operation, ADPC&E must implement
                                       a testing program for the
                                       petitioned waste. This testing
                                       program must meet the following
                                       conditions for the exclusion to
                                       be valid:
                                         (1) Testing: Sample collection
                                          and analyses (including
                                          quality control (QC)
                                          procedures) must be performed
                                          according to SW-846
                                          methodologies.
                                           (A) Initial testing:
                                            Representative grab samples
                                            must be taken from each drum
                                            and kiln ash and cyclone ash
                                            generated from each 24 hours
                                            of operation, and the grab
                                            samples composited to form
                                            one composite sample of ash
                                            for each 24-hour period.
                                            Representative grab samples
                                            must also be taken from each
                                            drum of calcium chloride
                                            salts generated from each 24
                                            hours of operation and
                                            composited to form one
                                            composite sample of calcium
                                            chloride salts for each 24-
                                            hour period. The initial
                                            testing requirements must be
                                            fullfilled for the following
                                            wastes: (i) Incineration by-
                                            products generated prior to
                                            and during the incinerator's
                                            trial burn; (ii)
                                            incineration by-products
                                            from the treatment of 2,4-D
                                            wastes for one week (or 7
                                            days if incineration is not
                                            on consecutive days) after
                                            completion of the trial
                                            burn; (iii) incineration by-
                                            products from the treatment
                                            of blended 2,4-D and 2,4, 5-
                                            T wastes for two weeks (or
                                            14 days if incineration is
                                            not on consecutive days)
                                            after completion of the
                                            trial burn; and (iv)
                                            incineration by-products
                                            from the treatment of
                                            blended 2,4-D and 2,4,5-T
                                            wastes for one week (or 7
                                            days if incineration is not
                                            on consecutive days) when
                                            the percentage of 2, 4, 5-T
                                            wastes exceeds the maximum
                                            percentage treated under
                                            Condition (1)(A)(iii). Prior
                                            to disposal of the residues
                                            from each 24-hour sampling
                                            period, the daily composite
                                            must be analyzed for all the
                                            constituents listed in
                                            Condition (3). ADPC&E must
                                            report the analytical test
                                            data, including quality
                                            control information,
                                            obtained during this initial
                                            period no later than 90 days
                                            after the start of the
                                            operation.
                                           (B) Subsequent testing:
                                            Representative grab samples
                                            of each drum of kiln and
                                            cyclone ash generated from
                                            each week of operation must
                                            be composited to form one
                                            composite sample of ash for
                                            each weekly period.
                                            Representative grab samples
                                            of each drum of calcium
                                            chloride salts generated
                                            from each week of operation
                                            must also be composited to
                                            form one composite sample of
                                            calcium chloride salts for
                                            each weekly period.

[[Page 100]]

 
                                           Prior to disposal of the
                                            residues from each weekly
                                            sampling period, the weekly
                                            composites must be analyzed
                                            for all of the constituents
                                            listed in Condition (3). The
                                            analytical data, including
                                            quality control information,
                                            must be compiled and
                                            maintained on site for a
                                            minimum of three years.
                                            These data must be furnished
                                            upon request and made
                                            available for inspection by
                                            any employee or
                                            representative of EPA.
                                         (2) Waste holding: The
                                          incineration residues that are
                                          generated must be stored as
                                          hazardous until the initial
                                          verification analyses or
                                          subsequent analyses are
                                          completed.
                                         If the composite incineration
                                          residue samples (from either
                                          Condition (1)(A) or Condition
                                          (1)(B)) do not exceed any of
                                          the delisting levels set in
                                          Condition (3), the
                                          incineration residues
                                          corresponding to these samples
                                          may be managed and disposed of
                                          in accordance with all
                                          applicable solid waste
                                          regulations.
                                         If any composite incineration
                                          residue sample exceeds any of
                                          the delisting levels set in
                                          Condition (3), the
                                          incineration residues
                                          generated during the time
                                          period corresponding to this
                                          sample must be retreated until
                                          they meet these levels
                                          (analyses must be repeated) or
                                          managed and disposed of in
                                          accordance with subtitle C of
                                          RCRA. Incineration residues
                                          which are generated but for
                                          which analysis is not complete
                                          or valid must be managed and
                                          disposed of in accordance with
                                          subtitle C of RCRA, until
                                          valid analyses demonstrate
                                          that the wastes meet the
                                          delisting levels.
                                         (3) Delisting levels: If
                                          concentrations in one or more
                                          of the incineration residues
                                          for any of the hazardous
                                          constituents listed below
                                          exceed their respective
                                          maximum allowable
                                          concentrations also listed
                                          below, the batch of failing
                                          waste must either be re-
                                          treated until it meets these
                                          levels or managed and disposed
                                          of in accordance with subtitle
                                          C of RCRA.
                                           (A) Inorganics (Leachable):
                                            Arsenic, 0.32 ppm; Barium,
                                            6.3 ppm; Cadmium, 0.06 ppm;
                                            Chromium, 0.32 ppm; Cyanide,
                                            4.4 ppm; Lead, 0.32 ppm;
                                            Mercury, 0.01 ppm; Nickel,
                                            4.4 ppm; Selenium, 0.06 ppm;
                                            Silver, 0.32 ppm. Metal
                                            concentrations must be
                                            measured in the waste
                                            leachate as per 40 CFR
                                            261.24. Cyanide extractions
                                            must be conducted using
                                            distilled water.
                                           (B) Organics: Benzene, 0.87
                                            ppm; Benzo(a)anthracene,
                                            0.10 ppm; Benzo(a)pyrene,
                                            0.04 ppm; Benzo
                                            (b)fluoranthene, 0.16 ppm;
                                            Chlorobenzene, 152 ppm; o-
                                            Chlorophenol, 44 ppm;
                                            Chrysene, 15 ppm; 2, 4-D,
                                            107 ppm; DDE, 1.0 ppm;
                                            Dibenz(a,h)anthracene, 0.007
                                            ppm; 1, 4-Dichlorobenzene,
                                            265 ppm; 1, 1-
                                            Dichloroethylene, 1.3 ppm;
                                            trans-1,2-Dichloroethylene,
                                            37 ppm; Dichloromethane,
                                            0.23 ppm; 2,4-
                                            Dichlorophenol, 43 ppm;
                                            Hexachlorobenzene, 0.26 ppm;
                                            Indeno (1,2,3-cd) pyrene, 30
                                            ppm; Polychlorinated
                                            biphenyls, 12 ppm; 2,4,5-T,
                                            1  x  10 \6\ ppm; 1,2,4,5-
                                            Tetrachlorobenzene, 56 ppm;
                                            Tetrachloroethylene, 3.4
                                            ppm; Trichloroethylene, 1.1
                                            ppm; 2,4,5-Trichlorophenol,
                                            21,000 ppm; 2,4,6-
                                            Trichlorophenol, 0.35 ppm.
                                           (C) Chlorinated dioxins and
                                            furans: 2,3,7,8-
                                            Tetrachlorodibenzo-p-dioxin
                                            equivalents, 4  x  10-7ppm.
                                           The petitioned by-product
                                            must be analyzed for the
                                            tetra-, penta-, hexa-, and
                                            heptachlorodibenzo-p-
                                            dioxins, and the tetra-,
                                            penta-, hexa-, and
                                            heptachlorodibenzofurans to
                                            determine the 2, 3, 7, 8-
                                            tetra- chlorodibenzo-p-
                                            dioxin equivalent
                                            concentration. The analysis
                                            must be conducted using
                                            Method 8290, a high
                                            resolution gas
                                            chromatography/high
                                            resolution mass spectrometry
                                            method, and must achieve
                                            practical quantitation
                                            limits of 15 parts per
                                            trillion (ppt) for the tetra-
                                             and penta- homologs, and 37
                                            ppt for the hexa- and hepta-
                                            homologs.
                                         (4) Termination of testing: Due
                                          to the possible variability of
                                          the incinerator feeds, the
                                          testing requirements of
                                          Condition (1)(B) will continue
                                          indefinitely.
                                         (5) Data submittals: Within one
                                          week of system start-up,
                                          ADPC&E must notify the Section
                                          Chief, Variances Section (see
                                          address below) when the full-
                                          scale incineration system is
                                          on-line and waste treatment
                                          has begun. The data obtained
                                          through Condition (1)(A) must
                                          be submitted to the Section
                                          Chief, Variances Section, PSPD/
                                          OSW (OS-343), U.S. EPA, 401 M
                                          Street SW., Washington, DC
                                          20460, within the time period
                                          specified. At the Section
                                          Chief's request, ADPC&E must
                                          submit analytical data
                                          obtained through Condition
                                          (1)(B) within the time period
                                          specified by the Section
                                          Chief. Failure to submit the
                                          required data obtained from
                                          Condition (1)(A) within the
                                          specified time period or to
                                          maintain the required records
                                          for the time specified in
                                          Condition (1)(B) (or to submit
                                          data within the time specified
                                          by the Section Chief) will be
                                          considered by the Agency, at
                                          its discretion, sufficient
                                          basis to revoke ADPC&E's
                                          exclusion to the extent
                                          directed by EPA. All data must
                                          be accompanied by the
                                          following certification
                                          statement:

[[Page 101]]

 
                                         ``Under civil and criminal
                                          penalty of law for the making
                                          or submission of false or
                                          fraudulent statements or
                                          representations (pursuant to
                                          the applicable provisions of
                                          the Federal Code, which
                                          include, but may not be
                                          limited to, 18 U.S.C. 1001 and
                                          42 U.S.C. 6928), I certify
                                          that the information contained
                                          in or accompanying this
                                          document is true, accurate and
                                          complete. As to the (those)
                                          identified section(s) of this
                                          document for which I cannot
                                          personally verify its (their)
                                          truth and accuracy, I certify
                                          as the company official having
                                          supervisory responsibility for
                                          the persons who, acting under
                                          my direct instructions, made
                                          the verification that this
                                          information is true, accurate
                                          and complete. In the event
                                          that any of this information
                                          is determined by EPA in its
                                          sole discretion to be false,
                                          inaccurate or incomplete, and
                                          upon conveyance of this fact
                                          to the company, I recognize
                                          and agree that this exclusion
                                          of wastes will be void as if
                                          it never had effect or to the
                                          extent directed by EPA and
                                          that the company will be
                                          liable for any actions taken
                                          in contravention of the
                                          company's RCRA and CERCLA
                                          obligations premised upon the
                                          company's reliance on the void
                                          exclusion.''
BBC Brown Boveri,  Sanford, FL......  Dewatered Wastewater treatment
 Inc.                                  sludges (EPA Hazardous Waste No.
                                       F006) generated from
                                       electroplating operations after
                                       October 17, 1986.
Bethlehem Steel    Sparrows Point,    Stabilized filter cake (at a
 Corporation.       Maryland.          maximum annual rate of 1100 cubic
                                       yards) from the treatment of
                                       wastewater treatment sludges (EPA
                                       Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after [insert date of
                                       publication in Federal Register].
                                       Bethlehem Steel (BSC) must
                                       implement a testing program that
                                       meets the following conditions
                                       for the exclusion to be valid:
                                        (1) Testing: Sample collection
                                       and analyses (including quality
                                       control (QC) procedures) must be
                                       performed according to SW-846
                                       methodologies. If EPA judges the
                                       stabilization process to be
                                       effective under the conditions
                                       used during the initial
                                       verification testing, BSC may
                                       replace the testing required in
                                       Condition (1)(A) with the testing
                                       required in Condition (1)(B). BSC
                                       must continue to test as
                                       specified in Condition (1)(A)
                                       until and unless notified by EPA
                                       in writing that testing in
                                       Condition (1)(A) may be replaced
                                       by Condition (1)(B) (to the
                                       extent directed by EPA).
                                        (A) Initial Verification
                                       Testing: During at least the
                                       first eight weeks of operation of
                                       the full-scale treatment system,
                                       BSC must collect and analyze
                                       weekly composites representative
                                       of the stabilized waste. Weekly
                                       composites must be composed of
                                       representative grab samples
                                       collected from every batch during
                                       each week of stabilization. The
                                       composite samples must be
                                       collected and analyzed, prior to
                                       the disposal of the stabilized
                                       filter cake, for all constituents
                                       listed in Condition (3). BSC must
                                       report the analytical test data,
                                       including a record of the ratios
                                       of lime kiln dust and fly ash
                                       used and quality control
                                       information, obtained during this
                                       initial period no later than 60
                                       days after the collection of the
                                       last composite of stabilized
                                       filter cake.
                                        (B) Subsequent Verification
                                       Testing: Following written
                                       notification by EPA, BSC may
                                       substitute the testing condition
                                       in (1)(B) for (1)(A). BSC must
                                       collect and analyze at least one
                                       composite representative of the
                                       stabilized filter cake generated
                                       each month. Monthly composites
                                       must be comprised of
                                       representative samples collected
                                       from all batches that are
                                       stabilized in a one-month period.
                                       The monthly samples must be
                                       analyzed prior to the disposal of
                                       the stabilized filter cake for
                                       chromium, lead and nickel. BSC
                                       may, at its discretion, analyze
                                       composite samples more frequently
                                       to demonstrate that smaller
                                       batches of waste are non-
                                       hazardous.
                                        (C) Annual Verification Testing:
                                       In order to confirm that the
                                       characteristics of the treated
                                       waste do not change
                                       significantly, BSC must, on an
                                       annual basis, analyze a
                                       representative composite sample
                                       of stabilized filter cake for all
                                       TC constituents listed in 40 CFR
                                       Sec.  261.24 using the method
                                       specified therein. This composite
                                       sample must represent the
                                       stabilized filter cake generated
                                       over one week.
                                        (2) Waste Holding and Handling:
                                       BSC must store, as hazardous, all
                                       stabilized filter cake generated
                                       until verification testing (as
                                       specified in Conditions (1)(A)
                                       and (1)(B)) is completed and
                                       valid analyses demonstrate that
                                       the delisting levels set forth in
                                       Condition (3) are met. If the
                                       levels of hazardous constituents
                                       measured in the samples of
                                       stabilized filter cake generated
                                       are below all the levels set
                                       forth in Condition (3), then the
                                       stabilized filter cake is non-
                                       hazardous and may be managed and
                                       disposed of in accordance with
                                       all applicable solid waste
                                       regulations. If hazardous
                                       constituent levels in any weekly
                                       or monthly composite sample equal
                                       or exceed any of the delisting
                                       levels set in Condition (3), the
                                       stabilized filter cake generated
                                       during the time period
                                       corresponding to this sample must
                                       be retreated until it is below
                                       these levels or managed and
                                       disposed of in accordance with
                                       Subtitle C of RCRA.
                                        (3) Delisting Levels: All
                                       concentrations must be measured
                                       in the waste leachate by the
                                       method specified in 40 CFR Sec.
                                       261.24. The leachable
                                       concentrations for the
                                       constituents must be below the
                                       following levels (ppm): arsenic--
                                       4.8; barium--100; cadmium--0.48;
                                       chromium--5.0; lead--1.4;
                                       mercury--0.19; nickel--9.6;
                                       selenium--1.0; silver--5.0.

[[Page 102]]

 
                                        (4) Changes in Operating
                                       Conditions: After completing the
                                       initial verification test period
                                       in Condition (1)(A), if BSC
                                       decides to significantly change
                                       the stabilization process (e.g.,
                                       stabilization reagents) developed
                                       under Condition (1), then BSC
                                       must notify EPA in writing prior
                                       to instituting the change. After
                                       written approval by EPA, BSC may
                                       manage waste generated from the
                                       changed process as non-hazardous
                                       under this exclusion, provided
                                       the other conditions of this
                                       exclusion are fulfilled.
                                        (5) Data Submittals: Two weeks
                                       prior to system start-up, BSC
                                       must notify in writing the
                                       Section Chief, Delisting Section
                                       (see address below) when
                                       stabilization of the dewatered
                                       filter cake will begin. The data
                                       obtained through Condition (1)(A)
                                       must be submitted to the Section
                                       Chief, Delisting Section, OSW
                                       (5304), U.S. EPA, 401 M Street,
                                       SW, Washington, DC 20460 within
                                       the time period specified. The
                                       analytical data, including
                                       quality control information and
                                       records of ratios of lime kiln
                                       dust and fly ash used, must be
                                       compiled and maintained on site
                                       for a minimum of five years.
                                       These data must be furnished upon
                                       request and made available for
                                       inspection by EPA or the State of
                                       Maryland. Failure to submit the
                                       required data within the
                                       specified time period or maintain
                                       the required records on site for
                                       the specified time will be
                                       considered by the Agency, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:
                                        ``Under civil and criminal
                                       penalty of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C Sec.  1001
                                       and 42 U.S.C Sec.  6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete.
                                          As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                          In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
Boeing Commercial  Auburn,            Residually contaminated soils in
 Airplane Co.       Washington.        an inactive sludge pile
                                       containment area on March 27,
                                       1990, previously used to store
                                       wastewater treatment sludges
                                       generated from electroplating
                                       operations (EPA Hazardous Waste
                                       No. F006).
Bommer Industries  Landrum, SC......  Wastewater treatment sludges (EPA
 Inc.                                  Hazardous Waste No. F006)
                                       generated from their
                                       electroplating operations and
                                       contained in evaporation ponds 1
                                       and 2 on August 12, 1987.
BWX] Technologies  Lynchburg, VA....  Wastewater treatment sludge from
                                       electroplating operations (EPA
                                       Hazardous Waste No. F006)
                                       generated at a maximum annual
                                       rate of 500 cubic yards per year,
                                       after January 14, 2000, and
                                       disposed of in a Subtitle D
                                       landfill. BWX Technologies must
                                       meet the following conditions for
                                       the exclusion to be valid:
                                      (1) Delisting Levels: All
                                       leachable concentrations for the
                                       following constituents measure
                                       using the SW-846 method 1311 (the
                                       TCLP) must not exceed the
                                       following levels (mg/l). (a)
                                       Inorganic constituents--Antimony-
                                       0.6; Arsenic-5.0; Barium-100;
                                       Beryllium-0.4; Cadmium-0.5;
                                       Chromium-5.0; Cobalt-210; Copper-
                                       130; Lead-1.5; Mercury-0.2;
                                       Nickel-70; Silver-5.0; Thallium-
                                       0.2; Tin-2100; Zinc-1000;
                                       Fluoride-400. (b) Organic
                                       constituents--Acetone-400;
                                       Methylene Chloride-0.5.
                                      (2) Verification testing schedule:
                                       BWX Technologies must analyze a
                                       representative sample of the
                                       filter cake from the pickle acid
                                       treatment system on an annual,
                                       calendar year basis using methods
                                       with appropriate detection levels
                                       and quality control procedures.
                                       If the level of any constituent
                                       measured in the sample of filter
                                       cake exceeds the levels set forth
                                       in Paragraph 1, then the waste is
                                       hazardous and must be managed in
                                       accordance with Subtitle C of
                                       RCRA. Data from the annual
                                       verification testing must be
                                       submitted to EPA within 60 days
                                       of the sampling event.
                                      (3) Changes in Operating
                                       Conditions: If BWX Technologies
                                       significantly changes the
                                       manufacturing or treatment
                                       process described in the
                                       petition, or the chemicals used
                                       in the manufacturing or treatment
                                       process, BWX Technologies may not
                                       manage the filter cake generated
                                       from the new process under this
                                       exclusion until it has met the
                                       following conditions: (a) BWX
                                       Technologies must demonstrate
                                       that the waste meets the
                                       delisting levels set forth in
                                       Paragraph 1; (b) it must
                                       demonstrate that no new hazardous
                                       constituents listed in appendix
                                       VIII of part 261 have been
                                       introduced into the manufacturing
                                       or treatment process: and (c) it
                                       must obtain prior written
                                       approval from EPA to manage the
                                       waste under this exclusion.

[[Page 103]]

 
                                      (4) Data Submittals: The data
                                       obtained under Paragraphs 2 and 3
                                       must be submitted to The Waste
                                       and Chemicals Management
                                       Division, U.S. EPA Region III,
                                       1650 Arch Street, Philadelphia,
                                       PA 19103. Records of operating
                                       conditions and analytical data
                                       must be compiled, summarized, and
                                       maintained on site for a minimum
                                       of five years and must be
                                       furnished upon request by EPA or
                                       the Commonwealth of Virginia, and
                                       made available for inspection.
                                       Failure to submit the required
                                       data within the specified time
                                       period or to maintain the
                                       required records on site for the
                                       specified time period will be
                                       considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent determined necessary by
                                       EPA. All data must be accompanied
                                       by a signed copy of the
                                       certification statement set forth
                                       in 40 CFR 260.22(i)(12) to attest
                                       to the truth and accuracy of the
                                       data submitted.
                                      (5) Reopener:
                                      (a) If BWX Technologies discovers
                                       that a condition at the facility
                                       or an assumption related to the
                                       disposal of the excluded waste
                                       that was modeled or predicted in
                                       the petition does not occur as
                                       modeled or predicted, then BWX
                                       Technologies must report any
                                       information relevant to that
                                       condition, in writing, to the
                                       Regional Administrator or his
                                       delegate within 10 days of
                                       discovering that condition.
                                      (b) Upon receiving information
                                       described in paragraph (a) of
                                       this section, regardless of its
                                       source, the Regional
                                       Administrator or his delegate
                                       will determine whether the
                                       reported condition requires
                                       further action. Further action
                                       may include repealing the
                                       exclusion, modifying the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (6) Notification Requirements: BWX
                                       Technologies must provide a one-
                                       time written notification to any
                                       State Regulatory Agency to which
                                       or through which the delisted
                                       waste described above will be
                                       transported for disposal at least
                                       60 days prior to the commencement
                                       of such activities. Failure to
                                       provide such a notification will
                                       be deemed to be a violation of
                                       this exclusion and may result in
                                       a revocation of the decision.
Capitol Products   Harrisburg, PA...  Dewatered wastewater treatment
 Corp.                                 sludges (EPA Hazardous Waste No.
                                       FO19) generated from the chemical
                                       conversion coating of aluminum
                                       after September 12, 1986.
Capitol Products   Kentland, IN.....  Dewatered wastewater treatment
 Corporation.                          sludges (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum
                                       after November 17, 1986.
Care Free          Charlotte,         Wastewater treatment sludge (EPA
 Aluminum           Michigan.          Hazardous Waste No. F019)
 Products, Inc.                        generated from the chemical
                                       conversion coating of aluminum
                                       (generated at a maximum annual
                                       rate of 100 cubic yards), after
                                       August 21, 1992. In order to
                                       confirm that the characteristics
                                       of the waste do not change
                                       significantly, the facility must,
                                       on an annual basis, analyze a
                                       representative composite sample
                                       for the constituents listed in
                                       Sec.  261.24 using the method
                                       specified therein. The annual
                                       analytical results, including
                                       quality control information, must
                                       be compiled, certified according
                                       to Sec.  260.22(i)(12),
                                       maintained on-site for a minimum
                                       of five years, and made available
                                       for inspection upon request by
                                       any employee or representative of
                                       EPA or the State of Michigan.
                                       Failure to maintain the required
                                       records on-site will be
                                       considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA.
Chamberlian-       Hot Springs, AR..  Dewatered wastewater treatment
 Featherlite, Inc.                     sludges (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum
                                       after July 16, 1986.
Cincinnati         Cincinnati, OH...  Sluiced bottom ash (approximately
 Metropolitan                          25,000 cubic yards) contained in
 Sewer District.                       the South Lagoon, on September
                                       13, 1985 which contains EPA
                                       Hazardous Waste Nos. F001, F002,
                                       F003, F004, and F005.
Clay Equipment     Cedar Falls, Iowa  Dewatered wastewater treatment
 Corporation.                          sludges (EPA Hazardous Waste No.
                                       F006) and spent cyanide bath
                                       solutions (EPA Hazardous Waste
                                       No. F009) generated from
                                       electroplating operations and
                                       disposed of in an on-site surface
                                       impoundment. This is a onetime
                                       exclusion. This exclusion was
                                       published on August 1, 1989.
Continental Can    Olympia, WA......  Dewatered wastewater treatment
 Co.                                   sludges (DPA Hazardous Waste No.
                                       FO19) generated from the chemical
                                       conversion coating of aluminum
                                       after September 12, 1986.
Dover Corp.,       Tulsa, OK........  Dewatered wastewater treatment
 Norris Div.                           sludge (EPA Hazardous Waste No.
                                       FO06) generated from their
                                       electroplating operations after
                                       April 29, 1986.
DuraTherm,         San Leon, Texas..  Desorber solids, (at a maximum
 Incorporated.                         generation of 20,000 cubic yards
                                       per calendar year) generated by
                                       DuraTherm using the thermal
                                       desorption treatment process,
                                       (EPA Hazardous Waste No. F037 and
                                       F038) and that is disposed of in
                                       subtitle D landfills after April
                                       24, 2000.
                                      For the exclusion to be valid,
                                       DuraTherm must implement a
                                       testing program that meets the
                                       following Paragraphs:
                                      (1) Delisting Levels: All
                                       leachable concentrations for
                                       those constituents must not
                                       exceed the following levels
                                       (ppm). The petitioner must use an
                                       acceptable leaching method, for
                                       example SW-846, Method 1311 to
                                       measure constituents in the waste
                                       leachate.
                                      Desorber solids (i) Inorganic
                                       Constituents Arsenic--1.35;
                                       Antimony--0.162; Barium--54.0;
                                       Beryllium--0.108; Cadmium--0.135;
                                       Chromium--0.6; Lead--0.405;
                                       Nickel--2.7; Selenium--1.0;
                                       Silver--5.0; Vanadium--5.4; Zinc--
                                       270.

[[Page 104]]

 
                                      (ii) Organic Constituents
                                       Anthracene--0.28; Benzene--0.135;
                                       Benzo(a) anthracene--0.059;
                                       Benzo(b)fluoranthene--0.11;
                                       Benzo(a)pyrene--0.061; Bis-
                                       ethylhexylphthalate--0.28; Carbon
                                       Disulfide--3.8; Chlorobenzene--
                                       0.057; Chrysene--0.059; o,m,p
                                       Cresols--54; Dibenzo (a,h)
                                       anthracene--0.055; 2,4 Dimethyl
                                       phenol--18.9; Dioctyl phthalate--
                                       0.017; Ethylbenzene--0.057;
                                       Fluoranthene--0.068; Fluorene--
                                       0.059; Naphthalene--0.059;
                                       Phenanthrene--0.059; Phenol--6.2;
                                       Pyrene--0.067; Styrene--2.7;
                                       Trichloroethylene--0.054;
                                       Toluene--0.08; Xylene--0.032
                                      (2) Waste Holding and Handling:
                                       (A) DuraTherm must store the
                                       desorber solids as described in
                                       its RCRA permit, or continue to
                                       dispose of as hazardous all
                                       desorber solids generated, until
                                       they have completed verification
                                       testing described in Paragraph
                                       (3)(A) and (B), as appropriate,
                                       and valid analyses show that
                                       paragraph (1) is satisfied.
                                      (B) In order to isolate wastes
                                       that have been processed in the
                                       unit prior to one of the waste
                                       codes to be delisted, DuraTherm
                                       must designate the first batch of
                                       F037, F038, K048, K049, K050, or
                                       K051 wastes as hazardous.
                                       Subsequent batches of these
                                       wastes which satisfy paragraph
                                       (1) are eligible for delisting if
                                       they meet the criteria in
                                       paragraph (1) and no additional
                                       constituents (other than those of
                                       the delisted waste streams) from
                                       the previously processed wastes
                                       are detected.
                                      (C) Levels of constituents
                                       measured in the samples of the
                                       desorber solids that do not
                                       exceed the levels set forth in
                                       Paragraph (1) are nonhazardous.
                                       DuraTherm can manage and dispose
                                       the nonhazardous desorber solids
                                       according to all applicable solid
                                       waste regulations.
                                      (D) If constituent levels in a
                                       sample exceed any of the
                                       delisting levels set in Paragraph
                                       (1), DuraTherm must retreat or
                                       stabilize the batches of waste
                                       used to generate the
                                       representative sample until it
                                       meets the levels in paragraph(1).
                                       DuraTherm must repeat the
                                       analyses of the treated waste.
                                      (E) If the facility has not
                                       treated the waste, DuraTherm must
                                       manage and dispose the waste
                                       generated under subtitle C of
                                       RCRA.
                                      (3) Verification Testing
                                       Requirements: DuraTherm must
                                       perform sample collection and
                                       analyses, including quality
                                       control procedures, according to
                                       SW-846 methodologies. If EPA
                                       judges the process to be
                                       effective under the operating
                                       conditions used during the
                                       initial verification testing,
                                       DuraTherm may replace the testing
                                       required in Paragraph (3)(A) with
                                       the testing required in Paragraph
                                       (3)(B). DuraTherm must continue
                                       to test as specified in Paragraph
                                       (3)(A) until and unless notified
                                       by EPA in writing that testing in
                                       Paragraph (3)(A) may be replaced
                                       by Paragraph (3)(B).
                                      (A) Initial Verification Testing:
                                       After EPA grants the final
                                       exclusion, DuraTherm must do the
                                       following:
                                      (i) Collect and analyze composites
                                       of the desorber solids.
                                      (ii) Make two composites of
                                       representative grab samples
                                       collected.
                                      (iii) Analyze the waste, before
                                       disposal, for all of the
                                       constituents listed in Paragraph
                                       1.
                                      (iv) Sixty (60) days after this
                                       exclusion becomes final, report
                                       the operational and analytical
                                       test data, including quality
                                       control information.
                                      (v) Submit the test plan for
                                       conducting the multiple pH
                                       leaching procedure to EPA for
                                       approval at least 10 days before
                                       conducting the analysis.
                                      (vi) Conduct a multiple pH
                                       leaching procedure on 10 samples
                                       collected during the sixty-day
                                       test period.
                                      (vii) The ten samples should
                                       include both non-stabilized and
                                       stabilized residual solids. If
                                       none of the samples collected
                                       during the sixty-day test period
                                       need to be stabilized, DuraTherm
                                       should provide multiple pH data
                                       on the first sample of stabilized
                                       wastes generated.
                                      (vii) Perform the toxicity
                                       characteristic leaching procedure
                                       using three different pH
                                       extraction fluids to simulate
                                       disposal under three conditions
                                       and submit the results within 60
                                       days of completion. Simulate an
                                       acidic landfill environment,
                                       basic landfill environment, and a
                                       landfill environment similar to
                                       the pH of the waste.
                                      (B) Subsequent Verification
                                       Testing: Following written
                                       notification by EPA, DuraTherm
                                       may substitute the testing
                                       conditions in (3)(B) for
                                       (3)(A)(i). DuraTherm must
                                       continue to monitor operating
                                       conditions, and analyze
                                       representative samples each
                                       quarter of operation during the
                                       first year of waste generation.
                                       The samples must represent the
                                       waste generated in one quarter.
                                       DuraTherm must run the multiple
                                       pH procedure on these waste
                                       samples.
                                      (C) Termination of Organic
                                       Testing: (i) DuraTherm must
                                       continue testing as required
                                       under Paragraph (3)(B) for
                                       organic constituents in Paragraph
                                       (1)(A)(ii), until the analytical
                                       results submitted under Paragraph
                                       (3)(B) show a minimum of two
                                       consecutive samples below the
                                       delisting levels in Paragraph
                                       (1)(A)(i), DuraTherm may then
                                       request that EPA stop quarterly
                                       organic testing. After EPA
                                       notifies DuraTherm in writing,
                                       the company may end quarterly
                                       organic testing.
                                      (ii) Following cancellation of the
                                       quarterly testing, DuraTherm must
                                       continue to test a representative
                                       composite sample for all
                                       constituents listed in Paragraph
                                       (1) annually (by twelve months
                                       after final exclusion).
                                      (4) Changes in Operating
                                       Conditions: If DuraTherm
                                       significantly changes the process
                                       described in its petition or
                                       starts any processes that
                                       generate(s) the waste that may or
                                       could affect the composition or
                                       type of waste generated as
                                       established under Paragraph (1)
                                       (by illustration, but not
                                       limitation, changes in equipment
                                       or operating conditions of the
                                       treatment process), they must
                                       notify EPA in writing; they may
                                       no longer handle the wastes
                                       generated from the new process as
                                       nonhazardous until the wastes
                                       meet the delisting levels set in
                                       Paragraph (1) and they have
                                       received written approval to do
                                       so from EPA.

