[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2007 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
40
Parts 260 to 265
Revised as of July 1, 2007
Protection of Environment
________________________
Containing a codification of documents of general
applicability and future effect
As of July 1, 2007
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency
(Continued) 3
Finding Aids:
Material Approved for Incorporation by Reference........ 701
Table of CFR Titles and Chapters........................ 705
Alphabetical List of Agencies Appearing in the CFR...... 723
List of CFR Sections Affected........................... 733
[[Page iv]]
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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.
----------------------------
[[Page v]]
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, 2007), 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
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Code a note has been inserted to reflect the future effective date. In
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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, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate
volumes. For the period beginning January 1, 2001, 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
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to materials already published elsewhere. For an incorporation to be
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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 202-741-6010.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
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and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I). A list of CFR titles, chapters,
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also included in this volume.
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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
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INQUIRIES
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Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 2007.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of thirty-one
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 (60.1-End), part 60 (Appendices), parts 61-62, part
63 (63.1-63.599), part 63 (63.600-63.1199), part 63 (63.1200-63.1439),
part 63 (63.1440-63.6175), part 63 (63.6580-63.8830), part 63 (63.8980-
End) parts 64-71, parts 72-80, parts 81-84, part 85-Sec. 86.599-99,
part 86 (86.600-1-End), parts 87-99, parts 100-135, 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, 2007.
Chapter I--Environmental Protection Agency appears in all thirty-one
volumes. An alphabetical Listing of Pesticide Chemicals Index appears in
parts 150-189, within part 180. Regulations issued by the Council on
Environmental Quality, including an Index to Parts 1500 through 1508,
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, Elmer Barksdale was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Ann Worley.
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains parts 260 to 265)
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Part
chapter i--Environmental Protection Agency (Continued)...... 260
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
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Editorial Note: Nomenclature changes to chapter I appear at 65 FR
47324, 47325, Aug. 2, 2000, and 66 FR 34375, 34376, June 28, 2001.
SUBCHAPTER I--SOLID WASTES (CONTINUED)
Part Page
260 Hazardous waste management system: General.. 5
261 Identification and listing of hazardous
waste................................... 30
262 Standards applicable to generators of
hazardous waste......................... 204
263 Standards applicable to transporters of
hazardous waste......................... 250
264 Standards for owners and operators of
hazardous waste treatment, storage, and
disposal facilities..................... 254
265 Interim status standards for owners and
operators of hazardous waste treatment,
storage, and disposal facilities........ 502
[[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.
Cathode ray tube or CRT means a vacuum tube, composed primarily of
glass, which is the visual or video display component of an electronic
device. A used, intact CRT means a CRT whose vacuum has not been
released. A used, broken CRT means glass removed from its housing or
casing whose vacuum has been released.
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.
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.
CRT collector means a person who receives used, intact CRTs for
recycling, repair, resale, or donation.
[[Page 8]]
CRT glass manufacturer means an operation or part of an operation
that uses a furnace to manufacture CRT glass.
CRT processing means conducting all of the following activities:
(1) Receiving broken or intact CRTs; and
(2) Intentionally breaking intact CRTs or further breaking or
separating broken CRTs; and
(3) Sorting or otherwise managing glass removed from CRT monitors.
Designated facility means:
(1) A hazardous waste treatment, storage, or disposal facility
which:
(i) Has received a permit (or interim status) in accordance with the
requirements of parts 270 and 124 of this chapter;
(ii) Has received a permit (or interim status) from a State
authorized in accordance with part 271 of this chapter; or
(iii) Is regulated under Sec. 261.6(c)(2) or subpart F of part 266
of this chapter; and
(iv) That has been designated on the manifest by the generator
pursuant to Sec. 262.20.
(2) Designated facility also means a generator site designated on
the manifest to receive its waste as a return shipment from a facility
that has rejected the waste in accordance with Sec. 264.72(f) or Sec.
265.72(f) of this chapter.
(3) 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 Sec. Sec.
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:
[[Page 9]]
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 Sec. Sec. 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 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
[[Page 10]]
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 40 CFR
264.101 or 267.101, all contiguous property under the control 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:
[[Page 11]]
(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 appendix V of parts 264 and 265 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 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
[[Page 12]]
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, 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 (including,
if necessary, EPA Form 8700-22A), originated and signed by the generator
or offeror in accordance with the instructions in the appendix to 40 CFR
part 262 and the applicable requirements of 40 CFR parts 262 through
265.
Manifest tracking number means: The alphanumeric identification
number (i.e., a unique three letter suffix preceded by nine numerical
digits), which is pre-printed in Item 4 of the Manifest by a registered
source.
Mercury-containing equipment means a device or part of a device
(including thermostats, but excluding batteries and lamps) that contains
elemental mercury integral to its function.
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
[[Page 13]]
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
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.
Performance Track member facility means a facility that has been
accepted by EPA for membership in the National Environmental Performance
Track Program and is still a member of the Program. The National
Environmental Performance Track Program is a voluntary, facility based,
program for top environmental performers. Facility members must
demonstrate a good record of compliance, past success in achieving
environmental goals, and
[[Page 14]]
commit to future specific quantified environmental goals, environmental
management systems, local community outreach, and annual reporting of
measurable results.
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 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 ground water, surface water, soils, and sediments) and
debris, that 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
[[Page 15]]
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 (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''.)
[[Page 16]]
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) 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.
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 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) Mercury-containing equipment 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:
[[Page 17]]
(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.
Unsaturated zone or zone of aeration means the zone between the land
surface and the water table.
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 is
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
(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, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 260.11 References.
(a) When used in parts 260 through 268 of this chapter, the
following publications are incorporated by reference. These
incorporations by reference were approved by the Director of the Federal
Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. 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.
Copies may be inspected at the Library, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW. (3403T), Washington, DC 20460,
libraryhq@epa.gov; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
(b) The following materials are available for purchase from the
American Society for Testing and Materials, 100 Barr Harbor Drive, P.O.
Box C700, West Conshohocken, PA 19428-2959.
(1) ASTM D-93-79 or D-93-80, ``Standard Test Methods for Flash Point
by Pensky-Martens Closed Cup Tester,'' IBR approved for Sec. 261.21.
[[Page 18]]
(2) ASTM D-1946-82, ``Standard Method for Analysis of Reformed Gas
by Gas Chromatography,'' IBR approved for Sec. Sec. 264.1033, 265.1033.
(3) ASTM D 2267-88, ``Standard Test Method for Aromatics in Light
Naphthas and Aviation Gasolines by Gas Chromatography,'' IBR approved
for Sec. 264.1063.
(4) ASTM D 2382-83, ``Standard Test Method for Heat of Combustion of
Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method),'' IBR
approved for Sec. Sec. 264.1033, 265.1033.
(5) ASTM D 2879-92, ``Standard Test Method for Vapor Pressure--
Temperature Relationship and Initial Decomposition Temperature of
Liquids by Isoteniscope,'' IBR approved for Sec. 265.1084.
(6) ASTM D-3278-78, ``Standard Test Methods for Flash Point for
Liquids by Setaflash Closed Tester,'' IBR approved for Sec. 261.21(a).
(7) ASTM E 168-88, ``Standard Practices for General Techniques of
Infrared Quantitative Analysis,'' IBR approved for Sec. 264.1063.
(8) ASTM E 169-87, ``Standard Practices for General Techniques of
Ultraviolet-Visible Quantitative Analysis,'' IBR approved for Sec.
264.1063.
(9) ASTM E 260-85, ``Standard Practice for Packed Column Gas
Chromatography,'' IBR approved for Sec. 264.1063.
(10) ASTM E 926-88, ``Standard Test Methods for Preparing Refuse-
Derived Fuel (RDF) Samples for Analyses of Metals,'' Test Method C--
Bomb, Acid Digestion Method.
(c) The following materials are available for purchase from the
National Technical Information Service, 5285 Port Royal Road,
Springfield, VA 22161; or for purchase from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402, (202)
512-1800.
(1) ``APTI Course 415: Control of Gaseous Emissions,'' EPA
Publication EPA-450/2-81-005, December 1981, IBR approved for Sec. Sec.
264.1035 and 265.1035.
(2) 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, PB99-121949, IBR
approved for part 261, appendix IX.
(3) The following methods as published in the test methods
compendium known as ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, Third Edition. A suffix of
``A'' in the method number indicates revision one (the method has been
revised once). A suffix of ``B'' in the method number indicates revision
two (the method has been revised twice). A suffix of ``C'' in the method
number indicates revision three (the method has been revised three
times). A suffix of ``D'' in the method number indicates revision four
(the method has been revised four times).
(i) Method 0010, dated September 1986 and in the Basic Manual, IBR
approved for part 261, appendix IX.
(ii) Method 0020, dated September 1986 and in the Basic Manual, IBR
approved for part 261, appendix IX.
(iii) Method 0030, dated September 1986 and in the Basic Manual, IBR
approved for part 261, appendix IX.
(iv) Method 1320, dated September 1986 and in the Basic Manual, IBR
approved for part 261, appendix IX.
(v) Method 1311, dated September 1992 and in Update I, IBR approved
for part 261, appendix IX, and Sec. Sec. 261.24, 268.7, 268.40.
(vi) Method 1330A, dated September 1992 and in Update I, IBR
approved for part 261, appendix IX.
(vii) Method 1312 dated September 1994 and in Update II, IBR
approved for part 261, appendix IX.
(viii) Method 0011, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX, and part 266, appendix IX.
(ix) Method 0023A, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX, part 266, appendix IX, and Sec.
266.104.
(x) Method 0031, dated December 1996 and in Update III, IBR approved
for part 261, appendix IX.
(xi) Method 0040, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX.
(xii) Method 0050, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX, part 266, appendix IX, and Sec.
266.107.
(xiii) Method 0051, dated December 1996 and in Update III, IBR
approved
[[Page 19]]
for part 261, appendix IX, part 266, appendix IX, and Sec. 266.107.
(xiv) Method 0060, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX, Sec. 266.106, and part 266,
appendix IX.
(xv) Method 0061, dated December 1996 and in Update III, IBR
approved for part 261, appendix IX, Sec. 266.106, and part 266,
appendix IX.
(xvi) Method 9071B, dated April 1998 and in Update IIIA, IBR
approved for part 261, appendix IX.
(xvii) Method 1010A, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX.
(xviii) Method 1020B, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX.
(xix) Method 1110A, dated November 2004 and in Update IIIB, IBR
approved for Sec. 261.22 and part 261, appendix IX.
(xx) Method 1310B, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX.
(xxi) Method 9010C, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX and Sec. Sec. 268.40, 268.44,
268.48.
(xxii) Method 9012B, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX and Sec. Sec. 268.40, 268.44,
268.48.
(xxiii) Method 9040C, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX and Sec. 261.22.
(xxiv) Method 9045D, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX.
(xxv) Method 9060A, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX, and Sec. Sec. 264.1034, 264.1063,
265.1034, 265.1063.
(xxvi) Method 9070A, dated November 2004 and in Update IIIB, IBR
approved for part 261, appendix IX.
(xxvii) Method 9095B, dated November 2004 and in Update IIIB, IBR
approved, part 261, appendix IX, and Sec. Sec. 264.190, 264.314,
265.190, 265.314, 265.1081, 267.190(a), 268.32.
(d) The following materials are available for purchase from the
National Fire Protection Association, 1 Batterymarch Park, P.O. Box
9101, Quincy, MA 02269-9101.
(1) ``Flammable and Combustible Liquids Code'' (1977 or 1981), IBR
approved for Sec. Sec. 264.198, 265.198, 267.202(b).
(2) [Reserved]
(e) The following materials are available for purchase from the
American Petroleum Institute, 1220 L Street, Northwest, Washington, DC
20005.
(1) API Publication 2517, Third Edition, February 1989,
``Evaporative Loss from External Floating-Roof Tanks,'' IBR approved for
Sec. 265.1084.
(2) [Reserved]
(f) The following materials are available for purchase from the
Environmental Protection Agency, Research Triangle Park, NC.
(1) ``Screening Procedures for Estimating the Air Quality Impact of
Stationary Sources, Revised'', October 1992, EPA Publication No. EPA-
450/R-92-019, IBR approved for part 266, appendix IX.
(2) [Reserved]
(g) The following materials are available for purchase from the
Organisation for Economic Co-operation and Development, Environment
Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France.
(1) OECD Green List of Wastes (revised May 1994), Amber List of
Wastes and Red List of Wastes (both revised May 1993) as set forth in
Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD Council
Decision C(92)39/FINAL (Concerning the Control of Transfrontier
Movements of Wastes Destined for Recovery Operations), IBR approved for
262.89 of this chapter.
(2) [Reserved]
[70 FR 34560, June 14, 2005, as amended at 70 FR 53453, Sept. 8, 2005;
70 FR 59575, Oct. 12, 2005]
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
[[Page 20]]
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]
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 by reference in
Sec. 260.11 and added to ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication 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; 70
FR 34561, June 14, 2005]
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:
[[Page 21]]
(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 acutely 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 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; or
(ii) Although containing one or more of the hazardous 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,
[[Page 22]]
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;
(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.
(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; 70 FR 34561, June
14, 2005; 71 FR 40258, July 14, 2006]
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.
[[Page 23]]
(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
(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 extent to which the material is handled before reclamation
to minimize loss;
(3) The time periods between generating the material and its
reclamation, and between reclamation and return to the original primary
production process;
[[Page 24]]
(4) The location of the reclamation operation in relation to the
production process;
(5) 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;
(6) Whether the person who generates the material also reclaims it;
(7) 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; 71
FR 16902, Apr. 4, 2006]
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 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)(iii) 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
[[Page 25]]
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, as amended at 71 FR 40258, July 14, 2006]
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)(iii) 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, 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, as amended at 71 FR 40258, July 14, 2006]
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
[[Page 26]]
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 (Sec. Sec. 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 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
[[Page 27]]
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.
[[Page 31]]
261.9 Requirements for Universal Waste.
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.
Subpart E_Exclusions/Exemptions
261.38 Comparable/Syngas Fuel Exclusion.
261.39 Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs)
and Processed CRT Glass Undergoing Recycling.
261.40 Conditional Exclusion for Used, Intact Cathode Ray Tubes (CRTs)
Exported for Recycling.
261.41 Notification and Recordkeeping for Used, Intact Cathode Ray Tubes
(CRTs) Exported for Reuse.
Appendix I to Part 261--Representative Sampling Methods
Appendix II to Part 261 [Reserved]
Appendix III to Part 261 [Reserved]
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 Sec. Sec. 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 Sec. Sec. 261.2 and 261.6:
(1) A ``spent material'' is any material that has been used and as a
result
[[Page 32]]
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 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
[[Page 33]]
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 variance granted under
Sec. Sec. 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 1 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 Sec.
261.4(a)(17)). Materials noted with a ``--''in column 3 of Table 1 are
not solid wastes when reclaimed.
(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 Energy (except as Speculative
constituting recovery/ provided in accumulation
disposal fuel (Sec. 261.4(a)(17) (Sec.
(Sec. 261.2(c)(2)) for mineral 261.2(c)(4))
261.2(c)(1)) processing
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.
[[Page 34]]
(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.
(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; 67 FR 11253, Mar. 13, 2002; 71 FR
40258, July 14, 2006]
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
[[Page 35]]
(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 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 1 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 Sec. Sec.
260.20 and 260.22 of this chapter.
(iii) [Reserved]
(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 Sec. Sec. 260.20 and 260.22,
paragraph (g) of this section, or paragraph (h) of this section;
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 spent solvents listed in Sec.
261.31--benzene, carbon tetrachloride, tetrachloroethylene,
trichloroethylene or the scrubber waters derived-from the combustion of
these spent 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 1 part per million, OR the total
measured concentration of these solvents entering the headworks of the
facility's wastewater treatment system (at facilities subject to
regulation under the Clean Air Act, as amended, at 40 CFR parts 60, 61,
or 63, or at facilities subject to an enforceable limit in a federal
operating permit that minimizes fugitive emissions), does not exceed 1
part per million on an average weekly basis. Any facility that uses
benzene as a solvent and claims this exemption must use an aerated
biological wastewater treatment system and must use only lined surface
impoundments or tanks prior to secondary clarification in the wastewater
treatment system. Facilities that choose to measure concentration levels
must file a copy of their sampling and analysis plan with the Regional
Administrator, or State Director, as the context requires, or an
authorized representative (``Director'' as defined in 40 CFR 270.2). A
facility must file a copy of a revised sampling and analysis plan only
if the initial plan is rendered inaccurate by changes in the facility's
operations. The sampling and analysis plan must include the monitoring
point location (headworks), the sampling frequency and methodology, and
a list of constituents to be monitored. A facility is eligible for the
direct monitoring option once they receive confirmation that the
sampling and analysis plan has been received by the Director. The
Director may reject the sampling and analysis plan if he/she finds that,
the sampling and analysis plan fails to include the above information;
or the plan parameters would not enable the facility to calculate the
weekly average concentration of these chemicals accurately. If the
Director rejects the sampling and analysis plan or if the Director finds
that the facility is not following the sampling and analysis plan,
[[Page 36]]
the Director shall notify the facility to cease the use of the direct
monitoring option until such time as the bases for rejection are
corrected; 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, 2-ethoxyethanol, or the scrubber waters
derived-from the combustion of these spent 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 the total measured concentration of these
solvents entering the headworks of the facility's wastewater treatment
system (at facilities subject to regulation under the Clean Air Act as
amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an
enforceable limit in a federal operating permit that minimizes fugitive
emissions), does not exceed 25 parts per million on an average weekly
basis. Facilities that choose to measure concentration levels must file
a copy of their sampling and analysis plan with the Regional
Administrator, or State Director, as the context requires, or an
authorized representative (``Director'' as defined in 40 CFR 270.2). A
facility must file a copy of a revised sampling and analysis plan only
if the initial plan is rendered inaccurate by changes in the facility's
operations. The sampling and analysis plan must include the monitoring
point location (headworks), the sampling frequency and methodology, and
a list of constituents to be monitored. A facility is eligible for the
direct monitoring option once they receive confirmation that the
sampling and analysis plan has been received by the Director. The
Director may reject the sampling and analysis plan if he/she finds that,
the sampling and analysis plan fails to include the above information;
or the plan parameters would not enable the facility to calculate the
weekly average concentration of these chemicals accurately. If the
Director rejects the sampling and analysis plan or if the Director finds
that the facility is not following the sampling and analysis plan, the
Director shall notify the facility to cease the use of the direct
monitoring option until such time as the bases for rejection are
corrected; 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 hazardous waste, commercial chemical product, or
chemical intermediate listed in Sec. Sec. 261.31 through 261.33,
arising from de minimis losses of these materials. For purposes of this
paragraph (a)(2)(iv)(D), de minimis losses are inadvertent releases to a
wastewater treatment system, including 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 rinsate from empty containers or from containers
that are rendered empty by that rinsing. Any manufacturing facility that
claims an exemption for de minimis quantities of wastes listed in
Sec. Sec. 261.31 through 261.32, or any nonmanufacturing facility that
claims an exemption for de minimis quantities of wastes listed in
subpart D of this part must either have eliminated the discharge of
wastewaters or have included in its Clean Water Act
[[Page 37]]
permit application or submission to its pretreatment control authority
the constituents for which each waste was listed (in 40 CFR 261 appendix
VII) of this part; and the constituents in the table ``Treatment
Standards for Hazardous Wastes'' in 40 CFR 268.40 for which each waste
has a treatment standard (i.e., Land Disposal Restriction constituents).
A facility is eligible to claim the exemption once the permit writer or
control authority has been notified of possible de minimis releases via
the Clean Water Act permit application or the pretreatment control
authority submission. A copy of the Clean Water permit application or
the submission to the pretreatment control authority must be placed in
the facility's on-site files; 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 cannot 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 dilution into the headworks of the facility's
wastewater treatment system does not exceed a total of 5 parts per
million by weight OR the total measured concentration of these chemicals
entering the headworks of the facility's wastewater treatment system (at
facilities subject to regulation under the Clean Air Act as amended, at
40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable
limit in a federal operating permit that minimizes fugitive emissions),
does not exceed 5 parts per million on an average weekly basis.
Facilities that choose to measure concentration levels must file copy of
their sampling and analysis plan with the Regional Administrator, or
State Director, as the context requires, or an authorized representative
(``Director'' as defined in 40 CFR 270.2). A facility must file a copy
of a revised sampling and analysis plan only if the initial plan is
rendered inaccurate by changes in the facility's operations. The
sampling and analysis plan must include the monitoring point location
(headworks), the sampling frequency and methodology, and a list of
constituents to be monitored. A facility is eligible for the direct
monitoring option once they receive confirmation that the sampling and
analysis plan has been received by the Director. The Director may reject
the sampling and analysis plan if he/she finds that, the sampling and
analysis plan fails to include the above information; or the plan
parameters would not enable the facility to calculate the weekly average
concentration of these chemicals accurately. If the Director rejects the
sampling and analysis plan or if the Director finds that the facility is
not following the sampling and analysis plan, the Director shall notify
the facility to cease the use of the direct monitoring option until such
time as the bases for rejection are corrected; 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 OR
the total measured concentration of these chemicals entering the
[[Page 38]]
headworks of the facility's wastewater treatment system (at facilities
subject to regulation under the Clean Air Act as amended, at 40 CFR
parts 60, 61, or 63, or at facilities subject to an enforceable limit in
a federal operating permit that minimizes fugitive emissions), does not
exceed 5 milligrams per liter on an average weekly basis. Facilities
that choose to measure concentration levels must file copy of their
sampling and analysis plan with the Regional Administrator, or State
Director, as the context requires, or an authorized representative
(``Director'' as defined in 40 CFR 270.2). A facility must file a copy
of a revised sampling and analysis plan only if the initial plan is
rendered inaccurate by changes in the facility's operations. The
sampling and analysis plan must include the monitoring point location
(headworks), the sampling frequency and methodology, and a list of
constituents to be monitored. A facility is eligible for the direct
monitoring option once they receive confirmation that the sampling and
analysis plan has been received by the Director. The Director may reject
the sampling and analysis plan if he/she finds that, the sampling and
analysis plan fails to include the above information; or the plan
parameters would not enable the facility to calculate the weekly average
concentration of these chemicals accurately. If the Director rejects the
sampling and analysis plan or if the Director finds that the facility is
not following the sampling and analysis plan, the Director shall notify
the facility to cease the use of the direct monitoring option until such
time as the bases for rejection are corrected.
(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, 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).
(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:
(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), (g) or
(h) 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
[[Page 39]]
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 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
[[Page 40]]
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 Sec. Sec. 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.
(g)(1) A hazardous waste that is listed in subpart D of this part
solely because it exhibits one or more characteristics of ignitability
as defined under Sec. 261.21, corrosivity as defined under Sec.
