[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2005 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



          40


          Parts 260 to 265

                         Revised as of July 1, 2005


          Protection of Environment
          
          


________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2005
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



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

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Material Approved for Incorporation by Reference........     713
      Table of CFR Titles and Chapters........................     717
      Alphabetical List of Agencies Appearing in the CFR......     735
      List of CFR Sections Affected...........................     745

[[Page iv]]





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

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

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2005), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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

OMB CONTROL NUMBERS

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

[[Page vi]]

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

OBSOLETE PROVISIONS

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

INCORPORATION BY REFERENCE

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

CFR INDEXES AND TABULAR GUIDES

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

[[Page vii]]


REPUBLICATION OF MATERIAL

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in the Code of Federal Regulations.

INQUIRIES

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

July 1, 2005.

[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-one 
volumes. The parts in these volumes are arranged in the following order: 
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End), 
parts 53-59, part 60 (60.1-End), part 60 (Appendices), parts 61-62, part 
63 (63.1-63.599), part 63 (63.600-63.1199), part 63 (63.1200-63.1439), 
part 63 (63.1440-63.6175), part 63 (63.6580-63.8830), part 63 (63.8980-
End) parts 64-71, parts 72-80, parts 81-85, part 86 (86.1-86.599-99) 
part 86 (86.600-1-End), parts 87-99, parts 100-135, parts 136-149, parts 
150-189, parts 190-259, parts 260-265, parts 266-299, parts 300-399, 
parts 400-424, parts 425-699, parts 700-789, and part 790 to End. The 
contents of these volumes represent all current regulations codified 
under this title of the CFR as of July 1, 2005.

    Chapter I--Environmental Protection Agency appears in all thirty-one 
volumes. An alphabetical Listing of Pesticide Chemicals Index appears in 
parts 150-189. Regulations issued by the Council on Environmental 
Quality appear in the volume containing part 790 to End. The OMB control 
numbers for title 40 appear in Sec.  9.1 of this chapter.

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

[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




                  (This book contains parts 260 to 265)

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

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

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


  Editorial Note: Nomenclature changes to chapter I appear at 65 FR 
47324, 47325, Aug. 2, 2000, and 66 FR 34375, 34376, June 28, 2001.

                 SUBCHAPTER I--SOLID WASTES (CONTINUED)
Part                                                                Page
260             Hazardous waste management system: General..           5
261             Identification and listing of hazardous 
                    waste...................................          31
262             Standards applicable to generators of 
                    hazardous waste.........................         199
263             Standards applicable to transporters of 
                    hazardous waste.........................         250
264             Standards for owners and operators of 
                    hazardous waste treatment, storage, and 
                    disposal facilities.....................         256
265             Interim status standards for owners and 
                    operators of hazardous waste treatment, 
                    storage, and disposal facilities........         510

[[Page 5]]



                  SUBCHAPTER I_SOLID WASTES (CONTINUED)





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




                            Subpart A_General

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

                          Subpart B_Definitions

260.10 Definitions.
260.11 References.

                     Subpart C_Rulemaking Petitions

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

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

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

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

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



                            Subpart A_General



Sec. 260.1  Purpose, scope, and applicability.

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

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



Sec. 260.2  Availability of information; confidentiality of information.

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

[[Page 6]]

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

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



Sec. 260.3  Use of number and gender.

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

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



                          Subpart B_Definitions



Sec. 260.10  Definitions.

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

[[Page 7]]

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

[[Page 8]]

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 Sec. Sec. 
273.13 and 273.33 of this chapter. A facility at which a particular 
category of universal waste is only accumulated, is not a destination 
facility for purposes of managing that category of universal waste.
    Dike means an embankment or ridge of either natural or man-made 
materials used to prevent the movement of liquids, sludges, solids, or 
other materials.
    Dioxins and furans (D/F) means tetra, penta, hexa, hepta, and octa-
chlorinated dibenzo dioxins and furans.
    Discharge or hazardous waste discharge means the accidental or 
intentional spilling, leaking, pumping, pouring, emitting, emptying, or 
dumping of hazardous waste into or on any land or water.
    Disposal means the discharge, deposit, injection, dumping, spilling, 
leaking, or placing of any solid waste or hazardous waste into or on any 
land or water so that such solid waste or hazardous waste or any 
constituent thereof may enter the environment or be emitted into the air 
or discharged into any waters, including ground waters.
    Disposal facility means a facility or part of a facility at which 
hazardous waste is intentionally placed into or on any land or water, 
and at which waste will remain after closure. The term disposal facility 
does not include a corrective action management unit into which 
remediation wastes are placed.
    Drip pad is an engineered structure consisting of a curbed, free-
draining base, constructed of non-earthen materials and designed to 
convey preservative kick-back or drippage from treated wood, 
precipitation, and surface water run-on to an associated collection 
system at wood preserving plants.
    Elementary neutralization unit means a device which:
    (1) Is used for neutralizing wastes that are hazardous only because 
they exhibit the corrosivity characteristic defined in Sec. 261.22 of 
this chapter, or they are listed in subpart D of part 261 of the chapter 
only for this reason; and
    (2) Meets the definition of tank, tank system, container, transport 
vehicle, or vessel in Sec. 260.10 of this chapter.
    EPA hazardous waste number means the number assigned by EPA to each 
hazardous waste listed in part 261, subpart D, of this chapter and to 
each characteristic identified in part 261, subpart C, of this chapter.
    EPA identification number means the number assigned by EPA to each 
generator, transporter, and treatment, storage, or disposal facility.
    EPA region means the states and territories found in any one of the 
following ten regions:
Region I--Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and 
Rhode Island.
Region II--New York, New Jersey, Commonwealth of Puerto Rico, and the 
U.S. Virgin Islands.
Region III--Pennsylvania, Delaware, Maryland, West Virginia, Virginia, 
and the District of Columbia.
Region IV--Kentucky, Tennessee, North Carolina, Mississippi, Alabama, 
Georgia, South Carolina, and Florida.
Region V--Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio.
Region VI--New Mexico, Oklahoma, Arkansas, Louisiana, and Texas.
Region VII--Nebraska, Kansas, Missouri, and Iowa.
Region VIII--Montana, Wyoming, North Dakota, South Dakota, Utah, and 
Colorado.
Region IX--California, Nevada, Arizona, Hawaii, Guam, American Samoa, 
Commonwealth of the Northern Mariana Islands.
Region X--Washington, Oregon, Idaho, and Alaska.
    Equivalent method means any testing or analytical method approved by 
the Administrator under Sec. Sec. 260.20 and 260.21.
    Existing hazardous waste management (HWM) facility or existing 
facility means a facility which was in operation or for which 
construction commenced on or before November 19, 1980. A facility has 
commenced construction if:

[[Page 9]]

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

[[Page 10]]

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


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

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

[[Page 11]]

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

[[Page 12]]

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

[[Page 13]]

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

[[Page 14]]

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

[[Page 15]]

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

[[Page 16]]

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

[[Page 17]]

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

[45 FR 33073, May 19, 1980]

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

    Effective Date Note: At 70 FR 10814, Mar. 4, 2005, Sec. 260.10 was 
amended by removing the definition of ``Manifest document number'', by 
revising the definitions of ``Designated facility '' and ``Manifest'' 
and by adding the definition of ``Manifest tracking number'' in 
alphabetical order, effective Sept. 6, 2005. For the convenience of the 
user, the revised and added text is set forth as follows:

Sec. 260.10  Definitions.

                                * * * * *

    Designated facility means:
    (1) A hazardous waste treatment, storage, or disposal facility 
which:
    (i) Has received a permit (or interim status) in accordance with the 
requirements of parts 270 and 124 of this chapter;
    (ii) Has received a permit (or interim status) from a State 
authorized in accordance with part 271 of this chapter; or
    (iii) Is regulated under Sec. 261.6(c)(2) or subpart F of part 266 
of this chapter; and
    (iv) That has been designated on the manifest by the generator 
pursuant to Sec. 262.20.
    (2) Designated facility also means a generator site designated on 
the manifest to receive its waste as a return shipment from a facility 
that has rejected the waste in accordance with Sec. 264.72(f) or Sec. 
265.72(f) of this chapter.
    (3) If a waste is destined to a facility in an authorized State 
which has not yet obtained authorization to regulate that particular 
waste as hazardous, then the designated facility must be a facility 
allowed by the receiving State to accept such waste.

                                * * * * *

    Manifest means: The shipping document EPA Form 8700-22 (including, 
if necessary, EPA Form 8700-22A), originated and signed by the generator 
or offeror in accordance with the instructions in the appendix to 40 CFR 
part 262 and the applicable requirements of 40 CFR parts 262 through 
265.
    Manifest tracking number means: The alphanumeric identification 
number (i.e., a unique three letter suffix preceded by nine numerical 
digits), which is pre-printed in Item 4 of the Manifest by a registered 
source.



Sec. 260.11  References.

    (a) When used in parts 260 through 270 of this chapter, the 
following publications are incorporated by reference:
    (1) ``ASTM Standard Test Methods for Flash Point of Liquids by 
Setaflash Closed Tester,'' ASTM Standard D-3278-78, available from 
American Society for Testing and Materials, 1916 Race Street, 
Philadelphia, PA 19103.
    (2) ``ASTM Standard Test Methods for Flash Point by Pensky-Martens 
Closed Tester,'' ASTM Standard D-93-79 or D-93-80. D-93-80 is available 
from American Society for Testing and Materials, 1916 Race Street, 
Philadelphia, PA 19103.
    (3) ``ASTM Standard Method for Analysis of Reformed Gas by Gas 
Chromatography,'' ASTM Standard D-1946-82, available from American 
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 
19103.
    (4) ``ASTM Standard Test Method for Heat of Combustion of 
Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method),'' ASTM 
Standard D 2382-83, available from American Society for Testing and 
Materials, 1916 Race Street, Philadelphia, PA 19103.
    (5) ``ASTM Standard Practices for General Techniques of Ultraviolet-
Visible Quantitative Analysis,'' ASTM Standard E 169-87 available from 
American Society for Testing and Materials, 1916 Race Street, 
Philadelphia, PA 19103.

[[Page 18]]

    (6) ``ASTM Standard Practices for General Techniques of Infrared 
Quantitative Analysis,'' ASTM Standard E 168-88, available from American 
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 
19103.
    (7) ``ASTM Standard Practice for Packed Column Gas Chromatography,'' 
ASTM Standard E 260-85, available from American Society for Testing and 
Materials, 1916 Race Street, Philadelphia, PA 19103.
    (8) ``ASTM Standard Test Method for Aromatics in Light Naphthas and 
Aviation Gasolines by Gas Chromatography,'' ASTM Standard D 2267-88, 
available from American Society for Testing and Materials, 1916 Race 
Street, Philadelphia, PA 19103.
    (9) ``APTI Course 415: Control of Gaseous Emissions,'' EPA 
Publication EPA-450/2-81-005, December 1981, available from National 
Technical Information Service, 5285 Port Royal Road, Springfield, VA 
22161.
    (10) ``Flammable and Combustible Liquids Code'' (1977 or 1981), 
available from the National Fire Protection Association, 470 Atlantic 
Avenue, Boston, MA 02210.
    (11) ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication SW-846 [Third Edition (November 1986), as 
amended by Updates I (dated July 1992), II (dated September 1994), IIA 
(dated August 1993), IIB (dated January 1995), III (dated December 1996) 
and IIIA (dated April 1998)]. The Third Edition of SW-846 and Updates I, 
II, IIA, IIB, and III (document number 955-001-00000-1) are available 
from the Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402, (202) 512-1800. Update IIIA is available through 
EPA's Methods Information Communication Exchange (MICE) Service. MICE 
can be contacted by phone at (703) 821-4690. Update IIIA can also be 
obtained by contacting the U.S. Environmental Protection Agency, Office 
of Solid Waste (5307W), OSW Methods Team, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Copies of the Third Edition and all of its updates 
are also available from the National Technical Information Service 
(NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 605-6000 or 
(800) 553-6847. Copies may be inspected at the Library, U.S. 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    (12) ``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.
    (13) ``ASTM Standard Test Methods for Preparing Refuse-Derived Fuel 
(RDF) Samples for Analyses of Metals,'' ASTM Standard E926-88, Test 
Method C--Bomb, Acid Digestion Method, available from American Society 
for Testing Materials, 1916 Race Street, Philadelphia, PA 19103.
    (14) ``API Publication 2517, Third Edition'', February 1989, 
``Evaporative Loss from External Floating-Roof Tanks,'' available from 
the American Petroleum Institute, 1220 L Street, Northwest, Washington, 
DC 20005.
    (15) ``ASTM Standard Test Method for Vapor Pressure--Temperature 
Relationship and Initial Decomposition Temperature of Liquids by 
Isoteniscope,'' ASTM Standard D 2879-92, available from American Society 
for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, PA 
19103.
    (16) Method 1664, Revision A, n-Hexane Extractable Material (HEM; 
Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material 
(SGT-HEM; Non-polar Material) by Extraction and Gravimetry. Available at 
NTIS, PB99-121949, U.S. Department of Commerce, 5285 Port Royal, 
Springfield, Virginia 22161.
    (b) The references listed in paragraph (a) of this section are also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html. 
These incorporations by reference were approved by the Director of the 
Federal Register. These materials are incorporated as they exist on the 
date of approval and a notice of any change in these materials will be 
published in the Federal Register.

[46 FR 35247, July 7, 1981, as amended at 50 FR 18374, Apr. 30, 1985; 52 
FR 8073, Mar. 16, 1987; 52 FR 41295, Oct. 27, 1987; 54 FR 40266, Sept. 
29, 1989; 55 FR 8949, Mar. 9, 1990; 55 FR 25493, June 21, 1990; 56 FR 
7206, Feb. 21, 1991; 58 FR 38883, July 20, 1993; 58 FR 46049, Aug. 31, 
1993; 59 FR 468, Jan. 4, 1994; 59 FR 28484, June 2, 1994; 59 FR 62926, 
Dec. 6, 1994; 60 FR 17004, Apr. 4, 1995; 62 FR 32462, June 13, 1997; 64 
FR 26327, May 11, 1999; 66 FR 34376, June 28, 2001; 69 FR 19903, Apr. 9, 
2004]

    Effective Date Note: At 70 FR 34560, June 14, 2005, Sec. 260.11 was 
revised, effective July 14, 2005. For the convenience of the user, the 
revised text is set forth as follows:

Sec. 260.11  References.

    (a) When used in parts 260 through 270 of this chapter, the 
following publications are incorporated by reference. These

[[Page 19]]

incorporations by reference were approved by the Director of the Federal 
Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. These materials 
are incorporated as they exist on the date of approval and a notice of 
any change in these materials will be published in the Federal Register. 
Copies may be inspected at the Library, U.S. Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW. (3403T), Washington, DC 20460, 
[email protected]; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
    (b) The following materials are available for purchase from the 
American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. 
Box C700, West Conshohocken, PA 19428-2959.
    (1) ASTM D-93-79 or D-93-80, ``Standard Test Methods for Flash Point 
by Pensky-Martens Closed Cup Tester,'' IBR approved for Sec. 261.21.
    (2) ASTM D-1946-82, ``Standard Method for Analysis of Reformed Gas 
by Gas Chromatography,'' IBR approved for Sec. Sec. 264.1033, 265.1033.
    (3) ASTM D 2267-88, ``Standard Test Method for Aromatics in Light 
Naphthas and Aviation Gasolines by Gas Chromatography,'' IBR approved 
for Sec. 264.1063.
    (4) ASTM D 2382-83, ``Standard Test Method for Heat of Combustion of 
Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method),'' IBR 
approved for Sec. Sec. 264.1033, 265.1033.
    (5) ASTM D 2879-92, ``Standard Test Method for Vapor Pressure--
Temperature Relationship and Initial Decomposition Temperature of 
Liquids by Isoteniscope,'' IBR approved for Sec. 265.1084.
    (6) ASTM D-3278-78, ``Standard Test Methods for Flash Point for 
Liquids by Setaflash Closed Tester,'' IBR approved for Sec. 261.21(a).
    (7) ASTM E 168-88, ``Standard Practices for General Techniques of 
Infrared Quantitative Analysis,'' IBR approved for Sec. 264.1063.
    (8) ASTM E 169-87, ``Standard Practices for General Techniques of 
Ultraviolet-Visible Quantitative Analysis,'' IBR approved for Sec. 
264.1063.
    (9) ASTM E 260-85, ``Standard Practice for Packed Column Gas 
Chromatography,'' IBR approved for Sec. 264.1063.
    (10) ASTM E 926-88, ``Standard Test Methods for Preparing Refuse-
Derived Fuel (RDF) Samples for Analyses of Metals,'' Test Method C--
Bomb, Acid Digestion Method.
    (c) The following materials are available for purchase from the 
National Technical Information Service, 5285 Port Royal Road, 
Springfield, VA 22161; or for purchase from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 
512-1800.
    (1) ``APTI Course 415: Control of Gaseous Emissions,'' EPA 
Publication EPA-450/2-81-005, December 1981, IBR approved for Sec. Sec. 
264.1035, 265.1035, 270.24, 270.25.
    (2) Method 1664, Revision A, n-Hexane Extractable Material (HEM; Oil 
and Grease) and Silica Gel Treated n-Hexane Extractable Material (SGT-
HEM; Non-polar Material) by Extraction and Gravimetry, PB99-121949, IBR 
approved for part 261, appendix IX.
    (3) The following methods as published in the test methods 
compendium known as ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846, Third Edition. A suffix of 
``A'' in the method number indicates revision one (the method has been 
revised once). A suffix of ``B'' in the method number indicates revision 
two (the method has been revised twice). A suffix of ``C'' in the method 
number indicates revision three (the method has been revised three 
times). A suffix of ``D'' in the method number indicates revision four 
(the method has been revised four times).
    (i) Method 0010, dated September 1986 and in the Basic Manual, IBR 
approved for part 261, appendix IX.
    (ii) Method 0020, dated September 1986 and in the Basic Manual, IBR 
approved for part 261, appendix IX.
    (iii) Method 0030, dated September 1986 and in the Basic Manual, IBR 
approved for part 261, appendix IX.
    (iv) Method 1320, dated September 1986 and in the Basic Manual, IBR 
approved for part 261, appendix IX.
    (v) Method 1311, dated September 1992 and in Update I, IBR approved 
for part 261, appendix IX, and Sec. Sec. 261.24, 268.7, 268.40.
    (vi) Method 1330A, dated September 1992 and in Update I, IBR 
approved for part 261, appendix IX.
    (vii) Method 1312 dated September 1994 and in Update II, IBR 
approved for part 261, appendix IX.
    (viii) Method 0011, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, and part 266, appendix IX.
    (ix) Method 0023A, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, part 266, appendix IX, and Sec. 
266.104.
    (x) Method 0031, dated December 1996 and in Update III, IBR approved 
for part 261, appendix IX.
    (xi) Method 0040, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX.
    (xii) Method 0050, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, part 266, appendix IX, and Sec. 
266.107.
    (xiii) Method 0051, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, part 266, appendix IX, and Sec. 
266.107.

[[Page 20]]

    (xiv) Method 0060, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, Sec. 266.106, and part 266, 
appendix IX.
    (xv) Method 0061, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, Sec. 266.106, and part 266, 
appendix IX.
    (xvi) Method 9071B, dated April 1998 and in Update IIIA, IBR 
approved for part 261, appendix IX.
    (xvii) Method 1010A, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX.
    (xviii) Method 1020B, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX.
    (xix) Method 1110A, dated November 2004 and in Update IIIB, IBR 
approved for Sec. 261.22 and part 261, appendix IX.
    (xx) Method 1310B, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX.
    (xxi) Method 9010C, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX and Sec. Sec. 268.40, 268.44, 
268.48.
    (xxii) Method 9012B, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX and Sec. Sec. 268.40, 268.44, 
268.48.
    (xxiii) Method 9040C, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX and Sec. 261.22.
    (xxiv) Method 9045D, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX.
    (xxv) Method 9060A, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX, and Sec. Sec. 264.1034, 264.1063, 
265.1034, 265.1063.
    (xxvi) Method 9070A, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX.
    (xxvii) Method 9095B, dated November 2004 and in Update IIIB, IBR 
approved, part 261, appendix IX, and Sec. Sec. 264.190, 264.314, 
265.190, 265.314, 265.1081, 268.32.
    (d) The following materials are available for purchase from the 
National Fire Protection Association, 1 Batterymarch Park, P.O. Box 
9101, Quincy, MA 02269-9101.
    (1) ``Flammable and Combustible Liquids Code'' (1977 or 1981), IBR 
approved for Sec. Sec. 264.198, 265.198.
    (2) [Reserved]
    (e) The following materials are available for purchase from the 
American Petroleum Institute, 1220 L Street, Northwest, Washington, DC 
20005.
    (1) API Publication 2517, Third Edition, February 1989, 
``Evaporative Loss from External Floating-Roof Tanks,'' IBR approved for 
Sec. 265.1084.
    (2) [Reserved]
    (f) The following materials are available for purchase from the 
Environmental Protection Agency, Research Triangle Park, NC.
    (1) ``Screening Procedures for Estimating the Air Quality Impact of 
Stationary Sources, Revised'', October 1992, EPA Publication No. EPA-
450/R-92-019, IBR approved for part 266, appendix IX.
    (2) [Reserved]
    (g) The following materials are available for purchase from the 
Organisation for Economic Co-operation and Development, Environment 
Direcorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France.
    (1) OECD Green List of Wastes (revised May 1994), Amber List of 
Wastes and Red List of Wastes (both revised May 1993) as set forth in 
Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD Council 
Decision C(92)39/FINAL (Concerning the Control of Transfrontier 
Movements of Wastes Destined for Recovery Operations), IBR approved for 
262.89 of this chapter.
    (2) [Reserved]



                     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

[[Page 21]]

of an advanced notice of proposed rulemaking, a proposed rule, or a 
tentative determination to deny the petition, in the Federal Register 
for written public comment.
    (d) Upon the written request of any interested person, the 
Administrator may, at his discretion, hold an informal public hearing to 
consider oral comments on the tentative decision. A person requesting a 
hearing must state the issues to be raised and explain why written 
comments would not suffice to communicate the person's views. The 
Administrator may in any case decide on his own motion to hold an 
informal public hearing.
    (e) After evaluating all public comments the Administrator will make 
a final decision by publishing in the Federal Register a regulatory 
amendment or a denial of the petition.

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



Sec. 260.21  Petitions for equivalent testing or analytical methods.

    (a) Any person seeking to add a testing or analytical method to part 
261, 264, or 265 of this chapter may petition for a regulatory amendment 
under this section and Sec. 260.20. To be successful, the person must 
demonstrate to the satisfaction of the Administrator that the proposed 
method is equal to or superior to the corresponding method prescribed in 
part 261, 264, or 265 of this chapter, in terms of its sensitivity, 
accuracy, and precision (i.e., reproducibility).
    (b) Each petition must include, in addition to the information 
required by Sec. 260.20(b):
    (1) A full description of the proposed method, including all 
procedural steps and equipment used in the method;
    (2) A description of the types of wastes or waste matrices for which 
the proposed method may be used;
    (3) Comparative results obtained from using the proposed method with 
those obtained from using the relevant or corresponding methods 
prescribed in part 261, 264, or 265 of this chapter;
    (4) An assessment of any factors which may interfere with, or limit 
the use of, the proposed method; and
    (5) A description of the quality control procedures necessary to 
ensure the sensitivity, accuracy and precision of the proposed method.
    (c) After receiving a petition for an equivalent method, the 
Administrator may request any additional information on the proposed 
method which he may reasonably require to evaluate the method.
    (d) If the Administrator amends the regulations to permit use of a 
new testing method, the method will be incorporated 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]

    Effective Date Note: At 70 FR 34561, June 14, 2005, Sec. 260.21 was 
amended by revising paragraph (d), effective July 14, 2005. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 260.21  Petitions for equivalent testing or analytical methods.

                                * * * * *

    (d) If the Administrator amends the regulations to permit use of a 
new testing method, the method will be incorporated by reference in 
Sec. 260.11 and added to ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846, U.S. Environmental 
Protection Agency, Office of Solid Waste, Washington, DC 20460.



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

[[Page 22]]

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

[[Page 23]]

    (3) The petitioner must demonstrate that the waste does not exhibit 
any of the characteristics defined in Sec. 261.21, Sec. 261.22, Sec. 
261.23, and Sec. 261.24 using any applicable methods prescribed 
therein;
    (4) A waste which is so excluded, however, still may be a hazardous 
waste by operation of subpart C of part 261.
    (f) [Reserved for listing radioactive wastes.]
    (g) [Reserved for listing infectious wastes.]
    (h) Demonstration samples must consist of enough representative 
samples, but in no case less than four samples, taken over a period of 
time sufficient to represent the variability or the uniformity of the 
waste.
    (i) Each petition must include, in addition to the information 
required by Sec. 260.20(b):
    (1) The name and address of the laboratory facility performing the 
sampling or tests of the waste;
    (2) The names and qualifications of the persons sampling and testing 
the waste;
    (3) The dates of sampling and testing;
    (4) The location of the generating facility;
    (5) A description of the manufacturing processes or other operations 
and feed materials producing the waste and an assessment of whether such 
processes, operations, or feed materials can or might produce a waste 
that is not covered by the demonstration;
    (6) A description of the waste and an estimate of the average and 
maximum monthly and annual quantities of waste covered by the 
demonstration;
    (7) Pertinent data on and discussion of the factors delineated in 
the respective criterion for listing a hazardous waste, where the 
demonstration is based on the factors in Sec. 261.11(a)(3);
    (8) A description of the methodologies and equipment used to obtain 
the representative samples;
    (9) A description of the sample handling and preparation techniques, 
including techniques used for extraction, containerization and 
preservation of the samples;
    (10) A description of the tests performed (including results);
    (11) The names and model numbers of the instruments used in 
performing the tests; and
    (12) The following statement signed by the generator of the waste or 
his authorized representative:
    I certify under penalty of law that I have personally examined and 
am familiar with the information submitted in this demonstration and all 
attached documents, and that, based on my inquiry of those individuals 
immediately responsible for obtaining the information, I believe that 
the submitted information is true, accurate, and complete. I am aware 
that there are significant penalties for submitting false information, 
including the possibility of fine and imprisonment.
    (j) After receiving a petition for an exclusion, the Administrator 
may request any additional information which he may reasonably require 
to evaluate the petition.
    (k) An exclusion will only apply to the waste generated at the 
individual facility covered by the demonstration and will not apply to 
waste from any other facility.
    (l) The Administrator may exclude only part of the waste for which 
the demonstration is submitted where he has reason to believe that 
variability of the waste justifies a partial exclusion.

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

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

    Effective Date Note: At 70 FR 34561, June 14, 2005, Sec. 260.22 was 
amended by revising paragraph (d)(1)(i), effective July 14, 2005. For 
the convenience of the user, the revised text is set forth as follows:

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

                                * * * * *

    (d) * * *
    (1) * * *
    (i) Does not contain the constituent or constituents (as defined in 
Appendix VII of part 261 of this chapter) that caused the Administrator 
to list the waste; or

                                * * * * *

[[Page 24]]



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

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

[60 FR 25540, May 11, 1995]



Sec. 260.30  Variances from classification as a solid waste.

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

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



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

    (a) The Administrator may grant requests for a variance from 
classifying as a solid waste those materials that are accumulated 
speculatively without sufficient amounts being recycled if the applicant 
demonstrates that sufficient amounts of the material will be recycled or 
transferred for recycling in the following year. If a variance is 
granted, it is valid only for the following year, but can be renewed, on 
an annual basis, by filing a new application. The Administrator's 
decision will be based on the following criteria:
    (1) The manner in which the material is expected to be recycled, 
when the material is expected to be recycled, and whether this expected 
disposition is likely to occur (for example, because of past practice, 
market factors, the nature of the material, or contractual arrangements 
for recycling);
    (2) The reason that the applicant has accumulated the material for 
one or more years without recycling 75 percent of the volume accumulated 
at the beginning of the year;
    (3) The quantity of material already accumulated and the quantity 
expected to be generated and accumulated before the material is 
recycled;
    (4) The extent to which the material is handled to minimize loss;
    (5) Other relevant factors.
    (b) The Administrator may grant requests for a variance from 
classifying as a solid waste those materials that are reclaimed and then 
reused as feedstock within the original production process in which the 
materials were generated if the reclamation operation is an essential 
part of the production process. This determination will be based on the 
following criteria:
    (1) How economically viable the production process would be if it 
were to use virgin materials, rather than reclaimed materials;

[[Page 25]]

    (2) The prevalence of the practice on an industry-wide basis;
    (3) The extent to which the material is handled before reclamation 
to minimize loss;
    (4) The time periods between generating the material and its 
reclamation, and between reclamation and return to the original primary 
production process;
    (5) The location of the reclamation operation in relation to the 
production process;
    (6) Whether the reclaimed material is used for the purpose for which 
it was originally produced when it is returned to the original process, 
and whether it is returned to the process in substantially its original 
form;
    (7) Whether the person who generates the material also reclaims it;
    (8) Other relevant factors.
    (c) The Regional Administrator may grant requests for a variance 
from classifying as a solid waste those materials that have been 
reclaimed but must be reclaimed further before recovery is completed if, 
after initial reclamation, the resulting material is commodity-like 
(even though it is not yet a commercial product, and has to be reclaimed 
further). This determination will be based on the following factors:
    (1) The degree of processing the material has undergone and the 
degree of further processing that is required;
    (2) The value of the material after it has been reclaimed;
    (3) The degree to which the reclaimed material is like an analogous 
raw material;
    (4) The extent to which an end market for the reclaimed material is 
guaranteed;
    (5) The extent to which the reclaimed material is handled to 
minimize loss;
    (6) Other relevant factors.

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



Sec. 260.32  Variances to be classified as a boiler.

    In accordance with the standards and criteria in Sec. 260.10 
(definition of ``boiler''), and the procedures in Sec. 260.33, the 
Administrator may determine on a case-by-case basis that certain 
enclosed devices using controlled flame combustion are boilers, even 
though they do not otherwise meet the definition of boiler contained in 
Sec. 260.10, after considering the following criteria:
    (a) The extent to which the unit has provisions for recovering and 
exporting thermal energy in the form of steam, heated fluids, or heated 
gases; and
    (b) The extent to which the combustion chamber and energy recovery 
equipment are of integral design; and
    (c) The efficiency of energy recovery, calculated in terms of the 
recovered energy compared with the thermal value of the fuel; and
    (d) The extent to which exported energy is utilized; and
    (e) The extent to which the device is in common and customary use as 
a ``boiler'' functioning primarily to produce steam, heated fluids, or 
heated gases; and
    (f) Other factors, as appropriate.

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



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

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

[59 FR 48041, Sept. 19, 1994]

[[Page 26]]



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.
    (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.

[[Page 27]]

                        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 (Sec. Sec. 261.4(b), 260.20, 
and 260.22) certain solid wastes from the definition of ``hazardous 
waste'', even though they are listed in subpart D or exhibit one or more 
of the characteristics defined in subpart C. Figure 2 depicts the 
interplay of these special provisions with the definition of ``hazardous 
waste''. It presents a series of questions which a person should ask 
himself concerning his waste. After doing so, the person should be able 
to determine if the solid waste he handles is a hazardous waste.

                       Hazardous Waste Regulations

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

    For each of these Groups, Figure 3 indicates with which subtitle C 
regulations (if any) the person handling these wastes must comply. 
Figure 3 also explains that, if a person handles hazardous waste which 
is not included in any one of the above three categories, his waste is 
subject to the subtitle C regulations diagrammed in Figure 4.
    Figure 4 is a flowchart which identifies the three categories of 
activities regulated under the subtitle C rules, and the corresponding 
set of rules with which people in each of these categories must comply. 
It points out that all people who handle hazardous waste are either: (1) 
Generators of hazardous waste, (2) transporters of hazardous waste, (3) 
owners or operators of hazardous waste treatment, storage, or disposal 
facilities, or (4) a combination of the above. Figure 4 indicates that 
all of these people must notify EPA of their hazardous waste activities 
in accordance with the Section 3010 Notification Procedures (see 45 FR 
12746 et seq.), and obtain an EPA identification number.
    It should be noted that people handling wastes listed in subpart D 
of part 261 who have filed, or who intend to file an application to 
exempt their waste from regulation under the subtitle C rules, must also 
comply with the notification requirements of section 3010.
    If a person generates hazardous waste, Figure 4 indicates that he 
must comply with the part 262 rules. If he transports it, he must comply 
with the part 263 rules. The standards in both these parts are designed 
to ensure, among other things, proper recordkeeping and reporting, the 
use of a manifest system to track shipments of hazardous waste, the use 
of proper labels and containers, and the delivery of the waste to a 
permitted treatment, storage, or disposal facility.
    If a person owns or operates a facility which treats, stores, or 
disposes of hazardous waste, the standards with which he must comply 
depend on a number of factors. First of all, if the owner or operator of 
a storage facility is also the person who generates the waste, and the 
waste is stored at the facility for less than 90 days for subsequent 
shipment off-site, then the person must comply with Sec. 262.34 of the 
part 262 rules.
    All other owners or operators of treatment, storage, or disposal 
facilities must comply with either the part 264 or the part 265 rules. 
To determine with which of these sets of rules an owner or operator must 
comply, he must find out whether his facility qualifies for interim 
status. To qualify, the owner or operator must: (1) Have been treating, 
storing, or disposing of the hazardous waste, or commenced facility 
construction on or before October 21, 1976, (2) comply with the section 
3010 notification requirements, and (3) apply for a permit under part 
270 of this chapter.
    If the owner or operator has done all of the above, he qualifies for 
interim status, and he must comply with the part 265 rules. These rules 
contain administrative requirements,

[[Page 28]]

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.
[GRAPHIC] [TIFF OMITTED] TC01AU92.000


[[Page 29]]


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[[Page 30]]


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[[Page 31]]


[GRAPHIC] [TIFF OMITTED] TC01AU92.003



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




                            Subpart A_General

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

[[Page 32]]

261.9 Requirements for Universal Waste.

  Subpart B_Criteria for Identifying the Characteristics of Hazardous 
                  Waste and for Listing Hazardous Waste

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

              Subpart C_Characteristics of Hazardous Waste

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

                   Subpart D_Lists of Hazardous Wastes

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

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

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

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



                            Subpart A_General



Sec. 261.1  Purpose and scope.

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

[[Page 33]]

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

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



Sec. 261.2  Definition of solid waste.

    (a)(1) A solid waste is any discarded material that is not excluded 
by

[[Page 34]]

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

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

    (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

[[Page 35]]

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

[50 FR 664, Jan. 4, 1985, as amended at 50 FR 33542, Aug. 20, 1985; 56 
FR 7206, Feb. 21, 1991; 56 FR 32688, July 17, 1991; 56 FR 42512, Aug. 
27, 1991; 57 FR 38564, Aug. 25, 1992; 59 FR 48042, Sept. 19, 1994; 62 FR 
6651, Feb. 12, 1997; 62 FR 26019, May 12, 1997; 63 FR 28636, May 26, 
1998; 64 FR 24513, May 11, 1999; 67 FR 11253, Mar. 13, 2002]



Sec. 261.3  Definition of hazardous waste.

