[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          40


          Parts 260 to 265

                         Revised as of July 1, 2009


          Protection of Environment
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2009
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

          U.S. GOVERNMENT OFFICIAL EDITION NOTICE

          Legal Status and Use of Seals and Logos
          
          
          The seal of the National Archives and Records Administration 
              (NARA) authenticates the Code of Federal Regulations (CFR) as 
              the official codification of Federal regulations established 
              under the Federal Register Act. Under the provisions of 44 
              U.S.C. 1507, the contents of the CFR, a special edition of the 
              Federal Register, shall be judicially noticed. The CFR is 
              prima facie evidence of the original documents published in 
              the Federal Register (44 U.S.C. 1510).

          It is prohibited to use NARA's official seal and the stylized Code 
              of Federal Regulations logo on any republication of this 
              material without the express, written permission of the 
              Archivist of the United States or the Archivist's designee. 
              Any person using NARA's official seals and logos in a manner 
              inconsistent with the provisions of 36 CFR part 1200 is 
              subject to the penalties specified in 18 U.S.C. 506, 701, and 
              1017.

          Use of ISBN Prefix

          This is the Official U.S. Government edition of this publication 
              and is herein identified to certify its authenticity. Use of 
              the 0-16 ISBN prefix is for U.S. Government Printing Office 
              Official Editions only. The Superintendent of Documents of the 
              U.S. Government Printing Office requests that any reprinted 
              edition clearly be labeled as a copy of the authentic work 
              with a new ISBN.

              
              
          U . S . G O V E R N M E N T P R I N T I N G O F F I C E

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

          U.S. Superintendent of Documents  Washington, DC 
              20402-0001

          http://bookstore.gpo.gov

          Phone: toll-free (866) 512-1800; DC area (202) 512-1800

[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     793
      Alphabetical List of Agencies Appearing in the CFR......     813
      List of CFR Sections Affected...........................     823

[[Page iv]]





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

                     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, 2009), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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

OMB CONTROL NUMBERS

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

[[Page vi]]

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

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in eleven 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 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed 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 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.




[[Page vii]]



REPUBLICATION OF MATERIAL

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

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
fedreg.info@nara.gov.

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call toll-free, 
866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or 
fax your order to 202-512-2250, 24 hours a day. For payment by check, 
write to: US Government Printing Office - New Orders, P.O. Box 979050, 
St. Louis, MO 63197-9000. For GPO Customer Service call 202-512-1803.

ELECTRONIC SERVICES

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

    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    July 1, 2009.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-two 
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 
of part 52), parts 53-59, part 60 (60.1-end of part 60, sections), 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 of part 63) parts 64-71, parts 
72-80, parts 81-84, part 85-Sec.  86.599-99, part 86 (86.600-1-end of 
part 86), 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, parts 790-999, and part 1000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of July 1, 2009.

    Chapter I--Environmental Protection Agency appears in all thirty-two 
volumes. Regulations issued by the Council on Environmental Quality, 
including an Index to Parts 1500 through 1508, appear in the volume 
containing part 1000 to end. The OMB control numbers for title 40 appear 
in Sec.  9.1 of this chapter.

    For this volume, Michele Bugenhagen was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.


[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




                  (This book contains parts 260 to 265)

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

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

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


  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...................................          34
262             Standards applicable to generators of 
                    hazardous waste.........................         287
263             Standards applicable to transporters of 
                    hazardous waste.........................         342
264             Standards for owners and operators of 
                    hazardous waste treatment, storage, and 
                    disposal facilities.....................         346
265             Interim status standards for owners and 
                    operators of hazardous waste treatment, 
                    storage, and disposal facilities........         594

[[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 Non-waste determinations and 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, 
          for variances to be classified as a boiler, or for non-waste 
          determinations.
260.34 Standards and criteria for non-waste determinations.
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.
260.42 Notification requirement for hazardous secondary materials.
260.43 Legitimate recycling of hazardous secondary materials regulated 
          under Sec. 260.34, Sec. 261.2(a)(2)(ii), and Sec. 
          261.4(a)(23), (24), or (25).

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

[[Page 6]]

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 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,

[[Page 7]]

unbroken battery from which the electrolyte has been removed.
    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.

[[Page 8]]

    CRT collector means a person who receives used, intact CRTs for 
recycling, repair, resale, or donation.
    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.

[[Page 9]]

    EPA region means the states and territories found in any one of the 
following ten regions:
Region I--Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and 
Rhode Island.
Region II--New York, New Jersey, Commonwealth of Puerto Rico, and the 
U.S. Virgin Islands.
Region III--Pennsylvania, Delaware, Maryland, West Virginia, Virginia, 
and the District of Columbia.
Region IV--Kentucky, Tennessee, North Carolina, Mississippi, Alabama, 
Georgia, South Carolina, and Florida.
Region V--Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio.
Region VI--New Mexico, Oklahoma, Arkansas, Louisiana, and Texas.
Region VII--Nebraska, Kansas, Missouri, and Iowa.
Region VIII--Montana, Wyoming, North Dakota, South Dakota, Utah, and 
Colorado.
Region IX--California, Nevada, Arizona, Hawaii, Guam, American Samoa, 
Commonwealth of the Northern Mariana Islands.
Region X--Washington, Oregon, Idaho, and Alaska.
    Equivalent method means any testing or analytical method approved by 
the Administrator under 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.

[[Page 10]]

    Explosives or munitions emergency response specialist means an 
individual trained in chemical or conventional munitions or explosives 
handling, transportation, render-safe procedures, or destruction 
techniques. Explosives or munitions emergency response specialists 
include Department of Defense (DOD) emergency explosive ordnance 
disposal (EOD), technical escort unit (TEU), and DOD-certified civilian 
or contractor personnel; and other Federal, State, or local government, 
or civilian personnel similarly trained in explosives or munitions 
emergency responses.
    Facility means:
    (1) All contiguous land, and structures, other appurtenances, and 
improvements on the land, used for treating, storing, or disposing of 
hazardous waste, or for managing hazardous secondary materials prior to 
reclamation. 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.
    Gasification. For the purpose of complying with 40 CFR 
261.4(a)(12)(i), gasification is a process, conducted in an enclosed 
device or system, designed and operated to process petroleum feedstock, 
including oil-bearing hazardous secondary materials through a series of 
highly controlled steps utilizing thermal decomposition, limited 
oxidation, and gas cleaning to yield a synthesis gas composed primarily 
of hydrogen and carbon monoxide gas.
    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 secondary material means a secondary material (e.g., spent 
material, by-product, or sludge) that, when discarded, would be 
identified as hazardous waste under part 261 of this chapter.
    Hazardous secondary material generated and reclaimed under the 
control of the generator means:
    (1) That such material is generated and reclaimed at the generating 
facility (for purposes of this defintion, generating facility means all 
contiguous property owned, leased, or otherwise controlled by the 
hazardous secondary material generator); or
    (2) That such material is generated and reclaimed at different 
facilities, if the reclaiming facility is controlled by the generator or 
if both the generating

[[Page 11]]

facility and the reclaiming facility are controlled by a person as 
defined in Sec. 260.10, and if the generator provides one of the 
following certifications: ``on behalf of [insert generator facility 
name], I certify that this facility will send the indicated hazardous 
secondary material to [insert reclaimer facility name], which is 
controlled by [insert generator facility name] and that [insert the name 
of either facility] has acknowledged full responsibility for the safe 
management of the hazardous secondary material,'' or ``on behalf of 
[insert generator facility name] I certify that this facility will send 
the indicated hazardous secondary material to [insert reclaimer facility 
name], that both facilities are under common control, and that [insert 
name of either facility] has acknowledged full responsibility for the 
safe management of the hazardous secondary material.'' For purposes of 
this paragraph, ``control'' means the power to direct the policies of 
the facility, whether by the ownership of stock, voting rights, or 
otherwise, except that contractors who operate facilities on behalf of a 
different person as defined in Sec. 260.10 shall not be deemed to 
``control'' such facilities, or
    (3) That such material is generated pursuant to a written contract 
between a tolling contractor and a toll manufacturer and is reclaimed by 
the tolling contractor, if the tolling contractor certifies the 
following: ``On behalf of [insert tolling contractor name], I certify 
that [insert tolling contractor name], has a written contract with 
[insert toll manufacturer name] to manufacture [insert name of product 
or intermediate] which is made from specified unused materials, and that 
[insert tolling contractor name] will reclaim the hazardous secondary 
materials generated during this manufacture. On behalf of [insert 
tolling contractor name], I also certify that [insert tolling contractor 
name] retains ownership of, and responsibility for, the hazardous 
secondary materials that are generated during the course of the 
manufacture, including any releases of hazardous secondary materials 
that occur during the manufacturing process. For purposes of this 
paragraph, tolling contractor means a person who arranges for the 
production of a product or intermediate made from specified unused 
materials through a written contract with a toll manufacturer. Toll 
manufacturer means a person who produces a product or intermediate made 
from specified unused materials pursuant to a written contract with a 
tolling contractor.
    Hazardous secondary material generator means any person whose act or 
process produces hazardous secondary materials at the generating 
facility. For purposes of this paragraph, ``generating facility'' means 
all contiguous property owned, leased, or otherwise controlled by the 
hazardous secondary material generator. For the purposes of Sec. 
261.2(a)(2)(ii) and Sec. 261.4(a)(23), a facility that collects 
hazardous secondary materials from other persons is not the hazardous 
secondary material generator.
    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 12]]

    (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 13]]

engineering, acquired by a professional education and related practical 
experience, is qualified to supervise the installation of tank systems.
    Intermediate facility means any facility that stores hazardous 
secondary materials for more than 10 days, other than a hazardous 
secondary material generator or reclaimer of such material.
    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.
    Land-based unit means an area where hazardous secondary materials 
are placed in or on the land before recycling. This definition does not 
include land-based production units.
    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.

[[Page 14]]

Department of Energy (DOE), and National Guard personnel. The term 
military munitions includes: confined gaseous, liquid, and solid 
propellants, explosives, pyrotechnics, chemical and riot control agents, 
smokes, and incendiaries used by DOD components, including bulk 
explosives and chemical warfare agents, chemical munitions, rockets, 
guided and ballistic missiles, bombs, warheads, mortar rounds, artillery 
ammunition, small arms ammunition, grenades, mines, torpedoes, depth 
charges, cluster munitions and dispensers, demolition charges, and 
devices and components thereof. Military munitions do not include wholly 
inert items, improvised explosive devices, and nuclear weapons, nuclear 
devices, and nuclear components thereof. However, the term does include 
non-nuclear components of nuclear devices, managed under DOE's nuclear 
weapons program after all required sanitization operations under the 
Atomic Energy Act of 1954, as amended, have been completed.
    Mining overburden returned to the mine site means any material 
overlying an economic mineral deposit which is removed to gain access to 
that deposit and is then used for reclamation of a surface mine.
    Miscellaneous unit means a hazardous waste management unit where 
hazardous waste is treated, stored, or disposed of and that is not a 
container, tank, surface impoundment, pile, land treatment unit, 
landfill, incinerator, boiler, industrial furnace, underground injection 
well with appropriate technical standards under part 146 of this 
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

[[Page 15]]

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 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.

[[Page 16]]

    Replacement unit means a landfill, surface impoundment, or waste 
pile unit (1) from which all or substantially all of the waste is 
removed, and (2) that is subsequently reused to treat, store, or dispose 
of hazardous waste. ``Replacement unit'' does not apply to a unit from 
which waste is removed during closure, if the subsequent reuse solely 
involves the disposal of waste from that unit and other closing units or 
corrective action areas at the facility, in accordance with an approved 
closure plan or EPA or State approved corrective action.
    Representative sample means a sample of a universe or whole (e.g., 
waste pile, lagoon, ground water) which can be expected to exhibit the 
average properties of the universe or whole.
    Run-off means any rainwater, leachate, or other liquid that drains 
over land from any part of a facility.
    Run-on means any rainwater, leachate, or other liquid that drains 
over land onto any part of a facility.
    Saturated zone or zone of saturation means that part of the earth's 
crust in which all voids are filled with water.
    Sludge means any solid, semi-solid, or liquid waste generated from a 
municipal, commercial, or industrial wastewater treatment plant, water 
supply treatment plant, or air pollution control facility exclusive of 
the treated effluent from a wastewater treatment plant.
    Sludge dryer means any enclosed thermal treatment device that is 
used to dehydrate sludge and that has a maximum total thermal input, 
excluding the heating value of the sludge itself, of 2,500 Btu/lb of 
sludge treated on a wet-weight basis.
    Small Quantity Generator means a generator who generates less than 
1000 kg of hazardous waste in a calendar month.
    Solid waste means a solid waste as defined in Sec. 261.2 of this 
chapter.
    Sorbent means a material that is used to soak up free liquids by 
either adsorption or absorption, or both. Sorb means to either adsorb or 
absorb, or both.
    Staging pile means an accumulation of solid, non-flowing remediation 
waste (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.

[[Page 17]]

    Thermal treatment means the treatment of hazardous waste in a device 
which uses elevated temperatures as the primary means to change the 
chemical, physical, or biological character or composition of the 
hazardous waste. Examples of thermal treatment processes are 
incineration, molten salt, pyrolysis, calcination, wet air oxidation, 
and microwave discharge. (See also ``incinerator'' and ``open 
burning''.)
    Thermostat means a temperature control device that contains metallic 
mercury in an ampule attached to a bimetal sensing element, and mercury-
containing ampules that have been removed from these temperature control 
devices in compliance with the requirements of 40 CFR 273.13(c)(2) or 
273.33(c)(2).
    Totally enclosed treatment facility means a facility for the 
treatment of hazardous waste which is directly connected to an 
industrial production process and which is constructed and operated in a 
manner which prevents the release of any hazardous waste or any 
constituent thereof into the environment during treatment. An example is 
a pipe in which waste acid is neutralized.
    Transfer facility means any transportation-related facility, 
including loading docks, parking areas, storage areas and other similar 
areas where shipments of hazardous waste or hazardous secondary 
materials 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.

[[Page 18]]

    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:
    (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 and 278 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

[[Page 19]]

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.
    (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 III, IBR 
approved for part 261, appendix IX and Sec. 278.3(b)(1).
    (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

[[Page 20]]

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 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; 72 FR 39352, July 18, 2007]

[[Page 21]]



                     Subpart C_Rulemaking Petitions



Sec. 260.20  General.

    (a) Any person may petition the Administrator to modify or revoke 
any provision in parts 260 through 266, 268 and 273 of this chapter. 
This section sets forth general requirements which apply to all such 
petitions. Section 260.21 sets forth additional requirements for 
petitions to add a testing or analytical method to part 261, 264 or 265 
of this chapter. Section 260.22 sets forth additional requirements for 
petitions to exclude a waste or waste-derived material at a particular 
facility from Sec. 261.3 of this chapter or the lists of hazardous 
wastes in subpart D of part 261 of this chapter. Section 260.23 sets 
forth additional requirements for petitions to amend part 273 of this 
chapter to include additional hazardous wastes or categories of 
hazardous waste as universal waste.
    (b) Each petition must be submitted to the Administrator by 
certified mail and must include:
    (1) The petitioner's name and address;
    (2) A statement of the petitioner's interest in the proposed action;
    (3) A description of the proposed action, including (where 
appropriate) suggested regulatory language; and
    (4) A statement of the need and justification for the proposed 
action, including any supporting tests, studies, or other information.
    (c) The Administrator will make a tentative decision to grant or 
deny a petition and will publish notice of such tentative decision, 
either in the form of an advanced notice of proposed rulemaking, a 
proposed rule, or a tentative determination to deny the petition, in the 
Federal Register for written public comment.
    (d) Upon the written request of any interested person, the 
Administrator may, at his discretion, hold an informal public hearing to 
consider oral comments on the tentative decision. A person requesting a 
hearing must state the issues to be raised and explain why written 
comments would not suffice to communicate the person's views. The 
Administrator may in any case decide on his own motion to hold an 
informal public hearing.
    (e) After evaluating all public comments the Administrator will make 
a final decision by publishing in the Federal Register a regulatory 
amendment or a denial of the petition.

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



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.

[[Page 22]]

Environmental Protection Agency, Office of Resource Conservation and 
Recovery, Washington, DC 20460.

[45 FR 33073, May 19, 1980, as amended at 49 FR 47391, Dec. 4, 1984; 70 
FR 34561, June 14, 2005; 74 FR 30230, June 25, 2009]



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

particular facility.

    (a) Any person seeking to exclude a waste at a particular generating 
facility from the lists in subpart D of part 261 may petition for a 
regulatory amendment under this section and Sec. 260.20. To be 
successful:
    (1) The petitioner must demonstrate to the satisfaction of the 
Administrator that the waste produced by a particular generating 
facility does not meet any of the criteria under which the waste was 
listed as a hazardous or an 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

[[Page 23]]

    (3) The petitioner must demonstrate that the waste does not exhibit 
any of the characteristics defined in Sec. 261.21, Sec. 261.22, Sec. 
261.23, and Sec. 261.24 using any applicable methods prescribed 
therein;
    (4) A waste which is so excluded, however, still may be a hazardous 
waste by operation of subpart C of part 261.
    (e) If the waste is listed with the code ``H'' in subpart D,
    (1) The petitioner must demonstrate that the waste does not meet the 
criterion of Sec. 261.11(a)(2); and
    (2) Based on a complete application, the Administrator must 
determine, where he has a reasonable basis to believe that additional 
factors (including additional constituents) other than those for which 
the waste was listed could cause the waste to be a hazardous waste, that 
such factors do not warrant retaining the waste as a hazardous waste; 
and
    (3) The petitioner must demonstrate that the waste does not exhibit 
any of the characteristics defined in Sec. 261.21, Sec. 261.22, Sec. 
261.23, and Sec. 261.24 using any applicable methods prescribed 
therein;
    (4) A waste which is so excluded, however, still may be a hazardous 
waste by operation of subpart C of part 261.
    (f) [Reserved for listing radioactive wastes.]
    (g) [Reserved for listing infectious wastes.]
    (h) Demonstration samples must consist of enough representative 
samples, but in no case less than four samples, taken over a period of 
time sufficient to represent the variability or the uniformity of the 
waste.
    (i) Each petition must include, in addition to the information 
required by Sec. 260.20(b):
    (1) The name and address of the laboratory facility performing the 
sampling or tests of the waste;
    (2) The names and qualifications of the persons sampling and testing 
the waste;
    (3) The dates of sampling and testing;
    (4) The location of the generating facility;
    (5) A description of the manufacturing processes or other operations 
and feed materials producing the waste and an assessment of whether such 
processes, operations, or feed materials can or might produce a waste 
that is not covered by the demonstration;
    (6) A description of the waste and an estimate of the average and 
maximum monthly and annual quantities of waste covered by the 
demonstration;
    (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]

[[Page 24]]



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

hazardous wastes.

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

[60 FR 25540, May 11, 1995]



Sec. 260.30  Non-waste determinations and variances from classification as a 

solid waste.

    In accordance with the standards and criteria in Sec. 260.31 and 
Sec. 260.34 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;
    (c) Materials that have been reclaimed but must be reclaimed further 
before the materials are completely recovered.
    (d) Hazardous secondary materials that are reclaimed in a continuous 
industrial process; and
    (e) Hazardous secondary materials that are indistinguishable in all 
relevant aspects from a product or intermediate.

[50 FR 661, Jan. 4, 1985; 50 FR 14219, Apr. 11, 1985, as amended at 59 
FR 48041, Sept. 19, 1994; 73 FR 64758, Oct. 30, 2008]



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

[[Page 25]]

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;
    (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, 

for variances to be classified as a boiler, or for non-waste determinations.

    The Administrator will use the following procedures in evaluating 
applications for variances from classification as a solid waste, 
applications to classify particular enclosed controlled flame combustion 
devices as boilers, or applications for non-waste determinations.
    (a) The applicant must apply to the Administrator for the variance 
or non-waste determination. The application must address the relevant 
criteria contained in Sec. 260.31, Sec. 260.32, or Sec. 260.34, as 
applicable.
    (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

[[Page 26]]

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).
    (c) For non-waste determinations, in the event of a change in 
circumstances that affect how a hazardous secondary material meets the 
relevant criteria contained in Sec. 260.34 upon which a non-waste 
determination has been based, the applicant must re-apply to the 
Administrator for a formal determination that the hazardous secondary 
material continues to meet the relevant criteria and therefore is not a 
solid waste.

[59 FR 48041, Sept. 19, 1994, as amended at 73 FR 64758, Oct. 30, 2008]



Sec. 260.34  Standards and criteria for non-waste determinations.

    (a) An applicant may apply to the Administrator for a formal 
determination that a hazardous secondary material is not discarded and 
therefore not a solid waste. The determinations will be based on the 
criteria contained in paragraphs (b) or (c) of this section, as 
applicable. If an application is denied, the hazardous secondary 
material might still be eligible for a solid waste variance or exclusion 
(for example, one of the solid waste variances under Sec. 260.31). 
Determinations may also be granted by the State if the State is either 
authorized for this provision or if the following conditions are met:
    (1) The State determines the hazardous secondary material meets the 
criteria in paragraphs (b) or (c) of this section, as applicable;
    (2) The State requests that EPA review its determination; and
    (3) EPA approves the State determination.
    (b) The Administrator may grant a non-waste determination for 
hazardous secondary material which is reclaimed in a continuous 
industrial process if the applicant demonstrates that the hazardous 
secondary material is a part of the production process and is not 
discarded. The determination will be based on whether the hazardous 
secondary material is legitimately recycled as specified in Sec. 260.43 
and on the following criteria:
    (1) The extent that the management of the hazardous secondary 
material is part of the continuous primary production process and is not 
waste treatment;
    (2) Whether the capacity of the production process would use the 
hazardous secondary material in a reasonable time frame and ensure that 
the hazardous secondary material will not be abandoned (for example, 
based on past practices, market factors, the nature of the hazardous 
secondary material, or any contractual arrangements);
    (3) Whether the hazardous constituents in the hazardous secondary 
material are reclaimed rather than released to the air, water or land at 
significantly higher levels from either a statistical or from a health 
and environmental risk perspective than would otherwise be released by 
the production process; and
    (4) Other relevant factors that demonstrate the hazardous secondary 
material is not discarded.
    (c) The Administrator may grant a non-waste determination for 
hazardous secondary material which is indistinguishable in all relevant 
aspects from a product or intermediate if the applicant demonstrates 
that the hazardous secondary material is comparable to a product or 
intermediate and is not discarded. The determination will be based on 
whether the hazardous secondary material is legitimately recycled as 
specified in Sec. 260.43 and on the following criteria:
    (1) Whether market participants treat the hazardous secondary 
material as a product or intermediate rather than a waste (for example, 
based on the current positive value of the hazardous secondary material, 
stability of demand, or any contractual arrangements);
    (2) Whether the chemical and physical identity of the hazardous 
secondary material is comparable to commercial products or 
intermediates;
    (3) Whether the capacity of the market would use the hazardous 
secondary material in a reasonable time frame and ensure that the 
hazardous secondary material will not be abandoned (for example, based 
on past practices,

[[Page 27]]

market factors, the nature of the hazardous secondary material, or any 
contractual arrangements);
    (4) Whether the hazardous constituents in the hazardous secondary 
material are reclaimed rather than released to the air, water or land at 
significantly higher levels from either a statistical or from a health 
and environmental risk perspective than would otherwise be released by 
the production process; and
    (5) Other relevant factors that demonstrate the hazardous secondary 
material is not discarded.

[73 FR 64758, Oct. 30, 2008]



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 
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

[[Page 28]]

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]



Sec. 260.42  Notification requirement for hazardous secondary materials.

    (a) Hazardous secondary material generators, tolling contractors, 
toll manufacturers, reclaimers, and intermediate facilities managing 
hazardous secondary materials which are excluded from regulation under 
Sec. 261.2(a)(2)(ii), Sec. 261.4(a)(23), (24), or (25) must send a 
notification prior to operating under the exclusion(s) and by March 1 of 
each even numbered year thereafter to the Regional Administrator using 
EPA Form 8700-12 that includes the following information:
    (1) The name, address, and EPA ID number (if applicable) of the 
facility;
    (2) The name and telephone number of a contact person;
    (3) The NAICS code of the facility;
    (4) The exclusion under which the hazardous secondary materials will 
be managed (e.g., Sec. 261.2(a)(2)(ii), Sec. 261.4(a)(23), (24), and/
or (25));
    (5) For reclaimers and intermediate facilities managing hazardous 
secondary materials in accordance with Sec. 261.4(a)(24) or (25), 
whether the reclaimer or intermediate facility has financial assurance 
(not applicable for persons managing hazardous secondary materials 
generated and reclaimed under the control of the generator);
    (6) When the facility expects to begin managing the hazardous 
secondary materials in accordance with the exclusion;
    (7) A list of hazardous secondary materials that will be managed 
according to the exclusion (reported as the EPA hazardous waste numbers 
that would apply if the hazardous secondary materials were managed as 
hazardous wastes);
    (8) For each hazardous secondary material, whether the hazardous 
secondary material, or any portion thereof, will be managed in a land-
based unit;
    (9) The quantity of each hazardous secondary material to be managed 
annually; and
    (10) The certification (included in EPA Form 8700-12) signed and 
dated by an authorized representative of the facility.
    (b) If a hazardous secondary material generator, tolling contractor, 
toll manufacturer, reclaimer or intermediate facility has submitted a 
notification, but then subsequently stops managing hazardous secondary 
materials in accordance with the exclusion(s), the facility must notify 
the Regional Administrator within thirty (30) days using EPA Form 8700-
12. For purposes of this section, a facility has stopped managing 
hazardous secondary materials if the facility no longer generates, 
manages and/or reclaims hazardous secondary materials under the 
exclusion(s) and does not expect to manage any amount of hazardous 
secondary materials for at least one year.

[73 FR 64759, Oct. 30, 2008]



Sec. 260.43  Legitimate recycling of hazardous secondary materials regulated 

under Sec. 260.34, Sec. 261.2(a)(2)(ii), and Sec. 261.4(a)(23), (24), or (25).

    (a) Persons regulated under Sec. 260.34 or claiming to be excluded 
from hazardous waste regulation under Sec. 261.2(a)(2)(ii), Sec. 
261.4(a)(23), (24), or (25) because they are engaged in reclamation must 
be able to demonstrate that the recycling is legitimate. Hazardous 
secondary material that is not legitimately recycled is discarded 
material and is a solid waste. In determining if their recycling is 
legitimate, persons must address the requirements of Sec. 260.43(b) and 
must consider the requirements of Sec. 260.43(c) below.
    (b) Legitimate recycling must involve a hazardous secondary material 
that provides a useful contribution to the recycling process or to a 
product or intermediate of the recycling process, and the recycling 
process must produce a valuable product or intermediate.
    (1) The hazardous secondary material provides a useful contribution 
if it
    (i) Contributes valuable ingredients to a product or intermediate; 
or

[[Page 29]]

    (ii) Replaces a catalyst or carrier in the recycling process; or
    (iii) Is the source of a valuable constituent recovered in the 
recycling process; or
    (iv) Is recovered or regenerated by the recycling process; or
    (v) Is used as an effective substitute for a commercial product.
    (2) The product or intermediate is valuable if it is
    (i) Sold to a third party; or
    (ii) Used by the recycler or the generator as an effective 
substitute for a commercial product or as an ingredient or intermediate 
in an industrial process.
    (c) The following factors must be considered in making a 
determination as to the overall legitimacy of a specific recycling 
activity.
    (1) The generator and the recycler should manage the hazardous 
secondary material as a valuable commodity. Where there is an analogous 
raw material, the hazardous secondary material should be managed, at a 
minimum, in a manner consistent with the management of the raw material. 
Where there is no analogous raw material, the hazardous secondary 
material should be contained. Hazardous secondary materials that are 
released to the environment and are not recovered immediately are 
discarded.
    (2) The product of the recycling process does not
    (i) Contain significant concentrations of any hazardous constituents 
found in Appendix VIII of part 261 that are not found in analogous 
products; or
    (ii) Contain concentrations of any hazardous constituents found in 
Appendix VIII of part 261 at levels that are significantly elevated from 
those found in analogous products; or
    (iii) Exhibit a hazardous characteristic (as defined in part 261 
subpart C) that analogous products do not exhibit.
    (3) In making a determination that a hazardous secondary material is 
legitimately recycled, persons must evaluate all factors and consider 
legitimacy as a whole. If, after careful evaluation of these other 
considerations, one or both of the factors are not met, then this fact 
may be an indication that the material is not legitimately recycled.
    However, the factors in this paragraph do not have to be met for the 
recycling to be considered legitimate. In evaluating the extent to which 
these factors are met and in determining whether a process that does not 
meet one or both of these factors is still legitimate, persons can 
consider the protectiveness of the storage methods, exposure from toxics 
in the product, the bioavailability of the toxics in the product, and 
other relevant considerations.

[73 FR 64759, Oct. 30, 2008]



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

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

                        Definition of Solid Waste

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

                      Definition of Hazardous Waste

    If a person has determined that his material is a ``solid waste'', 
the next question he should ask is: ``Is the solid waste I handle a 
hazardous waste?''
    Hazardous waste is defined in Sec. 261.3 of this chapter. Section 
261.3 provides that, in general, a solid waste is a hazardous waste if: 
(1) It is, or contains, a hazardous waste listed in subpart D of part 
261 of this chapter, or (2) the waste exhibits any of the 
characteristics defined in subpart C of part 261. However,

[[Page 30]]

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 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.

[[Page 31]]

[GRAPHIC] [TIFF OMITTED] TC01AU92.000


[[Page 32]]


[GRAPHIC] [TIFF OMITTED] TC01AU92.001


[[Page 33]]


[GRAPHIC] [TIFF OMITTED] TC01AU92.002


[[Page 34]]


[GRAPHIC] [TIFF OMITTED] TC01AU92.003



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 35]]

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 Exclusion of comparable fuel, emission-comparable fuel, and 
          syngas fuel.
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.

Subparts F-G [Reserved]

 Subpart H _Financial Requirements for Management of Excluded Hazardous 
                           Secondary Materials

261.140 Applicability.
261.141 Definitions of terms as used in this subpart.
261.142 Cost estimate.
261.143 Financial assurance condition.
261.144-261.146 [Reserved].
261.147 Liability requirements.
261.148 Incapacity of owners or operators, guarantors, or financial 
          institutions.
261.149 Use of State-required mechanisms.
261.150 State assumption of responsibility.
261.151 Wording of the instruments.

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

[[Page 36]]

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 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. In 
addition, for purposes of Sec. Sec. 261.2(a)(2)(ii), 261.4(a)(23), and 
261.4(a)(24) smelting, melting and refining furnaces are considered to 
be solely engaged in metals reclamation if the metal recovery from the 
hazardous secondary materials meets the same requirements as those 
specified for metals recovery from hazardous waste found in Sec. 
266.100(d)(1)-(3) of this chapter, and if the residuals meet the 
requirements specified in Sec. 266.112 of this chapter.
    (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.

[[Page 37]]

    (10) ``Processed scrap metal'' is scrap metal which has been 
manually or physically altered to either separate it into distinct 
materials to enhance economic value or to improve the handling of 
materials. Processed scrap metal includes, but is not limited to scrap 
metal which has been baled, shredded, sheared, chopped, crushed, 
flattened, cut, melted, or separated by metal type (i.e., sorted), and, 
fines, drosses and related materials which have been agglomerated. 
(Note: shredded circuit boards being sent for recycling are not 
considered processed scrap metal. They are covered under the exclusion 
from the definition of solid waste for shredded circuit boards being 
recycled (Sec. 261.4(a)(13)).
    (11) ``Home scrap metal'' is scrap metal as generated by steel 
mills, foundries, and refineries such as turnings, cuttings, punchings, 
and borings.
    (12) ``Prompt scrap metal'' is scrap metal as generated by the metal 
working/fabrication industries and includes such scrap metal as 
turnings, cuttings, punchings, and borings. Prompt scrap is also known 
as industrial or new scrap metal.

[45 FR 33119, May 19, 1980, as amended at 48 FR 14293, Apr. 1, 1983; 50 
FR 663, Jan. 4, 1985; 51 FR 10174, Mar. 24, 1986; 51 FR 40636, Nov. 7, 
1986; 62 FR 26018, May 12, 1997; 73 FR 64760, Oct. 30, 2008]



Sec. 261.2  Definition of solid waste.

    (a)(1) A solid waste is any discarded material that is not excluded 
under Sec. 261.4(a) or that is not excluded by a variance granted under 
Sec. Sec. 260.30 and 260.31 or that is not excluded by a non-waste 
determination under Sec. Sec. 260.30 and 260.34.
    (2)(i) A discarded material is any material which is:
    (A) Abandoned, as explained in paragraph (b) of this section; or
    (B) Recycled, as explained in paragraph (c) of this section; or
    (C) Considered inherently waste-like, as explained in paragraph (d) 
of this section; or
    (D) A military munition identified as a solid waste in Sec. 
266.202.
    (ii) A hazardous secondary material is not discarded if it is 
generated and reclaimed under the control of the generator as defined in 
Sec. 260.10, it is not speculatively accumulated as defined in Sec. 
261.1(c)(8), it is handled only in non-land-based units and is contained 
in such units, it is generated and reclaimed within the United States 
and its territories, it is not otherwise subject to material-specific 
management conditions under Sec. 261.4(a) when reclaimed, it is not a 
spent lead acid battery (see Sec. 266.80 and Sec. 273.2), it does not 
meet the listing description for K171 or K172 in Sec. 261.32, and the 
reclamation of the material is legitimate, as specified under Sec. 
260.43. (See also the notification requirements of Sec. 260.42). (For 
hazardous secondary materials managed in land-based units, see Sec. 
261.4(a)(23)).
    (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).

[[Page 38]]

    (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 not solid wastes when reclaimed. Materials noted with an ``*'' in 
column 3 of Table 1 are solid wastes when reclaimed unless they meet the 
requirements of Sec. Sec. 261.2(a)(2)(ii), or 261.4(a)(17), or 
261.4(a)(23), or 261.4(a)(24) or 261.4(a)(25).
    (4) Accumulated speculatively. Materials noted with a ``*'' in 
column 4 of Table 1 are solid wastes when accumulated speculatively.

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                                                                              Reclamation
                                                                            (261.2(c)(3)),
                                                                               except as
                                                                           provided in Sec.      Speculative
                                   Use constituting    Energy recovery/          Sec.        accumulation (Sec.
                                    disposal  (Sec.      fuel  (Sec.     261.2(a)(2)(ii),       261.2(c)(4))
                                     261.2(c)(1))        261.2(c)(2))        261.4(a)(17),
                                                                             261.4(a)(23),
                                                                           261.4(a)(24), or
                                                                             261.4(a)(25)
----------------------------------------------------------------------------------------------------------------
                                                  1                   2                   3                   4
----------------------------------------------------------------------------------------------------------------
Spent Materials.................                (*)                 (*)                 (*)                 (*)
Sludges (listed in 40 CFR Part                  (*)                 (*)                 (*)                 (*)
 261.31 or 261.32)..............
Sludges exhibiting a                            (*)                 (*)                  --                 (*)
 characteristic of hazardous
 waste..........................
By-products (listed in 40 CFR                   (*)                 (*)                 (*)                 (*)
 261.31 or 261.32)..............
By-products exhibiting a                        (*)                 (*)                  --                 (*)
 characteristic of hazardous
 waste..........................
Commercial chemical products                    (*)                 (*)                  --                  --
 listed in 40 CFR 261.33........
Scrap metal other than excluded                 (*)                 (*)                 (*)                 (*)
 scrap metal (see 261.1(c)(9))..
----------------------------------------------------------------------------------------------------------------
Note: The terms ``spent materials,'' ``sludges,'' ``by-products,'' and ``scrap metal'' and ``processed scrap
  metal'' are defined in Sec.  261.1.

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

[[Page 39]]

    (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; 73 FR 64760, Oct. 30, 2008]



Sec. 261.3  Definition of hazardous waste.

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

[[Page 40]]

(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, 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

[[Page 41]]

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 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

[[Page 42]]

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 
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,

[[Page 43]]

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

[[Page 44]]

 
      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 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

[[Page 45]]

    (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 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.

[[Page 46]]

    (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 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.