261.22, or reactivity as defined under Sec. 261.23 is not a hazardous
waste, if the waste no longer exhibits any characteristic of hazardous
waste identified in subpart C of this part.
(2) The exclusion described in paragraph (g)(1) of this section also
pertains to:
(i) Any mixture of a solid waste and a hazardous waste listed in
subpart D of this part solely because it exhibits the characteristics of
ignitability, corrosivity, or reactivity as regulated under paragraph
(a)(2)(iv) of this section; and
(ii) Any solid waste generated from treating, storing, or disposing
of a hazardous waste listed in subpart D of this part solely because it
exhibits the characteristics of ignitability, corrosivity, or reactivity
as regulated under paragraph (c)(2)(i) of this section.
(3) Wastes excluded under this section are subject to part 268 of
this chapter (as applicable), even if they no longer exhibit a
characteristic at the point of land disposal.
(4) Any mixture of a solid waste excluded from regulation under
Sec. 261.4(b)(7) and a hazardous waste listed in subpart D of this part
solely because it exhibits one or more of the characteristics of
ignitability, corrosivity, or reactivity as regulated under paragraph
(a)(2)(iv) of this section is not a hazardous waste, if the 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.
(h)(1) Hazardous waste containing radioactive waste is no longer a
hazardous waste when it meets the eligibility criteria and conditions of
40 CFR part 266, Subpart N (``eligible radioactive mixed waste'').
(2) The exemption described in paragraph (h)(1) of this section also
pertains to:
(i) Any mixture of a solid waste and an eligible radioactive mixed
waste; and
(ii) Any solid waste generated from treating, storing, or disposing
of an eligible radioactive mixed waste.
(3) Waste exempted under this section must meet the eligibility
criteria and specified conditions in 40 CFR 266.225 and 40 CFR 266.230
(for storage and treatment) and in 40 CFR 266.310 and 40 CFR 266.315
(for transportation
[[Page 41]]
and disposal). Waste that fails to satisfy these eligibility criteria
and conditions is regulated as 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; 66 FR 27297, May 16,
2001; 66 FR 50333, Oct. 3, 2001; 70 FR 34561, June 14, 2005; 70 FR
57784, Oct. 4, 2005; 71 FR 40258, July 14, 2006]
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.
(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 prepares a one-time notification stating that the plant
intends to claim
[[Page 42]]
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 until closure of the facility. The exclusion
applies 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 the violations are not likely to recur.
(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
[[Page 43]]
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) 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 spent material is legitimately recycled to recover minerals,
acids, cyanide, water or other values;
(ii) The spent material is not accumulated speculatively;
(iii) Except as provided in paragraph (a)(17)(iv) of this section,
the spent 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 State Director may make a site-
specific determination, after public review and comment, that only solid
mineral processing spent material may be placed on pads rather than
tanks containers, or buildings. Solid mineral processing spent 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 spent 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 notice to the Regional
Administrator or State Director providing 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 land-based units. This notification must be updated when there
is a change in the
[[Page 44]]
type of materials recycled or the location of the recycling process.
(vi) For purposes of paragraph (a)(7) of this section, mineral
processing spent 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:
(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).
(20) Hazardous secondary materials used to make zinc fertilizers,
provided that the following conditions specified are satisfied:
(i) Hazardous secondary materials used to make zinc micronutrient
fertilizers must not be accumulated speculatively, as defined in Sec.
261.1 (c)(8).
(ii) Generators and intermediate handlers of zinc-bearing hazardous
secondary materials that are to be incorporated into zinc fertilizers
must:
(A) Submit a one-time notice to the Regional Administrator or State
Director in whose jurisdiction the exclusion is being claimed, which
contains the name, address and EPA ID number of the generator or
intermediate handler facility, provides a brief description of the
secondary material that will be subject to the exclusion, and identifies
when the manufacturer intends to begin managing excluded, zinc-bearing
hazardous secondary materials under the conditions specified in this
paragraph (a)(20).
(B) Store the excluded secondary material in tanks, containers, or
buildings that are constructed and maintained in a way that prevents
releases of the secondary materials into the environment. At a minimum,
any building used for this purpose must be an engineered structure made
of non-earthen materials that provide structural support, and must have
a floor, walls and a roof that prevent wind dispersal and contact with
rainwater. Tanks used for this purpose must be structurally sound and,
if outdoors, must have roofs or covers that prevent contact with wind
and rain. Containers used for this purpose must be kept closed except
when it is necessary to add or remove material, and must be in sound
condition. Containers that are stored outdoors must be managed within
storage areas that:
(1) Have containment structures or systems sufficiently impervious
to contain leaks, spills and accumulated precipitation; and
(2) Provide for effective drainage and removal of leaks, spills and
accumulated precipitation; and
(3) Prevent run-on into the containment system.
(C) With each off-site shipment of excluded hazardous secondary
materials, provide written notice to the receiving facility that the
material is subject to the conditions of this paragraph (a)(20).
[[Page 45]]
(D) Maintain at the generator's or intermediate handlers's facility
for no less than three years records of all shipments of excluded
hazardous secondary materials. For each shipment these records must at a
minimum contain the following information:
(1) Name of the transporter and date of the shipment;
(2) Name and address of the facility that received the excluded
material, and documentation confirming receipt of the shipment; and
(3) Type and quantity of excluded secondary material in each
shipment.
(iii) Manufacturers of zinc fertilizers or zinc fertilizer
ingredients made from excluded hazardous secondary materials must:
(A) Store excluded hazardous secondary materials in accordance with
the storage requirements for generators and intermediate handlers, as
specified in paragraph (a)(20)(ii)(B) of this section.
(B) Submit a one-time notification to the Regional Administrator or
State Director that, at a minimum, specifies the name, address and EPA
ID number of the manufacturing facility, and identifies when the
manufacturer intends to begin managing excluded, zinc-bearing hazardous
secondary materials under the conditions specified in this paragraph
(a)(20).
(C) Maintain for a minimum of three years records of all shipments
of excluded hazardous secondary materials received by the manufacturer,
which must at a minimum identify for each shipment the name and address
of the generating facility, name of transporter and date the materials
were received, the quantity received, and a brief description of the
industrial process that generated the material.
(D) Submit to the Regional Administrator or State Director an annual
report that identifies the total quantities of all excluded hazardous
secondary materials that were used to manufacture zinc fertilizers or
zinc fertilizer ingredients in the previous year, the name and address
of each generating facility, and the industrial process(s) from which
they were generated.
(iv) Nothing in this section 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) Interim status and permitted storage units that have been used
to store only zinc-bearing hazardous wastes prior to the submission of
the one-time notice described in paragraph (a)(20)(ii)(A) of this
section, and that afterward will be used only to store hazardous
secondary materials excluded under this paragraph, are not subject to
the closure requirements of 40 CFR Parts 264 and 265.
(21) Zinc fertilizers made from hazardous wastes, or hazardous
secondary materials that are excluded under paragraph (a)(20) of this
section, provided that:
(i) The fertilizers meet the following contaminant limits:
(A) For metal contaminants:
------------------------------------------------------------------------
Maximum
Allowable
Total
Concentration
Constituent in
Fertilizer,
per Unit (1%)
of Zinc (ppm)
------------------------------------------------------------------------
Arsenic.................................................. 0.3
Cadmium.................................................. 1.4
Chromium................................................. 0.6
Lead..................................................... 2.8
Mercury.................................................. 0.3
------------------------------------------------------------------------
(B) For dioxin contaminants the fertilizer must contain no more than
eight (8) parts per trillion of dioxin, measured as toxic equivalent
(TEQ).
(ii) The manufacturer performs sampling and analysis of the
fertilizer product to determine compliance with the contaminant limits
for metals no less than every six months, and for dioxins no less than
every twelve months. Testing must also be performed whenever changes
occur to manufacturing processes or ingredients that could significantly
affect the amounts of contaminants in the fertilizer product. The
manufacturer may use any reliable analytical method to demonstrate that
no constituent of concern is present in the product at concentrations
above the applicable limits. It is the responsibility of the
manufacturer to ensure that the sampling and analysis are unbiased,
precise, and representative of the product(s) introduced into commerce.
[[Page 46]]
(iii) The manufacturer maintains for no less than three years
records of all sampling and analyses performed for purposes of
determining compliance with the requirements of paragraph (a)(21)(ii) of
this section. Such records must at a minimum include:
(A) The dates and times product samples were taken, and the dates
the samples were analyzed;
(B) The names and qualifications of the person(s) taking the
samples;
(C) A description of the methods and equipment used to take 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
cleanup and sample preparation methods; and
(F) All laboratory analytical results used to determine compliance
with the contaminant limits specified in this paragraph (a)(21).
(22) Used cathode ray tubes (CRTs)
(i) Used, intact CRTs as defined in Sec. 260.10 of this chapter are
not solid wastes within the United States unless they are disposed, or
unless they are speculatively accumulated as defined in Sec.
261.1(c)(8) by CRT collectors or glass processors.
(ii) Used, intact CRTs as defined in Sec. 260.10 of this chapter
are not solid wastes when exported for recycling provided that they meet
the requirements of Sec. 261.40.
(iii) Used, broken CRTs as defined in Sec. 260.10 of this chapter
are not solid wastes provided that they meet the requirements of Sec.
261.39.
(iv) Glass removed from CRTs is not a solid waste provided that it
meets the requirements of Sec. 261.39(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
[[Page 47]]
(B) The waste is generated from an industrial process which uses
trivalent chromium exclusively (or nearly exclusively) and the process
does not generate hexavalent chromium; and
(C) The waste is typically and frequently managed in non-oxidizing
environments.
(ii) Specific wastes 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/chrome 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 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; 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;
[[Page 48]]
(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;
(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 products 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: Waste
Identification Branch (5304), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., 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
[[Page 49]]
(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:
(i) The solid wastes disposed would meet one or more of the listing
descriptions for Hazardous Waste Codes K169, K170, K171, K172, K174,
K175, K176, K177, K178 and K181 if these wastes had been generated after
the effective date of the listing;
(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) As of February 13, 2001, leachate or gas condensate derived from
K169-K172 is no longer exempt if it is stored or managed in a surface
impoundment prior to discharge. As of November 21, 2003, leachate or gas
condensate derived from K176, K177, and K178 is no longer exempt if it
is stored or managed in a surface impoundment prior to discharge. After
February 26, 2007, leachate or gas condensate derived from K181 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 (b)(15)(v)
after the emergency ends.
(16) Sludges resulting from the treatment of wastewaters (not
including spent plating solutions) generated by the copper metallization
process at the International Business Machines Corporation (IBM)
semiconductor manufacturing facility in Essex Junction, VT, are exempt
from the F006 listing, provided that:
(i) IBM provides the Agency with semi-annual reports (by January 15
and July 15 of each year) detailing constituent analyses measuring the
concentrations of volatiles, semi-volatiles, and metals using methods
presented in part 264, appendix IX of this chapter of both the plating
solution utilized by, and the rinsewaters generated by, the copper
metallization process;
(ii) IBM provides the agency with semi-annual reports (by January 15
and July 15 of each year), through the year 2004, or when IBM has
achieved its facility-wide goal of a 40% reduction in greenhouse gas
emissions from a 1995 base year (when normalized to production),
whichever is first, that contain the following:
(A) Estimated greenhouse gas emissions, and estimated greenhouse gas
emission reductions. Greenhouse gas emissions will be reported in terms
of total mass emitted and mass emitted normalized to production; and
(B) The number of chemical vapor deposition chambers used in the
semiconductor manufacturing production line that have been converted to
either low flow C2F6 or NF3 during the
reporting period and the number of such chambers remaining to be
converted to achieve the facility goal for global warming gas emission
reductions.
(iii) No significant changes are made to the copper metallization
process such that any of the constituents listed in 40 CFR part 261,
appendix VII as the basis for the F006 listing are introduced into the
process.
(17) Solid waste that would otherwise meet the definition of low-
level mixed wastes (LLMW) pursuant to Sec. 266.210 of this chapter that
is generated at the Ortho-McNeil Pharmaceutical, Inc. (OMP Spring House)
research and development facility in Spring House, Pennsylvania and
treated on-site using a bench-scale high temperature catalytic oxidation
unit is not a hazardous waste provided that:
[[Page 50]]
(i) The total volume of LLMW generated and treated is no greater
than 50 liters/year, (ii) OMP Spring House submits a written report to
the EPA Region III office once every six months beginning six months
after June 27, 2005, that must contain the following:
(A) Analysis demonstrating the destruction and removal efficiency of
the treatment technology for all organic components of the wastestream,
(B) Analysis demonstrating the capture efficiencies of the treatment
technology for all radioactive components of the wastestream and an
estimate of the amount of radioactivity released during the reporting
period,
(C) Analysis (including concentrations of constituents, including
inorganic constituents, present and radioactivity) of the wastestream
prior to and after treatment,
(D) Volume of the wastestream being treated per batch, as well as a
total for the duration of the reporting period, and
(E) Final disposition of the radioactive residuals from the
treatment of the wastestream.
(iii) OMP Spring House makes no significant changes to the design or
operation of the high temperature catalytic oxidation unit or the
wastestream.
(iv) This exclusion will remain in affect for 5 years from June 27,
2005.
(18) By-products resulting from the production of automobile air bag
gas generants at the Autoliv ASP Inc. facility in Promontory Utah,
(Autoliv) are exempt from the D003 listing, for a period of five years
from May 9, 2001, provided that:
(i) The by-product gas generants are processed on-site in Autoliv's
Metal Recovery Furnace (MRF).
(A) By-product gas generants must only be fed to the MRF when it is
operating in conformance with the State of Utah, Division of Air
Quality's Approval Order DAQE-549-97.
(B) Combustion gas temperature must be maintained below 400 degrees
Fahrenheit at the baghouse inlet.
(ii) Prior to processing in the MRF, the by-product gas generants
are managed in accordance with the requirements specified in 40 CFR
262.34.
(iii) The Autoliv facility and the MRF are operated and managed in
accordance with the requirements of 40 CFR Part 265, Subparts B, C, D,
E, G, H, I, and O.
(iv) Residues derived from the processing of by-product gas
generants in the MRF are managed in accordance with the requirements
specified in 40 CFR Parts 262 and 268.
(v) The following testing of the MRF's stack gas emissions is
conducted:
(A) An initial test shall be conducted within 30 operating days of
starting feed of by-product gas generants to the MRF. EPA may extend
this deadline, at the request of Autoliv, when good cause is shown. The
initial test shall consist of three duplicate runs sampling for:
(1) Particulate matter using Method 5 as specified in 40 CFR Part
60, Appendix A.
(2) The metals Aluminum, Arsenic, Barium, Beryllium, Boron, Cadmium,
Chromium, Cobalt, Copper, Lead, and Nickel using Method 29 as specified
in 40 CFR Part 60, Appendix A.
(3) Polychlorinated di-benzo dioxins and furans using Method 23
0023A as specified in 40 CFR Part 60, Appendix A.
(4) Carbon monoxide using Method 10 as specified in 40 CFR Part 60,
Appendix A.
(B) After the initial test is completed, an annual stack test (12
months from the previous initial stack test) of the MRF shall be
conducted. The annual tests shall consist of three duplicate runs using
Method 29 and Method 5 as specified in 40 CFR Part 60, Appendix A.
(C) Testing shall be conducted while by-product gas generants are
fed to the MRF at no less than 90% of the planned maximum feed rate, and
with the MRF operating parameters within normal ranges.
(D) Initial stack testing results and additional project performance
data and information, including the quantity of by-product gas generants
processed and the operating parameter values during the test runs, will
be submitted by Autoliv to the State of Utah and EPA within 60 days of
the completion of the initial stack test.
(E) Annual stack test results and additional project performance
data and
[[Page 51]]
information, including the quantity of by-product gas generants
processed and the operating parameter values during the test runs, will
be submitted by Autoliv to EPA and the State of Utah within 60 days of
the completion of the annual test.
(vi) Combustion gas discharged to the atmosphere from the MRF meets
the following limits:
(A) Dioxin emissions do not exceed 0.4 ng per dry standard cubic
meter on a toxicity equivalent quotient (TEQ) basis corrected to 7%
Oxygen.
(B) Combined lead and cadmium emissions do not exceed 240 ug per dry
standard cubic meter corrected to 7% Oxygen.
(C) Combined arsenic, beryllium, and chromium emissions do not
exceed 97 ug per dry standard cubic meter corrected to 7% Oxygen.
(D) Particulate matter emissions do not exceed 34 mg per dry
standard cubic meter corrected to 7% Oxygen.
(E) If the limits specified in paragraphs (b)(18)(vi)(A) through (D)
of this section are exceeded, Autoliv shall discontinue feeding gas
generants to the MRF until such time as Autoliv can demonstrate to EPA
and the state of Utah satisfaction that the MRF combustion gas emissions
can meet the limits specified in paragraphs (b)(18)(vi) (A) through (D)
of this section
(vii) No by-product gas generants or other pyrotechnic wastes
generated off-site will be received at the Autoliv facility in
Promontory, Utah or processed in the MRF unless otherwise allowed by law
(permit or regulation).
(viii) Autoliv will provide EPA and the state of Utah with semi-
annual reports (by January 30 and July 30 of each year).
(A) The semi-annual reports will document the amounts of by-product
gas generants processed during the reporting period.
(B) The semi-annual reports will provide a summary of the MRF
Operating Record during the reporting period, including information on
by-product gas generant composition, average feed rates, upset
conditions, and spills or releases.
(ix) No significant changes are made to the operating parameter
production values of Autoliv's production of air bag gas generants such
that any of the constituents listed in appendix VIII of this part are
introduced into the process.
(x) Autoliv reports to the EPA any noncompliance which may endanger
health or the environment orally within 24 hours from the time Autoliv
becomes aware of the circumstances, including:
(A) Any information of a release, discharge, fire, or explosion from
the MRF, which could threaten the environment or human health.
(B) The description of the occurrence and its cause shall include:
(1) Name, address, and telephone number of the facility;
(2) Date, time, and type of incident;
(3) Name and quantity of material(s) involved;
(4) The extent of injuries, if any;
(5) An assessment of actual or potential hazards to the environment
and human health, and
(6) Estimated quantity and disposition of recovered material that
resulted from the incident.
(C) A written notice shall also be provided within five days of the
time Autoliv becomes aware of the circumstances. The written notice
shall contain a description of the non-compliance and its cause; the
period of noncompliance including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the noncompliance. The EPA may waive the
five day written notice requirement in favor of a written report within
fifteen days.
(xi) Notifications and submissions made under paragraph (b)(18) of
this section shall be sent to the Regional Assistant Administrator for
the Office of Partnerships and Regulatory Assistance, U.S. EPA, Region 8
and the Executive Secretary of the Utah Solid and Hazardous Waste
Control Board.
(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
[[Page 52]]
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.
(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
[[Page 53]]
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)(2)(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 (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 treatability 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
[[Page 54]]
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 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
[[Page 55]]
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 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 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, which appears in the
Finding Aids section of the printed volume and on GPO Access.
[[Page 56]]
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
Sec. Sec. 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 Sec. Sec.
261.31, 261.32, or 261.33(e).
[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;
[[Page 57]]
(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 Sec. Sec. 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 in a non-municipal non-
hazardous waste disposal unit after January 1, 1998, is subject to the
requirements in Sec. Sec. 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.
Any material
[[Page 58]]
produced from such a mixture by processing, blending, or other treatment
is also so regulated.
[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; 68 FR 44665, July 30, 2003]
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
O 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 (40
CFR part 266, 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 (40 CFR part 266, subpart H);
(iii) Recyclable materials from which precious metals are reclaimed
(40 CFR part 266, subpart F);
(iv) Spent lead-acid batteries that are being reclaimed (40 CFR part
266, subpart G).
(v) U.S. Filter Recovery Services XL waste (40 CFR part 266, subpart
O).
(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 Sec. Sec.
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 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
[[Page 59]]
(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 recycled 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; 66 FR 28085, May 22, 2001; 71 FR 40259, July 14, 2006]
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, 267, 268, 270, or 124 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 Sec. Sec.
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
[[Page 60]]
(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 119 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 119 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 Sec. Sec. 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; 70 FR 10815, Mar. 4, 2005; 70 FR 53453, Sept. 8, 2005]
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) Mercury-containing equipment 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; 70
FR 45520, Aug. 5, 2005]
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]
[[Page 61]]
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 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
[[Page 62]]
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 Sec. Sec.
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).
(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.
(i) The term ``compressed gas'' shall designate any material or
mixture having in the container an absolute pressure exceeding 40 p.s.i.
at 70 [deg]F or, regardless of the pressure at 70 [deg]F, having an
absolute pressure exceeding 104 p.s.i. at 130 [deg]F; or any liquid
flammable material having a vapor pressure exceeding 40 p.s.i. absolute
at 100 [deg]F as determined by ASTM Test D-323.
(ii) A compressed gas shall be characterized as ignitable if any one
of the following occurs:
(A) Either a mixture of 13 percent or less (by volume) with air
forms a flammable mixture or the flammable range with air is wider than
12 percent regardless of the lower limit. These limits shall be
determined at atmospheric temperature and pressure. The method of
sampling and test procedure shall be acceptable to the Bureau of
Explosives and approved by the director, Pipeline and Hazardous
Materials Technology, U.S. Department of Transportation (see Note 2).
(B) Using the Bureau of Explosives' Flame Projection Apparatus (see
Note 1), the flame projects more than 18 inches beyond the ignition
source with valve opened fully, or, the flame flashes back and burns at
the valve with any degree of valve opening.
(C) Using the Bureau of Explosives' Open Drum Apparatus (see Note
1), there is any significant propagation of flame away from the ignition
source.
(D) Using the Bureau of Explosives' Closed Drum Apparatus (see Note
1), there is any explosion of the vapor-air mixture in the drum.
(4) It is an oxidizer. An oxidizer for the purpose of this
subchapter is a substance such as a chlorate, permanganate, inorganic
peroxide, or a nitrate, that yields oxygen readily to stimulate the
combustion of organic matter (see Note 4).
(i) An organic compound containing the bivalent -O-O- structure and
which may be considered a derivative of hydrogen peroxide where one or
more of the hydrogen atoms have been replaced by organic radicals must
be classed as an organic peroxide unless:
(A) The material meets the definition of a Class A explosive or a
Class B explosive, as defined in Sec. 261.23(a)(8), in which case it
must be classed as an explosive,
(B) The material is forbidden to be offered for transportation
according to 49 CFR 172.101 and 49 CFR 173.21,
(C) It is determined that the predominant hazard of the material
containing an organic peroxide is other than that of an organic
peroxide, or
[[Page 63]]
(D) According to data on file with the Pipeline and Hazardous
Materials Safety Administration in the U.S. Department of Transportation
(see Note 3), it has been determined that the material does not present
a hazard in transportation.