    (a) A solid waste, as defined in Sec. 261.2, is a hazardous waste 
if:
    (1) It is not excluded from regulation as a hazardous waste under 
Sec. 261.4(b); and
    (2) It meets any of the following criteria:
    (i) It exhibits any of the characteristics of hazardous waste 
identified in subpart C of this part. However, any mixture of a waste 
from the extraction, beneficiation, and processing of ores and minerals 
excluded under Sec. 261.4(b)(7) and any other solid waste

[[Page 36]]

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

[[Page 37]]

    (E) Wastewater resulting from laboratory operations containing toxic 
(T) wastes listed in subpart D of this part, Provided, That the 
annualized average flow of laboratory wastewater does not exceed one 
percent of total wastewater flow into the headworks of the facility's 
wastewater treatment or pre-treatment system or provided the wastes, 
combined annualized average concentration does not exceed one part per 
million in the headworks of the facility's wastewater treatment or pre-
treatment facility. Toxic (T) wastes used in laboratories that are 
demonstrated not to be discharged to wastewater are not to be included 
in this calculation; or
    (F) One or more of the following wastes listed in Sec. 261.32--
wastewaters from the production of carbamates and carbamoyl oximes (EPA 
Hazardous Waste No. K157)--Provided that the maximum weekly usage of 
formaldehyde, methyl chloride, methylene chloride, and triethylamine 
(including all amounts that can not be demonstrated to be reacted in the 
process, destroyed through treatment, or is recovered, i.e., what is 
discharged or volatilized) divided by the average weekly flow of process 
wastewater prior to any dilutions into the headworks of the facility's 
wastewater treatment system does not exceed a total of 5 parts per 
million by weight; or
    (G) Wastewaters derived from the treatment of one or more of the 
following wastes listed in Sec. 261.32--organic waste (including heavy 
ends, still bottoms, light ends, spent solvents, filtrates, and 
decantates) from the production of carbamates and carbamoyl oximes (EPA 
Hazardous Waste No. K156).--Provided, that the maximum concentration of 
formaldehyde, methyl chloride, methylene chloride, and triethylamine 
prior to any dilutions into the headworks of the facility's wastewater 
treatment system does not exceed a total of 5 milligrams per liter.
    (v) Rebuttable presumption for used oil. Used oil containing more 
than 1000 ppm total halogens is presumed to be a hazardous waste because 
it has been mixed with halogenated hazardous waste listed in subpart D 
of part 261 of this chapter. Persons may rebut this presumption by 
demonstrating that the used oil does not contain hazardous waste (for 
example, by using an analytical method from SW-846, Third Edition, to 
show that the used oil does not contain significant concentrations of 
halogenated hazardous constituents listed in appendix VIII of part 261 
of this chapter). EPA Publication SW-846, Third Edition, is available 
for the cost of $110.00 from the Government Printing Office, 
Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250-7954. 
202-512-1800 (document number 955-001-00000-1).
    (A) The rebuttable presumption does not apply to metalworking oils/
fluids containing chlorinated paraffins, if they are processed, through 
a tolling agreement, to reclaim metalworking oils/fluids. The 
presumption does apply to metalworking oils/fluids if such oils/fluids 
are recycled in any other manner, or disposed.
    (B) The rebuttable presumption does not apply to used oils 
contaminated with chlorofluorocarbons (CFCs) removed from refrigeration 
units where the CFCs are destined for reclamation. The rebuttable 
presumption does apply to used oils contaminated with CFCs that have 
been mixed with used oil from sources other than refrigeration units.
    (b) A solid waste which is not excluded from regulation under 
paragraph (a)(1) of this section becomes a hazardous waste when any of 
the following events occur:
    (1) In the case of a waste listed in subpart D of this part, when 
the waste first meets the listing description set forth in subpart D of 
this part.
    (2) In the case of a mixture of solid waste and one or more listed 
hazardous wastes, when a hazardous waste listed in subpart D is first 
added to the solid waste.
    (3) In the case of any other waste (including a waste mixture), when 
the waste exhibits any of the characteristics identified in subpart C of 
this part.
    (c) Unless and until it meets the criteria of paragraph (d) of this 
section:
    (1) A hazardous waste will remain a hazardous waste.
    (2)(i) Except as otherwise provided in paragraph (c)(2)(ii), (g) or 
(h) of this section, any solid waste generated from the treatment, 
storage, or disposal of a

[[Page 38]]

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

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

    (2) A one-time notification and certification must be placed in the 
facility's files and sent to the EPA region or authorized state for 
K061, K062 or F006 HTMR residues that meet the generic exclusion levels 
for all constituents and do not exhibit any characteristics that are 
sent to subtitle D units. The notification and certification that is 
placed in the generators or treaters files must be updated if the 
process or operation generating the waste changes and/or if the subtitle 
D unit receiving the waste changes. However, the generator or treater 
need only notify the EPA region or an authorized state on an annual 
basis if such changes occur. Such notification and certification should 
be sent to the EPA region or authorized state by the end of 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

[[Page 39]]

standards applicable to the waste at the initial point of generation. 
The certification must be signed by an authorized representative and 
must state as follows: ``I certify under penalty of law that the generic 
exclusion levels for all constituents have been met without 
impermissible dilution and that no characteristic of hazardous waste is 
exhibited. I am aware that there are significant penalties for 
submitting a false certification, including the possibility of fine and 
imprisonment.''
    (D) Biological treatment sludge from the treatment of one of the 
following wastes listed in Sec. 261.32--organic waste (including heavy 
ends, still bottoms, light ends, spent solvents, filtrates, and 
decantates) from the production of carbamates and carbamoyl oximes (EPA 
Hazardous Waste No. K156), and wastewaters from the production of 
carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157).
    (E) Catalyst inert support media separated from one of the following 
wastes listed in Sec. 261.32--Spent hydrotreating catalyst (EPA 
Hazardous Waste No. K171), and Spent hydrorefining catalyst (EPA 
Hazardous Waste No. K172).
    (d) Any solid waste described in paragraph (c) of this section is 
not a hazardous waste if it meets the following criteria:
    (1) In the case of any solid waste, it does not exhibit any of the 
characteristics of hazardous waste identified in subpart C of this part. 
(However, wastes that exhibit a characteristic at the point of 
generation may still be subject to the requirements of part 268, even if 
they no longer exhibit a characteristic at the point of land disposal.)
    (2) In the case of a waste which is a listed waste under subpart D 
of this part, contains a waste listed under subpart D of this part or is 
derived from a waste listed in subpart D of this part, it also has been 
excluded from paragraph (c) of this section under Sec. Sec. 260.20 and 
260.22 of this chapter.
    (e) [Reserved]
    (f) Notwithstanding paragraphs (a) through (d) of this section and 
provided the debris as defined in part 268 of this chapter does not 
exhibit a characteristic identified at subpart C of this part, the 
following materials are not subject to regulation under 40 CFR parts 
260, 261 to 266, 268, or 270:
    (1) Hazardous debris as defined in part 268 of this chapter that has 
been treated using one of the required extraction or destruction 
technologies specified in Table 1 of Sec. 268.45 of this chapter; 
persons claiming this exclusion in an enforcement action will have the 
burden of proving by clear and convincing evidence that the material 
meets all of the exclusion requirements; or
    (2) Debris as defined in part 268 of this chapter that the Regional 
Administrator, considering the extent of contamination, has determined 
is no longer contaminated with hazardous waste.
    (g)(1) A hazardous waste that is listed in subpart D of this part 
solely because it exhibits one or more characteristics of ignitability 
as defined under Sec. 261.21, corrosivity as defined under Sec. 
261.22, or reactivity as defined under Sec. 261.23 is not a hazardous 
waste, if the waste no longer exhibits any characteristic of hazardous 
waste identified in subpart C of this part.
    (2) The exclusion described in paragraph (g)(1) of this section also 
pertains to:
    (i) Any mixture of a solid waste and a hazardous waste listed in 
subpart D of this part solely because it exhibits the characteristics of 
ignitability, corrosivity, or reactivity as regulated under paragraph 
(a)(2)(iv) of this section; and
    (ii) Any solid waste generated from treating, storing, or disposing 
of a hazardous waste listed in subpart D of this part solely because it 
exhibits the characteristics of ignitability, corrosivity, or reactivity 
as regulated under paragraph (c)(2)(i) of this section.
    (3) Wastes excluded under this section are subject to part 268 of 
this chapter (as applicable), even if they no longer exhibit a 
characteristic at the point of land disposal.
    (4) Any mixture of a solid waste excluded from regulation under 
Sec. 261.4(b)(7) and a hazardous waste listed in subpart D of this part 
solely because it exhibits one or more of the characteristics of 
ignitability, corrosivity, or reactivity as regulated

[[Page 40]]

under paragraph (a)(2)(iv) of this section is not a hazardous waste, if 
the mixture no longer exhibits any characteristic of hazardous waste 
identified in subpart C of this part for which the hazardous waste 
listed in subpart D of this part was listed.
    (h)(1) Hazardous waste containing radioactive waste is no longer a 
hazardous waste when it meets the eligibility criteria and conditions of 
40 CFR part 266, Subpart N (``eligible radioactive mixed waste'').
    (2) The exemption described in paragraph (h)(1) of this section also 
pertains to:
    (i) Any mixture of a solid waste and an eligible radioactive mixed 
waste; and
    (ii) Any solid waste generated from treating, storing, or disposing 
of an eligible radioactive mixed waste.
    (3) Waste exempted under this section must meet the eligibility 
criteria and specified conditions in 40 CFR 266.225 and 40 CFR 266.230 
(for storage and treatment) and in 40 CFR 266.310 and 40 CFR 266.315 
(for transportation and disposal). Waste that fails to satisfy these 
eligibility criteria and conditions is regulated as hazardous waste.

[57 FR 7632, Mar. 3, 1992; 57 FR 23063, June 1, 1992, as amended at 57 
FR 37263, Aug. 18, 1992; 57 FR 41611, Sept. 10, 1992; 57 FR 49279, Oct. 
30, 1992; 59 FR 38545, July 28, 1994; 60 FR 7848, Feb. 9, 1995; 63 FR 
28637, May 26, 1998; 63 FR 42184, Aug. 6, 1998; 66 FR 27297, May 16, 
2001; 66 FR 50333, Oct. 3, 2001]

    Effective Date Note: At 70 FR 34561, June 14, 2005, Sec. 261.3 was 
amended by revising paragraph (a)(2)(v), effective July 14, 2005. For 
the convenience of the user, the revised text is set forth as follows:

Sec. 261.3  Definition of hazardous waste.

    (a) * * *
    (2) * * *
    (v) Rebuttable presumption for used oil. Used oil containing more 
than 1000 ppm total halogens is presumed to be a hazardous waste because 
it has been mixed with halogenated hazardous waste listed in subpart D 
of part 261 of this chapter. Persons may rebut this presumption by 
demonstrating that the used oil does not contain hazardous waste (for 
example, to show that the used oil does not contain significant 
concentrations of halogenated hazardous constituents listed in appendix 
VIII of part 261 of this chapter).

                                * * * * *



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);

[[Page 41]]

    (iii) The secondary materials are never accumulated in such tanks 
for over twelve months without being reclaimed; and
    (iv) The reclaimed material is not used to produce a fuel, or used 
to produce products that are used in a manner constituting disposal.
    (9)(i) Spent wood preserving solutions that have been reclaimed and 
are reused for their original intended purpose; and
    (ii) Wastewaters from the wood preserving process that have been 
reclaimed and are reused to treat wood.
    (iii) Prior to reuse, the wood preserving wastewaters and spent wood 
preserving solutions described in paragraphs (a)(9)(i) and (a)(9)(ii) of 
this section, so long as they meet all of the following conditions:
    (A) The wood preserving wastewaters and spent wood preserving 
solutions are reused on-site at water borne plants in the production 
process for their original intended purpose;
    (B) Prior to reuse, the wastewaters and spent wood preserving 
solutions are managed to prevent release to either land or groundwater 
or both;
    (C) Any unit used to manage wastewaters and/or spent wood preserving 
solutions prior to reuse can be visually or otherwise determined to 
prevent such releases;
    (D) Any drip pad used to manage the wastewaters and/or spent wood 
preserving solutions prior to reuse complies with the standards in part 
265, subpart W of this chapter, regardless of whether the plant 
generates a total of less than 100 kg/month of hazardous waste; and
    (E) Prior to operating pursuant to this exclusion, the plant owner 
or operator submits to the appropriate Regional Administrator or State 
Director a one-time notification stating that the plant intends to claim 
the exclusion, giving the date on which the plant intends to begin 
operating under the exclusion, and containing the following language: 
``I have read the applicable regulation establishing an exclusion for 
wood preserving wastewaters and spent wood preserving solutions and 
understand it requires me to comply at all times with the conditions set 
out in the regulation.'' The plant must maintain a copy of that document 
in its on-site records for a period of no less than 3 years from the 
date specified in the notice. The exclusion applies only so long as the 
plant meets all of the conditions. If the plant goes out of compliance 
with any condition, it may apply to the appropriate Regional 
Administrator or State Director for reinstatement. The Regional 
Administrator or State Director may reinstate the exclusion upon finding 
that the plant has returned to compliance with all conditions and that 
violations are not likely to recur.
    (10) EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, 
K145, K147, and K148, and any wastes from the coke by-products processes 
that are hazardous only because they exhibit the Toxicity Characteristic 
(TC) specified in section 261.24 of this part when, subsequent to 
generation, these materials are recycled to coke ovens, to the tar 
recovery process as a feedstock to produce coal tar, or mixed with coal 
tar prior to the tar's sale or refining. This exclusion is conditioned 
on there being no land disposal of the wastes from the point they are 
generated to the point they are recycled to coke ovens or tar recovery 
or refining processes, or mixed with coal tar.
    (11) Nonwastewater splash condenser dross residue from the treatment 
of K061 in high temperature metals recovery units, provided it is 
shipped in drums (if shipped) and not land disposed before recovery.
    (12) (i) Oil-bearing hazardous secondary materials (i.e., sludges, 
byproducts, or spent materials) that are generated at a petroleum 
refinery (SIC code 2911) and are inserted into the petroleum refining 
process (SIC code 2911--including, but not limited to, distillation, 
catalytic cracking, fractionation, or thermal cracking units (i.e., 
cokers)) unless the material is placed on the land, or speculatively 
accumulated before being so recycled. Materials inserted into thermal 
cracking units are excluded under this paragraph, provided that the coke 
product also does not exhibit a characteristic of hazardous waste. Oil-
bearing hazardous secondary materials may be inserted into the same 
petroleum refinery

[[Page 42]]

where they are generated, or sent directly to another petroleum 
refinery, and still be excluded under this provision. Except as provided 
in paragraph (a)(12)(ii) of this section, oil-bearing hazardous 
secondary materials generated elsewhere in the petroleum industry (i.e., 
from sources other than petroleum refineries) are not excluded under 
this section. Residuals generated from processing or recycling materials 
excluded under this paragraph (a)(12)(i), where such materials as 
generated would have otherwise met a listing under subpart D of this 
part, are designated as F037 listed wastes when disposed of or intended 
for disposal.
    (ii) Recovered oil that is recycled in the same manner and with the 
same conditions as described in paragraph (a)(12)(i) of this section. 
Recovered oil is oil that has been reclaimed from secondary materials 
(including wastewater) generated from normal petroleum industry 
practices, including refining, exploration and production, bulk storage, 
and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 
1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172.) Recovered oil 
does not include oil-bearing hazardous wastes listed in subpart D of 
this part; however, oil recovered from such wastes may be considered 
recovered oil. Recovered oil does not include used oil as defined in 40 
CFR 279.1.
    (13) Excluded scrap metal (processed scrap metal, unprocessed home 
scrap metal, and unprocessed prompt scrap metal) being recycled.
    (14) Shredded circuit boards being recycled provided that they are:
    (i) Stored in containers sufficient to prevent a release to the 
environment prior to recovery; and
    (ii) Free of mercury switches, mercury relays and nickel-cadmium 
batteries and lithium batteries.
    (15) Condensates derived from the overhead gases from kraft mill 
steam strippers that are used to comply with 40 CFR 63.446(e). The 
exemption applies only to combustion at the mill generating the 
condensates.
    (16) Comparable fuels or comparable syngas fuels (i.e., comparable/
syngas fuels) that meet the requirements of Sec. 261.38.
    (17) Spent materials (as defined in Sec. 261.1) (other than 
hazardous wastes listed in subpart D of this part) generated within the 
primary mineral processing industry from which minerals, acids, cyanide, 
water, or other values are recovered by mineral processing or by 
beneficiation, provided that:
    (i) The spent material is legitimately recycled to recover minerals, 
acids, cyanide, water or other values;
    (ii) The spent material is not accumulated speculatively;
    (iii) Except as provided in paragraph (a)(17)(iv) of this section, 
the spent material is stored in tanks, containers, or buildings meeting 
the following minimum integrity standards: a building must be an 
engineered structure with a floor, walls, and a roof all of which are 
made of non-earthen materials providing structural support (except 
smelter buildings may have partially earthen floors provided the 
secondary material is stored on the non-earthen portion), and have a 
roof suitable for diverting rainwater away from the foundation; a tank 
must be free standing, not be a surface impoundment (as defined in 40 
CFR 260.10), and be manufactured of a material suitable for containment 
of its contents; a container must be free standing and be manufactured 
of a material suitable for containment of its contents. If tanks or 
containers contain any particulate which may be subject to wind 
dispersal, the owner/operator must operate these units in a manner which 
controls fugitive dust. Tanks, containers, and buildings must be 
designed, constructed and operated to prevent significant releases to 
the environment of these materials.
    (iv) The Regional Administrator or State Director may make a site-
specific determination, after public review and comment, that only solid 
mineral processing spent material may be placed on pads rather than 
tanks containers, or buildings. Solid mineral processing spent materials 
do not contain any free liquid. The decision-maker must affirm that pads 
are designed, constructed and operated to prevent significant releases 
of the secondary material into the environment. Pads must provide the 
same degree of

[[Page 43]]

containment afforded by the non-RCRA tanks, containers and buildings 
eligible for exclusion.
    (A) The decision-maker must also consider if storage on pads poses 
the potential for significant releases via groundwater, surface water, 
and air exposure pathways. Factors to be considered for assessing the 
groundwater, surface water, air exposure pathways are: The volume and 
physical and chemical properties of the secondary material, including 
its potential for migration off the pad; the potential for human or 
environmental exposure to hazardous constituents migrating from the pad 
via each exposure pathway, and the possibility and extent of harm to 
human and environmental receptors via each exposure pathway.
    (B) Pads must meet the following minimum standards: Be designed of 
non-earthen material that is compatible with the chemical nature of the 
mineral processing spent material, capable of withstanding physical 
stresses associated with placement and removal, have run on/runoff 
controls, be operated in a manner which controls fugitive dust, and have 
integrity assurance through inspections and maintenance programs.
    (C) Before making a determination under this paragraph, the Regional 
Administrator or State Director must provide notice and the opportunity 
for comment to all persons potentially interested in the determination. 
This can be accomplished by placing notice of this action in major local 
newspapers, or broadcasting notice over local radio stations.
    (v) The owner or operator provides notice to the Regional 
Administrator or State Director providing the following information: The 
types of materials to be recycled; the type and location of the storage 
units and recycling processes; and the annual quantities expected to be 
placed in land-based units. This notification must be updated when there 
is a change in the type of materials recycled or the location of the 
recycling process.
    (vi) For purposes of paragraph (a)(7) of this section, mineral 
processing spent materials must be the result of mineral processing and 
may not include any listed hazardous wastes. Listed hazardous wastes and 
characteristic hazardous wastes generated by non-mineral processing 
industries are not eligible for the conditional exclusion from the 
definition of solid waste.
    (18) Petrochemical recovered oil from an associated organic chemical 
manufacturing facility, where the oil is to be inserted into the 
petroleum refining process (SIC code 2911) along with normal petroleum 
refinery process streams, provided:
    (i) The oil is hazardous only because it exhibits the characteristic 
of ignitability (as defined in Sec. 261.21) and/or toxicity for benzene 
(Sec. 261.24, waste code D018); and
    (ii) The oil generated by the organic chemical manufacturing 
facility is not placed on the land, or speculatively accumulated before 
being recycled into the petroleum refining process. An ``associated 
organic chemical manufacturing facility'' is a facility where the 
primary SIC code is 2869, but where operations may also include SIC 
codes 2821, 2822, and 2865; and is physically co-located with a 
petroleum refinery; and where the petroleum refinery to which the oil 
being recycled is returned also provides hydrocarbon feedstocks to the 
organic chemical manufacturing facility. ``Petrochemical recovered oil'' 
is oil that has been reclaimed from secondary materials (i.e., sludges, 
byproducts, or spent materials, including wastewater) from normal 
organic chemical manufacturing operations, as well as oil recovered from 
organic chemical manufacturing processes.
    (19) Spent caustic solutions from petroleum refining liquid treating 
processes used as a feedstock to produce cresylic or naphthenic acid 
unless the material is placed on the land, or accumulated speculatively 
as defined in Sec. 261.1(c).
    (20) Hazardous secondary materials used to make zinc fertilizers, 
provided that the following conditions specified are satisfied:
    (i) Hazardous secondary materials used to make zinc micronutrient 
fertilizers must not be accumulated speculatively, as defined in Sec. 
261.1 (c)(8).

[[Page 44]]

    (ii) Generators and intermediate handlers of zinc-bearing hazardous 
secondary materials that are to be incorporated into zinc fertilizers 
must:
    (A) Submit a one-time notice to the Regional Administrator or State 
Director in whose jurisdiction the exclusion is being claimed, which 
contains the name, address and EPA ID number of the generator or 
intermediate handler facility, provides a brief description of the 
secondary material that will be subject to the exclusion, and identifies 
when the manufacturer intends to begin managing excluded, zinc-bearing 
hazardous secondary materials under the conditions specified in this 
paragraph (a)(20).
    (B) Store the excluded secondary material in tanks, containers, or 
buildings that are constructed and maintained in a way that prevents 
releases of the secondary materials into the environment. At a minimum, 
any building used for this purpose must be an engineered structure made 
of non-earthen materials that provide structural support, and must have 
a floor, walls and a roof that prevent wind dispersal and contact with 
rainwater. Tanks used for this purpose must be structurally sound and, 
if outdoors, must have roofs or covers that prevent contact with wind 
and rain. Containers used for this purpose must be kept closed except 
when it is necessary to add or remove material, and must be in sound 
condition. Containers that are stored outdoors must be managed within 
storage areas that:
    (1) Have containment structures or systems sufficiently impervious 
to contain leaks, spills and accumulated precipitation; and
    (2) Provide for effective drainage and removal of leaks, spills and 
accumulated precipitation; and
    (3) Prevent run-on into the containment system.
    (C) With each off-site shipment of excluded hazardous secondary 
materials, provide written notice to the receiving facility that the 
material is subject to the conditions of this paragraph (a)(20).
    (D) Maintain at the generator's or intermediate handlers's facility 
for no less than three years records of all shipments of excluded 
hazardous secondary materials. For each shipment these records must at a 
minimum contain the following information:
    (1) Name of the transporter and date of the shipment;
    (2) Name and address of the facility that received the excluded 
material, and documentation confirming receipt of the shipment; and
    (3) Type and quantity of excluded secondary material in each 
shipment.
    (iii) Manufacturers of zinc fertilizers or zinc fertilizer 
ingredients made from excluded hazardous secondary materials must:
    (A) Store excluded hazardous secondary materials in accordance with 
the storage requirements for generators and intermediate handlers, as 
specified in paragraph (a)(20)(ii)(B) of this section.
    (B) Submit a one-time notification to the Regional Administrator or 
State Director that, at a minimum, specifies the name, address and EPA 
ID number of the manufacturing facility, and identifies when the 
manufacturer intends to begin managing excluded, zinc-bearing hazardous 
secondary materials under the conditions specified in this paragraph 
(a)(20).
    (C) Maintain for a minimum of three years records of all shipments 
of excluded hazardous secondary materials received by the manufacturer, 
which must at a minimum identify for each shipment the name and address 
of the generating facility, name of transporter and date the materials 
were received, the quantity received, and a brief description of the 
industrial process that generated the material.
    (D) Submit to the Regional Administrator or State Director an annual 
report that identifies the total quantities of all excluded hazardous 
secondary materials that were used to manufacture zinc fertilizers or 
zinc fertilizer ingredients in the previous year, the name and address 
of each generating facility, and the industrial process(s) from which 
they were generated.
    (iv) Nothing in this section preempts, overrides or otherwise 
negates the provision in Sec. 262.11 of this chapter, which requires 
any person who generates a solid waste to determine if that waste is a 
hazardous waste.
    (v) Interim status and permitted storage units that have been used 
to

[[Page 45]]

store only zinc-bearing hazardous wastes prior to the submission of the 
one-time notice described inparagraph (a)(20)(ii)(A) of this section, 
and that afterward will be used only to store hazardous secondary 
materials excluded under this paragraph, are not subject to the closure 
requirements of 40 CFR Parts 264 and 265.
    (21) Zinc fertilizers made from hazardous wastes, or hazardous 
secondary materials that are excluded under paragraph (a)(20) of this 
section, provided that:
    (i) The fertilizers meet the following contaminant limits:
    (A) For metal contaminants:

------------------------------------------------------------------------
                                                              Maximum
                                                             Allowable
                                                               Total
                                                           Concentration
                       Constituent                               in
                                                            Fertilizer,
                                                           per Unit (1%)
                                                           of Zinc (ppm)
------------------------------------------------------------------------
Arsenic..................................................           0.3
Cadmium..................................................           1.4
Chromium.................................................           0.6
Lead.....................................................           2.8
Mercury..................................................           0.3
------------------------------------------------------------------------

    (B) For dioxin contaminants the fertilizer must contain no more than 
eight (8) parts per trillion of dioxin, measured as toxic equivalent 
(TEQ).
    (ii) The manufacturer performs sampling and analysis of the 
fertilizer product to determine compliance with the contaminant limits 
for metals no less than every six months, and for dioxins no less than 
every twelve months. Testing must also be performed whenever changes 
occur to manufacturing processes or ingredients that could significantly 
affect the amounts of contaminants in the fertilizer product. The 
manufacturer may use any reliable analytical method to demonstrate that 
no constituent of concern is present in the product at concentrations 
above the applicable limits. It is the responsibility of the 
manufacturer to ensure that the sampling and analysis are unbiased, 
precise, and representative of the product(s) introduced into commerce.
    (iii) The manufacturer maintains for no less than three years 
records of all sampling and analyses performed for purposes of 
determining compliance with the requirements of paragraph (a)(21)(ii) of 
this section. Such records must at a minimum include:
    (A) The dates and times product samples were taken, and the dates 
the samples were analyzed;
    (B) The names and qualifications of the person(s) taking the 
samples;
    (C) A description of the methods and equipment used to take the 
samples;
    (D) The name and address of the laboratory facility at which 
analyses of the samples were performed;
    (E) A description of the analytical methods used, including any 
cleanup and sample preparation methods; and
    (F) All laboratory analytical results used to determine compliance 
with the contaminant limits specified in this paragraph (a)(21).
    (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:

[[Page 46]]

    (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.
    (ii) Specific waste which meet the standard in paragraphs (b)(6)(i) 
(A), (B), and (C) (so long as they do not fail the test for the toxicity 
characteristic for any other constituent, and do not exhibit any other 
characteristic) are:
    (A) Chrome (blue) trimmings generated by the following subcategories 
of the leather tanning and finishing industry; hair pulp/chrome tan/
retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet 
finish; no beamhouse; through-the-blue; and shearling.
    (B) Chrome (blue) shavings generated by the following subcategories 
of the leather tanning and finishing industry: Hair pulp/chrome tan/
retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet 
finish; no beamhouse; through-the-blue; and shearling.
    (C) Buffing dust generated by the following subcategories of the 
leather tanning and finishing industry; hair pulp/chrome tan/retan/wet 
finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no 
beamhouse; through-the-blue.
    (D) Sewer screenings generated by the following subcategories of the 
leather tanning and finishing industry: Hair pulp/crome tan/retan/wet 
finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no 
beamhouse; through-the-blue; and shearling.
    (E) Wastewater treatment sludges generated by the following 
subcategories of the leather tanning and finishing industry: Hair pulp/
chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; 
retan/wet finish; no beamhouse; through-the-blue; and shearling.
    (F) Wastewater treatment sludes generated by the following 
subcategories of the leather tanning and finishing industry: Hair pulp/
chrome tan/retan/wet finish; hair save/chrometan/retan/wet finish; and 
through-the-blue.
    (G) Waste scrap leather from the leather tanning industry, the shoe 
manufacturing industry, and other leather product manufacturing 
industries.
    (H) Wastewater treatment sludges from the production of 
TiO2 pigment using chromium-bearing ores by the chloride 
process.
    (7) Solid waste from the extraction, beneficiation, and processing 
of ores and minerals (including coal, phosphate rock, and overburden 
from the mining of uranium ore), except as provided by Sec. 266.112 of 
this chapter for facilities that burn or process hazardous waste.
    (i) For purposes of Sec. 261.4(b)(7) beneficiation of ores and 
minerals is restricted to the following activities; crushing; grinding; 
washing; dissolution; crystallization; filtration; sorting; sizing; 
drying; sintering; pelletizing; briquetting; calcining to remove water 
and/or carbon dioxide; roasting, autoclaving, and/or chlorination in 
preparation for leaching (except where the roasting (and/or

[[Page 47]]

autoclaving and/or chlorination)/leaching sequence produces a final or 
intermediate product that does not undergo further beneficiation or 
processing); gravity concentration; magnetic separation; electrostatic 
separation; flotation; ion exchange; solvent extraction; electrowinning; 
precipitation; amalgamation; and heap, dump, vat, tank, and in situ 
leaching.
    (ii) For the purposes of Sec. 261.4(b)(7), solid waste from the 
processing of ores and minerals includes only the following wastes as 
generated:
    (A) Slag from primary copper processing;
    (B) Slag from primary lead processing;
    (C) Red and brown muds from bauxite refining;
    (D) Phosphogypsum from phosphoric acid production;
    (E) Slag from elemental phosphorus production;
    (F) Gasifier ash from coal gasification;
    (G) Process wastewater from coal gasification;
    (H) Calcium sulfate wastewater treatment plant sludge from primary 
copper processing;
    (I) Slag tailings from primary copper processing;
    (J) Fluorogypsum from hydrofluoric acid production;
    (K) Process wastewater from hydrofluoric acid production;
    (L) Air pollution control dust/sludge from iron blast furnaces;
    (M) Iron blast furnace slag;
    (N) Treated residue from roasting/leaching of chrome ore;
    (O) Process wastewater from primary magnesium processing by the 
anhydrous process;
    (P) Process wastewater from phosphoric acid production;
    (Q) Basic oxygen furnace and open hearth furnace air pollution 
control dust/sludge from carbon steel production;
    (R) Basic oxygen furnace and open hearth furnace slag from carbon 
steel production;
    (S ) Chloride process waste solids from titanium tetrachloride 
production;
    (T) Slag from primary zinc processing.
    (iii) A residue derived from co-processing mineral processing 
secondary materials with normal beneficiation raw materials or with 
normal mineral processing raw materials remains excluded under paragraph 
(b) of this section if the owner or operator:
    (A) Processes at least 50 percent by weight normal beneficiation raw 
materials or normal mineral processing raw materials; and,
    (B) Legitimately reclaims the secondary mineral processing 
materials.
    (8) Cement kiln dust waste, except as provided by Sec. 266.112 of 
this chapter for facilities that burn or process hazardous waste.
    (9) Solid waste which consists of discarded arsenical-treated wood 
or wood products which fails the test for the Toxicity Characteristic 
for Hazardous Waste Codes D004 through D017 and which is not a hazardous 
waste for any other reason if the waste is generated by persons who 
utilize the arsenical-treated wood and wood 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:

[[Page 48]]

    (i) Operations are performed pursuant to a written state agreement 
that includes a provision to assess the groundwater and the need for 
further remediation once the free phase recovery is completed; and
    (ii) A copy of the written agreement has been submitted to: Waste 
Identification Branch (5304), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.
    (12) Used chlorofluorocarbon refrigerants from totally enclosed heat 
transfer equipment, including mobile air conditioning systems, mobile 
refrigeration, and commercial and industrial air conditioning and 
refrigeration systems that use chlorofluorocarbons as the heat transfer 
fluid in a refrigeration cycle, provided the refrigerant is reclaimed 
for further use.
    (13) Non-terne plated used oil filters that are not mixed with 
wastes listed in subpart D of this part if these oil filters have been 
gravity hot-drained using one of the following methods:
    (i) Puncturing the filter anti-drain back valve or the filter dome 
end and hot-draining;
    (ii) Hot-draining and crushing;
    (iii) Dismantling and hot-draining; or
    (iv) Any other equivalent hot-draining method that will remove used 
oil.
    (14) Used oil re-refining distillation bottoms that are used as 
feedstock to manufacture asphalt products.
    (15) Leachate or gas condensate collected from landfills where 
certain solid wastes have been disposed, provided that:
    (i) The solid wastes disposed would meet one or more of the listing 
descriptions for Hazardous Waste Codes K169, K170, K171, K172, K174, 
K175, K176, K177, and K178, if these wastes had been generated after the 
effective date of the listing;
    (ii) The solid wastes described in paragraph (b)(15)(i) of this 
section were disposed prior to the effective date of the listing:
    (iii) The leachate or gas condensate do not exhibit any 
characteristic of hazardous waste nor are derived from any other listed 
hazardous waste;
    (iv) Discharge of the leachate or gas condensate, including leachate 
or gas condensate transferred from the landfill to a POTW by truck, 
rail, or dedicated pipe, is subject to regulation under sections 307(b) 
or 402 of the Clean Water Act.
    (v) As of February 13, 2001, leachate or gas condensate derived from 
K169-K172 is no longer exempt if it is stored or managed in a surface 
impoundment prior to discharge. After November 21, 2003, leachate or gas 
condensate derived from K176, K177, and K178 will no longer be exempt if 
it is stored or managed in a surface impoundment prior to discharge. 
There is one exception: if the surface impoundment is used to 
temporarily store leachate or gas condensate in response to an emergency 
situation (e.g., shutdown of wastewater treatment system), provided the 
impoundment has a double liner, and provided the leachate or gas 
condensate is removed from the impoundment and continues to be managed 
in compliance with the conditions of this paragraph (b)(15)(v) after the 
emergency ends.
    (16) Sludges resulting from the treatment of wastewaters (not 
including spent plating solutions) generated by the copper metallization 
process at the International Business Machines Corporation (IBM) 
semiconductor manufacturing facility in Essex Junction, VT, are exempt 
from the F006 listing, provided that:
    (i) IBM provides the Agency with semi-annual reports (by January 15 
and July 15 of each year) detailing constituent analyses measuring the 
concentrations of volatiles, semi-volatiles, and metals using methods 
presented in part 264, appendix IX of this chapter of both the plating 
solution utilized by, and the rinsewaters generated by, the copper 
metallization process;
    (ii) IBM provides the agency with semi-annual reports (by January 15 
and July 15 of each year), through the year 2004, or when IBM has 
achieved its facility-wide goal of a 40% reduction in greenhouse gas 
emissions from a 1995 base year (when normalized to production), 
whichever is first, that contain the following:
    (A) Estimated greenhouse gas emissions, and estimated greenhouse gas 
emission reductions. Greenhouse gas emissions will be reported in terms 
of total mass emitted and mass emitted normalized to production; and

[[Page 49]]

    (B) The number of chemical vapor deposition chambers used in the 
semiconductor manufacturing production line that have been converted to 
either low flow C2F6 or NF3 during the 
reporting period and the number of such chambers remaining to be 
converted to achieve the facility goal for global warming gas emission 
reductions.
    (iii) No significant changes are made to the copper metallization 
process such that any of the constituents listed in 40 CFR part 261, 
appendix VII as the basis for the F006 listing are introduced into the 
process.
    (17) Solid waste that would otherwise meet the definition of low-
level mixed wastes (LLMW) pursuant to Sec. 266.210 of this chapter that 
is generated at the Ortho-McNeil Pharmaceutical, Inc. (OMP Spring House) 
research and development facility in Spring House, Pennsylvania and 
treated on-site using a bench-scale high temperature catalytic oxidation 
unit is not a hazardous waste provided that:
    (i) The total volume of LLMW generated and treated is no greater 
than 50 liters/year, (ii) OMP Spring House submits a written report to 
the EPA Region III office once every six months beginning six months 
after June 27, 2005, that must contain the following:
    (A) Analysis demonstrating the destruction and removal efficiency of 
the treatment technology for all organic components of the wastestream,
    (B) Analysis demonstrating the capture efficiencies of the treatment 
technology for all radioactive components of the wastestream and an 
estimate of the amount of radioactivity released during the reporting 
period,
    (C) Analysis (including concentrations of constituents, including 
inorganic constituents, present and radioactivity) of the wastestream 
prior to and after treatment,
    (D) Volume of the wastestream being treated per batch, as well as a 
total for the duration of the reporting period, and
    (E) Final disposition of the radioactive residuals from the 
treatment of the wastestream.
    (iii) OMP Spring House makes no significant changes to the design or 
operation of the high temperature catalytic oxidation unit or the 
wastestream.
    (iv) This exclusion will remain in affect for 5 years from June 27, 
2005.
    (18) By-products resulting from the production of automobile air bag 
gas generants at the Autoliv ASP Inc. facility in Promontory Utah, 
(Autoliv) are exempt from the D003 listing, for a period of five years 
from May 9, 2001, provided that:
    (i) The by-product gas generants are processed on-site in Autoliv's 
Metal Recovery Furnace (MRF).
    (A) By-product gas generants must only be fed to the MRF when it is 
operating in conformance with the State of Utah, Division of Air 
Quality's Approval Order DAQE-549-97.
    (B) Combustion gas temperature must be maintained below 400 degrees 
Fahrenheit at the baghouse inlet.
    (ii) Prior to processing in the MRF, the by-product gas generants 
are managed in accordance with the requirements specified in 40 CFR 
262.34.
    (iii) The Autoliv facility and the MRF are operated and managed in 
accordance with the requirements of 40 CFR Part 265, Subparts B, C, D, 
E, G, H, I, and O.
    (iv) Residues derived from the processing of by-product gas 
generants in the MRF are managed in accordance with the requirements 
specified in 40 CFR Parts 262 and 268.
    (v) The following testing of the MRF's stack gas emissions is 
conducted:
    (A) An initial test shall be conducted within 30 operating days of 
starting feed of by-product gas generants to the MRF. EPA may extend 
this deadline, at the request of Autoliv, when good cause is shown. The 
initial test shall consist of three duplicate runs sampling for:
    (1) Particulate matter using Method 5 as specified in 40 CFR Part 
60, Appendix A.
    (2) The metals Aluminum, Arsenic, Barium, Beryllium, Boron, Cadmium, 
Chromium, Cobalt, Copper, Lead, and Nickel using Method 29 as specified 
in 40 CFR Part 60, Appendix A.
    (3) Polychlorinated di-benzo dioxins and furans using Method 23 
0023A as specified in 40 CFR Part 60, Appendix A.