[[Page 105]]

 
                                      (5) Data Submittals: DuraTherm
                                       must submit the information
                                       described below. If DuraTherm
                                       fails to submit the required data
                                       within the specified time or
                                       maintain the required records on-
                                       site for the specified time, EPA,
                                       at its discretion, will consider
                                       this sufficient basis to reopen
                                       the exclusion as described in
                                       Paragraph 6. DuraTherm must:
                                      (A) Submit the data obtained
                                       through Paragraph 3 to Mr.
                                       William Gallagher, Chief, Region
                                       6 Delisting Program, EPA, 1445
                                       Ross Avenue, Dallas, Texas 75202-
                                       2733, Mail Code, (6PD-O) within
                                       the time specified.
                                      (B) Compile records of operating
                                       conditions and analytical data
                                       from Paragraph (3), summarized,
                                       and maintained on-site for a
                                       minimum of five years.
                                      (C) Furnish these records and data
                                       when EPA or the State of Texas
                                       request them for inspection.
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted:
                                      Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      If any of this information is
                                       determined by EPA in its sole
                                       discretion to be false,
                                       inaccurate or incomplete, and
                                       upon conveyance of this fact to
                                       the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      (6) Reopener Language: (A) If,
                                       anytime after disposal of the
                                       delisted waste, DuraTherm
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Regional Administrator or his
                                       delegate in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Regional Administrator or his
                                       delegate within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (B) If the annual testing of the
                                       waste does not meet the delisting
                                       requirements in Paragraph 1,
                                       DuraTherm must report the data,
                                       in writing, to the Regional
                                       Administrator or his delegate
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (C) If DuraTherm fails to submit
                                       the information described in
                                       paragraphs (5),(6)(A) or (6)(B)
                                       or if any other information is
                                       received from any source, the
                                       Regional Administrator or his
                                       delegate will make a preliminary
                                       determination as to whether the
                                       reported information requires
                                       Agency action to protect human
                                       health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (D) If the Regional Administrator
                                       or his delegate determines that
                                       the reported information does
                                       require Agency action, the
                                       Regional Administrator or his
                                       delegate will notify the facility
                                       in writing of the actions the
                                       Regional Administrator or his
                                       delegate believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Regional Administrator or his
                                       delegate's notice to present such
                                       information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(D) or
                                       (if no information is presented
                                       under paragraph (6)(D)) the
                                       initial receipt of information
                                       described in paragraphs (5),
                                       (6)(A) or (6)(B), the Regional
                                       Administrator or his delegate
                                       will issue a final written
                                       determination describing the
                                       Agency actions that are necessary
                                       to protect human health or the
                                       environment. Any required action
                                       described in the Regional
                                       Administrator or his delegate's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator or his
                                       delegate provides otherwise.
                                      (7) Notification Requirements:
                                       DuraTherm must do following
                                       before transporting the delisted
                                       waste: Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
                                      (A) Provide a one-time written
                                       notification to any State
                                       Regulatory Agency to which or
                                       through which they will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update the one-time written
                                       notification if they ship the
                                       delisted waste into a different
                                       disposal facility.

[[Page 106]]

 
Eli Lilly and      Clinton, Indiana.  Incinerator scrubber liquids,
 Company.                              entering and contained in their
                                       onsite surface impoundment, and
                                       solids settling from these
                                       liquids originating from the
                                       burning of spent solvents (EPA
                                       Hazardous Waste Nos. F002, F003,
                                       and F005) contained in their
                                       onsite surface impoundment and
                                       solids retention area on August
                                       18, 1988 and any new incinerator
                                       scubber liquids and settled
                                       solids generated in the surface
                                       impoundment and and disposed of
                                       in the retention are after August
                                       12, 1988.
Envirite of        Harvey, Illinois.  See waste description under
 Illinois                              Envirite of Pennsylvania.
 (formerly
 Envirite
 Corporation).
Envirite of Ohio   Canton, Ohio.....  See waste description under
 (formerly                             Envirite of Pennsylvania.
 Envirite
 Corporation).
Envirite of         York,             Dewatered wastewater sludges (EPA
 Pennsylvania       Pennsylvania.      Hazardous Waste No .F006)
 (formerly                             generated from electroplating
 Envirite                              operations; spent cyanide plating
 Corporation).                         solutions (EPA Hazardous Waste
                                       No. F007) generated from
                                       electroplating operations;
                                       plating bath residues from the
                                       bottom of plating baths (EPA
                                       Hazardous Waste No. F008)
                                       generated from electroplating
                                       operations where cyanides are
                                       used in the process; spent
                                       stripping and cleaning bath
                                       solutions (EPA Hazardous Waste
                                       No. F009) generated from
                                       electroplating operations where
                                       cyanides are used in the process;
                                       spent cyanide solutions from salt
                                       bath pot cleaning (EPA Hazardous
                                       Waste No. F011) generated from
                                       metal heat treating operations;
                                       quenching wastewater treatment
                                       sludges (EPA Hazardous Waste No.
                                       F012) generated from metal heat
                                       treating where cyanides are used
                                       in the process; wastewater
                                       treatment sludges (EPA Hazardous
                                       Waste No. F019) generated from
                                       the chemical conversion coating
                                       of aluminum after November 14,
                                       1986. To ensure that hazardous
                                       constituents are not present in
                                       the waste at levels of regulatory
                                       concern, the facility must
                                       implement a contingency testing
                                       program for the petitioned waste.
                                       This testing program must meet
                                       the following conditions for the
                                       exclusions to be valid:
                                      (1) Each batch of treatment
                                       residue must be representatively
                                       sampled and tested using the EP
                                       Toxicity test for arsenic,
                                       barium, cadmium, chromium, lead,
                                       selenium, silver, mercury, and
                                       nickel. If the extract
                                       concentrations for chromium,
                                       lead, arsenic, and silver exceed
                                       0.315 ppm; barium levels exceed
                                       6.3 ppm; cadmium and selenium
                                       exceed 0.063 ppm; mercury exceeds
                                       0.0126 ppm; or nickel levels
                                       exceed 2.205 ppm; the waste must
                                       be re-treated or managed and
                                       disposed as a hazardous waste
                                       under 40 CFR Parts 262 to 265 and
                                       the permitting standards of 40
                                       CFR Part 270.
                                      (2) Each batch of treatment
                                       residue must be tested for
                                       reactive and leachable cyanide.
                                       If the reactive cyanide levels
                                       exceed 250 ppm or leachable
                                       cyanide levels (using the EP
                                       Toxicity test without acetic acid
                                       adjustment) exceed 1.26 ppm, the
                                       waste must be re-treated or
                                       managed and disposed as a
                                       hazardous waste under 40 CFR
                                       Parts 262 to 265 and the
                                       permitting standards of 40 CFR
                                       Part 270.
                                      (3) Each batch of waste must be
                                       tested for the total content of
                                       specific organic toxicants. If
                                       the total content of anthracene
                                       exceeds 76.8 ppm, 1,2-diphenyl
                                       hydrazine exceeds 0.001 ppm,
                                       methylene chloride exceeds 8.18
                                       ppm, methyl ethyl ketone exceeds
                                       326 ppm, n-nitrosodiphenylamine
                                       exceeds 11.9 ppm, phenol exceeds
                                       1,566 ppm, tetrachloroethylene
                                       exceeds 0.188 ppm, or
                                       trichloroethylene exceeds 0.592
                                       ppm, the waste must be managed
                                       and disposed as a hazardous waste
                                       under 40 CFR Parts 262 to 265 and
                                       the permitting standards of 40
                                       CFR Part 270.
                                      (4) A grab sample must be
                                       collected from each batch to form
                                       one monthly composite sample
                                       which must be tested using GC/MS
                                       analysis for the compounds listed
                                       in #3, above, as well as the
                                       remaining organics on the
                                       priority pollutant list. (See 47
                                       FR 52309, November 19, 1982, for
                                       a list of the priority
                                       pollutants.)
                                      (5) The data from conditions 1-4
                                       must be kept on file at the
                                       facility for inspection purposes
                                       and must be compiled, summarized,
                                       and submitted to the
                                       Administrator by certified mail
                                       semi-annually. The Agency will
                                       review this information and if
                                       needed will propose to modify or
                                       withdraw the exclusion. The
                                       organics testing described in
                                       conditions 3 and 4, above, are
                                       not required until six months
                                       from the date of promulgation.
                                       The Agency's decision to
                                       conditionally exclude the
                                       treatment residue generated from
                                       the wastewater treatment systems
                                       at these facilities applies only
                                       to the wastewater and solids
                                       treatment systems as they
                                       presently exist as described in
                                       the delisting petition. The
                                       exclusion does not apply to the
                                       proposed process additions
                                       described in the petition as
                                       recovery including
                                       crystallization, electrolytic
                                       metals recovery, evaporative
                                       recovery, and ion exchange.

[[Page 107]]

 
EPA's Mobile       Denney Farm Site;  Process wastewater, rotary kiln
 Incineration       McDowell, MO.      ash, CHEAF media, and other
 System.                               solids (except spent activated
                                       carbon) (EPA Hazardous Waste Nos.
                                       F020, F022, F023, F026, F027, and
                                       F028) generated during the field
                                       demonstration of EPA's Mobile
                                       Incinerator at the Denney Farm
                                       Site in McDowell, Missouri, after
                                       July 25, 1985, so long as: (1)
                                       The incinerator is functioning
                                       properly; (2) a grab sample is
                                       taken from each tank of
                                       wastewater generated and the EP
                                       leachate values do not exceed
                                       0.03 ppm for mercury, 0.14 ppm
                                       for selenium, and 0.68 ppm for
                                       chromium; and (3) a grab sample
                                       is taken from each drum of soil
                                       or ash generated and a core
                                       sample is collected from each
                                       CHEAF roll generated and the EP
                                       leachate values of daily
                                       composites do not exceed 0.044
                                       ppm in ash or CHEAF media for
                                       mercury or 0.22 ppm in ash or
                                       CHEAF media for selenium.
Falconer Glass     Falconer, NY.....  Wastewater treatment sludges from
 Indust., Inc.                         the filter press and magnetic
                                       drum separator (EPA Hazardous
                                       Waste No. F006) generated from
                                       electroplating operations after
                                       July 16, 1986.
Florida            Daytona Beach,     This is a one-time exclusion.
 Production         Florida.           Wastewater treatment sludges (EPA
 Engineering                           Hazardous Waste No. F006)
 Company.                              generated from electroplating
                                       operations and contained in four
                                       on-site trenches on January 23,
                                       1987.
General Electric   Shreveport         Wastewater treatment sludges (EPA
 Company.           Louisiana.         Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations and contained in four
                                       on-site treatment ponds on August
                                       12, 1987.
General Motors     Elyria, OH.......  The residue generated from the use
 Corp., Fisher                         of the Chemfix
 Body Division.                        treatment process on sludge (EPA
                                       Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations and contained in three
                                       on-site surface impoundments on
                                       November 14, 1986. To assure that
                                       stabilization occurs, the
                                       following conditions apply to
                                       this exclusion:
                                      (1) Mixing ratios shall be
                                       monitored continuously to assure
                                       consistent treatment.
                                      (2) One grab sample of the treated
                                       waste shall be taken each hour as
                                       it is pumped to the holding area
                                       (cell) from each trailer unit. At
                                       the end of each production day,
                                       the grab samples from the
                                       individual trailer units will be
                                       composited and the EP toxicity
                                       test will be run on each
                                       composite sample. If lead or
                                       total chromium concentrations
                                       exceed 0.315 ppm or if nickel
                                       exceeds 2.17 ppm, in the EP
                                       extract, the waste will be
                                       removed and retreated or disposed
                                       of as a hazardous waste.
                                      (3) The treated waste shall be
                                       pumped into bermed cells which
                                       are constructed to assure that
                                       the treated waste is identifiable
                                       and retrievable (i.e., the
                                       material can be removed and
                                       either disposed of as a hazardous
                                       waste or retreated if conditions
                                       1 or 2 are not met).
                                      Failure to satisfy any of these
                                       conditions would render the
                                       exclusion void. This is a one-
                                       time exclusion, applicable only
                                       to the residue generated from the
                                       use of the Chemfix
                                       treatment process on the sludge
                                       currently contained in the three
                                       on-site surface impoundments.
General Motors     Lake Orion,        Wastewater treatment plant (WWTP)
 Corporation.       Michigan.          sludge from the chemical
                                       conversion coating (phosphate
                                       coating) of aluminum (EPA
                                       Hazardous Waste No. F019)
                                       generated at a maximum annual
                                       rate of 1,500 tons per year (or
                                       1,500 cubic yards per year),
                                       after October 24, 1997 and
                                       disposed of in a Subtitle D
                                       landfill.
                                      1. Verification Testing: GM must
                                       implement an annual testing
                                       program to demonstrate, based on
                                       the analysis of a minimum of four
                                       representative samples, that the
                                       constituent concentrations
                                       measured in the TCLP (or OWEP,
                                       where appropriate) extract of the
                                       waste are within specific levels.
                                       The constituent concentrations
                                       must not exceed the following
                                       levels (mg/l) which are back-
                                       calculated from the delisting
                                       health-based levels and a DAF of
                                       90: Arsenic--4.5; Cobalt--189;
                                       Copper-- 126; Nickel--63;
                                       Vanadium--18; Zinc--900; 1,2-
                                       Dichloroethane--0.45;
                                       Ethylbenzene--63; 4-Methylphenol--
                                       16.2; Naphthalene--90; Phenol--
                                       1800; and Xylene--900. The
                                       constituent concentrations must
                                       also be less than the following
                                       levels (mg/l) which are the
                                       toxicity characteristic levels:
                                       Barium--100.0; and Chromium
                                       (total)--5.0.
                                      2. Changes in Operating
                                       Conditions: If GM significantly
                                       changes the manufacturing or
                                       treatment process or the
                                       chemicals used in the
                                       manufacturing or treatment
                                       process, GM may handle the WWTP
                                       filter press sludge generated
                                       from the new process under this
                                       exclusion after the facility has
                                       demonstrated that the waste meets
                                       the levels set forth in paragraph
                                       1 and that no new hazardous
                                       constituents listed in Appendix
                                       VIII of Part 261 have been
                                       introduced.
                                      3. Data Submittals: The data
                                       obtained through annual
                                       verification testing or paragraph
                                       2 must be submitted to U.S. EPA
                                       Region 5, 77 W. Jackson Blvd.,
                                       Chicago, IL 60604-3590, within 60
                                       days of sampling. Records of
                                       operating conditions and
                                       analytical data must be compiled,
                                       summarized, and maintained on
                                       site for a minimum of five years
                                       and must be made available for
                                       inspection. All data must be
                                       accompanied by a signed copy of
                                       the certification statement in
                                       260.22(I)(12).
General Motors     Lansing, Michigan  Wastewater treatment plant (WWTP)
 Corporation.                          sludge from the chemical
 Lansing Car                           conversion coating (phosphate
 Assembly--Body                        coating) of aluminum (EPA
 Plant.                                Hazardous Waste No. F019)
                                       generated at a maximum annual
                                       rate of 1,250 cubic yards per
                                       year and disposed of in a
                                       Subtitle D landfill, after May
                                       16, 2000.
                                      1. Delisting Levels:

[[Page 108]]

 
                                        (A) The constituent
                                         concentrations measured in the
                                         TCLP extract may not exceed the
                                         following levels (mg/L):
                                         Antimony--0.576; Arsenic--4.8;
                                         Barium--100; Beryllium--0.384;
                                         Cadmium--0.48; Chromium
                                         (total)--5; Cobalt--201.6;
                                         Copper--124.8; Lead--1.44;
                                         Mercury--0.192; Nickel--67.2;
                                         Selenium--1; Silver--5;
                                         Thallium--0.192; Tin--2016;
                                         Vanadium--28.8; Zinc--960;
                                         Cyanide--19.2; Fluoride--384;
                                         Acetone--336; m,p--Cresol--
                                         19.2; 1,1--Dichloroethane--
                                         0.0864; Ethylbenzene--67.2;
                                         Formaldehyde--672; Phenol--
                                         1920; Toluene--96; 1,1,1--
                                         Trichloroethane--19.2; Xylene--
                                         960.
                                        (B) The total concentration of
                                         formaldehyde in the waste may
                                         not exceed 2100 mg/kg.
                                        (C) Analysis for determining
                                         reactivity from sulfide must be
                                         added to verification testing
                                         when an EPA-approved method
                                         becomes available.
                                      2. Verification Testing: GM must
                                       implement an annual testing
                                       program to demonstrate that the
                                       constituent concentrations
                                       measured in the TCLP extract (or
                                       OWEP, where appropriate) of the
                                       waste do not exceed the delisting
                                       levels established in Condition
                                       (1).
                                      3. Changes in Operating
                                       Conditions: If GM significantly
                                       changes the manufacturing or
                                       treatment process or the
                                       chemicals used in the
                                       manufacturing or treatment
                                       process, GM must notify the EPA
                                       of the changes in writing. GM
                                       must handle wastes generated
                                       after the process change as
                                       hazardous until GM has
                                       demonstrated that the wastes meet
                                       the delisting levels set forth in
                                       Condition (1), that no new
                                       hazardous constituents listed in
                                       Appendix VIII of Part 261 have
                                       been introduced, and GM has
                                       received written approval from
                                       EPA.
                                      4. Data Submittals: GM must submit
                                       the data obtained through annual
                                       verification testing or as
                                       required by other conditions of
                                       this rule to U.S. EPA Region 5,
                                       77 W. Jackson Blvd. (DW-8J),
                                       Chicago, IL 60604, within 60 days
                                       of sampling. GM must compile,
                                       summarize, and maintain on site
                                       for a minimum of five years
                                       records of operating conditions
                                       and analytical data. GM must make
                                       these records available for
                                       inspection. All data must be
                                       accompanied by a signed copy of
                                       the certification statement in 40
                                       CFR 260.22(i)(12).
                                      5. Reopener Language--(a) If,
                                       anytime after disposal of the
                                       delisted waste, GM possesses or
                                       is otherwise made aware of any
                                       environmental data (including but
                                       not limited to leachate data or
                                       groundwater monitoring data) or
                                       any other data relevant to the
                                       delisted waste indicating that
                                       any constituent identified in
                                       Condition (1) is at a level in
                                       the leachate higher than the
                                       delisting level established in
                                       Condition (1), or is at a level
                                       in the ground water or soil
                                       higher than the level predicted
                                       by the CML model, then GM must
                                       notify the Regional Administrator
                                       in writing within 10 days and
                                       must report the data within 45
                                       days of first possessing or being
                                       made aware of that data.
                                      (b) Based on the information
                                       described in paragraph (a) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (c) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify GM in
                                       writing of the actions the
                                       Regional Administrator believes
                                       are necessary to protect human
                                       health and the environment. The
                                       notice shall include a statement
                                       of the proposed action and a
                                       statement providing GM with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. GM shall have
                                       10 days from the date of the
                                       Regional Administrator's notice
                                       to present the information.
                                      (d) If after 10 days GM presents
                                       no further information, the
                                       Regional Administrator will issue
                                       a final written determination
                                       describing the Agency actions
                                       that are necessary to protect
                                       human health or the environment.
                                       Any required action described in
                                       the Regional Administrator's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator provides
                                       otherwise.
Geological         Morrisville, PA..  Wastewater treatment sludge filter
 Reclamation                           cake from the treatment of EPA
 Operations and                        Hazardous Waste No. F039,
 Systems, Inc.                         generated at a maximum annual
                                       rate of 1,000 cubic yards. This
                                       exclusion was published on August
                                       20, 1991. This exclusion covers
                                       the filter cake resulting from
                                       the treatment of hazardous
                                       leachate derived from only
                                       ``old'' GROWS and non-hazardous
                                       leachate derived from only non-
                                       hazardous sources. This exclusion
                                       does not address the wastes
                                       disposed of in the ``old'' GROWS
                                       Landfill or the grit generated
                                       during the removal of heavy
                                       solids from the landfill
                                       leachate. To ensure that
                                       hazardous constituents are not
                                       present in the filter cake at
                                       levels of regulatory concern,
                                       GROWS must implement a testing
                                       program for the petitioned waste.
                                       This testing program must meet
                                       the conditions listed below in
                                       order for the exclusion to be
                                       valid:
                                      (1) Testing: Sample collection and
                                       analyses, including quality
                                       control (QC) procedures, must be
                                       performed according to SW-846
                                       methodologies.
                                      (A) Sample Collection: Each batch
                                       of waste generated over a four-
                                       week period must be collected in
                                       containers with a maximum
                                       capacity of 20-cubic yards. At
                                       the end of the four-week period,
                                       each container must be divided
                                       into four quadrants and a single,
                                       full-depth core sample shall be
                                       collected from each quadrant. All
                                       of the full-depth core samples
                                       then must be composited under
                                       laboratory conditions to produce
                                       one representative composite
                                       sample for the four-week period.

[[Page 109]]

 
                                      (B) Sample Analysis: Each four-
                                       week composite sample must be
                                       analyzed for all of the
                                       constituents listed in Condition
                                       (3). The analytical data,
                                       including quality control
                                       information, must be compiled and
                                       maintained on site for a minimum
                                       of three years. These data must
                                       be furnished upon request by any
                                       employee or representative of EPA
                                       or state of Pennsylvania.
                                      (2) Waste Holding: The dewatered
                                       filter cake waste must be stored
                                       as hazardous until the
                                       verification analyses are
                                       completed.
                                      If the four-week composite sample
                                       does not exceed any of the
                                       delisting levels set in Condition
                                       (3), the filter cake waste
                                       corresponding to this sample may
                                       be managed and disposed of in
                                       accordance with all applicable
                                       solid waste regulations. If the
                                       four-week composite sample
                                       exceeds any of the delisting
                                       levels set in Condition (3), the
                                       filter cake waste generated
                                       during the time period
                                       corresponding to the four-week
                                       composite sample must be
                                       retreated until it meets these
                                       levels (analyses must be
                                       repeated) or managed and disposed
                                       of in accordance with subtitle C
                                       of RCRA.
                                      Filter cake waste which is
                                       generated but for which analyses
                                       are not complete or valid must be
                                       managed and disposed of in
                                       accordance with subtitle C of
                                       RCRA, until valid analyses
                                       demonstrate that the waste meets
                                       the delisting levels.
                                      (3) Delisting Levels: If the
                                       concentrations in the four-week
                                       composite sample of the filter
                                       cake waste for any of the
                                       hazardous constituents listed
                                       below exceed their respective
                                       maximum allowable concentrations
                                       (ppm) also listed below, the four-
                                       week batch of failing filter cake
                                       waste must either be retreated
                                       until it meets these levels or
                                       managed and disposed of in
                                       accordance with subtitle C of
                                       RCRA.
 
                                      (A) Inorganics (Leachable):
                                      Arsenic--0.79
                                      Barium--15.9
                                      Cadmium--0.16
                                      Chromium--0.79
                                      Cyanide--11.1
                                      Lead--0.79
                                      Mercury--0.032
                                      Selenium--0.16
                                      Silver--0.79
                                      Nickel--11.1
                                      Leachable metal concentrations
                                       must be measured in the filter
                                       cake leachate as per 40 CFR Sec.
                                       261.24. Cyanide extractions must
                                       be conducted using distilled
                                       water in place of the leaching
                                       media per 40 CFR Sec.  261.24.
 
                                      (B) Organics:
                                      Acetone--2.02E+03
                                      Acetophenone--3.53E+04
                                      Acetonitrile; Methyl cyanide--
                                       2.43E+01
                                      Acrolein--1.38E+02
                                      Acrylonitrile--6.26E-04
                                      Aldrin--5.27E-03
                                      Aniline--8.72E-01
                                      Anthracene--3.01E+02
                                      Benzene--3.47E+00
                                      Benzo[a]anthracene--5.78E-01
                                      Benzo(b)fluoranthene--6.41E-01
                                      Benzo(k)fluoranthene--3.04E+03
                                      Benzo[a]pyrene--1.51E-01
                                      gamma-BHC; Lindane--5.90E-01
                                      Bis(2-chloroethyl) ether--6.94E-04
                                      Bis(2-ethylhexyl) phthalate--
                                       1.64E+02
                                      Bromodichloromethane--2.94E+03
                                      Bromoform; Tribromomethane--
                                       3.76E+03
                                      Butyl benzyl phthalate--2.49E+05
                                      Carbon disulfide--4.98E+04
                                      Carbon tetrachloride--5.49E+00
                                      Chlordane--7.51E+01
                                      p-Chloroaniline--1.85E+02
                                      Chlorobenzene--5.95E+02
                                      Chlorobenzilate--1.68E+03
                                      p-Chloro-m-cresol--5.18E+02
                                      Chloroform--1.94E+00
                                      2-Chlorophenol--1.72E+02
                                      Chrysene--5.92E+01
                                      Cresol--4.91E+03
                                      2,4-D; 2,4-Dichlorophenoxyacetic
                                       acid--4.17E+02
                                      4,4'-DDD; DDD--2.33E+00
                                      4,4'-DDE; DDE--3.86E+00
                                      4,4'-DDT; DDT--1.21E+01
                                      Dibenz[a,h]anthracene--2.86E-02

[[Page 110]]

 
                                      Dibromochloromethane;
                                       Chlorodibromomethane--3.05E+03
                                      1,2-Dibromo-3-chloropropane--4.09E-
                                       02
                                      1,2-Dibromoethane; Ethylene
                                       dibromide--2.37E-03
                                      Di-n-butyl phthalate--9.84E+05
                                      o-Dichlorobenzene; 1,2-
                                       Dichlorobenzene--1.95E+04
                                      m-Dichlorobenzene; 1,3-
                                       Dichlorobenzene--1.87E+05
                                      p-Dichlorobenzene; 1,4-
                                       Dichlorobenzene--1.03E+03
                                      3,3'-Dichlorobenzidine--2.21E-01
                                      Dichlorodifluoromethane--4.15E+05
                                      1,1-Dichloroethane--4.45E-02
                                      1,2-Dichloroethane; Ethylene
                                       dichloride--1.45E+00
                                      1,1-Dichloroethylene--4.96E+00
                                      trans-1,2-Dichloroethylene--
                                       1.42E+02
                                      2,4-Dichlorophenol--1.69E+02
                                      1,2-Dichloropropane--2.73E+00
                                      1,3-Dichloropropene (total cis and
                                       trans isomers)--2.32E-02
                                      Dieldrin--5.04E-03
                                      Diethyl phthalate--1.00E+06
                                      Dimethoate--1.32E+00
                                      7,12-Dimethylbenz[a]anthracene--
                                       1.46E-02
                                      2,4-Dimethylphenol--4.87E+01
                                      Dimethyl phthalate--1.00E+06
                                      m-Dinitrobenzene--5.14E+00
                                      4,6-Dinitro-o-cresol--2.00E+02
                                      2,4-Dinitrophenol--8.96E+01
                                      Dinitrotoluene (total of-2,4- and
                                       2,6- isomers)--4.54E-03
                                      Dinoseb; DNBP--5.26E+02
                                      Di-n-octyl phthalate--1.34E+05
                                      1,4-Dioxane--7.89E-02
                                      Diphenylamine--4.81E+04
                                      Disulfoton--3.34E+00
                                      Endosulfan I and Endosulfan II
                                       (total)--7.74E+01
                                      Endrin--3.92E+00
                                      Ethylbenzene--1.94E+04
                                      Fluoranthene--1.16E+05
                                      Fluorene--4.09E+01
                                      Heptachlor--1.31E+01
                                      Heptachlor epoxide--3.26E+00
                                      Hexachlorobenzene--1.02E+00
                                      Hexachlorobutadiene--2.01E+01
                                      Hexachlorocyclopentadiene--3.23E+0
                                       4
                                      Hexachloroethane--1.15E+01
                                      Hexachlorophene;--1.22E+04
                                      Indeno (1,2,3-cd) pyrene--1.16E+02
                                      Isobutyl alcohol; Isobutanol--
                                       3.22E+04
                                      Isophorone--2.86E+00
                                      Methacrylonitrile; 2-methyl-2-
                                       Propenenitrile--5.77E-01
                                      Methoxychlor--1.03E+05
                                      Methylbromide; Bromomethane--
                                       1.41E+02
                                      Methyl chloride; Chloromethane--
                                       3.22E+04
                                      Methylene chloride;
                                       Dichloromethane--9.07E-01
                                      Methyl ethyl ketone; 2-Butanone--
                                       1.50E+03
                                      Methyl methacrylate--5.08E+05
                                      Methyl parathion; Phosphorothioic
                                       acid--5.27E+01
                                      4-Methyl-2-pentanone; Methyl
                                       isobutyl ketone--6.40E+03
                                      Naphthalene--1.00E+06
                                      Nitrobenzene--2.56E+01
                                      N-Nitroso-di-n-butylamine--8.15E-
                                       05
                                      N-Nitrosodiethylamine--2.00E-07
                                      N-Nitrosodimethylamine--2.19E-05
                                      N-Nitrosodiphenylamine--4.55E+01
                                      N-Nitrosodipropylamine; Di-n-
                                       propylnitrosamine; N-Nitrosodi-n-
                                       propylamine--5.02E-05
                                      Nitrosopyrrolidine; N-
                                       Nitrosopyrrolidine; l-nitroso-
                                       Pyrrolidine--3.06E-05
                                      Polychlorinated biphenyls;--
                                       4.77E+01
                                      Pentachlorobenzene--8.91E+03
                                      Pentachloronitrobenzene--2.82E+00
                                      Pentachlorophenol--1.14E+04
                                      Phenanthrene--5.46E+01
                                      Phenol--8.00E+04
                                      Pronamide--2.13E+05
                                      Pyrene--1.00E+06
                                      Pyridine--1.31E+01

