[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2011 Edition]
[From the U.S. Government Printing Office]
[[Page 1]]
Title 40
Protection of Environment
________________________
Parts 260 to 265
Revised as of July 1, 2011
Containing a codification of documents of general
applicability and future effect
As of July 1, 2011
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency
(Continued) 3
Finding Aids:
Table of CFR Titles and Chapters........................ 781
Alphabetical List of Agencies Appearing in the CFR...... 801
List of CFR Sections Affected........................... 811
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 260.1 refers
to title 40, part 260,
section 1.
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[[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
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To determine whether a Code volume has been amended since its
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
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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
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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
April 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 April 1, 2001, a ``List of CFR
Sections Affected'' is published at the end of each CFR volume.
``[RESERVED]'' TERMINOLOGY
The term ``[Reserved]'' is used as a place holder within the Code of
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INCORPORATION BY REFERENCE
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This material, like any other properly issued regulation, has the force
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What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
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approval is based are:
(a) The incorporation will substantially reduce the volume of
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(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
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CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
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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.
[[Page vii]]
The Federal Register Index is issued monthly in cumulative form.
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the revision dates of the 50 CFR titles.
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Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 2011.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of thirty-three
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 87-95, parts 96-99, 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, 2011.
Chapter I--Environmental Protection Agency appears in all thirty-
three 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)
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Part
chapter i--Environmental Protection Agency (Continued)...... 260
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
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Editorial Note: Nomenclature changes to chapter I appear at 65 FR
47324, 47325, Aug. 2, 2000, and 66 FR 34375, 34376, June 28, 2001.
SUBCHAPTER I--SOLID WASTES (CONTINUED)
Part Page
260 Hazardous waste management system: General.. 5
261 Identification and listing of hazardous
waste................................... 29
262 Standards applicable to generators of
hazardous waste......................... 271
263 Standards applicable to transporters of
hazardous waste......................... 330
264 Standards for owners and operators of
hazardous waste treatment, storage, and
disposal facilities..................... 334
265 Interim status standards for owners and
operators of hazardous waste treatment,
storage, and disposal facilities........ 582
[[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).
Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935,
6937, 6938, 6939, and 6974.
Source: 45 FR 33073, May 19, 1980, unless otherwise noted.
Effective Date Note: The reporting or recordkeeping provisions
included in the final rule published at 47 FR 32274, July 26, 1982, will
be submitted for approval to the Office of Management and Budget (OMB),
and will not become effective until OMB approval has been obtained. EPA
will publish a notice of the effective date of the reporting and
recordkeeping provisions of this rule after it obtains OMB approval.
Subpart A_General
Sec. 260.1 Purpose, scope, and applicability.
(a) This part provides definitions of terms, general standards, and
overview information applicable to parts 260 through 265 and 268 of this
chapter.
(b) In this part: (1) Section 260.2 sets forth the rules that EPA
will use in making information it receives available to the public and
sets forth the requirements that generators, transporters, or owners or
operators of treatment, storage, or disposal facilities must follow to
assert claims of business confidentiality with respect to information
that is submitted to EPA under parts 260 through 265 and 268 of this
chapter.
(2) Section 260.3 establishes rules of grammatical construction for
parts 260 through 265 and 268 of this chapter.
(3) Section 260.10 defines terms which are used in parts 260 through
265 and 268 of this chapter.
(4) Section 260.20 establishes procedures for petitioning EPA to
amend, modify, or revoke any provision of parts 260 through 265 and 268
of this chapter and establishes procedures governing EPA's action on
such petitions.
(5) Section 260.21 establishes procedures for petitioning EPA to
approve testing methods as equivalent to those prescribed in parts 261,
264, or 265 of this chapter.
(6) Section 260.22 establishes procedures for petitioning EPA to
amend subpart D of part 261 to exclude a waste from a particular
facility.
[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986]
Sec. 260.2 Availability of information; confidentiality of information.
(a) Any information provided to EPA under parts 260 through 265 and
268 of this chapter will be made available to the public to the extent
and in the manner authorized by the Freedom of Information Act, 5 U.S.C.
section 552,
[[Page 6]]
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. Sec. 262.53(a)
and 262.83 that is submitted in a notification of intent to export a
hazardous waste will be provided to the U.S. Department of State and the
appropriate authorities in the transit and receiving or importing
countries regardless of any claims of confidentiality. However, if no
such claim accompanies the information when it is received by EPA, it
may be made available to the public without further notice to the person
submitting it.
[45 FR 33073, May 19, 1980, as amended at 51 FR 28682, Aug. 8, 1986; 51
FR 40636, Nov. 7, 1986; 61 FR 16309, Apr. 12, 1996]
Sec. 260.3 Use of number and gender.
As used in parts 260 through 265 and 268 of this chapter:
(a) Words in the masculine gender also include the feminine and
neuter genders; and
(b) Words in the singular include the plural; and
(c) Words in the plural include the singular.
[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986]
Subpart B_Definitions
Sec. 260.10 Definitions.
When used in parts 260 through 273 of this chapter, the following
terms have the meanings given below:
Above ground tank means a device meeting the definition of ``tank''
in Sec. 260.10 and that is situated in such a way that the entire
surface area of the tank is completely above the plane of the adjacent
surrounding surface and the entire surface area of the tank (including
the tank bottom) is able to be visually inspected.
Act or RCRA means the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C.
section 6901 et seq.
Active life of a facility means the period from the initial receipt
of hazardous waste at the facility until the Regional Administrator
receives certification of final closure.
Active portion means that portion of a facility where treatment,
storage, or disposal operations are being or have been conducted after
the effective date of part 261 of this chapter and which is not a closed
portion. (See also ``closed portion'' and ``inactive portion''.)
Administrator means the Administrator of the Environmental
Protection Agency, or his designee.
Ancillary equipment means any device including, but not limited to,
such devices as piping, fittings, flanges, valves, and pumps, that is
used to distribute, meter, or control the flow of hazardous waste from
its point of generation to a storage or treatment tank(s), between
hazardous waste storage and treatment tanks to a point of disposal
onsite, or to a point of shipment for disposal off-site.
Aquifer means a geologic formation, group of formations, or part of
a formation capable of yielding a significant amount of ground water to
wells or springs.
Authorized representative means the person responsible for the
overall operation of a facility or an operational unit (i.e., part of a
facility), e.g., the plant manager, superintendent or person of
equivalent responsibility.
Battery means a device consisting of one or more electrically
connected electrochemical cells which is designed to receive, store, and
deliver electric energy. An electrochemical cell is a system consisting
of an anode, cathode, and an electrolyte, plus such connections
(electrical and mechanical) as may be needed to allow the cell to
deliver or receive electrical energy. The term battery also includes an
intact, unbroken battery from which the electrolyte has been removed.
[[Page 7]]
Boiler means an enclosed device using controlled flame combustion
and having the following characteristics:
(1)(i) The unit must have physical provisions for recovering and
exporting thermal energy in the form of steam, heated fluids, or heated
gases; and
(ii) The unit's combustion chamber and primary energy recovery
sections(s) must be of integral design. To be of integral design, the
combustion chamber and the primary energy recovery section(s) (such as
waterwalls and superheaters) must be physically formed into one
manufactured or assembled unit. A unit in which the combustion chamber
and the primary energy recovery section(s) are joined only by ducts or
connections carrying flue gas is not integrally designed; however,
secondary energy recovery equipment (such as economizers or air
preheaters) need not be physically formed into the same unit as the
combustion chamber and the primary energy recovery section. The
following units are not precluded from being boilers solely because they
are not of integral design: process heaters (units that transfer energy
directly to a process stream), and fluidized bed combustion units; and
(iii) While in operation, the unit must maintain a thermal energy
recovery efficiency of at least 60 percent, calculated in terms of the
recovered energy compared with the thermal value of the fuel; and
(iv) The unit must export and utilize at least 75 percent of the
recovered energy, calculated on an annual basis. In this calculation, no
credit shall be given for recovered heat used internally in the same
unit. (Examples of internal use are the preheating of fuel or combustion
air, and the driving of induced or forced draft fans or feedwater
pumps); or
(2) The unit is one which the Regional Administrator has determined,
on a case-by-case basis, to be a boiler, after considering the standards
in Sec. 260.32.
Carbon regeneration unit means any enclosed thermal treatment device
used to regenerate spent activated carbon.
Cathode ray tube or CRT means a vacuum tube, composed primarily of
glass, which is the visual or video display component of an electronic
device. A used, intact CRT means a CRT whose vacuum has not been
released. A used, broken CRT means glass removed from its housing or
casing whose vacuum has been released.
Certification means a statement of professional opinion based upon
knowledge and belief.
Closed portion means that portion of a facility which an owner or
operator has closed in accordance with the approved facility closure
plan and all applicable closure requirements. (See also ``active
portion'' and ``inactive portion''.)
Component means either the tank or ancillary equipment of a tank
system.
Confined aquifer means an aquifer bounded above and below by
impermeable beds or by beds of distinctly lower permeability than that
of the aquifer itself; an aquifer containing confined ground water.
Container means any portable device in which a material is stored,
transported, treated, disposed of, or otherwise handled.
Containment building means a hazardous waste management unit that is
used to store or treat hazardous waste under the provisions of subpart
DD of parts 264 or 265 of this chapter.
Contingency plan means a document setting out an organized, planned,
and coordinated course of action to be followed in case of a fire,
explosion, or release of hazardous waste or hazardous waste constituents
which could threaten human health or the environment.
Corrosion expert means a person who, by reason of his knowledge of
the physical sciences and the principles of engineering and mathematics,
acquired by a professional education and related practical experience,
is qualified to engage in the practice of corrosion control on buried or
submerged metal piping systems and metal tanks. Such a person must be
certified as being qualified by the National Association of Corrosion
Engineers (NACE) or be a registered professional engineer who has
certification or licensing that includes education and experience in
corrosion control on buried or submerged metal piping systems and metal
tanks.
CRT collector means a person who receives used, intact CRTs for
recycling, repair, resale, or donation.
[[Page 8]]
CRT glass manufacturer means an operation or part of an operation
that uses a furnace to manufacture CRT glass.
CRT processing means conducting all of the following activities:
(1) Receiving broken or intact CRTs; and
(2) Intentionally breaking intact CRTs or further breaking or
separating broken CRTs; and
(3) Sorting or otherwise managing glass removed from CRT monitors.
Designated facility means:
(1) A hazardous waste treatment, storage, or disposal facility
which:
(i) Has received a permit (or interim status) in accordance with the
requirements of parts 270 and 124 of this chapter;
(ii) Has received a permit (or interim status) from a State
authorized in accordance with part 271 of this chapter; or
(iii) Is regulated under Sec. 261.6(c)(2) or subpart F of part 266
of this chapter; and
(iv) That has been designated on the manifest by the generator
pursuant to Sec. 262.20.
(2) Designated facility also means a generator site designated on
the manifest to receive its waste as a return shipment from a facility
that has rejected the waste in accordance with Sec. 264.72(f) or Sec.
265.72(f) of this chapter.
(3) If a waste is destined to a facility in an authorized State
which has not yet obtained authorization to regulate that particular
waste as hazardous, then the designated facility must be a facility
allowed by the receiving State to accept such waste.
Destination facility means a facility that treats, disposes of, or
recycles a particular category of universal waste, except those
management activities described in paragraphs (a) and (c) of Sec. Sec.
273.13 and 273.33 of this chapter. A facility at which a particular
category of universal waste is only accumulated, is not a destination
facility for purposes of managing that category of universal waste.
Dike means an embankment or ridge of either natural or man-made
materials used to prevent the movement of liquids, sludges, solids, or
other materials.
Dioxins and furans (D/F) means tetra, penta, hexa, hepta, and octa-
chlorinated dibenzo dioxins and furans.