[[Page 47]]

    (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, gasification (as defined in 40 CFR 
260.10) or thermal cracking units (i.e., cokers)) unless the material is 
placed on the land, or speculatively accumulated before being so 
recycled. Materials inserted into thermal cracking units are excluded 
under this paragraph, provided that the coke product also does not 
exhibit a characteristic of hazardous waste. Oil-bearing hazardous 
secondary materials may be inserted into the same petroleum refinery 
where they are generated, or sent directly to another petroleum refinery 
and still be excluded under this provision. Except as provided in 
paragraph (a)(12)(ii) of this section, oil-bearing hazardous secondary 
materials generated elsewhere in the petroleum industry (i.e., from 
sources other than petroleum refineries) are not excluded under this 
section. Residuals generated from processing or recycling materials 
excluded under this paragraph (a)(12)(i), where such materials as 
generated would have otherwise met a listing under subpart D of this 
part, are designated as F037 listed wastes when disposed of or intended 
for disposal.
    (ii) Recovered oil that is recycled in the same manner and with the 
same conditions as described in paragraph (a)(12)(i) of this section. 
Recovered oil is oil that has been reclaimed from secondary materials 
(including wastewater) generated from normal petroleum industry 
practices, including refining, exploration and production, bulk storage, 
and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 
1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172.) Recovered oil 
does not include oil-bearing hazardous wastes listed in subpart D of 
this part; however, oil recovered from such wastes may be considered 
recovered oil. Recovered oil does not include used oil as defined in 40 
CFR 279.1.
    (13) Excluded scrap metal (processed scrap metal, unprocessed home 
scrap metal, and unprocessed prompt scrap metal) being recycled.
    (14) Shredded circuit boards being recycled provided that they are:
    (i) Stored in containers sufficient to prevent a release to the 
environment prior to recovery; and
    (ii) Free of mercury switches, mercury relays and nickel-cadmium 
batteries and lithium batteries.
    (15) Condensates derived from the overhead gases from kraft mill 
steam strippers that are used to comply with 40 CFR 63.446(e). The 
exemption applies only to combustion at the mill generating the 
condensates.
    (16) Comparable fuels, emission-comparable fuels, or 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

[[Page 48]]

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 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

[[Page 49]]

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).
    (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

[[Page 50]]

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.
    (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

[[Page 51]]

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).
    (23) Hazardous secondary material generated and reclaimed within the 
United States or its territories and managed in land-based units as 
defined in Sec. 260.10 of this chapter is not a solid waste provided 
that:
    (i) The material is contained;
    (ii) The material is a hazardous secondary material generated and 
reclaimed under the control of the generator, as defined in Sec. 
260.10;
    (iii) The material is not speculatively accumulated, as defined in 
Sec. 261.1(c)(8);
    (iv) The material is not otherwise subject to material-specific 
management conditions under paragraph (a) of this section when 
reclaimed, it is not a spent lead acid battery (see Sec. 266.80 and 
Sec. 273.2 of this chapter), and it does not meet the listing 
description for K171 or K172 in Sec. 261.32;
    (v) The reclamation of the material is legitimate, as specified 
under Sec. 260.43 of this chapter; and
    (vi) In addition, persons claiming the exclusion under this 
paragraph (a)(23) must provide notification as required by Sec. 260.42 
of this chapter. (For hazardous secondary material managed in a non-
land-based unit, see Sec. 261.2(a)(2)(ii)).
    (24) Hazardous secondary material that is generated and then 
transferred to another person for the purpose of reclamation is not a 
solid waste, provided that:
    (i) The material is not speculatively accumulated, as defined in 
Sec. 261.1(c)(8);
    (ii) The material is not handled by any person or facility other 
than the hazardous secondary material generator, the transporter, an 
intermediate facility or a reclaimer, and, while in transport, is not 
stored for more than 10 days at a transfer facility, as defined in Sec. 
260.10 of this chapter, and is packaged according to applicable 
Department of Transportation regulations at 49 CFR Parts 173, 178, and 
179 while in transport;
    (iii) The material is not otherwise subject to material-specific 
management conditions under paragraph (a) of this section when 
reclaimed, it is not a spent lead-acid battery (see Sec. 266.80 and 
Sec. 273.2 of this chapter), and it does not meet the listing 
description for K171 or K172 in Sec. 261.32;
    (iv) The reclamation of the material is legitimate, as specified 
under Sec. 260.43 of this chapter;
    (v) The hazardous secondary material generator satisfies all of the 
following conditions:
    (A) The material must be contained.
    (B) Prior to arranging for transport of hazardous secondary 
materials to a reclamation facility (or facilities) where the management 
of the hazardous secondary materials is not addressed under a RCRA Part 
B permit or interim status standards, the hazardous secondary material 
generator must make reasonable efforts to ensure that each reclaimer 
intends to properly and legitimately reclaim the hazardous secondary 
material and not discard it, and that each reclaimer will manage the 
hazardous secondary material in a manner that is protective of human 
health and the environment. If the hazardous secondary material will be 
passing through an intermediate facility where the management of the 
hazardous secondary materials is not addressed under a RCRA Part B 
permit or interim status standards, the hazardous secondary material 
generator must make contractual arrangements with the intermediate 
facility to ensure that the hazardous secondary material is sent to the 
reclamation facility identified by the hazardous secondary material 
generator, and the hazardous secondary material generator must perform 
reasonable efforts to ensure that the intermediate facility will manage 
the hazardous secondary material in a manner that is protective of human 
health and the environment. Reasonable efforts must be repeated at a 
minimum of every three years for the hazardous secondary material 
generator to claim the exclusion and to send the hazardous secondary 
materials to each reclaimer and any intermediate facility. In making 
these reasonable efforts, the generator may use any credible evidence 
available, including information gathered by the hazardous secondary 
material generator, provided by the reclaimer or intermediate facility, 
and/or provided by a third party. The

[[Page 52]]

hazardous secondary material generator must affirmatively answer all of 
the following questions for each reclamation facility and any 
intermediate facility:
    (1) Does the available information indicate that the reclamation 
process is legitimate pursuant to Sec. 260.43 of this chapter? In 
answering this question, the hazardous secondary material generator can 
rely on their existing knowledge of the physical and chemical properties 
of the hazardous secondary material, as well as information from other 
sources (e.g., the reclamation facility, audit reports, etc.) about the 
reclamation process. (By responding to this question, the hazardous 
secondary material generator has also satisfied its requirement in Sec. 
260.43(a) of this chapter to be able to demonstrate that the recycling 
is legitimate).
    (2) Does the publicly available information indicate that the 
reclamation facility and any intermediate facility that is used by the 
hazardous secondary material generator notified the appropriate 
authorities of hazardous secondary materials reclamation activities 
pursuant to Sec. 260.42 of this chapter and have they notified the 
appropriate authorities that the financial assurance condition is 
satisfied per paragraph (a)(24)(vi)(F) of this section? In answering 
these questions, the hazardous secondary material generator can rely on 
the available information documenting the reclamation facility's and any 
intermediate facility's compliance with the notification requirements 
per Sec. 260.42 of this chapter, including the requirement in Sec. 
260.42(a)(5) to notify EPA whether the reclaimer or intermediate 
facility has financial assurance.
    (3) Does publicly available information indicate that the 
reclamation facility or any intermediate facility that is used by the 
hazardous secondary material generator has not had any formal 
enforcement actions taken against the facility in the previous three 
years for violations of the RCRA hazardous waste regulations and has not 
been classified as a significant non-complier with RCRA Subtitle C? In 
answering this question, the hazardous secondary material generator can 
rely on the publicly available information from EPA or the state. If the 
reclamation facility or any intermediate facility that is used by the 
hazardous secondary material generator has had a formal enforcement 
action taken against the facility in the previous three years for 
violations of the RCRA hazardous waste regulations and has been 
classified as a significant non-complier with RCRA Subtitle C, does the 
hazardous secondary material generator have credible evidence that the 
facilities will manage the hazardous secondary materials properly? In 
answering this question, the hazardous secondary material generator can 
obtain additional information from EPA, the state, or the facility 
itself that the facility has addressed the violations, taken remedial 
steps to address the violations and prevent future violations, or that 
the violations are not relevant to the proper management of the 
hazardous secondary materials.
    (4) Does the available information indicate that the reclamation 
facility and any intermediate facility that is used by the hazardous 
secondary material generator have the equipment and trained personnel to 
safely recycle the hazardous secondary material? In answering this 
question, the generator may rely on a description by the reclamation 
facility or by an independent third party of the equipment and trained 
personnel to be used to recycle the generator's hazardous secondary 
material.
    (5) If residuals are generated from the reclamation of the excluded 
hazardous secondary materials, does the reclamation facility have the 
permits required (if any) to manage the residuals? If not, does the 
reclamation facility have a contract with an appropriately permitted 
facility to dispose of the residuals? If not, does the hazardous 
secondary material generator have credible evidence that the residuals 
will be managed in a manner that is protective of human health and the 
environment? In answering these questions, the hazardous secondary 
material generator can rely on publicly available information from EPA 
or the state, or information provided by the facility itself.
    (C) The hazardous secondary material generator must maintain for a

[[Page 53]]

minimum of three years documentation and certification that reasonable 
efforts were made for each reclamation facility and, if applicable, 
intermediate facility where the management of the hazardous secondary 
materials is not addressed under a RCRA Part B permit or interim status 
standards prior to transferring hazardous secondary material. 
Documentation and certification must be made available upon request by a 
regulatory authority within 72 hours, or within a longer period of time 
as specified by the regulatory authority. The certification statement 
must:
    (1) Include the printed name and official title of an authorized 
representative of the hazardous secondary material generator company, 
the authorized representative's signature, and the date signed;
    (2) Incorporate the following language: ``I hereby certify in good 
faith and to the best of my knowledge that, prior to arranging for 
transport of excluded hazardous secondary materials to [insert name(s) 
of reclamation facility and any intermediate facility], reasonable 
efforts were made in accordance with Sec. 261.4(a)(24)(v)(B) to ensure 
that the hazardous secondary materials would be recycled legitimately, 
and otherwise managed in a manner that is protective of human health and 
the environment, and that such efforts were based on current and 
accurate information.''
    (D) The hazardous secondary material generator must maintain at the 
generating facility for no less than three (3) years records of all off-
site shipments of 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 each reclaimer and, if applicable, the name 
and address of each intermediate facility to which the hazardous 
secondary material was sent;
    (3) The type and quantity of hazardous secondary material in the 
shipment.
    (E) The hazardous secondary material generator must maintain at the 
generating facility for no less than three (3) years confirmations of 
receipt from each reclaimer and, if applicable, each intermediate 
facility for all off-site shipments of hazardous secondary materials. 
Confirmations of receipt must include the name and address of the 
reclaimer (or intermediate facility), the type and quantity of the 
hazardous secondary materials received and the date which the hazardous 
secondary materials were received. This requirement may be satisfied by 
routine business records (e.g., financial records, bills of lading, 
copies of DOT shipping papers, or electronic confirmations of receipt); 
and
    (vi) Reclaimers of hazardous secondary material excluded from 
regulation under this exclusion and intermediate facilities as defined 
in Sec. 260.10 of this chapter satisfy all of the following conditions:
    (A) The reclaimer and intermediate facility must maintain at its 
facility for no less than three (3) years records of all shipments of 
hazardous secondary material that were received at the facility and, if 
applicable, for all shipments of hazardous secondary materials that were 
received and subsequently sent off-site from the facility for further 
reclamation. 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 hazardous secondary material generator 
and, if applicable, the name and address of the reclaimer or 
intermediate facility which the hazardous secondary materials were 
received from;
    (3) The type and quantity of hazardous secondary material in the 
shipment; and
    (4) For hazardous secondary materials that, after being received by 
the reclaimer or intermediate facility, were subsequently transferred 
off-site for further reclamation, the name and address of the 
(subsequent) reclaimer and, if applicable, the name and address of each 
intermediate facility to which the hazardous secondary material was 
sent.
    (B) The intermediate facility must send the hazardous secondary 
material to the reclaimer(s) designated by the

[[Page 54]]

hazardous secondary materials generator.
    (C) The reclaimer and intermediate facility must send to the 
hazardous secondary material generator confirmations of receipt for all 
off-site shipments of hazardous secondary materials. Confirmations of 
receipt must include the name and address of the reclaimer (or 
intermediate facility), the type and quantity of the hazardous secondary 
materials received and the date which the hazardous secondary materials 
were received. This requirement may be satisfied by routine business 
records (e.g., financial records, bills of lading, copies of DOT 
shipping papers, or electronic confirmations of receipt).
    (D) The reclaimer and intermediate facility must manage the 
hazardous secondary material in a manner that is at least as protective 
as that employed for analogous raw material and must be contained. An 
``analogous raw material'' is a raw material for which a hazardous 
secondary material is a substitute and serves the same function and has 
similar physical and chemical properties as the hazardous secondary 
material.
    (E) Any residuals that are generated from reclamation processes will 
be managed in a manner that is protective of human health and the 
environment. If any residuals exhibit a hazardous characteristic 
according to subpart C of 40 CFR part 261, or if they themselves are 
specifically listed in subpart D of 40 CFR part 261, such residuals are 
hazardous wastes and must be managed in accordance with the applicable 
requirements of 40 CFR parts 260 through 272.
    (F) The reclaimer and intermediate facility has financial assurance 
as required under subpart H of 40 CFR part 261.
    (vii) In addition, all persons claiming the exclusion under this 
paragraph (a)(24) of this section must provide notification as required 
under Sec. 260.42 of this chapter.
    (25) Hazardous secondary material that is exported from the United 
States and reclaimed at a reclamation facility located in a foreign 
country is not a solid waste, provided that the hazardous secondary 
material generator complies with the applicable requirements of 
paragraph (a)(24)(i)-(v) of this section (excepting paragraph 
(a)(v)(B)(2) of this section for foreign reclaimers and foreign 
intermediate facilities), and that the hazardous secondary material 
generator also complies with the following requirements:
    (i) Notify EPA of an intended export before the hazardous secondary 
material is scheduled to leave the United States. A complete 
notification must be submitted at least 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 hazardous 
secondary material generator, and include the following information:
    (A) Name, mailing address, telephone number and EPA ID number (if 
applicable) of the hazardous secondary material generator;
    (B) A description of the hazardous secondary material and the EPA 
hazardous waste number that would apply if the hazardous secondary 
material was managed as hazardous waste and the U.S. DOT proper shipping 
name, hazard class and ID number (UN/NA) for each hazardous secondary 
material as identified in 49 CFR parts 171 through 177;
    (C) The estimated frequency or rate at which the hazardous secondary 
material is to be exported and the period of time over which the 
hazardous secondary material is to be exported;
    (D) The estimated total quantity of hazardous secondary material;
    (E) All points of entry to and departure from each foreign country 
through which the hazardous secondary material will pass;
    (F) A description of the means by which each shipment of the 
hazardous secondary material will be transported (e.g., mode of 
transportation vehicle (air, highway, rail, water, etc.), type(s) of 
container (drums, boxes, tanks, etc.));
    (G) A description of the manner in which the hazardous secondary 
material will be reclaimed in the receiving country;
    (H) The name and address of the reclaimer, any intermediate facility 
and

[[Page 55]]

any alternate reclaimer and intermediate facilities; and
    (I) The name of any transit countries through which the hazardous 
secondary material will be sent and a description of the approximate 
length of time it will remain in such countries and the nature of its 
handling while there (for purposes of this section, the terms 
``Acknowledgement of Consent'', ``receiving country'' and ``transit 
country'' are used as defined in 40 CFR 262.51 with the exception that 
the terms in this section refer to hazardous secondary materials, rather 
than hazardous waste):
    (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 
delivered to: Office of Enforcement and Compliance Assurance, Office of 
Federal Activities, International Compliance Assurance Division, 
Environmental Protection Agency, Ariel Rios Bldg., Room 6144, 12th St. 
and Pennsylvania Ave., NW., Washington, DC 20004. In both cases, the 
following shall be prominently displayed on the front of the envelope: 
``Attention: Notification of Intent to Export.''
    (iii) Except for changes to the telephone number in paragraph 
(a)(25)(i)(A) of this section and decreases in the quantity of hazardous 
secondary material indicated pursuant to paragraph (a)(25)(i)(D) of this 
section, when the conditions specified on the original notification 
change (including any exceedance of the estimate of the quantity of 
hazardous secondary material specified in the original notification), 
the hazardous secondary material generator must provide EPA with a 
written renotification of the change. The shipment cannot take place 
until consent of the receiving country to the changes (except for 
changes to paragraph (a)(25)(i)(I) of this section and in the ports of 
entry to and departure from transit countries pursuant to paragraphs 
(a)(25)(i)(E) of this section) has been obtained and the hazardous 
secondary material generator receives from EPA an Acknowledgment of 
Consent reflecting the receiving country's consent to the changes.
    (iv) Upon request by EPA, the hazardous secondary material generator 
shall furnish to EPA any additional information which a receiving 
country requests in order to respond to a notification.
    (v) 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)(25)(i) of this section. Where a claim of 
confidentiality is asserted with respect to any notification information 
required by paragraph (a)(25)(i) of this section, EPA may find the 
notification not complete until any such claim is resolved in accordance 
with 40 CFR 260.2.
    (vi) The export of hazardous secondary material under this paragraph 
(a)(25) is prohibited unless the receiving country consents to the 
intended export. When the receiving country consents in writing to the 
receipt of the hazardous secondary material, EPA will send an 
Acknowledgment of Consent to the hazardous secondary material generator. 
Where the receiving country objects to receipt of the hazardous 
secondary material or withdraws a prior consent, EPA will notify the 
hazardous secondary material generator in writing. EPA will also notify 
the hazardous secondary material generator of any responses from transit 
countries.
    (vii) For exports to OECD Member countries, the receiving country 
may respond to the notification using tacit consent. If no objection has 
been lodged by any receiving country or transit countries to a 
notification provided pursuant to paragraph (a)(25)(i) of this section 
within thirty (30) days after the date of issuance of the 
acknowledgement of receipt of notification by the competent authority of 
the receiving country, the transboundary movement may commence. In such 
cases, EPA will send an Acknowledgment of Consent to inform the 
hazardous secondary material generator

[[Page 56]]

that the receiving country and any relevant transit countries have not 
objected to the shipment, and are thus presumed to have consented 
tacitly. Tacit consent expires one (1) calendar year after the close of 
the thirty (30) day period; renotification and renewal of all consents 
is required for exports after that date.
    (viii) A copy of the Acknowledgment of Consent must accompany the 
shipment. The shipment must conform to the terms of the Acknowledgment 
of Consent.
    (ix) If a shipment cannot be delivered for any reason to the 
reclaimer, intermediate facility or the alternate reclaimer or alternate 
intermediate facility, the hazardous secondary material generator must 
re-notify EPA of a change in the conditions of the original notification 
to allow shipment to a new reclaimer in accordance with paragraph (iii) 
of this section and obtain another Acknowledgment of Consent.
    (x) Hazardous secondary material generators must keep a copy of each 
notification of intent to export and each Acknowledgment of Consent for 
a period of three years following receipt of the Acknowledgment of 
Consent.
    (xi) Hazardous secondary material generators must file with the 
Administrator no later than March 1 of each year, a report summarizing 
the types, quantities, frequency and ultimate destination of all 
hazardous secondary materials exported during the previous calendar 
year. Annual reports submitted by mail should be sent to the following 
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 reports should be delivered 
to: Office of Enforcement and Compliance Assurance, Office of Federal 
Activities, International Compliance Assurance Division, Environmental 
Protection Agency, Ariel Rios Bldg., Room 6144, 12th St. and 
Pennsylvania Ave., NW., Washington, DC 20004. Such reports must include 
the following information:
    (A) Name, mailing and site address, and EPA ID number (if 
applicable) of the hazardous secondary material generator;
    (B) The calendar year covered by the report;
    (C) The name and site address of each reclaimer and intermediate 
facility;
    (D) By reclaimer and intermediate facility, for each hazardous 
secondary material exported, a description of the hazardous secondary 
material and the EPA hazardous waste number that would apply if the 
hazardous secondary material was managed as hazardous waste, DOT hazard 
class, the name and U.S. EPA ID number (where applicable) for each 
transporter used, the total amount of hazardous secondary material 
shipped and the number of shipments pursuant to each notification;
    (E) A certification signed by the hazardous secondary material 
generator which states: ``I certify under penalty of law that I have 
personally examined and am familiar with the information submitted in 
this 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.''
    (xii) All persons claiming an exclusion under this paragraph (a)(25) 
must provide notification as required by Sec. 260.42 of this chapter.
    (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

[[Page 57]]

deemed to be treating, storing, disposing of, or otherwise managing 
hazardous wastes for the purposes of regulation under this subtitle, if 
such facility:
    (i) Receives and burns only
    (A) Household waste (from single and multiple dwellings, hotels, 
motels, and other residential sources) and
    (B) Solid waste from commercial or industrial sources that does not 
contain hazardous waste; and
    (ii) Such facility does not accept hazardous wastes and the owner or 
operator of such facility has established contractual requirements or 
other appropriate notification or inspection procedures to assure that 
hazardous wastes are not received at or burned in such facility.
    (2) Solid wastes generated by any of the following and which are 
returned to the soils as fertilizers:
    (i) The growing and harvesting of agricultural crops.
    (ii) The raising of animals, including animal manures.
    (3) Mining overburden returned to the mine site.
    (4) Fly ash waste, bottom ash waste, slag waste, and flue gas 
emission control waste, generated primarily from the combusion of coal 
or other fossil fuels, except as provided by Sec. 266.112 of this 
chapter for facilities that burn or process hazardous waste.
    (5) Drilling fluids, produced waters, and other wastes associated 
with the exploration, development, or production of crude oil, natural 
gas or geothermal energy.
    (6)(i) Wastes which fail the test for the Toxicity Characteristic 
because chromium is present or are listed in subpart D due to the 
presence of chromium, which do not fail the test for the Toxicity 
Characteristic for any other constituent or are not listed due to the 
presence of any other constituent, and which do not fail the test for 
any other characteristic, if it is shown by a waste generator or by 
waste generators that:
    (A) The chromium in the waste is exclusively (or nearly exclusively) 
trivalent chromium; and
    (B) The waste is generated from an industrial process which uses 
trivalent chromium 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.

[[Page 58]]

    (H) Wastewater treatment sludges from the production of 
TiO2 pigment using chromium-bearing ores by the chloride 
process.
    (7) Solid waste from the extraction, beneficiation, and processing 
of ores and minerals (including coal, phosphate rock, and overburden 
from the mining of uranium ore), except as provided by Sec. 266.112 of 
this chapter for facilities that burn or process hazardous waste.
    (i) For purposes of Sec. 261.4(b)(7) beneficiation of ores and 
minerals is restricted to the following activities; crushing; grinding; 
washing; dissolution; crystallization; filtration; sorting; sizing; 
drying; sintering; pelletizing; briquetting; calcining to remove water 
and/or carbon dioxide; roasting, autoclaving, and/or chlorination in 
preparation for leaching (except where the roasting (and/or autoclaving 
and/or chlorination)/leaching sequence produces a final or intermediate 
product that does not undergo further beneficiation or processing); 
gravity concentration; magnetic separation; electrostatic separation; 
flotation; ion exchange; solvent extraction; electrowinning; 
precipitation; amalgamation; and heap, dump, vat, tank, and in situ 
leaching.
    (ii) For the purposes of Sec. 261.4(b)(7), solid waste from the 
processing of ores and minerals includes only the following wastes as 
generated:
    (A) Slag from primary copper processing;
    (B) Slag from primary lead processing;
    (C) Red and brown muds from bauxite refining;
    (D) Phosphogypsum from phosphoric acid production;
    (E) Slag from elemental phosphorus production;
    (F) Gasifier ash from coal gasification;
    (G) Process wastewater from coal gasification;
    (H) Calcium sulfate wastewater treatment plant sludge from primary 
copper processing;
    (I) Slag tailings from primary copper processing;
    (J) Fluorogypsum from hydrofluoric acid production;
    (K) Process wastewater from hydrofluoric acid production;
    (L) Air pollution control dust/sludge from iron blast furnaces;
    (M) Iron blast furnace slag;
    (N) Treated residue from roasting/leaching of chrome ore;
    (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.

[[Page 59]]

    (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
    (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) [Reserved]
    (17) Solid waste that would otherwise meet the definition of low-
level mixed wastes (LLMW) pursuant to Sec. 266.210 of

[[Page 60]]

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:
    (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

[[Page 61]]

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 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

[[Page 62]]

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 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:

[[Page 63]]

    (i) The generator or sample collector uses (in ``treatability 
studies'') no more than 10,000 kg of media contaminated with non-acute 
hazardous waste, 1000 kg of non-acute hazardous waste other than 
contaminated media, 1 kg of acute hazardous waste, 2500 kg of media 
contaminated with acute hazardous waste for each process being evaluated 
for each generated waste stream; and
    (ii) The mass of each sample shipment does not exceed 10,000 kg; the 
10,000 kg quantity may be all media contaminated with non-acute 
hazardous waste, or may include 2500 kg of media contaminated with acute 
hazardous waste, 1000 kg of hazardous waste, and 1 kg of acute hazardous 
waste; and
    (iii) The sample must be packaged so that it will not leak, spill, 
or vaporize from its packaging during shipment and the requirements of 
paragraph A or B of this subparagraph are met.
    (A) The transportation of each sample shipment complies with U.S. 
Department of Transportation (DOT), U.S. Postal Service (USPS), or any 
other applicable shipping requirements; or
    (B) If the DOT, USPS, or other shipping requirements do not apply to 
the shipment of the sample, the following information must accompany the 
sample:
    (1) The name, mailing address, and telephone number of the 
originator of the sample;
    (2) The name, address, and telephone number of the facility that 
will perform the treatability study;
    (3) The quantity of the sample;
    (4) The date of shipment; and
    (5) A description of the sample, including its EPA Hazardous Waste 
Number.
    (iv) The sample is shipped to a laboratory or testing facility which 
is exempt under Sec. 261.4(f) or has an appropriate RCRA permit or 
interim status.
    (v) The generator or sample collector maintains the following 
records for a period ending 3 years after completion of the treatability 
study:
    (A) Copies of the shipping documents;
    (B) A copy of the contract with the facility conducting the 
treatability study;
    (C) Documentation showing:
    (1) The amount of waste shipped under this exemption;
    (2) The name, address, and EPA identification number of the 
laboratory or testing facility that received the waste;
    (3) The date the shipment was made; and
    (4) Whether or not unused samples and residues were returned to the 
generator.
    (vi) The generator reports the information required under paragraph 
(e)(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

[[Page 64]]

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

[[Page 65]]

are counted against the total storage limit for the facility.
    (6) The treatability study does not involve the placement of 
hazardous waste on the land or open burning of hazardous waste.
    (7) The facility maintains records for 3 years following completion 
of each study that show compliance with the treatment rate limits and 
the storage time and quantity limits. The following specific information 
must be included for each treatability study conducted:
    (i) The name, address, and EPA identification number of the 
generator or sample collector of each waste sample;
    (ii) The date the shipment was received;
    (iii) The quantity of waste accepted;
    (iv) The quantity of ``as received'' waste in storage each day;
    (v) The date the treatment study was initiated and the amount of 
``as received'' waste introduced to treatment each day;
    (vi) The date the treatability study was concluded;
    (vii) The date any unused sample or residues generated from the 
treatability study were returned to the generator or sample collector 
or, if sent to a designated facility, the name of the facility and the 
EPA identification number.
    (8) The facility keeps, on-site, a copy of the treatability study 
contract and all shipping papers associated with the transport of 
treatability study samples to and from the facility for a period ending 
3 years from the completion date of each treatability study.
    (9) The facility prepares and submits a report to the Regional 
Administrator, or state Director (if located in an authorized state), by 
March 15 of each year, that 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

[[Page 66]]

Finding Aids section of the printed volume and on GPO Access.



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;
    (7) Is a hazardous waste that is an unused commercial chemical 
product (listed in 40 CFR part 261, subpart D or exhibiting one or more 
characteristics in 40 CFR part 261, subpart C) that is generated solely 
as a result of a laboratory clean-out conducted at an eligible academic 
entity pursuant to Sec. 262.213. For purposes of this provision, the 
term eligible academic entity shall have the meaning as defined in Sec. 
262.200 of Part 262.
    (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

[[Page 67]]

accumulated wastes exceed the applicable exclusion limit;
    (3) A conditionally exempt small quantity generator may either treat 
or dispose of his acute hazardous waste in an on-site facility or ensure 
delivery to an off-site treatment, storage, or disposal facility, either 
of which, if located in the U.S., is:
    (i) Permitted under part 270 of this chapter;
    (ii) In interim status under parts 270 and 265 of this chapter;
    (iii) Authorized to manage hazardous waste by a State with a 
hazardous waste management program approved under part 271 of this 
chapter;
    (iv) Permitted, licensed, or registered by a State to manage 
municipal solid waste and, if managed in a municipal solid waste 
landfill is subject to Part 258 of this chapter;
    (v) Permitted, licensed, or registered by a State to manage non-
municipal non-hazardous waste and, if managed in a non-municipal non-
hazardous waste disposal unit after January 1, 1998, is subject to the 
requirements in 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.

[[Page 68]]

    (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 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; 73 
FR 72954, Dec. 1, 2008]



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 
N 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).
    (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

[[Page 69]]

transportation practices, where such hazardous wastes are reintroduced 
into a refining process after a point at which contaminants are removed, 
so long as the fuel meets the used oil fuel specification under Sec. 
279.11 of this chapter; and
    (C) Oil reclaimed from oil-bearing hazardous wastes from petroleum 
refining, production, and transportation practices, which reclaimed oil 
is burned as a fuel without reintroduction to a refining process, so 
long as the reclaimed oil meets the used oil fuel specification under 
Sec. 279.11 of this chapter.
    (4) Used oil that is recycled and is also a hazardous waste solely 
because it exhibits a hazardous characteristic is not subject to the 
requirements of parts 260 through 268 of this chapter, but is regulated 
under part 279 of this chapter. Used oil that is recycled includes any 
used oil which is reused, following its original use, for any purpose 
(including the purpose for which the oil was originally used). Such term 
includes, but is not limited to, oil which is re-refined, reclaimed, 
burned for energy recovery, or reprocessed.
    (5) Hazardous waste that is exported to or imported from designated 
member countries of the Organization for Economic Cooperation and 
Development (OECD) (as defined in Sec. 262.58(a)(1)) for purpose of 
recovery is subject to the requirements of 40 CFR part 262, subpart H, 
if it is subject to either the Federal manifesting requirements of 40 
CFR Part 262, to the universal waste management standards of 40 CFR Part 
273, or to State requirements analogous to 40 CFR Part 273.
    (b) Generators and transporters of recyclable materials are subject 
to the applicable requirements of parts 262 and 263 of this chapter and 
the notification requirements under section 3010 of RCRA, except as 
provided in paragraph (a) of this section.
    (c)(1) Owners and operators of facilities that store recyclable 
materials before they are recycled are regulated under all applicable 
provisions of subparts A though L, AA, BB, and CC of parts 264 and 265, 
and under parts 124, 266, 268, and 270 of this chapter and the 
notification requirements under section 3010 of RCRA, except as provided 
in paragraph (a) of this section. (The recycling process itself is 
exempt from regulation except as provided in Sec. 261.6(d).)
    (2) Owners or operators of facilities that recycle recyclable 
materials without storing them before they are 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]

    Editorial Note: For Federal Register citations affecting Sec. 
261.6, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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

[[Page 70]]

commonly employed to remove materials from that type of container, e.g., 
pouring, pumping, and aspirating, and
    (ii) No more than 2.5 centimeters (one inch) of residue remain on 
the bottom of the container or inner liner, or
    (iii)(A) No more than 3 percent by weight of the total capacity of 
the container remains in the container or inner liner if the container 
is less than or equal to 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.

[[Page 71]]

    (b) [Reserved]



Sec. 261.11  Criteria for listing hazardous waste.

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

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

[[Page 72]]

Waste Number that is applicable as set forth in this subpart. This 
number must be used in complying with the notification requirements of 
section 3010 of the Act and all applicable recordkeeping and reporting 
requirements under parts 262 through 265, 268, and 270 of this chapter.
    (c) For purposes of this subpart, the Administrator will consider a 
sample obtained using any of the applicable sampling methods specified 
in appendix I to be a representative sample within the meaning of part 
260 of this chapter.

[Comment: Since the appendix I sampling methods are not being formally 
adopted by the Administrator, a person who desires to employ an 
alternative sampling method is not required to demonstrate the 
equivalency of his method under the procedures set forth in 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 73]]

    (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 74]]

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 75]]

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.
                                  Wastewater treatment
                                  sludges from the
                                  manufacturing of motor
                                  vehicles using a zinc
                                  phosphating process will
                                  not be subject to this
                                  listing at the point of
                                  generation if the wastes
                                  are not placed outside
                                  on the land prior to
                                  shipment to a landfill
                                  for disposal and are
                                  either: disposed in a
                                  Subtitle D municipal or
                                  industrial landfill unit
                                  that is equipped with a
                                  single clay liner and is
                                  permitted, licensed or
                                  otherwise authorized by
                                  the state; or disposed
                                  in a landfill unit
                                  subject to, or otherwise
                                  meeting, the landfill
                                  requirements in Sec.
                                  258.40, Sec.  264.301
                                  or Sec.  265.301. For
                                  the purposes of this
                                  listing, motor vehicle
                                  manufacturing is defined
                                  in paragraph (b)(4)(i)
                                  of this section and
                                  (b)(4)(ii) of this
                                  section describes the
                                  recordkeeping
                                  requirements for motor
                                  vehicle manufacturing
                                  facilities.

[[Page 76]]

 
  F020.........................  Wastes (except wastewater  (H)
                                  and spent carbon from
                                  hydrogen chloride
                                  purification) from the
                                  production or
                                  manufacturing use (as a
                                  reactant, chemical
                                  intermediate, or
                                  component in a
                                  formulating process) of
                                  tri- or
                                  tetrachlorophenol, or of
                                  intermediates used to
                                  produce their pesticide
                                  derivatives. (This
                                  listing does not include
                                  wastes from the
                                  production of
                                  Hexachlorophene from
                                  highly purified 2,4,5-
                                  trichlorophenol.).
  F021.........................  Wastes (except wastewater  (H)
                                  and spent carbon from
                                  hydrogen chloride
                                  purification) from the
                                  production or
                                  manufacturing use (as a
                                  reactant, chemical
                                  intermediate, or
                                  component in a
                                  formulating process) of
                                  pentachlorophenol, or of
                                  intermediates used to
                                  produce its derivatives.
  F022.........................  Wastes (except wastewater  (H)
                                  and spent carbon from
                                  hydrogen chloride
                                  purification) from the
                                  manufacturing use (as a
                                  reactant, chemical
                                  intermediate, or
                                  component in a
                                  formulating process) of
                                  tetra-, penta-, or
                                  hexachlorobenzenes under
                                  alkaline conditions.
  F023.........................  Wastes (except wastewater  (H)
                                  and spent carbon from
                                  hydrogen chloride
                                  purification) from the
                                  production of materials
                                  on equipment previously
                                  used for the production
                                  or manufacturing use (as
                                  a reactant, chemical
                                  intermediate, or
                                  component in a
                                  formulating process) of
                                  tri- and
                                  tetrachlorophenols.
                                  (This listing does not
                                  include wastes from
                                  equipment used only for
                                  the production or use of
                                  Hexachlorophene from
                                  highly purified 2,4,5-
                                  trichlorophenol.).
  F024.........................  Process wastes, including  (T)
                                  but not limited to,
                                  distillation residues,
                                  heavy ends, tars, and
                                  reactor clean-out
                                  wastes, from the
                                  production of certain
                                  chlorinated aliphatic
                                  hydrocarbons by free
                                  radical catalyzed
                                  processes. These
                                  chlorinated aliphatic
                                  hydrocarbons are those
                                  having carbon chain
                                  lengths ranging from one
                                  to and including five,
                                  with varying amounts and
                                  positions of chlorine
                                  substitution. (This
                                  listing does not include
                                  wastewaters, wastewater
                                  treatment sludges, spent
                                  catalysts, and wastes
                                  listed in Sec.  261.31
                                  or Sec.  261.32.).
  F025.........................  Condensed light ends,      (T)
                                  spent filters and filter
                                  aids, and spent
                                  desiccant wastes from
                                  the production of
                                  certain chlorinated
                                  aliphatic hydrocarbons,
                                  by free radical
                                  catalyzed processes.
                                  These chlorinated
                                  aliphatic hydrocarbons
                                  are those having carbon
                                  chain lengths ranging
                                  from one to and
                                  including five, with
                                  varying amounts and
                                  positions of chlorine
                                  substitution.
  F026.........................  Wastes (except wastewater  (H)
                                  and spent carbon from
                                  hydrogen chloride
                                  purification) from the
                                  production of materials
                                  on equipment previously
                                  used for the
                                  manufacturing use (as a
                                  reactant, chemical
                                  intermediate, or
                                  component in a
                                  formulating process) of
                                  tetra-, penta-, or
                                  hexachlorobenzene under
                                  alkaline conditions.
  F027.........................  Discarded unused           (H)
                                  formulations containing
                                  tri-, tetra-, or
                                  pentachlorophenol or
                                  discarded unused
                                  formulations containing
                                  compounds derived from
                                  these chlorophenols.
                                  (This listing does not
                                  include formulations
                                  containing
                                  Hexachlorophene
                                  sythesized from
                                  prepurified 2,4,5-
                                  trichlorophenol as the
                                  sole component.).
  F028.........................  Residues resulting from    (T)
                                  the incineration or
                                  thermal treatment of
                                  soil contaminated with
                                  EPA Hazardous Waste Nos.
                                  F020, F021, F022, F023,
                                  F026, and F027.
  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.

[[Page 77]]

 
  F037.........................  Petroleum refinery         (T)
                                  primary oil/water/solids
                                  separation sludge--Any
                                  sludge generated from
                                  the gravitational
                                  separation of oil/water/
                                  solids during the
                                  storage or treatment of
                                  process wastewaters and
                                  oil cooling wastewaters
                                  from petroleum
                                  refineries. Such sludges
                                  include, but are not
                                  limited to, those
                                  generated in oil/water/
                                  solids separators; tanks
                                  and impoundments;
                                  ditches and other
                                  conveyances; sumps; and
                                  stormwater units
                                  receiving dry weather
                                  flow. Sludge generated
                                  in stormwater units that
                                  do not receive dry
                                  weather flow, sludges
                                  generated from non-
                                  contact once-through
                                  cooling waters
                                  segregated for treatment
                                  from other process or
                                  oily cooling waters,
                                  sludges generated in
                                  aggressive biological
                                  treatment units as
                                  defined in Sec.
                                  261.31(b)(2) (including
                                  sludges generated in one
                                  or more additional units
                                  after wastewaters have
                                  been treated in
                                  aggressive biological
                                  treatment units) and
                                  K051 wastes are not
                                  included in this
                                  listing. This listing
                                  does include residuals
                                  generated from
                                  processing or recycling
                                  oil-bearing hazardous
                                  secondary materials
                                  excluded under Sec.
                                  261.4(a)(12)(i), if
                                  those residuals are to
                                  be disposed of..
  F038.........................  Petroleum refinery         (T)
                                  secondary (emulsified)
                                  oil/water/solids
                                  separation sludge--Any
                                  sludge and/or float
                                  generated from the
                                  physical and/or chemical
                                  separation of oil/water/
                                  solids in process
                                  wastewaters and oily
                                  cooling wastewaters from
                                  petroleum refineries.
                                  Such wastes include, but
                                  are not limited to, all
                                  sludges and floats
                                  generated in: induced
                                  air flotation (IAF)
                                  units, tanks and
                                  impoundments, and all
                                  sludges generated in DAF
                                  units. Sludges generated
                                  in stormwater units that
                                  do not receive dry
                                  weather flow, sludges
                                  generated from non-
                                  contact once-through
                                  cooling waters
                                  segregated for treatment
                                  from other process or
                                  oily cooling waters,
                                  sludges and floats
                                  generated in aggressive
                                  biological treatment
                                  units as defined in Sec.
                                    261.31(b)(2)
                                  (including sludges and
                                  floats generated in one
                                  or more additional units
                                  after wastewaters have
                                  been treated in
                                  aggressive biological
                                  treatment units) and
                                  F037, K048, and K051
                                  wastes are not included
                                  in this listing.
  F039.........................  Leachate (liquids that     (T)
                                  have percolated through
                                  land disposed wastes)
                                  resulting from the
                                  disposal of more than
                                  one restricted waste
                                  classified as hazardous
                                  under subpart D of this
                                  part. (Leachate
                                  resulting from the
                                  disposal of one or more
                                  of the following EPA
                                  Hazardous Wastes and no
                                  other Hazardous Wastes
                                  retains its EPA
                                  Hazardous Waste
                                  Number(s): F020, F021,
                                  F022, F026, F027, and/or
                                  F028.).
------------------------------------------------------------------------
*(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.

[[Page 78]]

    (4) For the purposes of the F019 listing, the following apply to 
wastewater treatment sludges from the manufacturing of motor vehicles 
using a zinc phosphating process.
    (i) Motor vehicle manufacturing is defined to include the 
manufacture of automobiles and light trucks/utility vehicles (including 
light duty vans, pick-up trucks, minivans, and sport utility vehicles). 
Facilities must be engaged in manufacturing complete vehicles (body and 
chassis or unibody) or chassis only.
    (ii) Generators must maintain in their on-site records documentation 
and information sufficient to prove that the wastewater treatment 
sludges to be exempted from the F019 listing meet the conditions of the 
listing. These records must include: the volume of waste generated and 
disposed of off site; documentation showing when the waste volumes were 
generated and sent off site; the name and address of the receiving 
facility; and documentation confirming receipt of the waste by the 
receiving facility. Generators must maintain these documents on site for 
no less than three years. The retention period for the documentation is 
automatically extended during the course of any enforcement action or as 
requested by the Regional Administrator or the state regulatory 
authority.

[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.

------------------------------------------------------------------------
   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.

[[Page 79]]

 
  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.
  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.).

[[Page 80]]

 
  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).
  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.

[[Page 81]]

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

[[Page 82]]

 
  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, 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.

[[Page 83]]

    (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 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.

[[Page 84]]

    (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 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

[[Page 85]]

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
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).

[[Page 86]]

 
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
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

[[Page 87]]

 
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
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

[[Page 88]]

 
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
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%

[[Page 89]]

 
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-
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

[[Page 90]]

 
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
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

[[Page 91]]

 
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
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)

[[Page 92]]

 
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 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)

[[Page 93]]

 
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
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)-

[[Page 94]]

 
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
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

[[Page 95]]

 
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
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-

[[Page 96]]

 
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-
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

[[Page 97]]

 
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
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

[[Page 98]]

 
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)
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]-

[[Page 99]]

 
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
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)

[[Page 100]]

 
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
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

[[Page 101]]

 
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
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-

[[Page 102]]

 
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)
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

[[Page 103]]

 
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
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)

[[Page 104]]

 
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)-
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

[[Page 105]]

 
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-
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

[[Page 106]]

 
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-
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]

[[Page 107]]


    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 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;

[[Page 108]]

    (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  Exclusion of comparable fuel, emission-comparable fuel, and 

syngas fuel.

    (a) Specifications for excluded fuels. Materials that meet the 
specifications for comparable fuel, emission-comparable fuel, or syngas 
fuel under paragraphs (a)(1), (a)(2), or (a)(3) of this section, 
respectively, and the other requirements of this section, are not solid 
wastes.
    (1) Comparable fuel specifications.--(i) Physical specifications.--
(A) Heating value. The heating value must exceed 5,000 BTU/lbs. (11,500 
J/g).
    (B) Viscosity. The viscosity must not exceed: 50 cs, as-fired.
    (ii) 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 of 
this section).
    (2) Emission-comparable fuel specifications--The specifications 
shall be met as-generated. (i) Physical specifications.--(A) Heating 
value. The heating value must be 8,000 BTU/lbs (18,400 J/g) or greater.
    (B) Viscosity. The viscosity must not exceed 50 cs.
    (ii) Constituent specifications--(A) Except as provided by paragraph 
(a)(2)(ii)(B) of this section, for compounds listed in Table 1 of this 
section the specification levels and, where nondetect is the 
specification, minimum required detection limits, are: (see Table 1 of 
this section).
    (B) Specifications not applicable. The specification levels in Table 
1 to this section do not apply for the following hydrocarbons and 
oxygenates under the special conditions provided under this section for 
emission-comparable fuel:
    (1) Benzo(a)anthracene (CAS No. 56-55-3).
    (2) Benzene (CAS No. 71-43-2).
    (3) Benzo(b)fluoranthene (CAS No. 205-99-2)
    (4) Benzo(k)fluoranthene (CAS No. 207-08-9)
    (5) Benzo(a)pyrene (CAS No. 50-32-8)
    (6) Chrysene (CAS No. 218-01-9)
    (7) Dibenzo(a,h)anthracene (CAS No. 52-70-3)
    (8) 7,12-Dimethylbenz(a)anthracene (CAS No. 57-97-6)
    (9) Flouranthene (CAS No. 206-44-0)
    (10) Indeno(1,2,3-cd)pyrene (CAS No. 193-39-5)
    (11) 3-Methlycholanthrene (CAS No. 56-49-5)
    (12) Naphthalene (CAS No. 91-20-3)
    (13) Toluene (CAS No. 108-88-3).
    (14) Acetophenone (CAS No. 98-86-2).
    (15) Acrolein (CAS No. 107-02-8).
    (16) Allyl alcohol (CAS No. 107-18-6).
    (17) Bis(2-ethylhexyl)phthalate [Di-2-e thylhexyl phthalate] (CAS 
No.117-81-7).
    (18) Butyl benzyl phthalate (CAS No. 85-68-7).
    (19) o-Cresol [2-Methyl phenol] (CAS No. 95-48-7).
    (20) m-Cresol [3-Methyl phenol] (CAS No. 108-39-4).
    (21) p-Cresol [4-Methyl phenol] (CAS No.106-44-5).