[[Page 111]]

 
                                      Silvex; 2,4,5-TP; 2-(2,4,5-
                                       trichlorophenoxy)-Propanoic acid--
                                       3.87E+01
                                      Styrene--9.14E+00
                                      2,4,5-T; 2,4,5-
                                       Trichlorophenoxyacetic acid--
                                       6.63E+03
                                      1,2,4,5-Tetrachlorobenzene--
                                       2.19E+02
                                      1,1,2,2-Tetrachloroethane--2.28E-
                                       02
                                      Tetrachloroethene;
                                       Tetrachloroethylene--1.34E+01
                                      2,3,4,6-Tetrachlorophenol--
                                       1.17E+04
                                      Tetraethyl dithiopyrophosphate--
                                       2.51E+02
                                      Toluene--4.58E+04
                                      Toxaphene--3.09E+02
                                      1,2,4-Trichlorobenzene--4.75E+04
                                      1,1,1-Trichloroethane--8.70E+02
                                      1,1,2-Trichloroethane--9.03E-02
                                      Trichloroethylene;
                                       Trichloroethene--4.47E+00
                                      Trichlorofluoromethane--3.31E+05
                                      2,4,5-Trichlorophenol--8.20E+04
                                      2,4,6-Trichlorophenol--1.38E+00
                                      1,2,3-Trichloropropane--5.46E+02
                                      sym-Trinitrobenzene--2.17E+00
                                      Vinyl chloride--7.11E-01
                                      Xylene (total)--8.49E+05
Goodyear Tire and  Randleman, NC....  Dewatered wastewater treatment
 Rubber Co.                            sludges (EPA Hazardous Waste No.
                                       F006) generated from
                                       electroplating operations.
Gould, Inc.......  McConnelsville,    Wastewater treatment sludge (EPA
                    OH.                Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after November 27,
                                       1985.
Hoechst Celanese   Bucks, Alabama...  Distillation bottoms generated (at
 Corporation.                          a maximum annual rate of 31,500
                                       cubic yards) from the production
                                       of sodium hydrosulfite (EPA
                                       Hazardous Waste No. F003). This
                                       exclusion was published on July
                                       17, 1990. This exclusion does not
                                       include the waste contained in
                                       Hoechst Celanese's on-site
                                       surface impoundment.
Hoechst Celanese   Leeds, South       Distillation bottoms generated (at
 Corporation.       Carolina.          a maximum annual rate of 38,500
                                       cubic yards) from the production
                                       of sodium hydrosulfite (EPA
                                       Hazardous Waste No. F003). This
                                       exclusion was published on July
                                       17, 1990.
Hanover Wire       Hanover,           Dewatered filter cake (EPA
 Cloth Division.    Pennsylvania.      Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after August 15, 1986.
Holston Army       Kingsport,         Dewatered wastewater treatment
 Ammunition Plant.  Tennessee.         sludges (EPA Hazardous Waste Nos.
                                       F003, F005, and K044) generated
                                       from the manufacturing and
                                       processing of explosives and
                                       containing spent non-halogenated
                                       solvents after November 14, 1986.
Imperial Clevite.  Salem, IN........  Solid resin cakes containing EPA
                                       Hazardous Waste No. F002
                                       generated after August 27, 1985,
                                       from solvent recovery operations.
Indiana Steel &    Munci, IN........  Dewatered wastewater treatment
 Wire Corporation                      sludges (EPA Hazardous Waste Nos.
 (formerly                             F006 and K062) generated from
 General Cable                         electroplating operations and
 Co.).                                 steel finishing operations after
                                       October 24, 1986. This exclusion
                                       does not apply to sludges in any
                                       on-site impoundments as of this
                                       date.
International      Terre Haute,       Spent non-halogenated solvents and
 Minerals and       Indiana.           still bottoms (EPA Hazardous
 Chemical                              Waste No. F003) generated from
 Corporation.                          the recovery of n-butyl alchohol
                                       after August 15, 1986.
Kawneer Company,   Springdale,        Wastewater treatment filter press
 Incorporated.      Arkansas.          sludge (EPA Hazardous Waste No.
                                       F019) generated (at a maximum
                                       annual rate of 26 cubic yards)
                                       from the chemical conversion
                                       coating of aluminum. This
                                       exclusion was published on
                                       November 13, 1990.
Kay-Fries, Inc...  Stoney Point, NY.  Biological aeration lagoon sludge
                                       and filter press sludge generated
                                       after September 21, 1984, which
                                       contain EPA Hazardous Waste Nos.
                                       F003 and F005 as well as that
                                       disposed of in a holding lagoon
                                       as of September 21, 1984.
Keymark Corp.....  Fonda, NY........  Wastewater treatment sludge (EPA
                                       Hazardous Waste No. F019)
                                       generated from chemical
                                       conversion coating of aluminum
                                       after November 27, 1985.
Keymark Corp.....  Fonda, NY........  Wastewater treatment sludges (EPA
                                       Hazardous Waste No. F019)
                                       generated from the chemical
                                       conversion coating of aluminum
                                       and contained in an on-site
                                       impoundment on August 12, 1987.
                                       This is a one-time exclusion.
Lederle            Pearl River, NY..  Spent non-halogenated solvents and
 Laboratories.                         still bottoms (EPA Hazardous
                                       Waste Nos. F003 and F005)
                                       generated from the recovery of
                                       the following solvents: Xylene,
                                       acetone, ethyl acetate, ethyl
                                       ether, methyl isobutyl ketone, n-
                                       butyl alcohol, cyclohexanone,
                                       methanol, toluene, and pyridine
                                       after August 2, 1988. Excusion
                                       applies to primary and secondary
                                       filter press sludges and compost
                                       soils generated from these
                                       sludges.
Lincoln Plating    Lincoln, NE......  Wastewater treatment sludges (EPA
 Company.                              Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after November 17,
                                       1986.
Loxcreen Company,  Hayti, MO........  Dewatered wastewater treatment
 Inc.                                  sludges (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum
                                       after July 16, 1986.

[[Page 112]]

 
MAHLE, Inc.......  Morristown,        Wastewater treatment sludge filter
                    Tennessee.         cake (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum
                                       (generated at a maximum annual
                                       rate of 33 cubic yards), after
                                       August 21, 1992. In order to
                                       confirm that the characteristics
                                       of the waste do not change
                                       significantly, the facility must,
                                       on an annual basis sample and
                                       test for the constituents listed
                                       in 40 CFR 261.24 using the method
                                       specified therein. The annual
                                       analytical results (including
                                       quality control information) must
                                       be compiled, certified according
                                       to 40 CFR 260.22(i)(12),
                                       maintained on-site for a minimum
                                       of five years, and made available
                                       for inspection upon request by
                                       representatives of EPA or the
                                       State of Tennessee. Failure to
                                       maintain the required records on-
                                       site will be considered by EPA,
                                       at its discretion, sufficient
                                       basis to revoke the exclusion to
                                       the extent directed by EPA.
Marquette          Milwaukee,         Wastewater treatment sludge (EPA
 Electronics        Wisconsin.         Hazardous Waste No. F006)
 Incorporated.                         generated from electroplating
                                       operations. This exclusion was
                                       published on April 20, 1989.
Martin Marietta    Ocala, Florida...  Dewatered wastewater treatment
 Aerospace.                            sludges (EPA Hazardous Waste No.
                                       F006) generated from
                                       electroplating operations after
                                       January 23, 1987.
Mason              Bay St. Louis,     Wastewater treatment sludge filter
 Chamberlain,       Mississippi.       cake (EPA Hazardous Waste No.
 Incorporated.                         F019) generated (at a maximum
                                       annual rate of 1,262 cubic yards)
                                       from the chemical conversion
                                       coating of aluminum. This
                                       exclusion was published on
                                       October 27, 1989.
Maytag Company...  Newton, IA.......  Wastewater treatment sludges (EPA
                                       Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations and wastewater
                                       treatment sludges (EPA Hazardous
                                       Waste No. F019) generated from
                                       the chemical conversion coating
                                       of aluminum November 17, 1986.
McDonnell Douglas  Tulsa, Oklahoma..  Stabilized wastewater treatment
 Corporation.                          sludges from surface impoundments
                                       previously closed as a landfill
                                       (at a maximum generation of
                                       85,000 cubic yards on a one-time
                                       basis). EPA Hazardous Waste No.
                                       F019, F002, F003, and F005
                                       generated at U.S. Air Force Plant
                                       No. 3, Tulsa, Oklahoma and is
                                       disposed of in Subtitle D
                                       landfills after February 26,
                                       1999.
                                      McDonnell Douglas must implement a
                                       testing program that meets the
                                       following conditions for the
                                       exclusion to be valid:
                                      (1) Delisting Levels: All
                                       leachable concentrations for the
                                       constituents in Conditions (1)(A)
                                       and (1)(B) in the approximately
                                       5,000 cubic yards of combined
                                       stabilization materials and
                                       excavated sludges from the bottom
                                       portion of the northwest lagoon
                                       of the surface impoundments which
                                       are closed as a landfill must not
                                       exceed the following levels (ppm)
                                       after the stabilization process
                                       is completed in accordance with
                                       Condition (3). Constituents must
                                       be measured in the waste leachate
                                       by the method specified in 40 CFR
                                       261.24. Cyanide extractions must
                                       be conducted using distilled
                                       water in the place of the
                                       leaching media per 40 CFR 261.24.
                                       Constituents in Condition (1)(C)
                                       must be measured as the total
                                       concentrations in the waste(ppm).
                                        (A) Inorganic Constituents
                                       (leachate)
                                        Antimony-0.336; Cadmium-0.280;
                                       Chromium (total)-5.0; Lead-0.84;
                                       Cyanide-11.2;
                                        (B) Organic Constituents
                                       (leachate)
                                        Benzene-0.28; trans-1,2-
                                       Dichloroethene-5.6;
                                       Tetrachloroethylene-0.280;
                                       Trichloroethylene-0.280
                                        (C) Organic Constituents (total
                                       analysis).
                                        Benzene-10.; Ethylbenzene-10.;
                                       Toluene-30.; Xylenes-30.; trans-
                                       1,2-Dichloroethene-30.;
                                       Tetrachloroethylene-6.0;
                                       Trichloroethylene-6.0.
                                        McDonnell Douglas Corporation
                                       shall control volatile emissions
                                       from the stabilization process by
                                       collection of the volatile
                                       chemicals as they are emitted
                                       from the waste but before release
                                       to the ambient air. and the
                                       facility shall use dust control
                                       measures. These two controls must
                                       be adequate to protect human
                                       health and the environment.
                                        The approximately 80,000 cubic
                                       yards of previously stabilized
                                       waste in the upper northwest
                                       lagoon, entire northeast lagoon,
                                       and entire south lagoon of the
                                       surface impoundments which were
                                       closed as a landfill requires no
                                       verification testing.
                                        (2) Waste Holding and Handling:
                                       McDonnell Douglas must store as
                                       hazardous all stabilized waste
                                       from the bottom portion of the
                                       northwest lagoon area of the
                                       closed landfill as generated
                                       until verification testing as
                                       specified in Condition (3), is
                                       completed and valid analyses
                                       demonstrate that Condition (1) is
                                       satisfied. If the levels of
                                       constituents measured in the
                                       samples of the stabilized waste
                                       do not exceed the levels set
                                       forth in Condition (1), then the
                                       waste is nonhazardous and may be
                                       managed and disposed of in a
                                       Subtitle D landfill in accordance
                                       with all applicable solid waste
                                       regulations. If constituent
                                       levels in a sample exceed any of
                                       the delisting levels set in
                                       Condition (1), the waste
                                       generated during the time period
                                       corresponding to this sample must
                                       be restabilized until delisting
                                       levels are met or managed and
                                       disposed of in accordance with
                                       Subtitle C of RCRA.

[[Page 113]]

 
                                        (3) Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures, must be
                                       performed according to SW-846
                                       methodologies. McDonnell Douglas
                                       must stabilize the previously
                                       unstabilized waste from the
                                       bottom portion of the northwest
                                       lagoon of the surface impoundment
                                       (which was closed as a landfill)
                                       using fly ash, kiln dust or
                                       similar accepted materials in
                                       batches of 500 cubic yards or
                                       less. McDonnell Douglas must
                                       analyze one composite sample from
                                       each batch of 500 cubic yards or
                                       less. A minimum of four grab
                                       samples must be taken from each
                                       waste pile (or other designated
                                       holding area) of stabilized waste
                                       generated from each batch run.
                                       Each composited batch sample must
                                       be analyzed, prior to disposal of
                                       the waste in the batch
                                       represented by that sample, for
                                       constituents listed in Condition
                                       (1). There are no verification
                                       testing requirements for the
                                       stabilized wastes in the upper
                                       portions of the northwest lagoon,
                                       the entire northeast lagoon, and
                                       the entire south lagoon of the
                                       surface impoundments which were
                                       closed as a landfill.
                                        (4) Changes in Operating
                                       Conditions: If McDonnell Douglas
                                       significantly changes the
                                       stabilization process established
                                       under Condition (3) (e.g., use of
                                       new stabilization agents),
                                       McDonnell Douglas must notify the
                                       Agency in writing. After written
                                       approval by EPA, McDonnell
                                       Douglas may handle the wastes
                                       generated as non-hazardous, if
                                       the wastes meet the delisting
                                       levels set in Condition (1).
                                        (5) Data Submittals: Records of
                                       operating conditions and
                                       analytical data from Condition
                                       (3) must be compiled, summarized,
                                       and maintained on site for a
                                       minimum of five years. These
                                       records and data must be
                                       furnished upon request by EPA, or
                                       the State of Oklahoma, or both,
                                       and made available for
                                       inspection. Failure to submit the
                                       required data within the
                                       specified time period or maintain
                                       the required records on site for
                                       the specified time will be
                                       considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:
                                        Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. Sec.  1001
                                       and 42 U.S.C. Sec.  6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete.
                                        As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                        In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                        (6) Reopener Language
                                        (a) If McDonnell Douglas
                                       discovers that a condition at the
                                       facility or an assumption related
                                       to the disposal of the excluded
                                       waste that was modeled or
                                       predicted in the petition does
                                       not occur as modeled or
                                       predicted, then McDonnell Douglas
                                       must report any information
                                       relevant to that condition, in
                                       writing, to the Regional
                                       Administrator or his delegate
                                       within 10 days of discovering
                                       that condition.
                                        (b) Upon receiving information
                                       described in paragraph (a) from
                                       any source, the Regional
                                       Administrator or his delegate
                                       will determine whether the
                                       reported condition requires
                                       further action. Further action
                                       may include revoking the
                                       exclusion, modifying the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                        (7) Notification Requirements:
                                       McDonnell Douglas must provide a
                                       one-time written notification to
                                       any State Regulatory Agency to
                                       which or through which the
                                       delisted waste described above
                                       will be transported for disposal
                                       at least 60 days prior to the
                                       commencement of such activity.
                                       The one-time written notification
                                       must be updated if the delisted
                                       waste is shipped to a different
                                       disposal facility. Failure to
                                       provide such a notification will
                                       result in a violation of the
                                       delisting petition and a possible
                                       revocation of the decision.
 
Merck & Company,   Elkton, Virginia.  One-time exclusion for fly ash
 Incorporated.                         (EPA Hazardous Waste No. F002)
                                       from the incineration of
                                       wastewater treatment sludge
                                       generated from pharmaceutical
                                       production processes and stored
                                       in an on-site fly ash lagoon.
                                       This exclusion was published on
                                       May 12, 1989.
Metropolitan       Cincinnati, OH...  Sluiced bottom ash sludge
 Sewer District                        (approximately 25,000 cubic
 of Greater                            yards), contained in the North
 Cincinnati.                           Lagoon, on September 21, 1984,
                                       which contains EPA Hazardous
                                       Wastes Nos. F001, F002, F003,
                                       F004, and F005.
Michelin Tire      Sandy Springs,     Dewatered wastewater treatment
 Corp.              South Carolina.    sludge (EPA Hazardous Wastes No.
                                       F006) generated from
                                       electroplating operations after
                                       November 14, 1986.
Monroe Auto        Paragould, AR....  Wastewater treatment sludge (EPA
 Equipment.                            Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after vacuum
                                       filtration after November 27,
                                       1985. This exclusion does not
                                       apply to the sludge contained in
                                       the on-site impoundment.

[[Page 114]]

 
North American     Greenville,        Wastewater treatment sludges (EPA
 Philips Consumer   Tennessee.         Hazardous Waste No. F006)
 Electronics                           generated from electroplating
 Corporation.                          operations. This exclusion was
                                       published on April 20, 1989.
Occidental         Ingleside, Texas.  Limestone Sludge, (at a maximum
 Chemical.                             generation 1,114 cubic yards per
                                       calender year) Rockbox Residue,
                                       (at a maximum generation of 1,000
                                       cubic yards per calender year)
                                       generated by Occidental Chemical
                                       using the wastewater treatment
                                       process to treat the Rockbox
                                       Residue and the Limestone Sludge
                                       (EPA Hazardous Waste No. F025,
                                       F001, F003, and F005) generated
                                       at Occidental Chemical.
                                      Occidental Chemical must implement
                                       a testing program that meets the
                                       following conditions for the
                                       exclusion to be valid:
                                      (1) Delisting Levels: All
                                       concentrations for the following
                                       constituents must not exceed the
                                       following levels (ppm). The
                                       Rockbox Residue and the Limestone
                                       Sludge, must be measured in the
                                       waste leachate by the method
                                       specified in 40 CFR Part 261.24.
                                      (A) Rockbox Residue
                                      (i) Inorganic Constituents: Barium-
                                       100; Chromium-5; Copper-130; Lead-
                                       1.5; Selenium-1; Tin-2100;
                                       Vanadium-30; Zinc-1,000
                                      (ii) Organic Constituents: Acetone-
                                       400; Bromodichloromethane-0.14;
                                       Bromoform-1.0; Chlorodibromethane-
                                       0.1; Chloroform-1.0;
                                       Dichloromethane-1.0; Ethylbenzene-
                                       7,000; 2,3,7,8-TCDD Equivalent-
                                       0.00000006
                                      (B) Limestone Sludge
                                      (i) Inorganic Constituents:
                                       Antimony-0.6; Arsenic-5; Barium-
                                       100; Beryllium-0.4; Chromium-5;
                                       Cobalt-210; Copper-130; Lead-1.5;
                                       Nickel-70; Selenium-5; Silver-5;
                                       Vanadium-30; Zinc-1,000
                                      (ii) Organic Constituents Acetone-
                                       400; Bromoform-1.0;
                                       Chlorodibromomethane-0.1;
                                       Dichloromethane-1.0; Diethyl
                                       phthalate-3,000, Ethylbenzene-
                                       7,000; 1,1,1-Trichloroethane-20;
                                       Toluene-700;
                                       Trichlorofluoromethane-1,000,
                                       Xylene-10,000, 2,3,7,8-TCDD
                                       Equivalent-0.00000006;
                                      (2) Waste Holding and Handling:
                                       Occidental Chemical must store in
                                       accordance with its RCRA permit,
                                       or continue to dispose of as
                                       hazardous waste all Rockbox
                                       Residue and the Limestone Sludge
                                       generated until the verification
                                       testing described in Condition
                                       (3)(B), as appropriate, is
                                       completed and valid analyses
                                       demonstrate that condition (3) is
                                       satisfied. If the levels of
                                       constituents measured in the
                                       samples of the Rockbox Residue
                                       and the Limestone Sludge do not
                                       exceed the levels set forth in
                                       Condition (1), then the waste is
                                       nonhazardous and may be managed
                                       and disposed of in accordance
                                       with all applicable solid waste
                                       regulations. If constituent
                                       levels in a sample exceed any of
                                       the delisting levels waste
                                       generated during the time period
                                       corresponding to this sample must
                                       be managed and disposed of in
                                       accordance with Subtitle C of
                                       RCRA.
                                      (3) Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures, must be
                                       performed according to SW-846
                                       methodologies. If EPA judges the
                                       incineration process to be
                                       effective under the operating
                                       conditions used during the
                                       initial verification testing,
                                       Occidental Chemical may replace
                                       the testing required in Condition
                                       (3)(A) with the testing required
                                       in Condition (3)(B). Occidental
                                       Chemical must continue to test as
                                       specified in Condition (3)(A)
                                       until and unless notified by EPA
                                       in writing that testing in
                                       Condition (3)(A) may be replaced
                                       by Condition (3)(B).
                                      (A) Initial Verification Testing:
                                       (i) During the first 40 operating
                                       days of the Incinerator Offgas
                                       Treatment System after the final
                                       exclusion is granted, Occidental
                                       Chemical must collect and analyze
                                       composites of the Limestone
                                       Sludge. Daily composites must be
                                       representative grab samples
                                       collected every 6 hours during
                                       each unit operating cycle. The
                                       two wastes must be analyzed,
                                       prior to disposal, for all of the
                                       constituents listed in Paragraph
                                       1. The waste must also be
                                       analyzed for pH. Occidental
                                       Chemical must report the
                                       operational and analytical test
                                       data, including quality control
                                       information, obtained during this
                                       initial period no later than 90
                                       days after the generation of the
                                       two wastes.
                                      (ii) When the Rockbox unit is
                                       decommissioned for cleanout,
                                       after the final exclusion is
                                       granted, Occidental Chemical must
                                       collect and analyze composites of
                                       the Rockbox Residue. Two
                                       composites must be composed of
                                       representative grab samples
                                       collected from the Rockbox unit.
                                       The waste must be analyzed, prior
                                       to disposal, for all of the
                                       constituents listed in Paragraph
                                       1. The waste must be analyzed for
                                       pH. No later than 90 days after
                                       the Rockbox is decommissioned for
                                       cleanout the first two times
                                       after this exclusion becomes
                                       final, Occidental Chemical must
                                       report the operational and
                                       analytical test data, including
                                       quality control information.
                                      (B) Subsequent Verification
                                       Testing: Following written
                                       notification by EPA, Occidental
                                       Chemical may substitute the
                                       testing conditions in (3)(B) for
                                       (3)(A)(i). Occidental Chemical
                                       must continue to monitor
                                       operating conditions, analyze
                                       samples representative of each
                                       quarter of operation during the
                                       first year of waste generation.
                                       The samples must represent the
                                       waste generated over one quarter.
                                       (This provision does not apply to
                                       the Rockbox Residue.)

[[Page 115]]

 
                                      (C)Termination of Organic Testing
                                       for the Limestone Sludge:
                                       Occidental Chemical must continue
                                       testing as required under
                                       Condition (3)(B) for organic
                                       constituents specified under
                                       Condition (3)(B) for organic
                                       constituents specified in
                                       Condition (1)(A)(ii) and
                                       (1)(B)(ii) until the analyses
                                       submitted under Condition (3)(B)
                                       show a minimum of two consecutive
                                       quarterly samples below the
                                       delisting levels in Condition
                                       (1)(A)(ii) and (1)(B)(ii),
                                       Occidental Chemical may then
                                       request that quarterly organic
                                       testing be terminated. After EPA
                                       notifies Occidental Chemical in
                                       writing it may terminate
                                       quarterly organic testing.
                                       Following termination of the
                                       quarterly testing, Occidental
                                       Chemical must continue to test a
                                       representative composite sample
                                       for all constituents listed in
                                       Condition (1) on an annual basis
                                       (no later than twelve months
                                       after exclusion).
                                      (4) Changes in Operating
                                       Conditions: If Occidental
                                       Chemical significantly changes
                                       the process which generate(s) the
                                       waste(s) and which may or could
                                       affect the composition or type
                                       waste(s) generated as established
                                       under Condition (1) (by
                                       illustration, but not limitation,
                                       change in equipment or operating
                                       conditions of the treatment
                                       process), Occidental Chemical
                                       must notify the EPA in writing
                                       and may no longer handle the
                                       wastes generated from the new
                                       process or no longer discharges
                                       as nonhazardous until the wastes
                                       meet the delisting levels set
                                       Condition (1) and it has received
                                       written approval to do so from
                                       EPA.
                                      (5) Data Submittals: The data
                                       obtained through Condition 3 must
                                       be submitted to Mr. William
                                       Gallagher, Chief, Region 6
                                       Delisting Program, U.S. EPA, 1445
                                       Ross Avenue, Dallas, Texas 75202-
                                       2733, Mail Code, (6PD-O) within
                                       the time period specified.
                                       Records of operating conditions
                                       and analytical data from
                                       Condition (1) must be compiled,
                                       summarized, and maintained on
                                       site for a minimum of five years.
                                       These records and data must be
                                       furnished upon request by EPA, or
                                       the State of Texas, and made
                                       available for inspection. Failure
                                       to submit the required data
                                       within the specified time period
                                       or maintain the required records
                                       on site for the specified time
                                       will be considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:
                                      Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. Sec.  1001
                                       and 42 U.S.C. Sec.  6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      (6) Reopener: (a) If Occidental
                                       Chemical discovers that a
                                       condition at the facility or an
                                       assumption related to the
                                       disposal of the excluded waste
                                       that was modeled or predicted in
                                       the petition does not occur as
                                       modeled or predicted, then
                                       Occidental Chemical must report
                                       any information relevant to that
                                       condition, in writing, to the
                                       Director of the Multimedia
                                       Planning and Permitting Division
                                       or his delegate within 10 days of
                                       discovering that condition. (b)
                                       Upon receiving information
                                       described in paragraph (a) from
                                       any source, the Director or his
                                       delegate will determine whether
                                       the reported condition requires
                                       further action. Further action
                                       may include revoking the
                                       exclusion, modifying the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (7) Notification Requirements:
                                       Occidental Chemical must provide
                                       a one-time written notification
                                       to any State Regulatory Agency to
                                       which or through which the
                                       delisted waste described above
                                       will be transported for disposal
                                       at least 60 days prior to the
                                       commencement of such activities.
                                       Failure to provide such a
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
Philway Products,  Ashland, Ohio....  Filter press sludge generated (at
 Incorporated.                         a maximum annual rate of 96 cubic
                                       yards) during the treatment of
                                       electroplating wastewaters using
                                       lime (EPA Hazardous Waste No.
                                       F006). This exclusion was
                                       published on October 26, 1990.
Plastene Supply    Portageville,      Dewatered wastewater treatment
 Company.           Missouri.          sludges (EPA Hazardous Waste No.
                                       F006) generated from
                                       electroplating operations after
                                       August 15, 1986.