(b) A solid waste that exhibits the characteristic of ignitability
has the EPA Hazardous Waste Number of D001.
Note 1: A description of the Bureau of Explosives' Flame Projection
Apparatus, Open Drum Apparatus, Closed Drum Apparatus, and method of
tests may be procured from the Bureau of Explosives.
Note 2: As part of a U.S. Department of Transportation (DOT)
reorganization, the Office of Hazardous Materials Technology (OHMT),
which was the office listed in the 1980 publication of 49 CFR 173.300
for the purposes of approving sampling and test procedures for a
flammable gas, ceased operations on February 20, 2005. OHMT programs
have moved to the Pipeline and Hazardous Materials Safety Administration
(PHMSA) in the DOT.
Note 3: As part of a U.S. Department of Transportation (DOT)
reorganization, the Research and Special Programs Administration (RSPA),
which was the office listed in the 1980 publication of 49 CFR 173.151a
for the purposes of determining that a material does not present a
hazard in transport, ceased operations on February 20, 2005. RSPA
programs have moved to the Pipeline and Hazardous Materials Safety
Administration (PHMSA) in the DOT.
Note 4: The DOT regulatory definition of an oxidizer was contained
in Sec. 173.151 of 49 CFR, and the definition of an organic peroxide
was contained in paragraph 173.151a. An organic peroxide is a type of
oxidizer.
[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55
FR 22684, June 1, 1990; 70 FR 34561, June 14, 2005; 71 FR 40259, July
14, 2006]
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 9040C 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 Method 1110A in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, and 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; 70 FR 34561, June
14, 2005]
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 (except manufactured gas plant waste) exhibits the
characteristic of toxicity if, using the
[[Page 64]]
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 1 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 Tetrachloroethyl ene...... 127-18-4 0.7
D015 Toxaphene................. 8001-35-2 0.5
D040 Trichloroethyl ene........ 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.
\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; 67 FR 11254, Mar.
13, 2002; 71 FR 40259, July 14, 2006]
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 Sec. Sec.
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 Sec. Sec. 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:
[[Page 65]]
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 Sec. Sec. 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.
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.
[[Page 66]]
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.
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..
[[Page 67]]
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.).
------------------------------------------------------------------------
*(I,T) should be used to specify mixtures that are ignitable and contain
toxic constituents.
(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 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, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 261.32 Hazardous wastes from specific sources.
(a)The following solid wastes are listed hazardous wastes from
specific sources unless they are excluded under Sec. Sec. 260.20 and
260.22 and listed in appendix IX.
[[Page 68]]
------------------------------------------------------------------------
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.
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-
dimethylhydrazine (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.
[[Page 69]]
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.).
K174......................... Wastewater treatment (T)
sludges from the
production of ethylene
dichloride or vinyl
chloride monomer
(including sludges that
result from commingled
ethylene dichloride or
vinyl chloride monomer
wastewater and other
wastewater), unless the
sludges meet the
following conditions:
(i) they are disposed of
in a subtitle C or non-
hazardous landfill
licensed or permitted by
the state or federal
government; (ii) they
are not otherwise placed
on the land prior to
final disposal; and
(iii) the generator
maintains documentation
demonstrating that the
waste was either
disposed of in an on-
site landfill or
consigned to a
transporter or disposal
facility that provided a
written commitment to
dispose of the waste in
an off-site landfill.
Respondents in any
action brought to
enforce the requirements
of subtitle C must, upon
a showing by the
government that the
respondent managed
wastewater treatment
sludges from the
production of vinyl
chloride monomer or
ethylene dichloride,
demonstrate that they
meet the terms of the
exclusion set forth
above. In doing so, they
must provide appropriate
documentation (e.g.,
contracts between the
generator and the
landfill owner/operator,
invoices documenting
delivery of waste to
landfill, etc.) that the
terms of the exclusion
were met.
K175......................... Wastewater treatment (T)
sludges from the
production of vinyl
chloride monomer using
mercuric chloride
catalyst in an acetylene-
based process.
K181......................... Nonwastewaters from the (T)
production of dyes and/
or pigments (including
nonwastewaters
commingled at the point
of generation with
nonwastewaters from
other processes) that,
at the point of
generation, contain mass
loadings of any of the
constituents identified
in paragraph (c) of this
section that are equal
to or greater than the
corresponding paragraph
(c) levels, as
determined on a calendar
year basis. These wastes
will not be hazardous if
the nonwastewaters are:
(i) disposed in a
Subtitle D landfill unit
subject to the design
criteria in Sec.
258.40, (ii) disposed in
a Subtitle C landfill
unit subject to either
Sec. 264.301 or Sec.
265.301, (iii) disposed
in other Subtitle D
landfill units that meet
the design criteria in
Sec. 258.40, Sec.
264.301, or Sec.
265.301, or (iv) treated
in a combustion unit
that is permitted under
Subtitle C, or an onsite
combustion unit that is
permitted under the
Clean Air Act. For the
purposes of this
listing, dyes and/or
pigments production is
defined in paragraph
(b)(1) of this section.
Paragraph (d) of this
section describes the
process for
demonstrating that a
facility's
nonwastewaters are not
K181. This listing does
not apply to wastes that
are otherwise identified
as hazardous under Sec.
Sec. 261.21-261.24 and
261.31-261.33 at the
point of generation.
Also, the listing does
not apply to wastes
generated before any
annual mass loading
limit is met.
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.
K176......................... Baghouse filters from the (E)
production of antimony
oxide, including filters
from the production of
intermediates (e.g.,
antimony metal or crude
antimony oxide).
K177......................... Slag from the production (T)
of antimony oxide that
is speculatively
accumulated or disposed,
including slag from the
production of
intermediates (e.g.,
antimony metal or crude
antimony oxide).
[[Page 70]]
K178......................... Residues from (T)
manufacturing and
manufacturing-site
storage of ferric
chloride from acids
formed during the
production of titanium
dioxide using the
chloride-ilmenite
process.
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.
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).
[[Page 71]]
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.
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.
------------------------------------------------------------------------
(b) Listing Specific Definitions: (1) For the purposes of the K181
listing, dyes and/or pigments production is defined to include
manufacture of the following product classes: dyes, pigments, or FDA
certified colors that are classified as azo, triarylmethane, perylene or
anthraquinone classes. Azo products include azo, monoazo, diazo, triazo,
polyazo, azoic, benzidine, and pyrazolone products. Triarylmethane
products include both triarylmethane and triphenylmethane products.
Wastes that are not generated at a dyes and/or pigments manufacturing
site, such as wastes from the offsite use, formulation, and packaging of
dyes and/or pigments, are not included in the K181 listing.
(c) K181 Listing Levels. Nonwastewaters containing constituents in
amounts equal to or exceeding the following levels during any calendar
year are subject to the K181 listing, unless the conditions in the K181
listing are met.
------------------------------------------------------------------------
Chemical Mass
Constituent abstracts levels
No. (kg/yr)
------------------------------------------------------------------------
Aniline........................................... 62-53-3 9,300
o-Anisidine....................................... 90-04-0 110
4-Chloroaniline................................... 106-47-8 4,800
p-Cresidine....................................... 120-71-8 660
2,4-Dimethylaniline............................... 95-68-1 100
1,2-Phenylenediamine.............................. 95-54-5 710
1,3-Phenylenediamine.............................. 108-45-2 1,200
------------------------------------------------------------------------
(d) Procedures for demonstrating that dyes and/or pigment
nonwastewaters are not K181. The procedures described in paragraphs
(d)(1)-(d)(3) and (d)(5) of this section establish when nonwastewaters
from the production of dyes/pigments would not be hazardous (these
procedures apply to wastes that are not disposed in landfill units or
treated in combustion units as specified in paragraph (a) of this
section). If the nonwastewaters are disposed in landfill units or
treated in combustion units as described in paragraph (a) of this
section, then the nonwastewaters are not hazardous. In order to
demonstrate that it is meeting the landfill disposal or combustion
conditions contained in the K181 listing description,
[[Page 72]]
the generator must maintain documentation as described in paragraph
(d)(4) of this section.
(1) Determination based on no K181 constituents. Generators that
have knowledge (e.g., knowledge of constituents in wastes based on prior
sampling and analysis data and/or information about raw materials used,
production processes used, and reaction and degradation products formed)
that their wastes contain none of the K181 constituents (see paragraph
(c) of this section) can use their knowledge to determine that their
waste is not K181. The generator must document the basis for all such
determinations on an annual basis and keep each annual documentation for
three years.
(2) Determination for generated quantities of 1,000 MT/yr or less
for wastes that contain K181 constituents. If the total annual quantity
of dyes and/or pigment nonwastewaters generated is 1,000 metric tons or
less, the generator can use knowledge of the wastes (e.g., knowledge of
constituents in wastes based on prior analytical data and/or information
about raw materials used, production processes used, and reaction and
degradation products formed) to conclude that annual mass loadings for
the K181 constituents are below the listing levels of paragraph (c) of
this section. To make this determination, the generator must:
(i) Each year document the basis for determining that the annual
quantity of nonwastewaters expected to be generated will be less than
1,000 metric tons.
(ii) Track the actual quantity of nonwastewaters generated from
January 1 through December 31 of each year. If, at any time within the
year, the actual waste quantity exceeds 1,000 metric tons, the generator
must comply with the requirements of paragraph (d)(3) of this section
for the remainder of the year.
(iii) Keep a running total of the K181 constituent mass loadings
over the course of the calendar year.
(iv) Keep the following records on site for the three most recent
calendar years in which the hazardous waste determinations are made:
(A) The quantity of dyes and/or pigment nonwastewaters generated.
(B) The relevant process information used.
(C) The calculations performed to determine annual total mass
loadings for each K181 constituent in the nonwastewaters during the
year.
(3) Determination for generated quantities greater than 1,000 MT/yr
for wastes that contain K181 constituents. If the total annual quantity
of dyes and/or pigment nonwastewaters generated is greater than 1,000
metric tons, the generator must perform all of the steps described in
paragraphs ((d)(3)(i)-(d)(3)(xi) of this section) in order to make a
determination that its waste is not K181.
(i) Determine which K181 constituents (see paragraph (c) of this
section) are reasonably expected to be present in the wastes based on
knowledge of the wastes (e.g., based on prior sampling and analysis data
and/or information about raw materials used, production processes used,
and reaction and degradation products formed).
(ii) If 1,2-phenylenediamine is present in the wastes, the generator
can use either knowledge or sampling and analysis procedures to
determine the level of this constituent in the wastes. For
determinations based on use of knowledge, the generator must comply with
the procedures for using knowledge described in paragraph (d)(2) of this
section and keep the records described in paragraph (d)(2)(iv) of this
section. For determinations based on sampling and analysis, the
generator must comply with the sampling and analysis and recordkeeping
requirements described below in this section.
(iii) Develop a waste sampling and analysis plan (or modify an
existing plan) to collect and analyze representative waste samples for
the K181 constituents reasonably expected to be present in the wastes.
At a minimum, the plan must include:
(A) A discussion of the number of samples needed to characterize the
wastes fully;
(B) The planned sample collection method to obtain representative
waste samples;
(C) A discussion of how the sampling plan accounts for potential
temporal and spatial variability of the wastes.
(D) A detailed description of the test methods to be used, including
sample
[[Page 73]]
preparation, clean up (if necessary), and determinative methods.
(iv) Collect and analyze samples in accordance with the waste
sampling and analysis plan.
(A) The sampling and analysis must be unbiased, precise, and
representative of the wastes.
(B) The analytical measurements must be sufficiently sensitive,
accurate and precise to support any claim that the constituent mass
loadings are below the listing levels of paragraph (c) of this section.
(v) Record the analytical results.
(vi) Record the waste quantity represented by the sampling and
analysis results.
(vii) Calculate constituent-specific mass loadings (product of
concentrations and waste quantity).
(viii) Keep a running total of the K181 constituent mass loadings
over the course of the calendar year.
(ix) Determine whether the mass of any of the K181 constituents
listed in paragraph (c) of this section generated between January 1 and
December 31 of any year is below the K181 listing levels.
(x) Keep the following records on site for the three most recent
calendar years in which the hazardous waste determinations are made:
(A) The sampling and analysis plan.
(B) The sampling and analysis results (including QA/QC data)
(C) The quantity of dyes and/or pigment nonwastewaters generated.
(D) The calculations performed to determine annual mass loadings.
(xi) Nonhazardous waste determinations must be conducted annually to
verify that the wastes remain nonhazardous.
(A) The annual testing requirements are suspended after three
consecutive successful annual demonstrations that the wastes are
nonhazardous. The generator can then use knowledge of the wastes to
support subsequent annual determinations.
(B) The annual testing requirements are reinstated if the
manufacturing or waste treatment processes generating the wastes are
significantly altered, resulting in an increase of the potential for the
wastes to exceed the listing levels.
(C) If the annual testing requirements are suspended, the generator
must keep records of the process knowledge information used to support a
nonhazardous determination. If testing is reinstated, a description of
the process change must be retained.
(4) Recordkeeping for the landfill disposal and combustion
exemptions. For the purposes of meeting the landfill disposal and
combustion condition set out in the K181 listing description, the
generator must maintain on site for three years documentation
demonstrating that each shipment of waste was received by a landfill
unit that is subject to or meets the landfill design standards set out
in the listing description, or was treated in combustion units as
specified in the listing description.
(5) Waste holding and handling. During the interim period, from the
point of generation to completion of the hazardous waste determination,
the generator is responsible for storing the wastes appropriately. If
the wastes are determined to be hazardous and the generator has not
complied with the subtitle C requirements during the interim period, the
generator could be subject to an enforcement action for improper
management.
[46 FR 4618, Jan. 16, 1981]
Editorial Note: For Federal Register citations affecting Sec.
261.32, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
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
[[Page 74]]
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 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 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. Wastes are first
listed in alphabetical order by substance and then listed again in
numerical order by Hazardous Waste Number.]
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
[[Page 75]]
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
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
[[Page 76]]
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 Ethanimidothioic 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
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 cyanide 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
[[Page 77]]
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-(methyl amino)-2-oxoethyl] ester
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
[[Page 78]]
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.
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%
P001 \1\ 81-81-2 Warfarin, & salts, when present at
concentrations greater than 0.3%
P002 591-08-2 Acetamide, -(aminothioxomethyl)-
P002 591-08-2 1-Acetyl-2-thiourea
P003 107-02-8 Acrolein
P003 107-02-8 2-Propenal
P004 309-00-2 Aldrin
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)-
P005 107-18-6 Allyl alcohol
P005 107-18-6 2-Propen-1-ol
P006 20859-73-8 Aluminum phosphide (R,T)
P007 2763-96-4 5-(Aminomethyl)-3-isoxazolol
P007 2763-96-4 3(2H)-Isoxazolone, 5-(aminomethyl)-
P008 504-24-5 4-Aminopyridine
P008 504-24-5 4-Pyridinamine
P009 131-74-8 Ammonium picrate (R)
P009 131-74-8 Phenol, 2,4,6-trinitro-, ammonium salt
(R)
P010 7778-39-4 Arsenic acid H3 AsO4
P011 1303-28-2 Arsenic oxide As2 O5
P011 1303-28-2 Arsenic pentoxide
P012 1327-53-3 Arsenic oxide As2 O3
P012 1327-53-3 Arsenic trioxide
P013 542-62-1 Barium cyanide
P014 108-98-5 Benzenethiol
P014 108-98-5 Thiophenol
P015 7440-41-7 Beryllium powder
P016 542-88-1 Dichloromethyl ether
P016 542-88-1 Methane, oxybis[chloro-
P017 598-31-2 Bromoacetone
P017 598-31-2 2-Propanone, 1-bromo-
P018 357-57-3 Brucine
P018 357-57-3 Strychnidin-10-one, 2,3-dimethoxy-
P020 88-85-7 Dinoseb
P020 88-85-7 Phenol, 2-(1-methylpropyl)-4,6-dinitro-
P021 592-01-8 Calcium cyanide
P021 592-01-8 Calcium cyanide Ca(CN)2
P022 75-15-0 Carbon disulfide
P023 107-20-0 Acetaldehyde, chloro-
P023 107-20-0 Chloroacetaldehyde
P024 106-47-8 Benzenamine, 4-chloro-
[[Page 79]]
P024 106-47-8 p-Chloroaniline
P026 5344-82-1 1-(o-Chlorophenyl)thiourea
P026 5344-82-1 Thiourea, (2-chlorophenyl)-
P027 542-76-7 3-Chloropropionitrile
P027 542-76-7 Propanenitrile, 3-chloro-
P028 100-44-7 Benzene, (chloromethyl)-
P028 100-44-7 Benzyl chloride
P029 544-92-3 Copper cyanide
P029 544-92-3 Copper cyanide Cu(CN)
P030 ............ Cyanides (soluble cyanide salts), not
otherwise specified
P031 460-19-5 Cyanogen
P031 460-19-5 Ethanedinitrile
P033 506-77-4 Cyanogen chloride
P033 506-77-4 Cyanogen chloride (CN)Cl
P034 131-89-5 2-Cyclohexyl-4,6-dinitrophenol
P034 131-89-5 Phenol, 2-cyclohexyl-4,6-dinitro-
P036 696-28-6 Arsonous dichloride, phenyl-
P036 696-28-6 Dichlorophenylarsine
P037 60-57-1 Dieldrin
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)-
P038 692-42-2 Arsine, diethyl-
P038 692-42-2 Diethylarsine
P039 298-04-4 Disulfoton
P039 298-04-4 Phosphorodithioic acid, O,O-diethyl S-
[2-(ethylthio)ethyl] ester
P040 297-97-2 O,O-Diethyl O-pyrazinyl
phosphorothioate
P040 297-97-2 Phosphorothioic acid, O,O-diethyl O-
pyrazinyl ester
P041 311-45-5 Diethyl-p-nitrophenyl phosphate
P041 311-45-5 Phosphoric acid, diethyl 4-nitrophenyl
ester
P042 51-43-4 1,2-Benzenediol, 4-[1-hydroxy-2-
(methylamino)ethyl]-, (R)-
P042 51-43-4 Epinephrine
P043 55-91-4 Diisopropylfluorophosphate (DFP)
P043 55-91-4 Phosphorofluoridic acid, bis(1-
methylethyl) ester
P044 60-51-5 Dimethoate
P044 60-51-5 Phosphorodithioic acid, O,O-dimethyl S-
[2-(methyl amino)-2-oxoethyl] ester
P045 39196-18-4 2-Butanone, 3,3-dimethyl-1-
(methylthio)-, O-
[(methylamino)carbonyl] oxime
P045 39196-18-4 Thiofanox
P046 122-09-8 Benzeneethanamine, alpha,alpha-
dimethyl-
P046 122-09-8 alpha,alpha-Dimethylphenethylamine
P047 \1\ 534-52-1 4,6-Dinitro-o-cresol, & salts
P047 \1\ 534-52-1 Phenol, 2-methyl-4,6-dinitro-, & salts
P048 51-28-5 2,4-Dinitrophenol
P048 51-28-5 Phenol, 2,4-dinitro-
P049 541-53-7 Dithiobiuret
P049 541-53-7 Thioimidodicarbonic diamide [(H2
N)C(S)]2 NH
P050 115-29-7 Endosulfan
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
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
P051 72-20-8 Endrin
P051 72-20-8 Endrin, & metabolites
P054 151-56-4 Aziridine
P054 151-56-4 Ethyleneimine
P056 7782-41-4 Fluorine
P057 640-19-7 Acetamide, 2-fluoro-
P057 640-19-7 Fluoroacetamide
P058 62-74-8 Acetic acid, fluoro-, sodium salt
P058 62-74-8 Fluoroacetic acid, sodium salt
P059 76-44-8 Heptachlor
P059 76-44-8 4,7-Methano-1H-indene, 1,4,5,6,7,8,8-
heptachloro-3a,4,7,7a-tetrahydro-
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)-
P060 465-73-6 Isodrin
P062 757-58-4 Hexaethyl tetraphosphate
P062 757-58-4 Tetraphosphoric acid, hexaethyl ester
P063 74-90-8 Hydrocyanic acid
P063 74-90-8 Hydrogen cyanide
P064 624-83-9 Methane, isocyanato-
P064 624-83-9 Methyl isocyanate
P065 628-86-4 Fulminic acid, mercury(2+) salt (R,T)
P065 628-86-4 Mercury fulminate (R,T)
P066 16752-77-5 Ethanimidothioic acid, N-
[[(methylamino)carbonyl]oxy]-, methyl
ester
[[Page 80]]
P066 16752-77-5 Methomyl
P067 75-55-8 Aziridine, 2-methyl-
P067 75-55-8 1,2-Propylenimine
P068 60-34-4 Hydrazine, methyl-
P068 60-34-4 Methyl hydrazine
P069 75-86-5 2-Methyllactonitrile
P069 75-86-5 Propanenitrile, 2-hydroxy-2-methyl-
P070 116-06-3 Aldicarb
P070 116-06-3 Propanal, 2-methyl-2-(methylthio)-, O-
[(methylamino)carbonyl]oxime
P071 298-00-0 Methyl parathion
P071 298-00-0 Phosphorothioic acid, O,O,-dimethyl O-
(4-nitrophenyl) ester
P072 86-88-4 alpha-Naphthylthiourea
P072 86-88-4 Thiourea, 1-naphthalenyl-
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 cyanide Ni(CN)2
P075 \1\ 54-11-5 Nicotine, & salts
P075 \1\ 54-11-5 Pyridine, 3-(1-methyl-2-pyrrolidinyl)-
, (S)-, & salts
P076 10102-43-9 Nitric oxide
P076 10102-43-9 Nitrogen oxide NO
P077 100-01-6 Benzenamine, 4-nitro-
P077 100-01-6 p-Nitroaniline
P078 10102-44-0 Nitrogen dioxide
P078 10102-44-0 Nitrogen oxide NO2
P081 55-63-0 Nitroglycerine (R)
P081 55-63-0 1,2,3-Propanetriol, trinitrate (R)
P082 62-75-9 Methanamine, -methyl-N-nitroso-
P082 62-75-9 N-Nitrosodimethylamine
P084 4549-40-0 N-Nitrosomethylvinylamine
P084 4549-40-0 Vinylamine, -methyl-N-nitroso-
P085 152-16-9 Diphosphoramide, octamethyl-
P085 152-16-9 Octamethylpyrophosphoramide
P087 20816-12-0 Osmium oxide OsO4, (T-4)-
P087 20816-12-0 Osmium tetroxide
P088 145-73-3 Endothall
P088 145-73-3 7-Oxabicyclo[2.2.1]heptane-2,3-
dicarboxylic acid
P089 56-38-2 Parathion
P089 56-38-2 Phosphorothioic acid, O,O-diethyl O-(4-
nitrophenyl) ester
P092 62-38-4 Mercury, (acetato-O)phenyl-
P092 62-38-4 Phenylmercury acetate
P093 103-85-5 Phenylthiourea
P093 103-85-5 Thiourea, phenyl-
P094 298-02-2 Phorate
P094 298-02-2 Phosphorodithioic acid, O,O-diethyl S-
[(ethylthio)methyl] ester
P095 75-44-5 Carbonic dichloride
P095 75-44-5 Phosgene
P096 7803-51-2 Hydrogen phosphide
P096 7803-51-2 Phosphine
P097 52-85-7 Famphur
P097 52-85-7 Phosphorothioic acid, O-[4-
[(dimethylamino)sulfonyl]phenyl] O,O-
dimethyl ester
P098 151-50-8 Potassium cyanide
P098 151-50-8 Potassium cyanide K(CN)
P099 506-61-6 Argentate(1-), bis(cyano-C)-,
potassium
P099 506-61-6 Potassium silver cyanide
P101 107-12-0 Ethyl cyanide
P101 107-12-0 Propanenitrile
P102 107-19-7 Propargyl alcohol
P102 107-19-7 2-Propyn-1-ol
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\ 157-24-9 Strychnidin-10-one, & salts
P108 \1\ 157-24-9 Strychnine, & salts
P109 3689-24-5 Tetraethyldithiopyrophosphate
P109 3689-24-5 Thiodiphosphoric acid, tetraethyl
ester
P110 78-00-2 Plumbane, tetraethyl-
P110 78-00-2 Tetraethyl lead
P111 107-49-3 Diphosphoric acid, tetraethyl ester
[[Page 81]]
P111 107-49-3 Tetraethyl pyrophosphate
P112 509-14-8 Methane, tetranitro-(R)
P112 509-14-8 Tetranitromethane (R)
P113 1314-32-5 Thallic oxide
P113 1314-32-5 Thallium oxide Tl2 O3
P114 12039-52-0 Selenious acid, dithallium(1+) salt
P114 12039-52-0 Tetraethyldithiopyrophosphate
P115 7446-18-6 Thiodiphosphoric acid, tetraethyl
ester
P115 7446-18-6 Plumbane, tetraethyl-
P116 79-19-6 Tetraethyl lead
P116 79-19-6 Thiosemicarbazide
P118 75-70-7 Methanethiol, trichloro-
P118 75-70-7 Trichloromethanethiol
P119 7803-55-6 Ammonium vanadate
P119 7803-55-6 Vanadic acid, ammonium salt
P120 1314-62-1 Vanadium oxide V2O5
P120 1314-62-1 Vanadium pentoxide
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)
P123 8001-35-2 Toxaphene
P127 1563-66-2 7-Benzofuranol, 2,3-dihydro-2,2-
dimethyl-, methylcarbamate.