[[Page 109]]

    (22) Di-n-butyl phthalate (CAS No. 84-74-2).
    (23) Diethyl phthalate (CAS No. 84-66-2).
    (24) 2,4-Dimethylphenol (CAS No. 105-67-9).
    (25) Dimethyl phthalate (CAS No. 131-11-3).
    (26) Di-n-octyl phthalate (CAS No. 117-84-0).
    (27) Endothall (CAS No. 145-73-3).
    (28) Ethyl methacrylate (CAS No. 97-63-2).
    (29) 2-Ethoxyethanol [Ethylene glycol monoethyl ether] (CAS No. 110-
80-5).
    (30) Isobutyl alcohol (CAS No. 78-83-1).
    (31) Isosafrole (CAS No. 120-58-1).
    (32) Methyl ethyl ketone [2-Butanone] (CAS No. 78-93-3).
    (33) Methyl methacrylate (CAS No. 80-62-6).
    (34) 1,4-Naphthoquinone (CAS No. 130-15-4).
    (35) Phenol (CAS No. 108-95-2).
    (36) Propargyl alcohol [2-Propyn-1-ol] (CAS No. 107-19-7).
    (37) Safrole (CAS No. 94-59-7).
    (3) Synthesis gas fuel specifications.--Synthesis gas fuel (i.e., 
syngas fuel) that is generated from hazardous waste must:
    (i) Have a minimum Btu value of 100 Btu/Scf;
    (ii) Contain less than 1 ppmv of total halogen;
    (iii) Contain less than 300 ppmv of total nitrogen other than 
diatomic nitrogen (N2);
    (iv) Contain less than 200 ppmv of hydrogen sulfide; and
    (v) Contain less than 1 ppmv of each hazardous constituent in the 
target list of appendix VIII constituents of this part.
    (4) Blending to meet the specifications. (i) Comparable fuel. (A) 
Hazardous waste shall not be blended to meet the comparable fuel 
specification under paragraph (a)(1) of this section, except as provided 
by paragraph (a)(4)(i)(B) of this section:
    (B) Blending to meet the viscosity specification. A hazardous waste 
blended to meet the viscosity specification for comparable fuel shall:
    (1) As generated and prior to any blending, manipulation, or 
processing, meet the constituent and heating value specifications of 
paragraphs (a)(1)(i)(A) and (a)(1)(ii) of this section;
    (2) 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
    (3) Not violate the dilution prohibition of paragraph (a)(7) of this 
section.
    (ii) Emission-comparable fuel. Hazardous waste shall not be treated 
by blending or other means to meet the emission-comparable fuel 
specifications under paragraph (a)(2) of this section. Emission-
comparable fuel must meet those specifications as-generated by the 
original generator of the material. Emission-comparable fuel that has 
met the specifications under paragraph (a)(2) of this section as-
generated, and that is subsequently commingled with other materials, 
must continue to meet the specifications.
    (5) Treatment to meet the comparable fuel specifications. (i) A 
hazardous waste may be treated to meet the specifications for comparable 
fuel under paragraph (a)(1) 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 (a)(7) of 
this section.
    (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.
    (6) 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 (a)(3) 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

[[Page 110]]

chapter or is an exempt recycling unit pursuant to Sec. 261.6(c); and
    (C) Does not violate the dilution prohibition of paragraph (a)(7) of 
this section.
    (ii) Residuals resulting from the treatment of a hazardous waste 
listed in subpart D of this part to generate a syngas fuel remain a 
hazardous waste.
    (7) Dilution prohibition for comparable fuel, emission-comparable 
fuel, and syngas fuel. (i) Comparable fuel and syngas fuel. 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 specifications of paragraphs (a)(1)(i)(A) or (a)(1)(ii) of 
this section for comparable fuel or paragraph (a)(3) of this section for 
syngas.
    (ii) Emission-comparable fuel. Emission-comparable fuel shall not be 
generated by means of dilution.
    (b) Implementation.--(1) General.--(i) Materials that meet the 
specifications provided by paragraph (a) of this section for comparable 
fuel, emission-comparable fuel, or syngas fuel are excluded from the 
definition of solid waste provided that the conditions under this 
section are met. For purposes of this section, such materials are called 
excluded fuel, and the person claiming and qualifying for the exclusion 
is called the excluded fuel generator and the person burning the 
excluded fuel is called the excluded fuel burner.
    (ii) The person who generates the excluded fuel must claim the 
exclusion by compliance with the conditions of this section and keep 
records necessary to document compliance with those conditions.
    (2) Notices. (i) Notices to 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, except as 
provided by paragraph (b)(2)(i)(C) of this section, to the Regional or 
State RCRA and CAA Directors, in whose jurisdiction the exclusion is 
being claimed and where the excluded fuel will be burned, certifying 
compliance with the conditions of the exclusion and providing the 
following documentation:
    (1) The name, address, and RCRA ID number of the person/facility 
claiming the exclusion;
    (2) The applicable EPA Hazardous Waste Codes that would otherwise 
apply to the excluded fuel;
    (3) The name and address of the units meeting the requirements of 
paragraphs (b)(3) and (c) of this section, that will burn the excluded 
fuel;
    (4) An estimate of the average and maximum monthly and annual 
quantity of material for which an exclusion would be claimed, except as 
provided by paragraph (b)(2)(i)(D) of this section; and
    (5) The following statement, which shall be 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 emission-
comparable fuel/comparable fuel (specify which) identified in this 
notification. Copies of the records and information required at 40 CFR 
261.38(b)(8) are available at the 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.

    (B) Generators of emission-comparable fuel must also include in the 
notices:
    (1) An estimate of the annual quantity of each material for which an 
emission-comparable fuel exclusion would be claimed; and
    (2) An estimate of the maximum concentration of each compound in 
Table 2 to this section in each emission-comparable fuel stream for 
which the fuel exceeds the comparable fuel specifications for those 
compounds in Table 1 to this section.
    (C) If there is a substantive change in the information provided in 
the notice required under this paragraph (b)(2)(i), the generator must 
submit a revised notification.
    (D) Comparable fuel and syngas fuel generators must include an 
estimate of the average and maximum monthly and annual quantity of 
material for

[[Page 111]]

which an exclusion would be claimed only in notices submitted after 
December 19, 2008 for newly excluded comparable fuel or syngas fuel or 
for revised notices as required by paragraph (b)(2)(i)(C) of this 
section.
    (ii) Public notice. Prior to burning an excluded 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 Fuel Excluded Under the Resource Conservation and Recovery 
Act'' and containing the following information:
    (A) Name, address, and RCRA ID number of the generating 
facility(ies);
    (B) Name and address of the burner and identification of the unit(s) 
that will burn the excluded fuel;
    (C) A brief, general description of the manufacturing, treatment, or 
other process generating the excluded fuel;
    (D) An estimate of the average and maximum monthly and annual 
quantity of the excluded fuel to be burned; and
    (E) Name and mailing address of the Regional or State Directors to 
whom the generator submitted a claim for the exclusion.
    (3) Burning. (i) Comparable fuel and syngas fuel. The exclusion for 
fuels meeting the specifications under paragraphs (a)(1) or (a)(3) 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 requirements implementing Section 
112 of the Clean Air Act:
    (A) Industrial furnaces as defined in Sec. 260.10 of this chapter;
    (B) Boilers, as defined in Sec. 260.10 of this chapter, that are 
further defined as follows:
    (1) 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
    (2) Utility boilers used to produce electric power, steam, heated or 
cooled air, or other gases or fluids for sale;
    (C) Hazardous waste incinerators subject to regulation under subpart 
O of parts 264 or 265 of this chapter or applicable CAA MACT standards.
    (D) Gas turbines used to produce electric power, steam, heated or 
cooled air, or other gases or fluids for sale.
    (ii) Emission-comparable fuel. The exclusion for fuel meeting the 
specifications under paragraph (a)(2) of this section applies only if 
the fuel is burned under the conditions provided by paragraph (c) of 
this section.
    (4) Fuel analysis plan for generators. The generator of an excluded 
fuel shall develop and follow a written fuel analysis plan which 
describes the procedures for sampling and analysis of the material to be 
excluded. The plan shall be followed and retained at the site of the 
generator claiming the exclusion.
    (i) At a minimum, the plan must specify:
    (A) The parameters for which each excluded fuel 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 excluded fuel to be analyzed;
    (D) The frequency with which the initial analysis of the excluded 
fuel 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 determination, any 
information prepared by the generator in making such determination.
    (ii) For each analysis, the generator shall document the following:
    (A) The dates and times that 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,

[[Page 112]]

etc.), laboratory quality assurance data, and the 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 whether the exclusion 
specifications have been met; 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 (b)(9) 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 an excluded syngas 
fuel, a fuel analysis plan containing the elements of paragraph 
(b)(4)(i) of this section to the appropriate regulatory authority. The 
approval of fuel 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 fuel analysis plan may 
contain such provisions and conditions as the regulatory authority deems 
appropriate.
    (5) Analysis plans for burners of emission-comparable fuel. An 
emission-comparable fuel burner is subject to the fuel analysis plan 
requirements under paragraph (b)(4) of this section to determine, for 
each fuel fed to the boiler when burning emission-comparable fuel, the 
as-fired heating value and the as-fired concentration of each compound 
listed in paragraph (a)(2)(ii)(B) of this section, except for fuels 
under the situations described below:
    (i) Coal or fuel oil used as primary fuels, when the burner uses the 
heating values and compound concentrations for these fuels provided in 
paragraph (c)(2)(ii)(C) of this section and Tables 3 and 4 to Sec. 
261.38;
    (ii) Emission-comparable fuel, when the burner receives 
documentation of this information from the generator for each shipment 
of emission-comparable fuel, provided that the emission-comparable fuel 
is not blended with other fuels before firing to the burner.
    (iii) Emission-comparable fuel, when the burner receives 
documentation of this information from the generator for each shipment 
of emission-comparable fuel, and the emission-comparable fuel is blended 
with other fuels before firing to the burner, provided that:
    (A) The burner has determined the heating value of the other fuels 
and the concentration of each compound listed in paragraph (a)(2)(ii)(B) 
of this section for the other fuels; and;
    (B) The burner determines by calculation the as-fired heating value 
of the blended emission-comparable fuel and the as-fired concentration 
of each compound listed in paragraph (a)(2)(ii)(B) of this section of 
the blended emission-comparable fuel.
    (6) Excluded fuel sampling and analysis. (i) General. For comparable 
fuel, emission-comparable fuel, and syngas for which an exclusion is 
claimed under the specifications provided by paragraphs (a)(1), (a)(2), 
or (a)(3) of this section, the generator of the material must test for 
all the constituents in appendix VIII to this part, except those that 
the generator determines, based on testing or knowledge, should not be 
present in the fuel. The generator is required to document the basis of 
each determination that a constituent with an applicable specification 
should not be present. The generator may not determine that any of the 
following categories of constituents with a specification in Table 1 to 
this section should not be present:
    (A) A constituent that triggered the toxicity characteristic for the 
constituents that were the basis for listing the hazardous secondary 
material as a hazardous waste, 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 material;
    (C) Constituents introduced into the process that generates the 
material; or
    (D) Constituents that are byproducts or side reactions to the 
process that generates the material.
    Note to paragraph (b)(6)(i): 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

[[Page 113]]

found in the fuel/syngas above the exclusion specifications.
    (ii) Use of process knowledge. (A) Comparable fuel and syngas. For 
each material for which the comparable fuel or syngas exclusion is 
claimed where the generator of the excluded fuel is not the original 
generator of the hazardous waste, the generator of the excluded fuel may 
not use process knowledge pursuant to paragraph (b)(6)(i) of this 
section and must test to determine that all of the constituent 
specifications of paragraphs (a)(1) and (a)(3) of this section, as 
applicable, have been met.
    (B) Emission-comparable fuel. Emission-comparable fuel must meet the 
specifications for exclusion as-generated. Thus, the generator may use 
process knowledge to determine that compounds listed in Appendix VIII to 
this part are not present in the emission-comparable fuel.
    (iii) The excluded 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 excluded fuel. For the fuel to be 
eligible for exclusion, a generator must demonstrate that:
    (A) The 95% upper confidence limit of the mean concentration for 
each constituent of concern is not above the specification level; and
    (B) The analyses could have detected the presence of the constituent 
at or below the specification level.
    (iv) Nothing in this paragraph (b)(6) 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 the fuel analysis plan developed under paragraph (b)(4) of this 
section.
    (vii) Viscosity condition for comparable fuel. (A) Excluded 
comparable fuel that has not been blended to meet the kinematic 
viscosity specification shall be analyzed as-generated.
    (B) If hazardous waste is blended to meet the kinematic viscosity 
specification for comparable fuel, the generator shall:
    (1) Analyze the hazardous waste as-generated to ensure that it meets 
the constituent and heating value specifications of paragraph (a)(1) of 
this section; and
    (2) After blending, analyze the fuel again to ensure that the 
blended fuel meets all comparable fuel specifications.
    (viii) Excluded fuel must be re-tested, at a minimum, annually and 
must be retested after a process change that could change its chemical 
or physical properties in a manner that may affect conformance with the 
specifications.
    (ix) An emission-comparable fuel burner must determine, for each 
fuel fired to the burner, the as-fired heating value of the emission-
comparable fuel and the as-fired concentration of each compound listed 
in paragraph (a)(2)(ii)(B) of this section using information provided by 
the generator, information provided by paragraph (c)(2)(ii)(C) of this 
section and Tables 3 and 4 to this section, by sampling and analysis, or 
by calculation when emission-comparable fuel is commingled with other 
fuels and the heating value of the emission comparable fuel and the 
concentration of each compound listed in paragraph (a)(2)(ii)(B) of this 
section is known for the fuels prior to commingling.
    (7) Speculative accumulation. Excluded fuel must not be accumulated 
speculatively, as defined in Sec. 261.1(c)(8).
    (8) Operating record. The generator must maintain an operating 
record on site containing the following information:
    (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 ID number of the 
person claiming the exclusion;
    (B) For each excluded fuel, the EPA Hazardous Waste Codes that would 
be applicable if the material were discarded; and

[[Page 114]]

    (C) The certification signed by the person claiming the exclusion or 
his authorized representative.
    (ii) A brief description of the process that generated the excluded 
fuel. If the comparable fuel generator is not the generator of the 
original hazardous waste, provide a brief description of the process 
that generated the hazardous waste;
    (iii) The monthly and annual quantities of each fuel claimed to be 
excluded;
    (iv) Documentation for any claim that a constituent is not present 
in the excluded fuel as required under paragraph (b)(6) of this section;
    (v) The results of all analyses and all detection limits achieved as 
required under paragraph (b)(4) of this section;
    (vi) If the comparable fuel was generated through treatment or 
blending, documentation of compliance with the applicable provisions of 
paragraphs (a)(4) and (a)(5) of this section;
    (vii) If the excluded fuel is to be shipped off-site, a 
certification from the burner as required under paragraph (b)(10) of 
this section;
    (viii) The fuel analysis plan and documentation of all sampling and 
analysis results as required by paragraph (b)(4) of this section; and
    (ix) If the generator ships excluded 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 excluded fuel 
for burning;
    (B) The quantity of excluded fuel shipped and delivered;
    (C) The date of shipment or delivery;
    (D) A cross-reference to the record of excluded fuel analysis or 
other information used to make the determination that the excluded fuel 
meets the specifications as required under paragraph (b)(4) of this 
section; and
    (E) A one-time certification by the burner as required under 
paragraph (b)(10) of this section.
    (9) Records retention. Records must be maintained for a period of 
three years.
    (10) Burner certification to the generator.--(i) Comparable fuel and 
syngas fuel. Prior to submitting a notification to the State and 
Regional Directors, a generator of comparable fuel or syngas fuel 
excluded under paragraphs (a)(1) or (a)(3) of this section who intends 
to ship the excluded fuel off-site for burning must obtain a one-time 
written, signed statement from the burner:
    (A) Certifying that the excluded fuel will only be burned in an 
industrial furnace, industrial boiler, utility boiler, or hazardous 
waste incinerator, as required under paragraph (b)(3) of this section;
    (B) Identifying the name and address of the facility that will burn 
the excluded fuel; and
    (C) Certifying that the state in which the burner is located is 
authorized to exclude wastes as excluded fuel under the provisions of 
this section.
    (ii) Emission-comparable fuel. Prior to submitting a notification to 
the State and Regional Directors, a generator of emission-comparable 
fuel who intends to ship the excluded fuel off-site for burning must 
obtain a one-time written, signed statement from the burner:
    (A) Certifying that the excluded fuel will be stored under the 
conditions of paragraphs (c)(1) or (e) of this section and burned under 
the conditions of paragraph (c)(2) of this section, and that the burner 
will comply with the notification, reporting, and recordkeeping 
conditions of paragraph (c)(5) of this section;
    (B) Identifying the name and address of the facility that will burn 
the excluded fuel; and
    (C) Certifying that the state in which the burner is located is 
authorized to exclude wastes as excluded fuel under the provisions of 
this section.
    (11) Ineligible waste codes. Wastes that are listed as hazardous 
waste because of the presence of dioxins or furans, as set out in 
appendix VII of this part, are not eligible for these exclusions, and 
any fuel produced from or otherwise containing these wastes remains a 
hazardous waste subject to full RCRA hazardous waste management 
requirements.
    (12) Regulatory status of boiler residues. Burning excluded fuel 
that was otherwise a hazardous waste listed under Sec. Sec. 261.31 
through 261.33 does not subject boiler residues, including bottom ash 
and emission control residues, to regulation as derived-from hazardous 
wastes.

[[Page 115]]

    (13) Residues in containers and tank systems upon cessation of 
operations. (i) Liquid and accumulated solid residues that remain in a 
container or tank system for more than 90 days after the container or 
tank system ceases to be operated for storage or transport of excluded 
fuel product are subject to regulation under parts 262 through 265, 268, 
270, 271, and 124 of this chapter.
    (ii) Liquid and accumulated solid residues that are removed from a 
container or tank system after the container or tank system ceases to be 
operated for storage or transport of excluded fuel product are solid 
wastes subject to regulation as hazardous waste if the waste exhibits a 
characteristic of hazardous waste under Sec. Sec. 261.21 through 261.24 
or if the fuel were otherwise a hazardous waste listed under Sec. Sec. 
261.31 through 261.33 when the exclusion was claimed.
    (iii) Liquid and accumulated solid residues that are removed from a 
container or tank system and which do not meet the specifications for 
exclusion under paragraphs (a)(1) or (a)(2) of this section are solid 
wastes subject to regulation as hazardous waste if:
    (A) The waste exhibits a characteristic of hazardous waste under 
Sec. Sec. 261.21 through 261.24; or
    (B) If the fuel were otherwise a hazardous waste listed under 
Sec. Sec. 261.31 through 261.33. The hazardous waste code for the 
listed waste applies to these liquid and accumulated solid resides.
    (14) Waiver of RCRA Closure Requirements. Interim status and 
permitted storage and combustion units, and generator storage units 
exempt from the permit requirements under Sec. 262.34 of this chapter, 
are not subject to the closure requirements of 40 CFR Parts 264, 265, 
and 267 provided that the storage and combustion unit has been used to 
manage only hazardous waste that is subsequently excluded under the 
conditions of this section, and that afterward will be used only to 
manage fuel excluded under this section.
    (15) Spills and leaks. (i) Excluded fuel that is spilled or leaked 
and that therefore no longer meets the conditions of the exclusion is 
discarded and must be managed as a hazardous waste if it exhibits a 
characteristic of hazardous waste under Sec. Sec. 261.21 through 261.24 
or if the fuel were otherwise a hazardous waste listed in Sec. Sec. 
261.31 through 261.33.
    (ii) For excluded fuel that would have otherwise been a hazardous 
waste listed in Sec. Sec. 261.31 through 261.33 and which is spilled or 
leaked, the hazardous waste code for the listed waste applies to the 
spilled or leaked material.
    (16) Nothing in this section preempts, overrides, or otherwise 
negates the provisions in CERCLA Section 103, which establish reporting 
obligations for releases of hazardous substances, or the Department of 
Transportation requirements for hazardous materials in 49 CFR parts 171 
through 180.
    (c) Special conditions for emission-comparable fuel. The following 
additional conditions apply to emission-comparable fuel--fuel that meets 
the specifications under paragraph (a)(2) of this section.
    (1) Storage. (i) General. Emission-comparable fuel may be stored in 
a container or tank under the conditions of paragraphs (c)(1)(iii) 
through (c)(1)(viii) of this section, or alternative conditions under 
paragraph (e) of this section.
    (ii) Prohibition on underground storage. Emission-comparable fuel 
shall not be stored in an underground tank. An underground tank is a 
tank the volume of which (including the volume of underground pipes 
connecting thereto) is 10 percent or more beneath the surface of the 
ground.
    (iii) Spill prevention, control, and countermeasures (SPCC) 
requirements. Emission-comparable fuel storage tanks and containers with 
a capacity equal to or greater than 0.1 m\3\ (26 gallons) are subject to 
the following Spill Prevention, Control, and Countermeasures (SPCC) 
requirements adopted from 40 CFR Part 112. To satisfy the adopted 
conditions, you must substitute the term ``emission-comparable fuel'' 
for the term ``oil,'' and by substituting the term ``release of 
emission-comparable fuel to the environment'' for the term ``discharge 
as described in Sec. 112.1(b).''
    (A) Section 112.2, Definitions. These definitions apply to the 
adopted SPCC requirements under paragraphs (c)(1)(iii)(B) through 
(c)(1)(iii)(D) of this section.

[[Page 116]]

    (B) Sections 112.3(d) and 112.3(e) of this chapter, Requirement to 
Prepare and Implement a Spill Prevention, Control, and Countermeasure 
Plan. (1) You must prepare a SPCC Plan in writing, and in accordance 
with the adopted provisions of Sec. Sec. 112.7 and 112.8 of this 
chapter;
    (2) The SPCC Plan must be reviewed and certified according to the 
provisions of Sec. 112.3(d) of this chapter and must be made available 
to the Regional Administrator according to the provisions of Sec. 
112.3(e) of this chapter;
    (3) You must amend your SPCC Plan as directed by the Regional 
Administrator upon a finding that amendment is necessary to prevent and 
contain releases of emission-comparable fuel from your facility. You 
must implement the amended SPCC Plan as soon as possible, but not later 
than six months after you amend your SPCC Plan, unless the Regional 
Administrator specifies another date;
    (C) Sections 112.5(a) and 112.5(b) of this chapter, Amendment of 
Spill Prevention, Control, and Countermeasures Plan by Owners or 
Operators. (1) You must comply with the provisions of Sec. 112.5(a) and 
(b) of this chapter by substituting the term ``release of emission-
comparable fuel to the environment'' for the term ``discharge as 
described in Sec. 112.1(b);''
    (2) You must have a Professional Engineer certify any technical 
amendment to your Plan in accordance with Sec. 112.3(d) of this 
chapter.
    (D) Section 112.7 of this chapter, General Requirements for Spill 
Prevention, Control, and Countermeasure Plans. (1) You must comply with 
the requirements of Sec. 112.7, except for paragraphs (a)(2), (c), (d), 
and (k) of that section.
    (2) Your Plan may deviate from the requirements Sec. 112.7(g), 
(h)(2), (h)(3) and (i), and the adopted provisions of Sec. 112.8, where 
applicable to a specific facility, if you provide equivalent protection 
by some other means of spill prevention, control, or countermeasure. 
Where your Plan does not conform to the applicable requirements in Sec. 
112.7(g), (h)(2), (h)(3) and (i) and the adopted provisions of Sec. 
112.8 of this chapter, you must state the reasons for nonconformance in 
your Plan and describe in detail alternate methods and how you will 
achieve equivalent environmental protection. If the Regional 
Administrator determines that the measures described in your Plan do not 
provide equivalent environmental protection, he may require that you 
amend your Plan.
    (E) Section 112.8 of this chapter, Spill Prevention, Control, and 
Countermeasure Plan Requirements for Onshore Facilities, except for 
paragraph (b) of this section (facility drainage), paragraph (c)(2) of 
this section (secondary containment for bulk storage containers), 
paragraph (c)(4) of this section (protection of completely buried 
storage tanks), and paragraph (c)(11) of this section (secondary 
containment for mobile containers), with the following revisions:
    (1) You must inspect at least weekly areas where portable containers 
are stored to look for leaking containers and for deterioration of 
containers and the containment system caused by corrosion or other 
factors.
    (2) Section 112.8(d)(1) of this chapter applies to all buried piping 
irrespective of the installation or replacement date.
    (iv) Containment and detection of releases--(A) Tanks. To prevent 
the release of emission comparable fuel or hazardous constituents to the 
environment, you must provide secondary containment for emission-
comparable fuel tank systems as prescribed by the following requirements 
adopted from Sec. 264.193 of this chapter. To satisfy the adopted 
conditions, you must substitute the term ``emission-comparable fuel'' 
for the term ``waste,'' and substitute the term ``document in the 
record'' for the term ``demonstrate to the Regional Administrator.''
    (1) Section 264.193(b) of this chapter, which prescribes general 
performance standards for secondary containment systems;
    (2) Section 264.193(c) of this chapter, which prescribes minimum 
requirements for secondary containment systems;
    (3) Section 264.193(d)(1) through (3), which prescribes permissible 
secondary containment devices;
    (4) Section 264.193(e) of this chapter, which prescribes design and 
operating

[[Page 117]]

requirements for the permissible secondary containment devices; and
    (5) Section 264.193(f) of this chapter, which prescribes secondary 
containment requirements for ancillary equipment.
    (B) Portable containers. To prevent the release of emission 
comparable fuel or hazardous constituents to the environment, you must 
provide containment for emission-comparable fuel container storage units 
as prescribed by the provisions of Sec. 264.175(b) of this chapter, 
which are hereby adopted for emission-comparable fuel container storage 
units. To satisfy the adopted condition, you must substitute the term 
``emission-comparable fuel'' for each occurrence of the term ``waste.''
    (v) Preparedness and prevention, emergency procedures and response 
to releases.--(A) Preparedness and prevention.--(1) Required equipment. 
Your facility must be equipped with the equipment required under Sec. 
264.32(a) through (d) of this chapter in a manner that it can be used in 
emergencies associated with storing and handling emission-comparable 
fuel.
    (2) Testing and maintenance of equipment. You must test and maintain 
as necessary to assure proper operation in times of emergency all 
communications or alarm systems, fire protection equipment, spill 
control equipment, and decontamination equipment required for your 
emission-comparable fuel tank system or container storage unit.
    (3) Access to communications or alarm system. Whenever emission 
comparable fuel is distributed into or out of the tank system or 
container storage unit, all personnel involved in the operation must 
have immediate access to an internal alarm or emergency communication 
device, either directly or through visual or voice contact with another 
employee.
    (4) Arrangements with local authorities. You must comply with Sec. 
264.37(a) of this chapter. If state or local authorities decline to 
enter into the arrangements prescribed by Sec. 264.37(a) of this 
chapter, you must keep a record documenting the refusal.
    (B) Emergency procedures.--(1) Emergency coordinator. At all times, 
there must be at least one employee either on the facility premises or 
on call (i.e., available to respond to an emergency by reaching the 
facility within a short period of time) with the responsibility for 
coordinating all emergency response measures. This emergency coordinator 
must be thoroughly familiar with all aspects of the facility's Spill 
Prevention, Control, and Countermeasures (SPCC) Plan required under 
paragraph (c)(1)(iii) of this section, all emission-comparable fuel 
operations and activities at the facility, the location and 
characteristics of emission-comparable fuel handled, the location of all 
records within the facility pertaining to emission-comparable fuel, and 
the facility layout. In addition, this person must have the authority to 
commit the resources needed to carry out the SPCC Plan.
    (2) Emergency procedures.--(i) Whenever there is an imminent or 
actual emergency situation relating to the emission-comparable fuel tank 
system or container storage unit, the emergency coordinator (or his 
designee when the emergency coordinator is on call) must immediately 
activate internal facility alarms or communication systems, where 
applicable, to notify all facility personnel and notify appropriate 
state or local agencies with designated response roles if their help is 
needed.
    (ii) Whenever there is a release, fire, or explosion relating to the 
emission-comparable fuel tank system or container storage unit, the 
emergency coordinator must immediately identify the character, exact 
source, amount, and aerial extent of any released materials. He may do 
this by observation or review of facility records, and, if necessary, by 
chemical analysis.
    (iii) Concurrently, the emergency coordinator must assess possible 
hazards to human health or the environment that may result from the 
release, fire, or explosion. This assessment must consider both direct 
and indirect effects of the release, fire, or explosion (e.g., the 
effects of any toxic, irritating, or asphyxiating gases that are 
generated, or the effects of any hazardous surface water run-off from 
water or chemical agents used to control fire and heat-induced 
explosions).

[[Page 118]]

    (iv) If the emergency coordinator determines that the facility has 
had a release, fire, or explosion associated with the emission-
comparable fuel tank system or container storage unit which could 
threaten human health or the environment outside the facility, he must 
report his findings as provided by paragraph (c)(1)(v)(B)(2)(v) of this 
section.
    (v) If the emergency coordinator's assessment indicates that 
evacuation of local areas may be advisable, he must immediately notify 
appropriate local authorities. He must be available to help appropriate 
officials decide whether local areas should be evacuated, and he must 
immediately notify either the government official designated as the on-
scene coordinator for that geographical area, (in the applicable 
regional contingency plan under part 300 of this title) or the National 
Response Center (using their 24-hour toll free number 800/424-8802). The 
report must include: the name and telephone number of the reporter; the 
name and address of the facility; the time and type of incident (e.g., 
release, fire); the name and quantity of material(s) involved, to the 
extent known; the extent of injuries, if any; and the possible hazards 
to human health, or the environment, outside the facility.
    (vi) During an emergency, the emergency coordinator must take all 
reasonable measures necessary to ensure that fires, explosions, and 
releases do not occur, recur, or spread to other materials at the 
facility. These measures must include, where applicable, stopping 
processes and operations and collecting and containing released 
emission-comparable fuel.
    (vii) If the emission-comparable fuel tank system or container 
storage unit stops operations in response to a fire, explosion, or 
release, the emergency coordinator must monitor for leaks, pressure 
buildup, gas generation, or ruptures in valves, pipes, or other 
equipment, wherever this is appropriate.
    (viii) Immediately after an emergency, the emergency coordinator 
must provide for treating, storing, or disposing of recovered emission-
comparable fuel, contaminated soil or surface water, or any other 
material that results from a release, fire, or explosion at the 
facility.
    (ix) The emergency coordinator must ensure that, in the affected 
area(s) of the facility: materials that may be incompatible with the 
released emission-comparable fuel is treated, stored, or disposed of 
until cleanup procedures are completed; and all emergency equipment 
listed in the SPCC Plan is cleaned and fit for its intended use before 
operations are resumed.
    (x) You must note in the record the time, date, and details of any 
incident that requires implementing the SPCC Plan for the emission-
comparable fuel tank system or container storage unit. Within 15 days 
after the incident, you must submit a written report on the incident to 
the Regional Administrator. The report must include: the name, address, 
and telephone number of the owner or operator; the name, address, and 
telephone number of the facility; the date, time, and type of incident 
(e.g., fire, explosion); the name and quantity of material(s) involved; 
the extent of injuries, if any; an assessment of actual or potential 
hazards to human health or the environment, where this is applicable; 
and the estimated quantity and disposition of recovered material that 
resulted from the incident.
    (C) Response to leaks or spills and disposition of leaking or unfit-
for-use tank systems. (1) You must comply with the provisions of Sec. 
264.196 of this chapter, except for Sec. 264.196(e)(1) and (e)(4) of 
this chapter.
    (2) To satisfy the adopted provisions of Sec. 264.196, you must 
substitute the term ``emission-comparable fuel'' for the terms 
``hazardous waste'' and ``waste.''
    (3) Unless you satisfy the requirements of Sec. 264.196(e)(2) and 
(3) of this chapter, you must immediately cease using the tank system to 
store emission-comparable fuel and remove any liquid and solid residues 
under the conditions of paragraph (b)(13) of this section.
    (vi) Air emissions conditions adopted from part 63, subpart EEEE.--
(A) Applicability--(1) If your emission-comparable fuel storage, 
transfer, and transport equipment is not subject to the controls 
provided by Sec. 63.2346 of this

[[Page 119]]

chapter, you must determine whether you are subject to the provisions of 
paragraphs (c)(1)(vi)(B) and (C) of this section:
    (2) If your emission-comparable fuel storage tank is subject to the 
controls provided by Sec. 63.2346 of this chapter other than those 
prescribed by item 6 in Table 2 to subpart EEEE, part 63 of this chapter 
(i.e., requirements for organic liquids with an annual average true 
vapor pressure of the total listed organic HAP =76.6 
kilopascals (11.1 psia)), you must determine whether the tank would be 
subject to the controls prescribed by item 6 after considering the vapor 
pressure of the RCRA oxygenates listed in paragraph (c)(1)(vi)(B)(3) of 
this section as well as the organic HAP listed in Table 1 to subpart 
EEEE, part 63 of this chapter. If the annual average true vapor pressure 
of the total RCRA oxygenates and Table 1 organic HAP in the emission-
comparable fuel is =76.6 kilopascals (11.1 psia), you are 
subject to the requirements of paragraphs (c)(1)(vi)(B) through (C) of 
this section.
    (B) Conditions of applicability. To satisfy the conditions under 
paragraph (c)(1)(vi)(C) of this section that are adopted from part 63, 
subpart EEEE of this chapter, you must:
    (1) Satisfy the conditions irrespective of whether your facility is 
an area source as defined by Sec. 63.2 of this chapter.
    (2) Substitute the term ``RCRA oxygenates as well as organic HAP'' 
for each occurrence of the term ``organic HAP''; the term ``RCRA 
oxygenates as well as organic HAP listed in Table 1'' for each 
occurrence of the term ``organic HAP listed in Table 1''; and the term 
``RCRA oxygenates as well as Table 1 organic HAP'' for each occurrence 
of the term ``Table 1 organic HAP''.
    (3) Use the following definition of RCRA oxygenates: The term ``RCRA 
oxygenates'' means the following organic compounds:
    (i) Allyl alcohol (CAS No. 107-18-6);
    (ii) Bis(2-ethylhexyl)phthalate [Di-2-e thylhexyl phthalate] (CAS 
No.117-81-7);
    (iii) 2,4-Dimethylphenol (CAS No. 105-67-9);
    (iv) Ethyl methacrylate (CAS No. 97-63-2);
    (v) 2-Ethoxyethanol [Ethylene glycol monoethyl ether] (CAS No. 110-
80-5);
    (vi) Isobutyl alcohol (CAS No. 78-83-1);
    (vii) Isosafrole (CAS No. 120-58-1);
    (viii) Methyl ethyl ketone [2-Butanone] (CAS No. 78-93-3);
    (ix) 1,4-Naphthoquinone (CAS No. 130-15-4);
    (x) Propargyl alcohol [2-Propyn-1-ol] (CAS No. 107-19-7); and
    (xi) Safrole (CAS No. 94-59-7).
    (4) Use the following definition of organic liquid. Organic liquid 
means emission comparable fuel that:
    (i) Contains 5 percent by weight or greater of the RCRA oxygenates 
as well as organic HAP listed in Table 1 to this subpart, as determined 
using the procedures specified in Sec. 63.2354(c) of this chapter; and
    (ii) Has an annual average true vapor pressure of 0.7 kilopascals 
(0.1 psia) or greater.
    (5) Use the following definition of affected source. Affected source 
means the collection of activities and equipment used to distribute 
organic liquids into, out of, or within a facility.
    (6) Substitute the term ``subject to Sec. 261.38(c)(1)(vi)(C)of 
this chapter'' for each occurrence of the term ``subject to this 
subpart''.
    (7) Satisfy the conditions if:
    (i) Your organic liquids transfer equipment is exempt from subpart 
EEEE, part 63 of this chapter, under the provisions of Sec. 
63.228(c)(1) of this chapter, which exempts organic liquids transfer 
equipment at facilities subject to a NESHAP other than subpart EEEE, 
part 63; and
    (ii) The requirements applicable to the organic liquids transfer 
equipment under the other NESHAP are not equivalent to, at a minimum, 
the conditions under paragraphs (c)(1)(vi)(C), (c)(1)(vii), or (e) of 
this section. You must document and record your determination whether 
the requirements under the other NESHAP are less stringent than the 
conditions under paragraph (c)(1)(vi)(C) of this section. You may 
contact the RCRA regulatory authority to assist with this determination.

[[Page 120]]

    (8) Submit all notifications, reports, and other communications to 
the RCRA regulatory authority rather than the CAA regulatory authority.
    (C) Conditions to control air emissions under provisions adopted 
from part 63, subpart EEEE of this chapter. (1) The affected source is 
the equipment identified under Sec. 63.2338(b)(1) through (5) of this 
chapter, except for equipment identified in Sec. 63.2338(c)(2) through 
(3) of this chapter.
    (2) Definitions of new, reconstructed, and existing affected sources 
are provided under Sec. 63.2338(d) through (f) of this chapter.
    (3) You must comply with the emission limitations, operating limits, 
and work practice standards under Sec. 63.2346 of this chapter.
    (4) You must comply with the general requirements under Sec. 
63.2350 of this chapter. The startup, shutdown, and malfunction plan 
required by Sec. 63.2350(c) of this chapter need not address equipment 
not subject to paragraph (c)(1)(vi)(C) of this section.
    (5) You must comply with the performance tests, design evaluation, 
and performance evaluation requirements under Sec. 63.2354 of this 
chapter. When complying with Sec. 63.2354(c) of this chapter, however, 
you must determine the content of RCRA oxygenates as well as organic HAP 
in the emission-comparable fuel.
    (6) You must conduct performance tests and other initial compliance 
demonstrations prior to managing emission-comparable fuel in the storage 
unit.
    (7) You must conduct subsequent performance tests by the dates 
specified in Sec. 63.2362 of this chapter.
    (8) You must comply with the monitoring, installation, operation, 
and maintenance requirements under Sec. 63.2366 of this chapter.
    (9) You must demonstrate initial compliance with the emission 
limitations, operating limits, and work practice standards as required 
under Sec. 63.2370 of this chapter.
    (10) You must monitor and collect data to demonstrate continuous 
compliance and use the collected data as required by Sec. 63.2374 of 
this chapter.
    (11) You must demonstrate continuous compliance with the emission 
limitations, operating limits, and work practice standards as required 
by Sec. 63.2378 of this chapter.
    (12) You must submit the notifications and on the schedule required 
by Sec. 63.2382 of this chapter, except that initial notifications must 
be submitted prior to managing emission-comparable fuel in the storage 
unit. Notifications must be submitted to the RCRA regulatory authority.
    (13) You must submit the reports and on the schedule required by 
Sec. 63.2386 of this chapter. Reports must be submitted to the RCRA 
regulatory authority.
    (14) You must keep the applicable records required by Sec. 63.2390 
of this chapter.
    (15) You must keep records in the form, and for the duration, 
required by Sec. 63.2394 of this chapter.
    (16) The parts of the General Provisions that apply to you are 
provided by Sec. 63.2398 of this chapter.
    (17) The definitions that apply to the conditions under paragraph 
(c)(1)(vi)(C) of this section are provided by Sec. 63.2406 of this 
chapter, and paragraphs (c)(1)(vi)(B)(3) through (5) of this section.
    (18) You are subject to the requirements in Tables 1-12 to subpart 
EEEE, part 63 of this chapter.
    (vii) Air emissions conditions for tanks and containers that are not 
subject to conditions adopted from part 63, subpart EEEE. Tank and 
container storage units that are not subject to the conditions adopted 
from subpart EEEE, part 63 under paragraph (c)(1)(vi) of this section 
are subject to the conditions of this paragraph.
    (A) Tanks. (1) Level 1 control. (i) Applicability criteria. Tanks 
that meet the following vapor pressure limitations for emission-
comparable fuel for the tank size designations are subject to the air 
emission controls under paragraph (c)(1)(vii)(A)(1)(ii) of this section:
    (A) For a tank design capacity equal to or greater than 151 m\3\ 
(40,000 gallons), the annual average organic vapor pressure limit for 
the tank is 5.2 kPa (0.75 psia);
    (B) For a tank design capacity equal to or greater than 75 m\3\ 
(20,000 gallons) but less than 151 m\3\ (40,000 gallons), the annual 
average organic vapor pressure

[[Page 121]]

limit for the tank is 27.6 kPa (4.0 psia); and
    (C) For a tank design capacity less than 75 m\3\ (20,000 gallons), 
the annual average vapor pressure limit for the tank is 76.6 kPa (11.1 
psia);
    (ii) Conditions to control emissions. You must comply with the 
following requirements:
    (A) NESHAP provisions for level 1 control under subpart OO, part 63. 
Sections 63.901 through 63.907 of this chapter; or
    (B) NESHAP provisions for organic liquid distribution under subpart 
EEEE, part 63. The provisions under Item 1.a.i or 1.a.ii which require 
venting to a control device under provisions of subpart SS, part 63 of 
this chapter, or Level 2 tank emissions control under subpart WW, part 
63 of this chapter, or routing emissions to a fuel gas system or back to 
a process under Sec. 63.984 of subpart SS, part 63 of this chapter, or 
vapor balancing emissions to the transport vehicle from which the 
storage tank is filled under Sec. 63.2346(a)(4); or
    (C) Hazardous waste tank controls under subpart CC, part 264. The 
provisions for additional options provided for hazardous waste tanks 
under Sec. 264.1084(d)(3), (d)(4), or (d)(5) of this chapter for use of 
venting to a control device, a pressure tank, or a tank located inside 
an enclosure that is vented through a closed-vent system to an enclosed 
combustion control device, and the associated provisions under 
Sec. Sec. 63.1081 (definitions), 264.1083(c) (determination of vapor 
pressure), 264.1084(j) (transfer to a tank), 264.1087 (closed-vent 
systems and control devices), and 264.89(b) (recordkeeping) of this 
chapter. To satisfy these adopted provisions, you must substitute the 
term ``emission-comparable fuel'' for the terms ``hazardous waste'' and 
``waste.''
    (2) Level 2 control. (i) Applicability criteria. Tanks that do not 
meet the vapor pressure limitations for emission-comparable fuel for the 
tank size designations under paragraph (c)(1)(vii)(A)(1)(i) of this 
section are subject to the air emission controls under paragraph 
(c)(1)(vii)(A)(2)(ii) of this section.
    (ii) Conditions to control emissions. To satisfy the conditions to 
control emissions, you must comply with the requirements under 
paragraphs (c)(1)(vii)(A)(1)(ii)(B) or (C) of this section.
    (3) Equipment leaks. For each valve, pump, compressor, pressure 
relief device, sampling connection system, open-ended valve or line, or 
flange or other connector, and any control devices or systems used to 
manage emission-comparable fuel in a tank system subject to paragraph 
(c)(1)(vii)(A) of this section, you must comply with the applicable 
requirements under 40 CFR part 63, subpart TT (control level 1), except 
for Sec. 63.1000; or subpart UU (control level 2), except for Sec. 
63.1019; or subpart H, except for Sec. Sec. 63.160, 63.162(b) and (e), 
and 63.183.
    (B) Containers. (1) Level 1 control. (i) Applicability criteria. 
Containers that meet the following criteria are subject to the air 
emission controls under paragraph (c)(1)(vii)(B)(1)(ii) of this section:
    (A) Containers having a design capacity greater than 0.1 m\3\ and 
less than or equal to 0.46 m\3\;
    (B) Containers having a design capacity greater than 0.46 m\3\ that 
are not in light liquid service, as defined in Sec. 264.1031 of this 
chapter.
    (C) Containers having a design capacity greater than 0.46 m\3\ that 
are in light liquid service, as defined in Sec. 264.1031 of this 
chapter.
    (ii) Conditions to control emissions. To satisfy the conditions on 
Level I control of emissions, you must comply with the following 
requirements:
    (A) The NESHAP provisions for containers under subpart PP, part 63 
at Sec. Sec. 63.922 (level 1 control) or 63.923 (level 2 control) of 
this chapter; and
    (B) The ancillary provisions under subpart PP, part 63 at Sec. Sec. 
63.921 (definitions), 63.925 (test methods and procedures), 63.926 
(inspection and monitoring requirements), 63.927 (recordkeeping 
requirements), and 63.928 (reporting requirements) of this chapter.
    (2) Level 2 control. (i) Applicability criteria. Containers that do 
not meet the criteria under paragraph (c)(1)(vii)(B)(1)(i) of this 
section are subject to the air emission controls under paragraph 
(c)(1)(vii)(B)(2)(ii) of this section.

