[Title 40 CFR I]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION]
[Subchapter I - SOLID WASTES (Continued)]
[From the U.S. Government Publishing Office]
40
PROTECTION OF ENVIRONMENT
13
1996-07-01
1996-07-01
false
SOLID WASTES (Continued)
I
SUBCHAPTER I
PROTECTION OF ENVIRONMENT
ENVIRONMENTAL PROTECTION
SUBCHAPTER I--SOLID WASTES (Continued)
PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL--Table of Contents
Subpart A--General
Sec.
260.1 Purpose, scope, and applicability.
260.2 Availability of information; confidentiality of information.
260.3 Use of number and gender.
Subpart B--Definitions
260.10 Definitions.
260.11 References.
Subpart C--Rulemaking Petitions
260.20 General.
260.21 Petitions for equivalent testing or analytical methods.
260.22 Petitions to amend part 261 to exclude a waste produced at a
particular facility.
260.23 Petitions to amend 40 CFR part 273 to include additional
hazardous wastes.
260.30 Variances from classification as a solid waste.
260.31 Standards and criteria for variances from classification as a
solid waste.
260.32 Variances to be classified as a boiler.
260.33 Procedures for variances from classification as a solid waste or
to be classified as a boiler.
260.40 Additional regulation of certain hazardous waste recycling
activities on a case-by-case basis.
260.41 Procedures for case-by-case regulation of hazardous waste
recycling activities.
Appendix I to Part 260--Overview of Subtitle C Regulations
Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935,
6937, 6938, 6939, and 6974.
Source: 45 FR 33073, May 19, 1980, unless otherwise noted.
Effective Date Note: The reporting or recordkeeping provisions
included in the final rule published at 47 FR 32274, July 26, 1982, will
be submitted for approval to the Office of Management and Budget (OMB),
and will not become effective until OMB approval has been obtained. EPA
will publish a notice of the effective date of the reporting and
recordkeeping provisions of this rule after it obtains OMB approval.
Subpart A--General
Sec. 260.1 Purpose, scope, and applicability.
(a) This part provides definitions of terms, general standards, and
overview information applicable to parts 260 through 265 and 268 of this
chapter.
(b) In this part: (1) Section 260.2 sets forth the rules that EPA
will use in making information it receives available to the public and
sets forth the requirements that generators, transporters, or owners or
operators of treatment, storage, or disposal facilities must follow to
assert claims of business confidentiality with respect to information
that is submitted to EPA under parts 260 through 265 and 268 of this
chapter.
(2) Section 260.3 establishes rules of grammatical construction for
parts 260 through 265 and 268 of this chapter.
(3) Section 260.10 defines terms which are used in parts 260 through
265 and 268 of this chapter.
(4) Section 260.20 establishes procedures for petitioning EPA to
amend, modify, or revoke any provision of parts 260 through 265 and 268
of this chapter and establishes procedures governing EPA's action on
such petitions.
(5) Section 260.21 establishes procedures for petitioning EPA to
approve testing methods as equivalent to those prescribed in parts 261,
264, or 265 of this chapter.
(6) Section 260.22 establishes procedures for petitioning EPA to
amend subpart D of part 261 to exclude a waste from a particular
facility.
[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986]
Sec. 260.2 Availability of information; confidentiality of information.
(a) Any information provided to EPA under parts 260 through 265 and
268 of this chapter will be made available to the public to the extent
and in the manner authorized by the Freedom of Information Act, 5 U.S.C.
section 552,
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section 3007(b) of RCRA and EPA regulations implementing the Freedom of
Information Act and section 3007(b), part 2 of this chapter, as
applicable.
(b) Any person who submits information to EPA in accordance with
parts 260 through 266 and 268 of this chapter may assert a claim of
business confidentiality covering part or all of that information by
following the procedures set forth in Sec. 2.203(b) of this chapter.
Information covered by such a claim will be disclosed by EPA only to the
extent, and by means of the procedures, set forth in part 2, subpart B,
of this chapter except that information required by Sec. 262.53(a) and
Sec. 262.83 that is submitted in a notification of intent to export a
hazardous waste will be provided to the U.S. Department of State and the
appropriate authorities in the transit and receiving or importing
countries regardless of any claims of confidentiality. However, if no
such claim accompanies the information when it is received by EPA, it
may be made available to the public without further notice to the person
submitting it.
[45 FR 33073, May 19, 1980, as amended at 51 FR 28682, Aug. 8, 1986; 51
FR 40636, Nov. 7, 1986; 61 FR 16309, Apr. 12, 1996]
Effective Date Note: At 61 FR 16309, Apr. 12, 1996, Sec. 260.2(b)
was revised, effective July 11, 1996. For the convenience of the reader,
the superseded text is set out as follows:
260.2 Availability of information; confidentiality of information.
* * * * *
(b) Any person who submits information to EPA in accordance with
parts 260 through 266 and 268 of this chapter may assert a claim of
business confidentiality covering part or all of that information by
following the procedures set forth in Sec. 2.203(b) of this chapter.
Information covered by such a claim will be disclosed by EPA only to the
extent, and by means of the procedures, set forth in part 2, subpart B,
of this chapter except that information required by Sec. 262.53(a) which
is submitted in notification of intent to export a hazardous waste will
be provided to the Department of State and the appropriate authorities
in a receiving country 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.
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 266, 268, and 270 through 273 of this
chapter, the following terms have the meanings given below:
When used in parts 260 through 266 and 268 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
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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.
Boiler means an enclosed device using controlled flame combustion
and having the following characteristics:
(1)(i) The unit must have physical provisions for recovering and
exporting thermal energy in the form of steam, heated fluids, or heated
gases; and
(ii) The unit's combustion chamber and primary energy recovery
sections(s) must be of integral design. To be of integral design, the
combustion chamber and the primary energy recovery section(s) (such as
waterwalls and superheaters) must be physically formed into one
manufactured or assembled unit. A unit in which the combustion chamber
and the primary energy recovery section(s) are joined only by ducts or
connections carrying flue gas is not integrally designed; however,
secondary energy recovery equipment (such as economizers or air
preheaters) need not be physically formed into the same unit as the
combustion chamber and the primary energy recovery section. The
following units are not precluded from being boilers solely because they
are not of integral design: process heaters (units that transfer energy
directly to a process stream), and fluidized bed combustion units; and
(iii) While in operation, the unit must maintain a thermal energy
recovery efficiency of at least 60 percent, calculated in terms of the
recovered energy compared with the thermal value of the fuel; and
(iv) The unit must export and utilize at least 75 percent of the
recovered energy, calculated on an annual basis. In this calculation, no
credit shall be given for recovered heat used internally in the same
unit. (Examples of internal use are the preheating of fuel or combustion
air, and the driving of induced or forced draft fans or feedwater
pumps); or
(2) The unit is one which the Regional Administrator has determined,
on a case-by-case basis, to be a boiler, after considering the standards
in Sec. 260.32.
Carbon regeneration unit means any enclosed thermal treatment device
used to regenerate spent activated carbon.
Certification means a statement of professional opinion based upon
knowledge and belief.
Closed portion means that portion of a facility which an owner or
operator has closed in accordance with the approved facility closure
plan and all applicable closure requirements. (See also ``active
portion'' and ``inactive portion''.)
Component means either the tank or ancillary equipment of a tank
system.
Confined aquifer means an aquifer bounded above and below by
impermeable beds or by beds of distinctly lower permeability than that
of the aquifer itself; an aquifer containing confined ground water.
Container means any portable device in which a material is stored,
transported, treated, disposed of, or otherwise handled.
Containment building means a hazardous waste management unit that is
used to store or treat hazardous waste under the provisions of subpart
DD of parts 264 or 265 of this chapter.
Contingency plan means a document setting out an organized, planned,
and coordinated course of action to be followed in case of a fire,
explosion, or release of hazardous waste or hazardous
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waste constituents which could threaten human health or the environment.
Corrective action management unit or CAMU means an area within a
facility that is designated by the Regional Administrator under part 264
subpart S, for the purpose of implementing corrective action
requirements under Sec. 264.101 and RCRA section 3008(h). A CAMU shall
only be used for the management of remediation wastes pursuant to
implementing such corrective action requirements at the facility.
Corrosion expert means a person who, by reason of his knowledge of
the physical sciences and the principles of engineering and mathematics,
acquired by a professional education and related practical experience,
is qualified to engage in the practice of corrosion control on buried or
submerged metal piping systems and metal tanks. Such a person must be
certified as being qualified by the National Association of Corrosion
Engineers (NACE) or be a registered professional engineer who has
certification or licensing that includes education and experience in
corrosion control on buried or submerged metal piping systems and metal
tanks.
Designated facility means a hazardous waste treatment, storage, or
disposal facility which (1) has received a permit (or interim status) in
accordance with the requirements of parts 270 and 124 of this chapter,
(2) has received a permit (or interim status) from a State authorized in
accordance with part 271 of this chapter, or (3) is regulated under
Sec. 261.6(c)(2) or subpart F of part 266 of this chapter, and (4) that
has been designated on the manifest by the generator pursuant to
Sec. 260.20. If a waste is destined to a facility in an authorized State
which has not yet obtained authorization to regulate that particular
waste as hazardous, then the designated facility must be a facility
allowed by the receiving State to accept such waste.
Destination facility means a facility that treats, disposes of, or
recycles a particular category of universal waste, except those
management activities described in paragraphs (a) and (c) of
Secs. 273.13 and 273.33 of this chapter. A facility at which a
particular category of universal waste is only accumulated, is not a
destination facility for purposes of managing that category of universal
waste.
Dike means an embankment or ridge of either natural or man-made
materials used to prevent the movement of liquids, sludges, solids, or
other materials.
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.
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EPA identification number means the number assigned by EPA to each
generator, transporter, and treatment, storage, or disposal facility.
EPA region means the states and territories found in any one of the
following ten regions:
Region I--Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and
Rhode Island.
Region II--New York, New Jersey, Commonwealth of Puerto Rico, and the
U.S. Virgin Islands.
Region III--Pennsylvania, Delaware, Maryland, West Virginia, Virginia,
and the District of Columbia.
Region IV--Kentucky, Tennessee, North Carolina, Mississippi, Alabama,
Georgia, South Carolina, and Florida.
Region V--Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio.
Region VI--New Mexico, Oklahoma, Arkansas, Louisiana, and Texas.
Region VII--Nebraska, Kansas, Missouri, and Iowa.
Region VIII--Montana, Wyoming, North Dakota, South Dakota, Utah, and
Colorado.
Region IX--California, Nevada, Arizona, Hawaii, Guam, American Samoa,
Commonwealth of the Northern Mariana Islands.
Region X--Washington, Oregon, Idaho, and Alaska.
Equivalent method means any testing or analytical method approved by
the Administrator under Secs. 260.20 and 260.21.
Existing hazardous waste management (HWM) facility or existing
facility means a facility which was in operation or for which
construction commenced on or 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.
Facility means:
(1) All contiguous land, and structures, other appurtenances, and
improvements on the land, used for treating, storing, or disposing of
hazardous waste. A facility may consist of several treatment, storage,
or disposal operational units (e.g., one or more landfills, surface
impoundments, or combinations of them).
(2) For the purpose of implementing corrective action under
Sec. 264.101, all contiguous property under the control 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).
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
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facility unless subject to the provisions in Sec. 262.34.
Food-chain crops means tobacco, crops grown for human consumption,
and crops grown for feed for animals whose products are consumed by
humans.
Free liquids means liquids which readily separate from the solid
portion of a waste under ambient temperature and pressure.
Freeboard means the vertical distance between the top of a tank or
surface impoundment dike, and the surface of the waste contained
therein.
Generator means any person, by site, whose act or process produces
hazardous waste identified or listed in part 261 of this chapter or
whose act first causes a hazardous waste to become subject to
regulation.
Ground water means water below the land surface in a zone of
saturation.
Hazardous waste means a hazardous waste as defined in Sec. 261.3 of
this chapter.
Hazardous waste constituent means a constituent that caused the
Administrator to list the hazardous waste in part 261, subpart D, of
this chapter, or a constituent listed in table 1 of Sec. 261.24 of this
chapter.
Hazardous waste management unit is a contiguous area of land on or
in which hazardous waste is placed, or the largest area in which there
is significant likelihood of mixing hazardous waste constituents in the
same area. Examples of hazardous waste management units include a
surface impoundment, a waste pile, a land treatment area, a landfill
cell, an incinerator, a tank and its associated piping and underlying
containment system and a container storage area. A container alone does
not constitute a unit; the unit includes containers and the land or pad
upon which they are placed.
In operation refers to a facility which is treating, storing, or
disposing of hazardous waste.
Inactive portion means that portion of a facility which is not
operated after the effective date of part 261 of this chapter. (See also
``active portion'' and ``closed portion''.)
Incinerator means any enclosed device that:
(1) Uses controlled flame combustion and neither meets the criteria
for classification as a boiler, sludge dryer, or carbon regeneration
unit, nor is listed as an industrial furnace; or
(2) Meets the definition of infrared incinerator or plasma arc
incinerator.
Incompatible waste means a hazardous waste which is unsuitable for:
(1) Placement in a particular device or facility because it may
cause corrosion or decay of containment materials (e.g., container inner
liners or tank walls); or
(2) Commingling with another waste or material under uncontrolled
conditions because the commingling might produce heat or pressure, fire
or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or
flammable fumes or gases.
(See part 265, appendix V, of this chapter for examples.)
Individual generation site means the contiguous site at or on which
one or more hazardous wastes are generated. An individual generation
site, such as a 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
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chemical production facilities where the furnace is located on the site
of a chemical production facility, the acid product has a halogen acid
content of at least 3%, the acid product is used in a manufacturing
process, and, except for hazardous waste burned as fuel, hazardous waste
fed to the furnace has a minimum halogen content of 20% as-generated.
(13) Such other devices as the Administrator may, after notice and
comment, add to this list on the basis of one or more of the following
factors:
(i) The design and use of the device primarily to accomplish
recovery of material products;
(ii) The use of the device to burn or reduce raw materials to make a
material product;
(iii) The use of the device to burn or reduce secondary materials as
effective substitutes for raw materials, in processes using raw
materials as principal feedstocks;
(iv) The use of the device to burn or reduce secondary materials as
ingredients in an industrial process to make a material product;
(v) The use of the device in common industrial practice to produce a
material product; and
(vi) Other factors, as appropriate.
Infrared incinerator means any enclosed device that uses electric
powered resistance heaters as a source of radiant heat followed by an
afterburner using controlled flame combustion and which is not listed as
an industrial furnace.
Inground tank means a device meeting the definition of ``tank'' in
Sec. 260.10 whereby a portion of the tank wall is situated to any degree
within the ground, thereby preventing visual inspection of that external
surface area of the tank that is in the ground.
Injection well means a well into which fluids are injected. (See
also ``underground injection''.)
Inner liner means a continuous layer of material placed inside a
tank or container which protects the construction materials of the tank
or container from the contained waste or reagents used to treat the
waste.
Installation inspector means a person who, by reason of his
knowledge of the physical sciences and the principles of engineering,
acquired by a professional education and related practical experience,
is qualified to supervise the installation of tank systems.
International shipment means the transportation of hazardous waste
into or out of the jurisdiction of the United States.
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.
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Management or hazardous waste management means the systematic
control of the collection, source separation, storage, transportation,
processing, treatment, recovery, and disposal of hazardous waste.
Manifest means the shipping document EPA form 8700-22 and, if
necessary, EPA form 8700-22A, originated and signed by the generator in
accordance with the instructions included in the appendix to part 262.
Manifest document number means the U.S. EPA twelve digit
identification number assigned to the generator plus a unique five digit
document number assigned to the Manifest by the generator for recording
and reporting purposes.
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 40 CFR part 146,
containment building, corrective action management unit, or unit
eligible for research, development, and demonstration permit under
Sec. 270.65.
Movement means that hazardous waste transported to a facility in an
individual vehicle.
New hazardous waste management facility or new facility means a
facility which began operation, or for which construction commenced
after October 21, 1976. (See also ``Existing hazardous waste management
facility''.)
New tank system or new tank component means a tank system or
component that will be used for the storage or treatment of hazardous
waste and for which installation has commenced after July 14, 1986;
except, however, for purposes of Sec. 264.193(g)(2) and
Sec. 265.193(g)(2), a new tank system is one for which construction
commences after July 14, 1986. (See also ``existing tank system.'')
On ground tank means a device meeting the definition of ``tank'' in
Sec. 260.10 and that is situated in such a way that the bottom of the
tank is on the same level as the adjacent surrounding surface so that
the external tank bottom cannot be visually inspected.
On-site means the same or geographically contiguous property which
may be divided by public or private right-of-way, provided the entrance
and exit between the properties is at a cross-roads intersection, and
access is by crossing as opposed to going along, the right-of-way. Non-
contiguous properties owned by the same person but connected by a right-
of-way which he controls and to which the public does not have access,
is also considered on-site property.
Open burning means the combustion of any material without the
following characteristics:
(1) Control of combustion air to maintain adequate temperature for
efficient combustion,
(2) Containment of the combustion-reaction in an enclosed device to
provide sufficient residence time and mixing for complete combustion,
and
(3) Control of emission of the gaseous combustion products.
(See also ``incineration'' and ``thermal treatment''.)
Operator means the person responsible for the overall operation of a
facility.
Owner means the person who owns a facility or part of a facility.
Partial closure means the closure of a hazardous waste management
unit in accordance with the applicable closure requirements of parts 264
and 265 of this chapter at a facility that contains other active
hazardous waste management units. For example, partial closure may
include the closure of a tank (including its associated piping and
underlying containment systems), landfill cell, surface impoundment,
waste pile, or other hazardous waste management unit, while other units
of the same facility continue to operate.
Person means an individual, trust, firm, joint stock company,
Federal Agency, corporation (including a government corporation),
partnership, association, State, municipality, commission, political
subdivision of a State, or any interstate body.
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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 groundwater, surface water, soils, and sediments) and
debris, which contain listed hazardous wastes or which themselves
exhibit a hazardous waste characteristic, that are managed for the
purpose of implementing corrective action requirements under
Sec. 264.101 and RCRA section 3008(h). For a given facility, remediation
wastes may originate only from within the facility boundary, but may
include waste managed in implementing RCRA sections 3004(v) or 3008(h)
for releases beyond the facility boundary.
Replacement unit means a landfill, surface impoundment, or waste
pile unit (1) from which all or substantially all of the waste is
removed, and (2) that is subsequently reused to treat, store, or dispose
of hazardous waste. ``Replacement unit'' does not apply to a unit from
which waste is removed during closure, if the subsequent reuse solely
involves the disposal of waste from that unit and other closing units or
corrective action areas at the facility, in accordance with an approved
closure plan or EPA or State approved corrective action.
Representative sample means a sample of a universe or whole (e.g.,
waste pile, lagoon, ground water) which can be expected to exhibit the
average properties of the universe or whole.
Run-off means any rainwater, leachate, or other liquid that drains
over land from any part of a facility.
Run-on means any rainwater, leachate, or other liquid that drains
over land onto any part of a facility.
[[Page 14]]
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.
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.
Thermal treatment means the treatment of hazardous waste in a device
which uses elevated temperatures as the primary means to change the
chemical, physical, or biological character or composition of the
hazardous waste. Examples of thermal treatment processes are
incineration, molten salt, pyrolysis, calcination, wet air oxidation,
and microwave discharge. (See also ``incinerator'' and ``open
burning''.)
Thermostat means a temperature control device that contains metallic
mercury in an ampule attached to a bimetal sensing element, and mercury-
containing ampules that have been removed from these temperature control
devices in compliance with the requirements of 40 CFR 273.13(c)(2) or
273.33(c)(2).
Totally enclosed treatment facility means a facility for the
treatment of hazardous waste which is directly connected to an
industrial production process and which is constructed and operated in a
manner which prevents the release of any hazardous waste or any
constituent thereof into the environment during treatment. An example is
a pipe in which waste acid is neutralized.
Transfer facility means any transportation related facility
including loading docks, parking areas, storage areas and other similar
areas where shipments of hazardous waste are held during the normal
course of transportation.
[[Page 15]]
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.
Unsaturated zone or zone of aeration means the zone between the land
surface and the water table.
United States means the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
Universal Waste means any of the following hazardous wastes that are
managed under the universal waste requirements of 40 CFR part 273:
(1) Batteries as described in 40 CFR 273.2;
(2) Pesticides as described in 40 CFR 273.3; and
(3) Thermostats as described in 40 CFR 273.4.
Universal Waste Handler:
(1) Means:
(i) A generator (as defined in this section) of universal waste; or
(ii) The owner or operator of a facility, including all contiguous
property, that receives universal waste from other universal waste
handlers, accumulates universal waste, and sends universal waste to
another universal waste handler, to a destination facility, or to a
foreign destination.
(2) Does not mean:
(i) A person who treats (except under the provisions of 40 CFR
273.13 (a) or (c), or 273.33 (a) or (c)), disposes of, or recycles
universal waste; or
(ii) A person engaged in the off-site transportation of universal
waste by air, rail, highway, or water, including a universal waste
transfer facility.
Universal Waste Transporter means a person engaged in the off-site
transportation of universal waste by air, rail, highway, or water.
Uppermost aquifer means the geologic formation nearest the natural
ground surface that is an aquifer, as well as lower aquifers that are
hydraulically
[[Page 16]]
interconnected with this aquifer within the facility's property
boundary.
Used oil means any oil that has been refined from crude oil, or any
synthetic oil, that has been used and as a result of such use in
contaminated by physical or chemical impurities.
Vessel includes every description of watercraft, used or capable of
being used as a means of transportation on the water.
Wastewater treatment unit means a device which:
(1) Is part of a wastewater treatment facility that is subject to
regulation under either section 402 or 307(b) of the Clean Water Act;
and
(2) Receives and treats or stores an influent wastewater that is a
hazardous waste as defined in Sec. 261.3 of this chapter, or that
generates and accumulates a wastewater treatment sludge that is a
hazardous waste as defined in Sec. 261.3 of this chapter, or treats or
stores a wastewater treatment sludge which is a hazardous waste as
defined in Sec. 261.3 of this Chapter; and
(3) Meets the definition of tank or tank system in Sec. 260.10 of
this chapter.
Water (bulk shipment) means the bulk transportation of hazardous
waste which is loaded or carried on board a vessel without containers or
labels.
Well means any shaft or pit dug or bored into the earth, generally
of a cylindrical form, and often walled with bricks or tubing to prevent
the earth from caving in.
Well injection: (See ``underground injection''.)
Zone of engineering control means an area under the control of the
owner/operator that, upon detection of a hazardous waste release, can be
readily cleaned up prior to the release of hazardous waste or hazardous
constituents to ground water or surface water.
[45 FR 33073, May 19, 1980]
Editorial Note: For Federal Register citations affecting
Sec. 260.10, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 260.11 References.
(a) When used in parts 260 through 270 of this chapter, the
following publications are incorporated by reference:
``ASTM Standard Test Methods for Flash Point of Liquids by Setaflash
Closed Tester,'' ASTM Standard D-3278-78, available from American
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA
19103.
``ASTM Standard Test Methods for Flash Point by Pensky-Martens Closed
Tester,'' ASTM Standard D-93-79 or D-93-80. D-93-80 is available from
American Society for Testing and Materials, 1916 Race Street,
Philadelphia, PA 19103.
``ASTM Standard Method for Analysis of Reformed Gas by Gas
Chromatography,'' ASTM Standard D 1946-82, available from American
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA
19103.
``ASTM Standard Test Method for Heat of Combustion of Hydrocarbon Fuels
by Bomb Calorimeter (High-Precision Method),'' ASTM Standard D 2382-83,
available from American Society for Testing and Materials, 1916 Race
Street, Philadelphia, PA 19103.
``ASTM Standard Practices for General Techniques of Ultraviolet-Visible
Quantitative Analysis,'' ASTM Standard E 169-87, available from American
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA
19103.
``ASTM Standard Practices for General Techniques of Infrared
Quantitative Analysis,'' ASTM Standard E 168-88, available from American
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA
19103.
``ASTM Standard Practice for Packed Column Gas Chromatography,'' ASTM
Standard E 260-85, available from American Society for Testing and
Materials, 1916 Race Street, Philadelphia, PA 19103.
``ASTM Standard Test Method for Aromatics in Light Naphthas and Aviation
Gasolines by Gas Chromatography,'' ASTM Standard D 2267-88, available
from American Society for Testing and Materials, 1916 Race Street,
Philadelphia, PA 19103.
``ASTM Standard Test Method for Vapor Pressure-Temperature Relationship
and Initial Decomposition Temperature of Liquids by Isoteriscope,'' ASTM
Standard D 2879-86, available from American Society for Testing and
Materials, 1916 Race Street, Philadelphia, PA 19103.
``APTI Course 415: Control of Gaseous Emissions,'' EPA Publication EPA-
450/2-81-005, December 1981, available from National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
``Flammable and Combustible Liquids Code'' (1977 or 1981), available
from the National Fire Protection Association, 470 Atlantic Avenue,
Boston, MA 02210.
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
EPA Publication SW-846 [Third Edition (November,
[[Page 17]]
1986), as amended by Updates I (July, 1992), II (September, 1994), IIA
(August, 1993), and IIB (January, 1995)]. The Third Edition of SW-846
and Updates I, II, IIA, and IIB (document number 955-001-00000-1) are
available from the Superintendent of Documents, U.S. Government Printing
Office, Washington, DC 20402, (202) 512-1800. Copies may be inspected at
the Library, U.S. Environmental Protection Agency, 401 M Street, SW,
Washington, DC 20460.
``Screening Procedures for Estimating the Air Quality Impact of
Stationary Sources, Revised'', October 1992, EPA Publication No. EPA-
450/R-92-019, Environmental Protection Agency, Research Triangle Park,
NC.
``ASTM Standard Test Methods for Preparing Refuse-Derived Fuel (RDF)
Samples for Analyses of Metals,'' ASTM Standard E926-88, Test Method C--
Bomb, Acid Digestion Method, available from American Society for Testing
Materials, 1916 Race Street, Philadelphia, PA 19103.
``API Publication 2517, Third Edition'', February 1989, ``Evaporative
Loss from External Floating-Roof Tanks,'' available from the American
Petroleum Institute, 1220 L Street, Northwest, Washington, DC 20005.
``ASTM Standard Test Method for Vapor Pressure--Temperature Relationship
and Initial Decomposition Temperature of Liquids by Isoteniscope,'' ASTM
Standard D 2879-92, available from American Society for Testing and
Materials (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103;
0010 Modified Method 5 Sampling Train
0020 Source Assessment Sampling System (SASS)
0030 Volatile Organic Sampling Train
1320 Multiple Extraction Procedure
1330 Extraction Procedure for Oily Wastes
3611 Alumina Column Cleanup and Separation of Petroleum Wastes
5040 Protocol for Analysis of Sorbent Cartridges from Volatile Organic
Sampling Train
6010 Inductively Coupled Plasma Atomic Emission Spectroscopy
7090 Beryllium (AA, Direct Aspiration)
7091 Beryllium (AA, Furnace Technique)
7198 Chromium, Hexavalent (Differential Pulse Polarography)
7210 Copper (AA, Direct Aspiration)
7211 Copper (AA, Furnace Technique)
7380 Iron (AA, Direct Aspiration)
7381 Iron (AA, Furnace Technique)
7460 Manganese (AA, Direct Aspiration)
7461 Manganese (AA, Furnace Technique)
7550 Osmium (AA, Direct Aspiration)
7770 Sodium (AA, Direct Aspiration)
7840 Thallium (AA, Direct Aspiration)
7841 Thallium (AA, Furnace Technique)
7910 Vanadium (AA, Direct Aspiration)
7911 Vanadium (AA, Furnace Technique)
7950 Zinc (AA, Direct Aspiration)
7951 Zinc (AA, Furnace Technique)
9022 Total Organic Halides (TOX) by Neutron Activation Analysis
9035 Sulfate (Colorimetric, Automated, Chloranilate)
9036 Sulfate (Colorimetric, Automated, Methylthymol Blue, AA II)
9038 Sulfate (Turbidimetric)
9060 Total Organic Carbon
9065 Phenolics (Spectrophotometric, Manual 4-AAP with Distillation)
9066* Phenolics (Colorimetric, Automated 4-AAP with Distillation)
9067 Phenolics (Spectrophotometric, MBTH with Distillation)
9070 Total Recoverable Oil and Grease (Gravimetric, Separatory Funnel
Extraction)
9071 Oil and Grease Extraction Method for Sludge Samples
9080 Cation-Exchange Capacity of Soils (Ammonium Acetate)
9081 Cation-Exchange Capacity of Soils (Sodium Acetate)
9100 Saturated Hydraulic Conductivity, Saturated Leachate Conductivity,
and Intrinsic Permeability
9131 Total Coliform: Multiple Tube Fermentation Technique
9132 Total Coliform: Membrane Filter Technique
9200 Nitrate
9250 Chloride (Colorimetric, Automated Ferricyanide AAI)
9251 Chloride (Colorimetric, Automated Ferricyanide AAII)
9252 Chloride (Titrimetric, Mercuric Nitrate)
9310 Gross Alpha and Gross Beta
9315 Alpha-Emitting Radium Isotopes
9320 Radium-228
*When Method 9066 is used it must be preceded by the manual
distillation specified in procedure 7.1 of Method 9065. Just prior to
distillation in Method 9065, adjust the sulfuric acid-preserved sample
to pH 4 with 1 + 9 NaOH. After the manual distillation is completed, the
autoanalyzer manifold is simplified by connecting the re-sample line
directly to the sampler.
(b) The references listed in paragraph (a) of this section are also
available for inspection at the Office of the Federal Register, 800
North Capitol Street, NW., Suite 700, Washington, DC. These
incorporations by reference were approved by the Director of the Federal
Register. These materials are incorporated as they exist on the date of
approval and a notice of any change in
[[Page 18]]
these materials will be published in the Federal Register.
[46 FR 35247, July 7, 1981, as amended at 50 FR 18374, Apr. 30, 1985; 52
FR 8073, Mar. 16, 1987; 52 FR 41295, Oct. 27, 1987; 54 FR 40266, Sept.
29, 1989; 55 FR 8949, Mar. 9, 1990; 55 FR 25493, June 21, 1990; 56 FR
7206, Feb. 21, 1991; 58 FR 38883, July 20, 1993; 58 FR 46049, Aug. 31,
1993; 59 FR 468, Jan. 4, 1994; 59 FR 28484, June 2, 1994; 59 FR 62926,
Dec. 6, 1994; 60 FR 17004, Apr. 4, 1995]
Effective Date Note: At 59 FR 62926, Dec. 6, 1994, Sec. 260.11
paragraph (a) was amended by adding the references for ``API Publication
2517'' and ``ASTM Standard Test Method for Vapor Pressure,'' and (b) was
amended by revising the first sentence. At 60 FR 26828, May 19, 1995,
the effective date was delayed to December 6, 1995; at 60 FR 56952, Nov.
13, 1995, the effective date was delayed to June 6, 1996; and at 61 FR
28508, June 5, 1996, the effective date was further delayed to October
6, 1996. For the convenience of the reader, the superseded material is
set forth as follows:
Sec. 260.11 References.
* * * * *
(b) The references listed in paragraph (a) of this section are also
available for inspection at the Office of the Federal Register, 1100 L
Street, NW., Washington, DC 20408.
Subpart C--Rulemaking Petitions
Sec. 260.20 General.
(a) Any person may petition the Administrator to modify or revoke
any provision in parts 260 through 266, 268 and 273 of this chapter.
This section sets forth general requirements which apply to all such
petitions. Section 260.21 sets forth additional requirements for
petitions to add a testing or analytical method to part 261, 264 or 265
of this chapter. Section 260.22 sets forth additional requirements for
petitions to exclude a waste or waste-derived material at a particular
facility from Sec. 261.3 of this chapter or the lists of hazardous
wastes in subpart D of part 261 of this chapter. Section 260.23 sets
forth additional requirements for petitions to amend part 273 of this
chapter to include additional hazardous wastes or categories of
hazardous waste as universal waste.
(b) Each petition must be submitted to the Administrator by
certified mail and must include:
(1) The petitioner's name and address;
(2) A statement of the petitioner's interest in the proposed action;
(3) A description of the proposed action, including (where
appropriate) suggested regulatory language; and
(4) A statement of the need and justification for the proposed
action, including any supporting tests, studies, or other information.
(c) The Administrator will make a tentative decision to grant or
deny a petition and will publish notice of such tentative decision,
either in the form of an advanced notice of proposed rulemaking, a
proposed rule, or a tentative determination to deny the petition, in the
Federal Register for written public comment.
(d) Upon the written request of any interested person, the
Administrator may, at his discretion, hold an informal public hearing to
consider oral comments on the tentative decision. A person requesting a
hearing must state the issues to be raised and explain why written
comments would not suffice to communicate the person's views. The
Administrator may in any case decide on his own motion to hold an
informal public hearing.
(e) After evaluating all public comments the Administrator will make
a final decision by publishing in the Federal Register a regulatory
amendment or a denial of the petition.
[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 57
FR 38564, Aug. 25, 1992; 60 FR 25540, May 11, 1995]
Sec. 260.21 Petitions for equivalent testing or analytical methods.
(a) Any person seeking to add a testing or analytical method to part
261, 264, or 265 of this chapter may petition for a regulatory amendment
under this section and Sec. 260.20. To be successful, the person must
demonstrate to the satisfaction of the Administrator that the proposed
method is equal to or superior to the corresponding method prescribed in
part 261, 264, or 265 of this chapter, in terms of its sensitivity,
accuracy, and precision (i.e., reproducibility).
[[Page 19]]
(b) Each petition must include, in addition to the information
required by Sec. 260.20(b):
(1) A full description of the proposed method, including all
procedural steps and equipment used in the method;
(2) A description of the types of wastes or waste matrices for which
the proposed method may be used;
(3) Comparative results obtained from using the proposed method with
those obtained from using the relevant or corresponding methods
prescribed in part 261, 264, or 265 of this chapter;
(4) An assessment of any factors which may interfere with, or limit
the use of, the proposed method; and
(5) A description of the quality control procedures necessary to
ensure the sensitivity, accuracy and precision of the proposed method.
(c) After receiving a petition for an equivalent method, the
Administrator may request any additional information on the proposed
method which he may reasonably require to evaluate the method.
(d) If the Administrator amends the regulations to permit use of a
new testing method, the method will be incorporated in ``Test Methods
for the Evaluation of Solid Waste: Physical/Chemical Methods,'' SW-846,
U.S. Environmental Protection Agency, Office of Solid Waste, Washington,
DC 20460.
[45 FR 33073, May 19, 1980, as amended at 49 FR 47391, Dec. 4, 1984]
Sec. 260.22 Petitions to amend part 261 to exclude a waste produced at a particular facility.
(a) Any person seeking to exclude a waste at a particular generating
facility from the lists in subpart D of part 261 may petition for a
regulatory amendment under this section and Sec. 260.20. To be
successful:
(1) The petitioner must demonstrate to the satisfaction of the
Administrator that the waste produced by a particular generating
facility does not meet any of the criteria under which the waste was
listed as a hazardous or an actutely hazardous waste; and
(2) Based on a complete application, the Administrator must
determine, where he has a reasonable basis to believe that factors
(including additional constituents) other than those for which the waste
was listed could cause the waste to be a hazardous waste, that such
factors do not warrant retaining the waste as a hazardous waste. A waste
which is so excluded, however, still may be a hazardous waste by
operation of subpart C of part 261.
(b) The procedures in this Section and Sec. 260.20 may also be used
to petition the Administrator for a regulatory amendment to exclude from
Sec. 261.3(a)(2)(ii) or (c), a waste which is described in these
Sections and is either a waste listed in subpart D, or is derived from a
waste listed in subpart D. This exclusion may only be issued for a
particular generating, storage, treatment, or disposal facility. The
petitioner must make the same demonstration as required by paragraph (a)
of this section. Where the waste is a mixture of solid waste and one or
more listed hazardous wastes or is derived from one or more hazardous
wastes, his demonstration must be made with respect to the waste mixture
as a whole; analyses must be conducted for not only those constituents
for which the listed waste contained in the mixture was listed as
hazardous, but also for factors (including additional constituents) that
could cause the waste mixture to be a hazardous waste. A waste which is
so excluded may still be a hazardous waste by operation of subpart C of
part 261.
(c) If the waste is listed with codes ``I'', ``C'', ``R'', or ``E'',
in subpart D,
(1) The petitioner must show that the waste does not exhibit the
relevant characteristic for which the waste was listed as defined in
Sec. 261.21, Sec. 261.22, Sec. 261.23, or Sec. 261.24 using any
applicable 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,
[[Page 20]]
still may be a hazardous waste by operation of subpart C of part 261.
(d) If the waste is listed with code ``T'' in subpart D,
(1) The petitioner must demonstrate that the waste:
(i) Does not contain the constituent or constituents (as defined in
Appendix VII of part 261 of this chapter) that caused the Administrator
to list the waste, using the appropriate test methods prescribed in
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
EPA Publication SW-846, as incorporated by reference in Sec. 260.11; or
(ii) Although containing one or more of the hazrdous constituents
(as defined in appendix VII of part 261) that caused the Administrator
to list the waste, does not meet the criterion of Sec. 261.11(a)(3) when
considering the factors used by the Administrator in Sec. 261.11(a)(3)
(i) through (xi) under which the waste was listed as hazardous; and
(2) Based on a complete application, the Administrator must
determine, where he has a reasonable basis to believe that factors
(including additional constituents) other than those for which the waste
was listed could cause the waste to be a hazardous waste, that such
factors do not warrant retaining the waste as a hazardous waste; and
(3) The petitioner must demonstrate that the waste does not exhibit
any of the characteristics defined in Sec. 261.21, Sec. 261.22,
Sec. 261.23, and Sec. 261.24 using any applicable methods prescribed
therein;
(4) A waste which is so excluded, however, still may be a hazardous
waste by operation of subpart C of part 261.
(e) If the waste is listed with the code ``H'' in subpart D,
(1) The petitioner must demonstrate that the waste does not meet the
criterion of Sec. 261.11(a)(2); and
(2) Based on a complete application, the Administrator must
determine, where he has a reasonable basis to believe that additional
factors (including additional constituents) other than those for which
the waste was listed could cause the waste to be a hazardous waste, that
such factors do not warrant retaining the waste as a hazardous waste;
and
(3) The petitioner must demonstrate that the waste does not exhibit
any of the characteristics defined in Sec. 261.21, Sec. 261.22,
Sec. 261.23, and Sec. 261.24 using any applicable methods prescribed
therein;
(4) A waste which is so excluded, however, still may be a hazardous
waste by operation of subpart C of part 261.
(f) [Reserved for listing radioactive wastes.]
(g) [Reserved for listing infectious wastes.]
(h) Demonstration samples must consist of enough representative
samples, but in no case less than four samples, taken over a period of
time sufficient to represent the variability or the uniformity of the
waste.
(i) Each petition must include, in addition to the information
required by Sec. 260.20(b):
(1) The name and address of the laboratory facility performing the
sampling or tests of the waste;
(2) The names and qualifications of the persons sampling and testing
the waste;
(3) The dates of sampling and testing;
(4) The location of the generating facility;
(5) A description of the manufacturing processes or other operations
and feed materials producing the waste and an assessment of whether such
processes, operations, or feed materials can or might produce a waste
that is not covered by the demonstration;
(6) A description of the waste and an estimate of the average and
maximum monthly and annual quantities of waste covered by the
demonstration;
(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);
[[Page 21]]
(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]
Editorial Note: For information on the availability of a guidance
manual for petitions to delist hazardous wastes, see 50 FR 21607, May
28, 1985.
Sec. 260.23 Petitions to amend 40 CFR part 273 to include additional hazardous wastes.
(a) Any person seeking to add a hazardous waste or a category of
hazardous waste to the universal waste regulations of part 273 of this
chapter may petition for a regulatory amendment under this section, 40
CFR 260.20, and subpart G of 40 CFR part 273.
(b) To be successful, the petitioner must demonstrate to the
satisfaction of the Administrator that regulation under the universal
waste regulations of 40 CFR part 273: Is appropriate for the waste or
category of waste; will improve management practices for the waste or
category of waste; and will improve implementation of the hazardous
waste program. The petition must include the information required by 40
CFR 260.20(b). The petition should also address as many of the factors
listed in 40 CFR 273.81 as are appropriate for the waste or category of
waste addressed in the petition.
(c) The Administrator will grant or deny a petition using the
factors listed in 40 CFR 273.81. The decision will be based on the
weight of evidence showing that regulation under 40 CFR part 273 is
appropriate for the waste or category of waste, will improve management
practices for the waste or category of waste, and will improve
implementation of the hazardous waste program.
(d) The Administrator may request additional information needed to
evaluate the merits of the petition.
[60 FR 25540, May 11, 1995]
Sec. 260.30 Variances from classification as a solid waste.
In accordance with the standards and criteria in Sec. 260.31 and the
procedures in Sec. 260.33, the Administrator may determine on a case-by-
case basis that the following recycled materials are not solid wastes:
(a) Materials that are accumulated speculatively without sufficient
amounts being recycled (as defined in Sec. 261.1(c)(8) of this chapter);
(b) Materials that are reclaimed and then reused within the original
production process in which they were generated; and
(c) Materials that have been reclaimed but must be reclaimed further
before the materials are completely recovered.
[50 FR 661, Jan. 4, 1985; 50 FR 14219, Apr. 11, 1985, as amended at 59
FR 48041, Sept. 19, 1994]
Sec. 260.31 Standards and criteria for variances from classification as a solid waste.
(a) The Administrator may grant requests for a variance from
classifying as a solid waste those materials that are accumulated
speculatively without sufficient amounts being recycled if the applicant
demonstrates that sufficient amounts of the material will be recycled or
transferred for recycling in
[[Page 22]]
the following year. If a variance is granted, it is valid only for the
following year, but can be renewed, on an annual basis, by filing a new
application. The Administrator's decision will be based on the following
criteria:
(1) The manner in which the material is expected to be recycled,
when the material is expected to be recycled, and whether this expected
disposition is likely to occur (for example, because of past practice,
market factors, the nature of the material, or contractual arrangements
for recycling);
(2) The reason that the applicant has accumulated the material for
one or more years without recycling 75 percent of the volume accumulated
at the beginning of the year;
(3) The quantity of material already accumulated and the quantity
expected to be generated and accumulated before the material is
recycled;
(4) The extent to which the material is handled to minimize loss;
(5) Other relevant factors.
(b) The Administrator may grant requests for a variance from
classifying as a solid waste those materials that are reclaimed and then
reused as feedstock within the original production process in which the
materials were generated if the reclamation operation is an essential
part of the production process. This determination will be based on the
following criteria:
(1) How economically viable the production process would be if it
were to use virgin materials, rather than reclaimed materials;
(2) The prevalence of the practice on an industry-wide basis;
(3) The extent to which the material is handled before reclamation
to minimize loss;
(4) The time periods between generating the material and its
reclamation, and between reclamation and return to the original primary
production process;
(5) The location of the reclamation operation in relation to the
production process;
(6) Whether the reclaimed material is used for the purpose for which
it was originally produced when it is returned to the original process,
and whether it is returned to the process in substantially its original
form;
(7) Whether the person who generates the material also reclaims it;
(8) Other relevant factors.
(c) The Regional Administrator may grant requests for a variance
from classifying as a solid waste those materials that have been
reclaimed but must be reclaimed further before recovery is completed if,
after initial reclamation, the resulting material is commodity-like
(even though it is not yet a commercial product, and has to be reclaimed
further). This determination will be based on the following factors:
(1) The degree of processing the material has undergone and the
degree of further processing that is required;
(2) The value of the material after it has been reclaimed;
(3) The degree to which the reclaimed material is like an analogous
raw material;
(4) The extent to which an end market for the reclaimed material is
guaranteed;
(5) The extent to which the reclaimed material is handled to
minimize loss;
(6) Other relevant factors.
[50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994]
Sec. 260.32 Variance 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
[[Page 23]]
``boiler'' functioning primarily to produce steam, heated fluids, or
heated gases; and
(f) Other factors, as appropriate.
[50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994]
Sec. 260.33 Procedures for variances from classification as a solid waste or to be classified as a boiler.
The Administrator will use the following procedures in evaluating
applications for variances from classification as a solid waste or
applications to classify particular enclosed controlled flame combustion
devices as boilers:
(a) The applicant must apply to the Administrator for the variance.
The application must address the relevant criteria contained in
Sec. 260.31 or Sec. 260.32.
(b) The Administrator will evaluate the application and issue a
draft notice tentatively granting or denying the application.
Notification of this tentative decision will be provided by newspaper
advertisement or radio broadcast in the locality where the recycler is
located. The Administrator will accept comment on the tentative decision
for 30 days, and may also hold a public hearing upon request or at his
discretion. The Administrator will issue a final decision after receipt
of comments and after the hearing (if any).
[59 FR 48041, Sept. 19, 1994]
Sec. 260.40 Additional regulation of certain hazardous waste recycling activities on a case-by-case basis.
(a) The Regional Administrator may decide on a case-by-case basis
that persons accumulating or storing the recyclable materials described
in Sec. 261.6(a)(2)(iv) of this chapter should be regulated under
Sec. 261.6 (b) and (c) of this chapter. The basis for this decision is
that the materials are being accumulated or stored in a manner that does
not protect human health and the environment because the materials or
their toxic constituents have not been adequately contained, or because
the materials being accumulated or stored together are incompatible. In
making this decision, the Regional Administrator will consider the
following factors:
(1) The types of materials accumulated or stored and the amounts
accumulated or stored;
(2) The method of accumulation or storage;
(3) The length of time the materials have been accumulated or stored
before being reclaimed;
(4) Whether any contaminants are being released into the
environment, or are likely to be so released; and
(5) Other relevant factors.
(b) [Reserved]
The procedures for this decision are set forth in Sec. 260.41 of this
chapter.
[50 FR 662, Jan. 4, 1985]
Sec. 260.41 Procedures for case-by-case regulation of hazardous waste recycling activities.
The Regional Administrator will use the following procedures when
determining whether to regulate hazardous waste recycling activities
described in Sec. 261.6(a)(2)(iv) under the provisions of Sec. 261.6 (b)
and (c), rather than under the provisions of subpart F of part 266 of
this chapter.
(a) If a generator is accumulating the waste, the Regional
Administrator will issue a notice setting forth the factual basis for
the decision and stating that the person must comply with the applicable
requirements of subparts A, C, D, and E of part 262 of this chapter. The
notice will become final within 30 days, 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.
[[Page 24]]
(b) If the person is accumulating the recyclable material as a
storage facility, the notice will state that the person must obtain a
permit in accordance with all applicable provisions of parts 270 and 124
of this chapter. The owner or operator of the facility must apply for a
permit within no less than 60 days and no more than six months of
notice, as specified in the notice. If the owner or operator of the
facility wishes to challenge the Regional Administrator's decision, he
may do so in his permit application, in a public hearing held on the
draft permit, or in comments filed on the draft permit or on the notice
of intent to deny the permit. The fact sheet accompanying the permit
will specify the reasons for the Agency's determination. The question of
whether the Regional Administrator's decision was proper will remain
open for consideration during the public comment period discussed under
Sec. 124.11 of this chapter and in any subsequent hearing.
[50 FR 663, Jan. 4, 1985]`
Appendix I to Part 260--Overview of Subtitle C Regulations
The Agency believes that there are many people who suspect, but are
not sure, that their activities are subject to control under the RCRA
Subtitle C rules. This appendix is written for these people. It is
designed to help those who are unfamiliar with the hazardous waste
control program to determine with which, if any, of the regulations they
should comply.
Definition of Solid Waste
The first question which such a person should ask himself is: ``Is
the material I handle a solid waste?'' If the answer to this question is
``No'', then the material is not subject to control under RCRA and,
therefore, the person need not worry about whether he should comply with
the Subtitle C rules.
Section 261.2 of this chapter provides a definition of ``solid
waste'' which expands the statutory definition of that term given in
section 1004(27) of RCRA. This definition is diagrammed in Figure 1
below.
Figure 1 explains that all materials are either: (1) Garbage refuse,
or sludge; (2) solid, liquid, semi-solid or contained gaseous material;
or (3) something else. No materials in the third category are solid
waste. All materials in the first category are solid waste. Materials in
the second category are solid waste unless they are one of the five
exclusions specified in Sec. 261.4(a).
Definition of Hazardous Waste
If a person has determined that his material is a ``solid waste'',
the next question he should ask is: ``Is the solid waste I handle a
hazardous waste?''
Hazardous waste is defined in Sec. 261.3 of this chapter. Section
261.3 provides that, in general, a solid waste is a hazardous waste if:
(1) It is, or contains, a hazardous waste listed in subpart D of part
261 of this chapter, or (2) the waste exhibits any of the
characteristics defined in subpart C of part 261. However, parts 260 and
261 also contain provisions which exclude (Secs. 261.4(b), 260.20, and
260.22) certain solid wastes from the definition of ``hazardous waste'',
even though they are listed in subpart D or exhibit one or more of the
characteristics defined in subpart C. Figure 2 depicts the interplay of
these special provisions with the definition of ``hazardous waste''. It
presents a series of questions which a person should ask himself
concerning his waste. After doing so, the person should be able to
determine if the solid waste he handles is a hazardous waste.
Hazardous Waste Regulations
If this is the case, the person should look at Figure 3. Figure 3
depicts the special provisions specified in the final part 261 rules for
hazardous waste which:
1. Is generated by a small quantity generator
2. Is or is intended to be legitimately and beneficially used, re-used,
recycled, or reclaimed
3. Is a sludge; is listed in part 261, subpart D; or is a mixture
containing a waste listed in part 261, subpart D.
For each of these Groups, Figure 3 indicates with which subtitle C
regulations (if any) the person handling these wastes must comply.
Figure 3 also explains that, if a person handles hazardous waste which
is not included in any one of the above three categories, his waste is
subject to the subtitle C regulations diagrammed in Figure 4.
Figure 4 is a flowchart which identifies the three categories of
activities regulated under the subtitle C rules, and the corresponding
set of rules with which people in each of these categories must comply.
It points out that all people who handle hazardous waste are either: (1)
Generators of hazardous waste, (2) transporters of hazardous waste, (3)
owners or operators of hazardous waste treatment, storage, or disposal
facilities, or (4) a combination of the above. Figure 4 indicates that
all of these people must notify EPA of their hazardous waste activities
in accordance with the Section 3010 Notification Procedures (see 45 FR
12746 et seq.), and obtain an EPA identification number.
It should be noted that people handling wastes listed in subpart D
of part 261 who have filed, or who intend to file an application to
exempt their waste from regulation
[[Page 25]]
under the subtitle C rules, must also comply with the notification
requirements of section 3010.
If a person generates hazardous waste, Figure 4 indicates that he
must comply with the part 262 rules. If he transports it, he must comply
with the part 263 rules. The standards in both these parts are designed
to ensure, among other things, proper recordkeeping and reporting, the
use of a manifest system to track shipments of hazardous waste, the use
of proper labels and containers, and the delivery of the waste to a
permitted treatment, storage, or disposal facility.
If a person owns or operates a facility which treats, stores, or
disposes of hazardous waste, the standards with which he must comply
depend on a number of factors. First of all, if the owner or operator of
a storage facility is also the person who generates the waste, and the
waste is stored at the facility for less than 90 days for subsequent
shipment off-site, then the person must comply with Sec. 262.34 of the
part 262 rules.
All other owners or operators of treatment, storage, or disposal
facilities must comply with either the part 264 or the part 265 rules.
To determine with which of these sets of rules an owner or operator must
comply, he must find out whether his facility qualifies for interim
status. To qualify, the owner or operator must: (1) Have been treating,
storing, or disposing of the hazardous waste, or commenced facility
construction on or before October 21, 1976, (2) comply with the section
3010 notification requirements, and (3) apply for a permit under part
270 of this chapter.
If the owner or operator has done all of the above, he qualifies for
interim status, and he must comply with the part 265 rules. These rules
contain administrative requirements, monitoring and closure standards,
and an abbreviated set of technical and closure and post-closure cost
estimate requirements. The owner or operator must comply with these
standards until final administrative disposition of his permit
application is made. If a permit is issued to the owner or operator, he
must then comply with the permit which will be based on the part 264
rules.
If the owner or operator has not carried out the above three
requirements, he does not qualify for interim status. Until he is issued
a permit for his facility, the owner or operator must stop waste
management operations (if any) at the facility, and send his hazardous
waste (if any) to a facility whose owner or operator has interim status
or to a storage facility following the part 262 rules.
In order to apply for a permit, the owner or operator must comply
with the procedures specified in part 270 of this chapter.
It should be noted that the Agency will be periodically revising the
rules depicted in Figures 3 and 4. All persons are encouraged to write
to EPA to verify that the regulations which they are reading are up-to-
date. To obtain this verification, contact: Solid Waste Information,
U.S. Environmental Protection Agency, 26 West St. Clair Street,
Cincinnati, Ohio 45268 (513) 684-5362.
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PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE--Table of Contents
Subpart A--General
Sec.
261.1 Purpose and scope.
261.2 Definition of solid waste.
261.3 Definition of hazardous waste.
261.4 Exclusions.
261.5 Special requirements for hazardous waste generated by
conditionally exempt small quantity generators.
261.6 Requirements for recyclable materials.
261.7 Residues of hazardous waste in empty containers.
261.8 PCB wastes regulated under Toxic Substance Control Act.
261.9 Requirements for Universal Waste.
[[Page 30]]
Subpart B--Criteria for Identifying the Characteristics of Hazardous
Waste and for Listing Hazardous Wastes
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.
Appendix I to Part 261--Representative Sampling Methods
Appendix II to Part 261--Method 1311 Toxicity Characteristic Leaching
Procedure (TCLP)
Appendix III to Part 261--Chemical Analysis Test Methods
Appendix IV to Part 261--[Reserved for Radioactive Waste Test Methods]
Appendix V to Part 261--[Reserved for Infectious Waste Treatment
Specifications]
Appendix VI to Part 261--[Reserved for Etiologic Agents]
Appendix VII to Part 261--Basis for Listing Hazardous Waste
Appendix VIII to Part 261--Hazardous Constituents
Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20 and 260.22
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.
Source: 45 FR 33119, May 19, 1980, unless otherwise noted.
Subpart A--General
Sec. 261.1 Purpose and scope.
(a) This part identifies those solid wastes which are subject to
regulation as hazardous wastes under parts 262 through 265, 268, and
parts 270, 271, and 124 of this chapter and which are subject to the
notification requirements of section 3010 of RCRA. In this part:
(1) Subpart A defines the terms ``solid waste'' and ``hazardous
waste'', identifies those wastes which are excluded from regulation
under parts 262 through 266, 268 and 270 and establishes special
management requirements for hazardous waste produced by conditionally
exempt small quantity generators and hazardous waste which is recycled.
(2) Subpart B sets forth the criteria used by EPA to identify
characteristics of hazardous waste and to list particular hazardous
wastes.
(3) Subpart C identifies characteristics of hazardous waste.
(4) Subpart D lists particular hazardous wastes.
(b)(1) The definition of solid waste contained in this part applies
only to wastes that also are hazardous for purposes of the regulations
implementing subtitle C of RCRA. For example, it does not apply to
materials (such as non-hazardous scrap, paper, textiles, or rubber) that
are not otherwise hazardous wastes and that are recycled.
(2) This part identifies only some of the materials which are solid
wastes and hazardous wastes under sections 3007, 3013, and 7003 of RCRA.
A material which is not defined as a solid waste in this part, or is not
a hazardous waste identified or listed in this part, is still a solid
waste and a hazardous waste for purposes of these sections if:
(i) In the case of sections 3007 and 3013, EPA has reason to believe
that the material may be a solid waste within the meaning of section
1004(27) of RCRA and a hazardous waste within the meaning of section
1004(5) of RCRA; or
(ii) In the case of section 7003, the statutory elements are
established.
(c) For the purposes of Secs. 261.2 and 261.6:
(1) A ``spent material'' is any material that has been used and as a
result of contamination can no longer serve the purpose for which it was
produced without processing;
(2) ``Sludge'' has the same meaning used in Sec. 260.10 of this
chapter;
(3) A ``by-product'' is a material that is not one of the primary
products of a production process and is not solely or
[[Page 31]]
separately produced by the production process. Examples are process
residues such as slags or distillation column bottoms. The term does not
include a co-product that is produced for the general public's use and
is ordinarily used in the form it is produced by the process.
(4) A material is ``reclaimed'' if it is processed to recover a
usable product, or if it is regenerated. Examples are recovery of lead
values from spent batteries and regeneration of spent solvents.
(5) A material is ``used or reused'' if it is either:
(i) Employed as an ingredient (including use as an intermediate) in
an industrial process to make a product (for example, distillation
bottoms from one process used as feedstock in another process). However,
a material will not satisfy this condition if distinct components of the
material are recovered as separate end products (as when metals are
recovered from metal-containing secondary materials); or
(ii) Employed in a particular function or application as an
effective substitute for a commercial product (for example, spent pickle
liquor used as phosphorous precipitant and sludge conditioner in
wastewater treatment).
(6) ``Scrap metal'' is bits and pieces of metal parts (e.g.,) bars,
turnings, rods, sheets, wire) or metal pieces that may be combined
together with bolts or soldering (e.g., radiators, scrap automobiles,
railroad box cars), which when worn or superfluous can be recycled.
(7) A material is ``recycled'' if it is used, reused, or reclaimed.
(8) A material is ``accumulated speculatively'' if it is accumulated
before being recycled. A material is not accumulated speculatively,
however, if the person accumulating it can show that the material is
potentially recyclable and has a feasible means of being recycled; and
that--during the calendar year (commencing on January 1)--the amount of
material that is recycled, or transferred to a different site for
recycling, equals at least 75 percent by weight or volume of the amount
of that material accumulated at the beginning of the period. In
calculating the percentage of turnover, the 75 percent requirement is to
be applied to each material of the same type (e.g., slags from a single
smelting process) that is recycled in the same way (i.e., from which the
same material is recovered or that is used in the same way). Materials
accumulating in units that would be exempt from regulation under
Sec. 261.4(c) are not to be included in making the calculation.
(Materials that are already defined as solid wastes also are not to be
included in making the calculation.) Materials are no longer in this
category once they are removed from accumulation for recycling, however.
[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]
Sec. 261.2 Definition of solid waste.
(a)(1) A solid waste is any discarded material that is not excluded
by Sec. 261.4(a) or that is not excluded by variance granted under
Secs. 260.30 and 260.31.
(2) A discarded material is any material which is:
(i) Abandoned, as explained in paragraph (b) of this section; or
(ii) Recycled, as explained in paragraph (c) of this section; or
(iii) Considered inherently waste-like, as explained in paragraph
(d) of this section.
(b) Materials are solid waste if they are abandoned by being:
(1) Disposed of; or
(2) Burned or incinerated; or
(3) Accumulated, stored, or treated (but not recycled) before or in
lieu of being abandoned by being disposed of, burned, or incinerated.
(c) Materials are solid wastes if they are recycled--or accumulated,
stored, or treated before recycling--as specified in paragraphs (c)(1)
through (4) of this section.
(1) Used in a manner constituting disposal. (i) Materials noted with
a ``*'' in Column 1 of Table I are solid wastes when they are:
(A) Applied to or placed on the land in a manner that constitutes
disposal; or
(B) Used to produce products that are applied to or placed on the
land or are otherwise contained in products that are applied to or
placed on the land (in
[[Page 32]]
which cases the product itself remains a solid waste).
(ii) However, commercial chemical products listed in Sec. 261.33 are
not solid wastes if they are applied to the land and that is their
ordinary manner of use.
(2) Burning for energy recovery. (i) Materials noted with a ``*'' in
column 2 of Table 1 are solid wastes when they are:
(A) Burned to recover energy;
(B) Used to produce a fuel or are otherwise contained in fuels (in
which cases the fuel itself remains a solid waste).
(ii) However, commercial chemical products listed in Sec. 261.33 are
not solid wastes if they are themselves fuels.
(3) Reclaimed. Materials noted with a ``*'' in column 3 of Table 1
are solid wastes when reclaimed.