Discharge or hazardous waste discharge means the accidental or
intentional spilling, leaking, pumping, pouring, emitting, emptying, or
dumping of hazardous waste into or on any land or water.
Disposal means the discharge, deposit, injection, dumping, spilling,
leaking, or placing of any solid waste or hazardous waste into or on any
land or water so that such solid waste or hazardous waste or any
constituent thereof may enter the environment or be emitted into the air
or discharged into any waters, including ground waters.
Disposal facility means a facility or part of a facility at which
hazardous waste is intentionally placed into or on any land or water,
and at which waste will remain after closure. The term disposal facility
does not include a corrective action management unit into which
remediation wastes are placed.
Drip pad is an engineered structure consisting of a curbed, free-
draining base, constructed of non-earthen materials and designed to
convey preservative kick-back or drippage from treated wood,
precipitation, and surface water run-on to an associated collection
system at wood preserving plants.
Elementary neutralization unit means a device which:
(1) Is used for neutralizing wastes that are hazardous only because
they exhibit the corrosivity characteristic defined in Sec. 261.22 of
this chapter, or they are listed in subpart D of part 261 of the chapter
only for this reason; and
(2) Meets the definition of tank, tank system, container, transport
vehicle, or vessel in Sec. 260.10 of this chapter.
EPA hazardous waste number means the number assigned by EPA to each
hazardous waste listed in part 261, subpart D, of this chapter and to
each characteristic identified in part 261, subpart C, of this chapter.
EPA identification number means the number assigned by EPA to each
generator, transporter, and treatment, storage, or disposal facility.
EPA region means the states and territories found in any one of the
following ten regions:
[[Page 9]]
Region I--Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and
Rhode Island.
Region II--New York, New Jersey, Commonwealth of Puerto Rico, and the
U.S. Virgin Islands.
Region III--Pennsylvania, Delaware, Maryland, West Virginia, Virginia,
and the District of Columbia.
Region IV--Kentucky, Tennessee, North Carolina, Mississippi, Alabama,
Georgia, South Carolina, and Florida.
Region V--Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio.
Region VI--New Mexico, Oklahoma, Arkansas, Louisiana, and Texas.
Region VII--Nebraska, Kansas, Missouri, and Iowa.
Region VIII--Montana, Wyoming, North Dakota, South Dakota, Utah, and
Colorado.
Region IX--California, Nevada, Arizona, Hawaii, Guam, American Samoa,
Commonwealth of the Northern Mariana Islands.
Region X--Washington, Oregon, Idaho, and Alaska.
Equivalent method means any testing or analytical method approved by
the Administrator under Sec. Sec. 260.20 and 260.21.
Existing hazardous waste management (HWM) facility or existing
facility means a facility which was in operation or for which
construction commenced on or before November 19, 1980. A facility has
commenced construction if:
(1) The owner or operator has obtained the Federal, State and local
approvals or permits necessary to begin physical construction; and
either
(2)(i) A continuous on-site, physical construction program has
begun; or
(ii) The owner or operator has entered into contractual
obligations--which cannot be cancelled or modified without substantial
loss--for physical construction of the facility to be completed within a
reasonable time.
Existing portion means that land surface area of an existing waste
management unit, included in the original Part A permit application, on
which wastes have been placed prior to the issuance of a permit.
Existing tank system or existing component means a tank system or
component that is used for the storage or treatment of hazardous waste
and that is in operation, or for which installation has commenced on or
prior to July 14, 1986. Installation will be considered to have
commenced if the owner or operator has obtained all Federal, State, and
local approvals or permits necessary to begin physical construction of
the site or installation of the tank system and if either (1) a
continuous on-site physical construction or installation program has
begun, or (2) the owner or operator has entered into contractual
obligations--which cannot be canceled or modified without substantial
loss--for physical construction of the site or installation of the tank
system to be completed within a reasonable time.
Explosives or munitions emergency means a situation involving the
suspected or detected presence of unexploded ordnance (UXO), damaged or
deteriorated explosives or munitions, an improvised explosive device
(IED), other potentially explosive material or device, or other
potentially harmful military chemical munitions or device, that creates
an actual or potential imminent threat to human health, including
safety, or the environment, including property, as determined by an
explosives or munitions emergency response specialist. Such situations
may require immediate and expeditious action by an explosives or
munitions emergency response specialist to control, mitigate, or
eliminate the threat.
Explosives or munitions emergency response means all immediate
response activities by an explosives and munitions emergency response
specialist to control, mitigate, or eliminate the actual or potential
threat encountered during an explosives or munitions emergency. An
explosives or munitions emergency response may include in-place render-
safe procedures, treatment or destruction of the explosives or munitions
and/or transporting those items to another location to be rendered safe,
treated, or destroyed. Any reasonable delay in the completion of an
explosives or munitions emergency response caused by a necessary,
unforeseen, or uncontrollable circumstance will not terminate the
explosives or munitions emergency. Explosives and munitions emergency
responses can occur on either public or private lands and are not
limited to responses at RCRA facilities.
Explosives or munitions emergency response specialist means an
individual trained in chemical or conventional
[[Page 10]]
munitions or explosives handling, transportation, render-safe
procedures, or destruction techniques. Explosives or munitions emergency
response specialists include Department of Defense (DOD) emergency
explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-
certified civilian or contractor personnel; and other Federal, State, or
local government, or civilian personnel similarly trained in explosives
or munitions emergency responses.
Facility means:
(1) All contiguous land, and structures, other appurtenances, and
improvements on the land, used for treating, storing, or disposing of
hazardous waste, 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 facility and the reclaiming facility are
controlled by a person as defined in Sec. 260.10, and if the generator
provides
[[Page 11]]
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:
(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
[[Page 12]]
(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 engineering,
acquired by a professional education and related practical experience,
is qualified to supervise the installation of tank systems.
[[Page 13]]
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. Department of Energy (DOE), and National Guard
personnel. The term military munitions includes: confined gaseous,
liquid, and solid propellants, explosives, pyrotechnics, chemical and
[[Page 14]]
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 November 19, 1980. (See also ``Existing hazardous waste management
facility''.)
New tank system or new tank component means a tank system or
component that will be used for the storage or treatment of hazardous
waste and for which installation has commenced after July 14, 1986;
except, however, for purposes of Sec. 264.193(g)(2) and Sec.
265.193(g)(2), a new tank system is one for which construction commences
after July 14, 1986. (See also ``existing tank system.'')
On ground tank means a device meeting the definition of ``tank'' in
Sec. 260.10 and that is situated in such a way that the bottom of the
tank is on the same level as the adjacent surrounding surface so that
the external tank bottom cannot be visually inspected.
On-site means the same or geographically contiguous property which
may be divided by public or private right-of-way, provided the entrance
and exit between the properties is at a cross-roads intersection, and
access is by crossing as opposed to going along, the right-of-way. Non-
contiguous properties owned by the same person but connected by a right-
of-way which he controls and to which the public does not have access,
is also considered on-site property.
Open burning means the combustion of any material without the
following characteristics:
(1) Control of combustion air to maintain adequate temperature for
efficient combustion,
(2) Containment of the combustion-reaction in an enclosed device to
provide sufficient residence time and mixing for complete combustion,
and
(3) Control of emission of the gaseous combustion products.
(See also ``incineration'' and ``thermal treatment''.)
Operator means the person responsible for the overall operation of a
facility.
Owner means the person who owns a facility or part of a facility.
Partial closure means the closure of a hazardous waste management
unit in accordance with the applicable closure requirements of parts 264
and 265 of this chapter at a facility that contains other active
hazardous waste management units. For example, partial closure may
include the closure of a tank (including its associated piping and
underlying containment systems), landfill cell, surface impoundment,
waste pile, or other hazardous waste management unit, while other units
of the same facility continue to operate.
Performance Track member facility means a facility that has been
accepted by EPA for membership in the National Environmental Performance
[[Page 15]]
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.
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
[[Page 16]]
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.
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,
[[Page 17]]
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.
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
[[Page 18]]
(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 at www.fdsys.gov.
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 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.
[[Page 19]]
(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 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.
[[Page 20]]
(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]
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
[[Page 21]]
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. 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]
[[Page 22]]
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
(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
[[Page 23]]
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]
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
[[Page 24]]
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 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;
[[Page 25]]
(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 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
[[Page 26]]
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, 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
[[Page 27]]
(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 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
[[Page 28]]
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
(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.
[[Page 29]]
(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]
PART 261_IDENTIFICATION AND LISTING OF HAZARDOUS WASTE--Table of Contents
Subpart A_General
Sec.
261.1 Purpose and scope.
261.2 Definition of solid waste.
261.3 Definition of hazardous waste.
261.4 Exclusions.
261.5 Special requirements for hazardous waste generated by
conditionally exempt small quantity generators.
261.6 Requirements for recyclable materials.
261.7 Residues of hazardous waste in empty containers.
261.8 PCB wastes regulated under Toxic Substance Control Act.
261.9 Requirements for Universal Waste.
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 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.
[[Page 30]]
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 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
[[Page 31]]
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.
(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)(14)).
(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; 75 FR
13001, Mar. 18, 2010]
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
[[Page 32]]
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).
(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..........................
[[Page 33]]
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 that is not excluded (*) (*) (*) (*)
under Sec. 261.4(a)(13)......
----------------------------------------------------------------------------------------------------------------
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
(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
[[Page 34]]
(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; 75 FR 13001, Mar. 18,
2010]
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 (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
[[Page 35]]
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 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
[[Page 36]]
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 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
[[Page 37]]
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, 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.
[[Page 38]]
(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
------------------------------------------------------------------------
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
[[Page 39]]
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
(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.
[[Page 40]]
(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.
(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
[[Page 41]]
(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.
(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
[[Page 42]]
designated as F037 listed wastes when disposed of or intended for
disposal.
(ii) Recovered oil that is recycled in the same manner and with the
same conditions as described in paragraph (a)(12)(i) of this section.
Recovered oil is oil that has been reclaimed from secondary materials
(including wastewater) generated from normal petroleum industry
practices, including refining, exploration and production, bulk storage,
and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382,
1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172.) Recovered oil
does not include oil-bearing hazardous wastes listed in subpart D of
this part; however, oil recovered from such wastes may be considered
recovered oil. Recovered oil does not include used oil as defined in 40
CFR 279.1.
(13) Excluded scrap metal (processed scrap metal, unprocessed home
scrap metal, and unprocessed prompt scrap metal) being recycled.
(14) Shredded circuit boards being recycled provided that they are:
(i) Stored in containers sufficient to prevent a release to the
environment prior to recovery; and
(ii) Free of mercury switches, mercury relays and nickel-cadmium
batteries and lithium batteries.
(15) Condensates derived from the overhead gases from kraft mill
steam strippers that are used to comply with 40 CFR 63.446(e). The
exemption applies only to combustion at the mill generating the
condensates.
(16) Comparable fuels or comparable syngas fuels that meet the
requirements of Sec. 261.38.
(17) Spent materials (as defined in Sec. 261.1) (other than
hazardous wastes listed in subpart D of this part) generated within the
primary mineral processing industry from which minerals, acids, cyanide,
water, or other values are recovered by mineral processing or by
beneficiation, provided that:
(i) The spent material is legitimately recycled to recover minerals,
acids, cyanide, water or other values;
(ii) The spent material is not accumulated speculatively;
(iii) Except as provided in paragraph (a)(17)(iv) of this section,
the spent material is stored in tanks, containers, or buildings meeting
the following minimum integrity standards: a building must be an
engineered structure with a floor, walls, and a roof all of which are
made of non-earthen materials providing structural support (except
smelter buildings may have partially earthen floors provided the
secondary material is stored on the non-earthen portion), and have a
roof suitable for diverting rainwater away from the foundation; a tank
must be free standing, not be a surface impoundment (as defined in 40
CFR 260.10), and be manufactured of a material suitable for containment
of its contents; a container must be free standing and be manufactured
of a material suitable for containment of its contents. If tanks or
containers contain any particulate which may be subject to wind
dispersal, the owner/operator must operate these units in a manner which
controls fugitive dust. Tanks, containers, and buildings must be
designed, constructed and operated to prevent significant releases to
the environment of these materials.