P127 1563-66-2 Carbofuran
P128 315-8-4 Mexacarbate
P128 315-18-4 Phenol, 4-(dimethylamino)-3,5-dimethyl-
, methylcarbamate (ester)
P185 26419-73-8 1,3-Dithiolane-2-carboxaldehyde, 2,4-
dimethyl-, O-[(methylamino)-
carbonyl]oxime.
P185 26419-73-8 Tirpate
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)
P188 57-64-7 Physostigmine salicylate
P189 55285-14-8 Carbamic acid, [(dibutylamino)-
thio]methyl-, 2,3-dihydro-2,2-
dimethyl-7-benzofuranyl ester
P189 55285-14-8 Carbosulfan
P190 1129-41-5 Carbamic acid, methyl-, 3-methylphenyl
ester
P190 1129-41-5 Metolcarb
P191 644-64-4 Carbamic acid, dimethyl-, 1-[(dimethyl-
amino)carbonyl]-5-methyl-1H-pyrazol-3-
yl ester
P191 644-64-4 Dimetilan
P192 119-38-0 Carbamic acid, dimethyl-, 3-methyl-1-
(1-methylethyl)-1H-pyrazol-5-yl ester
P192 119-38-0 Isolan
P194 23135-22-0 Ethanimidthioic acid, 2-
(dimethylamino)-N-[[(methylamino)
carbonyl]oxy]-2-oxo-, methyl ester
P194 23135-22-0 Oxamyl
P196 15339-36-3 Manganese,
bis(dimethylcarbamodithioato-
S,S[min])-,
P196 15339-36-3 Manganese dimethyldithiocarbamate
P197 17702-57-7 Formparanate
P197 17702-57-7 Methanimidamide, N,N-dimethyl-N[min]-
[2-methyl-4-
[[(methylamino)carbonyl]oxy]phenyl]-
P198 23422-53-9 Formetanate hydrochloride
P198 23422-53-9 Methanimidamide, N,N-dimethyl-N[min]-
[3-[[(methylamino)-
carbonyl]oxy]phenyl]-
monohydrochloride
P199 2032-65-7 Methiocarb
P199 2032-65-7 Phenol, (3,5-dimethyl-4-(methylthio)-,
methylcarbamate
P201 2631-37-0 Phenol, 3-methyl-5-(1-methylethyl)-,
methyl carbamate
P201 2631-37-0 Promecarb
P202 64-00-6 m-Cumenyl methylcarbamate
P202 64-00-6 3-Isopropylphenyl N-methylcarbamate
P202 64-00-6 Phenol, 3-(1-methylethyl)-, methyl
carbamate
P203 1646-88-4 Aldicarb sulfone
P203 1646-88-4 Propanal, 2-methyl-2-(methyl-sulfonyl)-
, O-[(methylamino)carbonyl] oxime
P204 57-47-6 Physostigmine
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)-
P205 137-30-4 Zinc, bis(dimethylcarbamodithioato-
S,S[min])-,
P205 137-30-4 Ziram
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.
(f) The commercial chemical products, manufacturing chemical inter
mediates, 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
[[Page 82]]
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. Wastes are first listed in alphabetical order by substance and
then listed again in numerical order by Hazardous Waste Number.]
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-
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
[[Page 83]]
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-di chloro-2-propenyl) ester
U279 63-25-2 Carbaryl.
U372 10605-21-7 Carbendazim.
U367 1563-38-8 Carbofuran phenol.
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
[[Page 84]]
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,6b
eta)-
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
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
[[Page 85]]
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
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-
[[Page 86]]
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
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
[[Page 87]]
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)-
U182 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)
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)
[[Page 88]]
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
U226 71-55-6 1,1,1-Trichloroethane
U227 79-00-5 1,1,2-Trichloroethane
U228 79-01-6 Trichloroethylene
U121 75-69-4 Trichloromonofluoromethane
See F027 95-95-4 2,4,5-Trichlorophenol
[[Page 89]]
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
U001 75-07-0 Acetaldehyde (I)
U001 75-07-0 Ethanal (I)
U002 67-64-1 Acetone (I)
U002 67-64-1 2-Propanone (I)
U003 75-05-8 Acetonitrile (I,T)
U004 98-86-2 Acetophenone
U004 98-86-2 Ethanone, 1-phenyl-
U005 53-96-3 Acetamide, -9H-fluoren-2-yl-
U005 53-96-3 2-Acetylaminofluorene
U006 75-36-5 Acetyl chloride (C,R,T)
U007 79-06-1 Acrylamide
U007 79-06-1 2-Propenamide
U008 79-10-7 Acrylic acid (I)
U008 79-10-7 2-Propenoic acid (I)
U009 107-13-1 Acrylonitrile
U009 107-13-1 2-Propenenitrile
U010 50-07-7 Azirino[2[min],3[min]: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)]-
U010 50-07-7 Mitomycin C
U011 61-82-5 Amitrole
U011 61-82-5 1H-1,2,4-Triazol-3-amine
U012 62-53-3 Aniline (I,T)
U012 62-53-3 Benzenamine (I,T)
U014 492-80-8 Auramine
U014 492-80-8 Benzenamine, 4,4[min]-
carbonimidoylbis[N,N-dimethyl-
U015 115-02-6 Azaserine
U015 115-02-6 L-Serine, diazoacetate (ester)
U016 225-51-4 Benz[c]acridine
U017 98-87-3 Benzal chloride
U017 98-87-3 Benzene, (dichloromethyl)-
U018 56-55-3 Benz[a]anthracene
U019 71-43-2 Benzene (I,T)
U020 98-09-9 Benzenesulfonic acid chloride (C,R)
U020 98-09-9 Benzenesulfonyl chloride (C,R)
U021 92-87-5 Benzidine
U021 92-87-5 [1,1[min]-Biphenyl]-4,4[min]-diamine
U022 50-32-8 Benzo[a]pyrene
U023 98-07-7 Benzene, (trichloromethyl)-
U023 98-07-7 Benzotrichloride (C,R,T)
U024 111-91-1 Dichloromethoxy ethane
U024 111-91-1 Ethane, 1,1[min]-
[methylenebis(oxy)]bis[2-chloro-
U025 111-44-4 Dichloroethyl ether
U025 111-44-4 Ethane, 1,1[min]-oxybis[2-chloro-
U026 494-03-1 Chlornaphazin
U026 494-03-1 Naphthalenamine, N,N[min]-bis(2-
chloroethyl)-
U027 108-60-1 Dichloroisopropyl ether
U027 108-60-1 Propane, 2,2[min]-oxybis[2-chloro-
U028 117-81-7 1,2-Benzenedicarboxylic acid, bis(2-
ethylhexyl) ester
U028 117-81-7 Diethylhexyl phthalate
U029 74-83-9 Methane, bromo-
U029 74-83-9 Methyl bromide
U030 101-55-3 Benzene, 1-bromo-4-phenoxy-
U030 101-55-3 4-Bromophenyl phenyl ether
U031 71-36-3 1-Butanol (I)
U031 71-36-3 n-Butyl alcohol (I)
U032 13765-19-0 Calcium chromate
[[Page 90]]
U032 13765-19-0 Chromic acid H2 CrO4, calcium salt
U033 353-50-4 Carbonic difluoride
U033 353-50-4 Carbon oxyfluoride (R,T)
U034 75-87-6 Acetaldehyde, trichloro-
U034 75-87-6 Chloral
U035 305-03-3 Benzenebutanoic acid, 4-[bis(2-
chloroethyl)amino]-
U035 305-03-3 Chlorambucil
U036 57-74-9 Chlordane, alpha & gamma isomers
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-
U037 108-90-7 Benzene, chloro-
U037 108-90-7 Chlorobenzene
U038 510-15-6 Benzeneacetic acid, 4-chloro-alpha-(4-
chlorophenyl)-alpha-hydroxy-, ethyl
ester
U038 510-15-6 Chlorobenzilate
U039 59-50-7 p-Chloro-m-cresol
U039 59-50-7 Phenol, 4-chloro-3-methyl-
U041 106-89-8 Epichlorohydrin
U041 106-89-8 Oxirane, (chloromethyl)-
U042 110-75-8 2-Chloroethyl vinyl ether
U042 110-75-8 Ethene, (2-chloroethoxy)-
U043 75-01-4 Ethene, chloro-
U043 75-01-4 Vinyl chloride
U044 67-66-3 Chloroform
U044 67-66-3 Methane, trichloro-
U045 74-87-3 Methane, chloro- (I,T)
U045 74-87-3 Methyl chloride (I,T)
U046 107-30-2 Chloromethyl methyl ether
U046 107-30-2 Methane, chloromethoxy-
U047 91-58-7 beta-Chloronaphthalene
U047 91-58-7 Naphthalene, 2-chloro-
U048 95-57-8 o-Chlorophenol
U048 95-57-8 Phenol, 2-chloro-
U049 3165-93-3 Benzenamine, 4-chloro-2-methyl-,
hydrochloride
U049 3165-93-3 4-Chloro-o-toluidine, hydrochloride
U050 218-01-9 Chrysene
U051 ............ Creosote
U052 1319-77-3 Cresol (Cresylic acid)
U052 1319-77-3 Phenol, methyl-
U053 4170-30-3 2-Butenal
U053 4170-30-3 Crotonaldehyde
U055 98-82-8 Benzene, (1-methylethyl)-(I)
U055 98-82-8 Cumene (I)
U056 110-82-7 Benzene, hexahydro-(I)
U056 110-82-7 Cyclohexane (I)
U057 108-94-1 Cyclohexanone (I)
U058 50-18-0 Cyclophosphamide
U058 50-18-0 2H-1,3,2-Oxazaphosphorin-2-amine, N,N-
bis(2-chloroethyl)tetrahydro-, 2-
oxide
U059 20830-81-3 Daunomycin
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)-
U060 72-54-8 Benzene, 1,1[min]-(2,2-
dichloroethylidene)bis[4-chloro-
U060 72-54-8 DDD
U061 50-29-3 Benzene, 1,1[min]-(2,2,2-
trichloroethylidene)bis[4-chloro-
U061 50-29-3 DDT
U062 2303-16-4 Carbamothioic acid, bis(1-methylethyl)-
, S-(2,3-di chloro-2-propenyl) ester
U062 2303-16-4 Diallate
U063 53-70-3 Dibenz[a,h]anthracene
U064 189-55-9 Benzo[rst]pentaphene
U064 189-55-9 Dibenzo[a,i]pyrene
U066 96-12-8 1,2-Dibromo-3-chloropropane
U066 96-12-8 Propane, 1,2-dibromo-3-chloro-
U067 106-93-4 Ethane, 1,2-dibromo-
U067 106-93-4 Ethylene dibromide
U068 74-95-3 Methane, dibromo-
U068 74-95-3 Methylene bromide
U069 84-74-2 1,2-Benzenedicarboxylic acid, dibutyl
ester
U069 84-74-2 Dibutyl phthalate
U070 95-50-1 Benzene, 1,2-dichloro-
U070 95-50-1 o-Dichlorobenzene
U071 541-73-1 Benzene, 1,3-dichloro-
U071 541-73-1 m-Dichlorobenzene
U072 106-46-7 Benzene, 1,4-dichloro-
U072 106-46-7 p-Dichlorobenzene
[[Page 91]]
U073 91-94-1 [1,1[min]-Biphenyl]-4,4[min]-diamine,
3,3[min]-dichloro-
U073 91-94-1 3,3[min]-Dichlorobenzidine
U074 764-41-0 2-Butene, 1,4-dichloro-(I,T)
U074 764-41-0 1,4-Dichloro-2-butene (I,T)
U075 75-71-8 Dichlorodifluoromethane
U075 75-71-8 Methane, dichlorodifluoro-
U076 75-34-3 Ethane, 1,1-dichloro-
U076 75-34-3 Ethylidene dichloride
U077 107-06-2 Ethane, 1,2-dichloro-
U077 107-06-2 Ethylene dichloride
U078 75-35-4 1,1-Dichloroethylene
U078 75-35-4 Ethene, 1,1-dichloro-
U079 156-60-5 1,2-Dichloroethylene
U079 156-60-5 Ethene, 1,2-dichloro-, (E)-
U080 75-09-2 Methane, dichloro-
U080 75-09-2 Methylene chloride
U081 120-83-2 2,4-Dichlorophenol
U081 120-83-2 Phenol, 2,4-dichloro-
U082 87-65-0 2,6-Dichlorophenol
U082 87-65-0 Phenol, 2,6-dichloro-
U083 78-87-5 Propane, 1,2-dichloro-
U083 78-87-5 Propylene dichloride
U084 542-75-6 1,3-Dichloropropene
U084 542-75-6 1-Propene, 1,3-dichloro-
U085 1464-53-5 2,2[min]-Bioxirane
U085 1464-53-5 1,2:3,4-Diepoxybutane (I,T)
U086 1615-80-1 N,N[min]-Diethylhydrazine
U086 1615-80-1 Hydrazine, 1,2-diethyl-
U087 3288-58-2 O,O-Diethyl S-methyl dithiophosphate
U087 3288-58-2 Phosphorodithioic acid, O,O-diethyl S-
methyl ester
U088 84-66-2 1,2-Benzenedicarboxylic acid, diethyl
ester
U088 84-66-2 Diethyl phthalate
U089 56-53-1 Diethylstilbesterol
U089 56-53-1 Phenol, 4,4[min]-(1,2-diethyl-1,2-
ethenediyl)bis-, (E)-
U090 94-58-6 1,3-Benzodioxole, 5-propyl-
U090 94-58-6 Dihydrosafrole
U091 119-90-4 [1,1[min]-Biphenyl]-4,4[min]-diamine,
3,3[min]-dimethoxy-
U091 119-90-4 3,3[min]-Dimethoxybenzidine
U092 124-40-3 Dimethylamine (I)
U092 124-40-3 Methanamine, -methyl-(I)
U093 60-11-7 Benzenamine, N,N-dimethyl-4-
(phenylazo)-
U093 60-11-7 p-Dimethylaminoazobenzene
U094 57-97-6 Benz[a]anthracene, 7,12-dimethyl-
U094 57-97-6 7,12-Dimethylbenz[a]anthracene
U095 119-93-7 [1,1[min]-Biphenyl]-4,4[min]-diamine,
3,3[min]-dimethyl-
U095 119-93-7 3,3[min]-Dimethylbenzidine
U096 80-15-9 alpha,alpha-
Dimethylbenzylhydroperoxide (R)
U096 80-15-9 Hydroperoxide, 1-methyl-1-phenylethyl-
(R)
U097 79-44-7 Carbamic chloride, dimethyl-
U097 79-44-7 Dimethylcarbamoyl chloride
U098 57-14-7 1,1-Dimethylhydrazine
U098 57-14-7 Hydrazine, 1,1-dimethyl-
U099 540-73-8 1,2-Dimethylhydrazine
U099 540-73-8 Hydrazine, 1,2-dimethyl-
U101 105-67-9 2,4-Dimethylphenol
U101 105-67-9 Phenol, 2,4-dimethyl-
U102 131-11-3 1,2-Benzenedicarboxylic acid, dimethyl
ester
U102 131-11-3 Dimethyl phthalate
U103 77-78-1 Dimethyl sulfate
U103 77-78-1 Sulfuric acid, dimethyl ester
U105 121-14-2 Benzene, 1-methyl-2,4-dinitro-
U105 121-14-2 2,4-Dinitrotoluene
U106 606-20-2 Benzene, 2-methyl-1,3-dinitro-
U106 606-20-2 2,6-Dinitrotoluene
U107 117-84-0 1,2-Benzenedicarboxylic acid, dioctyl
ester
U107 117-84-0 Di-n-octyl phthalate
U108 123-91-1 1,4-Diethyleneoxide
U108 123-91-1 1,4-Dioxane
U109 122-66-7 1,2-Diphenylhydrazine
U109 122-66-7 Hydrazine, 1,2-diphenyl-
U110 142-84-7 Dipropylamine (I)
U110 142-84-7 1-Propanamine, N-propyl-(I)
[[Page 92]]
U111 621-64-7 Di-n-propylnitrosamine
U111 621-64-7 1-Propanamine, N-nitroso-N-propyl-
U112 141-78-6 Acetic acid ethyl ester (I)
U112 141-78-6 Ethyl acetate (I)
U113 140-88-5 Ethyl acrylate (I)
U113 140-88-5 2-Propenoic acid, ethyl ester (I)
U114 \1\111-54-6 Carbamodithioic acid, 1,2-
ethanediylbis-, salts & esters
U114 \1\111-54-6 Ethylenebisdithiocarbamic acid, salts
& esters
U115 75-21-8 Ethylene oxide (I,T)
U115 75-21-8 Oxirane (I,T)
U116 96-45-7 Ethylenethiourea
U116 96-45-7 2-Imidazolidinethione
U117 60-29-7 Ethane, 1,1[min]-oxybis-(I)
U117 60-29-7 Ethyl ether (I)
U118 97-63-2 Ethyl methacrylate
U118 97-63-2 2-Propenoic acid, 2-methyl-, ethyl
ester
U119 62-50-0 Ethyl methanesulfonate
U119 62-50-0 Methanesulfonic acid, ethyl ester
U120 206-44-0 Fluoranthene
U121 75-69-4 Methane, trichlorofluoro-
U121 75-69-4 Trichloromonofluoromethane
U122 50-00-0 Formaldehyde
U123 64-18-6 Formic acid (C,T)
U124 110-00-9 Furan (I)
U124 110-00-9 Furfuran (I)
U125 98-01-1 2-Furancarboxaldehyde (I)
U125 98-01-1 Furfural (I)
U126 765-34-4 Glycidylaldehyde
U126 765-34-4 Oxiranecarboxyaldehyde
U127 118-74-1 Benzene, hexachloro-
U127 118-74-1 Hexachlorobenzene
U128 87-68-3 1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
U128 87-68-3 Hexachlorobutadiene
U129 58-89-9 Cyclohexane, 1,2,3,4,5,6-hexachloro-,
(1alpha,2alpha,3beta,4alpha,5alpha,6b
eta)-
U129 58-89-9 Lindane
U130 77-47-4 1,3-Cyclopentadiene, 1,2,3,4,5,5-
hexachloro-
U130 77-47-4 Hexachlorocyclopentadiene
U131 67-72-1 Ethane, hexachloro-
U131 67-72-1 Hexachloroethane
U132 70-30-4 Hexachlorophene
U132 70-30-4 Phenol, 2,2[min]-methylenebis[3,4,6-
trichloro-
U133 302-01-2 Hydrazine (R,T)
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 H2S
U136 75-60-5 Arsinic acid, dimethyl-
U136 75-60-5 Cacodylic acid
U137 193-39-5 Indeno[1,2,3-cd]pyrene
U138 74-88-4 Methane, iodo-
U138 74-88-4 Methyl iodide
U140 78-83-1 Isobutyl alcohol (I,T)
U140 78-83-1 1-Propanol, 2-methyl- (I,T)
U141 120-58-1 1,3-Benzodioxole, 5-(1-propenyl)-
U141 120-58-1 Isosafrole
U142 143-50-0 Kepone
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-
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]]-
U143 303-34-4 Lasiocarpine
U144 301-04-2 Acetic acid, lead(2+) salt
U144 301-04-2 Lead acetate
U145 7446-27-7 Lead phosphate
U145 7446-27-7 Phosphoric acid, lead(2+) salt (2:3)
U146 1335-32-6 Lead, bis(acetato-O)tetrahydroxytri-
U146 1335-32-6 Lead subacetate
U147 108-31-6 2,5-Furandione
U147 108-31-6 Maleic anhydride
U148 123-33-1 Maleic hydrazide
U148 123-33-1 3,6-Pyridazinedione, 1,2-dihydro-
U149 109-77-3 Malononitrile
U149 109-77-3 Propanedinitrile
[[Page 93]]
U150 148-82-3 Melphalan
U150 148-82-3 L-Phenylalanine, 4-[bis(2-
chloroethyl)amino]-
U151 7439-97-6 Mercury
U152 126-98-7 Methacrylonitrile (I,T)
U152 126-98-7 2-Propenenitrile, 2-methyl- (I,T)
U153 74-93-1 Methanethiol (I,T)
U153 74-93-1 Thiomethanol (I,T)
U154 67-56-1 Methanol (I)
U154 67-56-1 Methyl alcohol (I)
U155 91-80-5 1,2-Ethanediamine, N,N-dimethyl-N[min]-
2-pyridinyl-N[min]-(2-thienylmethyl)-
U155 91-80-5 Methapyrilene
U156 79-22-1 Carbonochloridic acid, methyl ester
(I,T)
U156 79-22-1 Methyl chlorocarbonate (I,T)
U157 56-49-5 Benz[j]aceanthrylene, 1,2-dihydro-3-
methyl-
U157 56-49-5 3-Methylcholanthrene
U158 101-14-4 Benzenamine, 4,4[min]-methylenebis[2-
chloro-
U158 101-14-4 4,4[min]-Methylenebis(2-chloroaniline)
U159 78-93-3 2-Butanone (I,T)
U159 78-93-3 Methyl ethyl ketone (MEK) (I,T)
U160 1338-23-4 2-Butanone, peroxide (R,T)
U160 1338-23-4 Methyl ethyl ketone peroxide (R,T)
U161 108-10-1 Methyl isobutyl ketone (I)
U161 108-10-1 4-Methyl-2-pentanone (I)
U161 108-10-1 Pentanol, 4-methyl-
U162 80-62-6 Methyl methacrylate (I,T)
U162 80-62-6 2-Propenoic acid, 2-methyl-, methyl
ester (I,T)
U163 70-25-7 Guanidine, -methyl-N'-nitro-N-nitroso-
U163 70-25-7 MNNG
U164 56-04-2 Methylthiouracil
U164 56-04-2 4(1H)-Pyrimidinone, 2,3-dihydro-6-
methyl-2-thioxo-
U165 91-20-3 Naphthalene
U166 130-15-4 1,4-Naphthalenedione
U166 130-15-4 1,4-Naphthoquinone
U167 134-32-7 1-Naphthalenamine
U167 134-32-7 alpha-Naphthylamine
U168 91-59-8 2-Naphthalenamine
U168 91-59-8 beta-Naphthylamine
U169 98-95-3 Benzene, nitro-
U169 98-95-3 Nitrobenzene (I,T)
U170 100-02-7 p-Nitrophenol
U170 100-02-7 Phenol, 4-nitro-
U171 79-46-9 2-Nitropropane (I,T)
U171 79-46-9 Propane, 2-nitro- (I,T)
U172 924-16-3 1-Butanamine, N-butyl-N-nitroso-
U172 924-16-3 N-Nitrosodi-n-butylamine
U173 1116-54-7 Ethanol, 2,2[min]-(nitrosoimino)bis-
U173 1116-54-7 N-Nitrosodiethanolamine
U174 55-18-5 Ethanamine, -ethyl-N-nitroso-
U174 55-18-5 N-Nitrosodiethylamine
U176 759-73-9 N-Nitroso-N-ethylurea
U176 759-73-9 Urea, N-ethyl-N-nitroso-
U177 684-93-5 N-Nitroso-N-methylurea
U177 684-93-5 Urea, N-methyl-N-nitroso-
U178 615-53-2 Carbamic acid, methylnitroso-, ethyl
ester
U178 615-53-2 N-Nitroso-N-methylurethane
U179 100-75-4 N-Nitrosopiperidine
U179 100-75-4 Piperidine, 1-nitroso-
U180 930-55-2 N-Nitrosopyrrolidine
U180 930-55-2 Pyrrolidine, 1-nitroso-
U181 99-55-8 Benzenamine, 2-methyl-5-nitro-
U181 99-55-8 5-Nitro-o-toluidine
U182 123-63-7 1,3,5-Trioxane, 2,4,6-trimethyl-
U182 123-63-7 Paraldehyde
U183 608-93-5 Benzene, pentachloro-
U183 608-93-5 Pentachlorobenzene
U184 76-01-7 Ethane, pentachloro-
U184 76-01-7 Pentachloroethane
U185 82-68-8 Benzene, pentachloronitro-
U185 82-68-8 Pentachloronitrobenzene (PCNB)
U186 504-60-9 1-Methylbutadiene (I)
U186 504-60-9 1,3-Pentadiene (I)
U187 62-44-2 Acetamide, -(4-ethoxyphenyl)-
[[Page 94]]
U187 62-44-2 Phenacetin
U188 108-95-2 Phenol
U189 1314-80-3 Phosphorus sulfide (R)
U189 1314-80-3 Sulfur phosphide (R)
U190 85-44-9 1,3-Isobenzofurandione
U190 85-44-9 Phthalic anhydride
U191 109-06-8 2-Picoline
U191 109-06-8 Pyridine, 2-methyl-
U192 23950-58-5 Benzamide, 3,5-dichloro-N-(1,1-
dimethyl-2-propynyl)-
U192 23950-58-5 Pronamide
U193 1120-71-4 1,2-Oxathiolane, 2,2-dioxide
U193 1120-71-4 1,3-Propane sultone
U194 107-10-8 1-Propanamine (I,T)
U194 107-10-8 n-Propylamine (I,T)
U196 110-86-1 Pyridine
U197 106-51-4 p-Benzoquinone
U197 106-51-4 2,5-Cyclohexadiene-1,4-dione
U200 50-55-5 Reserpine
U200 50-55-5 Yohimban-16-carboxylic acid, 11,17-