(4) Accumulated speculatively. Materials noted with a ``*'' in
column 4 of Table 1 are solid wastes when accumulated speculatively.
Table 1
----------------------------------------------------------------------------------------------------------------
Use constituting Energy recovery/ Speculative
disposal (Sec. fuel (Sec. Reclamation (Sec. accumulation (Sec.
261.2(c)(1)) 261.2(c)(2)) 261.2(c)(3)) 261.2(c)(4))
(1) (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
Spent Materials............. (*) (*) (*) (*)
Sludges (listed in 40 CFR
part 261.31 or 261.32)..... (*) (*) (*) (*)
Sludges exhibiting a
characteristic of hazardous
waste...................... (*) (*) ................... (*)
By-products (listed in 40
CFR part 261.31 or 261.32). (*) (*) (*) (*)
By-products exhibiting a
characteristic of hazardous
waste...................... (*) (*) ................... (*)
Commercial chemical products
listed in 40 CFR 261.33.... (*) (*) ................... ...................
Scrap metal................. (*) (*) (*) (*)
----------------------------------------------------------------------------------------------------------------
Note: The terms ``spent materials,'' ``sludges,'' ``by-products,'' and ``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.
[[Page 33]]
(2) The following materials are solid wastes, even if the recycling
involves use, reuse, or return to the original process (described in
paragraphs (e)(1) (i) through (iii) of this section):
(i) Materials used in a manner constituting disposal, or used to
produce products that are applied to the land; or
(ii) Materials burned for energy recovery, used to produce a fuel,
or contained in fuels; or
(iii) Materials accumulated speculatively; or
(iv) Materials listed in paragraphs (d)(1) and (d)(2) of this
section.
(f) Documentation of claims that materials are not solid wastes or
are conditionally exempt from regulation. Respondents in actions to
enforce regulations implementing subtitle C of RCRA who raise a claim
that a certain material is not a solid waste, or is conditionally exempt
from regulation, must demonstrate that there is a known market or
disposition for the material, and that they meet the terms of the
exclusion or exemption. In doing so, they must provide appropriate
documentation (such as contracts showing that a second person uses the
material as an ingredient in a production process) to demonstrate that
the material is not a waste, or is exempt from regulation. In addition,
owners or operators of facilities claiming that they actually are
recycling materials must show that they have the necessary equipment to
do so.
[50 FR 664, Jan. 4, 1985, as amended at 50 FR 33542, Aug. 20, 1985; 56
FR 7206, Feb. 21, 1991; 56 FR 32688, July 17, 1991; 56 FR 42512, Aug.
27, 1991; 57 FR 38564, Aug. 25, 1992; 59 FR 48042, Sept. 19, 1994]
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 except that 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 of this part only if
it exhibits a characteristic that would not have been exhibited by the
excluded waste alone if such mixture had not occurred or if it continues
to exhibit any of the characteristics exhibited by the non-excluded
wastes prior to mixture. Further, for the purposes of applying the
Toxicity Characteristic to such mixtures, the mixture is also a
hazardous waste if it exceeds the maximum concentration for any
contaminant listed in table I to Sec. 261.24 that would not have been
exceeded by the excluded waste alone if the mixture had not occurred or
if it continues to exceed the maximum concentration for any contaminant
exceeded by the nonexempt waste prior to mixture.
(ii) It is listed in subpart D of this part and has not been
excluded from the lists in subpart D of this part under Secs. 260.20 and
260.22 of this chapter.
(iii) It is a mixture of a solid waste and a hazardous waste that is
listed in subpart D of this part solely because it exhibits one or more
of the characteristics of hazardous waste identified in subpart C of
this part, unless the resultant mixture no longer exhibits any
characteristic of hazardous waste identified in subpart C of this part,
or unless the solid waste is excluded from regulation under
Sec. 261.4(b)(7) and the resultant mixture no longer exhibits any
characteristic of hazardous waste identified in subpart C of this part
for which the hazardous waste listed in subpart D of this part was
listed. (However, nonwastewater mixtures are still subject to the
requirements of part 268 of this chapter, even if they no longer exhibit
a characteristic at the point of land disposal).
(iv) It is a mixture of solid waste and one or more hazardous wastes
listed in subpart D of this part and has not been excluded from
paragraph (a)(2) of this section under Secs. 260.20 and 260.22 of this
chapter; however, the following mixtures of solid wastes and hazardous
wastes listed in subpart D of this part are not hazardous wastes (except
by application of paragraph (a)(2) (i) or (ii) of this section) if the
generator can demonstrate that the mixture consists of wastewater the
discharge of which is
[[Page 34]]
subject to regulation under either section 402 or section 307(b) of the
Clean Water Act (including wastewater at facilities which have
eliminated the discharge of wastewater) and:
(A) One or more of the following solvents listed in Sec. 261.31--
carbon tetrachloride, tetrachloroethylene, trichloroethylene--Provided,
That the maximum total weekly usage of these solvents (other than the
amounts that can be demonstrated not to be discharged to wastewater)
divided by the average weekly flow of wastewater into the headworks of
the facility's wastewater treatment or pretreatment system does not
exceed 1 part per million; or
(B) One or more of the following spent solvents listed in
Sec. 261.31--methylene chloride, 1,1,1-trichloroethane, chlorobenzene,
o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl
ethyl ketone, carbon disulfide, isobutanol, pyridine, spent
chlorofluorocarbon solvents--provided that the maximum total weekly
usage of these solvents (other than the amounts that can be demonstrated
not to be discharged to wastewater) divided by the average weekly flow
of wastewater into the headworks of the facility's wastewater treatment
or pretreatment system does not exceed 25 parts per million; or
(C) One of the following wastes listed in Sec. 261.32--heat
exchanger bundle cleaning sludge from the petroleum refining industry
(EPA Hazardous Waste No. K050); or
(D) A discarded commercial chemical product, or chemical
intermediate listed in Sec. 261.33, arising from de minimis losses of
these materials from manufacturing operations in which these materials
are used as raw materials or are produced in the manufacturing process.
For purposes of this paragraph (a)(2)(iv)(D), ``de minimis'' losses
include those from normal material handling operations (e.g., spills
from the unloading or transfer of materials from bins or other
containers, leaks from pipes, valves or other devices used to transfer
materials); minor leaks of process equipment, storage tanks or
containers; leaks from well maintained pump packings and seals; sample
purgings; relief device discharges; discharges from safety showers and
rinsing and cleaning of personal safety equipment; and rinstate from
empty containers or from containers that are rendered empty by that
rinsing; or
(E) Wastewater resulting from laboratory operations containing toxic
(T) wastes listed in subpart D of this part, Provided, That the
annualized average flow of laboratory wastewater does not exceed one
percent of total wastewater flow into the headworks of the facility's
wastewater treatment or pre-treatment system or provided the wastes,
combined annualized average concentration does not exceed one part per
million in the headworks of the facility's wastewater treatment or pre-
treatment facility. Toxic (T) wastes used in laboratories that are
demonstrated not to be discharged to wastewater are not to be included
in this calculation; or
(F) One or more of the following wastes listed in Sec. 261.32--
wastewaters from the production of carbamates and carbamoyl oximes (EPA
Hazardous Waste No. K157)--Provided that the maximum weekly usage of
formaldehyde, methyl chloride, methylene chloride, and triethylamine
(including all amounts that can not be demonstrated to be reacted in the
process, destroyed through treatment, or is recovered, i.e., what is
discharged or volatilized) divided by the average weekly flow of process
wastewater prior to any dilutions into the headworks of the facility's
wastewater treatment system does not exceed a total of 5 parts per
million by weight; or
(G) Wastewaters derived from the treatment of one or more of the
following wastes listed in Sec. 261.32--organic waste (including heavy
ends, still bottoms, light ends, spent solvents, filtrates, and
decantates) from the production of carbamates and carbamoyl oximes (EPA
Hazardous Waste No. K156).--Provided, that the maximum concentration of
formaldehyde, methyl chloride, methylene chloride, and triethylamine
prior to any dilutions into the headworks of the facility's wastewater
treatment system does not exceed a total of 5 milligrams per liter.
(v) Rebuttable presumption for used oil. Used oil containing more
than 1000 ppm
[[Page 35]]
total halogens is presumed to be a hazardous waste because it has been
mixed with halogenated hazardous waste listed in subpart D of part 261
of this chapter. Persons may rebut this presumption by demonstrating
that the used oil does not contain hazardous waste (for example, by
using an analytical method from SW-846, Third Edition, to show that the
used oil does not contain significant concentrations of halogenated
hazardous constituents listed in appendix VIII of part 261 of this
chapter). EPA Publication SW-846, Third Edition, is available for the
cost of $110.00 from the Government Printing Office, Superintendent of
Documents, PO Box 371954, Pittsburgh, PA 15250-7954. 202-512-1800
(document number 955-001-00000-1).
(A) The rebuttable presumption does not apply to metalworking oils/
fluids containing chlorinated paraffins, if they are processed, through
a tolling agreement, to reclaim metalworking oils/fluids. The
presumption does apply to metalworking oils/fluids if such oils/fluids
are recycled in any other manner, or disposed.
(B) The rebuttable presumption does not apply to used oils
contaminated with chlorofluorocarbons (CFCs) removed from refrigeration
units where the CFCs are destined for reclamation. The rebuttable
presumption does apply to used oils contaminated with CFCs that have
been mixed with used oil from sources other than refrigeration units.
(b) A solid waste which is not excluded from regulation under
paragraph (a)(1) of this section becomes a hazardous waste when any of
the following events occur:
(1) In the case of a waste listed in subpart D of this part, when
the waste first meets the listing description set forth in subpart D of
this part.
(2) In the case of a mixture of solid waste and one or more listed
hazardous wastes, when a hazardous waste listed in subpart D is first
added to the solid waste.
(3) In the case of any other waste (including a waste mixture), when
the waste exhibits any of the characteristics identified in subpart C of
this part.
(c) Unless and until it meets the criteria of paragraph (d) of this
section:
(1) A hazardous waste will remain a hazardous waste.
(2)(i) Except as otherwise provided in paragraph (c)(2)(ii) of this
section, any solid waste generated from the treatment, storage, or
disposal of a hazardous waste, including any sludge, spill residue, ash,
emission control dust, or leachate (but not including precipitation run-
off) is a hazardous waste. (However, materials that are reclaimed from
solid wastes and that are used beneficially are not solid wastes and
hence are not hazardous wastes under this provision unless the reclaimed
material is burned for energy recovery or used in a manner constituting
disposal.)
(ii) The following solid wastes are not hazardous even though they
are generated from the treatment, storage, or disposal of a hazardous
waste, unless they exhibit one or more of the characteristics of
hazardous waste:
(A) Waste pickle liquor sludge generated by lime stabilization of
spent pickle liquor from the iron and steel industry (SIC Codes 331 and
332).
(B) Waste from burning any of the materials exempted from regulation
by Sec. 261.6(a)(3)(iv) through (vi).
(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
[[Page 36]]
the material meets all of the exclusion requirements.
------------------------------------------------------------------------
Maximum for any
single
Constituent composite
sample--TCLP
(mg/l)
------------------------------------------------------------------------
Generic exclusion levels for K061 and K062 nonwastewater HTMR residues
------------------------------------------------------------------------
Antimony............................................... 0.10
Arsenic................................................ 0.50
Barium................................................. 7.6
Beryllium.............................................. 0.010
Cadmium................................................ 0.050
Chromium (total)....................................... 0.33
Lead................................................... 0.15
Mercury................................................ 0.009
Nickel................................................. 1.0
Selenium............................................... 0.16
Silver................................................. 0.30
Thallium............................................... 0.020
Zinc................................................... 70
------------------------------------------------------------------------
Generic exclusion levels for F006 nonwastewater HTMR residues
------------------------------------------------------------------------
Antimony............................................... 0.10
Arsenic................................................ 0.50
Barium................................................. 7.6
Beryllium.............................................. 0.010
Cadmium................................................ 0.050
Chromium (total)....................................... 0.33
Cyanide (total) (mg/kg)................................ 1.8
Lead................................................... 0.15
Mercury................................................ 0.009
Nickel................................................. 1.0
Selenium............................................... 0.16
Silver................................................. 0.30
Thallium............................................... 0.020
Zinc................................................... 70
------------------------------------------------------------------------
(2) A one-time notification and certification must be placed in the
facility's files and sent to the EPA region or authorized state for
K061, K062 or F006 HTMR residues that meet the generic exclusion levels
for all constituents and do not exhibit any characteristics that are
sent to subtitle D units. The notification and certification that is
placed in the generators or treaters files must be updated if the
process or operation generating the waste changes and/or if the subtitle
D unit receiving the waste changes. However, the generator or treater
need only notify the EPA region or an authorized state on an annual
basis if such changes occur. Such notification and certification should
be sent to the EPA region or authorized state by the end of the calendar
year, but no later than December 31. The notification must include the
following information: The name and address of the subtitle D unit
receiving the waste shipments; the EPA Hazardous Waste Number(s) and
treatability group(s) at the initial point of generation; and, the
treatment standards applicable to the waste at the initial point of
generation. The certification must be signed by an authorized
representative and must state as follows: ``I certify under penalty of
law that the generic exclusion levels for all constituents have been met
without impermissible dilution and that no characteristic of hazardous
waste is exhibited. I am aware that there are significant penalties for
submitting a false certification, including the possibility of fine and
imprisonment.''
(D) Biological treatment sludge from the treatment of one of the
following wastes listed in Sec. 261.32--organic waste (including heavy
ends, still bottoms, light ends, spent solvents, filtrates, and
decantates) from the production of carbamates and carbamoyl oximes (EPA
Hazardous Waste No. K156), and wastewaters from the production of
carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157).
(d) Any solid waste described in paragraph (c) of this section is
not a hazardous waste if it meets the following criteria:
(1) In the case of any solid waste, it does not exhibit any of the
characteristics of hazardous waste identified in subpart C of this part.
(However, wastes that exhibit a characteristic at the point of
generation may still be subject to the requirements of part 268, even if
they no longer exhibit a characteristic at the point of land disposal.)
(2) In the case of a waste which is a listed waste under subpart D
of this part, contains a waste listed under subpart D of this part or is
derived from a waste listed in subpart D of this part, it also has been
excluded from paragraph (c) of this section under Secs. 260.20 and
260.22 of this chapter.
(e) [Reserved]
(f) Notwithstanding paragraphs (a) through (d) of this section and
provided the debris as defined in part 268 of this chapter does not
exhibit a characteristic identified at subpart C of this part, the
following materials are not subject to regulation under 40 CFR parts
260, 261 to 266, 268, or 270:
(1) Hazardous debris as defined in part 268 of this chapter that has
been
[[Page 37]]
treated using one of the required extraction or destruction technologies
specified in Table 1 of Sec. 268.45 of this chapter; persons claiming
this exclusion in an enforcement action will have the burden of proving
by clear and convincing evidence that the material meets all of the
exclusion requirements; or
(2) Debris as defined in part 268 of this chapter that the Regional
Administrator, considering the extent of contamination, has determined
is no longer contaminated with hazardous waste.
[57 FR 7632, Mar. 3, 1992; 57 FR 23063, June 1, 1992, as amended at 57
FR 37263, Aug. 18, 1992; 57 FR 41611, Sept. 10, 1992; 57 FR 49279, Oct.
30, 1992; 59 FR 38545, July 28, 1994; 60 FR 7848, Feb. 9, 1995]
Sec. 261.4 Exclusions.
(a) Materials which are not solid wastes. The following materials
are not solid wastes for the purpose of this part:
(1)(i) Domestic sewage; and
(ii) Any mixture of domestic sewage and other wastes that passes
through a sewer system to a publicly-owned treatment works for
treatment. ``Domestic sewage'' means untreated sanitary wastes that pass
through a sewer system.
(2) Industrial wastewater discharges that are point source
discharges subject to regulation under section 402 of the Clean Water
Act, as amended.
[Comment: This exclusion applies only to the actual point source
discharge. It does not exclude industrial wastewaters while they are
being collected, stored or treated before discharge, nor does it exclude
sludges that are generated by industrial wastewater treatment.]
(3) Irrigation return flows.
(4) Source, special nuclear or by-product material as defined by the
Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.
(5) Materials subjected to in-situ mining techniques which are not
removed from the ground as part of the extraction process.
(6) Pulping liquors (i.e., black liquor) that are reclaimed in a
pulping liquor recovery furnace and then reused in the pulping process,
unless it is accumulated speculatively as defined in Sec. 261.1(c) of
this chapter.
(7) Spent sulfuric acid used to produce virgin sulfuric acid, unless
it is accumulated speculatively as defined in Sec. 261.1(c) of this
chapter.
(8) Secondary materials that are reclaimed and returned to the
original process or processes in which they were generated where they
are reused in the production process provided:
(i) Only tank storage is involved, and the entire process through
completion of reclamation is closed by being entirely connected with
pipes or other comparable enclosed means of conveyance;
(ii) Reclamation does not involve controlled flame combustion (such
as occurs in boilers, industrial furnaces, or incinerators);
(iii) The secondary materials are never accumulated in such tanks
for over twelve months without being reclaimed; and
(iv) The reclaimed material is not used to produce a fuel, or used
to produce products that are used in a manner constituting disposal.
(9)(i) Spent wood preserving solutions that have been reclaimed and
are reused for their original intended purpose; and
(ii) Wastewaters from the wood preserving process that have been
reclaimed and are reused to treat wood.
(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
[[Page 38]]
drums (if shipped) and not land disposed before recovery.
(12) Recovered oil from petroleum refining, exploration and
production, and from transportation incident thereto, which is to be
inserted into the petroleum refining process (SIC Code 2911) at or
before a point (other than direct insertion into a coker) where
contaminants are removed. This exclusion applies to recovered oil stored
or transported prior to insertion, except that the oil must not be
stored in a manner involving placement on the land, and must not be
accumulated speculatively, before being so recycled. Recovered oil is
oil that has been reclaimed from secondary materials (such as
wastewater) generated from normal petroleum refining, exploration and
production, and transportation practices. Recovered oil includes oil
that is recovered from refinery wastewater collection and treatment
systems, oil recovered from oil and gas drilling operations, and oil
recovered from wastes removed from crude oil storage tanks. Recovered
oil does not include (among other things) oil-bearing hazardous waste
listed in 40 CFR part 261 D (e.g., K048-K052, F037, F038). However, oil
recovered from such wastes may be considered recovered oil. Recovered
oil also does not include used oil as defined in 40 CFR 279.1.
(b) Solid wastes which are not hazardous wastes. The following solid
wastes are not hazardous wastes:
(1) Household waste, including household waste that has been
collected, transported, stored, treated, disposed, recovered (e.g.,
refuse-derived fuel) or reused. ``Household waste'' means any material
(including garbage, trash and sanitary wastes in septic tanks) derived
from households (including single and multiple residences, hotels and
motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds and day-use recreation areas). A resource recovery facility
managing municipal solid waste shall not be deemed to be treating,
storing, disposing of, or otherwise managing hazardous wastes for the
purposes of regulation under this subtitle, if such facility:
(i) Receives and burns only
(A) Household waste (from single and multiple dwellings, hotels,
motels, and other residential sources) and
(B) Solid waste from commercial or industrial sources that does not
contain hazardous waste; and
(ii) Such facility does not accept hazardous wastes and the owner or
operator of such facility has established contractual requirements or
other appropriate notification or inspection procedures to assure that
hazardous wastes are not received at or burned in such facility.
(2) Solid wastes generated by any of the following and which are
returned to the soils as fertilizers:
(i) The growing and harvesting of agricultural crops.
(ii) The raising of animals, including animal manures.
(3) Mining overburden returned to the mine site.
(4) Fly ash waste, bottom ash waste, slag waste, and flue gas
emission control waste, generated primarily from the combusion of coal
or other fossil fuels, except as provided by Sec. 266.112 of this
chapter for facilities that burn or process hazardous waste.
(5) Drilling fluids, produced waters, and other wastes associated
with the exploration, development, or production of crude oil, natural
gas or geothermal energy.
(6)(i) Wastes which fail the test for the Toxicity Characteristic
because chromium is present or are listed in subpart D due to the
presence of chromium, which do not fail the test for the Toxicity
Characteristic for any other constituent or are not listed due to the
presence of any other constituent, and which do not fail the test for
any other characteristic, if it is shown by a waste generator or by
waste generators that:
(A) The chromium in the waste is exclusively (or nearly exclusively)
trivalent chromium; and
(B) The waste is generated from an industrial process which uses
trivalent chromium exlcusively (or nearly exclusively) and the process
does not generate hexavalent chromium; and
(C) The waste is typically and frequently managed in non-oxidizing
environments.
[[Page 39]]
(ii) Specific waste which meet the standard in paragraphs (b)(6)(i)
(A), (B), and (C) (so long as they do not fail the test for the toxicity
characteristic for any other constituent, and do not exhibit any other
characteristic) are:
(A) Chrome (blue) trimmings generated by the following subcategories
of the leather tanning and finishing industry; hair pulp/chrome tan/
retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet
finish; no beamhouse; through-the-blue; and shearling.
(B) Chrome (blue) shavings generated by the following subcategories
of the leather tanning and finishing industry: Hair pulp/chrome tan/
retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet
finish; no beamhouse; through-the-blue; and shearling.
(C) Buffing dust generated by the following subcategories of the
leather tanning and finishing industry; hair pulp/chrome tan/retan/wet
finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no
beamhouse; through-the-blue.
(D) Sewer screenings generated by the following subcategories of the
leather tanning and finishing industry: Hair pulp/crome tan/retan/wet
finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no
beamhouse; through-the-blue; and shearling.
(E) Wastewater treatment sludges generated by the following
subcategories of the leather tanning and finishing industry: Hair pulp/
chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through-the-blue; and shearling.
(F) Wastewater treatment sludes generated by the following
subcategories of the leather tanning and finishing industry: Hair pulp/
chrome tan/retan/wet finish; hair save/chrometan/retan/wet finish; and
through-the-blue.
(G) Waste scrap leather from the leather tanning industry, the shoe
manufacturing industry, and other leather product manufacturing
industries.
(H) Wastewater treatment sludges from the production of TiO2
pigment using chromium-bearing ores by the chloride process.
(7) Solid waste from the extraction, beneficiation, and processing
of ores and minerals (including coal, phosphate rock and overburden from
the mining of uranium ore), except as provided by Sec. 266.112 of this
chapter for facilities that burn or process hazardous waste. 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. For the purpose of Sec. 261.4(b)(7), solid waste from the
processing of ores and minerals includes only the following wastes:
(i) Slag from primary copper processing;
(ii) Slag from primary lead processing;
(iii) Red and brown muds from bauxite refining;
(iv) Phosphogypsum from phosphoric acid production;
(v) Slag from elemental phosphorus production;
(vi) Gasifier ash from coal gasification;
(vii) Process wastewater from coal gasification;
(viii) Calcium sulfate wastewater treatment plant sludge from
primary copper processing;
(ix) Slag tailings from primary copper processing;
(x) Fluorogypsum from hydrofluoric acid production;
(xi) Process wastewater from hydrofluoric acid production;
(xii) Air pollution control dust/sludge from iron blast furnaces;
(xiii) Iron blast furnace slag;
(xiv) Treated residue from roasting/leaching of chrome ore;
[[Page 40]]
(xv) Process wastewater from primary magnesium processing by the
anhydrous process;
(xvi) Process wastewater from phosphoric acid production;
(xvii) Basic oxygen furnace and open hearth furnace air pollution
control dust/sludge from carbon steel production;
(xviii) Basic oxygen furnace and open hearth furnace slag from
carbon steel production;
(xix) Chloride process waste solids from titanium tetrachloride
production;
(xx) Slag from primary zinc processing.
(8) Cement kiln dust waste, except as provided by Sec. 266.112 of
this chapter for facilities that burn or process hazardous waste.
(9) Solid waste which consists of discarded arsenical-treated wood
or wood products which fails the test for the Toxicity Characteristic
for Hazardous Waste Codes D004 through D017 and which is not a hazardous
waste for any other reason if the waste is generated by persons who
utilize the arsenical-treated wood and wood product for these materials'
intended end use.
(10) Petroleum-contaminated media and debris that fail the test for
the Toxicity Characteristic of Sec. 261.24 (Hazardous Waste Codes D018
through D043 only) and are subject to the corrective action regulations
under part 280 of this chapter.
(11) Injected groundwater that is hazardous only because it exhibits
the Toxicity Characteristic (Hazardous Waste Codes D018 through D043
only) in Sec. 261.24 of this part that is reinjected through an
underground injection well pursuant to free phase hydrocarbon recovery
operations undertaken at petroleum refineries, petroleum marketing
terminals, petroleum bulk plants, petroleum pipelines, and petroleum
transportation spill sites until January 25, 1993. This extension
applies to recovery operations in existence, or for which contracts have
been issued, on or before March 25, 1991. For groundwater returned
through infiltration galleries from such operations at petroleum
refineries, marketing terminals, and bulk plants, until [insert date six
months after publication]. New operations involving injection wells
(beginning after March 25, 1991) will qualify for this compliance date
extension (until January 25, 1993) only if:
(i) Operations are performed pursuant to a written state agreement
that includes a provision to assess the groundwater and the need for
further remediation once the free phase recovery is completed; and
(ii) A copy of the written agreement has been submitted to:
Characteristics Section (OS-333), U.S. Environmental Protection Agency,
401 M Street, SW., Washington, DC 20460.
(12) Used chlorofluorocarbon refrigerants from totally enclosed heat
transfer equipment, including mobile air conditioning systems, mobile
refrigeration, and commercial and industrial air conditioning and
refrigeration systems that use chlorofluorocarbons as the heat transfer
fluid in a refrigeration cycle, provided the refrigerant is reclaimed
for further use.
(13) Non-terne plated used oil filters that are not mixed with
wastes listed in subpart D of this part if these oil filters have been
gravity hot-drained using one of the following methods:
(i) Puncturing the filter anti-drain back valve or the filter dome
end and hot-draining;
(ii) Hot-draining and crushing;
(iii) Dismantling and hot-draining; or
(iv) Any other equivalent hot-draining method that will remove used
oil.
(14) Used oil re-refining distillation bottoms that are used as
feedstock to manufacture asphalt products.
(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
[[Page 41]]
or transportation of product or raw materials.
(d) Samples. (1) Except as provided in paragraph (d)(2) of this
section, a sample of solid waste or a sample of water, soil, or air,
which is collected for the sole purpose of testing to determine its
characteristics or composition, is not subject to any requirements of
this part or parts 262 through 268 or part 270 or part 124 of this
chapter or to the notification requirements of section 3010 of RCRA,
when:
(i) The sample is being transported to a laboratory for the purpose
of testing; or
(ii) The sample is being transported back to the sample collector
after testing; or
(iii) The sample is being stored by the sample collector before
transport to a laboratory for testing; or
(iv) The sample is being stored in a laboratory before testing; or
(v) The sample is being stored in a laboratory after testing but
before it is returned to the sample collector; or
(vi) The sample is being stored temporarily in the laboratory after
testing for a specific purpose (for example, until conclusion of a court
case or enforcement action where further testing of the sample may be
necessary).
(2) In order to qualify for the exemption in paragraphs (d)(1) (i)
and (ii) of this section, a sample collector shipping samples to a
laboratory and a laboratory returning samples to a sample collector
must:
(i) Comply with U.S. Department of Transportation (DOT), U.S. Postal
Service (USPS), or any other applicable shipping requirements; or
(ii) Comply with the following requirements if the sample collector
determines that DOT, USPS, or other shipping requirements do not apply
to the shipment of the sample:
(A) Assure that the following information accompanies the sample:
(1) The sample collector's name, mailing address, and telephone
number;
(2) The laboratory's name, mailing address, and telephone number;
(3) The quantity of the sample;
(4) The date of shipment; and
(5) A description of the sample.
(B) Package the sample so that it does not leak, spill, or vaporize
from its packaging.
(3) This exemption does not apply if the laboratory determines that
the waste is hazardous but the laboratory is no longer meeting any of
the conditions stated in paragraph (d)(1) of this section.
(e) Treatability Study Samples. (1) Except as provided in paragraph
(e)(2) of this section, persons who generate or collect samples for the
purpose of conducting treatability studies as defined in section 260.10,
are not subject to any requirement of parts 261 through 263 of this
chapter or to the notification requirements of Section 3010 of RCRA, nor
are such samples included in the quantity determinations of Sec. 261.5
and Sec. 262.34(d) when:
(i) The sample is being collected and prepared for transportation by
the generator or sample collector; or
(ii) The sample is being accumulated or stored by the generator or
sample collector prior to transportation to a laboratory or testing
facility; or
(iii) The sample is being transported to the laboratory or testing
facility for the purpose of conducting a treatability study.
(2) The exemption in paragraph (e)(1) of this section is applicable
to samples of hazardous waste being collected and shipped for the
purpose of conducting treatability studies provided that:
(i) The generator or sample collector uses (in ``treatability
studies'') no more than 10,000 kg of media contaminated with non-acute
hazardous waste, 1000 kg of non-acute hazardous waste other than
contaminated media, 1 kg of acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste for each process being 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
[[Page 42]]
from its packaging during shipment and the requirements of paragraph A
or B of this subparagraph are met.
(A) The transportation of each sample shipment complies with U.S.
Department of Transportation (DOT), U.S. Postal Service (USPS), or any
other applicable shipping requirements; or
(B) If the DOT, USPS, or other shipping requirements do not apply to
the shipment of the sample, the following information must accompany the
sample:
(1) The name, mailing address, and telephone number of the
originator of the sample;
(2) The name, address, and telephone number of the facility that
will perform the treatability study;
(3) The quantity of the sample;
(4) The date of shipment; and
(5) A description of the sample, including its EPA Hazardous Waste
Number.
(iv) The sample is shipped to a laboratory or testing facility which
is exempt under Sec. 261.4(f) or has an appropriate RCRA permit or
interim status.
(v) The generator or sample collector maintains the following
records for a period ending 3 years after completion of the treatability
study:
(A) Copies of the shipping documents;
(B) A copy of the contract with the facility conducting the
treatability study;
(C) Documentation showing:
(1) The amount of waste shipped under this exemption;
(2) The name, address, and EPA identification number of the
laboratory or testing facility that received the waste;
(3) The date the shipment was made; and
(4) Whether or not unused samples and residues were returned to the
generator.
(vi) The generator reports the information required under paragraph
(e)(v)(C) of this section in its biennial report.
(3) The Regional Administrator may grant requests on a case-by-case
basis for up to an additional two years for treatability studies
involving bioremediation. The Regional Administrator may grant requests
on a case-by-case basis for quantity limits in excess of those specified
in paragraphs (e)(2) (i) and (ii) and (f)(4) of this section, for up to
an additional 5000 kg of media contaminated with non-acute hazardous
waste, 500 kg of non-acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste and 1 kg of acute hazardous
waste:
(i) In response to requests for authorization to ship, store and
conduct treatabilty studies on additional quantities in advance of
commencing treatability studies. Factors to be considered in reviewing
such requests include the nature of the technology, the type of process
(e.g., batch versus continuous), size of the unit undergoing testing
(particularly in relation to scale-up considerations), the time/quantity
of material required to reach steady state operating conditions, or test
design considerations such as mass balance calculations.
(ii) In response to requests for authorization to ship, store and
conduct treatability studies on additional quantities after initiation
or completion of initial treatability studies, when: There has been an
equipment or mechanical failure during the conduct of a treatability
study; there is a need to verify the results of a previously conducted
treatability study; there is a need to study and analyze alternative
techniques within a previously evaluated treatment process; or there is
a need to do further evaluation of an ongoing treatability study to
determine final specifications for treatment.
(iii) The additional quantities and timeframes allowed in paragraph
(e)(3) (i) and (ii) of this section are subject to all the provisions in
paragraphs (e) (1) and (e)(2) (iii) through (vi) of this section. The
generator or sample collector must apply to the Regional Administrator
in the Region where the sample is collected and provide in writing the
following information:
(A) The reason why the generator or sample collector requires
additional time or quantity of sample for treatability study evaluation
and the additional time or quantity needed;
(B) Documentation accounting for all samples of hazardous waste from
the waste stream which have been sent for
[[Page 43]]
or undergone treatability studies including the date each previous
sample from the waste stream was shipped, the quantity of each previous
shipment, the laboratory or testing facility to which it was shipped,
what treatability study processes were conducted on each sample shipped,
and the available results on each treatability study;
(C) A description of the technical modifications or change in
specifications which will be evaluated and the expected results;
(D) If such further study is being required due to equipment or
mechanical failure, the applicant must include information regarding the
reason for the failure or breakdown and also include what procedures or
equipment improvements have been made to protect against further
breakdowns; and
(E) Such other information that the Regional Administrator considers
necessary.
(f) Samples Undergoing Treatability Studies at Laboratories and
Testing Facilities. Samples undergoing treatability studies and the
laboratory or testing facility conducting such treatability studies (to
the extent such facilities are not otherwise subject to RCRA
requirements) are not subject to any requirement of this part, part 124,
parts 262-266, 268, and 270, or to the notification requirements of
Section 3010 of RCRA provided that the conditions of paragraphs (f) (1)
through (11) of this section are met. A mobile treatment unit (MTU) may
qualify as a testing facility subject to paragraphs (f) (1) through (11)
of this section. Where a group of MTUs are located at the same site, the
limitations specified in (f) (1) through (11) of this section apply to
the entire group of MTUs collectively as if the group were one MTU.
(1) No less than 45 days before conducting treatability studies, the
facility notifies the Regional Administrator, or State Director (if
located in an authorized State), in writing that it intends to conduct
treatability studies under this paragraph.
(2) The laboratory or testing facility conducting the treatability
study has an EPA identification number.
(3) No more than a total of 10,000 kg of ``as received'' media
contaminated with non-acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste or 250 kg of other ``as
received'' hazardous waste is subject to initiation of treatment in all
treatability studies in any single day. ``As received'' waste refers to
the waste as received in the shipment from the generator or sample
collector.
(4) The quantity of ``as received'' hazardous waste stored at the
facility for the purpose of evaluation in treatability studies does not
exceed 10,000 kg, the total of which can include 10,000 kg of media
contaminated with non-acute hazardous waste, 2500 kg of media
contaminated with acute hazardous waste, 1000 kg of non-acute hazardous
wastes other than contaminated media, and 1 kg of acute hazardous waste.
This quantity limitation does not include treatment materials (including
nonhazardous solid waste) added to ``as received'' hazardous waste.
(5) No more than 90 days have elapsed since the treatability study
for the sample was completed, or no more than one year (two years for
treatability studies involving bioremediation) have elapsed since the
generator or sample collector shipped the sample to the laboratory or
testing facility, whichever date first occurs. Up to 500 kg of treated
material from a particular waste stream from treatability studies may be
archived for future evaluation up to five years from the date of initial
receipt. Quantities of materials archived are counted against the total
storage limit for the facility.
(6) The treatability study does not involve the placement of
hazardous waste on the land or open burning of hazardous waste.
(7) The facility maintains records for 3 years following completion
of each 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;
[[Page 44]]
(iv) The quantity of ``as received'' waste in storage each day;
(v) The date the treatment study was initiated and the amount of
``as received'' waste introduced to treatment each day;
(vi) The date the treatability study was concluded;
(vii) The date any unused sample or residues generated from the
treatability study were returned to the generator or sample collector
or, if sent to a designated facility, the name of the facility and the
EPA identification number.
(8) The facility keeps, on-site, a copy of the treatability study
contract and all shipping papers associated with the transport of
treatability study samples to and from the facility for a period ending
3 years from the completion date of each treatability study.
(9) The facility prepares and submits a report to the Regional
Administrator, or State Director (if located in an authorized State), by
March 15 of each year that estimates the number of studies and the
amount of waste expected to be used in treatability studies during the
current year, and includes the following information for the previous
calendar year:
(i) The name, address, and EPA identification number of the facility
conducting the treatability studies;
(ii) The types (by process) of treatability studies conducted;
(iii) The names and addresses of persons for whom studies have been
conducted (including their EPA identification numbers);
(iv) The total quantity of waste in storage each day;
(v) The quantity and types of waste subjected to treatability
studies;
(vi) When each treatability study was conducted;
(vii) The final disposition of residues and unused sample from each
treatability study.
(10) The facility determines whether any unused sample or residues
generated by the treatability study are hazardous waste under Sec. 261.3
and, if so, are subject to parts 261 through 268, and part 270 of this
chapter, unless the residues and unused samples are returned to the
sample originator under the Sec. 261.4(e) exemption.
(11) The facility notifies the Regional Administrator, or State
Director (if located in an authorized State), by letter when the
facility is no longer planning to conduct any treatability studies at
the site.
[45 FR 33119, May 19, 1980]
Editorial Note: For Federal Register citations affecting Sec. 261.4,
see the List of CFR Sections Affected in the Finding Aids section of
this volume.
Sec. 261.5 Special requirements for hazardous waste generated by conditionally exempt small quantity generators.
(a) A generator is a conditionally exempt small quantity generator
in a calendar month if he generates no more than 100 kilograms of
hazardous waste in that month.
(b) Except for those wastes identified in paragraphs (e), (f), (g),
and (j) of this section, a conditionally exempt small quantity
generator's hazardous wastes are not subject to regulation under parts
262 through 266, 268, and parts 270 and 124 of this chapter, and the
notification requirements of section 3010 of RCRA, provided the
generator complies with the requirements of paragraphs (f), (g), and (j)
of this section.
(c) When making the quantity determinations of this part and 40 CFR
part 262, the generator must include all hazardous waste that it
generates, except hazardous waste that:
(1) Is exempt from regulation under 40 CFR 261.4(c) through (f),
261.6(a)(3), 261.7(a)(1), or 261.8; or
(2) Is managed immediately upon generation only in on-site
elementary neutralization units, wastewater treatment units, or totally
enclosed treatment facilities as defined in 40 CFR 260.10; or
(3) Is recycled, without prior storage or accumulation, only in an
on-site process subject to regulation under 40 CFR 261.6(c)(2); or
(4) Is used oil managed under the requirements of 40 CFR 261.6(a)(4)
and 40 CFR part 279; or
(5) Is spent lead-acid batteries managed under the requirements of
40 CFR part 266, subpart G; or
(6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part
273.
[[Page 45]]
(d) In determining the quantity of hazardous waste generated, a
generator need not include:
(1) Hazardous waste when it is removed from on-site storage; or
(2) Hazardous waste produced by on-site treatment (including
reclamation) of his hazardous waste, so long as the hazardous waste that
is treated was counted once; or
(3) Spent materials that are generated, reclaimed, and subsequently
reused on-site, so long as such spent materials have been counted once.
(e) If a generator generates acute hazardous waste in a calendar
month in quantities greater than set forth below, all quantities of that
acute hazardous waste are subject to full regulation under parts 262
through 266, 268, and parts 270 and 124 of this chapter, and the
notification requirements of section 3010 of RCRA:
(1) A total of one kilogram of acute hazardous wastes listed in
Secs. 261.31, 261.32, or 261.33(e).
(2) A total of 100 kilograms of any residue or contaminated soil,
waste, or other debris resulting from the clean-up of a spill, into or
on any land or water, of any acute hazardous wastes listed in
Secs. 261.31, 261.32, or 261.33(e).
[Comment: ``Full regulation'' means those regulations applicable to
generators of greater than 1,000 kg of non-acutely hazardous waste in a
calendar month.]
(f) In order for acute hazardous wastes generated by a generator of
acute hazardous wastes in quantities equal to or less than those set
forth in paragraph (e)(1) or (2) of this section to be excluded from
full regulation under this section, the generator must comply with the
following requirements:
(1) Section 262.11 of this chapter;
(2) The generator may accumulate acute hazardous waste on-site. If
he accumulates at any time acute hazardous wastes in quantities greater
than those set forth in paragraph (e)(1) or (e)(2) of this section, all
of those accumulated wastes are subject to regulation under parts 262
through 266, 268, and parts 270 and 124 of this chapter, and the
applicable notification requirements of section 3010 of RCRA. The time
period of Sec. 262.34(a) of this chapter, for accumulation of wastes on-
site, begins when the accumulated wastes exceed the applicable exclusion
limit;
(3) A conditionally exempt small quantity generator may either treat
or dispose of his acute hazardous waste in an on-site facility or ensure
delivery to an off-site treatment, storage, or disposal facility, either
of which, if located in the U.S., is:
(i) Permitted under part 270 of this chapter;
(ii) In interim status under parts 270 and 265 of this chapter;
(iii) Authorized to manage hazardous waste by a State with a
hazardous waste management program approved under part 271 of this
chapter;
(iv) Permitted, licensed, or registered by a State to manage
municipal solid waste and, if managed in a municipal solid waste
landfill is subject to Part 258 of this chapter;
(v) Permitted, licensed, or registered by a State to manage non-
municipal non-hazardous waste and, if managed in a non-municipal non-
hazardous waste disposal unit after January 1, 1998, is subject to the
requirements in Secs. 257.5 through 257.30 of this chapter; or
(vi) A facility which:
(A) Beneficially uses or reuses, or legitimately recycles or
reclaims its waste; or
(B) Treats its waste prior to beneficial use or reuse, or legitimate
recycling or reclamation; or
(vii) For universal waste managed under part 273 of this chapter, a
universal waste handler or destination facility subject to the
requirements of part 273 of this chapter.
(g) In order for hazardous waste generated by a conditionally exempt
small quantity generator in quantities of less than 100 kilograms of
hazardous waste during a calendar month to be excluded from full
regulation under this section, the generator must comply with the
following requirements:
(1) Section 262.11 of this chapter;
(2) The conditionally exempt small quantity generator may accumulate
hazardous waste on-site. If he accumulates at any time more than a total
of 1000 kilograms of his hazardous wastes, all of those accumulated
wastes are subject to regulation under the special provisions of part
262 applicable to generators of between 100 kg and 1000 kg of hazardous
waste in a calendar month as well as the requirements of parts 263
[[Page 46]]
through 266, 268, and parts 270 and 124 of this chapter, and the
applicable notification requirements of section 3010 of RCRA. The time
period of Sec. 262.34(d) for accumulation of wastes on-site begins for a
conditionally exempt small quantity generator when the accumulated
wastes exceed 1000 kilograms;
(3) A conditionally exempt small quantity generator may either treat
or dispose of his hazardous waste in an on-site facility or ensure
delivery to an off-site treatment, storage or disposal facility, either
of which, if located in the U.S., is:
(i) Permitted under part 270 of this chapter;
(ii) In interim status under parts 270 and 265 of this chapter;
(iii) Authorized to manage hazardous waste by a State with a
hazardous waste management program approved under part 271 of this
chapter;
(iv) Permitted, licensed, or registered by a State to manage
municipal solid waste and, if managed in a municipal solid waste
landfill is subject to Part 258 of this chapter;
(v) Permitted, licensed, or registered by a State to manage non-
municipal non-hazardous waste and, if managed in a non-municipal non-
hazardous waste disposal unit after January 1, 1998, is subject to the
requirements in Secs. 257.5 through 257.30 of this chapter; or
(vi) A facility which:
(A) Beneficially uses or reuses, or legitimately recycles or
reclaims its waste; or
(B) Treats its waste prior to beneficial use or reuse, or legitimate
recycling or reclamation; or
(vii) For universal waste managed under part 273 of this chapter, a
universal waste handler or destination facility subject to the
requirements of part 273 of this chapter.
(h) Hazardous waste subject to the reduced requirements of this
section may be mixed with non-hazardous waste and remain subject to
these reduced requirements even though the resultant mixture exceeds the
quantity limitations identified in this section, unless the mixture
meets any of the characteristics of hazardous waste identified in
subpart C.
(i) If any person mixes a solid waste with a hazardous waste that
exceeds a quantity exclusion level of this section, the mixture is
subject to full regulation.
(j) If a conditionally exempt small quantity generator's wastes are
mixed with used oil, the mixture is subject to part 279 of this chapter
if it is destined to be burned for energy recovery. Any material
produced from such a mixture by processing, blending, or other treatment
is also so regulated if it is destined to be burned for energy recovery.
[51 FR 10174, Mar. 24, 1986, as amended at 51 FR 28682, Aug. 8, 1986; 51
FR 40637, Nov. 7, 1986; 53 FR 27163, July 19, 1988; 58 FR 26424, May 3,
1993; 60 FR 25541, May 11, 1995; 61 FR 34278, July 1, 1996]
Effective Date Note: At 61 FR 34278, July 1, 1996, Sec. 261.5 was
amended by revising (f)(3) and (g)(3), effective Jan. 1, 1997. For the
convenience of the user, the superseded text is set forth as follows:
Sec. 261.5 Special requirements for hazardous waste generated by
conditionally exempt small quantity generators.
* * * * *
(f) * * *
(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 or industrial solid waste;
(v) 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
(vi) 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)* * *
(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:
[[Page 47]]
(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 or industrial solid waste;
(v) 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
(vi) 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.
* * * * *
Sec. 261.6 Requirements for recyclable materials.
(a)(1) Hazardous wastes that are recycled are subject to the
requirements for generators, transporters, and storage facilities of
paragraphs (b) and (c) of this section, except for the materials listed
in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that
are recycled will be known as ``recyclable materials.''
(2) The following recyclable materials are not subject to the
requirements of this section but are regulated under subparts C through
H of part 266 of this chapter and all applicable provisions in parts 270
and 124 of this chapter:
(i) Recyclable materials used in a manner constituting disposal
(subpart C);
(ii) Hazardous wastes burned for energy recovery in boilers and
industrial furnaces that are not regulated under subpart O of part 264
or 265 of this chapter (subpart H);
(iii) Recyclable materials from which precious metals are reclaimed
(subpart F);
(iv) Spent lead-acid batteries that are being reclaimed (subpart G).
(3) The following recyclable materials are not subject to regulation
under parts 262 through parts 266 or parts 268, 270 or 124 of this
chapter, and are not subject to the notification requirements of section
3010 of RCRA:
(i) Industrial ethyl alcohol that is reclaimed except that, unless
provided otherwise in an international agreement as specified in
Sec. 262.58:
(A) A person initiating a shipment for reclamation in a foreign
country, and any intermediary arranging for the shipment, must comply
with the requirements applicable to a primary exporter in Secs. 262.53,
262.56 (a)(1)-(4), (6), and (b), and 262.57, export such materials only
upon consent of the receiving country and in conformance with the EPA
Acknowledgment of Consent as defined in subpart E of part 262, and
provide a copy of the EPA Acknowledgment of Consent to the shipment to
the transporter transporting the shipment for export;
(B) Transporters transporting a shipment for export may not accept a
shipment if he knows the shipment does not conform to the EPA
Acknowledgment of Consent, must ensure that a copy of the EPA
Acknowledgment of Consent accompanies the shipment and must ensure that
it is delivered to the facility designated by the person initiating the
shipment.
(ii) Scrap metal;
(iii) Fuels produced from the refining of oil-bearing hazardous
waste along with normal process streams at a petroleum refining facility
if such wastes result from normal petroleum refining, production, and
transportation practices (this exemption does not apply to fuels
produced from oil recovered from oil-bearing hazardous waste, where such
recovered oil is already excluded under Sec. 261.4(a)(12);
(iv)(A) Hazardous waste fuel produced from oil-bearing hazardous
wastes from petroleum refining, production, or transportation practices,
or produced from oil reclaimed from such hazardous wastes, where such
hazardous wastes are reintroduced into a process that does not use
distillation or does not produce products from crude oil so long as the
resulting fuel meets the used oil specification under Sec. 266.40(e) 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
[[Page 48]]
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. 266.40(e) 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. 266.40(e) of this chapter; and
(v) Petroleum coke produced from petroleum refinery hazardous wastes
containing oil by the same person who generated the waste, unless the
resulting coke product exceeds one or more of the characteristics of
hazardous waste in part 261, subpart C.
(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 or operators of facilities that store recyclable
materials before they are recycled are regulated under all applicable
provisions of subparts A through L, AA, and BB of parts 264 and 265, and
under parts 124, 266, 268, and 270 of this chapter and the notification
requirements under section 3010 of RCRA, except as provided in paragraph
(a) of this section. (The recycling process itself is exempt from
regulation except as provided in Sec. 261.6(d).)
(2) Owners or operators of facilities that recycle recyclable
materials without storing them before they are rcycled are subject to
the following requirements, except as provided in paragraph (a) of this
section:
(i) Notification requirements under section 3010 of RCRA;
(ii) Sections 265.71 and 265.72 (dealing with the use of the
manifest and manifest discrepancies) of this chapter.
(iii) Section 261.6(d) of this chapter.
(d) Owners or operators of facilities subject to RCRA permitting
requirements with hazardous waste management units that recycle
hazardous wastes are subject to the requirements of subparts AA and BB
of part 264 or 265 of this chapter.
[50 FR 49203, Nov. 29, 1985, as amended at 51 FR 28682, Aug. 8, 1986; 51
FR 40637, Nov. 7, 1986; 52 FR 11821, Apr. 13, 1987; 55 FR 25493, June
21, 1990; 56 FR 7207, Feb. 21, 1991; 56 FR 32692, July 17, 1991; 57 FR
41612, Sept. 10, 1992; 59 FR 38545, July 28, 1994; 60 FR 25541, May 11,
1995; 61 FR 16309, Apr. 12, 1996]
Effective Date Note: At 61 FR 16309, Apr. 12, 1996, Sec. 261.6(a)(5)
was added, effective July 11, 1996.
Sec. 261.7 Residues of hazardous waste in empty containers.
(a)(1) Any hazardous waste remaining in either (i) an empty
container or (ii) an inner liner removed from an empty container, as
defined in paragraph (b) of this section, is not subject to regulation
under parts 261 through 265, or part 268, 270 or 124 of this chapter or
to the notification requirements of section 3010 of RCRA.
(2) Any hazardous waste in either (i) a container that is not empty
or (ii) an inner liner removed from a container that is not empty, as
defined in paragraph (b) of this section, is subject to regulation under
parts 261 through 265, and parts 268, 270 and 124 of this chapter and to
the notification requirements of section 3010 of RCRA.
[[Page 49]]
(b)(1) A container or an inner liner removed from a container that
has held any hazardous waste, except a waste that is a compressed gas or
that is identified as an acute hazardous waste listed in Secs. 261.31,
261.32, or 261.33(e) of this chapter is empty if:
(i) All wastes have been removed that can be removed using the
practices commonly employed to remove materials from that type of
container, e.g., pouring, pumping, and aspirating, and
(ii) No more than 2.5 centimeters (one inch) of residue remain on
the bottom of the container or inner liner, or
(iii)(A) No more than 3 percent by weight of the total capacity of
the container remains in the container or inner liner if the container
is less than or equal to 110 gallons in size, or
(B) No more than 0.3 percent by weight of the total capacity of the
container remains in the container or inner liner if the container is
greater than 110 gallons in size.
(2) A container that has held a hazardous waste that is a compressed
gas is empty when the pressure in the container approaches atmospheric.
(3) A container or an inner liner removed from a container that has
held an acute hazardous waste listed in Secs. 261.31, 261.32, or
261.33(e) is empty if:
(i) The container or inner liner has been triple rinsed using a
solvent capable of removing the commercial chemical product or
manufacturing chemical intermediate;
(ii) The container or inner liner has been cleaned by another method
that has been shown in the scientific literature, or by tests conducted
by the generator, to achieve equivalent removal; or
(iii) In the case of a container, the inner liner that prevented
contact of the commercial chemical product or manufacturing chemical
intermediate with the container, has been removed.
[45 FR 78529, Nov. 25, 1980, as amended at 47 FR 36097, Aug. 18, 1982;
48 FR 14294, Apr. 1, 1983; 50 FR 1999, Jan. 14, 1985; 51 FR 40637, Nov.
7, 1986]
Sec. 261.8 PCB wastes regulated under Toxic Substance Control Act.
The disposal of PCB-containing dielectric fluid and electric
equipment containing such fluid authorized for use and regulated under
part 761 of this chapter and that are hazardous only because they fail
the test for the Toxicity Characteristic (Hazardous Waste Codes D018
through D043 only) are exempt from regulation under parts 261 through
265, and parts 268, 270, and 124 of this chapter, and the notification
requirements of section 3010 of RCRA.
[55 FR 11862, Mar. 29, 1990]
Sec. 261.9 Requirements for Universal Waste.
The wastes listed in this section are exempt from regulation under
parts 262 through 270 of this chapter except as specified in part 273 of
this chapter and, therefore are not fully regulated as hazardous waste.
The wastes listed in this section are subject to regulation under 40 CFR
part 273:
(a) Batteries as described in 40 CFR 273.2;
(b) Pesticides as described in 40 CFR 273.3; and
(c) Thermostats as described in 40 CFR 273.4.
[60 FR 25541, May 11, 1995]
Subpart B--Criteria for Identifying the Characteristics of Hazardous
Waste and for Listing Hazardous Waste
Sec. 261.10 Criteria for identifying the characteristics of hazardous waste.
(a) The Administrator shall identify and define a characteristic of
hazardous waste in subpart C only upon determining that:
(1) A solid waste that exhibits the characteristic may:
(i) Cause, or significantly contribute to, an increase in mortality
or an increase in serious irreversible, or incapacitating reversible,
illness; or
(ii) Pose a substantial present or potential hazard to human health
or the environment when it is improperly treated, stored, transported,
disposed of or otherwise managed; and
(2) The characteristic can be:
(i) Measured by an available standardized test method which is
reasonably within the capability of generators of solid waste or private
sector laboratories that are available to serve generators of solid
waste; or
[[Page 50]]
(ii) Reasonably detected by generators of solid waste through their
knowledge of their waste.
Sec. 261.11 Criteria for listing hazardous waste.
(a) The Administrator shall list a solid waste as a hazardous waste
only upon determining that the solid waste meets one of the following
criteria:
(1) It exhibits any of the characteristics of hazardous waste
identified in subpart C.
(2) It has been found to be fatal to humans in low doses or, in the
absence of data on human toxicity, it has been shown in studies to have
an oral LD 50 toxicity (rat) of less than 50 milligrams per kilogram, an
inhalation LC 50 toxicity (rat) of less than 2 milligrams per liter, or
a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per
kilogram or is otherwise capable of causing or significantly
contributing to an increase in serious irreversible, or incapacitating
reversible, illness. (Waste listed in accordance with these criteria
will be designated Acute Hazardous Waste.)
(3) It contains any of the toxic constituents listed in appendix
VIII and, after considering the following factors, the Administrator
concludes that the waste is capable of posing a substantial present or
potential hazard to human health or the environment when improperly
treated, stored, transported or disposed of, or otherwise managed:
(i) The nature of the toxicity presented by the constituent.
(ii) The concentration of the constituent in the waste.
(iii) The potential of the constituent or any toxic degradation
product of the constituent to migrate from the waste into the
environment under the types of improper management considered in
paragraph (a)(3)(vii) of this section.
(iv) The persistence of the constituent or any toxic degradation
product of the constituent.
(v) The potential for the constituent or any toxic degradation
product of the constituent to degrade into non-harmful constituents and
the rate of degradation.
(vi) The degree to which the constituent or any degradation product
of the constituent bioaccumulates in ecosystems.
(vii) The plausible types of improper management to which the waste
could be subjected.
(viii) The quantities of the waste generated at individual
generation sites or on a regional or national basis.
(ix) The nature and severity of the human health and environmental
damage that has occurred as a result of the improper management of
wastes containing the constituent.
(x) Action taken by other governmental agencies or regulatory
programs based on the health or environmental hazard posed by the waste
or waste constituent.
(xi) Such other factors as may be appropriate.
Substances will be listed on appendix VIII only if they have been shown
in scientific studies to have toxic, carcinogenic, mutagenic or
teratogenic effects on humans or other life forms.
(Wastes listed in accordance with these criteria will be designated
Toxic wastes.)
(b) The Administrator may list classes or types of solid waste as
hazardous waste if he has reason to believe that individual wastes,
within the class or type of waste, typically or frequently are hazardous
under the definition of hazardous waste found in section 1004(5) of the
Act.
(c) The Administrator will use the criteria for listing specified in
this section to establish the exclusion limits referred to in
Sec. 261.5(c).
[45 FR 33119, May 19, 1980, as amended at 55 FR 18726, May 4, 1990; 57
FR 14, Jan. 2, 1992]
Subpart C--Characteristics of Hazardous Waste
Sec. 261.20 General.
(a) A solid waste, as defined in Sec. 261.2, which is not excluded
from regulation as a hazardous waste under Sec. 261.4(b), is a hazardous
waste if it exhibits any of the characteristics identified in this
subpart.
[Comment: Sec. 262.11 of this chapter sets forth the generator's
responsibility to determine whether his waste exhibits one or more of
the characteristics identified in this subpart]
[[Page 51]]
(b) A hazardous waste which is identified by a characteristic in
this subpart is assigned every EPA Hazardous Waste Number that is
applicable as set forth in this subpart. This number must be used in
complying with the notification requirements of section 3010 of the Act
and all applicable recordkeeping and reporting requirements under parts
262 through 265, 268, and 270 of this chapter.
(c) For purposes of this subpart, the Administrator will consider a
sample obtained using any of the applicable sampling methods specified
in appendix I to be a representative sample within the meaning of part
260 of this chapter.
[Comment: Since the appendix I sampling methods are not being formally
adopted by the Administrator, a person who desires to employ an
alternative sampling method is not required to demonstrate the
equivalency of his method under the procedures set forth in Secs. 260.20
and 260.21.]
[45 FR 33119, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 55
FR 22684, June 1, 1990; 56 FR 3876, Jan. 31, 1991]
Sec. 261.21 Characteristic of ignitability.
(a) A solid waste exhibits the characteristic of ignitability if a
representative sample of the waste has any of the following properties:
(1) It is a liquid, other than an aqueous solution containing less
than 24 percent alcohol by volume and has flash point less than 60 deg.C
(140 deg.F), as determined by a Pensky-Martens Closed Cup Tester, using
the test method specified in ASTM Standard D-93-79 or D-93-80
(incorporated by reference, see Sec. 260.11), or a Setaflash Closed Cup
Tester, using the test method specified in ASTM Standard D-3278-78
(incorporated by reference, see Sec. 260.11), or as determined by an
equivalent test method approved by the Administrator under procedures
set forth in Secs. 260.20 and 260.21.
(2) It is not a liquid and is capable, under standard temperature
and pressure, of causing fire through friction, absorption of moisture
or spontaneous chemical changes and, when ignited, burns so vigorously
and persistently that it creates a hazard.
(3) It is an ignitable compressed gas as defined in 49 CFR 173.300
and as determined by the test methods described in that regulation or
equivalent test methods approved by the Administrator under Secs. 260.20
and 260.21.
(4) It is an oxidizer as defined in 49 CFR 173.151.
(b) A solid waste that exhibits the characteristic of ignitability
has the EPA Hazardous Waste Number of D001.
[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55
FR 22684, June 1, 1990]
Sec. 261.22 Characteristic of corrosivity.
(a) A solid waste exhibits the characteristic of corrosivity if a
representative sample of the waste has either of the following
properties:
(1) It is aqueous and has a pH less than or equal to 2 or greater
than or equal to 12.5, as determined by a pH meter using Method 9040 in
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
EPA Publication SW-846, as incorporated by reference in Sec. 260.11 of
this chapter.
(2) It is a liquid and corrodes steel (SAE 1020) at a rate greater
than 6.35 mm (0.250 inch) per year at a test temperature of 55 deg.C
(130 deg.F) as determined by the test method specified in NACE (National
Association of Corrosion Engineers) Standard TM-01-69 as standardized in
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
EPA Publication SW-846, as incorporated by reference in Sec. 260.11 of
this chapter.
(b) A solid waste that exhibits the characteristic of corrosivity
has the EPA Hazardous Waste Number of D002.
[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55
FR 22684, June 1, 1990; 58 FR 46049, Aug. 31, 1993]
Sec. 261.23 Characteristic of reactivity.
(a) A solid waste exhibits the characteristic of reactivity if a
representative sample of the waste has any of the following properties:
(1) It is normally unstable and readily undergoes violent change
without detonating.
(2) It reacts violently with water.
(3) It forms potentially explosive mixtures with water.