(iv) The Regional Administrator or State Director may make a site-
specific determination, after public review and comment, that only solid
mineral processing spent material may be placed on pads rather than
tanks containers, or buildings. Solid mineral processing spent materials
do not contain any free liquid. The decision-maker must affirm that pads
are designed, constructed and operated to prevent significant releases
of the secondary material into the environment. Pads must provide the
same degree of containment afforded by the non-RCRA tanks, containers
and buildings eligible for exclusion.
(A) The decision-maker must also consider if storage on pads poses
the potential for significant releases via groundwater, surface water,
and air exposure pathways. Factors to be considered for assessing the
groundwater, surface water, air exposure pathways are: The volume and
physical and chemical properties of the secondary material, including
its potential for migration off the pad; the potential for human or
environmental exposure to hazardous constituents migrating from the pad
via each exposure pathway, and
[[Page 43]]
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 (b)(7) of this section, mineral
processing spent materials must be the result of mineral processing and
may not include any listed hazardous wastes. Listed hazardous wastes and
characteristic hazardous wastes generated by non-mineral processing
industries are not eligible for the conditional exclusion from the
definition of solid waste.
(18) Petrochemical recovered oil from an associated organic chemical
manufacturing facility, where the oil is to be inserted into the
petroleum refining process (SIC code 2911) along with normal petroleum
refinery process streams, provided:
(i) The oil is hazardous only because it exhibits the characteristic
of ignitability (as defined in Sec. 261.21) and/or toxicity for benzene
(Sec. 261.24, waste code D018); and
(ii) The oil generated by the organic chemical manufacturing
facility is not placed on the land, or speculatively accumulated before
being recycled into the petroleum refining process. An ``associated
organic chemical manufacturing facility'' is a facility where the
primary SIC code is 2869, but where operations may also include SIC
codes 2821, 2822, and 2865; and is physically co-located with a
petroleum refinery; and where the petroleum refinery to which the oil
being recycled is returned also provides hydrocarbon feedstocks to the
organic chemical manufacturing facility. ``Petrochemical recovered oil''
is oil that has been reclaimed from secondary materials (i.e., sludges,
byproducts, or spent materials, including wastewater) from normal
organic chemical manufacturing operations, as well as oil recovered from
organic chemical manufacturing processes.
(19) Spent caustic solutions from petroleum refining liquid treating
processes used as a feedstock to produce cresylic or naphthenic acid
unless the material is placed on the land, or accumulated speculatively
as defined in Sec. 261.1(c).
(20) Hazardous secondary materials used to make zinc fertilizers,
provided that the following conditions specified are satisfied:
(i) Hazardous secondary materials used to make zinc micronutrient
fertilizers must not be accumulated speculatively, as defined in Sec.
261.1 (c)(8).
(ii) Generators and intermediate handlers of zinc-bearing hazardous
secondary materials that are to be incorporated into zinc fertilizers
must:
(A) Submit a one-time notice to the Regional Administrator or State
Director in whose jurisdiction the exclusion is being claimed, which
contains the name, address and EPA ID number of the generator or
intermediate handler facility, provides a brief description of the
secondary material that will be subject to the exclusion, and identifies
when the manufacturer intends to begin managing excluded, zinc-bearing
hazardous secondary materials under the conditions specified in this
paragraph (a)(20).
[[Page 44]]
(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 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:
[[Page 45]]
------------------------------------------------------------------------
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 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:
[[Page 46]]
(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 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
[[Page 47]]
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
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.''
[[Page 48]]
(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 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
[[Page 49]]
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 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.''
[[Page 50]]
(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 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
[[Page 51]]
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 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.
[[Page 52]]
(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.
(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;
[[Page 53]]
(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.
(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
[[Page 54]]
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 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.
[[Page 55]]
(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.
(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
[[Page 56]]
of hazardous waste being collected and shipped for the purpose of
conducting treatability studies provided that:
(i) The generator or sample collector uses (in ``treatability
studies'') no more than 10,000 kg of media contaminated with non-acute
hazardous waste, 1000 kg of non-acute hazardous waste other than
contaminated media, 1 kg of acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste for each process being evaluated
for each generated waste stream; and
(ii) The mass of each sample shipment does not exceed 10,000 kg; the
10,000 kg quantity may be all media contaminated with non-acute
hazardous waste, or may include 2500 kg of media contaminated with acute
hazardous waste, 1000 kg of hazardous waste, and 1 kg of acute hazardous
waste; and
(iii) The sample must be packaged so that it will not leak, spill,
or vaporize from its packaging during shipment and the requirements of
paragraph A or B of this subparagraph are met.
(A) The transportation of each sample shipment complies with U.S.
Department of Transportation (DOT), U.S. Postal Service (USPS), or any
other applicable shipping requirements; or
(B) If the DOT, USPS, or other shipping requirements do not apply to
the shipment of the sample, the following information must accompany the
sample:
(1) The name, mailing address, and telephone number of the
originator of the sample;
(2) The name, address, and telephone number of the facility that
will perform the treatability study;
(3) The quantity of the sample;
(4) The date of shipment; and
(5) A description of the sample, including its EPA Hazardous Waste
Number.
(iv) The sample is shipped to a laboratory or testing facility which
is exempt under Sec. 261.4(f) or has an appropriate RCRA permit or
interim status.
(v) The generator or sample collector maintains the following
records for a period ending 3 years after completion of the treatability
study:
(A) Copies of the shipping documents;
(B) A copy of the contract with the facility conducting the
treatability study;
(C) Documentation showing:
(1) The amount of waste shipped under this exemption;
(2) The name, address, and EPA identification number of the
laboratory or testing facility that received the waste;
(3) The date the shipment was made; and
(4) Whether or not unused samples and residues were returned to the
generator.
(vi) The generator reports the information required under paragraph
(e)(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
[[Page 57]]
need to study and analyze alternative techniques within a previously
evaluated treatment process; or there is a need to do further evaluation
of an ongoing treatability study to determine final specifications for
treatment.
(iii) The additional quantities and timeframes allowed in paragraph
(e)(3) (i) and (ii) of this section are subject to all the provisions in
paragraphs (e) (1) and (e)(2) (iii) through (vi) of this section. The
generator or sample collector must apply to the Regional Administrator
in the Region where the sample is collected and provide in writing the
following information:
(A) The reason why the generator or sample collector requires
additional time or quantity of sample for treatability study evaluation
and the additional time or quantity needed;
(B) Documentation accounting for all samples of hazardous waste from
the waste stream which have been sent for or undergone treatability
studies including the date each previous sample from the waste stream
was shipped, the quantity of each previous shipment, the laboratory or
testing facility to which it was shipped, what treatability study
processes were conducted on each sample shipped, and the available
results on each treatability study;
(C) A description of the technical modifications or change in
specifications which will be evaluated and the expected results;
(D) If such further study is being required due to equipment or
mechanical failure, the applicant must include information regarding the
reason for the failure or breakdown and also include what procedures or
equipment improvements have been made to protect against further
breakdowns; and
(E) Such other information that the Regional Administrator considers
necessary.
(f) Samples Undergoing Treatability Studies at Laboratories and
Testing Facilities. Samples undergoing treatability studies and the
laboratory or testing facility conducting such treatability studies (to
the extent such facilities are not otherwise subject to RCRA
requirements) are not subject to any requirement of this part, part 124,
parts 262-266, 268, and 270, or to the notification requirements of
Section 3010 of RCRA provided that the conditions of paragraphs (f) (1)
through (11) of this section are met. A mobile treatment unit (MTU) may
qualify as a testing facility subject to paragraphs (f) (1) through (11)
of this section. Where a group of MTUs are located at the same site, the
limitations specified in (f) (1) through (11) of this section apply to
the entire group of MTUs collectively as if the group were one MTU.
(1) No less than 45 days before conducting treatability studies, the
facility notifies the Regional Administrator, or State Director (if
located in an authorized State), in writing that it intends to conduct
treatability studies under this paragraph.
(2) The laboratory or testing facility conducting the treatability
study has an EPA identification number.
(3) No more than a total of 10,000 kg of ``as received'' media
contaminated with non-acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste or 250 kg of other ``as
received'' hazardous waste is subject to 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
[[Page 58]]
be archived for future evaluation up to five years from the date of
initial receipt. Quantities of materials archived are counted against
the total storage limit for the facility.
(6) The treatability study does not involve the placement of
hazardous waste on the land or open burning of hazardous waste.
(7) The facility maintains records for 3 years following completion
of each study that show compliance with the treatment rate limits and
the storage time and quantity limits. The following specific information
must be included for each treatability study conducted:
(i) The name, address, and EPA identification number of the
generator or sample collector of each waste sample;
(ii) The date the shipment was received;
(iii) The quantity of waste accepted;
(iv) The quantity of ``as received'' waste in storage each day;
(v) The date the treatment study was initiated and the amount of
``as received'' waste introduced to treatment each day;
(vi) The date the treatability study was concluded;
(vii) The date any unused sample or residues generated from the
treatability study were returned to the generator or sample collector
or, if sent to a designated facility, the name of the facility and the
EPA identification number.
(8) The facility keeps, on-site, a copy of the treatability study
contract and all shipping papers associated with the transport of
treatability study samples to and from the facility for a period ending
3 years from the completion date of each treatability study.
(9) The facility prepares and submits a report to the Regional
Administrator, or state Director (if located in an authorized state), by
March 15 of each year, that 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]
[[Page 59]]
Editorial Note: For Federal Register citations affecting Sec.
261.4, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
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 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 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 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, or 261.33(e).
Note to paragraph (e): ``Full regulation'' means those regulations
applicable to generators of 1,000 kg or greater of 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 paragraphs (e)(1) or (e)(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 268, and parts 270 and
[[Page 60]]
124 of this chapter, and the applicable notification requirements of
section 3010 of RCRA. The time period of Sec. 262.34(a) of this
chapter, for accumulation of wastes on-site, begins when the accumulated
wastes exceed the applicable exclusion limit;
(3) A conditionally exempt small quantity generator may either treat
or dispose of his acute hazardous waste in an on-site facility or ensure
delivery to an off-site treatment, storage, or disposal facility, either
of which, if located in the U.S., is:
(i) Permitted under part 270 of this chapter;
(ii) In interim status under parts 270 and 265 of this chapter;
(iii) Authorized to manage hazardous waste by a State with a
hazardous waste management program approved under part 271 of this
chapter;
(iv) Permitted, licensed, or registered by a State to manage
municipal solid waste and, if managed in a municipal solid waste
landfill is subject to Part 258 of this chapter;
(v) Permitted, licensed, or registered by a State to manage non-
municipal non-hazardous waste and, if managed in a non-municipal non-
hazardous waste disposal unit after January 1, 1998, is subject to the
requirements in 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 100 kilograms or less 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 1,000 kilograms
or greater of his hazardous wastes, all of those accumulated wastes are
subject to regulation under the special provisions of part 262
applicable to generators of greater than 100 kg and less than 1000 kg of
hazardous waste in a calendar month as well as the requirements of parts
263 through 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 equal or 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
[[Page 61]]
waste and remain subject to these reduced requirements even though the
resultant mixture exceeds the quantity limitations identified in this
section, unless the mixture meets any of the characteristics of
hazardous waste identified in subpart C.
(i) If any person mixes a solid waste with a hazardous waste that
exceeds a quantity exclusion level of this section, the mixture is
subject to full regulation.