[[Page 50]]

    (4) Carbon monoxide using Method 10 as specified in 40 CFR Part 60, 
Appendix A.
    (B) After the initial test is completed, an annual stack test (12 
months from the previous initial stack test) of the MRF shall be 
conducted. The annual tests shall consist of three duplicate runs using 
Method 29 and Method 5 as specified in 40 CFR Part 60, Appendix A.
    (C) Testing shall be conducted while by-product gas generants are 
fed to the MRF at no less than 90% of the planned maximum feed rate, and 
with the MRF operating parameters within normal ranges.
    (D) Initial stack testing results and additional project performance 
data and information, including the quantity of by-product gas generants 
processed and the operating parameter values during the test runs, will 
be submitted by Autoliv to the State of Utah and EPA within 60 days of 
the completion of the initial stack test.
    (E) Annual stack test results and additional project performance 
data and information, including the quantity of by-product gas generants 
processed and the operating parameter values during the test runs, will 
be submitted by Autoliv to EPA and the State of Utah within 60 days of 
the completion of the annual test.
    (vi) Combustion gas discharged to the atmosphere from the MRF meets 
the following limits:
    (A) Dioxin emissions do not exceed 0.4 ng per dry standard cubic 
meter on a toxicity equivalent quotient (TEQ) basis corrected to 7% 
Oxygen.
    (B) Combined lead and cadmium emissions do not exceed 240 ug per dry 
standard cubic meter corrected to 7% Oxygen.
    (C) Combined arsenic, beryllium, and chromium emissions do not 
exceed 97 ug per dry standard cubic meter corrected to 7% Oxygen.
    (D) Particulate matter emissions do not exceed 34 mg per dry 
standard cubic meter corrected to 7% Oxygen.
    (E) If the limits specified in paragraphs (b)(18)(vi)(A) through (D) 
of this section are exceeded, Autoliv shall discontinue feeding gas 
generants to the MRF until such time as Autoliv can demonstrate to EPA 
and the state of Utah satisfaction that the MRF combustion gas emissions 
can meet the limits specified in paragraphs (b)(18)(vi) (A) through (D) 
of this section
    (vii) No by-product gas generants or other pyrotechnic wastes 
generated off-site will be received at the Autoliv facility in 
Promontory, Utah or processed in the MRF unless otherwise allowed by law 
(permit or regulation).
    (viii) Autoliv will provide EPA and the state of Utah with semi-
annual reports (by January 30 and July 30 of each year).
    (A) The semi-annual reports will document the amounts of by-product 
gas generants processed during the reporting period.
    (B) The semi-annual reports will provide a summary of the MRF 
Operating Record during the reporting period, including information on 
by-product gas generant composition, average feed rates, upset 
conditions, and spills or releases.
    (ix) No significant changes are made to the operating parameter 
production values of Autoliv's production of air bag gas generants such 
that any of the constituents listed in appendix VIII of this part are 
introduced into the process.
    (x) Autoliv reports to the EPA any noncompliance which may endanger 
health or the environment orally within 24 hours from the time Autoliv 
becomes aware of the circumstances, including:
    (A) Any information of a release, discharge, fire, or explosion from 
the MRF, which could threaten the environment or human health.
    (B) The description of the occurrence and its cause shall include:
    (1) Name, address, and telephone number of the facility;
    (2) Date, time, and type of incident;
    (3) Name and quantity of material(s) involved;
    (4) The extent of injuries, if any;
    (5) An assessment of actual or potential hazards to the environment 
and human health, and
    (6) Estimated quantity and disposition of recovered material that 
resulted from the incident.
    (C) A written notice shall also be provided within five days of the 
time

[[Page 51]]

Autoliv becomes aware of the circumstances. The written notice shall 
contain a description of the non-compliance and its cause; the period of 
noncompliance including exact dates and times, and if the noncompliance 
has not been corrected, the anticipated time it is expected to continue; 
and steps taken or planned to reduce, eliminate, and prevent 
reoccurrence of the noncompliance. The EPA may waive the five day 
written notice requirement in favor of a written report within fifteen 
days.
    (xi) Notifications and submissions made under paragraph (b)(18) of 
this section shall be sent to the Regional Assistant Administrator for 
the Office of Partnerships and Regulatory Assistance, U.S. EPA, Region 8 
and the Executive Secretary of the Utah Solid and Hazardous Waste 
Control Board.
    (c) Hazardous wastes which are exempted from certain regulations. A 
hazardous waste which is generated in a product or raw material storage 
tank, a product or raw material transport vehicle or vessel, a product 
or raw material pipeline, or in a manufacturing process unit or an 
associated non-waste-treatment-manufacturing unit, is not subject to 
regulation under parts 262 through 265, 268, 270, 271 and 124 of this 
chapter or to the notification requirements of section 3010 of RCRA 
until it exits the unit in which it was generated, unless the unit is a 
surface impoundment, or unless the hazardous waste remains in the unit 
more than 90 days after the unit ceases to be operated for 
manufacturing, or for storage or transportation of product or raw 
materials.
    (d) Samples. (1) Except as provided in paragraph (d)(2) of this 
section, a sample of solid waste or a sample of water, soil, or air, 
which is collected for the sole purpose of testing to determine its 
characteristics or composition, is not subject to any requirements of 
this part or parts 262 through 268 or part 270 or part 124 of this 
chapter or to the notification requirements of section 3010 of RCRA, 
when:
    (i) The sample is being transported to a laboratory for the purpose 
of testing; or
    (ii) The sample is being transported back to the sample collector 
after testing; or
    (iii) The sample is being stored by the sample collector before 
transport to a laboratory for testing; or
    (iv) The sample is being stored in a laboratory before testing; or
    (v) The sample is being stored in a laboratory after testing but 
before it is returned to the sample collector; or
    (vi) The sample is being stored temporarily in the laboratory after 
testing for a specific purpose (for example, until conclusion of a court 
case or enforcement action where further testing of the sample may be 
necessary).
    (2) In order to qualify for the exemption in paragraphs (d)(1) (i) 
and (ii) of this section, a sample collector shipping samples to a 
laboratory and a laboratory returning samples to a sample collector 
must:
    (i) Comply with U.S. Department of Transportation (DOT), U.S. Postal 
Service (USPS), or any other applicable shipping requirements; or
    (ii) Comply with the following requirements if the sample collector 
determines that DOT, USPS, or other shipping requirements do not apply 
to the shipment of the sample:
    (A) Assure that the following information accompanies the sample:
    (1) The sample collector's name, mailing address, and telephone 
number;
    (2) The laboratory's name, mailing address, and telephone number;
    (3) The quantity of the sample;
    (4) The date of shipment; and
    (5) A description of the sample.
    (B) Package the sample so that it does not leak, spill, or vaporize 
from its packaging.
    (3) This exemption does not apply if the laboratory determines that 
the waste is hazardous but the laboratory is no longer meeting any of 
the conditions stated in paragraph (d)(1) of this section.
    (e) Treatability Study Samples. (1) Except as provided in paragraph 
(e)(2) of this section, persons who generate or collect samples for the 
purpose of conducting treatability studies as defined in section 260.10, 
are not subject to any requirement of parts 261 through 263 of

[[Page 52]]

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

[[Page 53]]

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

[[Page 54]]

the purpose of evaluation in treatability studies does not exceed 10,000 
kg, the total of which can include 10,000 kg of media contaminated with 
non-acute hazardous waste, 2500 kg of media contaminated with acute 
hazardous waste, 1000 kg of non-acute hazardous wastes other than 
contaminated media, and 1 kg of acute hazardous waste. This quantity 
limitation does not include treatment materials (including nonhazardous 
solid waste) added to ``as received'' hazardous waste.
    (5) No more than 90 days have elapsed since the treatability study 
for the sample was completed, or no more than one year (two years for 
treatability studies involving bioremediation) have elapsed since the 
generator or sample collector shipped the sample to the laboratory or 
testing facility, whichever date first occurs. Up to 500 kg of treated 
material from a particular waste stream from treatability studies may be 
archived for future evaluation up to five years from the date of initial 
receipt. Quantities of materials archived are counted against the total 
storage limit for the facility.
    (6) The treatability study does not involve the placement of 
hazardous waste on the land or open burning of hazardous waste.
    (7) The facility maintains records for 3 years following completion 
of each study that show compliance with the treatment rate limits and 
the storage time and quantity limits. The following specific information 
must be included for each treatability study conducted:
    (i) The name, address, and EPA identification number of the 
generator or sample collector of each waste sample;
    (ii) The date the shipment was received;
    (iii) The quantity of waste accepted;
    (iv) The quantity of ``as received'' waste in storage each day;
    (v) The date the treatment study was initiated and the amount of 
``as received'' waste introduced to treatment each day;
    (vi) The date the treatability study was concluded;
    (vii) The date any unused sample or residues generated from the 
treatability study were returned to the generator or sample collector 
or, if sent to a designated facility, the name of the facility and the 
EPA identification number.
    (8) The facility keeps, on-site, a copy of the treatability study 
contract and all shipping papers associated with the transport of 
treatability study samples to and from the facility for a period ending 
3 years from the completion date of each treatability study.
    (9) The facility prepares and submits a report to the Regional 
Administrator, or State Director (if located in an authorized State), by 
March 15 of each year that estimates the number of studies and the 
amount of waste expected to be used in treatability studies during the 
current year, and includes the following information for the previous 
calendar year:
    (i) The name, address, and EPA identification number of the facility 
conducting the treatability studies;
    (ii) The types (by process) of treatability studies conducted;
    (iii) The names and addresses of persons for whom studies have been 
conducted (including their EPA identification numbers);
    (iv) The total quantity of waste in storage each day;
    (v) The quantity and types of waste subjected to treatability 
studies;
    (vi) When each treatability study was conducted;
    (vii) The final disposition of residues and unused sample from each 
treatability study.
    (10) The facility determines whether any unused sample or residues 
generated by the treatability study are hazardous waste under Sec. 
261.3 and, if so, are subject to parts 261 through 268, and part 270 of 
this chapter, unless the residues and unused samples are returned to the 
sample originator under the Sec. 261.4(e) exemption.
    (11) The facility notifies the Regional Administrator, or State 
Director (if located in an authorized State), by letter when the 
facility is no longer planning to conduct any treatability studies at 
the site.
    (g) Dredged material that is not a hazardous waste. Dredged material 
that is subject to the requirements of a permit that has been issued 
under 404 of the Federal Water Pollution Control Act

[[Page 55]]

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

[45 FR 33119, May 19, 1980]

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

    Effective Date Note: At 70 FR 9175, Feb. 24, 2005, Sec. 261.4 was 
amended by revising paragraph (b)(15), effective August 23, 2005. For 
the convenience of the user, the revised text is set forth as follows:

Sec. 261.4  Exclusions.

                                * * * * *

    (b) * * *
    (15) Leachate or gas condensate collected from landfills where 
certain solid wastes have been disposed, provided that:
    (i) The solid wastes disposed would meet one or more of the listing 
descriptions for Hazardous Waste Codes K169, K170, K171, K172, K174, 
K175, K176, K177, K178 and K181 if these wastes had been generated after 
the effective date of the listing;
    (ii) The solid wastes described in paragraph (b)(15)(i) of this 
section were disposed prior to the effective date of the listing;
    (iii) The leachate or gas condensate do not exhibit any 
characteristic of hazardous waste nor are derived from any other listed 
hazardous waste;
    (iv) Discharge of the leachate or gas condensate, including leachate 
or gas condensate transferred from the landfill to a POTW by truck, 
rail, or dedicated pipe, is subject to regulation under sections 307(b) 
or 402 of the Clean Water Act.
    (v) As of February 13, 2001, leachate or gas condensate derived from 
K169-K172 is no longer exempt if it is stored or managed in a surface 
impoundment prior to discharge. As of November 21, 2003, leachate or gas 
condensate derived from K176, K177, and K178 is no longer exempt if it 
is stored or managed in a surface impoundment prior to discharge. After 
February 26, 2007, leachate or gas condensate derived from K181 will no 
longer be exempt if it is stored or managed in a surface impoundment 
prior to discharge. There is one exception: if the surface impoundment 
is used to temporarily store leachate or gas condensate in response to 
an emergency situation (e.g., shutdown of wastewater treatment system), 
provided the impoundment has a double liner, and provided the leachate 
or gas condensate is removed from the impoundment and continues to be 
managed in compliance with the conditions of this paragraph (b)(15)(v) 
after the emergency ends.

                                * * * * *



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

[[Page 56]]

    (3) Is recycled, without prior storage or accumulation, only in an 
on-site process subject to regulation under 40 CFR 261.6(c)(2); or
    (4) Is used oil managed under the requirements of 40 CFR 261.6(a)(4) 
and 40 CFR part 279; or
    (5) Is spent lead-acid batteries managed under the requirements of 
40 CFR part 266, subpart G; or
    (6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part 
273.
    (d) In determining the quantity of hazardous waste generated, a 
generator need not include:
    (1) Hazardous waste when it is removed from on-site storage; or
    (2) Hazardous waste produced by on-site treatment (including 
reclamation) of his hazardous waste, so long as the hazardous waste that 
is treated was counted once; or
    (3) Spent materials that are generated, reclaimed, and subsequently 
reused on-site, so long as such spent materials have been counted once.
    (e) If a generator generates acute hazardous waste in a calendar 
month in quantities greater than set forth below, all quantities of that 
acute hazardous waste are subject to full regulation under parts 262 
through 266, 268, and parts 270 and 124 of this chapter, and the 
notification requirements of section 3010 of RCRA:
    (1) A total of one kilogram of acute hazardous wastes listed in 
Sec. Sec. 261.31, 261.32, or 261.33(e).
    (2) A total of 100 kilograms of any residue or contaminated soil, 
waste, or other debris resulting from the clean-up of a spill, into or 
on any land or water, of any acute hazardous wastes listed in Sec. Sec. 
261.31, 261.32, or 261.33(e).
    [Comment: ``Full regulation'' means those regulations applicable to 
generators of greater than 1,000 kg of non-acutely hazardous waste in a 
calendar month.]
    (f) In order for acute hazardous wastes generated by a generator of 
acute hazardous wastes in quantities equal to or less than those set 
forth in paragraph (e)(1) or (2) of this section to be excluded from 
full regulation under this section, the generator must comply with the 
following requirements:
    (1) Section 262.11 of this chapter;
    (2) The generator may accumulate acute hazardous waste on-site. If 
he accumulates at any time acute hazardous wastes in quantities greater 
than those set forth in paragraph (e)(1) or (e)(2) of this section, all 
of those accumulated wastes are subject to regulation under parts 262 
through 266, 268, and parts 270 and 124 of this chapter, and the 
applicable notification requirements of section 3010 of RCRA. The time 
period of Sec. 262.34(a) of this chapter, for accumulation of wastes 
on-site, begins when the accumulated wastes exceed the applicable 
exclusion limit;
    (3) A conditionally exempt small quantity generator may either treat 
or dispose of his acute hazardous waste in an on-site facility or ensure 
delivery to an off-site treatment, storage, or disposal facility, either 
of which, if located in the U.S., is:
    (i) Permitted under part 270 of this chapter;
    (ii) In interim status under parts 270 and 265 of this chapter;
    (iii) Authorized to manage hazardous waste by a State with a 
hazardous waste management program approved under part 271 of this 
chapter;
    (iv) Permitted, licensed, or registered by a State to manage 
municipal solid waste and, if managed in a municipal solid waste 
landfill is subject to Part 258 of this chapter;
    (v) Permitted, licensed, or registered by a State to manage non-
municipal non-hazardous waste and, if managed in a non-municipal non-
hazardous waste disposal unit after January 1, 1998, is subject to the 
requirements in Sec. Sec. 257.5 through 257.30 of this chapter; or
    (vi) A facility which:
    (A) Beneficially uses or reuses, or legitimately recycles or 
reclaims its waste; or
    (B) Treats its waste prior to beneficial use or reuse, or legitimate 
recycling or reclamation; or
    (vii) For universal waste managed under part 273 of this chapter, a 
universal waste handler or destination facility subject to the 
requirements of part 273 of this chapter.
    (g) In order for hazardous waste generated by a conditionally exempt 
small quantity generator in quantities of less than 100 kilograms of 
hazardous waste during a calendar month to be excluded from full 
regulation under this section, the generator must comply with the 
following requirements:

[[Page 57]]

    (1) Section 262.11 of this chapter;
    (2) The conditionally exempt small quantity generator may accumulate 
hazardous waste on-site. If he accumulates at any time more than a total 
of 1000 kilograms of his hazardous wastes, all of those accumulated 
wastes are subject to regulation under the special provisions of part 
262 applicable to generators of between 100 kg and 1000 kg of hazardous 
waste in a calendar month as well as the requirements of parts 263 
through 266, 268, and parts 270 and 124 of this chapter, and the 
applicable notification requirements of section 3010 of RCRA. The time 
period of Sec. 262.34(d) for accumulation of wastes on-site begins for 
a conditionally exempt small quantity generator when the accumulated 
wastes exceed 1000 kilograms;
    (3) A conditionally exempt small quantity generator may either treat 
or dispose of his hazardous waste in an on-site facility or ensure 
delivery to an off-site treatment, storage or disposal facility, either 
of which, if located in the U.S., is:
    (i) Permitted under part 270 of this chapter;
    (ii) In interim status under parts 270 and 265 of this chapter;
    (iii) Authorized to manage hazardous waste by a State with a 
hazardous waste management program approved under part 271 of this 
chapter;
    (iv) Permitted, licensed, or registered by a State to manage 
municipal solid waste and, if managed in a municipal solid waste 
landfill is subject to Part 258 of this chapter;
    (v) Permitted, licensed, or registered by a State to manage non-
municipal non-hazardous waste and, if managed in a non-municipal non-
hazardous waste disposal unit after January 1, 1998, is subject to the 
requirements in Sec. Sec. 257.5 through 257.30 of this chapter; or
    (vi) A facility which:
    (A) Beneficially uses or reuses, or legitimately recycles or 
reclaims its waste; or
    (B) Treats its waste prior to beneficial use or reuse, or legitimate 
recycling or reclamation; or
    (vii) For universal waste managed under part 273 of this chapter, a 
universal waste handler or destination facility subject to the 
requirements of part 273 of this chapter.
    (h) Hazardous waste subject to the reduced requirements of this 
section may be mixed with non-hazardous waste and remain subject to 
these reduced requirements even though the resultant mixture exceeds the 
quantity limitations identified in this section, unless the mixture 
meets any of the characteristics of hazardous waste identified in 
subpart C.
    (i) If any person mixes a solid waste with a hazardous waste that 
exceeds a quantity exclusion level of this section, the mixture is 
subject to full regulation.
    (j) If a conditionally exempt small quantity generator's wastes are 
mixed with used oil, the mixture is subject to part 279 of this chapter. 
Any material produced from such a mixture by processing, blending, or 
other treatment is also so regulated.

[51 FR 10174, Mar. 24, 1986, as amended at 51 FR 28682, Aug. 8, 1986; 51 
FR 40637, Nov. 7, 1986; 53 FR 27163, July 19, 1988; 58 FR 26424, May 3, 
1993; 60 FR 25541, May 11, 1995; 61 FR 34278, July 1, 1996; 63 FR 24968, 
May 6, 1998; 63 FR 37782, July 14, 1998; 68 FR 44665, July 30, 2003]



Sec. 261.6  Requirements for recyclable materials.

    (a)(1) Hazardous wastes that are recycled are subject to the 
requirements for generators, transporters, and storage facilities of 
paragraphs (b) and (c) of this section, except for the materials listed 
in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that 
are recycled will be known as ``recyclable materials.''
    (2) The following recyclable materials are not subject to the 
requirements of this section but are regulated under subparts C through 
O of part 266 of this chapter and all applicable provisions in parts 270 
and 124 of this chapter:
    (i) Recyclable materials used in a manner constituting disposal 
(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);

[[Page 58]]

    (iv) Spent lead-acid batteries that are being reclaimed (subpart G).
    (v) U.S. Filter Recovery Services XL waste (subpart O).
    (3) The following recyclable materials are not subject to regulation 
under parts 262 through parts 266 or parts 268, 270 or 124 of this 
chapter, and are not subject to the notification requirements of section 
3010 of RCRA:
    (i) Industrial ethyl alcohol that is reclaimed except that, unless 
provided otherwise in an international agreement as specified in Sec. 
262.58:
    (A) A person initiating a shipment for reclamation in a foreign 
country, and any intermediary arranging for the shipment, must comply 
with the requirements applicable to a primary exporter in Sec. Sec. 
262.53, 262.56 (a)(1)-(4), (6), and (b), and 262.57, export such 
materials only upon consent of the receiving country and in conformance 
with the EPA Acknowledgment of Consent as defined in subpart E of part 
262, and provide a copy of the EPA Acknowledgment of Consent to the 
shipment to the transporter transporting the shipment for export;
    (B) Transporters transporting a shipment for export may not accept a 
shipment if he knows the shipment does not conform to the EPA 
Acknowledgment of Consent, must ensure that a copy of the EPA 
Acknowledgment of Consent accompanies the shipment and must ensure that 
it is delivered to the facility designated by the person initiating the 
shipment.
    (ii) Scrap metal that is not excluded under Sec. 261.4(a)(13);
    (iii) Fuels produced from the refining of oil-bearing hazardous 
waste along with normal process streams at a petroleum refining facility 
if such wastes result from normal petroleum refining, production, and 
transportation practices (this exemption does not apply to fuels 
produced from oil recovered from oil-bearing hazardous waste, where such 
recovered oil is already excluded under Sec. 261.4(a)(12);
    (iv)(A) Hazardous waste fuel produced from oil-bearing hazardous 
wastes from petroleum refining, production, or transportation practices, 
or produced from oil reclaimed from such hazardous wastes, where such 
hazardous wastes are reintroduced into a process that does not use 
distillation or does not produce products from crude oil so long as the 
resulting fuel meets the used oil specification under Sec. 279.11 of 
this chapter and so long as no other hazardous wastes are used to 
produce the hazardous waste fuel;
    (B) Hazardous waste fuel produced from oil-bearing hazardous waste 
from petroleum refining production, and transportation practices, where 
such hazardous wastes are reintroduced into a refining process after a 
point at which contaminants are removed, so long as the fuel meets the 
used oil fuel specification under Sec. 279.11 of this chapter; and
    (C) Oil reclaimed from oil-bearing hazardous wastes from petroleum 
refining, production, and transportation practices, which reclaimed oil 
is burned as a fuel without reintroduction to a refining process, so 
long as the reclaimed oil meets the used oil fuel specification under 
Sec. 279.11 of this chapter.
    (4) Used oil that is recycled and is also a hazardous waste solely 
because it exhibits a hazardous characteristic is not subject to the 
requirements of parts 260 through 268 of this chapter, but is regulated 
under part 279 of this chapter. Used oil that is recycled includes any 
used oil which is reused, following its original use, for any purpose 
(including the purpose for which the oil was originally used). Such term 
includes, but is not limited to, oil which is re-refined, reclaimed, 
burned for energy recovery, or reprocessed.
    (5) Hazardous waste that is exported to or imported from designated 
member countries of the Organization for Economic Cooperation and 
Development (OECD) (as defined in Sec. 262.58(a)(1)) for purpose of 
recovery is subject to the requirements of 40 CFR part 262, subpart H, 
if it is subject to either the Federal manifesting requirements of 40 
CFR Part 262, to the universal waste management standards of 40 CFR Part 
273, or to State requirements analogous to 40 CFR Part 273.
    (b) Generators and transporters of recyclable materials are subject 
to the applicable requirements of parts 262 and 263 of this chapter and 
the notification requirements under section 3010 of

[[Page 59]]

RCRA, except as provided in paragraph (a) of this section.
    (c)(1) Owners and operators of facilities that store recyclable 
materials before they are recycled are regulated under all applicable 
provisions of subparts A though L, AA, BB, and CC of parts 264 and 265, 
and under parts 124, 266, 268, and 270 of this chapter and the 
notification requirements under section 3010 of RCRA, except as provided 
in paragraph (a) of this section. (The recycling process itself is 
exempt from regulation except as provided in Sec. 261.6(d).)
    (2) Owners or operators of facilities that recycle recyclable 
materials without storing them before they are rcycled are subject to 
the following requirements, except as provided in paragraph (a) of this 
section:
    (i) Notification requirements under section 3010 of RCRA;
    (ii) Sections 265.71 and 265.72 (dealing with the use of the 
manifest and manifest discrepancies) of this chapter.
    (iii) Section 261.6(d) of this chapter.
    (d) Owners or operators of facilities subject to RCRA permitting 
requirements with hazardous waste management units that recycle 
hazardous wastes are subject to the requirements of subparts AA and BB 
of part 264 or 265 of this chapter.

[50 FR 49203, Nov. 29, 1985, as amended at 51 FR 28682, Aug. 8, 1986; 51 
FR 40637, Nov. 7, 1986; 52 FR 11821, Apr. 13, 1987; 55 FR 25493, June 
21, 1990; 56 FR 7207, Feb. 21, 1991; 56 FR 32692, July 17, 1991; 57 FR 
41612, Sept. 10, 1992; 59 FR 38545, July 28, 1994; 60 FR 25541, May 11, 
1995; 61 FR 16309, Apr. 12, 1996; 61 FR 59950, Nov. 25, 1996; 62 FR 
26019, May 12, 1997; 63 FR 24968, May 6, 1998; 63 FR 42185, Aug. 6, 
1998; 66 FR 28085, May 22, 2001]



Sec. 261.7  Residues of hazardous waste in empty containers.

    (a)(1) Any hazardous waste remaining in either (i) an empty 
container or (ii) an inner liner removed from an empty container, as 
defined in paragraph (b) of this section, is not subject to regulation 
under parts 261 through 265, or part 268, 270 or 124 of this chapter or 
to the notification requirements of section 3010 of RCRA.
    (2) Any hazardous waste in either (i) a container that is not empty 
or (ii) an inner liner removed from a container that is not empty, as 
defined in paragraph (b) of this section, is subject to regulation under 
parts 261 through 265, and parts 268, 270 and 124 of this chapter and to 
the notification requirements of section 3010 of RCRA.
    (b)(1) A container or an inner liner removed from a container that 
has held any hazardous waste, except a waste that is a compressed gas or 
that is identified as an acute hazardous waste listed in Sec. Sec. 
261.31, 261.32, or 261.33(e) of this chapter is empty if:
    (i) All wastes have been removed that can be removed using the 
practices commonly employed to remove materials from that type of 
container, e.g., pouring, pumping, and aspirating, and
    (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 Sec. Sec. 261.31, 261.32, or 
261.33(e) is empty if:
    (i) The container or inner liner has been triple rinsed using a 
solvent capable of removing the commercial chemical product or 
manufacturing chemical intermediate;
    (ii) The container or inner liner has been cleaned by another method 
that has been shown in the scientific literature, or by tests conducted 
by the generator, to achieve equivalent removal; or
    (iii) In the case of a container, the inner liner that prevented 
contact of the commercial chemical product or manufacturing chemical 
intermediate with the container, has been removed.

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

[[Page 60]]


    Effective Date Note: At 70 FR 10815, Mar. 4, 2005, Sec. 261.7 was 
amended by revising paragraph (b)(1)(iii), effective Sept. 6, 2005. For 
the convenience of the user, the revised text is set forth as follows:

Sec. 261.7  Residues of hazardous waste in empty containers.

                                * * * * *

    (b)(1) * * *
    (iii)(A) No more than 3 percent by weight of the total capacity of 
the container remains in the container or inner liner if the container 
is less than or equal to 119 gallons in size; or
    (B) No more than 0.3 percent by weight of the total capacity of the 
container remains in the container or inner liner if the container is 
greater than 119 gallons in size.



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

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

[55 FR 11862, Mar. 29, 1990]



Sec. 261.9  Requirements for Universal Waste.

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

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



  Subpart B_Criteria for Identifying the Characteristics of Hazardous 
                  Waste and for Listing Hazardous Waste



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

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



Sec. 261.11  Criteria for listing hazardous waste.

    (a) The Administrator shall list a solid waste as a hazardous waste 
only upon determining that the solid waste meets one of the following 
criteria:
    (1) It exhibits any of the characteristics of hazardous waste 
identified in subpart C.
    (2) It has been found to be fatal to humans in low doses or, in the 
absence of data on human toxicity, it has been shown in studies to have 
an oral LD 50 toxicity (rat) of less than 50 milligrams per kilogram, an 
inhalation LC 50 toxicity (rat) of less than 2 milligrams per liter, or 
a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per 
kilogram or is otherwise capable of causing or significantly 
contributing to an increase in serious irreversible, or incapacitating 
reversible, illness. (Waste listed in accordance with these criteria 
will be designated Acute Hazardous Waste.)

[[Page 61]]

    (3) It contains any of the toxic constituents listed in appendix 
VIII and, after considering the following factors, the Administrator 
concludes that the waste is capable of posing a substantial present or 
potential hazard to human health or the environment when improperly 
treated, stored, transported or disposed of, or otherwise managed:
    (i) The nature of the toxicity presented by the constituent.
    (ii) The concentration of the constituent in the waste.
    (iii) The potential of the constituent or any toxic degradation 
product of the constituent to migrate from the waste into the 
environment under the types of improper management considered in 
paragraph (a)(3)(vii) of this section.
    (iv) The persistence of the constituent or any toxic degradation 
product of the constituent.
    (v) The potential for the constituent or any toxic degradation 
product of the constituent to degrade into non-harmful constituents and 
the rate of degradation.
    (vi) The degree to which the constituent or any degradation product 
of the constituent bioaccumulates in ecosystems.
    (vii) The plausible types of improper management to which the waste 
could be subjected.
    (viii) The quantities of the waste generated at individual 
generation sites or on a regional or national basis.
    (ix) The nature and severity of the human health and environmental 
damage that has occurred as a result of the improper management of 
wastes containing the constituent.
    (x) Action taken by other governmental agencies or regulatory 
programs based on the health or environmental hazard posed by the waste 
or waste constituent.
    (xi) Such other factors as may be appropriate.

Substances will be listed on appendix VIII only if they have been shown 
in scientific studies to have toxic, carcinogenic, mutagenic or 
teratogenic effects on humans or other life forms.
    (Wastes listed in accordance with these criteria will be designated 
Toxic wastes.)
    (b) The Administrator may list classes or types of solid waste as 
hazardous waste if he has reason to believe that individual wastes, 
within the class or type of waste, typically or frequently are hazardous 
under the definition of hazardous waste found in section 1004(5) of the 
Act.
    (c) The Administrator will use the criteria for listing specified in 
this section to establish the exclusion limits referred to in Sec. 
261.5(c).

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



              Subpart C_Characteristics of Hazardous Waste



Sec. 261.20  General.

    (a) A solid waste, as defined in Sec. 261.2, which is not excluded 
from regulation as a hazardous waste under Sec. 261.4(b), is a 
hazardous waste if it exhibits any of the characteristics identified in 
this subpart.

[Comment: Sec. 262.11 of this chapter sets forth the generator's 
responsibility to determine whether his waste exhibits one or more of 
the characteristics identified in this subpart]

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

[Comment: Since the appendix I sampling methods are not being formally 
adopted by the Administrator, a person who desires to employ an 
alternative sampling method is not required to demonstrate the 
equivalency of his method under the procedures set forth in Sec. Sec. 
260.20 and 260.21.]

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

[[Page 62]]



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 Sec. Sec. 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 Sec. Sec. 
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]

    Effective Date Note: At 70 FR 34561, June 14, 2005, Sec. 261.21 was 
amended by revising paragraph (a)(1), effective July 14, 2005. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 261.21  Characteristic of ignitability.

    (a) * * *
    (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).

                                * * * * *



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]

    Effective Date Note: At 70 FR 34561, June 14, 2005, Sec. 261.22 was 
amended by revising paragraphs (a)(1) and (2), effective July 14, 2005. 
For the convenience of the user, the revised text is set forth as 
follows:

Sec. 261.22  Characteristic of corrosivity.

    (a) * * *
    (1) It is aqueous and has a pH less than or equal to 2 or greater 
than or equal to 12.5, as determined by a pH meter using Method 9040C in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication SW-846, as incorporated by reference in Sec. 260.11 of 
this chapter.
    (2) It is a liquid and corrodes steel (SAE 1020) at a rate greater 
than 6.35 mm (0.250 inch) per year at a test temperature of 55 [deg]C 
(130 [deg]F) as determined by Method 1110A in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, and as incorporated by reference in Sec. 260.11 of this chapter.

                                * * * * *

[[Page 63]]



Sec. 261.23  Characteristic of reactivity.

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

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



Sec. 261.24  Toxicity characteristic.

    (a) A solid waste (except manufactured gas plant waste) exhibits the 
characteristic of toxicity if, using the 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                 Tetrachloroethyl ene......     127-18-4        0.7
D015                 Toxaphene.................    8001-35-2        0.5
D040                 Trichloroethyl ene........      79-01-6        0.5
D041                 2,4,5-Trichlorophenol.....      95-95-4      400.0
D042                 2,4,6-Trichlorophenol.....      88-06-2        2.0
D017                 2,4,5-TP (Silvex).........      93-72-1        1.0
D043                 Vinyl chloride............      75-01-4        0.2
------------------------------------------------------------------------
\1\ Hazardous waste number.
\2\ Chemical abstracts service number.
\3\ Quantitation limit is greater than the calculated regulatory level.
  The quantitation limit therefore becomes the regulatory level.
\4\ If o-, m-, and p-Cresol concentrations cannot be differentiated, the
  total cresol (D026) concentration is used. The regulatory level of
  total cresol is 200 mg/l.


[55 FR 11862, Mar. 29, 1990, as amended at 55 FR 22684, June 1, 1990; 55 
FR 26987, June 29, 1990; 58 FR 46049, Aug. 31, 1993; 67 FR 11254, Mar. 
13, 2002]

[[Page 64]]



                   Subpart D_Lists of Hazardous Wastes



Sec. 261.30  General.

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

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


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

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



Sec. 261.31  Hazardous wastes from non-specific sources.

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

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

[[Page 65]]

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

[[Page 66]]

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

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

[[Page 67]]

    (3) (i) For the purposes of the F037 listing, sludges are considered 
to be generated at the moment of deposition in the unit, where 
deposition is defined as at least a temporary cessation of lateral 
particle movement.
    (ii) For the purposes of the F038 listing, (A) sludges are 
considered to be generated at the moment of deposition in the unit, 
where deposition is defined as at least a temporary cessation of lateral 
particle movement and (B) floats are considered to be generated at the 
moment they are formed in the top of the unit.

[46 FR 4617, Jan. 16, 1981]

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



Sec. 261.32  Hazardous wastes from specific sources.

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

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

[[Page 68]]

 
  K108.........................  Condensed column           (I,T)
                                  overheads from product
                                  separation and condensed
                                  reactor vent gases from
                                  the production of 1,1-
                                  dimethylhydrazine (UDMH)
                                  from carboxylic acid
                                  hydrazides.
  K109.........................  Spent filter cartridges    (T)
                                  from product
                                  purification from the
                                  production of 1,1-
                                  dimethylhydrazine (UDMH)
                                  from carboxylic acid
                                  hydrazides.
  K110.........................  Condensed column           (T)
                                  overheads from
                                  intermediate separation
                                  from the production of
                                  1,1-dimethylhydrazine
                                  (UDMH) from carboxylic
                                  acid hydrazides.
  K111.........................  Product washwaters from    (C,T)
                                  the production of
                                  dinitrotoluene via
                                  nitration of toluene.
  K112.........................  Reaction by-product water  (T)
                                  from the drying column
                                  in the production of
                                  toluenediamine via
                                  hydrogenation of
                                  dinitrotoluene.
  K113.........................  Condensed liquid light     (T)
                                  ends from the
                                  purification of
                                  toluenediamine in the
                                  production of
                                  toluenediamine via
                                  hydrogenation of
                                  dinitrotoluene.
  K114.........................  Vicinals from the          (T)
                                  purification of
                                  toluenediamine in the
                                  production of
                                  toluenediamine via
                                  hydrogenation of
                                  dinitrotoluene.
  K115.........................  Heavy ends from the        (T)
                                  purification of
                                  toluenediamine in the
                                  production of
                                  toluenediamine via
                                  hydrogenation of
                                  dinitrotoluene.
  K116.........................  Organic condensate from    (T)
                                  the solvent recovery
                                  column in the production
                                  of toluene diisocyanate
                                  via phosgenation of
                                  toluenediamine.
  K117.........................  Wastewater from the        (T)
                                  reactor vent gas
                                  scrubber in the
                                  production of ethylene
                                  dibromide via
                                  bromination of ethene.
  K118.........................  Spent adsorbent solids     (T)
                                  from purification of
                                  ethylene dibromide in
                                  the production of
                                  ethylene dibromide via
                                  bromination of ethene.
  K136.........................  Still bottoms from the     (T)
                                  purification of ethylene
                                  dibromide in the
                                  production of ethylene
                                  dibromide via
                                  bromination of ethene.
  K149.........................  Distillation bottoms from  (T)
                                  the production of alpha-
                                  (or methyl-) chlorinated
                                  toluenes, ring-
                                  chlorinated toluenes,
                                  benzoyl chlorides, and
                                  compounds with mixtures
                                  of these functional
                                  groups, (This waste does
                                  not include still
                                  bottoms from the
                                  distillation of benzyl
                                  chloride.).
  K150.........................  Organic residuals,         (T)
                                  excluding spent carbon
                                  adsorbent, from the
                                  spent chlorine gas and
                                  hydrochloric acid
                                  recovery processes
                                  associated with the
                                  production of alpha- (or
                                  methyl-) chlorinated
                                  toluenes, ring-
                                  chlorinated toluenes,
                                  benzoyl chlorides, and
                                  compounds with mixtures
                                  of these functional
                                  groups.
  K151.........................  Wastewater treatment       (T)
                                  sludges, excluding
                                  neutralization and
                                  biological sludges,
                                  generated during the
                                  treatment of wastewaters
                                  from the production of
                                  alpha- (or methyl-)
                                  chlorinated toluenes,
                                  ring-chlorinated
                                  toluenes, benzoyl
                                  chlorides, and compounds
                                  with mixtures of these
                                  functional groups.
  K156.........................  Organic waste (including   (T)
                                  heavy ends, still
                                  bottoms, light ends,
                                  spent solvents,
                                  filtrates, and
                                  decantates) from the
                                  production of carbamates
                                  and carbamoyl oximes.
                                  (This listing does not
                                  apply to wastes
                                  generated from the
                                  manufacture of 3-iodo-2-
                                  propynyl n-
                                  butylcarbamate.).
  K157.........................  Wastewaters (including     (T)
                                  scrubber waters,
                                  condenser waters,
                                  washwaters, and
                                  separation waters) from
                                  the production of
                                  carbamates and carbamoyl
                                  oximes. (This listing
                                  does not apply to wastes
                                  generated from the
                                  manufacture of 3-iodo-2-
                                  propynyl n-
                                  butylcarbamate.).
  K158.........................  Bag house dusts and        (T)
                                  filter/separation solids
                                  from the production of
                                  carbamates and carbamoyl
                                  oximes. (This listing
                                  does not apply to wastes
                                  generated from the
                                  manufacture of 3-iodo-2-
                                  propynyl n-
                                  butylcarbamate.).
  K159.........................  Organics from the          (T)
                                  treatment of
                                  thiocarbamate wastes.
  K161.........................  Purification solids        (R,T)
                                  (including filtration,
                                  evaporation, and
                                  centrifugation solids),
                                  bag house dust and floor
                                  sweepings from the
                                  production of
                                  dithiocarbamate acids
                                  and their salts. (This
                                  listing does not include
                                  K125 or K126.).
  K174.........................  Wastewater treatment       (T)
                                  sludges from the
                                  production of ethylene
                                  dichloride or vinyl
                                  chloride monomer
                                  (including sludges that
                                  result from commingled
                                  ethylene dichloride or
                                  vinyl chloride monomer
                                  wastewater and other
                                  wastewater), unless the
                                  sludges meet the
                                  following conditions:
                                  (i) they are disposed of
                                  in a subtitle C or non-
                                  hazardous landfill
                                  licensed or permitted by
                                  the state or federal
                                  government; (ii) they
                                  are not otherwise placed
                                  on the land prior to
                                  final disposal; and
                                  (iii) the generator
                                  maintains documentation
                                  demonstrating that the
                                  waste was either
                                  disposed of in an on-
                                  site landfill or
                                  consigned to a
                                  transporter or disposal
                                  facility that provided a
                                  written commitment to
                                  dispose of the waste in
                                  an off-site landfill.
                                  Respondents in any
                                  action brought to
                                  enforce the requirements
                                  of subtitle C must, upon
                                  a showing by the
                                  government that the
                                  respondent managed
                                  wastewater treatment
                                  sludges from the
                                  production of vinyl
                                  chloride monomer or
                                  ethylene dichloride,
                                  demonstrate that they
                                  meet the terms of the
                                  exclusion set forth
                                  above. In doing so, they
                                  must provide appropriate
                                  documentation (e.g.,
                                  contracts between the
                                  generator and the
                                  landfill owner/operator,
                                  invoices documenting
                                  delivery of waste to
                                  landfill, etc.) that the
                                  terms of the exclusion
                                  were met.
  K175.........................  Wastewater treatment       (T)
                                  sludges from the
                                  production of vinyl
                                  chloride monomer using
                                  mercuric chloride
                                  catalyst in an acetylene-
                                  based process.
Inorganic chemicals:
  K071.........................  Brine purification muds    (T)
                                  from the mercury cell
                                  process in chlorine
                                  production, where
                                  separately prepurified
                                  brine is not used.