(4) When mixed with water, it generates toxic gases, vapors or fumes
in a quantity sufficient to present a danger to human health or the
environment.
[[Page 52]]
(5) It is a cyanide or sulfide bearing waste which, when exposed to
pH conditions between 2 and 12.5, can generate toxic gases, vapors or
fumes in a quantity sufficient to present a danger to human health or
the environment.
(6) It is capable of detonation or explosive reaction if it is
subjected to a strong initiating source or if heated under confinement.
(7) It is readily capable of detonation or explosive decomposition
or reaction at standard temperature and pressure.
(8) It is a forbidden explosive as defined in 49 CFR 173.51, or a
Class A explosive as defined in 49 CFR 173.53 or a Class B explosive as
defined in 49 CFR 173.88.
(b) A solid waste that exhibits the characteristic of reactivity has
the EPA Hazardous Waste Number of D003.
[45 FR 33119, May 19, 1980, as amended at 55 FR 22684, June 1, 1990]
Sec. 261.24 Toxicity characteristic.
(a) A solid waste exhibits the characteristic of toxicity if, using
the Toxicity Characteristic Leaching Procedure, test Method 1311 in
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
EPA Publication SW-846, as incorporated by reference in Sec. 260.11 of
this chapter, the extract from a representative sample of the waste
contains any of the contaminants listed in table 1 at the concentration
equal to or greater than the respective value given in that table. Where
the waste contains less than 0.5 percent filterable solids, the waste
itself, after filtering using the methodology outlined in Method 1311,
is considered to be the extract for the purpose of this section.
(b) A solid waste that exhibits the characteristic of toxicity has
the EPA Hazardous Waste Number specified in Table I which corresponds to
the toxic contaminant causing it to be hazardous.
Table 1--Maximum Concentration of Contaminants for the Toxicity
Characteristic
------------------------------------------------------------------------
Regulatory
EPA HW No.\1\ Contaminant CAS No.\2\ Level (mg/
L)
------------------------------------------------------------------------
D004 Arsenic................... 7440-38-2 5.0
D005 Barium.................... 7440-39-3 100.0
D018 Benzene................... 71-43-2 0.5
D006 Cadmium................... 7440-43-9 1.0
D019 Carbon tetrachloride...... 56-23-5 0.5
D020 Chlordane................. 57-74-9 0.03
D021 Chlorobenzene............. 108-90-7 100.0
D022 Chloroform................ 67-66-3 6.0
D007 Chromium.................. 7440-47-3 5.0
D023 o-Cresol.................. 95-48-7 \4\ 200.0
D024 m-Cresol.................. 108-39-4 \4\ 200.0
D025 p-Cresol.................. 106-44-5 \4\ 200.0
D026 Cresol.................... ........... \4\ 200.0
D016 2,4-D..................... 94-75-7 10.0
D027 1,4-Dichlorobenzene....... 106-46-7 7.5
D028 1,2-Dichloroethane........ 107-06-2 0.5
D029 1,1-Dichloroethylene...... 75-35-4 0.7
D030 2,4-Dinitrotoluene........ 121-14-2 \3\ 0.13
D012 Endrin.................... 72-20-8 0.02
D031 Heptachlor (and its 76-44-8 0.008
epoxide).
D032 Hexachlorobenzene......... 118-74-1 \3\ 0.13
D033 Hexachlorobutadiene....... 87-68-3 0.5
D034 Hexachloroethane.......... 67-72-1 3.0
D008 Lead...................... 7439-92-1 5.0
D013 Lindane................... 58-89-9 0.4
D009 Mercury................... 7439-97-6 0.2
D014 Methoxychlor.............. 72-43-5 10.0
D035 Methyl ethyl ketone...... 78-93-3 200.0
D036 Nitrobenzene.............. 98-95-3 2.0
D037 Pentrachlorophenol........ 87-86-5 100.0
D038 Pyridine.................. 110-86-1 \3\ 5.0
D010 Selenium.................. 7782-49-2 1.0
D011 Silver.................... 7440-22-4 5.0
D039 Tetrachloroethylene....... 127-18-4 0.7
D015 Toxaphene................. 8001-35-2 0.5
D040 Trichloroethylene......... 79-01-6 0.5
D041 2,4,5-Trichlorophenol..... 95-95-4 400.0
D042 2,4,6-Trichlorophenol..... 88-06-2 2.0
D017 2,4,5-TP (Silvex)......... 93-72-1 1.0
D043 Vinyl chloride............ 75-01-4 0.2
------------------------------------------------------------------------
\1\ Hazardous waste number.
\2\ Chemical abstracts service number.
\3\ Quantitation limit is greater than the calculated regulatory level.
The quantitation limit therefore becomes the regulatory level.
\4\ If o-, m-, and p-Cresol concentrations cannot be differentiated, the
total cresol (D026) concentration is used. The regulatory level of
total cresol is 200 mg/l.
[55 FR 11862, Mar. 29, 1990, as amended at 55 FR 22684, June 1, 1990; 55
FR 26987, June 29, 1990; 58 FR 46049, Aug. 31, 1993]
Subpart D--Lists of Hazardous Wastes
Sec. 261.30 General.
(a) A solid waste is a hazardous waste if it is listed in this
subpart, unless it has been excluded from this list under Secs. 260.20
and 260.22.
(b) The Administrator will indicate his basis for listing the
classes or types
[[Page 53]]
of wastes listed in this subpart by employing one or more of the
following Hazard Codes:
Ignitable Waste............................... (I)
Corrosive Waste............................... (C)
Reactive Waste................................ (R)
Toxicity Characteristic Waste................. (E)
Acute Hazardous Waste......................... (H)
Toxic Waste................................... (T)
Appendix VII identifies the constituent which caused the Administrator
to list the waste as a Toxicity Characteristic Waste (E) or Toxic Waste
(T) in Secs. 261.31 and 261.32.
(c) Each hazardous waste listed in this subpart is assigned an EPA
Hazardous Waste Number which precedes the name of the waste. This number
must be used in complying with the notification requirements of Section
3010 of the Act and certain recordkeeping and reporting requirements
under parts 262 through 265, 268, and part 270 of this chapter.
(d) The following hazardous wastes listed in Sec. 261.31 or
Sec. 261.32 are subject to the exclusion limits for acutely hazardous
wastes established in Sec. 261.5: EPA Hazardous Wastes Nos. FO20, FO21,
FO22, FO23, FO26, and FO27.
[45 FR 33119, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50
FR 2000, Jan. 14, 1985; 51 FR 40636, Nov. 7, 1986; 55 FR 11863, Mar. 29,
1990]
Sec. 261.31 Hazardous wastes from non-specific sources.Secs.
------------------------------------------------------------------------
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
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.
(T)
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.
[[Page 54]]
F008......................... Plating bath residues (R, T)
from the bottom of
plating baths from
electroplating
operations where
cyanides are used in the
process.
F009......................... Spent stripping and (R, T)
cleaning bath solutions
from electroplating
operations where
cyanides are used in the
process.
F010......................... Quenching bath residues (R, T)
from oil baths from
metal heat treating
operations where
cyanides are used in the
process.
F011......................... Spent cyanide solutions (R, T)
from salt bath pot
cleaning from metal heat
treating operations.
F012......................... Quenching waste water (T)
treatment sludges from
metal heat treating
operations where
cyanides are used in the
process.
F019......................... Wastewater treatment (T)
sludges from the
chemical conversion
coating of aluminum
except from zirconium
phosphating in aluminum
can washing when such
phosphating is an
exclusive conversion
coating process.
F020......................... Wastes (except wastewater (H)
and spent carbon from
hydrogen chloride
purification) from the
production or
manufacturing use (as a
reactant, chemical
intermediate, or
component in a
formulating process) of
tri- or
tetrachlorophenol, or of
intermediates used to
produce their pesticide
derivatives. (This
listing does not include
wastes from the
production of
Hexachlorophene from
highly purified 2,4,5-
trichlorophenol.).
F021......................... Wastes (except wastewater (H)
and spent carbon from
hydrogen chloride
purification) from the
production or
manufacturing use (as a
reactant, chemical
intermediate, or
component in a
formulating process) of
pentachlorophenol, or of
intermediates used to
produce its derivatives.
F022......................... Wastes (except wastewater (H)
and spent carbon from
hydrogen chloride
purification) from the
manufacturing use (as a
reactant, chemical
intermediate, or
component in a
formulating process) of
tetra-, penta-, or
hexachlorobenzenes under
alkaline conditions.
F023......................... Wastes (except wastewater (H)
and spent carbon from
hydrogen chloride
purification) from the
production of materials
on equipment previously
used for the production
or manufacturing use (as
a reactant, chemical
intermediate, or
component in a
formulating process) of
tri- and
tetrachlorophenols.
(This listing does not
include wastes from
equipment used only for
the production or use of
Hexachlorophene from
highly purified 2,4,5-
trichlorophenol.).
F024......................... Process wastes, including (T)
but not limited to,
distillation residues,
heavy ends, tars, and
reactor clean-out
wastes, from the
production of certain
chlorinated aliphatic
hydrocarbons by free
radical catalyzed
processes. These
chlorinated aliphatic
hydrocarbons are those
having carbon chain
lengths ranging from one
to and including five,
with varying amounts and
positions of chlorine
substitution. (This
listing does not include
wastewaters, wastewater
treatment sludges, spent
catalysts, and wastes
listed in Sec. 261.31
or Sec. 261.32.).
F025......................... Condensed light ends, (T)
spent filters and filter
aids, and spent
desiccant wastes from
the production of
certain chlorinated
aliphatic hydrocarbons,
by free radical
catalyzed processes.
These chlorinated
aliphatic hydrocarbons
are those having carbon
chain lengths ranging
from one to and
including five, with
varying amounts and
positions of chlorine
substitution.
F026......................... Wastes (except wastewater (H)
and spent carbon from
hydrogen chloride
purification) from the
production of materials
on equipment previously
used for the
manufacturing use (as a
reactant, chemical
intermediate, or
component in a
formulating process) of
tetra-, penta-, or
hexachlorobenzene under
alkaline conditions.
F027......................... Discarded unused (H)
formulations containing
tri-, tetra-, or
pentachlorophenol or
discarded unused
formulations containing
compounds derived from
these chlorophenols.
(This listing does not
include formulations
containing
Hexachlorophene
sythesized from
prepurified 2,4,5-
trichlorophenol as the
sole component.).
F028......................... Residues resulting from (T)
the incineration or
thermal treatment of
soil contaminated with
EPA Hazardous Waste Nos.
F020, F021, F022, F023,
F026, and F027.
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 55]]
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.
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.).
------------------------------------------------------------------------
[[Page 56]]
[46 FR 4617, Jan. 16, 1981, as amended at 60 FR 33913, June 29, 1995]
Editorial Note: For Federal Register citations affecting
Sec. 261.31, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 261.32 Hazardous wastes from specific sources.Secs.
------------------------------------------------------------------------
Industry and EPA hazardous
waste No. Hazardous waste Hazard code
------------------------------------------------------------------------
Wood preservation: K001........ Bottom sediment sludge (T)
from the treatment of
wastewaters from wood
preserving processes
that use creosote and/or
pentachlorophenol.
Inorganic pigments:
K002......................... Wastewater treatment (T)
sludge from the
production of chrome
yellow and orange
pigments.
K003......................... Wastewater treatment (T)
sludge from the
production of molybdate
orange pigments.
K004......................... Wastewater treatment (T)
sludge from the
production of zinc
yellow pigments.
K005......................... Wastewater treatment (T)
sludge from the
production of chrome
green pigments.
K006......................... Wastewater treatment (T)
sludge from the
production of chrome
oxide green pigments
(anhydrous and hydrated).
K007......................... Wastewater treatment (T)
sludge from the
production of iron blue
pigments.
K008......................... Oven residue from the (T)
production of chrome
oxide green pigments.
Organic chemicals:
K009......................... Distillation bottoms from (T)
the production of
acetaldehyde from
ethylene.
K010......................... Distillation side cuts (T)
from the production of
acetaldehyde from
ethylene.
K011......................... Bottom stream from the (R, T)
wastewater stripper in
the production of
acrylonitrile.
K013......................... Bottom stream from the (R, T)
acetonitrile column in
the production of
acrylonitrile.
K014......................... Bottoms from the (T)
acetonitrile
purification column in
the production of
acrylonitrile.
K015......................... Still bottoms from the (T)
distillation of benzyl
chloride.
K016......................... Heavy ends or (T)
distillation residues
from the production of
carbon tetrachloride.
K017......................... Heavy ends (still (T)
bottoms) from the
purification column in
the production of
epichlorohydrin.
K018......................... Heavy ends from the (T)
fractionation column in
ethyl chloride
production.
K019......................... Heavy ends from the (T)
distillation of ethylene
dichloride in ethylene
dichloride production.
K020......................... Heavy ends from the (T)
distillation of vinyl
chloride in vinyl
chloride monomer
production.
K021......................... Aqueous spent antimony (T)
catalyst waste from
fluoromethanes
production.
K022......................... Distillation bottom tars (T)
from the production of
phenol/acetone from
cumene.
K023......................... Distillation light ends (T)
from the production of
phthalic anhydride from
naphthalene.
K024......................... Distillation bottoms from (T)
the production of
phthalic anhydride from
naphthalene.
K025......................... Distillation bottoms from (T)
the production of
nitrobenzene by the
nitration of benzene.
K026......................... Stripping still tails (T)
from the production of
methy ethyl pyridines.
K027......................... Centrifuge and (R, T)
distillation residues
from toluene
diisocyanate production.
K028......................... Spent catalyst from the (T)
hydrochlorinator reactor
in the production of
1,1,1-trichloroethane.
K029......................... Waste from the product (T)
steam stripper in the
production of 1,1,1-
trichloroethane.
K030......................... Column bottoms or heavy (T)
ends from the combined
production of
trichloroethylene and
perchloroethylene.
K083......................... Distillation bottoms from (T)
aniline production.
K085......................... Distillation or (T)
fractionation column
bottoms from the
production of
chlorobenzenes.
K093......................... Distillation light ends (T)
from the production of
phthalic anhydride from
ortho-xylene.
K094......................... Distillation bottoms from (T)
the production of
phthalic anhydride from
ortho-xylene.
K095......................... Distillation bottoms from (T)
the production of 1,1,1-
trichloroethane.
K096......................... Heavy ends from the heavy (T)
ends column from the
production of 1,1,1-
trichloroethane.
K103......................... Process residues from (T)
aniline extraction from
the production of
aniline.
K104......................... Combined wastewater (T)
streams generated from
nitrobenzene/aniline
production.
K105......................... Separated aqueous stream (T)
from the reactor product
washing step in the
production of
chlorobenzenes.
K107......................... Column bottoms from (C,T)
product separation from
the production of 1,1-
dimethyl-hydrazine
(UDMH) from carboxylic
acid hydrazines.
K108......................... Condensed column (I,T)
overheads from product
separation and condensed
reactor vent gases from
the production of 1,1-
dimethylhydrazine (UDMH)
from carboxylic acid
hydrazides.
K109......................... Spent filter cartridges (T)
from product
purification from the
production of 1,1-
dimethylhydrazine (UDMH)
from carboxylic acid
hydrazides.
K110......................... Condensed column (T)
overheads from
intermediate separation
from the production of
1,1-dimethylhydrazine
(UDMH) from carboxylic
acid hydrazides.
K111......................... Product washwaters from (C,T)
the production of
dinitrotoluene via
nitration of toluene.
K112......................... Reaction by-product water (T)
from the drying column
in the production of
toluenediamine via
hydrogenation of
dinitrotoluene.
[[Page 57]]
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.
K157......................... Wastewaters (including (T)
scrubber waters,
condenser waters,
washwaters, and
separation waters) from
the production of
carbamates and carbamoyl
oximes.
K158......................... Bag house dusts and (T)
filter/separation solids
from the production of
carbamates and carbamoyl
oximes.
K159......................... Organics from the (T)
treatment of
thiocarbamate wastes.
K160......................... Solids (including filter (T)
wastes, separation
solids, and spent
catalysts) from the
production of
thiocarbamates and
solids from the
treatment of
thiocarbamate wastes.
K161......................... Purification solids (R,T)
(including filtration,
evaporation, and
centrifugation solids),
bag house dust and floor
sweepings from the
production of
dithiocarbamate acids
and their salts. (This
listing does not include
K125 or K126.).
Inorganic chemicals:
K071......................... Brine purification muds (T)
from the mercury cell
process in chlorine
production, where
separately prepurified
brine is not used.
K073......................... Chlorinated hydrocarbon (T)
waste from the
purification step of the
diaphragm cell process
using graphite anodes in
chlorine production.
K106......................... Wastewater treatment (T)
sludge from the mercury
cell process in chlorine
production.
Pesticides:
K031......................... By-product salts (T)
generated in the
production of MSMA and
cacodylic acid.
K032......................... Wastewater treatment (T)
sludge from the
production of chlordane.
K033......................... Wastewater and scrub (T)
water from the
chlorination of
cyclopentadiene in the
production of chlordane.
K034......................... Filter solids from the (T)
filtration of
hexachlorocyclopentadien
e in the production of
chlordane.
K035......................... Wastewater treatment (T)
sludges generated in the
production of creosote.
K036......................... Still bottoms from (T)
toluene reclamation
distillation in the
production of disulfoton.
K037......................... Wastewater treatment (T)
sludges from the
production of disulfoton.
K038......................... Wastewater from the (T)
washing and stripping of
phorate production.
K039......................... Filter cake from the (T)
filtration of
diethylphosphorodithioic
acid in the production
of phorate.
K040......................... Wastewater treatment (T)
sludge from the
production of phorate.
K041......................... Wastewater treatment (T)
sludge from the
production of toxaphene.
K042......................... Heavy ends or (T)
distillation residues
from the distillation of
tetrachlorobenzene in
the production of 2,4,5-
T.
K043......................... 2,6-Dichlorophenol waste (T)
from the production of
2,4-D.
K097......................... Vacuum stripper discharge (T)
from the chlordane
chlorinator in the
production of chlordane.
K098......................... Untreated process (T)
wastewater from the
production of toxaphene.
K099......................... Untreated wastewater from (T)
the production of 2,4-D.
K123......................... Process wastewater (T)
(including supernates,
filtrates, and
washwaters) from the
production of
ethylenebisdithiocarbami
c acid and its salt.
K124......................... Reactor vent scrubber (C, T)
water from the
production of
ethylenebisdithiocarbami
c acid and its salts.
K125......................... Filtration, evaporation, (T)
and centrifugation
solids from the
production of
ethylenebisdithiocarbami
c acid and its salts.
[[Page 58]]
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.
Iron and steel:
K061......................... Emission control dust/ (T)
sludge from the primary
production of steel in
electric furnaces.
K062......................... Spent pickle liquor (C,T)
generated by steel
finishing operations of
facilities within the
iron and steel industry
(SIC Codes 331 and 332).
Primary copper:
K064......................... Acid plant blowdown (T)
slurry/sludge resulting
from the thickening of
blowdown slurry from
primary copper
production.
Primary lead:
K065......................... Surface impoundment (T)
solids contained in and
dredged from surface
impoundments at primary
lead smelting facilities.
Primary zinc:
K066......................... Sludge from treatment of (T)
process wastewater and/
or acid plant blowdown
from primary zinc
production.
Primary aluminum:
K088......................... Spent potliners from (T)
primary aluminum
reduction.
Ferroalloys:
K090......................... Emission control dust or (T)
sludge from
ferrochromiumsilicon
production.
K091......................... Emission control dust or (T)
sludge from
ferrochromium production.
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.
K147......................... Tar storage tank residues (T)
from coal tar refining.
[[Page 59]]
K148......................... Residues from coal tar (T)
distillation, including
but not limited to,
still bottoms.
------------------------------------------------------------------------
[46 FR 4618, Jan. 16, 1981; 60 FR 7849, Feb. 9, 1995]
Editorial Note: For Federal Register citations affecting
Sec. 261.32, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 261.33 Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof.
The following materials or items are hazardous wastes if and when
they are discarded or intended to be discarded as described in
Sec. 261.2(a)(2)(i), when they are mixed with waste oil or used oil or
other material and applied to the land for dust suppression or road
treatment, when they are otherwise applied to the land in lieu of their
original intended use or when they are contained in products that are
applied to the land in lieu of their original intended use, or when, in
lieu of their original intended use, they are produced for use as (or as
a component of) a fuel, distributed for use as a fuel, or burned as a
fuel.
(a) Any commercial chemical product, or manufacturing chemical
intermediate having the generic name listed in paragraph (e) or (f) of
this section.
(b) Any off-specification commercial chemical product or
manufacturing chemical intermediate which, if it met specifications,
would have the generic name listed in paragraph (e) or (f) of this
section.
(c) Any residue remaining in a container or in an inner liner
removed from a container that has held any commercial chemical product
or manufacturing chemical intermediate having the generic name listed in
paragraphs (e) or (f) of this section, unless the container is empty as
defined in Sec. 261.7(b) of this chapter.
[Comment: Unless the residue is being beneficially used or reused, or
legitimately recycled or reclaimed; or being accumulated, stored,
transported or treated prior to such use, re-use, recycling or
reclamation, EPA considers the residue to be intended for discard, and
thus, a hazardous waste. An example of a legitimate re-use of the
residue would be where the residue remains in the container and the
container is used to hold the same commercial chemical product or
manufacturing chemical intermediate it previously held. An example of
the discard of the residue would be where the drum is sent to a drum
reconditioner who reconditions the drum but discards the residue.]
(d) Any residue or contaminated soil, water or other debris
resulting from the cleanup of a spill into or on any land or water of
any commercial chemical product or manufacturing chemical intermediate
having the generic name listed in paragraph (e) or (f) of this section,
or any residue or contaminated soil, water or other debris resulting
from the cleanup of a spill, into or on any land or water, of any off-
specification chemical product and manufacturing chemical intermediate
which, if it met specifications, would
[[Page 60]]
have the generic name listed in paragraph (e) or (f) of this section.
[Comment: The phrase ``commercial chemical product or manufacturing
chemical intermediate having the generic name listed in . . .'' refers
to a chemical substance which is manufactured or formulated for
commercial or manufacturing use which consists of the commercially pure
grade of the chemical, any technical grades of the chemical that are
produced or marketed, and all formulations in which the chemical is the
sole active ingredient. It does not refer to a material, such as a
manufacturing process waste, that contains any of the substances listed
in paragraph (e) or (f). Where a manufacturing process waste is deemed
to be a hazardous waste because it contains a substance listed in
paragraph (e) or (f), such waste will be listed in either Sec. 261.31 or
Sec. 261.32 or will be identified as a hazardous waste by the
characteristics set forth in subpart C of this part.]
(e) The commercial chemical products, manufacturing chemical
intermediates or off-specification commercial chemical products or
manufacturing chemical intermediates referred to in paragraphs (a)
through (d) of this section, are identified as acute hazardous wastes
(H) and are subject to be the small quantity exclusion defined in
Sec. 261.5(e).
[Comment: For the convenience of the regulated community the primary
hazardous properties of these materials have been indicated by the
letters T (Toxicity), and R (Reactivity). Absence of a letter indicates
that the compound only is listed for acute toxicity.]
These wastes and their corresponding EPA Hazardous Waste Numbers
are:
------------------------------------------------------------------------
Chemical
Hazardous waste abstracts Substance
No. No.
------------------------------------------------------------------------
P023 107-20-0 Acetaldehyde, chloro-
P002 591-08-2 Acetamide, N-(aminothioxomethyl)-
P057 640-19-7 Acetamide, 2-fluoro-
P058 62-74-8 Acetic acid, fluoro-, sodium salt
P002 591-08-2 1-Acetyl-2-thiourea
P003 107-02-8 Acrolein
P070 116-06-3 Aldicarb
P203 1646-88-4 Aldicarb sulfone.
P004 309-00-2 Aldrin
P005 107-18-6 Allyl alcohol
P006 20859-73-8 Aluminum phosphide (R,T)
P007 2763-96-4 5-(Aminomethyl)-3-isoxazolol
P008 504-24-5 4-Aminopyridine
P009 131-74-8 Ammonium picrate (R)
P119 7803-55-6 Ammonium vanadate
P099 506-61-6 Argentate(1-), bis(cyano-C)-,
potassium
P010 7778-39-4 Arsenic acid H3AsO4
P012 1327-53-3 Arsenic oxide As2O3
P011 1303-28-2 Arsenic oxide As2O5
P011 1303-28-2 Arsenic pentoxide
P012 1327-53-3 Arsenic trioxide
P038 692-42-2 Arsine, diethyl-
P036 696-28-6 Arsonous dichloride, phenyl-
P054 151-56-4 Aziridine
P067 75-55-8 Aziridine, 2-methyl-
P013 542-62-1 Barium cyanide
P024 106-47-8 Benzenamine, 4-chloro-
P077 100-01-6 Benzenamine, 4-nitro-
P028 100-44-7 Benzene, (chloromethyl)-
P042 51-43-4 1,2-Benzenediol, 4-[1-hydroxy-2-
(methylamino)ethyl]-, (R)-
P046 122-09-8 Benzeneethanamine, alpha,alpha-
dimethyl-
P014 108-98-5 Benzenethiol
P127 1563-66-2 7-Benzofuranol, 2,3-dihydro-2,2-
dimethyl-, methylcarbamate.
P188 57-64-7 Benzoic acid, 2-hydroxy-, compd. with
(3aS-cis)-1,2,3,3a,8,8a-hexahydro-
1,3a,8-trimethylpyrrolo[2,3-b]indol-5-
yl methylcarbamate ester (1:1).
P001 \1\ 81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
oxo-1-phenylbutyl)-, & salts, when
present at concentrations greater
than 0.3%
P028 100-44-7 Benzyl chloride
P015 7440-41-7 Beryllium powder
P017 598-31-2 Bromoacetone
P018 357-57-3 Brucine
P045 39196-18-4 2-Butanone, 3,3-dimethyl-1-
(methylthio)-,
O-[methylamino)carbonyl] oxime
P021 592-01-8 Calcium cyanide
P021 592-01-8 Calcium cyanide Ca(CN)2
[[Page 61]]
P189 55285-14-8 Carbamic acid, [(dibutylamino)-
thio]methyl-, 2,3-dihydro-2,2-
dimethyl- 7-benzofuranyl ester.
P191 644-64-4 Carbamic acid, dimethyl-, 1-[(dimethyl-
amino)carbonyl]- 5-methyl-1H- pyrazol-
3-yl ester.
P192 119-38-0 Carbamic acid, dimethyl-, 3-methyl-1-
(1-methylethyl)-1H- pyrazol-5-yl
ester.
P190 1129-41-5 Carbamic acid, methyl-, 3-methylphenyl
ester.
P127 1563-66-2 Carbofuran.
P022 75-15-0 Carbon disulfide
P095 75-44-5 Carbonic dichloride
P189 55285-14-8 Carbosulfan.
P023 107-20-0 Chloroacetaldehyde
P024 106-47-8 p-Chloroaniline
P026 5344-82-1 1-(o-Chlorophenyl)thiourea
P027 542-76-7 3-Chloropropionitrile
P029 544-92-3 Copper cyanide
P029 544-92-3 Copper cyanide Cu(CN)
P202 64-00-6 m-Cumenyl methylcarbamate.
P030 ............ Cyanides (soluble cyanide salts), not
otherwise specified
P031 460-19-5 Cyanogen
P033 506-77-4 Cyanogen chloride
P033 506-77-4 Cyanogen chloride (CN)Cl
P034 131-89-5 2-Cyclohexyl-4,6-dinitrophenol
P016 542-88-1 Dichloromethyl ether
P036 696-28-6 Dichlorophenylarsine
P037 60-57-1 Dieldrin
P038 692-42-2 Diethylarsine
P041 311-45-5 Diethyl-p-nitrophenyl phosphate
P040 297-97-2 O,O-Diethyl O-pyrazinyl
phosphorothioate
P043 55-91-4 Diisopropylfluorophosphate (DFP)
P004 309-00-2 1,4,5,8-Dimethanonaphthalene,
1,2,3,4,10,10-hexa- chloro-
1,4,4a,5,8,8a,-hexahydro-,
(1alpha,4alpha,4abeta,5alpha,8alpha,8
abeta)-
P060 465-73-6 1,4,5,8-Dimethanonaphthalene,
1,2,3,4,10,10-hexa- chloro-
1,4,4a,5,8,8a-hexahydro-,
(1alpha,4alpha,4abeta,5beta,8beta,8ab
eta)-
P037 60-57-1 2,7:3,6-Dimethanonaphth[2,3-b]oxirene,
3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2aalpha,3beta,6beta,6a
alpha,7beta, 7aalpha)-
P051 \1\ 72-20-8 2,7:3,6-Dimethanonaphth [2,3-
b]oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2abeta,3alpha,6alpha,6
abeta,7beta, 7aalpha)-, & metabolites
P044 60-51-5 Dimethoate
P046 122-09-8 alpha,alpha-Dimethylphenethylamine
P191 644-64-4 Dimetilan.
P047 \1\ 534-52-1 4,6-Dinitro-o-cresol, & salts
P048 51-28-5 2,4-Dinitrophenol
P020 88-85-7 Dinoseb
P085 152-16-9 Diphosphoramide, octamethyl-
P111 107-49-3 Diphosphoric acid, tetraethyl ester
P039 298-04-4 Disulfoton
P049 541-53-7 Dithiobiuret
P185 26419-73-8 1,3-Dithiolane-2-carboxaldehyde, 2,4-
dimethyl-, O- [(methylamino)-
carbonyl]oxime.
P050 115-29-7 Endosulfan
P088 145-73-3 Endothall
P051 72-20-8 Endrin
P051 72-20-8 Endrin, & metabolites
P042 51-43-4 Epinephrine
P031 460-19-5 Ethanedinitrile
P194 23135-22-0 Ethanimidothioc acid, 2-
(dimethylamino)-N-[[(methylamino)
carbonyl]oxy]-2-oxo-, methyl ester.
P066 16752-77-5 Ethanimidothioic acid,
N-[[(methylamino)carbonyl]oxy]-,
methyl ester
P101 107-12-0 Ethyl cyanide
P054 151-56-4 Ethyleneimine
P097 52-85-7 Famphur
P056 7782-41-4 Fluorine
P057 640-19-7 Fluoroacetamide
P058 62-74-8 Fluoroacetic acid, sodium salt
P198 23422-53-9 Formetanate hydrochloride.
P197 17702-57-7 Formparanate.
P065 628-86-4 Fulminic acid, mercury(2+) salt (R,T)
P059 76-44-8 Heptachlor
P062 757-58-4 Hexaethyl tetraphosphate
P116 79-19-6 Hydrazinecarbothioamide
P068 60-34-4 Hydrazine, methyl-
P063 74-90-8 Hydrocyanic acid
P063 74-90-8 Hydrogen cyanide
[[Page 62]]
P096 7803-51-2 Hydrogen phosphide
P060 465-73-6 Isodrin
P192 119-38-0 Isolan.
P202 64-00-6 3-Isopropylphenyl N-methylcarbamate.
P007 2763-96-4 3(2H)-Isoxazolone, 5-(aminomethyl)-
P196 15339-36-3 Manganese,
bis(dimethylcarbamodithioato-S,S')-,
P196 15339-36-3 Manganese dimethyldithiocarbamate.
P092 62-38-4 Mercury, (acetato-O)phenyl-
P065 628-86-4 Mercury fulminate (R,T)
P082 62-75-9 Methanamine, N-methyl-N-nitroso-
P064 624-83-9 Methane, isocyanato-
P016 542-88-1 Methane, oxybis[chloro-
P112 509-14-8 Methane, tetranitro- (R)
P118 75-70-7 Methanethiol, trichloro-
P198 23422-53-9 Methanimidamide, N,N-dimethyl-N'-[3-
[[(methylamino)-carbonyl]oxy]phenyl]-
, monohydrochloride.
P197 17702-57-7 Methanimidamide, N,N-dimethyl-N'-[2-
methyl-4-
[[(methylamino)carbonyl]oxy]phenyl]-
P050 115-29-7 6,9-Methano-2,4,3-benzodioxathiepin,
6,7,8,9,10,10-
hexachloro-1,5,5a,6,9,9a-hexahydro-,
3-oxide
P059 76-44-8 4,7-Methano-1H-indene, 1,4,5,6,7,8,8-
heptachloro-
3a,4,7,7a-tetrahydro-
P199 2032-65-7 Methiocarb.
P066 16752-77-5 Methomyl
P068 60-34-4 Methyl hydrazine
P064 624-83-9 Methyl isocyanate
P069 75-86-5 2-Methyllactonitrile
P071 298-00-0 Methyl parathion
P190 1129-41-5 Metolcarb.
P128 315-8-4 Mexacarbate.
P072 86-88-4 alpha-Naphthylthiourea
P073 13463-39-3 Nickel carbonyl
P073 13463-39-3 Nickel carbonyl Ni(CO)4, (T-4)-
P074 557-19-7 Nickel cyanide
P074 557-19-7 Nickel cynaide Ni(CN)2
P075 \1\ 54-11-5 Nicotine, & salts
P076 10102-43-9 Nitric oxide
P077 100-01-6 p-Nitroaniline
P078 10102-44-0 Nitrogen dioxide
P076 10102-43-9 Nitrogen oxide NO
P078 10102-44-0 Nitrogen oxide NO2
P081 55-63-0 Nitroglycerine (R)
P082 62-75-9 N-Nitrosodimethylamine
P084 4549-40-0 N-Nitrosomethylvinylamine
P085 152-16-9 Octamethylpyrophosphoramide
P087 20816-12-0 Osmium oxide OsO4, (T-4)-
P087 20816-12-0 Osmium tetroxide
P088 145-73-3 7-Oxabicyclo[2.2.1]heptane-2,3-
dicarboxylic acid
P194 23135-22-0 Oxamyl.
P089 56-38-2 Parathion
P034 131-89-5 Phenol, 2-cyclohexyl-4,6-dinitro-
P048 51-28-5 Phenol, 2,4-dinitro-
P047 \1\ 534-52-1 Phenol, 2-methyl-4,6-dinitro-, & salts
P020 88-85-7 Phenol, 2-(1-methylpropyl)-4,6-dinitro-
P009 131-74-8 Phenol, 2,4,6-trinitro-, ammonium salt
(R)
P128 315-18-4 Phenol, 4-(dimethylamino)-3,5-dimethyl-
, methylcarbamate (ester).
P199 2032-65-7 Phenol, (3,5-dimethyl-4-(methylthio)-,
methylcarbamate
P202 64-00-6 Phenol, 3-(1-methylethyl)-, methyl
carbamate.
P201 2631-37-0 Phenol, 3-methyl-5-(1-methylethyl)-,
methyl carbamate.
P092 62-38-4 Phenylmercury acetate
P093 103-85-5 Phenylthiourea
P094 298-02-2 Phorate
P095 75-44-5 Phosgene
P096 7803-51-2 Phosphine
P041 311-45-5 Phosphoric acid, diethyl 4-nitrophenyl
ester
P039 298-04-4 Phosphorodithioic acid, O,O-diethyl
S-[2-(ethylthio)ethyl] ester
P094 298-02-2 Phosphorodithioic acid, O,O-diethyl
S-[(ethylthio)methyl] ester
P044 60-51-5 Phosphorodithioic acid, O,O-dimethyl S-
[2-(methylamino)-2-oxoethyl] ester
P043 55-91-4 Phosphorofluoridic acid, bis(1-
methylethyl) ester
P089 56-38-2 Phosphorothioic acid, O,O-diethyl O-(4-
nitrophenyl) ester
P040 297-97-2 Phosphorothioic acid, O,O-diethyl O-
pyrazinyl ester
[[Page 63]]
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 Tl2O3
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
[(H2N)C(S)]2NH
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 V2O5
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 Zn3P2, when present at
concentrations greater than 10% (R,T)
P205 137-30-4 Ziram.
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.
[[Page 64]]
(f) The commercial chemical products, manfacturing chemical
intermediates, or off-specification commercial chemical products
referred to in paragraphs (a) through (d) of this section, are
identified as toxic wastes (T), unless otherwise designated and are
subject to the small quantity generator exclusion defined in Sec. 261.5
(a) and (g).
[Comment: For the convenience of the regulated community, the primary
hazardous properties of these materials have been indicated by the
letters T (Toxicity), R (Reactivity), I (Ignitability) and C
(Corrosivity). Absence of a letter indicates that the compound is only
listed for toxicity.]
These wastes and their corresponding EPA Hazardous Waste Numbers
are:
------------------------------------------------------------------------
Chemical
Hazardous waste abstracts Substance
No. No.
------------------------------------------------------------------------
U394 30558-43-1 A2213.
U001 75-07-0 Acetaldehyde (I)
U034 75-87-6 Acetaldehyde, trichloro-
U187 62-44-2 Acetamide, N-(4-ethoxyphenyl)-
U005 53-96-3 Acetamide, N-9H-fluoren-2-yl-
U240 \1\ 94-75-7 Acetic acid, (2,4-dichlorophenoxy)-,
salts & esters
U112 141-78-6 Acetic acid ethyl ester (I)
U144 301-04-2 Acetic acid, lead(2+) salt
U214 563-68-8 Acetic acid, thallium(1+) salt
see F027 93-76-5 Acetic acid, (2,4,5-trichlorophenoxy)-
U002 67-64-1 Acetone (I)
U003 75-05-8 Acetonitrile (I,T)
U004 98-86-2 Acetophenone
U005 53-96-3 2-Acetylaminofluorene
U006 75-36-5 Acetyl chloride (C,R,T)
U007 79-06-1 Acrylamide
U008 79-10-7 Acrylic acid (I)
U009 107-13-1 Acrylonitrile
U011 61-82-5 Amitrole
U012 62-53-3 Aniline (I,T)
U136 75-60-5 Arsinic acid, dimethyl-
U014 492-80-8 Auramine
U015 115-02-6 Azaserine
U365 2212-67-1 H-Azepine-1-carbothioic acid,
hexahydro-, S-ethyl ester.
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
[[Page 65]]
U107 117-84-0 1,2-Benzenedicarboxylic acid, dioctyl
ester
U070 95-50-1 Benzene, 1,2-dichloro-
U071 541-73-1 Benzene, 1,3-dichloro-
U072 106-46-7 Benzene, 1,4-dichloro-
U060 72-54-8 Benzene, 1,1-(2,2-
dichloroethylidene)bis[4-chloro-
U017 98-87-3 Benzene, (dichloromethyl)-
U223 26471-62-5 Benzene, 1,3-diisocyanatomethyl- (R,T)
U239 1330-20-7 Benzene, dimethyl- (I,T)
U201 108-46-3 1,3-Benzenediol
U127 118-74-1 Benzene, hexachloro-
U056 110-82-7 Benzene, hexahydro- (I)
U220 108-88-3 Benzene, methyl-
U105 121-14-2 Benzene, 1-methyl-2,4-dinitro-
U106 606-20-2 Benzene, 2-methyl-1,3-dinitro-
U055 98-82-8 Benzene, (1-methylethyl)- (I)
U169 98-95-3 Benzene, nitro-
U183 608-93-5 Benzene, pentachloro-
U185 82-68-8 Benzene, pentachloronitro-
U020 98-09-9 Benzenesulfonic acid chloride (C,R)
U020 98-09-9 Benzenesulfonyl chloride (C,R)
U207 95-94-3 Benzene, 1,2,4,5-tetrachloro-
U061 50-29-3 Benzene, 1,1-(2,2,2-
trichloroethylidene)bis[4-chloro-
U247 72-43-5 Benzene, 1,1-(2,2,2-
trichloroethylidene)bis[4- methoxy-
U023 98-07-7 Benzene, (trichloromethyl)-
U234 99-35-4 Benzene, 1,3,5-trinitro-
U021 92-87-5 Benzidine
U202 \1\ 81-07-2 1,2-Benzisothiazol-3(2H)-one, 1,1-
dioxide, & salts
U278 22781-23-3 1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
methyl carbamate.
U364 22961-82-6 1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
U203 94-59-7 1,3-Benzodioxole, 5-(2-propenyl)-
U141 120-58-1 1,3-Benzodioxole, 5-(1-propenyl)-
U367 1563-38-8 7-Benzofuranol, 2,3-dihydro-2,2-
dimethyl-
U090 94-58-6 1,3-Benzodioxole, 5-propyl-
U064 189-55-9 Benzo[rst]pentaphene
U248 \1\81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
oxo-1-phenyl-butyl)-, & salts, when
present at concentrations of 0.3% or
less
U022 50-32-8 Benzo[a]pyrene
U197 106-51-4 p-Benzoquinone
U023 98-07-7 Benzotrichloride (C,R,T)
U085 1464-53-5 2,2-Bioxirane
U021 92-87-5 [1,1-Biphenyl]-4,4-diamine
U073 91-94-1 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
dichloro-
U091 119-90-4 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
dimethoxy-
U095 119-93-7 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
dimethyl-
U401 97-74-5 Bis(dimethylthiocarbamoyl) sulfide.
U400 120-54-7 Bis(pentamethylene)thiuram
tetrasulfide.
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)
U392 2008-41-5 Butylate.
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.
U375 55406-53-6 Carbamic acid, butyl-, 3-iodo-2-
propynyl 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-
[[Page 66]]
U379 136-30-1 Carbamodithioic acid, dibutyl, sodium
salt.
U277 95-06-7 Carbamodithioic acid, diethyl-, 2-
chloro-2-propenyl ester.
U381 148-18-5 Carbamodithioic acid, diethyl-, sodium
salt.
U383 128-03-0 Carbamodithioic acid, dimethyl,
potassium salt.
U382 128-04-1 Carbamodithioic acid, dimethyl-,
sodium salt.
U376 144-34-3 Carbamodithioic acid, dimethyl-,
tetraanhydrosulfide with
orthothioselenious acid.
U378 51026-28-9 Carbamodithioic acid,
(hydroxymethyl)methyl-, monopotassium
salt.
U384 137-42-8 Carbamodithioic acid, methyl-,
monosodium salt.
U377 137-41-7 Carbamodithioic acid, methyl,-
monopotassium salt.
U389 2303-17-5 Carbamothioic acid, bis(1-methylethyl)-
, S-(2,3,3-trichloro-2-propenyl)
ester.
U392 2008-41-5 Carbamothioic acid, bis(2-
methylpropyl)-, S-ethyl ester.
U391 1114-71-2 Carbamothioic acid, butylethyl-, S-
propyl ester.
U386 1134-23-2 Carbamothioic acid, cyclohexylethyl-,
S-ethyl ester.
U390 759-94-4 Carbamothioic acid, dipropyl-, S-ethyl
ester.
U387 52888-80-9 Carbamothioic acid, dipropyl-, S-
(phenylmethyl) ester.
U385 1929-77-7 Carbamothioic acid, dipropyl-, S-
propyl ester.
U114 \1\ 111-54-6 Carbamodithioic acid, 1,2-
ethanediylbis-,
salts & esters
U062 2303-16-4 Carbamothioic acid, bis(1-methylethyl)-
, S-(2,3-dichloro-2-propenyl) ester
U279 63-25-2 Carbaryl.
U372 10605-21-7 Carbendazim.
U367 1563-38-8 Carbofuran phenol.
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 H2CrO4, calcium salt
U050 218-01-9 Chrysene
U393 137-29-1 Copper, bis(dimethylcarbamodithioato-
S,S')-,
U393 137-29-1 Copper dimethyldithiocarbamate.
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
U386 1134-23-2 Cycloate.
U197 106-51-4 2,5-Cyclohexadiene-1,4-dione
U056 110-82-7 Cyclohexane (I)
U129 58-89-9 Cyclohexane, 1,2,3,4,5,6-hexachloro-,
(1alpha,2alpha,3beta,4alpha,5alpha,6
beta)-
U057 108-94-1 Cyclohexanone (I)
U130 77-47-4 1,3-Cyclopentadiene, 1,2,3,4,5,5-
hexachloro-
U058 50-18-0 Cyclophosphamide
U240 \1\ 94-75-7 2,4-D, salts & esters
U059 20830-81-3 Daunomycin
U366 533-74-4 Dazomet.
U060 72-54-8 DDD
U061 50-29-3 DDT
U062 2303-16-4 Diallate
U063 53-70-3 Dibenz[a,h]anthracene
U064 189-55-9 Dibenzo[a,i]pyrene
U066 96-12-8 1,2-Dibromo-3-chloropropane
U069 84-74-2 Dibutyl phthalate
U070 95-50-1 o-Dichlorobenzene
U071 541-73-1 m-Dichlorobenzene
U072 106-46-7 p-Dichlorobenzene
U073 91-94-1 3,3'-Dichlorobenzidine
U074 764-41-0 1,4-Dichloro-2-butene (I,T)
[[Page 67]]
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
U403 97-77-8 Disulfiram.
U390 759-94-4 EPTC.
U041 106-89-8 Epichlorohydrin
U001 75-07-0 Ethanal (I)
U404 121-44-8 Ethanamine, N,N-diethyl-
U174 55-18-5 Ethanamine, N-ethyl-N-nitroso-
U155 91-80-5 1,2-Ethanediamine, N,N-dimethyl-N'-2-
pyridinyl-N'-(2-thienylmethyl)-
U067 106-93-4 Ethane, 1,2-dibromo-
U076 75-34-3 Ethane, 1,1-dichloro-
U077 107-06-2 Ethane, 1,2-dichloro-
U131 67-72-1 Ethane, hexachloro-
U024 111-91-1 Ethane, 1,1'-[methylenebis(oxy)]bis[2-
chloro-
U117 60-29-7 Ethane, 1,1'-oxybis-(I)
U025 111-44-4 Ethane, 1,1'-oxybis[2-chloro-
U184 76-01-7 Ethane, pentachloro-
U208 630-20-6 Ethane, 1,1,1,2-tetrachloro-
U209 79-34-5 Ethane, 1,1,2,2-tetrachloro-
U218 62-55-5 Ethanethioamide
U226 71-55-6 Ethane, 1,1,1-trichloro-
U227 79-00-5 Ethane, 1,1,2-trichloro-
U410 59669-26-0 Ethanimidothioic acid, N,N'-
[thiobis[(methylimino)carbonyloxy]]bi
s-, dimethyl ester
U394 30558-43-1 Ethanimidothioic acid, 2-
(dimethylamino)-N-hydroxy-2-oxo-,
methyl ester.
U359 110-80-5 Ethanol, 2-ethoxy-
U173 1116-54-7 Ethanol, 2,2'-(nitrosoimino)bis-
U395 5952-26-1 Ethanol, 2,2'-oxybis-, dicarbamate.
U004 98-86-2 Ethanone, 1-phenyl-
U043 75-01-4 Ethene, chloro-
U042 110-75-8 Ethene, (2-chloroethoxy)-
U078 75-35-4 Ethene, 1,1-dichloro-
U079 156-60-5 Ethene, 1,2-dichloro-, (E)-
U210 127-18-4 Ethene, tetrachloro-
U228 79-01-6 Ethene, trichloro-
U112 141-78-6 Ethyl acetate (I)
U113 140-88-5 Ethyl acrylate (I)
U238 51-79-6 Ethyl carbamate (urethane)
[[Page 68]]
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
U407 14324-55-1 Ethyl Ziram.
U396 14484-64-1 Ferbam.
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 H2S
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
U375 55406-53-6 3-Iodo-2-propynyl n-butylcarbamate.
U396 14484-64-1 Iron, tris(dimethylcarbamodithioato-
S,S')-,
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
U384 137-42-8 Metam Sodium.
U152 126-98-7 Methacrylonitrile (I, T)
U092 124-40-3 Methanamine, N-methyl- (I)
U029 74-83-9 Methane, bromo-
U045 74-87-3 Methane, chloro- (I, T)
U046 107-30-2 Methane, chloromethoxy-
U068 74-95-3 Methane, dibromo-
U080 75-09-2 Methane, dichloro-
U075 75-71-8 Methane, dichlorodifluoro-
U138 74-88-4 Methane, iodo-
[[Page 69]]
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
U365 2212-67-1 Molinate.
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)-
2 123-63-7 Paraldehyde
U391 1114-71-2 Pebulate.
U183 608-93-5 Pentachlorobenzene
U184 76-01-7 Pentachloroethane
U185 82-68-8 Pentachloronitrobenzene (PCNB)
See F027 87-86-5 Pentachlorophenol
U161 108-10-1 Pentanol, 4-methyl-
U186 504-60-9 1,3-Pentadiene (I)
[[Page 70]]
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-
U400 120-54-7 Piperidine, 1,1'-
(tetrathiodicarbonothioyl)-bis-
U383 128-03-0 Potassium dimethyldithiocarbamate.
U378 51026-28-9 Potassium n-hydroxymethyl- n-methyldi-
thiocarbamate.
U377 137-41-7 Potassium n-methyldithiocarbamate.
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
U202 \1\ 81-07-2 Saccharin, & salts
U203 94-59-7 Safrole
U204 7783-00-8 Selenious acid
[[Page 71]]
U204 7783-00-8 Selenium dioxide
U205 7488-56-4 Selenium sulfide
U205 7488-56-4 Selenium sulfide SeS2 (R,T)
U376 144-34-3 Selenium,
tetrakis(dimethyldithiocarbamate).
U015 115-02-6 L-Serine, diazoacetate (ester)
See F027 93-72-1 Silvex (2,4,5-TP)
U379 136-30-1 Sodium dibutyldithiocarbamate.
U381 148-18-5 Sodium diethyldithiocarbamate.
U382 128-04-1 Sodium dimethyldithiocarbamate.
U206 18883-66-4 Streptozotocin
U103 77-78-1 Sulfuric acid, dimethyl ester
U277 95-06-7 Sulfallate.
U189 1314-80-3 Sulfur phosphide (R)
See F027 93-76-5 2,4,5-T
U402 1634-02-2 Tetrabutylthiuram disulfide.
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)
U401 97-74-5 Tetramethylthiuram monosulfide.
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
U366 533-74-4 2H-1,3,5-Thiadiazine- 2-thione,
tetrahydro-3,5-dimethyl-
U218 62-55-5 Thioacetamide
U410 59669-26-0 Thiodicarb.
U153 74-93-1 Thiomethanol (I,T)
U244 137-26-8 Thioperoxydicarbonic diamide
[(H2N)C(S)]2S2, tetramethyl-
U402 1634-02-2 Thioperoxydicarbonic diamide,
tetrabutyl.
U403 97-77-8 Thioperoxydicarbonic diamide,
tetraethyl.
U409 23564-05-8 Thiophanate-methyl.
U219 62-56-6 Thiourea
U244 137-26-8 Thiram
U220 108-88-3 Toluene
U221 25376-45-8 Toluenediamine
U223 26471-62-5 Toluene diisocyanate (R,T)
U328 95-53-4 o-Toluidine
U353 106-49-0 p-Toluidine
U222 636-21-5 o-Toluidine hydrochloride
U389 2303-17-5 Triallate.
U011 61-82-5 1H-1,2,4-Triazol-3-amine
U227 79-00-5 1,1,2-Trichloroethane
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-
U385 1929-77-7 Vernolate.
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)-
U407 14324-55-1 Zinc, bis(diethylcarbamodithioato-
S,S')-
U249 1314-84-7 Zinc phosphide Zn3P2, when present at
concentrations of 10% or less
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.
[[Page 72]]
[45 FR 78529, 78541, Nov. 25, 1980]
Editorial Note: For Federal Register citations affecting
Sec. 261.33, see the List of CFR Sections Affected in the Finding Aids
section of this volume.
Sec. 261.35 Deletion of certain hazardous waste codes following equipment cleaning and replacement.
(a) Wastes from wood preserving processes at plants that do not
resume or initiate use of chlorophenolic preservatives will not meet the
listing definition of F032 once the generator has met all of the
requirements of paragraphs (b) and (c) of this section. These wastes
may, however, continue to meet another hazardous waste listing
description or may exhibit one or more of the hazardous waste
characteristics.
(b) Generators must either clean or replace all process equipment
that may have come into contact with chlorophenolic formulations or
constituents thereof, including, but not limited to, treatment
cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and
trams, in a manner that minimizes or eliminates the escape of hazardous
waste or constituents, leachate, contaminated drippage, or hazardous
waste decomposition products to the ground water, surface water, or
atmosphere.
(1) Generators shall do one of the following:
(i) Prepare and follow an equipment cleaning plan and clean
equipment in accordance with this section;
(ii) Prepare and follow an equipment replacement plan and replace
equipment in accordance with this section; or
(iii) Document cleaning and replacement in accordance with this
section, carried out after termination of use of chlorophenolic
preservations.
(2) Cleaning Requirements.
(i) Prepare and sign a written equipment cleaning plan that
describes:
(A) The equipment to be cleaned;
(B) How the equipment will be cleaned;
(C) The solvent to be used in cleaning;
(D) How solvent rinses will be tested; and
(E) How cleaning residues will be disposed.
(ii) Equipment must be cleaned as follows:
(A) Remove all visible residues from process equipment;
(B) Rinse process equipment with an appropriate solvent until
dioxins and dibenzofurans are not detected in the final solvent rinse.
(iii) Analytical requirements.
(A) Rinses must be tested in accordance with SW-846, Method 8290.
(B) ``Not detected'' means at or below the lower method calibration
limit (MCL) in Method 8290, Table 1.
(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;
[[Page 73]]
(8) A description of the sample handling and preparation techniques,
including techniques used for extraction, containerization,
preservation, and chain-of-custody of the samples;
(9) A description of the tests performed, the date the tests were
performed, and the results of the tests;
(10) The name and model numbers of the instrument(s) used in
performing the tests;
(11) QA/QC documentation; and
(12) The following statement signed by the generator or his
authorized representative:
I certify under penalty of law that all process equipment required
to be cleaned or replaced under 40 CFR 261.35 was cleaned or replaced as
represented in the equipment cleaning and replacement plan and
accompanying documentation. I am aware that there are significant
penalties for providing false information, including the possibility of
fine or imprisonment.
[55 FR 50482, Dec. 6, 1990, as amended at 56 FR 30195, July 1, 1991]
Appendices to Part 261
Appendix I to Part 261--Representative Sampling Methods
The methods and equipment used for sampling waste materials will
vary with the form and consistency of the waste materials to be sampled.
Samples collected using the sampling protocols listed below, for
sampling waste with properties similar to the indicated materials, will
be considered by the Agency to be representative of the waste.
Extremely viscous liquid--ASTM Standard D140-70 Crushed or powdered
material--ASTM Standard D346-75 Soil or rock-like material--ASTM
Standard D420-69 Soil-like material--ASTM Standard D1452-65
Fly Ash-like material--ASTM Standard D2234-76 [ASTM Standards are
available from ASTM, 1916 Race St., Philadelphia, PA 19103]
Containerized liquid wastes--``COLIWASA'' described in ``Test Methods
for the Evaluation of Solid Waste, Physical/Chemical Methods,'' 1a
U.S. Environmental Protection Agency, Office of Solid Waste, Washington,
DC 20460. [Copies may be obtained from Solid Waste Information, U.S.
Environmental Protection Agency, 26 W. St. Clair St., Cincinnati, Ohio
45268]
---------------------------------------------------------------------------
1a These methods are also described in ``Samplers and Sampling
Procedures for Hazardous Waste Streams,'' EPA 600/2-80-018, January
1980.
---------------------------------------------------------------------------
Liquid waste in pits, ponds, lagoons, and similar reservoirs.--
``Pond Sampler'' described in ``Test Methods for the Evaluation of Solid
Waste, Physical/Chemical Methods.'' 1a
This manual also contains additional information on application of
these protocols.
Appendix II to Part 261--Method 1311 Toxicity Characteristic Leaching
Procedure (TCLP)
Note: The TCLP (Method 1311) is published in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in Sec. 260.11 of this chapter.
[58 FR 46049, Aug. 31, 1993]
Appendix III to Part 261--Chemical Analysis Test Methods
Note: Appropriate analytical procedures to determine whether a
sample contains a given toxic constituent are specified in Chapter Two,
``Choosing the Correct Procedure'' found in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in Sec. 260.11 of this chapter. Prior
to final sampling and analysis method selection, the individual should
consult the specific section or method described in SW-846 for
additional guidance on which of the approved methods should be employed
for a specific sample analysis situation.
[58 FR 46049, Aug. 31, 1993]
Appendix IV to Part 261--[Reserved for Radioactive Waste Test Methods]
Appendix V to Part 261--[Reserved for Infectious Waste Treatment
Specifications]
Appendix VI to Part 261--[Reserved for Etiologic Agents]
Appendix VII to Part 261--Basis for Listing Hazardous Waste
------------------------------------------------------------------------
Hazardous constituents for which
EPA hazardous waste No. listed
------------------------------------------------------------------------
F001............................ Tetrachloroethylene, methylene
chloride trichloroethylene, 1,1,1-
trichloroethane, carbon
tetrachloride, chlorinated
fluorocarbons.
[[Page 74]]
F002............................ Tetrachloroethylene, methylene
chloride, trichloroethylene, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, chlorobenzene, 1,1,2-
trichloro-1,2,2-trichfluoroethane,
ortho-dichlorobenzene,
trichlorofluoromethane.
F003............................ N.A.
F004............................ Cresols and cresylic acid,
nitrobenzene.
F005............................ Toluene, methyl ethyl ketone, carbon
disulfide, isobutanol, pyridine, 2-
ethoxyethanol, benzene, 2-
nitropropane.
F006............................ Cadmium, hexavalent chromium, nickel,
cyanide (complexed).
F007............................ Cyanide (salts).
F008............................ Cyanide (salts).
F009............................ Cyanide (salts).
F010............................ Cyanide (salts).
F011............................ Cyanide (salts).
F012............................ Cyanide (complexed).
F019............................ Hexavalent chromium, cyanide
(complexed).
F020............................ Tetra- and pentachlorodibenzo-p-
dioxins; tetra and pentachlorodi-
benzofurans; tri- and
tetrachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
F021............................ Penta- and hexachlorodibenzo-p-
dioxins; penta- and
hexachlorodibenzofurans;
pentachlorophenol and its
derivatives.
F022............................ Tetra-, penta-, and hexachlorodibenzo-
p-dioxins; tetra-, penta-, and
hexachlorodibenzofurans.
F023............................ Tetra-, and pentachlorodibenzo-p-
dioxins; tetra- and
pentachlorodibenzofurans; tri- and
tetrachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
F024............................ Chloromethane, dichloromethane,
trichloromethane, carbon
tetrachloride, chloroethylene, 1,1-
dichloroethane, 1,2-dichloroethane,
trans-1-2-dichloroethylene, 1,1-
dichloroethylene, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, trichloroethylene,
1,1,1,2-tetra-chloroethane, 1,1,2,2-
tetrachloroethane,
tetrachloroethylene,
pentachloroethane, hexachloroethane,
allyl chloride (3-chloropropene),
dichloropropane, dichloropropene, 2-
chloro-1,3-butadiene, hexachloro-1,3-
butadiene, hexachlorocyclopentadiene,
hexachlorocyclohexane, benzene,
chlorbenzene, dichlorobenzenes, 1,2,4-
trichlorobenzene, tetrachlorobenzene,
pentachlorobenzene,
hexachlorobenzene, toluene,
naphthalene.
F025............................ Chloromethane; Dichloromethane;
Trichloromethane; Carbon
tetrachloride; Chloroethylene; 1,1-
Dichloroethane; 1,2-Dichloroethane;
trans-1,2-Dichloroethylene; 1,1-
Dichloroethylene; 1,1,1-
Trichloroethane; 1,1,2-
Trichloroethane; Trichloroethylene;
1,1,1,2-Tetrachloroethane; 1,1,2,2-
Tetrachloroethane;
Tetrachloroethylene;
Pentachloroethane; Hexachloroethane;
Allyl chloride (3-Chloropropene);
Dichloropropane; Dichloropropene; 2-
Chloro-1,3-butadiene; Hexachloro-1,3-
butadiene; Hexachlorocyclopentadiene;
Benzene; Chlorobenzene;
Dichlorobenzene; 1,2,4-
Trichlorobenzene; Tetrachlorobenzene;
Pentachlorobenzene;
Hexachlorobenzene; Toluene;
Naphthalene.