(j) If a conditionally exempt small quantity generator's wastes are
mixed with used oil, the mixture is subject to part 279 of this chapter.
Any material 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; 75 FR 13001, Mar. 18, 2010]
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
268, 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 (as defined in section 266.100(a)) 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 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
[[Page 62]]
not produce products from crude oil so long as the resulting fuel meets
the used oil specification under Sec. 279.11 of this chapter and so
long as no other hazardous wastes are used to produce the hazardous
waste fuel;
(B) Hazardous waste fuel produced from oil-bearing hazardous waste
from petroleum refining production, and transportation practices, where
such hazardous wastes are reintroduced into a refining process after a
point at which contaminants are removed, so long as the fuel meets the
used oil fuel specification under Sec. 279.11 of this chapter; and
(C) Oil reclaimed from oil-bearing hazardous wastes from petroleum
refining, production, and transportation practices, which reclaimed oil
is burned as a fuel without reintroduction to a refining process, so
long as the reclaimed oil meets the used oil fuel specification under
Sec. 279.11 of this chapter.
(4) Used oil that is recycled and is also a hazardous waste solely
because it exhibits a hazardous characteristic is not subject to the
requirements of parts 260 through 268 of this chapter, but is regulated
under part 279 of this chapter. Used oil that is recycled includes any
used oil which is reused, following its original use, for any purpose
(including the purpose for which the oil was originally used). Such term
includes, but is not limited to, oil which is re-refined, reclaimed,
burned for energy recovery, or reprocessed.
(5) Hazardous waste that is exported to or imported from designated
member countries of the Organization for Economic Cooperation and
Development (OECD) (as defined in Sec. 262.58(a)(1)) for purpose of
recovery is subject to the requirements of 40 CFR part 262, subpart H,
if it is subject to either the Federal manifesting requirements of 40
CFR Part 262, to the universal waste management standards of 40 CFR Part
273, or to State requirements analogous to 40 CFR Part 273.
(b) Generators and transporters of recyclable materials are subject
to the applicable requirements of parts 262 and 263 of this chapter and
the notification requirements under section 3010 of RCRA, except as
provided in paragraph (a) of this section.
(c) (1) Owners and operators of facilities that store recyclable
materials before they are recycled are regulated under all applicable
provisions of subparts A though L, AA, BB, and CC of parts 264 and 265,
and under parts 124, 266, 267, 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, 265 or 267 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 at www.fdsys.gov.
Sec. 261.7 Residues of hazardous waste in empty containers.
(a)(1) Any hazardous waste remaining in either: an empty container;
or 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 268, 270, or 124 this chapter or to the notification
requirements of section 3010 of RCRA.
(2) Any hazardous waste in either a container that is not empty or
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 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
[[Page 63]]
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 or
261.33(e) of this chapter is empty if:
(i) All wastes have been removed that can be removed using the
practices commonly employed to remove materials from that type of
container, e.g., pouring, pumping, and aspirating, and
(ii) No more than 2.5 centimeters (one inch) of residue remain on
the bottom of the container or inner liner, or
(iii)(A) No more than 3 percent by weight of the total capacity of
the container remains in the container or inner liner if the container
is less than or equal to 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 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; 75 FR
13002, Mar. 18, 2010]
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:
[[Page 64]]
(i) Measured by an available standardized test method which is
reasonably within the capability of generators of solid waste or private
sector laboratories that are available to serve generators of solid
waste; or
(ii) Reasonably detected by generators of solid waste through their
knowledge of their waste.
(b) [Reserved]
Sec. 261.11 Criteria for listing hazardous waste.
(a) The Administrator shall list a solid waste as a hazardous waste
only upon determining that the solid waste meets one of the following
criteria:
(1) It exhibits any of the characteristics of hazardous waste
identified in subpart C.
(2) It has been found to be fatal to humans in low doses or, in the
absence of data on human toxicity, it has been shown in studies to have
an oral LD 50 toxicity (rat) of less than 50 milligrams per kilogram, an
inhalation LC 50 toxicity (rat) of less than 2 milligrams per liter, or
a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per
kilogram or is otherwise capable of causing or significantly
contributing to an increase in serious irreversible, or incapacitating
reversible, illness. (Waste listed in accordance with these criteria
will be designated Acute Hazardous Waste.)
(3) It contains any of the toxic constituents listed in appendix
VIII and, after considering the following factors, the Administrator
concludes that the waste is capable of posing a substantial present or
potential hazard to human health or the environment when improperly
treated, stored, transported or disposed of, or otherwise managed:
(i) The nature of the toxicity presented by the constituent.
(ii) The concentration of the constituent in the waste.
(iii) The potential of the constituent or any toxic degradation
product of the constituent to migrate from the waste into the
environment under the types of improper management considered in
paragraph (a)(3)(vii) of this section.
(iv) The persistence of the constituent or any toxic degradation
product of the constituent.
(v) The potential for the constituent or any toxic degradation
product of the constituent to degrade into non-harmful constituents and
the rate of degradation.
(vi) The degree to which the constituent or any degradation product
of the constituent bioaccumulates in ecosystems.
(vii) The plausible types of improper management to which the waste
could be subjected.
(viii) The quantities of the waste generated at individual
generation sites or on a regional or national basis.
(ix) The nature and severity of the human health and environmental
damage that has occurred as a result of the improper management of
wastes containing the constituent.
(x) Action taken by other governmental agencies or regulatory
programs based on the health or environmental hazard posed by the waste
or waste constituent.
(xi) Such other factors as may be appropriate.
Substances will be listed on appendix VIII only if they have been shown
in scientific studies to have toxic, carcinogenic, mutagenic or
teratogenic effects on humans or other life forms.
(Wastes listed in accordance with these criteria will be designated
Toxic wastes.)
(b) The Administrator may list classes or types of solid waste as
hazardous 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
[[Page 65]]
the characteristics identified in this subpart.
[Comment: Sec. 262.11 of this chapter sets forth the generator's
responsibility to determine whether his waste exhibits one or more of
the characteristics identified in this subpart]
(b) A hazardous waste which is identified by a characteristic in
this subpart is assigned every EPA Hazardous Waste Number that is
applicable as set forth in this subpart. This number must be used in
complying with the notification requirements of section 3010 of the Act
and all applicable recordkeeping and reporting requirements under parts
262 through 265, 268, and 270 of this chapter.
(c) For purposes of this subpart, the Administrator will consider a
sample obtained using any of the applicable sampling methods specified
in appendix I to be a representative sample within the meaning of part
260 of this chapter.
[Comment: Since the appendix I sampling methods are not being formally
adopted by the Administrator, a person who desires to employ an
alternative sampling method is not required to demonstrate the
equivalency of his method under the procedures set forth in 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
[[Page 66]]
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
(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 173.54, or is a
Division 1.1, 1.2 or 1.3 explosive as defined in 49 CFR 173.50 and
173.53.
[[Page 67]]
(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; 75
FR 13002, Mar. 18, 2010]
Sec. 261.24 Toxicity characteristic.
(a) A solid waste (except manufactured gas plant waste) exhibits the
characteristic of toxicity if, using the Toxicity Characteristic
Leaching Procedure, test Method 1311 in ``Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, as
incorporated by reference in Sec. 260.11 of this chapter, the extract
from a representative sample of the waste contains any of the
contaminants listed in table 1 at the concentration equal to or greater
than the respective value given in that table. Where the waste contains
less than 0.5 percent filterable solids, the waste itself, after
filtering using the methodology outlined in Method 1311, is considered
to be the extract for the purpose of this section.
(b) A solid waste that exhibits the characteristic of toxicity has
the EPA Hazardous Waste Number specified in Table 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
[[Page 68]]
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, 267, 268, and 270 of this chapter.
(d) The following hazardous wastes listed in Sec. 261.31 are
subject to the exclusion limits for acutely hazardous wastes established
in Sec. 261.5: EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026
and F027.
[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; 75 FR 13002, Mar. 18, 2010]
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.
[[Page 69]]
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.
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.
[[Page 70]]
F035......................... Wastewaters (except those (T)
that have not come into
contact with process
contaminants), process
residuals, preservative
drippage, and spent
formulations from wood
preserving processes
generated at plants that
use inorganic
preservatives containing
arsenic or chromium.
This listing does not
include K001 bottom
sediment sludge from the
treatment of wastewater
from wood preserving
processes that use
creosote and/or
pentachlorophenol.
F037......................... Petroleum refinery (T)
primary oil/water/solids
separation sludge--Any
sludge generated from
the gravitational
separation of oil/water/
solids during the
storage or treatment of
process wastewaters and
oily 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.
[[Page 71]]
(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.
(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 at www.fdsys.gov.
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.
[[Page 72]]
K028......................... Spent catalyst from the (T)
hydrochlorinator reactor
in the production of
1,1,1-trichloroethane.
K029......................... Waste from the product (T)
steam stripper in the
production of 1,1,1-
trichloroethane.
K030......................... Column bottoms or heavy (T)
ends from the combined
production of
trichloroethylene and
perchloroethylene.
K083......................... Distillation bottoms from (T)
aniline production.
K085......................... Distillation or (T)
fractionation column
bottoms from the
production of
chlorobenzenes.
K093......................... Distillation light ends (T)
from the production of
phthalic anhydride from
ortho-xylene.
K094......................... Distillation bottoms from (T)
the production of
phthalic anhydride from
ortho-xylene.
K095......................... Distillation bottoms from (T)
the production of 1,1,1-
trichloroethane.
K096......................... Heavy ends from the heavy (T)
ends column from the
production of 1,1,1-
trichloroethane.
K103......................... Process residues from (T)
aniline extraction from
the production of
aniline.
K104......................... Combined wastewater (T)
streams generated from
nitrobenzene/aniline
production.
K105......................... Separated aqueous stream (T)
from the reactor product
washing step in the
production of
chlorobenzenes.
K107......................... Column bottoms from (C,T)
product separation from
the production of 1,1-
dimethylhydrazine (UDMH)
from carboxylic acid
hydrazines.
K108......................... Condensed column (I,T)
overheads from product
separation and condensed
reactor vent gases from
the production of 1,1-
dimethylhydrazine (UDMH)
from carboxylic acid
hydrazides.
K109......................... Spent filter cartridges (T)
from product
purification from the
production of 1,1-
dimethylhydrazine (UDMH)
from carboxylic acid
hydrazides.
K110......................... Condensed column (T)
overheads from
intermediate separation
from the production of
1,1-dimethylhydrazine
(UDMH) from carboxylic
acid hydrazides.
K111......................... Product washwaters from (C,T)
the production of
dinitrotoluene via
nitration of toluene.
K112......................... Reaction by-product water (T)
from the drying column
in the production of
toluenediamine via
hydrogenation of
dinitrotoluene.
K113......................... Condensed liquid light (T)
ends from the
purification of
toluenediamine in the
production of
toluenediamine via
hydrogenation of
dinitrotoluene.
K114......................... Vicinals from the (T)
purification of
toluenediamine in the
production of
toluenediamine via
hydrogenation of
dinitrotoluene.
K115......................... Heavy ends from the (T)
purification of
toluenediamine in the
production of
toluenediamine via
hydrogenation of
dinitrotoluene.
K116......................... Organic condensate from (T)
the solvent recovery
column in the production
of toluene diisocyanate
via phosgenation of
toluenediamine.
K117......................... Wastewater from the (T)
reactor vent gas
scrubber in the
production of ethylene
dibromide via
bromination of ethene.
K118......................... Spent adsorbent solids (T)
from purification of
ethylene dibromide in
the production of
ethylene dibromide via
bromination of ethene.
K136......................... Still bottoms from the (T)
purification of ethylene
dibromide in the
production of ethylene
dibromide via
bromination of ethene.
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 73]]
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 74]]
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 aluminum:
K088......................... Spent potliners from (T)
primary aluminum
reduction.