[[Page 122]]

    (ii) Conditions to control emissions. To satisfy the conditions on 
Level II control of emissions, you must comply with the following 
requirements:
    (A) The NESHAP provisions for containers under subpart PP, part 63 
at Sec. 63.923 (level 2 control) of this chapter; and
    (B) The ancillary provisions under subpart PP, part 63 at Sec. Sec. 
63.921 (definitions), 63.925 (test methods and procedures), 63.926 
(inspection and monitoring requirements, 63.927 (recordkeeping 
requirements), and 63.928 (reporting requirements) of this chapter.
    (3) Equipment leaks. For each valve, pump, compressor, pressure 
relief device, sampling connection system, open-ended valve or line, or 
flange or other connector, and any control devices or systems used to 
manage emission-comparable fuel in a container subject to paragraph 
(c)(1)(vii)(B) of this section, you must comply with the applicable 
requirements under 40 CFR part 63, subpart TT (control level 1), except 
for Sec. 63.1000; or subpart UU (control level 2), except for Sec. 
63.1019; or subpart H, except for Sec. Sec. 63.160, 63.162(b) and (e), 
and 63.183.
    (viii) Management of incompatible fuels and other materials--(A) 
Generators and burners of emission-comparable fuel must document in the 
fuel analysis plan under paragraph (b)(4) of this section how (e.g., 
using trial tests, analytical results, scientific literature, or process 
knowledge) precautions will be taken to prevent mixing of excluded fuels 
and other materials which could result in reactions which:
    (1) Generate extreme heat or pressure, fire or explosions, or 
violent reactions;
    (2) Produce uncontrolled toxic mists, fumes, dusts, or gases;
    (3) Produce uncontrolled flammable fumes or gases; or
    (4) Damage the structural integrity of the storage unit or facility.
    (B) Burners that blend emission-comparable fuel with other fuels but 
that are exempt from fuel analysis requirements under paragraphs (b)(4) 
and (b)(5)(iii) of this section must document in the operating record 
how precautions will be taken to prevent mixing of emission-comparable 
fuel with other fuels which could result in the reactions listed in 
paragraph (c)(viii)(A) of this section.
    (C) Incompatible fuels must not be placed in the same tank or 
container.
    (2) Burning. (i) Types of combustors that may burn emission-
comparable fuel. Emission-comparable fuel must be burned in a boiler 
meeting the conditions of paragraph (c)(2)(i)(A) of this section or a 
hazardous waste combustor under the conditions of paragraph (c)(2)(i)(B) 
of this section.
    (A) Boilers. Emission-comparable fuel may be burned in an industrial 
or utility boiler as defined in paragraph (b)(3) of this section but 
that is further restricted by being a watertube type of steam boiler 
that does not feed fuel using a stoker or stoker-type mechanism.
    (B) Hazardous waste combustors. (1) Emission-comparable fuel may be 
burned in an incinerator, cement kiln, lightweight aggregate kiln, 
boiler, or halogen acid production furnace operating under a RCRA permit 
issued under part 270 of this chapter and in compliance with the 
applicable provisions of subpart O of part 264, subpart H of part 266, 
or subpart EEE of part 63 of this chapter, provided that the emission-
comparable fuel is burned under the same operating requirements that 
apply to hazardous waste burned by the combustor.
    (2) When emission-comparable fuel is burned in a hazardous waste 
combustor under the provisions of paragraph (c)(2)(i)(B) of this 
section, the operating conditions under paragraph (c)(2)(ii) of this 
section do not apply, except for:
    (i) The emission-comparable fuel constituent feedrate conditions 
under paragraph (c)(2)(ii)(C) of this section continue to apply; and
    (ii) The emission-comparable fuel automatic feed cutoff system 
requirements under paragraph (c)(2)(ii)(G) of this section that apply to 
monitoring the constituent feedrate limits as specified under paragraph 
(c)(2)(ii)(G)(1)(ii) of this section continue to apply.
    (ii) Operating conditions--(A) Primary fuels. (1) A minimum of 50 
percent of fuel fired to the boiler shall be fossil fuel, fuels derived 
from fossil fuel, tall oil, or comparable fuel meeting the 
specifications provided by paragraph

[[Page 123]]

(a)(1) of this section. Such fuels are termed ``primary fuel'' for 
purposes of this section. (Tall oil is a fuel derived from vegetable and 
rosin fatty acids.) The primary fuel shall comprise at least 50% of the 
total fuel heat input to the boiler and at least 50% of the total fuel 
mass input to the boiler.
    (2) The primary fuel firing rate shall be continuously monitored and 
the minimum primary fuel firing rate limit shall be achieved on an 
hourly rolling average basis;
    (B) Fuel heating value. Primary fuels shall have a minimum as-fired 
heating value of 8,000 Btu/lb, and each material fired in a firing 
nozzle where emission-comparable fuel is fired must have a heating value 
of at least 8,000 Btu/lb, as-fired;
    (C) Feedrate limits for emission-comparable fuel constituents. The 
total feedrate, considering all combustor feedstreams, of each emission-
comparable fuel constituent listed under paragraph (a)(2)(ii)(B) of this 
section shall not exceed the limit provided by Table 2 to this section.
    (1) The feedrate limits are expressed as gas flowrate-normalized 
feedrates in the units ``ug/dscm''.
    (2) The feedrate limit for total combustor feedstreams expressed as 
mass/unit time (kg/hr) for each emission-comparable fuel constituent is 
determined by multiplying the gas flowrate-normalized feedrate limit 
provided by Table 2 to this section times the combustor gas flowrate.
    (3) The maximum constituent feedrate (kg/hr) attributable to 
emission-comparable fuel is the total combustor constituent feedrate 
(kg/hr) minus the constituent feedrate (kg/hr) for all other combustor 
feedstreams.
    (4) To account for emission-comparable fuel constituents in primary 
fuels, burners may use measured concentrations of the constituents, or:
    (i) If natural gas is used as a primary fuel, burners may assume 
that natural gas does not contain emission-comparable fuel constituents 
and that natural gas has a heating value of 22,000 Btu/lb;
    (ii) If fuel oil is used as a primary fuel, burners may use the 
default concentrations for emission-comparable fuel constituents 
provided in Table 3 to this section, and assume that fuel oil has a 
heating value of 19,200 Btu/lb; and
    (iii) If coal is used as a primary fuel, burners may use the default 
concentrations for emission-comparable fuel constituents provided in 
Table 4 to this section, and assume that coal has a heating value of 
11,100 Btu/lb.
    (5) The feedrate of each emission-comparable fuel constituent shall 
be continuously monitored (by knowing the concentration of the 
constituent in each feedstream and by monitoring the feedrate of each 
feedstream), and the maximum feedrate limit for each constituent shall 
not be exceeded on an hourly rolling average basis.
    (D) CO CEMS. When burning emission-comparable fuel, carbon monoxide 
emissions must not exceed 100 parts per million by volume, over an 
hourly rolling average (monitored with a continuous emissions monitoring 
system (CEMS)), dry basis and corrected to 7 percent oxygen. You must 
use an oxygen CEMS to continuously correct the carbon monoxide level to 
7 percent oxygen. You must install, calibrate, maintain, and 
continuously operate the CEMS in compliance with the quality assurance 
procedures provided in the appendix to subpart EEE of part 63 of this 
chapter (Quality Assurance Procedures for Continuous Emissions Monitors 
Used for Hazardous Waste Combustors) and Performance Specification 4B 
(carbon monoxide and oxygen) in appendix B, part 60 of this chapter.
    (E) Dioxin/furan control--(1) If the boiler is equipped with a dry 
particulate matter control device and the primary fuel is not coal, you 
must continuously monitor the combustion gas temperature at the inlet to 
the dry particulate matter control device, and the gas temperature must 
not exceed 400 [deg]F on an hourly rolling average basis.
    (2) Calibration of thermocouples. The calibration of thermocouples 
must be verified at a frequency and in a manner consistent with 
manufacturer specifications, but no less frequently than once per year.
    (F) Calculation of rolling averages--(1) Calculation of rolling 
averages upon intermittent operations. You must ignore periods of time 
when one-minute values are not available for calculating

[[Page 124]]

the hourly rolling average. When one-minute values become available 
again, the first one-minute value is added to the previous 59 values to 
calculate the hourly rolling average.
    (2) Calculation of rolling averages when the emission-comparable 
fuel feed is cutoff. You must continue monitoring carbon monoxide and 
combustion gas temperature at the inlet to the dry particulate matter 
emission control device when the emission-comparable fuel feed is 
cutoff, but the source continues operating on other fuels. You must not 
resume feeding emission-comparable fuel if the emission levels exceed 
the limits provided in paragraphs (c)(2)(ii)(D) and (E) of this section.
    (G) Automatic fuel feed cutoff system--(1) General. You must operate 
the boiler with a functioning system that immediately and automatically 
cuts off the emission-comparable fuel feed, except as provided by 
paragraph (c)(2)(ii)(G)(6) of this section:
    (i) When the hourly rolling average carbon monoxide level exceeds 
100 ppmv or the combustion gas temperature at the inlet to the initial 
dry particulate matter control device (and the primary fuel is not coal) 
exceeds 400 [deg]F on an hourly rolling average.
    (ii) When the emission-comparable fuel feedrate limit for a 
constituent exceeds the limit provided by Table 2 to this section.
    (iii) When the primary fuel firing rate is below 50 percent on a 
heat input and mass input basis;
    (iv) When the steam production rate (or other indicator of boiler 
load) indicates that the boiler load is below 40 percent;
    (v) When the span value of the combustion gas temperature detector 
is exceeded;
    (vi) Upon malfunction of the carbon monoxide CEMS, the gas 
temperature detector, the feedrate monitor(s) for the primary fuel, the 
feedrate monitor(s) used to comply with the maximum feedrate limits for 
emission-comparable fuel constituents, or the monitor for boiler load; 
or
    (iv) When any component of the automatic fuel feed cutoff system 
fails.
    (2) Failure of the automatic fuel feed cutoff system. If the 
automatic emission-comparable fuel feed cutoff system fails to 
automatically and immediately cut off the flow of emission-comparable 
fuel (except as provided by paragraph (c)(2)(ii)(G)(6) of this section) 
upon an occurrence of an event linked to the cutoff system as required 
under paragraph (c)(2)(ii)(G)(1) of this section, you have failed to 
comply with the emission-comparable fuel cutoff conditions of this 
section. If an equipment failure prevents immediate and automatic cutoff 
of the emission-comparable fuel feed, however, you must cease feeding 
emission-comparable fuel as quickly as possible.
    (3) Exceedance of a limit. If, notwithstanding an automatic 
emission-comparable fuel feed cutoff, a limit linked to the cutoff 
system under paragraphs (c)(2)(ii)(G)(1)(i) through (iv) of this section 
is exceeded while emission-comparable fuel remains in the combustion 
chamber, you have failed to comply with a condition of the exclusion.
    (4) Exceedance reporting. For each exceedance of a limit linked to 
the cutoff system under paragraphs (c)(2)(ii)(G)(1)(i) through (iv) of 
this section while emission-comparable fuel remains in the combustion 
chamber (i.e., when the emission-comparable fuel residence time has not 
transpired since the emission-comparable fuel feed was cutoff), you must 
submit to the RCRA regulatory authority a written report within 5 
calendar days of the exceedance documenting:
    (i) The exceedance;
    (ii) The measures you have taken to manage the material as a 
hazardous waste; and
    (iii) The measures you have taken to notify the generator that you 
have failed to comply with a condition of the exclusion.
    (5) Testing. The automatic emission-comparable fuel feed cutoff 
system and associated alarms must be tested at least weekly to verify 
operability, unless you document in the operating record that weekly 
inspections will unduly restrict or upset operations and that less 
frequent inspection will be adequate. At a minimum, you must conduct 
operability testing at least monthly. You must document and record in 
the operating record automatic emission-comparable fuel feed

[[Page 125]]

cutoff system operability test procedures and results.
    (6) Ramping down emission-comparable fuel feed. You may ramp down 
the emission-comparable fuel feedrate over a period not to exceed one 
minute. If you elect to ramp down the emission-comparable fuel feed, you 
must document ramp down procedures in the operating record. The 
procedures must specify that the ramp down begins immediately upon 
initiation of automatic emission-comparable fuel feed cutoff and the 
procedures must prescribe a bona fide ramping down. If a limit linked to 
the cutoff system under paragraphs (c)(2)(ii)(G)(1)(i) through (iv) of 
this section is exceeded during the ramp down, you have failed to comply 
with that limit.
    (H) Boiler load. (1) Boiler load shall not be less than 40 percent. 
Boiler load is the ratio at any time of the total heat input to the 
maximum design heat input.
    (2) Steam production rate or other measure of boiler load shall be 
monitored continuously and the minimum 40 percent load shall be 
maintained on an hourly rolling average basis.
    (I) Fuel atomization. The emission-comparable fuel shall be fired 
directly into the primary fuel flame zone of the combustion chamber with 
an air or steam atomization firing system, mechanical atomization 
system, or a rotary cup atomization system under the following 
conditions:
    (1) Particle size. The emission-comparable fuel must pass through a 
200 mesh (74 micron) screen, or equivalent;
    (2) Mechanical atomization systems. Fuel pressure within a 
mechanical atomization system and fuel flow rate shall be maintained 
within the design range taking into account the viscosity and volatility 
of the fuel;
    (3) Rotary cup atomization systems. Fuel flow rate through a rotary 
cup atomization system must be maintained within the design range taking 
into account the viscosity and volatility of the fuel.
    (J) Definition of continuous monitoring systems. (1) Continuous 
monitoring systems (CMS) must sample the controlled parameter without 
interruption, and evaluate the detector response at least once each 15 
seconds, and compute and record the average values at least every 60 
seconds.
    (2) For CMS other than the CO CEMS, you must install, operate, and 
calibrate the other CMS according to the manufacturer's written 
specifications or recommendations, at a minimum.
    (iii) Boiler operator training. (A) Boiler operators are personnel 
that operate or maintain the boiler when emission-comparable fuel is 
burned, including continuous monitoring systems and the emission-
comparable fuel automatic feed cutoff system.
    (B) Boiler operators must successfully complete a program that 
teaches them to perform their duties in a way that ensures the boiler's 
compliance with the operating conditions under paragraph (c)(2)(ii) of 
this section. The boiler owner or operator must ensure that this program 
includes all the elements described in the document required under 
paragraph (c)(2)(iii)(F) of this section.
    (C) This program must be directed by a person trained in boiler 
operation procedures, and must include instruction which teaches boiler 
operators procedures relevant to the positions in which they are 
employed.
    (D) At a minimum, the training program must be designed to ensure 
that boiler operators understand the operating conditions under 
paragraph (c)(2)(ii) of this section and are able to respond effectively 
when the emission-comparable fuel automatic feed cutoff system engages 
an automatic cutoff of the feed of emission-comparable fuel.
    (E) Boiler operators must take part in an annual review of the 
initial training required in paragraph (c)(2)(iii)(B) of this section.
    (F) The boiler owner or operator must maintain the following 
documents and records at the facility:
    (1) The job title for each boiler operator position, and the name of 
the employee filling each job;
    (2) A written job description for each position listed under 
paragraph (c)(2)(iii)(F)(1) of this section. This description may be 
consistent in its degree of specificity with descriptions for other 
similar positions in the same company location or bargaining unit, but 
must include the requisite skill,

[[Page 126]]

education, or other qualifications, and duties of employees assigned to 
each position;
    (3) A written description of the type and amount of both 
introductory and continuing training that will be given to each person 
filling a position listed under paragraph (c)(2)(iii)(F)(1) of this 
section; and
    (4) Records that document that the training or job experience 
required under paragraphs (c)(2)(iii)(B), (C), (D), and (E) of this 
section has been given to, and completed by, boiler operators.
    (5) Training records on current personnel must be kept until 
emission-comparable fuel is no longer burned in the boiler. Training 
records on former boiler operators must be kept for at least three years 
from the date the employee last worked as a boiler operator at the 
facility. Personnel training records may accompany personnel transferred 
within the same company.
    (3) Off-site shipments. (i) Emission-comparable fuel may not be 
managed by any entity other than its generator, transporter, and 
designated burner.
    (ii) Emission-comparable fuel may not be exported to a foreign 
country.
    (4) EPA Identification Number. A burner that receives emission-
comparable fuel from an offsite generator must have or obtain an EPA 
identification number from the Administrator. A burner who has not 
received an EPA identification number may obtain one by applying to the 
Administrator using EPA form 8700-12. Upon receiving the request, the 
Administrator will assign an EPA identification number to the burner.
    (5) Notification, reporting, and recordkeeping. Except as provided 
by paragraph (c)(5)(iv) of this section, burners of emission-comparable 
fuel are subject to the following conditions:
    (i) Initial Notification. (A) Off-site burners. A burner that 
receives emission-comparable fuel from an offsite generator must submit 
an initial notification to the Regional or State RCRA and CAA Directors 
prior to receiving the first shipment:
    (1) Providing the name, address, and EPA identification number of 
the burner;
    (2) Certifying that the excluded fuel will be stored under the 
conditions of paragraphs (c)(1) or (e) of this section and burned in a 
boiler or hazardous waste combustor under the conditions of paragraph 
(c)(2) of this section, and that the burner will comply with the 
notification, reporting, and recordkeeping conditions of paragraph 
(c)(5) of this section;
    (3) Identifying the specific units that will burn the excluded fuel;
    (4) Providing an estimate of the maximum annual quantity of 
emission-comparable fuel that will be burned, and an estimate of the 
maximum as-fired concentrations of each constituent in Table 2 to this 
section for which the emission-comparable fuel exceeds the 
specifications for comparable fuel in Table 1 to this section;
    (5) Providing documentation that ECF will be fired into the flame 
zone of the primary fuel; and
    (6) Certifying that the state in which the burner is located is 
authorized to exclude wastes as excluded fuel under the provisions of 
this section.
    (B) On-site burners. An on-site burner must include in the one-time 
generator notification required under paragraphs (b)(2)(i)(A) and (B) of 
this section the information identified under paragraphs (c)(5)(i)(A)(3) 
through (5) of this section.
    (C) If there is a substantive change in the information provided in 
the initial notification, the burner must submit a revised notification.
    (ii) Reporting. The burner must submit to the RCRA regulatory 
authority reports of exceedances of operating parameter limits that are 
linked to the emission-comparable fuel automatic feed cutoff system, as 
required under paragraph (c)(2)(ii)(G)(4) of this section.
    (iii) Recordkeeping. (A) Records of shipments. If the burner 
receives a shipment of emission-comparable fuel from an offsite 
generator, the burner must retain for each shipment the following 
information on-site in the operating record:
    (1) The name, address, and RCRA ID number of the generator shipping 
the excluded fuel;
    (2) The quantity of excluded fuel delivered;
    (3) For ECF that would have otherwise been a hazardous waste listed 
in

[[Page 127]]

Sec. Sec. 261.31 through 261.33, the hazardous waste code for the 
listed waste; and
    (4) The date of delivery;
    (B) Boiler operating data. The burner must retain records of 
information required to comply with the operating conditions of 
paragraph (c)(2) of this section in an operating record.
    (C) Records retention. The burner must retain records at the 
facility for three years.
    (iv) Burners that are hazardous waste combustors. Hazardous waste 
combustors that burn emission-comparable fuel under the provisions of 
paragraph (c)(2)(i)(B) of this section are not subject to the provisions 
of paragraphs (c)(5)(i) through (iii) of this section, except:
    (A) The provisions of paragraphs (c)(5)(i)(A)(1) and (3), and 
paragraphs (c)(5)(iii)(A) and (C) apply; and
    (B) The initial notification required under paragraphs 
(c)(5)(i)(A)(1) and (3) must include a certification that the excluded 
fuel will be stored under the conditions of paragraphs (c)(1) or (e) of 
this section.
    (d) Failure to comply with the conditions of the exclusion. (1) 
General. An excluded fuel loses its exclusion if any person managing the 
fuel fails to comply with the conditions of the exclusion under this 
section, and the material must be managed as hazardous waste from the 
point of generation. In such situations, EPA or an authorized state 
agency may take enforcement action under RCRA section 3008(a), except as 
provided in paragraph (d)(2) of this section.
    (2) Emission-comparable fuel burned in an off-site, unaffiliated 
burner. If the generator that claims the exclusion for emission-
comparable fuel that is burned in an off-site, unaffiliated burner 
documents in the operating record that reasonable efforts have been made 
under this paragraph to ensure that such burner complies with the 
conditions of exclusion, the burner rather than the generator will be 
liable for discarding a hazardous waste upon a finding that such burner 
has not complied with a condition of exclusion.
    (i) In making these reasonable efforts, the generator must, at a 
minimum, affirmatively answer the following questions prior to shipping 
emission-comparable fuel to the burner:
    (A) Has the burner submitted the notification to the RCRA and CAA 
Directors required under paragraph (c)(5)(i) of this section, and has 
the burner published the public notice of burning activities required 
under paragraph (b)(2)(ii) of this section?
    (B) Does publicly available information indicate that the burner 
facility has not had any formal enforcement actions taken against the 
facility in the previous three years for violations of the RCRA 
hazardous waste regulations and has not been classified as a significant 
non-complier with RCRA Subtitle C? In answering this question, the 
emission-comparable fuel generator can rely on the publicly available 
information from EPA or the state. If the burner facility has had a 
formal enforcement action taken against it in the previous three years 
for violations of the RCRA hazardous waste regulations and has been 
classified as a significant non-complier with RCRA Subtitle C, does the 
emission-comparable fuel generator have credible evidence that the 
burner will manage the emission-comparable fuel properly? In answering 
this question, the emission-comparable fuel generator can obtain 
additional information from EPA, the state, or the facility itself that 
the facility has addressed the violations, taken remedial steps to 
address the violations and prevent future violations, or that the 
violations are not relevant to the management of emission-comparable 
fuel under the conditions of this section.
    (C) Does the burner have the equipment and trained personnel to 
manage the emission-comparable fuel under the conditions of this 
section?
    (ii) In making these reasonable efforts, the generator may use any 
credible evidence available, including information obtained from the 
burner and information obtained from a third party;
    (iii) The generator must maintain for a minimum of three years 
documentation and certification that reasonable efforts were made for 
each burner facility to which emission-comparable fuel is shipped.

[[Page 128]]

    (A) Documentation and certification must be made available upon 
request by a regulatory authority within 72 hours, or within a longer 
period of time as specified by the regulatory authority.
    (B) The certification statement must:
    (1) Be signed and dated by an authorized representative of the 
generator company; and
    (2) Incorporate the following language: ``I hereby certify in good 
faith and to the best of my knowledge that, prior to arranging for 
transport of emission-comparable fuel to [insert name(s) of burner 
facility], reasonable efforts were made to ensure that the emission-
comparable fuel would be stored and burned under the conditions 
prescribed by Sec. 261.38, and that such efforts were based on current 
and accurate information.''
    (iv) Reasonable efforts must be repeated at a minimum of every three 
years.
    (v) An unaffiliated burner is a boiler or hazardous waste combustor 
located at a facility that is not owned by the same parent company that 
generated the emission-comparable fuel.
    (e) Alternative storage conditions for emissions-comparable fuel. 
Emission-comparable fuel may be stored in a tank or container under the 
following conditions adopted from 40 CFR Part 264 in lieu of the 
conditions specified under paragraphs (c)(1)(iii) through (c)(1)(viii) 
of this section. When satisfying these conditions, you must substitute 
the term ``emission-comparable fuel'' for each occurrence of the term 
``hazardous waste'' or ``waste.'' You must document in the operating 
record whether you are complying with the alternative storage conditions 
of this paragraph, or the storage conditions under paragraphs 
(c)(1)(iii) through (c)(1)(viii) of this section.
    (1) Security. You must comply with the requirements under Sec. 
264.14 of this chapter to provide security for your emission-comparable 
fuel storage facility.
    (2) General inspection requirements. You must comply with the 
general inspection requirements under Sec. 264.15 of this chapter for 
your emission-comparable fuel storage facility.
    (3) Personnel training. You must comply with the personnel training 
requirements under Sec. 264.16 of this chapter for emission-comparable 
fuel storage facility personnel.
    (4) General requirements for ignitable, reactive, or incompatible 
materials. You must comply with the requirements for ignitable, 
reactive, or incompatible materials managed by the emission-comparable 
fuel storage facility.
    (5) Preparedness and prevention. You must comply with the 
preparedness and prevention requirements under Sec. Sec. 264.31 through 
264.37 of this chapter with respect to your emission-comparable fuel 
storage facility.
    (6) Contingency plan and emergency procedures. You must comply with 
the contingency plan and emergency procedure requirements under 
Sec. Sec. 264.51 through 264.56 of this chapter with respect to your 
emission-comparable fuel storage facility.
    (7) Air emission requirements for equipment leaks. You must comply 
with the requirements under Sec. Sec. 264.1051 through 264.1065 of this 
chapter to control leaks from equipment used to manage emission-
comparable fuel;
    (8) Use and management of containers. If you store emission-
comparable fuel in a container, you must comply with the following 
requirements for use and management of those containers:
    (i) Condition of containers. You must comply with the requirements 
to ensure containers are in good condition under Sec. 264.171 of this 
chapter;
    (ii) Compatibility of emission-comparable fuel with containers. You 
must comply with the requirements to ensure compatibility of emission-
comparable fuel with containers under Sec. 264.172 of this chapter;
    (iii) Management of containers. You must manage containers as 
prescribed by Sec. 264.173 of this chapter;
    (iv) Inspections. You must inspect containers and the containment 
system as prescribed by Sec. 264.174 of this chapter;
    (v) Containment. You must comply with the containment provisions 
under Sec. 264.175 of this chapter;
    (vi) Special requirements for ignitable or reactive emission-
comparable fuel. You

[[Page 129]]

must comply with the provisions for ignitable or reactive emission-
comparable fuel under Sec. 264.176 of this chapter; and
    (vii) Air emission standards. You must comply with the air emission 
requirements under Sec. Sec. 264.1081, 264.1086(b)(1), (c), (d), and 
(f) through (h), 264.1088, and 264.1089 of this chapter.
    (viii) Closed vent systems and control devices. If you use a closed 
vent system or control device to comply with paragraph (e)(8)(vii) of 
this section, you must comply with the requirements under Sec. Sec. 
264.1033(b) through (o), and 264.1034 through 264.1036 of this chapter.
    (9) Tank systems. If you store emission-comparable fuel in a tank, 
you must comply with the following requirements:
    (i) Containment and detection of releases. You must comply with the 
requirements for containment and detection of releases under Sec. 
264.193(b), (c), (d), (e), and (f) of this chapter;
    (ii) General operating requirements. You must comply with the 
general operating requirements under Sec. 264.194 of this chapter;
    (iii) Inspections. You must comply with the inspection requirements 
under Sec. 264.195 of this chapter;
    (iv) Response to leaks or spills and disposition of leaking or 
unfit-for-use tank systems. You must comply with the requirements 
regarding response to leaks or spills and disposition of leaking or 
unfit-for-use tank systems under Sec. 264.196 of this chapter, except 
that Sec. 264.196(e)(1) reads for emission-comparable fuel tank 
systems: ``Unless the owner/operator satisfies the requirements of 
paragraphs (e)(2) through (4) of this section, the tank system must be 
closed''.
    (v) Special requirements for ignitable or reactive materials. You 
must comply with the requirements for ignitable and reactive materials 
under Sec. 264.198 of this chapter;
    (vi) Special requirements for incompatible materials. You must 
comply with the requirements for incompatible materials under Sec. 
264.199 of this chapter; and
    (vii) Air emissions. (A) You must comply with the requirements to 
control air emissions under Sec. Sec. 264.1081, 264.1083(c), 
264.1084(b) through (l), 264.1087 through 264.1089, and 264.1090(b) 
through (d) of this chapter.
    (B) Closed vent systems and control devices. If you use a closed 
vent system or control device to comply with paragraph (e)(9)(vii) of 
this section, you must comply with the requirements under Sec. Sec. 
264.1033(b) through (o), and 264.1034 through 264.1036 of this chapter.
    (f) Notification of closure of an emission-comparable fuel tank or a 
container storage unit. If you store emission-comparable fuel in a tank 
or container, you must submit a notification to the RCRA regulatory 
authority when a container storage area or a tank system goes out of 
emission-comparable fuel service which states the date when the tank or 
container storage area goes out of service.

[[Page 130]]

[GRAPHIC] [TIFF OMITTED] TR19DE08.006


[[Page 131]]


[GRAPHIC] [TIFF OMITTED] TR19DE08.007


[[Page 132]]


[GRAPHIC] [TIFF OMITTED] TR19DE08.008


[[Page 133]]


[GRAPHIC] [TIFF OMITTED] TR19DE08.009


[[Page 134]]


[GRAPHIC] [TIFF OMITTED] TR19DE08.010


[[Page 135]]


[GRAPHIC] [TIFF OMITTED] TR19DE08.011


[[Page 136]]


[GRAPHIC] [TIFF OMITTED] TR19DE08.012


[[Page 137]]


[GRAPHIC] [TIFF OMITTED] TR19DE08.013


[73 FR 77997, Dec. 19, 2008]



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:
    (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:

[[Page 138]]

    (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 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.

[[Page 139]]

    (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.

Subparts F-G [Reserved]



 Subpart H_Financial Requirements for Management of Excluded Hazardous 
                           Secondary Materials

    Source: 73 FR 64764, Oct. 30, 2008, unless otherwise noted.



Sec. 261.140  Applicability.

    (a) The requirements of this subpart apply to owners or operators of 
reclamation and intermediate facilities managing hazardous secondary 
materials excluded under 40 CFR Sec. 261.4(a)(24), except as provided 
otherwise in this section.
    (b) States and the Federal government are exempt from the financial 
assurance requirements of this subpart.



Sec. 261.141  Definitions of terms as used in this subpart.

    The terms defined in Sec. 265.141(d), (f), (g), and (h) of this 
chapter have the same meaning in this subpart as they do in Sec. 
265.141 of this chapter.



Sec. 261.142  Cost estimate.

    (a) The owner or operator must have a detailed written estimate, in 
current dollars, of the cost of disposing of any hazardous secondary 
material as listed or characteristic hazardous waste, and the potential 
cost of closing the facility as a treatment, storage, and disposal 
facility.
    (1) The estimate must equal the cost of conducting the activities 
described in paragraph (a) of this section at the point when the extent 
and manner of the facility's operation would make these activities the 
most expensive; and
    (2) The cost estimate must be based on the costs to the owner or 
operator of

[[Page 140]]

hiring a third party to conduct these activities. A third party is a 
party who is neither a parent nor a subsidiary of the owner or operator. 
(See definition of parent corporation in Sec. 265.141(d) of this 
chapter.) The owner or operator may use costs for on-site disposal in 
accordance with applicable requirements if he can demonstrate that on-
site disposal capacity will exist at all times over the life of the 
facility.
    (3) The cost estimate may not incorporate any salvage value that may 
be realized with the sale of hazardous secondary materials, or hazardous 
or non-hazardous wastes if applicable under Sec. 265.5113(d) of this 
chapter, facility structures or equipment, land, or other assets 
associated with the facility.
    (4) The owner or operator may not incorporate a zero cost for 
hazardous secondary materials, or hazardous or non-hazardous wastes if 
applicable under Sec. 265.5113(d) of this chapter that might have 
economic value.
    (b) During the active life of the facility, the owner or operator 
must adjust the cost estimate for inflation within 60 days prior to the 
anniversary date of the establishment of the financial instrument(s) 
used to comply with Sec. 261.143. For owners and operators using the 
financial test or corporate guarantee, the cost estimate must be updated 
for inflation within 30 days after the close of the firm's fiscal year 
and before submission of updated information to the Regional 
Administrator as specified in Sec. 261.143(e)(3). The adjustment may be 
made by recalculating the cost estimate in current dollars, or by using 
an inflation factor derived from the most recent Implicit Price Deflator 
for Gross National Product published by the U.S. Department of Commerce 
in its Survey of Current Business, as specified in paragraphs (b)(1) and 
(2) of this section. The inflation factor is the result of dividing the 
latest published annual Deflator by the Deflator for the previous year.
    (1) The first adjustment is made by multiplying the cost estimate by 
the inflation factor. The result is the adjusted cost estimate.
    (2) Subsequent adjustments are made by multiplying the latest 
adjusted cost estimate by the latest inflation factor.
    (c) During the active life of the facility, the owner or operator 
must revise the cost estimate no later than 30 days after a change in a 
facility's operating plan or design that would increase the costs of 
conducting the activities described in paragraph (a) or no later than 60 
days after an unexpected event which increases the cost of conducting 
the activities described in paragraph (a) of this section. The revised 
cost estimate must be adjusted for inflation as specified in paragraph 
(b) of this section.
    (d) The owner or operator must keep the following at the facility 
during the operating life of the facility: The latest cost estimate 
prepared in accordance with paragraphs (a) and (c) and, when this 
estimate has been adjusted in accordance with paragraph (b), the latest 
adjusted cost estimate.



Sec. 261.143  Financial assurance condition.

    Per Sec. 261.4(a)(24)(vi)(F) of this chapter, an owner or operator 
of a reclamation or intermediate facility must have financial assurance 
as a condition of the exclusion as required under Sec. 261.4(a)(24) of 
this chapter. He must choose from the options as specified in paragraphs 
(a) through (e) of this section.
    (a) Trust fund. (1) An owner or operator may satisfy the 
requirements of this section by establishing a trust fund which conforms 
to the requirements of this paragraph and submitting an originally 
signed duplicate of the trust agreement to the Regional Administrator. 
The trustee must be an entity which has the authority to act as a 
trustee and whose trust operations are regulated and examined by a 
Federal or State agency.
    (2) The wording of the trust agreement must be identical to the 
wording specified in Sec. 261.151(a)(1), and the trust agreement must 
be accompanied by a formal certification of acknowledgment (for example, 
see Sec. 261.151(a)(2)). Schedule A of the trust agreement must be 
updated within 60 days after a change in the amount of the current cost 
estimate covered by the agreement.

[[Page 141]]

    (3) The trust fund must be funded for the full amount of the current 
cost estimate before it may be relied upon to satisfy the requirements 
of this section.
    (4) Whenever the current cost estimate changes, the owner or 
operator must compare the new estimate with the trustee's most recent 
annual valuation of the trust fund. If the value of the fund is less 
than the amount of the new estimate, the owner or operator, within 60 
days after the change in the cost estimate, must either deposit an 
amount into the fund so that its value after this deposit at least 
equals the amount of the current cost estimate, or obtain other 
financial assurance as specified in this section to cover the 
difference.
    (5) If the value of the trust fund is greater than the total amount 
of the current cost estimate, the owner or operator may submit a written 
request to the Regional Administrator for release of the amount in 
excess of the current cost estimate.
    (6) If an owner or operator substitutes other financial assurance as 
specified in this section for all or part of the trust fund, he may 
submit a written request to the Regional Administrator for release of 
the amount in excess of the current cost estimate covered by the trust 
fund.
    (7) Within 60 days after receiving a request from the owner or 
operator for release of funds as specified in paragraph (a) (5) or (6) 
of this section, the Regional Administrator will instruct the trustee to 
release to the owner or operator such funds as the Regional 
Administrator specifies in writing. If the owner or operator begins 
final closure under subpart G of 40 CFR part 264 or 265, an owner or 
operator may request reimbursements for partial or final closure 
expenditures by submitting itemized bills to the Regional Administrator. 
The owner or operator may request reimbursements for partial closure 
only if sufficient funds are remaining in the trust fund to cover the 
maximum costs of closing the facility over its remaining operating life. 
No later than 60 days after receiving bills for partial or final closure 
activities, the Regional Administrator will instruct the trustee to make 
reimbursements in those amounts as the Regional Administrator specifies 
in writing, if the Regional Administrator determines that the partial or 
final closure expenditures are in accordance with the approved closure 
plan, or otherwise justified. If the Regional Administrator has reason 
to believe that the maximum cost of closure over the remaining life of 
the facility will be significantly greater than the value of the trust 
fund, he may withhold reimbursements of such amounts as he deems prudent 
until he determines, in accordance with Sec. 265.143(i) that the owner 
or operator is no longer required to maintain financial assurance for 
final closure of the facility. If the Regional Administrator does not 
instruct the trustee to make such reimbursements, he will provide to the 
owner or operator a detailed written statement of reasons.
    (8) The Regional Administrator will agree to termination of the 
trust when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with paragraph (i) of 
this section.
    (b) Surety bond guaranteeing payment into a trust fund. (1) An owner 
or operator may satisfy the requirements of this section by obtaining a 
surety bond which conforms to the requirements of this paragraph and 
submitting the bond to the Regional Administrator. The surety company 
issuing the bond must, at a minimum, be among those listed as acceptable 
sureties on Federal bonds in Circular 570 of the U.S. Department of the 
Treasury.
    (2) The wording of the surety bond must be identical to the wording 
specified in Sec. 261.151(b).
    (3) The owner or operator who uses a surety bond to satisfy the 
requirements of this section must also establish a standby trust fund. 
Under the terms of the bond, all payments made thereunder will be 
deposited by the surety directly into the standby trust fund in 
accordance with instructions from the Regional Administrator. This 
standby trust fund must meet the requirements specified in paragraph (a) 
of this section, except that:

[[Page 142]]

    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator with the surety bond; and
    (ii) Until the standby trust fund is funded pursuant to the 
requirements of this section, the following are not required by these 
regulations:
    (A) Payments into the trust fund as specified in paragraph (a) of 
this section;
    (B) Updating of Schedule A of the trust agreement (see Sec. 
261.151(a)) to show current cost estimates;
    (C) Annual valuations as required by the trust agreement; and
    (D) Notices of nonpayment as required by the trust agreement.
    (4) The bond must guarantee that the owner or operator will:
    (i) Fund the standby trust fund in an amount equal to the penal sum 
of the bond before loss of the exclusion under Sec. 261.4(a)(24) of 
this chapter or
    (ii) Fund the standby trust fund in an amount equal to the penal sum 
within 15 days after an administrative order to begin closure issued by 
the Regional Administrator becomes final, or within 15 days after an 
order to begin closure is issued by a U.S. district court or other court 
of competent jurisdiction; or
    (iii) Provide alternate financial assurance as specified in this 
section, and obtain the Regional Administrator's written approval of the 
assurance provided, within 90 days after receipt by both the owner or 
operator and the Regional Administrator of a notice of cancellation of 
the bond from the surety.
    (5) Under the terms of the bond, the surety will become liable on 
the bond obligation when the owner or operator fails to perform as 
guaranteed by the bond.
    (6) The penal sum of the bond must be in an amount at least equal to 
the current cost estimate, except as provided in paragraph (f) of this 
section.
    (7) Whenever the current cost estimate increases to an amount 
greater than the penal sum, the owner or operator, within 60 days after 
the increase, must either cause the penal sum to be increased to an 
amount at least equal to the current cost estimate and submit evidence 
of such increase to the Regional Administrator, or obtain other 
financial assurance as specified in this section to cover the increase. 
Whenever the current cost estimate decreases, the penal sum may be 
reduced to the amount of the current cost estimate following written 
approval by the Regional Administrator.
    (8) Under the terms of the bond, the surety may cancel the bond by 
sending notice of cancellation by certified mail to the owner or 
operator and to the Regional Administrator. Cancellation may not occur, 
however, during the 120 days beginning on the date of receipt of the 
notice of cancellation by both the owner or operator and the Regional 
Administrator, as evidenced by the return receipts.
    (9) The owner or operator may cancel the bond if the Regional 
Administrator has given prior written consent based on his receipt of 
evidence of alternate financial assurance as specified in this section.
    (c) Letter of credit. (1) An owner or operator may satisfy the 
requirements of this section by obtaining an irrevocable standby letter 
of credit which conforms to the requirements of this paragraph and 
submitting the letter to the Regional Administrator. The issuing 
institution must be an entity which has the authority to issue letters 
of credit and whose letter-of-credit operations are regulated and 
examined by a Federal or State agency.
    (2) The wording of the letter of credit must be identical to the 
wording specified in Sec. 261.151(c).
    (3) An owner or operator who uses a letter of credit to satisfy the 
requirements of this section must also establish a standby trust fund. 
Under the terms of the letter of credit, all amounts paid pursuant to a 
draft by the Regional Administrator will be deposited by the issuing 
institution directly into the standby trust fund in accordance with 
instructions from the Regional Administrator. This standby trust fund 
must meet the requirements of the trust fund specified in paragraph (a) 
of this section, except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator with the letter of credit; and

[[Page 143]]

    (ii) Unless the standby trust fund is funded pursuant to the 
requirements of this section, the following are not required by these 
regulations:
    (A) Payments into the trust fund as specified in paragraph (a) of 
this section;
    (B) Updating of Schedule A of the trust agreement (see Sec. 
261.151(a)) to show current cost estimates;
    (C) Annual valuations as required by the trust agreement; and
    (D) Notices of nonpayment as required by the trust agreement.
    (4) The letter of credit must be accompanied by a letter from the 
owner or operator referring to the letter of credit by number, issuing 
institution, and date, and providing the following information: The EPA 
Identification Number (if any issued), name, and address of the 
facility, and the amount of funds assured for the facility by the letter 
of credit.
    (5) The letter of credit must be irrevocable and issued for a period 
of at least 1 year. The letter of credit must provide that the 
expiration date will be automatically extended for a period of at least 
1 year unless, at least 120 days before the current expiration date, the 
issuing institution notifies both the owner or operator and the Regional 
Administrator by certified mail of a decision not to extend the 
expiration date. Under the terms of the letter of credit, the 120 days 
will begin on the date when both the owner or operator and the Regional 
Administrator have received the notice, as evidenced by the return 
receipts.
    (6) The letter of credit must be issued in an amount at least equal 
to the current cost estimate, except as provided in paragraph (f) of 
this section.
    (7) Whenever the current cost estimate increases to an amount 
greater than the amount of the credit, the owner or operator, within 60 
days after the increase, must either cause the amount of the credit to 
be increased so that it at least equals the current cost estimate and 
submit evidence of such increase to the Regional Administrator, or 
obtain other financial assurance as specified in this section to cover 
the increase. Whenever the current cost estimate decreases, the amount 
of the credit may be reduced to the amount of the current cost estimate 
following written approval by the Regional Administrator.
    (8) Following a determination by the Regional Administrator that the 
hazardous secondary materials do not meet the conditions of the 
exclusion under Sec. 261.4(a)(24), the Regional Administrator may draw 
on the letter of credit.
    (9) If the owner or operator does not establish alternate financial 
assurance as specified in this section and obtain written approval of 
such alternate assurance from the Regional Administrator within 90 days 
after receipt by both the owner or operator and the Regional 
Administrator of a notice from the issuing institution that it has 
decided not to extend the letter of credit beyond the current expiration 
date, the Regional Administrator will draw on the letter of credit. The 
Regional Administrator may delay the drawing if the issuing institution 
grants an extension of the term of the credit. During the last 30 days 
of any such extension the Regional Administrator will draw on the letter 
of credit if the owner or operator has failed to provide alternate 
financial assurance as specified in this section and obtain written 
approval of such assurance from the Regional Administrator.
    (10) The Regional Administrator will return the letter of credit to 
the issuing institution for termination when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with paragraph (i) of 
this section.
    (d) Insurance. (1) An owner or operator may satisfy the requirements 
of this section by obtaining insurance which conforms to the 
requirements of this paragraph and submitting a certificate of such 
insurance to the Regional Administrator At a minimum, the insurer must 
be licensed to transact the business of insurance, or eligible to 
provide insurance as an excess or surplus lines insurer, in one or more 
States.