F026............................ Tetra-, penta-, and hexachlorodibenzo-
p-dioxins; tetra-, penta-, and
hexachlorodibenzofurans.
F027............................ Tetra-, penta-, and hexachlorodibenzo-
p-dioxins; tetra-, penta-, and
hexachlorodibenzofurans; tri-, tetra-
, and pentachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
F028............................ Tetra-, penta-, and hexachlorodibenzo-
p-dioxins; tetra-, penta-, and
hexachlorodibenzofurans; tri-, tetra-
, and pentachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
F032............................ Benz(a)anthracene, benzo(a)pyrene,
dibenz(a,h)-anthracene, indeno(1,2,3-
cd)pyrene, pentachlorophenol,
arsenic, chromium, tetra-, penta-,
hexa-, heptachlorodibenzo-p-dioxins,
tetra-, penta-, hexa-,
heptachlorodibenzofurans.
F034............................ Benz(a)anthracene,
benzo(k)fluoranthene, benzo(a)pyrene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene, naphthalene, arsenic,
chromium.
F035............................ Arsenic, chromium, lead.
F037............................ Benzene, benzo(a)pyrene, chrysene,
lead, chromium.
F038............................ Benzene, benzo(a)pyrene chrysene,
lead, chromium.
F039............................ All constituents for which treatment
standards are specified for multi-
source leachate (wastewaters and
nonwastewaters) under 40 CFR
268.43(a), Table CCW.
K001............................ Pentachlorophenol, phenol, 2-
chlorophenol, p-chloro-m-cresol, 2,4-
dimethylphenyl, 2,4-dinitrophenol,
trichlorophenols, tetrachlorophenols,
2,4-dinitrophenol, cresosote,
chrysene, naphthalene, fluoranthene,
benzo(b)fluoranthene, benzo(a)pyrene,
indeno(1,2,3-cd)pyrene,
benz(a)anthracene,
dibenz(a)anthracene, acenaphthalene.
K002............................ Hexavalent chromium, lead
K003............................ Hexavalent chromium, lead.
K004............................ Hexavalent chromium.
K005............................ Hexavalent chromium, lead.
K006............................ Hexavalent chromium.
K007............................ Cyanide (complexed), hexavalent
chromium.
K008............................ Hexavalent chromium.
K009............................ Chloroform, formaldehyde, methylene
chloride, methyl chloride,
paraldehyde, formic acid.
K010............................ Chloroform, formaldehyde, methylene
chloride, methyl chloride,
paraldehyde, formic acid,
chloroacetaldehyde.
K011............................ Acrylonitrile, acetonitrile,
hydrocyanic acid.
K013............................ Hydrocyanic acid, acrylonitrile,
acetonitrile.
K014............................ Acetonitrile, acrylamide.
K015............................ Benzyl chloride, chlorobenzene,
toluene, benzotrichloride.
K016............................ Hexachlorobenzene,
hexachlorobutadiene, carbon
tetrachloride, hexachloroethane,
perchloroethylene.
K017............................ Epichlorohydrin, chloroethers
[bis(chloromethyl) ether and bis (2-
chloroethyl) ethers],
trichloropropane, dichloropropanols.
K018............................ 1,2-dichloroethane, trichloroethylene,
hexachlorobutadiene,
hexachlorobenzene.
K019............................ Ethylene dichloride, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, tetrachloroethanes
(1,1,2,2-tetrachloroethane and
1,1,1,2-tetrachloroethane),
trichloroethylene,
tetrachloroethylene, carbon
tetrachloride, chloroform, vinyl
chloride, vinylidene chloride.
[[Page 75]]
K020............................ Ethylene dichloride, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, tetrachloroethanes
(1,1,2,2-tetrachloroethane and
1,1,1,2-tetrachloroethane),
trichloroethylene,
tetrachloroethylene, carbon
tetrachloride, chloroform, vinyl
chloride, vinylidene chloride.
K021............................ Antimony, carbon tetrachloride,
chloroform.
K022............................ Phenol, tars (polycyclic aromatic
hydrocarbons).
K023............................ Phthalic anhydride, maleic anhydride.
K024............................ Phthalic anhydride, 1,4-
naphthoquinone.
K025............................ Meta-dinitrobenzene, 2,4-
dinitrotoluene.
K026............................ Paraldehyde, pyridines, 2-picoline.
K027............................ Toluene diisocyanate, toluene-2, 4-
diamine.
K028............................ 1,1,1-trichloroethane, vinyl chloride.
K029............................ 1,2-dichloroethane, 1,1,1-
trichloroethane, vinyl chloride,
vinylidene chloride, chloroform.
K030............................ Hexachlorobenzene,
hexachlorobutadiene,
hexachloroethane, 1,1,1,2-
tetrachloroethane, 1,1,2,2-
tetrachloroethane, ethylene
dichloride.
K031............................ Arsenic.
K032............................ Hexachlorocyclopentadiene.
K033............................ Hexachlorocyclopentadiene.
K034............................ Hexachlorocyclopentadiene.
K035............................ Creosote, chrysene, naphthalene,
fluoranthene benzo(b) fluoranthene,
benzo(a)pyrene, indeno(1,2,3-cd)
pyrene, benzo(a)anthracene,
dibenzo(a)anthracene, acenaphthalene.
K036............................ Toluene, phosphorodithioic and
phosphorothioic acid esters.
K037............................ Toluene, phosphorodithioic and
phosphorothioic acid esters.
K038............................ Phorate, formaldehyde,
phosphorodithioic and phosphorothioic
acid esters.
K039............................ Phosphorodithioic and phosphorothioic
acid esters.
K040............................ Phorate, formaldehyde,
phosphorodithioic and phosphorothioic
acid esters.
K041............................ Toxaphene.
K042............................ Hexachlorobenzene, ortho-
dichlorobenzene.
K043............................ 2,4-dichlorophenol, 2,6-
dichlorophenol, 2,4,6-
trichlorophenol.
K044............................ N.A.
K045............................ N.A.
K046............................ Lead.
K047............................ N.A.
K048............................ Hexavalent chromium, lead.
K049............................ Hexavalent chromium, lead.
K050............................ Hexavalent chromium.
K051............................ Hexavalent chromium, lead.
K052............................ Lead.
K060............................ Cyanide, napthalene, phenolic
compounds, arsenic.
K061............................ Hexavalent chromium, lead, cadmium.
K062............................ Hexavalent chromium, lead.
K064............................ Lead, cadmium.
K065............................ Do.
K066............................ Do.
K069............................ Hexavalent chromium, lead, cadmium.
K071............................ Mercury.
K073............................ Chloroform, carbon tetrachloride,
hexacholroethane, trichloroethane,
tetrachloroethylene,
dichloroethylene, 1,1,2,2-
tetrachloroethane.
K083............................ Aniline, diphenylamine, nitrobenzene,
phenylenediamine.
K084............................ Arsenic.
K085............................ Benzene, dichlorobenzenes,
trichlorobenzenes,
tetrachlorobenzenes,
pentachlorobenzene,
hexachlorobenzene, benzyl chloride.
K086............................ Lead, hexavalent chromium.
K087............................ Phenol, naphthalene.
K088............................ Cyanide (complexes).
K090............................ Chromium.
K091............................ Do.
K093............................ Phthalic anhydride, maleic anhydride.
K094............................ Phthalic anhydride.
K095............................ 1,1,2-trichloroethane, 1,1,1,2-
tetrachloroethane, 1,1,2,2-
tetrachloroethane.
K096............................ 1,2-dichloroethane, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane.
K097............................ Chlordane, heptachlor.
K098............................ Toxaphene.
K099............................ 2,4-dichlorophenol, 2,4,6-
trichlorophenol.
K100............................ Hexavalent chromium, lead, cadmium.
K101............................ Arsenic.
K102............................ Arsenic.
K103............................ Aniline, nitrobenzene,
phenylenediamine.
K104............................ Aniline, benzene, diphenylamine,
nitrobenzene, phenylenediamine.
K105............................ Benzene, monochlorobenzene,
dichlorobenzenes, 2,4,6-
trichlorophenol.
K106............................ Mercury.
K107............................ 1,1-Dimethylhydrazine (UDMH).
K108............................ 1,1-Dimethylhydrazine (UDMH).
K109............................ 1,1-Dimethylhydrazine (UDMH).
K110............................ 1,1-Dimethylhydrazine (UDMH).
K111............................ 2,4-Dinitrotoluene.
K112............................ 2,4-Toluenediamine, o-toluidine, p-
toluidine, aniline.
K113............................ 2,4-Toluenediamine, o-toluidine, p-
toluidine, aniline.
K114............................ 2,4-Toluenediamine, o-toluidine, p-
toluidine.
K115............................ 2,4-Toluenediamine.
K116............................ Carbon tetrachloride,
tetrachloroethylene, chloroform,
phosgene.
K117............................ Ethylene dibromide.
K118............................ Ethylene dibromide.
K123............................ Ethylene thiourea.
K124............................ Ethylene thiourea.
K125............................ Ethylene thiourea.
K126............................ Ethylene thiourea.
K131............................ Dimethyl sulfate, methyl bromide.
K132............................ Methyl bromide.
K136............................ Ethylene dibromide.
K141............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.
K142............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.
K143............................ Benzene, benz(a)anthracene,
benzo(b)fluoranthene,
benzo(k)fluoranthene.
K144............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene.
K145............................ Benzene, benz(a)anthracene,
benzo(a)pyrene,
dibenz(a,h)anthracene, naphthalene.
K147............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.
K148............................ Benz(a)anthracene, benzo(a)pyrene,
benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.
K149............................ Benzotrichloride, benzyl chloride,
chloroform, chloromethane,
chlorobenzene, 1,4-dichlorobenzene,
hexachlorobenzene,
pentachlorobenzene, 1,2,4,5-
tetrachlorobenzene, toluene.
[[Page 76]]
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.
K160............................ Benzene, butylate, eptc, molinate,
pebulate, vernolate.
K161............................ Antimony, arsenic, metam-sodium,
ziram.
------------------------------------------------------------------------
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 in the Finding Aids
section of this volume.
[[Page 77]]
Appendix VIII to Part 261--Hazardous Constituents
----------------------------------------------------------------------------------------------------------------
Chemical Hazardous
Common name Chemical abstracts name abstracts No. waste No.
----------------------------------------------------------------------------------------------------------------
A2213...................................... Ethanimidothioic acid, 2- 30558-43-1 U394
(dimethylamino) -N-hydroxy-2-oxo-,
methyl ester.
Acetonitrile............................... Same............................... 75-05-8 U003
Acetophenone............................... Ethanone, 1-phenyl-................ 98-86-2 U004
2-Acetylaminefluarone...................... Acetamide, N-9H-fluoren-2-yl-...... 53-96-3 U005
Acetyl chloride............................ Same............................... 75-36-5 U006
1-Acetyl-2-thiourea........................ Acetamide, N-(aminothioxomethyl)-.. 591-08-2 P002
Acrolein................................... 2-Propenal......................... 107-02-8 P003
Acrylamide................................. 2-Propenamide...................... 79-06-1 U007
Acrylonitrile.............................. 2-Propenenitrile................... 107-13-1 U009
Aflatoxins................................. Same............................... 1402-68-2 ...........
Aldicarb................................... Propanal, 2-methyl-2-(methylthio)-, 116-06-3 P070
O-[(methylamino)carbonyl]oxime.
Aldicarb sulfone........................... Propanal, 2-methyl-2- 1646-88-4 P203
(methylsulfonyl) -, O-
[(methylamino) carbonyl] oxime.
Aldrin..................................... 1,4,5,8-Dimethanonaphthalene, 309-00-2 P004
1,2,3,4,10,10-10-hexachloro-
1,4,4a,5,8,8a-hexahydro-,
(1alpha,4alpha,4abeta,5alpha,8alph
a, 8abeta)-.
Allyl alcohol.............................. 2-Propen-1-ol...................... 107-18-6 P005
Allyl chloride............................. 1-Propane, 3-chloro................ 107-18-6 ...........
Aluminum phosphide......................... Same............................... 20859-73-8 P006
4-Aminobiphenyl............................ [1,1'-Biphenyl]-4-amine............ 92-67-1 ...........
5-(Aminomethyl)-3-isoxazolol............... 3(2H)-Isoxazolone, 5-(aminomethyl)- 2763-96-4 P007
4-Aminopyridine............................ 4-Pyridinamine..................... 504-24-5 P008
Amitrole................................... 1H-1,2,4-Triazol-3-amine........... 61-82-5 U011
Ammonium vanadate.......................... Vanadic acid, ammonium salt........ 7803-55-6 P119
Aniline.................................... Benzenamine........................ 62-53-3 U012
Antimony................................... Same............................... 7440-36-0 ...........
Antimony compounds, N.O.S.\1\.............. ................................... ................. ...........
Aramite.................................... Sulfurous acid, 2-chloroethyl 2-[4- 140-57-8 ...........
(1,1-dimethylethyl)phenoxy]-1-
methylethyl ester.
Arsenic.................................... Same............................... 7440-38-2 ...........
Arsenic compounds, N.O.S.\1\............... ................................... ................. ...........
Arsenic acid............................... Arsenic acid H3AsO4................ 7778-39-4 P010
Arsenic pentoxide.......................... Arsenic oxide As2O5................ 1303-28-2 P011
Arsenic trioxide........................... Arsenic oxide As2O3................ 1327-53-3 P012
Auramine................................... Benzenamine, 4,4'- 492-80-8 U014
carbonimidoylbis[N,N-dimethyl.
Azaserine.................................. L-Serine, diazoacetate (ester)..... 115-02-6 U015
Barban..................................... Carbamic acid, (3-chlorophenyl) -, 101-27-9 U280
4-chloro-2-butynyl ester.
Barium..................................... Same............................... 7440-39-3 ...........
Barium compounds, N.O.S.\1\................ ................................... ................. ...........
Barium cyanide............................. Same............................... 542-62-1 P013
Bendiocarb................................. 1,3-Benzodioxol-4-ol, 2,2-dimethyl- 22781-23-3 U278
, methyl carbamate.
Bendiocarb phenol.......................... 1,3-Benzodioxol-4-ol, 2,2-dimethyl- 22961-82-6 U364
,.
Benomyl.................................... Carbamic acid, [1- [(butylamino) 17804-35-2 U271
carbonyl]- 1H-benzimidazol-2-yl] -
, methyl ester.
Benz[c]acridine............................ Same............................... 225-51-4 U016
Benz[a]anthracene.......................... Same............................... 56-55-3 U018
Benzal chloride............................ Benzene, (dichloromethyl)-......... 98-87-3 U017
Benzene.................................... Same............................... 71-43-2 U019
Benzenearsonic acid........................ Arsonic acid, phenyl-.............. 98-05-5 ...........
Benzidine.................................. [1,1'-Biphenyl]-4,4 \1\-diamine.... 92-87-5 U021
Benzo[b]fluoranthene....................... Benz[e]acephenanthrylene........... 205-99-2 ...........
Benzo[j]fluoranthene....................... Same............................... 205-82-3 ...........
Benzo(k)fluoranthene....................... Same............................... 207-08-9 ...........
Benzo[a]pyrene............................. Same............................... 50-32-8 U022
p-Benzoquinone............................. 2,5-Cyclohexadiene-1,4-dione....... 106-51-4 U197
Benzotrichloride........................... Benzene, (trichloromethyl)-........ 98-07-7 U023
Benzyl chloride............................ Benzene, (chloromethyl)-........... 100-44-7 P028
Beryllium powder........................... Same............................... 7440-41-7 P015
Beryllium compounds, N.O.S.\1\............. ................................... ................. ...........
Bis (pentamethylene)-thiuram tetrasulfide.. Piperidine, 1,1'- 120-54-7 U400
(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
[[Page 78]]
Butyl benzyl phthalate..................... 1,2-Benzenedicarboxylic acid, butyl 85-68-7 ...........
phenylmethyl ester.
Butylate................................... Carbamothioic acid, bis (2- 2008-41-5 U392
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 H2CrO4, 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 U393
bis(dimethylcarbamodithioato-S,S')-
,.
Creosote................................... Same............................... ................. U051
Cresol (Cresylic acid)..................... Phenol, methyl-.................... 1319-77-3 U052
Crotonaldehyde............................. 2-Butenal.......................... 4170-30-3 U053
m-Cumenyl methylcarbamate.................. Phenol, 3-(methylethyl)-, methyl 64-00-6 P202
carbamate.
Cyanides (soluble salts and complexes) ................................... ................. P030
N.O.S.\1\.
Cyanogen................................... Ethanedinitrile.................... 460-19-5 P031
Cyanogen bromide........................... Cyanogen bromide (CN)Br............ 506-68-3 U246
Cyanogen chloride.......................... Cyanogen chloride (CN)Cl........... 506-77-4 P033
Cycasin.................................... beta-D-Glucopyranoside, (methyl-ONN- 14901-08-7 ...........
azoxy)methyl.
Cycloate................................... Carbamothioic acid, cyclohexylethyl- 1134-23-2 U386
, 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
[[Page 79]]
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 U366
tetrahydro-3,5-dimethyl.
DDD........................................ Benzene, 1,1'-(2,2- 72-54-8 U060
dichloroethylidene)bis[4-chloro-.
DDE........................................ Benzene, 1,1'- 72-55-9 ...........
(dichloroethenylidene)bis[4-chloro-
.
DDT........................................ Benzene, 1,1'-(2,2,2- 50-29-3 U061
trichloroethylidene)bis[4-chloro-.
Diallate................................... Carbamothioic acid, bis(1- 2303-16-4 U062
methylethyl)-, S-(2,3-dichloro-2-
propenyl) ester.
Dibenz[a,h]acridine........................ Same............................... 226-36-8 ...........
Dibenz[a,j]acridine........................ Same............................... 224-42-0 ...........
Dibenz[a,h]anthracene...................... Same............................... 53-70-3 U063
7H-Dibenzo[c,g]carbazole................... Same............................... 194-59-2 ...........
Dibenzo[a,e]pyrene......................... Naphtho[1,2,3,4-def]chrysene....... 192-65-4 ...........
Dibenzo[a,h]pyrene......................... Dibenzo[b,def]chrysene............. 189-64-0 ...........
Dibenzo[a,i]pyrene......................... Benzo[rst]pentaphene............... 189-55-9 U064
1,2-Dibromo-3-chloropropane................ Propane, 1,2-dibromo-3-chloro-..... 96-12-8 U066
Dibutyl phthalate.......................... 1,2-Benzenedicarboxylic acid, 84-74-2 U069
dibutyl ester.
o-Dichlorobenzene.......................... Benzene, 1,2-dichloro-............. 95-50-1 U070
m-Dichlorobenzene.......................... Benzene, 1,3-dichloro-............. 541-73-1 U071
p-Dichlorobenzene.......................... Benzene, 1,4-dichloro-............. 106-46-7 U072
Dichlorobenzene, N.O.S.\1\................. Benzene, dichloro-................. 25321-22-6 ...........
3,3'-Dichlorobenzidine..................... [1,1'-Biphenyl]-4,4'-diamine, 3,3'- 91-94-1 U073
dichloro-.
1,4-Dichloro-2-butene...................... 2-Butene, 1,4-dichloro-............ 764-41-0 U074
Dichlorodifluoromethane.................... Methane, dichlorodifluoro-......... 75-71-8 U075
Dichloroethylene, N.O.S.\1\................ Dichloroethylene................... 25323-30-2 ...........
1,1-Dichloroethylene....................... Ethene, 1,1-dichloro-.............. 75-35-4 U078
1,2-Dichloroethylene....................... Ethene, 1,2-dichlrol-, (E)-........ 156-60-5 U079
Dichloroethyl ether........................ Ethane, 1,1'oxybis[2-chloro-....... 111-44-4 U025
Dichloroisopropyl ether.................... Propane, 2,2'-oxybis[2-chloro-..... 108-60-1 U027
Dichloromethoxy ethane..................... Ethane, 1,1'- 111-91-1 U024
[methylenebis(oxy)]bis[2-chloro-.
Dichloromethyl ether....................... Methane, oxybis[chloro-............ 542-88-1 P016
2,4-Dichlorophenol......................... Phenol, 2,4-dichloro-.............. 120-83-2 U081
2,6-Dichlorophenol......................... Phenol, 2,6-dichloro-.............. 87-65-0 U082
Dichlorophenylarsine....................... Arsonous dichloride, phenyl-....... 696-28-6 P036
Dichloropropane, N.O.S.\1\................. Propane, dichloro-................. 26638-19-7 ...........
Dichloropropanol, N.O.S.\1\................ Propanol, dichloro-................ 26545-73-3 ...........
Dichloropropene, N.O.S.\1\................. 1-Propene, dichloro-............... 26952-23-8 ...........
1,3-Dichloropropene........................ 1-Propene, 1,3-dichloro-........... 542-75-6 U084
Dieldrin................................... 2,7:3,6-Dimethanonaphth[2,3- 60-57-1 P037
b]oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2aalpha,3beta,6beta
, 6aalpha,7beta,7aalpha)-.
1,2:3,4-Diepoxybutane...................... 2,2-Bioxirane...................... 1464-53-5 U085
Diethylarsine.............................. Arsine, diethyl-................... 692-42-2 P038
Diethylene glycol, dicarbamate............. Ethanol, 2,2'-oxybis-, dicarbamate. 5952-26-1 U395
1,4-Diethyleneoxide........................ 1,4-Dioxane........................ 123-91-1 U108
Diethylhexyl phthalate..................... 1,2-Benzenedicarboxylic acid, bis(2- 117-81-7 U028
ethylhexyl) ester.
N,N'-Diethylhydrazine...................... Hydrazine, 1,2-diethyl-............ 1615-80-1 U086
O,O-Diethyl S-methyl dithiophosphate....... Phosphorodithioic acid, O,O-diethyl 3288-58-2 U087
S-methyl ester.
Diethyl-p-nitrophenyl phosphate............ Phosphoric acid, diethyl 4- 311-45-5 P041
nitrophenyl ester.
Diethyl phthalate.......................... 1,2-Benzenedicarboxylic acid, 84-66-2 U088
diethyl ester.
O,O-Diethyl O-pyrazinyl phosphoro- thioate. Phosphorothioic acid, O,O-diethyl O- 297-97-2 P040
pyrazinyl ester.
Diethylstilbesterol........................ Phenol, 4,4'-(1,2-diethyl-1,2- 56-53-1 U089
ethenediyl)bis-, (E)-.
Dihydrosafrole............................. 1,3-Benzodioxole, 5-propyl-........ 94-58-6 U090
Diisopropylfluorophosphate (DFP)........... Phosphorofluoridic acid, bis(1- 55-91-4 P043
methylethyl) ester.
Dimethoate................................. Phosphorodithioic acid, O,O- 60-51-5 P044
dimethyl S-[2-(methylamino)-2-
oxoethyl] ester.
3,3'-Dimethoxybenzidine.................... [1,1'-Biphenyl]-4,4'-diamine, 3,3'- 119-90-4 U091
dimethoxy-.
p-Dimethylaminoazobenzene.................. Benzenamine, N,N-dimethyl-4- 60-11-7 U093
(phenylazo)-.
7,12-Dimethylbenz[a]anthracene............. Benz[a]anthracene, 7,12-dimethyl-.. 57-97-6 U094
[[Page 80]]
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 U403
tetraethyl.
Disulfoton................................. Phosphorodithioic acid, O,O-diethyl 298-04-4 P039
S-[2-(ethylthio)ethyl] ester.
Dithiobiuret............................... Thioimidodicarbonic diamide 541-53-7 P049
[(H2N)C(S)]2NH.
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 U390
ethyl ester.
Ethyl carbamate (urethane)................. Carbamic acid, ethyl ester......... 51-79-6 U238
Ethyl cyanide.............................. Propanenitrile..................... 107-12-0 P101
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
Ethyl Ziram................................ Zinc, bis(diethylcarbamodithioato- 14324-55-1 U407
S,S')-.
Famphur.................................... Phosphorothioic acid, O-[4- 52-85-7 P097
[(dimethylamino)sulfonyl]phenyl]
O,O-dimethyl ester.
Ferbam..................................... Iron, tris(dimethylcarbamodithioat- 14484-64-1 U396
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-.
[[Page 81]]
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 H2S............... 7783-06-4 U135
3-Iodo-2-propynyl n-butylcarbamate......... Carbamic acid, butyl-, 3-iodo-2- 55406-53-6 U375
propynyl ester.
Indeno[1,2,3-cd]pyrene..................... Same............................... 193-39-5 U137
Isobutyl alcohol........................... 1-Propanol, 2-methyl-.............. 78-83-1 U140
Isodrin.................................... 1,4,5,8-Dimethanonaphthalene, 465-73-6 P060
1,2,3,4,10,10-hexachloro-
1,4,4a,5,8,8a-hexahydro-,
(1alpha,4alpha,4abeta,5beta,
8beta,8abeta)-.
Isolan..................................... Carbamic acid, dimethyl-, 3-methyl- 119-38-0 P192
1-(1-methylethyl)-1H-pyrazol-5-yl
ester.
Isosafrole................................. 1,3-Benzodioxole, 5-(1-propenyl)-.. 120-58-1 U141
Kepone..................................... 1,3,4-Metheno-2H- 143-50-0 U142
cyclobuta[cd]pentalen-2-one,
1,1a,3,3a,4,5,5,5a,5b,6-
decachlorooctahydro-.
Lasiocarpine............................... 2-Butenoic acid, 2-methyl-,7-[[2,3- 303-34-1 4143
dihydroxy-2-(1-methoxyethyl)-3-
methyl-1-
oxobutoxy]methyl]-2,3,5,7a-
tetrahydro-1H-pyrrolizin-1-yl
ester,
[1S-
[1alpha(Z),7(2S*,3R*),7aalpha]]-
Lead....................................... Same............................... 7439-92-1 ...........
Lead compounds, N.O.S.1.................... ................................... ................. ...........
Lead acetate............................... Acetic acid, lead(2+) salt......... 301-04-2 U144
Lead phosphate............................. Phosphoric acid, lead(2+) salt 7446-27-7 U145
(2:3).
Lead subacetate............................ Lead, bis(acetato-O)tetrahydroxytri- 1335-32-6 U146
.
Lindane.................................... Cyclohexane, 1,2,3,4,5,6-hexachloro- 58-89-9 U129
, (1alpha,2alpha,3beta,4alpha,
5alpha,6beta)-.
Maleic anhydride........................... 2,5-Furandione..................... 108-31-6 U147
Maleic hydrazide........................... 3,6-Pyridazinedione, 1,2-dihydro-.. 123-33-1 U148
Malononitrile.............................. Propanedinitrile................... 109-77-3 U149
Manganese dimethyldithiocarbamate.......... Manganese, 15339-36-3 P196
bis(dimethylcarbamodithioato-S,S')-
,.
Melphalan.................................. L-Phenylalanine, 4-[bis(2- 148-82-3 U150
chloroethyl)aminol]-.
Mercury.................................... Same............................... 7439-97-6 U151
Mercury compounds, N.O.S.1................. ................................... ................. ...........
Mercury fulminate.......................... Fulminic acid, mercury(2+) salt.... 628-86-4 P065
Metam Sodium............................... Carbamodithioic acid, methyl-, 137-42-8 U384
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
[[Page 82]]
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 U365
hexahydro-, S-ethyl ester.
Mustard gas................................ Ethane, 1,1'-thiobis[2-chloro-..... 505-60-2 ...........
Naphthalene................................ Same............................... 91-20-3 U165
1,4-Naphthoquinone......................... 1,4-Naphthalenedione............... 130-15-4 U166
alpha-Naphthylamine........................ 1-Naphthalenamine.................. 134-32-7 U167
beta-Naphthylamine......................... 2-Naphthalenamine.................. 91-59-8 U168
alpha-Naphthylthiourea..................... Thiourea, 1-naphthalenyl-.......... 86-88-4 P072
Nickel..................................... Same............................... 7440-02-0 ...........
Nickel compounds, N.O.S.1.................. ................................... ................. ...........
Nickel carbonyl............................ Nickel carbonyl Ni(CO)4, (T-4)-.... 13463-39-3 P073
Nickel cyanide............................. Nickel cyanide Ni(CN)2............. 557-19-7 P074
Nicotine................................... Pyridine, 3-(1-methyl-2- 54-11-5 P075
pyrrolidinyl)-, (S)-.
Nicotine salts............................. ................................... ................. P075
Nitric oxide............................... Nitrogen oxide NO.................. 10102-43-9 P076
p-Nitroaniline............................. Benzenamine, 4-nitro-.............. 100-01-6 P077
Nitrobenzene............................... Benzene, nitro-.................... 98-95-3 U169
Nitrogen dioxide........................... Nitrogen oxide NO2................. 10102-44-0 P078
Nitrogen mustard........................... Ethanamine, 2-chloro-N-(2- 51-75-2 ...........
chloroethyl)-N-methyl-.
Nitrogen mustard, hydrochloride salt....... ................................... ................. ...........
Nitrogen mustard N-oxide................... Ethanamine, 2-chloro-N-(2- 126-85-2 ...........
chloroethyl)-N-methyl-, N-oxide.
Nitrogen mustard, N-oxide, hydro- chloride ................................... ................. ...........
salt.
Nitroglycerin.............................. 1,2,3-Propanetriol, trinitrate..... 55-63-0 P081
p-Nitrophenol.............................. Phenol, 4-nitro-................... 100-02-7 U170
2-Nitropropane............................. Propane, 2-nitro-.................. 79-46-9 U171
Nitrosamines, N.O.S.\1\.................... ................................... 35576-91-1D ...........
N-Nitrosodi-n-butylamine................... 1-Butanamine, N-butyl-N-nitroso-... 924-16-3 U172
N-Nitrosodiethanolamine.................... Ethanol, 2,2'-(nitrosoimino)bis-... 1116-54-7 U173
N-Nitrosodiethylamine...................... Ethanamine, N-ethyl-N-nitroso-..... 55-18-5 U174
N-Nitrosodimethylamine..................... Methanamine, N-methyl-N-nitroso-... 62-75-9 P082
N-Nitroso-N-ethylurea...................... Urea, N-ethyl-N-nitroso-........... 759-73-9 U176
N-Nitrosomethylethylamine.................. Ethanamine, N-methyl-N-nitroso-.... 10595-95-6 ...........
N-Nitroso-N-methylurea..................... Urea, N-methyl-N-nitroso-.......... 684-93-5 U177
N-Nitroso-N-methylurethane................. Carbamic acid, methylnitroso-, 615-53-2 U178
ethyl ester.
N-Nitrosomethylvinylamine.................. Vinylamine, N-methyl-N-nitroso-.... 4549-40-0 P084
N-Nitrosomorpholine........................ Morpholine, 4-nitroso-............. 59-89-2 ...........
N-Nitrosonornicotine....................... Pyridine, 3-(1-nitroso-2- 16543-55-8 ...........
pyrrolidinyl)-, (S)-.
N-Nitrosopiperidine........................ Piperidine, 1-nitroso-............. 100-75-4 U179
N-Nitrosopyrrolidine....................... Pyrrolidine, 1-nitroso-............ 930-55-2 U180
N-Nitrososarcosine......................... Glycine, N-methyl-N-nitroso-....... 13256-22-9 ...........
5-Nitro-o-toluidine........................ Benzenamine, 2-methyl-5-nitro-..... 99-55-8 U181
Octamethylpyrophosphoramide................ Diphosphoramide, octamethyl-....... 152-16-9 P085
Osmium tetroxide........................... Osmium oxide OsO4, (T-4)-.......... 20816-12-0 P087
[[Page 83]]
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 U391
propyl ester.
Pentachlorobenzene......................... Benzene, pentachloro-.............. 608-93-5 U183
Pentachlorodibenzo-p-dioxins............... ................................... ................. ...........
Pentachlorodibenzofurans................... ................................... ................. ...........
Pentachloroethane.......................... Ethane, pentachloro-............... 76-01-7 U184
Pentachloronitrobenzene (PCNB)............. Benzene, pentachloronitro-......... 82-68-8 U185
Pentachlorophenol.......................... Phenol, pentachloro-............... 87-86-5 See F027
Phenacetin................................. Acetamide, N-(4-ethoxyphenyl)-..... 62-44-2 U187
Phenol..................................... Same............................... 108-95-2 U188
Phenylenediamine........................... Benzenediamine..................... 25265-76-3 ...........
Phenylmercury acetate...................... Mercury, (acetato-O)phenyl-........ 62-38-4 P092
Phenylthiourea............................. Thiourea, phenyl-.................. 103-85-5 P093
Phosgene................................... Carbonic dichloride................ 75-44-5 P095
Phosphine.................................. Same............................... 7803-51-2 P096
Phorate.................................... Phosphorodithioic acid, O,O-diethyl 298-02-2 P094
S-[(ethylthio)methyl] ester.
Phthalic acid esters, N.O.S.\1\............ ................................... ................. ...........
Phthalic anhydride......................... 1,3-Isobenzofurandione............. 85-44-9 U190
Physostigmine.............................. Pyrrolo[2,3-b]indol-5-01, 57-47-6 P204
1,2,3,3a,8,8a-hexahydro-1,3a,8-
trimethyl-, methylcarbamate
(ester), (3aS-cis)-.
Physostigmine salicylate................... Benzoic acid, 2-hydroxy-, compd. 57-64-7 P188
with (3aS-cis) -1,2,3,3a,8,8a-
hexahydro-1,3a,8-trimethylpyrrolo
[2,3-b]indol-5-yl methylcarbamate
ester (1:1).
2-Picoline................................. Pyridine, 2-methyl-................ 109-06-8 U191
Polychlorinated biphenyls, N.O.S.\1\....... ................................... ................. ...........
Potassium cyanide.......................... Potassium cyanide K(CN)............ 151-50-8 P098
Potassium dimethyldithiocarbamate.......... Carbamodithioc acid, dimethyl, 128-03-0 U383
potassium salt.
Potassium hyroxymethyl-n-methyl- Carbamodithioc acid, 51026-28-9 U378
dithiocarbamate. (hydroxymethyl)methyl-,
monopotassium salt.
Potassium n-methyldithiocarbamate.......... Carbamodithioc acid, methyl- 137-41-7 U377
monopotassium salt.
Potassium pentachlorophenate............... Pentachlorophenol, potassium salt.. 7778736 None
Potassium silver cyanide................... Argentate(1-), bis(cyano-C)-, 506-61-6 P099
potassium.
Promecarb.................................. Phenol, 3-methyl-5-(1-methylethyl)- 2631-37-0 P201
, methyl carbamate.
Pronamide.................................. Benzamide, 3,5-dichloro-N-(1,1- 23950-58-5 U192
dimethyl-2-propynyl)-.
1,3-Propane sultone........................ 1,2-Oxathiolane, 2,2-dioxide....... 1120-71-4 U193
n-Propylamine.............................. 1-Propanamine...................... 107-10-8 U194
Propargyl alcohol.......................... 2-Propyn-1-ol...................... 107-19-7 P102
Propham.................................... Carbamic acid, phenyl-, 1- 122-42-9 U373
methylethyl ester.
Propoxur................................... Phenol, 2-(1-methylethoxy)-, 114-26-1 U411
methylcarbamate.
Propylene dichloride....................... Propane, 1,2-dichloro-............. 78-87-5 U083
1,2-Propylenimine.......................... Aziridine, 2-methyl-............... 75-55-8 P067
Propylthiouracil........................... 4(1H)-Pyrimidinone, 2,3-dihydro-6- 51-52-5 ...........
propyl-2-thioxo-.
Prosulfocarb............................... Carbamothioic acid, dipropyl-, S- 52888-80-9 U387
(phenylmethyl) ester.
Pyridine................................... Same............................... 110-86-1 U196
Reserpine.................................. Yohimban-16-carboxylic acid, 11,17- 50-55-5 U200
dimethoxy-18-[(3,4,5-
trimethoxybenzoyl)oxy]-smethyl
ester,
(3beta,16beta,17alpha,18beta,20alp
ha)-.
Resorcinol................................. 1,3-Benzenediol.................... 108-46-3 U201
Saccharin.................................. 1,2-Benzisothiazol-3(2H)-one, 1,1- 81-07-2 U202
dioxide.
Saccharin salts............................ ................................... ................. U202
Safrole.................................... 1,3-Benzodioxole, 5-(2-propenyl)-.. 94-59-7 U203
Selenium................................... Same............................... 7782-49-2 ...........
Selenium compounds, N.O.S.\1\.............. ................................... ................. ...........
Selenium dioxide........................... Selenious acid..................... 7783-00-8 U204
Selenium sulfide........................... Selenium sulfide SeS2.............. 7488-56-4 U205
[[Page 84]]
Selenium, tetrakis (dimethyl- Carbamodithioic acid, dimethyl-, 144-34-3 U376
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 U379
sodium salt.
Sodium diethyldithiocarbamate.............. Carbamodithioic acid, diethyl-, 148-18-5 U381
sodium salt.
Sodium dimethyldithiocarbamate............. Carbamodithioic acid, dimethyl-, 128-04-1 U382
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 U277
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 U402
tetrabutyl.
Tetrabutylthiuram monosulfide.............. Bis (dimethylthiocarbamoyl) sulfide 97-74-5 U401
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
Tetranitromethane.......................... Methane, tetranitro-............... 509-14-8 P112
Thallium................................... Same............................... 7440-28-0 ...........
Thallium compounds, N.O.S.\1\.............. ................................... ................. ...........
Thallic oxide.............................. Thallium oxide Tl2O3............... 1314-32-5 P113
Thallium(I) acetate........................ Acetic acid, thallium(1+) salt..... 563-68-8 U214
Thallium(I) carbonate...................... Carbonic acid, dithallium(1+) salt. 6533-73-9 U215
Thallium(I) chloride....................... Thallium chloride TlCl............. 7791-12-0 U216
Thallium(I) nitrate........................ Nitric acid, thallium(1+) salt..... 10102-45-1 U217
Thallium selenite.......................... Selenious acid, dithallium(1+) salt 12039-52-0 P114
Thallium(I) sulfate........................ Sulfuric acid, dithallium(1+) salt. 7446-18-6 P115
Thioacetamide.............................. Ethanethioamide.................... 62-55-5 U218
Thiodicarb................................. Ethanimidothioic acid, N,N'- 59669-26-0 U410
[thiobis [(methylimino)
carbonyloxy]] bis-, dimethyl ester.
Thiofanox.................................. 2-Butanone, 3,3-dimethyl-1- 39196-18-4 P045
(methylthio)-, 0-
[(methylamino)carbonyl] oxime.
Thiomethanol............................... Methanethiol....................... 74-93-1 U153
Thiophanate-methyl......................... Carbamic acid, [1,2-phyenylenebis 23564-05-8 U409
(iminocarbonothioyl)] bis-,
dimethyl ester.
Thiophenol................................. Benzenethiol....................... 108-98-5 P014
Thiosemicarbazide.......................... Hydrazinecarbothioamide............ 79-19-6 P116
Thiourea................................... Same............................... 62-56-6 U219
Thiram..................................... Thioperoxydicarbonic diamide 137-26-8 U244
[(H2N)C(S)]2S2, tetramethyl-.
Tirpate.................................... 1,3-Dithiolane-2-carboxaldehyde, 26419-73-8 P185
2,4-dimethyl-, O-[(methylamino)
carbonyl] oxime.
Toluene.................................... Benzene, methyl-................... 108-88-3 U220
Toluenediamine............................. Benzenediamine, ar-methyl-......... 25376-45-8 U221
Toluene-2,4-diamine........................ 1,3-Benzenediamine, 4-methyl-...... 95-80-7 ...........
Toluene-2,6-diamine........................ 1,3-Benzenediamine, 2-methyl-...... 823-40-5 ...........
Toluene-3,4-diamine........................ 1,2-Benzenediamine, 4-methyl-...... 496-72-0 ...........
Toluene diisocyanate....................... Benzene, 1,3-diisocyanatomethyl-... 26471-62-5 U223
o-Toluidine................................ Benzenamine, 2-methyl-............. 95-53-4 U328
o-Toluidine hydrochloride.................. Benzenamine, 2-methyl-, 636-21-5 U222
hydrochloride.
p-Toluidine................................ Benzenamine, 4-methyl-............. 106-49-0 U353
Toxaphene.................................. Same............................... 8001-35-2 P123
Triallate.................................. Carbamothioic acid, bis(1- 2303-17-5 U389
methylethyl)-, S-(2,3,3-trichloro-
2-propenyl) ester.
[[Page 85]]
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 V2O5................ 1314-62-1 P120
Vernolate.................................. Carbamothioc acid, dipropyl-, S- 1929-77-7 U385
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 Zn3P2, when present 1314-84-7 P122
at concentrations greater than 10%.
Zinc phosphide............................. Zinc phosphide Zn3P2, 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]
[[Page 86]]
Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20 and 260.22
Table 1--Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
Facility Address Waste description
------------------------------------------------------------------------
Ampex Recording Opelika, Alabama. Solvent recovery residues in the
Media powder or pellet form (EPA
Corporation. Hazardous Waste Nos. F003 and
F005) generated from the recovery
of spent solvents from the
manufacture of tape recording
media (generated at a maximum
annual rate of 1,000 cubic yards
in the powder or pellet form)
after August 9, 1993. In order to
confirm that the characteristics
of the wastes do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
of the waste (in its final form)
for the constituents listed in 40
CFR 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to 40 CFR 260.22(i)(12),
maintained on-site for a minimum
of five years, and made available
for inspection upon request by
any employee or representative of
EPA or the State of Alabama.
Failure to maintain the required
records on-site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.
Aptus, Inc....... Coffeyville, Kiln residue and spray dryer/
Kansas. baghouse residue (EPA Hazardous
Waste No. F027) generated during
the treatment of cancelled
pesticides containing 2,4,5-T and
Silvex and related materials by
Aptus' incinerator at
Coffeyville, Kansas after
December 27, 1991, so long as:
(1) The incinerator is monitored
continuously and is in compliance
with operating permit conditions.
Should the incinerator fail to
comply with the permit conditions
relevant to the mechanical
operation of the incinerator,
Aptus must test the residues
generated during the run when the
failure occurred according to the
requirements of Conditions (2)
through (4), regardless of
whether or not the demonstration
in Condition (5) has been made.
(2) A minimum of four grab samples
must be taken from each hopper
(or other container) of kiln
residue generated during each 24
hour run; all grabs collected
during a given 24 hour run must
then be composited to form one
composite sample. A minimum of
four grab samples must also be
taken from each hopper (or other
container) of spray dryer/
baghouse residue generated during
each 24 hour run; all grabs
collected during a given 24 hour
run must then be composited to
form one composite sample. Prior
to the disposal of the residues
from each 24 hour run, a TCLP
leachate test must be performed
on these composite samples and
the leachate analyzed for the TC
toxic metals, nickel, and
cyanide. If arsenic, chromium,
lead or silver TC leachate test
results exceed 1.6 ppm, barium
levels exceed 32 ppm, cadmium or
selenium levels exceed 0.3 ppm,
mercury levels exceed 0.07 ppm,
nickel levels exceed 10 ppm, or
cyanide levels exceed 6.5 ppm,
the wastes must be retreated to
achieve these levels or must be
disposed in accordance with
subtitle C of RCRA. Analyses must
be performed according to SW-846
methodologies.
(3) Aptus must generate, prior to
the disposal of the residues,
verification data from each 24
hour run for each treatment
residue (i.e., kiln residue,
spray dryer/baghouse residue) to
demonstrate that the maximum
allowable treatment residue
concentrations listed below are
not exceeded. Samples must be
collected as specified in
Condition (2). Analyses must be
performed according to SW-846
methodologies. Any residues which
exceed any of the levels listed
below must be retreated or must
be disposed of as hazardous.
Kiln residue and spray dryer/
baghouse residue must not exceed
the following levels:
Aldrin--0.015 ppm
Benzene--9.7 ppm
Benzo(a)pyrene--0.43 ppm
Benzo(b)fluoranthene--1.8 ppm
Chlordane--0.37 ppm
Chloroform--5.4 ppm
Chrysene--170 ppm
Dibenz(a,h)anthracene--0.083 ppm
1,2-Dichloroethane--4.1 ppm
Dichloromethane--2.4 ppm
2,4-Dichlorophenol--480 ppm
Dichlorvos--260 ppm
Disulfaton--23 ppm
Endosulfan I--310 ppm
Fluorene--120 ppm
Indeno(1,2,3,cd)-pyrene--330 ppm
Methyl parathion--210 ppm
Nitrosodiphenylamine--130 ppm
Phenanthrene--150 ppm
Polychlorinated biphenyls--0.31
ppm
Tetrachloroethylene--59 ppm
2,4,5-TP (silvex)--110 ppm
2,4,6-Trichlorophenol--3.9 ppm
[[Page 87]]
(4) Aptus must generate, prior to
disposal of residues,
verification data from each 24
hour run for each treatment
residue (i.e., kiln residue,
spray dryer/baghouse residue) to
demonstrate that the residues do
not contain tetra-, penta-, or
hexachlorodibenzo-p-dioxins or
furans at levels of regulatory
concern. Samples must be
collected as specified in
Condition (2). The TCDD
equivalent levels for the solid
residues must be less than 5 ppt.
Any residues with detected
dioxins or furans in excess of
this level must be retreated or
must be disposed of as acutely
hazardous. SW-846 Method 8290, a
high resolution gas
chromatography and high
resolution mass spectroscopy
(HRGC/HRMS) analytical method
must be used. For tetra- and
penta-chlorinated dioxin and
furan homologs, the maximum
practical quantitation limit must
not exceed 15 ppt for the solid
residues. For hexachlorinated
dioxin and furan homologs, the
maximum practical quantitation
limit must not exceed 37 ppt for
the solid residues.
(5) The test data from Conditions
(1), (2), (3), and (4) must be
kept on file by Aptus for
inspection purposes and must be
compiled, summarized, and
submitted to the Director for the
Characterization and Assessment
Division, Office of Solid Waste,
by certified mail on a monthly
basis and when the treatment of
the cancelled pesticides and
related materials is concluded.
The testing requirements for
Conditions (2), (3), and (4) will
continue until Aptus provides the
Director with the results of four
consecutive batch analyses for
the petitioned wastes, none of
which exceed the maximum
allowable levels listed in these
conditions and the director
notifies Aptus that the
conditions have been lifted. All
data submitted will be placed in
the RCRA public docket.
(6) Aptus must provide a signed
copy of the following
certification statement when
submitting data in response to
the conditions listed above:
``Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations, I
certify that the information
contained in or accompanying this
document is true, accurate, and
complete. As to the (those)
identified section(s) of this
document for which I cannot
personally verify its (their)
truth and accuracy, I certify as
the company official having
supervisory responsibility for
the persons who, acting under my
direct instructions, made the
verification that this
information is true, accurate,
and complete.''
Arco Building Sugarcreek, Ohio. Dewatered wastewater treatment
Products. sludge (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after August 15, 1986.
Arco Chemical Co. Miami, FL........ Dewatered wastewater treatment
sludge (EPA Hazardous Waste No.
FO19) generated from the chemical
conversion coating of aluminum
after April 29, 1986.
Arkansas Vertac Superfund Kiln ash, cyclone ash, and calcium
Department of site, chloride salts from incineration
Pollution Jacksonville, of residues (EPA Hazardous Waste
Control and Arkansas. No. F020 and F023) generated from
Ecology. the primary production of 2,4,5-T
and 2,4-D after August 24, 1990.
This one-time exclusion applies
only to the incineration of the
waste materials described in the
petition, and it is conditional
upon the data obtained from
ADPC&E's full-scale incineration
facility. To ensure that
hazardous constituents are not
present in the waste at levels of
regulatory concern once the full-
scale treatment facility is in
operation, ADPC&E must implement
a testing program for the
petitioned waste. This testing
program must meet the following
conditions for the exclusion to
be valid:
(1) Testing: Sample collection
and analyses (including
quality control (QC)
procedures) must be performed
according to SW-846
methodologies.
(A) Initial testing:
Representative grab samples
must be taken from each drum
and kiln ash and cyclone ash
generated from each 24 hours
of operation, and the grab
samples composited to form
one composite sample of ash
for each 24-hour period.
Representative grab samples
must also be taken from each
drum of calcium chloride
salts generated from each 24
hours of operation and
composited to form one
composite sample of calcium
chloride salts for each 24-
hour period. The initial
testing requirements must be
fullfilled for the following
wastes: (i) Incineration by-
products generated prior to
and during the incinerator's
trial burn; (ii)
incineration by-products
from the treatment of 2,4-D
wastes for one week (or 7
days if incineration is not
on consecutive days) after
completion of the trial
burn; (iii) incineration by-
products from the treatment
of blended 2,4-D and 2,4, 5-
T wastes for two weeks (or
14 days if incineration is
not on consecutive days)
after completion of the
trial burn; and (iv)
incineration by-products
from the treatment of
blended 2,4-D and 2,4,5-T
wastes for one week (or 7
days if incineration is not
on consecutive days) when
the percentage of 2, 4, 5-T
wastes exceeds the maximum
percentage treated under
Condition (1)(A)(iii). Prior
to disposal of the residues
from each 24-hour sampling
period, the daily composite
must be analyzed for all the
constituents listed in
Condition (3). ADPC&E must
report the analytical test
data, including quality
control information,
obtained during this initial
period no later than 90 days
after the start of the
operation.
(B) Subsequent testing:
Representative grab samples
of each drum of kiln and
cyclone ash generated from
each week of operation must
be composited to form one
composite sample of ash for
each weekly period.
Representative grab samples
of each drum of calcium
chloride salts generated
from each week of operation
must also be composited to
form one composite sample of
calcium chloride salts for
each weekly period.
[[Page 88]]
Prior to disposal of the
residues from each weekly
sampling period, the weekly
composites must be analyzed
for all of the constituents
listed in Condition (3). The
analytical data, including
quality control information,
must be compiled and
maintained on site for a
minimum of three years.
These data must be furnished
upon request and made
available for inspection by
any employee or
representative of EPA.
(2) Waste holding: The
incineration residues that are
generated must be stored as
hazardous until the initial
verification analyses or
subsequent analyses are
completed.
If the composite incineration
residue samples (from either
Condition (1)(A) or Condition
(1)(B)) do not exceed any of
the delisting levels set in
Condition (3), the
incineration residues
corresponding to these samples
may be managed and disposed of
in accordance with all
applicable solid waste
regulations.
If any composite incineration
residue sample exceeds any of
the delisting levels set in
Condition (3), the
incineration residues
generated during the time
period corresponding to this
sample must be retreated until
they meet these levels
(analyses must be repeated) or
managed and disposed of in
accordance with subtitle C of
RCRA. Incineration residues
which are generated but for
which analysis is not complete
or valid must be managed and
disposed of in accordance with
subtitle C of RCRA, until
valid analyses demonstrate
that the wastes meet the
delisting levels.
(3) Delisting levels: If
concentrations in one or more
of the incineration residues
for any of the hazardous
constituents listed below
exceed their respective
maximum allowable
concentrations also listed
below, the batch of failing
waste must either be re-
treated until it meets these
levels or managed and disposed
of in accordance with subtitle
C of RCRA.
(A) Inorganics (Leachable):
Arsenic, 0.32 ppm; Barium,
6.3 ppm; Cadmium, 0.06 ppm;
Chromium, 0.32 ppm; Cyanide,
4.4 ppm; Lead, 0.32 ppm;
Mercury, 0.01 ppm; Nickel,
4.4 ppm; Selenium, 0.06 ppm;
Silver, 0.32 ppm. Metal
concentrations must be
measured in the waste
leachate as per 40 CFR
261.24. Cyanide extractions
must be conducted using
distilled water.
(B) Organics: Benzene, 0.87
ppm; Benzo(a)anthracene,
0.10 ppm; Benzo(a)pyrene,
0.04 ppm; Benzo
(b)fluoranthene, 0.16 ppm;
Chlorobenzene, 152 ppm; o-
Chlorophenol, 44 ppm;
Chrysene, 15 ppm; 2, 4-D,
107 ppm; DDE, 1.0 ppm;
Dibenz(a,h)anthracene, 0.007
ppm; 1, 4-Dichlorobenzene,
265 ppm; 1, 1-
Dichloroethylene, 1.3 ppm;
trans-1,2-Dichloroethylene,
37 ppm; Dichloromethane,
0.23 ppm; 2,4-
Dichlorophenol, 43 ppm;
Hexachlorobenzene, 0.26 ppm;
Indeno (1,2,3-cd) pyrene, 30
ppm; Polychlorinated
biphenyls, 12 ppm; 2,4,5-T,
1 x 10 \6\ ppm; 1,2,4,5-
Tetrachlorobenzene, 56 ppm;
Tetrachloroethylene, 3.4
ppm; Trichloroethylene, 1.1
ppm; 2,4,5-Trichlorophenol,
21,000 ppm; 2,4,6-
Trichlorophenol, 0.35 ppm.
(C) Chlorinated dioxins and
furans: 2,3,7,8-
Tetrachlorodibenzo-p-dioxin
equivalents, 4 x 10-7 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
Method 8290, a high
resolution gas
chromatography/high
resolution mass spectrometry
method, and must achieve
practical quantitation
limits of 15 parts per
trillion (ppt) for the tetra-
and penta- homologs, and 37
ppt for the hexa- and hepta-
homologs.
(4) Termination of testing: Due
to the possible variability of
the incinerator feeds, the
testing requirements of
Condition (1)(B) will continue
indefinitely.
(5) Data submittals: Within one
week of system start-up,
ADPC&E must notify the Section
Chief, Variances Section (see
address below) when the full-
scale incineration system is
on-line and waste treatment
has begun. The data obtained
through Condition (1)(A) must
be submitted to the Section
Chief, Variances Section, PSPD/
OSW (OS-343), U.S. EPA, 401 M
Street SW., Washington, DC
20460, within the time period
specified. At the Section
Chief's request, ADPC&E must
submit analytical data
obtained through Condition
(1)(B) within the time period
specified by the Section
Chief. Failure to submit the
required data obtained from
Condition (1)(A) within the
specified time period or to
maintain the required records
for the time specified in
Condition (1)(B) (or to submit
data within the time specified
by the Section Chief) will be
considered by the Agency, at
its discretion, sufficient
basis to revoke ADPC&E's
exclusion to the extent
directed by EPA. All data must
be accompanied by the
following certification
statement:
[[Page 89]]
``Under civil and criminal
penalty of law for the making
or submission of false or
fraudulent statements or
representations (pursuant to
the applicable provisions of
the Federal Code, which
include, but may not be
limited to, 18 U.S.C. 1001 and
42 U.S.C. 6928), I certify
that the information contained
in or accompanying this
document is true, accurate and
complete. As to the (those)
identified section(s) of this
document for which I cannot
personally verify its (their)
truth and accuracy, I certify
as the company official having
supervisory responsibility for
the persons who, acting under
my direct instructions, made
the verification that this
information is true, accurate
and complete. In the event
that any of this information
is determined by EPA in its
sole discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact
to the company, I recognize
and agree that this exclusion
of wastes will be void as if
it never had effect or to the
extent directed by EPA and
that the company will be
liable for any actions taken
in contravention of the
company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
BBC Brown Boveri, Sanford, FL...... Dewatered Wastewater treatment
Inc. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations after
October 17, 1986.
Bethlehem Steel Lackawanna, New Ammonia still lime sludge (EPA
Corporation. York. Hazardous Waste No. K060) and
other solid waste generated from
primary metal-making and coking
operations. This is a one-time
exclusion for 118,000 cubic yards
of waste contained in the on-site
landfill referred to as HWM-2.
This exclusion was published on
April 24, 1996.
Bethlehem Steel Sparrows Point, Stabilized filter cake (at a
Corporation. Maryland. maximum annual rate of 1100 cubic
yards) from the treatment of
wastewater treatment sludges (EPA
Hazardous Waste No. F006)
generated from electroplating
operations after [insert date of
publication in Federal Register].
Bethlehem Steel (BSC) must
implement a testing program that
meets the following conditions
for the exclusion to be valid:
(1) Testing: Sample collection
and analyses (including quality
control (QC) procedures) must be
performed according to SW-846
methodologies. If EPA judges the
stabilization process to be
effective under the conditions
used during the initial
verification testing, BSC may
replace the testing required in
Condition (1)(A) with the testing
required in Condition (1)(B). BSC
must continue to test as
specified in Condition (1)(A)
until and unless notified by EPA
in writing that testing in
Condition (1)(A) may be replaced
by Condition (1)(B) (to the
extent directed by EPA).
(A) Initial Verification
Testing: During at least the
first eight weeks of operation of
the full-scale treatment system,
BSC must collect and analyze
weekly composites representative
of the stabilized waste. Weekly
composites must be composed of
representative grab samples
collected from every batch during
each week of stabilization. The
composite samples must be
collected and analyzed, prior to
the disposal of the stabilized
filter cake, for all constituents
listed in Condition (3). BSC must
report the analytical test data,
including a record of the ratios
of lime kiln dust and fly ash
used and quality control
information, obtained during this
initial period no later than 60
days after the collection of the
last composite of stabilized
filter cake.
(B) Subsequent Verification
Testing: Following written
notification by EPA, BSC may
substitute the testing condition
in (1)(B) for (1)(A). BSC must
collect and analyze at least one
composite representative of the
stabilized filter cake generated
each month. Monthly composites
must be comprised of
representative samples collected
from all batches that are
stabilized in a one-month period.
The monthly samples must be
analyzed prior to the disposal of
the stabilized filter cake for
chromium, lead and nickel. BSC
may, at its discretion, analyze
composite samples more frequently
to demonstrate that smaller
batches of waste are non-
hazardous.
(C) Annual Verification Testing:
In order to confirm that the
characteristics of the treated
waste do not change
significantly, BSC must, on an
annual basis, analyze a
representative composite sample
of stabilized filter cake for all
TC constituents listed in 40 CFR
Sec. 261.24 using the method
specified therein. This composite
sample must represent the
stabilized filter cake generated
over one week.
(2) Waste Holding and Handling:
BSC must store, as hazardous, all
stabilized filter cake generated
until verification testing (as
specified in Conditions (1)(A)
and (1)(B)) is completed and
valid analyses demonstrate that
the delisting levels set forth in
Condition (3) are met. If the
levels of hazardous constituents
measured in the samples of
stabilized filter cake generated
are below all the levels set
forth in Condition (3), then the
stabilized filter cake is non-
hazardous and may be managed and
disposed of in accordance with
all applicable solid waste
regulations. If hazardous
constituent levels in any weekly
or monthly composite sample equal
or exceed any of the delisting
levels set in Condition (3), the
stabilized filter cake generated
during the time period
corresponding to this sample must
be retreated until it is below
these levels or managed and
disposed of in accordance with
Subtitle C of RCRA.
(3) Delisting Levels: All
concentrations must be measured
in the waste leachate by the
method specified in 40 CFR Sec.
261.24. The leachable
concentrations for the
constituents must be below the
following levels (ppm): arsenic--
4.8; barium--100; cadmium--0.48;
chromium--5.0; lead--1.4;
mercury--0.19; nickel--9.6;
selenium--1.0; silver--5.0.
[[Page 90]]
(4) Changes in Operating
Conditions: After completing the
initial verification test period
in Condition (1)(A), if BSC
decides to significantly change
the stabilization process (e.g.,
stabilization reagents) developed
under Condition (1), then BSC
must notify EPA in writing prior
to instituting the change. After
written approval by EPA, BSC may
manage waste generated from the
changed process as non-hazardous
under this exclusion, provided
the other conditions of this
exclusion are fulfilled.
(5) Data Submittals: Two weeks
prior to system start-up, BSC
must notify in writing the
Section Chief, Delisting Section
(see address below) when
stabilization of the dewatered
filter cake will begin. The data
obtained through Condition (1)(A)
must be submitted to the Section
Chief, Delisting Section, OSW
(5304), U.S. EPA, 401 M Street,
SW, Washington, DC 20460 within
the time period specified. The
analytical data, including
quality control information and
records of ratios of lime kiln
dust and fly ash used, must be
compiled and maintained on site
for a minimum of five years.