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.
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.
[[Page 75]]
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.
(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.
[[Page 76]]
(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.
(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
[[Page 77]]
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 at www.fdsys.gov.
Sec. 261.33 Discarded commercial chemical products, off-specification
species, container residues, and spill residues thereof.
The following materials or items are hazardous wastes if and when
they are discarded or intended to be discarded as described in Sec.
261.2(a)(2)(i), when they are mixed with waste oil or used oil or other
material and applied to the land for dust suppression or road treatment,
when they are otherwise applied to the land in lieu of their original
intended use or when they are contained in products that are applied to
the land in lieu of their original intended use, or when, in lieu of
their original intended use, they are produced for use as (or as a
component of) a fuel, distributed for use as a fuel, or burned as a
fuel.
(a) Any commercial chemical product, or manufacturing chemical
intermediate having the generic name listed in paragraph (e) or (f) of
this section.
(b) Any off-specification commercial chemical product or
manufacturing chemical intermediate which, if it met specifications,
would have the generic name listed in paragraph (e) or (f) of this
section.
(c) Any residue remaining in a container or in an inner liner
removed from a container that has held any commercial chemical product
or manufacturing chemical intermediate having the generic name listed in
paragraphs (e) or (f) of this section, unless the container is empty as
defined in Sec. 261.7(b) of this chapter.
[Comment: Unless the residue is being beneficially used or reused, or
legitimately recycled or reclaimed; or being accumulated, stored,
transported or treated prior to such use, re-use, recycling or
reclamation, EPA considers the residue to be intended for discard, and
thus, a hazardous waste. An example of a legitimate re-use of the
residue would be where the residue remains in the container and the
container is used to hold the same commercial chemical product or
manufacturing chemical intermediate it previously held. An example of
the discard of the residue would be where the drum is sent to a drum
reconditioner who reconditions the drum but discards the residue.]
(d) Any residue or contaminated soil, water or other debris
resulting from the cleanup of a spill into or on any land or water of
any commercial chemical product or manufacturing chemical intermediate
having the generic name listed in paragraph (e) or (f) of 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
[[Page 78]]
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).
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
[[Page 79]]
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
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-
[[Page 80]]
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
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
[[Page 81]]
P040 297-97-2 Phosphorothioic acid, O,O-diethyl O-
pyrazinyl ester
P097 52-85-7 Phosphorothioic acid,
O-[4-[(dimethylamino)sulfonyl]phenyl]
O,O-dimethyl ester
P071 298-00-0 Phosphorothioic acid, O,O,-dimethyl O-
(4-nitrophenyl) ester
P204 57-47-6 Physostigmine.
P188 57-64-7 Physostigmine salicylate.
P110 78-00-2 Plumbane, tetraethyl-
P098 151-50-8 Potassium cyanide
P098 151-50-8 Potassium cyanide K(CN)
P099 506-61-6 Potassium silver cyanide
P201 2631-37-0 Promecarb
P070 116-06-3 Propanal, 2-methyl-2-(methylthio)-,
O-[(methylamino)carbonyl]oxime
P203 1646-88-4 Propanal, 2-methyl-2-(methyl-sulfonyl)-
, O-[(methylamino)carbonyl] oxime.
P101 107-12-0 Propanenitrile
P027 542-76-7 Propanenitrile, 3-chloro-
P069 75-86-5 Propanenitrile, 2-hydroxy-2-methyl-
P081 55-63-0 1,2,3-Propanetriol, trinitrate (R)
P017 598-31-2 2-Propanone, 1-bromo-
P102 107-19-7 Propargyl alcohol
P003 107-02-8 2-Propenal
P005 107-18-6 2-Propen-1-ol
P067 75-55-8 1,2-Propylenimine
P102 107-19-7 2-Propyn-1-ol
P008 504-24-5 4-Pyridinamine
P075 \1\ 54-11-5 Pyridine, 3-(1-methyl-2-pyrrolidinyl)-
, (S)-, & salts
P204 57-47-6 Pyrrolo[2,3-b]indol-5-ol,
1,2,3,3a,8,8a-hexahydro-1,3a,8-
trimethyl-,
methylcarbamate (ester), (3aS-cis)-.
P114 12039-52-0 Selenious acid, dithallium(1+) salt
P103 630-10-4 Selenourea
P104 506-64-9 Silver cyanide
P104 506-64-9 Silver cyanide Ag(CN)
P105 26628-22-8 Sodium azide
P106 143-33-9 Sodium cyanide
P106 143-33-9 Sodium cyanide Na(CN)
P108 \1\ 57-24-9 Strychnidin-10-one, & salts
P018 357-57-3 Strychnidin-10-one, 2,3-dimethoxy-
P108 \1\ 57-24-9 Strychnine, & salts
P115 7446-18-6 Sulfuric acid, dithallium(1+) salt
P109 3689-24-5 Tetraethyldithiopyrophosphate
P110 78-00-2 Tetraethyl lead
P111 107-49-3 Tetraethyl pyrophosphate
P112 509-14-8 Tetranitromethane (R)
P062 757-58-4 Tetraphosphoric acid, hexaethyl ester
P113 1314-32-5 Thallic oxide
P113 1314-32-5 Thallium oxide Tl2 O3
P114 12039-52-0 Thallium(I) selenite
P115 7446-18-6 Thallium(I) sulfate
P109 3689-24-5 Thiodiphosphoric acid, tetraethyl
ester
P045 39196-18-4 Thiofanox
P049 541-53-7 Thioimidodicarbonic diamide [(H2
N)C(S)]2 NH
P014 108-98-5 Thiophenol
P116 79-19-6 Thiosemicarbazide
P026 5344-82-1 Thiourea, (2-chlorophenyl)-
P072 86-88-4 Thiourea, 1-naphthalenyl-
P093 103-85-5 Thiourea, phenyl-
P185 26419-73-8 Tirpate.
P123 8001-35-2 Toxaphene
P118 75-70-7 Trichloromethanethiol
P119 7803-55-6 Vanadic acid, ammonium salt
P120 1314-62-1 Vanadium oxide V2 O5
P120 1314-62-1 Vanadium pentoxide
P084 4549-40-0 Vinylamine, N-methyl-N-nitroso-
P001 \1\ 81-81-2 Warfarin, & salts, when present at
concentrations greater than 0.3%
P205 137-30-4 Zinc, bis(dimethylcarbamodithioato-
S,S')-,
P121 557-21-1 Zinc cyanide
P121 557-21-1 Zinc cyanide Zn(CN)2
P122 1314-84-7 Zinc phosphide Zn3 P2, when present at
concentrations greater than 10% (R,T)
P205 137-30-4 Ziram.
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%
[[Page 82]]
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
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
[[Page 83]]
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
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
[[Page 84]]
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)
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
[[Page 85]]
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)
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)
[[Page 86]]
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)
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
U278 22781-23-3 1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
methyl carbamate.
U364 22961-82-6 1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
U203 94-59-7 1,3-Benzodioxole, 5-(2-propenyl)-
U141 120-58-1 1,3-Benzodioxole, 5-(1-propenyl)-
U367 1563-38-8 7-Benzofuranol, 2,3-dihydro-2,2-
dimethyl-
U090 94-58-6 1,3-Benzodioxole, 5-propyl-
U064 189-55-9 Benzo[rst]pentaphene
U248 \1\81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
oxo-1-phenyl-butyl)-, & salts, when
present at concentrations of 0.3% or
less
U022 50-32-8 Benzo[a]pyrene
U197 106-51-4 p-Benzoquinone
U023 98-07-7 Benzotrichloride (C,R,T)
[[Page 87]]
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
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
[[Page 88]]
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-
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-
[[Page 89]]
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
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-
[[Page 90]]
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
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
[[Page 91]]
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]-
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
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)
[[Page 92]]
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)
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
[[Page 93]]
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
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-
[[Page 94]]
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-
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
[[Page 95]]
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
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
[[Page 96]]
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)
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
[[Page 97]]
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
U201 108-46-3 Resorcinol
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
[[Page 98]]
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
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
[[Page 99]]
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]
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 at www.fdsys.gov.
[[Page 100]]
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;
(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;
[[Page 101]]
(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 and syngas fuel.
(a) Specifications for excluded fuels. Wastes that meet the
specifications for comparable fuel or syngas fuel under paragraphs
(a)(1) or (a)(2) 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) 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.
(3) Blending to meet the specifications. (i) 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)(3)(ii) of
this section:
(ii) Blending to meet the viscosity specification. A hazardous waste
blended to meet the viscosity specification for comparable fuel shall:
(A) 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;
(B) Be blended at a facility that is subject to the applicable
requirements of parts 264, 265, or 267 or Sec. 262.34 of this chapter;
and
(C) Not violate the dilution prohibition of paragraph (a)(6) of this
section.
(4) Treatment to meet the comparable fuel specifications. (i) A
hazardous waste may be treated to meet the specifications for comparable
fuel set forth in paragraph (a)(1) of this section provided the
treatment:
(A) Destroys or removes the constituents 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, 265, or 267, or Sec. 262.34 of this chapter;
and
(C) Does not violate the dilution prohibition of paragraph (a)(6) 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.
(5) Generation of a syngas fuel. (i) A syngas fuel can be generated
from the processing of hazardous wastes to meet the exclusion
specifications of paragraph (a)(2) of this section provided the
processing:
(A) Destroys or removes the constituents listed in the specification
or raises
[[Page 102]]
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, 265, or 267, or Sec. 262.34 of this chapter
or is an exempt recycling unit pursuant to Sec. 261.6(c); and
(C) Does not violate the dilution prohibition of paragraph (a)(6) 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.
(6) Dilution prohibition. 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)(2) of this section for syngas.
(b) Implementation.--(1) General.--(i) Wastes that meet the
specifications provided by paragraph (a) of this section for 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; 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 complying with the conditions of this section and keeping
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 Code(s) 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)(C) 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 comparable
fuels 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) If there is a substantive change in the information provided in
the notice required under this paragraph, the generator must submit a
revised notification.
(C) Excluded fuel generators must include an estimate of the average
and maximum monthly and annual quantity of material for which an
exclusion would be claimed only in notices submitted after December 19,
2008 for newly excluded fuel or for revised notices as required by
paragraph (b)(2)(i)(B) 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:
[[Page 103]]
(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. The exclusion 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:
(i) Industrial furnaces as defined in Sec. 260.10 of this chapter;
(ii) Boilers, as defined in Sec. 260.10 of this chapter, that are
further defined as follows:
(A) Industrial boilers located on the site of a facility engaged in
a manufacturing process where substances are transformed into new
products, including the component parts of products, by mechanical or
chemical processes; or
(B) Utility boilers used to produce electric power, steam, heated or
cooled air, or other gases or fluids for sale;
(iii) Hazardous waste incinerators subject to regulation under
subpart O of parts 264 or 265 of this chapter and applicable CAA MACT
standards.
(iv) Gas turbines used to produce electric power, steam, heated or
cooled air, or other gases or fluids for sale.
(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, 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.
[[Page 104]]
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) Excluded fuel sampling and analysis. (i) General. For wastes for
which an exclusion is claimed under the specifications provided by
paragraphs (a)(1) or (a)(2) of this section, the generator of the waste
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 waste;
(C) Constituents introduced into the process that generates the
waste; or
(D) Constituents that are byproducts or side reactions to the
process that generates the waste.
Note to paragraph (b)(5): Any claim under this section must be valid
and accurate for all hazardous constituents; a determination not to test
for a hazardous constituent will not shield a generator from liability
should that constituent later be found in the excluded fuel above the
exclusion specifications.
(ii) Use of process knowledge. For each waste 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)(5)(i) of this section and must test to
determine that all of the constituent specifications of paragraphs
(a)(1) and (a)(2) of this section, as applicable, have been met.