[[Page 144]]

    (2) The wording of the certificate of insurance must be identical to 
the wording specified in Sec. 261.151(d).
    (3) The insurance policy must be issued for a face amount at least 
equal to the current cost estimate, except as provided in paragraph (f) 
of this section. The term ``face amount'' means the total amount the 
insurer is obligated to pay under the policy. Actual payments by the 
insurer will not change the face amount, although the insurer's future 
liability will be lowered by the amount of the payments.
    (4) The insurance policy must guarantee that funds will be available 
whenever needed to pay the cost of removal of all hazardous secondary 
materials from the unit, to pay the cost of decontamination of the unit, 
to pay the costs of the performance of activities required under subpart 
G of 40 CFR parts 264 or 265, as applicable, for the facilities covered 
by this policy. The policy must also guarantee that once funds are 
needed, the insurer will be responsible for paying out funds, up to an 
amount equal to the face amount of the policy, upon the direction of the 
Regional Administrator, to such party or parties as the Regional 
Administrator specifies.
    (5) After beginning partial or final closure under 40 CFR parts 264 
or 265, as applicable, an owner or operator or any other authorized 
person may request reimbursements for closure expenditures by submitting 
itemized bills to the Regional Administrator. The owner or operator may 
request reimbursements only if the remaining value of the policy is 
sufficient to cover the maximum costs of closing the facility over its 
remaining operating life. Within 60 days after receiving bills for 
closure activities, the Regional Administrator will instruct the insurer 
to make reimbursements in such amounts as the Regional Administrator 
specifies in writing if the Regional Administrator determines that the 
expenditures are in accordance with the approved plan or otherwise 
justified. If the Regional Administrator has reason to believe that the 
maximum cost over the remaining life of the facility will be 
significantly greater than the face amount of the policy, he may 
withhold reimbursement of such amounts as he deems prudent until he 
determines, in accordance with paragraph (h) of this section, that the 
owner or operator is no longer required to maintain financial assurance 
for the particular facility. If the Regional Administrator does not 
instruct the insurer to make such reimbursements, he will provide to the 
owner or operator a detailed written statement of reasons.
    (6) The owner or operator must maintain the policy in full force and 
effect until the Regional Administrator consents to termination of the 
policy by the owner or operator as specified in paragraph (i)(10) of 
this section. Failure to pay the premium, without substitution of 
alternate financial assurance as specified in this section, will 
constitute a significant violation of these regulations warranting such 
remedy as the Regional Administrator deems necessary. Such violation 
will be deemed to begin upon receipt by the Regional Administrator of a 
notice of future cancellation, termination, or failure to renew due to 
nonpayment of the premium, rather than upon the date of expiration.
    (7) Each policy must contain a provision allowing assignment of the 
policy to a successor owner or operator. Such assignment may be 
conditional upon consent of the insurer, provided such consent is not 
unreasonably refused.
    (8) The policy must provide that the insurer may not cancel, 
terminate, or fail to renew the policy except for failure to pay the 
premium. The automatic renewal of the policy must, at a minimum, provide 
the insured with the option of renewal at the face amount of the 
expiring policy. If there is a failure to pay the premium, the insurer 
may elect to cancel, terminate, or fail to renew the policy by sending 
notice by certified mail to the owner or operator and the Regional 
Administrator. Cancellation, termination, or failure to renew may not 
occur, however, during the 120 days beginning with the date of receipt 
of the notice by both the Regional Administrator and the owner or 
operator, as evidenced by the return receipts. Cancellation, 
termination, or failure to renew may not occur and the policy will 
remain in full force and effect in the event that on or before the date 
of expiration:

[[Page 145]]

    (i) The Regional Administrator deems the facility abandoned; or
    (ii) Conditional exclusion or interim status is lost, terminated, or 
revoked; or
    (iii) Closure is ordered by the Regional Administrator or a U.S. 
district court or other court of competent jurisdiction; or
    (iv) The owner or operator is named as debtor in a voluntary or 
involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
    (v) The premium due is paid.
    (9) Whenever the current cost estimate increases to an amount 
greater than the face amount of the policy, the owner or operator, 
within 60 days after the increase, must either cause the face amount to 
be increased to an amount at least equal to the current cost estimate 
and submit evidence of such increase to the Regional Administrator, or 
obtain other financial assurance as specified in this section to cover 
the increase. Whenever the current cost estimate decreases, the face 
amount may be reduced to the amount of the current cost estimate 
following written approval by the Regional Administrator.
    (10) The Regional Administrator will give written consent to the 
owner or operator that he may terminate the insurance policy when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with paragraph (i) of 
this section.
    (e) Financial test and corporate guarantee. (1) An owner or operator 
may satisfy the requirements of this section by demonstrating that he 
passes a financial test as specified in this paragraph. To pass this 
test the owner or operator must meet the criteria of either paragraph 
(e)(1) (i) or (ii) of this section:
    (i) The owner or operator must have:
    (A) Two of the following three ratios: A ratio of total liabilities 
to net worth less than 2.0; a ratio of the sum of net income plus 
depreciation, depletion, and amortization to total liabilities greater 
than 0.1; and a ratio of current assets to current liabilities greater 
than 1.5; and
    (B) Net working capital and tangible net worth each at least six 
times the sum of the current cost estimates and the current plugging and 
abandonment cost estimates; and
    (C) Tangible net worth of at least $10 million; and
    (D) Assets located in the United States amounting to at least 90 
percent of total assets or at least six times the sum of the current 
cost estimates and the current plugging and abandonment cost estimates.
    (ii) The owner or operator must have:
    (A) A current rating for his most recent bond issuance of AAA, AA, 
A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as 
issued by Moody's; and
    (B) Tangible net worth at least six times the sum of the current 
cost estimates and the current plugging and abandonment cost estimates; 
and
    (C) Tangible net worth of at least $10 million; and
    (D) Assets located in the United States amounting to at least 90 
percent of total assets or at least six times the sum of the current 
cost estimates and the current plugging and abandonment cost estimates.
    (2) The phrase ``current cost estimates'' as used in paragraph 
(e)(1) of this section refers to the cost estimates required to be shown 
in paragraphs 1-4 of the letter from the owner's or operator's chief 
financial officer (Sec. 261.151(e)). The phrase ``current plugging and 
abandonment cost estimates'' as used in paragraph (e)(1) of this section 
refers to the cost estimates required to be shown in paragraphs 1-4 of 
the letter from the owner's or operator's chief financial officer (Sec. 
144.70(f) of this chapter).
    (3) To demonstrate that he meets this test, the owner or operator 
must submit the following items to the Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 261.151(e); and
    (ii) A copy of the independent certified public accountant's report 
on examination of the owner's or operator's financial statements for the 
latest completed fiscal year; and

[[Page 146]]

    (iii) If the chief financial officer's letter providing evidence of 
financial assurance includes financial data showing that the owner or 
operator satisfies paragraph (e)(1)(i) of this section that are 
different from the data in the audited financial statements referred to 
in paragraph (e)(3)(ii)of this section or any other audited financial 
statement or data filed with the SEC, then a special report from the 
owner's or operator's independent certified public accountant to the 
owner or operator is required. The special report shall be based upon an 
agreed upon procedures engagement in accordance with professional 
auditing standards and shall describe the procedures performed in 
comparing the data in the chief financial officer's letter derived from 
the independently audited, year-end financial statements for the latest 
fiscal year with the amounts in such financial statements, the findings 
of the comparison, and the reasons for any differences.
    (4) The owner or operator may obtain an extension of the time 
allowed for submission of the documents specified in paragraph (e)(3) of 
this section if the fiscal year of the owner or operator ends during the 
90 days prior to the effective date of these regulations and if the 
year-end financial statements for that fiscal year will be audited by an 
independent certified public accountant. The extension will end no later 
than 90 days after the end of the owner's or operator's fiscal year. To 
obtain the extension, the owner's or operator's chief financial officer 
must send, by the effective date of these regulations, a letter to the 
Regional Administrator of each Region in which the owner's or operator's 
facilities to be covered by the financial test are located. This letter 
from the chief financial officer must:
    (i) Request the extension;
    (ii) Certify that he has grounds to believe that the owner or 
operator meets the criteria of the financial test;
    (iii) Specify for each facility to be covered by the test the EPA 
Identification Number (if any issued), name, address, and current cost 
estimates to be covered by the test;
    (iv) Specify the date ending the owner's or operator's last complete 
fiscal year before the effective date of these regulations in this 
subpart;
    (v) Specify the date, no later than 90 days after the end of such 
fiscal year, when he will submit the documents specified in paragraph 
(e)(3) of this section; and
    (vi) Certify that the year-end financial statements of the owner or 
operator for such fiscal year will be audited by an independent 
certified public accountant.
    (5) After the initial submission of items specified in paragraph 
(e)(3) of this section, the owner or operator must send updated 
information to the Regional Administrator within 90 days after the close 
of each succeeding fiscal year. This information must consist of all 
three items specified in paragraph (e)(3) of this section.
    (6) If the owner or operator no longer meets the requirements of 
paragraph (e)(1) of this section, he must send notice to the Regional 
Administrator of intent to establish alternate financial assurance as 
specified in this section. The notice must be sent by certified mail 
within 90 days after the end of the fiscal year for which the year-end 
financial data show that the owner or operator no longer meets the 
requirements. The owner or operator must provide the alternate financial 
assurance within 120 days after the end of such fiscal year.
    (7) The Regional Administrator may, based on a reasonable belief 
that the owner or operator may no longer meet the requirements of 
paragraph (e)(1) of this section, require reports of financial condition 
at any time from the owner or operator in addition to those specified in 
paragraph (e)(3) of this section. If the Regional Administrator finds, 
on the basis of such reports or other information, that the owner or 
operator no longer meets the requirements of paragraph (e)(1) of this 
section, the owner or operator must provide alternate financial 
assurance as specified in this section within 30 days after notification 
of such a finding.
    (8) The Regional Administrator may disallow use of this test on the 
basis of qualifications in the opinion expressed by the independent 
certified public accountant in his report on examination of the owner's 
or operator's financial

[[Page 147]]

statements (see paragraph (e)(3)(ii) of this section). An adverse 
opinion or a disclaimer of opinion will be cause for disallowance. The 
Regional Administrator will evaluate other qualifications on an 
individual basis. The owner or operator must provide alternate financial 
assurance as specified in this section within 30 days after notification 
of the disallowance.
    (9) The owner or operator is no longer required to submit the items 
specified in paragraph (e)(3) of this section when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with paragraph (i) of 
this section.
    (10) An owner or operator may meet the requirements of this section 
by obtaining a written guarantee. The guarantor must be the direct or 
higher-tier parent corporation of the owner or operator, a firm whose 
parent corporation is also the parent corporation of the owner or 
operator, or a firm with a ``substantial business relationship'' with 
the owner or operator. The guarantor must meet the requirements for 
owners or operators in paragraphs (e)(1) through (8) of this section and 
must comply with the terms of the guarantee. The wording of the 
guarantee must be identical to the wording specified in Sec. 
261.151(g)(1). A certified copy of the guarantee must accompany the 
items sent to the Regional Administrator as specified in paragraph 
(e)(3) of this section. One of these items must be the letter from the 
guarantor's chief financial officer. If the guarantor's parent 
corporation is also the parent corporation of the owner or operator, the 
letter must describe the value received in consideration of the 
guarantee. If the guarantor is a firm with a ``substantial business 
relationship'' with the owner or operator, this letter must describe 
this ``substantial business relationship'' and the value received in 
consideration of the guarantee. The terms of the guarantee must provide 
that:
    (i) Following a determination by the Regional Administrator that the 
hazardous secondary materials at the owner or operator's facility 
covered by this guarantee do not meet the conditions of the exclusion 
under Sec. 261.4(a)(24) of this chapter, the guarantor will dispose of 
any hazardous secondary material as hazardous waste and close the 
facility in accordance with closure requirements found in parts 264 or 
265 of this chapter, as applicable, or establish a trust fund as 
specified in paragraph (a) of this section in the name of the owner or 
operator in the amount of the current cost estimate.
    (ii) The corporate guarantee will remain in force unless the 
guarantor sends notice of cancellation by certified mail to the owner or 
operator and to the Regional Administrator. Cancellation may not occur, 
however, during the 120 days beginning on the date of receipt of the 
notice of cancellation by both the owner or operator and the Regional 
Administrator, as evidenced by the return receipts.
    (iii) If the owner or operator fails to provide alternate financial 
assurance as specified in this section and obtain the written approval 
of such alternate assurance from the Regional Administrator within 90 
days after receipt by both the owner or operator and the Regional 
Administrator of a notice of cancellation of the corporate guarantee 
from the guarantor, the guarantor will provide such alternate financial 
assurance in the name of the owner or operator.
    (f) Use of multiple financial mechanisms. An owner or operator may 
satisfy the requirements of this section by establishing more than one 
financial mechanism per facility. These mechanisms are limited to trust 
funds, surety bonds, letters of credit, and insurance. The mechanisms 
must be as specified in paragraphs (a) through (d) of this section, 
respectively, of this section, except that it is the combination of 
mechanisms, rather than the single mechanism, which must provide 
financial assurance for an amount at least equal to the current cost 
estimate. If an owner or operator uses a trust fund in combination with 
a surety bond or a letter of credit, he may use the trust fund as the 
standby trust fund for the other mechanisms. A single standby trust fund 
may be established for two

[[Page 148]]

or more mechanisms. The Regional Administrator may use any or all of the 
mechanisms to provide for the facility.
    (g) Use of a financial mechanism for multiple facilities. An owner 
or operator may use a financial assurance mechanism specified in this 
section to meet the requirements of this section for more than one 
facility. Evidence of financial assurance submitted to the Regional 
Administrator must include a list showing, for each facility, the EPA 
Identification Number (if any issued), name, address, and the amount of 
funds assured by the mechanism. If the facilities covered by the 
mechanism are in more than one Region, identical evidence of financial 
assurance must be submitted to and maintained with the Regional 
Administrators of all such Regions. The amount of funds available 
through the mechanism must be no less than the sum of funds that would 
be available if a separate mechanism had been established and maintained 
for each facility. In directing funds available through the mechanism 
for any of the facilities covered by the mechanism, the Regional 
Administrator may direct only the amount of funds designated for that 
facility, unless the owner or operator agrees to the use of additional 
funds available under the mechanism.
    (h) Removal and Decontamination Plan for Release (1) An owner or 
operator of a reclamation facility or an intermediate facility who 
wishes to be released from his financial assurance obligations under 
Sec. 261.4(a)(24)(vi)(F) of this chapter must submit a plan for 
removing all hazardous secondary material residues to the Regional 
Administrator at least 180 days prior to the date on which he expects to 
cease to operate under the exclusion.
    (2) The plan must include, at least:
    (A) For each hazardous secondary materials storage unit subject to 
financial assurance requirements under Sec. 261.4(a)(24)(vi)(F), a 
description of how all excluded hazardous secondary materials will be 
recycled or sent for recycling, and how all residues, contaminated 
containment systems (liners, etc), contaminated soils, subsoils, 
structures, and equipment will be removed or decontaminated as necessary 
to protect human health and the environment, and
    (B) A detailed description of the steps necessary to remove or 
decontaminate all hazardous secondary material residues and contaminated 
containment system components, equipment, structures, and soils 
including, but not limited to, procedures for cleaning equipment and 
removing contaminated soils, methods for sampling and testing 
surrounding soils, and criteria for determining the extent of 
decontamination necessary to protect human health and the environment; 
and
    (C) A detailed description of any other activities necessary to 
protect human health and the environment during this timeframe, 
including, but not limited to, leachate collection, run-on and run-off 
control, etc; and
    (D) A schedule for conducting the activities described which, at a 
minimum, includes the total time required to remove all excluded 
hazardous secondary materials for recycling and decontaminate all units 
subject to financial assurance under Sec. 261.4(a)(24)(vi)(F) and the 
time required for intervening activities which will allow tracking of 
the progress of decontamination.
    (3) The Regional Administrator will provide the owner or operator 
and the public, through a newspaper notice, the opportunity to submit 
written comments on the plan and request modifications to the plan no 
later than 30 days from the date of the notice. He will also, in 
response to a request or at his discretion, hold a public hearing 
whenever such a hearing might clarify one or more issues concerning the 
plan. The Regional Administrator will give public notice of the hearing 
at least 30 days before it occurs. (Public notice of the hearing may be 
given at the same time as notice of the opportunity for the public to 
submit written comments, and the two notices may be combined.) The 
Regional Administrator will approve, modify, or disapprove the plan 
within 90 days of its receipt. If the Regional Administrator does not 
approve the plan, he shall provide the owner or operator with a detailed 
written statement of reasons for the refusal and the owner or operator 
must modify the plan or submit a new plan for approval within 30 days 
after

[[Page 149]]

receiving such written statement. The Regional Administrator will 
approve or modify this plan in writing within 60 days. If the Regional 
Administrator modifies the plan, this modified plan becomes the approved 
plan. The Regional Administrator must assure that the approved plan is 
consistent with paragraph (h) of this section. A copy of the modified 
plan with a detailed statement of reasons for the modifications must be 
mailed to the owner or operator.
    (4) Within 60 days of completion of the activities described for 
each hazardous secondary materials management unit, the owner or 
operator must submit to the Regional Administrator, by registered mail, 
a certification that all hazardous secondary materials have been removed 
from the unit and the unit has been decontaminated in accordance with 
the specifications in the approved plan. The certification must be 
signed by the owner or operator and by a qualified Professional 
Engineer. Documentation supporting the Professional Engineer's 
certification must be furnished to the Regional Administrator, upon 
request, until he releases the owner or operator from the financial 
assurance requirements for Sec. 261.4(a)(24)(vi)(F).
    (i) Release of the owner or operator from the requirements of this 
section. Within 60 days after receiving certifications from the owner or 
operator and a qualified Professional Engineer that all hazardous 
secondary materials have been removed from the facility or a unit at the 
facility and the facility or a unit has been decontaminated in 
accordance with the approved plan per paragraph (h), the Regional 
Administrator will notify the owner or operator in writing that he is no 
longer required under Sec. 261.4(a)(24)(vi)(F) to maintain financial 
assurance for that facility or a unit at the facility, unless the 
Regional Administrator has reason to believe that all hazardous 
secondary materials have not been removed from the facility or unit at a 
facility or that the facility or unit has not been decontaminated in 
accordance with the approved plan. The Regional Administrator shall 
provide the owner or operator a detailed written statement of any such 
reason to believe that all hazardous secondary materials have not been 
removed from the unit or that the unit has not been decontaminated in 
accordance with the approved plan.



Sec. Sec. 261.144-261.146  [Reserved]



Sec. 261.147  Liability requirements.

    (a) Coverage for sudden accidental occurrences. An owner or operator 
of a hazardous secondary material reclamation facility or an 
intermediate facility subject to financial assurance requirements under 
Sec. 261.4(a)(24)(vi)(F) of this chapter, or a group of such 
facilities, must demonstrate financial responsibility for bodily injury 
and property damage to third parties caused by sudden accidental 
occurrences arising from operations of the facility or group of 
facilities. The owner or operator must have and maintain liability 
coverage for sudden accidental occurrences in the amount of at least $1 
million per occurrence with an annual aggregate of at least $2 million, 
exclusive of legal defense costs. This liability coverage may be 
demonstrated as specified in paragraphs (a) (1), (2), (3), (4), (5), or 
(6) of this section:
    (1) An owner or operator may demonstrate the required liability 
coverage by having liability insurance as specified in this paragraph.
    (i) Each insurance policy must be amended by attachment of the 
Hazardous Secondary Material Facility Liability Endorsement, or 
evidenced by a Certificate of Liability Insurance. The wording of the 
endorsement must be identical to the wording specified in Sec. 
261.151(h). The wording of the certificate of insurance must be 
identical to the wording specified in Sec. 261.151(i). The owner or 
operator must submit a signed duplicate original of the endorsement or 
the certificate of insurance to the Regional Administrator, or Regional 
Administrators if the facilities are located in more than one Region. If 
requested by a Regional Administrator, the owner or operator must 
provide a signed duplicate original of the insurance policy.
    (ii) Each insurance policy must be issued by an insurer which, at a 
minimum, is licensed to transact the business of insurance, or eligible 
to provide

[[Page 150]]

insurance as an excess or surplus lines insurer, in one or more States.
    (2) An owner or operator may meet the requirements of this section 
by passing a financial test or using the guarantee for liability 
coverage as specified in paragraphs (f) and (g) of this section.
    (3) An owner or operator may meet the requirements of this section 
by obtaining a letter of credit for liability coverage as specified in 
paragraph (h) of this section.
    (4) An owner or operator may meet the requirements of this section 
by obtaining a surety bond for liability coverage as specified in 
paragraph (i) of this section.
    (5) An owner or operator may meet the requirements of this section 
by obtaining a trust fund for liability coverage as specified in 
paragraph (j) of this section.
    (6) An owner or operator may demonstrate the required liability 
coverage through the use of combinations of insurance, financial test, 
guarantee, letter of credit, surety bond, and trust fund, except that 
the owner or operator may not combine a financial test covering part of 
the liability coverage requirement with a guarantee unless the financial 
statement of the owner or operator is not consolidated with the 
financial statement of the guarantor. The amounts of coverage 
demonstrated must total at least the minimum amounts required by this 
section. If the owner or operator demonstrates the required coverage 
through the use of a combination of financial assurances under this 
paragraph, the owner or operator shall specify at least one such 
assurance as ``primary'' coverage and shall specify other assurance as 
``excess'' coverage.
    (7) An owner or operator shall notify the Regional Administrator in 
writing within 30 days whenever:
    (i) A claim results in a reduction in the amount of financial 
assurance for liability coverage provided by a financial instrument 
authorized in paragraphs (a)(1) through (a)(6) of this section; or
    (ii) A Certification of Valid Claim for bodily injury or property 
damages caused by a sudden or non-sudden accidental occurrence arising 
from the operation of a hazardous secondary material reclamation 
facility or intermediate facility is entered between the owner or 
operator and third-party claimant for liability coverage under 
paragraphs (a)(1) through (a)(6) of this section; or
    (iii) A final court order establishing a judgment for bodily injury 
or property damage caused by a sudden or non-sudden accidental 
occurrence arising from the operation of a hazardous secondary material 
reclamation facility or intermediate facility is issued against the 
owner or operator or an instrument that is providing financial assurance 
for liability coverage under paragraphs (a)(1) through (a)(6) of this 
section.
    (b) Coverage for nonsudden accidental occurrences. An owner or 
operator of a hazardous secondary material reclamation facility or 
intermediate facility with land-based units, as defined in Sec. 260.10 
of this chapter, which are used to manage hazardous secondary materials 
excluded under Sec. 261.4(a)(24) of this chapter or a group of such 
facilities, must demonstrate financial responsibility for bodily injury 
and property damage to third parties caused by nonsudden accidental 
occurrences arising from operations of the facility or group of 
facilities. The owner or operator must have and maintain liability 
coverage for nonsudden accidental occurrences in the amount of at least 
$3 million per occurrence with an annual aggregate of at least $6 
million, exclusive of legal defense costs. An owner or operator who must 
meet the requirements of this section may combine the required per-
occurrence coverage levels for sudden and nonsudden accidental 
occurrences into a single per-occurrence level, and combine the required 
annual aggregate coverage levels for sudden and nonsudden accidental 
occurrences into a single annual aggregate level. Owners or operators 
who combine coverage levels for sudden and nonsudden accidental 
occurrences must maintain liability coverage in the amount of at least 
$4 million per occurrence and $8 million annual aggregate. This 
liability coverage may be demonstrated as specified in paragraph (b)(1), 
(2), (3), (4), (5), or (6) of this section:

[[Page 151]]

    (1) An owner or operator may demonstrate the required liability 
coverage by having liability insurance as specified in this paragraph.
    (i) Each insurance policy must be amended by attachment of the 
Hazardous Secondary Material Facility Liability Endorsement or evidenced 
by a Certificate of Liability Insurance. The wording of the endorsement 
must be identical to the wording specified in Sec. 261.151(h). The 
wording of the certificate of insurance must be identical to the wording 
specified in Sec. 261.151(i). The owner or operator must submit a 
signed duplicate original of the endorsement or the certificate of 
insurance to the Regional Administrator, or Regional Administrators if 
the facilities are located in more than one Region. If requested by a 
Regional Administrator, the owner or operator must provide a signed 
duplicate original of the insurance policy.
    (ii) Each insurance policy must be issued by an insurer which, at a 
minimum, is licensed to transact the business of insurance, or eligible 
to provide insurance as an excess or surplus lines insurer, in one or 
more States.
    (2) An owner or operator may meet the requirements of this section 
by passing a financial test or using the guarantee for liability 
coverage as specified in paragraphs (f) and (g) of this section.
    (3) An owner or operator may meet the requirements of this section 
by obtaining a letter of credit for liability coverage as specified in 
paragraph (h) of this section.
    (4) An owner or operator may meet the requirements of this section 
by obtaining a surety bond for liability coverage as specified in 
paragraph (i) of this section.
    (5) An owner or operator may meet the requirements of this section 
by obtaining a trust fund for liability coverage as specified in 
paragraph (j) of this section.
    (6) An owner or operator may demonstrate the required liability 
coverage through the use of combinations of insurance, financial test, 
guarantee, letter of credit, surety bond, and trust fund, except that 
the owner or operator may not combine a financial test covering part of 
the liability coverage requirement with a guarantee unless the financial 
statement of the owner or operator is not consolidated with the 
financial statement of the guarantor. The amounts of coverage 
demonstrated must total at least the minimum amounts required by this 
section. If the owner or operator demonstrates the required coverage 
through the use of a combination of financial assurances under this 
paragraph, the owner or operator shall specify at least one such 
assurance as ``primary'' coverage and shall specify other assurance as 
``excess'' coverage.
    (7) An owner or operator shall notify the Regional Administrator in 
writing within 30 days whenever:
    (i) A claim results in a reduction in the amount of financial 
assurance for liability coverage provided by a financial instrument 
authorized in paragraphs (b)(1) through (b)(6) of this section; or
    (ii) A Certification of Valid Claim for bodily injury or property 
damages caused by a sudden or non-sudden accidental occurrence arising 
from the operation of a hazardous secondary material treatment and/or 
storage facility is entered between the owner or operator and third-
party claimant for liability coverage under paragraphs (b)(1) through 
(b)(6) of this section; or
    (iii) A final court order establishing a judgment for bodily injury 
or property damage caused by a sudden or non-sudden accidental 
occurrence arising from the operation of a hazardous secondary material 
treatment and/or storage facility is issued against the owner or 
operator or an instrument that is providing financial assurance for 
liability coverage under paragraphs (b)(1) through (b)(6) of this 
section.
    (c) Request for variance. If an owner or operator can demonstrate to 
the satisfaction of the Regional Administrator that the levels of 
financial responsibility required by paragraph (a) or (b) of this 
section are not consistent with the degree and duration of risk 
associated with treatment and/or storage at the facility or group of 
facilities, the owner or operator may obtain a variance from the 
Regional Administrator. The request for a variance must be submitted in 
writing to the Regional Administrator. If granted, the variance

[[Page 152]]

will take the form of an adjusted level of required liability coverage, 
such level to be based on the Regional Administrator's assessment of the 
degree and duration of risk associated with the ownership or operation 
of the facility or group of facilities. The Regional Administrator may 
require an owner or operator who requests a variance to provide such 
technical and engineering information as is deemed necessary by the 
Regional Administrator to determine a level of financial responsibility 
other than that required by paragraph (a) or (b) of this section.
    (d) Adjustments by the Regional Administrator. If the Regional 
Administrator determines that the levels of financial responsibility 
required by paragraph (a) or (b) of this section are not consistent with 
the degree and duration of risk associated with treatment and/or storage 
at the facility or group of facilities, the Regional Administrator may 
adjust the level of financial responsibility required under paragraph 
(a) or (b) of this section as may be necessary to protect human health 
and the environment. This adjusted level will be based on the Regional 
Administrator's assessment of the degree and duration of risk associated 
with the ownership or operation of the facility or group of facilities. 
In addition, if the Regional Administrator determines that there is a 
significant risk to human health and the environment from nonsudden 
accidental occurrences resulting from the operations of a facility that 
is not a surface impoundment, pile, or land treatment facility, he may 
require that an owner or operator of the facility comply with paragraph 
(b) of this section. An owner or operator must furnish to the Regional 
Administrator, within a reasonable time, any information which the 
Regional Administrator requests to determine whether cause exists for 
such adjustments of level or type of coverage.
    (e) Period of coverage. Within 60 days after receiving 
certifications from the owner or operator and a qualified Professional 
Engineer that all hazardous secondary materials have been removed from 
the facility or a unit at the facility and the facility or a unit has 
been decontaminated in accordance with the approved plan per Sec. 
261.143(h), the Regional Administrator will notify the owner or operator 
in writing that he is no longer required under Sec. 261.4(a)(24)(vi)(F) 
to maintain liability coverage for that facility or a unit at the 
facility, unless the Regional Administrator has reason to believe that 
that all hazardous secondary materials have not been removed from the 
facility or unit at a facility or that the facility or unit has not been 
decontaminated in accordance with the approved plan.
    (f) Financial test for liability coverage. (1) An owner or operator 
may satisfy the requirements of this section by demonstrating that he 
passes a financial test as specified in this paragraph. To pass this 
test the owner or operator must meet the criteria of paragraph (f)(1) 
(i) or (ii) of this section:
    (i) The owner or operator must have:
    (A) Net working capital and tangible net worth each at least six 
times the amount of liability coverage to be demonstrated by this test; 
and
    (B) Tangible net worth of at least $10 million; and
    (C) Assets in the United States amounting to either:
    (1) At least 90 percent of his total assets; or
    (2) at least six times the amount of liability coverage to be 
demonstrated by this test.
    (ii) The owner or operator must have:
    (A) A current rating for his most recent bond issuance of AAA, AA, 
A, or BBB as issued by Standard and Poor's, or Aaa, Aa, A, or Baa as 
issued by Moody's; and
    (B) Tangible net worth of at least $10 million; and
    (C) Tangible net worth at least six times the amount of liability 
coverage to be demonstrated by this test; and
    (D) Assets in the United States amounting to either:
    (1) At least 90 percent of his total assets; or
    (2) at least six times the amount of liability coverage to be 
demonstrated by this test.
    (2) The phrase ``amount of liability coverage'' as used in paragraph 
(f)(1) of this section refers to the annual aggregate amounts for which 
coverage is required under paragraphs (a) and (b) of this section and 
the annual aggregate

[[Page 153]]

amounts for which coverage is required under paragraphs (a) and (b) of 
40 CFR 264.147 and 265.147.
    (3) To demonstrate that he meets this test, the owner or operator 
must submit the following three items to the Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 261.151(f). If an owner or 
operator is using the financial test to demonstrate both assurance as 
specified by Sec. 261.143(e), and liability coverage, he must submit 
the letter specified in Sec. 261.151(f) to cover both forms of 
financial responsibility; a separate letter as specified in Sec. 
261.151(e) is not required.
    (ii) A copy of the independent certified public accountant's report 
on examination of the owner's or operator's financial statements for the 
latest completed fiscal year.
    (iii) If the chief financial officer's letter providing evidence of 
financial assurance includes financial data showing that the owner or 
operator satisfies paragraph (f)(1)(i) of this section that are 
different from the data in the audited financial statements referred to 
in paragraph (f)(3)(ii) of this section or any other audited financial 
statement or data filed with the SEC, then a special report from the 
owner's or operator's independent certified public accountant to the 
owner or operator is required. The special report shall be based upon an 
agreed upon procedures engagement in accordance with professional 
auditing standards and shall describe the procedures performed in 
comparing the data in the chief financial officer's letter derived from 
the independently audited, year-end financial statements for the latest 
fiscal year with the amounts in such financial statements, the findings 
of the comparison, and the reasons for any difference.
    (4) The owner or operator may obtain a one-time extension of the 
time allowed for submission of the documents specified in paragraph 
(f)(3) of this section if the fiscal year of the owner or operator ends 
during the 90 days prior to the effective date of these regulations and 
if the year-end financial statements for that fiscal year will be 
audited by an independent certified public accountant. The extension 
will end no later than 90 days after the end of the owner's or 
operator's fiscal year. To obtain the extension, the owner's or 
operator's chief financial officer must send, by the effective date of 
these regulations, a letter to the Regional Administrator of each Region 
in which the owner's or operator's facilities to be covered by the 
financial test are located. This letter from the chief financial officer 
must:
    (i) Request the extension;
    (ii) Certify that he has grounds to believe that the owner or 
operator meets the criteria of the financial test;
    (iii) Specify for each facility to be covered by the test the EPA 
Identification Number, name, address, the amount of liability coverage 
and, when applicable, current closure and post-closure cost estimates to 
be covered by the test;
    (iv) Specify the date ending the owner's or operator's last complete 
fiscal year before the effective date of these regulations;
    (v) Specify the date, no later than 90 days after the end of such 
fiscal year, when he will submit the documents specified in paragraph 
(f)(3) of this section; and
    (vi) Certify that the year-end financial statements of the owner or 
operator for such fiscal year will be audited by an independent 
certified public accountant.
    (5) After the initial submission of items specified in paragraph 
(f)(3) of this section, the owner or operator must send updated 
information to the Regional Administrator within 90 days after the close 
of each succeeding fiscal year. This information must consist of all 
three items specified in paragraph (f)(3) of this section.
    (6) If the owner or operator no longer meets the requirements of 
paragraph (f)(1) of this section, he must obtain insurance, a letter of 
credit, a surety bond, a trust fund, or a guarantee for the entire 
amount of required liability coverage as specified in this section. 
Evidence of liability coverage must be submitted to the Regional 
Administrator within 90 days after the end of the fiscal year for which 
the year-end financial data show that the owner or

[[Page 154]]

operator no longer meets the test requirements.
    (7) The Regional Administrator may disallow use of this test on the 
basis of qualifications in the opinion expressed by the independent 
certified public accountant in his report on examination of the owner's 
or operator's financial statements (see paragraph (f)(3)(ii) of this 
section). An adverse opinion or a disclaimer of opinion will be cause 
for disallowance. The Regional Administrator will evaluate other 
qualifications on an individual basis. The owner or operator must 
provide evidence of insurance for the entire amount of required 
liability coverage as specified in this section within 30 days after 
notification of disallowance.
    (g) Guarantee for liability coverage. (1) Subject to paragraph 
(g)(2) of this section, an owner or operator may meet the requirements 
of this section by obtaining a written guarantee, hereinafter referred 
to as ``guarantee.'' The guarantor must be the direct or higher-tier 
parent corporation of the owner or operator, a firm whose parent 
corporation is also the parent corporation of the owner or operator, or 
a firm with a ``substantial business relationship'' with the owner or 
operator. The guarantor must meet the requirements for owners or 
operators in paragraphs (f)(1) through (f)(6) of this section. The 
wording of the guarantee must be identical to the wording specified in 
Sec. 261.151(g)(2). A certified copy of the guarantee must accompany 
the items sent to the Regional Administrator as specified in paragraph 
(f)(3) of this section. One of these items must be the letter from the 
guarantor's chief financial officer. If the guarantor's parent 
corporation is also the parent corporation of the owner or operator, 
this letter must describe the value received in consideration of the 
guarantee. If the guarantor is a firm with a ``substantial business 
relationship'' with the owner or operator, this letter must describe 
this ``substantial business relationship'' and the value received in 
consideration of the guarantee.
    (i) If the owner or operator fails to satisfy a judgment based on a 
determination of liability for bodily injury or property damage to third 
parties caused by sudden or nonsudden accidental occurrences (or both as 
the case may be), arising from the operation of facilities covered by 
this corporate guarantee, or fails to pay an amount agreed to in 
settlement of claims arising from or alleged to arise from such injury 
or damage, the guarantor will do so up to the limits of coverage.
    (ii) [Reserved]
    (2)(i) In the case of corporations incorporated in the United 
States, a guarantee may be used to satisfy the requirements of this 
section only if the Attorneys General or Insurance Commissioners of:
    (A) The State in which the guarantor is incorporated; and
    (B) Each State in which a facility covered by the guarantee is 
located have submitted a written statement to EPA that a guarantee 
executed as described in this section and Sec. 264.151(g)(2) is a 
legally valid and enforceable obligation in that State.
    (ii) In the case of corporations incorporated outside the United 
States, a guarantee may be used to satisfy the requirements of this 
section only if:
    (A) The non-U.S. corporation has identified a registered agent for 
service of process in each State in which a facility covered by the 
guarantee is located and in the State in which it has its principal 
place of business; and if
    (B) The Attorney General or Insurance Commissioner of each State in 
which a facility covered by the guarantee is located and the State in 
which the guarantor corporation has its principal place of business, has 
submitted a written statement to EPA that a guarantee executed as 
described in this section and Sec. 261.151(h)(2) is a legally valid and 
enforceable obligation in that State.
    (h) Letter of credit for liability coverage. (1) An owner or 
operator may satisfy the requirements of this section by obtaining an 
irrevocable standby letter of credit that conforms to the requirements 
of this paragraph and submitting a copy of the letter of credit to the 
Regional Administrator.
    (2) The financial institution issuing the letter of credit must be 
an entity that has the authority to issue letters of credit and whose 
letter of credit operations are regulated and examined by a Federal or 
State agency.