dimethoxy-18-[(3,4,5-
trimethoxybenzoyl)oxy]-, methyl
ester,(3beta,16beta,17alpha,18beta,20
alpha)-
U201 108-46-3 1,3-Benzenediol
U201 108-46-3 Resorcinol
U202 181-07-2 1,2-Benzisothiazol-3(2H)-one, 1,1-
dioxide, & salts
U202 181-07-2 Saccharin, & salts
U203 94-59-7 1,3-Benzodioxole, 5-(2-propenyl)-
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)
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]-
U206 18883-66-4 Streptozotocin
U207 95-94-3 Benzene, 1,2,4,5-tetrachloro-
U207 95-94-3 1,2,4,5-Tetrachlorobenzene
U208 630-20-6 Ethane, 1,1,1,2-tetrachloro-
U208 630-20-6 1,1,1,2-Tetrachloroethane
U209 79-34-5 Ethane, 1,1,2,2-tetrachloro-
U209 79-34-5 1,1,2,2-Tetrachloroethane
U210 127-18-4 Ethene, tetrachloro-
U210 127-18-4 Tetrachloroethylene
U211 56-23-5 Carbon tetrachloride
U211 56-23-5 Methane, tetrachloro-
U213 109-99-9 Furan, tetrahydro-(I)
U213 109-99-9 Tetrahydrofuran (I)
U214 563-68-8 Acetic acid, thallium(1+) salt
U214 563-68-8 Thallium(I) acetate
U215 6533-73-9 Carbonic acid, dithallium(1+) salt
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 Nitric acid, thallium(1+) salt
U217 10102-45-1 Thallium(I) nitrate
U218 62-55-5 Ethanethioamide
U218 62-55-5 Thioacetamide
U219 62-56-6 Thiourea
U220 108-88-3 Benzene, methyl-
U220 108-88-3 Toluene
U221 25376-45-8 Benzenediamine, ar-methyl-
U221 25376-45-8 Toluenediamine
U222 636-21-5 Benzenamine, 2-methyl-, hydrochloride
U222 636-21-5 o-Toluidine hydrochloride
U223 26471-62-5 Benzene, 1,3-diisocyanatomethyl- (R,T)
U223 26471-62-5 Toluene diisocyanate (R,T)
U225 75-25-2 Bromoform
U225 75-25-2 Methane, tribromo-
U226 71-55-6 Ethane, 1,1,1-trichloro-
U226 71-55-6 Methyl chloroform
U226 71-55-6 1,1,1-Trichloroethane
U227 79-00-5 Ethane, 1,1,2-trichloro-
U227 79-00-5 1,1,2-Trichloroethane
U228 79-01-6 Ethene, trichloro-
[[Page 95]]
U228 79-01-6 Trichloroethylene
U234 99-35-4 Benzene, 1,3,5-trinitro-
U234 99-35-4 1,3,5-Trinitrobenzene (R,T)
U235 126-72-7 1-Propanol, 2,3-dibromo-, phosphate
(3:1)
U235 126-72-7 Tris(2,3-dibromopropyl) phosphate
U236 72-57-1 2,7-Naphthalenedisulfonic acid,
3,3[min]-[(3,3[min]-dimethyl[1,1[min]-
biphenyl]-4,4[min]-diyl)bis(azo)bis[5-
amino-4-hydroxy]-, tetrasodium salt
U236 72-57-1 Trypan blue
U237 66-75-1 2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-
chloroethyl)amino]-
U237 66-75-1 Uracil mustard
U238 51-79-6 Carbamic acid, ethyl ester
U238 51-79-6 Ethyl carbamate (urethane)
U239 1330-20-7 Benzene, dimethyl- (I,T)
U239 1330-20-7 Xylene (I)
U240 \1\ 94-75-7 Acetic acid, (2,4-dichlorophenoxy)-,
salts & esters
U240 \1\ 94-75-7 2,4-D, salts & esters
U243 1888-71-7 Hexachloropropene
U243 1888-71-7 1-Propene, 1,1,2,3,3,3-hexachloro-
U244 137-26-8 Thioperoxydicarbonic diamide
[(H2N)C(S)]2 S2, tetramethyl-
U244 137-26-8 Thiram
U246 506-68-3 Cyanogen bromide (CN)Br
U247 72-43-5 Benzene, 1,1[min]-(2,2,2-
trichloroethylidene)bis[4- methoxy-
U247 72-43-5 Methoxychlor
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
U248 \1\ 81-81-2 Warfarin, & salts, when present at
concentrations of 0.3% or less
U249 1314-84-7 Zinc phosphide Zn3 P2, when present at
concentrations of 10% or less
U271 17804-35-2 Benomyl
U271 17804-35-2 Carbamic acid, [1-
[(butylamino)carbonyl]-1H-
benzimidazol-2-yl]-, methyl ester
U278 22781-23-3 Bendiocarb
U278 22781-23-3 1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
methyl carbamate
U279 63-25-2 Carbaryl
U279 63-25-2 1-Naphthalenol, methylcarbamate
U280 101-27-9 Barban
U280 101-27-9 Carbamic acid, (3-chlorophenyl)-, 4-
chloro-2-butynyl ester
U328 95-53-4 Benzenamine, 2-methyl-
U328 95-53-4 o-Toluidine
U353 106-49-0 Benzenamine, 4-methyl-
U353 106-49-0 p-Toluidine
U359 110-80-5 Ethanol, 2-ethoxy-
U359 110-80-5 Ethylene glycol monoethyl ether
U364 22961-82-6 Bendiocarb phenol
U364 22961-82-6 1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
U367 1563-38-8 7-Benzofuranol, 2,3-dihydro-2,2-
dimethyl-
U367 1563-38-8 Carbofuran phenol
U372 10605-21-7 Carbamic acid, 1H-benzimidazol-2-yl,
methyl ester
U372 10605-21-7 Carbendazim
U373 122-42-9 Carbamic acid, phenyl-, 1-methylethyl
ester
U373 122-42-9 Propham
U387 52888-80-9 Carbamothioic acid, dipropyl-, S-
(phenylmethyl) ester
U387 52888-80-9 Prosulfocarb
U389 2303-17-5 Carbamothioic acid, bis(1-methylethyl)-
, S-(2,3,3-trichloro-2-propenyl)
ester
U389 2303-17-5 Triallate
U394 30558-43-1 A2213
U394 30558-43-1 Ethanimidothioic acid, 2-
(dimethylamino)-N-hydroxy-2-oxo-,
methyl ester
U395 5952-26-1 Diethylene glycol, dicarbamate
U395 5952-26-1 Ethanol, 2,2[min]-oxybis-, dicarbamate
U404 121-44-8 Ethanamine, N,N-diethyl-
U404 121-44-8 Triethylamine
U409 23564-05-8 Carbamic acid, [1,2-phenylenebis
(iminocarbonothioyl)]bis-, dimethyl
ester
U409 23564-05-8 Thiophanate-methyl
U410 59669-26-0 Ethanimidothioic acid, N,N[min]-
[thiobis[(methylimino)carbonyloxy]]bi
s-, dimethyl ester
U410 59669-26-0 Thiodicarb
U411 114-26-1 Phenol, 2-(1-methylethoxy)-,
methylcarbamate
U411 114-26-1 Propoxur
See F027 93-76-5 Acetic acid, (2,4,5-trichlorophenoxy)-
See F027 87-86-5 Pentachlorophenol
See F027 87-86-5 Phenol, pentachloro-
[[Page 96]]
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-
See F027 93-72-1 Propanoic acid, 2-(2,4,5-
trichlorophenoxy)-
See F027 93-72-1 Silvex (2,4,5-TP)
See F027 93-76-5 2,4,5-T
See F027 58-90-2 2,3,4,6-Tetrachlorophenol
See F027 95-95-4 2,4,5-Trichlorophenol
See F027 88-06-2 2,4,6-Trichlorophenol
------------------------------------------------------------------------
\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, which appears in the
Finding Aids section of the printed volume and on GPO Access.
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 by using an appropriate method.
(B) ``Not detected'' means at or below the following lower method
calibration
[[Page 97]]
limits (MCLs): The 2,3,7,8-TCDD-based MCL--0.01 parts per trillion
(ppt), sample weight of 1000 g, IS spiking level of 1 ppt, final
extraction volume of 10-50 [mu]L. For other congeners--multiply the
values by 1 for TCDF/PeCDD/PeCDF, by 2.5 for HxCDD/HxCDF/HpCDD/HpCDF,
and by 5 for OCDD/OCDF.
(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; 70
FR 34561, June 14, 2005]
Subpart E_Exclusions/Exemptions
Source: 71 FR 42948, July 28, 2006, unless otherwise noted.
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.
[[Page 98]]
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 .........
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
[[Page 99]]
Thiophenol [Benzenethiol]...................... 108-98-5 ND ........ ND 30
O,O,O-Triethyl phosphorothioate................ 126-68-1 ND ........ ND 2400
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
[alpha],[alpha]-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, [[alpha]-Naphthylamine]....... 134-32-7 ND ........ ND 2400
2-Naphthylamine, [[beta]-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 Organics:
Allyl chloride................................. 107-05-1 ND ........ ND 39
[[Page 100]]
Aramite........................................ 140-57-8 ND ........ ND 2400
Benzal chloride [Dichloromethyl benzene]....... 98-87-3 ND ........ ND 100
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
[[Page 101]]
1,1,2,2-Tetrachloroethane...................... 79-34-5 ND ........ ND 39
Tetrachloroethylene [Perchloroethylene]........ 127-18-4 ND ........ ND 39
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 261.38(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.
[[Page 102]]
(ii) Public notice. Prior to burning an excluded comparable/syngas
fuel, the burner must publish in a major 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.
(iv) Gas turbines used to produce electric power, steam, heated or
cooled air, or other gases or fluids for sale.
(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
[[Page 103]]
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 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 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 104]]
(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 105]]
(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; 65 FR 42302, July 10, 2000; 70 FR 34562,
June 14, 2005; 71 FR 40270, July 14, 2006; Redesignated at 71 FR 42949,
July 28, 2006]
Sec. 261.39 Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs)
and Processed CRT Glass Undergoing Recycling.
Used, broken CRTs are not solid wastes if they meet the following
conditions:
(a) Prior to processing: These materials are not solid wastes if
they are destined for recycling and if they meet the following
requirements:
(1) Storage. The broken CRTs must be either:
[[Page 106]]
(i) Stored in a building with a roof, floor, and walls, or
(ii) Placed in a container (i.e., a package or a vehicle) that is
constructed, filled, and closed to minimize releases to the environment
of CRT glass (including fine solid materials).
(2) Labeling. Each container in which the used, broken CRT is
contained must be labeled or marked clearly with one of the following
phrases: ``Used cathode ray tube(s)-contains leaded glass '' or ``Leaded
glass from televisions or computers.'' It must also be labeled: ``Do not
mix with other glass materials.''
(3) Transportation. The used, broken CRTs must be transported in a
container meeting the requirements of paragraphs (a)(1)(ii) and (2) of
this section.
(4) Speculative accumulation and use constituting disposal. The
used, broken CRTs are subject to the limitations on speculative
accumulation as defined in paragraph (c)(8) of this section. If they are
used in a manner constituting disposal, they must comply with the
applicable requirements of part 266, subpart C instead of the
requirements of this section.
(5) Exports. In addition to the applicable conditions specified in
paragraphs (a)(1)-(4) of this section, exporters of used, broken CRTs
must comply with the following requirements:
(i) Notify EPA of an intended export before the CRTs are scheduled
to leave the United States. A complete notification should be submitted
sixty (60) days before the initial shipment is intended to be shipped
off-site. This notification may cover export activities extending over a
twelve (12) month or lesser period. The notification must be in writing,
signed by the exporter, and include the following information:
(A) Name, mailing address, telephone number and EPA ID number (if
applicable) of the exporter of the CRTs.
(B) The estimated frequency or rate at which the CRTs are to be
exported and the period of time over which they are to be exported.
(C) The estimated total quantity of CRTs specified in kilograms.
(D) All points of entry to and departure from each foreign country
through which the CRTs will pass.
(E) A description of the means by which each shipment of the CRTs
will be transported (e.g., mode of transportation vehicle (air, highway,
rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.)).
(F) The name and address of the recycler and any alternate recycler.
(G) A description of the manner in which the CRTs will be recycled
in the foreign country that will be receiving the CRTs.
(H) The name of any transit country through which the CRTs will be
sent and a description of the approximate length of time the CRTs will
remain in such country and the nature of their handling while there.
(ii) Notifications submitted by mail should be sent to the following
mailing address: Office of Enforcement and Compliance Assurance, Office
of Federal Activities, International Compliance Assurance Division,
(Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460. Hand-delivered notifications should be
sent to: Office of Enforcement and Compliance Assurance, Office of
Federal Activities, International Compliance Assurance Division, (Mail
Code 2254A), Environmental Protection Agency, Ariel Rios Bldg., Room
6144, 1200 Pennsylvania Ave., NW., Washington, DC. In both cases, the
following shall be prominently displayed on the front of the envelope:
``Attention: Notification of Intent to Export CRTs.''
(iii) Upon request by EPA, the exporter shall furnish to EPA any
additional information which a receiving country requests in order to
respond to a notification.
(iv) EPA will provide a complete notification to the receiving
country and any transit countries. A notification is complete when EPA
receives a notification which EPA determines satisfies the requirements
of paragraph (a)(5)(i) of this section. Where a claim of confidentiality
is asserted with respect to any notification information required by
paragraph (a)(5)(i) of this section, EPA may find the notification not
complete until any such claim is resolved in accordance with 40 CFR
260.2.
(v) The export of CRTs is prohibited unless the receiving country
consents
[[Page 107]]
to the intended export. When the receiving country consents in writing
to the receipt of the CRTs, EPA will forward an Acknowledgment of
Consent to Export CRTs to the exporter. Where the receiving country
objects to receipt of the CRTs or withdraws a prior consent, EPA will
notify the exporter in writing. EPA will also notify the exporter of any
responses from transit countries.
(vi) When the conditions specified on the original notification
change, the exporter must provide EPA with a written renotification of
the change, except for changes to the telephone number in paragraph
(a)(5)(i)(A) of this section and decreases in the quantity indicated
pursuant to paragraph (a)(5)(i)(C) of this section. The shipment cannot
take place until consent of the receiving country to the changes has
been obtained (except for changes to information about points of entry
and departure and transit countries pursuant to paragraphs (a)(5)(i)(D)
and (a)(5)(i)(H) of this section) and the exporter of CRTs receives from
EPA a copy of the Acknowledgment of Consent to Export CRTs reflecting
the receiving country's consent to the changes.
(vii) A copy of the Acknowledgment of Consent to Export CRTs must
accompany the shipment of CRTs. The shipment must conform to the terms
of the Acknowledgment.
(viii) If a shipment of CRTs cannot be delivered for any reason to
the recycler or the alternate recycler, the exporter of CRTs must
renotify EPA of a change in the conditions of the original notification
to allow shipment to a new recycler in accordance with paragraph
(a)(5)(vi) of this section and obtain another Acknowledgment of Consent
to Export CRTs.
(ix) Exporters must keep copies of notifications and Acknowledgments
of Consent to Export CRTs for a period of three years following receipt
of the Acknowledgment.
(b) Requirements for used CRT processing: Used, broken CRTs
undergoing CRT processing as defined in Sec. 260.10 of this chapter are
not solid wastes if they meet the following requirements:
(1) Storage. Used, broken CRTs undergoing processing are subject to
the requirement of paragraph (a)(4) of this section.
(2) Processing.
(i) All activities specified in paragraphs (2) and (3) of the
definition of ``CRT processing'' in Sec. 260.10 of this chapter must be
performed within a building with a roof, floor, and walls; and
(ii) No activities may be performed that use temperatures high
enough to volatilize lead from CRTs.
(c) Processed CRT glass sent to CRT glass making or lead smelting:
Glass from used CRTs that is destined for recycling at a CRT glass
manufacturer or a lead smelter after processing is not a solid waste
unless it is speculatively accumulated as defined in Sec. 261.1(c)(8).
(d) Use constituting disposal: Glass from used CRTs that is used in
a manner constituting disposal must comply with the requirements of 40
CFR part 266, subpart C instead of the requirements of this section.
Sec. 261.40 Conditional Exclusion for Used, Intact Cathode Ray Tubes (CRTs)
Exported for Recycling.
Used, intact CRTs exported for recycling are not solid wastes if
they meet the notice and consent conditions of Sec. 261.39(a)(5), and
if they are not speculatively accumulated as defined in Sec.
261.1(c)(8).
Sec. 261.41 Notification and Recordkeeping for Used, Intact Cathode Ray
Tubes (CRTs) Exported for Reuse.
(a) Persons who export used, intact CRTs for reuse must send a one-
time notification to the Regional Administrator. The notification must
include a statement that the notifier plans to export used, intact CRTs
for reuse, the notifier's name, address, and EPA ID number (if
applicable) and the name and phone number of a contact person.
(b) Persons who export used, intact CRTs for reuse must keep copies
of normal business records, such as contracts, demonstrating that each
shipment of exported CRTs will be reused. This documentation must be
retained for a period of at least three years from the date the CRTs
were exported.
[[Page 108]]
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 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 waste--``COLIWASA.''
Liquid waste in pits, ponds, lagoons, and similar reservoirs--``Pond
Sampler.''
This manual also contains additional information on application of
these protocols.
[45 FR 33119, May 19, 1980, as amended at 70 FR 34562, June 14, 2005]
Appendix II to Part 261 [Reserved]
Appendix III to Part 261 [Reserved]
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-trifluoroethane,
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
tetra chlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
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-Tri
chlorobenzene; 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.