These data must be furnished upon
request and made available for
inspection by EPA or the State of
Maryland. Failure to submit the
required data within the
specified time period or maintain
the required records on site for
the specified time will be
considered by the Agency, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
``Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C Sec. 1001
and 42 U.S.C Sec. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
Boeing Commercial Auburn, Residually contaminated soils in
Airplane Co. Washington. an inactive sludge pile
containment area on March 27,
1990, previously used to store
wastewater treatment sludges
generated from electroplating
operations (EPA Hazardous Waste
No. F006).
Bommer Industries Landrum, SC...... Wastewater treatment sludges (EPA
Inc. Hazardous Waste No. F006)
generated from their
electroplating operations and
contained in evaporation ponds 1
and 2 on August 12, 1987.
Capitol Products Harrisburg, PA... Dewatered wastewater treatment
Corp. sludges (EPA Hazardous Waste No.
FO19) generated from the chemical
conversion coating of aluminum
after September 12, 1986.
Capitol Products Kentland, IN..... Dewatered wastewater treatment
Corporation. sludges (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after November 17, 1986.
Care Free Charlotte, Wastewater treatment sludge (EPA
Aluminum Michigan. Hazardous Waste No. F019)
Products, Inc. generated from the chemical
conversion coating of aluminum
(generated at a maximum annual
rate of 100 cubic yards), after
August 21, 1992. In order to
confirm that the characteristics
of the waste do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
for the constituents listed in
Sec. 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to Sec. 260.22(i)(12),
maintained on-site for a minimum
of five years, and made available
for inspection upon request by
any employee or representative of
EPA or the State of Michigan.
Failure to maintain the required
records on-site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.
Chamberlian- Hot Springs, AR.. Dewatered wastewater treatment
Featherlite, Inc. sludges (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after July 16, 1986.
Cincinnati Cincinnati, OH... Sluiced bottom ash (approximately
Metropolitan 25,000 cubic yards) contained in
Sewer District. the South Lagoon, on September
13, 1985 which contains EPA
Hazardous Waste Nos. F001, F002,
F003, F004, and F005.
Clay Equipment Cedar Falls, Iowa Dewatered wastewater treatment
Corporation. sludges (EPA Hazardous Waste No.
F006) and spent cyanide bath
solutions (EPA Hazardous Waste
No. F009) generated from
electroplating operations and
disposed of in an on-site surface
impoundment. This is a onetime
exclusion. This exclusion was
published on August 1, 1989.
Continental Can Olympia, WA...... Dewatered wastewater treatment
Co. sludges (DPA Hazardous Waste No.
FO19) generated from the chemical
conversion coating of aluminum
after September 12, 1986.
Dover Corp., Tulsa, OK........ Dewatered wastewater treatment
Norris Div. sludge (EPA Hazardous Waste No.
FO06) generated from their
electroplating operations after
April 29, 1986.
[[Page 91]]
Eli Lilly and Clinton, Indiana. Incinerator scrubber liquids,
Company. entering and contained in their
onsite surface impoundment, and
solids settling from these
liquids originating from the
burning of spent solvents (EPA
Hazardous Waste Nos. F002, F003,
and F005) contained in their
onsite surface impoundment and
solids retention area on August
18, 1988 and any new incinerator
scubber liquids and settled
solids generated in the surface
impoundment and and disposed of
in the retention are after August
12, 1988.
Envirite Canton, Ohio; Dewatered wastewater sludges (EPA
Corporation. Harvey, Hazardous Waste No. F006)
Illinois; York, generated from electroplating
Pennsylvania. operations; spent cyanide plating
solutions (EPA Hazardous Waste
No. F007) generated from
electroplating operations;
plating bath residues from the
bottom of plating baths (EPA
Hazardous Waste No. F008)
generated from electroplating
operations where cyanides are
used in the process; spent
stripping and cleaning bath
solutions (EPA Hazardous Waste
No. F009) generated from
electroplating operations where
cyanides are used in the process;
spent cyanide solutions from salt
bath pot cleaning (EPA Hazardous
Waste No. F011) generated from
metal heat treating operations;
quenching wastewater treatment
sludges (EPA Hazardous Waste No.
F012) generated from metal heat
treating where cyanides are used
in the process; wastewater
treatment sludges (EPA Hazardous
Waste No. F019) generated from
the chemical conversion coating
of aluminum after November 14,
1986. To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern, the facility must
implement a contingency testing
program for the petitioned waste.
This testing program must meet
the following conditions for the
exclusion to be valid:
(1) Each batch of treatment
residue must be representatively
sampled and tested using the EP
Toxicity test for arsenic,
barium, cadmium, chromium, lead,
selenium, silver, mercury, and
nickel. If the extract
concentrations for chromium,
lead, arsenic, and silver exceed
0.315 ppm; barium levels exceed
6.3 ppm; cadmium and selenium
exceed 0.063 ppm; mercury exceeds
0.0126 ppm; or nickel levels
exceed 2.205 ppm; the waste must
be retreated or managed and
disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 270.
(2) Each batch of treatment
residue must be tested for
reactive and leachable cyanide.
If the reactive cyanide levels
exceed 250 ppm or leachable
cyanide levels (using the EP
Toxicity test without acetic acid
adjustment) exceed 1.26 ppm, the
waste must be re-treated or
managed and disposed as a
hazardous waste under 40 CFR
Parts 262 to 265 and the
permitting standards of 40 CFR
Part 270.
(3) Each batch of waste must be
tested for the total content of
specific organic toxicants. If
the total content of anthracene
exceeds 76.8 ppm, 1,2-diphenyl
hydrazine exceeds 0.001 ppm,
methylene chloride exceeds 8.18
ppm, methyl ethyl ketone exceeds
326 ppm, n-nitrosodiphenylamine
exceeds 11.9 ppm, phenol exceeds
1,566 ppm, tetrachloroethylene
exceeds 0.188 ppm, or
trichloroethylene exceeds 0.592
ppm, the waste must be managed
and disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 270.
(4) A grab sample must be
collected from each batch to form
one monthly composite sample
which must be tested using GC/MS
analysis for the compounds listed
in #3 above as well as the
remaining organics on the
priority pollutant list. (See 47
FR 52039, November 19, 1982, for
a list of the priority
pollutants.)
(5) The data from conditions 1-4
must be kept on file at the
facility for inspection purposes
and must be compiled, summarized,
and submitted to the
Administrator by certified mail
semi-annually. The Agency will
review this information and if
needed will propose to modify or
withdraw the exclusion.
The organics testing described in
conditions 3 and 4 above are not
required until six months from
the date of promulgation. The
Agency's decision to
conditionally exclude the
treatment residue generated from
the wastewater treatment systems
at these facilities applies only
to the wastewater and solids
treatment systems as they
presently exist as described in
the delisting petition. The
exclusion does not apply to the
proposed process additions
described in the petition as
recovery including
crystallization, electrolytic
metals recovery, evaporative
recovery, and ion exchange.
EPA's Mobile Denney Farm Site; Process wastewater, rotary kiln
Incineration McDowell, MO. ash, CHEAF media, and other
System. solids (except spent activated
carbon) (EPA Hazardous Waste Nos.
F020, F022, F023, F026, F027, and
F028) generated during the field
demonstration of EPA's Mobile
Incinerator at the Denney Farm
Site in McDowell, Missouri, after
July 25, 1985, so long as: (1)
The incinerator is functioning
properly; (2) a grab sample is
taken from each tank of
wastewater generated and the EP
leachate values do not exceed
0.03 ppm for mercury, 0.14 ppm
for selenium, and 0.68 ppm for
chromium; and (3) a grab sample
is taken from each drum of soil
or ash generated and a core
sample is collected from each
CHEAF roll generated and the EP
leachate values of daily
composites do not exceed 0.044
ppm in ash or CHEAF media for
mercury or 0.22 ppm in ash or
CHEAF media for selenium.
Falconer Glass Falconer, NY..... Wastewater treatment sludges from
Indust., Inc. the filter press and magnetic
drum separator (EPA Hazardous
Waste No. F006) generated from
electroplating operations after
July 16, 1986.
Florida Daytona Beach, This is a one-time exclusion.
Production Florida. Wastewater treatment sludges (EPA
Engineering Hazardous Waste No. F006)
Company. generated from electroplating
operations and contained in four
on-site trenches on January 23,
1987.
[[Page 92]]
General Electric Shreveport Wastewater treatment sludges (EPA
Company. Louisiana. Hazardous Waste No. F006)
generated from electroplating
operations and contained in four
on-site treatment ponds on August
12, 1987.
General Motors Elyria, OH....... The residue generated from the use
Corp., Fisher of the Chemfix
PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE--Table of Contents
Subpart A--General
Sec.
262.10 Purpose, scope, and applicability.
262.11 Hazardous waste determination.
262.12 EPA identification numbers.
Subpart B--The Manifest
262.20 General requirements.
262.21 Acquisition of manifests.
262.22 Number of copies.
262.23 Use of the manifest.
Subpart C--Pre-Transport Requirements
262.30 Packaging.
262.31 Labeling.
262.32 Marking.
262.33 Placarding.
262.34 Accumulation time.
Subpart D--Recordkeeping and Reporting
262.40 Recordkeeping.
262.41 Biennial report.
262.42 Exception reporting.
262.43 Additional reporting.
262.44 Special requirements for generators of between 100 and 1000 kg/
mo.
Subpart E--Exports of Hazardous Waste
262.50 Applicability.
262.51 Definitions.
262.52 General requirements.
262.53 Notification of intent to export.
262.54 Special manifest requirements.
262.55 Exception reports.
262.56 Annual reports.
262.57 Recordkeeping.
262.58 International agreements.
Subpart F--Imports of Hazardous Waste
262.60 Imports of hazardous waste.
Subpart G--Farmers
262.70 Farmers.
Subpart H--Transfrontier shipments of hazardous waste for recovery
within the OECD
262.80 Applicability.
262.81 Definitions.
262.82 General conditions.
262.83 Notification and consent.
262.84 Tracking document.
262.85 Contracts.
262.86 Provisions relating to recognized traders.
262.87 Reporting and recordkeeping.
262.88 Pre-approval for U.S. Recovery Facilities (Reserved).
262.89 OECD Waste Lists.
Appendix to Part 262--Uniform Hazardous Waste Manifest and Instructions
(EPA Forms 8700-22 and 8700-22A and Their Instructions)
Authority: 42 U.S.C 6906, 6912, 6922, 6923, 6925, 6937, and 6938.
Source: 45 FR 33142, May 19, 1980, unless otherwise noted.
Subpart A--General
Sec. 262.10 Purpose, scope, and applicability.
(a) These regulations establish standards for generators of
hazardous waste.
(b) 40 CFR 261.5(c) and (d) must be used to determine the
applicability of provisions of this part that are dependent on
calculations of the quantity of hazardous waste generated per month.
(c) A generator who treats, stores, or disposes of hazardous waste
on-site must only comply with the following sections of this part with
respect to that waste: Section 262.11 for determining whether or not he
has a hazardous waste, Sec. 262.12 for obtaining an EPA identification
number, Sec. 262.34 for accumulation of hazardous waste, Sec. 262.40 (c)
and (d) for recordkeeping, Sec. 262.43 for additional reporting, and if
applicable, Sec. 262.70 for farmers.
(d) Any person who exports or imports hazardous waste subject to the
Federal manifesting requirements of part 262, or subject to the
universal waste management standards of 40 CFR
[[Page 118]]
Part 273, or subject to State requirements analogous to 40 CFR Part 273,
to or from the countries listed in Sec. 262.58(a)(1) for recovery must
comply with subpart H of this part.
(e) Any person who imports hazardous waste into the United States
must comply with the standards applicable to generators established in
this part.
(f) A farmer who generates waste pesticides which are hazardous
waste and who complies with all of the requirements of Sec. 262.70 is
not required to comply with other standards in this part or 40 CFR parts
270, 264, 265, or 268 with respect to such pesticides.
(g) A person who generates a hazardous waste as defined by 40 CFR
part 261 is subject to the compliance requirements and penalties
prescribed in section 3008 of the Act if he does not comply with the
requirements of this part.
(h) An owner or operator who initiates a shipment of hazardous waste
from a treatment, storage, or disposal facility must comply with the
generator standards established in this part.
Note 1: The provisions of Sec. 262.34 are applicable to the on-site
accumulation of hazardous waste by generators. Therefore, the provisions
of Sec. 262.34 only apply to owners or operators who are shipping
hazardous waste which they generated at that facility.
Note 2: A generator who treats, stores, or disposes of hazardous
waste on-site must comply with the applicable standards and permit
requirements set forth in 40 CFR parts 264, 265, 266, 268, and 270.
[45 FR 33142, May 19, 1980, as amended at 45 FR 86970, Dec. 31, 1980; 47
FR 1251, Jan. 11, 1982; 48 FR 14294, Apr. 1, 1983; 53 FR 27164, July 19,
1988; 56 FR 3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995; 61 FR 16309,
Apr. 12, 1996]
Effective Date Note: At 61 FR 16309, Apr. 12, 1996, Sec. 262.10 was
amended by redesignating paragraphs (d), (e), (f), and (g) as (e),(f),
(g), and (h), and adding a new (d), effective July 11, 1996.
Sec. 262.11 Hazardous waste determination.
A person who generates a solid waste, as defined in 40 CFR 261.2,
must determine if that waste is a hazardous waste using the following
method:
(a) He should first determine if the waste is excluded from
regulation under 40 CFR 261.4.
(b) He must then determine if the waste is listed as a hazardous
waste in subpart D of 40 CFR part 261.
Note: Even if the waste is listed, the generator still has an
opportunity under 40 CFR 260.22 to demonstrate to the Administrator that
the waste from his particular facility or operation is not a hazardous
waste.
(c) For purposes of compliance with 40 CFR part 268, or if the waste
is not listed in subpart D of 40 CFR part 261, the generator must then
determine whether the waste is identified in subpart C of 40 CFR part
261 by either:
(1) Testing the waste according to the methods set forth in subpart
C of 40 CFR part 261, or according to an equivalent method approved by
the Administrator under 40 CFR 260.21; or
(2) Applying knowledge of the hazard characteristic of the waste in
light of the materials or the processes used.
(d) If the waste is determined to be hazardous, the generator must
refer to parts 261, 264, 265, 266, 268, and 273 of this chapter for
possible exclusions or restrictions pertaining to management of the
specific waste.
[45 FR 33142, May 19, 1980, as amended at 45 FR 76624, Nov. 19, 1980; 51
FR 40637, Nov. 7, 1986; 55 FR 22684, June 1, 1990; 56 FR 3877, Jan. 31,
1991; 60 FR 25541, May 11, 1995]
Sec. 262.12 EPA identification numbers.
(a) A generator must not treat, store, dispose of, transport, or
offer for transportation, hazardous waste without having received an EPA
identification number from the Administrator.
(b) A generator who has not received an EPA identification number
may obtain one by applying to the Administrator using EPA form 8700-12.
Upon receiving the request the Administrator will assign an EPA
identification number to the generator.
(c) A generator must not offer his hazardous waste to transporters
or to treatment, storage, or disposal facilities that have not received
an EPA identification number.
Subpart B--The Manifest
Sec. 262.20 General requirements.
(a) A generator who transports, or offers for transportation,
hazardous waste for offsite treatment, storage, or
[[Page 119]]
disposal must prepare a Manifest OMB control number 2050-0039 on EPA
form 8700-22, and, if necessary, EPA form 8700-22A, according to the
instructions included in the appendix to part 262.
(b) A generator must designate on the manifest one facility which is
permitted to handle the waste described on the manifest.
(c) A generator may also designate on the manifest one alternate
facility which is permitted to handle his waste in the event an
emergency prevents delivery of the waste to the primary designated
facility.
(d) If the transporter is unable to deliver the hazardous waste to
the designated facility or the alternate facility, the generator must
either designate another facility or instruct the transporter to return
the waste.
(e) The requirements of this subpart do not apply to hazardous waste
produced by generators of greater than 100 kg but less than 1000 kg in a
calendar month where:
(1) The waste is reclaimed under a contractual agreement pursuant to
which:
(i) The type of waste and frequency of shipments are specified in
the agreement;
(ii) The vehicle used to transport the waste to the recycling
facility and to deliver regenerated material back to the generator is
owned and operated by the reclaimer of the waste; and
(2) The generator maintains a copy of the reclamation agreement in
his files for a period of at least three years after termination or
expiration of the agreement.
[45 FR 33142, May 19, 1980, as amended at 49 FR 10500, Mar. 20, 1984; 51
FR 10175, Mar. 24, 1986; 53 FR 45090, Nov. 8, 1988]
Sec. 262.21 Acquisition of manifests.
(a) If the State to which the shipment is manifested (consignment
State) supplies the manifest and requires its use, then the generator
must use that manifest.
(b) If the consignment State does not supply the manifest, but the
State in which the generator is located (generator State) supplies the
manifest and requires its use, then the generator must use that State's
manifest.
(c) If neither the generator State nor the consignment State
supplies the manifest, then the generator may obtain the manifest from
any source.
[49 FR 10500, Mar. 20, 1984]
Sec. 262.22 Number of copies.
The manifest consists of at least the number of copies which will
provide the generator, each transporter, and the owner or operator of
the designated facility with one copy each for their records and another
copy to be returned to the generator.
Sec. 262.23 Use of the manifest.
(a) The generator must:
(1) Sign the manifest certification by hand; and
(2) Obtain the handwritten signature of the initial transporter and
date of acceptance on the manifest; and
(3) Retain one copy, in accordance with Sec. 262.40(a).
(b) The generator must give the transporter the remaining copies of
the manifest.
(c) For shipments of hazardous waste within the United States solely
by water (bulk shipments only), the generator must send three copies of
the manifest dated and signed in accordance with this section to the
owner or operator of the designated facility or the last water (bulk
shipment) transporter to handle the waste in the United States if
exported by water. Copies of the manifest are not required for each
transporter.
(d) For rail shipments of hazardous waste within the United States
which originate at the site of generation, the generator must send at
least three copies of the manifest dated and signed in accordance with
this section to:
(1) The next non-rail transporter, if any; or
(2) The designated facility if transported solely by rail; or
(3) The last rail transporter to handle the waste in the United
States if exported by rail.
(e) For shipments of hazardous waste to a designated facility in an
authorized State which has not yet obtained authorization to regulate
that particular waste as hazardous, the generator
[[Page 120]]
must assure that the designated facility agrees to sign and return the
manifest to the generator, and that any out-of-state transporter signs
and forwards the manifest to the designated facility.
Note: See Sec. 263.20(e) and (f) for special provisions for rail or
water (bulk shipment) transporters.
[45 FR 33142, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980; 55
FR 2354, Jan. 23, 1990]
Subpart C--Pre-Transport Requirements
Sec. 262.30 Packaging.
Before transporting hazardous waste or offering hazardous waste for
transportation off-site, a generator must package the waste in
accordance with the applicable Department of Transportation regulations
on packaging under 49 CFR parts 173, 178, and 179.
Sec. 262.31 Labeling.
Before transporting or offering hazardous waste for transportation
off-site, a generator must label each package in accordance with the
applicable Department of Transportation regulations on hazardous
materials under 49 CFR part 172.
Sec. 262.32 Marking.
(a) Before transporting or offering hazardous waste for
transportation off-site, a generator must mark each package of hazardous
waste in accordance with the applicable Department of Transportation
regulations on hazardous materials under 49 CFR part 172;
(b) Before transporting hazardous waste or offering hazardous waste
for transportation off-site, a generator must mark each container of 110
gallons or less used in such transportation with the following words and
information displayed in accordance with the requirements of 49 CFR
172.304:
HAZARDOUS WASTE--Federal Law Prohibits Improper Disposal. If found,
contact the nearest police or public safety authority or the U.S.
Environmental Protection Agency.
Generator's Name and Address ----------.
Manifest Document Number ------------.
Sec. 262.33 Placarding.
Before transporting hazardous waste or offering hazardous waste for
transportation off-site, a generator must placard or offer the initial
transporter the appropriate placards according to Department of
Transportation regulations for hazardous materials under 49 CFR part
172, subpart F.
Sec. 262.34 Accumulation time.
(a) Except as provided in paragraphs (d), (e), and (f) of this
section, a generator may accumulate hazardous waste on-site for 90 days
or less without a permit or without having interim status, provided
that:
(1) The waste is placed:
(i) In containers and the generator complies with subparts I, AA, BB
and CC of 40 CFR part 265; and/or
(ii) In tanks and the generator complies with subparts J, AA, BB and
CC of 40 CFR part 265, except Secs. 265.197(c) and 265.200; and/or
(iii) On drip pads and the generator complies with subpart W of 40
CFR part 265 and maintains the following records at the facility:
(A) A description of procedures that will be followed to ensure that
all wastes are removed from the drip pad and associated collection
system at least once every 90 days; and
(B) Documentation of each waste removal, including the quantity of
waste removed from the drip pad and the sump or collection system and
the date and time of removal; and/or
(iv) The waste is placed in containment buildings and the generator
complies with subpart DD of 40 CFR part 265, has placed its professional
engineer certification that the building complies with the design
standards specified in 40 CFR 265.1101 in the facility's operating
record no later than 60 days after the date of initial operation of the
unit. After February 18, 1993, PE certification will be required prior
to operation of the unit. The owner or operator shall maintain the
following records at the facility:
(A) A written description of procedures to ensure that each waste
volume remains in the unit for no more than 90 days, a written
description of the waste generation and management practices for the
facility showing that they are
[[Page 121]]
consistent with respecting the 90 day limit, and documentation that the
procedures are complied with; or
(B) Documentation that the unit is emptied at least once every 90
days.
In addition, such a generator is exempt from all the requirements in
subparts G and H of 40 CFR part 265, except for Secs. 265.111 and
265.114.
(2) The date upon which each period of accumulation begins is
clearly marked and visible for inspection on each container;
(3) While being accumulated on-site, each container and tank is
labeled or marked clearly with the words, ``Hazardous Waste''; and
(4) The generator complies with the requirements for owners or
operators in subparts C and D in 40 CFR part 265, with Sec. 265.16, and
with 40 CFR 268.7(a)(4).
(b) A generator who accumulates hazardous waste for more than 90
days is an operator of a storage facility and is subject to the
requirements of 40 CFR parts 264 and 265 and the permit requirements of
40 CFR part 270 unless he has been granted an extension to the 90-day
period. Such extension may be granted by EPA if hazardous wastes must
remain on-site for longer than 90 days due to unforeseen, temporary, and
uncontrollable circumstances. An extension of up to 30 days may be
granted at the discretion of the Regional Administrator on a case-by-
case basis.
(c)(1) A generator may accumulate as much as 55 gallons of hazardous
waste or one quart of acutely hazardous waste listed in Sec. 261.33(e)
in containers at or near any point of generation where wastes initially
accumulate, which is under the control of the operator of the process
generating the waste, without a permit or interim status and without
complying with paragraph (a) of this section provided he:
(i) Complies with Secs. 265.171, 265.172, and 265.173(a) of this
chapter; and
(ii) Marks his containers either with the words ``Hazardous Waste''
or with other words that identify the contents of the containers.
(2) A generator who accumulates either hazardous waste or acutely
hazardous waste listed in Sec. 261.33(e) in excess of the amounts listed
in paragraph (c)(1) of this section at or near any point of generation
must, with respect to that amount of excess waste, comply within three
days with paragraph (a) of this section or other applicable provisions
of this chapter. During the three day period the generator must continue
to comply with paragraphs (c)(1)(i) through (ii) of this section. The
generator must mark the container holding the excess accumulation of
hazardous waste with the date the excess amount began accumulating.
(d) A generator who generates greater than 100 kilograms but less
than 1000 kilograms of hazardous waste in a calendar month may
accumulate hazardous waste on-site for 180 days or less without a permit
or without having interim status provided that:
(1) The quantity of waste accumulated on-site never exceeds 6000
kilograms;
(2) The generator complies with the requirements of subpart I of
part 265 of this chapter, except for Secs. 265.176 and 265.178;
(3) The generator complies with the requirements of Sec. 265.201 in
subpart J of part 265;
(4) The generator complies with the requirements of paragraphs
(a)(2) and (a)(3) of this section, the requirements of subpart C of part
265, the requirements of 40 CFR 268.7(a)(4); and
(5) The generator complies with the following requirements:
(i) At all times there must be at least one employee either on the
premises or on call (i.e., available to respond to an emergency by
reaching the facility within a short period of time) with the
responsibility for coordinating all emergency response measures
specified in paragraph (d)(5)(iv) of this section. This employee is the
emergency coordinator.
(ii) The generator must post the following information next to the
telephone:
(A) The name and telephone number of the emergency coordinator;
(B) Location of fire extinguishers and spill control material, and,
if present, fire alarm; and
(C) The telephone number of the fire department, unless the facility
has a direct alarm.
(iii) The generator must ensure that all employees are thoroughly
familiar
[[Page 122]]
with proper waste handling and emergency procedures, relevant to their
responsibilities during normal facility operations and emergencies;
(iv) The emergency coordinator or his designee must respond to any
emergencies that arise. The applicable responses are as follows:
(A) In the event of a fire, call the fire department or attempt to
extinguish it using a fire extinguisher;
(B) In the event of a spill, contain the flow of hazardous waste to
the extent possible, and as soon as is practicable, clean up the
hazardous waste and any contaminated materials or soil;
(C) In the event of a fire, explosion, or other release which could
threaten human health outside the facility or when the generator has
knowledge that a spill has reached surface water, the generator must
immediately notify the National Response Center (using their 24-hour
toll free number 800/424-8802). The report must include the following
information:
(1) The name, address, and U.S. EPA Identification Number of the
generator;
(2) Date, time, and type of incident (e.g., spill or fire);
(3) Quantity and type of hazardous waste involved in the incident;
(4) Extent of injuries, if any; and
(5) Estimated quantity and disposition of recovered materials, if
any.
(e) A generator who generates greater than 100 kilograms but less
than 1000 kilograms of hazardous waste in a calendar month and who must
transport his waste, or offer his waste for transportation, over a
distance of 200 miles or more for off-site treatment, storage or
disposal may accumulate hazardous waste on-site for 270 days or less
without a permit or without having interim status provided that he
complies with the requirements of paragraph (d) of this section.
(f) A generator who generates greater than 100 kilograms but less
than 1000 kilograms of hazardous waste in a calendar month and who
accumulates hazardous waste in quantities exceeding 6000 kg or
accumulates hazardous waste for more than 180 days (or for more than 270
days if he must transport his waste, or offer his waste for
transportation, over a distance of 200 miles or more) is an operator of
a storage facility and is subject to the requirements of 40 CFR parts
264 and 265 and the permit requirements of 40 CFR part 270 unless he has
been granted an extension to the 180-day (or 270-day if applicable)
period. Such extension may be granted by EPA if hazardous wastes must
remain on-site for longer than 180 days (or 270 days if applicable) due
to unforeseen, temporary, and uncontrollable circumstances. An extension
of up to 30 days may be granted at the discretion of the Regional
Administrator on a case-by-case basis.
[47 FR 1251, Jan. 11, 1982, as amended at 48 FR 14294, Apr. 1, 1983; 49
FR 49571, Dec. 20, 1984; 51 FR 10175, Mar. 24, 1986; 51 FR 25472, July
14, 1986; 55 FR 22684, June 1, 1990; 55 FR 50483, Dec. 6, 1990; 56 FR
3877, Jan. 31, 1991; 56 FR 30195, July 1, 1991; 57 FR 37264, Aug. 18,
1992; 59 FR 62926, Dec. 6, 1994; 61 FR 4911, Feb. 9, 1996]
Effective Date Note: At 59 FR 62926, Dec. 6, 1994, Sec. 262.34,
paragraphs (a)(1)(i), (a)(1)(ii) and (d)(2) were revised. At 60 FR
26828, May 19, 1995, the effective date was delayed to December 6, 1995;
at 60 FR 56952, Nov. 13, 1995, the effective date was delayed to June 6,
1996; and at 61 FR 28508, June 5, 1996, the effective date was further
delayed to Oct. 6, 1996. For the convenience of the reader, the
superseded material is set forth as follows:
Sec. 262.34 Accumulation time.
(a) * * *
(1) * * *
(i) In containers and the generator complies with subpart I of 40
CFR part 265; and/or
(ii) In tanks and the generator complies with subpart J of 40 CFR
part 265, except Sec. 265.197(c) and Sec. 265.200; and/or
* * * * *
(d) * * *
(2) The generator complies with the requirements of subpart I of
part 265, except Sec. 265.176;
* * * * *
Subpart D--Recordkeeping and Reporting
Sec. 262.40 Recordkeeping.
(a) A generator must keep a copy of each manifest signed in
accordance with Sec. 262.23(a) for three years or until he receives a
signed copy from the designated facility which received the
[[Page 123]]
waste. This signed copy must be retained as a record for at least three
years from the date the waste was accepted by the initial transporter.
(b) A generator must keep a copy of each Biennial Report and
Exception Report for a period of at least three years from the due date
of the report.
(c) A generator must keep records of any test results, waste
analyses, or other determinations made in accordance with Sec. 262.11
for at least three years from the date that the waste was last sent to
on-site or off-site treatment, storage, or disposal.
(d) The periods or retention referred to in this section are
extended automatically during the course of any unresolved enforcement
action regarding the regulated activity or as requested by the
Administrator.
[45 FR 33142, May 19, 1980, as amended at 48 FR 3981, Jan. 28, 1983]
Sec. 262.41 Biennial report.
(a) A generator who ships any hazardous waste off-site to a
treatment, storage or disposal facility within the United States must
prepare and submit a single copy of a Biennial Report to the Regional
Administrator by March 1 of each even numbered year. The Biennial Report
must be submitted on EPA Form 8700-13A, must cover generator activities
during the previous year, and must include the following information:
(1) The EPA identification number, name, and address of the
generator;
(2) The calendar year covered by the report;
(3) The EPA identification number, name, and address for each off-
site treatment, storage, or disposal facility in the United States to
which waste was shipped during the year;
(4) The name and EPA identification number of each transporter used
during the reporting year for shipments to a treatment, storage or
disposal facility within the United States;
(5) A description, EPA hazardous waste number (from 40 CFR part 261,
subpart C or D), DOT hazard class, and quantity of each hazardous waste
shipped off-site for shipments to a treatment, storage or disposal
facility within the United States. This information must be listed by
EPA identification number of each such off-site facility to which waste
was shipped.
(6) A description of the efforts undertaken during the year to
reduce the volume and toxicity of waste generated.
(7) A description of the changes in volume and toxicity of waste
actually achieved during the year in comparison to previous years to the
extent such information is available for years prior to 1984.
(8) The certification signed by the generator or authorized
representative.
(b) Any generator who treats, stores, or disposes of hazardous waste
on-site must submit a biennial report covering those wastes in
accordance with the provisions of 40 CFR parts 270, 264, 265, and 266.
Reporting for exports of hazardous waste is not required on the Biennial
Report form. A separate annual report requirement is set forth at 40 CFR
262.56.
[48 FR 3981, Jan. 28, 1983, as amended at 48 FR 14294, Apr. 1, 1983; 50
FR 28746, July 15, 1985; 51 FR 28682, Aug. 8, 1986]
Sec. 262.42 Exception reporting.
(a)(1) A generator of greater than 1000 kilograms of hazardous waste
in a calendar month who does not receive a copy of the manifest with the
handwritten signature of the owner or operator of the designated
facility within 35 days of the date the waste was accepted by the
initial transporter must contact the transporter and/or the owner or
operator of the designated facility to determine the status of the
hazardous waste.
(2) A generator of greater than 1000 kilograms of hazardous waste in
a calendar month must submit an Exception Report to the EPA Regional
Administrator for the Region in which the generator is located if he has
not received a copy of the manifest with the handwritten signature of
the owner or operator of the designated facility within 45 days of the
date the waste was accepted by the initial transporter. The Exception
Report must include:
(i) A legible copy of the manifest for which the generator does not
have confirmation of delivery;
[[Page 124]]
(ii) A cover letter signed by the generator or his authorized
representative explaining the efforts taken to locate the hazardous
waste and the results of those efforts.
(b) A generator of greater than 100 kilograms but less than 1000
kilograms of hazardous waste in a calendar month who does not receive a
copy of the manifest with the handwritten signature of the owner or
operator of the designated facility within 60 days of the date the waste
was accepted by the initial transporter must submit a legible copy of
the manifest, with some indication that the generator has not received
confirmation of delivery, to the EPA Regional Administrator for the
Region in which the generator is located.
Note: The submission to EPA need only be a handwritten or typed note
on the manifest itself, or on an attached sheet of paper, stating that
the return copy was not received.
[52 FR 35898, Sept. 23, 1987]
Sec. 262.43 Additional reporting.
The Administrator, as he deems necessary under sections 2002(a) and
3002(6) of the Act, may require generators to furnish additional reports
concerning the quantities and disposition of wastes identified or listed
in 40 CFR part 261.
Sec. 262.44 Special requirements for generators of between 100 and 1000 kg/mo.
A generator of greater than 100 kilograms but less than 1000
kilograms of hazardous waste in a calendar month is subject only to the
following requirements in this subpart:
(a) Section 262.40(a), (c), and (d), recordkeeping;
(b) Section 262.42(b), exception reporting; and
(c) Section 262.43, additional reporting.
[52 FR 35899, Sept. 23, 1987]
Subpart E--Exports of Hazardous Waste
Source: 51 FR 28682, Aug. 8, 1986, unless otherwise noted.
Sec. 262.50 Applicability.
This subpart establishes requirements applicable to exports of
hazardous waste. Except to the extent Sec. 262.58 provides otherwise, a
primary exporter of hazardous waste must comply with the special
requirements of this subpart and a transporter transporting hazardous
waste for export must comply with applicable requirements of part 263.
Section 262.58 sets forth the requirements of international agreements
between the United States and receiving countries which establish
different notice, export, and enforcement procedures for the
transportation, treatment, storage and disposal of hazardous waste for
shipments between the United States and those countries.
Sec. 262.51 Definitions.
In addition to the definitions set forth at 40 CFR 260.10, the
following definitions apply to this subpart:
Consignee means the ultimate treatment, storage or disposal facility
in a receiving country to which the hazardous waste will be sent.
EPA Acknowledgement of Consent means the cable sent to EPA from the
U.S. Embassy in a receiving country that acknowledges the written
consent of the receiving country to accept the hazardous waste and
describes the terms and conditions of the receiving country's consent to
the shipment.
Primary Exporter means any person who is required to originate the
manifest for a shipment of hazardous waste in accordance with 40 CFR
part 262, subpart B, or equivalent State provision, which specifies a
treatment, storage, or disposal facility in a receiving country as the
facility to which the hazardous waste will be sent and any intermediary
arranging for the export.
Receiving country means a foreign country to which a hazardous waste
is sent for the purpose of treatment, storage or disposal (except short-
term storage incidental to transportation).
Transit country means any foreign country, other than a receiving
country, through which a hazardous waste is transported.
[53 FR 27164, July 19, 1988]
[[Page 125]]
Sec. 262.52 General requirements.
Exports of hazardous waste are prohibited except in compliance with
the applicable requirements of this subpart and part 263. Exports of
hazardous waste are prohibited unless:
(a) Notification in accordance with Sec. 262.53 has been provided;
(b) The receiving country has consented to accept the hazardous
waste;
(c) A copy of the EPA Acknowledgment of Consent to the shipment
accompanies the hazardous waste shipment and, unless exported by rail,
is attached to the manifest (or shipping paper for exports by water
(bulk shipment)).
(d) The hazardous waste shipment conforms to the terms of the
receiving country's written consent as reflected in the EPA
Acknowledgment of Consent.
Sec. 262.53 Notification of intent to export.
(a) A primary exporter of hazardous waste must notify EPA of an
intended export before such waste is 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 primary exporter, and include the following information:
(1) Name, mailing address, telephone number and EPA ID number of the
primary exporter;
(2) By consignee, for each hazardous waste type:
(i) A description of the hazardous waste and the EPA hazardous waste
number (from 40 CFR part 261, subparts C and D), U.S. DOT proper
shipping name, hazard class and ID number (UN/NA) for each hazardous
waste as identified in 49 CFR parts 171 through 177;
(ii) The estimated frequency or rate at which such waste is to be
exported and the period of time over which such waste is to be exported.
(iii) The estimated total quantity of the hazardous waste in units
as specified in the instructions to the Uniform Hazardous Waste Manifest
Form (8700-22);
(iv) All points of entry to and departure from each foreign country
through which the hazardous waste will pass;
(v) A description of the means by which each shipment of the
hazardous waste will be transported (e.g., mode of transportation
vehicle (air, highway, rail, water, etc.), type(s) of container (drums,
boxes, tanks, etc.));
(vi) A description of the manner in which the hazardous waste will
be treated, stored or disposed of in the receiving country (e.g., land
or ocean incineration, other land disposal, ocean dumping, recycling);
(vii) The name and site address of the consignee and any alternate
consignee; and
(viii) The name of any transit countries through which the hazardous
waste will be sent and a description of the approximate length of time
the hazardous waste will remain in such country and the nature of its
handling while there;
(b) Notifications submitted by mail should be sent to the following
mailing address: Office of Enforcement and Compliance Assurance, Office
of Compliance, Enforcement Planning, Targeting, and Data Division
(2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC
20460. Hand-delivered notifications should be sent to: Office of
Enforcement and Compliance Assurance, Office of Compliance, Enforcement
Planning, Targeting, and Data Division (2222A), Environmental Protection
Agency, Ariel Rios Bldg., 12th St. and 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.''
(c) Except for changes to the telephone number in paragraph (a)(1)
of this section, changes to paragraph (a)(2)(v) of this section and
decreases in the quantity indicated pursuant to paragraph (a)(2)(iii) of
this section when the conditions specified on the original notification
change (including any exceedance of the estimate of the quantity of
hazardous waste specified in the original notification), the primary
exporter must provide EPA with a written renotification of the change.
The shipment cannot take place until
[[Page 126]]
consent of the receiving country to the changes (except for changes to
paragraph (a)(2)(viii) of this section and in the ports of entry to and
departure from transit countries pursuant to paragraph (a)(2)(iv) of
this section) has been obtained and the primary exporter receives an EPA
Acknowledgment of Consent reflecting the receiving country's consent to
the changes.
(d) Upon request by EPA, a primary exporter shall furnish to EPA any
additional information which a receiving country requests in order to
respond to a notification.
(e) In conjunction with the Department of State, 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) of this
section. Where a claim of confidentiality is asserted with respect to
any notification information required by paragraph (a) of this section,
EPA may find the notification not complete until any such claim is
resolved in accordance with 40 CFR 260.2.
(f) Where the receiving country consents to the receipt of the
hazardous waste, EPA will forward an EPA Acknowledgment of Consent to
the primary exporter for purposes of Sec. 262.54(h). Where the receiving
country objects to receipt of the hazardous waste or withdraws a prior
consent, EPA will notify the primary exporter in writing. EPA will also
notify the primary exporter of any responses from transit countries.
[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61
FR 16309, Apr. 12, 1996]
Effective Date Note: At 61 FR 16309, Apr. 12, 1996, Sec. 262.53(b)
was revised, effective July 11, 1996. For the convenience of the reader,
the superseded text is set forth as follows:
Sec. 262.53 Notification of intent to export.
* * * * *
(b) Notification shall be sent to the Office of Waste Programs
Enforcement, RCRA Enforcement Division (OS-520), Environmental
Protection Agency, 401 M Street SW., Washington, DC 20460 with
``Attention: Notification to Export'' prominently displayed on the front
of the envelope.
* * * * *
Sec. 262.54 Special manifest requirements.
A primary exporter must comply with the manifest requirements of 40
CFR 262.20 through 262.23 except that:
(a) In lieu of the name, site address and EPA ID number of the
designated permitted facility, the primary exporter must enter the name
and site address of the consignee;
(b) In lieu of the name, site address and EPA ID number of a
permitted alternate facility, the primary exporter may enter the name
and site address of any alternate consignee.
(c) In Special Handling Instructions and Additional Information, the
primary exporter must identify the point of departure from the United
States;
(d) The following statement must be added to the end of the first
sentence of the certification set forth in Item 16 of the Uniform
Hazardous Waste Manifest Form: ``and conforms to the terms of the
attached EPA Acknowledgment of Consent'';
(e) In lieu of the requirements of Sec. 262.21, the primary exporter
must obtain the manifest form from the primary exporter's State if that
State supplies the manifest form and requires its use. If the primary
exporter's State does not supply the manifest form, the primary exporter
may obtain a manifest form from any source.
(f) The primary exporter must require the consignee to confirm in
writing the delivery of the hazardous waste to that facility and to
describe any significant discrepancies (as defined in 40 CFR 264.72(a))
between the manifest and the shipment. A copy of the manifest signed by
such facility may be used to confirm delivery of the hazardous waste.
(g) In lieu of the requirements of Sec. 262.20(d), where a shipment
cannot be delivered for any reason to the designated or alternate
consignee, the primary exporter must:
(1) Renotify EPA of a change in the conditions of the original
notification to allow shipment to a new consignee
[[Page 127]]
in accordance with Sec. 262.53(c) and obtain an EPA Acknowledgment of
Consent prior to delivery; or
(2) Instruct the transporter to return the waste to the primary
exporter in the United States or designate another facility within the
United States; and
(3) Instruct the transporter to revise the manifest in accordance
with the primary exporter's instructions.
(h) The primary exporter must attach a copy of the EPA
Acknowledgment of Consent to the shipment to the manifest which must
accompany the hazardous waste shipment. For exports by rail or water
(bulk shipment), the primary exporter must provide the transporter with
an EPA Acknowledgment of Consent which must accompany the hazardous
waste but which need not be attached to the manifest except that for
exports by water (bulk shipment) the primary exporter must attach the
copy of the EPA Acknowledgment of Consent to the shipping paper.
(i) The primary exporter shall provide the transporter with an
additional copy of the manifest for delivery to the U.S. Customs
official at the point the hazardous waste leaves the United States in
accordance with Sec. 263.20(g)(4).
Sec. 262.55 Exception reports.
In lieu of the requirements of Sec. 262.42, a primary exporter must
file an exception report with the Administrator if:
(a) He has not received a copy of the manifest signed by the
transporter stating the date and place of departure from the United
States within forty-five (45) days from the date it was accepted by the
initial transporter;
(b) Within ninety (90) days from the date the waste was accepted by
the initial transporter, the primary exporter has not received written
confirmation from the consignee that the hazardous waste was received;
(c) The waste is returned to the United States.
Sec. 262.56 Annual reports.
(a) Primary exporters of hazardous waste shall 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 waste exported during the previous calendar year. Such reports
shall include the following:
(1) The EPA identification number, name, and mailing and site
address of the exporter;
(2) The calendar year covered by the report;
(3) The name and site address of each consignee;
(4) By consignee, for each hazardous waste exported, a description
of the hazardous waste, the EPA hazardous waste number (from 40 CFR part
261, subpart C or D), DOT hazard class, the name and US EPA ID number
(where applicable) for each transporter used, the total amount of waste
shipped and number of shipments pursuant to each notification;
(5) Except for hazardous waste produced by exporters of greater than
100 kg but less than 1000 kg in a calendar month, unless provided
pursuant to Sec. 262.41, in even numbered years:
(i) A description of the efforts undertaken during the year to
reduce the volume and toxicity of waste generated; and
(ii) A description of the changes in volume and toxicity of waste
actually achieved during the year in comparison to previous years to the
extent such information is available for years prior to 1984.
(6) A certification signed by the primary exporter 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.
(b) Annual reports submitted by mail should be sent to the following
mailing address: Office of Enforcement and Compliance Assurance, Office
of Compliance, Enforcement Planning, Targeting, and Data Division
(2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC
20460. Hand-delivered reports should be sent to: Office of Enforcement
and Compliance Assurance, Office of Compliance,
[[Page 128]]
Enforcement Planning, Targeting, and Data Division (2222A),
Environmental Protection Agency, Ariel Rios Bldg., 12th St. and
Pennsylvania Ave., NW., Washington, DC.
[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61
FR 16309, Apr. 12, 1996]
Effective Date Note: At 61 FR 16309, Apr. 12, 1996, Sec. 262.56(b)
was revised, effective July 11, 1996. For the convenience of the reader,
the superseded text is set forth as follows:
Sec. 262.56 Annual reports.
* * * * *
(b) Reports shall be sent to the following address: Office of Waste
Programs Enforcement, RCRA Enforcement Division (OS-520), Environmental
Protection Agency, 401 M Street SW., Washington, DC 20460.
Sec. 262.57 Recordkeeping.
(a) For all exports a primary exporter must:
(1) Keep a copy of each notification of intent to export for a
period of at least three years from the date the hazardous waste was
accepted by the initial transporter;
(2) Keep a copy of each EPA Acknowledgment of Consent for a period
of at least three years from the date the hazardous waste was accepted
by the initial transporter;
(3) Keep a copy of each confirmation of delivery of the hazardous
waste from the consignee for at least three years from the date the
hazardous waste was accepted by the initial transporter; and
(4) Keep a copy of each annual report for a period of at least three
years from the due date of the report.
(b) The periods of retention referred to in this section are
extended automatically during the course of any unresolved enforcement
action regarding the regulated activity or as requested by the
Administrator.
Sec. 262.58 International agreements.
(a) Any person who exports or imports hazardous waste subject to
Federal manifest requirements of Part 262, or subject to the universal
waste management standards of 40 CFR Part 273, or subject to State
requirements analogous to 40 CFR Part 273, to or from designated member
countries of the Organization for Economic Cooperation and Development
(OECD) as defined in paragraph (a)(1) of this section for purposes of
recovery is subject to Subpart H of this part. The requirements of
Subparts E and F do not apply.
(1) For the purposes of this Subpart, the designated OECD countries
consist of Australia, Austria, Belgium, Denmark, Finland, France,
Germany, Greece, Iceland, Ireland, Italy, Japan, Luxembourg,
Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland,
Turkey, United Kingdom, and the United States.
(2) For the purposes of this Subpart, Canada and Mexico are
considered OECD member countries only for the purpose of transit.
(b) Any person who exports hazardous waste to or imports hazardous
waste from: a designated OECD member country for purposes other than
recovery (e.g., incineration, disposal), Mexico (for any purpose), or
Canada (for any purpose) remains subject to the requirements of subparts
E and F of this part.
[61 FR 16310, Apr. 12, 1996]
Effective Date Note: At 61 FR 16310, Apr. 12, 1996, Sec. 262.58 was
amended by adding text to the existing heading, effective July 11, 1996.
Subpart F--Imports of Hazardous Waste
Sec. 262.60 Imports of hazardous waste.
(a) Any person who imports hazardous waste from a foreign country
into the United States must comply with the requirements of this part
and the special requirements of this subpart.
(b) When importing hazardous waste, a person must meet all the
requirements of Sec. 262.20(a) for the manifest except that:
(1) In place of the generator's name, address and EPA identification
number, the name and address of the foreign generator and the importer's
name, address and EPA identification number must be used.
(2) In place of the generator's signature on the certification
statement, the U.S. importer or his agent must
[[Page 129]]
sign and date the certification and obtain the signature of the initial
transporter.
(c) A person who imports hazardous waste must obtain the manifest
form from the consignment State if the State supplies the manifest and
requires its use. If the consignment State does not supply the manifest
form, then the manifest form may be obtained from any source.
[51 FR 28685, Aug. 8, 1986]
Subpart G--Farmers
Sec. 262.70 Farmers.
A farmer disposing of waste pesticides from his own use which are
hazardous wastes is not required to comply with the standards in this
part or other standards in 40 CFR parts 264, 265, 268, or 270 for those
wastes provided he triple rinses each emptied pesticide container in
accordance with Sec. 261.7(b)(3) and disposes of the pesticide residues
on his own farm in a manner consisent with the disposal instructions on
the pesticide label.
[53 FR 27165, July 19, 1988]
Subpart H--Transfrontier Shipments of Hazardous Waste for Recovery
within the OECD
Source: 61 FR 16310, Apr. 12, 1996, unless otherwise noted.
Effective Date Note: At 61 FR 16310, Apr. 12, 1996, Secs. 262.80--
262.89 (Subpart H) was added, effective July 11, 1996.
Sec. 262.80 Applicability.
(a) The requirements of this subpart apply to imports and exports of
wastes that are considered hazardous under U.S. national procedures and
are destined for recovery operations in the countries listed in
Sec. 262.58(a)(1). A waste is considered hazardous under U.S. national
procedures if it meets the Federal definition of hazardous waste in 40
CFR 261.3 and it is subject to either the Federal manifesting
requirements at 40 CFR Part 262, Subpart B, to the universal waste
management standards of 40 CFR Part 273, or to State requirements
analogous to 40 CFR Part 273.
(b) Any person (notifier, consignee, or recovery facility operator)
who mixes two or more wastes (including hazardous and non-hazardous
wastes) or otherwise subjects two or more wastes (including hazardous
and non-hazardous wastes) to physical or chemical transformation
operations, and thereby creates a new hazardous waste, becomes a
generator and assumes all subsequent generator duties under RCRA and any
notifier duties, if applicable, under this subpart.
Sec. 262.81 Definitions.
The following definitions apply to this subpart.
(a) Competent authorities means the regulatory authorities of
concerned countries having jurisdiction over transfrontier movements of
wastes destined for recovery operations.
(b) Concerned countries means the exporting and importing OECD
member countries and any OECD member countries of transit.
(c) Consignee means the person to whom possession or other form of
legal control of the waste is assigned at the time the waste is received
in the importing country.
(d) Country of transit means any designated OECD country in
Sec. 262.58(a)(1) and (a)(2) other than the exporting or importing
country across which a transfrontier movement of wastes is planned or
takes place.
(e) Exporting country means any designated OECD member country in
Sec. 262.58(a)(1) from which a transfrontier movement of wastes is
planned or has commenced.
(f) Importing country means any designated OECD country in
Sec. 262.58(a)(1) to which a transfrontier movement of wastes is planned
or takes place for the purpose of submitting the wastes to recovery
operations therein.
(g) Notifier means the person under the jurisdiction of the
exporting country who has, or will have at the time the planned
transfrontier movement commences, possession or other forms of legal
control of the wastes and who proposes their transfrontier movement for
the ultimate purpose of submitting them to recovery operations. When the
United States (U.S.) is the exporting
[[Page 130]]
country, notifier is interpreted to mean a person domiciled in the U.S.
(h) OECD area means all land or marine areas under the national
jurisdiction of any designated OECD member country in Sec. 262.58. When
the regulations refer to shipments to or from an OECD country, this
means OECD area.
(i) Recognized trader means a person who, with appropriate
authorization of concerned countries, acts in the role of principal to
purchase and subsequently sell wastes; this person has legal control of
such wastes from time of purchase to time of sale; such a person may act
to arrange and facilitate transfrontier movements of wastes destined for
recovery operations.
(j) Recovery facility means an entity which, under applicable
domestic law, is operating or is authorized to operate in the importing
country to receive wastes and to perform recovery operations on them.
(k) Recovery operations means activities leading to resource
recovery, recycling, reclamation, direct re-use or alternative uses as
listed in Table 2.B of the Annex of OECD Council Decision C(88)90(Final)
of 27 May 1988, (available from the Environmental Protection Agency,
RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first
floor, Arlington, VA 22203 (Docket # F-94-IEHF-FFFFF) and the
Organisation for Economic Co-operation and Development, Environment
Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France) which
include:
R1 Use as a fuel (other than in direct incineration) or other means to
generate energy
R2 Solvent reclamation/regeneration
R3 Recycling/reclamation of organic substances which are not used as
solvents
R4 Recycling/reclamation of metals and metal compounds
R5 Recycling/reclamation of other inorganic materials
R6 Regeneration of acids or bases
R7 Recovery of components used for pollution control
R8 Recovery of components from catalysts
R9 Used oil re-refining or other reuses of previously used oil
R10 Land treatment resulting in benefit to agriculture or ecological
improvement
R11 Uses of residual materials obtained from any of the operations
numbered R1-R10
R12 Exchange of wastes for submission to any of the operations numbered
R1-R11
R13 Accumulation of material intended for any operation in Table 2.B
(l) Transfrontier movement means any shipment of wastes destined for
recovery operations from an area under the national jurisdiction of one
OECD member country to an area under the national jurisdiction of
another OECD member country.
Sec. 262.82 General conditions.
(a) Scope. The level of control for exports and imports of waste is
indicated by assignment of the waste to a green, amber, or red list and
by U.S. national procedures as defined in Sec. 262.80(a). The green,
amber, and red lists are incorporated by reference in Sec. 262.89 (e).
(1) Wastes on the green list are subject to existing controls
normally applied to commercial transactions, except as provided below:
(i) Green-list wastes that are considered hazardous under U.S.
national procedures are subject to amber-list controls.
(ii) Green-list waste that are sufficiently contaminated or mixed
with amber-list wastes, such that the waste or waste mixture is
considered hazardous under U.S. national procedures, are subject to
amber-list controls.
(iii) Green-list wastes that are sufficiently contaminated or mixed
with other wastes subject to red-list controls such that the waste or
waste mixture is considered hazardous under U.S. national procedures
must be handled in accordance with the red-list controls.
(2) Wastes on the amber list that are considered hazardous under
U.S. national procedures as defined in Sec. 262.80(a) are subject to the
amber-list controls of this Subpart.
(i) If amber-list wastes are sufficiently contaminated or mixed with
other wastes subject to red-list controls such that the waste or waste
mixture is considered hazardous under U.S.
[[Page 131]]
national procedures, the wastes must be handled in accordance with the
red-list controls.
(ii) [Reserved].
(3) Wastes on the red list that are considered hazardous under U.S.
national procedures as defined in Sec. 262.80(a) are subject to the red-
list controls of this subpart.
Note to paragraph (a)(3): Some wastes on the amber or red lists are
not listed or otherwise identified as hazardous under RCRA (e.g.,
polychlorinated biphenyls) and therefore are not subject to the amber-
or red-list controls of this subpart. Regardless of the status of the
waste under RCRA, however, other Federal environmental statutes (e.g.,
the Toxic Substances Control Act) may restrict certain waste imports or
exports. Such restrictions continue to apply without regard to this
Subpart.
(4) Wastes not yet assigned to a list are eligible for transfrontier
movements, as follows:
(i) If such wastes are considered hazardous under U.S. national
procedures as defined in Sec. 262.80(a), these wastes are subject to the
red-list controls; or
(ii) If such wastes are not considered hazardous under U.S. national
procedures as defined in Sec. 262.80(a), such wastes may move as though
they appeared on the green list.
(b) General conditions applicable to transfrontier movements of
hazardous waste.
(1) The waste must be destined for recovery operations at a facility
that, under applicable domestic law, is operating or is authorized to
operate in the importing country;
(2) The transfrontier movement must be in compliance with applicable
international transport agreements; and
Note to paragraph (b)(2): These international agreements include,
but are not limited to, the Chicago Convention (1944), ADR (1957), ADNR
(1970), MARPOL Convention (1973/1978), SOLAS Convention (1974), IMDG
Code (1985), COTIF (1985), and RID (1985).
(3) Any transit of waste through a non-OECD member country must be
conducted in compliance with all applicable international and national
laws and regulations.
(c) Provisions relating to re-export for recovery to a third
country.
(1) Re-export of wastes subject to the amber-list control system
from the U.S., as the importing country, to a third country listed in
Sec. 262.58(a)(1) may occur only after a notifier in the U.S. provides
notification to and obtains consent of the competent authorities in the
third country, the original exporting country, and new transit
countries. The notification must comply with the notice and consent
procedures in Sec. 262.83 for all concerned countries and the original
exporting country. The competent authorities of the original exporting
country as well as the competent authorities of all other concerned
countries have 30 days to object to the proposed movement.
(i) The 30-day period begins once the competent authorities of both
the initial exporting country and new importing country issue
Acknowledgements of Receipt of the notification.
(ii) The transfrontier movement may commence if no objection has
been lodged after the 30-day period has passed or immediately after
written consent is received from all relevant OECD importing and transit
countries.
(2) Re-export of waste subject to the red-list control system from
the original importing country to a third country listed in
Sec. 262.58(a)(1) may occur only following notification of the competent
authorities of the third country, the original exporting country, and
new transit countries by a notifier in the original importing country in
accordance with Sec. 262.83. The transfrontier movement may not proceed
until receipt by the original importing country of written consent from
the competent authorities of the third country, the original exporting
country, and new transit countries.
(3) In the case of re-export of amber or red-list wastes to a
country other than those in Sec. 262.58(a)(1), notification to and
consent of the competent authorities of the original OECD member country
of export and any OECD member countries of transit is required as
specified in paragraphs (c)(1) and (c)(2) of this section in addition to
compliance with all international agreements and arrangements to which
the first importing OECD member country is a
[[Page 132]]
party and all applicable regulatory requirements for exports from the
first importing country.
Sec. 262.83 Notification and consent.
(a) Applicability. Consent must be obtained from the competent
authorities of the relevant OECD importing and transit countries prior
to exporting hazardous waste destined for recovery operations subject to
this Subpart. Hazardous wastes subject to amber-list controls are
subject to the requirements of paragraph (b) of this section; hazardous
wastes subject to red-list controls are subject to the requirements of
paragraph (c) of this section; and wastes not identified on any list are
subject to the requirements of paragraph (d) of this section.
(b) Amber-list wastes. The export from the U.S. of hazardous wastes
as described in Sec. 262.80(a) that appear on the amber list is
prohibited unless the notification and consent requirements of paragraph
(b)(1) or paragraph (b)(2) of this section are met.
(1) Transactions requiring specific consent:
(i) Notification. At least 45 days prior to commencement of the
transfrontier movement, the notifier must provide written notification
in English of the proposed transfrontier movement to the Office of
Enforcement and Compliance Assurance, Office of Compliance, Enforcement
Planning, Targeting and Data Division (2222A), Environmental Protection
Agency, 401 M St., SW., Washington, DC 20460, with the words
``Attention: OECD Export Notification'' prominently displayed on the
envelope. This notification must include all of the information
identified in paragraph (e) of this section. In cases where wastes
having similar physical and chemical characteristics, the same United
Nations classification, and the same RCRA waste codes are to be sent
periodically to the same recovery facility by the same notifier, the
notifier may submit one notification of intent to export these wastes in
multiple shipments during a period of up to one year.
(ii) Tacit consent. If no objection has been lodged by any concerned
country (i.e., exporting, importing, or transit countries) to a
notification provided pursuant to paragraph (b)(1)(i) of this section
within 30 days after the date of issuance of the Acknowledgment of
Receipt of notification by the competent authority of the importing
country, the transfrontier movement may commence. Tacit consent expires
one calendar year after the close of the 30 day period; renotification
and renewal of all consents is required for exports after that date.
(iii) Written consent. If the competent authorities of all the
relevant OECD importing and transit countries provide written consent in
a period less than 30 days, the transfrontier movement may commence
immediately after all necessary consents are received. Written consent
expires for each relevant OECD importing and transit country one
calendar year after the date of that country's consent unless otherwise
specified; renotification and renewal of each expired consent is
required for exports after that date.
(2) Shipments to facilities pre-approved by the competent
authorities of the importing countries to accept specific wastes for
recovery:
(i) The notifier must provide EPA the information identified in
paragraph (e) of this section in English, at least 10 days in advance of
commencing shipment to a pre-approved facility. The notification should
indicate that the recovery facility is pre-approved, and may apply to a
single specific shipment or to multiple shipments as described in
paragraph (b)(1)(i) of this section. This information must be sent to
the Office of Enforcement and Compliance Assurance, Office of
Compliance, Enforcement Planning, Targeting and Data Division (2222A),
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460,
with the words ``OECD Export Notification--Pre-approved Facility''
prominently displayed on the envelope.
(ii) Shipments may commence after the notification required in
paragraph (b)(1)(i) of this section has been received by the competent
authorities of all concerned countries, unless the notifier has received
information indicating that the competent authorities of one or more
concerned countries objects to the shipment.
[[Page 133]]
(c) Red-list wastes. The export from the U.S. of hazardous wastes as
described in Sec. 262.80(a) that appear on the red list is prohibited
unless notice is given pursuant to paragraph (b)(1)(i) of this section
and the notifier receives written consent from the importing country and
any transit countries prior to commencement of the transfrontier
movement.