[[Page 155]]

    (3) The wording of the letter of credit must be identical to the 
wording specified in Sec. 261.151(j).
    (4) An owner or operator who uses a letter of credit to satisfy the 
requirements of this section may also establish a standby trust fund. 
Under the terms of such a letter of credit, all amounts paid pursuant to 
a draft by the trustee of the standby trust will be deposited by the 
issuing institution into the standby trust in accordance with 
instructions from the trustee. The trustee of the standby trust fund 
must be an entity which has the authority to act as a trustee and whose 
trust operations are regulated and examined by a Federal or State 
agency.
    (5) The wording of the standby trust fund must be identical to the 
wording specified in Sec. 261.151(m).
    (i) Surety bond for liability coverage. (1) An owner or operator may 
satisfy the requirements of this section by obtaining a surety bond that 
conforms to the requirements of this paragraph and submitting a copy of 
the bond to the Regional Administrator.
    (2) The surety company issuing the bond must be among those listed 
as acceptable sureties on Federal bonds in the most recent Circular 570 
of the U.S. Department of the Treasury.
    (3) The wording of the surety bond must be identical to the wording 
specified in Sec. 261.151(k) of this chapter.
    (4) A surety bond may be used to satisfy the requirements of this 
section only if the Attorneys General or Insurance Commissioners of:
    (i) The State in which the surety is incorporated; and
    (ii) Each State in which a facility covered by the surety bond is 
located have submitted a written statement to EPA that a surety bond 
executed as described in this section and Sec. 261.151(k) is a legally 
valid and enforceable obligation in that State.
    (j) Trust fund for liability coverage. (1) An owner or operator may 
satisfy the requirements of this section by establishing a trust fund 
that conforms to the requirements of this paragraph and submitting an 
originally signed duplicate of the trust agreement to the Regional 
Administrator.
    (2) The trustee must be an entity which has the authority to act as 
a trustee and whose trust operations are regulated and examined by a 
Federal or State agency.
    (3) The trust fund for liability coverage must be funded for the 
full amount of the liability coverage to be provided by the trust fund 
before it may be relied upon to satisfy the requirements of this 
section. If at any time after the trust fund is created the amount of 
funds in the trust fund is reduced below the full amount of the 
liability coverage to be provided, the owner or operator, by the 
anniversary date of the establishment of the Fund, must either add 
sufficient funds to the trust fund to cause its value to equal the full 
amount of liability coverage to be provided, or obtain other financial 
assurance as specified in this section to cover the difference. For 
purposes of this paragraph, ``the full amount of the liability coverage 
to be provided'' means the amount of coverage for sudden and/or 
nonsudden occurrences required to be provided by the owner or operator 
by this section, less the amount of financial assurance for liability 
coverage that is being provided by other financial assurance mechanisms 
being used to demonstrate financial assurance by the owner or operator.
    (4) The wording of the trust fund must be identical to the wording 
specified in Sec. 261.151(l).



Sec. 261.148  Incapacity of owners or operators, guarantors, or financial 

institutions.

    (a) An owner or operator must notify the Regional Administrator by 
certified mail of the commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or 
operator as debtor, within 10 days after commencement of the proceeding. 
A guarantor of a corporate guarantee as specified in Sec. 261.143(e) 
must make such a notification if he is named as debtor, as required 
under the terms of the corporate guarantee.
    (b) An owner or operator who fulfills the requirements of Sec. 
261.143 or Sec. 261.147 by obtaining a trust fund, surety bond, letter 
of credit, or insurance policy will be deemed to be without the required 
financial assurance or liability

[[Page 156]]

coverage in the event of bankruptcy of the trustee or issuing 
institution, or a suspension or revocation of the authority of the 
trustee institution to act as trustee or of the institution issuing the 
surety bond, letter of credit, or insurance policy to issue such 
instruments. The owner or operator must establish other financial 
assurance or liability coverage within 60 days after such an event.



Sec. 261.149  Use of State-required mechanisms.

    (a) For a reclamation or intermediate facility located in a State 
where EPA is administering the requirements of this subpart but where 
the State has regulations that include requirements for financial 
assurance of closure or liability coverage, an owner or operator may use 
State-required financial mechanisms to meet the requirements of Sec. 
261.143 or Sec. 261.147 if the Regional Administrator determines that 
the State mechanisms are at least equivalent to the financial mechanisms 
specified in this subpart. The Regional Administrator will evaluate the 
equivalency of the mechanisms principally in terms of certainty of the 
availability of: Funds for the required closure activities or liability 
coverage; and the amount of funds that will be made available. The 
Regional Administrator may also consider other factors as he deems 
appropriate. The owner or operator must submit to the Regional 
Administrator evidence of the establishment of the mechanism together 
with a letter requesting that the State-required mechanism be considered 
acceptable for meeting the requirements of this subpart. The submission 
must include the following information: The facility's EPA 
Identification Number (if available), name, and address, and the amount 
of funds for closure or liability coverage assured by the mechanism. The 
Regional Administrator will notify the owner or operator of his 
determination regarding the mechanism's acceptability in lieu of 
financial mechanisms specified in this subpart. The Regional 
Administrator may require the owner or operator to submit additional 
information as is deemed necessary to make this determination. Pending 
this determination, the owner or operator will be deemed to be in 
compliance with the requirements of Sec. 261.143 or Sec. 261.147, as 
applicable.
    (b) If a State-required mechanism is found acceptable as specified 
in paragraph (a) of this section except for the amount of funds 
available, the owner or operator may satisfy the requirements of this 
subpart by increasing the funds available through the State-required 
mechanism or using additional financial mechanisms as specified in this 
subpart. The amount of funds available through the State and Federal 
mechanisms must at least equal the amount required by this subpart.



Sec. 261.150  State assumption of responsibility.

    (a) If a State either assumes legal responsibility for an owner's or 
operator's compliance with the closure or liability requirements of this 
part or assures that funds will be available from State sources to cover 
those requirements, the owner or operator will be in compliance with the 
requirements of Sec. 261.143 or Sec. 261.147 if the Regional 
Administrator determines that the State's assumption of responsibility 
is at least equivalent to the financial mechanisms specified in this 
subpart. The Regional Administrator will evaluate the equivalency of 
State guarantees principally in terms of: Certainty of the availability 
of funds for the required closure activities or liability coverage; and 
the amount of funds that will be made available. The Regional 
Administrator may also consider other factors as he deems appropriate. 
The owner or operator must submit to the Regional Administrator a letter 
from the State describing the nature of the State's assumption of 
responsibility together with a letter from the owner or operator 
requesting that the State's assumption of responsibility be considered 
acceptable for meeting the requirements of this subpart. The letter from 
the State must include, or have attached to it, the following 
information: The facility's EPA Identification Number (if available), 
name, and address, and the amount of funds for closure or liability 
coverage that are guaranteed by the State. The Regional Administrator 
will notify the owner or operator of his determination

[[Page 157]]

regarding the acceptability of the State's guarantee in lieu of 
financial mechanisms specified in this subpart. The Regional 
Administrator may require the owner or operator to submit additional 
information as is deemed necessary to make this determination. Pending 
this determination, the owner or operator will be deemed to be in 
compliance with the requirements of Sec. 265.143 or Sec. 265.147, as 
applicable.
    (b) If a State's assumption of responsibility is found acceptable as 
specified in paragraph (a) of this section except for the amount of 
funds available, the owner or operator may satisfy the requirements of 
this subpart by use of both the State's assurance and additional 
financial mechanisms as specified in this subpart. The amount of funds 
available through the State and Federal mechanisms must at least equal 
the amount required by this subpart.



Sec. 261.151  Wording of the instruments.

    (a)(1) A trust agreement for a trust fund, as specified in Sec. 
261.143(a) must be worded as follows, except that instructions in 
brackets are to be replaced with the relevant information and the 
brackets deleted:

                             Trust Agreement

    Trust Agreement, the ``Agreement,'' entered into as of [date] by and 
between [name of the owner or operator], a [name of State] [insert 
``corporation,'' ``partnership,'' ``association,'' or 
``proprietorship''], the ``Grantor,'' and [name of corporate trustee], 
[insert ``incorporated in the State of -----------'' or ``a national 
bank''], the ``Trustee.''
    Whereas, the United States Environmental Protection Agency, ``EPA,'' 
an agency of the United States Government, has established certain 
regulations applicable to the Grantor, requiring that an owner or 
operator of a facility regulated under parts 264, or 265, or satisfying 
the conditions of the exclusion under Sec. 261.4(a)(24) shall provide 
assurance that funds will be available if needed for care of the 
facility under 40 CFR parts 264 or 265, subparts G, as applicable ,
    Whereas, the Grantor has elected to establish a trust to provide all 
or part of such financial assurance for the facilities identified 
herein,
    Whereas, the Grantor, acting through its duly authorized officers, 
has selected the Trustee to be the trustee under this agreement, and the 
Trustee is willing to act as trustee,
    Now, Therefore, the Grantor and the Trustee agree as follows:
    Section 1. Definitions. As used in this Agreement:
    (a) The term ``Grantor'' means the owner or operator who enters into 
this Agreement and any successors or assigns of the Grantor.
    (b) The term ``Trustee'' means the Trustee who enters into this 
Agreement and any successor Trustee.
    Section 2. Identification of Facilities and Cost Estimates. This 
Agreement pertains to the facilities and cost estimates identified on 
attached Schedule A [on Schedule A, for each facility list the EPA 
Identification Number (if available), name, address, and the current 
cost estimates, or portions thereof, for which financial assurance is 
demonstrated by this Agreement].
    Section 3. Establishment of Fund. The Grantor and the Trustee hereby 
establish a trust fund, the ``Fund,'' for the benefit of EPA in the 
event that the hazardous secondary materials of the grantor no longer 
meet the conditions of the exclusion under Sec. 261.4(a)(24). The 
Grantor and the Trustee intend that no third party have access to the 
Fund except as herein provided. The Fund is established initially as 
consisting of the property, which is acceptable to the Trustee, 
described in Schedule B attached hereto. Such property and any other 
property subsequently transferred to the Trustee is referred to as the 
Fund, together with all earnings and profits thereon, less any payments 
or distributions made by the Trustee pursuant to this Agreement. The 
Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. 
The Trustee shall not be responsible nor shall it undertake any 
responsibility for the amount or adequacy of, nor any duty to collect 
from the Grantor, any payments necessary to discharge any liabilities of 
the Grantor established by EPA.
    Section 4. Payments from the Fund. The Trustee shall make payments 
from the Fund as the EPA Regional Administrator shall direct, in 
writing, to provide for the payment of the costs of the performance of 
activities required under subpart G of 40 CFR parts 264 or 265 for the 
facilities covered by this Agreement. The Trustee shall reimburse the 
Grantor or other persons as specified by the EPA Regional Administrator 
from the Fund for expenditures for such activities in such amounts as 
the beneficiary shall direct in writing. In addition, the Trustee shall 
refund to the Grantor such amounts as the EPA Regional Administrator 
specifies in writing. Upon refund, such funds shall no longer constitute 
part of the Fund as defined herein.
    Section 5. Payments Comprising the Fund. Payments made to the 
Trustee for the Fund shall consist of cash or securities acceptable to 
the Trustee.

[[Page 158]]

    Section 6. Trustee Management. The Trustee shall invest and reinvest 
the principal and income of the Fund and keep the Fund invested as a 
single fund, without distinction between principal and income, in 
accordance with general investment policies and guidelines which the 
Grantor may communicate in writing to the Trustee from time to time, 
subject, however, to the provisions of this section. In investing, 
reinvesting, exchanging, selling, and managing the Fund, the Trustee 
shall discharge his duties with respect to the trust fund solely in the 
interest of the beneficiary and with the care, skill, prudence, and 
diligence under the circumstances then prevailing which persons of 
prudence, acting in a like capacity and familiar with such matters, 
would use in the conduct of an enterprise of a like character and with 
like aims; except that:
    (i) Securities or other obligations of the Grantor, or any other 
owner or operator of the facilities, or any of their affiliates as 
defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 
80a-2.(a), shall not be acquired or held, unless they are securities or 
other obligations of the Federal or a State government;
    (ii) The Trustee is authorized to invest the Fund in time or demand 
deposits of the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (iii) The Trustee is authorized to hold cash awaiting investment or 
distribution uninvested for a reasonable time and without liability for 
the payment of interest thereon.
    Section 7. Commingling and Investment. The Trustee is expressly 
authorized in its discretion:
    (a) To transfer from time to time any or all of the assets of the 
Fund to any common, commingled, or collective trust fund created by the 
Trustee in which the Fund is eligible to participate, subject to all of 
the provisions thereof, to be commingled with the assets of other trusts 
participating therein; and
    (b) To purchase shares in any investment company registered under 
the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including 
one which may be created, managed, underwritten, or to which investment 
advice is rendered or the shares of which are sold by the Trustee. The 
Trustee may vote such shares in its discretion.
    Section 8. Express Powers of Trustee. Without in any way limiting 
the powers and discretions conferred upon the Trustee by the other 
provisions of this Agreement or by law, the Trustee is expressly 
authorized and empowered:
    (a) To sell, exchange, convey, transfer, or otherwise dispose of any 
property held by it, by public or private sale. No person dealing with 
the Trustee shall be bound to see to the application of the purchase 
money or to inquire into the validity or expediency of any such sale or 
other disposition;
    (b) To make, execute, acknowledge, and deliver any and all documents 
of transfer and conveyance and any and all other instruments that may be 
necessary or appropriate to carry out the powers herein granted;
    (c) To register any securities held in the Fund in its own name or 
in the name of a nominee and to hold any security in bearer form or in 
book entry, or to combine certificates representing such securities with 
certificates of the same issue held by the Trustee in other fiduciary 
capacities, or to deposit or arrange for the deposit of such securities 
in a qualified central depositary even though, when so deposited, such 
securities may be merged and held in bulk in the name of the nominee of 
such depositary with other securities deposited therein by another 
person, or to deposit or arrange for the deposit of any securities 
issued by the United States Government, or any agency or instrumentality 
thereof, with a Federal Reserve bank, but the books and records of the 
Trustee shall at all times show that all such securities are part of the 
Fund;
    (d) To deposit any cash in the Fund in interest-bearing accounts 
maintained or savings certificates issued by the Trustee, in its 
separate corporate capacity, or in any other banking institution 
affiliated with the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (e) To compromise or otherwise adjust all claims in favor of or 
against the Fund.
    Section 9. Taxes and Expenses. All taxes of any kind that may be 
assessed or levied against or in respect of the Fund and all brokerage 
commissions incurred by the Fund shall be paid from the Fund. All other 
expenses incurred by the Trustee in connection with the administration 
of this Trust, including fees for legal services rendered to the 
Trustee, the compensation of the Trustee to the extent not paid directly 
by the Grantor, and all other proper charges and disbursements of the 
Trustee shall be paid from the Fund.
    Section 10. Annual Valuation. The Trustee shall annually, at least 
30 days prior to the anniversary date of establishment of the Fund, 
furnish to the Grantor and to the appropriate EPA Regional Administrator 
a statement confirming the value of the Trust. Any securities in the 
Fund shall be valued at market value as of no more than 60 days prior to 
the anniversary date of establishment of the Fund. The failure of the 
Grantor to object in writing to the Trustee within 90 days after the 
statement has been furnished to the Grantor and the EPA Regional 
Administrator shall constitute a conclusively binding assent by the 
Grantor, barring the Grantor from asserting any claim or liability 
against the Trustee with respect to matters disclosed in the statement.

[[Page 159]]

    Section 11. Advice of Counsel. The Trustee may from time to time 
consult with counsel, who may be counsel to the Grantor, with respect to 
any question arising as to the construction of this Agreement or any 
action to be taken hereunder. The Trustee shall be fully protected, to 
the extent permitted by law, in acting upon the advice of counsel.
    Section 12. Trustee Compensation. The Trustee shall be entitled to 
reasonable compensation for its services as agreed upon in writing from 
time to time with the Grantor.
    Section 13. Successor Trustee. The Trustee may resign or the Grantor 
may replace the Trustee, but such resignation or replacement shall not 
be effective until the Grantor has appointed a successor trustee and 
this successor accepts the appointment. The successor trustee shall have 
the same powers and duties as those conferred upon the Trustee 
hereunder. Upon the successor trustee's acceptance of the appointment, 
the Trustee shall assign, transfer, and pay over to the successor 
trustee the funds and properties then constituting the Fund. If for any 
reason the Grantor cannot or does not act in the event of the 
resignation of the Trustee, the Trustee may apply to a court of 
competent jurisdiction for the appointment of a successor trustee or for 
instructions. The successor trustee shall specify the date on which it 
assumes administration of the trust in a writing sent to the Grantor, 
the EPA Regional Administrator, and the present Trustee by certified 
mail 10 days before such change becomes effective. Any expenses incurred 
by the Trustee as a result of any of the acts contemplated by this 
Section shall be paid as provided in Section 9.
    Section 14. Instructions to the Trustee. All orders, requests, and 
instructions by the Grantor to the Trustee shall be in writing, signed 
by such persons as are designated in the attached Exhibit A or such 
other designees as the Grantor may designate by amendment to Exhibit A. 
The Trustee shall be fully protected in acting without inquiry in 
accordance with the Grantor's orders, requests, and instructions. All 
orders, requests, and instructions by the EPA Regional Administrator to 
the Trustee shall be in writing, signed by the EPA Regional 
Administrators of the Regions in which the facilities are located, or 
their designees, and the Trustee shall act and shall be fully protected 
in acting in accordance with such orders, requests, and instructions. 
The Trustee shall have the right to assume, in the absence of written 
notice to the contrary, that no event constituting a change or a 
termination of the authority of any person to act on behalf of the 
Grantor or EPA hereunder has occurred. The Trustee shall have no duty to 
act in the absence of such orders, requests, and instructions from the 
Grantor and/or EPA, except as provided for herein.
    Section 15. Amendment of Agreement. This Agreement may be amended by 
an instrument in writing executed by the Grantor, the Trustee, and the 
appropriate EPA Regional Administrator, or by the Trustee and the 
appropriate EPA Regional Administrator if the Grantor ceases to exist.
    Section 16. Irrevocability and Termination. Subject to the right of 
the parties to amend this Agreement as provided in Section 16, this 
Trust shall be irrevocable and shall continue until terminated at the 
written agreement of the Grantor, the Trustee, and the EPA Regional 
Administrator, or by the Trustee and the EPA Regional Administrator, if 
the Grantor ceases to exist. Upon termination of the Trust, all 
remaining trust property, less final trust administration expenses, 
shall be delivered to the Grantor.
    Section 17. Immunity and Indemnification. The Trustee shall not 
incur personal liability of any nature in connection with any act or 
omission, made in good faith, in the administration of this Trust, or in 
carrying out any directions by the Grantor or the EPA Regional 
Administrator issued in accordance with this Agreement. The Trustee 
shall be indemnified and saved harmless by the Grantor or from the Trust 
Fund, or both, from and against any personal liability to which the 
Trustee may be subjected by reason of any act or conduct in its official 
capacity, including all expenses reasonably incurred in its defense in 
the event the Grantor fails to provide such defense.
    Section 18. Choice of Law. This Agreement shall be administered, 
construed, and enforced according to the laws of the State of [insert 
name of State].
    Section 19. Interpretation. As used in this Agreement, words in the 
singular include the plural and words in the plural include the 
singular. The descriptive headings for each Section of this Agreement 
shall not affect the interpretation or the legal efficacy of this 
Agreement.
    In Witness Whereof the parties have caused this Agreement to be 
executed by their respective officers duly authorized and their 
corporate seals to be hereunto affixed and attested as of the date first 
above written: The parties below certify that the wording of this 
Agreement is identical to the wording specified in 40 CFR 261.151(a)(1) 
as such regulations were constituted on the date first above written.
    [Signature of Grantor]
    [Title]

Attest:
    [Title]
    [Seal]
    [Signature of Trustee]

Attest:
    [Title]
    [Seal]

[[Page 160]]

    (2) The following is an example of the certification of 
acknowledgment which must accompany the trust agreement for a trust fund 
as specified in Sec. 261.143(a) of this chapter. State requirements may 
differ on the proper content of this acknowledgment.
 State of_______________________________________________________________
 County of______________________________________________________________
    On this [date], before me personally came [owner or operator] to me 
known, who, being by me duly sworn, did depose and say that she/he 
resides at [address], that she/he is [title] of [corporation], the 
corporation described in and which executed the above instrument; that 
she/he knows the seal of said corporation; that the seal affixed to such 
instrument is such corporate seal; that it was so affixed by order of 
the Board of Directors of said corporation, and that she/he signed her/
his name thereto by like order.
    [Signature of Notary Public]
    (b) A surety bond guaranteeing payment into a trust fund, as 
specified in Sec. 261.143(b) of this chapter, must be worded as 
follows, except that instructions in brackets are to be replaced with 
the relevant information and the brackets deleted:

                        Financial Guarantee Bond

Date bond executed:
Effective date:
Principal: [legal name and business address of owner or operator]
Type of Organization: [insert ``individual,'' ``joint venture,'' 
``partnership,'' or ``corporation'']
 State of incorporation:________________________________________________
Surety(ies): [name(s) and business address(es)]
 EPA Identification Number, name, address and amount(s) for each 
facility guaranteed by this bond:_______________________________________
 Total penal sum of bond: $_____________________________________________
 Surety's bond number:__________________________________________________
    Know All Persons By These Presents, That we, the Principal and 
Surety(ies) are firmly bound to the U.S. EPA in the event that the 
hazardous secondary materials at the reclamation or intermediate 
facility listed below no longer meet the conditions of the exclusion 
under 40 CFR 261.4(a)(24), in the above penal sum for the payment of 
which we bind ourselves, our heirs, executors, administrators, 
successors, and assigns jointly and severally; provided that, where the 
Surety(ies) are corporations acting as co-sureties, we, the Sureties, 
bind ourselves in such sum ``jointly and severally'' only for the 
purpose of allowing a joint action or actions against any or all of us, 
and for all other purposes each Surety binds itself, jointly and 
severally with the Principal, for the payment of such sum only as is set 
forth opposite the name of such Surety, but if no limit of liability is 
indicated, the limit of liability shall be the full amount of the penal 
sum.
    Whereas said Principal is required, under the Resource Conservation 
and Recovery Act as amended (RCRA), to have a permit or interim status 
in order to own or operate each facility identified above, or to meet 
conditions under 40 CFR sections 261.4(a)(24), and
    Whereas said Principal is required to provide financial assurance as 
a condition of permit or interim status or as a condition of an 
exclusion under 40 CFR sections 261.4(a)(24) and
    Whereas said Principal shall establish a standby trust fund as is 
required when a surety bond is used to provide such financial assurance;
    Now, Therefore, the conditions of the obligation are such that if 
the Principal shall faithfully, before the beginning of final closure of 
each facility identified above, fund the standby trust fund in the 
amount(s) identified above for the facility,
    Or, if the Principal shall satisfy all the conditions established 
for exclusion of hazardous secondary materials from coverage as solid 
waste under 40 CFR sections 261.4(a)(24),
    Or, if the Principal shall fund the standby trust fund in such 
amount(s) within 15 days after a final order to begin closure is issued 
by an EPA Regional Administrator or a U.S. district court or other court 
of competent jurisdiction,
    Or, if the Principal shall provide alternate financial assurance, as 
specified in subpart H of 40 CFR part 261, as applicable, and obtain the 
EPA Regional Administrator's written approval of such assurance, within 
90 days after the date notice of cancellation is received by both the 
Principal and the EPA Regional Administrator(s) from the Surety(ies), 
then this obligation shall be null and void; otherwise it is to remain 
in full force and effect.
    The Surety(ies) shall become liable on this bond obligation only 
when the Principal has failed to fulfill the conditions described above. 
Upon notification by an EPA Regional Administrator that the Principal 
has failed to perform as guaranteed by this bond, the Surety(ies) shall 
place funds in the amount guaranteed for the facility(ies) into the 
standby trust fund as directed by the EPA Regional Administrator.
    The liability of the Surety(ies) shall not be discharged by any 
payment or succession of payments hereunder, unless and until such 
payment or payments shall amount in the aggregate to the penal sum of 
the bond, but in no event shall the obligation of the Surety(ies) 
hereunder exceed the amount of said penal sum.
    The Surety(ies) may cancel the bond by sending notice of 
cancellation by certified

[[Page 161]]

mail to the Principal and to the EPA Regional Administrator(s) for the 
Region(s) in which the facility(ies) is (are) located, provided, 
however, that cancellation shall not occur during the 120 days beginning 
on the date of receipt of the notice of cancellation by both the 
Principal and the EPA Regional Administrator(s), as evidenced by the 
return receipts.
    The Principal may terminate this bond by sending written notice to 
the Surety(ies), provided, however, that no such notice shall become 
effective until the Surety(ies) receive(s) written authorization for 
termination of the bond by the EPA Regional Administrator(s) of the EPA 
Region(s) in which the bonded facility(ies) is (are) located.
    [The following paragraph is an optional rider that may be included 
but is not required.]
    Principal and Surety(ies) hereby agree to adjust the penal sum of 
the bond yearly so that it guarantees a new amount, provided that the 
penal sum does not increase by more than 20 percent in any one year, and 
no decrease in the penal sum takes place without the written permission 
of the EPA Regional Administrator(s).
    In Witness Whereof, the Principal and Surety(ies) have executed this 
Financial Guarantee Bond and have affixed their seals on the date set 
forth above.
    The persons whose signatures appear below hereby certify that they 
are authorized to execute this surety bond on behalf of the Principal 
and Surety(ies) and that the wording of this surety bond is identical to 
the wording specified in 40 CFR 261.151(b) as such regulations were 
constituted on the date this bond was executed.

                                Principal

[Signature(s)]

________________________________________________________________________
[Name(s)]

________________________________________________________________________
[Title(s)]

________________________________________________________________________
 [Corporate seal]_______________________________________________________

                          Corporate Surety(ies)

[Name and address]
 State of incorporation:________________________________________________
Liability limit:
 $______________________________________________________________________
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other 
information in the same manner as for Surety above.]
 Bond premium: $________________________________________________________
    (c) A letter of credit, as specified in Sec. 261.143(c) of this 
chapter, must be worded as follows, except that instructions in brackets 
are to be replaced with the relevant information and the brackets 
deleted:

                  Irrevocable Standby Letter of Credit

                        Regional Administrator(s)

 Region(s)______________________________________________________________

                  U.S. Environmental Protection Agency

    Dear Sir or Madam: We hereby establish our Irrevocable Standby 
Letter of Credit No.-------- in your favor, in the event that the 
hazardous secondary materials at the covered reclamation or intermediary 
facility(ies) no longer meet the conditions of the exclusion under 40 
CFR 261.4(a)(24), at the request and for the account of [owner's or 
operator's name and address] up to the aggregate amount of [in words] 
U.S. dollars $--------, available upon presentation of
    (1) your sight draft, bearing reference to this letter of credit 
No.----, and
    (2) your signed statement reading as follows: ``I certify that the 
amount of the draft is payable pursuant to regulations issued under 
authority of the Resource Conservation and Recovery Act of 1976 as 
amended.''
    This letter of credit is effective as of [date] and shall expire on 
[date at least 1 year later], but such expiration date shall be 
automatically extended for a period of [at least 1 year] on [date] and 
on each successive expiration date, unless, at least 120 days before the 
current expiration date, we notify both you and [owner's or operator's 
name] by certified mail that we have decided not to extend this letter 
of credit beyond the current expiration date. In the event you are so 
notified, any unused portion of the credit shall be available upon 
presentation of your sight draft for 120 days after the date of receipt 
by both you and [owner's or operator's name], as shown on the signed 
return receipts.
    Whenever this letter of credit is drawn on under and in compliance 
with the terms of this credit, we shall duly honor such draft upon 
presentation to us, and we shall deposit the amount of the draft 
directly into the standby trust fund of [owner's or operator's name] in 
accordance with your instructions.
    We certify that the wording of this letter of credit is identical to 
the wording specified in 40 CFR 261.151(c) as such regulations were 
constituted on the date shown immediately below.

[Signature(s) and title(s) of official(s) of issuing institution] [Date]

    This credit is subject to [insert ``the most recent edition of the 
Uniform Customs and Practice for Documentary Credits, published and 
copyrighted by the International Chamber of Commerce,'' or ``the Uniform 
Commercial Code''].

[[Page 162]]

    (d) A certificate of insurance, as specified in Sec. 261.143(e) of 
this chapter, must be worded as follows, except that instructions in 
brackets are to be replaced with the relevant information and the 
brackets deleted:

                        Certificate of Insurance

      Name and Address of Insurer (herein called the ``Insurer''):

________________________________________________________________________

      Name and Address of Insured (herein called the ``Insured''):

________________________________________________________________________

    Facilities Covered: [List for each facility: The EPA Identification 
Number (if any issued), name, address, and the amount of insurance for 
all facilities covered, which must total the face amount shown below.

                              Face Amount:

________________________________________________________________________

 Policy Number:_________________________________________________________

                             Effective Date:

________________________________________________________________________

    The Insurer hereby certifies that it has issued to the Insured the 
policy of insurance identified above to provide financial assurance so 
that in accordance with applicable regulations all hazardous secondary 
materials can be removed from the facility or any unit at the facility 
and the facility or any unit at the facility can be decontaminated at 
the facilities identified above. The Insurer further warrants that such 
policy conforms in all respects with the requirements of 40 CFR 
261.143(d) as applicable and as such regulations were constituted on the 
date shown immediately below. It is agreed that any provision of the 
policy inconsistent with such regulations is hereby amended to eliminate 
such inconsistency.
    Whenever requested by the EPA Regional Administrator(s) of the U.S. 
Environmental Protection Agency, the Insurer agrees to furnish to the 
EPA Regional Administrator(s) a duplicate original of the policy listed 
above, including all endorsements thereon.
    I hereby certify that the wording of this certificate is identical 
to the wording specified in 40 CFR 261.151(d) such regulations were 
constituted on the date shown immediately below.

                   [Authorized signature for Insurer]

                        [Name of person signing]

                        [Title of person signing]

 Signature of witness or notary:________________________________________

                                 [Date]

    (e) A letter from the chief financial officer, as specified in Sec. 
261.143(e) of this chapter, must be worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted:

                   Letter From Chief Financial Officer

    [Address to Regional Administrator of every Region in which 
facilities for which financial responsibility is to be demonstrated 
through the financial test are located].
    I am the chief financial officer of [name and address of firm]. This 
letter is in support of this firm's use of the financial test to 
demonstrate financial assurance, as specified in subpart H of 40 CFR 
part 261.
    [Fill out the following nine paragraphs regarding facilities and 
associated cost estimates. If your firm has no facilities that belong in 
a particular paragraph, write ``None'' in the space indicated. For each 
facility, include its EPA Identification Number (if any issued), name, 
address, and current cost estimates.]
    1. This firm is the owner or operator of the following facilities 
for which financial assurance is demonstrated through the financial test 
specified in subpart H of 40 CFR 261. The current cost estimates covered 
by the test are shown for each facility: -------- .
    2. This firm guarantees, through the guarantee specified in subpart 
H of 40 CFR part 261, the following facilities owned or operated by the 
guaranteed party. The current cost estimates so guaranteed are shown for 
each facility: -------- . The firm identified above is [insert one or 
more: (1) The direct or higher-tier parent corporation of the owner or 
operator; (2) owned by the same parent corporation as the parent 
corporation of the owner or operator, and receiving the following value 
in consideration of this guarantee--------, or (3) engaged in the 
following substantial business relationship with the owner or operator 
--------, and receiving the following value in consideration of this 
guarantee--------]. [Attach a written description of the business 
relationship or a copy of the contract establishing such relationship to 
this letter].
    3. In States where EPA is not administering the financial 
requirements of subpart H of 40 CFR part 261, this firm, as owner or 
operator or guarantor, is demonstrating financial assurance for the 
following facilities through the use of a test equivalent or 
substantially equivalent to the financial test specified in subpart H of 
40 CFR part 261. The current cost estimates covered by such a test are 
shown for each facility:--------.
    4. This firm is the owner or operator of the following hazardous 
secondary materials management facilities for which financial

[[Page 163]]

assurance is not demonstrated either to EPA or a State through the 
financial test or any other financial assurance mechanism specified in 
subpart H of 40 CFR part 261 or equivalent or substantially equivalent 
State mechanisms. The current cost estimates not covered by such 
financial assurance are shown for each facility:--------.
    5. This firm is the owner or operator of the following UIC 
facilities for which financial assurance for plugging and abandonment is 
required under part 144. The current closure cost estimates as required 
by 40 CFR 144.62 are shown for each facility:--------.
    6. This firm is the owner or operator of the following facilities 
for which financial assurance for closure or post-closure care is 
demonstrated through the financial test specified in subpart H of 40 CFR 
parts 264 and 265. The current closure and/or post-closure cost 
estimates covered by the test are shown for each facility: -------- .
    7. This firm guarantees, through the guarantee specified in subpart 
H of 40 CFR parts 264 and 265, the closure or post-closure care of the 
following facilities owned or operated by the guaranteed party. The 
current cost estimates for the closure or post-closure care so 
guaranteed are shown for each facility: --------. The firm identified 
above is [insert one or more: (1) The direct or higher-tier parent 
corporation of the owner or operator; (2) owned by the same parent 
corporation as the parent corporation of the owner or operator, and 
receiving the following value in consideration of this guarantee ------; 
or (3) engaged in the following substantial business relationship with 
the owner or operator ----, and receiving the following value in 
consideration of this guarantee ----]. [Attach a written description of 
the business relationship or a copy of the contract establishing such 
relationship to this letter].
    8. In States where EPA is not administering the financial 
requirements of subpart H of 40 CFR part 264 or 265, this firm, as owner 
or operator or guarantor, is demonstrating financial assurance for the 
closure or post-closure care of the following facilities through the use 
of a test equivalent or substantially equivalent to the financial test 
specified in subpart H of 40 CFR parts 264 and 265. The current closure 
and/or post-closure cost estimates covered by such a test are shown for 
each facility: ----.
    9. This firm is the owner or operator of the following hazardous 
waste management facilities for which financial assurance for closure 
or, if a disposal facility, post-closure care, is not demonstrated 
either to EPA or a State through the financial test or any other 
financial assurance mechanism specified in subpart H of 40 CFR parts 264 
and 265 or equivalent or substantially equivalent State mechanisms. The 
current closure and/or post-closure cost estimates not covered by such 
financial assurance are shown for each facility: ----.
    This firm [insert ``is required'' or ``is not required''] to file a 
Form 10K with the Securities and Exchange Commission (SEC) for the 
latest fiscal year.
    The fiscal year of this firm ends on [month, day]. The figures for 
the following items marked with an asterisk are derived from this firm's 
independently audited, year-end financial statements for the latest 
completed fiscal year, ended [date].
    [Fill in Alternative I if the criteria of paragraph (e)(1)(i) of 
Sec. 261.143 of this chapter are used. Fill in Alternative II if the 
criteria of paragraph (e)(1)(ii) of Sec. 261.143(e) of this chapter are 
used.]

                              Alternative I

    1. Sum of current cost estimates [total of all cost estimates shown 
in the nine paragraphs above] $----
    *2. Total liabilities [if any portion of the cost estimates is 
included in total liabilities, you may deduct the amount of that portion 
from this line and add that amount to lines 3 and 4] $----
    *3. Tangible net worth $--------
    *4. Net worth $---------
    *5. Current assets $--------
    *6. Current liabilities $--------
    7. Net working capital [line 5 minus line 6] $--------
    *8. The sum of net income plus depreciation, depletion, and 
amortization $---------
    *9. Total assets in U.S. (required only if less than 90% of firm's 
assets are located in the U.S.) $---------
    10. Is line 3 at least $10 million? (Yes/No) --------
    11. Is line 3 at least 6 times line 1? (Yes/No) ---------
    12. Is line 7 at least 6 times line 1? (Yes/No) ---------
    *13. Are at least 90% of firm's assets located in the U.S.? If not, 
complete line 14 (Yes/No) --------
    14. Is line 9 at least 6 times line 1? (Yes/No) ---------
    15. Is line 2 divided by line 4 less than 2.0? (Yes/No) ---------
    16. Is line 8 divided by line 2 greater than 0.1? (Yes/No) ---------
    17. Is line 5 divided by line 6 greater than 1.5? (Yes/No) ---------

                             Alternative II

    1. Sum of current cost estimates [total of all cost estimates shown 
in the eight paragraphs above] $---------
    2. Current bond rating of most recent issuance of this firm and name 
of rating service ---------
    3. Date of issuance of bond ---------
    4. Date of maturity of bond ---------

[[Page 164]]

    *5. Tangible net worth [if any portion of the cost estimates is 
included in ``total liabilities'' on your firm's financial statements, 
you may add the amount of that portion to this line] $---------
    *6. Total assets in U.S. (required only if less than 90% of firm's 
assets are located in the U.S.) $---------
    7. Is line 5 at least $10 million? (Yes/No) --------
    8. Is line 5 at least 6 times line 1? (Yes/No) --------
    *9. Are at least 90% of firm's assets located in the U.S.? If not, 
complete line 10 (Yes/No) --------
    10. Is line 6 at least 6 times line 1? (Yes/No) ---------
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR 261.151(e) as such regulations were 
constituted on the date shown immediately below.
 [Signature]____________________________________________________________
 [Name]_________________________________________________________________
 [Title]________________________________________________________________

                                 [Date]

________________________________________________________________________

    (f) A letter from the chief financial officer, as specified in Sec. 
261.147(f) of this chapter, must be worded as follows, except that 
instructions in brackets are to be replaced with the relevant 
information and the brackets deleted.

                   Letter From Chief Financial Officer

    [Address to Regional Administrator of every Region in which 
facilities for which financial responsibility is to be demonstrated 
through the financial test are located].
    I am the chief financial officer of [firm's name and address]. This 
letter is in support of the use of the financial test to demonstrate 
financial responsibility for liability coverage under Sec. 
261.147[insert ``and costs assured Sec. 261.143(e)'' if applicable] as 
specified in subpart H of 40 CFR part 261.
    [Fill out the following paragraphs regarding facilities and 
liability coverage. If there are no facilities that belong in a 
particular paragraph, write ``None'' in the space indicated. For each 
facility, include its EPA Identification Number (if any issued), name, 
and address].
    The firm identified above is the owner or operator of the following 
facilities for which liability coverage for [insert ``sudden'' or 
``nonsudden'' or ``both sudden and nonsudden''] accidental occurrences 
is being demonstrated through the financial test specified in subpart H 
of 40 CFR part 261:--------
    The firm identified above guarantees, through the guarantee 
specified in subpart H of 40 CFR part 261, liability coverage for 
[insert ``sudden'' or ``nonsudden'' or ``both sudden and nonsudden''] 
accidental occurrences at the following facilities owned or operated by 
the following: ---------. The firm identified above is [insert one or 
more: (1) The direct or higher-tier parent corporation of the owner or 
operator; (2) owned by the same parent corporation as the parent 
corporation of the owner or operator, and receiving the following value 
in consideration of this guarantee ---------; or (3) engaged in the 
following substantial business relationship with the owner or operator 
---------, and receiving the following value in consideration of this 
guarantee ---------]. [Attach a written description of the business 
relationship or a copy of the contract establishing such relationship to 
this letter.]
    The firm identified above is the owner or operator of the following 
facilities for which liability coverage for [insert ``sudden'' or 
``nonsudden'' or ``both sudden and nonsudden''] accidental occurrences 
is being demonstrated through the financial test specified in subpart H 
of 40 CFR parts 264 and 265:--------
    The firm identified above guarantees, through the guarantee 
specified in subpart H of 40 CFR parts 264 and 265, liability coverage 
for [insert ``sudden'' or ``nonsudden'' or ``both sudden and 
nonsudden''] accidental occurrences at the following facilities owned or 
operated by the following: ----. The firm identified above is [insert 
one or more: (1) The direct or higher-tier parent corporation of the 
owner or operator; (2) owned by the same parent corporation as the 
parent corporation of the owner or operator, and receiving the following 
value in consideration of this guarantee ----; or (3) engaged in the 
following substantial business relationship with the owner or operator 
----, and receiving the following value in consideration of this 
guarantee ----]. [Attach a written description of the business 
relationship or a copy of the contract establishing such relationship to 
this letter.]
    [If you are using the financial test to demonstrate coverage of both 
liability and costs assured under Sec. 261.143(e) or closure or post-
closure care costs under 40 CFR 264.143, 264.145, 265.143 or 265.145, 
fill in the following nine paragraphs regarding facilities and 
associated cost estimates. If there are no facilities that belong in a 
particular paragraph, write ``None'' in the space indicated. For each 
facility, include its EPA identification number (if any issued), name, 
address, and current cost estimates.]
    1. This firm is the owner or operator of the following facilities 
for which financial assurance is demonstrated through the financial test 
specified in subpart H of 40 CFR 261. The current cost estimates covered 
by the test are shown for each facility:--------.
    2. This firm guarantees, through the guarantee specified in subpart 
H of 40 CFR part

[[Page 165]]

261, the following facilities owned or operated by the guaranteed party. 
The current cost estimates so guaranteed are shown for each facility:--
------. The firm identified above is [insert one or more: (1) The direct 
or higher-tier parent corporation of the owner or operator; (2) owned by 
the same parent corporation as the parent corporation of the owner or 
operator, and receiving the following value in consideration of this 
guarantee--------, or (3) engaged in the following substantial business 
relationship with the owner or operator --------, and receiving the 
following value in consideration of this guarantee--------]. [Attach a 
written description of the business relationship or a copy of the 
contract establishing such relationship to this letter].
    3. In States where EPA is not administering the financial 
requirements of subpart H of 40 CFR part 261, this firm, as owner or 
operator or guarantor, is demonstrating financial assurance for the 
following facilities through the use of a test equivalent or 
substantially equivalent to the financial test specified in subpart H of 
40 CFR part 261. The current cost estimates covered by such a test are 
shown for each facility:--------.
    4. This firm is the owner or operator of the following hazardous 
secondary materials management facilities for which financial assurance 
is not demonstrated either to EPA or a State through the financial test 
or any other financial assurance mechanism specified in subpart H of 40 
CFR part 261 or equivalent or substantially equivalent State mechanisms. 
The current cost estimates not covered by such financial assurance are 
shown for each facility:--------.
    5. This firm is the owner or operator of the following UIC 
facilities for which financial assurance for plugging and abandonment is 
required under part 144. The current closure cost estimates as required 
by 40 CFR 144.62 are shown for each facility:--------.
    6. This firm is the owner or operator of the following facilities 
for which financial assurance for closure or post-closure care is 
demonstrated through the financial test specified in subpart H of 40 CFR 
parts 264 and 265. The current closure and/or post-closure cost 
estimates covered by the test are shown for each facility: --------.
    7. This firm guarantees, through the guarantee specified in subpart 
H of 40 CFR parts 264 and 265, the closure or post-closure care of the 
following facilities owned or operated by the guaranteed party. The 
current cost estimates for the closure or post-closure care so 
guaranteed are shown for each facility: --------. The firm identified 
above is [insert one or more: (1) The direct or higher-tier parent 
corporation of the owner or operator; (2) owned by the same parent 
corporation as the parent corporation of the owner or operator, and 
receiving the following value in consideration of this guarantee ------
--; or (3) engaged in the following substantial business relationship 
with the owner or operator --------, and receiving the following value 
in consideration of this guarantee --------].
    [Attach a written description of the business relationship or a copy 
of the contract establishing such relationship to this letter].
    8. In States where EPA is not administering the financial 
requirements of subpart H of 40 CFR part 264 or 265, this firm, as owner 
or operator or guarantor, is demonstrating financial assurance for the 
closure or post-closure care of the following facilities through the use 
of a test equivalent or substantially equivalent to the financial test 
specified in subpart H of 40 CFR parts 264 and 265. The current closure 
and/or post-closure cost estimates covered by such a test are shown for 
each facility: --------.
    9. This firm is the owner or operator of the following hazardous 
waste management facilities for which financial assurance for closure 
or, if a disposal facility, post-closure care, is not demonstrated 
either to EPA or a State through the financial test or any other 
financial assurance mechanism specified in subpart H of 40 CFR parts 264 
and 265 or equivalent or substantially equivalent State mechanisms. The 
current closure and/or post-closure cost estimates not covered by such 
financial assurance are shown for each facility: --------.
    This firm [insert ``is required'' or ``is not required''] to file a 
Form 10K with the Securities and Exchange Commission (SEC) for the 
latest fiscal year.
    The fiscal year of this firm ends on [month, day]. The figures for 
the following items marked with an asterisk are derived from this firm's 
independently audited, year-end financial statements for the latest 
completed fiscal year, ended [date].