[[Page 69]]

 
  K073.........................  Chlorinated hydrocarbon    (T)
                                  waste from the
                                  purification step of the
                                  diaphragm cell process
                                  using graphite anodes in
                                  chlorine production.
  K106.........................  Wastewater treatment       (T)
                                  sludge from the mercury
                                  cell process in chlorine
                                  production.
  K176.........................  Baghouse filters from the  (E)
                                  production of antimony
                                  oxide, including filters
                                  from the production of
                                  intermediates (e.g.,
                                  antimony metal or crude
                                  antimony oxide).
  K177.........................  Slag from the production   (T)
                                  of antimony oxide that
                                  is speculatively
                                  accumulated or disposed,
                                  including slag from the
                                  production of
                                  intermediates (e.g.,
                                  antimony metal or crude
                                  antimony oxide).
  K178.........................  Residues from              (T)
                                  manufacturing and
                                  manufacturing-site
                                  storage of ferric
                                  chloride from acids
                                  formed during the
                                  production of titanium
                                  dioxide using the
                                  chloride-ilmenite
                                  process.
Pesticides:
  K031.........................  By-product salts           (T)
                                  generated in the
                                  production of MSMA and
                                  cacodylic acid.
  K032.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of chlordane.
  K033.........................  Wastewater and scrub       (T)
                                  water from the
                                  chlorination of
                                  cyclopentadiene in the
                                  production of chlordane.
  K034.........................  Filter solids from the     (T)
                                  filtration of
                                  hexachlorocyclopentadien
                                  e in the production of
                                  chlordane.
  K035.........................  Wastewater treatment       (T)
                                  sludges generated in the
                                  production of creosote.
  K036.........................  Still bottoms from         (T)
                                  toluene reclamation
                                  distillation in the
                                  production of disulfoton.
  K037.........................  Wastewater treatment       (T)
                                  sludges from the
                                  production of disulfoton.
  K038.........................  Wastewater from the        (T)
                                  washing and stripping of
                                  phorate production.
  K039.........................  Filter cake from the       (T)
                                  filtration of
                                  diethylphosphorodithioic
                                  acid in the production
                                  of phorate.
  K040.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of phorate.
  K041.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of toxaphene.
  K042.........................  Heavy ends or              (T)
                                  distillation residues
                                  from the distillation of
                                  tetrachlorobenzene in
                                  the production of 2,4,5-
                                  T.
  K043.........................  2,6-Dichlorophenol waste   (T)
                                  from the production of
                                  2,4-D.
  K097.........................  Vacuum stripper discharge  (T)
                                  from the chlordane
                                  chlorinator in the
                                  production of chlordane.
  K098.........................  Untreated process          (T)
                                  wastewater from the
                                  production of toxaphene.
  K099.........................  Untreated wastewater from  (T)
                                  the production of 2,4-D.
  K123.........................  Process wastewater         (T)
                                  (including supernates,
                                  filtrates, and
                                  washwaters) from the
                                  production of
                                  ethylenebisdithiocarbami
                                  c acid and its salt.
  K124.........................  Reactor vent scrubber      (C, T)
                                  water from the
                                  production of
                                  ethylenebisdithiocarbami
                                  c acid and its salts.
  K125.........................  Filtration, evaporation,   (T)
                                  and centrifugation
                                  solids from the
                                  production of
                                  ethylenebisdithiocarbami
                                  c acid and its salts.
  K126.........................  Baghouse dust and floor    (T)
                                  sweepings in milling and
                                  packaging operations
                                  from the production or
                                  formulation of
                                  ethylenebisdithiocarbami
                                  c acid and its salts.
  K131.........................  Wastewater from the        (C, T)
                                  reactor and spent
                                  sulfuric acid from the
                                  acid dryer from the
                                  production of methyl
                                  bromide.
  K132.........................  Spent absorbent and        (T)
                                  wastewater separator
                                  solids from the
                                  production of methyl
                                  bromide.
Explosives:
  K044.........................  Wastewater treatment       (R)
                                  sludges from the
                                  manufacturing and
                                  processing of explosives.
  K045.........................  Spent carbon from the      (R)
                                  treatment of wastewater
                                  containing explosives.
  K046.........................  Wastewater treatment       (T)
                                  sludges from the
                                  manufacturing,
                                  formulation and loading
                                  of lead-based initiating
                                  compounds.
  K047.........................  Pink/red water from TNT    (R)
                                  operations.
Petroleum refining:
  K048.........................  Dissolved air flotation    (T)
                                  (DAF) float from the
                                  petroleum refining
                                  industry.
  K049.........................  Slop oil emulsion solids   (T)
                                  from the petroleum
                                  refining industry.
  K050.........................  Heat exchanger bundle      (T)
                                  cleaning sludge from the
                                  petroleum refining
                                  industry.
  K051.........................  API separator sludge from  (T)
                                  the petroleum refining
                                  industry.
  K052.........................  Tank bottoms (leaded)      (T)
                                  from the petroleum
                                  refining industry.
  K169.........................  Crude oil storage tank     (T)
                                  sediment from petroleum
                                  refining operations.
  K170.........................  Clarified slurry oil tank  (T)
                                  sediment and/or in-line
                                  filter/separation solids
                                  from petroleum refining
                                  operations.
  K171.........................  Spent Hydrotreating        (I,T)
                                  catalyst from petroleum
                                  refining operations,
                                  including guard beds
                                  used to desulfurize
                                  feeds to other catalytic
                                  reactors (this listing
                                  does not include inert
                                  support media).
  K172.........................  Spent Hydrorefining        (I,T)
                                  catalyst from petroleum
                                  refining operations,
                                  including guard beds
                                  used to desulfurize
                                  feeds to other catalytic
                                  reactors (this listing
                                  does not include inert
                                  support media).
Iron and steel:
  K061.........................  Emission control dust/     (T)
                                  sludge from the primary
                                  production of steel in
                                  electric furnaces.
  K062.........................  Spent pickle liquor        (C,T)
                                  generated by steel
                                  finishing operations of
                                  facilities within the
                                  iron and steel industry
                                  (SIC Codes 331 and 332).

[[Page 70]]

 
Primary copper:
Primary lead:
Primary zinc:
Primary aluminum:
  K088.........................  Spent potliners from       (T)
                                  primary aluminum
                                  reduction.
Ferroalloys:
Secondary lead:
  K069.........................  Emission control dust/     (T)
                                  sludge from secondary
                                  lead smelting. (Note:
                                  This listing is stayed
                                  administratively for
                                  sludge generated from
                                  secondary acid scrubber
                                  systems. The stay will
                                  remain in effect until
                                  further administrative
                                  action is taken. If EPA
                                  takes further action
                                  effecting this stay, EPA
                                  will publish a notice of
                                  the action in the
                                  Federal Register.
  K100.........................  Waste leaching solution    (T)
                                  from acid leaching of
                                  emission control dust/
                                  sludge from secondary
                                  lead smelting.
Veterinary pharmaceuticals:
  K084.........................  Wastewater treatment       (T)
                                  sludges generated during
                                  the production of
                                  veterinary
                                  pharmaceuticals from
                                  arsenic or organo-
                                  arsenic compounds.
  K101.........................  Distillation tar residues  (T)
                                  from the distillation of
                                  aniline-based compounds
                                  in the production of
                                  veterinary
                                  pharmaceuticals from
                                  arsenic or organo-
                                  arsenic compounds.
  K102.........................  Residue from the use of    (T)
                                  activated carbon for
                                  decolorization in the
                                  production of veterinary
                                  pharmaceuticals from
                                  arsenic or organo-
                                  arsenic compounds.
Ink formulation:
  K086.........................  Solvent washes and         (T)
                                  sludges, caustic washes
                                  and sludges, or water
                                  washes and sludges from
                                  cleaning tubs and
                                  equipment used in the
                                  formulation of ink from
                                  pigments, driers, soaps,
                                  and stabilizers
                                  containing chromium and
                                  lead.
Coking:
  K060.........................  Ammonia still lime sludge  (T)
                                  from coking operations.
  K087.........................  Decanter tank tar sludge   (T)
                                  from coking operations.
  K141.........................  Process residues from the  (T)
                                  recovery of coal tar,
                                  including, but not
                                  limited to, collecting
                                  sump residues from the
                                  production of coke from
                                  coal or the recovery of
                                  coke by-products
                                  produced from coal. This
                                  listing does not include
                                  K087 (decanter tank tar
                                  sludges from coking
                                  operations).
  K142.........................  Tar storage tank residues  (T)
                                  from the production of
                                  coke from coal or from
                                  the recovery of coke by-
                                  products produced from
                                  coal.
  K143.........................  Process residues from the  (T)
                                  recovery of light oil,
                                  including, but not
                                  limited to, those
                                  generated in stills,
                                  decanters, and wash oil
                                  recovery units from the
                                  recovery of coke by-
                                  products produced from
                                  coal.
  K144.........................  Wastewater sump residues   (T)
                                  from light oil refining,
                                  including, but not
                                  limited to, intercepting
                                  or contamination sump
                                  sludges from the
                                  recovery of coke by-
                                  products produced from
                                  coal.
  K145.........................  Residues from naphthalene  (T)
                                  collection and recovery
                                  operations from the
                                  recovery of coke by-
                                  products produced from
                                  coal.
  K147.........................  Tar storage tank residues  (T)
                                  from coal tar refining.
  K148.........................  Residues from coal tar     (T)
                                  distillation, including
                                  but not limited to,
                                  still bottoms.
------------------------------------------------------------------------


[46 FR 4618, Jan. 16, 1981]

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

    Effective Date Notes: 1. At 70 FR 9175, Feb. 24, 2005, Sec. 261.32 
was amended by:
    a. Designating the existing text and table as paragraph (a),
    b. In the table by adding a new entry in alphanumeric order (by 
first column) under the heading ``Organic Chemicals'',
    c. Adding paragraphs (b), (c) and (d), effective Aug. 23, 2005. For 
the convenience of the user, the added text is set forth as follows:

Sec. 261.32  Hazardous wastes from specific sources.

    (a) * * *

------------------------------------------------------------------------
   Industry and EPA  hazardous
            waste No.               Hazardous waste       Hazard  code
------------------------------------------------------------------------
 
                             * * * * * * *
                            Organic Chemicals
------------------------------------------------------------------------
 

[[Page 71]]

 
                              * * * * * * *
K181............................  Nonwastewaters from  (T)
                                   the production of
                                   dyes and/or
                                   pigments
                                   (including
                                   nonwastewaters
                                   commingled at the
                                   point of
                                   generation with
                                   nonwastewaters
                                   from other
                                   processes) that,
                                   at the point of
                                   generation,
                                   contain mass
                                   loadings of any of
                                   the constituents
                                   identified in
                                   paragraph (c) of
                                   this section that
                                   are equal to or
                                   greater than the
                                   corresponding
                                   paragraph (c)
                                   levels, as
                                   determined on a
                                   calendar year
                                   basis. These
                                   wastes will not be
                                   hazardous if the
                                   nonwastewaters
                                   are: (i) disposed
                                   in a Subtitle D
                                   landfill unit
                                   subject to the
                                   design criteria in
                                   Sec. 258.40,
                                   (ii) disposed in a
                                   Subtitle C
                                   landfill unit
                                   subject to either
                                   Sec. 264.301 or
                                   Sec. 265.301,
                                   (iii) disposed in
                                   other Subtitle D
                                   landfill units
                                   that meet the
                                   design criteria in
                                   Sec. 258.40,
                                   Sec. 264.301, or
                                   Sec. 265.301, or
                                   (iv) treated in a
                                   combustion unit
                                   that is permitted
                                   under Subtitle C,
                                   or an onsite
                                   combustion unit
                                   that is permitted
                                   under the Clean
                                   Air Act. For the
                                   purposes of this
                                   listing, dyes and/
                                   or pigments
                                   production is
                                   defined in
                                   paragraph (b)(1)
                                   of this section.
                                   Paragraph (d) of
                                   this section
                                   describes the
                                   process for
                                   demonstrating that
                                   a facility's
                                   nonwastewaters are
                                   not K181. This
                                   listing does not
                                   apply to wastes
                                   that are otherwise
                                   identified as
                                   hazardous under
                                   Sec. Sec.
                                   261.21-261.24 and
                                   261.31-261.33 at
                                   the point of
                                   generation. Also,
                                   the listing does
                                   not apply to
                                   wastes generated
                                   before any annual
                                   mass loading limit
                                   is met.
 
                              * * * * * * *
------------------------------------------------------------------------

                                * * * * *

    (b) Listing Specific Definitions: (1) For the purposes of the K181 
listing, dyes and/or pigments production is defined to include 
manufacture of the following product classes: dyes, pigments, or FDA 
certified colors that are classified as azo, triarylmethane, perylene or 
anthraquinone classes. Azo products include azo, monoazo, diazo, triazo, 
polyazo, azoic, benzidine, and pyrazolone products. Triarylmethane 
products include both triarylmethane and triphenylmethane products. 
Wastes that are not generated at a dyes and/or pigments manufacturing 
site, such as wastes from the offsite use, formulation, and packaging of 
dyes and/or pigments, are not included in the K181 listing.
    (c) K181 Listing Levels. Nonwastewaters containing constituents in 
amounts equal to or exceeding the following levels during any calendar 
year are subject to the K181 listing, unless the conditions in the K181 
listing are met.

------------------------------------------------------------------------
                                                     Chemical     Mass
                    Constituent                      abstracts   levels
                                                        No.      (kg/yr)
------------------------------------------------------------------------
Aniline...........................................     62-53-3     9,300
o-Anisidine.......................................     90-04-0       110
4-Chloroaniline...................................    106-47-8     4,800
p-Cresidine.......................................    120-71-8       660
2,4-Dimethylaniline...............................     95-68-1       100
1,2-Phenylenediamine..............................     95-54-5       710
1,3-Phenylenediamine..............................    108-45-2     1,200
------------------------------------------------------------------------

    (d) Procedures for demonstrating that dyes and/or pigment 
nonwastewaters are not K181. The procedures described in paragraphs 
(d)(1)-(d)(3) and (d)(5) of this section establish when nonwastewaters 
from the production of dyes/pigments would not be hazardous (these 
procedures apply to wastes that are not disposed in landfill units or 
treated in combustion units as specified in paragraph (a) of this 
section). If the nonwastewaters are disposed in landfill units or 
treated in combustion units as described in paragraph (a) of this 
section, then the nonwastewaters are not hazardous. In order to 
demonstrate that it is meeting the landfill disposal or combustion 
conditions contained in the K181 listing description, the generator must 
maintain documentation as described in paragraph (d)(4) of this section.
    (1) Determination based on no K181 constituents. Generators that 
have knowledge (e.g., knowledge of constituents in wastes based on prior 
sampling and analysis data and/or information about raw materials used, 
production processes used, and reaction and degradation products formed) 
that their wastes contain none of the K181 constituents (see paragraph 
(c) of this section) can use their knowledge to determine that their 
waste is not K181. The generator must document the basis for all such 
determinations on an annual basis and keep each annual documentation for 
three years.
    (2) Determination for generated quantities of 1,000 MT/yr or less 
for wastes that contain K181 constituents. If the total annual quantity 
of dyes and/or pigment nonwastewaters generated is 1,000 metric tons or 
less, the generator can use knowledge of the wastes (e.g., knowledge of 
constituents in wastes based on prior analytical data and/or information 
about raw materials

[[Page 72]]

used, production processes used, and reaction and degradation products 
formed) to conclude that annual mass loadings for the K181 constituents 
are below the paragraph (c) of this section listing levels of this 
section. To make this determination, the generator must:
    (i) Each year document the basis for determining that the annual 
quantity of nonwastewaters expected to be generated will be less than 
1,000 metric tons.
    (ii) Track the actual quantity of nonwastewaters generated from 
January 1 through December 31 of each year. If, at any time within the 
year, the actual waste quantity exceeds 1,000 metric tons, the generator 
must comply with the requirements of paragraph (d)(3) of this section 
for the remainder of the year.
    (iii) Keep a running total of the K181 constituent mass loadings 
over the course of the calendar year.
    (iv) Keep the following records on site for the three most recent 
calendar years in which the hazardous waste determinations are made:
    (A) The quantity of dyes and/or pigment nonwastewaters generated.
    (B) The relevant process information used.
    (C) The calculations performed to determine annual total mass 
loadings for each K181 constituent in the nonwastewaters during the 
year.
    (3) Determination for generated quantities greater than 1,000 MT/yr 
for wastes that contain K181 constituents. If the total annual quantity 
of dyes and/or pigment nonwastewaters generated is greater than 1,000 
metric tons, the generator must perform all of the steps described in 
paragraphs ((d)(3)(i)-(d)(3)(xi) of this section) in order to make a 
determination that its waste is not K181.
    (i) Determine which K181 constituents (see paragraph (c) of this 
section) are reasonably expected to be present in the wastes based on 
knowledge of the wastes (e.g., based on prior sampling and analysis data 
and/or information about raw materials used, production processes used, 
and reaction and degradation products formed).
    (ii) If 1,2-phenylenediamine is present in the wastes, the generator 
can use either knowledge or sampling and analysis procedures to 
determine the level of this constituent in the wastes. For 
determinations based on use of knowledge, the generator must comply with 
the procedures for using knowledge described in paragraph (d)(2) of this 
section and keep the records described in paragraph (d)(2)(iv) of this 
section. For determinations based on sampling and analysis, the 
generator must comply with the sampling and analysis and recordkeeping 
requirements described below in this section.
    (iii) Develop a waste sampling and analysis plan (or modify an 
existing plan) to collect and analyze representative waste samples for 
the K181 constituents reasonably expected to be present in the wastes. 
At a minimum, the plan must include:
    (A) A discussion of the number of samples needed to characterize the 
wastes fully;
    (B) The planned sample collection method to obtain representative 
waste samples;
    (C) A discussion of how the sampling plan accounts for potential 
temporal and spatial variability of the wastes.
    (D) A detailed description of the test methods to be used, including 
sample preparation, clean up (if necessary), and determinative methods.
    (iv) Collect and analyze samples in accordance with the waste 
sampling and analysis plan.
    (A) The sampling and analysis must be unbiased, precise, and 
representative of the wastes.
    (B) The analytical measurements must be sufficiently sensitive, 
accurate and precise to support any claim that the constituent mass 
loadings are below the paragraph (c) of this section listing levels of 
this section.
    (v) Record the analytical results.
    (vi) Record the waste quantity represented by the sampling and 
analysis results.
    (vii) Calculate constituent-specific mass loadings (product of 
concentrations and waste quantity).
    (viii) Keep a running total of the K181 constituent mass loadings 
over the course of the calendar year.
    (ix) Determine whether the mass of any of the K181 constituents 
listed in paragraph (c) of this section generated between January 1 and 
December 31 of any year is below the K181 listing levels.
    (x) Keep the following records on site for the three most recent 
calendar years in which the hazardous waste determinations are made:
    (A) The sampling and analysis plan.
    (B) The sampling and analysis results (including QA/QC data)
    (C) The quantity of dyes and/or pigment nonwastewaters generated.
    (D) The calculations performed to determine annual mass loadings.
    (xi) Nonhazardous waste determinations must be conducted annually to 
verify that the wastes remain nonhazardous.
    (A) The annual testing requirements are suspended after three 
consecutive successful annual demonstrations that the wastes are 
nonhazardous. The generator can then use knowledge of the wastes to 
support subsequent annual determinations.

[[Page 73]]

    (B) The annual testing requirements are reinstated if the 
manufacturing or waste treatment processes generating the wastes are 
significantly altered, resulting in an increase of the potential for the 
wastes to exceed the listing levels.
    (C) If the annual testing requirements are suspended, the generator 
must keep records of the process knowledge information used to support a 
nonhazardous determination. If testing is reinstated, a description of 
the process change must be retained.
    (4) Recordkeeping for the landfill disposal and combustion 
exemptions. For the purposes of meeting the landfill disposal and 
combustion condition set out in the K181 listing description, the 
generator must maintain on site for three years documentation 
demonstrating that each shipment of waste was received by a landfill 
unit that is subject to or meets the landfill design standards set out 
in the listing description, or was treated in combustion units as 
specified in the listing description.
    (5) Waste holding and handling. During the interim period, from the 
point of generation to completion of the hazardous waste determination, 
the generator is responsible for storing the wastes appropriately. If 
the wastes are determined to be hazardous and the generator has not 
complied with the subtitle C requirements during the interim period, the 
generator could be subject to an enforcement action for improper 
management.
    2. At 70 FR 35033, June 16, 2005, Sec. 261.32 was amended by 
revising the introductory text to paragraph (d)(2) and paragraph 
(d)(3)(iv)(B), effective August 23, 2005. For the convenience of the 
user, the revised text is set forth as follows:

Sec. 261.32  Hazardous wastes from specific sources.

                                * * * * *

    (d) * * *
    (2) Determination for generated quantities of 1,000 MT/yr or less 
for wastes that contain K181 constituents. If the total annual quantity 
of dyes and/or pigment nonwastewaters generated is 1,000 metric tons or 
less, the generator can use knowledge of the wastes (e.g., knowledge of 
constituents in wastes based on prior analytical data and/or information 
about raw materials used, production processes used, and reaction and 
degradation products formed) to conclude that annual mass loadings for 
the K181 constituents are below the listing levels of paragraph (c) of 
this section. To make this determination, the generator must:

                                * * * * *

    (3) * * *
    (iv) * * *
    (B) The analytical measurements must be sufficiently sensitive, 
accurate and precise to support any claim that the constituent mass 
loadings are below the listing levels of paragraph (c) of this section.

                                * * * * *



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

[[Page 74]]

commercial chemical product or manufacturing chemical intermediate 
having the generic name listed in paragraphs (e) or (f) of this section, 
unless the container is empty as defined in Sec. 261.7(b) of this 
chapter.

[Comment: Unless the residue is being beneficially used or reused, or 
legitimately recycled or reclaimed; or being accumulated, stored, 
transported or treated prior to such use, re-use, recycling or 
reclamation, EPA considers the residue to be intended for discard, and 
thus, a hazardous waste. An example of a legitimate re-use of the 
residue would be where the residue remains in the container and the 
container is used to hold the same commercial chemical product or 
manufacturing chemical intermediate it previously held. An example of 
the discard of the residue would be where the drum is sent to a drum 
reconditioner who reconditions the drum but discards the residue.]

    (d) Any residue or contaminated soil, water or other debris 
resulting from the cleanup of a spill into or on any land or water of 
any commercial chemical product or manufacturing chemical intermediate 
having the generic name listed in paragraph (e) or (f) of this section, 
or any residue or contaminated soil, water or other debris resulting 
from the cleanup of a spill, into or on any land or water, of any off-
specification chemical product and manufacturing chemical intermediate 
which, if it met specifications, would have the generic name listed in 
paragraph (e) or (f) of this section.

[Comment: The phrase ``commercial chemical product or manufacturing 
chemical intermediate having the generic name listed in . . .'' refers 
to a chemical substance which is manufactured or formulated for 
commercial or manufacturing use which consists of the commercially pure 
grade of the chemical, any technical grades of the chemical that are 
produced or marketed, and all formulations in which the chemical is the 
sole active ingredient. It does not refer to a material, such as a 
manufacturing process waste, that contains any of the substances listed 
in paragraph (e) or (f). Where a manufacturing process waste is deemed 
to be a hazardous waste because it contains a substance listed in 
paragraph (e) or (f), such waste will be listed in either Sec. 261.31 
or Sec. 261.32 or will be identified as a hazardous waste by the 
characteristics set forth in subpart C of this part.]

    (e) The commercial chemical products, manufacturing chemical 
intermediates or off-specification commercial chemical products or 
manufacturing chemical intermediates referred to in paragraphs (a) 
through (d) of this section, are identified as acute hazardous wastes 
(H) and are subject to be the small quantity exclusion defined in Sec. 
261.5(e).

[Comment: For the convenience of the regulated community the primary 
hazardous properties of these materials have been indicated by the 
letters T (Toxicity), and R (Reactivity). Absence of a letter indicates 
that the compound only is listed for acute toxicity.]

    These wastes and their corresponding EPA Hazardous Waste Numbers 
are:

------------------------------------------------------------------------
                      Chemical
  Hazardous waste     abstracts                  Substance
        No.              No.
------------------------------------------------------------------------
P023                    107-20-0  Acetaldehyde, chloro-
P002                    591-08-2  Acetamide, N-(aminothioxomethyl)-
P057                    640-19-7  Acetamide, 2-fluoro-
P058                     62-74-8  Acetic acid, fluoro-, sodium salt
P002                    591-08-2  1-Acetyl-2-thiourea
P003                    107-02-8  Acrolein
P070                    116-06-3  Aldicarb
P203                   1646-88-4  Aldicarb sulfone.
P004                    309-00-2  Aldrin
P005                    107-18-6  Allyl alcohol
P006                  20859-73-8  Aluminum phosphide (R,T)
P007                   2763-96-4  5-(Aminomethyl)-3-isoxazolol
P008                    504-24-5  4-Aminopyridine
P009                    131-74-8  Ammonium picrate (R)
P119                   7803-55-6  Ammonium vanadate
P099                    506-61-6  Argentate(1-), bis(cyano-C)-,
                                   potassium
P010                   7778-39-4  Arsenic acid H3 AsO4
P012                   1327-53-3  Arsenic oxide As2 O3
P011                   1303-28-2  Arsenic oxide As2 O5
P011                   1303-28-2  Arsenic pentoxide
P012                   1327-53-3  Arsenic trioxide
P038                    692-42-2  Arsine, diethyl-

[[Page 75]]

 
P036                    696-28-6  Arsonous dichloride, phenyl-
P054                    151-56-4  Aziridine
P067                     75-55-8  Aziridine, 2-methyl-
P013                    542-62-1  Barium cyanide
P024                    106-47-8  Benzenamine, 4-chloro-
P077                    100-01-6  Benzenamine, 4-nitro-
P028                    100-44-7  Benzene, (chloromethyl)-
P042                     51-43-4  1,2-Benzenediol, 4-[1-hydroxy-2-
                                   (methylamino)ethyl]-, (R)-
P046                    122-09-8  Benzeneethanamine, alpha,alpha-
                                   dimethyl-
P014                    108-98-5  Benzenethiol
P127                   1563-66-2  7-Benzofuranol, 2,3-dihydro-2,2-
                                   dimethyl-, methylcarbamate.
P188                     57-64-7  Benzoic acid, 2-hydroxy-, compd. with
                                   (3aS-cis)-1,2,3,3a,8,8a-hexahydro-
                                   1,3a,8-trimethylpyrrolo[2,3-b]indol-5-
                                   yl methylcarbamate ester (1:1).
P001                 \1\ 81-81-2  2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
                                   oxo-1-phenylbutyl)-, & salts, when
                                   present at concentrations greater
                                   than 0.3%
P028                    100-44-7  Benzyl chloride
P015                   7440-41-7  Beryllium powder
P017                    598-31-2  Bromoacetone
P018                    357-57-3  Brucine
P045                  39196-18-4  2-Butanone, 3,3-dimethyl-1-
                                   (methylthio)-,
                                   O-[methylamino)carbonyl] oxime
P021                    592-01-8  Calcium cyanide
P021                    592-01-8  Calcium cyanide Ca(CN)2
P189                  55285-14-8  Carbamic acid, [(dibutylamino)-
                                   thio]methyl-, 2,3-dihydro-2,2-
                                   dimethyl- 7-benzofuranyl ester.
P191                    644-64-4  Carbamic acid, dimethyl-, 1-[(dimethyl-
                                   amino)carbonyl]- 5-methyl-1H- pyrazol-
                                   3-yl ester.
P192                    119-38-0  Carbamic acid, dimethyl-, 3-methyl-1-
                                   (1-methylethyl)-1H- pyrazol-5-yl
                                   ester.
P190                   1129-41-5  Carbamic acid, methyl-, 3-methylphenyl
                                   ester.
P127                   1563-66-2  Carbofuran.
P022                     75-15-0  Carbon disulfide
P095                     75-44-5  Carbonic dichloride
P189                  55285-14-8  Carbosulfan.
P023                    107-20-0  Chloroacetaldehyde
P024                    106-47-8  p-Chloroaniline
P026                   5344-82-1  1-(o-Chlorophenyl)thiourea
P027                    542-76-7  3-Chloropropionitrile
P029                    544-92-3  Copper cyanide
P029                    544-92-3  Copper cyanide Cu(CN)
P202                     64-00-6  m-Cumenyl methylcarbamate.
P030                ............  Cyanides (soluble cyanide salts), not
                                   otherwise specified
P031                    460-19-5  Cyanogen
P033                    506-77-4  Cyanogen chloride
P033                    506-77-4  Cyanogen chloride (CN)Cl
P034                    131-89-5  2-Cyclohexyl-4,6-dinitrophenol
P016                    542-88-1  Dichloromethyl ether
P036                    696-28-6  Dichlorophenylarsine
P037                     60-57-1  Dieldrin
P038                    692-42-2  Diethylarsine
P041                    311-45-5  Diethyl-p-nitrophenyl phosphate
P040                    297-97-2  O,O-Diethyl O-pyrazinyl
                                   phosphorothioate
P043                     55-91-4  Diisopropylfluorophosphate (DFP)
P004                    309-00-2  1,4,5,8-Dimethanonaphthalene,
                                   1,2,3,4,10,10-hexa- chloro-
                                   1,4,4a,5,8,8a,-hexahydro-,
                                   (1alpha,4alpha,4abeta,5alpha,8alpha,8
                                   abeta)-
 
P060                    465-73-6  1,4,5,8-Dimethanonaphthalene,
                                   1,2,3,4,10,10-hexa- chloro-
                                   1,4,4a,5,8,8a-hexahydro-,
                                   (1alpha,4alpha,4abeta,5beta,8beta,8ab
                                   eta)-
 
P037                     60-57-1  2,7:3,6-Dimethanonaphth[2,3-b]oxirene,
                                   3,4,5,6,9,9-hexachloro-
                                   1a,2,2a,3,6,6a,7,7a-octahydro-,
                                   (1aalpha,2beta,2aalpha,3beta,6beta,6a
                                   alpha,7beta, 7aalpha)-
P051                 \1\ 72-20-8  2,7:3,6-Dimethanonaphth [2,3-
                                   b]oxirene, 3,4,5,6,9,9-hexachloro-
                                   1a,2,2a,3,6,6a,7,7a-octahydro-,
                                   (1aalpha,2beta,2abeta,3alpha,6alpha,6
                                   abeta,7beta, 7aalpha)-, & metabolites
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

[[Page 76]]

 
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
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-

[[Page 77]]

 
P048                     51-28-5  Phenol, 2,4-dinitro-
P047                \1\ 534-52-1  Phenol, 2-methyl-4,6-dinitro-, & salts
P020                     88-85-7  Phenol, 2-(1-methylpropyl)-4,6-dinitro-
 
P009                    131-74-8  Phenol, 2,4,6-trinitro-, ammonium salt
                                   (R)
P128                    315-18-4  Phenol, 4-(dimethylamino)-3,5-dimethyl-
                                   , methylcarbamate (ester).
P199                   2032-65-7  Phenol, (3,5-dimethyl-4-(methylthio)-,
                                   methylcarbamate
P202                     64-00-6  Phenol, 3-(1-methylethyl)-, methyl
                                   carbamate.
P201                   2631-37-0  Phenol, 3-methyl-5-(1-methylethyl)-,
                                   methyl carbamate.
P092                     62-38-4  Phenylmercury acetate
P093                    103-85-5  Phenylthiourea
P094                    298-02-2  Phorate
P095                     75-44-5  Phosgene
P096                   7803-51-2  Phosphine
P041                    311-45-5  Phosphoric acid, diethyl 4-nitrophenyl
                                   ester
P039                    298-04-4  Phosphorodithioic acid, O,O-diethyl
                                   S-[2-(ethylthio)ethyl] ester
P094                    298-02-2  Phosphorodithioic acid, O,O-diethyl
                                   S-[(ethylthio)methyl] ester
P044                     60-51-5  Phosphorodithioic acid, O,O-dimethyl S-
                                   [2-(methyl amino)-2-oxoethyl] ester
P043                     55-91-4  Phosphorofluoridic acid, bis(1-
                                   methylethyl) ester
P089                     56-38-2  Phosphorothioic acid, O,O-diethyl O-(4-
                                   nitrophenyl) ester
P040                    297-97-2  Phosphorothioic acid, O,O-diethyl O-
                                   pyrazinyl ester
P097                     52-85-7  Phosphorothioic acid,
                                   O-[4-[(dimethylamino)sulfonyl]phenyl]
                                   O,O-dimethyl ester
P071                    298-00-0  Phosphorothioic acid, O,O,-dimethyl O-
                                   (4-nitrophenyl) ester
P204                     57-47-6  Physostigmine.
P188                     57-64-7  Physostigmine salicylate.
P110                     78-00-2  Plumbane, tetraethyl-
P098                    151-50-8  Potassium cyanide
P098                    151-50-8  Potassium cyanide K(CN)
P099                    506-61-6  Potassium silver cyanide
P201                   2631-37-0  Promecarb
P070                    116-06-3  Propanal, 2-methyl-2-(methylthio)-,
                                   O-[(methylamino)carbonyl]oxime
P203                   1646-88-4  Propanal, 2-methyl-2-(methyl-sulfonyl)-
                                   , O-[(methylamino)carbonyl] oxime.
P101                    107-12-0  Propanenitrile
P027                    542-76-7  Propanenitrile, 3-chloro-
P069                     75-86-5  Propanenitrile, 2-hydroxy-2-methyl-
P081                     55-63-0  1,2,3-Propanetriol, trinitrate (R)
P017                    598-31-2  2-Propanone, 1-bromo-
P102                    107-19-7  Propargyl alcohol
P003                    107-02-8  2-Propenal
P005                    107-18-6  2-Propen-1-ol
P067                     75-55-8  1,2-Propylenimine
P102                    107-19-7  2-Propyn-1-ol
P008                    504-24-5  4-Pyridinamine
P075                 \1\ 54-11-5  Pyridine, 3-(1-methyl-2-pyrrolidinyl)-
                                   , (S)-, & salts
P204                     57-47-6  Pyrrolo[2,3-b]indol-5-ol,
                                   1,2,3,3a,8,8a-hexahydro-1,3a,8-
                                   trimethyl-,
                                   methylcarbamate (ester), (3aS-cis)-.
P114                  12039-52-0  Selenious acid, dithallium(1+) salt
P103                    630-10-4  Selenourea
P104                    506-64-9  Silver cyanide
P104                    506-64-9  Silver cyanide Ag(CN)
P105                  26628-22-8  Sodium azide
P106                    143-33-9  Sodium cyanide
P106                    143-33-9  Sodium cyanide Na(CN)
P108                 \1\ 57-24-9  Strychnidin-10-one, & salts
P018                    357-57-3  Strychnidin-10-one, 2,3-dimethoxy-
P108                 \1\ 57-24-9  Strychnine, & salts
P115                   7446-18-6  Sulfuric acid, dithallium(1+) salt
P109                   3689-24-5  Tetraethyldithiopyrophosphate
P110                     78-00-2  Tetraethyl lead
P111                    107-49-3  Tetraethyl pyrophosphate
P112                    509-14-8  Tetranitromethane (R)
P062                    757-58-4  Tetraphosphoric acid, hexaethyl ester
P113                   1314-32-5  Thallic oxide
P113                   1314-32-5  Thallium oxide Tl2 O3
P114                  12039-52-0  Thallium(I) selenite
P115                   7446-18-6  Thallium(I) sulfate
P109                   3689-24-5  Thiodiphosphoric acid, tetraethyl
                                   ester
P045                  39196-18-4  Thiofanox
P049                    541-53-7  Thioimidodicarbonic diamide [(H2
                                   N)C(S)]2 NH

[[Page 78]]

 
P014                    108-98-5  Thiophenol
P116                     79-19-6  Thiosemicarbazide
P026                   5344-82-1  Thiourea, (2-chlorophenyl)-
P072                     86-88-4  Thiourea, 1-naphthalenyl-
P093                    103-85-5  Thiourea, phenyl-
P185                  26419-73-8  Tirpate.
P123                   8001-35-2  Toxaphene
P118                     75-70-7  Trichloromethanethiol
P119                   7803-55-6  Vanadic acid, ammonium salt
P120                   1314-62-1  Vanadium oxide V2 O5
P120                   1314-62-1  Vanadium pentoxide
P084                   4549-40-0  Vinylamine, N-methyl-N-nitroso-
P001                 \1\ 81-81-2  Warfarin, & salts, when present at
                                   concentrations greater than 0.3%
P205                    137-30-4  Zinc, bis(dimethylcarbamodithioato-
                                   S,S')-,
P121                    557-21-1  Zinc cyanide
P121                    557-21-1  Zinc cyanide Zn(CN)2
P122                   1314-84-7  Zinc phosphide Zn3 P2, when present at
                                   concentrations greater than 10% (R,T)
P205                    137-30-4  Ziram.
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.

    (f) The commercial chemical products, manfacturing chemical inter 
mediates, or off-specification commercial chemical products referred to 
in paragraphs (a) through (d) of this section, are identified as toxic 
wastes (T), unless otherwise designated and are subject to the small 
quantity generator exclusion defined in Sec. 261.5 (a) and (g).

[Comment: For the convenience of the regulated community, the primary 
hazardous properties of these materials have been indicated by the 
letters T (Toxicity), R (Reactivity), I (Ignitability) and C 
(Corrosivity). Absence of a letter indicates that the compound is only 
listed for toxicity.]