[[Page 116]]

 
POP Fasteners....  Shelton,           Wastewater treatment sludge (EPA
                    Connecticut.       Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations (at a maximum annual
                                       rate of 1,000 cubic yards) after
                                       September 19, 1994. In order to
                                       confirm that the characteristics
                                       of the waste do not change
                                       significantly, the facility must,
                                       on an annual basis, analyze a
                                       representative composite sample
                                       for the constituents listed in
                                       Sec.  261.24 using the method
                                       specified therein. The annual
                                       analytical results, including
                                       quality control information, must
                                       be compiled, certified according
                                       to Sec.  260.22(i)(12),
                                       maintained on site for a minimum
                                       of five years, and made available
                                       for inspection upon request by
                                       any employee or representative of
                                       EPA or the State of Connecticut.
                                       Failure to maintain the required
                                       records on site will be
                                       considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA.
Reynolds Metals    Sheffield, AL....  Dewatered wastewater treatment
 Company.                              sludges (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum
                                       after August 15, 1986.
Reynolds Metals    Sheffield, AL....  Wastewater treatment filter press
 Company.                              sludge (EPA Hazardous Waste No.
                                       F019) generated (at a maximum
                                       annual rate of 3,840 cubic yards)
                                       from the chemical conversion
                                       coating of aluminum. This
                                       exclusion was published on July
                                       17, 1990.
Rhodia...........  Houston,Texas....  Filter-cake Sludge, (at a maximum
                                       generation of 1,200 cubic yards
                                       per calendar year) generated by
                                       Rhodia using the SARU and AWT
                                       treatment process to treat the
                                       filter-cake sludge (EPA Hazardous
                                       Waste Nos. D001-D43, F001-F012,
                                       F019, F024, F025, F032, F034,
                                       F037-F039) generated at Rhodia.
                                      Rhodia must implement a testing
                                       program that meets the following
                                       conditions for the exclusion to
                                       be valid:
                                      (1) Delisting Levels: All
                                       concentrations for the following
                                       constituents must not exceed the
                                       following levels (mg/l). For the
                                       filter-cake constituents must be
                                       measured in the waste leachate by
                                       the method specified in 40 CFR
                                       261.24.
                                      (A) Filter-cake Sludge
                                      (i) Inorganic Constituents:
                                       Antimony-1.15; Arsenic-1.40;
                                       Barium-21.00; Beryllium-1.22;
                                       Cadmium-0.11; Cobalt-189.00;
                                       Copper-90.00; Chromium-0.60; Lead-
                                       0.75; Mercury-0.025; Nickel-9.00;
                                       Selenium-4.50; Silver-0.14;
                                       Thallium-0.20; Vanadium-1.60;
                                       Zinc-4.30
                                      (ii) Organic Constituents:
                                       Chlorobenzene-Non Detect; Carbon
                                       Tetrachloride-Non Detect; Acetone-
                                       360; Chloroform-0.9
                                      (2) Waste Holding and Handling:
                                       Rhodia must store in accordance
                                       with its RCRA permit, or continue
                                       to dispose of as hazardous waste
                                       all Filter-cake Sludge until the
                                       verification testing described in
                                       Condition (3)(A), as appropriate,
                                       is completed and valid analyses
                                       demonstrate that condition (3) is
                                       satisfied. If the levels of
                                       constituents measured in the
                                       samples of the Filter-cake Sludge
                                       do not exceed the levels set
                                       forth in Condition (1), then the
                                       waste is nonhazardous and may be
                                       managed and disposed of in
                                       accordance with all applicable
                                       solid waste regulations.
                                      (3) Verification Testing
                                       Requirements: Rhodia must perform
                                       sample collection and analyses,
                                       including quality control
                                       procedures, according to SW-846
                                       methodologies. If EPA judges the
                                       process to be effective under the
                                       operating conditions used during
                                       the initial verification testing,
                                       Rhodia may replace the testing
                                       required in Condition (3)(A) with
                                       the testing required in Condition
                                       (3)(B). Rhodia must continue to
                                       test as specified in Condition
                                       (3)(A) until and unless notified
                                       by EPA in writing that testing in
                                       Condition (3)(A) may be replaced
                                       by Condition (3)(B).
                                      (A) Initial Verification Testing:
                                       At quarterly intervals for one
                                       year after the final exclusion is
                                       granted, Rhodia must collect and
                                       analyze composites of the filter-
                                       cake sludge. From Paragraph 1
                                       TCLP must be run on all waste and
                                       any constituents for which total
                                       concentrations have been
                                       identified. Rhodia must conduct a
                                       multiple pH leaching procedure on
                                       samples collected during the
                                       quarterly intervals. Rhodia must
                                       perform the TCLP procedure using
                                       distilled water and three
                                       different pH extraction fluids to
                                       simulate disposal under three
                                       conditions. Simulate an acidic
                                       landfill environment, basic
                                       landfill environment and a
                                       landfill environment similar to
                                       the pH of the waste. Rhodia must
                                       report the operational and
                                       analytical test data, including
                                       quality control information,
                                       obtained during this initial
                                       period no later than 90 days
                                       after the generation of the
                                       waste.
                                      (B) Subsequent Verification
                                       Testing: Following termination of
                                       the quarterly testing, Rhodia
                                       must continue to test a
                                       representative composite sample
                                       for all constituents listed in
                                       Condition (1) on an annual basis
                                       (no later than twelve months
                                       after the final exclusion).
                                      (4) Changes in Operating
                                       Conditions: If Rhodia
                                       significantly changes the process
                                       which generate(s) the waste(s)
                                       and which may or could affect the
                                       composition or type waste(s)
                                       generated as established under
                                       Condition (1) (by illustration,
                                       but not limitation, change in
                                       equipment or operating conditions
                                       of the treatment process), or its
                                       NPDES permit is changed, revoked
                                       or not reissued, Rhodia must
                                       notify the EPA in writing and may
                                       no longer handle the waste
                                       generated from the new process or
                                       no longer discharge as
                                       nonhazardous until the waste meet
                                       the delisting levels set in
                                       Condition (1) and it has received
                                       written approval to do so from
                                       EPA.
                                      (5) Data Submittals: Rhodia must
                                       submit the information described
                                       below. If Rhodia fails to submit
                                       the required data within the
                                       specified time or maintain the
                                       required records on-site for the
                                       specified time, EPA, at its
                                       discretion, will consider this
                                       sufficient basis to reopen the
                                       exclusion as described in
                                       Paragraph 6. Rhodia must:
                                      (A) Submit the data obtained
                                       through Paragraph 3 to Mr.
                                       William Gallagher, Chief, Region
                                       6 Delisting Program, EPA, 1445
                                       Ross Avenue, Dallas, Texas 75202-
                                       2733, Mail Code, (6PD-O) within
                                       the time specified.

[[Page 117]]

 
                                      (B) Compile records of operating
                                       conditions and analytical data
                                       from Paragraph (3), summarized,
                                       and maintained on-site for a
                                       minimum of five years.
                                      (C) Furnish these records and data
                                       when EPA or the State of Texas
                                       request them for inspection.
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted:
                                      (i) Under civil and criminal
                                       penalty of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      (ii) As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      (iii) If any of this information
                                       is determined by EPA in its sole
                                       discretion to be false,
                                       inaccurate or incomplete, and
                                       upon conveyance of this fact to
                                       the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      (6) Reopener Language
                                      (A) If, anytime after disposal of
                                       the delisted waste, Rhodia
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Regional Administrator or his
                                       delegate in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Regional Administrator or his
                                       delegate within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (B) If the annual testing of the
                                       waste does not meet the delisting
                                       requirements in Paragraph 1,
                                       Rhodia must report the data, in
                                       writing, to the Regional
                                       Administrator or his delegate
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (C) If Rhodia fails to submit the
                                       information described in
                                       paragraphs (5), (6)(A) or (6)(B)
                                       or if any other information is
                                       received from any source, the
                                       Regional Administrator or his
                                       delegate will make a preliminary
                                       determination as to whether the
                                       reported information requires
                                       Agency action to protect human
                                       health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (D) If the Regional Administrator
                                       or his delegate determines that
                                       the reported information does
                                       require Agency action, the
                                       Regional Administrator or his
                                       delegate will notify the facility
                                       in writing of the actions the
                                       Regional Administrator or his
                                       delegate believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Regional Administrator or his
                                       delegate's notice to present such
                                       information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(D) or
                                       (if no information is presented
                                       under paragraph (6)(D)) the
                                       initial receipt of information
                                       described in paragraphs (5),
                                       (6)(A) or (6)(B), the Regional
                                       Administrator or his delegate
                                       will issue a final written
                                       determination describing the
                                       Agency actions that are necessary
                                       to protect human health or the
                                       environment. Any required action
                                       described in the Regional
                                       Administrator or his delegate's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator or his
                                       delegate provides otherwise.
                                      (7) Notification Requirements:
                                       Rhodia must do following before
                                       transporting the delisted waste:
                                       Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
                                      (A) Provide a one-time written
                                       notification to any State
                                       Regulatory Agency to which or
                                       through which they will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update the one-time written
                                       notification if they ship the
                                       delisted waste into a different
                                       disposal facility.
Siegel-Robert,     St. Louis, MO....  Wastewater treatment sludge (EPA
 Inc.                                  Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after November 27,
                                       1985.
Square D Company.  Oxford, Ohio.....  Dewatered filter press sludge (EPA
                                       Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after August 15, 1986.
Syntex             Springfield, MO..  Kiln ash, cyclone ash, separator
 Agribusiness.                         sludge, and filtered wastewater
                                       (except spent activiated carbon)
                                       (EPA Hazardous Waste No. F020
                                       generated during the treatment of
                                       wastewater treatment sludge by
                                       the EPA's Mobile Incineration
                                       System at the Denney Farm Site in
                                       McDowell, Missouri after June 2,
                                       1988, so long as:

[[Page 118]]

 
                                      (1) The incinerator is monitored
                                       continuously and is in compliance
                                       with operating permit conditions.
                                       Should the incinerator fail to
                                       comply with the permit conditions
                                       relevant to the mechanical
                                       operation of the incinerator,
                                       Syntex must test the residues
                                       generated during the run when the
                                       failure occurred according to the
                                       requirements of Conditions (2)
                                       through (6), regardless of
                                       whether or not the demonstration
                                       in Condition (7) has been made.
                                      (2) Four grab samples of
                                       wastewater must be composited
                                       from the volume of filtered
                                       wastewater collected after each
                                       eight hour run and, prior to
                                       disposal the composite samples
                                       must be analyzed for the EP toxic
                                       metals, nickel, and cyanide. If
                                       arsenic, chromium, lead, and
                                       silver EP leachate test results
                                       exceed 0.61 ppm; barium levels
                                       exceed 12 ppm; cadmium and
                                       selenium levels exceed 0.12 ppm;
                                       mercury levels exceed 0.02 ppm;
                                       nickel levels exceed 6.1 ppm; or
                                       cyanide levels exceed 2.4 ppm,
                                       the wastewater must be retreated
                                       to achieve these levels or must
                                       be disposed in accordance with
                                       all applicable hazardous waste
                                       regulations. Analyses must be
                                       performed according to SW-846
                                       methodologies.
                                      (3) One grab sample must be taken
                                       from each drum of kiln and
                                       cyclone ash generated during each
                                       eight hour run; all grabs
                                       collected during a given eight
                                       hour run must then be composited
                                       to form one composite sample. A
                                       composite sample of four grab
                                       samples of the separator sludge
                                       must be collected at the end of
                                       each eight hour run. Prior to the
                                       disposal of the residues from
                                       each eight hour run, an EP
                                       leachate test must be performed
                                       on these composite samples and
                                       the leachate analyzed for the EP
                                       toxic metals, nickel, and cyanide
                                       (using a distilled water
                                       extraction for the cyanide
                                       extraction) to demonstrate that
                                       the following maximum allowable
                                       treatment residue concentrations
                                       listed below are not exceeded.
                                       Analyses must be performed
                                       according to SW-846
                                       methodologies. Any residues which
                                       exceed any of the levels listed
                                       below must be retreated to
                                       achieve these levels or must be
                                       disposed in accordance with all
                                       applicable hazardous waste
                                       regulations.
                                      Maximum Allowable Solids Treatment
                                       Residue EP Leachate
                                       Concentrations (mg/L)
                                        Arsenic--1.6
                                        Barium--32
                                        Cadmium--0.32
                                        Chromium--1.6
                                        Lead--1.6
                                        Mercury--0.065
                                        Nickel--16
                                        Selenium--0.32
                                        Silver--1.6
                                        Cyanide--6.5
                                      (4)--If Syntex stabilizes any of
                                       the kiln and cyclone ash or
                                       separator sludge, a Portland
                                       cement-type stabilization process
                                       must be used and Syntex must
                                       collect a composite sample of
                                       four grab samples from each batch
                                       of stabilized waste. An MEP
                                       leachate test must be performed
                                       on these composite samples and
                                       the leachate analyzed for the EP
                                       toxic metals, nickel, and cyanide
                                       (using a distilled water
                                       extraction for the cyanide
                                       leachate analysis) to demonstrate
                                       that the maximum allowable
                                       treatment residue concentrations
                                       listed in Condition (3) are not
                                       exceeded during any run of the
                                       MEP extraction. Analyses must be
                                       performed according to SW-846
                                       methodologies. Any residues which
                                       exceed any of the levels listed
                                       in Condition (3) must be
                                       retreated to achieve these levels
                                       or must be disposed in accordance
                                       with all applicable hazardous
                                       waste regulations. (If the
                                       residues are stabilized, the
                                       analyses required in this
                                       condition supercede the analyses
                                       required in Condition (3).)
                                      (5) Syntex must generate, prior to
                                       disposal of residues,
                                       verification data from each eight
                                       hour run from each treatment
                                       residue (i.e., kiln and cyclone
                                       ash, separator sludge, and
                                       filtered wastewater) to
                                       demonstrate that the maximum
                                       allowable treatment residue
                                       concentrations listed below are
                                       not exceeded. Samples must be
                                       collected as specified in
                                       Conditions (2) and (3). Analyses
                                       must be performed according to SW-
                                       846 methodologies. Any solid or
                                       liquid residues which exceed any
                                       of the levels listed below must
                                       be retreated to achieve these
                                       levels or must be disposed in
                                       accordance with Subtitle C of
                                       RCRA.
                                      Maximum Allowable Wastewater
                                       Concentrations (ppm):
                                        Benz(a)anthracene--1 x 10-4
                                        Benzo(a)pyrene--4 x 10-5
                                        Benzo(b)fluoranthene--2 x 10-4
                                        Chloroform--0.07
                                        Chrysene--0.002
                                        Dibenz(a,h)anthracene--9 x 10-6
                                        1,2-Dichloroethane--0.06
                                        Dichloromethane--0.06
                                        Indeno(1,2,3-cd)pyrene--0.002
                                        Polychlorinated biphenyls--1 x
                                       10-4
                                        1,2,4,5-Tetrachlorobenzene--0.13
                                        2,3,4,6-Tetrachlorophenol--12
                                        Toluene--120
                                        Trichloroethylene--0.04
                                        2,4,5-Trichlorophenol--49
                                        2,4,6-Trichlorophenol--0.02
                                      Maximum Allowable Solid Treatment
                                       Residue Concentrations (ppm):
                                        Benz(a)anthracene--1.1

[[Page 119]]

 
                                        Benzo(a)pyrene--0.43
                                        Benzo(b)fluoranthene--1.8
                                        Chloroform--5.4
                                        Chrysene--170
                                        Dibenz(a,h)anthracene--0.083
                                        Dichloromethane--2.4
                                        1,2-Dichloroethane--4.1
                                        Indeno(1,2,3-cd)pyrene--330
                                        Polychlorinated biphenyls--0.31
                                        1,2,4,5-Tetrachlorobenzene--720
                                        Trichloroethylene--6.6
                                        2,4,6-Trichlorophenol--3.9
                                      (6) Syntex must generate, prior to
                                       disposal of residues,
                                       verification data from each eight
                                       hour run for each treatment
                                       residue (i.e., kiln and cyclone
                                       ash, separator sludge, and
                                       filtered wastewater) to
                                       demonstrate that the residues do
                                       not contain tetra-, penta-, or
                                       hexachlorodibenzo-p-dioxins or
                                       furans at levels of regulatory
                                       concern. Samples must be
                                       collected as specified in
                                       Conditions (2) and (3). The TCDD
                                       equivalent levels for wastewaters
                                       must be less than 2 ppq and less
                                       than 5 ppt for the solid
                                       treatment residues. Any residues
                                       with detected dioxins or furans
                                       in excess of these levels must be
                                       retreated or must be disposed as
                                       acutely hazardous. Method 8290, a
                                       high resolution gas
                                       chromatography and high
                                       resolution mass spectroscopy
                                       (HRGC/HRMS) analytical method,
                                       must be used. For tetra- and
                                       pentachloronated dioxin and furan
                                       homologs, the maximum practical
                                       quantitation limit must not
                                       exceed 15 ppt for solids and 120
                                       ppq for wastewaters. For
                                       hexachlorinated homologs, the
                                       maximum practical quantitation
                                       limit must not exceed 37 ppt for
                                       solids and 300 ppq for
                                       wastewaters.
                                      (7)(A) The test data from
                                       Conditions (1), (2), (3), (4),
                                       (5) and (6) must be kept on file
                                       by Syntex for inspection purposes
                                       and must be compiled, summarized,
                                       and submitted to the Section
                                       Chief, Variances Section, PSPD/
                                       OSW (WH-563), US EPA, 401 M
                                       Street, S.W., Washington, DC
                                       20460 by certified mail on a
                                       monthly basis and when the
                                       treatment of the lagoon sludge is
                                       concluded. All data submitted
                                       will be placed in the RCRA
                                       docket.
                                      (B) The testing requirements for
                                       Conditions (2), (3), (4), (5),
                                       and (6) will continue until
                                       Syntex provides the Section
                                       Chief, Variances Section, with
                                       the results of four consecutive
                                       batch analyses for the petitioned
                                       wastes, none of which exceed the
                                       maximum allowable treatment
                                       residue concentrations listed in
                                       these conditions and the Section
                                       Chief, Variances Section,
                                       notifies Syntex that the
                                       conditions have been lifted.
                                      (8) Syntex must provide a signed
                                       copy of the following
                                       certification statement when
                                       submitting data in response to
                                       the conditions listed above:
                                       ``Under civil and criminal
                                       penalty of law for the making or
                                       submission of false or fraudulent
                                       statements or representations, I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate, and
                                       complete. As to the (those)
                                       identified section(s) of this
                                       document for which I cannot
                                       personally verify its (their)
                                       accuracy, I certify as the
                                       company official having
                                       supervisory responsibility for
                                       the persons who, acting under my
                                       direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.''
SR of Tennessee..  Ripley, TN.......  Dewatered wastewater treatment
                                       sludges (EPA Hazardous Waste No.
                                       F006) generated from the copper,
                                       nickel, and chromium
                                       electroplating of plastic parts
                                       after November 17, 1986.
Tennessee          Ripley, Tennessee  Dewatered wastewater treatment
 Electroplating.                       sludges (EPA Hazardous Waste Nos.
                                       F006) generated from
                                       electroplating operations after
                                       November 17, 1986. To ensure
                                       chromium levels do not exceed the
                                       regulatory standards there must
                                       be continuous batch testing of
                                       the filter press sludge for
                                       chromium for 45 days after the
                                       exclusion is granted. Each batch
                                       of treatment residue must be
                                       representatively sampled and
                                       tested using the EP toxicity test
                                       for chromium. This data must be
                                       kept on file at the facility for
                                       inspection purposes. If the
                                       extract levels exceed 0.922 ppm
                                       of chromium the waste must be
                                       managed and disposed of as
                                       hazardous. If these conditions
                                       are not met, the exclusion does
                                       not apply. This exclusion does
                                       not apply to sludges in any on-
                                       site impoundments as of this
                                       date.
Tennessee          Ripley, TN.......  Wastewater treatment sludge (EPA
 Electroplating.                       Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations and contained in an on-
                                       site surface impoundment (maximum
                                       volume of 6,300 cubic yards).
                                       This is a one-time exclusion.
                                       This exclusion was published on
                                       April 8, 1991.
Texas Eastman....  Longview, Texas..  Incinerator ash (at a maximum
                                       generation of 7,000 cubic yards
                                       per calendar year) generated from
                                       the incineration of sludge from
                                       the wastewater treatment plant
                                       (EPA Hazardous Waste No. D001,
                                       D003, D018, D019, D021, D022,
                                       D027, D028, D029, D030, D032,
                                       D033, D034, D035, D036, D038,
                                       D039, D040, F001, F002, F003,
                                       F005, and that is disposed of in
                                       Subtitle D landfills after
                                       September 25, 1996. Texas Eastman
                                       must implement a testing program
                                       that meets the following
                                       conditions for the petition to be
                                       valid:
                                      1. Delisting Levels: All leachable
                                       concentrations for those metals
                                       must not exceed the following
                                       levels (mg/l). Metal
                                       concentrations must be measured
                                       in the waste leachate by the
                                       method specified in 40 CFR Sec.
                                       261.24.
                                      (A) Inorganic Constituents
                                      Antimony--0.27; Arsenic--2.25;
                                       Barium--90.0; Beryllium--0.0009;
                                       Cadmium--0.225; Chromium--4.5;
                                       Cobalt--94.5; Copper--58.5; Lead--
                                       0.675; Mercury--0.045; Nickel--
                                       4.5; Selenium--1.0; Silver--5.0;
                                       Thallium--0.135; Tin--945.0;
                                       Vanadium--13.5; Zinc--450.0
                                      (B) Organic Constituents

[[Page 120]]

 
                                      Acenaphthene--90.0; Acetone--
                                       180.0; Benzene--0.135;
                                       Benzo(a)anthracene--0.00347;
                                       Benzo(a)pyrene--0.00045; Benzo(b)
                                       fluoranthene--0.00320; Bis(2
                                       ethylhexyl) phthalate--0.27;
                                       Butylbenzyl phthalate--315.0;
                                       Chloroform--0.45; Chlorobenzene--
                                       31.5; Carbon Disulfide--180.0;
                                       Chrysene--0.1215; 1,2-
                                       Dichlorobenzene--135.0; 1,4-
                                       Dichlorobenzene--0.18; Di-n-butyl
                                       phthalate--180.0; Di-n-octyl
                                       phthalate--35.0; 1,4 Dioxane--
                                       0.36; Ethyl Acetate--1350.0;
                                       Ethyl Ether--315.0; Ethylbenzene--
                                       180.0; Flouranthene--45.0;
                                       Fluorene--45.0; 1-Butanol--180.0;
                                       Methyl Ethyl Ketone--200.0;
                                       Methylene Chloride--0.45; Methyl
                                       Isobutyl Ketone--90.0;
                                       Naphthalene--45.0; Pyrene--45.0;
                                       Toluene--315.0; Xylenes--3150.0
                                      2. Waste Holding and Handling:
                                       Texas Eastman must store in
                                       accordance with its RCRA permit,
                                       or continue to dispose of as
                                       hazardous all FBI ash generated
                                       until the Initial and Subsequent
                                       Verification Testing described in
                                       Paragraph 4 and 5 below is
                                       completed and valid analyses
                                       demonstrate that all Verification
                                       Testing Conditions are satisfied.
                                       After completion of Initial and
                                       Subsequent Verification Testing,
                                       if the levels of constituents
                                       measured in the samples of the
                                       FBI ash do not exceed the levels
                                       set forth in Paragraph 1 above,
                                       and written notification is given
                                       by EPA, then the waste is non-
                                       hazardous and may be managed and
                                       disposed of in accordance with
                                       all applicable solid waste
                                       regulations.
                                      3. Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures, must be
                                       performed according to SW-846
                                       methodologies. If EPA judges the
                                       incineration process to be
                                       effective under the operating
                                       conditions used during the
                                       initial verification testing
                                       described in Paragraph 4 below,
                                       Texas Eastman may replace the
                                       testing required in Paragraph 4
                                       with the testing required in
                                       Paragraph 5 below. Texas Eastman
                                       must, however, continue to test
                                       as specified in Paragraph 4 until
                                       notified by EPA in writing that
                                       testing in Paragraph 4 may be
                                       replaced by the testing described
                                       in Paragraph 5.
                                      4. Initial Verification Testing:
                                       During the first 40 operating
                                       days of the FBI incinerator after
                                       the final exclusion is granted,
                                       Texas Eastman must collect and
                                       analyze daily composites of the
                                       FBI ash. Daily composites must be
                                       composed of representative grab
                                       samples collected every 6 hours
                                       during each 24-hour FBI operating
                                       cycle. The FBI ash must be
                                       analyzed, prior to disposal of
                                       the ash, for all constituents
                                       listed in Paragraph 1. Texas
                                       Eastman must report the
                                       operational and analytical test
                                       data, including quality control
                                       information, obtained during this
                                       initial period no later than 90
                                       days after receipt of the
                                       validated analytical results.
                                      5. Subsequent Verification
                                       Testing: Following the completion
                                       of the Initial Verification
                                       Testing, Texas Eastman may
                                       request to monitor operating
                                       conditions and analyze samples
                                       representative of each quarter of
                                       operation during the first year
                                       of ash generation. The samples
                                       must represent the untreated ash
                                       generated over one quarter.
                                       Following written notification
                                       from EPA, Texas Eastman may begin
                                       the quarterly testing described
                                       in this Paragraph.
                                      6. Termination of Organic Testing:
                                       Texas Eastman must continue
                                       testing as required under
                                       Paragraph 5 for organic
                                       constituents specified in
                                       Paragraph 1 until the analyses
                                       submitted under Paragraph 5 show
                                       a minimum of two consecutive
                                       quarterly samples below the
                                       delisting levels in Paragraph 1.
                                       Texas Eastman may then request
                                       that quarterly organic testing be
                                       terminated. After EPA notifies
                                       Texas Eastman in writing it may
                                       terminate quarterly organic
                                       testing.
                                      7. Annual Testing: Following
                                       termination of quarterly testing
                                       under either Paragraphs 5 or 6,
                                       Texas Eastman must continue to
                                       test a representative composite
                                       sample for all constituents
                                       listed in Paragraph 1 (including
                                       organics) on an annual basis (no
                                       later than twelve months after
                                       the date that the final exclusion
                                       is effective).
                                      8. Changes in Operating
                                       Conditions: If Texas Eastman
                                       significantly changes the
                                       incineration process described in
                                       its petition or implements any
                                       new manufacturing or production
                                       process(es) which generate(s) the
                                       ash and which may or could affect
                                       the composition or type of waste
                                       generated established under
                                       Paragraph 3 (by illustration {
                                       but not limitation}, use of
                                       stabilization reagents or
                                       operating conditions of the
                                       fluidized bed incinerator), Texas
                                       Eastman must notify the EPA in
                                       writing and may no longer handle
                                       the wastes generated from the new
                                       process as non-hazardous until
                                       the wastes meet the delisting
                                       levels set in Paragraph 1 and it
                                       has received written approval to
                                       do so from EPA.
                                      9. Data Submittals: The data
                                       obtained through Paragraph 3 must
                                       be submitted to Mr. William
                                       Gallagher, Chief, Region 6
                                       Delisting Program, U.S. EPA, 1445
                                       Ross Avenue, Dallas, Texas 75202-
                                       2733, Mail Code, (6PD-O) within
                                       the time period specified.
                                       Records of operating conditions
                                       and analytical data from
                                       Paragraph 3 must be compiled,
                                       summarized, and maintained on
                                       site for a minimum of five years.
                                       These records and data must be
                                       furnished upon request by EPA, or
                                       the State of Texas, and made
                                       available for inspection. Failure
                                       to submit the required data
                                       within the specified time period
                                       or maintain the required records
                                       on site for the specified time
                                       will be considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:

[[Page 121]]

 
                                      Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 USC 1001 and 42
                                       USC 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      10. Notification Requirements:
                                       Texas Eastman must provide a one-
                                       time written notification to any
                                       State Regulatory Agency to which
                                       or through which the delisted
                                       waste described above will be
                                       transported for disposal at least
                                       60 days prior to the commencement
                                       of such activities. Failure to
                                       provide such a notification will
                                       result in a violation of the
                                       delisting petition and a possible
                                       revocation of the decision.
Universal Oil      Decatur, Alabama.  Wastewater treatment sludges (EPA
 Products.                             Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations and contained in two
                                       on-site lagoons on August 15,
                                       1986. This is a one-time
                                       exclusion.
U.S. EPA           Jefferson,         One-time exclusion for scrubber
 Combustion         Arkansas.          water (EPA Hazardous Waste No.
 Research                              F020) generated in 1985 from the
 Facility.                             incineration of Vertac still
                                       bottoms. This exclusion was
                                       published on June 28, 1989.
U.S. Nameplate     Mount Vernon,      Retreated wastewater treatment
 Company, Inc.      Iowa.              sludges (EPA Hazardous Waste No.
                                       F006) previously generated from
                                       electroplating operations and
                                       currently contained in an on-site
                                       surface impoundment after
                                       September 28, 1988. This is a one-
                                       time exclusion for the reteated
                                       wastes only. This exclution does
                                       not relieve the waste unit from
                                       regulatory compliance under
                                       Subtitle C.
VAW of America     St. Augustine,     Wastewater treatment sludge filter
 Incorporated.      Florida.           cake (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum.
                                       This exclusion was published on
                                       February 1, 1989.
Vermont American,  Newark, OH.......  Wastewater treatment sludge (EPA
 Corp.                                 Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after November 27,
                                       1985.
Waterloo           Pocahontas, AR...  Wastewater treatment sludges (EPA
 Industries.                           Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after dewatering and
                                       held on-site on July 17, 1986 and
                                       any such sludge generated (after
                                       dewatering) after July 17, 1986.
Watervliet         Watervliet, NY...  Wastewater treatment sludges (EPA
 Arsenal.                              Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after January 10,
                                       1986.
William L.         Newnan, Georgia..  Dewatered wastewater treatment
 Bonnell Co.                           sludges (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum
                                       after November 14, 1986. This
                                       exclusion does not include
                                       sludges contained in Bonnell's on-
                                       site surface impoundments.
Windsor Plastics,  Evansville, IN...  Spent non-halogenated solvents and
 Inc.                                  still bottoms (EPA Hazardous
                                       Waste No. F003) generated from
                                       the recovery of acetone after
                                       November 17, 1986.
------------------------------------------------------------------------


             Table 2--Wastes Excluded From Specific Sources
------------------------------------------------------------------------
     Facility           Address                Waste description
------------------------------------------------------------------------
American Cyanamid  Hannibal,          Wastewater and sludge (EPA
                    Missouri.          Hazardous Waste No. K038)
                                       generated from the washing and
                                       stripping of phorate production
                                       and contained in on-site lagoons
                                       on May 8, 1987, and such
                                       wastewater and sludge generated
                                       after May 8, 1987.
Amoco Oil Co.....  Wood River, IL...  150 million gallons of DAF from
                                       petroleum refining contained in
                                       in four surge ponds after
                                       treatment with the Chemifix
                                       stabilization process. This waste
                                       contains EPA Hazardous Waste No.
                                       K048. This exclusion applies to
                                       the 150 million gallons of waste
                                       after chemical stabilization as
                                       long as the mixing ratios of the
                                       reagent with the waste are
                                       monitored continuously and do not
                                       vary outside of the limits
                                       presented in the demonstration
                                       samples; one grab sample is taken
                                       each hour from each treatment
                                       unit, composited, and EP toxicity
                                       tests performed on each sample.
                                       If the levels of lead or total
                                       chromium exceed 0.5 ppm in the EP
                                       extract, then the waste that was
                                       processed during the compositing
                                       period is considered hazardous;
                                       the treatment residue shall be
                                       pumped into bermed cells to
                                       ensure that the waste is
                                       identifiable in the event that
                                       removal is necessary.
Akzo Chemicals     Axis, AL.........  Brine purification muds generated
 Inc. (formerly                        from their chlor-alkali
 Stauffer                              manufacturing operations (EPA
 Chemical                              Hazardous Waste No. K071) and
 Company).                             disposed of in brine mud pond
                                       HWTF: 5 EP-201.