[[Page 109]]
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,
Table CCW.
K001............................ Pentachlorophenol, phenol, 2-
chlorophenol, p-chloro-m-cresol, 2,4-
dimethylphenyl, 2,4-dinitrophenol,
trichlorophenols, tetrachlorophenols,
2,4-dinitrophenol, creosote,
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.
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,
hexachloroethane, 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.
[[Page 110]]
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.
K174............................ 1,2,3,4,6,7,8-Heptachlorodibenzo-p-
dioxin (1,2,3,4,6,7,8-HpCDD),
1,2,3,4,6,7,8-Heptachlorodibenzofuran
(1,2,3,4,6,7,8-HpCDF), 1,2,3,4,7,8,9-
Heptachlorodibenzofuran
(1,2,3,6,7,8,9-HpCDF), HxCDDs (All
Hexachlorodibenzo-p-dioxins), HxCDFs
(All Hexachlorodibenzofurans), PeCDDs
(All Pentachlorodibenzo-p-dioxins),
OCDD (1,2,3,4,6,7,8,9-
Octachlorodibenzo-p-dioxin, OCDF
(1,2,3,4,6,7,8,9-
Octachlorodibenzofuran), PeCDFs (All
Pentachlorodibenzofurans), TCDDs (All
tetrachlorodi-benzo-p-dioxins), TCDFs
(All tetrachlorodibenzofurans).
K175............................ Mercury
K176............................ Arsenic, Lead.
K177............................ Antimony.
K178............................ Thallium.
K181............................ Aniline, o-anisidine, 4-chloroaniline,
p-cresidine, 2,4-dimethylaniline, 1,2-
phenylenediamine, 1,3-
phenylenediamine.
------------------------------------------------------------------------
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 the List of CFR Sections Affected, which appears in
the Finding Aids section of the printed volume and on GPO Access.
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
[[Page 111]]
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................ 107-05-1 ...........
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
o-Anisidine (2-methoxyaniline)............. Benzenamine, 2-Methoxy-............ 90-04-0 ...........
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 '-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
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.
[[Page 112]]
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
p-Cresidine................................ 2-Methoxy-5-methylbenzenamine...... 120-71-8 ...........
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
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-
.
[[Page 113]]
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-dichloro-, (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.
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)-.
2,4-Dimethylaniline (2,4-xylidine)......... Benzenamine, 2,4-dimethyl-......... 95-68-1 ...........
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.
[[Page 114]]
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
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................... ................................... ................. ...........
[[Page 115]]
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-hexa hydro-,
(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- 303-34-4 U143
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.
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
[[Page 116]]
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\................... ................................... 35576-91-1 ...........
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.
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
Octachlorodibenzo-p-dioxin (OCDD).......... 1,2,3,4,6,7,8,9-Octachlorodibenzo-p- 3268-87-9 ...........
dioxin.
Octachlorodibenzofuran (OCDF).............. 1,2,3,4,6,7,8,9- 39001-02-0 ...........
Octachlorodibenofuran.
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.
[[Page 117]]
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
1,2-Phenylenediamine....................... 1,2-Benzenediamine................. 95-54-5 ...........
1,3-Phenylenediamine....................... 1,3-Benzenediamine................. 108-45-2 ...........
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)-.
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
[[Page 118]]
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 ...........
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.
[[Page 119]]
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; 65 FR 14475, Mar. 17, 2000; 65 FR 67127,
Nov. 8, 2000; 70 FR 9177, Feb. 24, 2005; 71 FR 40271, July 14, 2006]
[[Page 120]]
Appendix IX to Part 261--Wastes Excluded Under Sec. Sec. 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 Metals Westlake, Ohio... Wastewater treatment plant (WWTP)
Corporation. sludges from the chemical
conversion coating (phosphating)
of aluminum (EPA Hazardous Waste
No. F019) and other solid wastes
previously disposed in an on-site
landfill. This is a one-time
exclusion for 12,400 cubic yards
of landfilled WWTP sludge. This
exclusion is effective on January
15, 2002.
1. Delisting Levels:
(A) The constituent concentrations
measured in the TCLP extract may
not exceed the following levels
(mg/L): antimony--1.52; arsenic--
0.691; barium--100; beryllium--
3.07; cadmium--1; chromium--5;
cobalt--166; copper--67,300;
lead--5; mercury--0.2; nickel--
209; selenium--1; silver--5;
thallium--0.65; tin--1,660;
vanadium--156; and zinc--2,070.
(B) The total constituent
concentrations in any sample may
not exceed the following levels
(mg/kg): arsenic--9,280; mercury--
94; and polychlorinated
biphenyls--0.265.
(C) Concentrations of dioxin and
furan congeners cannot exceed
values which would result in a
cancer risk greater than or equal
to 10-6 as predicted by the
model.
2. Verification Sampling--USG
shall collect six additional
vertically composited samples of
sludge from locations that
compliment historical data and
shall analyze the samples by TCLP
for metals including antimony,
arsenic, barium, beryllium,
cadmium, chromium, lead, mercury,
nickel, selenium, silver,
thallium, tin, vanadium, and
zinc. If the samples exceed the
levels in Condition (1)(a), USG
must notify EPA. The
corresponding sludge and all
sludge yet to be disposed remains
hazardous until USG has
demonstrated by additional
sampling that all constituents of
concern are below the levels set
forth in condition 1.
[[Page 121]]
3. Reopener Language--(a) If,
anytime after disposal of the
delisted waste, USG possesses or
is otherwise made aware of any
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
higher than the delisting level
established in Condition (1), or
is at a level in the groundwater
exceeding maximum allowable point
of exposure concentration
referenced by the model, then USG
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 USG 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 USG with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. USG shall
have 10 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 10 days USG 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.
4. Notifications--USG must provide
a one-time written notification
to any State Regulatory Agency to
which or through which the 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.
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.
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.
[[Page 122]]
(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.
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
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
(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
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. 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:
[[Page 123]]
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, Tetrachlorethylene--59 ppm,
2,4,5-TP (silvex)--110 ppm, 2,4,6-
Trichlorophenol--3.9 ppm.
(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. 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 appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring
the use of SW-846 methods
incorporated by reference in
40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010,
0011, 0020, 0023A, 0030, 0031,
0040, 0050, 0051, 0060, 0061,
1010A, 1020B, 1110A, 1310B,
1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and
9095B.
[[Page 124]]
(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.
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.
[[Page 125]]
(C) Chlorinated dioxins and
furans: 2,3,7,8-
Tetrachlorodibenzo-p-dioxin
equivalents, 4 x 10-7 ppm.
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 a
measurement system that
achieves 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 PSPD/OSW
(5303W), U.S. EPA, 1200
Pennsylvania Ave., NW.,
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:
``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.''
AutoAlliance Flat Rock, Wastewater treatment sludges,
International Michigan. F019, that are generated by
Inc.. AutoAlliance International, Inc.
(AAI) at Flat Rock, Michigan at a
maximum annual rate of 2,000
cubic yards per year. The sludges
must be disposed of in a lined
landfill with leachate collection
which is licensed, permitted, or
otherwise authorized to accept
the delisted wastewater treatment
sludges in accordance with 40 CFR
part 258. The exclusion becomes
effective as of April 6, 2007.
(1) Delisting Levels: (A) The
concentrations in a leachate
extract of the waste measured in
any sample must not exceed the
following levels (mg/L): arsenic--
0.3; cadmium--0.5; chromium--
4.95; lead--5; nickel--90.5;
selenium--1; tin--721; zinc--898;
p-cresol--11.4; and formaldehyde--
84.2.
................. (B) The total concentration
measured in any sample must not
exceed the following levels (mg/
kg): mercury--8.92; and
formaldehyde--689.
(2) Quarterly Verification
Testing: To verify that the waste
does not exceed the specified
delisting levels, AAI must
collect and analyze one
representative sample of the
waste on a quarterly basis.
Sample collection and analyses,
including quality control
procedures, must be performed
using appropriate methods. SW-846
Method 1311 must be used for
generation of the leachate
extract used in the testing of
the delisting levels if oil and
grease comprise less than 1% of
the waste. SW-846 Method 1330A
must be used for generation of
the leaching extract if oil and
grease comprise 1% or more of the
waste. SW-846 Method 9071B must
be used for determination of oil
and grease. SW-846 Methods 1311,
1330A, and 9071B are incorporated
by reference in 40 CFR 260.11.
(3) Changes in Operating
Conditions: AAI must notify the
EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process change significantly. AAI
must handle wastes generated
after the process change as
hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in Appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
(4) Data Submittals: AAI must
submit the data obtained through
verification testing or as
required by other conditions of
this rule to both U.S. EPA Region
5, 77 W. Jackson Blvd., Chicago,
IL 60604 and MDEQ, Waste and
Hazardous Materials Division,
Hazardous Waste Section, at P.O.
Box 30241, Lansing, Michigan
48909. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. AAI must compile,
summarize and maintain on site
for a minimum of five years
records of operating conditions
and analytical data. AAI must
make these records available for
inspection. A signed copy of the
certification statement in 40 CFR
260.22(i)(12) must accompany all
data.
[[Page 126]]
(5) Reopener Language: (A) If,
anytime after disposal of the
delisted waste AAI possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any constituent is at a level in
the leachate higher than the
specified delisting level, or is
in the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (e),
then AAI 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 inform AAI 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 AAI with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. AAI shall
have 30 days from the date of the
Regional Administrator's notice
to present the information.
(D) If after 30 days AAI 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.
(E) Maximum Allowable Groundwater
Concentrations ([micro]g/L):
arsenic--5; cadmium--5; chromium--
100; lead--15; nickel--750;
selenium--50; tin--22,500; zinc--
11,300; p-cresol--188; and
formaldehyde--1,380.
BBC Brown Boveri, Sanford, FL...... Dewatered Wastewater treatment
Inc.. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations after
October 17, 1986.
Bekaert Corp..... Dyersburg, TN.... Dewatered wastewater treatment
plant (WWTP) sludge (EPA
Hazardous Waste Nos. F006)
generated at a maximum rate of
1250 cubic yards per calendar
year after May 27, 2004, and
disposed in a Subtitle D
landfill.
For the exclusion to be valid,
Bekaert must implement a
verification testing program that
meets the following paragraphs:
(1) Delisting Levels: All
leachable concentrations for
those constituents must not
exceed the maximum allowable
concentrations in mg/l specified
in this paragraph. Bekaert must
use the leaching method specified
at 40 CFR 261.24 to measure
constituents in the waste
leachate.
(A) Inorganic Constituents TCLP
(mg/l): Cadmium--0.672; Chromium--
5.0; Nickel--127; Zinc--1260.0.
(B) Organic Constituents TCLP (mg/
l): Methyl ethyl ketone--200.0.
(2) Waste Holding and Handling:
(A) Bekaert must accumulate the
hazardous waste dewatered WWTP
sludge in accordance with the
applicable regulations of 40 CFR
262.34 and continue to dispose of
the dewatered WWTP sludge as
hazardous waste.
(B) Once the first quarterly
sampling and analyses event
described in paragraph (3) is
completed and valid analyses
demonstrate that no constituent
is present in the sample at a
level which exceeds the delisting
levels set in paragraph (1),
Bekaert can manage and dispose of
the dewatered WWTP sludge as
nonhazardous according to all
applicable solid waste
regulations.
(C) If constituent levels in any
sample taken by Bekaert exceed
any of the delisting levels set
in paragraph (1), Bekaert must do
the following: (i) notify EPA in
accordance with paragraph (7) and
(ii) manage and dispose the
dewatered WWTP sludge as
hazardous waste generated under
Subtitle C of RCRA.
(D) Quarterly Verification Testing
Requirements: Upon this exclusion
becoming final, Bekaert may begin
the quarterly testing
requirements of paragraph (3) on
its dewatered WWTP sludge.
(3) Quarterly Testing
Requirements: Upon this exclusion
becoming final, Bekaert may
perform quarterly analytical
testing by sampling and analyzing
the dewatered WWTP sludge as
follows:
(A)(i) Collect four representative
composite samples of the
hazardous waste dewatered WWTP
sludge at quarterly (ninety (90)
day) intervals after EPA grants
the final exclusion. The first
composite sample may be taken at
any time after EPA grants the
final approval.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any roll-offs from which the
composite sample is taken
exceeding the delisting levels
listed in paragraph (1) must be
disposed as hazardous waste in a
Subtitle C landfill.
(iii) Within forty-five (45) days
after taking its first quarterly
sample, Bekaert will report its
first quarterly analytical test
data to EPA. If levels of
constituents measured in the
sample of the dewatered WWTP
sludge do not exceed the levels
set forth in paragraph (1) of
this exclusion, Bekaert can
manage and dispose the
nonhazardous dewatered WWTP
sludge according to all
applicable solid waste
regulations.
(4) Annual Testing:
[[Page 127]]
(A) If Bekaert completes the
quarterly testing specified in
paragraph (3) above and no sample
contains a constituent with a
level which exceeds the limits
set forth in paragraph (1),
Bekaert may begin annual testing
as follows: Bekaert must test one
representative composite sample
of the dewatered WWTP sludge for
all constituents listed in
paragraph (1) at least once per
calendar year.
(B) The sample for the annual
testing shall be a representative
composite sample for all
constituents listed in paragraph
(1).
(C) The sample for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(5) Changes in Operating
Conditions: If Bekaert
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), it must
notify the EPA in writing; it 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 it has received
written approval to do so from
the EPA.
(6) Data Submittals: Bekaert must
submit the information described
below. If Bekaert fails to submit
the required data within the
specified time or maintain the
required records on-site for the
specified time, the EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (7). Bekaert must:
(A) Submit the data obtained
through paragraph (3) to the
Chief, North Section, RCRA
Enforcement and Compliance
Branch, Waste Division, U. S.
Environmental Protection Agency
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia, 30303, within
the time specified.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either the EPA or the State
of Tennessee 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 the
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 the 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.''
(7) Reopener:
(A) If, anytime after disposal of
the delisted waste Bekaert
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
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 ten (10) days of
first possessing or being made
aware of that data.
(B) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph (1),
Bekaert must report the data, in
writing, to the Regional
Administrator or his delegate
within ten (10) days of first
possessing or being made aware of
that data.
(C) If Bekaert 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 the
EPA 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 requires
action the EPA, 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 notification
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 the EPA action is not
necessary. The facility shall
have ten (10) days from the date
of the Regional Administrator or
his delegate's notice to present
such information.
[[Page 128]]
(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 EPA
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.
(8) Notification Requirements:
Bekaert must do following before
transporting the delisted waste:
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, sixty (60)
days before beginning such
activities.
(B) Update the one-time written
notification if Bekaert ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.
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 using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
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 129]]
(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 (see
address below) when stabilization
of the dewatered filter cake will
begin. The data obtained through
Condition (1)(A) must be
submitted to Waste and Chemicals
Management Division (Mail Code
3HW11), U.S. EPA Region III, 1650
Arch St., Philadelphia, PA 19103
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.''
BMW Manufacturing Greer, South Wastewater treatment sludge (EPA
Co., LLC. Carolina. Hazardous Waste No. F019) that
BMW Manufacturing Corporation
(BMW) generates by treating
wastewater from automobile
assembly plant located on Highway
101 South in Greer, South
Carolina. This is a conditional
exclusion for up to 2,850 cubic
yards of waste (hereinafter
referred to as ``BMW Sludge'')
that will be generated each year
and disposed in a Subtitle D
landfill after August 31, 2005.
With prior approval by the EPA,
following a public comment
period, BMW may also beneficially
reuse the sludge. BMW must
demonstrate that the following
conditions are met for the
exclusion to be valid.
(1) Delisting Levels: All
leachable concentrations for
these metals and cyanide must not
exceed the following levels
(ppm): Barium-100; Cadmium-1;
Chromium-5; Cyanide-33.6, Lead-5;
and Nickel-70.3. These metal and
cyanide concentrations must be
measured in the waste leachate
obtained by the method specified
in 40 CFR 261.24, except that for
cyanide, deionized water must be
the leaching medium. Cyanide
concentrations in waste or
leachate must be measured by the
method specified in 40 CFR
268.40, Note 7.
(2) Annual Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A, (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
Methods must meet Performance
Based Measurement System Criteria
in which the Data Quality
Objectives are to demonstrate
that representative samples of
the BMW Sludge meet the delisting
levels in Condition (1). (A)
Annual Verification Testing: BMW
must implement an annual testing
program to demonstrate that
constituent concentrations
measured in the TCLP extract do
not exceed the delisting levels
established in Condition (1).
(3) Waste Holding and Handling:
BMW must hold sludge containers
utilized for verification
sampling until composite sample
results are obtained. If the
levels of constituents measured
in the composite samples of BMW
Sludge do not exceed the levels
set forth in Condition (1), then
the BMW Sludge is non-hazardous
and must be managed in accordance
with all applicable solid waste
regulations. If constituent
levels in a composite sample
exceed any of the delisting
levels set forth in Condition
(1), the batch of BMW Sludge
generated during the time period
corresponding to this sample must
be managed and disposed of in
accordance with Subtitle C of
RCRA.
[[Page 130]]
(4) Changes in Operating
Conditions: BMW must notify EPA
in writing when significant
changes in the manufacturing or
wastewater treatment processes
are implemented. EPA will
determine whether these changes
will result in additional
constituents of concern. If so,
EPA will notify BMW in writing
that the BMW Sludge must be
managed as hazardous waste F019
until BMW has demonstrated that
the wastes meet the delisting
levels set forth in Condition (1)
and any levels established by EPA
for the additional constituents
of concern, and BMW has received
written approval from EPA. If EPA
determines that the changes do
not result in additional
constituents of concern, EPA will
notify BMW, in writing, that BMW
must verify that the BMW Sludge
continues to meet Condition (1)
delisting levels.
(5) Data Retention: Records of
analytical data from Condition
(2) must be compiled, summarized,
and maintained by BMW for a
minimum of three years, and must
be furnished upon request by EPA
or the State of South Carolina,
and made available for
inspection. Failure to maintain
the required records 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 certification statement in 40
CFR 260.22(i)(12).
(6) Reopener Language: (A) If, at
any time after disposal of the
delisted waste, BMW 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 the
delisting verification testing is
at a level higher than the
delisting level allowed by EPA in
granting the petition, BMW must
report the data, in writing, to
EPA and South Carolina within 10
days of first possessing or being
made aware of that data. (B) If
the testing of the waste, as
required by Condition (2)(A),
does not meet the delisting
requirements of Condition (1),
BMW must report the data, in
writing, to EPA and South
Carolina within 10 days of first
possessing or being made aware of
that data. (C) Based on the
information described in
paragraphs (6)(A) or (6)(B) and
any other information received
from any source, EPA will make a
preliminary determination as to
whether the reported information
requires that EPA take 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 EPA
determines that the reported
information does require Agency
action, EPA will notify the
facility in writing of the action
believed necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing BMW
with an opportunity to present
information as to why the
proposed action is not necessary.
BMW shall have 10 days from the
date of EPA's notice to present
such information. (E) Following
the receipt of information from
BMW, as described in paragraph
(6)(D), or if no such information
is received within 10 days, EPA
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment, given the
information received in
accordance with paragraphs (6)(A)
or (6)(B). Any required action
described in EPA's determination
shall become effective
immediately, unless EPA provides
otherwise.
(7) Notification Requirements: BMW
must provide a one-time written
notification to any State
Regulatory Agency in a State to
which or through which the
delisted waste described above
will be transported, 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 conditions and a
possible revocation of the
decision to delist.
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.
[[Page 131]]
(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.
(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, sludges (EPA Hazardous Waste No.
Inc.. 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.
DaimlerChrysler Jefferson North Waste water treatment plant
Corporation. Assembly Plant, sludge, F019, that is generated
Detroit, by DaimlerChrysler Corporation at
Michigan. the Jefferson North Assembly
Plant (DCC-JNAP) at a maximum
annual rate of 2,000 cubic yards
per year. The sludge must be
disposed of in a lined landfill
with leachate collection, which
is licensed, permitted, or
otherwise authorized to accept
the delisted wastewater treatment
sludge in accordance with 40 CFR
part 258. The exclusion becomes
effective as of February 26,
2004.
[[Page 132]]
1. Delisting Levels: (A) The
concentrations in a TCLP extract
of the waste measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.659; Arsenic--0.3;
Cadmium--0.48; Chromium--4.95;
Lead--5; Nickel--90.5; Selenium--
1; Thallium--0.282; Tin--721;
Zinc--898; Acetone--228; p-
Cresol--11.4; Formaldehyde--84.2;
and Methylene chloride--0.288.
(B) The total concentrations
measured in any sample may not
exceed the following levels (mg/
kg): Mercury--8.92; and
Formaldehyde--689. (C) The sum of
the ratios of the TCLP
concentrations to the delisting
levels for nickel and either
thallium or cadmium shall not
exceed 1.0.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, DCC-JNAP must collect and
analyze one representative sample
of the waste on a quarterly
basis.
3. Changes in Operating
Conditions: DCC-JNAP must notify
the EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process significantly change. DCC-
JNAP must handle wastes generated
after the process change as
hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
4. Data Submittals: DCC-JNAP must
submit the data obtained through
verification testing or as
required by other conditions of
this rule to both U.S. EPA Region
5, Waste Management Branch (DW-
8J), 77 W. Jackson Blvd.,
Chicago, IL 60604 and MDEQ, Waste
Management Division, Hazardous
Waste Program Section, at P.O.
Box 30241, Lansing, Michigan
48909. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. The facility must
compile, summarize, and maintain
on site for a minimum of five
years records of operating
conditions and analytical data.
The facility 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, DCC-JNAP
possesses or is otherwise made
aware of any data (including but
not limited to leachate data or
groundwater monitoring data)
relevant to the delisted waste
indicating that any constituent
is at a level in the leachate
higher than the specified
delisting level, or is in the
groundwater at a concentration
higher than the maximum allowable
groundwater concentration in
paragraph (e), then DCC-JNAP 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 DCC-
JNAP 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 DCC-
JNAP with an opportunity to
present information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. DCC-JNAP
shall have 30 days from the date
of the Regional Administrator's
notice to present the
information.
(d) If after 30 days the facility
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.
(e) Maximum Allowable Groundwater
Concentrations ([micro]g/L):
Antimony--6; Arsenic--4.87;
Cadmium--5; Chromium--100; Lead--
15; Nickel--750; Selenium--50;
Thallium--2; Tin--22,500; Zinc--
11,300; acetone--3,750; p-Cresol--
188; Formaldehyde--1,380; and
Methylene chloride--5.
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 133]]
(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, using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. 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).
[[Page 134]]
(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.
(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.
[[Page 135]]
(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.