    These wastes and their corresponding EPA Hazardous Waste Numbers 
are:

------------------------------------------------------------------------
                      Chemical
  Hazardous waste     abstracts                  Substance
        No.              No.
------------------------------------------------------------------------
U394                  30558-43-1  A2213.
U001                     75-07-0  Acetaldehyde (I)
U034                     75-87-6  Acetaldehyde, trichloro-
U187                     62-44-2  Acetamide, N-(4-ethoxyphenyl)-
U005                     53-96-3  Acetamide, N-9H-fluoren-2-yl-
U240                 \1\ 94-75-7  Acetic acid, (2,4-dichlorophenoxy)-,
                                   salts & esters
U112                    141-78-6  Acetic acid ethyl ester (I)
U144                    301-04-2  Acetic acid, lead(2+) salt
U214                    563-68-8  Acetic acid, thallium(1+) salt
see F027                 93-76-5  Acetic acid, (2,4,5-trichlorophenoxy)-
U002                     67-64-1  Acetone (I)
U003                     75-05-8  Acetonitrile (I,T)
U004                     98-86-2  Acetophenone
U005                     53-96-3  2-Acetylaminofluorene
U006                     75-36-5  Acetyl chloride (C,R,T)
U007                     79-06-1  Acrylamide
U008                     79-10-7  Acrylic acid (I)
U009                    107-13-1  Acrylonitrile
U011                     61-82-5  Amitrole
U012                     62-53-3  Aniline (I,T)
U136                     75-60-5  Arsinic acid, dimethyl-
U014                    492-80-8  Auramine
U015                    115-02-6  Azaserine
U010                     50-07-7  Azirino[2',3':3,4]pyrrolo[1,2-a]indole-
                                   4,7-dione, 6-amino-8-
                                   [[(aminocarbonyl)oxy]methyl]-
                                   1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-
                                   methyl-, [1aS-(1aalpha,
                                   8beta,8aalpha,8balpha)]-
U280                    101-27-9  Barban.
U278                  22781-23-3  Bendiocarb.
U364                  22961-82-6  Bendiocarb phenol.
U271                  17804-35-2  Benomyl.
U157                     56-49-5  Benz[j]aceanthrylene, 1,2-dihydro-3-
                                   methyl-
U016                    225-51-4  Benz[c]acridine

[[Page 79]]

 
U017                     98-87-3  Benzal chloride
U192                  23950-58-5  Benzamide, 3,5-dichloro-N-(1,1-
                                   dimethyl-2-propynyl)-
U018                     56-55-3  Benz[a]anthracene
U094                     57-97-6  Benz[a]anthracene, 7,12-dimethyl-
U012                     62-53-3  Benzenamine (I,T)
U014                    492-80-8  Benzenamine, 4,4'-carbonimidoylbis[N,N-
                                   dimethyl-
U049                   3165-93-3  Benzenamine, 4-chloro-2-methyl-,
                                   hydrochloride
U093                     60-11-7  Benzenamine, N,N-dimethyl-4-
                                   (phenylazo)-
U328                     95-53-4  Benzenamine, 2-methyl-
U353                    106-49-0  Benzenamine, 4-methyl-
U158                    101-14-4  Benzenamine, 4,4'-methylenebis[2-
                                   chloro-
U222                    636-21-5  Benzenamine, 2-methyl-, hydrochloride
U181                     99-55-8  Benzenamine, 2-methyl-5-nitro-
U019                     71-43-2  Benzene (I,T)
U038                    510-15-6  Benzeneacetic acid, 4-chloro-alpha-(4-
                                   chlorophenyl)-alpha-hydroxy-, ethyl
                                   ester
U030                    101-55-3  Benzene, 1-bromo-4-phenoxy-
U035                    305-03-3  Benzenebutanoic acid, 4-[bis(2-
                                   chloroethyl)amino]-
U037                    108-90-7  Benzene, chloro-
U221                  25376-45-8  Benzenediamine, ar-methyl-
U028                    117-81-7  1,2-Benzenedicarboxylic acid, bis(2-
                                   ethylhexyl) ester
U069                     84-74-2  1,2-Benzenedicarboxylic acid, dibutyl
                                   ester
U088                     84-66-2  1,2-Benzenedicarboxylic acid, diethyl
                                   ester
U102                    131-11-3  1,2-Benzenedicarboxylic acid, dimethyl
                                   ester
U107                    117-84-0  1,2-Benzenedicarboxylic acid, dioctyl
                                   ester
U070                     95-50-1  Benzene, 1,2-dichloro-
U071                    541-73-1  Benzene, 1,3-dichloro-
U072                    106-46-7  Benzene, 1,4-dichloro-
U060                     72-54-8  Benzene, 1,1'-(2,2-
                                   dichloroethylidene)bis[4-chloro-
U017                     98-87-3  Benzene, (dichloromethyl)-
U223                  26471-62-5  Benzene, 1,3-diisocyanatomethyl- (R,T)
U239                   1330-20-7  Benzene, dimethyl- (I,T)
U201                    108-46-3  1,3-Benzenediol
U127                    118-74-1  Benzene, hexachloro-
U056                    110-82-7  Benzene, hexahydro- (I)
U220                    108-88-3  Benzene, methyl-
U105                    121-14-2  Benzene, 1-methyl-2,4-dinitro-
U106                    606-20-2  Benzene, 2-methyl-1,3-dinitro-
U055                     98-82-8  Benzene, (1-methylethyl)- (I)
U169                     98-95-3  Benzene, nitro-
U183                    608-93-5  Benzene, pentachloro-
U185                     82-68-8  Benzene, pentachloronitro-
U020                     98-09-9  Benzenesulfonic acid chloride (C,R)
U020                     98-09-9  Benzenesulfonyl chloride (C,R)
U207                     95-94-3  Benzene, 1,2,4,5-tetrachloro-
U061                     50-29-3  Benzene, 1,1'-(2,2,2-
                                   trichloroethylidene)bis[4-chloro-
U247                     72-43-5  Benzene, 1,1'-(2,2,2-
                                   trichloroethylidene)bis[4- methoxy-
U023                     98-07-7  Benzene, (trichloromethyl)-
U234                     99-35-4  Benzene, 1,3,5-trinitro-
U021                     92-87-5  Benzidine
U202                 \1\ 81-07-2  1,2-Benzisothiazol-3(2H)-one, 1,1-
                                   dioxide, & salts
U278                  22781-23-3  1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
                                   methyl carbamate.
U364                  22961-82-6  1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
U203                     94-59-7  1,3-Benzodioxole, 5-(2-propenyl)-
U141                    120-58-1  1,3-Benzodioxole, 5-(1-propenyl)-
U367                   1563-38-8  7-Benzofuranol, 2,3-dihydro-2,2-
                                   dimethyl-
U090                     94-58-6  1,3-Benzodioxole, 5-propyl-
U064                    189-55-9  Benzo[rst]pentaphene
U248                  \1\81-81-2  2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
                                   oxo-1-phenyl-butyl)-, & salts, when
                                   present at concentrations of 0.3% or
                                   less
U022                     50-32-8  Benzo[a]pyrene
U197                    106-51-4  p-Benzoquinone
U023                     98-07-7  Benzotrichloride (C,R,T)
U085                   1464-53-5  2,2'-Bioxirane
U021                     92-87-5  [1,1'-Biphenyl]-4,4'-diamine
U073                     91-94-1  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
                                   dichloro-
U091                    119-90-4  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
                                   dimethoxy-
U095                    119-93-7  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
                                   dimethyl-
U225                     75-25-2  Bromoform
U030                    101-55-3  4-Bromophenyl phenyl ether
U128                     87-68-3  1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
U172                    924-16-3  1-Butanamine, N-butyl-N-nitroso-
U031                     71-36-3  1-Butanol (I)

[[Page 80]]

 
U159                     78-93-3  2-Butanone (I,T)
U160                   1338-23-4  2-Butanone, peroxide (R,T)
U053                   4170-30-3  2-Butenal
U074                    764-41-0  2-Butene, 1,4-dichloro- (I,T)
U143                    303-34-4  2-Butenoic acid, 2-methyl-, 7-[[2,3-
                                   dihydroxy-
                                   2-(1-methoxyethyl)-3-methyl-1-
                                   oxobutoxy]methyl]-
                                   2,3,5,7a-tetrahydro-1H-pyrrolizin-1-
                                   yl ester,
                                   [1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-
U031                     71-36-3  n-Butyl alcohol (I)
U136                     75-60-5  Cacodylic acid
U032                  13765-19-0  Calcium chromate
U372                  10605-21-7  Carbamic acid, 1H-benzimidazol-2-yl,
                                   methyl ester.
U271                  17804-35-2  Carbamic acid, [1-
                                   [(butylamino)carbonyl]-1H-
                                   benzimidazol-2-yl]-, methyl ester.
U280                    101-27-9  Carbamic acid, (3-chlorophenyl)-, 4-
                                   chloro-2-butynyl ester.
U238                     51-79-6  Carbamic acid, ethyl ester
U178                    615-53-2  Carbamic acid, methylnitroso-, ethyl
                                   ester
U373                    122-42-9  Carbamic acid, phenyl-, 1-methylethyl
                                   ester.
U409                  23564-05-8  Carbamic acid, [1,2-phenylenebis
                                   (iminocarbonothioyl)]bis-, dimethyl
                                   ester.
U097                     79-44-7  Carbamic chloride, dimethyl-
U389                   2303-17-5  Carbamothioic acid, bis(1-methylethyl)-
                                   , S-(2,3,3-trichloro-2-propenyl)
                                   ester.
U387                  52888-80-9  Carbamothioic acid, dipropyl-, S-
                                   (phenylmethyl) ester.
U114                \1\ 111-54-6  Carbamodithioic acid, 1,2-
                                   ethanediylbis-,
                                   salts & esters
U062                   2303-16-4  Carbamothioic acid, bis(1-methylethyl)-
                                   , S-(2,3-di chloro-2-propenyl) ester
U279                     63-25-2  Carbaryl.
U372                  10605-21-7  Carbendazim.
U367                   1563-38-8  Carbofuran phenol.
U215                   6533-73-9  Carbonic acid, dithallium(1+) salt
U033                    353-50-4  Carbonic difluoride
U156                     79-22-1  Carbonochloridic acid, methyl ester
                                   (I,T)
U033                    353-50-4  Carbon oxyfluoride (R,T)
U211                     56-23-5  Carbon tetrachloride
U034                     75-87-6  Chloral
U035                    305-03-3  Chlorambucil
U036                     57-74-9  Chlordane, alpha & gamma isomers
U026                    494-03-1  Chlornaphazin
U037                    108-90-7  Chlorobenzene
U038                    510-15-6  Chlorobenzilate
U039                     59-50-7  p-Chloro-m-cresol
U042                    110-75-8  2-Chloroethyl vinyl ether
U044                     67-66-3  Chloroform
U046                    107-30-2  Chloromethyl methyl ether
U047                     91-58-7  beta-Chloronaphthalene
U048                     95-57-8  o-Chlorophenol
U049                   3165-93-3  4-Chloro-o-toluidine, hydrochloride
U032                  13765-19-0  Chromic acid H2 CrO4, calcium salt
U050                    218-01-9  Chrysene
U051                ............  Creosote
U052                   1319-77-3  Cresol (Cresylic acid)
U053                   4170-30-3  Crotonaldehyde
U055                     98-82-8  Cumene (I)
U246                    506-68-3  Cyanogen bromide (CN)Br
U197                    106-51-4  2,5-Cyclohexadiene-1,4-dione
U056                    110-82-7  Cyclohexane (I)
U129                     58-89-9  Cyclohexane, 1,2,3,4,5,6-hexachloro-,
                                   (1alpha,2alpha,3beta,4alpha,5alpha,6b
                                   eta)-
U057                    108-94-1  Cyclohexanone (I)
U130                     77-47-4  1,3-Cyclopentadiene, 1,2,3,4,5,5-
                                   hexachloro-
U058                     50-18-0  Cyclophosphamide
U240                 \1\ 94-75-7  2,4-D, salts & esters
U059                  20830-81-3  Daunomycin
U060                     72-54-8  DDD
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

[[Page 81]]

 
U074                    764-41-0  1,4-Dichloro-2-butene (I,T)
U075                     75-71-8  Dichlorodifluoromethane
U078                     75-35-4  1,1-Dichloroethylene
U079                    156-60-5  1,2-Dichloroethylene
U025                    111-44-4  Dichloroethyl ether
U027                    108-60-1  Dichloroisopropyl ether
U024                    111-91-1  Dichloromethoxy ethane
U081                    120-83-2  2,4-Dichlorophenol
U082                     87-65-0  2,6-Dichlorophenol
U084                    542-75-6  1,3-Dichloropropene
U085                   1464-53-5  1,2:3,4-Diepoxybutane (I,T)
U108                    123-91-1  1,4-Diethyleneoxide
U028                    117-81-7  Diethylhexyl phthalate
U395                   5952-26-1  Diethylene glycol, dicarbamate.
U086                   1615-80-1  N,N'-Diethylhydrazine
U087                   3288-58-2  O,O-Diethyl S-methyl dithiophosphate
U088                     84-66-2  Diethyl phthalate
U089                     56-53-1  Diethylstilbesterol
U090                     94-58-6  Dihydrosafrole
U091                    119-90-4  3,3'-Dimethoxybenzidine
U092                    124-40-3  Dimethylamine (I)
U093                     60-11-7  p-Dimethylaminoazobenzene
U094                     57-97-6  7,12-Dimethylbenz[a]anthracene
U095                    119-93-7  3,3'-Dimethylbenzidine
U096                     80-15-9  alpha,alpha-
                                   Dimethylbenzylhydroperoxide (R)
U097                     79-44-7  Dimethylcarbamoyl chloride
U098                     57-14-7  1,1-Dimethylhydrazine
U099                    540-73-8  1,2-Dimethylhydrazine
U101                    105-67-9  2,4-Dimethylphenol
U102                    131-11-3  Dimethyl phthalate
U103                     77-78-1  Dimethyl sulfate
U105                    121-14-2  2,4-Dinitrotoluene
U106                    606-20-2  2,6-Dinitrotoluene
U107                    117-84-0  Di-n-octyl phthalate
U108                    123-91-1  1,4-Dioxane
U109                    122-66-7  1,2-Diphenylhydrazine
U110                    142-84-7  Dipropylamine (I)
U111                    621-64-7  Di-n-propylnitrosamine
U041                    106-89-8  Epichlorohydrin
U001                     75-07-0  Ethanal (I)
U404                    121-44-8  Ethanamine, N,N-diethyl-
U174                     55-18-5  Ethanamine, N-ethyl-N-nitroso-
U155                     91-80-5  1,2-Ethanediamine, N,N-dimethyl-N'-2-
                                   pyridinyl-N'-(2-thienylmethyl)-
U067                    106-93-4  Ethane, 1,2-dibromo-
U076                     75-34-3  Ethane, 1,1-dichloro-
U077                    107-06-2  Ethane, 1,2-dichloro-
U131                     67-72-1  Ethane, hexachloro-
U024                    111-91-1  Ethane, 1,1'-[methylenebis(oxy)]bis[2-
                                   chloro-
U117                     60-29-7  Ethane, 1,1'-oxybis-(I)
U025                    111-44-4  Ethane, 1,1'-oxybis[2-chloro-
U184                     76-01-7  Ethane, pentachloro-
U208                    630-20-6  Ethane, 1,1,1,2-tetrachloro-
U209                     79-34-5  Ethane, 1,1,2,2-tetrachloro-
U218                     62-55-5  Ethanethioamide
U226                     71-55-6  Ethane, 1,1,1-trichloro-
U227                     79-00-5  Ethane, 1,1,2-trichloro-
U410                  59669-26-0  Ethanimidothioic acid, N,N'-
                                   [thiobis[(methylimino)carbonyloxy]]bi
                                   s-, dimethyl ester
U394                  30558-43-1  Ethanimidothioic acid, 2-
                                   (dimethylamino)-N-hydroxy-2-oxo-,
                                   methyl ester.
U359                    110-80-5  Ethanol, 2-ethoxy-
U173                   1116-54-7  Ethanol, 2,2'-(nitrosoimino)bis-
U395                   5952-26-1  Ethanol, 2,2'-oxybis-, dicarbamate.
U004                     98-86-2  Ethanone, 1-phenyl-
U043                     75-01-4  Ethene, chloro-
U042                    110-75-8  Ethene, (2-chloroethoxy)-
U078                     75-35-4  Ethene, 1,1-dichloro-
U079                    156-60-5  Ethene, 1,2-dichloro-, (E)-
U210                    127-18-4  Ethene, tetrachloro-
U228                     79-01-6  Ethene, trichloro-
U112                    141-78-6  Ethyl acetate (I)
U113                    140-88-5  Ethyl acrylate (I)
U238                     51-79-6  Ethyl carbamate (urethane)
U117                     60-29-7  Ethyl ether (I)

[[Page 82]]

 
U114                \1\ 111-54-6  Ethylenebisdithiocarbamic acid, salts
                                   & esters
U067                    106-93-4  Ethylene dibromide
U077                    107-06-2  Ethylene dichloride
U359                    110-80-5  Ethylene glycol monoethyl ether
U115                     75-21-8  Ethylene oxide (I,T)
U116                     96-45-7  Ethylenethiourea
U076                     75-34-3  Ethylidene dichloride
U118                     97-63-2  Ethyl methacrylate
U119                     62-50-0  Ethyl methanesulfonate
U120                    206-44-0  Fluoranthene
U122                     50-00-0  Formaldehyde
U123                     64-18-6  Formic acid (C,T)
U124                    110-00-9  Furan (I)
U125                     98-01-1  2-Furancarboxaldehyde (I)
U147                    108-31-6  2,5-Furandione
U213                    109-99-9  Furan, tetrahydro-(I)
U125                     98-01-1  Furfural (I)
U124                    110-00-9  Furfuran (I)
U206                  18883-66-4  Glucopyranose, 2-deoxy-2-(3-methyl-3-
                                   nitrosoureido)-, D-
U206                  18883-66-4  D-Glucose, 2-deoxy-2-
                                   [[(methylnitrosoamino)-
                                   carbonyl]amino]-
U126                    765-34-4  Glycidylaldehyde
U163                     70-25-7  Guanidine, N-methyl-N'-nitro-N-nitroso-
 
U127                    118-74-1  Hexachlorobenzene
U128                     87-68-3  Hexachlorobutadiene
U130                     77-47-4  Hexachlorocyclopentadiene
U131                     67-72-1  Hexachloroethane
U132                     70-30-4  Hexachlorophene
U243                   1888-71-7  Hexachloropropene
U133                    302-01-2  Hydrazine (R,T)
U086                   1615-80-1  Hydrazine, 1,2-diethyl-
U098                     57-14-7  Hydrazine, 1,1-dimethyl-
U099                    540-73-8  Hydrazine, 1,2-dimethyl-
U109                    122-66-7  Hydrazine, 1,2-diphenyl-
U134                   7664-39-3  Hydrofluoric acid (C,T)
U134                   7664-39-3  Hydrogen fluoride (C,T)
U135                   7783-06-4  Hydrogen sulfide
U135                   7783-06-4  Hydrogen sulfide H2 S
U096                     80-15-9  Hydroperoxide, 1-methyl-1-phenylethyl-
                                   (R)
U116                     96-45-7  2-Imidazolidinethione
U137                    193-39-5  Indeno[1,2,3-cd]pyrene
U190                     85-44-9  1,3-Isobenzofurandione
U140                     78-83-1  Isobutyl alcohol (I,T)
U141                    120-58-1  Isosafrole
U142                    143-50-0  Kepone
U143                    303-34-4  Lasiocarpine
U144                    301-04-2  Lead acetate
U146                   1335-32-6  Lead, bis(acetato-O)tetrahydroxytri-
U145                   7446-27-7  Lead phosphate
U146                   1335-32-6  Lead subacetate
U129                     58-89-9  Lindane
U163                     70-25-7  MNNG
U147                    108-31-6  Maleic anhydride
U148                    123-33-1  Maleic hydrazide
U149                    109-77-3  Malononitrile
U150                    148-82-3  Melphalan
U151                   7439-97-6  Mercury
U152                    126-98-7  Methacrylonitrile (I, T)
U092                    124-40-3  Methanamine, N-methyl- (I)
U029                     74-83-9  Methane, bromo-
U045                     74-87-3  Methane, chloro- (I, T)
U046                    107-30-2  Methane, chloromethoxy-
U068                     74-95-3  Methane, dibromo-
U080                     75-09-2  Methane, dichloro-
U075                     75-71-8  Methane, dichlorodifluoro-
U138                     74-88-4  Methane, iodo-
U119                     62-50-0  Methanesulfonic acid, ethyl ester
U211                     56-23-5  Methane, tetrachloro-
U153                     74-93-1  Methanethiol (I, T)
U225                     75-25-2  Methane, tribromo-
U044                     67-66-3  Methane, trichloro-
U121                     75-69-4  Methane, trichlorofluoro-

[[Page 83]]

 
U036                     57-74-9  4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-
                                   octachloro-2,3,3a,4,7,7a-hexahydro-
U154                     67-56-1  Methanol (I)
U155                     91-80-5  Methapyrilene
U142                    143-50-0  1,3,4-Metheno-2H-cyclobuta[cd]pentalen-
                                   2-one, 1,1a,3,3a,4,5,5,5a,5b,6-
                                   decachlorooctahydro-
U247                     72-43-5  Methoxychlor
U154                     67-56-1  Methyl alcohol (I)
U029                     74-83-9  Methyl bromide
U186                    504-60-9  1-Methylbutadiene (I)
U045                     74-87-3  Methyl chloride (I,T)
U156                     79-22-1  Methyl chlorocarbonate (I,T)
U226                     71-55-6  Methyl chloroform
U157                     56-49-5  3-Methylcholanthrene
U158                    101-14-4  4,4'-Methylenebis(2-chloroaniline)
U068                     74-95-3  Methylene bromide
U080                     75-09-2  Methylene chloride
U159                     78-93-3  Methyl ethyl ketone (MEK) (I,T)
U160                   1338-23-4  Methyl ethyl ketone peroxide (R,T)
U138                     74-88-4  Methyl iodide
U161                    108-10-1  Methyl isobutyl ketone (I)
U162                     80-62-6  Methyl methacrylate (I,T)
U161                    108-10-1  4-Methyl-2-pentanone (I)
U164                     56-04-2  Methylthiouracil
U010                     50-07-7  Mitomycin C
U059                  20830-81-3  5,12-Naphthacenedione, 8-acetyl-10-[(3-
                                   amino-2,3,6-trideoxy)-alpha-L-lyxo-
                                   hexopyranosyl)oxy]-7,8,9,10-
                                   tetrahydro-6,8,11-trihydroxy-1-
                                   methoxy-, (8S-cis)-
U167                    134-32-7  1-Naphthalenamine
U168                     91-59-8  2-Naphthalenamine
U026                    494-03-1  Naphthalenamine, N,N'-bis(2-
                                   chloroethyl)-
U165                     91-20-3  Naphthalene
U047                     91-58-7  Naphthalene, 2-chloro-
U166                    130-15-4  1,4-Naphthalenedione
U236                     72-57-1  2,7-Naphthalenedisulfonic acid, 3,3'-
                                   [(3,3'-
                                   dimethyl[1,1'-biphenyl]-4,4'-
                                   diyl)bis(azo)bis[5-amino-4-hydroxy]-,
                                   tetrasodium salt
U279                     63-25-2  1-Naphthalenol, methylcarbamate.
U166                    130-15-4  1,4-Naphthoquinone
U167                    134-32-7  alpha-Naphthylamine
U168                     91-59-8  beta-Naphthylamine
U217                  10102-45-1  Nitric acid, thallium(1+) salt
U169                     98-95-3  Nitrobenzene (I,T)
U170                    100-02-7  p-Nitrophenol
U171                     79-46-9  2-Nitropropane (I,T)
U172                    924-16-3  N-Nitrosodi-n-butylamine
U173                   1116-54-7  N-Nitrosodiethanolamine
U174                     55-18-5  N-Nitrosodiethylamine
U176                    759-73-9  N-Nitroso-N-ethylurea
U177                    684-93-5  N-Nitroso-N-methylurea
U178                    615-53-2  N-Nitroso-N-methylurethane
U179                    100-75-4  N-Nitrosopiperidine
U180                    930-55-2  N-Nitrosopyrrolidine
U181                     99-55-8  5-Nitro-o-toluidine
U193                   1120-71-4  1,2-Oxathiolane, 2,2-dioxide
U058                     50-18-0  2H-1,3,2-Oxazaphosphorin-2-amine,
                                   N,N-bis(2-chloroethyl)tetrahydro-, 2-
                                   oxide
U115                     75-21-8  Oxirane (I,T)
U126                    765-34-4  Oxiranecarboxyaldehyde
U041                    106-89-8  Oxirane, (chloromethyl)-
              2         123-63-7  Paraldehyde
U183                    608-93-5  Pentachlorobenzene
U184                     76-01-7  Pentachloroethane
U185                     82-68-8  Pentachloronitrobenzene (PCNB)
See F027                 87-86-5  Pentachlorophenol
U161                    108-10-1  Pentanol, 4-methyl-
U186                    504-60-9  1,3-Pentadiene (I)
U187                     62-44-2  Phenacetin
U188                    108-95-2  Phenol
U048                     95-57-8  Phenol, 2-chloro-
U039                     59-50-7  Phenol, 4-chloro-3-methyl-
U081                    120-83-2  Phenol, 2,4-dichloro-
U082                     87-65-0  Phenol, 2,6-dichloro-
U089                     56-53-1  Phenol, 4,4'-(1,2-diethyl-1,2-
                                   ethenediyl)bis-, (E)-
U101                    105-67-9  Phenol, 2,4-dimethyl-

[[Page 84]]

 
U052                   1319-77-3  Phenol, methyl-
U132                     70-30-4  Phenol, 2,2'-methylenebis[3,4,6-
                                   trichloro-
U411                    114-26-1  Phenol, 2-(1-methylethoxy)-,
                                   methylcarbamate.
U170                    100-02-7  Phenol, 4-nitro-
See F027                 87-86-5  Phenol, pentachloro-
See F027                 58-90-2  Phenol, 2,3,4,6-tetrachloro-
See F027                 95-95-4  Phenol, 2,4,5-trichloro-
See F027                 88-06-2  Phenol, 2,4,6-trichloro-
U150                    148-82-3  L-Phenylalanine, 4-[bis(2-
                                   chloroethyl)amino]-
U145                   7446-27-7  Phosphoric acid, lead(2+) salt (2:3)
U087                   3288-58-2  Phosphorodithioic acid, O,O-diethyl S-
                                   methyl ester
U189                   1314-80-3  Phosphorus sulfide (R)
U190                     85-44-9  Phthalic anhydride
U191                    109-06-8  2-Picoline
U179                    100-75-4  Piperidine, 1-nitroso-
U192                  23950-58-5  Pronamide
U194                    107-10-8  1-Propanamine (I,T)
U111                    621-64-7  1-Propanamine, N-nitroso-N-propyl-
U110                    142-84-7  1-Propanamine, N-propyl- (I)
U066                     96-12-8  Propane, 1,2-dibromo-3-chloro-
U083                     78-87-5  Propane, 1,2-dichloro-
U149                    109-77-3  Propanedinitrile
U171                     79-46-9  Propane, 2-nitro- (I,T)
U027                    108-60-1  Propane, 2,2'-oxybis[2-chloro-
U193                   1120-71-4  1,3-Propane sultone
See F027                 93-72-1  Propanoic acid, 2-(2,4,5-
                                   trichlorophenoxy)-
U235                    126-72-7  1-Propanol, 2,3-dibromo-, phosphate
                                   (3:1)
U140                     78-83-1  1-Propanol, 2-methyl- (I,T)
U002                     67-64-1  2-Propanone (I)
U007                     79-06-1  2-Propenamide
U084                    542-75-6  1-Propene, 1,3-dichloro-
U243                   1888-71-7  1-Propene, 1,1,2,3,3,3-hexachloro-
U009                    107-13-1  2-Propenenitrile
U152                    126-98-7  2-Propenenitrile, 2-methyl- (I,T)
U008                     79-10-7  2-Propenoic acid (I)
U113                    140-88-5  2-Propenoic acid, ethyl ester (I)
U118                     97-63-2  2-Propenoic acid, 2-methyl-, ethyl
                                   ester
U162                     80-62-6  2-Propenoic acid, 2-methyl-, methyl
                                   ester (I,T)
U373                    122-42-9  Propham.
U411                    114-26-1  Propoxur.
U387                  52888-80-9  Prosulfocarb.
U194                    107-10-8  n-Propylamine (I,T)
U083                     78-87-5  Propylene dichloride
U148                    123-33-1  3,6-Pyridazinedione, 1,2-dihydro-
U196                    110-86-1  Pyridine
U191                    109-06-8  Pyridine, 2-methyl-
U237                     66-75-1  2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-
                                   chloroethyl)amino]-
U164                     56-04-2  4(1H)-Pyrimidinone, 2,3-dihydro-6-
                                   methyl-2-thioxo-
U180                    930-55-2  Pyrrolidine, 1-nitroso-
U200                     50-55-5  Reserpine
U201                    108-46-3  Resorcinol
U202                 \1\ 81-07-2  Saccharin, & salts
U203                     94-59-7  Safrole
U204                   7783-00-8  Selenious acid
U204                   7783-00-8  Selenium dioxide
U205                   7488-56-4  Selenium sulfide
U205                   7488-56-4  Selenium sulfide SeS2 (R,T)
U015                    115-02-6  L-Serine, diazoacetate (ester)
See F027                 93-72-1  Silvex (2,4,5-TP)
U206                  18883-66-4  Streptozotocin
U103                     77-78-1  Sulfuric acid, dimethyl ester
U189                   1314-80-3  Sulfur phosphide (R)
See F027                 93-76-5  2,4,5-T
U207                     95-94-3  1,2,4,5-Tetrachlorobenzene

[[Page 85]]

 
U208                    630-20-6  1,1,1,2-Tetrachloroethane
U209                     79-34-5  1,1,2,2-Tetrachloroethane
U210                    127-18-4  Tetrachloroethylene
See F027                 58-90-2  2,3,4,6-Tetrachlorophenol
U213                    109-99-9  Tetrahydrofuran (I)
U214                    563-68-8  Thallium(I) acetate
U215                   6533-73-9  Thallium(I) carbonate
U216                   7791-12-0  Thallium(I) chloride
U216                   7791-12-0  Thallium chloride Tlcl
U217                  10102-45-1  Thallium(I) nitrate
U218                     62-55-5  Thioacetamide
U410                  59669-26-0  Thiodicarb.
U153                     74-93-1  Thiomethanol (I,T)
U244                    137-26-8  Thioperoxydicarbonic diamide [(H2
                                   N)C(S)]2 S2, tetramethyl-
U409                  23564-05-8  Thiophanate-methyl.
U219                     62-56-6  Thiourea
U244                    137-26-8  Thiram
U220                    108-88-3  Toluene
U221                  25376-45-8  Toluenediamine
U223                  26471-62-5  Toluene diisocyanate (R,T)
U328                     95-53-4  o-Toluidine
U353                    106-49-0  p-Toluidine
U222                    636-21-5  o-Toluidine hydrochloride
U389                   2303-17-5  Triallate.
U011                     61-82-5  1H-1,2,4-Triazol-3-amine
U227                     79-00-5  1,1,2-Trichloroethane
U228                     79-01-6  Trichloroethylene
U121                     75-69-4  Trichloromonofluoromethane
See F027                 95-95-4  2,4,5-Trichlorophenol
See F027                 88-06-2  2,4,6-Trichlorophenol
U404                    121-44-8  Triethylamine.
U234                     99-35-4  1,3,5-Trinitrobenzene (R,T)
U182                    123-63-7  1,3,5-Trioxane, 2,4,6-trimethyl-
U235                    126-72-7  Tris(2,3-dibromopropyl) phosphate
U236                     72-57-1  Trypan blue
U237                     66-75-1  Uracil mustard
U176                    759-73-9  Urea, N-ethyl-N-nitroso-
U177                    684-93-5  Urea, N-methyl-N-nitroso-
U043                     75-01-4  Vinyl chloride
U248                 \1\ 81-81-2  Warfarin, & salts, when present at
                                   concentrations of 0.3% or less
U239                   1330-20-7  Xylene (I)
U200                     50-55-5  Yohimban-16-carboxylic acid, 11,17-
                                   dimethoxy-18-[(3,4,5-
                                   trimethoxybenzoyl)oxy]-, methyl
                                   ester,
                                   (3beta,16beta,17alpha,18beta,20alpha)-
 
U249                   1314-84-7  Zinc phosphide Zn3 P2, when present at
                                   concentrations of 10% or less
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.


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

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



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

    (a) Wastes from wood preserving processes at plants that do not 
resume or initiate use of chlorophenolic preservatives will not meet the 
listing definition of F032 once the generator has met all of the 
requirements of paragraphs (b) and (c) of this section. These wastes 
may, however, continue to meet another hazardous waste listing 
description or may exhibit one or more of the hazardous waste 
characteristics.
    (b) Generators must either clean or replace all process equipment 
that may have come into contact with chlorophenolic formulations or 
constituents thereof, including, but not limited to, treatment 
cylinders, sumps,

[[Page 86]]

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;
    (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]

    Effective Date Note: At 70 FR 34561, June 14, 2005, Sec. 261.35 was 
amended by revising paragraphs (b)(2(iii)(A) and (B), effective July 14, 
2005. For the convenience of the user, the revised text is set forth as 
follows:

[[Page 87]]

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

                                * * * * *

    (b) * * *
    (2) * * *
    (iii) * * *
    (A) Rinses must be tested by using an appropriate method.
    (B) ``Not detected'' means at or below the following lower method 
calibration limits (MCLs): The 2,3,7,8-TCDD-based MCL--0.01 parts per 
trillion (ppt), sample weight of 1000 g, IS spiking level of 1 ppt, 
final extraction volume of 10-50 [mu]L. For other congeners--multiply 
the values by 1 for TCDF/PeCDD/PeCDF, by 2.5 for HxCDD/HxCDF/HpCDD/
HpCDF, and by 5 for OCDD/OCDF.

                                * * * * *



Sec. 261.38  Comparable/Syngas Fuel Exclusion.

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

        Table 1 to Sec. 261.38--Detection and Detection Limit Values for Comparable Fuel Specification
----------------------------------------------------------------------------------------------------------------
                                                                                                        Minimum
                                                                   Composite   Heating  Concentration   required
                   Chemical name                        CAS No.      value      value   limit  (mg/kg  detection
                                                                    (mg/kg)   (BTU/lb)  at 10,000 BTU/   limit
                                                                                             lb)        (mg/kg)
----------------------------------------------------------------------------------------------------------------
Total Nitrogen as N................................            NA       9000     18400      4900       .........
Total Halogens as Cl...............................            NA       1000     18400       540       .........
Total Organic Halogens as Cl.......................            NA  .........  ........     (\1\)       .........
Polychlorinated biphenyls, total [Arocolors, total]     1336-36-3         ND  ........        ND             1.4
Cyanide, total.....................................       57-12-5         ND  ........        ND             1.0
Metals:
    Antimony, total................................     7440-36-0         ND  ........        12       .........
    Arsenic, total.................................     7440-38-2         ND  ........         0.23    .........
    Barium, total..................................     7440-39-3         ND  ........        23       .........
    Beryllium, total...............................     7440-41-7         ND  ........         1.2     .........
    Cadmium, total.................................     7440-43-9  .........        ND  .............        1.2
    Chromium, total................................     7440-47-3         ND  ........         2.3     .........
    Cobalt.........................................     7440-48-4         ND  ........         4.6     .........
    Lead, total....................................     7439-92-1         57     18100        31       .........
    Manganese......................................     7439-96-5         ND  ........         1.2     .........
    Mercury, total.................................     7439-97-6         ND  ........         0.25    .........
    Nickel, total..................................     7440-02-0        106     18400        58       .........
    Selenium, total................................     7782-49-2         ND  ........         0.23    .........
    Silver, total..................................     7440-22-4         ND  ........         2.3     .........
    Thallium, total................................     7440-28-0         ND  ........        23       .........
Hydrocarbons:
    Benzo[a]anthracene.............................       56-55-3         ND  ........      2400       .........
    Benzene........................................       71-43-2       8000     19600      4100       .........
    Benzo[b]fluoranthene...........................      205-99-2         ND  ........      2400       .........
    Benzo[k]fluoranthene...........................      207-08-9         ND  ........      2400       .........
    Benzo[a]pyrene.................................       50-32-8         ND  ........      2400       .........
    Chrysene.......................................      218-01-9         ND  ........      2400       .........
    Dibenzo[a,h]anthracene.........................       53-70-3         ND  ........      2400       .........
    7,12-Dimethylbenz[a]anthracene.................       57-97-6         ND  ........      2400       .........
    Fluoranthene...................................      206-44-0         ND  ........      2400       .........

[[Page 88]]

 
    Indeno(1,2,3-cd)pyrene.........................      193-39-5         ND  ........      2400       .........
    3-Methylcholanthrene...........................       56-49-5         ND  ........      2400       .........
    Naphthalene....................................       91-20-3       6200     19400      3200       .........
    Toluene........................................      108-88-3      69000     19400     36000       .........
Oxygenates:
    Acetophenone...................................       98-86-2         ND  ........      2400       .........
    Acrolein.......................................      107-02-8         ND  ........        39       .........
    Allyl alcohol..................................      107-18-6         ND  ........        30       .........
    Bis(2-ethylhexyl)phthalate [Di-2-ethylhexyl          117-81-7         ND  ........      2400       .........
     phthalate]....................................
    Butyl benzyl phthalate.........................       85-68-7         ND  ........      2400       .........
    o-Cresol [2-Methyl phenol].....................       95-48-7         ND  ........      2400       .........
    m-Cresol [3-Methyl phenol].....................      108-39-4         ND  ........      2400       .........
    p-Cresol [4-Methyl phenol].....................      106-44-5         ND  ........      2400       .........
    Di-n-butyl phthalate...........................       84-74-2         ND  ........      2400       .........
    Diethyl phthalate..............................       84-66-2         ND  ........      2400       .........
    2,4-Dimethylphenol.............................      105-67-9         ND  ........      2400       .........
    Dimethyl phthalate.............................      131-11-3         ND  ........      2400       .........
    Di-n-octyl phthalate...........................      117-84-0         ND  ........      2400       .........
    Endothall......................................      145-73-3         ND  ........       100       .........
    Ethyl methacrylate.............................       97-63-2         ND  ........        39       .........
    2-Ethoxyethanol [Ethylene glycol monoethyl           110-80-5         ND  ........       100       .........
     ether]........................................
    Isobutyl alcohol...............................       78-83-1         ND  ........        39       .........
    Isosafrole.....................................      120-58-1         ND  ........      2400       .........
    Methyl ethyl ketone [2-Butanone]...............       78-93-3         ND  ........        39       .........
    Methyl methacrylate............................       80-62-6         ND  ........        39       .........
    1,4-Naphthoquinone.............................      130-15-4         ND  ........      2400       .........
    Phenol.........................................      108-95-2         ND  ........      2400       .........
    Propargyl alcohol [2-Propyn-1-ol]..............      107-19-7         ND  ........        30       .........
    Safrole........................................       94-59-7         ND  ........      2400       .........
Sulfonated Organics:
    Carbon disulfide...............................       75-15-0         ND  ........        ND            39
    Disulfoton.....................................      298-04-4         ND  ........        ND          2400
    Ethyl methanesulfonate.........................       62-50-0         ND  ........        ND          2400
    Methyl methanesulfonate........................       66-27-3         ND  ........        ND          2400
    Phorate........................................      298-02-2         ND  ........        ND          2400
    1,3-Propane sultone............................     1120-71-4         ND  ........        ND           100
    Tetraethyldithiopyrophosphate [Sulfotepp]......     3689-24-5         ND  ........        ND          2400
    Thiophenol [Benzenethiol]......................      108-98-5         ND  ........        ND            30
    O,O,O-Triethyl phosphorothioate................      126-68-1         ND  ........        ND          2400
Nitrogenated Organics:
    Acetonitrile [Methyl cyanide]..................       75-05-8         ND  ........        ND            39
    2-Acetylaminofluorene [2-AAF]..................       53-96-3         ND  ........        ND          2400
    Acrylonitrile..................................      107-13-1         ND  ........        ND            39
    4-Aminobiphenyl................................       92-67-1         ND  ........        ND          2400
    4-Aminopyridine................................      504-24-5         ND  ........        ND           100
    Aniline........................................       62-53-3         ND  ........        ND          2400
    Benzidine......................................       92-87-5         ND  ........        ND          2400
    Dibenz[a,j]acridine............................      224-42-0         ND  ........        ND          2400
    O,O-Diethyl O-pyrazinyl phosphorothioate             297-97-2         ND  ........        ND          2400
     [Thionazin]...................................
    Dimethoate.....................................       60-51-5         ND  ........        ND          2400
    p-(Dimethylamino) azobenzene [4-Dime                  60-11-7         ND  ........        ND          2400
     thylaminoazobenzene]..........................
    3,3'-Dimethylbenzidine.........................      119-93-7         ND  ........        ND          2400
    [alpha],[alpha]-Dimethylphenethylamine.........      122-09-8         ND  ........        ND          2400
    3,3'-Dimethoxybenzidine........................      119-90-4         ND  ........        ND           100
    1,3-Dinitrobenzene [m-Dinitrobenzene]..........       99-65-0         ND  ........        ND          2400
    4,6-Dinitro-o-cresol...........................      534-52-1         ND  ........        ND          2400
    2,4-Dinitrophenol..............................       51-28-5         ND  ........        ND          2400
    2,4-Dinitrotoluene.............................      121-14-2         ND  ........        ND          2400
    2,6-Dinitrotoluene.............................      606-20-2         ND  ........        ND          2400
    Dinoseb [2-sec-Butyl-4,6-dinitrophenol]........       88-85-7         ND  ........        ND          2400
    Diphenylamine..................................      122-39-4         ND  ........        ND          2400
    Ethyl carbamate [Urethane].....................       51-79-6         ND  ........        ND           100
    Ethylenethiourea (2-Imidazolidinethione).......       96-45-7         ND  ........        ND           110
    Famphur........................................       52-85-7         ND  ........        ND          2400
    Methacrylonitrile..............................      126-98-7         ND  ........        ND            39
    Methapyrilene..................................       91-80-5         ND  ........        ND          2400

[[Page 89]]

 
    Methomyl.......................................    16752-77-5         ND  ........        ND            57
    2-Methyllactonitrile, [Acetone cyanohydrin]....       75-86-5         ND  ........        ND           100
    Methyl parathion...............................      298-00-0         ND  ........        ND          2400
    MNNG (N-Metyl-N-nitroso-N'-nitroguanidine).....       70-25-7         ND  ........        ND           110
    1-Naphthylamine, [[alpha]-Naphthylamine].......      134-32-7         ND  ........        ND          2400
    2-Naphthylamine, [[beta]-Naphthylamine]........       91-59-8         ND  ........        ND          2400
    Nicotine.......................................       54-11-5         ND  ........        ND           100
    4-Nitroaniline, [p-Nitroaniline]...............      100-01-6         ND  ........        ND          2400
    Nitrobenzene...................................       98-95-3         ND  ........        ND          2400
    p-Nitrophenol, [p-Nitrophenol].................      100-02-7         ND  ........        ND          2400
    5-Nitro-o-toluidine............................       99-55-8         ND  ........        ND          2400
    N-Nitrosodi-n-butylamine.......................      924-16-3         ND  ........        ND          2400
    N-Nitrosodiethylamine..........................       55-18-5         ND  ........        ND          2400
    N-Nitrosodiphenylamine, [Diphenylnitrosamine]..       86-30-6         ND  ........        ND          2400
    N-Nitroso-N-methylethylamine...................    10595-95-6         ND  ........        ND          2400
    N-Nitrosomorpholine............................       59-89-2         ND  ........        ND          2400
    N-Nitrosopiperidine............................      100-75-4         ND  ........        ND          2400
    N-Nitrosopyrrolidine...........................      930-55-2         ND  ........        ND          2400
    2-Nitropropane.................................       79-46-9         ND  ........        ND            30
    Parathion......................................       56-38-2         ND  ........        ND          2400
    Phenacetin.....................................       62-44-2         ND  ........        ND          2400
    1,4-Phenylene diamine, [p-Phenylenediamine]....      106-50-3         ND  ........        ND          2400
    N-Phenylthiourea...............................      103-85-5         ND  ........        ND            57
    2-Picoline [alpha-Picoline]....................      109-06-8         ND  ........        ND          2400
    Propylthioracil, [6-Propyl-2-thiouracil].......       51-52-5         ND  ........        ND           100
    Pyridine.......................................      110-86-1         ND  ........        ND          2400
    Strychnine.....................................       57-24-9         ND  ........        ND           100
    Thioacetamide..................................       62-55-5         ND  ........        ND            57
    Thiofanox......................................    39196-18-4         ND  ........        ND           100
    Thiourea.......................................       62-56-6         ND  ........        ND            57
    Toluene-2,4-diamine [2,4-Diaminotoluene].......       95-80-7         ND  ........        ND            57
    Toluene-2,6-diamine [2,6-Diaminotoluene].......      823-40-5         ND  ........        ND            57
    o-Toluidine....................................       95-53-4         ND  ........        ND          2400
    p-Toluidine....................................      106-49-0         ND  ........        ND           100
    1,3,5-Trinitrobenzene, [sym-Trinitobenzene]....       99-35-4         ND  ........        ND          2400
Halogenated Organic:
    Allyl chloride.................................      107-05-1         ND  ........        ND            39
    Aramite........................................      140-57-8         ND  ........        ND          2400
    Benzal chloride [Dichloromethyl benzene].......       98-87-3         ND  ........        ND           100
    Benzyl chloride................................     100-44-77         ND  ........        ND           100
    bis(2-Chloroethyl)ether [Dichoroethyl ether]...      111-44-4         ND  ........        ND          2400
    Bromoform [Tribromomethane]....................       75-25-2         ND  ........        ND            39
    Bromomethane [Methyl bromide]..................       74-83-9         ND  ........        ND            39
    4-Bromophenyl phenyl ether [p-Bromo diphenyl         101-55-3         ND  ........        ND          2400
     ether]........................................
    Carbon tetrachloride...........................       56-23-5         ND  ........        ND            39
    Chlordane......................................       57-74-9         ND  ........        ND            14
    p-Chloroaniline................................      106-47-8         ND  ........        ND          2400
    Chlorobenzene..................................      108-90-7         ND  ........        ND            39
    Chlorobenzilate................................      510-15-6         ND  ........        ND          2400
    p-Chloro-m-cresol..............................       59-50-7         ND  ........        ND          2400
    2-Chloroethyl vinyl ether......................      110-75-8         ND  ........        ND            39
    Chloroform.....................................       67-66-3         ND  ........        ND            39
    Chloromethane [Methyl chloride]................       74-87-3         ND  ........        ND            39
    2-Chloronaphthalene [beta-Chloronaphthalene]...       91-58-7         ND  ........        ND          2400
    2-Chlorophenol [o-Chlorophenol]................       95-57-8         ND  ........        ND          2400
    Chloroprene [2-Chloro-1,3-butadiene]...........     1126-99-8         ND  ........        ND            39
    2,4-D [2,4-Dichlorophenoxyacetic acid].........       94-75-7         ND  ........        ND             7.0
    Diallate.......................................     2303-16-4         ND  ........        ND          2400
    1,2-Dibromo-3-chloropropane....................       96-12-8         ND  ........        ND            39
    1,2-Dichlorobenzene [o-Dichlorobenzene]........       95-50-1         ND  ........        ND          2400
    1,3-Dichlorobenzene [m-Dichlorobenzene]........      541-73-1         ND  ........        ND          2400
    1,4-Dichlorobenzene [p-Dichlorobenzene]........      106-46-7         ND  ........        ND          2400
    3,3'-Dichlorobenzidine.........................       91-94-1         ND  ........        ND          2400
    Dichlorodifluoromethane [CFC-12]...............       75-71-8         ND  ........        ND            39
    1,2-Dichloroethane [Ethylene dichloride].......      107-06-2         ND  ........        ND            39
    1,1-Dichloroethylene [Vinylidene chloride].....       75-35-4         ND  ........        ND            39
    Dichloromethoxy ethane [Bis(2-                       111-91-1         ND  ........        ND          2400
     chloroethoxy)methane..........................