(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 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 than may affect conformance with the
specifications.
[[Page 105]]
(6) (Reserved)
(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
(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)(5)(i) 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)(3) and (a)(4) 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. Prior to submitting a
notification to the State and Regional Directors, a generator of
excluded fuel who intends to ship the excluded fuel off-site for burning
must obtain a one-time written, signed statement from the burner:
(i) 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;
(ii) Identifying the name and address of the facility that will burn
the excluded fuel; and
(iii) 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 the 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.
(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
[[Page 106]]
operated for storage or transport of excluded fuel product are subject
to regulation under parts 262 through 265, 267, 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) 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) Failure to comply with the conditions of the exclusion. 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).
[[Page 107]]
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[75 FR 33716, Jun. 15, 2010]
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 112]]
(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 113]]
(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 114]]
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 115]]
(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:
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(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 117]]
(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 118]]
(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 119]]
(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 120]]
(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 121]]
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 122]]
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 123]]
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 124]]
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 125]]
(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 126]]
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 127]]
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 128]]
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 129]]
(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 130]]
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 131]]
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 132]]
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 133]]
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 134]]
(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 135]]
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 136]]
(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 137]]
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 138]]
*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 261, the following facilities owned or operated by the
guaranteed party. The current cost estimates so guaranteed are shown for
[[Page 139]]
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 140]]
*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 141]]
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 142]]
[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 143]]
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 144]]
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 145]]
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 146]]
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
[[Page 147]]
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 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.
[[Page 148]]
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 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:
[[Page 149]]
(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 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 150]]
(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 151]]
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:
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]
[[Page 152]]
[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.
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
[[Page 153]]
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;
(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
[[Page 154]]
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
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
[[Page 155]]
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 156]]
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 157]]
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.
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).
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.
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
[[Page 158]]
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 at www.fdsys.gov.
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
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
[[Page 159]]
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
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
[[Page 160]]
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
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.
[[Page 161]]
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
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
[[Page 162]]
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]]-.
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')-
,.
[[Page 163]]
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
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.
[[Page 164]]
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
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)-.
[[Page 165]]
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
Safrole.................................... 1,3-Benzodioxole, 5-(2-propenyl)-.. 94-59-7 U203
Selenium................................... Same............................... 7782-49-2 ...........
Selenium compounds, N.O.S. \1\............. ................................... ................. ...........
Selenium dioxide........................... Selenious acid..................... 7783-00-8 U204
Selenium sulfide........................... Selenium sulfide SeS2.............. 7488-56-4 U205
Selenium, tetrakis(dimethyl- Carbamodithioic acid, dimethyl-, 144-34-3 ...........
dithiocarbamate). tetraanhydrosulfide with
orthothioselenious acid.
Selenourea................................. Same............................... 630-10-4 P103
Silver..................................... Same............................... 7440-22-4 ...........
Silver compounds, N.O.S. \1\............... ................................... ................. ...........
Silver cyanide............................. Silver cyanide Ag(CN).............. 506-64-9 P104
Silvex (2,4,5-TP).......................... Propanoic acid, 2-(2,4,5- 93-72-1 See F027
trichlorophenoxy)-.
Sodium cyanide............................. Sodium cyanide Na(CN).............. 143-33-9 P106
Sodium dibutyldithiocarbamate.............. Carbamodithioic acid, dibutyl, 136-30-1 ...........
sodium salt.
Sodium diethyldithiocarbamate.............. Carbamodithioic acid, diethyl-, 148-18-5
sodium salt.
Sodium dimethyldithiocarbamate............. Carbamodithioic acid, dimethyl-, 128-04-1 ...........
sodium salt.
Sodium pentachlorophenate.................. Pentachlorophenol, sodium salt..... 131522 None
Streptozotocin............................. D-Glucose, 2-deoxy-2- 18883-66-4 U206
[[(methylnitrosoamino)carbonyl]ami
no]-.
Strychnine................................. Strychnidin-10-one................. 57-24-9 P108
Strychnine salts........................... ................................... ................. P108
Sulfallate................................. Carbamodithioic acid, diethyl-, 2- 95-06-7 ...........
chloro-2-propenyl ester.
TCDD....................................... Dibenzo[b,e][1,4]dioxin, 2,3,7,8- 1746-01-6 ...........
tetrachloro-.
Tetrabutylthiuram disulfide................ Thioperoxydicarbonic diamide, 1634-02-2 ...........
tetrabutyl.
1,2,4,5-Tetrachlorobenzene................. Benzene, 1,2,4,5-tetrachloro-...... 95-94-3 U207
Tetrachlorodibenzo-p-dioxins............... ................................... ................. ...........
Tetrachlorodibenzofurans................... ................................... ................. ...........
Tetrachloroethane, N.O.S. \1\.............. Ethane, tetrachloro-, N.O.S........ 25322-20-7 ...........
1,1,1,2-Tetrachloroethane.................. Ethane, 1,1,1,2-tetrachloro-....... 630-20-6 U208
1,1,2,2-Tetrachloroethane.................. Ethane, 1,1,2,2-tetrachloro-....... 79-34-5 U209
Tetrachloroethylene........................ Ethene, tetrachloro-............... 127-18-4 U210
2,3,4,6-Tetrachlorophenol.................. Phenol, 2,3,4,6-tetrachloro-....... 58-90-2 See F027
2,3,4,6-tetrachlorophenol, potassium salt.. same............................... 53535276 None
2,3,4,6-tetrachlorophenol, sodium salt..... same............................... 25567559 None
Tetraethyldithiopyrophosphate.............. Thiodiphosphoric acid, tetraethyl 3689-24-5 P109
ester.
Tetraethyl lead............................ Plumbane, tetraethyl-.............. 78-00-2 P110
Tetraethyl pyrophosphate................... Diphosphoric acid, tetraethyl ester 107-49-3 P111
Tetramethylthiuram monosulfide............. Bis(dimethylthiocarbamoyl) sulfide. 97-74-5 ...........
Tetranitromethane.......................... Methane, tetranitro-............... 509-14-8 P112
Thallium................................... Same............................... 7440-28-0 ...........
Thallium compounds, N.O.S. \1\............. ................................... ................. ...........
Thallic oxide.............................. Thallium oxide Tl2 O3.............. 1314-32-5 P113
Thallium(I) acetate........................ Acetic acid, thallium(1+) salt..... 563-68-8 U214
Thallium(I) carbonate...................... Carbonic acid, dithallium(1+) salt. 6533-73-9 U215
Thallium(I) chloride....................... Thallium chloride TlCl............. 7791-12-0 U216
Thallium(I) nitrate........................ Nitric acid, thallium(1+) salt..... 10102-45-1 U217
Thallium selenite.......................... Selenious acid, dithallium(1+) salt 12039-52-0 P114
Thallium(I) sulfate........................ Sulfuric acid, dithallium(1+) salt. 7446-18-6 P115
Thioacetamide.............................. Ethanethioamide.................... 62-55-5 U218
Thiodicarb................................. Ethanimidothioic acid, N,N'- 59669-26-0 U410
[thiobis [(methylimino)
carbonyloxy]] bis-, dimethyl ester.
Thiofanox.................................. 2-Butanone, 3,3-dimethyl-1- 39196-18-4 P045
(methylthio)-, 0-
[(methylamino)carbonyl] oxime.
[[Page 166]]
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%.
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; 75
FR 78926, Dec. 17, 2010]
[[Page 167]]
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:
(A) The constituent concentrations
measured in the TCLP extract may
not exceed the following levels
(mg/L): antimony--1.52; arsenic--
0.691; barium--100; beryllium--
3.07; cadmium--1; chromium--5;
cobalt--166; copper--67,300;
lead--5; mercury--0.2; nickel--
209; selenium--1; silver--5;
thallium--0.65; tin--1,660;
vanadium--156; and zinc--2,070.
(B) The total constituent
concentrations in any sample may
not exceed the following levels
(mg/kg): arsenic--9,280; mercury--
94; and polychlorinated
biphenyls--0.265.
(C) Concentrations of dioxin and
furan congeners cannot exceed
values which would result in a
cancer risk greater than or equal
to 10-6 as predicted by the
model.
2. Verification Sampling--USG
shall collect six additional
vertically composited samples of
sludge from locations that
compliment historical data and
shall analyze the samples by TCLP
for metals including antimony,
arsenic, barium, beryllium,
cadmium, chromium, lead, mercury,
nickel, selenium, silver,
thallium, tin, vanadium, and
zinc. If the samples exceed the
levels in Condition (1)(a), USG
must notify EPA. The
corresponding sludge and all
sludge yet to be disposed remains
hazardous until USG has
demonstrated by additional
sampling that all constituents of
concern are below the levels set
forth in condition 1.
[[Page 168]]
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.
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 169]]
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 170]]
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 171]]
(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 172]]
(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.
Babcock & Wilcox Lynchburg, Wastewater treatment sludge from
Nuclear Virginia. electroplating operations
Operations (Hazardous Waste Number F006)
Group, Inc., generated at the Mt. Athos
current owner, facility near Lynchburg, VA and
and BWX currently deposited in two on-
Technologies, site surface impoundments
Inc., designated as Final Effluent
predecessor in Ponds (FEPs) 1 and 2. This is a
interest to the one-time exclusion for 148 cubic
current owner, yards of sludge and is effective
identified after March 24, 2011.
collectively (1) Reopener language.
hereafter as (A) If B&W NOG discovers that any
``B&W NOG''. condition or assumption related
to the characterization of the
excluded waste which was used in
the evaluation of the petition or
that was predicted through
modeling is not as reported in
the petition, then B&W NOG must
report any information relevant
to that condition or assumption,
in writing, to the Regional
Administrator and the Virginia
Department of Environmental
Quality within 10 calendar days
of discovering that information
(B) Upon receiving information
described in paragraph (a) of
this section, regardless of its
source, the Regional
Administrator will determine
whether the reported condition
requires further action. Further
action may include repealing the
exclusion, modifying the
exclusion, or other appropriate
action deemed necessary to
protect human health or the
environment
(2) Notification Requirements
In the event that the delisted
waste is transported off-site for
disposal, B&W NOG must provide a
one-time written notification to
any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported at least 60
calendar days prior to the
commencement of such activities.
Failure to provide such
notification will be deemed to be
a violation of this exclusion and
may result in revocation of the
decision and other enforcement
action.
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.
[[Page 173]]
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.
(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:
[[Page 174]]
(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
(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:
[[Page 175]]
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.
(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:
[[Page 176]]
(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:
(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:
[[Page 177]]
(1) Delisting Levels: All
leachable concentrations for
those constituents must not
exceed the maximum allowable
concentrations in mg/l specified
in this paragraph. Bekaert must
use the leaching method specified
at 40 CFR 261.24 to measure
constituents in the waste
leachate.
(A) Inorganic Constituents TCLP
(mg/l): Cadmium--0.672; Chromium--
5.0; Nickel--127; Zinc--1260.0.
(B) Organic Constituents TCLP (mg/
l): Methyl ethyl ketone--200.0.
(2) Waste Holding and Handling:
(A) Bekaert must accumulate the
hazardous waste dewatered WWTP
sludge in accordance with the
applicable regulations of 40 CFR
262.34 and continue to dispose of
the dewatered WWTP sludge as
hazardous waste.
(B) Once the first quarterly
sampling and analyses event
described in paragraph (3) is
completed and valid analyses
demonstrate that no constituent
is present in the sample at a
level which exceeds the delisting
levels set in paragraph (1),
Bekaert can manage and dispose of
the dewatered WWTP sludge as
nonhazardous according to all
applicable solid waste
regulations.
(C) If constituent levels in any
sample taken by Bekaert exceed
any of the delisting levels set
in paragraph (1), Bekaert must do
the following: (i) notify EPA in
accordance with paragraph (7) and
(ii) manage and dispose the
dewatered WWTP sludge as
hazardous waste generated under
Subtitle C of RCRA.