          Part A. Liability Coverage for Accidental Occurrences

    [Fill in Alternative I if the criteria of paragraph (f)(1)(i) of 
Sec. 261.147 are used. Fill in Alternative II if the criteria of 
paragraph (f)(1)(ii) of Sec. 261.147 are used.]

                              Alternative I

    1. Amount of annual aggregate liability coverage to be demonstrated 
$---------.
    *2. Current assets $---------.
    *3. Current liabilities $---------.
    4. Net working capital (line 2 minus line 3) $---------.
    *5. Tangible net worth $---------.
    *6. If less than 90% of assets are located in the U.S., give total 
U.S. assets $---------.
    7. Is line 5 at least $10 million? (Yes/No) ---------.
    8. Is line 4 at least 6 times line 1? (Yes/No) ---------.
    9. Is line 5 at least 6 times line 1? (Yes/No) ---------.

[[Page 166]]

    *10. Are at least 90% of assets located in the U.S.? (Yes/No) ------
--. If not, complete line 11.
    11. Is line 6 at least 6 times line 1? (Yes/No) --------.

                             Alternative II

    1. Amount of annual aggregate liability coverage to be demonstrated 
$---------.
    2. Current bond rating of most recent issuance and name of rating 
service ------------------.
    3. Date of issuance of bond ------------------.
    4. Date of maturity of bond ------------------.
    *5. Tangible net worth $---------.
    *6. Total assets in U.S. (required only if less than 90% of assets 
are located in the U.S.) $---------.
    7. Is line 5 at least $10 million? (Yes/No) ---------.
    8. Is line 5 at least 6 times line 1? ---------.
    9. Are at least 90% of assets located in the U.S.? If not, complete 
line 10. (Yes/No) ----.
    10. Is line 6 at least 6 times line 1? ---------.
    [Fill in part B if you are using the financial test to demonstrate 
assurance of both liability coverage and costs assured under Sec. 
261.143(e) or closure or post-closure care costs under 40 CFR 264.143, 
264.145, 265.143 or 265.145.]

              Part B. Facility Care and Liability Coverage

    [Fill in Alternative I if the criteria of paragraphs (e)(1)(i) of 
Sec. 261.143 and (f)(1)(i) of Sec. 261.147 are used. Fill in Alternative 
II if the criteria of paragraphs (e)(1)(ii) of Sec. 261.143 and 
(f)(1)(ii) of Sec. 261.147 are used.]

                              Alternative I

    1. Sum of current cost estimates (total of all cost estimates listed 
above) $---------
    2. Amount of annual aggregate liability coverage to be demonstrated 
$---------
    3. Sum of lines 1 and 2 $--------
    *4. Total liabilities (if any portion of your cost estimates is 
included in your total liabilities, you may deduct that portion from 
this line and add that amount to lines 5 and 6) $---------
    *5. Tangible net worth $--------
    *6. Net worth $---------
    *7. Current assets $--------
    *8. Current liabilities $--------
    9. Net working capital (line 7 minus line 8) $--------
    *10. The sum of net income plus depreciation, depletion, and 
amortization $---------
    *11. Total assets in U.S. (required only if less than 90% of assets 
are located in the U.S.) $--------
    12. Is line 5 at least $10 million? (Yes/No)
    13. Is line 5 at least 6 times line 3? (Yes/No)
    14. Is line 9 at least 6 times line 3? (Yes/No)
    *15. Are at least 90% of assets located in the U.S.? (Yes/No) If 
not, complete line 16.
    16. Is line 11 at least 6 times line 3? (Yes/No)
    17. Is line 4 divided by line 6 less than 2.0? (Yes/No)
    18. Is line 10 divided by line 4 greater than 0.1? (Yes/No)
    19. Is line 7 divided by line 8 greater than 1.5? (Yes/No)

                             Alternative II

    1. Sum of current cost estimates (total of all cost estimates listed 
above) $---------
    2. Amount of annual aggregate liability coverage to be demonstrated 
$---------
    3. Sum of lines 1 and 2 $--------
    4. Current bond rating of most recent issuance and name of rating 
service -------------
    5. Date of issuance of bond --------------
    6. Date of maturity of bond --------------
    *7. Tangible net worth (if any portion of the cost estimates is 
included in ``total liabilities'' on your financial statements you may 
add that portion to this line) $---------
    *8. Total assets in the U.S. (required only if less than 90% of 
assets are located in the U.S.) $---------
    9. Is line 7 at least $10 million? (Yes/No)
    10. Is line 7 at least 6 times line 3? (Yes/No)
    *11. Are at least 90% of assets located in the U.S.? (Yes/No) If not 
complete line 12.
    12. Is line 8 at least 6 times line 3? (Yes/No)
    I hereby certify that the wording of this letter is identical to the 
wording specified in 40 CFR 261.151(f) as such regulations were 
constituted on the date shown immediately below.
 [Signature]____________________________________________________________
 [Name]_________________________________________________________________
 [Title]________________________________________________________________
 [Date]_________________________________________________________________
    (g)(1) A corporate guarantee, as specified in Sec. 261.143(e) of 
this chapter, must be worded as follows, except that instructions in 
brackets are to be replaced with the relevant information and the 
brackets deleted:

                  Corporate Guarantee for Facility Care

    Guarantee made this [date] by [name of guaranteeing entity], a 
business corporation organized under the laws of the State of [insert 
name of State], herein referred to as guarantor. This guarantee is made 
on behalf of the [owner or operator] of [business address], which is 
[one of the following: ``our subsidiary''; ``a subsidiary of [name and 
address of common parent corporation], of which guarantor is a 
subsidiary''; or ``an entity with which guarantor has a substantial 
business relationship, as defined in 40 CFR

[[Page 167]]

264.141(h) and 265.141(h)'' to the United States Environmental 
Protection Agency (EPA).

                                Recitals

    1. Guarantor meets or exceeds the financial test criteria and agrees 
to comply with the reporting requirements for guarantors as specified in 
40 CFR 261.143(e).
    2. [Owner or operator] owns or operates the following facility(ies) 
covered by this guarantee: [List for each facility: EPA Identification 
Number (if any issued), name, and address.
    3. ``Closure plans'' as used below refer to the plans maintained as 
required by subpart H of 40 CFR part 261 for the care of facilities as 
identified above.
    4. For value received from [owner or operator], guarantor guarantees 
that in the event of a determination by the Regional Administrator that 
the hazardous secondary materials at the owner or operator's facility 
covered by this guarantee do not meet the conditions of the exclusion 
under Sec. 261.4(a)(24), the guarantor will dispose of any hazardous 
secondary material as hazardous waste, and close the facility in 
accordance with closure requirements found in parts 264 or 265 of this 
chapter, as applicable, or establish a trust fund as specified in Sec. 
261.143(a) in the name of the owner or operator in the amount of the 
current cost estimate.
    5. Guarantor agrees that if, at the end of any fiscal year before 
termination of this guarantee, the guarantor fails to meet the financial 
test criteria, guarantor shall send within 90 days, by certified mail, 
notice to the EPA Regional Administrator(s) for the Region(s) in which 
the facility(ies) is(are) located and to [owner or operator] that he 
intends to provide alternate financial assurance as specified in subpart 
H of 40 CFR part 261, as applicable, in the name of [owner or operator]. 
Within 120 days after the end of such fiscal year, the guarantor shall 
establish such financial assurance unless [owner or operator] has done 
so.
    6. The guarantor agrees to notify the EPA Regional Administrator by 
certified mail, of a voluntary or involuntary proceeding under Title 11 
(Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days 
after commencement of the proceeding.
    7. Guarantor agrees that within 30 days after being notified by an 
EPA Regional Administrator of a determination that guarantor no longer 
meets the financial test criteria or that he is disallowed from 
continuing as a guarantor, he shall establish alternate financial 
assurance as specified in of 40 CFR parts 264, 265, or subpart H of 40 
CFR part 261, as applicable, in the name of [owner or operator] unless 
[owner or operator] has done so.
    8. Guarantor agrees to remain bound under this guarantee 
notwithstanding any or all of the following: amendment or modification 
of the closure plan, the extension or reduction of the time of 
performance, or any other modification or alteration of an obligation of 
the owner or operator pursuant to 40 CFR parts 264, 265, or Subpart H of 
40 CFR part 261.
    9. Guarantor agrees to remain bound under this guarantee for as long 
as [owner or operator] must comply with the applicable financial 
assurance requirements of 40 CFR parts 264 and 265 or the financial 
assurance condition of 40 CFR 261.4(a)(24)(vi)(F) for the above-listed 
facilities, except as provided in paragraph 10 of this agreement.
    10. [Insert the following language if the guarantor is (a) a direct 
or higher-tier corporate parent, or (b) a firm whose parent corporation 
is also the parent corporation of the owner or operator]:
    Guarantor may terminate this guarantee by sending notice by 
certified mail to the EPA Regional Administrator(s) for the Region(s) in 
which the facility(ies) is(are) located and to [owner or operator], 
provided that this guarantee may not be terminated unless and until [the 
owner or operator] obtains, and the EPA Regional Administrator(s) 
approve(s), alternate coverage complying with 40 CFR 261.143.
    [Insert the following language if the guarantor is a firm qualifying 
as a guarantor due to its ``substantial business relationship'' with the 
owner or operator]
    Guarantor may terminate this guarantee 120 days following the 
receipt of notification, through certified mail, by the EPA Regional 
Administrator(s) for the Region(s) in which the facility(ies) is(are) 
located and by [the owner or operator].
    11. Guarantor agrees that if [owner or operator] fails to provide 
alternate financial assurance as specified in 40 CFR parts 264, 265, or 
subpart H of 40 CFR 261, as applicable, and obtain written approval of 
such assurance from the EPA Regional Administrator(s) within 90 days 
after a notice of cancellation by the guarantor is received by an EPA 
Regional Administrator from guarantor, guarantor shall provide such 
alternate financial assurance in the name of [owner or operator].
    12. Guarantor expressly waives notice of acceptance of this 
guarantee by the EPA or by [owner or operator]. Guarantor also expressly 
waives notice of amendments or modifications of the closure plan and of 
amendments or modifications of the applicable requirements of 40 CFR 
parts 264, 265, or subpart H of 40 CFR 261.
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR 261.151(g)(1) as such regulations were 
constituted on the date first above written.
 Effective date:________________________________________________________
 [Name of guarantor]____________________________________________________
 [Authorized signature for guarantor]___________________________________

[[Page 168]]

 [Name of person signing]_______________________________________________
 [Title of person signing]______________________________________________
 Signature of witness or notary:________________________________________
    (2) A guarantee, as specified in Sec. 261.147(g) of this chapter, 
must be worded as follows, except that instructions in brackets are to 
be replaced with the relevant information and the brackets deleted:

                    Guarantee for Liability Coverage

    Guarantee made this [date] by [name of guaranteeing entity], a 
business corporation organized under the laws of [if incorporated within 
the United States insert ``the State of ---------'' and insert name of 
State; if incorporated outside the United States insert the name of the 
country in which incorporated, the principal place of business within 
the United States, and the name and address of the registered agent in 
the State of the principal place of business], herein referred to as 
guarantor. This guarantee is made on behalf of [owner or operator] of 
[business address], which is one of the following: ``our subsidiary;'' 
``a subsidiary of [name and address of common parent corporation], of 
which guarantor is a subsidiary;'' or ``an entity with which guarantor 
has a substantial business relationship, as defined in 40 CFR [either 
264.141(h) or 265.141(h)]'', to any and all third parties who have 
sustained or may sustain bodily injury or property damage caused by 
[sudden and/or nonsudden] accidental occurrences arising from operation 
of the facility(ies) covered by this guarantee.

                                Recitals

    1. Guarantor meets or exceeds the financial test criteria and agrees 
to comply with the reporting requirements for guarantors as specified in 
40 CFR 261.147(g).
    2. [Owner or operator] owns or operates the following facility(ies) 
covered by this guarantee: [List for each facility: EPA identification 
number (if any issued), name, and address; and if guarantor is 
incorporated outside the United States list the name and address of the 
guarantor's registered agent in each State.] This corporate guarantee 
satisfies RCRA third-party liability requirements for [insert ``sudden'' 
or ``nonsudden'' or ``both sudden and nonsudden''] accidental 
occurrences in above-named owner or operator facilities for coverage in 
the amount of [insert dollar amount] for each occurrence and [insert 
dollar amount] annual aggregate.
    3. For value received from [owner or operator], guarantor guarantees 
to any and all third parties who have sustained or may sustain bodily 
injury or property damage caused by [sudden and/or nonsudden] accidental 
occurrences arising from operations of the facility(ies) covered by this 
guarantee that in the event that [owner or operator] fails to satisfy a 
judgment or award based on a determination of liability for bodily 
injury or property damage to third parties caused by [sudden and/or 
nonsudden] accidental occurrences, arising from the operation of the 
above-named facilities, or fails to pay an amount agreed to in 
settlement of a claim arising from or alleged to arise from such injury 
or damage, the guarantor will satisfy such judgment(s), award(s) or 
settlement agreement(s) up to the limits of coverage identified above.
    4. Such obligation does not apply to any of the following:
    (a) Bodily injury or property damage for which [insert owner or 
operator] is obligated to pay damages by reason of the assumption of 
liability in a contract or agreement. This exclusion does not apply to 
liability for damages that [insert owner or operator] would be obligated 
to pay in the absence of the contract or agreement.
    (b) Any obligation of [insert owner or operator] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
any similar law.
    (c) Bodily injury to:
    (1) An employee of [insert owner or operator] arising from, and in 
the course of, employment by [insert owner or operator]; or
    (2) The spouse, child, parent, brother, or sister of that employee 
as a consequence of, or arising from, and in the course of employment by 
[insert owner or operator]. This exclusion applies:
    (A) Whether [insert owner or operator] may be liable as an employer 
or in any other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert owner or 
operator];
    (2) Premises that are sold, given away or abandoned by [insert owner 
or operator] if the property damage arises out of any part of those 
premises;
    (3) Property loaned to [insert owner or operator];
    (4) Personal property in the care, custody or control of [insert 
owner or operator];
    (5) That particular part of real property on which [insert owner or 
operator] or any contractors or subcontractors working directly or 
indirectly on behalf of [insert owner or operator] are performing 
operations, if the property damage arises out of these operations.
    5. Guarantor agrees that if, at the end of any fiscal year before 
termination of this guarantee, the guarantor fails to meet the financial 
test criteria, guarantor shall send

[[Page 169]]

within 90 days, by certified mail, notice to the EPA Regional 
Administrator[s] for the Region[s] in which the facility[ies] is[are] 
located and to [owner or operator] that he intends to provide alternate 
liability coverage as specified in 40 CFR 261.147, as applicable, in the 
name of [owner or operator]. Within 120 days after the end of such 
fiscal year, the guarantor shall establish such liability coverage 
unless [owner or operator] has done so.
    6. The guarantor agrees to notify the EPA Regional Administrator by 
certified mail of a voluntary or involuntary proceeding under title 11 
(Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days 
after commencement of the proceeding. Guarantor agrees that within 30 
days after being notified by an EPA Regional Administrator of a 
determination that guarantor no longer meets the financial test criteria 
or that he is disallowed from continuing as a guarantor, he shall 
establish alternate liability coverage as specified in 40 CFR 261.147 in 
the name of [owner or operator], unless [owner or operator] has done so.
    7. Guarantor reserves the right to modify this agreement to take 
into account amendment or modification of the liability requirements set 
by 40 CFR 261.147, provided that such modification shall become 
effective only if a Regional Administrator does not disapprove the 
modification within 30 days of receipt of notification of the 
modification.
    8. Guarantor agrees to remain bound under this guarantee for so long 
as [owner or operator] must comply with the applicable requirements of 
40 CFR 261.147 for the above-listed facility(ies), except as provided in 
paragraph 10 of this agreement.
    9. [Insert the following language if the guarantor is (a) a direct 
or higher-tier corporate parent, or (b) a firm whose parent corporation 
is also the parent corporation of the owner or operator]:
    10. Guarantor may terminate this guarantee by sending notice by 
certified mail to the EPA Regional Administrator(s) for the Region(s) in 
which the facility(ies) is(are) located and to [owner or operator], 
provided that this guarantee may not be terminated unless and until [the 
owner or operator] obtains, and the EPA Regional Administrator(s) 
approve(s), alternate liability coverage complying with 40 CFR 261.147.
    [Insert the following language if the guarantor is a firm qualifying 
as a guarantor due to its ``substantial business relationship'' with the 
owner or operator]:
    Guarantor may terminate this guarantee 120 days following receipt of 
notification, through certified mail, by the EPA Regional 
Administrator(s) for the Region(s) in which the facility(ies) is(are) 
located and by [the owner or operator].
    11. Guarantor hereby expressly waives notice of acceptance of this 
guarantee by any party.
    12. Guarantor agrees that this guarantee is in addition to and does 
not affect any other responsibility or liability of the guarantor with 
respect to the covered facilities.
    13. The Guarantor shall satisfy a third-party liability claim only 
on receipt of one of the following documents:
    (a) Certification from the Principal and the third-party claimant(s) 
that the liability claim should be paid. The certification must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                      Certification of Valid Claim

    The undersigned, as parties [insert Principal] and [insert name and 
address of third-party claimant(s)], hereby certify that the claim of 
bodily injury and/or property damage caused by a [sudden or nonsudden] 
accidental occurrence arising from operating [Principal's] facility 
should be paid in the amount of $ .
 [Signatures]___________________________________________________________
 Principal______________________________________________________________
 (Notary) Date__________________________________________________________
 [Signatures]___________________________________________________________
 Claimant(s)____________________________________________________________
 (Notary) Date__________________________________________________________
    (b) A valid final court order establishing a judgment against the 
Principal for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Principal's facility or group of facilities.
    14. In the event of combination of this guarantee with another 
mechanism to meet liability requirements, this guarantee will be 
considered [insert ``primary'' or ``excess''] coverage.
    I hereby certify that the wording of the guarantee is identical to 
the wording specified in 40 CFR 261.151(g)(2) as such regulations were 
constituted on the date shown immediately below.
 Effective date:________________________________________________________
 [Name of guarantor]____________________________________________________
 [Authorized signature for guarantor]___________________________________
 [Name of person signing]_______________________________________________
 [Title of person signing]______________________________________________
 Signature of witness or notary:________________________________________
    (h) A hazardous waste facility liability endorsement as required 
Sec. 261.147 must be worded as follows, except that instructions in 
brackets are to be replaced with the relevant information and the 
brackets deleted:

Hazardous Secondary Material Reclamation/Intermediate Facility Liability 
                               Endorsement

    1. This endorsement certifies that the policy to which the 
endorsement is attached provides liability insurance covering bodily 
injury and property damage in connection

[[Page 170]]

with the insured's obligation to demonstrate financial responsibility 
under 40 CFR 261.147. The coverage applies at [list EPA Identification 
Number (if any issued), name, and address for each facility] for [insert 
``sudden accidental occurrences,'' ``nonsudden accidental occurrences,'' 
or ``sudden and nonsudden accidental occurrences''; if coverage is for 
multiple facilities and the coverage is different for different 
facilities, indicate which facilities are insured for sudden accidental 
occurrences, which are insured for nonsudden accidental occurrences, and 
which are insured for both]. The limits of liability are [insert the 
dollar amount of the ``each occurrence'' and ``annual aggregate'' limits 
of the Insurer's liability], exclusive of legal defense costs.
    2. The insurance afforded with respect to such occurrences is 
subject to all of the terms and conditions of the policy; provided, 
however, that any provisions of the policy inconsistent with subsections 
(a) through (e) of this Paragraph 2 are hereby amended to conform with 
subsections (a) through (e):
    (a) Bankruptcy or insolvency of the insured shall not relieve the 
Insurer of its obligations under the policy to which this endorsement is 
attached.
    (b) The Insurer is liable for the payment of amounts within any 
deductible applicable to the policy, with a right of reimbursement by 
the insured for any such payment made by the Insurer. This provision 
does not apply with respect to that amount of any deductible for which 
coverage is demonstrated as specified in 40 CFR 261.147(f).
    (c) Whenever requested by a Regional Administrator of the U.S. 
Environmental Protection Agency (EPA), the Insurer agrees to furnish to 
the Regional Administrator a signed duplicate original of the policy and 
all endorsements.
    (d) Cancellation of this endorsement, whether by the Insurer, the 
insured, a parent corporation providing insurance coverage for its 
subsidiary, or by a firm having an insurable interest in and obtaining 
liability insurance on behalf of the owner or operator of the facility, 
will be effective only upon written notice and only after the expiration 
of 60 days after a copy of such written notice is received by the 
Regional Administrator(s) of the EPA Region(s) in which the 
facility(ies) is(are) located.
    (e) Any other termination of this endorsement will be effective only 
upon written notice and only after the expiration of thirty (30) days 
after a copy of such written notice is received by the Regional 
Administrator(s) of the EPA Region(s) in which the facility(ies) is 
(are) located.
    Attached to and forming part of policy No. ---- issued by [name of 
Insurer], herein called the Insurer, of [address of Insurer] to [name of 
insured] of [address] this ---------------- day of ----------------, 
19----. The effective date of said policy is ---------------- day of --
--------------, 19----.
    I hereby certify that the wording of this endorsement is identical 
to the wording specified in 40 CFR 261.151(h) as such regulation was 
constituted on the date first above written, and that the Insurer is 
licensed to transact the business of insurance, or eligible to provide 
insurance as an excess or surplus lines insurer, in one or more States.
[Signature of Authorized Representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]
    (i) A certificate of liability insurance as required in Sec. 
261.147 must be worded as follows, except that the instructions in 
brackets are to be replaced with the relevant information and the 
brackets deleted:

     Hazardous Secondary Material Reclamation/Intermediate Facility 
                   Certificate of Liability Insurance

    1. [Name of Insurer], (the ``Insurer''), of [address of Insurer] 
hereby certifies that it has issued liability insurance covering bodily 
injury and property damage to [name of insured], (the ``insured''), of 
[address of insured] in connection with the insured's obligation to 
demonstrate financial responsibility under 40 CFR parts 264, 265, and 
the financial assurance condition of 40 CFR 261.4(a)(24)(vi)(F). The 
coverage applies at [list EPA Identification Number (if any issued), 
name, and address for each facility] for [insert ``sudden accidental 
occurrences,'' ``nonsudden accidental occurrences,'' or ``sudden and 
nonsudden accidental occurrences''; if coverage is for multiple 
facilities and the coverage is different for different facilities, 
indicate which facilities are insured for sudden accidental occurrences, 
which are insured for nonsudden accidental occurrences, and which are 
insured for both]. The limits of liability are [insert the dollar amount 
of the ``each occurrence'' and ``annual aggregate'' limits of the 
Insurer's liability], exclusive of legal defense costs. The coverage is 
provided under policy number, issued on [date]. The effective date of 
said policy is [date].
    2. The Insurer further certifies the following with respect to the 
insurance described in Paragraph 1:
    (a) Bankruptcy or insolvency of the insured shall not relieve the 
Insurer of its obligations under the policy.
    (b) The Insurer is liable for the payment of amounts within any 
deductible applicable to the policy, with a right of reimbursement by 
the insured for any such payment made by the Insurer. This provision 
does not apply

[[Page 171]]

with respect to that amount of any deductible for which coverage is 
demonstrated as specified in 40 CFR 261.147.
    (c) Whenever requested by a Regional Administrator of the U.S. 
Environmental Protection Agency (EPA), the Insurer agrees to furnish to 
the Regional Administrator a signed duplicate original of the policy and 
all endorsements.
    (d) Cancellation of the insurance, whether by the insurer, the 
insured, a parent corporation providing insurance coverage for its 
subsidiary, or by a firm having an insurable interest in and obtaining 
liability insurance on behalf of the owner or operator of the hazardous 
waste management facility, will be effective only upon written notice 
and only after the expiration of 60 days after a copy of such written 
notice is received by the Regional Administrator(s) of the EPA Region(s) 
in which the facility(ies) is(are) located.
    (e) Any other termination of the insurance will be effective only 
upon written notice and only after the expiration of thirty (30) days 
after a copy of such written notice is received by the Regional 
Administrator(s) of the EPA Region(s) in which the facility(ies) is 
(are) located.

I hereby certify that the wording of this instrument is identical to the 
wording specified in 40 CFR 261.151(i) as such regulation was 
constituted on the date first above written, and that the Insurer is 
licensed to transact the business of insurance, or eligible to provide 
insurance as an excess or surplus lines insurer, in one or more States.
[Signature of authorized representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]
    (j) A letter of credit, as specified in Sec. 261.147(h) of this 
chapter, must be worded as follows, except that instructions in brackets 
are to be replaced with the relevant information and the brackets 
deleted:

                  Irrevocable Standby Letter of Credit

 Name and Address of Issuing Institution________________________________
 Regional Administrator(s)______________________________________________
 Region(s)______________________________________________________________
 U.S. Environmental Protection Agency___________________________________
    Dear Sir or Madam: We hereby establish our Irrevocable Standby 
Letter of Credit No. ------------- in the favor of [''any and all third-
party liability claimants'' or insert name of trustee of the standby 
trust fund], at the request and for the account of [owner or operator's 
name and address] for third-party liability awards or settlements up to 
[in words] U.S. dollars $------------- per occurrence and the annual 
aggregate amount of [in words] U.S. dollars $----, for sudden accidental 
occurrences and/or for third-party liability awards or settlements up to 
the amount of [in words] U.S. dollars $------------- per occurrence, and 
the annual aggregate amount of [in words] U.S. dollars $-------------, 
for nonsudden accidental occurrences available upon presentation of a 
sight draft bearing reference to this letter of credit No. -------------
, and [insert the following language if the letter of credit is being 
used without a standby trust fund: (1) a signed certificate reading as 
follows:

                       Certificate of Valid Claim

    The undersigned, as parties [insert principal] and [insert name and 
address of third party claimant(s)], hereby certify that the claim of 
bodily injury and/or property damage caused by a [sudden or nonsudden] 
accidental occurrence arising from operations of [principal's] facility 
should be paid in the amount of $[ ]. We hereby certify that the claim 
does not apply to any of the following:
    (a) Bodily injury or property damage for which [insert principal] is 
obligated to pay damages by reason of the assumption of liability in a 
contract or agreement. This exclusion does not apply to liability for 
damages that [insert principal] would be obligated to pay in the absence 
of the contract or agreement.
    (b) Any obligation of [insert principal] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
any similar law.
    (c) Bodily injury to:
    (1) An employee of [insert principal] arising from, and in the 
course of, employment by [insert principal]; or
    (2) The spouse, child, parent, brother or sister of that employee as 
a consequence of, or arising from, and in the course of employment by 
[insert principal].
    This exclusion applies:
    (A) Whether [insert principal] may be liable as an employer or in 
any other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert principal];
    (2) Premises that are sold, given away or abandoned by [insert 
principal] if the property damage arises out of any part of those 
premises;
    (3) Property loaned to [insert principal];
    (4) Personal property in the care, custody or control of [insert 
principal];
    (5) That particular part of real property on which [insert 
principal] or any contractors

[[Page 172]]

or subcontractors working directly or indirectly on behalf of [insert 
principal] are performing operations, if the property damage arises out 
of these operations.

 [Signatures]___________________________________________________________
 Grantor________________________________________________________________
 [Signatures]___________________________________________________________
 Claimant(s)____________________________________________________________

or (2) a valid final court order establishing a judgment against the 
Grantor for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Grantor's facility or group of facilities.]
    This letter of credit is effective as of [date] and shall expire on 
[date at least one year later], but such expiration date shall be 
automatically extended for a period of [at least one year] on [date and 
on each successive expiration date, unless, at least 120 days before the 
current expiration date, we notify you, the USEPA Regional Administrator 
for Region [Region], and [owner's or operator's name] by certified mail 
that we have decided not to extend this letter of credit beyond the 
current expiration date.
    Whenever this letter of credit is drawn on under and in compliance 
with the terms of this credit, we shall duly honor such draft upon 
presentation to us.
    [Insert the following language if a standby trust fund is not being 
used: ``In the event that this letter of credit is used in combination 
with another mechanism for liability coverage, this letter of credit 
shall be considered [insert ``primary'' or ``excess'' coverage].''
    We certify that the wording of this letter of credit is identical to 
the wording specified in 40 CFR 261.151(j) as such regulations were 
constituted on the date shown immediately below. [Signature(s) and 
title(s) of official(s) of issuing institution] [Date].
    This credit is subject to [insert ``the most recent edition of the 
Uniform Customs and Practice for Documentary Credits, published and 
copyrighted by the International Chamber of Commerce,'' or ``the Uniform 
Commercial Code''].
    (k) A surety bond, as specified in Sec. 261.147(i) of this chapter, 
must be worded as follows: except that instructions in brackets are to 
be replaced with the relevant information and the brackets deleted:

                              Payment Bond

Surety Bond No. [Insert number]
    Parties [Insert name and address of owner or operator], Principal, 
incorporated in [Insert State of incorporation] of [Insert city and 
State of principal place of business] and [Insert name and address of 
surety company(ies)], Surety Company(ies), of [Insert surety(ies) place 
of business].
    EPA Identification Number (if any issued), name, and address for 
each facility guaranteed by this bond: ----

________________________________________________________________________
________________________________________________________________________

                                Nonsudden

                            Sudden accidental

                               accidental

                               occurrences

                               occurrences

________________________________________________________________________
________________________________________________________________________

 
 
 
Penal Sum Per Occurrence..............  [insert amount]....................  [insert amount]
Annual Aggregate......................  [insert amount]....................  [insert amount]
 

________________________________________________________________________
________________________________________________________________________

    Purpose: This is an agreement between the Surety(ies) and the 
Principal under which the Surety(ies), its(their) successors and 
assignees, agree to be responsible for the payment of claims against the 
Principal for bodily injury and/or property damage to third parties 
caused by [``sudden'' and/or ``nonsudden''] accidental occurrences 
arising from operations of the facility or group of facilities in the 
sums prescribed herein; subject to the governing provisions and the 
following conditions.
    Governing Provisions:
    (1) Section 3004 of the Resource Conservation and Recovery Act of 
1976, as amended.
    (2) Rules and regulations of the U.S. Environmental Protection 
Agency (EPA), particularly 40 CFR parts 264, 265, and Subpart H of 40 
CFR part 261 (if applicable).
    (3) Rules and regulations of the governing State agency (if 
applicable) [insert citation].
    Conditions:
    (1) The Principal is subject to the applicable governing provisions 
that require the Principal to have and maintain liability coverage for 
bodily injury and property damage to third parties caused by [``sudden'' 
and/or ``nonsudden''] accidental occurrences arising from operations of 
the facility or group of facilities. Such obligation does not apply to 
any of the following:
    (a) Bodily injury or property damage for which [insert Principal] is 
obligated to pay

[[Page 173]]

damages by reason of the assumption of liability in a contract or 
agreement. This exclusion does not apply to liability for damages that 
[insert Principal] would be obligated to pay in the absence of the 
contract or agreement.
    (b) Any obligation of [insert Principal] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
similar law.
    (c) Bodily injury to:
    (1) An employee of [insert Principal] arising from, and in the 
course of, employment by [insert principal]; or
    (2) The spouse, child, parent, brother or sister of that employee as 
a consequence of, or arising from, and in the course of employment by 
[insert Principal]. This exclusion applies:
    (A) Whether [insert Principal] may be liable as an employer or in 
any other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert Principal];
    (2) Premises that are sold, given away or abandoned by [insert 
Principal] if the property damage arises out of any part of those 
premises;
    (3) Property loaned to [insert Principal];
    (4) Personal property in the care, custody or control of [insert 
Principal];
    (5) That particular part of real property on which [insert 
Principal] or any contractors or subcontractors working directly or 
indirectly on behalf of [insert Principal] are performing operations, if 
the property damage arises out of these operations.
    (2) This bond assures that the Principal will satisfy valid third 
party liability claims, as described in condition 1.
    (3) If the Principal fails to satisfy a valid third party liability 
claim, as described above, the Surety(ies) becomes liable on this bond 
obligation.
    (4) The Surety(ies) shall satisfy a third party liability claim only 
upon the receipt of one of the following documents:
    (a) Certification from the Principal and the third party claimant(s) 
that the liability claim should be paid. The certification must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                      Certification of Valid Claim

    The undersigned, as parties [insert name of Principal] and [insert 
name and address of third party claimant(s)], hereby certify that the 
claim of bodily injury and/or property damage caused by a [sudden or 
nonsudden] accidental occurrence arising from operating [Principal's] 
facility should be paid in the amount of $[ ].

    [Signature]
    Principal
    [Notary] Date
    [Signature(s)]
    Claimant(s)

    [Notary] Date
or (b) A valid final court order establishing a judgment against the 
Principal for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Principal's facility or group of facilities.
    (5) In the event of combination of this bond with another mechanism 
for liability coverage, this bond will be considered [insert ``primary'' 
or ``excess''] coverage.
    (6) The liability of the Surety(ies) shall not be discharged by any 
payment or succession of payments hereunder, unless and until such 
payment or payments shall amount in the aggregate to the penal sum of 
the bond. In no event shall the obligation of the Surety(ies) hereunder 
exceed the amount of said annual aggregate penal sum, provided that the 
Surety(ies) furnish(es) notice to the Regional Administrator forthwith 
of all claims filed and payments made by the Surety(ies) under this 
bond.
    (7) The Surety(ies) may cancel the bond by sending notice of 
cancellation by certified mail to the Principal and the USEPA Regional 
Administrator for Region [Region ], provided, however, that cancellation 
shall not occur during the 120 days beginning on the date of receipt of 
the notice of cancellation by the Principal and the Regional 
Administrator, as evidenced by the return receipt.
    (8) The Principal may terminate this bond by sending written notice 
to the Surety(ies) and to the EPA Regional Administrator(s) of the EPA 
Region(s) in which the bonded facility(ies) is (are) located.
    (9) The Surety(ies) hereby waive(s) notification of amendments to 
applicable laws, statutes, rules and regulations and agree(s) that no 
such amendment shall in any way alleviate its (their) obligation on this 
bond.
    (10) This bond is effective from [insert date] (12:01 a.m., standard 
time, at the address of the Principal as stated herein) and shall 
continue in force until terminated as described above.
    In Witness Whereof, the Principal and Surety(ies) have executed this 
Bond and have affixed their seals on the date set forth above.
    The persons whose signatures appear below hereby certify that they 
are authorized to execute this surety bond on behalf of the

[[Page 174]]

Principal and Surety(ies) and that the wording of this surety bond is 
identical to the wording specified in 40 CFR 261.151(k), as such 
regulations were constituted on the date this bond was executed.

                                PRINCIPAL

[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate Seal]

                          CORPORATE SURETY[IES]

[Name and address]
 State of incorporation:________________________________________________
 Liability Limit: $_____________________________________________________
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other 
information in the same manner as for Surety above.]
 Bond premium: $________________________________________________________
    (l)(1) A trust agreement, as specified in Sec. 261.147(j) of this 
chapter, must be worded as follows, except that instructions in brackets 
are to be replaced with the relevant information and the brackets 
deleted:

                             Trust Agreement

    Trust Agreement, the ``Agreement,'' entered into as of [date] by and 
between [name of the owner or operator] a [name of State] [insert 
``corporation,'' ``partnership,'' ``association,'' or 
``proprietorship''], the ``Grantor,'' and [name of corporate trustee], 
[insert, ``incorporated in the State of --------'' or ``a national 
bank''], the ``trustee.''
    Whereas, the United States Environmental Protection Agency, ``EPA,'' 
an agency of the United States Government, has established certain 
regulations applicable to the Grantor, requiring that an owner or 
operator must demonstrate financial responsibility for bodily injury and 
property damage to third parties caused by sudden accidental and/or 
nonsudden accidental occurrences arising from operations of the facility 
or group of facilities.
    Whereas, the Grantor has elected to establish a trust to assure all 
or part of such financial responsibility for the facilities identified 
herein.
    Whereas, the Grantor, acting through its duly authorized officers, 
has selected the Trustee to be the trustee under this agreement, and the 
Trustee is willing to act as trustee.
    Now, therefore, the Grantor and the Trustee agree as follows:
    Section 1. Definitions. As used in this Agreement:
    (a) The term ``Grantor'' means the owner or operator who enters into 
this Agreement and any successors or assigns of the Grantor.
    (b) The term ``Trustee'' means the Trustee who enters into this 
Agreement and any successor Trustee.
    Section 2. Identification of Facilities. This agreement pertains to 
the facilities identified on attached schedule A [on schedule A, for 
each facility list the EPA Identification Number (if any issued), name, 
and address of the facility(ies) and the amount of liability coverage, 
or portions thereof, if more than one instrument affords combined 
coverage as demonstrated by this Agreement].
    Section 3. Establishment of Fund. The Grantor and the Trustee hereby 
establish a trust fund, hereinafter the ``Fund,'' for the benefit of any 
and all third parties injured or damaged by [sudden and/or nonsudden] 
accidental occurrences arising from operation of the facility(ies) 
covered by this guarantee, in the amounts of ---------[up to $1 million] 
per occurrence and [up to $2 million] annual aggregate for sudden 
accidental occurrences and -------- [up to $3 million] per occurrence 
and ---------[up to $6 million] annual aggregate for nonsudden 
occurrences, except that the Fund is not established for the benefit of 
third parties for the following:
    (a) Bodily injury or property damage for which [insert Grantor] is 
obligated to pay damages by reason of the assumption of liability in a 
contract or agreement. This exclusion does not apply to liability for 
damages that [insert Grantor] would be obligated to pay in the absence 
of the contract or agreement.
    (b) Any obligation of [insert Grantor] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
any similar law.
    (c) Bodily injury to:
    (1) An employee of [insert Grantor] arising from, and in the course 
of, employment by [insert Grantor]; or
    (2) The spouse, child, parent, brother or sister of that employee as 
a consequence of, or arising from, and in the course of employment by 
[insert Grantor]. This exclusion applies:
    (A) Whether [insert Grantor] may be liable as an employer or in any 
other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert Grantor];

[[Page 175]]

    (2) Premises that are sold, given away or abandoned by [insert 
Grantor] if the property damage arises out of any part of those 
premises;
    (3) Property loaned to [insert Grantor];
    (4) Personal property in the care, custody or control of [insert 
Grantor];
    (5) That particular part of real property on which [insert Grantor] 
or any contractors or subcontractors working directly or indirectly on 
behalf of [insert Grantor] are performing operations, if the property 
damage arises out of these operations.
    In the event of combination with another mechanism for liability 
coverage, the Fund shall be considered [insert ``primary'' or 
``excess''] coverage.
    The Fund is established initially as consisting of the property, 
which is acceptable to the Trustee, described in Schedule B attached 
hereto. Such property and any other property subsequently transferred to 
the Trustee is referred to as the Fund, together with all earnings and 
profits thereon, less any payments or distributions made by the Trustee 
pursuant to this Agreement. The Fund shall be held by the Trustee, IN 
TRUST, as hereinafter provided. The Trustee shall not be responsible nor 
shall it undertake any responsibility for the amount or adequacy of, nor 
any duty to collect from the Grantor, any payments necessary to 
discharge any liabilities of the Grantor established by EPA.
    Section 4. Payment for Bodily Injury or Property Damage. The Trustee 
shall satisfy a third party liability claim by making payments from the 
Fund only upon receipt of one of the following documents;
    (a) Certification from the Grantor and the third party claimant(s) 
that the liability claim should be paid. The certification must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                      Certification of Valid Claim

    The undersigned, as parties [insert Grantor] and [insert name and 
address of third party claimant(s)], hereby certify that the claim of 
bodily injury and/or property damage caused by a [sudden or nonsudden] 
accidental occurrence arising from operating [Grantor's] facility or 
group of facilities should be paid in the amount of $[ ].