[[Page 90]]

 
    2,4-Dichlorophenol.............................      120-83-2         ND  ........        ND          2400
    2,6-Dichlorophenol.............................       87-65-0         ND  ........        ND          2400
    1,2-Dichloropropane [Propylene dichloride].....       78-87-5         ND  ........        ND            39
    cis-1,3-Dichloropropylene......................    10061-01-5         ND  ........        ND            39
    trans-1,3-Dichloropropylene....................    10061-02-6         ND  ........        ND            39
    1,3-Dichloro-2-propanol........................       96-23-1         ND  ........        ND            30
    Endosulfan I...................................      959-98-8         ND  ........        ND             1.4
    Endosulfan II..................................    33213-65-9         ND  ........        ND             1.4
    Endrin.........................................       72-20-8         ND  ........        ND             1.4
    Endrin aldehyde................................     7421-93-4         ND  ........        ND             1.4
    Endrin Ketone..................................    53494-70-5         ND  ........        ND             1.4
    Epichlorohydrin [1-Chloro-2,3-epoxy propane]...      106-89-8         ND  ........        ND            30
    Ethylidene dichloride [1,1-Dichloroethane].....       75-34-3         ND  ........        ND            39
    2-Fluoroacetamide..............................      640-19-7         ND  ........        ND           100
    Heptachlor.....................................       76-44-8         ND  ........        ND             1.4
    Heptachlor epoxide.............................     1024-57-3         ND  ........        ND             2.8
    Hexachlorobenzene..............................      118-74-1         ND  ........        ND          2400
    Hexachloro-1,3-butadiene [Hexachlorobutadiene].       87-68-3         ND  ........        ND          2400
    Hexachlorocyclopentadiene......................       77-47-4         ND  ........        ND          2400
    Hexachloroethane...............................       67-72-1         ND  ........        ND          2400
    Hexachlorophene................................       70-30-4         ND  ........        ND         59000
    Hexachloropropene [Hexachloropropylene]........     1888-71-7         ND  ........        ND          2400
    Isodrin........................................      465-73-6         ND  ........        ND          2400
    Kepone [Chlordecone]...........................      143-50-0         ND  ........        ND          4700
    Lindane [gamma-BHC] [gamma-                           58-89-9         ND  ........        ND             1.4
     Hexachlorocyclohexane]........................
    Methylene chloride [Dichloromethane]...........       75-09-2         ND  ........        ND            39
    4,4'-Methylene-bis(2-chloroaniline)............      101-14-4         ND  ........        ND           100
    Methyl iodide [Iodomethane]....................       74-88-4         ND  ........        ND            39
    Pentachlorobenzene.............................      608-93-5         ND  ........        ND          2400
    Pentachloroethane..............................       76-01-7         ND  ........        ND            39
    Pentachloronitrobenzene [PCNB] [Quintobenzene]        82-68-8         ND  ........        ND          2400
     [Quintozene]..................................
    Pentachlorophenol..............................       87-86-5         ND  ........        ND          2400
    Pronamide......................................    23950-58-5         ND  ........        ND          2400
    Silvex [2,4,5-Trichlorophenoxypropionic acid]..       93-72-1         ND  ........        ND             7.0
    2,3,7,8-Tetrachlorodibenzo-p-dioxin [2,3,7,8-       1746-01-6         ND  ........        ND            30
     TCDD].........................................
    1,2,4,5-Tetrachlorobenzene.....................       95-94-3         ND  ........        ND          2400
    1,1,2,2-Tetrachloroethane......................       79-34-5         ND  ........        ND            39
    Tetrachloroethylene [Perchloroethylene]........      127-18-4         ND  ........        ND            39
    2,3,4,6-Tetrachlorophenol......................       58-90-2         ND  ........        ND          2400
    1,2,4-Trichlorobenzene.........................      120-82-1         ND  ........        ND          2400
    1,1,1-Trichloroethane [Methyl chloroform]......       71-55-6         ND  ........        ND            39
    1,1,2-Trichloroethane [Vinyl trichloride]......       79-00-5         ND  ........        ND            39
    Trichloroethylene..............................       79-01-6         ND  ........        ND            39
    Trichlorofluoromethane                                75-69-4         ND  ........        ND            39
     [Trichlormonofluoromethane]...................
    2,4,5-Trichlorophenol..........................       95-95-4         ND  ........        ND          2400
    2,4,6-Trichlorophenol..........................       88-06-2         ND  ........        ND          2400
    1,2,3-Trichloropropane.........................       96-18-4         ND  ........        ND            39
    Vinyl Chloride.................................       75-01-4         ND  ........        ND            39
----------------------------------------------------------------------------------------------------------------
Notes:
NA--Not Applicable.
ND--Nondetect.
\1\ 25 or individual halogenated organics listed below.

    (c) Implementation. Waste that meets the comparable or syngas fuel 
specifications provided by paragraphs (a) or (b) of this section (these 
constituent levels must be achieved by the comparable fuel when 
generated, or as a result of treatment or blending, as provided in 
paragraphs (c)(3) or (4) of this section) is excluded from the 
definition of solid waste provided that the following requirements are 
met:
    (1) Notices. For purposes of this section, the person claiming and 
qualifying for the exclusion is called the comparable/syngas fuel 
generator and the person burning the comparable/

[[Page 91]]

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

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

    (ii) Public notice. Prior to burning an excluded comparable/syngas 
fuel, the burner must publish in a major newspaper of general 
circulation local to the site where the fuel will be burned, a notice 
entitled ``Notification of Burning a Comparable/Syngas Fuel Excluded 
Under the Resource Conservation and Recovery Act'' containing the 
following information:
    (A) Name, address, and RCRA ID number of the generating facility;
    (B) Name and address of the unit(s) that will burn the comparable/
syngas fuel;
    (C) A brief, general description of the manufacturing, treatment, or 
other process generating the comparable/syngas fuel;
    (D) An estimate of the average and maximum monthly and annual 
quantity of the waste claimed to be excluded; and
    (E) Name and mailing address of the Regional or State Directors to 
whom the claim was submitted.
    (2) Burning. The comparable/syngas fuel exclusion for fuels meeting 
the requirements of paragraphs (a) or (b) and (c)(1) of this section 
applies only if the fuel is burned in the following units that also 
shall be subject to Federal/State/local air emission requirements, 
including all applicable CAA MACT requirements:
    (i) Industrial furnaces as defined in Sec. 260.10 of this chapter;
    (ii) Boilers, as defined in Sec. 260.10 of this chapter, that are 
further defined as follows:
    (A) Industrial boilers located on the site of a facility engaged in 
a manufacturing process where substances are transformed into new 
products, including the component parts of products, by mechanical or 
chemical processes; or
    (B) Utility boilers used to produce electric power, steam, heated or 
cooled air, or other gases or fluids for sale;
    (iii) Hazardous waste incinerators subject to regulation under 
subpart O of parts 264 or 265 of this chapter or applicable CAA MACT 
standards.
    (iv) Gas turbines used to produce electric power, steam, heated or 
cooled air, or other gases or fluids for sale.
    (3) Blending to meet the viscosity specification. A hazardous waste 
blended to meet the viscosity specification shall:

[[Page 92]]

    (i) As generated and prior to any blending, manipulation, or 
processing meet the constituent and heating value specifications of 
paragraphs (a)(1)(i) and (a)(2) of this section;
    (ii) Be blended at a facility that is subject to the applicable 
requirements of parts 264 and 265, or Sec. 262.34 of this chapter; and
    (iii) Not violate the dilution prohibition of paragraph (c)(6) of 
this chapter.
    (4) Treatment to meet the comparable fuel exclusion specifications. 
(i) A hazardous waste may be treated to meet the exclusion 
specifications of paragraphs (a)(1) and (2) of this section provided the 
treatment:
    (A) Destroys or removes the constituent listed in the specification 
or raises the heating value by removing or destroying hazardous 
constituents or materials;
    (B) Is performed at a facility that is subject to the applicable 
requirements of parts 264 and 265, or Sec. 262.34 of this Chapter; and
    (C) Does not violate the dilution prohibition of paragraph (c)(6) of 
this seciton.
    (ii) Residuals resulting from the treatment of a hazardous waste 
listed in subpart D of this part to generate a comparable fuel remain a 
hazardous waste.
    (5) Generation of a syngas fuel. (i) A syngas fuel can be generated 
from the processing of hazardous wastes to meet the exclusion 
specifications of paragraph (b) of this section provided the processing:
    (A) Destroys or removes the constituent listed in the specification 
or raises the heating value by removing or destroying constituents or 
materials;
    (B) Is performed at a facility that is subject to the applicable 
requirements of parts 264 and 265, or Sec. 262.34 of this chapter or is 
an exempt recycling unit pursuant to Sec. 261.6(c) of this chapter; and
    (C) Does not violate the dilution prohibition of paragraph (c)(6) of 
this chapter.
    (ii) Residuals resulting from the treatment of a hazardous waste 
listed in subpart D of this part to generate a syngas fuel remain a 
hazardous waste.
    (6) Dilution prohibition for comparable and syngas fuels. No 
generator, transporter, handler, or owner or operator of a treatment, 
storage, or disposal facility shall in any way dilute a hazardous waste 
to meet the exclusion specifications of paragraph (a)(1)(i), (a)(2) or 
(b) of this section.
    (7) Waste analysis plans. The generator of a comparable/syngas fuel 
shall develop and follow a written waste analysis plan which describes 
the procedures for sampling and analysis of the hazardous waste to be 
excluded. The waste analysis plan shall be developed in accordance with 
the applicable sections of the ``Test Methods for Evaluating Solid 
Waste, Physical/Chemical Methods'' (SW-846). The plan shall be followed 
and retained at the facility excluding the waste.
    (i) At a minimum, the plan must specify:
    (A) The parameters for which each hazardous waste will be analyzed 
and the rationale for the selection of those parameters;
    (B) The test methods which will be used to test for these 
parameters;
    (C) The sampling method which will be used to obtain a 
representative sample of the waste to be analyzed;
    (D) The frequency with which the initial analysis of the waste will 
be reviewed or repeated to ensure that the analysis is accurate and up 
to date; and
    (E) If process knowledge is used in the waste determination, any 
information prepared by the generator in making such determination.
    (ii) The waste analysis plan shall also contain records of the 
following:
    (A) The dates and times waste samples were obtained, and the dates 
the samples were analyzed;
    (B) The names and qualifications of the person(s) who obtained the 
samples;
    (C) A description of the temporal and spatial locations of the 
samples;
    (D) The name and address of the laboratory facility at which 
analyses of the samples were performed;
    (E) A description of the analytical methods used, including any 
clean-up and sample preparation methods;
    (F) All quantitation limits achieved and all other quality control 
results for the analysis (including method blanks,

[[Page 93]]

duplicate analyses, matrix spikes, etc.), laboratory quality assurance 
data, and description of any deviations from analytical methods written 
in the plan or from any other activity written in the plan which 
occurred;
    (G) All laboratory results demonstrating that the exclusion 
specifications have been met for the waste; and
    (H) All laboratory documentation that support the analytical 
results, unless a contract between the claimant and the laboratory 
provides for the documentation to be maintained by the laboratory for 
the period specified in paragraph (c)(11) of this section and also 
provides for the availability of the documentation to the claimant upon 
request.
    (iii) Syngas fuel generators shall submit for approval, prior to 
performing sampling, analysis, or any management of a syngas fuel as an 
excluded waste, a waste analysis plan containing the elements of 
paragraph (c)(7)(i) of this section to the appropriate regulatory 
authority. The approval of waste analysis plans must be stated in 
writing and received by the facility prior to sampling and analysis to 
demonstrate the exclusion of a syngas. The approval of the waste 
analysis plan may contain such provisions and conditions as the 
regulatory authority deems appropriate.
    (8) Comparable fuel sampling and analysis. (i) General. For each 
waste for which an exclusion is claimed, the generator of the hazardous 
waste must test for all the constituents on appendix VIII to this part, 
except those that the generator determines, based on testing or 
knowledge, should not be present in the waste. The generator is required 
to document the basis of each determination that a constituent should 
not be present. The generator may not determine that any of the 
following categories of constituents should not be present:
    (A) A constituent that triggered the toxicity characteristic for the 
waste constituents that were the basis of the listing of the waste 
stream, or constituents for which there is a treatment standard for the 
waste code in 40 CFR 268.40;
    (B) A constituent detected in previous analysis of the waste;
    (C) Constituents introduced into the process that generates the 
waste; or
    (D) Constituents that are byproducts or side reactions to the 
process that generates the waste.

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

    (ii) For each waste for which the exclusion is claimed where the 
generator of the comparable/syngas fuel is not the original generator of 
the hazardous waste, the generator of the comparable/syngas fuel may not 
use process knowledge pursuant to paragraph (c)(8)(i) of this section 
and must test to determine that all of the constituent specifications of 
paragraphs (a)(2) and (b) of this section have been met.
    (iii) The comparable/syngas fuel generator may use any reliable 
analytical method to demonstrate that no constituent of concern is 
present at concentrations above the specification levels. It is the 
responsibility of the generator to ensure that the sampling and analysis 
are unbiased, precise, and representative of the waste. For the waste to 
be eligible for exclusion, a generator must demonstrate that:
    (A) Each constituent of concern is not present in the waste above 
the specification level at the 95% upper confidence limit around the 
mean; and
    (B) The analysis could have detected the presence of the constituent 
at or below the specification level at the 95% upper confidence limit 
around the mean.
    (iv) Nothing in this paragraph preempts, overrides or otherwise 
negates the provision in Sec. 262.11 of this chapter, which requires 
any person who generates a solid waste to determine if that waste is a 
hazardous waste.
    (v) In an enforcement action, the burden of proof to establish 
conformance with the exclusion specification shall be on the generator 
claiming the exclusion.
    (vi) The generator must conduct sampling and analysis in accordance 
with their waste analysis plan developed under paragraph (c)(7) of this 
section.

[[Page 94]]

    (vii) Syngas fuel and comparable fuel that has not been blended in 
order to meet the kinematic viscosity specifications shall be analyzed 
as generated.
    (viii) If a comparable fuel is blended in order to meet the 
kinematic viscosity specifications, the generator shall:
    (A) Analyze the fuel as generated to ensure that it meets the 
constituent and heating value specifications; and
    (B) After blending, analyze the fuel again to ensure that the 
blended fuel continues to meet all comparable/syngas fuel 
specifications.
    (ix) Excluded comparable/syngas fuel must be re-tested, at a 
minimum, annually and must be retested after a process change that could 
change the chemical or physical properties of the waste.
    (9) Speculative accumulation. Any persons handling a comparable/
syngas fuel are subject to the speculative accumulation test under Sec. 
261.2(c)(4) of this chapter.
    (10) Records. The generator must maintain records of the following 
information on-site:
    (i) All information required to be submitted to the implementing 
authority as part of the notification of the claim:
    (A) The owner/operator name, address, and RCRA facility ID number of 
the person claiming the exclusion;
    (B) The applicable EPA Hazardous Waste Codes for each hazardous 
waste excluded as a fuel; and
    (C) The certification signed by the person claiming the exclusion or 
his authorized representative.
    (ii) A brief description of the process that generated the hazardous 
waste and process that generated the excluded fuel, if not the same;
    (iii) An estimate of the average and maximum monthly and annual 
quantities of each waste claimed to be excluded;
    (iv) Documentation for any claim that a constituent is not present 
in the hazardous waste as required under paragraph (c)(8)(i) of this 
section;
    (v) The results of all analyses and all detection limits achieved as 
required under paragraph (c)(8) of this section;
    (vi) If the excluded waste was generated through treatment or 
blending, documentation as required under paragraph (c)(3) or (4) of 
this section;
    (vii) If the waste is to be shipped off-site, a certification from 
the burner as required under paragraph (c)(12) of this section;
    (viii) A waste analysis plan and the results of the sampling and 
analysis that includes the following:
    (A) The dates and times waste samples were obtained, and the dates 
the samples were analyzed;
    (B) The names and qualifications of the person(s) who obtained the 
samples;
    (C) A description of the temporal and spatial locations of the 
samples;
    (D) The name and address of the laboratory facility at which 
analyses of the samples were performed;
    (E) A description of the analytical methods used, including any 
clean-up and sample preparation methods;
    (F) All quantitation limits achieved and all other quality control 
results for the analysis (including method blanks, duplicate analyses, 
matrix spikes, etc.), laboratory quality assurance data, and description 
of any deviations from analytical methods written in the plan or from 
any other activity written in the plan which occurred;
    (G) All laboratory analytical results demonstrating that the 
exclusion specifications have been met for the waste; and
    (H) All laboratory documentation that support the analytical 
results, unless a contract between the claimant and the laboratory 
provides for the documentation to be maintained by the laboratory for 
the period specified in paragraph (c)(11) of this section and also 
provides for the availability of the documentation to the claimant upon 
request; and
    (ix) If the generator ships comparable/syngas fuel off-site for 
burning, the generator must retain for each shipment the following 
information on-site:
    (A) The name and address of the facility receiving the comparable/
syngas fuel for burning;
    (B) The quantity of comparable/syngas fuel shipped and delivered;
    (C) The date of shipment or delivery;
    (D) A cross-reference to the record of comparable/syngas fuel 
analysis or

[[Page 95]]

other information used to make the determination that the comparable/
syngas fuel meets the specifications as required under paragraph (c)(8) 
of this section; and
    (E) A one-time certification by the burner as required under 
paragraph (c)(12) of this section.
    (11) Records retention. Records must be maintained for the period of 
three years. A generator must maintain a current waste analysis plan 
during that three year period.
    (12) Burner certification. Prior to submitting a notification to the 
State and Regional Directors, a comparable/syngas fuel generator who 
intends to ship their fuel off-site for burning must obtain a one-time 
written, signed statement from the burner:
    (i) Certifying that the comparable/syngas fuel will only be burned 
in an industrial furnace or boiler, utility boiler, or hazardous waste 
incinerator, as required under paragraph (c)(2) of this section;
    (ii) Identifying the name and address of the units that will burn 
the comparable/syngas fuel; and
    (iii) Certifying that the state in which the burner is located is 
authorized to exclude wastes as comparable/syngas fuel under the 
provisions of this section.
    (13) Ineligible waste codes. Wastes that are listed because of 
presence of dioxins or furans, as set out in Appendix VII of this part, 
are not eligible for this exclusion, and any fuel produced from or 
otherwise containing these wastes remains a hazardous waste subject to 
full RCRA hazardous waste management requirements.

[63 FR 33823, June 19, 1998, as amended at 64 FR 53070, Sept. 30, 1999; 
64 FR 63213, Nov. 19, 1999; 65 FR 42302, July 10, 2000]

    Effective Date Note: At 70 FR 34562, June 14, 2005, Sec. 261.38 was 
amended by revising paragraph (c)(7) introductory text, effective July 
14, 2005. For the convenience of the user, the revised text is set forth 
as follows:

Sec. 261.38  Comparable/Syngas Fuel Exclusion.

                                * * * * *

    (c) * * *
    (7) Waste analysis plans. The generator of a comparable/syngas fuel 
shall develop and follow a written waste analysis plan which describes 
the procedures for sampling and analysis of the hazardous waste to be 
excluded. The plan shall be followed and retained at the facility 
excluding the waste.

                                * * * * *

         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.

    Effective Date Note: At 70 FR 34562, June 14, 2005, Appendix I to 
part 261 was amended by revising paragraphs four and five, effective 
July 14, 2005. For the convenience of the user, the revised text is set 
forth as follows:

         Appendix I to Part 261--Representative Sampling Methods

                                * * * * *

    Containerized liquid waste--``COLIWASA.''
    Liquid waste in pits, ponds, lagoons, and similar reservoirs.--
``Pond Sampler.''

                                * * * * *

[[Page 96]]

 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]

    Effective Date Note: At 70 FR 34562, June 14, 2005, Appendix II was 
removed, effective July 14, 2005.

        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]

    Effective Date Note: At 70 FR 34562, June 14, 2005, Appendix III was 
removed, effective July 14, 2005.

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

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

         Appendix VI to Part 261 [Reserved for Etiologic Agents]

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

------------------------------------------------------------------------
                                     Hazardous constituents for which
     EPA hazardous waste No.                      listed
------------------------------------------------------------------------
F001............................  Tetrachloroethylene, methylene
                                   chloride trichloroethylene, 1,1,1-
                                   trichloroethane, carbon
                                   tetrachloride, chlorinated
                                   fluorocarbons.
F002............................  Tetrachloroethylene, methylene
                                   chloride, trichloroethylene, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane, chlorobenzene, 1,1,2-
                                   trichloro-1,2,2-trichfluoroethane,
                                   ortho-dichlorobenzene,
                                   trichlorofluoromethane.
F003............................  N.A.
F004............................  Cresols and cresylic acid,
                                   nitrobenzene.
F005............................  Toluene, methyl ethyl ketone, carbon
                                   disulfide, isobutanol, pyridine, 2-
                                   ethoxyethanol, benzene, 2-
                                   nitropropane.
F006............................  Cadmium, hexavalent chromium, nickel,
                                   cyanide (complexed).
F007............................  Cyanide (salts).
F008............................  Cyanide (salts).
F009............................  Cyanide (salts).
F010............................  Cyanide (salts).
F011............................  Cyanide (salts).
F012............................  Cyanide (complexed).
F019............................  Hexavalent chromium, cyanide
                                   (complexed).
F020............................  Tetra- and pentachlorodibenzo-p-
                                   dioxins; tetra and pentachlorodi-
                                   benzofurans; tri- and
                                   tetrachlorophenols and their
                                   chlorophenoxy derivative acids,
                                   esters, ethers, amine and other
                                   salts.
F021............................  Penta- and hexachlorodibenzo-p-
                                   dioxins; penta- and
                                   hexachlorodibenzofurans;
                                   pentachlorophenol and its
                                   derivatives.
F022............................  Tetra-, penta-, and hexachlorodibenzo-
                                   p-dioxins; tetra-, penta-, and
                                   hexachlorodibenzofurans.
F023............................  Tetra-, and pentachlorodibenzo-p-
                                   dioxins; tetra- and
                                   pentachlorodibenzofurans; tri- and
                                   tetra chlorophenols and their
                                   chlorophenoxy derivative acids,
                                   esters, ethers, amine and other
                                   salts.
F024............................  Chloromethane, dichloromethane,
                                   trichloromethane, carbon
                                   tetrachloride, chloroethylene, 1,1-
                                   dichloroethane, 1,2-dichloroethane,
                                   trans-1-2-dichloroethylene, 1,1-
                                   dichloroethylene, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane, trichloroethylene,
                                   1,1,1,2-tetra-chloroethane, 1,1,2,2-
                                   tetrachloroethane,
                                   tetrachloroethylene,
                                   pentachloroethane, hexachloroethane,
                                   allyl chloride (3-chloropropene),
                                   dichloropropane, dichloropropene, 2-
                                   chloro-1,3-butadiene, hexachloro-1,3-
                                   butadiene, hexachlorocyclopentadiene,
                                   hexachlorocyclohexane, benzene,
                                   chlorbenzene, dichlorobenzenes, 1,2,4-
                                   trichlorobenzene, tetrachlorobenzene,
                                   pentachlorobenzene,
                                   hexachlorobenzene, toluene,
                                   naphthalene.
F025............................  Chloromethane; Dichloromethane;
                                   Trichloromethane; Carbon
                                   tetrachloride; Chloroethylene; 1,1-
                                   Dichloroethane; 1,2-Dichloroethane;
                                   trans-1,2-Dichloroethylene; 1,1-
                                   Dichloroethylene; 1,1,1-
                                   Trichloroethane; 1,1,2-
                                   Trichloroethane; Trichloroethylene;
                                   1,1,1,2-Tetrachloroethane; 1,1,2,2-
                                   Tetrachloroethane;
                                   Tetrachloroethylene;
                                   Pentachloroethane; Hexachloroethane;
                                   Allyl chloride (3-Chloropropene);
                                   Dichloropropane; Dichloropropene; 2-
                                   Chloro-1,3-butadiene; Hexachloro-1,3-
                                   butadiene; Hexachlorocyclopentadiene;
                                   Benzene; Chlorobenzene;
                                   Dichlorobenzene; 1,2,4-Tri
                                   chlorobenzene; Tetrachlorobenzene;
                                   Pentachlorobenzene;
                                   Hexachlorobenzene; Toluene;
                                   Naphthalene.
F026............................  Tetra-, penta-, and hexachlorodibenzo-
                                   p-dioxins; tetra-, penta-, and
                                   hexachlorodibenzofurans.
F027............................  Tetra-, penta-, and hexachlorodibenzo-
                                   p- dioxins; tetra-, penta-, and
                                   hexachlorodibenzofurans; tri-, tetra-
                                   , and pentachlorophenols and their
                                   chlorophenoxy derivative acids,
                                   esters, ethers, amine and other
                                   salts.

[[Page 97]]

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

[[Page 98]]

 
K096............................  1,2-dichloroethane, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane.
K097............................  Chlordane, heptachlor.
K098............................  Toxaphene.
K099............................  2,4-dichlorophenol, 2,4,6-
                                   trichlorophenol.
K100............................  Hexavalent chromium, lead, cadmium.
K101............................  Arsenic.
K102............................  Arsenic.
K103............................  Aniline, nitrobenzene,
                                   phenylenediamine.
K104............................  Aniline, benzene, diphenylamine,
                                   nitrobenzene, phenylenediamine.
K105............................  Benzene, monochlorobenzene,
                                   dichlorobenzenes, 2,4,6-
                                   trichlorophenol.
K106............................  Mercury.
K107............................  1,1-Dimethylhydrazine (UDMH).
K108............................  1,1-Dimethylhydrazine (UDMH).
K109............................  1,1-Dimethylhydrazine (UDMH).
K110............................  1,1-Dimethylhydrazine (UDMH).
K111............................  2,4-Dinitrotoluene.
K112............................  2,4-Toluenediamine, o-toluidine, p-
                                   toluidine, aniline.
K113............................  2,4-Toluenediamine, o-toluidine, p-
                                   toluidine, aniline.
K114............................  2,4-Toluenediamine, o-toluidine, p-
                                   toluidine.
K115............................  2,4-Toluenediamine.
K116............................  Carbon tetrachloride,
                                   tetrachloroethylene, chloroform,
                                   phosgene.
K117............................  Ethylene dibromide.
K118............................  Ethylene dibromide.
K123............................  Ethylene thiourea.
K124............................  Ethylene thiourea.
K125............................  Ethylene thiourea.
K126............................  Ethylene thiourea.
K131............................  Dimethyl sulfate, methyl bromide.
K132............................  Methyl bromide.
K136............................  Ethylene dibromide.
K141............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene, benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene.
K142............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene, benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene.
K143............................  Benzene, benz(a)anthracene,
                                   benzo(b)fluoranthene,
                                   benzo(k)fluoranthene.
K144............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene, benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene.
K145............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene,
                                   dibenz(a,h)anthracene, naphthalene.
K147............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene, benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene.
K148............................  Benz(a)anthracene, benzo(a)pyrene,
                                   benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene.
K149............................  Benzotrichloride, benzyl chloride,
                                   chloroform, chloromethane,
                                   chlorobenzene, 1,4-dichlorobenzene,
                                   hexachlorobenzene,
                                   pentachlorobenzene, 1,2,4,5-
                                   tetrachlorobenzene, toluene.
K150............................  Carbon tetrachloride, chloroform,
                                   chloromethane, 1,4-dichlorobenzene,
                                   hexachlorobenzene,
                                   pentachlorobenzene, 1,2,4,5-
                                   tetrachlorobenzene, 1,1,2,2-
                                   tetrachloroethane,
                                   tetrachloroethylene, 1,2,4-
                                   trichlorobenzene.
K151............................  Benzene, carbon tetrachloride,
                                   chloroform, hexachlorobenzene,
                                   pentachlorobenzene, toluene, 1,2,4,5-
                                   tetrachlorobenzene,
                                   tetrachloroethylene.
K156............................  Benomyl, carbaryl, carbendazim,
                                   carbofuran, carbosulfan,
                                   formaldehyde, methylene chloride,
                                   triethylamine.
K157............................  Carbon tetrachloride, formaldehyde,
                                   methyl chloride, methylene chloride,
                                   pyridine, triethylamine.
K158............................  Benomyl, carbendazim, carbofuran,
                                   carbosulfan, chloroform, methylene
                                   chloride.
K159............................  Benzene, butylate, eptc, molinate,
                                   pebulate, vernolate.
K161............................  Antimony, arsenic, metam-sodium,
                                   ziram.
K169............................  Benzene.
K170............................  Benzo(a)pyrene, dibenz(a,h)anthracene,
                                   benzo (a) anthracene, benzo
                                   (b)fluoranthene,
                                   benzo(k)fluoranthene, 3-
                                   methylcholanthrene, 7, 12-
                                   dimethylbenz(a)anthracene.
K171............................  Benzene, arsenic.
K172............................  Benzene, arsenic.
K174............................  1,2,3,4,6,7,8-Heptachlorodibenzo-p-
                                   dioxin (1,2,3,4,6,7,8-HpCDD),
                                   1,2,3,4,6,7,8-Heptachlorodibenzofuran
                                   (1,2,3,4,6,7,8-HpCDF), 1,2,3,4,7,8,9-
                                   Heptachlorodibenzofuran
                                   (1,2,3,6,7,8,9-HpCDF), HxCDDs (All
                                   Hexachlorodibenzo-p-dioxins), HxCDFs
                                   (All Hexachlorodibenzofurans), PeCDDs
                                   (All Pentachlorodibenzo-p-dioxins),
                                   OCDD (1,2,3,4,6,7,8,9-
                                   Octachlorodibenzo-p-dioxin, OCDF
                                   (1,2,3,4,6,7,8,9-
                                   Octachlorodibenzofuran), PeCDFs (All
                                   Pentachlorodibenzofurans), TCDDs (All
                                   tetrachlorodi-benzo-p-dioxins), TCDFs
                                   (All tetrachlorodibenzofurans).
K175............................  Mercury
K176............................  Arsenic, Lead.
K177............................  Antimony.
K178............................  Thallium.
------------------------------------------------------------------------
N.A.--Waste is hazardous because it fails the test for the
  characteristic of ignitability, corrosivity, or reactivity.


[46 FR 4619, Jan. 16, 1981]

    Editorial Note: For Federal Register citations affecting Appendix 
VII, part 261, see the List of CFR Sections Affected, which appears in 
the Finding Aids section of the printed volume and on GPO Access.

    Effective Date Note: At 70 FR 9177, Feb. 24, 2005, Appendix VII to 
part 261 was amended by adding the following entry in alphanumeric order 
(by the first column), effective Aug. 23, 2005. For the convenience of 
the user, the added text is set forth as follows:

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

------------------------------------------------------------------------
                                      Hazardous constituents for which
     EPA  hazardous  waste No.                     listed
------------------------------------------------------------------------
 
                                 * * * *
K181..............................  Aniline, o-anisidine, 4-
                                     chloroaniline, p-cresidine, 2,4-
                                     dimethylaniline, 1,2-
                                     phenylenediamine, 1,3-
                                     phenylenediamine.
 