(D) Quarterly Verification Testing
Requirements: Upon this exclusion
becoming final, Bekaert may begin
the quarterly testing
requirements of paragraph (3) on
its dewatered WWTP sludge.
(3) Quarterly Testing
Requirements: Upon this exclusion
becoming final, Bekaert may
perform quarterly analytical
testing by sampling and analyzing
the dewatered WWTP sludge as
follows:
(A)(i) Collect four representative
composite samples of the
hazardous waste dewatered WWTP
sludge at quarterly (ninety (90)
day) intervals after EPA grants
the final exclusion. The first
composite sample may be taken at
any time after EPA grants the
final approval.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any roll-offs from which the
composite sample is taken
exceeding the delisting levels
listed in paragraph (1) must be
disposed as hazardous waste in a
Subtitle C landfill.
(iii) Within forty-five (45) days
after taking its first quarterly
sample, Bekaert will report its
first quarterly analytical test
data to EPA. If levels of
constituents measured in the
sample of the dewatered WWTP
sludge do not exceed the levels
set forth in paragraph (1) of
this exclusion, Bekaert can
manage and dispose the
nonhazardous dewatered WWTP
sludge according to all
applicable solid waste
regulations.
(4) Annual Testing:
(A) If Bekaert completes the
quarterly testing specified in
paragraph (3) above and no sample
contains a constituent with a
level which exceeds the limits
set forth in paragraph (1),
Bekaert may begin annual testing
as follows: Bekaert must test one
representative composite sample
of the dewatered WWTP sludge for
all constituents listed in
paragraph (1) at least once per
calendar year.
(B) The sample for the annual
testing shall be a representative
composite sample for all
constituents listed in paragraph
(1).
(C) The sample for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(5) Changes in Operating
Conditions: If Bekaert
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated as
established under paragraph (1)
(by illustration, but not
limitation, changes in equipment
or operating conditions of the
treatment process), it must
notify the EPA in writing; it may
no longer handle the wastes
generated from the new process as
nonhazardous until the wastes
meet the delisting levels set in
paragraph (1) and it has received
written approval to do so from
the EPA.
(6) Data Submittals: Bekaert must
submit the information described
below. If Bekaert fails to submit
the required data within the
specified time or maintain the
required records on-site for the
specified time, the EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (7). Bekaert must:
(A) Submit the data obtained
through paragraph (3) to the
Chief, North Section, RCRA
Enforcement and Compliance
Branch, Waste Division, U. S.
Environmental Protection Agency
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia, 30303, within
the time specified.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either the EPA or the State
of Tennessee request them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
[[Page 178]]
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete. If any of this
information is determined by the
EPA in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by the EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(7) Reopener:
(A) If, anytime after disposal of
the delisted waste Bekaert
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within ten (10) days of
first possessing or being made
aware of that data.
(B) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph (1),
Bekaert must report the data, in
writing, to the Regional
Administrator or his delegate
within ten (10) days of first
possessing or being made aware of
that data.
(C) If Bekaert fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires the
EPA action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Regional Administrator
or his delegate determines that
the reported information requires
action the EPA, the Regional
Administrator or his delegate
will notify the facility in
writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notification
shall include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed the EPA action is not
necessary. The facility shall
have ten (10) days from the date
of the Regional Administrator or
his delegate's notice to present
such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Regional
Administrator or his delegate
will issue a final written
determination describing the EPA
actions that are necessary to
protect human health or the
environment. Any required action
described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(8) Notification Requirements:
Bekaert must do following before
transporting the delisted waste:
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, sixty (60)
days before beginning such
activities.
(B) Update the one-time written
notification if Bekaert ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.
Bethlehem Steel Sparrows Point, Stabilized filter cake (at a
Corporation. Maryland. maximum annual rate of 1100 cubic
yards) from the treatment of
wastewater treatment sludges (EPA
Hazardous Waste No. F006)
generated from electroplating
operations after [insert date of
publication in Federal Register].
Bethlehem Steel (BSC) must
implement a testing program that
meets the following conditions
for the exclusion to be valid:
(1) Testing: Sample collection
and analyses (including quality
control (QC) procedures) must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
If EPA judges the stabilization
process to be effective under the
conditions used during the
initial verification testing, BSC
may replace the testing required
in Condition (1)(A) with the
testing required in Condition
(1)(B). BSC must continue to test
as specified in Condition (1)(A)
until and unless notified by EPA
in writing that testing in
Condition (1)(A) may be replaced
by Condition (1)(B) (to the
extent directed by EPA).
[[Page 179]]
(A) Initial Verification Testing:
During at least the first eight
weeks of operation of the full-
scale treatment system, BSC must
collect and analyze weekly
composites representative of the
stabilized waste. Weekly
composites must be composed of
representative grab samples
collected from every batch during
each week of stabilization. The
composite samples must be
collected and analyzed, prior to
the disposal of the stabilized
filter cake, for all constituents
listed in Condition (3). BSC must
report the analytical test data,
including a record of the ratios
of lime kiln dust and fly ash
used and quality control
information, obtained during this
initial period no later than 60
days after the collection of the
last composite of stabilized
filter cake.
(B) Subsequent Verification
Testing: Following written
notification by EPA, BSC may
substitute the testing condition
in (1)(B) for (1)(A). BSC must
collect and analyze at least one
composite representative of the
stabilized filter cake generated
each month. Monthly composites
must be comprised of
representative samples collected
from all batches that are
stabilized in a one-month period.
The monthly samples must be
analyzed prior to the disposal of
the stabilized filter cake for
chromium, lead and nickel. BSC
may, at its discretion, analyze
composite samples more frequently
to demonstrate that smaller
batches of waste are non-
hazardous.
(C) Annual Verification Testing:
In order to confirm that the
characteristics of the treated
waste do not change
significantly, BSC must, on an
annual basis, analyze a
representative composite sample
of stabilized filter cake for all
TC constituents listed in 40 CFR
Sec. 261.24 using the method
specified therein. This composite
sample must represent the
stabilized filter cake generated
over one week.
(2) Waste Holding and Handling:
BSC must store, as hazardous, all
stabilized filter cake generated
until verification testing (as
specified in Conditions (1)(A)
and (1)(B)) is completed and
valid analyses demonstrate that
the delisting levels set forth in
Condition (3) are met. If the
levels of hazardous constituents
measured in the samples of
stabilized filter cake generated
are below all the levels set
forth in Condition (3), then the
stabilized filter cake is non-
hazardous and may be managed and
disposed of in accordance with
all applicable solid waste
regulations. If hazardous
constituent levels in any weekly
or monthly composite sample equal
or exceed any of the delisting
levels set in Condition (3), the
stabilized filter cake generated
during the time period
corresponding to this sample must
be retreated until it is below
these levels or managed and
disposed of in accordance with
Subtitle C of RCRA.
(3) Delisting Levels: All
concentrations must be measured
in the waste leachate by the
method specified in 40 CFR Sec.
261.24. The leachable
concentrations for the
constituents must be below the
following levels (ppm): arsenic--
4.8; barium--100; cadmium--0.48;
chromium--5.0; lead--1.4;
mercury--0.19; nickel--9.6;
selenium--1.0; silver--5.0.
(4) Changes in Operating
Conditions: After completing the
initial verification test period
in Condition (1)(A), if BSC
decides to significantly change
the stabilization process (e.g.,
stabilization reagents) developed
under Condition (1), then BSC
must notify EPA in writing prior
to instituting the change. After
written approval by EPA, BSC may
manage waste generated from the
changed process as non-hazardous
under this exclusion, provided
the other conditions of this
exclusion are fulfilled.
(5) Data Submittals: Two weeks
prior to system start-up, BSC
must notify in writing (see
address below) when stabilization
of the dewatered filter cake will
begin. The data obtained through
Condition (1)(A) must be
submitted to Waste and Chemicals
Management Division (Mail Code
3HW11), U.S. EPA Region III, 1650
Arch St., Philadelphia, PA 19103
within the time period specified.
The analytical data, including
quality control information and
records of ratios of lime kiln
dust and fly ash used, must be
compiled and maintained on site
for a minimum of five years.
These data must be furnished upon
request and made available for
inspection by EPA or the State of
Maryland. Failure to submit the
required data within the
specified time period or maintain
the required records on site for
the specified time will be
considered by the Agency, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
``Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C Sec. 1001
and 42 U.S.C Sec. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
[[Page 180]]
BMW Manufacturing Greer, South Wastewater treatment sludge (EPA
Co., LLC. Carolina. Hazardous Waste No. F019) that
BMW Manufacturing Corporation
(BMW) generates by treating
wastewater from automobile
assembly plant located on Highway
101 South in Greer, South
Carolina. This is a conditional
exclusion for up to 2,850 cubic
yards of waste (hereinafter
referred to as ``BMW Sludge'')
that will be generated each year
and disposed in a Subtitle D
landfill after August 31, 2005.
With prior approval by the EPA,
following a public comment
period, BMW may also beneficially
reuse the sludge. BMW must
demonstrate that the following
conditions are met for the
exclusion to be valid.
(1) Delisting Levels: All
leachable concentrations for
these metals and cyanide must not
exceed the following levels
(ppm): Barium-100; Cadmium-1;
Chromium-5; Cyanide-33.6, Lead-5;
and Nickel-70.3. These metal and
cyanide concentrations must be
measured in the waste leachate
obtained by the method specified
in 40 CFR 261.24, except that for
cyanide, deionized water must be
the leaching medium. Cyanide
concentrations in waste or
leachate must be measured by the
method specified in 40 CFR
268.40, Note 7.
(2) Annual Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A, (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
Methods must meet Performance
Based Measurement System Criteria
in which the Data Quality
Objectives are to demonstrate
that representative samples of
the BMW Sludge meet the delisting
levels in Condition (1). (A)
Annual Verification Testing: BMW
must implement an annual testing
program to demonstrate that
constituent concentrations
measured in the TCLP extract do
not exceed the delisting levels
established in Condition (1).
(3) Waste Holding and Handling:
BMW must hold sludge containers
utilized for verification
sampling until composite sample
results are obtained. If the
levels of constituents measured
in the composite samples of BMW
Sludge do not exceed the levels
set forth in Condition (1), then
the BMW Sludge is non-hazardous
and must be managed in accordance
with all applicable solid waste
regulations. If constituent
levels in a composite sample
exceed any of the delisting
levels set forth in Condition
(1), the batch of BMW Sludge
generated during the time period
corresponding to this sample must
be managed and disposed of in
accordance with Subtitle C of
RCRA.
(4) Changes in Operating
Conditions: BMW must notify EPA
in writing when significant
changes in the manufacturing or
wastewater treatment processes
are implemented. EPA will
determine whether these changes
will result in additional
constituents of concern. If so,
EPA will notify BMW in writing
that the BMW Sludge must be
managed as hazardous waste F019
until BMW has demonstrated that
the wastes meet the delisting
levels set forth in Condition (1)
and any levels established by EPA
for the additional constituents
of concern, and BMW has received
written approval from EPA. If EPA
determines that the changes do
not result in additional
constituents of concern, EPA will
notify BMW, in writing, that BMW
must verify that the BMW Sludge
continues to meet Condition (1)
delisting levels.
(5) Data Retention: Records of
analytical data from Condition
(2) must be compiled, summarized,
and maintained by BMW for a
minimum of three years, and must
be furnished upon request by EPA
or the State of South Carolina,
and made available for
inspection. Failure to maintain
the required records for the
specified time will be considered
by EPA, at its discretion,
sufficient basis to revoke the
exclusion to the extent directed
by EPA. All data must be
accompanied by a signed copy of
the certification statement in 40
CFR 260.22(i)(12).