[[Page 122]]

 
Bekaert Steel      Rogers, Arkansas.  Wastewater treatment sludge (EPA
 Corporation.                          Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations (at a maximum annual
                                       rate of 1250 cubic yards to be
                                       measured on a calendar year
                                       basis) after [insert publication
                                       date of the final rule]. In order
                                       to confirm that the
                                       characteristics of the waste do
                                       not change significantly, the
                                       facility must, on an annual
                                       basis, before July 1 of each
                                       year, analyze a representative
                                       composite sample for the
                                       constituents listed in Sec.
                                       261.24 as well as antimony,
                                       copper, nickel, and zinc using
                                       the method specified therein. The
                                       annual analytical results,
                                       including quality control
                                       information, must be compiled,
                                       certified according to Sec.
                                       260.22(i)(12) of this chapter,
                                       maintained on site for a minimum
                                       of five years, and made available
                                       for inspection upon request of
                                       any employee or representative of
                                       EPA or the State of Arkansas.
                                       Failure to maintain the required
                                       documents on site will be
                                       considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA.
                                      Notification Requirements:
                                      Bekaert Steel Corporation must
                                       provide a one-time written
                                       notification to any State
                                       Regulatory Agency to which or
                                       through which the delisted waste
                                       described above will be
                                       transported for disposal at least
                                       60 days prior to the commencement
                                       of such activities. Failure to
                                       provide such a notification will
                                       result in a violation of the
                                       delisting petition and a possible
                                       revocation of the decision.
Bethlehem Steel    Lackawanna, New    Ammonia still lime sludge (EPA
 Corporation.       York.              Hazardous Waste No. K060) and
                                       other solid waste generated from
                                       primary metal-making and coking
                                       operations. This is a one-time
                                       exclusion for 118,000 cubic yards
                                       of waste contained in the on-site
                                       landfill referred to as HWM-2.
                                       This exclusion was published on
                                       April 24, 1996.
Bethlehem Steel    Steelton, PA.....  Uncured and cured chemically
 Corp.                                 stabilized electric arc furnace
                                       dust/sludge (CSEAFD) treatment
                                       residue (K061) generated from the
                                       primary production of steel after
                                       May 22, 1989. This exclusion is
                                       conditioned upon the data
                                       obtained from Bethlehem's full-
                                       scale CSEAFD treatment facility
                                       because Bethlehem's original data
                                       were obtained from a laboratory-
                                       scale CSEAFD treatment process.
                                       To ensure that hazardous
                                       constituents are not present in
                                       the waste at levels of regulatory
                                       concern once the full-scale
                                       treatment facility is in
                                       operation, Bethlehem must
                                       implement a testing program for
                                       the petitioned waste. This
                                       testing program must meet the
                                       following conditions for the
                                       exclusion to be valid:
                                      (1) Testing:
                                      (A) Initial Testing: During the
                                       first four weeks of operation of
                                       the full-scale treatment system,
                                       Bethlehem must collect
                                       representative grab samples of
                                       each treated batch of the CSEAFD
                                       and composite the grab samples
                                       daily. The daily composites,
                                       prior to disposal, must be
                                       analyzed for the EP leachate
                                       concentrations of all the EP
                                       toxic metals, nickel and cyanide
                                       (using distilled water in the
                                       cyanide extractions), and the
                                       total constituent concentrations
                                       of reactive sulfide and reactive
                                       cyanide. Analyses must be
                                       performed according to SW-846
                                       methodologies. Bethlehem must
                                       report the analytical test data
                                       obtained during this initial
                                       period no later than 90 days
                                       after the treatment of the first
                                       full-scale batch.
                                      (B) Subsequent Testing: Bethlehem
                                       must collect representative grab
                                       samples from every treated batch
                                       of CSEAFD generated daily and
                                       composite all of the grab samples
                                       to produce a weekly composite
                                       sample. Bethlehem then must
                                       analyze each weekly composite
                                       sample for the EP leachate
                                       concentrations of all the EP
                                       toxic metals and nickel. Analyses
                                       must be performed according to SW-
                                       846 methodologies. The analytical
                                       data, including all quality
                                       control information, must be
                                       compiled and maintained on site
                                       for a minimum of three years.
                                       These data must be furnished upon
                                       request and made available for
                                       inspection by any employee or
                                       representative of EPA or the
                                       State of Pennsylvania.
                                      (2) Delisting Levels: If the EP
                                       extract concentrations resulting
                                       from the testing in condition
                                       (1)(A) or (1)(B) for chromium,
                                       lead, arsenic, or silver exceed
                                       0.315 mg/L, for barium exceeds
                                       6.3 mg/l; for cadmium or selenium
                                       exceed 0.063 mg/l; for mercury
                                       exceeds 0.0126 mg/l; for nickel
                                       exceeds 3.15 mg/l; or for cyanide
                                       exceeds 4.42 mg/L, or total
                                       reactive cyanide or total
                                       reactive sulfide levels exceed
                                       250 mg/kg and 500 mg/kg,
                                       respectively, the waste must
                                       either be re-treated or managed
                                       and disposed in accordance with
                                       subtitle C of RCRA.
                                      (3) Data submittals: Within one
                                       week of system start-up,
                                       Bethlehem must notify the Section
                                       Chief, Variances Section (see
                                       address below) when their full-
                                       scale stabilization system is on-
                                       line and waste treatment has
                                       begun. All data obtained through
                                       the initial testing condition
                                       (1)(A), must be submitted to the
                                       Section Chief, Variances Section,
                                       PSPD/OSW, (OS-343), U.S. EPA, 401
                                       M Street, S.W., Washington, DC
                                       20460 within the time period
                                       specified in condition (1)(A). At
                                       the Section Chief's request,
                                       Bethlehem must submit analytical
                                       data obtained through condition
                                       (1)(B) to the above address,
                                       within the time period specified
                                       by the Section Chief. Failure to
                                       submit the required data obtained
                                       from either condition (1)(A) or
                                       (1)(B) within the specified time
                                       periods will be considered by the
                                       Agency sufficient basis to revoke
                                       Bethlehem's exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by the
                                       following certification
                                       statement:
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code
                                       which include, but may not be
                                       limited to, 18 U.S.C. 6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete.

[[Page 123]]

 
                                      ``As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      ``In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       wastes will be void as if it
                                       never had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
Bethlehem Steel    Johnstown, PA....  Uncured and cured chemically
 Corp.                                 stabilized electric arc furnace
                                       dust/sludge (CSEAFD) treatment
                                       residue (K061) generated from the
                                       primary production of steel after
                                       May 22, 1989. This exclusion is
                                       conditioned upon the data
                                       obtained from Bethlehem's full-
                                       scale CSEAFD treatment facility
                                       because Bethlehem's original data
                                       were obtained from a labortory-
                                       scale CSEAFD treatment process.
                                       To ensure that hazardous
                                       constituents are not present in
                                       the waste at levels of regulatory
                                       concern once the full-scale
                                       treatment facility is in
                                       operation, Bethlehem must
                                       implement a testing program for
                                       the petitioned waste. This
                                       testing program must meet the
                                       following conditions for the
                                       exclusion to be valid:
                                      (1) Testing:
                                      (A) Initial Testing: During the
                                       first four weeks of operation of
                                       the full-scale treatment system,
                                       Bethlehem must collect
                                       representative grab samples of
                                       each treated batch of the CSEAFD
                                       and composite the grab samples
                                       daily. The daily composites,
                                       prior to disposal, must be
                                       analyzed for the EP leachate
                                       concentrations of all the EP
                                       toxic metals, nickel and cyanide
                                       (using distilled water in the
                                       cyanide extractions), and the
                                       total constituent concentrations
                                       of reactive sulfide and reactive
                                       cyanide. Analyses must be
                                       performed according to SW-846
                                       methodologies. Bethlehem must
                                       report the analytical test data
                                       obtained during this initial
                                       period no later than 90 days
                                       after the treatment of the first
                                       full-scale batch.
                                      (B) Subsequent Testing: Bethlehem
                                       must collect representative grab
                                       samples from every treated batch
                                       of CSEAFD generated daily and
                                       composite all of the grab samples
                                       to produce a weekly composite
                                       sample. Bethlehem then must
                                       analyze each weekly composite
                                       sample for the EP leachate
                                       concentrations of all the EP
                                       toxic metals and nickel. Analyses
                                       must be performed according to SW-
                                       846 methodologies. The analytical
                                       data, including all quality
                                       control information, must be
                                       compiled and maintained on site
                                       for a minimum of three years.
                                       These data must be furnished upon
                                       request and made available for
                                       inspection by any employee or
                                       representative of EPA or the
                                       State of Pennsylvania.
                                      (2) Delisting Levels: If the EP
                                       extract concentrations resulting
                                       from the testing in condition
                                       (1)(A) or (1)(B) for chromium,
                                       lead, arsenic, or silver exceed
                                       0.315 mg/L, for barium exceeds
                                       6.3 mg/l; for cadmium or selenium
                                       exceed 0.063 mg/l; for mercury
                                       exceeds 0.0126 mg/l; for nickel
                                       exceeds 3.15 mg/l; or for cyanide
                                       exceeds 4.42 mg/L, or total
                                       reactive cyanide or total
                                       reactive sulfide levels exceed
                                       250 mg/kg and 500 mg/kg,
                                       respectively, the waste must
                                       either be re-treated or managed
                                       and disposed in accordance with
                                       subtitle C of RCRA.
                                      (3) Data submittals: Within one
                                       week of system start-up,
                                       Bethlehem must notify the Section
                                       Chief, Variances Section (see
                                       address below) when their full-
                                       scale stabilization system is on-
                                       line and waste treatment has
                                       begun. All data obtained through
                                       the initial testing condition
                                       (1)(A), must be submitted to the
                                       Section Chief, Variances Section,
                                       PSPD/OSW, (OS-343), U.S. EPA, 401
                                       M Street, SW., Washington, DC
                                       20406 within the time period
                                       specified in condition (1)(A). At
                                       the Section Chief's request,
                                       Bethlehem must submit analytical
                                       data obtained through condition
                                       (1)(B) to the above address,
                                       within the time period specified
                                       by the Section Chief. Failure to
                                       submit the required data obtained
                                       from either condition (1)(A) or
                                       (1)(B) within the specified time
                                       periods will be considered by the
                                       Agency sufficient basis to revoke
                                       Bethlehem's exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by the
                                       following certification
                                       statement:
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code
                                       which include, but may not be
                                       limited to, 18 U.S.C. 6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete.
                                      ``As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      ``In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       wastes will be void as if it
                                       never had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''

[[Page 124]]

 
BF Goodrich        Calvert City,      Brine purification muds and
 Intermediates      Kentucky.          saturator insolubles (EPA
 Company, Inc.                         Hazardous Waste No. K071) after
                                       August 18, 1989. This exclusion
                                       is conditional upon the
                                       collection and submission of data
                                       obtained from BFG's full-scale
                                       treatment system because BFG's
                                       original data was based on data
                                       presented by another petitioner
                                       using an identical treatment
                                       process. To ensure that hazardous
                                       constituents are not present in
                                       the waste at levels of regulatory
                                       concern once the full-scale
                                       treatment facility is in
                                       operation, BFG must implement a
                                       testing program. All sampling and
                                       analyses (including quality
                                       control procedures) must be
                                       performed according to SW-846
                                       procedures. This testing program
                                       must meet the following
                                       conditions for the exclusion to
                                       be valid:
                                      (1) Initial Testing: During the
                                       first four weeks of full-scale
                                       operation, BFG must do the
                                       following:
                                      (A) Collect representative grab
                                       samples from every batch of the
                                       treated mercury brine
                                       purification muds and treated
                                       saturator insolubles on a daily
                                       basis and composite the grab
                                       samples to produce two separate
                                       daily composite samples (one of
                                       the treated mercury brine
                                       purification muds and one of the
                                       treated saturator insolubles).
                                       Prior to disposal of the treated
                                       batches, two daily composite
                                       samples must be analyzed for EP
                                       leachate concentration of
                                       mercury. BFG must report the
                                       analytical test data, including
                                       all quality control data, within
                                       90 days after the treatment of
                                       the first full-scale batch.
                                      (B) Collect representative grab
                                       samples from every batch of the
                                       treated mercury brine
                                       purification muds and treated
                                       saturator insolubles on a daily
                                       basis and composite the grab
                                       samples to produce two separate
                                       weekly composite samples (one of
                                       the treated mercury brine muds
                                       and one of the treated saturator
                                       insolubles). Prior to disposal of
                                       the treated batches, two weekly
                                       composite samples must be
                                       analyzed for the EP leachate
                                       concentrations of all the EP
                                       toxic metals (except mercury),
                                       nickel, and cyanide (using
                                       distilled water in the cyanide
                                       extractions), and the total
                                       constituent concentrations of
                                       reactive sulfide and reactive
                                       cyanide. BFG must report the
                                       analytical test data, including
                                       all quality control data,
                                       obtained during this initial
                                       period no later than 90 days
                                       after the treatment of the first
                                       full-scale batch.
                                      (2) Subsequent Testing: After the
                                       first four weeks of full-scale
                                       operation, BFG must do the
                                       following:
                                      (A) Continue to sample and test as
                                       described in condition (1)(A).
                                       BFG must compile and store on-
                                       site for a minimum of three years
                                       all analytical data and quality
                                       control data. These data must be
                                       furnished upon request and made
                                       available for inspection by any
                                       employee or representative of EPA
                                       or the State of Kentucky.
                                      (B) Continue to sample and test as
                                       described in condition (1)(B).
                                       BFG must compile and store on-
                                       site for a minimum of three years
                                       all analytical data and quality
                                       control data. These data must be
                                       furnished upon request and made
                                       available for inspection by any
                                       employee or representative of EPA
                                       or the State of Kentucky. These
                                       testing requirements shall be
                                       terminated by EPA when the
                                       results of four consecutive
                                       weekly composite samples of both
                                       the treated mercury brine muds
                                       and treated saturator insolubles,
                                       obtained from either the initial
                                       testing or subsequent testing,
                                       show the maximum allowable levels
                                       in condition (3) are not exceeded
                                       and the Section Chief, Variances
                                       Section, notifies BFG that the
                                       requirements of this condition
                                       have been lifted.
                                      (3) If, under condition (1) or
                                       (2), the EP leachate
                                       concentrations for chromium,
                                       lead, arsenic, or silver exceed
                                       0.316 mg/l; for barium exceeds
                                       6.31 mg/l; for cadmium or
                                       selenium exceed 0.063 mg/l; for
                                       mercury exceeds 0.0126 mg/l, for
                                       nickel exceeds 3.16 mg/l; for
                                       cyanide exceeds 4.42 mg/l; or for
                                       total reactive cyanide or total
                                       reactive sulfide levels exceed
                                       250 mg/kg and 500 mg/kg,
                                       respectively, the waste must
                                       either be retreated until it
                                       meets these levels or managed and
                                       disposed of in accordance with
                                       subtitle C of RCRA.
                                      (4) Within one week of system
                                       start-up, BFG must notify the
                                       Section Chief, Variances Section
                                       (see address below) when the full-
                                       scale system is on-line and waste
                                       treatment has begun. All data
                                       obtained through condition (1)
                                       must be submitted to the Section
                                       Chief, Variances Section, PSPD/
                                       OSW (OS-343), U.S. EPA, 401 M
                                       Street, SW., Washington, DC 20460
                                       within the time period specified
                                       in condition (1). At the Section
                                       Chief's request, BFG must submit
                                       any other analytical data
                                       obtained through condition (2) to
                                       the above address, within the
                                       time period specified by the
                                       Section Chief. Failure to submit
                                       the required data will be
                                       considered by the Agency
                                       sufficient basis to revoke BFG's
                                       exclusion to the extent directed
                                       by EPA. All data must be
                                       accompanied by the following
                                       certification statement:
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code
                                       which include, but may not be
                                       limited to, 18 U.S.C. Sec.
                                       6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       wastes will be void as if it
                                       never had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''

[[Page 125]]

 
CF&I Steel         Pueblo, Colorado.  Fully-cured chemically stabilized
 Corporation.                          electric arc furnace dust/sludge
                                       (CSEAFD) treatment residue (EPA
                                       Hazardous Waste No. K061)
                                       generated from the primary
                                       production of steel after May 9,
                                       1989. This exclusion is
                                       conditioned upon the data
                                       obtained from CF&I's full-scale
                                       CSEAFD treatment facility because
                                       CF&I's original data was obtained
                                       from a laboratory-scale CSEAFD
                                       treatment process. To ensure that
                                       hazardous constituents are not
                                       present in the waste at levels of
                                       regulatory concern once the full-
                                       scale treatment facility is in
                                       operation, CF&I must implement a
                                       testing program for the
                                       petitioned waste. This testing
                                       program must meet the following
                                       conditions for the exclusion to
                                       be vaild:
                                      (1) Testing:
                                      (A) Initial Testing: During the
                                       first four weeks of operation of
                                       the full-scale treatment system,
                                       CF&I must collect representative
                                       grab samples of each treated
                                       batch of the CSEAFD and composite
                                       the grab samples daily. The daily
                                       composites, prior to disposal,
                                       must be analyzed for the EP
                                       leachate concentrations of all
                                       the EP toxic metals, nickel, and
                                       cyanide (using distilled water in
                                       the cyanide extractions), and the
                                       total constituent concentrations
                                       of reactive sulfide and reactive
                                       cyanide. Analyses must be
                                       performed according to SW-846
                                       methodologies. CF&I must report
                                       the analytical test data obtained
                                       during this initial period no
                                       later than 90 days after the
                                       treatment of the first full-scale
                                       batch.
                                      (B) Subsequent Testing: CF&I must
                                       collect representative grab
                                       samples from every treated batch
                                       of CSEAFD generated daily and
                                       composite all of the grab samples
                                       to produce a weekly composite
                                       sample. CF&I then must analyze
                                       each weekly composite sample for
                                       the EP leachate concentrations of
                                       all of the EP toxic metals and
                                       nickel. Analyses must be
                                       performed according to SW-846
                                       methodologies. The analytical
                                       data, including all quality
                                       control information, must be
                                       compiled and maintained on site
                                       for a minimum of three years.
                                       These data must be furnished upon
                                       request and made available for
                                       inspection by any employee or
                                       representative of EPA or the
                                       State of Colorado.
                                      (2) Delisting levels: If the EP
                                       extract concentrations determined
                                       in conditions (1)(A) or (1)(B)
                                       for chromium, lead, arsenic, or
                                       silver exceed 0.315 mg/1; for
                                       barium exceeds 6.3 mg/1; for
                                       cadmium or selenium exceed 0.063
                                       mg/1; for mercury exceeds 0.0126
                                       mg/1; for nickel exceeds 3.15 mg/
                                       1; or for cyanide exceeds 4.42 mg/
                                       1, or total reactive cyanide or
                                       total reactive sulfide levels
                                       exceed 250 mg/kg and 500 mg/kg,
                                       respectively, the waste must
                                       either be re-treated or managed
                                       and disposed in accordance with
                                       Subtitle C of RCRA.
                                      (3) Data submittals: Within one
                                       week of system start-up, CF&I
                                       must notify the Section Chief,
                                       Variances Section (see address
                                       below) when their full-scale
                                       stabilization system is on-line
                                       and waste treatment has begun.
                                       All data obtained through the
                                       initial testing condition (1)(A),
                                       must be submitted to the Section
                                       Chief, Variances Section, PSPD/
                                       OSW, (OS-343), U.S. EPA, 401 M
                                       Street, SW., Washington, DC 20460
                                       within the time period specified
                                       in condition (1)(A). At the
                                       Section Chief's request, CF&I
                                       must submit analytical data
                                       obtained through condition (1)(B)
                                       to the above address, within the
                                       time period specified by the
                                       Section Chief. Failure to submit
                                       the required data obtained from
                                       either condition (1)(A) or (1)(B)
                                       within the specified time periods
                                       will be considered by the Agency
                                       sufficient basis to revoke CF&I's
                                       exclusion to the extent directed
                                       by EPA. All data must be
                                       accompanied by the following
                                       certification statement: ``Under
                                       civil and criminal penalty of law
                                       for the making of submission of
                                       false or fraudulent statements or
                                       representations (pursuant to the
                                       applicable provisions of the
                                       Federal Code which include, but
                                       may not be limited to, 18 U.S.C.
                                       6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete. As
                                       to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete. In the event that any
                                       of this information is determined
                                       by EPA in its sole discretion to
                                       be false, inaccurate or
                                       incomplete, and upon conveyance
                                       of this fact to the company, I
                                       recognize and agree that this
                                       exclusion of wastes will be void
                                       as if it never had effect or to
                                       the extent directed by EPA and
                                       that the company will be liable
                                       for any actions taken in
                                       contravention of the company's
                                       RCRA and CERCLA obligations
                                       premised upon the company's
                                       reliance on the void exclusion.''
Chaparral Steel    Midlothian, Texas  Leachate from Landfill No. 3,
 Midlothian, L.P.                      storm water from the baghouse
                                       area, and other K061 wastewaters
                                       which have been pumped to tank
                                       storage (at a maximum generation
                                       of 2500 cubic yards or 500,000
                                       gallons per calender year) (EPA
                                       Hazardous Waste No. K061)
                                       generated at Chaparral Steel
                                       Midlothian, L.P., Midlothian,
                                       Texas, and is managed as
                                       nonhazardous solid waste after
                                       February 23, 2000.
                                      Chaparral Steel must implement a
                                       testing program that meets the
                                       following conditions for the
                                       exclusion to be valid:
                                       (1) Delisting Levels: All
                                       concentrations for the
                                       constituent total lead in the
                                       approximately 2,500 cubic yards
                                       (500,000 gallons) per calender
                                       year of raw leachate from
                                       Landfill No. 3, storm water from
                                       the baghouse area, and other K061
                                       wastewaters that is transferred
                                       from the storage tank to
                                       nonhazardous management must not
                                       exceed 0.69 mg/l (ppm).
                                       Constituents must be measured in
                                       the waste by the method specified
                                       in SW-846.

[[Page 126]]

 
                                       (2) Waste Holding and Handling:
                                       Chaparral Steel must store as
                                       hazardous all leachate waste from
                                       Landfill No. 3, storm water from
                                       the bag house area, and other
                                       K061 wastewaters until
                                       verification testing as specified
                                       in Condition (3), is completed
                                       and valid analyses demonstrate
                                       that condition (1) is satisfied.
                                       If the levels of constituents
                                       measured in the samples of the
                                       waste do not exceed the levels
                                       set forth in Condition (1), then
                                       the waste is nonhazardous and may
                                       be managed and disposed of in
                                       accordance with all applicable
                                       solid waste regulations. If
                                       constituent levels in a sample
                                       exceed the delisting levels set
                                       in Condition (1), the waste
                                       volume corresponding to this
                                       sample must be treated until
                                       delisting levels are met or
                                       returned to the original storage
                                       tank. Treatment is designated as
                                       precipitation, flocculation, and
                                       filtering in a wastewater
                                       treatment system to remove metals
                                       from the wastewater. Treatment
                                       residuals precipitated will be
                                       designated as a hazardous waste.
                                       If the delisting level cannot be
                                       met, then the waste must be
                                       managed and disposed of in
                                       accordance with subtitle C of
                                       RCRA.
                                       (3) Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures, must be
                                       performed according to SW-846
                                       methodologies. Chaparral Steel
                                       must analyze one composite sample
                                       from each batch of untreated
                                       wastewater transferred from the
                                       hazardous waste storage tank to
                                       non-hazardous waste management.
                                       Each composited batch sample must
                                       be analyzed, prior to non-
                                       hazardous management of the waste
                                       in the batch represented by that
                                       sample, for the constituent lead
                                       as listed in Condition (1).
                                       Chaparral may treat the waste as
                                       specified in Condition (2).
                                      If EPA judges the treatment
                                       process to be effective during
                                       the operating conditions used
                                       during the initial verification
                                       testing, Chaparral Steel may
                                       replace the testing requirement
                                       in Condition (3)(A) with the
                                       testing requirement in Condition
                                       (3)(B). Chaparral must continue
                                       to test as specified in (3)(A)
                                       until and unless notified by EPA
                                       or designated authority that
                                       testing in Condition (3)(A) may
                                       be replaced with by Condition
                                       (3)(B).
                                       (A) Initial Verification Testing:
                                       Representative composite samples
                                       from the first eight (8) full-
                                       scale treated batches of
                                       wastewater from the K061 leachate/
                                       wastewater storage tank must be
                                       analyzed for the constituent lead
                                       as listed in Condition (1),
                                       Chaparral must report to EPA the
                                       operational and analytical test
                                       data, including quality control
                                       information, obtained from these
                                       initial full scale treatment
                                       batches within 90 days of the
                                       eighth treatment batch.
                                       (B) Subsequent Verification
                                       Testing: Following notification
                                       by EPA, Chaparral Steel may
                                       substitute the testing conditions
                                       in (3)(B) for (3)(A). Chaparral
                                       Steel must analyze representative
                                       composite samples from the
                                       treated full scale batches on an
                                       annual basis. If delisting levels
                                       for any constituent listed in
                                       Condition (1) are exceeded in the
                                       annual sample, Chaparral must
                                       reinstitute complete testing as
                                       required in Condition (3)(A). As
                                       stated in Condition (3) Chaparral
                                       must continue to test all batches
                                       of untreated waste to determine
                                       if delisting criteria are met
                                       before managing the wastewater
                                       from the K061 tank as
                                       nonhazardous.
                                       (4) Changes in Operating
                                       Conditions: If Chaparral Steel
                                       significantly changes the
                                       treatment process established
                                       under Condition (3) (e.g., use of
                                       new treatment agents), Chaparral
                                       Steel must notify the Agency in
                                       writing. After written approval
                                       by EPA, Chaparral Steel may
                                       handle the wastes generated as
                                       non-hazardous, if the wastes meet
                                       the delisting levels set in
                                       Condition (1).
                                       (5) Data Submittals: Records of
                                       operating conditions and
                                       analytical data from Condition
                                       (3) must be compiled, summarized,
                                       and maintained on site for a
                                       minimum of five years. These
                                       records and data must be
                                       furnished upon request by EPA, or
                                       the State of Texas, or both, and
                                       be made available for inspection.
                                       Failure to submit the required
                                       data within the specified time
                                       period or maintain the required
                                       records on site for the specified
                                       time will be considered by EPA,
                                       at its discretion, sufficient
                                       basis to reopen the exclusion as
                                       described in Paragraph (6). All
                                       data must be accompanied by a
                                       signed copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:
                                      Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                       (6) Reopener Language

[[Page 127]]

 
                                       (A) If, anytime after disposal of
                                       the delisted waste, Chaparral
                                       Steel possesses or is otherwise
                                       made aware of any environmental
                                       data (including but not limited
                                       to leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Regional Administrator or his
                                       delegate in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Regional Administrator or his
                                       delegate within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                       (B) Based on the information
                                       described in paragraphs (5), or
                                       (6)(A) and any other information
                                       received from any source, the
                                       Regional Administrator or his
                                       delegate will make a preliminary
                                       determination as to whether the
                                       reported information requires
                                       Agency action to protect human
                                       health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                       (C) If the Regional Administrator
                                       or his delegate determines that
                                       the reported information does
                                       require Agency action, the
                                       Regional Administrator or his
                                       delegate will notify the facility
                                       in writing of the actions the
                                       Regional Administrator or his
                                       delegate believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Regional Administrator or
                                       delegate's notice to present such
                                       information.
                                       (D) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(C) or
                                       (if no information is presented
                                       under paragraph (6)(C)) the
                                       initial receipt of information
                                       described in paragraph (5) or
                                       (6)(A), the Regional
                                       Administrator or his delegate
                                       will issue a final written
                                       determination describing the
                                       Agency actions that are necessary
                                       to protect human health or the
                                       environment. Any required action
                                       described in the Regional
                                       Administrator or delegate's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator or his
                                       delegate provides otherwise.
                                       (7) Notification Requirements:
                                       Chaparral Steel must provide a
                                       one-time written notification to
                                       any State Regulatory Agency to
                                       which or through which the
                                       delisted waste described above
                                       will be transported for disposal
                                       at least 60 days prior to the
                                       commencement of such activity.
                                       The one-time written notification
                                       must be updated if the delisted
                                       waste is shipped to a different
                                       disposal facility. Failure to
                                       provide such a notification will
                                       result in a violation of the
                                       delisting petition and a possible
                                       revocation of the decision.
Conversion         Horsham,           Chemically Stabilized Electric Arc
 Systems, Inc.      Pennsylvania.      Furnace Dust (CSEAFD) that is
                                       generated by Conversion Systems,
                                       Inc. (CSI) (using the Super
                                       DetoxTM treatment process as
                                       modified by CSI to treat EAFD
                                       (EPA Hazardous Waste No. K061))
                                       at the following sites and that
                                       is disposed of in Subtitle D
                                       landfills:
                                      Northwestern Steel, Sterling,
                                       Illinois after June 13, 1995.
                                      CSI must implement a testing
                                       program for each site that meets
                                       the following conditions for the
                                       exclusion to be valid:
                                      (1) Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures, must be
                                       performed according to SW-846
                                       methodologies.
                                      (A) Initial Verification Testing:
                                       During the first 20 operating
                                       days of full-scale operation of a
                                       newly constructed Super DetoxTM
                                       treatment facility, CSI must
                                       analyze a minimum of four (4)
                                       composite samples of CSEAFD
                                       representative of the full 20-day
                                       period. Composites must be
                                       comprised of representative
                                       samples collected from every
                                       batch generated. The CSEAFD
                                       samples must be analyzed for the
                                       constituents listed in Condition
                                       (3). CSI must report the
                                       operational and analytical test
                                       data, including quality control
                                       information, obtained during this
                                       initial period no later than 60
                                       days after the generation of the
                                       first batch of CSEAFD.
                                      (B) Addition of New Super DetoxTM
                                       Treatment Facilities to
                                       Exclusion: If the Agency's review
                                       of the data obtained during
                                       initial verification testing
                                       indicates that the CSEAFD
                                       generated by a specific Super
                                       DetoxTM treatment facility
                                       consistently meets the delisting
                                       levels specified in Condition
                                       (3), the Agency will publish a
                                       notice adding to this exclusion
                                       the location of the new Super
                                       DetoxTM treatment facility and
                                       the name of the steel mill
                                       contracting CSI's services. If
                                       the Agency's review of the data
                                       obtained during initial
                                       verification testing indicates
                                       that the CSEAFD generated by a
                                       specific Super DetoxTM treatment
                                       facility fails to consistently
                                       meet the conditions of the
                                       exclusion, the Agency will not
                                       publish the notice adding the new
                                       facility.
                                      (C) Subsequent Verification
                                       Testing: For the Sterling,
                                       Illinois facility and any new
                                       facility subsequently added to
                                       CSI's conditional multiple-site
                                       exclusion, CSI must collect and
                                       analyze at least one composite
                                       sample of CSEAFD each month. The
                                       composite samples must be
                                       composed of representative
                                       samples collected from all
                                       batches treated in each month.
                                       These monthly representative
                                       samples must be analyzed, prior
                                       to the disposal of the CSEAFD,
                                       for the constituents listed in
                                       Condition (3). CSI may, at its
                                       discretion, analyze composite
                                       samples gathered more frequently
                                       to demonstrate that smaller
                                       batches of waste are
                                       nonhazardous.