                                 * * * *
------------------------------------------------------------------------


[[Page 99]]

                                * * * * *

            Appendix VIII to Part 261--Hazardous Constituents

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

[[Page 100]]

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

[[Page 101]]

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

[[Page 102]]

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

[[Page 103]]

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

[[Page 104]]

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

[[Page 105]]

 
N-Nitrosomethylvinylamine..................  Vinylamine, N-methyl-N-nitroso-....          4549-40-0         P084
N-Nitrosomorpholine........................  Morpholine, 4-nitroso-.............            59-89-2  ...........
N-Nitrosonornicotine.......................  Pyridine, 3-(1-nitroso-2-                   16543-55-8  ...........
                                              pyrrolidinyl)-, (S)-.
N-Nitrosopiperidine........................  Piperidine, 1-nitroso-.............           100-75-4         U179
N-Nitrosopyrrolidine.......................  Pyrrolidine, 1-nitroso-............           930-55-2         U180
N-Nitrososarcosine.........................  Glycine, N-methyl-N-nitroso-.......         13256-22-9  ...........
5-Nitro-o-toluidine........................  Benzenamine, 2-methyl-5-nitro-.....            99-55-8         U181
Octachlorodibenzo-p-dioxin (OCDD)..........  1,2,3,4,6,7,8,9-Octachlorodibenzo-p-         3268-87-9  ...........
                                              dioxin.
Octachlorodibenzofuran (OCDF)..............  1,2,3,4,6,7,8,9-                            39001-02-0  ...........
                                              Octachlorodibenofuran.
Octamethylpyrophosphoramide................  Diphosphoramide, octamethyl-.......           152-16-9         P085
Osmium tetroxide...........................  Osmium oxide OsO4, (T-4)-..........         20816-12-0         P087
Oxamyl.....................................  Ethanimidothioc acid, 2-                    23135-22-0         P194
                                              (dimethylamino)-N-
                                              [[(methylamino)carbonyl]oxy]-2-oxo-
                                              , methyl ester.
Paraldehyde................................  1,3,5-Trioxane, 2,4,6-trimethyl-...           123-63-7         U182
Parathion..................................  Phosphorothioic acid, O,O-diethyl O-           56-38-2         P089
                                              (4-nitrophenyl) ester.
Pebulate...................................  Carbamothioic acid, butylethyl-, S-          1114-71-2  ...........
                                              propyl ester.
Pentachlorobenzene.........................  Benzene, pentachloro-..............           608-93-5         U183
Pentachlorodibenzo-p-dioxins...............  ...................................  .................  ...........
Pentachlorodibenzofurans...................  ...................................  .................  ...........
Pentachloroethane..........................  Ethane, pentachloro-...............            76-01-7         U184
Pentachloronitrobenzene (PCNB).............  Benzene, pentachloronitro-.........            82-68-8         U185
Pentachlorophenol..........................  Phenol, pentachloro-...............            87-86-5     See F027
Phenacetin.................................  Acetamide, N-(4-ethoxyphenyl)-.....            62-44-2         U187
Phenol.....................................  Same...............................           108-95-2         U188
Phenylenediamine...........................  Benzenediamine.....................         25265-76-3  ...........
Phenylmercury acetate......................  Mercury, (acetato-O)phenyl-........            62-38-4         P092
Phenylthiourea.............................  Thiourea, phenyl-..................           103-85-5         P093
Phosgene...................................  Carbonic dichloride................            75-44-5         P095
Phosphine..................................  Same...............................          7803-51-2         P096
Phorate....................................  Phosphorodithioic acid, O,O-diethyl           298-02-2         P094
                                              S-[(ethylthio)methyl] ester.
Phthalic acid esters, N.O.S. \1\...........  ...................................  .................  ...........
Phthalic anhydride.........................  1,3-Isobenzofurandione.............            85-44-9         U190
Physostigmine..............................  Pyrrolo[2,3-b]indol-5-01,                      57-47-6         P204
                                              1,2,3,3a,8,8a-hexahydro-1,3a,8-
                                              trimethyl-, methylcarbamate
                                              (ester), (3aS-cis)-.
Physostigmine salicylate...................  Benzoic acid, 2-hydroxy-, compd.               57-64-7         P188
                                              with (3aS-cis) -1,2,3,3a,8,8a-
                                              hexahydro-1,3a,8-trimethylpyrrolo
                                              [2,3-b]indol-5-yl methylcarbamate
                                              ester (1:1).
2-Picoline.................................  Pyridine, 2-methyl-................           109-06-8         U191
Polychlorinated biphenyls, N.O.S. \1\......  ...................................  .................  ...........
Potassium cyanide..........................  Potassium cyanide K(CN)............           151-50-8         P098
Potassium dimethyldithiocarbamate..........  Carbamodithioic acid, dimethyl,               128-03-0  ...........
                                              potassium salt.
Potassium n-hydroxymethyl-n-methyl-          Carbamodithioic acid,                       51026-28-9  ...........
 dithiocarbamate.                             (hydroxymethyl)methyl-,
                                              monopotassium salt.
Potassium n-methyldithiocarbamate..........  Carbamodithioic acid, methyl-                 137-41-7  ...........
                                              monopotassium salt.
Potassium pentachlorophenate...............  Pentachlorophenol, potassium salt..            7778736         None
Potassium silver cyanide...................  Argentate(1-), bis(cyano-C)-,                 506-61-6         P099
                                              potassium.
Promecarb..................................  Phenol, 3-methyl-5-(1-methylethyl)-          2631-37-0         P201
                                              , methyl carbamate.
Pronamide..................................  Benzamide, 3,5-dichloro-N-(1,1-             23950-58-5         U192
                                              dimethyl-2-propynyl)-.
1,3-Propane sultone........................  1,2-Oxathiolane, 2,2-dioxide.......          1120-71-4         U193
n-Propylamine..............................  1-Propanamine......................           107-10-8         U194
Propargyl alcohol..........................  2-Propyn-1-ol......................           107-19-7         P102
Propham....................................  Carbamic acid, phenyl-, 1-                    122-42-9         U373
                                              methylethyl ester.
Propoxur...................................  Phenol, 2-(1-methylethoxy)-,                  114-26-1         U411
                                              methylcarbamate.
Propylene dichloride.......................  Propane, 1,2-dichloro-.............            78-87-5         U083
1,2-Propylenimine..........................  Aziridine, 2-methyl-...............            75-55-8         P067
Propylthiouracil...........................  4(1H)-Pyrimidinone, 2,3-dihydro-6-             51-52-5  ...........
                                              propyl-2-thioxo-.
Prosulfocarb...............................  Carbamothioic acid, dipropyl-, S-           52888-80-9         U387
                                              (phenylmethyl) ester.
Pyridine...................................  Same...............................           110-86-1         U196

[[Page 106]]

 
Reserpine..................................  Yohimban-16-carboxylic acid, 11,17-            50-55-5         U200
                                              dimethoxy-18-[(3,4,5-
                                              trimethoxybenzoyl)oxy]-smethyl
                                              ester,
                                              (3beta,16beta,17alpha,18beta,20alp
                                              ha)-.
Resorcinol.................................  1,3-Benzenediol....................           108-46-3         U201
Saccharin..................................  1,2-Benzisothiazol-3(2H)-one, 1,1-             81-07-2         U202
                                              dioxide.
Saccharin salts............................  ...................................  .................         U202
Safrole....................................  1,3-Benzodioxole, 5-(2-propenyl)-..            94-59-7         U203
Selenium...................................  Same...............................          7782-49-2  ...........
Selenium compounds, N.O.S. \1\.............  ...................................  .................  ...........
Selenium dioxide...........................  Selenious acid.....................          7783-00-8         U204
Selenium sulfide...........................  Selenium sulfide SeS2..............          7488-56-4         U205
Selenium, tetrakis(dimethyl-                 Carbamodithioic acid, dimethyl-,              144-34-3  ...........
 dithiocarbamate).                            tetraanhydrosulfide with
                                              orthothioselenious acid.
Selenourea.................................  Same...............................           630-10-4         P103
Silver.....................................  Same...............................          7440-22-4  ...........
Silver compounds, N.O.S. \1\...............  ...................................  .................  ...........
Silver cyanide.............................  Silver cyanide Ag(CN)..............           506-64-9         P104
Silvex (2,4,5-TP)..........................  Propanoic acid, 2-(2,4,5-                      93-72-1     See F027
                                              trichlorophenoxy)-.
Sodium cyanide.............................  Sodium cyanide Na(CN)..............           143-33-9         P106
Sodium dibutyldithiocarbamate..............  Carbamodithioic acid, dibutyl,                136-30-1  ...........
                                              sodium salt.
Sodium diethyldithiocarbamate..............  Carbamodithioic acid, diethyl-,               148-18-5
                                              sodium salt.
Sodium dimethyldithiocarbamate.............  Carbamodithioic acid, dimethyl-,              128-04-1  ...........
                                              sodium salt.
Sodium pentachlorophenate..................  Pentachlorophenol, sodium salt.....             131522         None
Streptozotocin.............................  D-Glucose, 2-deoxy-2-                       18883-66-4         U206
                                              [[(methylnitrosoamino)carbonyl]ami
                                              no]-.
Strychnine.................................  Strychnidin-10-one.................            57-24-9         P108
Strychnine salts...........................  ...................................  .................         P108
Sulfallate.................................  Carbamodithioic acid, diethyl-, 2-             95-06-7  ...........
                                              chloro-2-propenyl ester.
TCDD.......................................  Dibenzo[b,e][1,4]dioxin, 2,3,7,8-            1746-01-6  ...........
                                              tetrachloro-.
Tetrabutylthiuram disulfide................  Thioperoxydicarbonic diamide,                1634-02-2  ...........
                                              tetrabutyl.
1,2,4,5-Tetrachlorobenzene.................  Benzene, 1,2,4,5-tetrachloro-......            95-94-3         U207
Tetrachlorodibenzo-p-dioxins...............  ...................................  .................  ...........
Tetrachlorodibenzofurans...................  ...................................  .................  ...........
Tetrachloroethane, N.O.S. \1\..............  Ethane, tetrachloro-, N.O.S........         25322-20-7  ...........
1,1,1,2-Tetrachloroethane..................  Ethane, 1,1,1,2-tetrachloro-.......           630-20-6         U208
1,1,2,2-Tetrachloroethane..................  Ethane, 1,1,2,2-tetrachloro-.......            79-34-5         U209
Tetrachloroethylene........................  Ethene, tetrachloro-...............           127-18-4         U210
2,3,4,6-Tetrachlorophenol..................  Phenol, 2,3,4,6-tetrachloro-.......            58-90-2     See F027
2,3,4,6-tetrachlorophenol, potassium salt..  same...............................           53535276         None
2,3,4,6-tetrachlorophenol, sodium salt.....  same...............................           25567559         None
Tetraethyldithiopyrophosphate..............  Thiodiphosphoric acid, tetraethyl            3689-24-5         P109
                                              ester.
Tetraethyl lead............................  Plumbane, tetraethyl-..............            78-00-2         P110
Tetraethyl pyrophosphate...................  Diphosphoric acid, tetraethyl ester           107-49-3         P111
Tetramethylthiuram monosulfide.............  Bis(dimethylthiocarbamoyl) sulfide.            97-74-5  ...........
Tetranitromethane..........................  Methane, tetranitro-...............           509-14-8         P112
Thallium...................................  Same...............................          7440-28-0  ...........
Thallium compounds, N.O.S. \1\.............  ...................................  .................  ...........
Thallic oxide..............................  Thallium oxide Tl2 O3..............          1314-32-5         P113
Thallium(I) acetate........................  Acetic acid, thallium(1+) salt.....           563-68-8         U214
Thallium(I) carbonate......................  Carbonic acid, dithallium(1+) salt.          6533-73-9         U215
Thallium(I) chloride.......................  Thallium chloride TlCl.............          7791-12-0         U216
Thallium(I) nitrate........................  Nitric acid, thallium(1+) salt.....         10102-45-1         U217
Thallium selenite..........................  Selenious acid, dithallium(1+) salt         12039-52-0         P114
Thallium(I) sulfate........................  Sulfuric acid, dithallium(1+) salt.          7446-18-6         P115
Thioacetamide..............................  Ethanethioamide....................            62-55-5         U218
Thiodicarb.................................  Ethanimidothioic acid, N,N'-                59669-26-0         U410
                                              [thiobis [(methylimino)
                                              carbonyloxy]] bis-, dimethyl ester.
Thiofanox..................................  2-Butanone, 3,3-dimethyl-1-                 39196-18-4         P045
                                              (methylthio)-, 0-
                                              [(methylamino)carbonyl] oxime.
Thiomethanol...............................  Methanethiol.......................            74-93-1         U153
Thiophanate-methyl.........................  Carbamic acid, [1,2-phyenylenebis           23564-05-8         U409
                                              (iminocarbonothioyl)] bis-,
                                              dimethyl ester.
Thiophenol.................................  Benzenethiol.......................           108-98-5         P014
Thiosemicarbazide..........................  Hydrazinecarbothioamide............            79-19-6         P116
Thiourea...................................  Same...............................            62-56-6         U219
Thiram.....................................  Thioperoxydicarbonic diamide [(H2             137-26-8         U244
                                              N)C(S)]2 S2, tetramethyl-.
Tirpate....................................  1,3-Dithiolane-2-carboxaldehyde,            26419-73-8         P185
                                              2,4-dimethyl-, O-[(methylamino)
                                              carbonyl] oxime.

[[Page 107]]

 
Toluene....................................  Benzene, methyl-...................           108-88-3         U220
Toluenediamine.............................  Benzenediamine, ar-methyl-.........         25376-45-8         U221
Toluene-2,4-diamine........................  1,3-Benzenediamine, 4-methyl-......            95-80-7  ...........
Toluene-2,6-diamine........................  1,3-Benzenediamine, 2-methyl-......           823-40-5  ...........
Toluene-3,4-diamine........................  1,2-Benzenediamine, 4-methyl-......           496-72-0  ...........
Toluene diisocyanate.......................  Benzene, 1,3-diisocyanatomethyl-...         26471-62-5         U223
o-Toluidine................................  Benzenamine, 2-methyl-.............            95-53-4         U328
o-Toluidine hydrochloride..................  Benzenamine, 2-methyl-,                       636-21-5         U222
                                              hydrochloride.
p-Toluidine................................  Benzenamine, 4-methyl-.............           106-49-0         U353
Toxaphene..................................  Same...............................          8001-35-2         P123
Triallate..................................  Carbamothioic acid, bis(1-                   2303-17-5         U389
                                              methylethyl)-, S-(2,3,3-trichloro-
                                              2-propenyl) ester.
1,2,4-Trichlorobenzene.....................  Benzene, 1,2,4-trichloro-..........           120-82-1  ...........
1,1,2-Trichloroethane......................  Ethane, 1,1,2-trichloro-...........            79-00-5         U227
Trichloroethylene..........................  Ethene, trichloro-.................            79-01-6         U228
Trichloromethanethiol......................  Methanethiol, trichloro-...........            75-70-7         P118
Trichloromonofluoromethane.................  Methane, trichlorofluoro-..........            75-69-4         U121
2,4,5-Trichlorophenol......................  Phenol, 2,4,5-trichloro-...........            95-95-4     See F027
2,4,6-Trichlorophenol......................  Phenol, 2,4,6-trichloro-...........            88-06-2     See F027
2,4,5-T....................................  Acetic acid, (2,4,5-                           93-76-5     See F027
                                              trichlorophenoxy)-.
Trichloropropane, N.O.S. \1\...............  ...................................         25735-29-9  ...........
1,2,3-Trichloropropane.....................  Propane, 1,2,3-trichloro-..........            96-18-4  ...........
Triethylamine..............................  Ethanamine, N,N-diethyl-...........           121-44-8         U404
O,O,O-Triethyl phosphorothioate............  Phosphorothioic acid, O,O,O-                  126-68-1  ...........
                                              triethyl ester.
1,3,5-Trinitrobenzene......................  Benzene, 1,3,5-trinitro-...........            99-35-4         U234
Tris(1-aziridinyl)phosphine sulfide........  Aziridine, 1,1',1''-                           52-24-4  ...........
                                              phosphinothioylidynetris-.
Tris(2,3-dibromopropyl) phosphate..........  1-Propanol, 2,3-dibromo-, phosphate           126-72-7         U235
                                              (3:1).
Trypan blue................................  2,7-Naphthalenedisulfonic acid,                72-57-1         U236
                                              3,3'-[(3,3'-dimethyl[1,1'-
                                              biphenyl]-4,4'-diyl)bis(azo)]-
                                              bis[5-amino-4-hydroxy-,
                                              tetrasodium salt..
Uracil mustard.............................  2,4-(1H,3H)-Pyrimidinedione, 5-                66-75-1         U237
                                              [bis(2-chloroethyl)amino]-.
Vanadium pentoxide.........................  Vanadium oxide V2 O5...............          1314-62-1         P120
Vernolate..................................  Carbamothioic acid, dipropyl-,S-             1929-77-7  ...........
                                              propyl ester.
Vinyl chloride.............................  Ethene, chloro-....................            75-01-4         U043
Warfarin...................................  2H-1-Benzopyran-2-one, 4-hydroxy-3-            81-81-2         U248
                                              (3-oxo-1-phenylbutyl)-, when
                                              present at concentrations less
                                              than 0.3%.
Warfarin...................................  2H-1-Benzopyran-2-one, 4-hydroxy-3-            81-81-2         P001
                                              (3-oxo-1-phenylbutyl)-, when
                                              present at concentrations greater
                                              than 0.3%.
Warfarin salts, when present at              ...................................  .................         U248
 concentrations less than 0.3%.
Warfarin salts, when present at              ...................................  .................         P001
 concentrations greater than 0.3%.
Zinc cyanide...............................  Zinc cyanide Zn(CN)2...............           557-21-1         P121
Zinc phosphide.............................  Zinc phosphide Zn3 P2, when present          1314-84-7         P122
                                              at concentrations greater than 10%.
Zinc phosphide.............................  Zinc phosphide Zn3 P2, when present          1314-84-7         U249
                                              at concentrations of 10% or less.
Ziram......................................  ZInc, bis(dimethylcarbamodithioato-           137-30-4         P205
                                              S,S')-, (T-4)-.
----------------------------------------------------------------------------------------------------------------
\1\ The abbreviation N.O.S. (not otherwise specified) signifies those members of the general class not
  specifically listed by name in this appendix.


[53 FR 13388, Apr. 22, 1988, as amended at 53 FR 43881, Oct. 31, 1988; 
54 FR 50978, Dec. 11, 1989; 55 FR 50483, Dec. 6, 1990; 56 FR 7568, Feb. 
25, 1991; 59 FR 468, Jan. 4, 1994; 59 FR 31551, June 20, 1994; 60 FR 
7853, Feb. 9, 1995; 60 FR 19165, Apr. 17, 1995; 62 FR 32977, June 17, 
1997; 63 FR 24625, May 4, 1998; 65 FR 14475, Mar. 17, 2000; 65 FR 67127, 
Nov. 8, 2000]

    Effective Date Note: At 70 FR 9177, Feb. 24, 2005, Appendix VIII to 
part 261 was amended by adding in alphabetical sequence of common name 
the following entries, effective Aug. 23, 2005. For the convenience of 
the user, the added text is set forth as follows:

            Appendix VIII to Part 261--Hazardous Constituents

------------------------------------------------------------------------
                                                  Chemical
         Common name               Chemical      abstracts    Hazardous
                                abstracts name      No.       waste No.
------------------------------------------------------------------------
 
                              * * * * * * *
o-Anisidine (2-                Benzenamine, 2-      90-04-0  ...........
 methoxyaniline).               Methoxy-.

[[Page 108]]

 
 
                              * * * * * * *
p-Cresidine..................  2-Methoxy-5-        120-71-8  ...........
                                methylbenzenam
                                ine.
 
                              * * * * * * *
2,4-Dimethylaniline (2,4-      Benzenamine,         95-68-1  ...........
 xylidine).                     2,4-dimethyl-.
 
                              * * * * * * *
1,2-Phenylenediamine.........  1,2-                 95-54-5  ...........
                                Benzenediamine.
 
                              * * * * * * *
1,3-Phenylenediamine.........  1,3-                108-45-2  ...........
                                Benzenediamine.
 
                              *...............
------------------------------------------------------------------------

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



           Table 1--Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
     Facility           Address                Waste description
------------------------------------------------------------------------
Aluminum Company   750 Norcold Ave.,  Wastewater treatment plant (WWTP)
 of America.        Sidney, Ohio       sludges generated from the
                    45365.             chemical conversion coating of
                                       aluminum (EPA Hazardous Waste No.
                                       F019) and WWTP sludges generated
                                       from electroplating operations
                                       (EPA Hazardous Waste No. F006)
                                       and stored in an on-site
                                       landfill. This is an exclusion
                                       for approximately 16,772 cubic
                                       yards of landfilled WWTP filter
                                       cake. This exclusion applies only
                                       if the waste filter cake remains
                                       in place or, if excavated, is
                                       disposed of in a Subtitle D
                                       landfill which is permitted,
                                       licensed, or registered by a
                                       state to manage industrial solid
                                       waste. This exclusion was
                                       published on April 6, 1999.
                                      1. The constituent concentrations
                                       measured in the TCLP extract may
                                       not exceed the following levels
                                       (mg/L): Arsenic--5; Barium--100;
                                       Chromium--5; Cobalt--210; Copper--
                                       130; Nickel--70; Vanadium--30;
                                       Zinc--1000; Fluoride--400;
                                       Acetone--400; Methylene Chloride--
                                       0.5; Bis(2-ethylhexyl)phthalate--
                                       0.6.
                                      2. (a) If, anytime after disposal
                                       of the delisted waste, Alcoa
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified in
                                       Condition (1) is at a level in
                                       the leachate higher than the
                                       delisting level established in
                                       Condition (1), or is at a level
                                       in the ground water or soil
                                       higher than the health based
                                       level, then Alcoa must report
                                       such data, in writing, to the
                                       Regional Administrator within 10
                                       days of first possessing or being
                                       made aware of that data.
                                      (b) Based on the information
                                       described in paragraph (a) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending or revoking this
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (c) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify the
                                       facility in writing of the
                                       actions the Regional
                                       Administrator believes are
                                       necessary to protect human health
                                       and the environment. The notice
                                       shall include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. The facility
                                       shall have 10 days from the date
                                       of the Regional Administrator's
                                       notice to present such
                                       information.
                                      (d) Following the receipt of
                                       information from the facility
                                       described in paragraph (c) or (if
                                       no information is presented under
                                       paragraph (c) the initial receipt
                                       of information described in
                                       paragraph (a), the Regional
                                       Administrator will issue a final
                                       written determination describing
                                       the Agency actions that are
                                       necessary to protect human health
                                       or the environment. Any required
                                       action described in the Regional
                                       Administrator's determination
                                       shall become effective
                                       immediately, unless the Regional
                                       Administrator provides otherwise.
 
Alumnitec, Inc.    Jeffersonville,    Dewatered wastewater treatment
 (formerly          IN.                sludge (EPA Hazardous Waste No.
 Profile                               F019) generated from the chemical
 Extrusion Co.,                        conversion of aluminum after
 formerly United                       April 29, 1986.
 Technologies
 Automotive,
 Inc.).

[[Page 109]]

 
American Metals    Westlake, Ohio...  Wastewater treatment plant (WWTP)
 Corporation.                          sludges from the chemical
                                       conversion coating (phosphating)
                                       of aluminum (EPA Hazardous Waste
                                       No. F019) and other solid wastes
                                       previously disposed in an on-site
                                       landfill. This is a one-time
                                       exclusion for 12,400 cubic yards
                                       of landfilled WWTP sludge. This
                                       exclusion is effective on January
                                       15, 2002.
                                      1. Delisting Levels:
                                      (A) The constituent concentrations
                                       measured in the TCLP extract may
                                       not exceed the following levels
                                       (mg/L): antimony--1.52; arsenic--
                                       0.691; barium--100; beryllium--
                                       3.07; cadmium--1; chromium--5;
                                       cobalt--166; copper--67,300;
                                       lead--5; mercury--0.2; nickel--
                                       209; selenium--1; silver--5;
                                       thallium--0.65; tin--1,660;
                                       vanadium--156; and zinc--2,070.
                                      (B) The total constituent
                                       concentrations in any sample may
                                       not exceed the following levels
                                       (mg/kg): arsenic--9,280; mercury--
                                       94; and polychlorinated
                                       biphenyls--0.265.
                                      (C) Concentrations of dioxin and
                                       furan congeners cannot exceed
                                       values which would result in a
                                       cancer risk greater than or equal
                                       to 10-6 as predicted by the
                                       model.
                                      2. Verification Sampling--USG
                                       shall collect six additional
                                       vertically composited samples of
                                       sludge from locations that
                                       compliment historical data and
                                       shall analyze the samples by TCLP
                                       for metals including antimony,
                                       arsenic, barium, beryllium,
                                       cadmium, chromium, lead, mercury,
                                       nickel, selenium, silver,
                                       thallium, tin, vanadium, and
                                       zinc. If the samples exceed the
                                       levels in Condition (1)(a), USG
                                       must notify EPA. The
                                       corresponding sludge and all
                                       sludge yet to be disposed remains
                                       hazardous until USG has
                                       demonstrated by additional
                                       sampling that all constituents of
                                       concern are below the levels set
                                       forth in condition 1.
                                      3. Reopener Language--(a) If,
                                       anytime after disposal of the
                                       delisted waste, USG possesses or
                                       is otherwise made aware of any
                                       data (including but not limited
                                       to leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified in
                                       Condition (1) is at a level
                                       higher than the delisting level
                                       established in Condition (1), or
                                       is at a level in the groundwater
                                       exceeding maximum allowable point
                                       of exposure concentration
                                       referenced by the model, then USG
                                       must report such data, in
                                       writing, to the Regional
                                       Administrator within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (b) Based on the information
                                       described in paragraph (a) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (c) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify USG in
                                       writing of the actions the
                                       Regional Administrator believes
                                       are necessary to protect human
                                       health and the environment. The
                                       notice shall include a statement
                                       of the proposed action and a
                                       statement providing USG with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. USG shall
                                       have 10 days from the date of the
                                       Regional Administrator's notice
                                       to present the information.
                                      (d) If after 10 days USG presents
                                       no further information, the
                                       Regional Administrator will issue
                                       a final written determination
                                       describing the Agency actions
                                       that are necessary to protect
                                       human health or the environment.
                                       Any required action described in
                                       the Regional Administrator's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator provides
                                       otherwise.
                                      4. Notifications--USG must provide
                                       a one-time written notification
                                       to any State Regulatory Agency to
                                       which or through which the waste
                                       described above will be
                                       transported for disposal at least
                                       60 days prior to the commencement
                                       of such activities. Failure to
                                       provide such a notification will
                                       result in a violation of the
                                       delisting petition and a possible
                                       revocation of the decision.
American Steel     Scottsburg, IN...  Wastewater treatment plant (WWTP)
 Cord.                                 sludge from electroplating
                                       operations (EPA Hazardous Waste
                                       No. F006) generated at a maximum
                                       annual rate of 3,000 cubic yards
                                       per year, after January 26, 1999,
                                       and disposed of in a Subtitle D
                                       landfill.
                                      1. Verification Testing: American
                                       Steel Cord must implement an
                                       annual testing program to
                                       demonstrate, based on the
                                       analysis of a minimum of four
                                       representative samples, that the
                                       constituent concentrations
                                       measured in the TCLP extract of
                                       the waste are within specific
                                       levels. The constituent
                                       concentrations must not exceed
                                       the following levels (mg/l) which
                                       are back-calculated from the
                                       delisting health-based levels and
                                       a DAF of 68. Arsenic--3.4;
                                       Barium--100; Cadmium--.34;
                                       Chromium--5; Copper--88.4.; Lead--
                                       1.02; Mercury--.136; Nickel--
                                       6.8.; Selenium--1; Silver--5;
                                       Zinc--680; Cyanide--13.6;
                                       Acetone--272; Benzo butyl
                                       phthlate--476; Chloroform--.68;
                                       1,4-Dichlorobenzene--.272; cis-
                                       1,2-Dichloroethene--27.2;
                                       Methylene chloride--.34;
                                       Naphthalene--68; Styrene--6.8;
                                       Tetrachloroethene--.34; Toluene--
                                       68; and Xylene--680. American
                                       Steel Cord must measure and
                                       record the pH of the waste using
                                       SW 846 method 9045 and must
                                       record all pH measurements
                                       performed in accordance with the
                                       TCLP.
                                      2. Changes in Operating
                                       Conditions: If American Steel
                                       Cord significantly changes the
                                       manufacturing or treatment
                                       process or the chemicals used in
                                       the manufacturing or treatment
                                       process, American Steel Cord may
                                       handle the WWTP filter press
                                       sludge generated from the new
                                       process under this exclusion only
                                       after the facility has
                                       demonstrated that the waste meets
                                       the levels set forth in paragraph
                                       1 and that no new hazardous
                                       constituents listed in Appendix
                                       VIII of Part 261 have been
                                       introduced.

[[Page 110]]

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

[[Page 111]]

 
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 112]]

 
                                      (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 113]]

 
                                           Prior to disposal of the
                                            residues from each weekly
                                            sampling period, the weekly
                                            composites must be analyzed
                                            for all of the constituents
                                            listed in Condition (3). The
                                            analytical data, including
                                            quality control information,
                                            must be compiled and
                                            maintained on site for a
                                            minimum of three years.
                                            These data must be furnished
                                            upon request and made
                                            available for inspection by
                                            any employee or
                                            representative of EPA.
                                         (2) Waste holding: The
                                          incineration residues that are
                                          generated must be stored as
                                          hazardous until the initial
                                          verification analyses or
                                          subsequent analyses are
                                          completed.
                                         If the composite incineration
                                          residue samples (from either
                                          Condition (1)(A) or Condition
                                          (1)(B)) do not exceed any of
                                          the delisting levels set in
                                          Condition (3), the
                                          incineration residues
                                          corresponding to these samples
                                          may be managed and disposed of
                                          in accordance with all
                                          applicable solid waste
                                          regulations.
                                         If any composite incineration
                                          residue sample exceeds any of
                                          the delisting levels set in
                                          Condition (3), the
                                          incineration residues
                                          generated during the time
                                          period corresponding to this
                                          sample must be retreated until
                                          they meet these levels
                                          (analyses must be repeated) or
                                          managed and disposed of in
                                          accordance with subtitle C of
                                          RCRA. Incineration residues
                                          which are generated but for
                                          which analysis is not complete
                                          or valid must be managed and
                                          disposed of in accordance with
                                          subtitle C of RCRA, until
                                          valid analyses demonstrate
                                          that the wastes meet the
                                          delisting levels.
                                         (3) Delisting levels: If
                                          concentrations in one or more
                                          of the incineration residues
                                          for any of the hazardous
                                          constituents listed below
                                          exceed their respective
                                          maximum allowable
                                          concentrations also listed
                                          below, the batch of failing
                                          waste must either be re-
                                          treated until it meets these
                                          levels or managed and disposed
                                          of in accordance with subtitle
                                          C of RCRA.
                                           (A) Inorganics (Leachable):
                                            Arsenic, 0.32 ppm; Barium,
                                            6.3 ppm; Cadmium, 0.06 ppm;
                                            Chromium, 0.32 ppm; Cyanide,
                                            4.4 ppm; Lead, 0.32 ppm;
                                            Mercury, 0.01 ppm; Nickel,
                                            4.4 ppm; Selenium, 0.06 ppm;
                                            Silver, 0.32 ppm. Metal
                                            concentrations must be
                                            measured in the waste
                                            leachate as per 40 CFR
                                            261.24. Cyanide extractions
                                            must be conducted using
                                            distilled water.
                                           (B) Organics: Benzene, 0.87
                                            ppm; Benzo(a)anthracene,
                                            0.10 ppm; Benzo(a)pyrene,
                                            0.04 ppm; Benzo
                                            (b)fluoranthene, 0.16 ppm;
                                            Chlorobenzene, 152 ppm; o-
                                            Chlorophenol, 44 ppm;
                                            Chrysene, 15 ppm; 2, 4-D,
                                            107 ppm; DDE, 1.0 ppm;
                                            Dibenz(a,h)anthracene, 0.007
                                            ppm; 1, 4-Dichlorobenzene,
                                            265 ppm; 1, 1-
                                            Dichloroethylene, 1.3 ppm;
                                            trans-1,2-Dichloroethylene,
                                            37 ppm; Dichloromethane,
                                            0.23 ppm; 2,4-
                                            Dichlorophenol, 43 ppm;
                                            Hexachlorobenzene, 0.26 ppm;
                                            Indeno (1,2,3-cd) pyrene, 30
                                            ppm; Polychlorinated
                                            biphenyls, 12 ppm; 2,4,5-T,
                                            1 x 10 \6\ ppm; 1,2,4,5-
                                            Tetrachlorobenzene, 56 ppm;
                                            Tetrachloroethylene, 3.4
                                            ppm; Trichloroethylene, 1.1
                                            ppm; 2,4,5-Trichlorophenol,
                                            21,000 ppm; 2,4,6-
                                            Trichlorophenol, 0.35 ppm.
                                           (C) Chlorinated dioxins and
                                            furans: 2,3,7,8-
                                            Tetrachlorodibenzo-p-dioxin
                                            equivalents, 4 x 10-7ppm.
                                           The petitioned by-product
                                            must be analyzed for the
                                            tetra-, penta-, hexa-, and
                                            heptachlorodibenzo-p-
                                            dioxins, and the tetra-,
                                            penta-, hexa-, and
                                            heptachlorodibenzofurans to
                                            determine the 2, 3, 7, 8-
                                            tetra- chlorodibenzo-p-
                                            dioxin equivalent
                                            concentration. The analysis
                                            must be conducted using
                                            Method 8290, a high
                                            resolution gas
                                            chromatography/high
                                            resolution mass spectrometry
                                            method, and must achieve
                                            practical quantitation
                                            limits of 15 parts per
                                            trillion (ppt) for the tetra-
                                             and penta- homologs, and 37
                                            ppt for the hexa- and hepta-
                                            homologs.
                                         (4) Termination of testing: Due
                                          to the possible variability of
                                          the incinerator feeds, the
                                          testing requirements of
                                          Condition (1)(B) will continue
                                          indefinitely.
                                         (5) Data submittals: Within one
                                          week of system start-up,
                                          ADPC&E must notify the Section
                                          Chief, Variances Section (see
                                          address below) when the full-
                                          scale incineration system is
                                          on-line and waste treatment
                                          has begun. The data obtained
                                          through Condition (1)(A) must
                                          be submitted to PSPD/OSW
                                          (5303W), U.S. EPA, 1200
                                          Pennsylvania Ave., NW.,
                                          Washington, DC 20460, within
                                          the time period specified. At
                                          the Section Chief's request,
                                          ADPC&E must submit analytical
                                          data obtained through
                                          Condition (1)(B) within the
                                          time period specified by the
                                          Section Chief. Failure to
                                          submit the required data
                                          obtained from Condition (1)(A)
                                          within the specified time
                                          period or to maintain the
                                          required records for the time
                                          specified in Condition (1)(B)
                                          (or to submit data within the
                                          time specified by the Section
                                          Chief) will be considered by
                                          the Agency, at its discretion,
                                          sufficient basis to revoke
                                          ADPC&E's exclusion to the
                                          extent directed by EPA. All
                                          data must be accompanied by
                                          the following certification
                                          statement:

[[Page 114]]

 
                                         ``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.
Bekaert Corp.....  Dyersburg, TN....  Dewatered wastewater treatment
                                       plant (WWTP) sludge (EPA
                                       Hazardous Waste Nos. F006)
                                       generated at a maximum rate of
                                       1250 cubic yards per calendar
                                       year after May 27, 2004, and
                                       disposed in a Subtitle D
                                       landfill.
                                      For the exclusion to be valid,
                                       Bekaert must implement a
                                       verification testing program that
                                       meets the following paragraphs:
                                      (1) Delisting Levels: All
                                       leachable concentrations for
                                       those constituents must not
                                       exceed the maximum allowable
                                       concentrations in mg/l specified
                                       in this paragraph. Bekaert must
                                       use the leaching method specified
                                       at 40 CFR 261.24 to measure
                                       constituents in the waste
                                       leachate.
                                      (A) Inorganic Constituents TCLP
                                       (mg/l): Cadmium--0.672; Chromium--
                                       5.0; Nickel--127; Zinc--1260.0.
                                      (B) Organic Constituents TCLP (mg/
                                       l): Methyl ethyl ketone--200.0.
                                      (2) Waste Holding and Handling:
                                      (A) Bekaert must accumulate the
                                       hazardous waste dewatered WWTP
                                       sludge in accordance with the
                                       applicable regulations of 40 CFR
                                       262.34 and continue to dispose of
                                       the dewatered WWTP sludge as
                                       hazardous waste.
                                      (B) Once the first quarterly
                                       sampling and analyses event
                                       described in paragraph (3) is
                                       completed and valid analyses
                                       demonstrate that no constituent
                                       is present in the sample at a
                                       level which exceeds the delisting
                                       levels set in paragraph (1),
                                       Bekaert can manage and dispose of
                                       the dewatered WWTP sludge as
                                       nonhazardous according to all
                                       applicable solid waste
                                       regulations.
                                      (C) If constituent levels in any
                                       sample taken by Bekaert exceed
                                       any of the delisting levels set
                                       in paragraph (1), Bekaert must do
                                       the following: (i) notify EPA in
                                       accordance with paragraph (7) and
                                       (ii) manage and dispose the
                                       dewatered WWTP sludge as
                                       hazardous waste generated under
                                       Subtitle C of RCRA.
                                      (D) Quarterly Verification Testing
                                       Requirements: Upon this exclusion
                                       becoming final, Bekaert may begin
                                       the quarterly testing
                                       requirements of paragraph (3) on
                                       its dewatered WWTP sludge.
                                      (3) Quarterly Testing
                                       Requirements: Upon this exclusion
                                       becoming final, Bekaert may
                                       perform quarterly analytical
                                       testing by sampling and analyzing
                                       the dewatered WWTP sludge as
                                       follows:
                                      (A)(i) Collect four representative
                                       composite samples of the
                                       hazardous waste dewatered WWTP
                                       sludge at quarterly (ninety (90)
                                       day) intervals after EPA grants
                                       the final exclusion. The first
                                       composite sample may be taken at
                                       any time after EPA grants the
                                       final approval.
                                      (ii) Analyze the samples for all
                                       constituents listed in paragraph
                                       (1). Any roll-offs from which the
                                       composite sample is taken
                                       exceeding the delisting levels
                                       listed in paragraph (1) must be
                                       disposed as hazardous waste in a
                                       Subtitle C landfill.
                                      (iii) Within forty-five (45) days
                                       after taking its first quarterly
                                       sample, Bekaert will report its
                                       first quarterly analytical test
                                       data to EPA. If levels of
                                       constituents measured in the
                                       sample of the dewatered WWTP
                                       sludge do not exceed the levels
                                       set forth in paragraph (1) of
                                       this exclusion, Bekaert can
                                       manage and dispose the
                                       nonhazardous dewatered WWTP
                                       sludge according to all
                                       applicable solid waste
                                       regulations.
                                      (4) Annual Testing:
                                      (A) If Bekaert completes the
                                       quarterly testing specified in
                                       paragraph (3) above and no sample
                                       contains a constituent with a
                                       level which exceeds the limits
                                       set forth in paragraph (1),
                                       Bekaert may begin annual testing
                                       as follows: Bekaert must test one
                                       representative composite sample
                                       of the dewatered WWTP sludge for
                                       all constituents listed in
                                       paragraph (1) at least once per
                                       calendar year.
                                      (B) The sample for the annual
                                       testing shall be a representative
                                       composite sample (according to SW-
                                       846 methodologies) for all
                                       constituents listed in paragraph
                                       (1).
                                      (C) The sample for the annual
                                       testing taken for the second and
                                       subsequent annual testing events
                                       shall be taken within the same
                                       calendar month as the first
                                       annual sample taken.

[[Page 115]]

 
                                      (5) Changes in Operating
                                       Conditions: If Bekaert
                                       significantly changes the process
                                       described in its petition or
                                       starts any processes that
                                       generate(s) the waste that may or
                                       could affect the composition or
                                       type of waste generated as
                                       established under paragraph (1)
                                       (by illustration, but not
                                       limitation, changes in equipment
                                       or operating conditions of the
                                       treatment process), it must
                                       notify the EPA in writing; it may
                                       no longer handle the wastes
                                       generated from the new process as
                                       nonhazardous until the wastes
                                       meet the delisting levels set in
                                       paragraph (1) and it has received
                                       written approval to do so from
                                       the EPA.
                                      (6) Data Submittals: Bekaert must
                                       submit the information described
                                       below. If Bekaert fails to submit
                                       the required data within the
                                       specified time or maintain the
                                       required records on-site for the
                                       specified time, the EPA, at its
                                       discretion, will consider this
                                       sufficient basis to reopen the
                                       exclusion as described in
                                       paragraph (7). Bekaert must:
                                      (A) Submit the data obtained
                                       through paragraph (3) to the
                                       Chief, North Section, RCRA
                                       Enforcement and Compliance
                                       Branch, Waste Division, U. S.
                                       Environmental Protection Agency
                                       Region 4, 61 Forsyth Street, SW.,
                                       Atlanta, Georgia, 30303, within
                                       the time specified.
                                      (B) Compile records of analytical
                                       data from paragraph (3),
                                       summarized, and maintained on-
                                       site for a minimum of five years.
                                      (C) Furnish these records and data
                                       when either the EPA or the State
                                       of Tennessee request them for
                                       inspection.
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted:
                                      ``Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete. If any of this
                                       information is determined by the
                                       EPA in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by the EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
                                      (7) Reopener:
                                      (A) If, anytime after disposal of
                                       the delisted waste Bekaert
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or ground water
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Regional Administrator or his
                                       delegate in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Regional Administrator or his
                                       delegate within ten (10) days of
                                       first possessing or being made
                                       aware of that data.
                                      (B) If either the quarterly or
                                       annual testing of the waste does
                                       not meet the delisting
                                       requirements in paragraph (1),
                                       Bekaert must report the data, in
                                       writing, to the Regional
                                       Administrator or his delegate
                                       within ten (10) days of first
                                       possessing or being made aware of
                                       that data.
                                      (C) If Bekaert fails to submit the
                                       information described in
                                       paragraphs (5), (6)(A) or (6)(B)
                                       or if any other information is
                                       received from any source, the
                                       Regional Administrator or his
                                       delegate will make a preliminary
                                       determination as to whether the
                                       reported information requires the
                                       EPA action to protect human
                                       health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (D) If the Regional Administrator
                                       or his delegate determines that
                                       the reported information requires
                                       action the EPA, the Regional
                                       Administrator or his delegate
                                       will notify the facility in
                                       writing of the actions the
                                       Regional Administrator or his
                                       delegate believes are necessary
                                       to protect human health and the
                                       environment. The notification
                                       shall include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed the EPA action is not
                                       necessary. The facility shall
                                       have ten (10) days from the date
                                       of the Regional Administrator or
                                       his delegate's notice to present
                                       such information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(D) or
                                       (if no information is presented
                                       under paragraph (6)(D)) the
                                       initial receipt of information
                                       described in paragraphs (5),
                                       (6)(A) or (6)(B), the Regional
                                       Administrator or his delegate
                                       will issue a final written
                                       determination describing the EPA
                                       actions that are necessary to
                                       protect human health or the
                                       environment. Any required action
                                       described in the Regional
                                       Administrator or his delegate's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator or his
                                       delegate provides otherwise.
                                      (8) Notification Requirements:
                                       Bekaert must do following before
                                       transporting the delisted waste:
                                      (A) Provide a one-time written
                                       notification to any State
                                       Regulatory Agency to which or
                                       through which it will transport
                                       the delisted waste described
                                       above for disposal, sixty (60)
                                       days before beginning such
                                       activities.