(d) Unlisted wastes. Wastes not assigned to the green, amber, or red
list that are considered hazardous under U.S. national procedures as
defined in Sec. 262.80(a) are subject to the notification and consent
requirements established for red-list wastes in accordance with
paragraph (c) of this section. Unlisted wastes that are not considered
hazardous under U.S. national procedures as defined in Sec. 262.80(a)
are not subject to amber or red controls when exported or imported.
(e) Notification information. Notifications submitted under this
section must include:
(1) Serial number or other accepted identifier of the notification
form;
(2) Notifier name and EPA identification number (if applicable),
address, and telephone and telefax numbers;
(3) Importing recovery facility name, address, telephone and telefax
numbers, and technologies employed;
(4) Consignee name (if not the owner or operator of the recovery
facility) address, and telephone and telefax numbers; whether the
consignee will engage in waste exchange or storage prior to delivering
the waste to the final recovery facility and identification of recovery
operations to be employed at the final recovery facility;
(5) Intended transporters and/or their agents;
(6) Country of export and relevant competent authority, and point of
departure;
(7) Countries of transit and relevant competent authorities and
points of entry and departure;
(8) Country of import and relevant competent authority, and point of
entry;
(9) Statement of whether the notification is a single notification
or a general notification. If general, include period of validity
requested;
(10) Date foreseen for commencement of transfrontier movement;
(11) Designation of waste type(s) from the appropriate list (amber
or red and waste list code), descriptions of each waste type, estimated
total quantity of each, RCRA waste code, and United Nations number for
each waste type; and
(12) Certification/Declaration signed by the notifier that states:
I certify that the above information is complete and correct to the
best of my knowledge. I also certify that legally-enforceable written
contractual obligations have been entered into, and that any applicable
insurance or other financial guarantees are or shall be in force
covering the transfrontier movement.
Name:___________________________________________________________________
Signature:______________________________________________________________
Date:___________________________________________________________________
Note to paragraph (e)(12): The U.S. does not currently require
financial assurance; however, U.S. exporters may be asked by other
governments to provide and certify to such assurance as a condition of
obtaining consent to a proposed movement.
Sec. 262.84 Tracking document.
(a) All U.S. parties subject to the contract provisions of
Sec. 262.85 must ensure that a tracking document meeting the conditions
of Sec. 262.84(b) accompanies each transfrontier shipment of wastes
subject to amber-list or red-list controls from the initiation of the
shipment until it reaches the final recovery facility, including cases
in which the waste is stored and/or exchanged by the consignee prior to
shipment to the final recovery facility, except as provided in
Secs. 262.84(a)(1) and (2).
(1) For shipments of hazardous waste within the U.S. solely by water
(bulk shipments only) the generator must forward the tracking document
with the manifest to the last water (bulk shipment) transporter to
handle the waste in the U.S. if exported by water, (in accordance with
the manifest routing procedures at Sec. 262.23(c)).
(2) For rail shipments of hazardous waste within the U.S. which
originate at the site of generation, the generator must forward the
tracking document with the manifest (in accordance with the routing
procedures for the manifest
[[Page 134]]
in Sec. 262.23(d)) to the next non-rail transporter, if any, or the last
rail transporter to handle the waste in the U.S. if exported by rail.
(b) The tracking document must include all information required
under Sec. 262.83 (for notification), and the following:
(1) Date shipment commenced.
(2) Name (if not notifier), address, and telephone and telefax
numbers of primary exporter.
(3) Company name and EPA ID number of all transporters.
(4) Identification (license, registered name or registration number)
of means of transport, including types of packaging.
(5) Any special precautions to be taken by transporters.
(6) Certification/declaration signed by notifier that no objection
to the shipment has been lodged as follows:
I certify that the above information is complete and correct to the
best of my knowledge. I also certify that legally-enforceable written
contractual obligations have been entered into, that any applicable
insurance or other financial guarantees are or shall be in force
covering the transfrontier movement, and that:
1. All necessary consents have been received; OR
2. The shipment is directed at a recovery facility within the OECD
area and no objection has been received from any of the concerned
countries within the 30 day tacit consent period; OR
3. The shipment is directed at a recovery facility pre-authorized
for that type of waste within the OECD area; such an authorization has
not been revoked, and no objection has been received from any of the
concerned countries.
(delete sentences that are not applicable)
Name:___________________________________________________________________
Signature:______________________________________________________________
Date:___________________________________________________________________
(7) Appropriate signatures for each custody transfer (e.g.
transporter, consignee, and owner or operator of the recovery facility).
(c) Notifiers also must comply with the special manifest
requirements of 40 CFR 262.54(a), (b), (c), (e), and (i) and consignees
must comply with the import requirements of 40 CFR part 262, subpart F.
(d) Each U.S. person that has physical custody of the waste from the
time the movement commences until it arrives at the recovery facility
must sign the tracking document (e.g. transporter, consignee, and owner
or operator of the recovery facility).
(e) Within 3 working days of the receipt of imports subject to this
Subpart, the owner or operator of the U.S. recovery facility must send
signed copies of the tracking document to the notifier, to the Office of
Enforcement and Compliance Assurance, Office of Compliance, Enforcement
Planning, Targeting and Data Division (2222A), Environmental Protection
Agency, 401 M St., SW., Washington, DC 20460, and to the competent
authorities of the exporting and transit countries.
Sec. 262.85 Contracts.
(a) Transfrontier movements of hazardous wastes subject to amber or
red control procedures are prohibited unless they occur under the terms
of a valid written contract, chain of contracts, or equivalent
arrangements (when the movement occurs between parties controlled by the
same corporate or legal entity). Such contracts or equivalent
arrangements must be executed by the notifier and the owner or operator
of the recovery facility, and must specify responsibilities for each.
Contracts or equivalent arrangements are valid for the purposes of this
section only if persons assuming obligations under the contracts or
equivalent arrangements have appropriate legal status to conduct the
operations specified in the contract or equivalent arrangement.
(b) Contracts or equivalent arrangements must specify the name and
EPA ID number, where available, of:
(1) The generator of each type of waste;
(2) Each person who will have physical custody of the wastes;
(3) Each person who will have legal control of the wastes; and
(4) The recovery facility.
(c) Contracts or equivalent arrangements must specify which party to
the contract will assume responsibility for alternate management of the
wastes if its disposition cannot be carried out as described in the
notification of intent to export. In such cases, contracts must specify
that:
[[Page 135]]
(1) The person having actual possession or physical control over the
wastes will immediately inform the notifier and the competent
authorities of the exporting and importing countries and, if the wastes
are located in a country of transit, the competent authorities of that
country; and
(2) The person specified in the contract will assume responsibility
for the adequate management of the wastes in compliance with applicable
laws and regulations including, if necessary, arranging their return to
the original country of export.
(d) Contracts must specify that the consignee will provide the
notification required in Sec. 262.82(c) prior to re-export of controlled
wastes to a third country.
(e) Contracts or equivalent arrangements must include provisions for
financial guarantees, if required by the competent authorities of any
concerned country, in accordance with applicable national or
international law requirements.
Note to paragraph (e): Financial guarantees so required are intended
to provide for alternate recycling, disposal or other means of sound
management of the wastes in cases where arrangements for the shipment
and the recovery operations cannot be carried out as foreseen. The U.S.
does not require such financial guarantees at this time; however, some
OECD countries do. It is the responsibility of the notifier to ascertain
and comply with such requirements; in some cases, transporters or
consignees may refuse to enter into the necessary contracts absent
specific references or certifications to financial guarantees.
(f) Contracts or equivalent arrangements must contain provisions
requiring each contracting party to comply with all applicable
requirements of this subpart.
(g) Upon request by EPA, U.S. notifiers, consignees, or recovery
facilities must submit to EPA copies of contracts, chain of contracts,
or equivalent arrangements (when the movement occurs between parties
controlled by the same corporate or legal entity). Information contained
in the contracts or equivalent arrangements for which a claim of
confidentiality is asserted accordance with 40 CFR 2.203(b) will be
treated as confidential and will be disclosed by EPA only as provided in
40 CFR 260.2.
Note to paragraph (g): Although the U.S. does not require routine
submission of contracts at this time, OECD Council Decision C(92)39/
FINAL allows members to impose such requirements. When other OECD
countries require submission of partial or complete copies of the
contract as a condition to granting consent to proposed movements, EPA
will request the required information; absent submission of such
information, some OECD countries may deny consent for the proposed
movement.
Sec. 262.86 Provisions relating to recognized traders.
(a) A recognized trader who takes physical custody of a waste and
conducts recovery operations (including storage prior to recovery) is
acting as the owner or operator of a recovery facility and must be so
authorized in accordance with all applicable Federal laws.
(b) A recognized trader acting as a notifier or consignee for
transfrontier shipments of waste must comply with all the requirements
of this Subpart associated with being a notifier or consignee.
Sec. 262.87 Reporting and recordkeeping.
(a) Annual reports. For all waste movements subject to this Subpart,
persons (e.g., notifiers, recognized traders) who meet the definition of
primary exporter in Sec. 262.51 shall file an annual report with the
Office of Enforcement and Compliance Assurance, Office of Compliance,
Enforcement Planning, Targeting and Data Division (2222A), Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460, no later than
March 1 of each year summarizing the types, quantities, frequency, and
ultimate destination of all such hazardous waste exported during the
previous calendar year. (If the primary exporter is required to file an
annual report for waste exports that are not covered under this Subpart,
he may include all export information in one report provided the
following information on exports of waste destined for recovery within
the designated OECD member countries is contained in a separate
section). Such reports shall include the following:
(1) The EPA identification number, name, and mailing and site
address of the notifier filing the report;
[[Page 136]]
(2) The calendar year covered by the report;
(3) The name and site address of each final recovery facility;
(4) By final recovery facility, for each hazardous waste exported, a
description of the hazardous waste, the EPA hazardous waste number (from
40 CFR part 261, subpart C or D), designation of waste type(s) from OECD
waste list and applicable waste code from the OECD lists, DOT hazard
class, the name and U.S. EPA identification number (where applicable)
for each transporter used, the total amount of hazardous waste shipped
pursuant to this Subpart, and number of shipments pursuant to each
notification;
(5) In even numbered years, for each hazardous waste exported,
except for hazardous waste produced by exporters of greater than 100kg
but less than 1000kg in a calendar month, and except for hazardous waste
for which information was already provided pursuant to Sec. 262.41:
(i) A description of the efforts undertaken during the year to
reduce the volume and toxicity of waste generated; and
(ii) A description of the changes in volume and toxicity of the
waste actually achieved during the year in comparison to previous years
to the extent such information is available for years prior to 1984; and
(6) A certification signed by the person acting as primary exporter
that 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.
(b) Exception reports. Any person who meets the definition of
primary exporter in Sec. 262.51 must file an exception report in lieu of
the requirements of Sec. 262.42 with the Administrator if any of the
following occurs:
(1) He has not received a copy of the tracking documentation signed
by the transporter stating point of departure of the waste from the
United States, within forty-five (45) days from the date it was accepted
by the initial transporter;
(2) Within ninety (90) days from the date the waste was accepted by
the initial transporter, the notifier has not received written
confirmation from the recovery facility that the hazardous waste was
received;
(3) The waste is returned to the United States.
(c) Recordkeeping. (1) Persons who meet the definition of primary
exporter in Sec. 262.51 shall keep the following records:
(i) A copy of each notification of intent to export and all written
consents obtained from the competent authorities of concerned countries
for a period of at least three years from the date the hazardous waste
was accepted by the initial transporter;
(ii) A copy of each annual report for a period of at least three
years from the due date of the report; and
(iii) A copy of any exception reports and a copy of each
confirmation of delivery (i.e., tracking documentation) sent by the
recovery facility to the notifier for at least three years from the date
the hazardous waste was accepted by the initial transporter or received
by the recovery facility, whichever is applicable.
(2) The periods of retention referred to in this section are
extended automatically during the course of any unresolved enforcement
action regarding the regulated activity or as requested by the
Administrator.
Sec. 262.88 Pre-approval for U.S. Recovery Facilities (Reserved).
Sec. 262.89 OECD Waste Lists.
(a) General. For the purposes of this Subpart, a waste is considered
hazardous under U.S. national procedures, and hence subject to this
Subpart, if the waste:
(1) Meets the Federal definition of hazardous waste in 40 CFR 261.3;
and
(2) Is subject to either the Federal RCRA manifesting requirements
at 40 CFR part 262, subpart B, to the universal waste management
standards of 40 CFR part 273, or to State requirements analogous to 40
CFR part 273.
[[Page 137]]
(b) If a waste is hazardous under paragraph (a) of this section and
it appears on the amber or red list, it is subject to amber- or red-list
requirements respectively;
(c) If a waste is hazardous under paragraph (a) of this section and
it does not appear on either amber or red lists, it is subject to red-
list requirements.
(d) The appropriate control procedures for hazardous wastes and
hazardous waste mixtures are addressed in Sec. 262.82.
(e) The 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) are incorporated
by reference. These incorporations by reference were approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51 on July 11, 1996. These materials are incorporated as they
exist on the date of the approval and a notice of any change in these
materials will be published in the Federal Register. The materials are
available for inspection at: the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC; the U.S.
Environmental Protection Agency, RCRA Information Center (RIC), 1235
Jefferson-Davis Highway, first floor, Arlington, VA 22203 (Docket # F-
94-IEHF-FFFFF) and may be obtained from the Organisation for Economic
Co-operation and Development, Environment Direcorate, 2 rue Andre
Pascal, 75775 Paris Cedex 16, France.
Appendix to Part 262--Uniform Hazardous Waste Manifest and Instructions
(EPA Forms 8700-22 and 8700-22A and Their Instructions)
U.S. EPA Form 8700-22
Read all instructions before completing this form.
This form has been designed for use on a 12-pitch (elite)
typerwriter; a firm point pen may also be used--press down hard.
Federal regulations require generators and transporters of hazardous
waste and owners or operators of hazardous waste treatment, storage, and
disposal facilities to use this form (8700-22) and, if necessary, the
continuation sheet (Form 8700-22A) for both inter and intrastate
transportation.
Federal regulations also require generators and transporters of
hazardous waste and owners or operators of hazardous waste treatment,
storage and disposal facilities to complete the following information:
* * * * *
[[Page 138]]
[GRAPHIC] [TIFF OMITTED] TC01AU92.004
[[Page 139]]
The following statement must be included with each Uniform Hazardous
Waste Manifest, either on the form, in the instructions to the form, or
accompanying the form:
Public reporting burden for this collection of information is
estimated to average: 37 minutes for generators, 15 minutes for
transporters, and 10 minutes for treatment, storage and disposal
facilities. This includes time for reviewing instructions, gathering
data, and completing and reviewing the form. Send comments regarding the
burden estimate, including suggestions for reducing this burden, to:
Chief, Information Policy Branch, PM-223, U.S. Environmental Protection
Agency, 401 M Street SW., Washington, DC 20460; and to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20503.
GENERATORS
Item 1. Generator's U.S. EPA ID Number--Manifest Document Number
Enter the generator's U.S. EPA twelve digit identification number
and the unique five digit number assigned to this Manifest (e.g., 00001)
by the generator.
Item 2. Page 1 of ----
Enter the total number of pages used to complete this Manifest,
i.e., the first page (EPA Form 8700-22) plus the number of Continuation
Sheets (EPA Form 8700-22A), if any.
Item 3. Generator's Name and Mailing Address
Enter the name and mailing address of the generator. The address
should be the location that will manage the returned Manifest forms.
Item 4. Generator's Phone Number
Enter a telephone number where an authorized agent of the generator
may be reached in the event of an emergency.
Item 5. Transporter 1 Company Name
Enter the company name of the first transporter who will transport
the waste.
Item 6. U.S. EPA ID Number
Enter the U.S. EPA twelve digit identification number of the first
transporter identified in item 5.
Item 7. Transporter 2 Company Name
If applicable, enter the company name of the second transporter who
will transport the waste. If more than two transporters are used to
transport the waste, use a Continuation Sheet(s) (EPA Form 8700-22A) and
list the transporters in the order they will be transporting the waste.
Item 8. U.S. EPA ID Number
If applicable, enter the U.S. EPA twelve digit identification number
of the second transporter identified in item 7.
Note: If more than two transporters are used, enter each additional
transporter's company name and U.S. EPA twelve digit identification
number in items 24-27 on the Continuation Sheet (EPA Form 8700-22A).
Each Continuation Sheet has space to record two additional transporters.
Every transporter used between the generator and the designated facility
must be listed.
Item 9. Designated Facility Name and Site Address
Enter the company name and site address of the facility designated
to receive the waste listed on this Manifest. The address must be the
site address, which may differ from the company mailing address.
Item 10. U.S. EPA ID Number
Enter the U.S. EPA twelve digit identification number of the
designated facility identified in item 9.
Item 11. U.S. DOT Description [Including Proper Shipping Name, Hazard
Class, and ID Number (UN/NA)]
Enter the U.S. DOT Proper Shipping Name, Hazard Class, and ID Number
(UN/NA) for each waste as identified in 49 CFR 171 through 177.
Note: If additional space is needed for waste descriptions, enter
these additional descriptions in item 28 on the Continuation Sheet (EPA
Form 8700-22A).
Item 12. Containers (No. and Type)
Enter the number of containers for each waste and the appropriate
abbreviation from Table I (below) for the type of container.
Table I--Types of Containers
DM=Metal drums, barrels, kegs
DW=Wooden drums, barrels, kegs
DF=Fiberboard or plastic drums, barrels, kegs
TP=Tanks portable
TT=Cargo tanks (tank trucks)
TC=Tank cars
DT=Dump truck
CY=Cylinders
CM=Metal boxes, cartons, cases (including roll-offs)
CW=Wooden boxes, cartons, cases
CF=Fiber or plastic boxes, cartons, cases
BA=Burlap, cloth, paper or plastic bags
[[Page 140]]
Item 13. Total Quantity
Enter the total quantity of waste described on each line.
Item 14. Unit (Wt./Vol.)
Enter the appropriate abbreviation from Table II (below) for the
unit of measure.
Table II--Units of Measure
G=Gallons (liquids only)
P=Pounds
T=Tons (2000 lbs)
Y=Cubic yards
L=Liters (liquids only)
K=Kilograms
M=Metric tons (1000 kg)
N=Cubic meters
Item 15. Special Handling Instructions and Additional Information
Generators may use this space to indicate special transportation,
treatment, storage, or disposal information or Bill of Lading
information. States may not require additional, new, or different
information in this space. For international shipments, generators must
enter in this space the point of departure (City and State) for those
shipments destined for treatment, storage, or disposal outside the
jurisdiction of the United States.
Item 16. Generator's Certification
The generator must read, sign (by hand), and date the certification
statement. If a mode other than highway is used, the word ``highway''
should be lined out and the appropriate mode (rail, water, or air)
inserted in the space below. If another mode in addition to the highway
mode is used, enter the appropriate additional mode (e.g., and rail) in
the space below.
Primary exporters shipping hazardous wastes to a facility located
outside of the United States must add to the end of the first sentence
of the certification the following words ``and conforms to the terms of
the EPA Acknowledgment of Consent to the shipment.''
In signing the waste minimization certification statement, those
generators who have not been exempted by statute or regulation from the
duty to make a waste minimization certification under section 3002(b) of
RCRA are also certifying that they have complied with the waste
minimization requirements.
Generators may preprint the words, ``On behalf of'' in the signature
block or may hand write this statement in the signature block prior to
signing the generator certifications.
Note: All of the above information except the handwritten signature
required in item 16 may be preprinted.
* * * * *
TRANSPORTERS
Item 17. Transporter 1 Acknowledgement of Receipt of Materials
Enter the name of the person accepting the waste on behalf of the
first transporter. That person must acknowledge acceptance of the waste
described on the Manifest by signing and entering the date of receipt.
Item 18. Transporter 2 Acknowledgement of Receipt of Materials
Enter, if applicable, the name of the person accepting the waste on
behalf of the second transporter. That person must acknowledge
acceptance of the waste described on the Manifest by signing and
entering the date of receipt.
Note: International Shipments--Transporter Responsibilities.
Exports--Transporters must sign and enter the date the waste left the
United States in item 15 of Form 8700-22.
Imports--Shipments of hazardous waste regulated by RCRA and transported
into the United States from another country must upon entry be
accompanied by the U.S. EPA Uniform Hazardous Waste Manifest.
Transporters who transport hazardous waste into the United States from
another country are responsible for completing the Manifest (40 CFR
263.10(c)(1)).
Owners and Operators of Treatment, Storage, or Disposal Facilities
Item 19. Discrepancy Indication Space
The authorized representative of the designated (or alternate)
facility's owner or operator must note in this space any significant
discrepancy between the waste described on the Manifest and the waste
actually received at the facility.
Owners and operators of facilities located in unauthorized States
(i.e., the U.S. EPA administers the hazardous waste management program)
who cannot resolve significant discrepancies within 15 days of receiving
the waste must submit to their Regional Administrator (see list below) a
letter with a copy of the Manifest at issue describing the discrepancy
and attempts to reconcile it (40 CFR 264.72 and 265.72).
Owners and operators of facilities located in authorized States
(i.e., those States that have received authorization from the U.S. EPA
to administer the hazardous waste program) should contact their State
agency for
[[Page 141]]
information on State Discrepancy Report requirements.
EPA Regional Administrators
Regional Administrator, U.S. EPA Region I, J.F. Kennedy Fed. Bldg.,
Boston, MA 02203
Regional Administrator, U.S. EPA Region II, 26 Federal Plaza, New York,
NY 10278
Regional Administrator, U.S. EPA Region III, 6th and Walnut Sts.,
Philadelphia, PA 19106
Regional Administrator, U.S. EPA Region IV, 345 Courtland St., NE.,
Atlanta, GA 30365
Regional Administrator, U.S. EPA Region V, 230 S. Dearborn St., Chicago,
IL 60604
Regional Administrator, U.S. EPA Region VI, 1201 Elm Street, Dallas, TX
75270
Regional Administrator, U.S. EPA Region VII, 324 East 11th Street,
Kansas City, MO 64106
Regional Administrator, U.S. EPA Region VIII, 1860 Lincoln Street,
Denver, CO 80295
Regional Administrator, U.S. EPA Region IX, 215 Freemont Street, San
Francisco, CA 94105
Regional Administrator, U.S. EPA Region X, 1200 Sixth Avenue, Seattle,
WA 98101
Item 20. Facility Owner or Operator: Certification of Receipt of
Hazardous Materials Covered by This Manifest Except as Noted in Item 19
Print or type the name of the person accepting the waste on behalf
of the owner or operator of the facility. That person must acknowledge
acceptance of the waste described on the Manifest by signing and
entering the date of receipt.
Items A-K are not required by Federal regulations for intra- or
interstate transportation. However, States may require generators and
owners or operators of treatment, storage, or disposal facilities to
complete some or all of items A-K as part of State manifest reporting
requirements. Generators and owners and operators of treatment, storage,
or disposal facilities are advised to contact State officials for
guidance on completing the shaded areas of the Manifest.
[[Page 142]]
[GRAPHIC] [TIFF OMITTED] TC01AU92.005
[[Page 143]]
Instructions--Continuation Sheet, U.S. EPA Form 8700-22A
Read all instructions before completing this form.
This form has been designed for use on a 12-pitch (elite)
typewriter; a firm point pen may also be used--press down hard.
This form must be used as a continuation sheet to U.S. EPA Form
8700-22 if:
More than two transporters are to be used to transport the
waste;
More space is required for the U.S. DOT description and related
information in Item 11 of U.S. EPA Form 8700-22.
Federal regulations require generators and transporters of hazardous
waste and owners or operators of hazardous waste treatment, storage, or
disposal facilities to use the uniform hazardous waste manifest (EPA
Form 8700-22) and, if necessary, this continuation sheet (EPA Form 8700-
22A) for both inter- and intrastate transportation.
GENERATORS
Item 21. Generator's U.S. EPA ID Number--Manifest Document Number
Enter the generator's U.S. EPA twelve digit identification number
and the unique five digit number assigned to this Manifest (e.g., 00001)
as it appears in item 1 on the first page of the Manifest.
Item 22. Page ----
Enter the page number of this Continuation Sheet.
Item 23. Generator's Name
Enter the generator's name as it appears in item 3 on the first page
of the Manifest.
Item 24. Transporter ---- Company Name
If additional transporters are used to transport the waste described
on this Manifest, enter the company name of each additional transporter
in the order in which they will transport the waste. Enter after the
word ``Transporter'' the order of the transporter. For example,
Transporter 3 Company Name. Each Continuation Sheet will record the
names of two additional transporters.
Item 25. U.S. EPA ID Number
Enter the U.S. EPA twelve digit identification number of the
transporter described in item 24.
Item 26. Transporter ---- Company Name
If additional transporters are used to transport the waste described
on this Manifest, enter the company name of each additional transporter
in the order in which they will transport the waste. Enter after the
word ``Transporter'' the order of the transporter. For example,
Transporter 4 Company Name. Each Continuation Sheet will record the
names of two additional transporters.
Item 27. U.S. EPA ID Number
Enter the U.S. EPA twelve digit identification number of the
transporter described in item 26.
Item 28. U.S. DOT Description Including Proper Shipping Name, Hazardous
Class, and ID Number (UN/NA)
Refer to item 11.
Item 29. Containers (No. and Type)
Refer to item 12.
Item 30. Total Quantity
Refer to item 13.
Item 31. Unit (Wt./Vol.)
Refer to item 14.
Item 32. Special Handling Instructions
Generators may use this space to indicate special transportation,
treatment, storage, or disposal information or Bill of Lading
information. States are not authorized to require additional, new, or
different information in this space.
* * * * *
TRANSPORTERS
Item 33. Transporter ---- Acknowledgement of Receipt of Materials
Enter the same number of the Transporter as identified in item 24.
Enter also the name of the person accepting the waste on behalf of the
Transporter (Company Name) identified in item 24. That person must
acknowledge acceptance of the waste described on the Manifest by signing
and entering the date of receipt.
Item 34. Transporter ---- Acknowledgement of Receipt of Materials
Enter the same number as identified in item 26. Enter also the name
of the person accepting the waste on behalf of the Transporter (Company
Name) identified in item 26. That person must acknowledge acceptance of
the waste described on the Manifest by signing and entering the date of
receipt.
* * * * *
OWNERS AND OPERATORS OF TREATMENT, STORAGE, OR DISPOSAL FACILITIES
Item 35. Discrepancy Indication Space
Refer to item 19.
[[Page 144]]
Items L-R are not required by Federal regulations for intra- or
interstate transportation. However, States may require generators and
owners or operators of treatment, storage, or disposal facilities to
complete some or all of items L-R as part of State manifest reporting
requirements. Generators and owners and operators of treatment, storage,
or disposal facilities are advised to contact State officials for
guidance on completing the shaded areas of the manifest.
[49 FR 10501, Mar. 20, 1984, as amended at 51 FR 28685, Aug. 8, 1986; 51
FR 35192, Oct. 1, 1986; 53 FR 45091, Nov. 8, 1988]
PART 263--STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE--Table of Contents
Subpart A--General
Sec.
263.10 Scope.
263.11 EPA identification number.
263.12 Transfer facility requirements.
Subpart B--Compliance With the Manifest System and Recordkeeping
263.20 The manifest system.
263.21 Compliance with the manifest.
263.22 Recordkeeping.
Subpart C--Hazardous Waste Discharges
263.30 Immediate action.
263.31 Discharge clean up.
Authority: 42 U.S.C. 6906, 6912, 6922, 6923, 6925, 6937, and 6938.
Source: 45 FR 33151, May 19, 1980, unless otherwise noted.
Subpart A--General
Sec. 263.10 Scope.
(a) These regulations establish standards which apply to persons
transporting hazardous waste within the United States if the
transportation requires a manifest under 40 CFR part 262.
Note: The regulations set forth in parts 262 and 263 establish the
responsibilities of generators and transporters of hazardous waste in
the handling, transportation, and management of that waste. In these
regulations, EPA has expressly adopted certain regulations of the
Department of Transportation (DOT) governing the transportation of
hazardous materials. These regulations concern, among other things,
labeling, marking, placarding, using proper containers, and reporting
discharges. EPA has expressly adopted these regulations in order to
satisfy its statutory obligation to promulgate regulations which are
necessary to protect human health and the environment in the
transportation of hazardous waste. EPA's adoption of these DOT
regulations ensures consistency with the requirements of DOT and thus
avoids the establishment of duplicative or conflicting requirements with
respect to these matters. These EPA regulations which apply to both
interstate and intrastate transportation of hazardous waste are
enforceable by EPA.
DOT has revised its hazardous materials transportation regulations
in order to encompass the transportation of hazardous waste and to
regulate intrastate, as well as interstate, transportation of hazardous
waste. Transporters of hazardous waste are cautioned that DOT's
regulations are fully applicable to their activities and enforceable by
DOT. These DOT regulations are codified in title 49, Code of Federal
Regulations, subchapter C.
EPA and DOT worked together to develop standards for transporters of
hazardous waste in order to avoid conflicting requirements. Except for
transporters of bulk shipments of hazardous waste by water, a
transporter who meets all applicable requirements of 49 CFR parts 171
through 179 and the requirements of 40 CFR 263.11 and 263.31 will be
deemed in compliance with this part. Regardless of DOT's action, EPA
retains its authority to enforce these regulations.
(b) These regulations do not apply to on-site transportation of
hazardous waste by generators or by owners or operators of permitted
hazardous waste management facilities.
(c) A transporter of hazardous waste must also comply with 40 CFR
part 262, Standards Applicable to Generators of Hazardous Waste, if he:
(1) Transports hazardous waste into the United States from abroad;
or
(2) Mixes hazardous wastes of different DOT shipping descriptions by
placing them into a single container.
(d) A transporter of hazardous waste subject to the Federal
manifesting requirements of 40 CFR part 262, or subject to the waste
management standards of 40 CFR part 273, or subject to State
requirements analogous to 40 CFR part 273, that is being imported from
or exported to any of the countries listed in 40 CFR 262.58(a)(1) for
purposes of recovery is subject to this Subpart and to all other
relevant requirements of subpart H of 40 CFR part
[[Page 145]]
262, including, but not limited to, 40 CFR 262.84 for tracking
documents.
[45 FR 33151, May 19, 1980, as amended at 45 FR 86968, Dec. 31, 1980; 61
FR 16314, Apr. 12, 1996]
Effective Date Note: At 61 FR 16314, Apr. 12, 1996, Sec. 263.10(d)
was added, effective July 11, 1996.
Sec. 263.11 EPA identification number.
(a) A transporter must not transport hazardous wastes without having
received an EPA identification number from the Administrator.
(b) A transporter who has not received an EPA identification number
may obtain one by applying to the Administrator using EPA Form 8700-12.
Upon receiving the request, the Administrator will assign an EPA
identification number to the transporter.
Sec. 263.12 Transfer facility requirements.
A transporter who stores manifested shipments of hazardous waste in
containers meeting the requirements of Sec. 262.30 at a transfer
facility for a period of ten days or less is not subject to regulation
under parts 270, 264, 265, and 268 of this chapter with respect to the
storage of those wastes.
[45 FR 86968, Dec. 31, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 51
FR 40637, Nov. 7, 1986]
Subpart B--Compliance With the Manifest System and Recordkeeping
Sec. 263.20 The manifest system.
(a) A transporter may not accept hazardous waste from a generator
unless it is accompanied by a manifest signed in accordance with the
provisions of 40 CFR 262.20. In the case of exports other than those
subject to subpart H of 40 CFR part 262, a transporter may not accept
such waste from a primary exporter or other person if he knows the
shipment does not conform to the EPA Acknowledgement of Consent; and
unless, in addition to a manifest signed in accordance with the
provisions of 40 CFR 262.20, such waste is also accompanied by an EPA
Acknowledgement of Consent which, except for shipment by rail, is
attached to the manifest (or shipping paper for exports by water (bulk
shipment)). For exports of hazardous waste subject to the requirements
of subpart H of 40 CFR part 262, a transporter may not accept hazardous
waste without a tracking document that includes all information required
by 40 CFR 262.84.
(b) Before transporting the hazardous waste, the transporter must
sign and date the manifest acknowledging acceptance of the hazardous
waste from the generator. The transporter must return a signed copy to
the generator before leaving the generator's property.
(c) The transporter must ensure that the manifest accompanies the
hazardous waste. In the case of exports, the transporter must ensure
that a copy of the EPA Acknowledgment of Consent also accompanies the
hazardous waste.
(d) A transporter who delivers a hazardous waste to another
transporter or to the designated facility must:
(1) Obtain the date of delivery and the handwritten signature of
that transporter or of the owner or operator of the designated facility
on the manifest; and
(2) Retain one copy of the manifest in accordance with Sec. 263.22;
and
(3) Give the remaining copies of the manifest to the accepting
transporter or designated facility.
(e) The requirements of paragraphs (c), (d) and (f) of this section
do not apply to water (bulk shipment) transporters if:
(1) The hazardous waste is delivered by water (bulk shipment) to the
designated facility; and
(2) A shipping paper containing all the information required on the
manifest (excluding the EPA identification numbers, generator
certification, and signatures) and, for exports, an EPA Acknowledgment
of Consent accompanies the hazardous waste; and
(3) The delivering transporter obtains the date of delivery and
handwritten signature of the owner or operator of the designated
facility on either the manifest or the shipping paper; and
(4) The person delivering the hazardous waste to the initial water
(bulk shipment) transporter obtains the date of delivery and signature
of the water (bulk shipment) transporter on the
[[Page 146]]
manifest and forwards it to the designated facility; and
(5) A copy of the shipping paper or manifest is retained by each
water (bulk shipment) transporter in accordance with Sec. 263.22.
(f) For shipments involving rail transportation, the requirements of
paragraphs (c), (d) and (e) do not apply and the following requirements
do apply:
(1) When accepting hazardous waste from a non-rail transporter, the
initial rail transporter must:
(i) Sign and date the manifest acknowledging acceptance of the
hazardous waste;
(ii) Return a signed copy of the manifest to the non-rail
transporter;
(iii) Forward at least three copies of the manifest to:
(A) The next non-rail transporter, if any; or,
(B) The designated facility, if the shipment is delivered to that
facility by rail; or
(C) The last rail transporter designated to handle the waste in the
United States;
(iv) Retain one copy of the manifest and rail shipping paper in
accordance with Sec. 263.22.
(2) Rail transporters must ensure that a shipping paper containing
all the information required on the manifest (excluding the EPA
identification numbers, generator certification, and signatures) and,
for exports an EPA Acknowledgment of Consent accompanies the hazardous
waste at all times.
Note: Intermediate rail transporters are not required to sign either
the manifest or shipping paper.
(3) When delivering hazardous waste to the designated facility, a
rail transporter must:
(i) Obtain the date of delivery and handwritten signature of the
owner or operator of the designated facility on the manifest or the
shipping paper (if the manifest has not been received by the facility);
and
(ii) Retain a copy of the manifest or signed shipping paper in
accordance with Sec. 263.22.
(4) When delivering hazardous waste to a non-rail transporter a rail
transporter must:
(i) Obtain the date of delivery and the handwritten signature of the
next non-rail transporter on the manifest; and
(ii) Retain a copy of the manifest in accordance with Sec. 263.22.
(5) Before accepting hazardous waste from a rail transporter, a non-
rail transporter must sign and date the manifest and provide a copy to
the rail transporter.
(g) Transporters who transport hazardous waste out of the United
States must:
(1) Indicate on the manifest the date the hazardous waste left the
United States; and
(2) Sign the manifest and retain one copy in accordance with
Sec. 263.22(c); and
(3) Return a signed copy of the manifest to the generator; and
(4) Give a copy of the manifest to a U.S. Customs official at the
point of departure from the United States.
(h) A transporter transporting hazardous waste from a generator who
generates greater than 100 kilograms but less than 1000 kilograms of
hazardous waste in a calendar month need not comply with the
requirements of this section or those of Sec. 263.22 provided that:
(1) The waste is being transported pursuant to a reclamation
agreement as provided for in Sec. 262.20(e);
(2) The transporter records, on a log or shipping paper, the
following information for each shipment:
(i) The name, address, and U.S. EPA Identification Number of the
generator of the waste;
(ii) The quantity of waste accepted;
(iii) All DOT-required shipping information;
(iv) The date the waste is accepted; and
(3) The transporter carries this record when transporting waste to
the reclamation facility; and
(4) The transporter retains these records for a period of at least
three years after termination or expiration of the agreement.
[45 FR 33151, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980; 51
FR 10176, Mar. 24, 1986; 51 FR 28685, Aug. 8, 1986; 61 FR 16315, Apr.
12, 1996]
Effective Date Note: At 61 FR 16315, Apr. 12, 1996, Sec. 263.20(a)
was revised, effective July
[[Page 147]]
11, 1996. For the convenience of the reader, the superseded text is set
out below:
Sec. 263.20 The manifest system.
(a) A transporter may not accept hazardous waste from a generator
unless it is accompanied by a manifest signed in accordance with the
provisions of 40 CFR 262.20. In the case of exports, a transporter may
not accept such waste from a primary exporter or other person (1) if he
knows the shipment does not conform to the EPA Acknowledgment of
Consent; and (2) unless, in addition to a manifest signed in accordance
with the provisions of 40 CFR 262.20, such waste is also accompanied by
an EPA Acknowledgment of Consent which, except for shipment by rail, is
attached to the manifest (or shipping paper for exports by water (bulk
shipment)).
* * * * *
Sec. 263.21 Compliance with the manifest.
(a) The transporter must deliver the entire quantity of hazardous
waste which he has accepted from a generator or a transporter to:
(1) The designated facility listed on the manifest; or
(2) The alternate designated facility, if the hazardous waste cannot
be delivered to the designated facility because an emergency prevents
delivery; or
(3) The next designated transporter; or
(4) The place outside the United States designated by the generator.
(b) If the hazardous waste cannot be delivered in accordance with
paragraph (a) of this section, the transporter must contact the
generator for further directions and must revise the manifest according
to the generator's instructions.
Sec. 263.22 Recordkeeping.
(a) A transporter of hazardous waste must keep a copy of the
manifest signed by the generator, himself, and the next designated
transporter or the owner or operator of the designated facility for a
period of three years from the date the hazardous waste was accepted by
the initial transporter.
(b) For shipments delivered to the designated facility by water
(bulk shipment), each water (bulk shipment) transporter must retain a
copy of the shipping paper containing all the information required in
Sec. 263.20(e)(2) for a period of three years from the date the
hazardous waste was accepted by the initial transporter.
(c) For shipments of hazardous waste by rail within the United
States:
(1) The initial rail transporter must keep a copy of the manifest
and shipping paper with all the information required in
Sec. 263.20(f)(2) for a period of three years from the date the
hazardous waste was accepted by the initial transporter; and
(2) The final rail transporter must keep a copy of the signed
manifest (or the shipping paper if signed by the designated facility in
lieu of the manifest) for a period of three years from the date the
hazardous waste was accepted by the initial transporter.
Note: Intermediate rail transporters are not required to keep
records pursuant to these regulations.
(d) A transporter who transports hazardous waste out of the United
States must keep a copy of the manifest indicating that the hazardous
waste left the United States for a period of three years from the date
the hazardous waste was accepted by the initial transporter.
(e) The periods of retention referred to in this Section are
extended automatically during the course of any unresolved enforcement
action regarding the regulated activity or as requested by the
Administrator.
[45 FR 33151, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980]
Subpart C--Hazardous Waste Discharges
Sec. 263.30 Immediate action.
(a) In the event of a discharge of hazardous waste during
transportation, the transporter must take appropriate immediate action
to protect human health and the environment (e.g., notify local
authorities, dike the discharge area).
(b) If a discharge of hazardous waste occurs during transportation
and an official (State or local government or a Federal Agency) acting
within the scope of his official responsibilities determines that
immediate removal of the waste is necessary to protect human health or
the environment, that official may authorize the removal of
[[Page 148]]
the waste by transporters who do not have EPA identification numbers and
without the preparation of a manifest.
(c) An air, rail, highway, or water transporter who has discharged
hazardous waste must:
(1) Give notice, if required by 49 CFR 171.15, to the National
Response Center (800-424-8802 or 202-426-2675); and
(2) Report in writing as required by 49 CFR 171.16 to the Director,
Office of Hazardous Materials Regulations, Materials Transportation
Bureau, Department of Transportation, Washington, DC 20590.
(d) A water (bulk shipment) transporter who has discharged hazardous
waste must give the same notice as required by 33 CFR 153.203 for oil
and hazardous substances.
Sec. 263.31 Discharge clean up.
A transporter must clean up any hazardous waste discharge that
occurs during transportation or take such action as may be required or
approved by Federal, State, or local officials so that the hazardous
waste discharge no longer presents a hazard to human health or the
environment.
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES--Table of Contents
Subpart A--General
Sec.
264.1 Purpose, scope and applicability.
264.2 [Reserved]
264.3 Relationship to interim status standards.
264.4 Imminent hazard action.
Subpart B--General Facility Standards
264.10 Applicability.
264.11 Identification number.
264.12 Required notices.
264.13 General waste analysis.
264.14 Security.
264.15 General inspection requirements.
264.16 Personnel training.
264.17 General requirements for ignitable, reactive, or incompatible
wastes.
264.18 Location standards.
264.19 Construction quality assurance program.
Subpart C--Preparedness and Prevention
264.30 Applicability.
264.31 Design and operation of facility.
264.32 Required equipment.
264.33 Testing and maintenance of equipment.
264.34 Access to communications or alarm system.
264.35 Required aisle space.
264.36 [Reserved]
264.37 Arrangements with local authorities.
Subpart D--Contingency Plan and Emergency Procedures
264.50 Applicability.
264.51 Purpose and implementation of contingency plan.
264.52 Content of contingency plan.
264.53 Copies of contingency plan.
264.54 Amendment of contingency plan.
264.55 Emergency coordinator.
264.56 Emergency procedures.
Subpart E--Manifest System, Recordkeeping, and Reporting
264.70 Applicability.
264.71 Use of manifest system.
264.72 Manifest discrepancies.
264.73 Operating record.
264.74 Availability, retention, and disposition of records.
264.75 Biennial report.
264.76 Unmanifested waste report.
264.77 Additional reports.
Subpart F--Releases From Solid Waste Management Units
264.90 Applicability.
264.91 Required programs.
264.92 Ground-water protection standard.
264.93 Hazardous constituents.
264.94 Concentration limits.
264.95 Point of compliance.
264.96 Compliance period.
264.97 General ground-water monitoring requirements.
264.98 Detection monitoring program.
264.99 Compliance monitoring program.
264.100 Corrective action program.
264.101 Corrective action for solid waste management units.
Subpart G--Closure and Post-Closure
264.110 Applicability.
264.111 Closure performance standard.
264.112 Closure plan; amendment of plan.
264.113 Closure; time allowed for closure.
264.114 Disposal or decontamination of equipment, structures and soils.
264.115 Certification of closure.
264.116 Survey plat.
264.117 Post-closure care and use of property.
[[Page 149]]
264.118 Post-closure plan; amendment of plan.
264.119 Post-closure notices.
264.120 Certification of completion of post-closure care.
Subpart H--Financial Requirements
264.140 Applicability.
264.141 Definitions of terms as used in this subpart.
264.142 Cost estimate for closure.
264.143 Financial assurance for closure.
264.144 Cost estimate for post-closure care.
264.145 Financial assurance for post-closure care.
264.146 Use of a mechanism for financial assurance of both closure and
post-closure care.
264.147 Liability requirements.
264.148 Incapacity of owners or operators, guarantors, or financial
institutions.
264.149 Use of State-required mechanisms.
264.150 State assumption of responsibility.
264.151 Wording of the instruments.
Subpart I--Use and Management of Containers
264.170 Applicability.
264.171 Condition of containers.
264.172 Compatibility of waste with containers.
264.173 Management of containers.
264.174 Inspections.
264.175 Containment.
264.176 Special requirements for ignitable or reactive waste.
264.177 Special requirements for incompatible wastes.
264.178 Closure.
264.179 Air emission standards.
Subpart J--Tank Systems
264.190 Applicability.
264.191 Assessment of existing tank system's integrity.
264.192 Design and installation of new tank systems or components.
264.193 Containment and detection of releases.
264.194 General operating requirements.
264.195 Inspections.
264.196 Response to leaks or spills and disposition of leaking or
unfit-for-use tank systems.
264.197 Closure and post-closure care.
264.198 Special requirements for ignitable or reactive wastes.
264.199 Special requirements for incompatible wastes.
264.200 Air emission standards.
Subpart K--Surface Impoundments
264.220 Applicability.
264.221 Design and operating requirements.
264.222 Action leakage rate.
264.223 Response actions.
264.224--264.225 [Reserved]
264.226 Monitoring and inspection.
264.227 Emergency repairs; contingency plans.
264.228 Closure and post-closure care.
264.229 Special requirements for ignitable or reactive waste.
264.230 Special requirements for incompatible wastes.
264.231 Special requirements for hazardous wastes FO20, FO21, FO22,
FO23, FO26, and FO27.
264.232 Air emission standards.
Subpart L--Waste Piles
264.250 Applicability.
264.251 Design and operating requirements.
264.252 Action leakage rate.
254.253 Response actions.
264.254 Monitoring and inspection.
264.255 [Reserved]
264.256 Special requirements for ignitable or reactive waste.
264.257 Special requirements for incompatible wastes.
264.258 Closure and post-closure care.
264.259 Special requirements for hazardous wastes FO20, FO21, FO22,
FO23, FO26, and FO27.
Subpart M--Land Treatment
264.270 Applicability.
264.271 Treatment program.
264.272 Treatment demonstration.
264.273 Design and operating requirements.
264.274--264.275 [Reserved]
264.276 Food-chain crops.
264.277 [Reserved]
264.278 Unsaturated zone monitoring.
264.279 Recordkeeping.
264.280 Closure and post-closure care.
264.281 Special requirements for ignitable or reactive waste.
264.282 Special requirements for incompatible wastes.
264.283 Special requirements for hazardous wastes FO20, FO21, FO22,
FO23, FO26, and FO27.
Subpart N--Landfills
264.300 Applicability.
264.301 Design and operating requirements.
264.302 Action leakage rate.
264.303 Monitoring and inspection.
264.304 Response actions.
264.305--264.308 [Reserved]
264.309 Surveying and recordkeeping.
264.310 Closure and post-closure care.
264.311 [Reserved]
264.312 Special requirements for ignitable or reactive waste.
264.313 Special requirements for incompatible wastes.
[[Page 150]]
264.314 Special requirements for bulk and containerized liquids.
264.315 Special requirements for containers.
264.316 Disposal of small containers of hazardous waste in overpacked
drums (lab packs).
264.317 Special requirements for hazardous wastes FO20, FO21, FO22,
FO23, FO26, and FO27.
Subpart O--Incinerators
264.340 Applicability.
264.341 Waste analysis.
264.342 Principal organic hazardous constituents (POHCs).
264.343 Performance standards.
264.344 Hazardous waste incinerator permits.
264.345 Operating requirements.
264.346 [Reserved]
264.347 Monitoring and inspections.
264.348--264.350 [Reserved]
264.351 Closure.
Subparts P-R [Reserved]
Subpart S--Corrective Action for Solid Waste Management Units
264.552 Corrective Action Management Units (CAMU).
264.553 Temporary Units (TU).
Subparts T-V [Reserved]
Subpart W--Drip Pads
264.570 Applicability.
264.571 Assessment of existing drip pad integrity.
264.572 Design and installation of new drip pads.
264.573 Design and operating requirements.
264.574 Inspections.
264.575 Closure.
Subpart X--Miscellaneous Units
264.600 Applicability.
264.601 Environmental performance standards.
264.602 Monitoring, analysis, inspection, response, reporting, and
corrective action.
264.603 Post-closure care.
Subparts Y-Z [Reserved]
Subpart AA--Air Emission Standards for Process Vents
264.1030 Applicability.
264.1031 Definitions.
264.1032 Standards: Process vents.
264.1033 Standards: Closed-vent systems and control devices.
264.1034 Test methods and procedures.
264.1035 Recordkeeping requirements.
264.1036 Reporting requirements.
264.1037--264.1049 [Reserved]
Subpart BB--Air Emission Standards for Equipment Leaks
264.1050 Applicability.
264.1051 Definitions.
264.1052 Standards: Pumps in light liquid service.
264.1053 Standards: Compressors.
264.1054 Standards: Pressure relief devices in gas/vapor service.
264.1055 Standards: Sampling connecting systems.
264.1056 Standards: Open-ended valves or lines.
264.1057 Standards: Valves in gas/vapor service or in light liquid
service.
264.1058 Standards: Pumps and valves in heavy liquid service, pressure
relief devices in light liquid or heavy liquid service, and
flanges and other connectors.
264.1059 Standards: Delay of repair.
264.1060 Standards: Closed-vent systems and control devices.
264.1061 Alternative standards for valves in gas/vapor service or in
light liquid service: percentage of valves allowed to leak.
264.1062 Alternative standards for valves in gas/vapor service or in
light liquid service: skip period leak detection and repair.
264.1063 Test methods and procedures.
264.1064 Recordkeeping requirements.
264.1065 Reporting requirements.
Secs. 264.1066--264.1079 [Reserved]
Subpart CC--Air Emission Standards for Tanks, Surface Impoundments, and
Containers
264.1080 Applicability.
264.1081 Definitions.
264.1082 Standards: General.
264.1083 Waste determination procedures.
264.1084 Standards: Tanks.
264.1085 Standards: Surface impoundments.
264.1086 Standards: Containers.
264.1087 Standards: Closed-vent systems and control devices.
264.1088 Inspection and monitoring requirements.
264.1089 Recordkeeping requirements.
264.1090 Reporting requirements.
264.1091 Alternative control requirements for tanks.
Subpart DD--Containment Buildings
264.1100 Applicability.
264.1101 Design and operating standards.
264.1102 Closure and post-closure care.
264.1103--264.1110 [Reserved]
[[Page 151]]
Appendices to part 264
Appendix I--Recordkeeping Instructions
Appendices II--III [Reserved]
Appendix IV--Cochran's Approximation to the Behrens-Fisher Students' T-
test
Appendix V--Examples of Potentially Incompatible Waste
Appendix VI--Political Jurisdictions in Which Compliance With
Sec. 264.18(a) Must Be Demonstrated
Appendices VII--VIII [Reserved]
Appendix IX--Ground-Water Monitoring List
Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.
Source: 45 FR 33221, May 19, 1980, unless otherwise noted.
Subpart A--General
Sec. 264.1 Purpose, scope and applicability.
(a) The purpose of this part is to establish minimum national
standards which define the acceptable management of hazardous waste.
(b) The standards in this part apply to owners and operators of all
facilities which treat, store, or dispose of hazardous waste, except as
specifically provided otherwise in this part or part 261 of this
chapter.
(c) The requirements of this part apply to a person disposing of
hazardous waste by means of ocean disposal subject to a permit issued
under the Marine Protection, Research, and Sanctuaries Act only to the
extent they are included in a RCRA permit by rule granted to such a
person under part 270 of this chapter.
[Comment: These part 264 regulations do apply to the treatment or
storage of hazardous waste before it is loaded onto an ocean vessel for
incineration or disposal at sea.]
(d) The requirements of this part apply to a person disposing of
hazardous waste by means of underground injection subject to a permit
issued under an Underground Injection Control (UIC) program approved or
promulgated under the Safe Drinking Water Act only to the extent they
are required by Sec. 144.14 of this chapter.
[Comment: These part 264 regulations do apply to the above-ground
treatment or storage of hazardous waste before it is injected
underground.]
(e) The requirements of this part apply to the owner or operator of
a POTW which treats, stores, or disposes of hazardous waste only to the
extent they are included in a RCRA permit by rule granted to such a
person under part 270 of this chapter.
(f) The requirements of this part do not apply to a person who
treats, stores, or disposes of hazardous waste in a State with a RCRA
hazardous waste program authorized under subpart A of part 271 of this
chapter, or in a State authorized under subpart B of part 271 of this
chapter for the component or components of Phase II interim
authorization which correspond to the person's treatment, storage or
disposal processes; except that this part will apply:
(1) As stated in paragraph (d) of this section, if the authorized
State RCRA program does not cover disposal of hazardous waste by means
of underground injection; and
(2) To a person who treats, stores or disposes of hazardous waste in
a State authorized under subpart A of part 271 of this chapter, at a
facility which was not covered by standards under this part when the
State obtained authorization, and for which EPA promulgates standards
under this part after the State is authorized. This paragraph will only
apply until the State is authorized to permit such facilities under
subpart A of part 271 of this chapter.
(3) To a person who treats, stores, or disposes of hazardous waste
in a State which is authorized under subpart A or B of part 271 of this
chapter if the State has not been authorized to carry out the
requirements and prohibitions applicable to the treatment, storage, or
disposal of hazardous waste at his facility which are imposed pursuant
to the Hazardous and Solid Waste Amendments of 1984. The requirements
and prohibitions that are applicable until a State receives
authorization to carry them out include all Federal program requirements
identified in Sec. 271.1(j).
(g) The requirements of this part do not apply to:
(1) The owner or operator of a facility permitted, licensed, or
registered by a State to manage municipal or industrial solid waste, if
the only hazardous
[[Page 152]]
waste the facility treats, stores, or disposes of is excluded from
regulation under this part by Sec. 261.5 of this chapter;
(2) The owner or operator of a facility managing recyclable
materials described in Sec. 261.6 (a)(2), (3), and (4) of this chapter
(except to the extent they are referred to in part 279 or subparts C, D,
F, or G of part 266 of this chapter).
(3) A generator accumulating waste on-site in compliance with
Sec. 262.34 of this chapter;
(4) A farmer disposing of waste pesticides from his own use in
compliance with Sec. 262.70 of this chapter; or
(5) The owner or operator of a totally enclosed treatment facility,
as defined in Sec. 260.10.
(6) The owner or operator of an elementary neutralization unit or a
wastewater treatment unit as defined in Sec. 260.10 of this chapter,
provided that if the owner or operator is diluting hazardous ignitable
(D001) wastes (other than the D001 High TOC Subcategory defined in
Sec. 268.40 of this chapter, Table Treatment Standards for Hazardous
Wastes), or reactive (D003) waste, to remove the characteristic before
land disposal, the owner/operator must comply with the requirements set
out in Sec. 264.17(b).
(7) [Reserved]
(8)(i) Except as provided in paragraph (g)(8)(ii) of this section, a
person engaged in treatment or containment activities during immediate
response to any of the following situations:
(A) A discharge of a hazardous waste;
(B) An imminent and substantial threat of a discharge of hazardous
waste;
(C) A discharge of a material which, when discharged, becomes a
hazardous waste.
(ii) An owner or operator of a facility otherwise regulated by this
part must comply with all applicable requirements of subparts C and D.
(iii) Any person who is covered by paragraph (g)(8)(i) of this
section and who continues or initiates hazardous waste treatment or
containment activities after the immediate response is over is subject
to all applicable requirements of this part and parts 122 through 124 of
this chapter for those activities.
(9) A transporter storing manifested shipments of hazardous waste in
containers meeting the requirements of 40 CFR 262.30 at a transfer
facility for a period of ten days or less.
(10) The addition of absorbent material to waste in a container (as
defined in Sec. 260.10 of this chapter) or the addition of waste to
absorbent material in a container, provided that these actions occur at
the time waste is first placed in the container; and Secs. 264.17(b),
264.171, and 264.172 are complied with.
(11) Universal waste handlers and universal waste transporters (as
defined in 40 CFR 260.10) handling the wastes listed below. These
handlers are subject to regulation under 40 CFR part 273, when handling
the below listed universal wastes.
(i) Batteries as described in 40 CFR 273.2;
(ii) Pesticides as described in 40 CFR 273.3; and
(iii) Thermostats as described in 40 CFR 273.4.
(h) The requirements of this part apply to owners or operators of
all facilities which treat, store, or dispose of hazardous wastes
referred to in part 268.
[45 FR 33221, May 19, 1980, as amended at 45 FR 76075, Nov. 17, 1980; 45
FR 86968, Dec. 31, 1980; 46 FR 27480, May 20, 1981; 47 FR 8306, Feb. 25,
1982; 47 FR 32384, July 26, 1982; 48 FR 2511, Jan. 19, 1983; 48 FR
14294, Apr. 1, 1983; 50 FR 665, Jan. 4, 1985; 50 FR 28746, July 15,
1985; 52 FR 21016, June 4, 1987; 53 FR 27165, July 19, 1988; 58 FR
26424, May 3, 1993; 58 FR 29884, May 24, 1993; 59 FR 48042, Sept. 19,
1994; 60 FR 25542, May 11, 1995]
Sec. 264.2 [Reserved]
Sec. 264.3 Relationship to interim status standards.
A facility owner or operator who has fully complied with the
requirements for interim status--as defined in section 3005(e) of RCRA
and regulations under Sec. 270.70 of this chapter--must comply with the
regulations specified in part 265 of this chapter in lieu of the
regulations in this part, until final administrative disposition of his
permit application is made, except as provided under 40 CFR part 264
subpart S.
[[Page 153]]
[Comment: As stated in section 3005(a) of RCRA, after the effective
date of regulations under that section, i.e., parts 270 and 124 of this
chapter, the treatment, storage, or disposal of hazardous waste is
prohibited except in accordance with a permit. Section 3005(e) of RCRA
provides for the continued operation of an existing facility which meets
certain conditions until final administrative disposition of the owner's
or operator's permit application is made.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 58
FR 8683, Feb. 16, 1993]
Sec. 264.4 Imminent hazard action.
Notwithstanding any other provisions of these regulations,
enforcement actions may be brought purusant to section 7003 of RCRA.
Subpart B--General Facility Standards
Sec. 264.10 Applicability.
(a) The regulations in this subpart apply to owners and operators of
all hazardous waste facilities, except as provided in Sec. 264.1 and in
paragraph (b) of this section.
(b) Section 264.18(b) applies only to facilities subject to
regulation under subparts I through O and subpart X of this part.
[46 FR 2848, Jan. 12, 1981, as amended at 52 FR 46963, Dec. 10, 1987]
Sec. 264.11 Identification number.
Every facility owner or operator must apply to EPA for an EPA
identification number in accordance with the EPA notification procedures
(45 FR 12746).
[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
Sec. 264.12 Required notices.
(a)(1) The owner or operator of a facility that has arranged to
receive hazardous waste from a foreign source must notify the Regional
Administrator in writing at least four weeks in advance of the date the
waste is expected to arrive at the facility. Notice of subsequent
shipments of the same waste from the same foreign source is not
required.
(2) The owner or operator of a recovery facility that has arranged
to receive hazardous waste subject to 40 CFR part 262, subpart H must
provide a copy of the tracking document bearing all required signatures
to the notifier, to the Office of Enforcement and Compliance Assurance,
Office of Compliance, Enforcement Planning, Targeting and Data Division
(2222A), Environmental Protection Agency, 401 M St., SW., Washington, DC
20460; and to the competent authorities of all other concerned countries
within three working days of receipt of the shipment. The original of
the signed tracking document must be maintained at the facility for at
least three years.
(b) The owner or operator of a facility that receives hazardous
waste from an off-site source (except where the owner or operator is
also the generator) must inform the generator in writing that he has the
appropriate permit(s) for, and will accept, the waste the generator is
shipping. The owner or operator must keep a copy of this written notice
as part of the operating record.
(c) Before transferring ownership or operation of a facility during
its operating life, or of a disposal facility during the post-closure
care period, the owner or operator must notify the new owner or operator
in writing of the requirements of this part and part 270 of this
chapter.
[Comment: An owner's or operator's failure to notify the new owner or
operator of the requirements of this part in no way relieves the new
owner or operator of his obligation to comply with all applicable
requirements.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50
FR 4514, Jan. 31, 1985; 61 FR 16315, Apr. 12, 1996]
Effective Date Note: At 61 FR 16315, Apr. 12, 1996, Sec. 264.12(a)
was amended by redesignating (a) as (a)(1) and adding (a)(2), effective
July 11, 1996.
Sec. 264.13 General waste analysis.