                              [Signatures]

                                 Grantor

                              [Signatures]

                               Claimant(s)

    (b) A valid final court order establishing a judgment against the 
Grantor for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Grantor's facility or group of facilities.
    Section 5. Payments Comprising the Fund. Payments made to the 
Trustee for the Fund shall consist of cash or securities acceptable to 
the Trustee.
    Section 6. Trustee Management. The Trustee shall invest and reinvest 
the principal and income, in accordance with general investment policies 
and guidelines which the Grantor may communicate in writing to the 
Trustee from time to time, subject, however, to the provisions of this 
section. In investing, reinvesting, exchanging, selling, and managing 
the Fund, the Trustee shall discharge his duties with respect to the 
trust fund solely in the interest of the beneficiary and with the care, 
skill, prudence, and diligence under the circumstance then prevailing 
which persons of prudence, acting in a like capacity and familiar with 
such matters, would use in the conduct of an enterprise of a like 
character and with like aims; except that:
    (i) Securities or other obligations of the Grantor, or any other 
owner or operator of the facilities, or any of their affiliates as 
defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 
80a-2.(a), shall not be acquired or held unless they are securities or 
other obligations of the Federal or a State government;
    (ii) The Trustee is authorized to invest the Fund in time or demand 
deposits of the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (iii) The Trustee is authorized to hold cash awaiting investment or 
distribution uninvested for a reasonable time and without liability for 
the payment of interest thereon.
    Section 7. Commingling and Investment. The Trustee is expressly 
authorized in its discretion:
    (a) To transfer from time to time any or all of the assets of the 
Fund to any common commingled, or collective trust fund created by the 
Trustee in which the fund is eligible to participate, subject to all of 
the provisions thereof, to be commingled with the assets of other trusts 
participating therein; and
    (b) To purchase shares in any investment company registered under 
the Investment Company Act of 1940, 15 U.S.C. 81a-1 et seq., including 
one which may be created, managed, underwritten, or to which investment 
advice is rendered or the shares of which are sold by the Trustee. The 
Trustee may vote such shares in its discretion.
    Section 8. Express Powers of Trustee. Without in any way limiting 
the powers and discretions conferred upon the Trustee by the other 
provisions of this Agreement or by law, the Trustee is expressly 
authorized and empowered:

[[Page 176]]

    (a) To sell, exchange, convey, transfer, or otherwise dispose of any 
property held by it, by public or private sale. No person dealing with 
the Trustee shall be bound to see to the application of the purchase 
money or to inquire into the validity or expediency of any such sale or 
other disposition;
    (b) To make, execute, acknowledge, and deliver any and all documents 
of transfer and conveyance and any and all other instruments that may be 
necessary or appropriate to carry out the powers herein granted;
    (c) To register any securities held in the Fund in its own name or 
in the name of a nominee and to hold any security in bearer form or in 
book entry, or to combine certificates representing such securities with 
certificates of the same issue held by the Trustee in other fiduciary 
capacities, or to deposit or arrange for the deposit of such securities 
in a qualified central depository even though, when so deposited, such 
securities may be merged and held in bulk in the name of the nominee of 
such depository with other securities deposited therein by another 
person, or to deposit or arrange for the deposit of any securities 
issued by the United States Government, or any agency or instrumentality 
thereof, with a Federal Reserve bank, but the books and records of the 
Trustee shall at all times show that all such securities are part of the 
Fund;
    (d) To deposit any cash in the Fund in interest-bearing accounts 
maintained or savings certificates issued by the Trustee, in its 
separate corporate capacity, or in any other banking institution 
affiliated with the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (e) To compromise or otherwise adjust all claims in favor of or 
against the Fund.
    Section 9. Taxes and Expenses. All taxes of any kind that may be 
assessed or levied against or in respect of the Fund and all brokerage 
commissions incurred by the Fund shall be paid from the Fund. All other 
expenses incurred by the Trustee in connection with the administration 
of this Trust, including fees for legal services rendered to the 
Trustee, the compensation of the Trustee to the extent not paid directly 
by the Grantor, and all other proper charges and disbursements of the 
Trustee shall be paid from the Fund.
    Section 10. Annual Valuations. The Trustee shall annually, at least 
30 days prior to the anniversary date of establishment of the Fund, 
furnish to the Grantor and to the appropriate EPA Regional Administrator 
a statement confirming the value of the Trust. Any securities in the 
Fund shall be valued at market value as of no more than 60 days prior to 
the anniversary date of establishment of the Fund. The failure of the 
Grantor to object in writing to the Trustee within 90 days after the 
statement has been furnished to the Grantor and the EPA Regional 
Administrator shall constitute a conclusively binding assent by the 
Grantor barring the Grantor from asserting any claim or liability 
against the Trustee with respect to matters disclosed in the statement.
    Section 11. Advice of Counsel. The Trustee may from time to time 
consult with counsel, who may be counsel to the Grantor with respect to 
any question arising as to the construction of this Agreement or any 
action to be taken hereunder. The Trustee shall be fully protected, to 
the extent permitted by law, in acting upon the advice of counsel.
    Section 12. Trustee Compensation. The Trustee shall be entitled to 
reasonable compensation for its services as agreed upon in writing from 
time to time with the Grantor.
    Section 13. Successor Trustee. The Trustee may resign or the Grantor 
may replace the Trustee, but such resignation or replacement shall not 
be effective until the Grantor has appointed a successor trustee and 
this successor accepts the appointment. The successor trustee shall have 
the same powers and duties as those conferred upon the Trustee 
hereunder. Upon the successor trustee's acceptance of the appointment, 
the Trustee shall assign, transfer, and pay over to the successor 
trustee the funds and properties then constituting the Fund. If for any 
reason the Grantor cannot or does not act in the event of the 
resignation of the Trustee, the Trustee may apply to a court of 
competent jurisdiction for the appointment of a successor trustee or for 
instructions. The successor trustee shall specify the date on which it 
assumes administration of the trust in a writing sent to the Grantor, 
the EPA Regional Administrator, and the present Trustee by certified 
mail 10 days before such change becomes effective. Any expenses incurred 
by the Trustee as a result of any of the acts contemplated by this 
section shall be paid as provided in Section 9.
    Section 14. Instructions to the Trustee. All orders, requests, and 
instructions by the Grantor to the Trustee shall be in writing, signed 
by such persons as are designated in the attached Exhibit A or such 
other designees as the Grantor may designate by amendments to Exhibit A. 
The Trustee shall be fully protected in acting without inquiry in 
accordance with the Grantor's orders, requests, and instructions. All 
orders, requests, and instructions by the EPA Regional Administrator to 
the Trustee shall be in writing, signed by the EPA Regional 
Administrators of the Regions in which the facilities are located, or 
their designees, and the Trustee shall act and shall be fully protected 
in acting in accordance with such orders, requests, and instructions. 
The Trustee shall have the right to assume, in the absence of written 
notice to the contrary, that no event constituting a change or a 
termination of the authority of any person to act on behalf of the 
Grantor or EPA hereunder

[[Page 177]]

has occurred. The Trustee shall have no duty to act in the absence of 
such orders, requests, and instructions from the Grantor and/or EPA, 
except as provided for herein.
    Section 15. Notice of Nonpayment. If a payment for bodily injury or 
property damage is made under Section 4 of this trust, the Trustee shall 
notify the Grantor of such payment and the amount(s) thereof within five 
(5) working days. The Grantor shall, on or before the anniversary date 
of the establishment of the Fund following such notice, either make 
payments to the Trustee in amounts sufficient to cause the trust to 
return to its value immediately prior to the payment of claims under 
Section 4, or shall provide written proof to the Trustee that other 
financial assurance for liability coverage has been obtained equaling 
the amount necessary to return the trust to its value prior to the 
payment of claims. If the Grantor does not either make payments to the 
Trustee or provide the Trustee with such proof, the Trustee shall within 
10 working days after the anniversary date of the establishment of the 
Fund provide a written notice of nonpayment to the EPA Regional 
Administrator.
    Section 16. Amendment of Agreement. This Agreement may be amended by 
an instrument in writing executed by the Grantor, the Trustee, and the 
appropriate EPA Regional Administrator, or by the Trustee and the 
appropriate EPA Regional Administrator if the Grantor ceases to exist.
    Section 17. Irrevocability and Termination. Subject to the right of 
the parties to amend this Agreement as provided in Section 16, this 
Trust shall be irrevocable and shall continue until terminated at the 
written agreement of the Grantor, the Trustee, and the EPA Regional 
Administrator, or by the Trustee and the EPA Regional Administrator, if 
the Grantor ceases to exist. Upon termination of the Trust, all 
remaining trust property, less final trust administration expenses, 
shall be delivered to the Grantor.
    The Regional Administrator will agree to termination of the Trust 
when the owner or operator substitutes alternate financial assurance as 
specified in this section.
    Section 18. Immunity and Indemnification. The Trustee shall not 
incur personal liability of any nature in connection with any act or 
omission, made in good faith, in the administration of this Trust, or in 
carrying out any directions by the Grantor or the EPA Regional 
Administrator issued in accordance with this Agreement. The Trustee 
shall be indemnified and saved harmless by the Grantor or from the Trust 
Fund, or both, from and against any personal liability to which the 
Trustee may be subjected by reason of any act or conduct in its official 
capacity, including all expenses reasonably incurred in its defense in 
the event the Grantor fails to provide such defense.
    Section 19. Choice of Law. This Agreement shall be administered, 
construed, and enforced according to the laws of the State of [enter 
name of State].
    Section 20. Interpretation. As used in this Agreement, words in the 
singular include the plural and words in the plural include the 
singular. The descriptive headings for each section of this Agreement 
shall not affect the interpretation or the legal efficacy of this 
Agreement.
    In Witness Whereof the parties have caused this Agreement to be 
executed by their respective officers duly authorized and their 
corporate seals to be hereunto affixed and attested as of the date first 
above written. The parties below certify that the wording of this 
Agreement is identical to the wording specified in 40 CFR 261.151(l) as 
such regulations were constituted on the date first above written.

                         [Signature of Grantor]

                                 [Title]

Attest:

                                 [Title]

                                 [Seal]

                         [Signature of Trustee]

Attest:

                                 [Title]

                                 [Seal]

    (2) The following is an example of the certification of 
acknowledgement which must accompany the trust agreement for a trust 
fund as specified in Sec. 261.147(j) of this chapter. State requirements 
may differ on the proper
 State of_______________________________________________________________

 County of______________________________________________________________

    On this [date], before me personally came [owner or operator] to me 
known, who, being by me duly sworn, did depose and say that she/he 
resides at [address], that she/he is [title] of [corporation], the 
corporation described in and which executed the above instrument; that 
she/he knows the seal of said corporation; that the seal affixed to such 
instrument is such corporate seal; that it was so affixed by order of 
the Board of Directors of said corporation, and that she/he signed her/ 
his name thereto by like order.

                      [Signature of Notary Public]

    (m)(1) A standby trust agreement, as specified in Sec. 261.147(h) 
of this chapter, must be worded as follows, except that instructions in 
brackets are to be replaced with the relevant information and the 
brackets deleted:

[[Page 178]]

                         Standby Trust Agreement

    Trust Agreement, the ``Agreement,'' entered into as of [date] by and 
between [name of the owner or operator] a [name of a State] [insert 
``corporation,'' ``partnership,'' ``association,'' or 
``proprietorship''], the ``Grantor,'' and [name of corporate trustee], 
[insert, ``incorporated in the State of ----------------'' or ``a 
national bank''], the ``trustee.''
    Whereas the United States Environmental Protection Agency, ``EPA,'' 
an agency of the United States Government, has established certain 
regulations applicable to the Grantor, requiring that an owner or 
operator must demonstrate financial responsibility for bodily injury and 
property damage to third parties caused by sudden accidental and/or 
nonsudden accidental occurrences arising from operations of the facility 
or group of facilities.
    Whereas, the Grantor has elected to establish a standby trust into 
which the proceeds from a letter of credit may be deposited to assure 
all or part of such financial responsibility for the facilities 
identified herein.
    Whereas, the Grantor, acting through its duly authorized officers, 
has selected the Trustee to be the trustee under this agreement, and the 
Trustee is willing to act as trustee.
    Now, therefore, the Grantor and the Trustee agree as follows:
    Section 1. Definitions. As used in this Agreement:
    (a) The term Grantor means the owner or operator who enters into 
this Agreement and any successors or assigns of the Grantor.
    (b) The term Trustee means the Trustee who enters into this 
Agreement and any successor Trustee.
    Section 2. Identification of Facilities. This Agreement pertains to 
the facilities identified on attached schedule A [on schedule A, for 
each facility list the EPA Identification Number (if any issued), name, 
and address of the facility(ies) and the amount of liability coverage, 
or portions thereof, if more than one instrument affords combined 
coverage as demonstrated by this Agreement].
    Section 3. Establishment of Fund. The Grantor and the Trustee hereby 
establish a standby trust fund, hereafter the ``Fund,'' for the benefit 
of any and all third parties injured or damaged by [sudden and/or 
nonsudden] accidental occurrences arising from operation of the 
facility(ies) covered by this guarantee, in the amounts of ---------[up 
to $1 million] per occurrence and ---------[up to $2 million] annual 
aggregate for sudden accidental occurrences and ---------[up to $3 
million] per occurrence and ---------[up to $6 million] annual aggregate 
for nonsudden occurrences, except that the Fund is not established for 
the benefit of third parties for the following:
    (a) Bodily injury or property damage for which [insert Grantor] is 
obligated to pay damages by reason of the assumption of liability in a 
contract or agreement. This exclusion does not apply to liability for 
damages that [insert Grantor] would be obligated to pay in the absence 
of the contract or agreement.
    (b) Any obligation of [insert Grantor] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
any similar law.
    (c) Bodily injury to:
    (1) An employee of [insert Grantor] arising from, and in the course 
of, employment by [insert Grantor]; or
    (2) The spouse, child, parent, brother or sister of that employee as 
a consequence of, or arising from, and in the course of employment by 
[insert Grantor].
    This exclusion applies:
    (A) Whether [insert Grantor] may be liable as an employer or in any 
other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert Grantor];
    (2) Premises that are sold, given away or abandoned by [insert 
Grantor] if the property damage arises out of any part of those 
premises;
    (3) Property loaned by [insert Grantor];
    (4) Personal property in the care, custody or control of [insert 
Grantor];
    (5) That particular part of real property on which [insert Grantor] 
or any contractors or subcontractors working directly or indirectly on 
behalf of [insert Grantor] are performing operations, if the property 
damage arises out of these operations.
    In the event of combination with another mechanism for liability 
coverage, the Fund shall be considered [insert ``primary'' or 
``excess''] coverage.
    The Fund is established initially as consisting of the proceeds of 
the letter of credit deposited into the Fund. Such proceeds and any 
other property subsequently transferred to the Trustee is referred to as 
the Fund, together with all earnings and profits thereon, less any 
payments or distributions made by the Trustee pursuant to this 
Agreement. The Fund shall be held by the Trustee, IN TRUST, as 
hereinafter provided. The Trustee shall not be responsible nor shall it 
undertake any responsibility for the amount or adequacy of, nor any duty 
to collect from the Grantor, any payments necessary to discharge any 
liabilities of the Grantor established by EPA.

[[Page 179]]

    Section 4. Payment for Bodily Injury or Property Damage. The Trustee 
shall satisfy a third party liability claim by drawing on the letter of 
credit described in Schedule B and by making payments from the Fund only 
upon receipt of one of the following documents:
    (a) Certification from the Grantor and the third party claimant(s) 
that the liability claim should be paid. The certification must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                      Certification of Valid Claim

    The undersigned, as parties [insert Grantor] and [insert name and 
address of third party claimant(s)], hereby certify that the claim of 
bodily injury and/or property damage caused by a [sudden or nonsudden] 
accidental occurrence arising from operating [Grantor's] facility should 
be paid in the amount of $[ ]
 [Signature]____________________________________________________________

 Grantor________________________________________________________________

 [Signatures]___________________________________________________________

 Claimant(s)____________________________________________________________

    (b) A valid final court order establishing a judgment against the 
Grantor for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Grantor's facility or group of facilities.
    Section 5. Payments Comprising the Fund. Payments made to the 
Trustee for the Fund shall consist of the proceeds from the letter of 
credit drawn upon by the Trustee in accordance with the requirements of 
40 CFR 261.151(k) and Section 4 of this Agreement.
    Section 6. Trustee Management. The Trustee shall invest and reinvest 
the principal and income, in accordance with general investment policies 
and guidelines which the Grantor may communicate in writing to the 
Trustee from time to time, subject, however, to the provisions of this 
Section. In investing, reinvesting, exchanging, selling, and managing 
the Fund, the Trustee shall discharge his duties with respect to the 
trust fund solely in the interest of the beneficiary and with the care, 
skill, prudence, and diligence under the circumstances then prevailing 
which persons of prudence, acting in a like capacity and familiar with 
such matters, would use in the conduct of an enterprise of a like 
character and with like aims; except that:
    (i) Securities or other obligations of the Grantor, or any other 
owner or operator of the facilities, or any of their affiliates as 
defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 
80a-2(a), shall not be acquired or held, unless they are securities or 
other obligations of the Federal or a State government;
    (ii) The Trustee is authorized to invest the Fund in time or demand 
deposits of the Trustee, to the extent insured by an agency of the 
Federal or a State government; and
    (iii) The Trustee is authorized to hold cash awaiting investment or 
distribution uninvested for a reasonable time and without liability for 
the payment of interest thereon.
    Section 7. Commingling and Investment. The Trustee is expressly 
authorized in its discretion:
    (a) To transfer from time to time any or all of the assets of the 
Fund to any common, commingled, or collective trust fund created by the 
Trustee in which the Fund is eligible to participate, subject to all of 
the provisions thereof, to be commingled with the assets of other trusts 
participating therein; and
    (b) To purchase shares in any investment company registered under 
the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including 
one which may be created, managed, underwritten, or to which investment 
advice is rendered or the shares of which are sold by the Trustee. The 
Trustee may vote such shares in its discretion.
    Section 8. Express Powers of Trustee. Without in any way limiting 
the powers and discretions conferred upon the Trustee by the other 
provisions of this Agreement or by law, the Trustee is expressly 
authorized and empowered:
    (a) To sell, exchange, convey, transfer, or otherwise dispose of any 
property held by it, by public or private sale. No person dealing with 
the Trustee shall be bound to see to the application of the purchase 
money or to inquire into the validity or expediency of any such sale or 
other disposition;
    (b) To make, execute, acknowledge, and deliver any and all documents 
of transfer and conveyance and any and all other instruments that may be 
necessary or appropriate to carry out the powers herein granted;
    (c) To register any securities held in the Fund in its own name or 
in the name of a nominee and to hold any security in bearer form or in 
book entry, or to combine certificates representing such securities with 
certificates of the same issue held by the Trustee in other fiduciary 
capacities, or to deposit or arrange for the deposit of such securities 
in a qualified central depositary even though, when so deposited, such 
securities may be merged and held in bulk in the name of the nominee of 
such depositary with other securities deposited therein by another 
person, or to deposit or arrange for the deposit of any securities 
issued by the United States Government, or any agency or instrumentality 
thereof, with a Federal Reserve Bank, but the books and records of the 
Trustee shall at all times show that all such securities are part of the 
Fund;

[[Page 180]]

    (d) To deposit any cash in the Fund in interest-bearing accounts 
maintained or savings certificates issued by the Trustee, in its 
separate corporate capacity, or in any other banking institution 
affiliated with the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (e) To compromise or otherwise adjust all claims in favor of or 
against the Fund.
    Section 9. Taxes and Expenses. All taxes of any kind that may be 
assessed or levied against or in respect of the Fund and all brokerage 
commissions incurred by the Fund shall be paid from the Fund. All other 
expenses incurred by the Trustee in connection with the administration 
of this Trust, including fees for legal services rendered to the 
Trustee, the compensation of the Trustee to the extent not paid directly 
by the Grantor, and all other proper charges and disbursements to the 
Trustee shall be paid from the Fund.
    Section 10. Advice of Counsel. The Trustee may from time to time 
consult with counsel, who may be counsel to the Grantor, with respect to 
any question arising as to the construction of this Agreement or any 
action to be taken hereunder. The Trustee shall be fully protected, to 
the extent permitted by law, in acting upon the advice of counsel.
    Section 11. Trustee Compensation. The Trustee shall be entitled to 
reasonable compensation for its services as agreed upon in writing from 
time to time with the Grantor.
    Section 12. Successor Trustee. The Trustee may resign or the Grantor 
may replace the Trustee, but such resignation or replacement shall not 
be effective until the Grantor has appointed a successor trustee and 
this successor accepts the appointment. The successor trustee shall have 
the same powers and duties as those conferred upon the Trustee 
hereunder. Upon the successor trustee's acceptance of the appointment, 
the Trustee shall assign, transfer, and pay over to the successor 
trustee the funds and properties then constituting the Fund. If for any 
reason the Grantor cannot or does not act in the event of the 
resignation of the Trustee, the Trustee may apply to a court of 
competent jurisdiction for the appointment of a successor trustee or for 
instructions. The successor trustee shall specify the date on which it 
assumes administration of the trust in a writing sent to the Grantor, 
the EPA Regional Administrator and the present Trustee by certified mail 
10 days before such change becomes effective. Any expenses incurred by 
the Trustee as a result of any of the acts contemplated by this Section 
shall be paid as provided in Section 9.
    Section 13. Instructions to the Trustee. All orders, requests, 
certifications of valid claims, and instructions to the Trustee shall be 
in writing, signed by such persons as are designated in the attached 
Exhibit A or such other designees as the Grantor may designate by 
amendments to Exhibit A. The Trustee shall be fully protected in acting 
without inquiry in accordance with the Grantor's orders, requests, and 
instructions. The Trustee shall have the right to assume, in the absence 
of written notice to the contrary, that no event constituting a change 
or a termination of the authority of any person to act on behalf of the 
Grantor or the EPA Regional Administrator hereunder has occurred. The 
Trustee shall have no duty to act in the absence of such orders, 
requests, and instructions from the Grantor and/or EPA, except as 
provided for herein.
    Section 14. Amendment of Agreement. This Agreement may be amended by 
an instrument in writing executed by the Grantor, the Trustee, and the 
EPA Regional Administrator, or by the Trustee and the EPA Regional 
Administrator if the Grantor ceases to exist.
    Section 15. Irrevocability and Termination. Subject to the right of 
the parties to amend this Agreement as provided in Section 14, this 
Trust shall be irrevocable and shall continue until terminated at the 
written agreement of the Grantor, the Trustee, and the EPA Regional 
Administrator, or by the Trustee and the EPA Regional Administrator, if 
the Grantor ceases to exist. Upon termination of the Trust, all 
remaining trust property, less final trust administration expenses, 
shall be paid to the Grantor.
    The Regional Administrator will agree to termination of the Trust 
when the owner or operator substitutes alternative financial assurance 
as specified in this section.
    Section 16. Immunity and indemnification. The Trustee shall not 
incur personal liability of any nature in connection with any act or 
omission, made in good faith, in the administration of this Trust, or in 
carrying out any directions by the Grantor and the EPA Regional 
Administrator issued in accordance with this Agreement. The Trustee 
shall be indemnified and saved harmless by the Grantor or from the Trust 
Fund, or both, from and against any personal liability to which the 
Trustee may be subjected by reason of any act or conduct in its official 
capacity, including all expenses reasonably incurred in its defense in 
the event the Grantor fails to provide such defense.
    Section 17. Choice of Law. This Agreement shall be administered, 
construed, and enforced according to the laws of the State of [enter 
name of State].
    Section 18. Interpretation. As used in this Agreement, words in the 
singular include the plural and words in the plural include the 
singular. The descriptive headings for each Section of this Agreement 
shall not affect the interpretation of the legal efficacy of this 
Agreement.
    In Witness Whereof the parties have caused this Agreement to be 
executed by their respective officers duly authorized and their

[[Page 181]]

corporate seals to be hereunto affixed and attested as of the date first 
above written. The parties below certify that the wording of this 
Agreement is identical to the wording specified in 40 CFR 261.151(m) as 
such regulations were constituted on the date first above written.

                         [Signature of Grantor]

                                 [Title]

Attest:

                                 [Title]

                                 [Seal]

                         [Signature of Trustee]

Attest:

                                 [Title]

                                 [Seal]

    (2) The following is an example of the certification of 
acknowledgement which must accompany the trust agreement for a standby 
trust fund as specified in section 261.147(h) of this chapter. State 
requirements may differ on the proper content of this acknowledgement.

 State of_______________________________________________________________

 County of______________________________________________________________

    On this [date], before me personally came [owner or operator] to me 
known, who, being by me duly sworn, did depose and say that she/he 
resides at [address], that she/he is [title] of [corporation], the 
corporation described in and which executed the above instrument; that 
she/he knows the seal of said corporation; that the seal affixed to such 
instrument is such corporate seal; that it was so affixed by order of 
the Board of Directors of said corporation, and that she/he signed her/ 
his name thereto by like order.

                      [Signature of Notary Public]



      Sec. 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]



                 Sec. Appendix II to Part 261 [Reserved]



                Sec. Appendix III to Part 261 [Reserved]



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



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



      Sec. Appendix VI to Part 261 [Reserved for Etiologic Agents]



    Sec. 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.

[[Page 182]]

 
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.
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.

[[Page 183]]

 
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.
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.

[[Page 184]]

 
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
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

[[Page 185]]

 
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.
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

[[Page 186]]

 
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-
                                              .
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

[[Page 187]]

 
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.
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

[[Page 188]]

 
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...................  ...................................  .................  ...........
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]]-.

[[Page 189]]

 
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
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

[[Page 190]]

 
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.
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

[[Page 191]]

 
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
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  ...........

[[Page 192]]

 
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.
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%.

[[Page 193]]

 
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]



 Sec. 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:

[[Page 194]]

 
                                      (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.
                                      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.

[[Page 195]]

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

[[Page 196]]

 
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:
                                      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
                                       Materials Recovery and Waste
                                       Management Division, Office of
                                       Resource Conservation and
                                       Recovery, 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.
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.

[[Page 197]]

 
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.
                                           (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.

[[Page 198]]

 
                                           (B) Organics: Benzene, 0.87
                                            ppm; Benzo(a)anthracene,
                                            0.10 ppm; Benzo(a)pyrene,
                                            0.04 ppm; Benzo
                                            (b)fluoranthene, 0.16 ppm;
                                            Chlorobenzene, 152 ppm; o-
                                            Chlorophenol, 44 ppm;
                                            Chrysene, 15 ppm; 2, 4-D,
                                            107 ppm; DDE, 1.0 ppm;
                                            Dibenz(a,h)anthracene, 0.007
                                            ppm; 1, 4-Dichlorobenzene,
                                            265 ppm; 1, 1-
                                            Dichloroethylene, 1.3 ppm;
                                            trans-1,2-Dichloroethylene,
                                            37 ppm; Dichloromethane,
                                            0.23 ppm; 2,4-
                                            Dichlorophenol, 43 ppm;
                                            Hexachlorobenzene, 0.26 ppm;
                                            Indeno (1,2,3-cd) pyrene, 30
                                            ppm; Polychlorinated
                                            biphenyls, 12 ppm; 2,4,5-T,
                                            1 x 10\6\ ppm; 1,2,4,5-
                                            Tetrachlorobenzene, 56 ppm;
                                            Tetrachloroethylene, 3.4
                                            ppm; Trichloroethylene, 1.1
                                            ppm; 2,4,5-Trichlorophenol,
                                            21,000 ppm; 2,4,6-
                                            Trichlorophenol, 0.35 ppm.
                                           (C) Chlorinated dioxins and
                                            furans: 2,3,7,8-
                                            Tetrachlorodibenzo-p-dioxin
                                            equivalents, 4 x 10-7 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.

[[Page 199]]

 
                                      (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.
                                      (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.
BAE Systems, Inc,  Sealy, TX........  Filter Cake (EPA Hazardous Waste
                                       Number F019) generated at a
                                       maximum rate of 1,200 cubic yards
                                       per calendar year after April 15,
                                       2009.
                                      For the exclusion to be valid, BAE
                                       must implement a verification
                                       testing program that meets the
                                       following Paragraphs:
                                      (1) Delisting Levels: All
                                       concentrations for those
                                       constituents must not exceed the
                                       maximum allowable concentrations
                                       in mg/l specified in this
                                       paragraph.
                                      Filter Cake Leachable
                                       Concentrations (mg/l): Acetone--
                                       3211; Arsenic--0.052; Barium--
                                       100; Bis(2-ethylhexyl)phthalate--
                                       103; Cadmium--0.561; Chloroform--
                                       0.4924; Chromium--5.0; Copper--
                                       149; Cyanide--19; Furans--3.57;
                                       Hexavalent Chromium--5.0; Lead--
                                       3.57; Lindane--0.4; Methyl Ethyl
                                       Ketone--200; Nickel--82.2;
                                       Selenium--1.0; 2,4,5-TP (Silvex)--
                                       1.0; 2,4-D--6.65; Tin--9001;
                                       Tetrachlorodibenzo-p-dioxin--249;
                                       Tetrachloroethylene--0.125685;
                                       Zinc--1240.
                                      (2) Waste Holding and Handling:
                                      (A) Waste classification as non-
                                       hazardous can not begin until
                                       compliance with the limits set in
                                       paragraph (1) for filter cake has
                                       occurred for two consecutive
                                       quarterly sampling events.
                                      (B) If constituent levels in any
                                       sample taken by BAE exceed any of
                                       the delisting levels set in
                                       paragraph (1) for the filter
                                       cake, BAE must do the following:
                                      (i) notify EPA in accordance with
                                       paragraph (6) and
                                      (ii) manage and dispose the filter
                                       cake as hazardous waste generated
                                       under Subtitle C of RCRA.
                                      (3) Testing Requirements:
                                      Upon this exclusion becoming
                                       final, BAE may perform quarterly
                                       analytical testing by sampling
                                       and analyzing the filter cake as
                                       follows:
                                      (A) Quarterly Testing:
                                      (i) Collect two representative
                                       composite samples of the filter
                                       cake at quarterly intervals after
                                       EPA grants the final exclusion.
                                       The first composite samples may
                                       be taken at any time after EPA
                                       grants the final approval.
                                       Sampling must be performed in
                                       accordance with the sampling plan
                                       approved by EPA in support of the
                                       exclusion.

[[Page 200]]

 
                                      (ii) Analyze the samples for all
                                       constituents listed in paragraph
                                       (1). Any composite sample taken
                                       that exceeds the delisting levels
                                       listed in paragraph (1) for the
                                       filter cake must be disposed as
                                       hazardous waste in accordance
                                       with the applicable hazardous
                                       waste requirements.
                                      (iii) Within thirty (30) days
                                       after taking its first quarterly
                                       sample, BAE will report its first
                                       quarterly analytical test data to
                                       EPA. If levels of constituents
                                       measured in the samples of the
                                       filter cake do not exceed the
                                       levels set forth in paragraph (1)
                                       of this exclusion for two
                                       consecutive quarters, BAE can
                                       manage and dispose the non-
                                       hazardous filter cake according
                                       to all applicable solid waste
                                       regulations.
                                      (B) Annual Testing:
                                      (i) If BAE completes the quarterly
                                       testing specified in paragraph
                                       (3) above and no sample contains
                                       a constituent at a level which
                                       exceeds the limits set forth in
                                       paragraph (1), BAE may begin
                                       annual testing as follows: BAE
                                       must test two representative
                                       composite samples of the filter
                                       cake for all constituents listed
                                       in paragraph (1) at least once
                                       per calendar year.
                                      (ii) The samples for the annual
                                       testing shall be a representative
                                       composite sample 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. Methods must meet
                                       Performance Based Measurement
                                       System Criteria in which the Data
                                       Quality Objectives are to
                                       demonstrate that samples of the
                                       BAE filter cake are
                                       representative for all
                                       constituents listed in paragraph
                                       (1).
                                      (iii) The samples 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.
                                      (iv) The annual testing report
                                       should include the total amount
                                       of waste in cubic yards disposed
                                       during the calendar year.
                                      (4) Changes in Operating
                                       Conditions: If BAE 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 (by illustration, but
                                       not limitation, changes in
                                       equipment or operating conditions
                                       of the treatment process), it
                                       must notify EPA in writing and it
                                       may no longer handle the wastes
                                       generated from the new process as
                                       non-hazardous until the wastes
                                       meet the delisting levels set in
                                       paragraph (1) and it has received
                                       written approval to do so from
                                       EPA.
                                      BAE must submit a modification to
                                       the petition complete with full
                                       sampling and analysis for
                                       circumstances where the waste
                                       volume changes and/or additional
                                       waste codes are added to the
                                       waste stream.
                                      (5) Data Submittals:
                                      BAE must submit the information
                                       described below. If BAE 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). BAE must:
                                      (A) Submit the data obtained
                                       through paragraph (3) to the
                                       Chief, Corrective Action and
                                       Waste Minimization Section,
                                       Multimedia Planning and
                                       Permitting Division, U.S.
                                       Environmental Protection Agency
                                       Region 6, 1445 Ross Ave., Dallas,
                                       Texas 75202, within the time
                                       specified. All supporting data
                                       can be submitted on CD-ROM or
                                       some comparable electronic media.
                                      (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 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) Reopener

[[Page 201]]

 
                                      (A) If, anytime after disposal of
                                       the delisted waste BAE 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 Division Director in granting
                                       the petition, then the facility
                                       must report the data, in writing,
                                       to the Division Director 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),
                                       BAE must report the data, in
                                       writing, to the Division Director
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (C) If BAE 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
                                       Division Director will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires EPA 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 the Division Director
                                       determines that the reported
                                       information requires action by
                                       EPA, the Division Director will
                                       notify the facility in writing of
                                       the actions the Division Director
                                       believes are necessary to protect
                                       human health and the environment.
                                       The notice shall include a
                                       statement of the proposed action
                                       and a statement providing the
                                       facility with an opportunity to
                                       present information as to why the
                                       proposed EPA action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Division Director'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 Division
                                       Director will issue a final
                                       written determination describing
                                       EPA actions that are necessary to
                                       protect human health and/or the
                                       environment. Any required action
                                       described in the Division
                                       Director's determination shall
                                       become effective immediately,
                                       unless the Division Director
                                       provides otherwise.
                                      (7) Notification Requirements
                                      BAE Systems 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 possible revocation
                                       of the decision.
Bayer Material     Baytown, TX......  Toluene Diisocyanate (TDI) Residue
 Science LLC.                          (EPA Hazardous Waste No. K027)
                                       generated at a maximum rate of
                                       9,780 cubic yards per calendar
                                       year after March 12, 2009.
                                      For the exclusion to be valid,
                                       Bayer must implement a
                                       verification testing program that
                                       meets the following Paragraphs:
                                      (1) Delisting Levels:
                                      All concentrations for those
                                       constituents must not exceed the
                                       maximum allowable concentrations
                                       in mg/l specified in this
                                       paragraph.
                                      TDI Residue Leachable
                                       Concentrations (mg/l): Arsenic--
                                       0.10, Barium--36.0;
                                       Chloromethane--6.06; Chromium--
                                       2.27; Cobalt--13.6; Copper--25.9;
                                       Cyanide--3.08;
                                       Dichlorophenoxyacetic acid--1.08;
                                       Diethyl phthalate--1000.0;
                                       Endrin--0.02; Lead--0.702;
                                       Nickel--13.5; ortho-
                                       dichlorobenzene--9.72; Selenium--
                                       0.89; Tin--22.5; Vanadium--0.976;
                                       Zinc--197.0; 2,4-Toluenediamine--
                                       0.0459; Toluene Diisocyanate--
                                       0.039.
                                      (2) Waste Holding and Handling:
                                      (A) Bayer must manage the TDI
                                       residue in a manner to ensure
                                       that the residues are offloaded
                                       safely and opportunities for
                                       chemical self-reaction and
                                       expansion are minimized. The TDI
                                       residue must be handled to ensure
                                       that contact with water is
                                       minimized.
                                      (B) Waste classification as non-
                                       hazardous cannot begin until
                                       compliance with the limits set in
                                       paragraph (1) for the TDI residue
                                       has occurred for two consecutive
                                       quarterly sampling events and the
                                       reports have been approved by
                                       EPA.
                                      (C) If constituent levels in any
                                       sample taken by Bayer exceed any
                                       of the delisting levels set in
                                       paragraph (1) for the TDI
                                       residue, Bayer must do the
                                       following:
                                      (i) notify EPA in accordance with
                                       paragraph (6) and
                                      (ii) manage and dispose the TDI
                                       residue as hazardous waste
                                       generated under Subtitle C of
                                       RCRA.
                                      (3) Testing Requirements:
                                      Upon this exclusion becoming
                                       final, Bayer must perform
                                       quarterly analytical testing by
                                       sampling and analyzing the TDI
                                       residue as follows:
                                      (A) Quarterly Testing:
                                      (i) Collect two representative
                                       composite samples of the TDI
                                       residue at quarterly intervals
                                       after EPA grants the final
                                       exclusion. The first composite
                                       samples may be taken at any time
                                       after EPA grants the final
                                       approval. Sampling should be
                                       performed in accordance with the
                                       sampling plan approved by EPA in
                                       support of the exclusion.

[[Page 202]]

 
                                      (ii) Analyze the samples for all
                                       constituents listed in paragraph
                                       (1). Any composite sample taken
                                       that exceeds the delisting levels
                                       listed in paragraph (1) for the
                                       TDI residue must be disposed as
                                       hazardous waste in accordance
                                       with the applicable hazardous
                                       waste requirements.
                                      (iii) Within thirty (30) days
                                       after taking its first quarterly
                                       sample, Bayer will report its
                                       first quarterly analytical test
                                       data to EPA. If levels of
                                       constituents measured in the
                                       samples of the TDI residue do not
                                       exceed the levels set forth in
                                       paragraph (1) of this exclusion
                                       for two consecutive quarters,
                                       Bayer can manage and dispose the
                                       non-hazardous TDI residue
                                       according to all applicable solid
                                       waste regulations.
                                      (B) Annual Testing:
                                      (i) If Bayer completes the
                                       quarterly testing specified in
                                       paragraph (3) above and no sample
                                       contains a constituent at a level
                                       which exceeds the limits set
                                       forth in paragraph (1), Bayer can
                                       begin annual testing as follows:
                                       Bayer must test two
                                       representative composite samples
                                       of the TDI residue for all
                                       constituents listed in paragraph
                                       (1) at least once per calendar
                                       year.
                                      (ii) The samples for the annual
                                       testing shall be a representative
                                       composite sample 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. Methods must meet
                                       Performance Based Measurement
                                       System Criteria in which the Data
                                       Quality Objectives are to
                                       demonstrate that samples of the
                                       Bayer spent carbon are
                                       representative for all
                                       constituents listed in paragraph
                                       (1).
                                      (iii) The samples 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.
                                      (iv) The annual testing report
                                       must include the total amount of
                                       waste in cubic yards disposed
                                       during the calendar year.
                                      (4) Changes in Operating
                                       Conditions:
                                      If Bayer significantly changes the
                                       process described in its petition
                                       or starts any process that
                                       generates the waste that may or
                                       could affect the composition or
                                       type of waste generated (by
                                       illustration, but not limitation,
                                       changes in equipment or operating
                                       conditions of the treatment
                                       process), it must notify EPA in
                                       writing and it may no longer
                                       handle the wastes generated from
                                       the new process as non-hazardous
                                       until the wastes meet the
                                       delisting levels set in paragraph
                                       (1) and it has received written
                                       approval to do so from EPA.
                                      Bayer must submit a modification
                                       to the petition complete with
                                       full sampling and analysis for
                                       circumstances where the waste
                                       volume changes and/or additional
                                       waste codes are added to the
                                       waste stream.
                                      (5) Data Submittals:
                                      Bayer must submit the information
                                       described below. If Bayer 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). Bayer must:
                                      (A) Submit the data obtained
                                       through paragraph 3 to the Chief,
                                       Corrective Action and Waste
                                       Minimization Section, Multimedia
                                       Planning and Permitting Division,
                                       U.S. Environmental Protection
                                       Agency Region 6, 1445 Ross Ave.,
                                       Dallas, Texas 75202, within the
                                       time specified. All supporting
                                       data can be submitted on CD-ROM
                                       or some comparable electronic
                                       media.
                                      (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 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) Reopener:

[[Page 203]]

 
                                      (A) If, anytime after disposal of
                                       the delisted waste Bayer
                                       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 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,
                                       Bayer must report the data, in
                                       writing, to EPA within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (C) If Bayer 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
                                      Bayer 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.
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:

[[Page 204]]

 
                                      (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:
                                      (A) If