[[Page 128]]

 
                                      (2) Waste Holding and Handling:
                                       CSI must store as hazardous all
                                       CSEAFD generated until
                                       verification testing as specified
                                       in Conditions (1)(A) and (1)(C),
                                       as appropriate, is completed and
                                       valid analyses demonstrate that
                                       Condition (3) is satisfied. If
                                       the levels of constituents
                                       measured in the samples of CSEAFD
                                       do not exceed the levels set
                                       forth in Condition (3), then the
                                       CSEAFD is non-hazardous and may
                                       be disposed of in Subtitle D
                                       landfills. If constituent levels
                                       in a sample exceed any of the
                                       delisting levels set in Condition
                                       (3), the CSEAFD generated during
                                       the time period corresponding to
                                       this sample must be retreated
                                       until it meets these levels, or
                                       managed and disposed of in
                                       accordance with Subtitle C of
                                       RCRA. CSEAFD generated by a new
                                       CSI treatment facility must be
                                       managed as a hazardous waste
                                       prior to the addition of the name
                                       and location of the facility to
                                       the exclusion. After addition of
                                       the new facility to the
                                       exclusion, CSEAFD generated
                                       during the verification testing
                                       in Condition (1)(A) is also non-
                                       hazardous, if the delisting
                                       levels in Condition (3) are
                                       satisfied.
                                      (3) Delisting Levels: All
                                       leachable concentrations for
                                       those metals must not exceed the
                                       following levels (ppm): Antimony--
                                       0.06; arsenic--0.50; barium--7.6;
                                       beryllium--0.010; cadmium--0.050;
                                       chromium--0.33; lead--0.15;
                                       mercury--0.009; nickel--1;
                                       selenium--0.16; silver--0.30;
                                       thallium--0.020; vanadium--2; and
                                       zinc--70. Metal concentrations
                                       must be measured in the waste
                                       leachate by the method specified
                                       in 40 CFR 261.24.
                                      (4) Changes in Operating
                                       Conditions: After initiating
                                       subsequent testing as described
                                       in Condition (1)(C), if CSI
                                       significantly changes the
                                       stabilization process established
                                       under Condition (1) (e.g., use of
                                       new stabilization reagents), CSI
                                       must notify the Agency in
                                       writing. After written approval
                                       by EPA, CSI may handle CSEAFD
                                       wastes generated from the new
                                       process as non-hazardous, if the
                                       wastes meet the delisting levels
                                       set in Condition (3).
                                      (5) Data Submittals: At least one
                                       month prior to operation of a new
                                       Super DetoxTM treatment facility,
                                       CSI must notify, in writing, the
                                       Chief of the Waste Identification
                                       Branch (see address below) when
                                       the Super DetoxTM treatment
                                       facility is scheduled to be on-
                                       line. The data obtained through
                                       Condition (1)(A) must be
                                       submitted to the Branch Chief of
                                       the Waste Identification Branch,
                                       OSW (Mail Code 5304), U.S. EPA,
                                       401 M Street, SW, Washington, DC
                                       20460 within the time period
                                       specified. Records of operating
                                       conditions and analytical data
                                       from Condition (1) must be
                                       compiled, summarized, and
                                       maintained on site for a minimum
                                       of five years. These records and
                                       data must be furnished upon
                                       request by EPA, or the State in
                                       which the CSI facility is
                                       located, and made available for
                                       inspection. Failure to submit the
                                       required data within the
                                       specified time period or maintain
                                       the required records on site for
                                       the specified time will be
                                       considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:
                                      Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
DOE-RL...........  Richland,          Effluents (EPA Hazardous Waste
                    Washington.        Nos. F001, F002, F003, F004,
                                       F005, and F039 derived from F001
                                       through F005) generated from the
                                       200 Area Effluent Treatment
                                       Facility (ETF) located at the
                                       Hanford site (at a maximum
                                       generation rate of 19 million
                                       gallons per year) after June 13,
                                       1995. To ensure that hazardous
                                       constituents are not present in
                                       the wastes at levels of
                                       regulatory concern while the
                                       treatment facility is in
                                       operation, DOE must implement a
                                       testing program. This testing
                                       program must meet the following
                                       conditions for the exclusion to
                                       be valid:
                                      (1) Testing: Sample collection and
                                       analyses (including quality
                                       control (QC) procedures) must be
                                       performed according to SW-846 (or
                                       other EPA-approved)
                                       methodologies. If EPA judges the
                                       treatment process to be effective
                                       under the operating conditions
                                       used during the initial
                                       verification testing, DOE may
                                       replace the testing required in
                                       Condition (1)(A) with the testing
                                       required in Condition (1)(B). DOE
                                       must continue to test as
                                       specified in Condition (1)(A)
                                       until notified by EPA in writing
                                       that testing in Condition (1) (A)
                                       may be replaced by Condition
                                       (1)(B).

[[Page 129]]

 
                                      (A) Initial Verification Testing:
                                       During the period required to
                                       fill the first three verification
                                       tanks (each designed to hold
                                       approximately 650,000 gallons)
                                       with effluents generated from an
                                       on-line, full-scale Effluent
                                       Treatment Facility (ETF), DOE
                                       must monitor the range of typical
                                       operating conditions for the ETF.
                                       DOE must collect a representative
                                       sample from each of the first
                                       three verification tanks filled
                                       with ETF effluents. The samples
                                       must be analyzed, prior to
                                       disposal of ETF effluents, for
                                       all constituents listed in
                                       Condition (3). DOE must report
                                       the operational and analytical
                                       test data, including quality
                                       control information, obtained
                                       during this initial period no
                                       later than 90 days after the
                                       first verification tank is filled
                                       with ETF effluents.
                                      (B) Subsequent Verification
                                       Testing: Following notification
                                       by EPA, DOE may substitute the
                                       testing conditions in this
                                       condition for (1)(A). DOE must
                                       continue to monitor operating
                                       conditions, and collect and
                                       analyze representative samples
                                       from every tenth verification
                                       tank filled with ETF effluents.
                                       These representative samples must
                                       be analyzed, prior to disposal of
                                       ETF effluents, for all
                                       constituents listed in Condition
                                       (3). If all constituent levels in
                                       a sample do not meet the
                                       delisting levels specified in
                                       Condition (3), DOE must analyze
                                       representative samples from the
                                       following two verification tanks
                                       generated prior to disposal. DOE
                                       may also collect and analyze
                                       representative samples more
                                       frequently.
                                      (2) Waste Holding and Handling:
                                       DOE must store as hazardous all
                                       ETF effluents generated during
                                       verification testing (as
                                       specified in Conditions (1)(A)
                                       and (1)(B)), that is until valid
                                       analyses demonstrate that
                                       Condition (3) is satisfied. If
                                       the levels of hazardous
                                       constituents in the samples of
                                       ETF effluents are equal to or
                                       below all of the levels set forth
                                       in Condition (3), then the ETF
                                       effluents are not hazardous and
                                       may be managed and disposed of in
                                       accordance with all applicable
                                       solid waste regulations. If
                                       hazardous constituent levels in
                                       any representative sample
                                       collected from a verification
                                       tank exceed any of the delisting
                                       levels set in Condition (3), the
                                       ETF effluents in that
                                       verification tank must be re-
                                       treated until the ETF effluents
                                       meet these levels. Following re-
                                       treatment, DOE must repeat
                                       analyses in Condition (3) prior
                                       to disposal.
                                      (3) Delisting Levels: All total
                                       constituent concentrations in the
                                       waste samples must be measured
                                       using the appropriate methods
                                       specified in ``Test Methods for
                                       Evaluating Solid Wastes: Physical/
                                       Chemical Methods,'' U.S. EPA
                                       Publication SW-846 (or other EPA-
                                       approved methods). All total
                                       constituent concentrations must
                                       be equal to or less than the
                                       following levels (ppm):
 
                                      Inorganic Constituents
 
                                      Ammonium--10.0
                                      Antimony--0.06
                                      Arsenic--0.5
                                      Barium--20.0
                                      Beryllium--0.04
                                      Cadmium--0.05
                                      Chromium--1.0
                                      Cyanide--2.0
                                      Fluoride--40.0
                                      Lead--0.15
                                      Mercury--0.02
                                      Nickel--1.0
                                      Selenium--0.5
                                      Silver--2.0
                                      Vanadium--2.0
                                      Zinc--100.0
 
                                      Organic Constituents
 
                                      Acetone--40.0
                                      Benzene--0.05
                                      Benzyl alcohol--100.0
                                      1-Butyl alcohol--40.0
                                      Carbon tetrachloride--0.05
                                      Chlorobenzene--1.0
                                      Chloroform--0.1
                                      Cresol--20.0
                                      1,4-Dichlorobenzene--0.75
                                      1,2-Dichloroethane--0.05
                                      1,1-Dichloroethylene--0.07
                                      Di-n-octyl phthalate--7.0
                                      Hexachloroethane--0.06
                                      Methyl ethyl ketone--200.0
                                      Methyl isobutyl ketone--30.0
                                      Naphthalene--10.0
                                      Tetrachloroethylene--0.05
                                      Toluene--10.0
                                      Tributyl phosphate--0.2
                                      1,1,1-Trichloroethane--2.0
                                      1,1,2-Trichloroethane--0.05

[[Page 130]]

 
                                      Trichloroethylene--0.05
                                      Vinyl Chloride--0.02
                                      (4) Changes in Operating
                                       Conditions: After completing the
                                       initial verification testing in
                                       Condition (1)(A), if DOE
                                       significantly changes the
                                       operating conditions established
                                       in Condition (1), DOE must notify
                                       the Agency in writing. After
                                       written approval by EPA, DOE must
                                       re-institute the testing required
                                       in Condition (1)(A). DOE must
                                       report the operations and test
                                       data, required by Condition
                                       (1)(A), including quality control
                                       data, obtained during this period
                                       no later than 60 days after the
                                       changes take place. Following
                                       written notification by EPA, DOE
                                       may replace testing Condition
                                       (1)(A) with (1)(B). DOE must
                                       fulfill all other requirements in
                                       Condition (1), as appropriate.
                                      (5) Data Submittals: At least two
                                       weeks prior to system start-up,
                                       DOE must notify, in writing, the
                                       Chief of the Waste Identification
                                       Branch (see address below) when
                                       the Effluent Treatment Process
                                       will be on-line and waste
                                       treatment will begin. The data
                                       obtained through Condition (1)(A)
                                       must be submitted to the Branch
                                       Chief, Waste Identification
                                       Branch, OSW (Mail Code 5304),
                                       U.S. EPA, 401 M Street, S.W.,
                                       Washington, DC 20460 within the
                                       time period specified. Records of
                                       operating conditions and
                                       analytical data from Condition
                                       (1) must be compiled, summarized,
                                       and maintained on site for a
                                       minimum of three years. These
                                       records and data must be
                                       furnished upon request by EPA or
                                       the State of Washington and made
                                       available for inspection. Failure
                                       to submit the required data
                                       within the specified time period
                                       or to maintain the required
                                       records on site for the specified
                                       time will be considered by EPA,
                                       at its discretion, sufficient
                                       basis to revoke the exclusion to
                                       the extent directed by EPA. All
                                       data must be accompanied by a
                                       signed copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:
                                      Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 USC 1001 and 42
                                       USC 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate, and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the official having
                                       supervisory responsibility for
                                       the persons who, acting under my
                                       direct instructions, made the
                                       verification that this
                                       information is true, accurate,
                                       and complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate, or incomplete,
                                       and upon conveyance of this fact
                                       to DOE, I recognize and agree
                                       that this exclusion of waste will
                                       be void as if it never had effect
                                       or to the extent directed by EPA
                                       and that the DOE will be liable
                                       for any actions taken in
                                       contravention of its RCRA and
                                       CERCLA obligations premised upon
                                       DOE's reliance on the void
                                       exclusion.
DuraTherm,         San Leon, Texas..  Desorber Solids, (at a maximum
 Incorporated.                         generation of 20,000 cubic yards
                                       per calendar year) generated by
                                       DuraTherm using the treatment
                                       process to treat the Desorber
                                       solids, (EPA Hazardous Waste No.
                                       K048, K049, K050, and K051 and
                                       disposed of in a subtitle D
                                       landfill.
                                      DuraTherm must implement the
                                       testing program found in Table 1.
                                       Wastes Excluded From Non-Specific
                                       Sources, for the petition to be
                                       valid.
Envirite of        Harvey, Illinois.  See waste description under
 Illinois                              Envirite of Pennsylvania.
 (formerly
 Envirite
 Corporation).
Envirite of Ohio   Canton, Ohio.....  See waste description under
 (formerly                             Envirite of Pennsylvania.
 Envirite
 Corporation).
Envirite of        York,              Spent pickle liquor (EPA Hazardous
 Pennsylvania       Pennsylvania.      Waste No. K062) generated from
 (formerly                             steel finishing operations of
 Envirite                              facilities within the iron and
 Corporation).                         steel industry (SIC Codes 331 and
                                       332); wastewater treatment sludge
                                       (EPA Hazardous Waste No. K002)
                                       generated from the production of
                                       chrome yellow and orange
                                       pigments; wastewater treatment
                                       sludge (EPA Hazardous Waste No.
                                       K003) generated from the
                                       production of molybdate orange
                                       pigments; wastewater treatment
                                       sludge (EPA Hazardous Waste No.
                                       K004) generated from the
                                       production of zinc yellow
                                       pigments; wastewater treatment
                                       sludge (EPA Hazardous Waste K005)
                                       generated from the production of
                                       chrome green pigments; wastewater
                                       treatment sludge (EPA Hazardous
                                       Waste No. K006) generated from
                                       the production of chrome oxide
                                       green pigments (anhydrous and
                                       hydrated); wastewater treatment
                                       sludge (EPA Hazardous Waste No.
                                       K007) generated from the
                                       production of iron blue pigments;
                                       oven residues (EPA Hazardous
                                       Waste No. K008) generated from
                                       the production of chrome oxide
                                       green pigments after November 14,
                                       1986. To ensure that hazardous
                                       constituents are not present in
                                       the waste at levels of regulatory
                                       concern, the facility must
                                       implement a contingency testing
                                       program for the petitioned
                                       wastes. This testing program must
                                       meet the following conditions for
                                       the exclusions to be valid:

[[Page 131]]

 
                                       (1) Each batch of treatment
                                       residue must be representatively
                                       sampled and tested using the EP
                                       Toxicity test for arsenic,
                                       barium, cadmium, chromium, lead,
                                       selenium, silver, mercury, and
                                       nickel. If the extract
                                       concentrations for chromium,
                                       lead, arsenic, and silver exceed
                                       0.315 ppm; barium levels exceed
                                       6.3 ppm; cadmium and selenium
                                       exceed 0.063 ppm; mercury exceeds
                                       0.0126 ppm; or nickel levels
                                       exceed 2.205 ppm, the waste must
                                       be retreated or managed and
                                       disposed as a hazardous waste
                                       under 40 CFR Parts 262 to 265 and
                                       the permitting standards of 40
                                       CFR Part 270.
                                       (2) Each batch of treatment
                                       residue must be tested for
                                       reactive and leachable cyanide.
                                       If the reactive cyanide levels
                                       exceed 250 ppm; or leachable
                                       cyanide levels (using the EP
                                       Toxicity test without acetic acid
                                       adjustment) exceed 1.26 ppm, the
                                       waste must be re-treated or
                                       managed and disposed as hazardous
                                       waste under 40 CFR Parts 262 to
                                       265 and the permitting standards
                                       of 40 CFR 270.
                                       (3) Each batch of waste must be
                                       tested for the total content of
                                       specific organic toxicants. If
                                       the total content of anthracene
                                       exceeds 76.8 ppm, 1.2-diphenyl
                                       hydrazine exceeds 0.001 ppm,
                                       methylene chloride exceeds 8.18
                                       ppm, methyl ethyl ketone exceeds
                                       326 ppm, n-nitrosodiphenylamine
                                       exceeds 11.9 ppm, phenol exceeds
                                       1,566 ppm, tetrachloroethylene
                                       exceeds 0.188 ppm, or
                                       trichloroethylene exceeds 0.592
                                       ppm, the waste must be managed
                                       and disposed as a hazardous waste
                                       under 40 CFR Parts 262 to 265 and
                                       the permitting standards of 40
                                       CFR Part 27 0.
                                      (4) A grab sample must be
                                       collected from each batch to form
                                       one monthly composite sample
                                       which must be tested using GC/MS
                                       analysis for the compounds listed
                                       in #3, above, as well as the
                                       remaining organics on the
                                       priority pollutant list. (See 47
                                       FR 52309, November 19, 1982, for
                                       a list of the priority
                                       pollutants.)
                                      (5) The data from conditions 1-4
                                       must be kept on file at the
                                       facility for inspection purposes
                                       and must be compiled, summarized,
                                       and submitted to the
                                       Administrator by certified mail
                                       semi-annually. The Agency will
                                       review this information and if
                                       needed will propose to modify or
                                       withdraw the exclusion. The
                                       organics testing described in
                                       conditions 3 and 4, above, is not
                                       required until six months from
                                       the date of promulgation. The
                                       Agency's decision to
                                       conditionally exclude the
                                       treatment residue generated from
                                       the wastewater treatment systems
                                       at these facilities applies only
                                       to the wastewater and solids
                                       treatment systems as they
                                       presently exist as described in
                                       the delisting petition. The
                                       exclusion does not apply to the
                                       proposed process additions
                                       described in the petition as
                                       recovery, including
                                       crystallization, electrolytic
                                       metals recovery, evaporative
                                       recovery, and ion exchange.
Giant Refining     Bloomfield, New    Waste generated during the
 Company, Inc.      Mexico.            excavation of soils from two
                                       wastewater treatment impoundments
                                       (referred to as the South and
                                       North Oily Water Ponds) used to
                                       contain water outflow from an API
                                       separator (EPA Hazardous Waste
                                       No. K051). This is a one-time
                                       exclusion for approximately 2,000
                                       cubic yards of stockpiled waste.
                                       This exclusion was published on
                                       September 3, 1996.
                                      Notification Requirements: Giant
                                       Refining Company must provide a
                                       one-time written notification to
                                       any State Regulatory Agency to
                                       which or through which the
                                       delisted waste described above
                                       will be transported for disposal
                                       at least 60 days prior to the
                                       commencement of such activities.
                                       Failure to provide such a
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
LCP Chemical.....  Orrington, ME....  Brine purification muds and
                                       wastewater treatment sludges
                                       generated after August 27, 1985
                                       from their chlor-alkali
                                       manufacturing operations (EPA
                                       Hazardous Waste Nos. K071 and
                                       K106) that have been batch tested
                                       for mercury using the EP toxicity
                                       procedures and have been found to
                                       contain less than 0.05 ppm
                                       mercury in the EP extract. Brine
                                       purification muds and wastewater
                                       treatment sludges that exceed
                                       this level will be considered a
                                       hazardous waste.
Marathon Oil Co..  Texas City, Texas  Residual solids (at a maximum
                                       annual generation rate of 1,000
                                       cubic yards) generated from the
                                       thermal desorption treatment and,
                                       where necessary, stabilization of
                                       wastewater treatment plant API/
                                       DAF filter cake (EPA Hazardous
                                       Waste Nos. K048 and K051), after
                                       [insert date of publication].
                                       Marathon must implement a testing
                                       program that meets the following
                                       conditions for the exclusion to
                                       be valid:
                                      (1) Testing: Sample collection and
                                       analyses (including quality
                                       control (QC) procedures) must be
                                       performed according to SW-846
                                       methodologies. If EPA judges the
                                       treatment process to be effective
                                       under the operating conditions
                                       used during the initial
                                       verification testing, Marathon
                                       may replace the testing required
                                       in Condition (1)(A) with the
                                       testing required in Condition
                                       (1)(B). Marathon must continue to
                                       test as specified in Condition
                                       (1)(A), including testing for
                                       organics in Conditions (3)(B) and
                                       (3)(C), until and unless notified
                                       by EPA in writing that testing in
                                       Condition (1)(A) may be replaced
                                       by Condition (1)(B), or that
                                       testing for organics may be
                                       terminated as described in (1)(C)
                                       (to the extent directed by EPA).
                                      (A) Initial Verification Testing:
                                       During at least the first 40
                                       operating days of full-scale
                                       operation of the thermal
                                       desorption unit, Marathon must
                                       monitor the operating conditions
                                       and analyze 5-day composites of
                                       residual solids. 5-day composites
                                       must be composed of
                                       representative grab samples
                                       collected from every batch during
                                       each 5-day period of operation.
                                       The samples must be analyzed
                                       prior to disposal of the residual
                                       solids for constituents listed in
                                       Condition (3). Marathon must
                                       report the operational and
                                       analytical test data, including
                                       quality control information,
                                       obtained during this initial
                                       period no later than 90 days
                                       after the treatment of the first
                                       full-scale batch.

[[Page 132]]

 
                                      (B) Subsequent Verification
                                       Testing: Following notification
                                       by EPA, Marathon may substitute
                                       the testing conditions in (1)(B)
                                       for (1)(A). Marathon must
                                       continue to monitor operating
                                       conditions, and analyze samples
                                       representative of each month of
                                       operation. The samples must be
                                       composed of representative grab
                                       samples collected during at least
                                       the first five days of operation
                                       of each month. These monthly
                                       representative samples must be
                                       analyzed for the constituents
                                       listed in Condition (3) prior to
                                       the disposal of the residual
                                       solids. Marathon may, at its
                                       discretion, analyze composite
                                       samples gathered more frequently
                                       to demonstrate that smaller
                                       batches of waste are
                                       nonhazardous.
                                      (C) Termination of Organic
                                       Testing: Marathon must continue
                                       testing as required under
                                       Condition (1)(B) for organic
                                       constituents specified in
                                       Conditions (3)(B) and (3)(C)
                                       until the analyses submitted
                                       under Condition (1)(B) show a
                                       minimum of four consecutive
                                       monthly representative samples
                                       with levels of specific
                                       constituents significantly below
                                       the delisting levels in
                                       Conditions (3)(B) and (3)(C), and
                                       EPA notifies Marathon in writing
                                       that monthly testing for specific
                                       organic constituents may be
                                       terminated. Following termination
                                       of monthly testing, Marathon must
                                       continue to test a representative
                                       5-day composite sample for all
                                       constituents listed in Conditions
                                       (3)(B) and (3)(C) on an annual
                                       basis. If delisting levels for
                                       any constituents listed in
                                       Conditions (3)(B) and (3)(C) are
                                       exceeded in the annual sample,
                                       Marathon must reinstitute
                                       complete testing as required in
                                       Condition (1)(B).
                                      (2) Waste Holding and Handling:
                                       Marathon must store as hazardous
                                       all residual solids generated
                                       until verification testing (as
                                       specified in Conditions (1)(A)
                                       and (1)(B)) is completed and
                                       valid analysis demonstrates that
                                       Condition (3) is satisfied. If
                                       the levels of hazardous
                                       constituents in the samples of
                                       residual solids are below all of
                                       the levels set forth in Condition
                                       (3), then the residual solids are
                                       non-hazardous and may be managed
                                       and disposed of in accordance
                                       with all applicable solid waste
                                       regulations. If hazardous
                                       constituent levels in any 5-day
                                       composite or other representative
                                       sample equal or exceed any of the
                                       delisting levels set in Condition
                                       (3), the residual solids
                                       generated during the
                                       corresponding time period must be
                                       retreated and/or stabilized as
                                       allowed below, until the residual
                                       solids meet these levels, or
                                       managed and disposed of in
                                       accordance with Subtitle C of
                                       RCRA.
                                      If the residual solids contain
                                       leachable inorganic
                                       concentrations at or above the
                                       delisting levels set forth in
                                       Condition (3)(A), then Marathon
                                       may stabilize the material with
                                       Type 1 portland cement as
                                       demonstrated in the petition to
                                       immobilize the metals. Following
                                       stabilization, Marathon must
                                       repeat analyses in Condition
                                       (3)(A) prior to disposal.
                                      (3) Delisting Levels: Leachable
                                       concentrations in Conditions
                                       (3)(A) and (3)(B) must be
                                       measured in the waste leachate by
                                       the method specified in 40 CFR
                                       261.24. The indicator parameters
                                       in Condition (3)(C) must be
                                       measured as the total
                                       concentration in the waste.
                                       Concentrations must be less than
                                       the following levels (ppm):
                                      (A) Inorganic Constituents:
                                       antimony-0.6; arsenic, chromium,
                                       or silver-5.0; barium-100.0;
                                       beryllium-0.4; cadmium-0.5; lead-
                                       1.5; mercury-0.2; nickel-10.0;
                                       selenium-1.0; vanadium-20.0.
                                      (B) Organic Constituents:
                                       acenaphthene-200; benzene-0.5;
                                       benzo(a)anthracene-0.01;
                                       benzo(a)pyrene-0.02;
                                       benzo(b)fluoranthene-0.02;
                                       chrysene-0.02; ethyl benzene-70;
                                       fluoranthene-100; fluorene-100;
                                       naphthalene-100; pyrene-100;
                                       toluene-100.
                                      (C) Indicator Parameters: 1-methyl
                                       naphthalene-3; benzo(a)pyrene-3.
                                      (4) Changes in Operating
                                       Conditions: After completing the
                                       initial verification test period
                                       in Condition (1)(A), if Marathon
                                       significantly changes the
                                       operating conditions established
                                       under Condition (1), Marathon
                                       must notify the Agency in
                                       writing. After written approval
                                       by EPA, Marathon must re-
                                       institute the testing required in
                                       Condition (1)(A) for a minimum of
                                       four 5-day operating periods.
                                       Marathon must report the
                                       operations and test data,
                                       required by Condition (1)(A),
                                       including quality control data,
                                       obtained during this period no
                                       later than 60 days after the
                                       changes take place. Following
                                       written notification by EPA,
                                       Marathon may replace testing
                                       Condition (1)(A) with (1)(B).
                                       Marathon must fulfill all other
                                       requirements in Condition (1), as
                                       appropriate.
                                      (5) Data Submittals: At least two
                                       weeks prior to system start-up,
                                       Marathon must notify in writing
                                       the Section Chief Delisting
                                       Section (see address below) when
                                       the thermal desorption and
                                       stabilization units will be on-
                                       line and waste treatment will
                                       begin. The data obtained through
                                       Condition (1)(A) must be
                                       submitted to the Section Chief,
                                       Delisting Section, OSW (OS-333),
                                       U.S. EPA, 401 M Street, SW.,
                                       Washington, DC 20460 within the
                                       time period specified. Records of
                                       operating conditions and
                                       analytical data from Condition
                                       (1) must be compiled, summarized,
                                       and maintained on site for a
                                       minimum of five years. These
                                       records and data must be
                                       furnished upon request by EPA or
                                       the State of Texas and made
                                       available for inspection. Failure
                                       to submit the required data
                                       within the specified time period
                                       or maintain the required records
                                       on site for the specified time
                                       will be considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate, and complete.

[[Page 133]]

 
                                      As to the (those) identified
                                       sections(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate,
                                       and complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate, or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
Mearl Corp.......  Peekskill, NY....  Wastewater treatment sludge (EPA
                                       Hazardous Waste Nos. K006 and
                                       K007) generated from the
                                       production of chrome oxide green
                                       and iron blue pigments after
                                       November 27, 1985.
Monsanto           Sauget, Illinois.  Brine purification muds (EPA
 Industrial                            Hazardous Waste No. K071)
 Chemicals                             generated from the mercury cell
 Company.                              process in chlorine production,
                                       where separately prepurified
                                       brine is not used after August
                                       15, 1986.
Occidental         Ingleside, Texas.  Limestone Sludge, (at a maximum
 Chemical.                             generation of 1,114 cubic yards
                                       per calendar year) Rockbox
                                       Residue, (at a maximum generation
                                       of 1,000 cubic yards per calendar
                                       year) generated by Occidental
                                       Chemical using the wastewater
                                       treatment process to treat the
                                       Rockbox Residue and the Limestone
                                       Sludge (EPA Hazardous Waste No.
                                       K019, K020). Occidental Chemical
                                       must implement a testing program
                                       that meets conditions found in
                                       Table 1. Wastes Excluded From Non-
                                       Specific Sources from the
                                       petition to be valid.
 
Occidental         Sheffield,         Retorted wastewater treatment
 Chemical Corp.     Alabama.           sludge from the mercury cell
 Muscle Shoals                         process in chlorine production
 Plant.                                (EPA Hazardous Waste No. K106)
                                       after September 19, 1989. This
                                       exclusion is conditional upon the
                                       submission of data obtained from
                                       Occidental's full-scale retort
                                       treatment system because
                                       Occidental's original data were
                                       based on a pilot-scale retort
                                       system. To ensure that hazardous
                                       constituents are not present in
                                       the waste at levels of regulatory
                                       concern once the full-scale
                                       treatment facility is in
                                       operation, Occidental must
                                       implement a testing program. All
                                       sampling and analyses (including
                                       quality control procedures) must
                                       be performed according to SW-846
                                       procedures. This testing program
                                       must meet the following
                                       conditions for the exclusion to
                                       be valid:
 
                                      (1) Initial Testing--During the
                                       first four weeks of full-scale
                                       retort operation, Occidental must
                                       do the following:
                                      (A) Collect representative grab
                                       samples from every batch of
                                       retorted material and composite
                                       the grab samples to produce a
                                       weekly composite sample. The
                                       weekly composite samples, prior
                                       to disposal or recycling, must be
                                       analyzed for the EP leachate
                                       concentrations of all the EP
                                       toxic metals (except mercury),
                                       nickel, and cyanide (using
                                       distilled water in the cyanide
                                       extractions), and the total
                                       constitutent concentrations of
                                       reactive sulfide and reactive
                                       cyanide. Occidental must report
                                       the analytical test data,
                                       including all quality control
                                       data, obtained during this
                                       initial period no later than 90
                                       days after the treatment of the
                                       first full-scale batch.
                                      (B) Collect representative grab
                                       samples of every batch of
                                       retorted material prior to its
                                       disposal or recycling and analyze
                                       the sample for EP leachate
                                       concentration of mercury.
                                       Occidental must report the
                                       analytical test data, including
                                       all quality control data, within
                                       90 days after the treatment of
                                       the first full-scale batch.
 
                                      (2) Subsequent Testing--After the
                                       first four weeks of full-scale
                                       retort operation, Occidental must
                                       do the following:
                                      (A) Continue to sample and test as
                                       described in condition (1)(A).
                                       Occidental must compile and store
                                       on-site for a minimum of three
                                       years all analytical data and
                                       quality control data. These data
                                       must be furnished upon request
                                       and made available for inspection
                                       by any employee or representative
                                       of EPA or the State of Alabama.
                                       These testing requirements shall
                                       be terminated by EPA when the
                                       results of four consecutive
                                       weekly composite samples of the
                                       petitioned waste, obtained from
                                       either the initial testing or
                                       subsequent testing show the
                                       maximum allowable levels in
                                       condition (3) are not exceeded
                                       and the Section Chief, Variances
                                       Section, notifies Occidental that
                                       the requirements of this
                                       condition have been lifted.
                                      (B) Continue to sample and test
                                       for mercury as described in
                                       condition (1)(B).
                                      Occidental must compile and store
                                       on-site for a minimum of three
                                       years all analytical data and
                                       quality control data. These data
                                       must be furnished upon request
                                       and made available for inspection
                                       by any employee or representative
                                       of EPA or the State of Alabama.
                                       These testing requirements shall
                                       remain in effect until Occidental
                                       provides EPA with analytical and
                                       quality control data for thirty
                                       consecutive batches of retorted
                                       material, collected as described
                                       in condition (1)(B),
                                       demonstrating that the EP
                                       leachable levels of mercury are
                                       below the maximum allowable level
                                       in condition (3) and the Section
                                       Chief, Variances Section,
                                       notifies Occidental that the
                                       testing in condition (2)(B) may
                                       be replaced with (2)(C).