(a)(1) Before an owner or operator treats, stores, or disposes of
any hazardous wastes, or nonhazardous wastes if applicable under
Sec. 264.113(d), he must obtain a detailed chemical and physical
analysis of a representative sample of the wastes. At a minimum, the
analysis must contain all the information which must be known to treat,
store, or dispose of the waste in accordance
[[Page 154]]
with this part and part 268 of this chapter.
(2) The analysis may include data developed under part 261 of this
chapter, and existing published or documented data on the hazardous
waste or on hazardous waste generated from similar processes.
[Comment: For example, the facility's records of analyses performed
on the waste before the effective date of these regulations, or studies
conducted on hazardous waste generated from processes similar to that
which generated the waste to be managed at the facility, may be included
in the data base required to comply with paragraph (a)(1) of this
section. The owner or operator of an off-site facility may arrange for
the generator of the hazardous waste to supply part of the information
required by paragraph (a)(1) of this section, except as otherwise
specified in 40 CFR 268.7 (b) and (c). If the generator does not supply
the information, and the owner or operator chooses to accept a hazardous
waste, the owner or operator is responsible for obtaining the
information required to comply with this section.]
(3) The analysis must be repeated as necessary to ensure that it is
accurate and up to date. At a minimum, the analysis must be repeated:
(i) When the owner or operator is notified, or has reason to
believe, that the process or operation generating the hazardous wastes,
or non-hazardous wastes if applicable under Sec. 264.113(d), has
changed; and
(ii) For off-site facilities, when the results of the inspection
required in paragraph (a)(4) of this section indicate that the hazardous
waste received at the facility does not match the waste designated on
the accompanying manifest or shipping paper.
(4) The owner or operator of an off-site facility must inspect and,
if necessary, analyze each hazardous waste movement received at the
facility to determine whether it matches the identity of the waste
specified on the accompanying manifest or shipping paper.
(b) The owner or operator must develop and follow a written waste
analysis plan which describes the procedures which he will carry out to
comply with paragraph (a) of this section. He must keep this plan at the
facility. At a minimum, the plan must specify:
(1) The parameters for which each hazardous waste, or non-hazardous
waste if applicable under Sec. 264.113(d), will be analyzed and the
rationale for the selection of these parameters (i.e., how analysis for
these parameters will provide sufficient information on the waste's
properties to comply with paragraph (a) of this section);
(2) The test methods which will be used to test for these
parameters;
(3) The sampling method which will be used to obtain a
representative sample of the waste to be analyzed. A representative
sample may be obtained using either:
(i) One of the sampling methods described in appendix I of part 261
of this chapter; or
(ii) An equivalent sampling method.
[Comment: See Sec. 260.21 of this chapter for related discussion.]
(4) The frequency with which the initial analysis of the waste will
be reviewed or repeated to ensure that the analysis is accurate and up
to date; and
(5) For off-site facilities, the waste analyses that hazardous waste
generators have agreed to supply.
(6) Where applicable, the methods that will be used to meet the
additional waste analysis requirements for specific waste management
methods as specified in Secs. 264.17, 264.314, 264.341, 264.1034(d),
264.1063(d), 264.1083, and 268.7 of this chapter.
(7) For surface impoundments exempted from land disposal
restrictions under Sec. 268.4(a), the procedures and schedules for:
(i) The sampling of impoundment contents;
(ii) The analysis of test data; and,
(iii) The annual removal of residues which are not delisted under
Sec. 260.22 of this chapter or which exhibit a characteristic of
hazardous waste and either:
(A) Do not meet applicable treatment standards of part 268, subpart
D; or
(B) Where no treatment standards have been established;
(1) Such residues are prohibited from land disposal under
Sec. 268.32 or RCRA section 3004(d); or
(2) Such residues are prohibited from land disposal under
Sec. 268.33(f).
(8) For owners and operators seeking an exemption to the air
emission
[[Page 155]]
standards of subpart CC in accordance with Sec. 264.1082--
(i) If direct measurement is used for the waste determination, the
procedures and schedules for waste sampling and analysis, and the
results of the analysis of test data to verify the exemption.
(ii) If knowledge of the waste is used for the waste determination,
any information prepared by the facility owner or operator or by the
generator of the hazardous waste, if the waste is received from off-
site, that is used as the basis for knowledge of the waste.
(c) For off-site facilities, the waste analysis plan required in
paragraph (b) of this section must also specify the procedures which
will be used to in-spect and, if necessary, analyze each movement of
hazardous waste received at the facility to ensure that it matches the
identity of the waste designated on the accompanying manifest or
shipping paper. At a minimum, the plan must describe:
(1) The procedures which will be used to determine the identity of
each movement of waste managed at the facility; and
(2) The sampling method which will be used to obtain a
representative sample of the waste to be identified, if the
identification method includes sampling.
(3) The procedures that the owner or operator of an off-site
landfill receiving containerized hazardous waste will use to determine
whether a hazardous waste generator or treater has added a biodegradable
sorbent to the waste in the container.
[Comment: Part 270 of this chapter requires that the waste analysis plan
be submitted with part B of the permit application.]
[45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 50
FR 4514, Jan. 31, 1985; 51 FR 40637, Nov. 7, 1986; 53 FR 31211, Aug. 17,
1988; 54 FR 33394, Aug. 14, 1989; 55 FR 22685, June 1, 1990; 55 FR
25494, June 21, 1990; 57 FR 8088, Mar. 6, 1992; 57 FR 54460, Nov. 18,
1992; 59 FR 62926, Dec. 6, 1994; 61 FR 4911, Feb. 9, 1996]
Effective Date Note: At 59 FR 62926, Dec. 6, 1994, Sec. 264.13 was
amended by adding ``264.1083'' to paragragh (b)(6), and adding paragraph
(b)(8). At 60 FR 26828, May 19, 1995, the effective date was delayed to
Dec. 6, 1995; at 60 FR 56952, Nov. 13, 1995, the effective date was
delayed to June 6, 1996; and at 61 FR 28508, June 5, 1996, the effective
date was further delayed to Oct. 6, 1996.
Sec. 264.14 Security.
(a) The owner or operator must prevent the unknowing entry, and
minimize the possibility for the unauthorized entry, of persons or
livestock onto the active portion of his facility, unless he can
demonstrate to the Regional Administrator that:
(1) Physical contact with the waste, structures, or equipment within
the active portion of the facility will not injure unknowing or
unauthorized persons or livestock which may enter the active portion of
a facility; and
(2) Disturbance of the waste or equipment, by the unknowing or
unauthorized entry of persons or livestock onto the active portion of a
facility, will not cause a violation of the requirements of this part.
[Comment: Part 270 of this chapter requires that an owner or operator
who wishes to make the demonstration referred to above must do so with
part B of the permit application.]
(b) Unless the owner or operator has made a successful demonstration
under paragraphs (a) (1) and (2) of this section, a facility must have:
(1) A 24-hour surveillance system (e.g., television monitoring or
surveillance by guards or facility personnel) which continuously
monitors and controls entry onto the active portion of the facility; or
(2)(i) An artificial or natural barrier (e.g., a fence in good
repair or a fence combined with a cliff), which completely surrounds the
active portion of the facility; and
(ii) A means to control entry, at all times, through the gates or
other entrances to the active portion of the facility (e.g., an
attendant, television monitors, locked entrance, or controlled roadway
access to the facility).
[Comment: The requirements of paragraph (b) of this section are
satisfied if the facility or plant within which the active portion is
located itself has a surveillance system, or a barrier and a means to
control entry, which complies with the requirements of paragraph (b) (1)
or (2) of this section.]
(c) Unless the owner or operator has made a successful demonstration
under
[[Page 156]]
paragraphs (a) (1) and (2) of this section, a sign with the legend,
``Danger--Unauthorized Personnel Keep Out'', must be posted at each
entrance to the active portion of a facility, and at other locations, in
sufficient numbers to be seen from any approach to this active portion.
The legend must be written in English and in any other language
predominant in the area surrounding the facility (e.g., facilities in
counties bordering the Canadian province of Quebec must post signs in
French; facilities in counties bordering Mexico must post signs in
Spanish), and must be legible from a distance of at least 25 feet.
Existing signs with a legend other than ``Danger--Unauthorized Personnel
Keep Out'' may be used if the legend on the sign indicates that only
authorized personnel are allowed to enter the active portion, and that
entry onto the active portion can be dangerous.
[Comment: See Sec. 264.117(b) for discussion of security requirements at
disposal facilities during the post-closure care period.]
[45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48
FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985]
Sec. 264.15 General inspection requirements.
(a) The owner or operator must inspect his facility for malfunctions
and deterioration, operator errors, and discharges which may be
causing--or may lead to--(1) release of hazardous waste constituents to
the environment or (2) a threat to human health. The owner or operator
must conduct these inspections often enough to identify problems in time
to correct them before they harm human health or the environment.
(b)(1) The owner or operator must develop and follow a written
schedule for inspecting monitoring equipment, safety and emergency
equipment, security devices, and operating and structural equipment
(such as dikes and sump pumps) that are important to preventing,
detecting, or responding to environmental or human health hazards.
(2) He must keep this schedule at the facility.
(3) The schedule must identify the types of problems (e.g.,
malfunctions or deterioration) which are to be looked for during the
inspection (e.g., inoperative sump pump, leaking fitting, eroding dike,
etc.).
(4) The frequency of inspection may vary for the items on the
schedule. However, it should be based on the rate of deterioration of
the equipment and the probability of an environmental or human health
incident if the deterioration, malfunction, or any operator error goes
undetected between inspections. Areas subject to spills, such as loading
and unloading areas, must be inspected daily when in use. At a minimum,
the inspection schedule must include the items and frequencies called
for in Secs. 264.174, 264.193, 264.195, 264.226, 264.254, 264.278,
264.303, 264.347, 264.602, 264.1033, 264.1052, 264.1053, 264.1058,
264.1088, and 264.1091(b), where applicable.
[Comment: Part 270 of this chapter requires the inspection schedule to
be submitted with part B of the permit application. EPA will evaluate
the schedule along with the rest of the application to ensure that it
adequately protects human health and the environment. As part of this
review, EPA may modify or amend the schedule as may be necessary.]
(c) The owner or operator must remedy any deterioration or
malfunction of equipment or structures which the inspection reveals on a
schedule which ensures that the problem does not lead to an
environmental or human health hazard. Where a hazard is imminent or has
already occurred, remedial action must be taken immediately.
(d) The owner or operator must record inspections in an inspection
log or summary. He must keep these records for at least three years from
the date of inspection. At a minimum, these records must include the
date and time of the inspection, the name of the inspector, a notation
of the observations made, and the date and nature of any repairs or
other remedial actions.
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50
FR 4514, Jan. 31, 1985; 57 FR 3486, Jan. 29, 1992; 59 FR 62926, Dec. 6,
1994]
Effective Date Note: At 59 FR 62926, Dec. 6, 1994, Sec. 264.15 was
amended by removing the word ``and'' after the phrase ``frequencies
called for in Secs. 264.174, 264.193, 264.195, 264.226, 264.254,
264.278, 264.303, 264.347, 264.602, 264.1033, 264.1052, 264.1053,'' and
adding
[[Page 157]]
``264.1088, and 264.1019(b),'' after ``264.1058''. At 60 FR 26828, May
19, 1995, the effective date was delayed to Dec. 6, 1995; at 60 FR
56952, Nov. 13, 1995, the effective date was delayed to June 6, 1996;
and at 61 FR 28508, June 5, 1996, the effective date was further delayed
to Oct. 6, 1996.
Sec. 264.16 Personnel training.
(a)(1) Facility personnel must successfully complete a program of
classroom instruction or on-the-job training that teaches them to
perform their duties in a way that ensures the facility's compliance
with the requirements of this part. The owner or operator must ensure
that this program includes all the elements described in the document
required under paragraph (d)(3) of this section.
[Comment: Part 270 of this chapter requires that owners and operators
submit with part B of the RCRA permit application, an outline of the
training program used (or to be used) at the facility and a brief
description of how the training program is designed to meet actual job
tasks.]
(2) This program must be directed by a person trained in hazardous
waste management procedures, and must include instruction which teaches
facility personnel hazardous waste management procedures (including
contingency plan implementation) relevant to the positions in which they
are employed.
(3) At a minimum, the training program must be designed to ensure
that facility personnel are able to respond effectively to emergencies
by familiarizing them with emergency procedures, emergency equipment,
and emergency systems, including, where applicable:
(i) Procedures for using, inspecting, repairing, and replacing
facility emergency and monitoring equipment;
(ii) Key parameters for automatic waste feed cut-off systems;
(iii) Communications or alarm systems;
(iv) Response to fires or explosions;
(v) Response to ground-water contamination incidents; and
(vi) Shutdown of operations.
(b) Facility personnel must successfully complete the program
required in paragraph (a) of this section within six months after the
effective date of these regulations or six months after the date of
their employment or assignment to a facility, or to a new position at a
facility, whichever is later. Employees hired after the effective date
of these regulations must not work in unsupervised positions until they
have completed the training requirements of paragraph (a) of this
section.
(c) Facility personnel must take part in an annual review of the
initial training required in paragraph (a) of this section.
(d) The owner or operator must maintain the following documents and
records at the facility:
(1) The job title for each position at the facility related to
hazardous waste management, and the name of the employee filling each
job;
(2) A written job description for each position listed under
paragraph (d)(1) of this section. This description may be consistent in
its degree of specificity with descriptions for other similar positions
in the same company location or bargaining unit, but must include the
requisite skill, education, or other qualifications, and duties of
employees assigned to each position;
(3) A written description of the type and amount of both
introductory and continuing training that will be given to each person
filling a position listed under paragraph (d)(1) of this section;
(4) Records that document that the training or job experience
required under paragraphs (a), (b), and (c) of this section has been
given to, and completed by, facility personnel.
(e) Training records on current personnel must be kept until closure
of the facility; training records on former employees must be kept for
at least three years from the date the employee last worked at the
facility. Personnel training records may accompany personnel transferred
within the same company.
[45 FR 33221, May 19, 1980, as amended at 46 FR 2848, Jan. 12, 1981; 48
FR 14294, Apr. 1, 1983; 50 FR 4514, Jan. 31, 1985]
Sec. 264.17 General requirements for ignitable, reactive, or incompatible wastes.
(a) The owner or operator must take precautions to prevent
accidental ignition or reaction of ignitable or reactive waste. This
waste must be separated and protected from sources of ignition
[[Page 158]]
or reaction including but not limited to: open flames, smoking, cutting
and welding, hot surfaces, frictional heat, sparks (static, electrical,
or mechanical), spontaneous ignition (e.g., from heat-producing chemical
reactions), and radiant heat. While ignitable or reactive waste is being
handled, the owner or operator must confine smoking and open flame to
specially designated locations. ``No Smoking'' signs must be
conspicuously placed wherever there is a hazard from ignitable or
reactive waste.
(b) Where specifically required by other sections of this part, the
owner or operator of a facility that treats, stores or disposes
ignitable or reactive waste, or mixes incompatible waste or incompatible
wastes and other materials, must take precautions to prevent reactons
which:
(1) Generate extreme heat or pressure, fire or explosions, or
violent reactions;
(2) Produce uncontrolled toxic mists, fumes, dusts, or gases in
sufficient quantities to threaten human health or the environment;
(3) Produce uncontrolled flammable fumes or gases in sufficient
quantities to pose a risk of fire or explosions;
(4) Damage the structural integrity of the device or facility;
(5) Through other like means threaten human health or the
environment.
(c) When required to comply with paragraph (a) or (b) of this
section, the owner or operator must document that compliance. This
documentation may be based on references to published scientific or
engineering literature, data from trial tests (e.g., bench scale or
pilot scale tests), waste analyses (as specified in Sec. 264.13), or the
results of the treatment of similar wastes by similar treatment
processes and under similar operating conditions.
[46 FR 2848, Jan. 12, 1981, as amended at 50 FR 4514, Jan. 31, 1985]
Sec. 264.18 Location standards.
(a) Seismic considerations. (1) Portions of new facilities where
treatment, storage, or disposal of hazardous waste will be conducted
must not be located within 61 meters (200 feet) of a fault which has had
displacement in Holocene time.
(2) As used in paragraph (a)(1) of this section:
(i) ``Fault'' means a fracture along which rocks on one side have
been displaced with respect to those on the other side.
(ii) ``Displacement'' means the relative movement of any two sides
of a fault measured in any direction.
(iii) ``Holocene'' means the most recent epoch of the Quarternary
period, extending from the end of the Pleistocene to the present.
[Comment: Procedures for demonstrating compliance with this standard in
part B of the permit application are specified in Sec. 270.14(b)(11).
Facilities which are located in political jurisdictions other than those
listed in appendix VI of this part, are assumed to be in compliance with
this requirement.]
(b) Floodplains. (1) A facility located in a 100-year floodplain
must be designed, constructed, operated, and maintained to prevent
washout or any hazardous waste by a 100-year flood, unless the owner or
operator can demonstrate to the Regional Administrator's satisfaction
that:
(i) Procedures are in effect which will cause the waste to be
removed safely, before flood waters can reach the facility, to a
location where the wastes will not be vulnerable to flood waters; or
(ii) For existing surface impoundments, waste piles, land treatment
units, landfills, and miscellaneous units, no adverse effects on human
health or the environment will result if washout occurs, considering:
(A) The volume and physical and chemical characteristics of the
waste in the facility;
(B) The concentration of hazardous constituents that would
potentially affect surface waters as a result of washout;
(C) The impact of such concentrations on the current or potential
uses of and water quality standards established for the affected surface
waters; and
(D) The impact of hazardous constituents on the sediments of
affected surface waters or the soils of the 100-
[[Page 159]]
year floodplain that could result from washout.
[Comment: The location where wastes are moved must be a facility which
is either permitted by EPA under part 270 of this chapter, authorized to
manage hazardous waste by a State with a hazardous waste management
program authorized under part 271 of this chapter, or in interim status
under parts 270 and 265 of this chapter.]
(2) As used in paragraph (b)(1) of this section:
(i) ``100-year floodplain'' means any land area which is subject to
a one percent or greater chance of flooding in any given year from any
source.
(ii) ``Washout'' means the movement of hazardous waste from the
active portion of the facility as a result of flooding.
(iii) ``100-year flood'' means a flood that has a one percent chance
of being equalled or exeeded in any given year.
[Comment: (1) Requirements pertaining to other Federal laws which affect
the location and permitting of facilities are found in Sec. 270.3 of
this chapter. For details relative to these laws, see EPA's manual for
SEA (special environmental area) requirements for hazardous waste
facility permits. Though EPA is responsible for complying with these
requirements, applicants are advised to consider them in planning the
location of a facility to help prevent subsequent project delays.]
(c) Salt dome formations, salt bed formations, underground mines and
caves. The placement of any noncontainerized or bulk liquid hazardous
waste in any salt dome formation, salt bed formation, underground mine
or cave is prohibited, except for the Department of Energy Waste
Isolation Pilot Project in New Mexico.
[46 FR 2848, Jan. 12, 1981, as amended at 47 FR 32350, July 26, 1982; 48
FR 14294, Apr. 1, 1983; 48 FR 30115, June 30, 1983; 50 FR 4514, Jan. 31,
1985; 50 FR 28746, July 15, 1985; 52 FR 46963, Dec. 10, 1987]
Sec. 264.19 Construction quality assurance program.
(a) CQA program. (1) A construction quality assurance (CQA) program
is required for all surface impoundment, waste pile, and landfill units
that are required to comply with Secs. 264.221 (c) and (d), 264.251 (c)
and (d), and 264.301 (c) and (d). The program must ensure that the
constructed unit meets or exceeds all design criteria and specifications
in the permit. The program must be developed and implemented under the
direction of a CQA officer who is a registered professional engineer.
(2) The CQA program must address the following physical components,
where applicable:
(i) Foundations;
(ii) Dikes;
(iii) Low-permeability soil liners;
(iv) Geomembranes (flexible membrane liners);
(v) Leachate collection and removal systems and leak detection
systems; and
(vi) Final cover systems.
(b) Written CQA plan. The owner or operator of units subject to the
CQA program under paragraph (a) of this section must develop and
implement a written CQA plan. The plan must identify steps that will be
used to monitor and document the quality of materials and the condition
and manner of their installation. The CQA plan must include:
(1) Identification of applicable units, and a description of how
they will be constructed.
(2) Identification of key personnel in the development and
implementation of the CQA plan, and CQA officer qualifications.
(3) A description of inspection and sampling activities for all unit
components identified in paragraph (a)(2) of this section, including
observations and tests that will be used before, during, and after
construction to ensure that the construction materials and the installed
unit components meet the design specifications. The description must
cover: Sampling size and locations; frequency of testing; data
evaluation procedures; acceptance and rejection criteria for
construction materials; plans for implementing corrective measures; and
data or other information to be recorded and retained in the operating
record under Sec. 264.73.
(c) Contents of program. (1) The CQA program must include
observations, inspections, tests, and measurements sufficient to ensure:
(i) Structural stability and integrity of all components of the unit
identified in paragraph (a)(2) of this section;
[[Page 160]]
(ii) Proper construction of all components of the liners, leachate
collection and removal system, leak detection system, and final cover
system, according to permit specifications and good engineering
practices, and proper installation of all components (e.g., pipes)
according to design specifications;
(iii) Conformity of all materials used with design and other
material specifications under Secs. 264.221, 264.251, and 264.301.
(2) The CQA program shall include test fills for compacted soil
liners, using the same compaction methods as in the full scale unit, to
ensure that the liners are constructed to meet the hydraulic
conductivity requirements of Secs. 264.221(c)(1)(i)(B),
264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field. Compliance
with the hydraulic conductivity requirements must be verified by using
in-situ testing on the constructed test fill. The Regional Administrator
may accept an alternative demonstration, in lieu of a test fill, where
data are sufficient to show that a constructed soil liner will meet the
hydraulic conductivity requirements of Secs. 264.221(c)(1)(i)(B),
264.251(c)(1)(i)(B), and 264.301(c)(1)(i)(B) in the field.
(d) Certification. Waste shall not be received in a unit subject to
Sec. 264.19 until the owner or operator has submitted to the Regional
Administrator by certified mail or hand delivery a certification signed
by the CQA officer that the approved CQA plan has been successfully
carried out and that the unit meets the requirements of Secs. 264.221
(c) or (d), 264.251 (c) or (d), or 264.301 (c) or (d); and the procedure
in Sec. 270.30(l)(2)(ii) of this chapter has been completed.
Documentation supporting the CQA officer's certification must be
furnished to the Regional Administrator upon request.
[57 FR 3486, Jan. 29, 1992]
Subpart C--Preparedness and Prevention
Sec. 264.30 Applicability.
The regulations in this subpart apply to owners and operators of all
hazardous waste facilities, except as Sec. 264.1 provides otherwise.
Sec. 264.31 Design and operation of facility.
Facilities must be designed, constructed, maintained, and operated
to minimize the possibility of a fire, explosion, or any unplanned
sudden or non-sudden release of hazardous waste or hazardous waste
constituents to air, soil, or surface water which could threaten human
health or the environment.
Sec. 264.32 Required equipment.
All facilities must be equipped with the following, unless it can be
demonstrated to the Regional Administrator that none of the hazards
posed by waste handled at the facility could require a particular kind
of equipment specified below:
(a) An internal communications or alarm system capable of providing
immediate emergency instruction (voice or signal) to facility personnel;
(b) A device, such as a telephone (immediately available at the
scene of operations) or a hand-held two-way radio, capable of summoning
emergency assistance from local police departments, fire departments, or
State or local emergency response teams;
(c) Portable fire extinguishers, fire control equipment (including
special extinguishing equipment, such as that using foam, inert gas, or
dry chemicals), spill control equipment, and decontamination equipment;
and
(d) Water at adequate volume and pressure to supply water hose
streams, or foam producing equipment, or automatic sprinklers, or water
spray systems.
[Comment: Part 270 of this chapter requires that an owner or operator
who wishes to make the demonstration referred to above must do so with
part B of the permit application.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983]
Sec. 264.33 Testing and maintenance of equipment.
All facility communications or alarm systems, fire protection
equipment, spill control equipment, and decontamination equipment, where
required, must be tested and maintained as necessary to assure its
proper operation in time of emergency.
[[Page 161]]
Sec. 264.34 Access to communications or alarm system.
(a) Whenever hazardous waste is being poured, mixed, spread, or
otherwise handled, all personnel involved in the operation must have
immediate access to an internal alarm or emergency communication device,
either directly or through visual or voice contact with another
employee, unless the Regional Administrator has ruled that such a device
is not required under Sec. 264.32.
(b) If there is ever just one employee on the premises while the
facility is operating, he must have immediate access to a device, such
as a telephone (immediately available at the scene of operation) or a
hand-held two-way radio, capable of summoning external emergency
assistance, unless the Regional Administrator has ruled that such a
device is not required under Sec. 264.32.
Sec. 264.35 Required aisle space.
The owner or operator must maintain aisle space to allow the
unobstructed movement of personnel, fire protection equipment, spill
control equipment, and decontamination equipment to any area of facility
operation in an emergency, unless it can be demonstrated to the Regional
Administrator that aisle space is not needed for any of these purposes.
[Comment: Part 270 of this chapter requires that an owner or operator
who wishes to make the demonstration referred to above must do so with
part B of the permit application.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983]
Sec. 264.36 [Reserved]
Sec. 264.37 Arrangements with local authorities.
(a) The owner or operator must attempt to make the following
arrangements, as appropriate for the type of waste handled at his
facility and the potential need for the services of these organizations:
(1) Arrangements to familiarize police, fire departments, and
emergency response teams with the layout of the facility, properties of
hazardous waste handled at the facility and associated hazards, places
where facility personnel would normally be working, entrances to and
roads inside the facility, and possible evacuation routes;
(2) Where more than one police and fire department might respond to
an emergency, agreements designating primary emergency authority to a
specific police and a specific fire department, and agreements with any
others to provide support to the primary emergency authority;
(3) Agreements with State emergency response teams, emergency
response contractors, and equipment suppliers; and
(4) Arrangements to familiarize local hospitals with the properties
of hazardous waste handled at the facility and the types of injuries or
illnesses which could result from fires, explosions, or releases at the
facility.
(b) Where State or local authorities decline to enter into such
arrangements, the owner or operator must document the refusal in the
operating record.
Subpart D--Contingency Plan and Emergency Procedures
Sec. 264.50 Applicability.
The regulations in this subpart apply to owners and operators of all
hazardous waste facilities, except as Sec. 264.1 provides otherwise.
Sec. 264.51 Purpose and implementation of contingency plan.
(a) Each owner or operator must have a contingency plan for his
facility. The contingency plan must be designed to minimize hazards to
human health or the environment from fires, explosions, or any unplanned
sudden or non-sudden release of hazardous waste or hazardous waste
constituents to air, soil, or surface water.
(b) The provisions of the plan must be carried out immediately
whenever there is a fire, explosion, or release of hazardous waste or
hazardous waste constituents which could threaten human health or the
environment.
[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
Sec. 264.52 Content of contingency plan.
(a) The contingency plan must describe the actions facility
personnel
[[Page 162]]
must take to comply with Secs. 264.51 and 264.56 in response to fires,
explosions, or any unplanned sudden or non-sudden release of hazardous
waste or hazardous waste constituents to air, soil, or surface water at
the facility.
(b) If the owner or operator has already prepared a Spill
Prevention, Control, and Countermeasures (SPCC) Plan in accordance with
part 112 of this chapter, or part 1510 of chapter V, or some other
emergency or contingency plan, he need only amend that plan to
incorporate hazardous waste management provisions that are sufficient to
comply with the requirements of this part.
(c) The plan must describe arrangements agreed to by local police
departments, fire departments, hospitals, contractors, and State and
local emergency response teams to coordinate emergency services,
pursuant to Sec. 264.37.
(d) The plan must list names, addresses, and phone numbers (office
and home) of all persons qualified to act as emergency coordinator (see
Sec. 264.55), and this list must be kept up to date. Where more than one
person is listed, one must be named as primary emergency coordinator and
others must be listed in the order in which they will assume
responsibility as alternates. For new facilities, this information must
be supplied to the Regional Administrator at the time of certification,
rather than at the time of permit application.
(e) The plan must include a list of all emergency equipment at the
facility (such as fire extinguishing systems, spill control equipment,
communications and alarm systems (internal and external), and
decontamination equipment), where this equipment is required. This list
must be kept up to date. In addition, the plan must include the location
and a physical description of each item on the list, and a brief outline
of its capabilities.
(f) The plan must include an evacuation plan for facility personnel
where there is a possibility that evacuation could be necessary. This
plan must describe signal(s) to be used to begin evacuation, evacuation
routes, and alternate evacuation routes (in cases where the primary
routes could be blocked by releases of hazardous waste or fires).
[45 FR 33221, May 19, 1980, as amended at 46 FR 27480, May 20, 1981; 50
FR 4514, Jan. 31, 1985]
Sec. 264.53 Copies of contingency plan.
A copy of the contingency plan and all revisions to the plan must
be:
(a) Maintained at the facility; and
(b) Submitted to all local police departments, fire departments,
hospitals, and State and local emergency response teams that may be
called upon to provide emergency services.
[Comment: The contingency plan must be submitted to the Regional
Administrator with Part B of the permit application under part 270, of
this chapter and, after modification or approval, will become a
condition of any permit issued.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 30115, June 30, 1983; 50
FR 4514, Jan. 31, 1985]
Sec. 264.54 Amendment of contingency plan.
The contingency plan must be reviewed, and immediately amended, if
necessary, whenever:
(a) The facility permit is revised;
(b) The plan fails in an emergency;
(c) The facility changes--in its design, construction, operation,
maintenance, or other circumstances--in a way that materially increases
the potential for fires, explosions, or releases of hazardous waste or
hazardous waste constituents, or changes the response necessary in an
emergency;
(d) The list of emergency coordinators changes; or
(e) The list of emergency equipment changes.
[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 53
FR 37935, Sept. 28, 1988]
Sec. 264.55 Emergency coordinator.
At all times, there must be at least one employee either on the
facility premises or on call (i.e., available to respond to an emergency
by reaching the facility within a short period of time) with the
responsibility for coordinating all emergency response measures. This
emergency coordinator must be thoroughly familiar with all aspects of
the facility's contingency
[[Page 163]]
plan, all operations and activities at the facility, the location and
characteristics of waste handled, the location of all records within the
facility, and the facility layout. In addition, this person must have
the authority to commit the resources needed to carry out the
contingency plan.
[Comment: The emergency coordinator's responsibilities are more fully
spelled out in Sec. 264.56. Applicable responsibilities for the
emergency coordinator vary, depending on factors such as type and
variety of waste(s) handled by the facility, and type and complexity of
the facility.]
Sec. 264.56 Emergency procedures.
(a) Whenever there is an imminent or actual emergency situation, the
emergency coordinator (or his designee when the emergency coordinator is
on call) must immediately:
(1) Activate internal facility alarms or communication systems,
where applicable, to notify all facility personnel; and
(2) Notify appropriate State or local agencies with designated
response roles if their help is needed.
(b) Whenever there is a release, fire, or explosion, the emergency
coordinator must immediately identify the character, exact source,
amount, and areal extent of any released materials. He may do this by
observation or review of facility records or manifests, and, if
necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator must assess possible
hazards to human health or the environment that may result from the
release, fire, or explosion. This assessment must consider both direct
and indirect effects of the release, fire, or explosion (e.g., the
effects of any toxic, irritating, or asphyxiating gases that are
generated, or the effects of any hazardous surface water run-off from
water or chemical agents used to control fire and heat-induced
explosions).
(d) If the emergency coordinator determines that the facility has
had a release, fire, or explosion which could threaten human health, or
the environment, outside the facility, he must report his findings as
follows:
(1) If his assessment indicates that evacuation of local areas may
be advisable, he must immediately notify appropriate local authorities.
He must be available to help appropriate officials decide whether local
areas should be evacuated; and
(2) He must immediately notify either the government official
designated as the on-scene coordinator for that geographical area, (in
the applicable regional contingency plan under part 1510 of this title)
or the National Response Center (using their 24-hour toll free number
800/424-8802). The report must include:
(i) Name and telephone number of reporter;
(ii) Name and address of facility;
(iii) Time and type of incident (e.g., release, fire);
(iv) Name and quantity of material(s) involved, to the extent known;
(v) The extent of injuries, if any; and
(vi) The possible hazards to human health, or the environment,
outside the facility.
(e) During an emergency, the emergency coordinator must take all
reasonable measures necessary to ensure that fires, explosions, and
releases do not occur, recur, or spread to other hazardous waste at the
facility. These measures must include, where applicable, stopping
processes and operations, collecting and containing release waste, and
removing or isolating containers.
(f) If the facility stops operations in response to a fire,
explosion, or release, the emergency coordinator must monitor for leaks,
pressure buildup, gas generation, or ruptures in valves, pipes, or other
equipment, wherever this is appropriate.
(g) Immediately after an emergency, the emergency coordinator must
provide for treating, storing, or disposing of recovered waste,
contaminated soil or surface water, or any other material that results
from a release, fire, or explosion at the facility.
[Comment: Unless the owner or operator can demonstrate, in accordance
with Sec. 261.3(c) or (d) of this chapter, that the recovered material
is not a hazardous waste, the owner or operator becomes a generator of
hazardous waste and must manage it in accordance with all applicable
requirements of parts 262, 263, and 264 of this chapter.]
[[Page 164]]
(h) The emergency coordinator must ensure that, in the affected
area(s) of the facility:
(1) No waste that may be incompatible with the released material is
treated, stored, or disposed of until cleanup procedures are completed;
and
(2) All emergency equipment listed in the contingency plan is
cleaned and fit for its intended use before operations are resumed.
(i) The owner or operator must notify the Regional Administrator,
and appropriate State and local authorities, that the facility is in
compliance with paragraph (h) of this section before operations are
resumed in the affected area(s) of the facility.
(j) The owner or operator must note in the operating record the
time, date, and details of any incident that requires implementing the
contingency plan. Within 15 days after the incident, he must submit a
written report on the incident to the Regional Administrator. The report
must include:
(1) Name, address, and telephone number of the owner or operator;
(2) Name, address, and telephone number of the facility;
(3) Date, time, and type of incident (e.g., fire, explosion);
(4) Name and quantity of material(s) involved;
(5) The extent of injuries, if any;
(6) An assessment of actual or potential hazards to human health or
the environment, where this is applicable; and
(7) Estimated quantity and disposition of recovered material that
resulted from the incident.
[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
Subpart E--Manifest System, Recordkeeping, and Reporting
Sec. 264.70 Applicability.
The regulations in this subpart apply to owners and operators of
both on-site and off-site facilities, except as Sec. 264.1 provides
otherwise. Sections 264.71, 264.72, and 264.76 do not apply to owners
and operators of on-site facilities that do not receive any hazardous
waste from off-site sources. Section 264.73(b) only applies to
permittees who treat, store, or dispose of hazardous wastes on-site
where such wastes were generated.
[50 FR 28746, July 15, 1985]
Sec. 264.71 Use of manifest system.
(a) If a facility receives hazardous waste accompanied by a
manifest, the owner or operator, or his agent, must:
(1) Sign and date each copy of the manifest to certify that the
hazardous waste covered by the manifest was received;
(2) Note any significant discrepancies in the manifest (as defined
in Sec. 264.72(a)) on each copy of the manifest;
[Comment: The Agency does not intend that the owner or operator of a
facility whose procedures under Sec. 264.13(c) include waste analysis
must perform that analysis before signing the manifest and giving it to
the transporter. Section 264.72(b), however, requires reporting an
unreconciled discrepancy discovered during later analysis.]
(3) Immediately give the transporter at least one copy of the signed
manifest;
(4) Within 30 days after the delivery, send a copy of the manifest
to the generator; and
(5) Retain at the facility a copy of each manifest for at least
three years from the date of delivery.
(b) If a facility receives, from a rail or water (bulk shipment)
transporter, hazardous waste which is accompanied by a shipping paper
containing all the information required on the manifest (excluding the
EPA identification numbers, generator's certification, and signatures),
the owner or operator, or his agent, must:
(1) Sign and date each copy of the manifest or shipping paper (if
the manifest has not been received) to certify that the hazardous waste
covered by the manifest or shipping paper was received;
(2) Note any significant discrepancies (as defined in
Sec. 264.72(a)) in the manifest or shipping paper (if the manifest
[[Page 165]]
has not been received) on each copy of the manifest or shipping paper.
[Comment: The Agency does not intend that the owner or operator of a
facility whose procedures under Sec. 264.13(c) include waste analysis
must perform that analysis before signing the shipping paper and giving
it to the transporter. Section 264.72(b), however, requires reporting an
unreconciled discrepancy discovered during later analysis.]
(3) Immediately give the rail or water (bulk shipment) transporter
at least one copy of the manifest or shipping paper (if the manifest has
not been received);
(4) Within 30 days after the delivery, send a copy of the signed and
dated manifest to the generator; however, if the manifest has not been
received within 30 days after delivery, the owner or operator, or his
agent, must send a copy of the shipping paper signed and dated to the
generator; and
[Comment: Section 262.23(c) of this chapter requires the generator to
send three copies of the manifest to the facility when hazardous waste
is sent by rail or water (bulk shipment).]
(5) Retain at the facility a copy of the manifest and shipping paper
(if signed in lieu of the manifest at the time of delivery) for at least
three years from the date of delivery.
(c) Whenever a shipment of hazardous waste is initiated from a
facility, the owner or operator of that facility must comply with the
requirements of part 262 of this chapter.
[Comment: The provisions of Sec. 262.34 are applicable to the on-site
accumulation of hazardous wastes by generators. Therefore, the
provisions of Sec. 262.34 only apply to owners or operators who are
shipping hazardous waste which they generated at that facility.]
(d) Within three working days of the receipt of a shipment subject
to 40 CFR part 262, subpart H, the owner or operator of the facility
must provide a copy of the tracking document bearing all required
signatures to the notifier, to the Office of Enforcement and Compliance
Assurance, Office of Compliance, Enforcement Planning, Targeting and
Data Division (2222A), Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460, and to competent authorities of all other
concerned countries. The original copy of the tracking document must be
maintained at the facility for at least three years from the date of
signature.
[45 FR 33221, May 19, 1980, as amended at 45 FR 86970, 86974, Dec. 31,
1980; 61 FR 16315, Apr. 12, 1996]
Effective Date Note: At 61 FR 16315, Apr. 12, 1996, Sec. 264.71(d)
was added, effective July 11, 1996.
Sec. 264.72 Manifest discrepancies.
(a) Manifest discrepancies are differences between the quantity or
type of hazardous waste designated on the manifest or shipping paper,
and the quantity or type of hazardous waste a facility actually
receives. Significant discrepancies in quantity are:
(1) For bulk waste, variations greater than 10 percent in weight,
and (2) for batch waste, any variation in piece count, such as a
discrepancy of one drum in a truckload. Significant discrepancies in
type are obvious differences which can be discovered by inspection or
waste analysis, such as waste solvent substituted for waste acid, or
toxic constituents not reported on the manifest or shipping paper.
(b) Upon discovering a significant discrepancy, the owner or
operator must attempt to reconcile the discrepancy with the waste
generator or transporter (e.g., with telephone conversations). If the
discrepancy is not resolved within 15 days after receiving the waste,
the owner or operator must immediately submit to the Regional
Administrator a letter describing the discrepancy and attempts to
reconcile it, and a copy of the manifest or shipping paper at issue.
[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
Sec. 264.73 Operating record.
(a) The owner or operator must keep a written operating record at
his facility.
(b) The following information must be recorded, as it becomes
available, and maintained in the operating record until closure of the
facility:
(1) A description and the quantity of each hazardous waste received,
and the method(s) and date(s) of its treatment, storage, or disposal at
the facility as required by appendix I;
[[Page 166]]
(2) The location of each hazardous waste within the facility and the
quantity at each location. For disposal facilities, the location and
quantity of each hazardous waste must be recorded on a map or diagram of
each cell or disposal area. For all facilities, this information must
include cross-references to specific manifest document numbers, if the
waste was accompanied by a manifest;
[Comment: See Sec. 264.119 for related requirements.]
(3) Records and results of waste analyses and waste determinations
performed as specified in Secs. 264.13, 264.17, 264.314, 264.341,
264.1034, 264.1063, 264.1083, 268.4(a), and 268.7 of this chapter.
(4) Summary reports and details of all incidents that require
implementing the contingency plan as specified in Sec. 264.56(j);
(5) Records and results of inspections as required by Sec. 264.15(d)
(except these data need be kept only three years);
(6) Monitoring, testing or analytical data, and corrective action
where required by subpart F of this part and Secs. 264.19, 264.191,
264.193, 264.195, 264.222, 264.223, 264.226, 264.252 through 264.254,
264.276, 264.278, 264.280, 264.302 through 264.304, 264.309, 264.347,
264.602, 264.1034(c) through 264.304(f), 264.1035, 264.1063(d) through
264.1063(i), 264.1064, 264.1088, 264.1089, and 264.1091.
(7) For off-site facilities, notices to generators as specified in
Sec. 264.12(b); and
(8) All closure cost estimates under Sec. 264.142, and, for disposal
facilities, all post-closure cost estimates under Sec. 264.144.
(9) A certification by the permittee no less often than annually,
that the permittee has a program in place to reduce the volume and
toxicity of hazardous waste that he generates to the degree determined
by the permittee to be economically practicable; and the proposed method
of treatment, storage or disposal is that practicable method currently
available to the permittee which minimizes the present and future threat
to human health and the environment.
(10) Records of the quantities (and date of placement) for each
shipment of hazardous waste placed in land disposal units under an
extension to the effective date of any land disposal restriction granted
pursuant to Sec. 268.5, a petition pursuant to Sec. 268.6, or a
certification under Sec. 268.8, and the applicable notice required by a
generator under Sec. 268.7(a);
(11) For an off-site treatment facility, a copy of the notice, and
the certification and demonstration, if applicable, required by the
generator or the owner or operator under Sec. 268.7 or Sec. 268.8;
(12) For an on-site treatment facility, the information contained in
the notice (except the manifest number), and the certification and
demonstration if applicable, required by the generator or the owner or
operator under Sec. 268.7 or Sec. 268.8;
(13) For an off-site land disposal facility, a copy of the notice,
and the certification and demonstration if applicable, required by the
generator or the owner or operator of a treatment facility under
Secs. 268.7 and 268.8, whichever is applicable; and
(14) For an on-site land disposal facility, the information
contained in the notice required by the generator or owner or operator
of a treatment facility under Sec. 268.7, except for the manifest
number, and the certification and demonstration if applicable, required
under Sec. 268.8, whichever is applicable.
(15) For an off-site storage facility, a copy of the notice, and the
certification and demonstration if applicable, required by the generator
or the owner or operator under Sec. 268.7 or Sec. 268.8; and
(16) For an on-site storage facility, the information contained in
the notice (except the manifest number), and the certification and
demonstration if applicable, required by the generator or the owner or
operator under Sec. 268.7 or Sec. 268.8.
[45 FR 33221, May 19, 1980, as amended at 46 FR 2849, Jan. 12, 1981; 46
FR 7678, Jan. 23, 1981; 50 FR 4514, Jan. 31, 1985; 50 FR 18374, Apr. 30,
1985; 50 FR 28746, July 15, 1985; 51 FR 40637, Nov. 7, 1986; 52 FR
21016, June 4, 1987; 53 FR 31211, Aug. 17, 1988; 54 FR 26647, June 23,
1989; 55 FR 25494, June 21, 1990; 57 FR 3487, Jan. 29, 1992; 59 FR
62926, Dec. 6, 1994]
Effective Date Note: At 59 FR 62926, Dec. 6, 1994, Sec. 264.73 was
amended by revising paragraphs (b)(3) and (b)(6). At 60 FR 26828, May
19, 1995, the effective date was delayed to
[[Page 167]]
Dec. 6, 1995; at 60 FR 56952, Nov. 13, 1995, the effective date was
delayed to June 6, 1996; and at 61 FR 28508, June 5, 1996, the effective
date was further delayed to Oct. 6, 1996. For the convenience of the
reader, the superseded material is set forth as follows:
Sec. 264.73 Operating record.
* * * * *
(b) * * *
(3) Records and results of waste analyses performed as specified in
Secs. 264.13, 264.17, 264.314, 264.341, 264.1034, 264.1063, 268.4(a),
and 268.7 of this chapter.
* * * * *
(6) Monitoring, testing or analytical data, and corrective action
where required by subpart F and Secs. 264.19, 264.191, 264.193, 264.195,
264.222, 264.223, 264.226, 264.252-264.254, 264.276, 264.278, 264.280,
264.302-264.304, 264.309, 264.347, 264.602, 264.1034(c)-264.1034(f),
264.1035, 264.1063(d)-264.1063(i), and 264.1064.
* * * * *
Sec. 264.74 Availability, retention, and disposition of records.
(a) All records, including plans, required under this part must be
furnished upon request, and made available at all reasonable times for
inspection, by any officer, employee, or representative of EPA who is
duly designated by the Administrator.
(b) The retention period for all records required under this part is
extended automatically during the course of any unresolved enforcement
action regarding the facility or as requested by the Administrator.
(c) A copy of records of waste disposal locations and quantities
under Sec. 264.73(b)(2) must be submitted to the Regional Administrator
and local land authority upon closure of the facility.
Sec. 264.75 Biennial report.
The owner or operator must prepare and submit a single copy of a
biennial report to the Regional Administrator by March 1 of each even
numbered year. The biennial report must be submitted on EPA form 8700-
13B. The report must cover facility activities during the previous
calendar year and must include:
(a) The EPA identification number, name, and address of the
facility;
(b) The calendar year covered by the report;
(c) For off-site facilities, the EPA identification number of each
hazardous waste generator from which the facility received a hazardous
waste during the year; for imported shipments, the report must give the
name and address of the foreign generator;
(d) A description and the quantity of each hazardous waste the
facility received during the year. For off-site facilities, this
information must be listed by EPA identification number of each
generator;
(e) The method of treatment, storage, or disposal for each hazardous
waste;
(f) [Reserved]
(g) The most recent closure cost estimate under Sec. 264.142, and,
for disposal facilities, the most recent post-closure cost estimate
under Sec. 264.144; and
(h) For generators who treat, store, or dispose of hazardous waste
on-site, a description of the efforts undertaken during the year to
reduce the volume and toxicity of waste generated.
(i) For generators who treat, store, or dispose of hazardous waste
on-site, a description of the changes in volume and toxicity of waste
actually achieved during the year in comparison to previous years to the
extent such information is available for the years prior to 1984.
(j) The certification signed by the owner or operator of the
facility or his authorized representative.
[45 FR 33221, May 19, 1980, as amended at 46 FR 2849, Jan. 12, 1981; 48
FR 3982, Jan. 28, 1983; 50 FR 4514, Jan. 31, 1985; 51 FR 28556, Aug. 8,
1986]
Sec. 264.76 Unmanifested waste report.
If a facility accepts for treatment, storage, or disposal any
hazardous waste from an off-site source without an accompanying
manifest, or without an accompanying shipping paper as described in
Sec. 263.20(e)(2) of this chapter, and if the waste is not excluded from
the manifest requirement by Sec. 261.5 of this chapter, then the owner
or operator must prepare and submit a single copy of a report to the
Regional Administrator within fifteen days after receiving the waste.
The unmanifested waste report must be submitted on EPA form 8700-13B.
Such report must
[[Page 168]]
be designated `Unmanifested Waste Report' and include the following
information:
(a) The EPA identification number, name, and address of the
facility;
(b) The date the facility received the waste;
(c) The EPA identification number, name, and address of the
generator and the transporter, if available;
(d) A description and the quantity of each unmanifested hazardous
waste and facility received;
(e) The method of treatment, storage, or disposal for each hazardous
waste;
(f) The certification signed by the owner or operator of the
facility or his authorized representative; and
(g) A brief explanation of why the waste was unmanifested, if known.
[Comment: Small quantities of hazardous waste are excluded from
regulation under this part and do not require a manifest. Where a
facility receives unmanifested hazardous wastes, the Agency suggests
that the owner or operator obtain from each generator a certification
that the waste qualifies for exclusion. Otherwise, the Agency suggests
that the owner or operator file an unmanifested waste report for the
hazardous waste movement.]
[45 FR 33221, May 19, 1980, as amended at 48 FR 3982, Jan. 28, 1983; 50
FR 4514, Jan. 31, 1985]
Sec. 264.77 Additional reports.
In addition to submitting the biennial reports and unmanifested
waste reports described in Secs. 264.75 and 264.76, the owner or
operator must also report to the Regional Administrator:
(a) Releases, fires, and explosions as specified in Sec. 264.56(j);
(b) Facility closures specified in Sec. 264.115; and
(c) As otherwise required by subparts F, K through N, AA, BB, and CC
of this part.
[46 FR 2849, Jan. 12, 1981, as amended at 47 FR 32350, July 26, 1982; 48
FR 3982, Jan. 28, 1983; 55 FR 25494, June 21, 1990; 59 FR 62926, Dec. 6,
1994]
Effective Date Note: At 59 FR 62926, Dec. 6, 1994, Sec. 264.77 was
amended by revising paragraph (c). At 60 FR 26828, May 19, 1995, the
effective date was delayed to Dec. 6, 1995, at 60 FR 56952, Nov. 13,
1996, the effective date was delayed to June 6, 1996; and at 61 FR
28508, June 5, 1996; the effective date was further delayed to Oct. 6,
1996. For the convenience of the reader, the superseded material is set
forth as follows:
Sec. 264.77 Additional reports.
* * * * *
(c) As otherwise required by subparts F, K through N, AA, and BB.
* * * * *
Subpart F--Releases From Solid Waste Management Units
Source: 47 FR 32350, July 26, 1982, unless otherwise noted.
Sec. 264.90 Applicability.
(a)(1) Except as provided in paragraph (b) of this section, the
regulations in this subpart apply to owners or operators of facilities
that treat, store or dispose of hazardous waste. The owner or operator
must satisfy the requirements identified in paragraph (a)(2) of this
section for all wastes (or constituents thereof) contained in solid
waste management units at the facility, regardless of the time at which
waste was placed in such units.
(2) All solid waste management units must comply with the
requirements in Sec. 264.101. A surface impoundment, waste pile, and
land treatment unit or landfill that receives hazardous waste after July
26, 1982 (hereinafter referred to as a ``regulated unit'') must comply
with the requirements of Secs. 264.91 through 264.100 in lieu of
Sec. 264.101 for purposes of detecting, characterizing and responding to
releases to the uppermost aquifer. The financial responsibility
requirements of Sec. 264.101 apply to regulated units.
(b) The owner or operator's regulated unit or units are not subject
to regulation for releases into the uppermost aquifer under this subpart
if:
(1) The owner or operator is exempted under Sec. 264.1; or
(2) He operates a unit which the Regional Administrator finds:
(i) Is an engineered structure,
(ii) Does not receive or contain liquid waste or waste containing
free liquids,
(iii) Is designed and operated to exclude liquid, precipitation, and
other run-on and run-off,
[[Page 169]]
(iv) Has both inner and outer layers of containment enclosing the
waste,
(v) Has a leak detection system built into each containment layer,
(vi) The owner or operator will provide continuing operation and
maintenance of these leak detection systems during the active life of
the unit and the closure and post-closure care periods, and
(vii) To a reasonable degree of certainty, will not allow hazardous
constituents to migrate beyond the outer containment layer prior to the
end of the post-closure care period.
(3) The Regional Administrator finds, pursuant to Sec. 264.280(d),
that the treatment zone of a land treatment unit that qualifies as a
regulated unit does not contain levels of hazardous constituents that
are above background levels of those constituents by an amount that is
statistically significant, and if an unsaturated zone monitoring program
meeting the requirements of Sec. 264.278 has not shown a statistically
significant increase in hazardous constituents below the treatment zone
during the operating life of the unit. An exemption under this paragraph
can only relieve an owner or operator of responsibility to meet the
requirements of this subpart during the post-closure care period; or
(4) The Regional Administrator finds that there is no potential for
migration of liquid from a regulated unit to the uppermost aquifer
during the active life of the regulated unit (including the closure
period) and the post-closure care period specified under Sec. 264.117.
This demonstration must be certified by a qualified geologist or
geotechnical engineer. In order to provide an adequate margin of safety
in the prediction of potential migration of liquid, the owner or
operator must base any predictions made under this paragraph on
assumptions that maximize the rate of liquid migration.
(5) He designs and operates a pile in compliance with
Sec. 264.250(c).
(c) The regulations under this subpart apply during the active life
of the regulated unit (including the closure period). After closure of
the regulated unit, the regulations in this subpart:
(1) Do not apply if all waste, waste residues, contaminated
containment system components, and contaminated subsoils are removed or
decontaminated at closure;
(2) Apply during the post-closure care period under Sec. 264.117 if
the owner or operator is conducting a detection monitoring program under
Sec. 264.98; or
(3) Apply during the compliance period under Sec. 264.96 if the
owner or operator is conducting a compliance monitoring program under
Sec. 264.99 or a corrective action program under Sec. 264.100.
(d) Regulations in this subpart may apply to miscellaneous units
when necessary to comply with Secs. 264.601 through 264.603.
[47 FR 32350, July 26, 1982, as amended at 50 FR 28746, July 15, 1985;
52 FR 46963, Dec. 10, 1987]
Sec. 264.91 Required programs.
(a) Owners and operators subject to this subpart must conduct a
monitoring and response program as follows:
(1) Whenever hazardous constituents under Sec. 264.93 from a
regulated unit are detected at a compliance point under Sec. 264.95, the
owner or operator must institute a compliance monitoring program under
Sec. 264.99. Detected is defined as statistically significant evidence
of contamination as described in Sec. 264.98(f);
(2) Whenever the ground-water protection standard under Sec. 264.92
is exceeded, the owner or operator must institute a corrective action
program under Sec. 264.100. Exceeded is defined as statistically
significant evidence of increased contamination as described in
Sec. 264.99(d);
(3) Whenever hazardous constituents under Sec. 264.93 from a
regulated unit exceed concentration limits under Sec. 264.94 in ground
water between the compliance point under Sec. 264.95 and the
downgradient facility property boundary, the owner or operator must
institute a corrective action program under Sec. 264.100; or
(4) In all other cases, the owner or operator must institute a
detection monitoring program under Sec. 264.98.
(b) The Regional Administrator will specify in the facility permit
the specific elements of the monitoring and response program. The
Regional Administrator may include one or more of the programs
identified in paragraph
[[Page 170]]
(a) of this section in the facility permit as may be necessary to
protect human health and the environment and will specify the
circumstances under which each of the programs will be required. In
deciding whether to require the owner or operator to be prepared to
institute a particular program, the Regional Administrator will consider
the potential adverse effects on human health and the environment that
might occur before final administrative action on a permit modification
application to incorporate such a program could be taken.
[47 FR 32350, July 26, 1982, as amended at 53 FR 39728, Oct. 11, 1988]
Sec. 264.92 Ground-water protection standard.
The owner or operator must comply with conditions specified in the
facility permit that are designed to ensure that hazardous constituents
under Sec. 264.93 detected in the ground water from a regulated unit do
not exceed the concentration limits under Sec. 264.94 in the uppermost
aquifer underlying the waste management area beyond the point of
compliance under Sec. 264.95 during the compliance period under
Sec. 264.96. The Regional Administrator will establish this ground-water
protection standard in the facility permit when hazardous constituents
have been detected in the ground water.
[53 FR 39728, Oct. 11, 1988]
Sec. 264.93 Hazardous constituents.
(a) The Regional Administrator will specify in the facility permit
the hazardous constituents to which the ground-water protection standard
of Sec. 264.92 applies. Hazardous constituents are constituents
identified in appendix VIII of part 261 of this chapter that have been
detected in ground water in the uppermost aquifer underlying a regulated
unit and that are reasonably expected to be in or derived from waste
contained in a regulated unit, unless the Regional Administrator has
excluded them under paragraph (b) of this section.
(b) The Regional Administrator will exclude an appendix VIII
constituent from the list of hazardous constituents specified in the
facility permit if he finds that the constituent is not capable of
posing a substantial present or potential hazard to human health or the
environment. In deciding whether to grant an exemption, the Regional
Administrator will consider the following:
(1) Potential adverse effects on ground-water quality, considering:
(i) The physical and chemical characteristics of the waste in the
regulated unit, including its potential for migration;
(ii) The hydrogeological characteristics of the facility and
surrounding land;
(iii) The quantity of ground water and the direction of ground-water
flow;
(iv) The proximity and withdrawal rates of ground-water users;
(v) The current and future uses of ground water in the area;
(vi) The existing quality of ground water, including other sources
of contamination and their cumulative impact on the ground-water
quality;
(vii) The potential for health risks caused by human exposure to
waste constituents;
(viii) The potential damage to wildlife, crops, vegetation, and
physical structures caused by exposure to waste constituents;
(ix) The persistence and permanence of the potential adverse
effects; and
(2) Potential adverse effects on hydraulically-connected surface
water quality, considering:
(i) The volume and physical and chemical characteristics of the
waste in the regulated unit;
(ii) The hydrogeological characteristics of the facility and
surrounding land;
(iii) The quantity and quality of ground water, and the direction of
ground-water flow;
(iv) The patterns of rainfall in the region;
(v) The proximity of the regulated unit to surface waters;
(vi) The current and future uses of surface waters in the area and
any water quality standards established for those surface waters;
(vii) The existing quality of surface water, including other sources
of contamination and the cumulative impact on surface-water quality;
[[Page 171]]
(viii) The potential for health risks caused by human exposure to
waste constituents;
(ix) The potential damage to wildlife, crops, vegetation, and
physical structures caused by exposure to waste constituents; and
(x) The persistence and permanence of the potential adverse effects.
(c) In making any determination under paragraph (b) of this section
about the use of ground water in the area around the facility, the
Regional Administrator will consider any identification of underground
sources of drinking water and exempted aquifers made under Sec. 144.8 of
this chapter.
[47 FR 32350, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983]
Sec. 264.94 Concentration limits.
(a) The Regional Administrator will specify in the facility permit
concentration limits in the ground water for hazardous constituents
established under Sec. 264.93. The concentration of a hazardous
constituent:
(1) Must not exceed the background level of that constituent in the
ground water at the time that limit is specified in the permit; or
(2) For any of the constituents listed in Table 1, must not exceed
the respective value given in that table if the background level of the
constituent is below the value given in Table 1; or
Table 1--Maximum Concentration of Constituents for Ground-water
Protection
------------------------------------------------------------------------
Maximum
Constituent concentration \1\
------------------------------------------------------------------------
Arsenic.............................................. 0.05
Barium............................................... 1.0
Cadmium.............................................. 0.01
Chromium............................................. 0.05
Lead................................................. 0.05
Mercury.............................................. 0.002
Selenium............................................. 0.01
Silver............................................... 0.05
Endrin (1,2,3,4,10,10-hexachloro-1,7-epoxy-
1,4,4a,5,6,7,8,9a-octahydro-1, 4-endo, endo-5,8-
dimethano naphthalene).............................. 0.0002
Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma
isomer)............................................. 0.004
Methoxychlor (1,1,1-Trichloro-2,2-bis (p-
methoxyphenylethane)................................ 0.1
Toxaphene (C10H10Cl6, Technical chlorinated camphene,
67-69 percent chlorine)............................. 0.005
2,4-D (2,4-Dichlorophenoxyacetic acid)............... 0.1
2,4,5-TP Silvex (2,4,5-Trichlorophenoxypropionic
acid)............................................... 0.01
------------------------------------------------------------------------
\1\ Milligrams per liter.
(3) Must not exceed an alternate limit established by the Regional
Administrator under paragraph (b) of this section.