Eastman Chemical Longview, Texas.. Wastewater treatment sludge, (at a
Company. maximum generation of 82,100
cubic yards per calendar year)
generated by Eastman (EPA
Hazardous Waste Nos. F001, F002,
F003, F005 generated at Eastman
when disposed of in a Subtitle D
landfill.
Eastman 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
wastewater treatment sludge
constituents must be measured in
the waste leachate by the method
specified in 40 CFR 261.24.
Wastewater treatment sludge:
(i) Inorganic Constituents:
Antimony-0.0515; Barium-7.30;
Cobalt-2.25; Chromium-5.0; Lead-
5.0; Mercury-0.0015; Nickel-2.83;
Selenium-0.22; Silver-0.384;
Vanadium-2.11; Zinc-28.0
(ii) Organic Constituents:
Acenaphthene-1.25; Acetone--7.13;
bis(2-ethylhexylphthalate--0.28;
2-butanone--42.8; Chloroform--
0.0099; Fluorene--0.55; Methanol-
35.7; Methylene Chloride--0.486;
naphthalene-0.0321.
(2) Waste Holding and Handling: If
the concentrations of the sludge
exceed the levels provided in
Condition 1, then the sludge must
be treated in the Fluidized Bed
Incinerator (FBI) and meet the
requirements of that September
25, 1996 delisting exclusion to
be non-hazardous (as FBI ash). If
the sludge meets the delisting
levels provided in Condition 1,
then it's non-hazardous (as
sludge). If the waste water
treatment sludge is not managed
in the manner above, Eastman must
manage it in accordance with
applicable RCRA Subtitle C
requirements. If the levels of
constituents measured in the
samples of the waste water
treatment 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. During the
verification period, Eastman must
manage the waste in the FBI
incinerator prior to disposal.
(3) Verification Testing
Requirements: Eastman must
perform sample collection and
analyses, including quality
control procedures, using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. After completion of the
initial verification period,
Eastman may replace the testing
required in Condition (3)(A) with
the testing required in Condition
(3)(B). Eastman 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, Eastman must collect and
analyze composites of the
wastewater treatment sludge for
constituents listed in Condition
(1).
(B) Subsequent Verification
Testing: Following termination of
the quarterly testing, Eastman
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 Eastman
significantly changes the process
which generate(s) the waste(s)
and which may or could affect the
composition or type of waste(s)
generated as established under
Condition (1) (by illustration,
but not limitation, change in
equipment or operating conditions
of the treatment process or
generation of volumes in excess
82,100 cubic yards of waste
annually), Eastman must (A)
notify the EPA in writing of the
change and (B) may no longer
handle or manage the waste
generated from the new process as
nonhazardous until Eastman has
demonstrated through testing the
waste meets the delisting levels
set in Condition (1) and (C)
Eastman has received written
approval to begin managing the
wastes as non-hazardous from EPA.
(5) Data Submittals. Eastman must
submit or maintain, as
applicable, the information
described below. If Eastman 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
Condition (6). Eastman must:
(A) Submit the data obtained
through Condition (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 Condition (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:
[[Page 136]]
(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, Eastman
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 Condition (1),
Eastman 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 Eastman fails to submit the
information described in
Conditions (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 Condition (6)(D) or
(if no information is presented
under Condition (6)(D)) the
initial receipt of information
described in Conditions (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.
Eastman must do following before
transporting the delisted waste
off-site: Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the exclusion.
(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.
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 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).
[[Page 137]]
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
leachable cyanide. If the
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.
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.
Ford Motor Dearborn, Wastewater treatment plant sludge,
Company, Michigan. F019, that is generated by Ford
Dearborn Truck Motor Company at the Dearborn
Assembly Plant. Truck Asembly Plant at a maximum
annual rate of 2,000 cubic yards
per year. The sludge must be
disposed of in a lined landfill
with leachate collection which is
licensed, permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of April 25, 2005.
[[Page 138]]
1. Delisting Levels: (A) The
concentrations in a TCLP extract
of the waste measured in any
sample may not exceed the
following levels (mg/L):
antimony--0.7; arsenic--0.3;
barium--100; cadmium--0.5;
chromium--5; lead--5; nickel--90;
selenium--1; thallium--0.3; zinc--
900; p-cresol--11; di-n-octyl
phthlate--0.11; formaldehyde--80;
and pentachlorophenol--0.009. (B)
The total concentration measured
in any sample may not exceed the
following levels (mg/kg):
mercury--9; and formaldehyde--
700.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, Dearborn Truck Assembly
Plant must collect and analyze
one representative sample of the
waste on a quarterly basis.
3. Changes in Operating
Conditions: Dearborn Truck
Assembly Plant must notify the
EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process change significantly.
Dearborn Truck Assembly Plant
must handle wastes generated
after the process change as
hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
4. Data Submittals: Dearborn Truck
Assembly Plant [Redln Off] must
submit the data obtained through
verification testing or as
required by other conditions of
this rule to both U.S. EPA Region
5, Waste Management Branch (DW-
8J), 77 W. Jackson Blvd.,
Chicago, IL 60604 and MDEQ, Waste
Management Division, Hazardous
Waste Program Section, at P.O.
Box 30241, Lansing, Michigan
48909. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. Dearborn Truck
Assembly Plant must compile,
summarize and maintain on site
for a minimum of five years
records of operating conditions
and analytical data. Dearborn
Truck Assembly Plant 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, Dearborn Truck
Assembly Plant possesses or is
otherwise made aware of any data
(including but not limited to
leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any constituent is at a level in
the leachate higher than the
specified delisting level, or is
in the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (e),
then Dearborn Truck Assembly
Plant 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
Dearborn Truck Assembly Plant 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 Dearborn
Truck Assembly Plant with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. Dearborn
Truck Assembly Plant shall have
30 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 30 days the Dearborn
Truck Assembly Plant 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.
(e) Maximum Allowable Groundwater
Concentrations ([micro]g/L):
antimony--6; arsenic--5; barium--
2,000; cadmium--5; chromium--100;
lead--15; nickel--800; selenium--
50; thallium--2; tin--20,000;
zinc--11,000; p-Cresol--200; Di-n-
octyl phthlate--1.3;
Formaldehyde--1,400; and
Pentachlorophenol--0.15.
Ford Motor Claycomo, Wastewater treatment sludge, F019,
Company, Kansas Missouri. that is generated at the Ford
City Assembly Motor Company (Ford) Kansas City
Plant. Assembly Plant (KCAP) at a
maximum annual rate of 2,000
cubic yards per year. The sludge
must be disposed of in a lined
landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of June 6, 2007.
1. Delisting Levels: (a) The
concentrations in a TCLP extract
of the waste measured in any
sample may not equal or exceed
the following levels (mg/L):
barium--100; chromium--5;
mercury--0.155; nickel--90;
thallium--0.282; zinc--898;
cyanides--11.5; ethyl benzene--
42.6; toluene--60.8; total
xylenes--18.9; bis(2-ethylhexyl)
phthalate--0.365; p-cresol--11.4;
2,4-dinitrotoluene--0.13;
formaldehyde--343; and
napthalene--.728;
(b) The total concentrations
measured in any sample may not
exceed the following levels (mg/
kg): chromium 760000; mercury--
10.4; thallium--116000; 2,4-
dinitrotoluene--100000; and
formaldehyde--6880.
[[Page 139]]
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, Ford must collect and
analyze one representative sample
of KCAP's sludge on a quarterly
basis.
3. Changes in Operating
Conditions: Ford must notify the
EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process at KCAP significantly
change. Ford must handle wastes
generated at KCAP after the
process change as hazardous until
it has demonstrated that the
waste continues to meet the
delisting levels and that no new
hazardous constituents listed in
appendix VIII of part 261 have
been introduced and Ford has
received written approval from
EPA for the changes.
4. Data Submittals: Ford must
submit the data obtained through
verification testing at KCAP or
as required by other conditions
of this rule to EPA Region 7,
Air, RCRA and Toxics Division,
901 N. 5th, Kansas City, Kansas
66101. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. Ford must compile,
summarize, and maintain at KCAP
records of operating conditions
and analytical data for a minimum
of five years. Ford 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, Ford possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste at KCAP indicating
that any constituent is at a
level in the leachate higher than
the specified delisting level, or
is in the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (e),
then Ford 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 Ford 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 Ford with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. Ford shall
have 30 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 30 days Ford 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.
Ford Motor Wayne, Michigan.. Waste water treatment plant
Company, sludge, F019, that is generated
Michigan Truck by Ford Motor Company at the
Plant and Wayne Wayne Integrated Stamping and
Integrated Assembly Plant from wastewaters
Stamping and from both the Wayne Integrated
Assembly Plant.. Stamping and Assembly Plant and
the Michigan Truck Plant, Wayne,
Michigan at a maximum annual rate
of 2,000 cubic yards per year.
The sludge must be disposed of in
a lined landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of July 30, 2003.
1. Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.659; Arsenic--0.3;
Cadmium--0.48; Chromium--4.95;
Lead--5; Nickel--90.5; Selenium--
1; Thallium--0.282; Tin--721;
Zinc--898; p-Cresol--11.4; and
Formaldehyde--84.2. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
Mercury--8.92; and Formaldehyde--
689. (C) The sum of the ratios of
the TCLP concentrations to the
delisting levels for nickel and
thallium and for nickel and
cadmium shall not exceed 1.0.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, the facility must collect
and analyze one waste sample on a
quarterly basis.
3. Changes in Operating
Conditions: The facility must
notify the EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process significantly change. The
facility must handle wastes
generated after the process
change as hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
[[Page 140]]
4. Data Submittals: The facility
must submit the data obtained
through verification testing or
as required by other conditions
of this rule to both U.S. EPA
Region 5, Waste Management Branch
(DW-8J), 77 W. Jackson Blvd.,
Chicago, IL 60604 and MDEQ, Waste
Management Division, Hazardous
Waste Program Section, at P.O.
Box 30241, Lansing, Michigan
48909. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. The facility must
compile, summarize, and maintain
on site for a minimum of five
years records of operating
conditions and analytical data.
The facility 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, the facility
possesses or is otherwise made
aware of any data (including but
not limited to leachate data or
groundwater monitoring data)
relevant to the delisted waste
indicating that any constituent
is at a level in the leachate
higher than the specified
delisting level, or is in the
groundwater at a concentration
higher than the maximum allowable
groundwater concentration in
paragraph (e), then the facility
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 30 days
from the date of the Regional
Administrator's notice to
present the information.
(d) If after 30 days the
facility 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.
(e) Maximum Allowable
Groundwater Concentrations (ug/
L): Antimony--6; Arsenic--4.87;
Cadmium--5; Chromium--100;
Lead--15; Nickel--750;
Selenium--50; Thallium--2; Tin--
22,500; Zinc--11,300; p-Cresol--
188; and Formaldehyde--1,380.
Ford Motor Wixom, Michigan.. Waste water treatment plant
Company, Wixom sludge, F019, that is generated
Assembly Plant. by Ford Motor Company at the
Wixom Assembly Plant, Wixom,
Michigan at a maximum annual rate
of 2,000 cubic yards per year.
The sludge must be disposed of in
a lined landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR Part 258.
The exclusion becomes effective
as of July 30, 2003. The
conditions in paragraphs (2)
through (5) for Ford Motor
Company--Michigan Truck Plant and
Wayne Integrated Stamping Plant--
Wayne, Michigan also apply.
Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.659; Arsenic--0.3;
Cadmium--0.48; Chromium--4.95;
Lead--5; Nickel--90.5; Selenium--
1; Thallium--0.282; Tin--721;
Zinc--898; p-Cresol--11.4; and
Formaldehyde--84.2. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
Mercury--8.92; and Formaldehyde--
689. (C) The sum of the ratios of
the TCLP concentrations to the
delisting levels for nickel and
thallium and for nickel and
cadmium shall not exceed 1.0.
GE's Former RCA Barceloneta, PR.. Wastewater treatment plant (WWTP)
del Caribe. sludges from chemical etching
operation (EPA Hazardous Waste
No. F006) and contaminated soil
mixed with sludge. This is a one-
time exclusion for a range of
5,000 to 15,000 cubic yards of
WWTP sludge on condition of
disposal in a Subtitle D
landfill. This exclusion was
published on February 1, 2007. 1.
Reopener Language--(a) If,
anytime after disposal of the
delisted waste, GE discovers that
any condition or assumption
related to the characterization
of the excluded waste which was
used in the evaluation of the
petition or that was predicted
through modeling is not as
reported in the petition, then GE
must report any information
relevant to that condition or
assumption, in writing, to the
Director of the Division of
Environmental Planning and
Protection in Region 2 within 10
days of first of discovering that
information. (b) Upon receiving
information described in
paragraph (a) of this section,
regardless of its source, the
Director will determine whether
the reported condition requires
further action. Further action
may include repealing the
exclusion, modifying the
exclusion, or other appropriate
action deemed necessary to
protect human health or the
environment.
2. Notifications--GE must provide
a one-time written notification
to any State or Commonwealth
Regulatory Agency in any State or
Commonwealth to which or through
which the 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 waste exclusion
and a possible revocation of the
decision.
[[Page 141]]
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... Arlington, TX.... Wastewater Treatment Sludge (WWTP)
(EPA Hazardous Waste No. F019)
generated at a maximum annual
rate of 3,000 cubic yards per
calendar year after January 3,
2007 and disposed in a Subtitle D
landfill.
For the exclusion to be valid, GM-
Arlington must implement a
verification testing program that
meets the following paragraphs:
(1) Delisting Levels: All
leachable concentrations for
those constituents must not
exceed the following levels (mg/l
for TCLP).
(i) Inorganic Constituents:
Barium-100; Cadmium-0.36; Chromium-
5 (3.71) ; Cobalt-18.02; Lead-5;
Nickel-67.8; Silver-5; Tin-540;
Zinc-673.
(ii) Organic Constituents:
Acetone-171; Ethylbenzene-31.9; N-
Butyl Alcohol-171; Toluene-45.6;
Bis(2-Ethylhexyl) Phthalate-0.27;
p-Cresol-8.55; Naphthalene-3.11.
(2) Waste Management: (A) GM-
Arlington must manage as
hazardous all WWTP sludge
generated, until it has completed
initial verification testing
described in paragraph (3)(A) and
(B), as appropriate, and valid
analyses show that paragraph(1)
is satisfied.
(B) Levels of constituents
measured in the samples of the
WWTP sludge that do not exceed the
levels set forth in paragraph (1)
are non-hazardous. GM-Arlington
can manage and dispose of the non-
hazardous WWTP sludge according to
all applicable solid waste
regulations.
(C) If constituent levels in a
sample exceed any of the delisting
levels set in paragraph (1), GM-
Arlington can collect one
additional sample and perform
expedited analyses to verify if
the constituent exceeds the
delisting level. If this sample
confirms the exceedance, GM-
Arlington must, from that point
forward, treat the waste as
hazardous until it is demonstrated
that the waste again meets the
levels in paragraph (1). GM-
Arlington must manage and dispose
of the waste generated under
Subtitle C of RCRA from the time
it becomes aware of any
exceedance.
(D) Upon completion of the
Verification Testing described in
paragraph 3(A) and (B), as
appropriate, and the transmittal
of the results to EPA, and if the
testing results meet the
requirements of paragraph (1), GM-
Arlington may proceed to manage
its WWTP sludge as non-hazardous
waste. If subsequent Verification
Testing indicates an exceedance of
the Delisting Levels in paragraph
(1), GM-Arlington must manage the
WWTP sludge as a hazardous waste
until two consecutive quarterly
testing samples show levels below
the Delisting Levels in paragraph
(1).
(3) Verification Testing
Requirements: GM-Arlington must
perform sample collection and
analyses, including quality
control procedures, according to
appropriate methods such as those
found in SW-846 or other reliable
sources (with the exception of
analyses requiring the use of SW-
846 methods incorporated by
reference in 40 CFR 260.11, which
must be used without
substitution) for all
constituents listed in paragraph
(1). If EPA judges the process to
be effective under the operating
conditions used during the
initial verification testing, GM-
Arlington may replace the testing
required in paragraph (3)(A) with
the testing required in paragraph
(3)(B). GM-Arlington Plant 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, GM-Arlington must do
the following:
(i) Within 30 days of this
exclusion becoming final, collect
two (2) samples, before disposal,
of the WWTP sludge.
(ii) The samples are to be
analyzed and compared against the
Delisting Levels in paragraph (1).
(iii) Within 60 days of the
exclusion becoming final, GM-
Arlington must report to EPA the
initial verification analytical
test data for the WWTP sludge,
including analytical quality
control information for the first
thirty (30) days of operation
after this exclusion becomes
final.
If levels of constituents measured
in these samples of the WWTP
sludge do not exceed the levels
set forth in paragraph (1), GM-
Arlington can manage and dispose
of the WWTP sludge according to
all applicable solid waste
regulations.
(B) Subsequent Verification
Testing: Following written
notification by EPA, GM-Arlington
may substitute the testing
conditions in paragraph (3)(B)
for paragraph (3)(A). GM-
Arlington must continue to
monitor operating conditions, and
analyze two representative
samples of the WWTP sludge for
the next three quarters of
operation during the first year
of waste generation. The samples
must represent the waste
generated during the quarter.
Quarterly reports are due to EPA,
thirty days after the samples are
taken.
After the first year of analytical
sampling, verification sampling
can be performed on a single
annual sample of the WWTP sludge.
The results are to be compared to
the delisting levels in paragraph
(1).
(C) Termination of Testing:
(i) After the first year of
quarterly testing, if the
delisting levels in paragraph (1)
are being met, GM-Arlington may
then request that EPA not require
quarterly testing.
(ii) Following cancellation of
the quarterly testing by EPA
letter, GM-Arlington must continue
to test one representative sample
for all constituents listed in
paragraph (1) annually. Results
must be provided to EPA within 30
days of the testing.
[[Page 142]]
(4) Changes in Operating
Conditions: If GM-Arlington
significantly changes the process
described in its petition or
starts any process that generates
the waste that may or could
significantly 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), it
must notify EPA in writing; it
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 it has received
written approval to do so from
EPA.
(5) Data Submittals: GM-Arlington
must submit the information
described below. If GM-Arlington
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. GM-Arlington must:
(A) Submit the data obtained
through paragraph(3) to the
Section Chief, Region 6 Corrective
Action and Waste Minimization
Section, EPA, 1445 Ross Avenue,
Dallas, Texas 75202-2733, Mail
Code, (6PD-C) 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 requests 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) Re-opener;
(A) If, anytime after disposal
of the delisted waste, GM-
Arlington 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 a level higher than the
delisting level allowed by EPA in
granting the petition, then the
facility must report the data, in
writing, to EPA within 10 days of
first possessing or being made
aware of that data.
(B) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph 1, GM-
Arlington must report the data, in
writing, to EPA within 10 days of
first possessing or being made
aware of that data.
(C) If GM-Arlington fails to
submit the information described
in paragraphs (5), (6)(A) or
(6)(B) or if any other information
is received from any source, EPA
will make a preliminary
determination as to whether the
reported information requires
action to protect human health and/
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 EPA determines that the
reported information requires
action, EPA will notify the
facility in writing of the actions
it 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
explaining why the proposed EPA
action is not necessary. The
facility shall have 10 days from
the date of EPA'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), EPA will issue a
final written determination
describing the actions that are
necessary to protect human health
and/or the environment. Any
required action described in EPA's
determination shall become
effective immediately, unless EPA
provides otherwise.
(7) Notification Requirements: GM-
Arlington must do the 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 it will transport
the delisted waste described above
for disposal, 60 days before
beginning such activities.
(B) Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible revocation
of the decision.
[[Page 143]]
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 Lordstown, Ohio.. Waste water treatment plant
Corporation sludge, F019, that is generated
Assembly Plant at General Motors Corporation's
Lordstown Assembly Plant at a
maximum annual rate of 2,000
cubic yards per year. The sludge
must be disposed of in a Subtitle
D landfill which is licensed,
permitted, or otherwise
authorized by a state to accept
the delisted wastewater treatment
sludge. The exclusion becomes
effective as of October 12, 2004.
1. Delisting Levels: (A) The
constituent concentrations
measured in the TCLP extract may
not exceed the following levels
(mg/L): antimony--0.66; arsenic--
0.30; chromium--5; lead--5;
mercury--0.15; nickel--90;
selenium--1; silver--5; thallium--
0.28; tin--720; zinc--900;
fluoride--130; p-cresol--11;
formaldehyde--84; and methylene
chloride--0.29 (B) The total
constituent concentration
measured in any sample of the
waste may not exceed the
following levels (mg/kg):
chromium--4,100 ; formaldehyde--
700; and mercury--10. (C) Maximum
allowable groundwater
concentrations ([micro]g/L) are
as follows: antimony--6; arsenic--
4.88; chromium--100; lead--15;
mercury--2; nickel--750;
selenium--50; silver--188;
thallium--2; tin--22,500; zinc--
11,300; fluoride--4,000; p-
cresol--188; formaldehyde--1,390;
and methylene chloride--5.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, GM must collect and
analyze one waste sample on a
quarterly basis using methods
with appropriate detection levels
and elements of quality control.
3. Changes in Operating
Conditions: The facility must
notify the EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process significantly change. GM
must handle wastes generated
after the process change as
hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
4. Data Submittals: The facility
must submit the data obtained
through verification testing or
as required by other conditions
of this rule to U.S. EPA Region
5, Waste Management Branch, RCRA
Delisting Program (DW-8J), 77 W.
Jackson Blvd., Chicago, IL 60604.
The quarterly verification data
and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. The facility must
compile, summarize, and maintain
on site for a minimum of five
years records of operating
conditions and analytical data.
The facility 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).
[[Page 144]]
5. Reopener Language: (A) If,
anytime after disposal of the
delisted waste, GM possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any constituent is at a level in
the leachate higher than the
specified delisting level, or is
in the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (1),
then GM 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 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
30 days from the date of the
Regional Administrator's notice
to present the information. (D)
If after 30 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.
General Motors Elyria, OH....... The residue generated from the use
Corp., Fisher of the Chemfix [reg] treatment
Body Division. 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 [reg]
treatment process on the sludge
currently contained in the three
on-site surface impoundments.
General Motors Flint, Michigan.. Waste water treatment plant
Corporation, sludge, F019, that is generated
Flint Truck. by General Motors Corporation at
Flint Truck, Flint, Michigan at a
maximum annual rate of 3,000
cubic yards per year. The sludge
must be disposed of in a lined
landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of July 30, 2003. The
conditions in paragraphs (2)
through (5) for Ford Motor
Company--Michigan Truck Plant and
Wayne Integrated Stamping Plant--
Wayne, Michigan also apply.
Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.494; Arsenic--0.224;
Cadmium--0.36; Chromium--3.71;
Lead--5; Nickel--67.8; Selenium--
1; Thallium--0.211; Tin--540;
Zinc--673; p-Cresol--8.55; and
Formaldehyde--63. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
Mercury--6.34; and Formaldehyde--
535. (C) The sum of the ratios of
the TCLP concentration to the
delisting level for nickel and
thallium and for nickel and
cadmium shall not exceed 1.0.
General Motors Detroit, Michigan Waste water treatment plant
Corporation, sludge, F019, that is generated
Hamtramck. by General Motors Corporation at
Hamtramck, Detroit, Michigan at a
maximum annual rate of 3,000
cubic yards per year. The sludge
must be disposed of in a lined
landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of July 30, 2003. The
conditions in paragraphs (2)
through (5) for Ford Motor
Company--Michigan Truck Plant and
Wayne Integrated Stamping Plant--
Wayne, Michigan also apply. A
maximum allowable groundwater
concentration of 3,750 [micro]g/L
for n-butyl alcohol is added to
paragraph (5)(e).
Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.494; Arsenic--0.224;
Cadmium--0.36; Chromium--3.71;
Lead--5; Nickel--67.8; Selenium--
1; Thallium--0.211; Tin--540;
Zinc--673; p-Cresol--8.55;
Formaldehyde--63; and n-Butyl
alcohol--171. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
Mercury--6.34; and Formaldehyde--
535. (C) The sum of the ratios of
the TCLP concentration to the
delisting level for nickel and
thallium and for nickel and
cadmium shall not exceed 1.0.
[[Page 145]]
General Motors Janesville, Wastewater treatment sludge, F019,
Corporation, Wisconsin. that is generated at the General
Janesville Truck Motors Corporation (GM)
Assembly Plant Janesville Truck Assembly Plant
(JTAP) at a maximum annual rate
of 3,000 cubic yards per year.
The sludge must be disposed of in
a lined landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of January 24, 2006.
1. Delisting Levels: (A) The
concentrations in a TCLP extract
of the waste measured in any
sample may not exceed the
following levels (mg/L):
antimony--0.49; arsenic--0.22;
cadmium--0.36; chromium--3.7;
lead--5; nickel--68; selenium--1;
thallium--0.21; tin--540; zinc--
670; p-cresol--8.5; and
formaldehyde--43. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
chromium--5,300; mercury--7; and
formaldehyde--540.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, GM must collect and
analyze one representative sample
of JTAP's sludge on a quarterly
basis.
3. Changes in Operating
Conditions: GM must notify the
EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process at JTAP significantly
change. GM must handle wastes
generated at JTAP after the
process change as hazardous until
it has demonstrated that the
waste continues to meet the
delisting levels and 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
verification testing at JTAP or
as required by other conditions
of this rule to EPA Region 5,
Waste Management Branch (DW-8J),
77 W. Jackson Blvd., Chicago, IL
60604. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. GM must compile,
summarize, and maintain at JTAP
records of operating conditions
and analytical data for a minimum
of five years. 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
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste at JTAP indicating
that any constituent is at a
level in the leachate higher than
the specified delisting level, or
is in the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (e),
then GM 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 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
30 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 30 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.
(e) Maximum Allowable Groundwater
Concentrations (mg/L):; antimony--
0.006; arsenic--0.005; cadmium--
0.005; chromium--0.1; lead--
0.015; nickel--0.750; selenium--
0.050; tin--23; zinc--11; p-
Cresol--0.190; and formaldehyde--
0.950.
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:
(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.
[[Page 146]]
(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.
General Motors Pontiac, Michigan Waste water treatment plant
Corporation, sludge, F019, that is generated
Pontiac East. by General Motors Corporation at
Pontiac East, Pontiac, Michigan
at a maximum annual rate of 3,000
cubic yards per year. The sludge
must be disposed of in a lined
landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of July 30, 2003. The
conditions in paragraphs (2)
through (5) for Ford Motor
Company--Michigan Truck Plant and
Wayne Integrated Stamping Plant--
Wayne, Michigan also apply.
Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.494; Arsenic--0.224;
Cadmium--0.36; Chromium--3.71;
Lead--5; Nickel--67.8; Selenium--
1; Thallium--0.211; Tin--540;
Zinc--673; p-Cresol--8.55; and
Formaldehyde--63. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
Mercury--6.34; and Formaldehyde--
535. (C) The sum of the ratios of
the TCLP concentrations to the
delisting levels for nickel and
thallium and for nickel and
cadmium shall not exceed 1.0.
Geological Morrisville, Wastewater treatment sludge filter
Reclamation Pennsylvania. cake from the treatment of EPA
Operations and Hazardous Waste No. F039,
Waste Systems, generated at a maximum annual
Inc. rate of 2000 cubic yards, after
December 4, 2001, and disposed of
in a Subtitle D landfill. The
exclusion covers the filter cake
resulting from the treatment of
hazardous waste leachate derived
from only ``old'' GROWS and non-
hazardous leachate derived from
only non-hazardous waste sources.
The exclusion does not address
the waste 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:
[[Page 147]]
(1) Testing: Sample collection and
analyses, including quality
control (QC) procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
(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.
(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 submitted to
The Waste and Chemicals
Management Division, U.S. EPA
Region III, 1650 Arch Street,
Philadelphia, PA 19103, and the
Pennsylvania Department of
Environmental Protection, Bureau
of Land Recycling and Waste
Management, Rachel Carson State
Office Building, 400 Market
Street, 14th Floor, Harrisburg,
PA 17105. Data from the annual
verification testing must be
compiled and submitted to EPA and
the Pennsylvania Department of
Environmental Protection within
sixty (60) days from the end of
the calendar year. All data must
be accompanied by a signed copy
of the statement set forth in 40
CFR 260.22(i)(12) to certify to
the truth and accuracy of the
data submitted. Records of
operating conditions and
analytical data must be compiled,
summarized, and maintained on-
site for a minimum of three years
and must be furnished upon
request by any employee or
representative of EPA or the
Pennsylvania Department of
Environmental Protection, and
made available for inspection.
(2) Waste Holding: The dewatered
filter cake 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 forth 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 forth 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 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
(mg/l or mg/kg) 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. GROWS has the
option of determining whether the
filter cake waste exceeds the
maximum allowable concentrations
for the organic constituents by
either performing the analysis on
a TCLP leachate of the waste or
performing total constituent
analysis on the waste, and then
comparing the results to the
corresponding maximum allowable
concentration level.
------------------------------------------------------------------------
(A) Inorganics Maximum Allowable
Leachate Conc. (mg/
l)
Constituent:
Arsenic................. 3.00e-01
Barium.................. 2.34e+01
Cadmium................. 1.80e-01
Chromium................ 5.00e+00
Lead.................... 5.00e+00
Mercury................. 7.70e-02
Nickel.................. 9.05e+00
Selenium................ 6.97e-01
Silver.................. 1.23e+00
Cyanide................. 4.33e+00
Cyanide extractions must
be conducted using
distilled water in
place of the leaching
media specified in the
TCLP procedure.
(B) Organics Maximum allowable Maximum allowable
leachate conc. (mg/ total conc. (mg/
l) kg)
[[Page 148]]
Constituent:
Acetone................. 2.28e+01 4.56e+02
Acetonitrile............ 3.92e+00 7.84e+01
Acetophenone............ 2.28e+01 4.56e+02
Acrolein................ 1.53e+03 3.06e+04
Acrylonitrile........... 7.80e-03 1.56e-01
Aldrin.................. 5.81e-06 1.16e-04
Aniline................. 7.39e-01 1.48e+01
Anthracene.............. 8.00e+00 1.60e+02
Benz(a)anthracene....... 1.93e-04 3.86e-03
Benzene................. 1.45e-01 2.90e+00
Benzo(a)pyrene.......... 1.18e-05 2.36e-04
Benzo(b)fluoranthene.... 1.07e-04 2.14e-03
Benzo(k)fluoranthene.... 1.49e-03 2.98e-02
Bis(2-chloroethyl)ether. 3.19e-02 6.38e-01
Bis(2- 8.96e-02 1.79e+00
ethylhexyl)phthalate.
Bromodichloromethane.... 6.80e-02 1.36e+00
Bromoform 5.33e-01 1.07e+01
(Tribromomethane).
Butyl-4,6-dinitrophenol, 2.28e-01 4.56e+00
2-sec-(Dinoseb).
Butylbenzylphthalate.... 9.29e+00 1.86e+02
Carbon disulfide........ 2.28e+01 4.56e+02
Carbon tetrachloride.... 4.50e-02 9.00e-01
Chlordane............... 5.11e-04 1.02e-02
Chloro-3-methylphenol 4- 2.97e+02 5.94e+03
Chloroaniline, p-....... 9.14e-01 1.83e+01
Chlorobenzene........... 6.08e+00 1.22e+02
Chlorobenzilate......... 4.85e-02 9.70e-01
Chlorodibromomethane.... 5.02e-02 1.00e+00
Chloroform.............. 7.79e-02 1.56e+00
Chlorophenol, 2-........ 1.14e+00 2.28e+01
Chrysene................ 2.04e-02 4.08e-01
Cresol.................. 1.14e+00 2.28e+01
DDD..................... 5.83e-04 1.17e-02
DDE..................... 1.37e-04 2.74e-03
DDT..................... 2.57e-04 5.14e-03
Dibenz(a,h)anthracene... 5.59e-06 1.12e-04
Dibromo-3-chloropropane, 3.51e-03 7.02e-02
1,2-.
Dichlorobenzene 1,3-.... 9.35e+00 1.87e+02
Dichlorobenzene, 1,2-... 1.25e+01 2.50e+02
Dichlorobenzene, 1,4-... 1.39e-01 2.78e+00
Dichlorobenzidine, 3,3'- 9.36e-03 1.87e-01
Dichlorodifluoromethane. 4.57e+01 9.14e+02
Dichloroethane, 1,1-.... 1.20e+00 2.40e+01
Dichloroethane, 1,2-.... 2.57e-03 5.14e-02
Dichloroethylene, 1,1-.. 7.02e-03 1.40e-01
Dichloroethylene, trans- 4.57e+00 9.14e+01
1,2-.
Dichlorophenol, 2,4-.... 6.85e-01 1.37e+01
Dichlorophenoxyacetic 2.28e+00 4.56e+01
acid, 2,4-(2,4-D).
Dichloropropane, 1,2-... 1.14e-01 2.28e+00
Dichloropropene, 1,3-... 2.34e-02 4.68e-01
Dieldrin................ 6.23e+01 1.25e+03
Diethyl phthalate....... 2.21e+02 4.42e+03
Dimethoate.............. 6.01e+01 1.20e+03
Dimethyl phthalate...... 1.20e+02 2.40e+03
Dimethylbenz(a)anthracen 1.55e-06 3.10e-05
e, 7,12-.
Dimethylphenol, 2,4-.... 4.57e+00 9.14e+01
Di-n-butyl phthalate.... 5.29e+00 1.06e+02
Dinitrobenzene, 1,3-.... 2.28e-02 4.56e-01
Dinitromethylphenol, 4,6- 2.16e-02 4.32e-01
,2-.
Dinitrophenol, 2,4-..... 4.57e-01 9.14e+00
Dinitrotoluene, 2,6-.... 6.54e-03 1.31e-01
Di-n-octyl phthalate.... 1.12e-02 2.24e-01
Dioxane, 1,4-........... 3.83e-01 7.66e+00
Diphenylamine........... 3.76e+00 7.52e+01
Disulfoton.............. 3.80e+02 7.60e+03
Endosulfan.............. 1.37e+00 2.74e+01
Endrin.................. 2.00e-02 4.00e-01
Ethylbenzene............ 1.66e+01 3.32e+02
Ethylene Dibromide...... 4.13e-03 8.26e-02
Fluoranthene............ 5.16e-01 1.03e+01
Fluorene................ 1.78e+00 3.56e+01
Heptachlor.............. 8.00e-03 1.60e-01
Heptachlor epoxide...... 8.00e-03 1.60e-01
Hexachloro-1,3-butadiene 9.61e-03 1.92e-01
Hexachlorobenzene....... 9.67e-05 1.93e-03
Hexachlorocyclohexane, 4.00e-01 8.00e+00
gamma-(Lindane).
[[Page 149]]
Hexachlorocyclopentadien 1.66e+04 3.32e+05
e.
Hexachloroethane........ 1.76e-01 3.52e+00
Hexachlorophene......... 3.13e-04 6.26e-03
Indeno(1,2,3-cd) pyrene. 6.04e-05 1.21e-03
Isobutyl alcohol........ 6.85e+01 1.37e+03
Isophorone.............. 4.44e+00 8.88e+01
Methacrylonitrile....... 2.28e-02 4.56e-01
Methoxychlor............ 1.00e+01 2.00e+02
Methyl bromide 1.28e+02 2.56e+03
(Bromomethane).
Methyl chloride 1.80e-01 3.60e+00
(Chloromethane).
Methyl ethyl ketone..... 1.37e+02 2.74e+03
Methyl isobutyl ketone.. 1.83e+01 3.66e+02
Methyl methacrylate..... 1.03e+03 2.06e+04
Methyl parathion........ 1.27e+02 2.54e+03
Methylene chloride...... 2.88e-01 5.76e+00
Naphthalene............. 1.50e+00 3.00e+01
Nitrobenzene............ 1.14e-01 2.28e+00
Nitrosodiethylamine..... 2.81e-05 5.62e-04
Nitrosodimethylamine.... 8.26e-05 1.65e-03
Nitrosodi-n-butylamine.. 7.80e-04 1.56e-02
N-Nitrosodi-n- 6.02e-04 1.20e-02
propylamine.
N-Nitrosodiphenylamine.. 8.60e-01 1.72e+01
N-Nitrosopyrrolidine.... 2.01e-03 4.02e-02
Pentachlorobenzene...... 1.15e-02 2.30e-01
Pentachloronitrobenzene 5.00e-03 1.00e-01
(PCNB).
Pentachlorophenol....... 4.10e-03 8.20e-02
Phenanthrene............ 2.09e-01 4.18e+00
Phenol.................. 1.37e+02 2.74e+03
Polychlorinated 3.00e-05 6.00e-04
biphenyls.
Pronamide............... 1.71e+01 3.42e+02
Pyrene.................. 3.96e-01 7.92e+00
Pyridine................ 2.28e-01 4.56e+00
Styrene................. 6.08e+00 1.22e+02
Tetrachlorobenzene, 9.43e-03 1.89e-01
1,2,4,5-.
Tetrachloroethane, 4.39e-01 8.78e+00
1,1,2,2-.
Tetrachloroethylene..... 8.55e-02 1.71e+00
Tetrachlorophenol, 1.81e+00 3.62e+01
2,3,4,6-.
Tetraethyl 3.01e+05 6.02e+06
dithiopyrophosphate
(Sulfotep).
Toluene................. 4.57e+01 9.14e+02
Toxaphene............... 5.00e-01 1.00e+01
Trichlorobenzene, 1,2,4- 7.24e-01 1.45e+01
Trichloroethane, 1,1,1-. 7.60e+00 1.52e+02
Trichloroethane, 1,1,2-. 7.80e-02 1.56e+00
Trichloroethylene....... 3.04e-01 6.08e+00
Trichlorofluoromethane.. 6.85e+01 1.37e+03
Trichlorophenol, 2,4,5-. 9.16e+00 1.83e+02
Trichlorophenol, 2,4,6-. 2.76e-01 5.52e+00
Trichlorophenoxyacetic 2.28e+00 4.56e+01
acid, 2,4,5-(245-T).
Trichlorophenoxypropioni 1.00e+00 2.00e+01
c acid, 2,4,5-(Silvex).
Trichloropropane, 1,2,3- 7.69e-04 1.54e-02
Trinitrobenzene, sym-... 6.49e+00 1.30e+02
Vinyl chloride.......... 2.34e-03 4.68e-02
Xylenes (total)......... 3.20e+02 6.40e+03
Table 1--Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
Facility Address Waste description
------------------------------------------------------------------------
(4) Changes in Operating
Conditions: If GROWS
significantly changes the
treatment process or the
chemicals used in the treatment
process, GROWS may not manage the
treatment sludge filter cake
generated from the new process
under this exclusion until it has
met the following conditions: (a)
GROWS must demonstrate that the
waste meets the delisting levels
set forth in Paragraph 3; (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
and the Pennsylvania Department
of Environmental Protection to
manage the waste under this
exclusion.
(5) Reopener:
(a) If GROWS 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 GROWS
must report any information
relevant to that condition, in
writing, to the Regional
Administrator or his delegate and
to the Pennsylvania Department of
Environmental Protection 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 and
the Pennsylvania Department of
Environmental Protection 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.
[[Page 150]]
Goodyear Tire and Randleman, NC.... Dewatered wastewater treatment
Rubber Co. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations.
Gould, Inc....... McConnels ville, 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.
Lawrence Berkeley Berkeley, Treated ignitable and spent
National California. halogenated and non-halogenated
Laboratory. solvent mixed waste (D001, F002,
F003, and F005), and bubbler
water on silica gel generated
during treatment at the National
Tritium Labeling Facility (NTLF)
of the Lawrence Berkeley National
Laboratory (LBNL). This is a one-
time exclusion for 200 U.S.
gallons of treatment residues
that will be disposed of in a
Nuclear Regulatory Commission
(NRC) licensed or Department of
Energy (DOE) approved low-level
radioactive waste disposal
facility, after August 7, 2003.
(1) Waste Management: The treated
waste residue and bubbler water
on silica gel must be managed in
accordance with DOE or NRC
requirements prior to and during
disposal.
(2) Reopener Language: (A) If,
anytime after disposal of the
delisted waste, LBNL possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any organic constituent from the
waste is detected in the leachate
or the groundwater, then LBNL
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 (2)(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 LBNL 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 LBNL with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. LBNL shall
have 30 days from the date of the
Regional Administrator's notice
to present the information. (D)
If after 30 days LBNL 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.
[[Page 151]]
(3) Notification Requirements:
LBNL must do the following before
transporting the delisted waste
off-site:(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 LBNL ships the
delisted waste to a different
disposal facility. Failure to
provide this notification will
result in a violation of the
delisting petition and a possible
revocation of the 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.
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.
[[Page 152]]
(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.
(3) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
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.
[[Page 153]]
(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.
Nissan North Smyrna, Tennessee Wastewater treatment sludge (EPA
America, Inc.. Hazardous Waste No. F019) that
Nissan North American, Inc.
(Nissan) generates by treating
wastewater from automobile
assembly plant located on 983
Nissan Drive in Smyrna,
Tennessee. This is a conditional
exclusion for up to 3,500 cubic
yards of waste (hereinafter
referred to as ``Nissan Sludge'')
that will be generated each year
and disposed in a Subtitle D
landfill after February 27, 2006.
Nissan must continue to
demonstrate that the following
conditions are met for the
exclusion to be valid.
(1) Delisting Levels: All
leachable concentrations for
these metals, cyanide, and
organic constituents must not
exceed the following levels
(ppm): Barium-100.0; Cadmium-
0.422; Chromium-5.0; Cyanide-
7.73, Lead-5.0; and Nickel-60.7;
Bis-(2-ethylhexyl) phthalate-
0.601; Di-n-octyl phthalate-
0.0752; and 4-Methylphenol-7.66.
These concentrations must be
measured in the waste leachate
obtained by the method specified
in 40 CFR 261.24, except that for
cyanide, deionized water must be
the leaching medium. Cyanide
concentrations in waste or
leachate must be measured by the
method specified in 40 CFR
268.40, Note 7.
(2) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A, (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
Methods must meet Performance
Based Measurement System Criteria
in which the Data Quality
Objectives are to demonstrate
that representative samples of
the Nissan Sludge meet the
delisting levels in Condition
(1). Nissan must perform an
annual testing program to
demonstrate that constituent
concentrations measured in the
TCLP extract do not exceed the
delisting levels established in
Condition (1).
(3) Waste Holding and Handling:
Nissan must hold sludge
containers utilized for
verification sampling until
composite sample results are
obtained. If the levels of
constituents measured in Nissan's
annual testing program do not
exceed the levels set forth in
Condition (1), then the Nissan
Sludge is non-hazardous and must
be managed in accordance with all
applicable solid waste
regulations. If constituent
levels in a composite sample
exceed any of the delisting
levels set forth in Condition
(1), the batch of Nissan Sludge
generated during the time period
corresponding to this sample must
be managed and disposed of in
accordance with Subtitle C of
RCRA.
(4) Changes in Operating
Conditions: Nissan must notify
EPA in writing when significant
changes in the manufacturing or
wastewater treatment processes
are implemented. EPA will
determine whether these changes
will result in additional
constituents of concern. If so,
EPA will notify Nissan in writing
that the Nissan Sludge must be
managed as hazardous waste F019
until Nissan has demonstrated
that the wastes meet the
delisting levels set forth in
Condition (1) and any levels
established by EPA for the
additional constituents of
concern, and Nissan has received
written approval from EPA. If EPA
determines that the changes do
not result in additional
constituents of concern, EPA will
notify Nissan, in writing, that
Nissan must verify that the
Nissan Sludge continues to meet
Condition (1) delisting levels.
[[Page 154]]
(5) Data Submittals: Data obtained
in accordance with Condition (2)
must be submitted to Narindar M.
Kumar, Chief, RCRA Enforcement
and Compliance Branch, Mail Code:
4WD-RCRA, U.S. EPA, Region 4, Sam
Nunn Atlanta Federal Center, 61
Forsyth Street, SW., Atlanta,
Georgia 30303. The submission is
due no later than 60 days after
taking each annual verification
samples in accordance with
delisting Conditions (1) through
(7). Records of analytical data
from Condition (2) must be
compiled, summarized, and
maintained by Nissan for a
minimum of three years, and must
be furnished upon request by EPA
or the State of Tennessee, and
made available for inspection.
Failure to submit the required
data within the specified time
period or maintain the required
records 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 certification
statement in 40 CFR
260.22(i)(12).
(6) Reopener Language: (A) If, at
any time after disposal of the
delisted waste, Nissan 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 the
delisting verification testing is
at a level higher than the
delisting level allowed by EPA in
granting the petition, Nissan
must report the data, in writing,
to EPA and Tennessee within 10
days of first possessing or being
made aware of that data. (B) If
the testing of the waste, as
required by Condition (2), does
not meet the delisting
requirements of Condition (1),
Nissan must report the data, in
writing, to EPA and Tennessee
within 10 days of first
possessing or being made aware of
that data. (C) Based on the
information described in
paragraphs (6)(A) or (6)(B) and
any other information received
from any source, EPA will make a
preliminary determination as to
whether the reported information
requires that EPA take 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 EPA
determines that the reported
information does require Agency
action, EPA will notify the
facility in writing of the action
believed necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing Nissan
with an opportunity to present
information as to why the
proposed action is not necessary.
Nissan shall have 10 days from
the date of EPA's notice to
present such information. (E)
Following the receipt of
information from Nissan, as