[[Page 181]]
(6) Reopener Language: (A) If, at
any time after disposal of the
delisted waste, BMW possesses or
is otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified in the
delisting verification testing is
at a level higher than the
delisting level allowed by EPA in
granting the petition, BMW must
report the data, in writing, to
EPA and South Carolina within 10
days of first possessing or being
made aware of that data. (B) If
the testing of the waste, as
required by Condition (2)(A),
does not meet the delisting
requirements of Condition (1),
BMW must report the data, in
writing, to EPA and South
Carolina within 10 days of first
possessing or being made aware of
that data. (C) Based on the
information described in
paragraphs (6)(A) or (6)(B) and
any other information received
from any source, EPA will make a
preliminary determination as to
whether the reported information
requires that EPA take action to
protect human health or the
environment. Further action may
include suspending or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment. (D) If EPA
determines that the reported
information does require Agency
action, EPA will notify the
facility in writing of the action
believed necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing BMW
with an opportunity to present
information as to why the
proposed action is not necessary.
BMW shall have 10 days from the
date of EPA's notice to present
such information. (E) Following
the receipt of information from
BMW, as described in paragraph
(6)(D), or if no such information
is received within 10 days, EPA
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment, given the
information received in
accordance with paragraphs (6)(A)
or (6)(B). Any required action
described in EPA's determination
shall become effective
immediately, unless EPA provides
otherwise.
(7) Notification Requirements: BMW
must provide a one-time written
notification to any State
Regulatory Agency in a State to
which or through which the
delisted waste described above
will be transported, at least 60
days prior to the commencement of
such activities. Failure to
provide such a notification will
result in a violation of the
delisting conditions and a
possible revocation of the
decision to delist.
Boeing Commercial Auburn, Residually contaminated soils in
Airplane Co.. Washington. an inactive sludge pile
containment area on March 27,
1990, previously used to store
wastewater treatment sludges
generated from electroplating
operations (EPA Hazardous Waste
No. F006).
Bommer Industries Landrum, SC...... Wastewater treatment sludges (EPA
Inc.. Hazardous Waste No. F006)
generated from their
electroplating operations and
contained in evaporation ponds
1 and 2 on
August 12, 1987.
BWX] Technologies Lynchburg, VA.... Wastewater treatment sludge from
electroplating operations (EPA
Hazardous Waste No. F006)
generated at a maximum annual
rate of 500 cubic yards per year,
after January 14, 2000, and
disposed of in a Subtitle D
landfill. BWX Technologies must
meet the following conditions for
the exclusion to be valid:
(1) Delisting Levels: All
leachable concentrations for the
following constituents measure
using the SW-846 method 1311 (the
TCLP) must not exceed the
following levels (mg/l). (a)
Inorganic constituents--Antimony-
0.6; Arsenic-5.0; Barium-100;
Beryllium-0.4; Cadmium-0.5;
Chromium-5.0; Cobalt-210; Copper-
130; Lead-1.5; Mercury-0.2;
Nickel-70; Silver-5.0; Thallium-
0.2; Tin-2100; Zinc-1000;
Fluoride-400. (b) Organic
constituents--Acetone-400;
Methylene Chloride-0.5.
(2) Verification testing schedule:
BWX Technologies must analyze a
representative sample of the
filter cake from the pickle acid
treatment system on an annual,
calendar year basis using methods
with appropriate detection levels
and quality control procedures.
If the level of any constituent
measured in the sample of filter
cake exceeds the levels set forth
in Paragraph 1, then the waste is
hazardous and must be managed in
accordance with Subtitle C of
RCRA. Data from the annual
verification testing must be
submitted to EPA within 60 days
of the sampling event.
(3) Changes in Operating
Conditions: If BWX Technologies
significantly changes the
manufacturing or treatment
process described in the
petition, or the chemicals used
in the manufacturing or treatment
process, BWX Technologies may not
manage the filter cake generated
from the new process under this
exclusion until it has met the
following conditions: (a) BWX
Technologies must demonstrate
that the waste meets the
delisting levels set forth in
Paragraph 1; (b) it must
demonstrate that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced into the manufacturing
or treatment process: and (c) it
must obtain prior written
approval from EPA to manage the
waste under this exclusion.
(4) Data Submittals: The data
obtained under Paragraphs 2 and 3
must be submitted to The Waste
and Chemicals Management
Division, U.S. EPA Region III,
1650 Arch Street, Philadelphia,
PA 19103. Records of operating
conditions and analytical data
must be compiled, summarized, and
maintained on site for a minimum
of five years and must be
furnished upon request by EPA or
the Commonwealth of Virginia, and
made available for inspection.
Failure to submit the required
data within the specified time
period or to maintain the
required records on site for the
specified time period will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent determined necessary by
EPA. All data must be accompanied
by a signed copy of the
certification statement set forth
in 40 CFR 260.22(i)(12) to attest
to the truth and accuracy of the
data submitted.
[[Page 182]]
(5) Reopener:
(a) If BWX Technologies discovers
that a condition at the facility
or an assumption related to the
disposal of the excluded waste
that was modeled or predicted in
the petition does not occur as
modeled or predicted, then BWX
Technologies must report any
information relevant to that
condition, in writing, to the
Regional Administrator or his
delegate within 10 days of
discovering that condition.
(b) Upon receiving information
described in paragraph (a) of
this section, regardless of its
source, the Regional
Administrator or his delegate
will determine whether the
reported condition requires
further action. Further action
may include repealing the
exclusion, modifying the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(6) Notification Requirements: BWX
Technologies must provide a one-
time written notification to any
State Regulatory Agency to which
or through which the delisted
waste described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
be deemed to be a violation of
this exclusion and may result in
a revocation of the decision.
Capitol Products Harrisburg, PA... Dewatered wastewater treatment
Corp.. sludges (EPA Hazardous Waste No.
FO19) generated from the chemical
conversion coating of aluminum
after September 12, 1986.
Capitol Products Kentland, IN..... Dewatered wastewater treatment
Corporation. sludges (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after November 17, 1986.
Care Free Charlotte, Wastewater treatment sludge (EPA
Aluminum Michigan. Hazardous Waste No. F019)
Products, Inc.. generated from the chemical
conversion coating of aluminum
(generated at a maximum annual
rate of 100 cubic yards), after
August 21, 1992. In order to
confirm that the characteristics
of the waste do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
for the constituents listed in
Sec. 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to Sec. 260.22(i)(12),
maintained on-site for a minimum
of five years, and made available
for inspection upon request by
any employee or representative of
EPA or the State of Michigan.
Failure to maintain the required
records on-site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.
Chamberlian- Hot Springs, AR.. Dewatered wastewater treatment
Featherlite, sludges (EPA Hazardous Waste No.
Inc.. F019) generated from the chemical
conversion coating of aluminum
after July 16, 1986.
Chrysler Group Sterling Heights, Wastewater treatment sludges,
LLC at the Old Michigan. F019, that are generated at Old
Carco LLC Carco LLC's Sterling Heights
Sterling Heights Assembly Plant, (SHAP), Sterling
Assembly Plant. Heights, Michigan by Chrysler
Group LLC at a maximum annual
rate of 3,000 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 November 6, 2009.
1. Delisting Levels: The
concentrations in a leachate
extract of the waste measured in
any sample must not exceed the
following levels (mg/L): arsenic--
0.22; nickel--67.8; benzene--
0.057; hexachlorobenzene--
0.0000724; naphthalene--0.00822;
and pentachlorophenol--0.00607.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, Chrysler Group LLC or Old
Carco LLC must collect and
analyze one representative sample
of the waste on a quarterly
basis. Sample collection and
analyses, including quality
control procedures, must be
performed using appropriate
methods. SW-846 Method 1311 must
be used for generation of the
leachate extract used in the
testing of the delisting levels
if oil and grease comprise less
than 1% of the waste. SW-846
Method 1330A must be used for
generation of the leaching
extract if oil and grease
comprise 1% or more of the waste.
SW-846 Method 9071B must be used
for determination of oil and
grease. SW-846 Methods 1311,
1330A, and 9071B are incorporated
by reference in 40 CFR 260.11.
3. Changes in Operating
Conditions: Chrysler Group LLC or
Old Carco LLC 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.
Chrysler Group LLC or Old Carco
LLC must handle wastes generated
after the process change as
hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in Appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
[[Page 183]]
4. Data Submittals: Chrysler Group
LLC or Old Carco LLC 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. Chrysler Group LLC or
Old Carco LLC must compile,
summarize and maintain on site
for a minimum of five years
records of operating conditions
and analytical data. Chrysler
Group LLC or Old Carco LLC 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 Chrysler Group LLC
or Old Carco LLC 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 Chrysler Group LLC or Old
Carco LLC 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
Chrysler Group LLC or Old Carco
LLC 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 Chrysler
Group LLC or Old Carco LLC with
an opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. Chrysler
Group LLC or Old Carco LLC shall
have 30 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 30 days Chrysler
Group LLC or Old Carco LLC
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--4.87; nickel--750;
benzene--2.5; hexachlorobenzene--
0.00168; naphthalene--245; and
pentachlorophenol--0.071.
Cincinnati Cincinnati, OH... Sluiced bottom ash (approximately
Metropolitan 25,000 cubic yards) contained in
Sewer District. the South Lagoon, on September
13, 1985 which contains EPA
Hazardous Waste Nos. F001, F002,
F003, F004, and F005.
Clay Equipment Cedar Falls, Iowa Dewatered wastewater treatment
Corporation. sludges (EPA Hazardous Waste No.
F006) and spent cyanide bath
solutions (EPA Hazardous Waste
No. F009) generated from
electroplating operations and
disposed of in an on-site surface
impoundment. This is a onetime
exclusion. This exclusion was
published on August 1, 1989.
Continental Can Olympia, WA...... Dewatered wastewater treatment
Co.. sludges (DPA Hazardous Waste No.
FO19) generated from the chemical
conversion coating of aluminum
after September 12, 1986.
Cooper Crouse- Amarillo, TX..... Wastewater Treatment Sludge
Hinds. (Hazardous Waste No. F006)
generated at a maximum annual
rate of 816 cubic yards per
calendar year after April 15,
2009 and disposed in Subtitle D
Landfill.
For the exclusion to be valid,
Cooper Crouse-Hinds 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.
WWTP Sludge Leachable
Concentrations (mg/l):
(i) Inorganic Constituents:
Arsenic-0.0759; Barium-100;
Cadmium-0.819; Copper-216;
Iron-1.24; Manganese-145;
Nickel-119; Zinc-18.
(ii) Organic Constituents:
Benzene-0.5.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set in
paragraph (1) for WWTP sludge has
occurred for two consecutive
quarterly sampling events.
(B) If constituent levels in any
sample taken by Cooper Crouse-
Hinds exceed any of the delisting
levels set in paragraph (1) for
the WWTP sludge, Cooper Crouse-
Hinds must do the following:
(i) Notify EPA in accordance
with paragraph (6) and
(ii) Manage and dispose WWTP
sludge as hazardous waste
generated under Subtitle C of
RCRA.
[[Page 184]]
(3) Testing Requirements:
Upon this exclusion becoming
final, Cooper Crouse-Hinds may
perform quarterly analytical
testing by sampling and analyzing
the WWTP sludge as follows:
(A) Quarterly Testing:
(i) Collect two representative
composite samples of the
sludge 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.
(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 sludge
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, Cooper
Crouse-Hinds will report its
first quarterly analytical
test data to EPA. If levels of
constituents measured in the
samples of the sludge do not
exceed the levels set forth in
paragraph (1) of this
exclusion for two consecutive
quarters, Cooper Crouse-Hinds
can manage and dispose the non-
hazardous WWTP sludge
according to all applicable
solid waste regulations.
(B) Annual Testing:
(i) If Cooper Crouse-Hinds
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 paragr