(b) The Regional Administrator will establish an alternate
concentration limit for a hazardous constituent if he finds that the
constituent will not pose a substantial present or potential hazard to
human health or the environment as long as the alternate concentration
limit is not exceeded. In establishing alternate concentration limits,
the Regional Administrator will consider the following factors:
(1) Potential adverse effects on ground-water quality, considering:
(i) The physical and chemical characteristics of the waste in the
regulated unit, including its potential for migration;
(ii) The hydrogeological characteristics of the facility and
surrounding land;
(iii) The quantity of ground water and the direction of ground-water
flow;
(iv) The proximity and withdrawal rates of ground-water users;
(v) The current and future uses of ground water in the area;
(vi) The existing quality of ground water, including other sources
of contamination and their cumulative impact on the ground-water
quality;
(vii) The potential for health risks caused by human exposure to
waste constituents;
(viii) The potential damage to wildlife, crops, vegetation, and
physical structures caused by exposure to waste constituents;
(ix) The persistence and permanence of the potential adverse
effects; and
(2) Potential adverse effects on hydraulically-connected surface-
water quality, considering:
[[Page 172]]
(i) The volume and physical and chemical characteristics of the
waste in the regulated unit;
(ii) The hydrogeological characteristics of the facility and
surrounding land;
(iii) The quantity and quality of ground water, and the direction of
ground-water flow;
(iv) The patterns of rainfall in the region;
(v) The proximity of the regulated unit to surface waters;
(vi) The current and future uses of surface waters in the area and
any water quality standards established for those surface waters;
(vii) The existing quality of surface water, including other sources
of contamination and the cumulative impact on surface water quality;
(viii) The potential for health risks caused by human exposure to
waste constituents;
(ix) The potential damage to wildlife, crops, vegetation, and
physical structures caused by exposure to waste constituents; and
(x) The persistence and permanence of the potential adverse effects.
(c) In making any determination under paragraph (b) of this section
about the use of ground water in the area around the facility the
Regional Administrator will consider any identification of underground
sources of drinking water and exempted aquifers made under Sec. 144.8 of
this chapter.
[47 FR 32350, July 26, 1982, as amended at 48 FR 14294, Apr. 1, 1983]
Sec. 264.95 Point of compliance.
(a) The Regional Administrator will specify in the facility permit
the point of compliance at which the ground-water protection standard of
Sec. 264.92 applies and at which monitoring must be conducted. The point
of compliance is a vertical surface located at the hydraulically
downgradient limit of the waste management area that extends down into
the uppermost aquifer underlying the regulated units.
(b) The waste management area is the limit projected in the
horizontal plane of the area on which waste will be placed during the
active life of a regulated unit.
(1) The waste management area includes horizontal space taken up by
any liner, dike, or other barrier designed to contain waste in a
regulated unit.
(2) If the facility contains more than one regulated unit, the waste
management area is described by an imaginary line circumscribing the
several regulated units.
Sec. 264.96 Compliance period.
(a) The Regional Administrator will specify in the facility permit
the compliance period during which the ground-water protection standard
of Sec. 264.92 applies. The compliance period is the number of years
equal to the active life of the waste management area (including any
waste management activity prior to permitting, and the closure period.)
(b) The compliance period begins when the owner or operator
initiates a compliance monitoring program meeting the requirements of
Sec. 264.99.
(c) If the owner or operator is engaged in a corrective action
program at the end of the compliance period specified in paragraph (a)
of this section, the compliance period is extended until the owner or
operator can demonstrate that the ground-water protection standard of
Sec. 264.92 has not been exceeded for a period of three consecutive
years.
Sec. 264.97 General ground-water monitoring requirements.
The owner or operator must comply with the following requirements
for any ground-water monitoring program developed to satisfy
Sec. 264.98, Sec. 264.99, or Sec. 264.100:
(a) The ground-water monitoring system must consist of a sufficient
number of wells, installed at appropriate locations and depths to yield
ground-water samples from the uppermost aquifer that:
(1) Represent the quality of background water that has not been
affected by leakage from a regulated unit;
(i) A determination of background quality may include sampling of
wells that are not hydraulically upgradient of the waste management area
where:
[[Page 173]]
(A) Hydrogeologic conditions do not allow the owner or operator to
determine what wells are hydraulically upgradient; and
(B) Sampling at other wells will provide an indication of background
ground-water quality that is representative or more representative than
that provided by the upgradient wells; and
(2) Represent the quality of ground water passing the point of
compliance.
(3) Allow for the detection of contamination when hazardous waste or
hazardous constituents have migrated from the waste management area to
the uppermost aquifer.
(b) If a facility contains more than one regulated unit, separate
ground-water monitoring systems are not required for each regulated unit
provided that provisions for sampling the ground water in the uppermost
aquifer will enable detection and measurement at the compliance point of
hazardous constituents from the regulated units that have entered the
ground water in the uppermost aquifer.
(c) All monitoring wells must be cased in a manner that maintains
the integrity of the monitoring-well bore hole. This casing must be
screened or perforated and packed with gravel or sand, where necessary,
to enable collection of ground-water samples. The annular space (i.e.,
the space between the bore hole and well casing) above the sampling
depth must be sealed to prevent contamination of samples and the ground
water.
(d) The ground-water monitoring program must include consistent
sampling and analysis procedures that are designed to ensure monitoring
results that provide a reliable indication of ground-water quality below
the waste management area. At a minimum the program must include
procedures and techniques for:
(1) Sample collection;
(2) Sample preservation and shipment;
(3) Analytical procedures; and
(4) Chain of custody control.
(e) The ground-water monitoring program must include sampling and
analytical methods that are appropriate for ground-water sampling and
that accurately measure hazardous constituents in ground-water samples.
(f) The ground-water monitoring program must include a determination
of the ground-water surface elevation each time ground water is sampled.
(g) In detection monitoring or where appropriate in compliance
monitoring, data on each hazardous constituent specified in the permit
will be collected from background wells and wells at the compliance
point(s). The number and kinds of samples collected to establish
background shall be appropriate for the form of statistical test
employed, following generally accepted statistical principles. The
sample size shall be as large as necessary to ensure with reasonable
confidence that a contaminant release to ground water from a facility
will be detected. The owner or operator will determine an appropriate
sampling procedure and interval for each hazardous constituent listed in
the facility permit which shall be specified in the unit permit upon
approval by the Regional Administrator. This sampling procedure shall
be:
(1) A sequence of at least four samples, taken at an interval that
assures, to the greatest extent technically feasible, that an
independent sample is obtained, by reference to the uppermost aquifer's
effective porosity, hydraulic conductivity, and hydraulic gradient, and
the fate and transport characteristics of the potential contaminants, or
(2) an alternate sampling procedure proposed by the owner or
operator and approved by the Regional Administrator.
(h) The owner or operator will specify one of the following
statistical methods to be used in evaluating ground-water monitoring
data for each hazardous constituent which, upon approval by the Regional
Administrator, will be specified in the unit permit. The statistical
test chosen shall be conducted separately for each hazardous constituent
in each well. Where practical quantification limits (pql's) are used in
any of the following statistical procedures to comply with
Sec. 264.97(i)(5), the pql
[[Page 174]]
must be proposed by the owner or operator and approved by the Regional
Administrator. Use of any of the following statistical methods must be
protective of human health and the environment and must comply with the
performance standards outlined in paragraph (i) of this section.
(1) A parametric analysis of variance (ANOVA) followed by multiple
comparisons procedures to identify statistically significant evidence of
contamination. The method must include estimation and testing of the
contrasts between each compliance well's mean and the background mean
levels for each constituent.
(2) An analysis of variance (ANOVA) based on ranks followed by
multiple comparisons procedures to identify statistically significant
evidence of contamination. The method must include estimation and
testing of the contrasts between each compliance well's median and the
background median levels for each constituent.
(3) A tolerance or prediction interval procedure in which an
interval for each constituent is established from the distribution of
the background data, and the level of each constituent in each
compliance well is compared to the upper tolerance or prediction limit.
(4) A control chart approach that gives control limits for each
constituent.
(5) Another statistical test method submitted by the owner or
operator and approved by the Regional Administrator.
(i) Any statistical method chosen under Sec. 264.97(h) for
specification in the unit permit shall comply with the following
performance standards, as appropriate:
(1) The statistical method used to evaluate ground-water monitoring
data shall be appropriate for the distribution of chemical parameters or
hazardous constituents. If the distribution of the chemical parameters
or hazardous constituents is shown by the owner or operator to be
inappropriate for a normal theory test, then the data should be
transformed or a distribution-free theory test should be used. If the
distributions for the constituents differ, more than one statistical
method may be needed.
(2) If an individual well comparison procedure is used to compare an
individual compliance well constituent concentration with background
constituent concentrations or a ground-water protection standard, the
test shall be done at a Type I error level no less than 0.01 for each
testing period. If a multiple comparisons procedure is used, the Type I
experimentwise error rate for each testing period shall be no less than
0.05; however, the Type I error of no less than 0.01 for individual well
comparisons must be maintained. This performance standard does not apply
to tolerance intervals, prediction intervals or control charts.
(3) If a control chart approach is used to evaluate ground-water
monitoring data, the specific type of control chart and its associated
parameter values shall be proposed by the owner or operator and approved
by the Regional Administrator if he or she finds it to be protective of
human health and the environment.
(4) If a tolerance interval or a prediction interval is used to
evaluate groundwater monitoring data, the levels of confidence and, for
tolerance intervals, the percentage of the population that the interval
must contain, shall be proposed by the owner or operator and approved by
the Regional Administrator if he or she finds these parameters to be
protective of human health and the environment. These parameters will be
determined after considering the number of samples in the background
data base, the data distribution, and the range of the concentration
values for each constituent of concern.
(5) The statistical method shall account for data below the limit of
detection with one or more statistical procedures that are protective of
human health and the environment. Any practical quantification limit
(pql) approved by the Regional Administrator under Sec. 264.97(h) that
is used in the statistical method shall be the lowest concentration
level tha can be reliably achieved within specified limits of precision
and accuracy during routine laboratory operating conditions that are
available to the facility.
(6) If necessary, the statistical method shall include procedures to
control
[[Page 175]]
or correct for seasonal and spatial variability as well as temporal
correlation in the data.
(j) Ground-water monitoring data collected in accordance with
paragraph (g) of this section including actual levels of constituents
must be maintained in the facility operating record. The Regional
Administrator will specify in the permit when the data must be submitted
for review.
[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 53
FR 39728, Oct. 11, 1988]
Sec. 264.98 Detection monitoring program.
An owner or operator required to establish a detection monitoring
program under this subpart must, at a minimum, discharge the following
responsibilities:
(a) The owner or operator must monitor for indicator parameters
(e.g., specific conductance, total organic carbon, or total organic
halogen), waste constituents, or reaction products that provide a
reliable indication of the presence of hazardous constituents in ground
water. The Regional Administrator will specify the parameters or
constituents to be monitored in the facility permit, after considering
the following factors:
(1) The types, quantities, and concentrations of constituents in
wastes managed at the regulated unit;
(2) The mobility, stability, and persistance of waste constituents
or their reaction products in the unsaturated zone beneath the waste
management area;
(3) The detectability of indicator parameters, waste constituents,
and reaction products in ground water; and
(4) The concentrations or values and coefficients of variation of
proposed monitoring parameters or constituents in the ground-water
background.
(b) The owner or operator must install a ground-water monitoring
system at the compliance point as specified under Sec. 264.95. The
ground-water monitoring system must comply with Sec. 264.97(a)(2), (b),
and (c).
(c) The owner or operator must conduct a ground-water monitoring
program for each chemical parameter and hazardous constituent specified
in the permit pursuant to paragraph (a) of this section in accordance
with Sec. 264.97(g). The owner or operator must maintain a record of
ground-water analytical data as measured and in a form necessary for the
determination of statistical significance under Sec. 264.97(h).
(d) The Regional Administrator will specify the frequencies for
collecting samples and conducting statistical tests to determine whether
there is statistically significant evidence of contamination for any
parameter or hazardous constituent specified in the permit under
paragraph (a) of this section in accordance with Sec. 264.97(g). A
sequence of at least four samples from each well (background and
compliance wells) must be collected at least semi-annually during
detection monitoring.
(e) The owner or operator must determine the ground-water flow rate
and direction in the uppermost aquifer at least annually.
(f) The owner or operator must determine whether there is
statistically significant evidence of contamination for any chemical
parameter of hazardous constituent specified in the permit pursuant to
paragraph (a) of this section at a frequency specified under paragraph
(d) of this section.
(1) In determining whether statistically significant evidence of
contamination exists, the owner or operator must use the method(s)
specified in the permit under Sec. 264.97(h). These method(s) must
compare data collected at the compliance point(s) to the background
ground-water quality data.
(2) The owner or operator must determine whether there is
statistically significant evidence of contamination at each monitoring
well as the compliance point within a reasonable period of time after
completion of sampling. The Regional Administrator will specify in the
facility permit what period of time is reasonable, after considering the
complexity of the statistical test and the availability of laboratory
facilities to perform the analysis of ground-water samples.
(g) If the owner or operator determines pursuant to paragraph (f) of
this section that there is statistically significant evidence of
contamination for
[[Page 176]]
chemical parameters or hazardous constituents specified pursuant to
paragraph (a) of this section at any monitoring well at the compliance
point, he or she must:
(1) Notify the Regional Administrator of this finding in writing
within seven days. The notification must indicate what chemical
parameters or hazardous constituents have shown statistically
significant evidence of contamination;
(2) Immediately sample the ground water in all monitoring wells and
determine whether constituents in the list of appendix IX of part 264
are present, and if so, in what concentration.
(3) For any appendix IX compounds found in the analysis pursuant to
paragraph (g)(2) of this section, the owner or operator may resample
within one month and repeat the analysis for those compounds detected.
If the results of the second analysis confirm the initial results, then
these constituents will form the basis for compliance monitoring. If the
owner or operator does not resample for the compounds found pursuant to
paragraph (g)(2) of this section, the hazardous constituents found
during this initial appendix IX analysis will form the basis for
compliance monitoring.
(4) Within 90 days, submit to the Regional Administrator an
application for a permit modification to establish a compliance
monitoring program meeting the requirements of Sec. 264.99. The
application must include the following information:
(i) An identification of the concentration or any appendix IX
constituent detected in the ground water at each monitoring well at the
compliance point;
(ii) Any proposed changes to the ground-water monitoring system at
the facility necessary to meet the requirements of Sec. 264.99;
(iii) Any proposed additions or changes to the monitoring frequency,
sampling and analysis procedures or methods, or statistical methods used
at the facility necessary to meet the requirements of Sec. 264.99;
(iv) For each hazardous constituent detected at the compliance
point, a proposed concentration limit under Sec. 264.94(a) (1) or (2),
or a notice of intent to seek an alternate concentration limit under
Sec. 264.94(b); and
(5) Within 180 days, submit to the Regional Administrator:
(i) All data necessary to justify an alternate concentration limit
sought under Sec. 264.94(b); and
(ii) An engineering feasibility plan for a corrective action program
necessary to meet the requirement of Sec. 264.100, unless:
(A) All hazardous constituents identified under paragraph (g)(2) of
this section are listed in Table 1 of Sec. 264.94 and their
concentrations do not exceed the respective values given in that Table;
or
(B) The owner or operator has sought an alternate concentration
limit under Sec. 264.94(b) for every hazardous constituent identified
under paragraph (g)(2) of this section.
(6) If the owner or operator determines, pursuant to paragraph (f)
of this section, that there is a statistically significant difference
for chemical parameters or hazardous constituents specified pursuant to
paragraph (a) of this section at any monitoring well at the compliance
point, he or she may demonstrate that a source other than a regulated
unit caused the contamination or that the detection is an artifact
caused by an error in sampling, analysis, or statistical evaluation or
natural variation in the ground water. The owner operator may make a
demonstration under this paragraph in addition to, or in lieu of,
submitting a permit modification application under paragraph (g)(4) of
this section; however, the owner or operator is not relieved of the
requirement to submit a permit modification application within the time
specified in paragraph (g)(4) of this section unless the demonstration
made under this paragraph successfully shows that a source other than a
regulated unit caused the increase, or that the increase resulted from
error in sampling, analysis, or evaluation. In making a demonstration
under this paragraph, the owner or operator must:
[[Page 177]]
(i) Notify the Regional Administrator in writing within seven days
of determining statistically significant evidence of contamination at
the compliance point that he intends to make a demonstration under this
paragraph;
(ii) Within 90 days, submit a report to the Regional Administrator
which demonstrates that a source other than a regulated unit caused the
contamination or that the contamination resulted from error in sampling,
analysis, or evaluation;
(iii) Within 90 days, submit to the Regional Administrator an
application for a permit modification to make any appropriate changes to
the detection monitoring program facility; and
(iv) Continue to monitor in accordance with the detection monitoring
program established under this section.
(h) If the owner or operator determines that the detection
monitoring program no longer satisfies the requirements of this section,
he or she must, within 90 days, submit an application for a permit
modification to make any appropriate changes to the program.
[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 52
FR 25946, July 9, 1987; 53 FR 39729, Oct. 11, 1988]
Sec. 264.99 Compliance monitoring program.
An owner or operator required to establish a compliance monitoring
program under this subpart must, at a minimum, discharge the following
responsibilities:
(a) The owner or operator must monitor the ground water to determine
whether regulated units are in compliance with the ground-water
protection standard under Sec. 264.92. The Regional Administrator will
specify the ground-water protection standard in the facility permit,
including:
(1) A list of the hazardous constituents identified under
Sec. 264.93;
(2) Concentration limits under Sec. 264.94 for each of those
hazardous constituents;
(3) The compliance point under Sec. 264.95; and
(4) The compliance period under Sec. 264.96.
(b) The owner or operator must install a ground-water monitoring
system at the compliance point as specified under Sec. 264.95. The
ground-water monitoring system must comply with Sec. 264.97(a)(2), (b),
and (c).
(c) The Regional Administrator will specify the sampling procedures
and statistical methods appropriate for the constituents and the
facility, consistent with Sec. 264.97 (g) and (h).
(1) The owner or operator must conduct a sampling program for each
chemical parameter or hazardous constituent in accordance with
Sec. 264.97(g).
(2) The owner or operator must record ground-water analytical data
as measured and in form necessary for the determination of statistical
significance under Sec. 264.97(h) for the compliance period of the
facility.
(d) The owner or operator must determine whether there is
statistically significant evidence of increased contamination for any
chemical parameter or hazardous constituent specified in the permit,
pursuant to paragraph (a) of this section, at a frequency specified
under paragraph (f) under this section.
(1) In determining whether statistically significant evidence of
increased contamination exists, the owner or operator must use the
method(s) specified in the permit under Sec. 264.97(h). The methods(s)
must compare data collected at the compliance point(s) to a
concentration limit developed in accordance with Sec. 264.94.
(2) The owner or operator must determine whether there is
statistically significant evidence of increased contamination at each
monitoring well at the compliance point within a reasonable time period
after completion of sampling. The Regional Administrator will specify
that time period in the facility permit, after considering the
complexity of the statistical test and the availability of laboratory
facilities to perform the analysis of ground-water samples.
(e) The owner or operator must determine the ground-water flow rate
and direction in the uppermost aquifer at least annually.
(f) The Regional Administrator will specify the frequencies for
collecting samples and conducting statistical
[[Page 178]]
tests to determine statistically significant evidence of increased
contamination in accordance with Sec. 264.97(g). A sequence of at least
four samples from each well (background and compliance wells) must be
collected at least semi-annually during the compliance period of the
facility.
(g) The owner or operator must analyze samples from all monitoring
wells at the compliance point for all constituents contained in appendix
IX of part 264 at least annually to determine whether additional
hazardous constituents are present in the uppermost aquifer and, if so,
at what concentration, pursuant to procedures in Sec. 264.98(f). If the
owner or operator finds appendix IX constituents in the ground water
that are not already identified in the permit as monitoring
constituents, the owner or operator may resample within one month and
repeat the appendix IX analysis. If the second analysis confirms the
presence of new constituents, the owner or operator must report the
concentration of these additional constituents to the Regional
Administrator within seven days after the completion of the second
analysis and add them to the monitoring list. If the owner or operator
chooses not to resample, then he or she must report the concentrations
of these additional constituents to the Regional Administrator within
seven days after completion of the intiial analysis and add them to the
monitoring list.
(h) If the owner or operator determines pursuant to paragraph (d) of
this section that any concentration limits under Sec. 264.94 are being
exceeded at any monitoring well at the point of compliance he or she
must:
(1) Notify the Regional Administrator of this finding in writing
within seven days. The notification must indicate what concentration
limits have been exceeded.
(2) Submit to the Regional Administrator an application for a permit
modification to establish a corrective action program meeting the
requirements of Sec. 264.100 within 180 days, or within 90 days if an
engineering feasibility study has been previously submitted to the
Regional Administrator under Sec. 264.98(h)(5). The application must at
a minimum include the following information:
(i) A detailed description of corrective actions that will achieve
compliance with the ground-water protection standard specified in the
permit under paragraph (a) of this section; and
(ii) A plan for a ground-water monitoring program that will
demonstrate the effectiveness of the corrective action. Such a ground-
water monitoring program may be based on a compliance monitoring program
developed to meet the requirements of this section.
(i) If the owner or operator determines, pursuant to paragraph (d)
of this section, that the ground-water concentration limits under this
section are being exceeded at any monitoring well at the point of
compliance, he or she may demonstrate that a source other than a
regulated unit caused the contamination or that the detection is an
artifact caused by an error in sampling, analysis, or statistical
evaluation or natural variation in the ground water. In making a
demonstration under this paragraph, the owner or operator must:
(1) Notify the Regional Administrator in writing within seven days
that he intends to make a demonstration under this paragraph;
(2) Within 90 days, submit a report to the Regional Administrator
which demonstrates that a source other than a regulated unit caused the
standard to be exceeded or that the apparent noncompliance with the
standards resulted from error in sampling, analysis, or evaluation;
(3) Within 90 days, submit to the Regional Administrator an
application for a permit modification to make any appropriate changes to
the compliance monitoring program at the facility; and
(4) Continue to monitor in accord with the compliance monitoring
program established under this section.
(j) If the owner or operator determines that the compliance
monitoring program no longer satisfies the requirements of this section,
he must, within 90 days, submit an application
[[Page 179]]
for a permit modification to make any appropriate changes to the
program.
[47 FR 32350, July 26, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 52
FR 25946, July 9, 1987; 53 FR 39730, Oct. 11, 1988]
Sec. 264.100 Corrective action program.
An owner or operator required to establish a corrective action
program under this subpart must, at a minimum, discharge the following
responsibilities:
(a) The owner or operator must take corrective action to ensure that
regulated units are in compliance with the ground-water protection
standard under Sec. 264.92. The Regional Administrator will specify the
ground-water protection standard in the facility permit, including:
(1) A list of the hazardous constituents identified under
Sec. 264.93;
(2) Concentration limits under Sec. 264.94 for each of those
hazardous constituents;
(3) The compliance point under Sec. 264.95; and
(4) The compliance period under Sec. 264.96.
(b) The owner or operator must implement a corrective action program
that prevents hazardous constituents from exceeding their respective
concentration limits at the compliance point by removing the hazardous
waste constituents or treating them in place. The permit will specify
the specific measures that will be taken.
(c) The owner or operator must begin corrective action within a
reasonable time period after the ground-water protection standard is
exceeded. The Regional Administrator will specify that time period in
the facility permit. If a facility permit includes a corrective action
program in addition to a compliance monitoring program, the permit will
specify when the corrective action will begin and such a requirement
will operate in lieu of Sec. 264.99(i)(2).
(d) In conjunction with a corrective action program, the owner or
operator must establish and implement a ground-water monitoring program
to demonstrate the effectiveness of the corrective action program. Such
a monitoring program may be based on the requirements for a compliance
monitoring program under Sec. 264.99 and must be as effective as that
program in determining compliance with the ground-water protection
standard under Sec. 264.92 and in determining the success of a
corrective action program under paragraph (e) of this section, where
appropriate.
(e) In addition to the other requirements of this section, the owner
or operator must conduct a corrective action program to remove or treat
in place any hazardous constituents under Sec. 264.93 that exceed
concentration limits under Sec. 264.94 in groundwater:
(1) Between the compliance point under Sec. 264.95 and the
downgradient property boundary; and
(2) Beyond the facility boundary, where necessary to protect human
health and the environment, unless the owner or operator demonstrates to
the satisfaction of the Regional Administrator that, despite the owner's
or operator's best efforts, the owner or operator was unable to obtain
the necessary permission to undertake such action. The owner/operator is
not relieved of all responsibility to clean up a release that has
migrated beyond the facility boundary where off-site access is denied.
On-site measures to address such releases will be determined on a case-
by-case basis.
(3) Corrective action measures under this paragraph must be
initiated and completed within a reasonable period of time considering
the extent of contamination.
(4) Corrective action measures under this paragraph may be
terminated once the concentration of hazardous constituents under
Sec. 264.93 is reduced to levels below their respective concentration
limits under Sec. 264.94.
(f) The owner or operator must continue corrective action measures
during the compliance period to the extent necessary to ensure that the
ground-water protection standard is not exceeded. If the owner or
operator is conducting corrective action at the end of the compliance
period, he must continue that corrective action for as long as necessary
to achieve compliance with the ground-water protection standard. The
owner or operator may terminate corrective action measures taken beyond
the period equal to the
[[Page 180]]
active life of the waste management area (including the closure period)
if he can demonstrate, based on data from the ground-water monitoring
program under paragraph (d) of this section, that the ground-water
protection standard of Sec. 264.92 has not been exceeded for a period of
three consecutive years.
(g) The owner or operator must report in writing to the Regional
Administrator on the effectiveness of the corrective action program. The
owner or operator must submit these reports semi-annually.
(h) If the owner or operator determines that the corrective action
program no longer satisfies the requirements of this section, he must,
within 90 days, submit an application for a permit modification to make
any appropriate changes to the program.
[47 FR 32350, July 26, 1985, as amended at 50 FR 4514, Jan. 31, 1985; 52
FR 45798, Dec. 1, 1987]
Sec. 264.101 Corrective action for solid waste management units.
(a) The owner or operator of a facility seeking a permit for the
treatment, storage or disposal of hazardous waste must institute
corrective action as necessary to protect human health and the
environment for all releases of hazardous waste or constituents from any
solid waste management unit at the facility, regardless of the time at
which waste was placed in such unit.
(b) Corrective action will be specified in the permit in accordance
with this section and subpart S of this part. The permit will contain
schedules of compliance for such corrective action (where such
corrective action cannot be completed prior to issuance of the permit)
and assurances of financial responsibility for completing such
corrective action.
(c) The owner or operator must implement corrective actions beyond
the facility property boundary, where necessary to protect human health
and the environment, unless the owner or operator demonstrates to the
satisfaction of the Regional Administrator that, despite the owner's or
operator's best efforts, the owner or operator was unable to obtain the
necessary permission to undertake such actions. The owner/operator is
not relieved of all responsibility to clean up a release that has
migrated beyond the facility boundary where off-site access is denied.
On-site measures to address such releases will be determined on a case-
by-case basis. Assurances of financial responsibility for such
corrective action must be provided.
[50 FR 28747, July 15, 1985, as amended at 52 FR 45798, Dec. 1, 1987; 58
FR 8683, Feb. 16, 1993]
Subpart G--Closure and Post-Closure
Source: 51 FR 16444, May 2, 1986, unless otherwise noted.
Sec. 264.110 Applicability.
Except as Sec. 264.1 provides otherwise:
(a) Sections 264.111 through 264.115 (which concern closure) apply
to the owners and operators of all hazardous waste management
facilities; and
(b) Sections 264.116 through 264.120 (which concern post-closure
care) apply to the owners and operators of:
(1) All hazardous waste disposal facilities;
(2) Waste piles and surface impoundments from which the owner or
operator intends to remove the wastes at closure to the extent that
these sections are made applicable to such facilities in Sec. 264.228 or
Sec. 264.258;
(3) Tank systems that are required under Sec. 264.197 to meet the
requirements for landfills; and
(4) Containment buildings that are required under Sec. 264.1102 to
meet the requirement for landfills.
[51 FR 16444, May 2, 1986, as amended at 51 FR 25472, July 14, 1986; 57
FR 37264, Aug. 18, 1992]
Sec. 264.111 Closure performance standard.
The owner or operator must close the facility in a manner that:
(a) Minimizes the need for further maintenance; and
(b) Controls, minimizes or eliminates, to the extent necessary to
protect human health and the environment, post-closure escape of
hazardous waste, hazardous constituents, leachate, contaminated run-off,
or hazardous waste decomposition products to
[[Page 181]]
the ground or surface waters or to the atmosphere; and
(c) Complies with the closure requirements of this subpart,
including, but not limited to, the requirements of Secs. 264.178,
264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 264.601 through
264.603, and 264.1102.
[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 57
FR 37265, Aug. 18, 1992]
Sec. 264.112 Closure plan; amendment of plan.
(a) Written plan. (1) The owner or operator of a hazardous waste
management facility must have a written closure plan. In addition,
certain surface impoundments and waste piles from which the owner or
operator intends to remove or decontaminate the hazardous waste at
partial or final closure are required by Secs. 264.228(c)(1)(i) and
264.258(c)(1)(i) to have contingent closure plans. The plan must be
submitted with the permit application, in accordance with
Sec. 270.14(b)(13) of this chapter, and approved by the Regional
Administrator as part of the permit issuance procedures under part 124
of this chapter. In accordance with Sec. 270.32 of this chapter, the
approved closure plan will become a condition of any RCRA permit.
(2) The Director's approval of the plan must ensure that the
approved closure plan is consistent with Secs. 264.111 through 264.115
and the applicable requirements of subpart F of this part,
Secs. 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351,
264.601, and 264.1102. Until final closure is completed and certified in
accordance with Sec. 264.115, a copy of the approved plan and all
approved revisions must be furnished to the Director upon request,
including requests by mail.
(b) Content of plan. The plan must identify steps necessary to
perform partial and/or final closure of the facility at any point during
its active life. The closure plan must include, at least:
(1) A description of how each hazardous waste management unit at the
facility will be closed in accordance with Sec. 264.111;
(2) A description of how final closure of the facility will be
conducted in accordance with Sec. 264.111. The description must identify
the maximum extent of the operations which will be unclosed during the
active life of the facility; and
(3) An estimate of the maximum inventory of hazardous wastes ever
on-site over the active life of the facility and a detailed description
of the methods to be used during partial closures and final closure,
including, but not limited to, methods for removing, transporting,
treating, storing, or disposing of all hazardous wastes, and
identification of the type(s) of the off-site hazardous waste management
units to be used, if applicable; and
(4) A detailed description of the steps needed to remove or
decontaminate all hazardous waste residues and contaminated containment
system components, equipment, structures, and soils during partial and
final closure, 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 required to satisfy the closure performance standard;
and
(5) A detailed description of other activities necessary during the
closure period to ensure that all partial closures and final closure
satisfy the closure performance standards, including, but not limited
to, ground-water monitoring, leachate collection, and run-on and run-off
control; and
(6) A schedule for closure of each hazardous waste management unit
and for final closure of the facility. The schedule must include, at a
minimum, the total time required to close each hazardous waste
management unit and the time required for intervening closure activities
which will allow tracking of the progress of partial and final closure.
(For example, in the case of a landfill unit, estimates of the time
required to treat or dispose of all hazardous waste inventory and of the
time required to place a final cover must be included.)
(7) For facilities that use trust funds to establish financial
assurance under Sec. 264.143 or Sec. 264.145 and that are expected to
close prior to the expiration of the permit, an estimate of the expected
year of final closure.
[[Page 182]]
(c) Amendment of plan. The owner or operator must submit a written
notification of or request for a permit modification to authorize a
change in operating plans, facility design, or the approved closure plan
in accordance with the applicable procedures in parts 124 and 270. The
written notification or request must include a copy of the amended
closure plan for review or approval by the Regional Administrator.
(1) The owner or operator may submit a written notification or
request to the Regional Administrator for a permit modification to amend
the closure plan at any time prior to the notification of partial or
final closure of the facility.
(2) The owner or operator must submit a written notification of or
request for a permit modification to authorize a change in the approved
closure plan whenever:
(i) Changes in operating plans or facility design affect the closure
plan, or
(ii) There is a change in the expected year of closure, if
applicable, or
(iii) In conducting partial or final closure activities, unexpected
events require a modification of the approved closure plan.
(3) The owner or operator must submit a written request for a permit
modification including a copy of the amended closure plan for approval
at least 60 days prior to the proposed change in facility design or
operation, or no later than 60 days after an unexpected event has
occurred which has affected the closure plan. If an unexpected event
occurs during the partial or final closure period, the owner or operator
must request a permit modification no later than 30 days after the
unexpected event. An owner or operator of a surface impoundment or waste
pile that intends to remove all hazardous waste at closure and is not
otherwise required to prepare a contingent closure plan under
Sec. 264.228(c)(1)(i) or Sec. 264.258(c)(1)(i), must submit an amended
closure plan to the Regional Administrator no later than 60 days from
the date that the owner or operator or Regional Administrator determines
that the hazardous waste management unit must be closed as a landfill,
subject to the requirements of Sec. 264.310, or no later than 30 days
from that date if the determination is made during partial or final
closure. The Regional Administrator will approve, disapprove, or modify
this amended plan in accordance with the procedures in parts 124 and
270. In accordance with Sec. 270.32 of this chapter, the approved
closure plan will become a condition of any RCRA permit issued.
(4) The Regional Administrator may request modifications to the plan
under the conditions described in Sec. 264.112(c)(2). The owner or
operator must submit the modified plan within 60 days of the Regional
Administrator's request, or within 30 days if the change in facility
conditions occurs during partial or final closure. Any modifications
requested by the Regional Administrator will be approved in accordance
with the procedures in parts 124 and 270.
(d) Notification of partial closure and final closure. (1) The owner
or operator must notify the Regional Administrator in writing at least
60 days prior to the date on which he expects to begin closure of a
surface impoundment, waste pile, land treatment or landfill unit, or
final closure of a facility with such a unit. The owner or operator must
notify the Regional Administrator in writing at least 45 days prior to
the date on which he expects to begin final closure of a facility with
only treatment or storage tanks, container storage, or incinerator units
to be closed. The owner or operator must notify the Regional
Administrator in writing at least 45 days prior to the date on which he
expects to begin partial or final closure of a boiler or industrial
furnace, whichever is earlier.
(2) The date when he ``expects to begin closure'' must be either:
(i) No later than 30 days after the date on which any hazardous
waste management unit receives the known final volume of hazardous
wastes, or if there is a reasonable possibility that the hazardous waste
management unit will receive additional hazardous wastes, no later than
one year after the date on which the unit received the most recent
volume of hazardous wastes. If the owner or operator of a hazardous
waste management unit can
[[Page 183]]
demonstrate to the Regional Administrator that the hazardous waste
management unit or facility has the capacity to receive additional
hazardous wastes and he has taken all steps to prevent threats to human
health and the environment, including compliance with all applicable
permit requirements, the Regional Administrator may approve an extension
to this one-year limit; or
(ii) For units meeting the requirements of Sec. 264.113(d), no later
than 30 days after the date on which the hazardous waste management unit
receives the known final volume of non-hazardous wastes, or if there is
a reasonable possibility that the hazardous waste management unit will
receive additional non-hazardous wastes, no later than one year after
the date on which the unit received the most recent volume of non-
hazardous wastes. If the owner or operator can demonstrate to the
Regional Administrator that the hazardous waste management unit has the
capacity to receive additional non-hazardous wastes and he has taken,
and will continue to take, all steps to prevent threats to human health
and the environment, including compliance with all applicable permit
requirements, the Regional Administrator may approve an extension to
this one-year limit.
(3) If the facility's permit is terminated, or if the facility is
otherwise ordered, by judicial decree or final order under section 3008
of RCRA, to cease receiving hazardous wastes or to close, then the
requirements of this paragraph do not apply. However, the owner or
operator must close the facility in accordance with the deadlines
established in Sec. 264.113.
(e) Removal of wastes and decontamination or dismantling of
equipment. Nothing in this section shall preclude the owner or operator
from removing hazardous wastes and decontaminating or dismantling
equipment in accordance with the approved partial or final closure plan
at any time before or after notification of partial or final closure.
[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 53
FR 37935, Sept. 28, 1988; 54 FR 33394, Aug. 14, 1989; 56 FR 7207, Feb.
21, 1991; 57 FR 37265, Aug. 18, 1992]
Sec. 264.113 Closure; time allowed for closure.
(a) Within 90 days after receiving the final volume of hazardous
wastes, or the final volume of non-hazardous wastes if the owner or
operator complies with all applicable requirements in paragraphs (d) and
(e) of this section, at a hazardous waste management unit or facility,
the owner or operator must treat, remove from the unit or facility, or
dispose of on-site, all hazardous wastes in accordance with the approved
closure plan. The Regional Administrator may approve a longer period if
the owner or operator complies with all applicable requirements for
requesting a modification to the permit and demonstrates that:
(1)(i) The activities required to comply with this paragraph will,
of necessity, take longer than 90 days to complete; or
(ii)(A) The hazardous waste management unit or facility has the
capacity to receive additional hazardous wastes, or has the capacity to
receive non-hazardous wastes if the owner or operator complies with
paragraphs (d) and (e) of this section; and
(B) There is a reasonable likelihood that he or another person will
recommence operation of the hazardous waste management unit or the
facility within one year; and
(C) Closure of the hazardous waste management unit or facility would
be incompatible with continued operation of the site; and
(2) He has taken and will continue to take all steps to prevent
threats to human health and the environment, including compliance with
all applicable permit requirements.
(b) The owner or operator must complete partial and final closure
activities in accordance with the approved closure plan and within 180
days after receiving the final volume of hazardous wastes, or the final
volume of non-hazardous wastes if the owner or operator complies with
all applicable requirements in paragraphs (d) and (e) of this section,
at the hazardous waste management unit or facility. The Regional
Administrator may approve an extension to the closure period if the
owner or operator complies with all applicable requirements for
requesting a
[[Page 184]]
modification to the permit and demonstrates that:
(1)(i) The partial or final closure activities will, of necessity,
take longer than 180 days to complete; or
(ii)(A) The hazardous waste management unit or facility has the
capacity to receive additional hazardous wastes, or has the capacity to
receive non-hazardous wastes if the owner or operator complies with
paragraphs (d) and (e) of this section; and
(B) There is reasonable likelihood that he or another person will
recommence operation of the hazardous waste management unit or the
facility within one year; and
(C) Closure of the hazardous waste management unit or facility would
be incompatible with continued operation of the site; and
(2) He has taken and will continue to take all steps to prevent
threats to human health and the environment from the unclosed but not
operating hazardous waste management unit or facility, including
compliance with all applicable permit requirements.
(c) The demonstrations referred to in paragraphs (a)(1) and (b)(1)
of this section must be made as follows:
(1) The demonstrations in paragraph (a)(1) of this section must be
made at least 30 days prior to the expiration of the 90-day period in
paragraph (a) of this section; and
(2) The demonstration in paragraph (b)(1) of this section must be
made at least 30 days prior to the expiration of the 180-day period in
paragraph (b) of this section, unless the owner or operator is otherwise
subject to the deadlines in paragraph (d) of this section.
(d) The Regional Administrator may allow an owner or operator to
receive only non-hazardous wastes in a landfill, land treatment, or
surface impoundment unit after the final receipt of hazardous wastes at
that unit if:
(1) The owner or operator requests a permit modification in
compliance with all applicable requirements in parts 270 and 124 of this
title and in the permit modification request demonstrates that:
(i) The unit has the existing design capacity as indicated on the
part A application to receive non-hazardous wastes; and
(ii) There is a reasonable likelihood that the owner or operator or
another person will receive non-hazardous wastes in the unit within one
year after the final receipt of hazardous wastes; and
(iii) The non-hazardous wastes will not be incompatible with any
remaining wastes in the unit, or with the facility design and operating
requirements of the unit or facility under this part; and
(iv) Closure of the hazardous waste management unit would be
incompatible with continued operation of the unit or facility; and
(v) The owner or operator is operating and will continue to operate
in compliance with all applicable permit requirements; and
(2) The request to modify the permit includes an amended waste
analysis plan, ground-water monitoring and response program, human
exposure assessment required under RCRA section 3019, and closure and
post-closure plans, and updated cost estimates and demonstrations of
financial assurance for closure and post-closure care as necessary and
appropriate, to reflect any changes due to the presence of hazardous
constituents in the non-hazardous wastes, and changes in closure
activities, including the expected year of closure if applicable under
Sec. 264.112(b)(7), as a result of the receipt of non-hazardous wastes
following the final receipt of hazardous wastes; and
(3) The request to modify the permit includes revisions, as
necessary and appropriate, to affected conditions of the permit to
account for the receipt of non-hazardous wastes following receipt of the
final volume of hazardous wastes; and
(4) The request to modify the permit and the demonstrations referred
to in paragraphs (d)(1) and (d)(2) of this section are submitted to the
Regional Administrator no later than 120 days prior to the date on which
the owner or operator of the facility receives the known final volume of
hazardous wastes at the unit, or no later than 90 days after the
effective date of this rule in the state in which the unit is located,
whichever is later.
(e) In addition to the requirements in paragraph (d) of this
section, an owner
[[Page 185]]
or operator of a hazardous waste surface impoundment that is not in
compliance with the liner and leachate collection system requirements in
42 U.S.C. 3004(o)(1) and 3005(j)(1) or 42 U.S.C. 3004(o) (2) or (3) or
3005(j) (2), (3), (4) or (13) must:
(1) Submit with the request to modify the permit:
(i) A contingent corrective measures plan, unless a corrective
action plan has already been submitted under Sec. 264.99; and
(ii) A plan for removing hazardous wastes in compliance with
paragraph (e)(2) of this section; and
(2) Remove all hazardous wastes from the unit by removing all
hazardous liquids, and removing all hazardous sludges to the extent
practicable without impairing the integrity of the liner(s), if any.
(3) Removal of hazardous wastes must be completed no later than 90
days after the final receipt of hazardous wastes. The Regional
Administrator may approve an extension to this deadline if the owner or
operator demonstrates that the removal of hazardous wastes will, of
necessity, take longer than the allotted period to complete and that an
extension will not pose a threat to human health and the environment.
(4) If a release that is a statistically significant increase (or
decrease in the case of pH) over background values for detection
monitoring parameters or constituents specified in the permit or that
exceeds the facility's ground-water protection standard at the point of
compliance, if applicable, is detected in accordance with the
requirements in subpart F of this part, the owner or operator of the
unit:
(i) Must implement corrective measures in accordance with the
approved contingent corrective measures plan required by paragraph
(e)(1) of this section no later than one year after detection of the
release, or approval of the contingent corrective measures plan,
whichever is later;
(ii) May continue to receive wastes at the unit following detection
of the release only if the approved corrective measures plan includes a
demonstration that continued receipt of wastes will not impede
corrective action; and
(iii) May be required by the Regional Administrator to implement
corrective measures in less than one year or to cease the receipt of
wastes until corrective measures have been implemented if necessary to
protect human health and the environment.
(5) During the period of corrective action, the owner or operator
shall provide semi-annual reports to the Regional Administrator that
describe the progress of the corrective action program, compile all
ground-water monitoring data, and evaluate the effect of the continued
receipt of non-hazardous wastes on the effectiveness of the corrective
action.
(6) The Regional Administrator may require the owner or operator to
commence closure of the unit if the owner or operator fails to implement
corrective action measures in accordance with the approved contingent
corrective measures plan within one year as required in paragraph (e)(4)
of this section, or fails to make substantial progress in implementing
corrective action and achieving the facility's ground-water protection
standard or background levels if the facility has not yet established a
ground-water protection standard.
(7) If the owner or operator fails to implement corrective measures
as required in paragraph (e)(4) of this section, or if the Regional
Administrator determines that substantial progress has not been made
pursuant to paragraph (e)(6) of this section he shall:
(i) Notify the owner or operator in writing that the owner or
operator must begin closure in accordance with the deadlines in
paragraphs (a) and (b) of this section and provide a detailed statement
of reasons for this determination, and
(ii) Provide the owner or operator and the public, through a
newspaper notice, the opportunity to submit written comments on the
decision no later than 20 days after the date of the notice.
(iii) If the Regional Administrator receives no written comments,
the decision will become final five days after the close of the comment
period. The Regional Administrator will notify the owner or operator
that the decision is final, and that a revised closure plan, if
[[Page 186]]
necessary, must be submitted within 15 days of the final notice and that
closure must begin in accordance with the deadlines in paragraphs (a)
and (b) of this section.
(iv) If the Regional Administrator receives written comments on the
decision, he shall make a final decision within 30 days after the end of
the comment period, and provide the owner or operator in writing and the
public through a newspaper notice, a detailed statement of reasons for
the final decision. If the Regional Administrator determines that
substantial progress has not been made, closure must be initiated in
accordance with the deadlines in paragraphs (a) and (b) of this section.
(v) The final determinations made by the Regional Administrator
under paragraphs (e)(7) (iii) and (iv) of this section are not subject
to administrative appeal.
[51 FR 16444, May 2, 1986, as amended at 54 FR 33394, Aug. 14, 1989]
Sec. 264.114 Disposal or decontamination of equipment, structures and soils.
During the partial and final closure periods, all contaminated
equipment, structures and soils must be properly disposed of or
decontaminated unless otherwise specified in Secs. 264.197, 264.228,
264.258, 264.280 or Sec. 264.310. By removing any hazardous wastes or
hazardous constituents during partial and final closure, the owner or
operator may become a generator of hazardous waste and must handle that
waste in accordance with all applicable requirements of part 262 of this
chapter.
[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 53
FR 34086, Sept. 2, 1988]
Sec. 264.115 Certification of closure.
Within 60 days of completion of closure of each hazardous waste
surface impoundment, waste pile, land treatment, and landfill unit, and
within 60 days of the completion of final closure, the owner or operator
must submit to the Regional Administrator, by registered mail, a
certification that the hazardous waste management unit or facility, as
applicable, has been closed in accordance with the specifications in the
approved closure plan. The certification must be signed by the owner or
operator and by an independent registered professional engineer.
Documentation supporting the independent registered 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 closure under Sec. 264.143(i).
Sec. 264.116 Survey plat.
No later than the submission of the certification of closure of each
hazardous waste disposal unit, the owner or operator must submit to the
local zoning authority, or the authority with jurisdiction over local
land use, and to the Regional Administrator, a survey plat indicating
the location and dimensions of landfills cells or other hazardous waste
disposal units with respect to permanently surveyed benchmarks. This
plat must be prepared and certified by a professional land surveyor. The
plat filed with the local zoning authority, or the authority with
jurisdiction over local land use, must contain a note, prominently
displayed, which states the owner's or operator's obligation to restrict
disturbance of the hazardous waste disposal unit in accordance with the
applicable subpart G regulations.
Sec. 264.117 Post-closure care and use of property.
(a)(1) Post-closure care for each hazardous waste management unit
subject to the requirements of Secs. 264.117 through 264.120 must begin
after completion of closure of the unit and continue for 30 years after
that date and must consist of at least the following:
(i) Monitoring and reporting in accordance with the requirements of
subparts F, K, L, M, N, and X of this part; and
(ii) Maintenance and monitoring of waste containment systems in
accordance with the requirements of subparts F, K, L, M, N, and X of
this part.
(2) Any time preceding partial closure of a hazardous waste
management unit subject to post-closure care requirements or final
closure, or any time during the post-closure period for a particular
unit, the Regional Administrator may, in accordance with the
[[Page 187]]
permit modification procedures in parts 124 and 270:
(i) Shorten the post-closure care period applicable to the hazardous
waste management unit, or facility, if all disposal units have been
closed, if he finds that the reduced period is sufficient to protect
human health and the environment (e.g., leachate or ground-water
monitoring results, characteristics of the hazardous wastes, application
of advanced technology, or alternative disposal, treatment, or re-use
techniques indicate that the hazardous waste management unit or facility
is secure); or
(ii) Extend the post-closure care period applicable to the hazardous
waste management unit or facility if he finds that the extended period
is necessary to protect human health and the environment (e.g., leachate
or ground-water monitoring results indicate a potential for migration of
hazardous wastes at levels which may be harmful to human health and the
environment).
(b) The Regional Administrator may require, at partial and final
closure, continuation of any of the security requirements of Sec. 264.14
during part or all of the post-closure period when:
(1) Hazardous wastes may remain exposed after completion of partial
or final closure; or
(2) Access by the public or domestic livestock may pose a hazard to
human health.
(c) Post-closure use of property on or in which hazardous wastes
remain after partial or final closure must never be allowed to disturb
the integrity of the final cover, liner(s), or any other components of
the containment system, or the function of the facility's monitoring
systems, unless the Regional Administrator finds that the disturbance:
(1) Is necessary to the proposed use of the property, and will not
increase the potential hazard to human health or the environment; or
(2) Is necessary to reduce a threat to human health or the
environment.
(d) All post-closure care activities must be in accordance with the
provisions of the approved post-closure plan as specified in
Sec. 264.118.
[51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987]
Sec. 264.118 Post-closure plan; amendment of plan.
(a) Written Plan. The owner or operator of a hazardous waste
disposal unit must have a written post-closure plan. In addition,
certain surface impoundments and waste piles from which the owner or
operator intends to remove or decontaminate the hazardous wastes at
partial or final closure are required by Secs. 264.228(c)(1)(ii) and
264.258(c)(1)(ii) to have contingent post-closure plans. Owners or
operators of surface impoundments and waste piles not otherwise required
to prepare contingent post-closure plans under Secs. 264.228(c)(1)(ii)
and 264.258(c)(1)(ii) must submit a post-closure plan to the Regional
Administrator within 90 days from the date that the owner or operator or
Regional administrator determines that the hazardous waste management
unit must be closed as a landfill, subject to the requirements of
Secs. 264.117 through 264.120. The plan must be submitted with the
permit application, in accordance with Sec. 270.14(b)(13) of this
chapter, and approved by the Regional Administrator as part of the
permit issuance procedures under part 124 of this chapter. In accordance
with Sec. 270.32 of this chapter, the approved post-closure plan will
become a condition of any RCRA permit issued.
(b) For each hazardous waste management unit subject to the
requirements of this section, the post-closure plan must identify the
activities that will be carried on after closure of each disposal unit
and the frequency of these activities, and include at least:
(1) A description of the planned monitoring activities and
frequencies at which they will be performed to comply with subparts F,
K, L, M, N, and X of this part during the post-closure care period; and
(2) A description of the planned maintenance activities, and
frequencies at which they will be performed, to ensure:
(i) The integrity of the cap and final cover or other containment
systems in accordance with the requirements of subparts F, K, L, M, N,
and X of this part; and
[[Page 188]]
(ii) The function of the monitoring equipment in accordance with the
requirements of subparts, F, K, L, M, N, and X of this part; and
(3) The name, address, and phone number of the person or office to
contact about the hazardous waste disposal unit or facility during the
post-closure care period.
(c) Until final closure of the facility, a copy of the approved
post-closure plan must be furnished to the Regional Administrator upon
request, including request by mail. After final closure has been
certified, the person or office specified in Sec. 264.188(b)(3) must
keep the approved post-closure plan during the remainder of the post-
closure period.
(d) Amendment of plan. The owner or operator must submit a written
notification of or request for a permit modification to authorize a
change in the approved post-closure plan in accordance with the
applicable requirements in parts 124 and 270. The written notification
or request must include a copy of the amended post-closure plan for
review or approval by the Regional Administrator.
(1) The owner or operator may submit a written notification or
request to the Regional Administrator for a permit modification to amend
the post-closure plan at any time during the active life of the facility
or during the post-closure care period.
(2) The owner or operator must submit a written notification of or
request for a permit modification to authorize a change in the approved
post-closure plan whenever:
(i) Changes in operating plans or facility design affect the
approved post-closure plan, or
(ii) There is a change in the expected year of final closure, if
applicable, or
(iii) Events which occur during the active life of the facility,
including partial and final closures, affect the approved post-closure
plan.
(3) The owner or operator must submit a written request for a permit
modification at least 60 days prior to the proposed change in facility
design or operation, or no later than 60 days after an unexpected event
has occurred which has affected the post-closure plan. An owner or
operator of a surface impoundment or waste pile that intends to remove
all hazardous waste at closure and is not otherwise required to submit a
contingent post-closure plan under Secs. 264.228(c)(1)(ii) and
264.258(c)(1)(ii) must submit a post-closure plan to the Regional
Administrator no later than 90 days after the date that the owner or
operator or Regional Administrator determines that the hazardous waste
management unit must be closed as a landfill, subject to the
requirements of Sec. 264.310. The Regional Administrator will approve,
disapprove or modify this plan in accordance with the procedures in
parts 124 and 270. In accordance with Sec. 270.32 of this chapter, the
approved post-closure plan will become a permit condition.
(4) The Regional Administrator may request modifications to the plan
under the conditions described in Sec. 264.118(d)(2). The owner or
operator must submit the modified plan no later than 60 days after the
Regional Administrator's request, or no later than 90 days if the unit
is a surface impoundment or waste pile not previously required to
prepare a contingent post-closure plan. Any modifications requested by
the Regional Administrator will be approved, disapproved, or modified in
accordance with the procedures in parts 124 and 270.
[51 FR 16444, May 2, 1986, as amended at 52 FR 46964, Dec. 10, 1987; 53
FR 37935, Sept. 28,1988]
Sec. 264.119 Post-closure notices.
(a) No later than 60 days after certification of closure of each
hazardous waste disposal unit, the owner or operator must submit to the
local zoning authority, or the authority with jurisdiction over local
land use, and to the Regional Administrator a record of the type,
location, and quantity of hazardous wastes disposed of within each cell
or other disposal unit of the facility. For hazardous wastes disposed of
before January 12, 1981, the owner or operator must identify the type,
location, and quantity of the hazardous wastes to the best of his
knowledge and in accordance with any records he has kept.
(b) Within 60 days of certification of closure of the first
hazardous waste
[[Page 189]]
disposal unit and within 60 days of certification of closure of the last
hazardous waste disposal unit, the owner or operator must:
(1) Record, in accordance with State law, a notation on the deed to
the facility property--or on some other instrument which is normally
examined during title search--that will in perpetuity notify any
potential purchaser of the property that:
(i) The land has been used to manage hazardous wastes; and
(ii) Its use is restricted under 40 CFR subpart G regulations; and
(iii) The survey plat and record of the type, location, and quantity
of hazardous wastes disposed of within each cell or other hazardous
waste disposal unit of the facility required by Secs. 264.116 and
264.119(a) have been filed with the local zoning authority or the
authority with jurisdiction over local land use and with the Regional
Administrator; and
(2) Submit a certification, signed by the owner or operator, that he
has recorded the notation specified in paragraph (b)(1) of this section,
including a copy of the document in which the notation has been placed,
to the Regional Administrator.
(c) If the owner or operator or any subsequent owner or operator of
the land upon which a hazardous waste disposal unit is located wishes to
remove hazardous wastes and hazardous waste residues, the liner, if any,
or contaminated soils, he must request a modification to the post-
closure permit in accordance with the applicable requirements in parts
124 and 270. The owner or operator must demonstrate that the removal of
hazardous wastes will satisfy the criteria of Sec. 264.117(c). By
removing hazardous waste, the owner or operator may become a generator
of hazardous waste and must manage it in accordance with all applicable
requirements of this chapter. If he is granted a permit modification or
otherwise granted approval to conduct such removal activities, the owner
or operator may request that the Regional Administrator approve either:
(1) The removal of the notation on the deed to the facility property
or other instrument normally examined during title search; or
(2) The addition of a notation to the deed or instrument indicating
the removal of the hazardous waste.
Sec. 264.120 Certification of completion of post-closure care.
No later than 60 days after completion of the established post-
closure care period for each hazardous waste disposal unit, the owner or
operator must submit to the Regional Administrator, by registered mail,
a certification that the post-closure care period for the hazardous
waste disposal unit was performed in accordance with the specifications
in the approved post-closure plan. The certification must be signed by
the owner or operator and an independent registered professional
engineer. Documentation supporting the independent registered
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 post-closure care under
Sec. 264.145(i).
Subpart H--Financial Requirements
Source: 47 FR 15047, Apr. 7, 1982, unless otherwise noted.
Sec. 264.140 Applicability.
(a) The requirements of Secs. 264.142, 264.143, and 264.147 through
264.151 apply to owners and operators of all hazardous waste facilities,
except as provided otherwise in this section or in Sec. 264.1.
(b) The requirements of Secs. 264.144 and 264.145 apply only to
owners and operators of:
(1) Disposal facilities;
(2) Piles, and surface impoundments from which the owner or operator
intends to remove the wastes at closure, to the extent that these
sections are made applicable to such facilities in Secs. 264.228 and
264.258;
(3) Tank systems that are required under Sec. 264.197 to meet the
requirements for landfills; and
(4) Containment buildings that are required under Sec. 264.1102 to
meet the requirements for landfills.
[[Page 190]]
(c) States and the Federal government are exempt from the
requirements of this subpart.
[47 FR 15047, Apr. 7, 1982, as amended at 47 FR 32357, July 26, 1982; 51
FR 25472, July 14, 1986; 57 FR 37265, Aug. 18, 1992]
Sec. 264.141 Definitions of terms as used in this subpart.
(a) Closure plan means the plan for closure prepared in accordance
with the requirements of Sec. 264.112.
(b) Current closure cost estimate means the most recent of the
estimates prepared in accordance with Sec. 264.142 (a), (b), and (c).
(c) Current post-closure cost estimate means the most recent of the
estimates prepared in accordance with Sec. 264.144 (a), (b), and (c).
(d) Parent corporation means a corporation which directly owns at
least 50 percent of the voting stock of the corporation which is the
facility owner or operator; the latter corporation is deemed a
``subsidiary'' of the parent corporation.
(e) Post-closure plan means the plan for post-closure care prepared
in accordance with the requirements of Secs. 264.117 through 264.120.
(f) The following terms are used in the specifications for the
financial tests for closure, post-closure care, and liability coverage.
The definitions are intended to assist in the understanding of these
regulations and are not intended to limit the meanings of terms in a way
that conflicts with generally accepted accounting practices.
Assets means all existing and all probable future economic benefits
obtained or controlled by a particular entity.
Current assets means cash or other assets or resources commonly
identified as those which are reasonably expected to be realized in cash
or sold or consumed during the normal operating cycle of the business.
Current liabilities means obligations whose liquidation is
reasonably expected to require the use of existing resources properly
classifiable as current assets or the creation of other current
liabilities.
Current plugging and abandonment cost estimate means the most recent
of the estimates prepared in accordance with Sec. 144.62(a), (b), and
(c) of this title.
Independently audited refers to an audit performed by an independent
certified public accountant in accordance with generally accepted
auditing standards.
Liabilities means probable future sacrifices of economic benefits
arising from present obligations to transfer assets or provide services
to other entities in the future as a result of past transactions or
events.
Net working capital means current assets minus current liabilities.
Net worth means total assets minus total liabilities and is
equivalent to owner's equity.
Tangible net worth means the tangible assets that remain after
deducting liabilities; such assets would not include intangibles such as
goodwill and rights to patents or royalties.
(g) In the liability insurance requirements the terms bodily injury
and property damage shall have the meanings given these terms by
applicable State law. However, these terms do not include those
liabilities which, consistent with standard industry practices, are
excluded from coverage in liability policies for bodily injury and
property damage. The Agency intends the meanings of other terms used in
the liability insurance requirements to be consistent with their common
meanings within the insurance industry. The definitions given below of
several of the terms are intended to assist in the understanding of
these regulations and are not intended to limit their meanings in a way
that conflicts with general insurance industry usage.
Accidental occurrence means an accident, including continuous or
repeated exposure to conditions, which results in bodily injury or
property damage neither expected nor intended from the standpoint of the
insured.
Legal defense costs means any expenses that an insurer incurs in
defending against claims of third parties brought under the terms and
conditions of an insurance policy.
Nonsudden accidental occurrence means an occurrence which takes
place over time and involves continuous or repeated exposure.
[[Page 191]]
Sudden accidental occurrence means an occurrence which is not
continuous or repeated in nature.
(h) Substantial business relationship means the extent of a business
relationship necessary under applicable State law to make a guarantee
contract issued incident to that relationship valid and enforceable. A
``substantial business relationship'' must arise from a pattern of
recent or ongoing business transactions, in addition to the guarantee
itself, such that a currently existing business relationship between the
guarantor and the owner or operator is demonstrated to the satisfaction
of the applicable EPA Regional Administrator.
[47 FR 16554, Apr. 16, 1982, as amended at 51 FR 16447, May 2, 1986; 53
FR 33950, Sept. 1, 1988]