[[Page 134]]

 
                                      (C) [If the conditions in (2)(B)
                                       are satisfied, the testing
                                       requirements for mercury in
                                       (2)(B) shall be replaced with the
                                       following condition]. Collect
                                       representative grab samples from
                                       every batch of retorted material
                                       on a daily basis and composite
                                       the grab samples to produce a
                                       weekly composite sample.
                                       Occidental must analyze each
                                       weekly composite sample prior to
                                       its disposal or recycling for the
                                       EP leachate concentration of
                                       mercury. Occidental must compile
                                       and store on-site for a minimum
                                       of three years all analytical
                                       data and quality control data.
                                       These data must be furnished upon
                                       request and made available for
                                       inspection by any employee or
                                       representative of EPA or the
                                       State of Alabama.
                                      (3) If, under condition (1) or
                                       (2), the EP leachate
                                       concentrations for chromium,
                                       lead, arsenic, or silver exceed
                                       1.616 mg/l; for barium exceeds
                                       32.3 mg/l; for cadmium or
                                       selenium exceed 0.323 mg/l; for
                                       mercury exceeds 0.065 mg/l, for
                                       nickel exceeds 16.15 mg/l; for
                                       cyanide exceeds 22.61 mg/l; or
                                       for total reactive cyanide or
                                       total reactive sulfide levels
                                       exceed 250 mg/kg and 500 mg/kg,
                                       respectively, the waste must
                                       either be retreated until it
                                       meets these levels or managed and
                                       disposed of in accordance with
                                       subtitle C of RCRA.
                                      (4) Within one week of system
                                       start-up, Occidental must notify
                                       the Section Chief, Variances
                                       Section (see address below) when
                                       the full-scale retort system is
                                       on-line and waste treatment has
                                       begun. All data obtained through
                                       condition (1) must be submitted
                                       to the Section Chief, Variances
                                       Section, PSPD/OSW (OS-343), U.S.
                                       EPA, 401 M Street SW.,
                                       Washington, DC 20460 within the
                                       time period specified in
                                       condition (1). At the Section
                                       Chief's request, Occidental must
                                       submit any other analytical data
                                       obtained through condition (2) to
                                       the above address, within the
                                       time period specified by the
                                       Section Chief. Failure to submit
                                       the required data will be
                                       considered by the Agency
                                       sufficient basis to revoke
                                       Occidental's exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by the
                                       following certification
                                       statement:
 
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code
                                       which include, but may not be
                                       limited to, 18 U.S.C. 6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       wastes will be void as if it
                                       never had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
Occidental         Delaware City,     Sodium chloride treatment muds
 Chemical           Delaware.          (NaCl-TM), sodium chloride
 Corporation.                          saturator cleanings (NaCl-SC),
                                       and potassium chloride treatment
                                       muds (KCl-TM) (all classified as
                                       EPA Hazardous Waste No. K071)
                                       generated at a maximum combined
                                       rate (for all three wastes) of
                                       1,018 tons per year. This
                                       exclusion was published on April
                                       29, 1991 and is conditioned upon
                                       the collection of data from
                                       Occidental's full-scale brine
                                       treatment system because
                                       Occidental's request for
                                       exclusion was based on data from
                                       a laboratory-scale brine
                                       treatment process. To ensure that
                                       hazardous constituents are not
                                       present in the waste at levels of
                                       regulatory concern once the full-
                                       scale treatment system is in
                                       operation, Occidental must
                                       implement a testing program for
                                       the petitioned waste. All
                                       sampling and analyses (including
                                       quality control procedures) must
                                       be performed according to SW-846
                                       methodologies. This testing
                                       program must meet the following
                                       conditions for the exclusion to
                                       be valid:
                                      (1) Initial Testing: During the
                                       first four weeks of full-scale
                                       treatment system operation,
                                       Occidental must do the following:
                                      (A) Collect representative grab
                                       samples from each batch of the
                                       three treated wastestreams
                                       (sodium chloride saturator
                                       cleanings (NaCl-SC), sodium
                                       chloride treatment muds (NaCl-TM)
                                       and potassium chloride treatment
                                       muds (KCl-TM)) on an as generated
                                       basis, and composite the samples
                                       to produce three separate weekly
                                       composite samples (of each type
                                       of K071 waste). The three weekly
                                       composite samples, prior to
                                       disposal, must be analyzed for
                                       the EP leachate concentrations of
                                       all the EP toxic metals (except
                                       mercury), nickel and cyanide
                                       (using deionized water in the
                                       cyanide extractions), and the
                                       total constituent concentrations
                                       of reactive sulfide and reactive
                                       cyanide. Occidental must report
                                       the waste volumes produced and
                                       the analytical test data,
                                       including all quality control
                                       data, obtained during this
                                       initial period, no later than 90
                                       days after the treatment of the
                                       first full-scale batch.
                                      (B) Collect representative grab
                                       samples of each batch of the
                                       three treated wastestreams (NaCl-
                                       SC, NACl-TM and KCl-TM) and
                                       composite the grab samples to
                                       produce three separate daily
                                       composite samples (of each type
                                       of K071 waste) on an as generated
                                       basis. The three daily composite
                                       samples, prior to disposal, must
                                       be analyzed for the EP leachate
                                       concentration of mercury.
                                       Occidental must report the waste
                                       volumes produced and the
                                       analytical test data, including
                                       all quality control data,
                                       obtained during this initial
                                       period, no later than 90 days
                                       after the treatment of the first
                                       full-scale batch.
                                      (2) Subsequent Testing: After the
                                       first four weeks of full-scale
                                       treatment operations, Occidental
                                       must do the following (all
                                       sampling and analyses (including
                                       quality control procedures) must
                                       be performed according to SW-846
                                       procedures):

[[Page 135]]

 
                                      (A) Continue to sample and test as
                                       described in condition (1)(A).
                                       Occidental must compile and store
                                       on-site for a minimum of three
                                       years the records of waste
                                       volumes produced and all
                                       analytical data and quality
                                       control data. These data must be
                                       furnished upon request and made
                                       available for inspection by any
                                       employee or representative of EPA
                                       or the State of Delaware. These
                                       testing requirements shall be
                                       terminated by EPA when the
                                       results of four consecutive
                                       weekly composite samples of the
                                       petitioned waste, obtained from
                                       either the initial testing or
                                       subsequent testing, show the
                                       maximum allowable levels in
                                       condition (3) are not exceeded
                                       and the Section Chief, Variances
                                       Section, notifies Occidental that
                                       the requirements of this
                                       condition have been lifted.
                                      (B) Continue to sample and test
                                       for mercury as described in
                                       condition (1)(B). Occidental must
                                       compile and store on-site for a
                                       minimum of three years the
                                       records of waste volumes produced
                                       and all analytical data and
                                       quality control data. These data
                                       must be furnished upon request
                                       and made available for inspection
                                       by any employee or representative
                                       of EPA or the State of Delaware.
                                       These testing requirements shall
                                       be terminated and replaced with
                                       the requirements of condition
                                       (2)(C) if Occidental provides EPA
                                       with analytical and quality
                                       control data for thirty
                                       consecutive batches of treated
                                       material, collected as described
                                       in condition (1)(B),
                                       demonstrating that the EP
                                       leachable level of mercury in
                                       condition (3) is not exceeded (in
                                       all three treated wastes), and
                                       the Section Chief, Variances
                                       Section, notifies Occidental that
                                       the testing in condition (2)(B)
                                       may be replaced with (2)(C).
                                      (C) [If the conditions in (2)(B)
                                       are satisfied, the testing
                                       requirements for mercury in
                                       (2)(B) shall be replaced with the
                                       following condition.] Collect
                                       representative grab samples from
                                       each batch of the three treated
                                       wastestreams (NaCl-SC, NaCl-TM
                                       and KCl-TM) on an as generated
                                       basis and composite the grab
                                       samples to produce three separate
                                       weekly composite samples (of each
                                       type of K071 waste). The three
                                       weekly composite samples, prior
                                       to disposal, must be analyzed for
                                       the EP leachate concentration of
                                       mercury. Occidental must compile
                                       and store on-site for a minimum
                                       of three years the records of
                                       waste volumes produced and all
                                       analytical data and quality
                                       control data. These data must be
                                       furnished upon request and made
                                       available for inspection by any
                                       employee or representative of EPA
                                       or the State of Delaware.
                                      (3) If under conditions (1) or
                                       (2), the EP leachate
                                       concentration for chromium, lead,
                                       arsenic, or silver exceeds 0.77
                                       mg/L; for barium exceeds 15.5 mg/
                                       L; for cadmium or selenium
                                       exceeds 0.16 mg/L; for mercury
                                       exceeds 0.031 mg/L; for nickel or
                                       total cyanide exceeds 10.9 mg/L;
                                       or the total reactive cyanide or
                                       total reactive sulfide levels
                                       exceeds 250 mg/kg and 500 mg/kg,
                                       the waste must either be
                                       retreated or managed and disposed
                                       of in accordance with all
                                       applicable hazardous waste
                                       regulations.
                                      (4) Within one week of system
                                       start-up, Occidental must notify
                                       the Section Chief, Variances
                                       Section (see address below) when
                                       the full-scale system is on-line
                                       and waste treatment has begun.
                                       All data obtained through
                                       condition (1) must be submitted
                                       to the Section Chief, Variances
                                       Section, PSPD/OSW, (OS-333), U.S.
                                       EPA, 401 M Street, SW.,
                                       Washington, DC 20460 within the
                                       time period required in condition
                                       (1). At the Section Chief's
                                       request, Occidental must submit
                                       any other analytical data
                                       obtained through conditions (1)
                                       and (2) to the above address
                                       within the time period specified
                                       by the Section Chief. Failure to
                                       submit the required data will be
                                       considered by the Agency
                                       sufficient basis to revoke
                                       Occidental's exclusion to the
                                       extent directed by EPA. All data
                                       (either submitted to EPA or
                                       maintained at the site) must be
                                       accompanied by the following
                                       statement:
 
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to 18 U.S.C. 1001 and 42
                                       U.S.C. 6926), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       wastes will be void as if it
                                       never had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
Oxy Vinyls.......  Deer Park, Texas.  Rockbox Residue, (at a maximum
                                       generation of 1,000 cubic yards
                                       per calender year) generated by
                                       Oxy Vinyls using the wastewater
                                       treatment process to treat the
                                       Rockbox Residue (EPA Hazardous
                                       Waste No. K017, K019, and K020).
                                      Oxy Vinyls must implement a
                                       testing program that meets the
                                       following conditions for the
                                       exclusion to be valid:
                                      (1) Delisting Levels: All
                                       concentrations for the following
                                       constituents must not exceed the
                                       following levels (ppm). The
                                       Rockbox Residue must be measured
                                       in the waste leachate by the
                                       method specified in 40 CFR
                                       261.24.
                                      (A) Rockbox Residue:
                                      (i) Inorganic Constituents:
                                       Barium--200; Chromium--5.0;
                                       Copper--130; Lead+1.5; Tin--
                                       2,100; Vanadium--30; Zinc--1,000

[[Page 136]]

 
                                      (ii) Organic Constituents:
                                       Acetone--400; Dichloromethane--
                                       1.0; Dimethylphthalate--4,000;
                                       Xylene--10,000; 2,3,7,8-TCDD
                                       Equivalent--0.00000006
                                      (2) Waste Holding and Handling:
                                       Oxy Vinyls must store in
                                       accordance with its RCRA permit,
                                       or continue to dispose of as
                                       hazardous waste all Rockbox
                                       Residue generated until the
                                       verification testing described in
                                       Condition (3)(B), as appropriate,
                                       is completed and valid analyses
                                       demonstrate that condition (3) is
                                       satisfied. If the levels of
                                       constituents measured in the
                                       samples of the Rockbox Residue do
                                       not exceed the levels set forth
                                       in Condition (1), then the waste
                                       is nonhazardous and may be
                                       managed and disposed of in
                                       accordance with all applicable
                                       solid waste regulations. If
                                       constituent levels in a sample
                                       exceed any of the delisting
                                       levels set in Condition 1, waste
                                       generated during the time period
                                       corresponding to this sample must
                                       be managed and disposed of in
                                       accordance with subtitle C of
                                       RCRA.
                                      (3) Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures, must be
                                       performed according to SW-846
                                       methodologies. If EPA judges the
                                       incineration process to be
                                       effective under the operating
                                       conditions used during the
                                       initial verification testing, Oxy
                                       Vinyls may replace the testing
                                       required in Condition (3)(A) with
                                       the testing required in Condition
                                       (3)(B). Oxy Vinyls must continue
                                       to test as specified in Condition
                                       (3)(A) until and unless notified
                                       by EPA in writing that testing in
                                       Condition (3)(A) may be replaced
                                       by Condition (3)(B).
                                      (A) Initial Verification Testing:
                                       (i) When the Rockbox unit is
                                       decommissioned for clean out,
                                       after the final exclusion is
                                       granted, Oxy Vinyls must collect
                                       and analyze composites of the
                                       Rockbox Residue. Two composites
                                       must be composed of
                                       representative grab samples
                                       collected from the Rockbox unit.
                                       The waste must be analyzed, prior
                                       to disposal, for all of the
                                       constituents listed in Condition
                                       1. No later than 90 days after
                                       the Rockbox unit is
                                       decommissioned for clean out the
                                       first two times after this
                                       exclusion becomes final, Oxy
                                       Vinyls must report the
                                       operational and analytical test
                                       data, including quality control
                                       information.
                                      (B) Subsequent Verification
                                       Testing: Following written
                                       notification by EPA, Oxy Vinyls
                                       may substitute the testing
                                       conditions in (3)(B) for
                                       (3)(A)(i). Oxy Vinyls must
                                       continue to monitor operating
                                       conditions, analyze samples
                                       representative of each cleanout
                                       of the Rockbox of operation
                                       during the first year of waste
                                       generation.
                                      (C) Termination of Organic Testing
                                       for the Rockbox Residue: Oxy
                                       Vinyls must continue testing as
                                       required under Condition (3)(B)
                                       for organic constituents
                                       specified under Condition (3)(B)
                                       for organic constituents
                                       specified in Condition (1)(A)(ii)
                                       until the analyses submitted
                                       under Condition (3)(B) show a
                                       minimum of two consecutive annual
                                       samples below the delisting
                                       levels in Condition (1)(A)(ii),
                                       Oxy Vinyls may then request that
                                       annual organic testing be
                                       terminated. Following termination
                                       of the quarterly testing, Oxy
                                       Vinyls must continue to test a
                                       representative composite sample
                                       for all constituents listed in
                                       Condition (1) on an annual basis
                                       (no later than twelve months
                                       after exclusion).
                                      (4) Changes in Operating
                                       Conditions: If Oxy Vinyls
                                       significantly changes the process
                                       which generate(s) the waste(s)
                                       and which may or could affect the
                                       composition or type waste(s)
                                       generated as established under
                                       Condition (1) (by illustration,
                                       but not limitation, change in
                                       equipment or operating conditions
                                       of the treatment process), Oxy
                                       Vinyls must notify the EPA in
                                       writing and may no longer handle
                                       the wastes generated from the new
                                       process or no longer discharges
                                       as nonhazardous until the wastes
                                       meet the delisting levels set
                                       Condition (1) and it has received
                                       written approval to do so from
                                       EPA.
                                      (5) Data Submittals: The data
                                       obtained through Condition 3 must
                                       be submitted to Mr. William
                                       Gallagher, Chief, Region 6
                                       Delisting Program, U.S. EPA, 1445
                                       Ross Avenue, Dallas, Texas 75202-
                                       2733, Mail Code, (6PD-O) within
                                       the time period specified.
                                       Records of operating conditions
                                       and analytical data from
                                       Condition (1) must be compiled,
                                       summarized, and maintained on
                                       site for a minimum of five years.
                                       These records and data must be
                                       furnished upon request by EPA, or
                                       the State of Texas, and made
                                       available for inspection. Failure
                                       to submit the required data
                                       within the specified time period
                                       or maintain the required records
                                       on site for the specified time
                                       will be considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:
                                       Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                       As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                       In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      (6) Reopener Language:

[[Page 137]]

 
                                      (A) If, anytime after disposal of
                                       the delisted waste, Oxy Vinyls
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Director in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Director within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (B) If the annual testing of the
                                       waste does not meet the delisting
                                       requirements in Paragraph 1, Oxy
                                       Vinyls must report the data, in
                                       writing, to the Director within
                                       10 days of first possessing or
                                       being made aware of that data.
                                      (C) Based on the information
                                       described in paragraphs (A) or
                                       (B) and any other information
                                       received from any source, the
                                       Director will make a preliminary
                                       determination as to whether the
                                       reported information requires
                                       Agency action to protect human
                                       health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (D) If the Director determines
                                       that the reported information
                                       does require Agency action, the
                                       Director will notify the facility
                                       in writing of the actions the
                                       Director believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Director's notice to present such
                                       information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (D) or (if
                                       no information is presented under
                                       paragraph (D)) the initial
                                       receipt of information described
                                       in paragraphs (A) or (B), the
                                       Director will issue a final
                                       written determination describing
                                       the Agency actions that are
                                       necessary to protect human health
                                       or the environment. Any required
                                       action described in the
                                       Director's determination shall
                                       become effective immediately,
                                       unless the Director provides
                                       otherwise.
                                      (7) Notification Requirements: Oxy
                                       Vinyls must provide a one-time
                                       written notification to any State
                                       Regulatory Agency to which or
                                       through which the delisted waste
                                       described above will be
                                       transported for disposal at least
                                       60 days prior to the commencement
                                       of such activities. Failure to
                                       provide such a notification will
                                       result in a violation of the
                                       delisting petition and a possible
                                       revocation of the decision.
Perox,             Sharon,            Iron oxide (EPA Hazardous Waste
 Incorporated.      Pennsylvania.      No. K062) generated (at a maximum
                                       annual rate of 4800 cubic yards)
                                       from a spent hydrochloric acid
                                       pickle liquor regeneration plant
                                       for spent pickle liquor generated
                                       from steel finishing operations.
                                       This exclusion was published on
                                       November 13, 1990.
Pioneer Chlor      St. Gabriel, LA..  Brine purification muds, which
 Alkai Company,                        have been washed and vacuum
 Inc. (formerly                        filtered, generated after August
 Stauffer                              27, 1985 from their chlor-alkali
 Chemical                              manufacturing operations (EPA
 Company).                             Hazardous Waste No. K071) that
                                       have been batch tested for
                                       mercury using the EP toxicity
                                       procedure and have been found to
                                       contain less than 0.05 ppm in
                                       mercury in the EP extract. Brine
                                       purification muds that exceed
                                       this level will be considered a
                                       hazardous waste.
POP Fasteners....  Shelton,           Wastewater treatment sludge (EPA
                    Connecticut.       Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations (at a maximum annual
                                       rate of 300 cubic yards) after
                                       December 7, 1992. In order to
                                       confirm that the characteristics
                                       of the waste do not change
                                       significantly, the facility must,
                                       on an annual basis, analyze a
                                       representative composite sample
                                       for the constituents listed in
                                       Sec.  261.24 using the method
                                       specified therein. The annual
                                       analytical results, including
                                       quality control information, must
                                       be compiled, certified according
                                       to Sec.  260.22(i)(12) of this
                                       chapter, maintained on site for a
                                       minimum of five years, and made
                                       available for inspection upon
                                       request by any employee or
                                       representative of EPA or the
                                       State of Connecticut. Failure to
                                       maintain the required records on
                                       site will be considered by EPA,
                                       at its discretion, sufficient
                                       basis to revoke the exclusion to
                                       the extent directed by EPA.
Rhodia...........  Houston, Texas...  Filter-cake Sludge, (at a maximum
                                       generation of 1,200 cubic yards
                                       per calendar year) generated by
                                       Rhodia using the SARU and AWT
                                       treatment process to treat the
                                       filter-cake sludge (EPA Hazardous
                                       Waste Nos. K002-004, K006-K011,
                                       K013-K052, K060-K062, K064-K066,
                                       K069, K071, K073, K083-K088, K090-
                                       K091, K093-K118, K123-K126, K131-
                                       K133, K136, K141-K145, K147-K151,
                                       K156-K161) generated at Rhodia.
                                       Rhodia must implement the testing
                                       program described in Table 1.
                                       Waste Excluded From Non-Specific
                                       Sources for the petition to be
                                       valid.
Roanoke Electric   Roanoke, VA......  Fully-cured chemically stabilized
 Steel Corp.                           electric arc furnace dust/sludge
                                       (CSEAFD) treatment residue (EPA
                                       Hazardous Waste No. K061)
                                       generated from the primary
                                       production of steel after March
                                       22, 1989. This exclusion is
                                       conditioned upon the data
                                       obtained from Roanoke's full-
                                       scale CSEAFD treatment facility
                                       because Roanoke's original data
                                       were obtained from a laboratory-
                                       scale CSEAFD treatment process.
                                       To ensure that hazardous
                                       constituents are not present in
                                       the waste at levels of regulatory
                                       concern once the full-scale
                                       treatment facility is in
                                       operation, Roanoke must implement
                                       a testing program for the
                                       petitioned waste.
                                      This testing program must meet the
                                       following conditions for the
                                       exclusion to be valid:
                                      (1) Testing:

[[Page 138]]

 
                                      (A) Initial testing: During the
                                       first four weeks of operation of
                                       the full-scale treatment system,
                                       Roanoke must collect
                                       representative grab samples of
                                       each treated batch of the CSEAFD
                                       and composite the grab samples
                                       daily. The daily composites,
                                       prior to disposal, must be
                                       analyzed for the EP leachate
                                       concentrations of all the EP
                                       toxic metals, nickel and cyanide
                                       (using distilled water in the
                                       cyanide extractions), and the
                                       total constituent concentrations
                                       of reactive sulfide and reactive
                                       cyanide. Analyses must be
                                       performed according to SW-846
                                       methodologies. Roanoke must
                                       report the analytical test data
                                       obtained during this initial
                                       period no later than 90 days
                                       after the treatment of the first
                                       full-scale batch.
                                      (B) Subsequent testing: Roanoke
                                       must collect representative grab
                                       samples from every treated batch
                                       of CSEAFD generated daily and
                                       composite all of the grab samples
                                       to produce a weekly composite
                                       sample. Roanoke then must analyze
                                       each weekly composite sample for
                                       all of the EP toxic metals and
                                       nickel. Analyses must be
                                       performed according to SW-846
                                       methodologies. The analytical
                                       data, including all quality
                                       control information, must be
                                       compiled and maintained on site
                                       for a minimum of three years.
                                       These data must be furnished upon
                                       request and made available for
                                       inspection by any employee or
                                       representative of EPA or the
                                       State of Virginia.
                                      (2) Delisting levels: If the EP
                                       extract concentrations for
                                       chromium, lead, arsenic, or
                                       silver exceed 0.315 mg/l; for
                                       barium exceeds 6.3 mg/l; for
                                       cadmium or selenium exceed 0.063
                                       mg/l; for mercury exceeds 0.0126
                                       mg/l; for nickel exceeds 3.15 mg/
                                       l; or for cyanide exceeds 1.26 mg/
                                       l, or total reactive cyanide or
                                       total reactive sulfide levels
                                       exceed 250 mg/kg and 500 mg/kg,
                                       respectively, the waste must
                                       either be re-treated or managed
                                       and disposed in accordance with
                                       Subtitle C of RCRA.
                                      (3) Data submittals: Within one
                                       week of system start-up, Roanoke
                                       must notify the Section Chief,
                                       Variances Section (see address
                                       below) when their full-scale
                                       stabilization system in on-line
                                       and waste treatment has begun.
                                       All data obtained through the
                                       initial testing condition (1)(A),
                                       must be submitted to the Section
                                       Chief, Variances Section, PSPD/
                                       OSW, (OS-343), U.S. EPA, 401 M
                                       Street, SW., Washington, DC 20460
                                       within the time period specified
                                       in condition (1)(A). Failure to
                                       submit the required data or keep
                                       the required records will be
                                       considered by the Agency, at its
                                       discretion, sufficient basis to
                                       revoke Roanoke's exclusion. All
                                       data must be accompanied by the
                                       following certification
                                       statement: ``Under civil and
                                       criminal penalty of law for the
                                       making or submission of false or
                                       fraudulent statements or
                                       representations (pursuant to the
                                       applicable provisions of the
                                       Federal Code which include, but
                                       may not be limited to, 18 USC
                                       6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete. As
                                       to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete. In the event that any
                                       of this information is determined
                                       by EPA in its sole discretion to
                                       be false, inaccurate or
                                       incomplete, and upon conveyance
                                       of this fact to the company, I
                                       recognize and agree that this
                                       exclusion of wastes will be void
                                       as if it never had effect or to
                                       the extent directed by EPA and
                                       that the company will be liable
                                       for any actions taken in
                                       contravention of the company's
                                       RCRA and CERCLA obligations
                                       premised upon the company's
                                       reliance on the void exclusion.''
Texas Eastman....  Longview, Texas..  Incinerator ash (at a maximum
                                       generation of 7,000 cubic yards
                                       per calendar year) generated from
                                       the incineration of sludge from
                                       the wastewater treatment plant
                                       (EPA Hazardous Waste No. K009 and
                                       K010, and that is disposed of in
                                       Subtitle D landfills after
                                       September 25, 1996. Texas Eastman
                                       must implement a testing program
                                       that meets conditions found in
                                       Table 1. Wastes Excluded From Non-
                                       Specific Sources for the petition
                                       to be valid.
USX Steel          Chicago, Illinois  Fully-cured chemically stabilized
 Corporation, USS                      electric arc furnace dust/sludge
 Division,                             (CSEAFD) treatment residue (EPA
 Southworks                            Hazardous Waste No. K061)
 Plant, Gary                           generated from the primary
 Works.                                production of steel after April
                                       29, 1991. This exclusion (for
                                       35,000 tons of CSEAFD per year)
                                       is conditioned upon the data
                                       obtained from USX's full-scale
                                       CSEAFD treatment facility. To
                                       ensure that hazardous
                                       constituents are not present in
                                       the waste at levels of regulatory
                                       concern once the full-scale
                                       treatment facility is in
                                       operation, USX must implement a
                                       testing program for the
                                       petitioned waste. This testing
                                       program must meet the following
                                       conditions for the exclusion to
                                       be valid:
                                      (1) Testing: Sample collection and
                                       analyses (including quality
                                       control (QC) procedures) must be
                                       performed according to SW-846
                                       methodologies.
                                      (A) Initial Testing: During the
                                       first four weeks of operation of
                                       the full-scale treatment system,
                                       USX must collect representative
                                       grab samples of each treated
                                       batch of the CSEAFD and composite
                                       the grab samples daily. The daily
                                       composites, prior to disposal,
                                       must be analyzed for the EP
                                       leachate concentrations of all
                                       the EP toxic metals, nickel, and
                                       cyanide (using distilled water in
                                       the cyanide extractions), and the
                                       total concentrations of reactive
                                       sulfide and reactive cyanide. USX
                                       must report the analytical test
                                       data, including quality control
                                       information, obtained during this
                                       initial period no later than 90
                                       days after the treatment of the
                                       first full-scale batch.

[[Page 139]]

 
                                      (B) Subsequent Testing: USX must
                                       collect representative grab
                                       samples from every treated batch
                                       of CSEAFD generated daily and
                                       composite all of the grab samples
                                       to produce a weekly composite
                                       sample. USX then must analyze
                                       each weekly composite sample for
                                       all of the EP toxic metals, and
                                       nickel. The analytical data,
                                       including quality control
                                       information, must be compiled and
                                       maintained on site for a minimum
                                       of three years. These data must
                                       be furnished upon request and
                                       made available for inspection by
                                       any employee or representative of
                                       EPA or the State of Illinois.
                                      (2) Delisting levels: If the EP
                                       extract concentrations for
                                       chromium, lead, arsenic, or
                                       silver exceed 0.315 mg/l; for
                                       barium exceeds 6.3 mg/l; for
                                       cadmium or selenium exceed 0.063
                                       mg/l; for mercury exceeds 0.0126
                                       mg/l; for nickel exceeds 3.15 mg/
                                       l; or for cyanide exceeds 4.42 mg/
                                       l, total reactive cyanide or
                                       total reactive sulfide levels
                                       exceed 250 mg/kg and 500 mg/kg,
                                       respectively, the waste must
                                       either be re-treated until it
                                       meets these levels or managed and
                                       disposed of in accordance with
                                       Subtitle C of RCRA.
                                      (3) Data submittals: Within one
                                       week of system start-up USX must
                                       notify the Section Chief,
                                       Delisting Section (see address
                                       below) when their full-scale
                                       stabilization system is on-line
                                       and waste treatment has begun.
                                       The data obtained through
                                       condition (1)(A) must be
                                       submitted to the Section Chief,
                                       Delisting Section, CAD/OSW (OS-
                                       333), U.S. EPA, 401 M Street,
                                       S.W., Washington, DC 20460 within
                                       the time period specified. At the
                                       Section Chief's request, USX must
                                       submit any other analytical data
                                       obtained through conditions
                                       (1)(A) or (1)(B) within the time
                                       period specified by the Section
                                       Chief. Failure to submit the
                                       required data obtained from
                                       conditions (1)(A) or (1)(B)
                                       within the specified time period
                                       or maintain the required records
                                       for the specified time will be
                                       considered by the Agency, at its
                                       discretion, sufficient basis to
                                       revoke USX's exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by the
                                       following certification
                                       statement: ``Under civil and
                                       criminal penalty of law for the
                                       making or submission of false or
                                       fraudulent statements or
                                       representations (pursuant to the
                                       applicable provisions of the
                                       Federal Code which include, but
                                       may not be limited to, 18 U.S.C.
                                       Sec.  6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete. As
                                       to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete. In the event that any
                                       of this information is determined
                                       by EPA in its sole discretion to
                                       be false, inaccurate or
                                       incomplete, and upon conveyance
                                       of this fact to the company, I
                                       recognize and agree that this
                                       exclusion of wastes will be void
                                       as if it never had effect or to
                                       the extent directed by EPA and
                                       that the company will be liable
                                       for any actions taken in
                                       contravention of the company's
                                       RCRA and CERCLA obligations
                                       premised upon the company's
                                       reliance on the void exclusion.''
Vulcan Materials   Port Edwards, WI.  Brine purification muds (EPA
 Company.                              Hazardous Waste No. K071)
                                       generated from the mercury cell
                                       process in chlorine production,
                                       where separately prepurified
                                       brine is not used after November
                                       17, 1986. To assure that mercury
                                       levels in this waste are
                                       maintained at acceptable levels,
                                       the following conditions apply to
                                       this exclusion: Each batch of
                                       treated brine clarifier muds and
                                       saturator insolubles must be
                                       tested (by the extraction
                                       procedure) prior to disposal and
                                       the leachate concentration of
                                       mercury must be less than or
                                       equal to 0.0129 ppm. If the waste
                                       does not meet this requirement,
                                       then it must be re-treated or
                                       disposed of as hazardous. This
                                       exclusion does not apply to
                                       wastes for which either of these
                                       conditions is not satisfied.
------------------------------------------------------------------------


    Table 3--Wastes Excluded From Commercial Chemical Products, Off-
  Specification Species, Container Residues, and Soil Residues Thereof
------------------------------------------------------------------------
     Facility           Address                Waste description
------------------------------------------------------------------------
Rhodia...........  Houston, Texas...  Filter-cake Sludge, (at a maximum
                                       generation of 1,200 cubic yards
                                       per calendar year) generated by
                                       Rhodia using the SARU and AWT
                                       treatment process to treat the
                                       filter-cake sludge (EPA Hazardous
                                       Waste Nos. P001-P024, P026-P031,
                                       P033-P034, P036-P051, P054, P056-
                                       P060, P062-P078, P081-P082, P084-
                                       P085, P087-P089, P092-P116, P118-
                                       P123, P127-P128, P185, P188-P192,
                                       P194, P196-P199, P201-P205, U001-
                                       U012, U014-U039, U041-U053, U055-
                                       U064, U066-U099, U101-U103, U105-
                                       U138, U140-U174, U176-U194, U196-
                                       U197, U200-U211, U213-U223, U225-
                                       U228, U234-U240, U243-U244, U246-
                                       U249, U271, U277-U280, U328,
                                       U353, U359, U364-U367, U372-U373,
                                       U375-U379, U381-U396, U400-U404,
                                       U407, U409-U411) generated at
                                       Rhodia. Rhodia must implement the
                                       testing program described in
                                       Table 1. Waste Excluded From Non-
                                       Specific Sources for the petition
                                       to be valid.
Texas Eastman....  Longview, Texas..  Incinerator ash (at a maximum
                                       generation of 7,000 cubic yards
                                       per calendar year) generated from
                                       the incineration of sludge from
                                       the wastewater treatment plant
                                       (EPA Hazardous Waste No. U001,
                                       U002, U003, U019, U028, U031,
                                       U037, U044, U056, U069, U070,
                                       U107, U108, U112, U113, U115,
                                       U117, U122, U140, U147, U151,
                                       U154, U159, U161, U169, U190,
                                       U196, U211, U213, U226, U239, and
                                       U359, and that is disposed of in
                                       Subtitle D landfills after
                                       September 25, 1996. Texas Eastman
                                       must implement the testing
                                       program described in Table 1.
                                       Wastes Excluded From Non-Specific
                                       Sources for the petition to be
                                       valid.

[[Page 140]]

 
Union Carbide      Taft, LA.........  Contaminated soil (approximately
 Corp.                                 11,000 cubic yards), which
                                       contains acrolein in
                                       concentrations of less than 9
                                       ppm.
------------------------------------------------------------------------


[49 FR 37070, Sept. 21, 1984]

    Editorial Note: For Federal Register citations affecting appendix IX 
of part 261, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE--Table of Contents




                           Subpart A--General

Sec.
262.10  Purpose, scope, and applicability.
262.11  Hazardous waste determination.
262.12  EPA identification numbers.

                         Subpart B--The Manifest

262.20  General requirements.
262.21  Acquisition of manifests.
262.22  Number of copies.
262.23  Use of the manifest.

                  Subpart C--Pre-Transport Requirements

262.30  Packaging.
262.31  Labeling.
262.32  Marking.
262.33  Placarding.
262.34  Accumulation time.

                 Subpart D--Recordkeeping and Reporting

262.40  Recordkeeping.
262.41  Biennial report.
262.42  Exception reporting.
262.43  Additional reporting.
262.44  Special requirements for generators of between 100 and 1000 kg/
          mo.

                  Subpart E--Exports of Hazardous Waste

262.50  Applicability.
262.51  Definitions.
262.52  General requirements.
262.53  Notification of intent to export.
262.54  Special manifest requirements.
262.55  Exception reports.
262.56  Annual reports.
262.57  Recordkeeping.
262.58  International agreements.

                  Subpart F--Imports of Hazardous Waste

262.60  Imports of hazardous waste.

                           Subpart G--Farmers

262.70  Farmers.

   Subpart H--Transfrontier shipments of hazardous waste for recovery 
                             within the OECD

262.80  Applicability.
262.81  Definitions.
262.82  General conditions.
262.83  Notification and consent.
262.84  Tracking document.
262.85  Contracts.
262.86  Provisions relating to recognized traders.
262.87  Reporting and recordkeeping.
262.88  Pre-approval for U.S. Recovery Facilities (Reserved).
262.89  OECD Waste Lists.

               Subpart I--New York State Public Utilities

262.90  Project XL for Public Utilities in New York State.

Subpart J--University Laboratories XL Project--Laboratory Environmental 
                           Management Standard

262.100  To what organizations does this subpart apply?
262.101  What is in this subpart?
262.102  What special definitions are included in this subpart?
262.103  What is the scope of the laboratory environmental management 
          standard?
262.104  What are the minimum performance criteria?
262.105  What must be included in the laboratory environmental 
          management plan?
262.106  When must a hazardous waste determination be made?
262.107  Under what circumstances will a university's participation in 
          this environmental management standard pilot be terminated?
262.108  When will this subpart expire?

Appendix to Part 262--Uniform Hazardous Waste Manifest and Instructions 
          (EPA

[[Page 141]]

          Forms 8700-22 and 8700-22A and Their Instructions)

    Authority: 42 U.S.C 6906, 6912, 6922-6925, 6937, and 6938.

    Source: 45 FR 33142, May 19, 1980, unless otherwise noted.



                           Subpart A--General



Sec. 262.10  Purpose, scope, and applicability.

    (a) These regulations establish standards for generators of 
hazardous waste.
    (b) 40 CFR 261.5(c) and (d) must be used to determine the 
applicability of provisions of this part that are dependent on 
calculations of the quantity of hazardous waste generated per month.
    (c) A generator who treats, stores, or disposes of hazardous waste 
on-site must only comply with the following sections of this part with 
respect to that waste: Section 262.11 for determining whether or not he 
has a hazardous waste, Sec. 262.12 for obtaining an EPA identification 
number, Sec. 262.34 for accumulation of hazardous waste, Sec. 262.40 (c) 
and (d) for recordkeeping, Sec. 262.43 for additional reporting, and if 
applicable, Sec. 262.70 for farmers.
    (d) Any person who exports or imports hazardous waste subject to the 
Federal manifesting requirements of part 262, or subject to the 
universal waste management standards of 40 CFR Part 273, or subject to 
State requirements analogous to 40 CFR Part 273, to or from the 
countries listed in Sec. 262.58(a)(1) for recovery must comply with 
subpart H of this part.
    (e) Any person who imports hazardous waste into the United States 
must comply with the standards applicable to generators established in 
this part.
    (f) A farmer who generates waste pesticides which are hazardous 
waste and who complies with all of the requirements of Sec. 262.70 is 
not required to comply with other standards in this part or 40 CFR parts 
270, 264, 265, or 268 with respect to such pesticides.
    (g) A person who generates a hazardous waste as defined by 40 CFR 
part 261 is subject to the compliance requirements and penalties 
prescribed in section 3008 of the Act if he does not comply with the 
requirements of this part.
    (h) An owner or operator who initiates a shipment of hazardous waste 
from a treatment, storage, or disposal facility must comply with the 
generator standards established in this part.
    (i) Persons responding to an explosives or munitions emergency in 
accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv) or 265.1(c)(11)(i)(D) 
or (iv), and 270.1(c)(3)(i)(D) or (iii) are not required to comply with 
the standards of this part.
    (j) (1) Universities that are participating in the Laboratory XL 
project are the University of Massachusetts Boston in Boston, 
Massachusetts, Boston College in Chestnut Hill, Massachusetts, and the 
University of Vermont in Burlington, Vermont (``Universities''). The 
Universities generate laboratory wastes (as defined in Sec. 262.102), 
some of which will be hazardous wastes. As long as the Universities 
comply with all the requirements of subpart J of this part the 
Universities' laboratories that are participating in the University 
Laboratories XL Project as identified in Table 1 of this section, are 
not subject to the provisions of Secs. 262.11, 262.34(c), 40 CFR Parts 
264 and 265, and the permit requirements of 40 CFR Part 270 with respect 
to said laboratory wastes.

                             Table 1.--Laboratory XL Project Participant Information
----------------------------------------------------------------------------------------------------------------
                                         Approx.
              Institution               number of     Departments participating    Location of current hazardous
                                           labs                                       waste accumulation areas
----------------------------------------------------------------------------------------------------------------
Boston College, Chestnut Hill, MA.....        120  Chemistry, Biology, Geology,    Merkert Chemistry Building,
                                                    Physics, Psychology.            2609 Beacon St., Boston, MA,
                                                                                    Higgins Building, 140
                                                                                    Commonwealth Ave., Chestnut
                                                                                    Hill, MA.
University of Massachusetts Boston,           150  Chemistry, Biology,             Science Building (Bldg.
 Boston, MA.                                        Psychology, Anthropology,       #080); McCormack Building
                                                    Geology and Earth Sciences,     (Bldg. #020); and Wheatley
                                                    and Environmental, Coastal      Building (Bldg. #010), 100
                                                    and Ocean Sciences.             Morrissey Blvd., Boston, MA.

[[Page 142]]

 
University of Vermont, Burlington, VT.        400  Colleges of: Agriculture and    Given Bunker, 89 Beaumont
                                                    Life Sciences, Arts and         Ave., Burlington, VT.
                                                    Sciences, Medicine, and
                                                    Engineering and Mathematics;
                                                    and Schools of: Nursing,
                                                    Allied Heath Sciences, and
                                                    Natural Resources.
----------------------------------------------------------------------------------------------------------------

    (2) Each University shall have the right to change its respective 
departments or the on-site location of its hazardous waste accumulation 
areas listed in Table 1 of this section upon written notice to the 
Regional Administrator for EPA-Region I and the appropriate state 
agency. Such written notice will be provided at least ten days prior to 
the effective date of any such changes.
    Note 1: The provisions of Sec. 262.34 are applicable to the on-site 
accumulation of hazardous waste by generators. Therefore, the provisions 
of Sec. 262.34 only apply to owners or operators who are shipping 
hazardous waste which they generated at that facility.

    Note 2: A generator who treats, stores, or disposes of hazardous 
waste on-site must comply with the applicable standards and permit 
requirements set forth in 40 CFR parts 264, 265, 266, 268, and 270.

[45 FR 33142, May 19, 1980, as amended at 45 FR 86970, Dec. 31, 1980; 47 
FR 1251, Jan. 11, 1982; 48 FR 14294, Apr. 1, 1983; 53 FR 27164, July 19, 
1988; 56 FR 3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995; 61 FR 16309, 
Apr. 12, 1996; 62 FR 6651, Feb. 12, 1997; 64 FR 52392, Sept. 28, 1999]



Sec. 262.11  Hazardous waste determination.

    A person who generates a solid waste, as defined in 40 CFR 261.2, 
must determine if that waste is a hazardous waste using the following 
method:
    (a) He should first determine if the waste is excluded from 
regulation under 40 CFR 261.4.
    (b) He must then determine if the waste is listed as a hazardous 
waste in subpart D of 40 CFR part 261.
    Note: Even if the waste is listed, the generator still has an 
opportunity under 40 CFR 260.22 to demonstrate to the Administrator that 
the waste from his particular facility or operation is not a hazardous 
waste.
    (c) For purposes of compliance with 40 CFR part 268, or if the waste 
is not listed in subpart D of 40 CFR part 261, the generator must then 
determine whether the waste is identified in subpart C of 40 CFR part 
261 by either:
    (1) Testing the waste according to the methods set forth in subpart 
C of 40 CFR part 261, or according to an equivalent method approved by 
the Administrator under 40 CFR 260.21; or
    (2) Applying knowledge of the hazard characteristic of the waste in 
light of the materials or the processes used.
    (d) If the waste is determined to be hazardous, the generator must 
refer to parts 261, 264, 265, 266, 268, and 273 of this chapter for 
possible exclusions or restrictions pertaining to management of the 
specific waste.

[45 FR 33142, May 19, 1980, as amended at 45 FR 76624, Nov. 19, 1980; 51 
FR 40637, Nov. 7, 1986; 55 FR 22684, June 1, 1990; 56 FR 3877, Jan. 31, 
1991; 60 FR 25541, May 11, 1995]



Sec. 262.12  EPA identification numbers.

    (a) A generator must not treat, store, dispose of, transport, or 
offer for transportation, hazardous waste without having received an EPA 
identification number from the Administrator.
    (b) A generator who has not received an EPA identification number 
may obtain one by applying to the Administrator using EPA form 8700-12. 
Upon receiving the request the Administrator will assign an EPA 
identification number to the generator.
    (c) A generator must not offer his hazardous waste to transporters 
or to treatment, storage, or disposal facilities that have not received 
an EPA identification number.



                         Subpart B--The Manifest



Sec. 262.20  General requirements.

    (a) A generator who transports, or offers for transportation, 
hazardous waste for offsite treatment, storage, or

[[Page 143]]

disposal must prepare a Manifest OMB control number 2050-0039 on EPA 
form 8700-22, and, if necessary, EPA form 8700-22A, according to the 
instructions included in the appendix to part 262.
    (b) A generator must designate on the manifest one facility which is 
permitted to handle the waste described on the manifest.
    (c) A generator may also designate on the manifest one alternate 
facility which is permitted to handle his waste in the event an 
emergency prevents delivery of the waste to the primary designated 
facility.
    (d) If the transporter is unable to deliver the hazardous waste to 
the designated facility or the alternate facility, the generator must 
either designate another facility or instruct the transporter to return 
the waste.
    (e) The requirements of this subpart do not apply to hazardous waste 
produced by generators of greater than 100 kg but less than 1000 kg in a 
calendar month where:
    (1) The waste is reclaimed under a contractual agreement pursuant to 
which:
    (i) The type of waste and frequency of shipments are specified in 
the agreement;
    (ii) The vehicle used to transport the waste to the recycling 
facility and to deliver regenerated material back to the generator is 
owned and operated by the reclaimer of the waste; and
    (2) The generator maintains a copy of the reclamation agreement in 
his files for a period of at least three years after termination or 
expiration of the agreement.
    (f) The requirements of this subpart and Sec. 262.32(b) do not apply 
to the transport of hazardous wastes on a public or private right-of-way 
within or along the border of contiguous property under the control of 
the same person, even if such contiguous property is divided by a public 
or private right-of-way. Notwithstanding 40 CFR 263.10(a), the generator 
or transporter must comply with the requirements for transporters set 
forth in 40 CFR 263.30 and 263.31 in the event of a discharge of 
hazardous waste on a public or private right-of-way.

[45 FR 33142, May 19, 1980, as amended at 49 FR 10500, Mar. 20, 1984; 51 
FR 10175, Mar. 24, 1986; 53 FR 45090, Nov. 8, 1988; 62 FR 6651, Feb. 12, 
1997]



Sec. 262.21  Acquisition of manifests.

    (a) If the State to which the shipment is manifested (consignment 
State) supplies the manifest and requires its use, then the generator 
must use that manifest.
    (b) If the consignment State does not supply the manifest, but the 
State in which the generator is located (generator State) supplies the 
manifest and requires its use, then the generator must use that State's 
manifest.
    (c) If neither the generator State nor the consignment State 
supplies the manifest, then the generator may obtain the manifest from 
any source.

[49 FR 10500, Mar. 20, 1984]



Sec. 262.22  Number of copies.

    The manifest consists of at least the number of copies which will 
provide the generator, each transporter, and the owner or operator of 
the designated facility with one copy each for their records and another 
copy to be returned to the generator.



Sec. 262.23  Use of the manifest.

    (a) The generator must:
    (1) Sign the manifest certification by hand; and
    (2) Obtain the handwritten signature of the initial transporter and 
date of acceptance on the manifest; and
    (3) Retain one copy, in accordance with Sec. 262.40(a).
    (b) The generator must give the transporter the remaining copies of 
the manifest.
    (c) For shipments of hazardous waste within the United States solely 
by water (bulk shipments only), the generator must send three copies of 
the manifest dated and signed in accordance with this section to the 
owner or operator of the designated facility or the last water (bulk 
shipment) transporter to handle the waste in the United States if 
exported by water.

[[Page 144]]

Copies of the manifest are not required for each transporter.
    (d) For rail shipments of hazardous waste within the United States 
which originate at the site of generation, the generator must send at 
least three copies of the manifest dated and signed in accordance with 
this section to:
    (1) The next non-rail transporter, if any; or
    (2) The designated facility if transported solely by rail; or
    (3) The last rail transporter to handle the waste in the United 
States if exported by rail.
    (e) For shipments of hazardous waste to a designated facility in an 
authorized State which has not yet obtained authorization to regulate 
that particular waste as hazardous, the generator must assure that the 
designated facility agrees to sign and return the manifest to the 
generator, and that any out-of-state transporter signs and forwards the 
manifest to the designated facility.
    Note: See Sec. 263.20(e) and (f) for special provisions for rail or 
water (bulk shipment) transporters.

[45 FR 33142, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980; 55 
FR 2354, Jan. 23, 1990]



                  Subpart C--Pre-Transport Requirements



Sec. 262.30  Packaging.

    Before transporting hazardous waste or offering hazardous waste for 
transportation off-site, a generator must package the waste in 
accordance with the applicable Department of Transportation regulations 
on packaging under 49 CFR parts 173, 178, and 179.



Sec. 262.31  Labeling.

    Before transporting or offering hazardous waste for transportation 
off-site, a generator must label each package in accordance with the 
applicable Department of Transportation regulations on hazardous 
materials under 49 CFR part 172.



Sec. 262.32  Marking.

    (a) Before transporting or offering hazardous waste for 
transportation off-site, a generator must mark each package of hazardous 
waste in accordance with the applicable Department of Transportation 
regulations on hazardous materials under 49 CFR part 172;
    (b) Before transporting hazardous waste or offering hazardous waste 
for transportation off-site, a generator must mark each container of 110 
gallons or less used in such transportation with the following words and 
information displayed in accordance with the requirements of 49 CFR 
172.304:
    HAZARDOUS WASTE--Federal Law Prohibits Improper Disposal. If found, 
contact the nearest police or public safety authority or the U.S. 
Environmental Protection Agency.

Generator's Name and Address ----------.
Manifest Document Number ------------.



Sec. 262.33  Placarding.

    Before transporting hazardous waste or offering hazardous waste for 
transportation off-site, a generator must placard or offer the initial 
transporter the appropriate placards according to Department of 
Transportation regulations for hazardous materials under 49 CFR part 
172, subpart F.



Sec. 262.34  Accumulation time.

    (a) Except as provided in paragraphs (d), (e), and (f) of this 
section, a generator may accumulate hazardous waste on-site for 90 days 
or less without a permit or without having interim status, provided 
that:
    (1) The waste is placed:
    (i) In containers and the generator complies with the applicable 
requirements of subparts I, AA, BB, and CC of 40 CFR part 265; and/or
    (ii) In tanks and the generator complies with the applicable 
requirements of subparts J, AA, BB, and CC of 40 CFR part 265 except 
Secs. 265.197(c) and 265.200; and/or
    (iii) On drip pads and the generator complies with subpart W of 40 
CFR part 265 and maintains the following records at the facility:
    (A) A description of procedures that will be followed to ensure that 
all wastes are removed from the drip pad and associated collection 
system at least once every 90 days; and
    (B) Documentation of each waste removal, including the quantity of 
waste removed from the drip pad and the

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sump or collection system and the date and time of removal; and/or
    (iv) The waste is placed in containment buildings and the generator 
complies with subpart DD of 40 CFR part 265, has placed its professional 
engineer certification that the building complies with the design 
standards specified in 40 CFR 265.1101 in the facility's operating 
record no later than 60 days after the date of initial operation of the 
unit. After February 18, 1993, PE certification will be required prior 
to operation of the unit. The owner or operator shall maintain the 
following records at the facility:
    (A) A written description of procedures to ensure that each waste 
volume remains in the unit for no more than 90 days, a written 
description of the waste generation and management practices for the 
facility showing that they are consistent with respecting the 90 day 
limit, and documentation that the procedures are complied with; or
    (B) Documentation that the unit is emptied at least once every 90 
days.

In addition, such a generator is exempt from all the requirements in 
subparts G and H of 40 CFR part 265, except for Secs. 265.111 and 
265.114.
    (2) The date upon which each period of accumulation begins is 
clearly marked and visible for inspection on each container;

    (3) While being accumulated on-site, each container and tank is 
labeled or marked clearly with the words, ``Hazardous Waste''; and
    (4) The generator complies with the requirements for owners or 
operators in Subparts C and D in 40 CFR part 265, with Sec. 265.16, and 
with 40 CFR 268.7(a)(5).
    (b) A generator who accumulates hazardous waste for more than 90 
days is an operator of a storage facility and is subject to the 
requirements of 40 CFR parts 264 and 265 and the permit requirements of 
40 CFR part 270 unless he has been granted an extension to the 90-day 
period. Such extension may be granted by EPA if hazardous wastes must 
remain on-site for longer than 90 days due to unforeseen, temporary, and 
uncontrollable circumstances. An extension of up to 30 days may be 
granted at the discretion of the Regional Administrator on a case-by-
case basis.
    (c)(1) A generator may accumulate as much as 55 gallons of hazardous 
waste or one quart of acutely hazardous waste listed in Sec. 261.33(e) 
in containers at or near any point of generation where wastes initially 
accumulate, which is under the control of the operator of the process 
generating the waste, without a permit or interim status and without 
complying with paragraph (a) of this section provided he:
    (i) Complies with Secs. 265.171, 265.172, and 265.173(a) of this 
chapter; and
    (ii) Marks his containers either with the words ``Hazardous Waste'' 
or with other words that identify the contents of the containers.
    (2) A generator who accumulates either hazardous waste or acutely 
hazardous waste listed in Sec. 261.33(e) in excess of the amounts listed 
in paragraph (c)(1) of this section at or near any point of generation 
must, with respect to that amount of excess waste, comply within three 
days with paragraph (a) of this section or other applicable provisions 
of this chapter. During the three day period the generator must continue 
to comply with paragraphs (c)(1)(i) through (ii) of this section. The 
generator must mark the container holding the excess accumulation of 
hazardous waste with the date the excess amount began accumulating.
    (d) A generator who generates greater than 100 kilograms but less 
than 1000 kilograms of hazardous waste in a calendar month may 
accumulate hazardous waste on-site for 180 days or less without a permit 
or without having interim status provided that:
    (1) The quantity of waste accumulated on-site never exceeds 6000 
kilograms;
    (2) The generator complies with the requirements of subpart I of 
part 265 of this chapter, except for Secs. 265.176 and 265.178;
    (3) The generator complies with the requirements of Sec. 265.201 in 
subpart J of part 265;
    (4) The generator complies with the requirements of paragraphs 
(a)(2) and (a)(3) of this section, the requirements of subpart C of part 
265, the requirements of 40 CFR 268.7(a)(5); and
    (5) The generator complies with the following requirements:

[[Page 146]]

    (i) At all times there must be at least one employee either on the 
premises or on call (i.e., available to respond to an emergency by 
reaching the facility within a short period of time) with the 
responsibility for coordinating all emergency response measures 
specified in paragraph (d)(5)(iv) of this section. This employee is the 
emergency coordinator.
    (ii) The generator must post the following information next to the 
telephone:
    (A) The name and telephone number of the emergency coordinator;
    (B) Location of fire extinguishers and spill control material, and, 
if present, fire alarm; and
    (C) The telephone number of the fire department, unless the facility 
has a direct alarm.
    (iii) The generator must ensure that all employees are thoroughly 
familiar with proper waste handling and emergency procedures, relevant 
to their responsibilities during normal facility operations and 
emergencies;
    (iv) The emergency coordinator or his designee must respond to any 
emergencies that arise. The applicable responses are as follows:
    (A) In the event of a fire, call the fire department or attempt to 
extinguish it using a fire extinguisher;
    (B) In the event of a spill, contain the flow of hazardous waste to 
the extent possible, and as soon as is practicable, clean up the 
hazardous waste and any contaminated materials or soil;
    (C) In the event of a fire, explosion, or other release which could 
threaten human health outside the facility or when the generator has 
knowledge that a spill has reached surface water, the generator must 
immediately notify the National Response Center (using their 24-hour 
toll free number 800/424-8802). The report must include the following 
information:
    (1) The name, address, and U.S. EPA Identification Number of the 
generator;
    (2) Date, time, and type of incident (e.g., spill or fire);
    (3) Quantity and type of hazardous waste involved in the incident;
    (4) Extent of injuries, if any; and
    (5) Estimated quantity and disposition of recovered materials, if 
any.
    (e) A generator who generates greater than 100 kilograms but less 
than 1000 kilograms of hazardous waste in a calendar month and who must 
transport his waste, or offer his waste for transportation, over a 
distance of 200 miles or more for off-site treatment, storage or 
disposal may accumulate hazardous waste on-site for 270 days or less 
without a permit or without having interim status provided that he 
complies with the requirements of paragraph (d) of this section.
    (f) A generator who generates greater than 100 kilograms but less 
than 1000 kilograms of hazardous waste in a calendar month and who 
accumulates hazardous waste in quantities exceeding 6000 kg or 
accumulates hazardous waste for more than 180 days (or for more than 270 
days if he must transport his waste, or offer his waste for 
transportation, over a distance of 200 miles or more) is an operator of 
a storage facility and is subject to the requirements of 40 CFR parts 
264 and 265 and the permit requirements of 40 CFR part 270 unless he has 
been granted an extension to the 180-day (or 270-day if applicable) 
period. Such extension may be granted by EPA if hazardous wastes must 
remain on-site for longer than 180 days (or 270 days if applicable) due 
to unforeseen, temporary, and uncontrollable circumstances. An extension 
of up to 30 days may be granted at the discretion of the Regional 
Administrator on a case-by-case basis.
    (g) A generator who generates 1,000 kilograms or greater of 
hazardous waste per calendar month who also generates wastewater 
treatment sludges from electroplating operations that meet the listing 
description for the RCRA hazardous waste code F006, may accumulate F006 
waste on-site for more than 90 days, but not more than 180 days without 
a permit or without having interim status provided that:
    (1) The generator has implemented pollution prevention practices 
that reduce the amount of any hazardous substances, pollutants or 
contaminants entering F006 or otherwise released to the environment 
prior to its recycling;
    (2) The F006 waste is legitimately recycled through metals recovery;

[[Page 147]]

    (3) No more than 20,000 kilograms of F006 waste is accumulated on-
site at any one time; and
    (4) The F006 waste is managed in accordance with the following:
    (i) The F006 waste is placed:
    (A) In containers and the generator complies with the applicable 
requirements of subparts I, AA, BB, and CC of 40 CFR part 265; and/or
    (B) In tanks and the generator complies with the applicable 
requirements of subparts J, AA, BB, and CC of 40 CFR part 265, except 
Secs. 265.197(c) and 265.200; and/or
    (C) In containment buildings and the generator complies with subpart 
DD of 40 CFR part 265, and has placed its professional engineer 
certification that the building complies with the design standards 
specified in 40 CFR 265.1101 in the facility's operating record prior to 
operation of the unit. The owner or operator must maintain the following 
records at the facility:
    (1) A written description of procedures to ensure that the F006 
waste remains in the unit for no more than 180 days, a written 
description of the waste generation and management practices for the 
facility showing that they are consistent with the 180-day limit, and 
documentation that the generator is complying with the procedures; or
    (2) Documentation that the unit is emptied at least once every 180 
days.
    (ii) In addition, such a generator is exempt from all the 
requirements in subparts G and H of 40 CFR part 265, except for 
Secs. 265.111 and 265.114.
    (iii) The date upon which each period of accumulation begins is 
clearly marked and visible for inspection on each container;
    (iv) While being accumulated on-site, each container and tank is 
labeled or marked clearly with the words, ``Hazardous Waste;'' and
    (v) The generator complies with the requirements for owners or 
operators in subparts C and D in 40 CFR part 265, with 40 CFR 265.16, 
and with 40 CFR 268.7(a)(5).
    (h) A generator who generates 1,000 kilograms or greater of 
hazardous waste per calendar month who also generates wastewater 
treatment sludges from electroplating operations that meet the listing 
description for the RCRA hazardous waste code F006, and who must 
transport this waste, or offer this waste for transportation, over a 
distance of 200 miles or more for off-site metals recovery, may 
accumulate F006 waste on-site for more than 90 days, but not more than 
270 days without a permit or without having interim status if the 
generator complies with the requirements of paragraphs (g)(1) through 
(g)(4) of this section.
    (i) A generator accumulating F006 in accordance with paragraphs (g) 
and (h) of this section who accumulates F006 waste on-site for more than 
180 days (or for more than 270 days if the generator must transport this 
waste, or offer this waste for transportation, over a distance of 200 
miles or more), or who accumulates more than 20,000 kilograms of F006 
waste on-site is an operator of a storage facility and is subject to the 
requirements of 40 CFR parts 264 and 265 and the permit requirements of 
40 CFR part 270 unless the generator has been granted an extension to 
the 180-day (or 270-day if applicable) period or an exception to the 
20,000 kilogram accumulation limit. Such extensions and exceptions may 
be granted by EPA if F006 waste must remain on-site for longer than 180 
days (or 270 days if applicable) or if more than 20,000 kilograms of 
F006 waste must remain on-site due to unforeseen, temporary, and 
uncontrollable circumstances. An extension of up to 30 days or an 
exception to the accumulation limit may be granted at the discretion of 
the Regional Administrator on a case-by-case basis.

[47 FR 1251, Jan. 11, 1982, as amended a