[[Page 116]]

 
                                      (B) Update the one-time written
                                       notification if Bekaert ships the
                                       delisted waste into a different
                                       disposal facility.
                                      (C) Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       variance and a possible
                                       revocation of the decision.
Bethlehem Steel    Sparrows Point,    Stabilized filter cake (at a
 Corporation.       Maryland.          maximum annual rate of 1100 cubic
                                       yards) from the treatment of
                                       wastewater treatment sludges (EPA
                                       Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after [insert date of
                                       publication in Federal Register].
                                       Bethlehem Steel (BSC) must
                                       implement a testing program that
                                       meets the following conditions
                                       for the exclusion to be valid:
                                       (1) Testing: Sample collection
                                       and analyses (including quality
                                       control (QC) procedures) must be
                                       performed 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.
                                       (4) Changes in Operating
                                       Conditions: After completing the
                                       initial verification test period
                                       in Condition (1)(A), if BSC
                                       decides to significantly change
                                       the stabilization process (e.g.,
                                       stabilization reagents) developed
                                       under Condition (1), then BSC
                                       must notify EPA in writing prior
                                       to instituting the change. After
                                       written approval by EPA, BSC may
                                       manage waste generated from the
                                       changed process as non-hazardous
                                       under this exclusion, provided
                                       the other conditions of this
                                       exclusion are fulfilled.
                                       (5) Data Submittals: Two weeks
                                       prior to system start-up, BSC
                                       must notify in writing (see
                                       address below) when stabilization
                                       of the dewatered filter cake will
                                       begin. The data obtained through
                                       Condition (1)(A) must be
                                       submitted to Waste and Chemicals
                                       Management Division (Mail Code
                                       3HW11), U.S. EPA Region III, 1650
                                       Arch St., Philadelphia, PA 19103
                                       within the time period specified.
                                       The analytical data, including
                                       quality control information and
                                       records of ratios of lime kiln
                                       dust and fly ash used, must be
                                       compiled and maintained on site
                                       for a minimum of five years.
                                       These data must be furnished upon
                                       request and made available for
                                       inspection by EPA or the State of
                                       Maryland. Failure to submit the
                                       required data within the
                                       specified time period or maintain
                                       the required records on site for
                                       the specified time will be
                                       considered by the Agency, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:

[[Page 117]]

 
                                       ``Under civil and criminal
                                       penalty of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C Sec. 1001
                                       and 42 U.S.C Sec. 6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete.
                                       As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                       In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.''
BMW Manufacturing  Greer, South       Wastewater treatment sludge (EPA
 Corporation.       Carolina.          Hazardous Waste No. F019) that
                                       BMW Manufacturing Corporation
                                       (BMW) generates by treating
                                       wastewater from automobile
                                       assembly plant located on Highway
                                       101 South in Greer, South
                                       Carolina. This is a conditional
                                       exclusion for up to 2,850 cubic
                                       yards of waste (hereinafter
                                       referred to as ``BMW Sludge'')
                                       that will be generated each year
                                       and disposed in a Subtitle D
                                       landfill after May 2, 2001. With
                                       prior approval by the EPA,
                                       following a public comment
                                       period, BMW may also beneficially
                                       reuse the sludge. BMW must
                                       demonstrate that the following
                                       conditions are met for the
                                       exclusion to be valid.
                                      (1) Delisting Levels: All
                                       leachable concentrations for
                                       these metals must be less than
                                       the following levels (ppm):
                                       Barium--100.0; Cadmium--1.0;
                                       Chromium--5.0; and Lead--5.0. All
                                       leachable concentrations for
                                       cyanide and nickel must not
                                       exceed the following levels
                                       (ppm): Cyanide--33.6; and Nickel--
                                       70.3. These metal and cyanide
                                       concentrations must be measured
                                       in the waste leachate obtained by
                                       the method specified in 40 CFR
                                       261.24, except that for cyanide,
                                       deionized water must be the
                                       leaching medium. The total
                                       concentration of cyanide (total,
                                       not amenable) in the waste, not
                                       the waste leachate, must not
                                       exceed 200 mg/kg. Cyanide
                                       concentrations in waste or
                                       leachate must be measured by the
                                       method specified in 40 CFR
                                       268.40, Note 7. The total
                                       concentrations of metals in the
                                       waste, not the waste leachate,
                                       must not exceed the following
                                       levels (ppm): Barium--2,000;
                                       Cadmium--500; Chromium--1,000;
                                       Lead--2,000; and Nickel--20,000.
                                      (2) Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures, must be
                                       performed according to SW-846
                                       methodologies, where specified by
                                       regulations in 40 CFR parts 260-
                                       270. Otherwise, methods must meet
                                       Performance Based Measurement
                                       System Criteria in which the Data
                                       Quality Objectives are to
                                       demonstrate that representative
                                       samples of the BMW Sludge meet
                                       the delisting levels in Condition
                                       (1).
                                      (A) Initial Verification Testing:
                                       BMW must conduct verification
                                       sampling initially when test runs
                                       of aluminum vehicle parts are run
                                       and again when production of
                                       vehicles with aluminum body parts
                                       commences. For verification
                                       sampling during the test runs,
                                       BMW must collect and analyze a
                                       minimum of four composite samples
                                       of the dewatered sludge that is
                                       generated from wastewater treated
                                       during the time of the test runs.
                                       For verification sampling at the
                                       initiation of the production of
                                       vehicle models with aluminum
                                       parts, BMW must collect a minimum
                                       of four composite samples from
                                       the first roll-off box of sludge
                                       generated after production of
                                       automobiles with aluminum parts
                                       reaches 50 units per day. BMW
                                       must analyze for the constituents
                                       listed in Condition (1). If BMW
                                       chooses to beneficially reuse
                                       sludge, and the reuse has been
                                       approved by EPA, following a
                                       public comment period,
                                       verification testing of the
                                       sludge must consist of analyzing
                                       a minimum of four composite
                                       samples of the sludge for the
                                       constituents listed in Condition
                                       (1).
                                      (B) Subsequent Verification
                                       Testing: If the initial
                                       verification testing in Condition
                                       (2)(A) is successful for both the
                                       test runs and the commencement of
                                       production, i.e., delisting
                                       levels of Condition (1) are met
                                       for all of the composite samples,
                                       BMW must implement an annual
                                       testing program to demonstrate
                                       that constituent concentrations
                                       measured in the TCLP extract and
                                       total concentrations measured in
                                       the unextracted waste do not
                                       exceed the delisting levels
                                       established in Condition (1).
                                      (3) Waste Holding and Handling:
                                       BMW must store as hazardous all
                                       BMW Sludge generated until
                                       verification testing, as
                                       specified in Condition (2)(A), is
                                       completed and valid analyses
                                       demonstrate that Condition (1) is
                                       satisfied. If the levels of
                                       constituents measured in the
                                       composite samples of BMW Sludge
                                       do not exceed the levels set
                                       forth in Condition (1), then the
                                       BMW Sludge is non-hazardous and
                                       must be managed in accordance
                                       with all applicable solid waste
                                       regulations. If constituent
                                       levels in a composite sample
                                       exceed any of the delisting
                                       levels set forth in Condition
                                       (1), the batch of BMW Sludge
                                       generated during the time period
                                       corresponding to this sample must
                                       be managed and disposed of in
                                       accordance with Subtitle C of
                                       RCRA.

[[Page 118]]

 
                                      (4) Changes in Operating
                                       Conditions: BMW must notify EPA
                                       in writing when significant
                                       changes in the manufacturing or
                                       wastewater treatment processes
                                       are implemented. EPA will
                                       determine whether these changes
                                       will result in additional
                                       constituents of concern. If so,
                                       EPA will notify BMW in writing
                                       that the BMW Sludge must be
                                       managed as hazardous waste F019
                                       until BMW has demonstrated that
                                       the wastes meet the delisting
                                       levels set forth in Condition (1)
                                       and any levels established by EPA
                                       for the additional constituents
                                       of concern, and BMW has received
                                       written approval from EPA. If EPA
                                       determines that the changes do
                                       not result in additional
                                       constituents of concern, EPA will
                                       notify BMW, in writing, that BMW
                                       must verify that the BMW Sludge
                                       continues to meet Condition (1)
                                       delisting levels.
                                      (5) Data Submittals: Data obtained
                                       in accordance with Condition
                                       (2)(A) must be submitted to
                                       Jewell Grubbs, Chief, RCRA
                                       Enforcement and Compliance
                                       Branch, Mail Code: 4WD-RCRA, U.S.
                                       EPA, Region 4, Sam Nunn Atlanta
                                       Federal Center, 61 Forsyth
                                       Street, Atlanta, Georgia 30303.
                                       This submission is due no later
                                       than 60 days after filling the
                                       first roll-off box of BMW Sludge
                                       to be disposed in accordance with
                                       delisting Conditions (1) through
                                       (7) for both the test runs and
                                       again for the commencement of
                                       production. Records of analytical
                                       data from Condition (2) must be
                                       compiled, summarized, and
                                       maintained by BMW for a minimum
                                       of three years, and must be
                                       furnished upon request by EPA or
                                       the State of South Carolina, and
                                       made available for inspection.
                                       Failure to submit the required
                                       data within the specified time
                                       period or maintain the required
                                       records for the specified time
                                       will be considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the certification
                                       statement in 40 CFR
                                       260.22(i)(12).
                                      (6) Reopener Language: (A) If, at
                                       any time after disposal of the
                                       delisted waste, BMW possesses or
                                       is otherwise made aware of any
                                       environmental data (including but
                                       not limited to leachate data or
                                       groundwater monitoring data) or
                                       any other data relevant to the
                                       delisted waste indicating that
                                       any constituent identified in the
                                       delisting verification testing is
                                       at a level higher than the
                                       delisting level allowed by EPA in
                                       granting the petition, BMW must
                                       report the data, in writing, to
                                       EPA within 10 days of first
                                       possessing or being made aware of
                                       that data. (B) If the testing of
                                       the waste, as required by
                                       Condition (2)(B), does not meet
                                       the delisting requirements of
                                       Condition (1), BMW must report
                                       the data, in writing, to EPA
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data. (C) Based on the
                                       information described in
                                       paragraphs (6)(A) or (6)(B) and
                                       any other information received
                                       from any source, EPA will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires that EPA take action to
                                       protect human health or the
                                       environment. Further action may
                                       include suspending or revoking
                                       the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and the
                                       environment. (D) If EPA
                                       determines that the reported
                                       information does require Agency
                                       action, EPA will notify the
                                       facility in writing of the action
                                       believed necessary to protect
                                       human health and the environment.
                                       The notice shall include a
                                       statement of the proposed action
                                       and a statement providing BMW
                                       with an opportunity to present
                                       information as to why the
                                       proposed action is not necessary.
                                       BMW shall have 10 days from the
                                       date of EPA's notice to present
                                       such information. (E) Following
                                       the receipt of information from
                                       BMW, as described in paragraph
                                       (6)(D), or if no such information
                                       is received within 10 days, EPA
                                       will issue a final written
                                       determination describing the
                                       Agency actions that are necessary
                                       to protect human health or the
                                       environment, given the
                                       information received in
                                       accordance with paragraphs (6)(A)
                                       or (6)(B). Any required action
                                       described in EPA's determination
                                       shall become effective
                                       immediately, unless EPA provides
                                       otherwise.
                                      (7) Notification Requirements: BMW
                                       must provide a one-time written
                                       notification to any State
                                       Regulatory Agency in a State to
                                       which or through which the
                                       delisted waste described above
                                       will be transported, at least 60
                                       days prior to the commencement of
                                       such activities. Failure to
                                       provide such a notification will
                                       result in a violation of the
                                       delisting conditions and a
                                       possible revocation of the
                                       decision to delist.
Boeing Commercial  Auburn,            Residually contaminated soils in
 Airplane Co..      Washington.        an inactive sludge pile
                                       containment area on March 27,
                                       1990, previously used to store
                                       wastewater treatment sludges
                                       generated from electroplating
                                       operations (EPA Hazardous Waste
                                       No. F006).
Bommer Industries  Landrum, SC......  Wastewater treatment sludges (EPA
 Inc..                                 Hazardous Waste No. F006)
                                       generated from their
                                       electroplating operations and
                                       contained in evaporation ponds
                                       1 and 2 on
                                       August 12, 1987.
BWX] Technologies  Lynchburg, VA....  Wastewater treatment sludge from
                                       electroplating operations (EPA
                                       Hazardous Waste No. F006)
                                       generated at a maximum annual
                                       rate of 500 cubic yards per year,
                                       after January 14, 2000, and
                                       disposed of in a Subtitle D
                                       landfill. BWX Technologies must
                                       meet the following conditions for
                                       the exclusion to be valid:
                                      (1) Delisting Levels: All
                                       leachable concentrations for the
                                       following constituents measure
                                       using the SW-846 method 1311 (the
                                       TCLP) must not exceed the
                                       following levels (mg/l). (a)
                                       Inorganic constituents--Antimony-
                                       0.6; Arsenic-5.0; Barium-100;
                                       Beryllium-0.4; Cadmium-0.5;
                                       Chromium-5.0; Cobalt-210; Copper-
                                       130; Lead-1.5; Mercury-0.2;
                                       Nickel-70; Silver-5.0; Thallium-
                                       0.2; Tin-2100; Zinc-1000;
                                       Fluoride-400. (b) Organic
                                       constituents--Acetone-400;
                                       Methylene Chloride-0.5.

[[Page 119]]

 
                                      (2) Verification testing schedule:
                                       BWX Technologies must analyze a
                                       representative sample of the
                                       filter cake from the pickle acid
                                       treatment system on an annual,
                                       calendar year basis using methods
                                       with appropriate detection levels
                                       and quality control procedures.
                                       If the level of any constituent
                                       measured in the sample of filter
                                       cake exceeds the levels set forth
                                       in Paragraph 1, then the waste is
                                       hazardous and must be managed in
                                       accordance with Subtitle C of
                                       RCRA. Data from the annual
                                       verification testing must be
                                       submitted to EPA within 60 days
                                       of the sampling event.
                                      (3) Changes in Operating
                                       Conditions: If BWX Technologies
                                       significantly changes the
                                       manufacturing or treatment
                                       process described in the
                                       petition, or the chemicals used
                                       in the manufacturing or treatment
                                       process, BWX Technologies may not
                                       manage the filter cake generated
                                       from the new process under this
                                       exclusion until it has met the
                                       following conditions: (a) BWX
                                       Technologies must demonstrate
                                       that the waste meets the
                                       delisting levels set forth in
                                       Paragraph 1; (b) it must
                                       demonstrate that no new hazardous
                                       constituents listed in appendix
                                       VIII of part 261 have been
                                       introduced into the manufacturing
                                       or treatment process: and (c) it
                                       must obtain prior written
                                       approval from EPA to manage the
                                       waste under this exclusion.
                                      (4) Data Submittals: The data
                                       obtained under Paragraphs 2 and 3
                                       must be submitted to The Waste
                                       and Chemicals Management
                                       Division, U.S. EPA Region III,
                                       1650 Arch Street, Philadelphia,
                                       PA 19103. Records of operating
                                       conditions and analytical data
                                       must be compiled, summarized, and
                                       maintained on site for a minimum
                                       of five years and must be
                                       furnished upon request by EPA or
                                       the Commonwealth of Virginia, and
                                       made available for inspection.
                                       Failure to submit the required
                                       data within the specified time
                                       period or to maintain the
                                       required records on site for the
                                       specified time period will be
                                       considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent determined necessary by
                                       EPA. All data must be accompanied
                                       by a signed copy of the
                                       certification statement set forth
                                       in 40 CFR 260.22(i)(12) to attest
                                       to the truth and accuracy of the
                                       data submitted.
                                      (5) Reopener:
                                      (a) If BWX Technologies discovers
                                       that a condition at the facility
                                       or an assumption related to the
                                       disposal of the excluded waste
                                       that was modeled or predicted in
                                       the petition does not occur as
                                       modeled or predicted, then BWX
                                       Technologies must report any
                                       information relevant to that
                                       condition, in writing, to the
                                       Regional Administrator or his
                                       delegate within 10 days of
                                       discovering that condition.
                                      (b) Upon receiving information
                                       described in paragraph (a) of
                                       this section, regardless of its
                                       source, the Regional
                                       Administrator or his delegate
                                       will determine whether the
                                       reported condition requires
                                       further action. Further action
                                       may include repealing the
                                       exclusion, modifying the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (6) Notification Requirements: BWX
                                       Technologies must provide a one-
                                       time written notification to any
                                       State Regulatory Agency to which
                                       or through which the delisted
                                       waste described above will be
                                       transported for disposal at least
                                       60 days prior to the commencement
                                       of such activities. Failure to
                                       provide such a notification will
                                       be deemed to be a violation of
                                       this exclusion and may result in
                                       a revocation of the decision.
Capitol Products   Harrisburg, PA...  Dewatered wastewater treatment
 Corp..                                sludges (EPA Hazardous Waste No.
                                       FO19) generated from the chemical
                                       conversion coating of aluminum
                                       after September 12, 1986.
Capitol Products   Kentland, IN.....  Dewatered wastewater treatment
 Corporation.                          sludges (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum
                                       after November 17, 1986.
Care Free          Charlotte,         Wastewater treatment sludge (EPA
 Aluminum           Michigan.          Hazardous Waste No. F019)
 Products, Inc..                       generated from the chemical
                                       conversion coating of aluminum
                                       (generated at a maximum annual
                                       rate of 100 cubic yards), after
                                       August 21, 1992. In order to
                                       confirm that the characteristics
                                       of the waste do not change
                                       significantly, the facility must,
                                       on an annual basis, analyze a
                                       representative composite sample
                                       for the constituents listed in
                                       Sec. 261.24 using the method
                                       specified therein. The annual
                                       analytical results, including
                                       quality control information, must
                                       be compiled, certified according
                                       to Sec. 260.22(i)(12),
                                       maintained on-site for a minimum
                                       of five years, and made available
                                       for inspection upon request by
                                       any employee or representative of
                                       EPA or the State of Michigan.
                                       Failure to maintain the required
                                       records on-site will be
                                       considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA.
Chamberlian-       Hot Springs, AR..  Dewatered wastewater treatment
 Featherlite,                          sludges (EPA Hazardous Waste No.
 Inc..                                 F019) generated from the chemical
                                       conversion coating of aluminum
                                       after July 16, 1986.
Cincinnati         Cincinnati, OH...  Sluiced bottom ash (approximately
 Metropolitan                          25,000 cubic yards) contained in
 Sewer District.                       the South Lagoon, on September
                                       13, 1985 which contains EPA
                                       Hazardous Waste Nos. F001, F002,
                                       F003, F004, and F005.
Clay Equipment     Cedar Falls, Iowa  Dewatered wastewater treatment
 Corporation.                          sludges (EPA Hazardous Waste No.
                                       F006) and spent cyanide bath
                                       solutions (EPA Hazardous Waste
                                       No. F009) generated from
                                       electroplating operations and
                                       disposed of in an on-site surface
                                       impoundment. This is a onetime
                                       exclusion. This exclusion was
                                       published on August 1, 1989.
Continental Can    Olympia, WA......  Dewatered wastewater treatment
 Co..                                  sludges (DPA Hazardous Waste No.
                                       FO19) generated from the chemical
                                       conversion coating of aluminum
                                       after September 12, 1986.

[[Page 120]]

 
Daimler Chrysler   Jefferson North    Waste water treatment plant
 Corporation.       Assembly Plant,    sludge, F019, that is generated
                    Detroit,           by DaimlerChrysler Corporation at
                    Michigan.          the Jefferson North Assembly
                                       Plant (DCC-JNAP) at a maximum
                                       annual rate of 2,000 cubic yards
                                       per year. The sludge must be
                                       disposed of in a lined landfill
                                       with leachate collection, which
                                       is licensed, permitted, or
                                       otherwise authorized to accept
                                       the delisted wastewater treatment
                                       sludge in accordance with 40 CFR
                                       part 258. The exclusion becomes
                                       effective as of February 26,
                                       2004.
                                      1. Delisting Levels: (A) The
                                       concentrations in a TCLP extract
                                       of the waste measured in any
                                       sample may not exceed the
                                       following levels (mg/L):
                                       Antimony--0.659; Arsenic--0.3;
                                       Cadmium--0.48; Chromium--4.95;
                                       Lead--5; Nickel--90.5; Selenium--
                                       1; Thallium--0.282; Tin--721;
                                       Zinc--898; Acetone--228; p-
                                       Cresol--11.4; Formaldehyde--84.2;
                                       and Methylene chloride--0.288.
                                       (B) The total concentrations
                                       measured in any sample may not
                                       exceed the following levels (mg/
                                       kg): Mercury--8.92; and
                                       Formaldehyde--689. (C) The sum of
                                       the ratios of the TCLP
                                       concentrations to the delisting
                                       levels for nickel and either
                                       thallium or cadmium shall not
                                       exceed 1.0.
                                      2. Quarterly Verification Testing:
                                       To verify that the waste does not
                                       exceed the specified delisting
                                       levels, DCC-JNAP must collect and
                                       analyze one representative sample
                                       of the waste on a quarterly
                                       basis.
                                      3. Changes in Operating
                                       Conditions: DCC-JNAP must notify
                                       the EPA in writing if the
                                       manufacturing process, the
                                       chemicals used in the
                                       manufacturing process, the
                                       treatment process, or the
                                       chemicals used in the treatment
                                       process significantly change. DCC-
                                       JNAP must handle wastes generated
                                       after the process change as
                                       hazardous until it has
                                       demonstrated that the wastes
                                       continue to meet the delisting
                                       levels and that no new hazardous
                                       constituents listed in appendix
                                       VIII of part 261 have been
                                       introduced and it has received
                                       written approval from EPA.
                                      4. Data Submittals: DCC-JNAP must
                                       submit the data obtained through
                                       verification testing or as
                                       required by other conditions of
                                       this rule to both U.S. EPA Region
                                       5, Waste Management Branch (DW-
                                       8J), 77 W. Jackson Blvd.,
                                       Chicago, IL 60604 and MDEQ, Waste
                                       Management Division, Hazardous
                                       Waste Program Section, at P.O.
                                       Box 30241, Lansing, Michigan
                                       48909. The quarterly verification
                                       data and certification of proper
                                       disposal must be submitted
                                       annually upon the anniversary of
                                       the effective date of this
                                       exclusion. The facility must
                                       compile, summarize, and maintain
                                       on site for a minimum of five
                                       years records of operating
                                       conditions and analytical data.
                                       The facility must make these
                                       records available for inspection.
                                       All data must be accompanied by a
                                       signed copy of the certification
                                       statement in 40 CFR
                                       260.22(i)(12).
                                      5. Reopener Language--(a) If,
                                       anytime after disposal of the
                                       delisted waste, DCC-JNAP
                                       possesses or is otherwise made
                                       aware of any data (including but
                                       not limited to leachate data or
                                       groundwater monitoring data)
                                       relevant to the delisted waste
                                       indicating that any constituent
                                       is at a level in the leachate
                                       higher than the specified
                                       delisting level, or is in the
                                       groundwater at a concentration
                                       higher than the maximum allowable
                                       groundwater concentration in
                                       paragraph (e), then DCC-JNAP must
                                       report such data, in writing, to
                                       the Regional Administrator within
                                       10 days of first possessing or
                                       being made aware of that data.
                                      (b) Based on the information
                                       described in paragraph (a) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (c) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify DCC-
                                       JNAP in writing of the actions
                                       the Regional Administrator
                                       believes are necessary to protect
                                       human health and the environment.
                                       The notice shall include a
                                       statement of the proposed action
                                       and a statement providing DCC-
                                       JNAP with an opportunity to
                                       present information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. DCC-JNAP
                                       shall have 30 days from the date
                                       of the Regional Administrator's
                                       notice to present the
                                       information.
                                      (d) If after 30 days the facility
                                       presents no further information,
                                       the Regional Administrator will
                                       issue a final written
                                       determination describing the
                                       Agency actions that are necessary
                                       to protect human health or the
                                       environment. Any required action
                                       described in the Regional
                                       Administrator's determination
                                       shall become effective
                                       immediately, unless the Regional
                                       Administrator provides otherwise.
                                      (e) Maximum Allowable Groundwater
                                       Concentrations ([micro]g/L):
                                       Antimony--6; Arsenic--4.87;
                                       Cadmium--5; Chromium--100; Lead--
                                       15; Nickel--750; Selenium--50;
                                       Thallium--2; Tin--22,500; Zinc--
                                       11,300; acetone--3,750; p-Cresol--
                                       188; Formaldehyde--1,380; and
                                       Methylene chloride--5.
Dover Corp.,       Tulsa, OK........  Dewatered wastewater treatment
 Norris Div..                          sludge (EPA Hazardous Waste No.
                                       FO06) generated from their
                                       electroplating operations after
                                       April 29, 1986.
DuraTherm,         San Leon, Texas..  Desorber solids, (at a maximum
 Incorporated.                         generation of 20,000 cubic yards
                                       per calendar year) generated by
                                       DuraTherm using the thermal
                                       desorption treatment process,
                                       (EPA Hazardous Waste No. F037 and
                                       F038) and that is disposed of in
                                       subtitle D landfills after April
                                       24, 2000.
                                      For the exclusion to be valid,
                                       DuraTherm must implement a
                                       testing program that meets the
                                       following Paragraphs:

[[Page 121]]

 
                                      (1) Delisting Levels: All
                                       leachable concentrations for
                                       those constituents must not
                                       exceed the following levels
                                       (ppm). The petitioner must use an
                                       acceptable leaching method, for
                                       example SW-846, Method 1311 to
                                       measure constituents in the waste
                                       leachate.
                                      Desorber solids (i) Inorganic
                                       Constituents Arsenic--1.35;
                                       Antimony--0.162; Barium--54.0;
                                       Beryllium--0.108; Cadmium--0.135;
                                       Chromium--0.6; Lead--0.405;
                                       Nickel--2.7; Selenium--1.0;
                                       Silver--5.0; Vanadium--5.4; Zinc--
                                       270.
                                      (ii) Organic Constituents
                                       Anthracene--0.28; Benzene--0.135;
                                       Benzo(a) anthracene--0.059;
                                       Benzo(b)fluoranthene--0.11;
                                       Benzo(a)pyrene--0.061; Bis-
                                       ethylhexylphthalate--0.28; Carbon
                                       Disulfide--3.8; Chlorobenzene--
                                       0.057; Chrysene--0.059; o,m,p
                                       Cresols--54; Dibenzo (a,h)
                                       anthracene--0.055; 2,4 Dimethyl
                                       phenol--18.9; Dioctyl phthalate--
                                       0.017; Ethylbenzene--0.057;
                                       Fluoranthene--0.068; Fluorene--
                                       0.059; Naphthalene--0.059;
                                       Phenanthrene--0.059; Phenol--6.2;
                                       Pyrene--0.067; Styrene--2.7;
                                       Trichloroethylene--0.054;
                                       Toluene--0.08; Xylene--0.032
                                      (2) Waste Holding and Handling:
                                       (A) DuraTherm must store the
                                       desorber solids as described in
                                       its RCRA permit, or continue to
                                       dispose of as hazardous all
                                       desorber solids generated, until
                                       they have completed verification
                                       testing described in Paragraph
                                       (3)(A) and (B), as appropriate,
                                       and valid analyses show that
                                       paragraph (1) is satisfied.
                                      (B) In order to isolate wastes
                                       that have been processed in the
                                       unit prior to one of the waste
                                       codes to be delisted, DuraTherm
                                       must designate the first batch of
                                       F037, F038, K048, K049, K050, or
                                       K051 wastes as hazardous.
                                       Subsequent batches of these
                                       wastes which satisfy paragraph
                                       (1) are eligible for delisting if
                                       they meet the criteria in
                                       paragraph (1) and no additional
                                       constituents (other than those of
                                       the delisted waste streams) from
                                       the previously processed wastes
                                       are detected.
                                      (C) Levels of constituents
                                       measured in the samples of the
                                       desorber solids that do not
                                       exceed the levels set forth in
                                       Paragraph (1) are nonhazardous.
                                       DuraTherm can manage and dispose
                                       the nonhazardous desorber solids
                                       according to all applicable solid
                                       waste regulations.
                                      (D) If constituent levels in a
                                       sample exceed any of the
                                       delisting levels set in Paragraph
                                       (1), DuraTherm must retreat or
                                       stabilize the batches of waste
                                       used to generate the
                                       representative sample until it
                                       meets the levels in paragraph(1).
                                       DuraTherm must repeat the
                                       analyses of the treated waste.
                                      (E) If the facility has not
                                       treated the waste, DuraTherm must
                                       manage and dispose the waste
                                       generated under subtitle C of
                                       RCRA.
                                      (3) Verification Testing
                                       Requirements: DuraTherm must
                                       perform sample collection and
                                       analyses, including quality
                                       control procedures, according to
                                       SW-846 methodologies. If EPA
                                       judges the process to be
                                       effective under the operating
                                       conditions used during the
                                       initial verification testing,
                                       DuraTherm may replace the testing
                                       required in Paragraph (3)(A) with
                                       the testing required in Paragraph
                                       (3)(B). DuraTherm must continue
                                       to test as specified in Paragraph
                                       (3)(A) until and unless notified
                                       by EPA in writing that testing in
                                       Paragraph (3)(A) may be replaced
                                       by Paragraph (3)(B).
                                      (A) Initial Verification Testing:
                                       After EPA grants the final
                                       exclusion, DuraTherm must do the
                                       following:
                                      (i) Collect and analyze composites
                                       of the desorber solids.
                                      (ii) Make two composites of
                                       representative grab samples
                                       collected.
                                      (iii) Analyze the waste, before
                                       disposal, for all of the
                                       constituents listed in Paragraph
                                       1.
                                      (iv) Sixty (60) days after this
                                       exclusion becomes final, report
                                       the operational and analytical
                                       test data, including quality
                                       control information.
                                      (v) Submit the test plan for
                                       conducting the multiple pH
                                       leaching procedure to EPA for
                                       approval at least 10 days before
                                       conducting the analysis.
                                      (vi) Conduct a multiple pH
                                       leaching procedure on 10 samples
                                       collected during the sixty-day
                                       test period.
                                      (vii) The ten samples should
                                       include both non-stabilized and
                                       stabilized residual solids. If
                                       none of the samples collected
                                       during the sixty-day test period
                                       need to be stabilized, DuraTherm
                                       should provide multiple pH data
                                       on the first sample of stabilized
                                       wastes generated.
                                      (vii) Perform the toxicity
                                       characteristic leaching procedure
                                       using three different pH
                                       extraction fluids to simulate
                                       disposal under three conditions
                                       and submit the results within 60
                                       days of completion. Simulate an
                                       acidic landfill environment,
                                       basic landfill environment, and a
                                       landfill environment similar to
                                       the pH of the waste.
                                      (B) Subsequent Verification
                                       Testing: Following written
                                       notification by EPA, DuraTherm
                                       may substitute the testing
                                       conditions in (3)(B) for
                                       (3)(A)(i). DuraTherm must
                                       continue to monitor operating
                                       conditions, and analyze
                                       representative samples each
                                       quarter of operation during the
                                       first year of waste generation.
                                       The samples must represent the
                                       waste generated in one quarter.
                                       DuraTherm must run the multiple
                                       pH procedure on these waste
                                       samples.
                                      (C) Termination of Organic
                                       Testing: (i) DuraTherm must
                                       continue testing as required
                                       under Paragraph (3)(B) for
                                       organic constituents in Paragraph
                                       (1)(A)(ii), until the analytical
                                       results submitted under Paragraph
                                       (3)(B) show a minimum of two
                                       consecutive samples below the
                                       delisting levels in Paragraph
                                       (1)(A)(i), DuraTherm may then
                                       request that EPA stop quarterly
                                       organic testing. After EPA
                                       notifies DuraTherm in writing,
                                       the company may end quarterly
                                       organic testing.
                                      (ii) Following cancellation of the
                                       quarterly testing, DuraTherm must
                                       continue to test a representative
                                       composite sample for all
                                       constituents listed in Paragraph
                                       (1) annually (by twelve months
                                       after final exclusion).

[[Page 122]]

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

[[Page 123]]

 
                                      (A) Provide a one-time written
                                       notification to any State
                                       Regulatory Agency to which or
                                       through which they will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update the one-time written
                                       notification if they ship the
                                       delisted waste into a different
                                       disposal facility.
Eastman Chemical   Longview, Texas..  Wastewater treatment sludge, (at a
 Company.                              maximum generation of 82,100
                                       cubic yards per calendar year)
                                       generated by Eastman (EPA
                                       Hazardous Waste Nos. F001, F002,
                                       F003, F005 generated at Eastman
                                       when disposed of in a Subtitle D
                                       landfill.
                                      Eastman must implement a testing
                                       program that meets the following
                                       conditions for the exclusion to
                                       be valid:
                                      (1) Delisting Levels: All
                                       concentrations for the following
                                       constituents must not exceed the
                                       following levels (mg/l). For the
                                       wastewater treatment sludge
                                       constituents must be measured in
                                       the waste leachate by the method
                                       specified in 40 CFR 261.24.
                                       Wastewater treatment sludge:
                                      (i) Inorganic Constituents:
                                       Antimony-0.0515; Barium-7.30;
                                       Cobalt-2.25; Chromium-5.0; Lead-
                                       5.0; Mercury-0.0015; Nickel-2.83;
                                       Selenium-0.22; Silver-0.384;
                                       Vanadium-2.11; Zinc-28.0
                                      (ii) Organic Constituents:
                                       Acenaphthene-1.25; Acetone--7.13;
                                       bis(2-ethylhexylphthalate--0.28;
                                       2-butanone--42.8; Chloroform--
                                       0.0099; Fluorene--0.55; Methanol-
                                       35.7; Methylene Chloride--0.486;
                                       naphthalene-0.0321.
                                      (2) Waste Holding and Handling: If
                                       the concentrations of the sludge
                                       exceed the levels provided in
                                       Condition 1, then the sludge must
                                       be treated in the Fluidized Bed
                                       Incinerator (FBI) and meet the
                                       requirements of that September
                                       25, 1996 delisting exclusion to
                                       be non-hazardous (as FBI ash). If
                                       the sludge meets the delisting
                                       levels provided in Condition 1,
                                       then it's non-hazardous (as
                                       sludge). If the waste water
                                       treatment sludge is not managed
                                       in the manner above, Eastman must
                                       manage it in accordance with
                                       applicable RCRA Subtitle C
                                       requirements. If the levels of
                                       constituents measured in the
                                       samples of the waste water
                                       treatment sludge do not exceed
                                       the levels set forth in Condition
                                       (1), then the waste is
                                       nonhazardous and may be managed
                                       and disposed of in accordance
                                       with all applicable solid waste
                                       regulations. During the
                                       verification period, Eastman must
                                       manage the waste in the FBI
                                       incinerator prior to disposal.
                                      (3) Verification Testing
                                       Requirements: Eastman must
                                       perform sample collection and
                                       analyses, including quality
                                       control procedures, according to
                                       SW-846 methodologies. After
                                       completion of the initial
                                       verification period, Eastman may
                                       replace the testing required in
                                       Condition (3)(A) with the testing
                                       required in Condition (3)(B).
                                       Eastman must continue to test as
                                       specified in Condition (3)(A)
                                       until and unless notified by EPA
                                       in writing that testing in
                                       Condition (3)(A) may be replaced
                                       by Condition (3)(B).
                                      (A) Initial Verification Testing:
                                       At quarterly intervals for one
                                       year after the final exclusion is
                                       granted, Eastman must collect and
                                       analyze composites of the
                                       wastewater treatment sludge for
                                       constituents listed in Condition
                                       (1).
                                      (B) Subsequent Verification
                                       Testing: Following termination of
                                       the quarterly testing, Eastman
                                       must continue to test a
                                       representative composite sample
                                       for all constituents listed in
                                       Condition (1) on an annual basis
                                       (no later than twelve months
                                       after the final exclusion).
                                      (4) Changes in Operating
                                       Conditions. If Eastman
                                       significantly changes the process
                                       which generate(s) the waste(s)
                                       and which may or could affect the
                                       composition or type of waste(s)
                                       generated as established under
                                       Condition (1) (by illustration,
                                       but not limitation, change in
                                       equipment or operating conditions
                                       of the treatment process or
                                       generation of volumes in excess
                                       82,100 cubic yards of waste
                                       annually), Eastman must (A)
                                       notify the EPA in writing of the
                                       change and (B) may no longer
                                       handle or manage the waste
                                       generated from the new process as
                                       nonhazardous until Eastman has
                                       demonstrated through testing the
                                       waste meets the delisting levels
                                       set in Condition (1) and (C)
                                       Eastman has received written
                                       approval to begin managing the
                                       wastes as non-hazardous from EPA.
                                      (5) Data Submittals. Eastman must
                                       submit or maintain, as
                                       applicable, the information
                                       described below. If Eastman fails
                                       to submit the required data
                                       within the specified time or
                                       maintain the required records on-
                                       site for the specified time, EPA,
                                       at its discretion, will consider
                                       this sufficient basis to reopen
                                       the exclusion as described in
                                       Condition (6). Eastman must:
                                      (A) Submit the data obtained
                                       through Condition (3) to Mr.
                                       William Gallagher, Chief, Region
                                       6 Delisting Program, EPA, 1445
                                       Ross Avenue, Dallas, Texas 75202-
                                       2733, Mail Code, (6PD-O) within
                                       the time specified.
                                      (B) Compile records of operating
                                       conditions and analytical data
                                       from Condition (3), summarized,
                                       and maintained on-site for a
                                       minimum of five years.
                                      (C) Furnish these records and data
                                       when EPA or the State of Texas
                                       request them for inspection.
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted:
                                      (i) Under civil and criminal
                                       penalty of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.

[[Page 124]]

 
                                      (ii) As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      (iii) If any of this information
                                       is determined by EPA in its sole
                                       discretion to be false,
                                       inaccurate or incomplete, and
                                       upon conveyance of this fact to
                                       the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      (6) Reopener Language:
                                      (A) If, anytime after disposal of
                                       the delisted waste, Eastman
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Regional Administrator or his
                                       delegate in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Regional Administrator or his
                                       delegate within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (B) If the annual testing of the
                                       waste does not meet the delisting
                                       requirements in Condition (1),
                                       Eastman must report the data, in
                                       writing, to the Regional
                                       Administrator or his delegate
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (C) If Eastman fails to submit the
                                       information described in
                                       Conditions (5),(6)(A) or (6)(B)
                                       or if any other information is
                                       received from any source, the
                                       Regional Administrator or his
                                       delegate will make a preliminary
                                       determination as to whether the
                                       reported information requires
                                       Agency action to protect human
                                       health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (D) If the Regional Administrator
                                       or his delegate determines that
                                       the reported information does
                                       require Agency action, the
                                       Regional Administrator or his
                                       delegate will notify the facility
                                       in writing of the actions the
                                       Regional Administrator or his
                                       delegate believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Regional Administrator or his
                                       delegate's notice to present such
                                       information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in Condition (6)(D) or
                                       (if no information is presented
                                       under Condition (6)(D)) the
                                       initial receipt of information
                                       described in Conditions (5),
                                       (6)(A) or (6)(B), the Regional
                                       Administrator or his delegate
                                       will issue a final written
                                       determination describing the
                                       Agency actions that are necessary
                                       to protect human health or the
                                       environment. Any required action
                                       described in the Regional
                                       Administrator or his delegate's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator or his
                                       delegate provides otherwise.
                                      (7) Notification Requirements.
                                       Eastman must do following before
                                       transporting the delisted waste
                                       off-site: Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the exclusion.
                                      (A) Provide a one-time written
                                       notification to any State
                                       Regulatory Agency to which or
                                       through which they will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update the one-time written
                                       notification if they ship the
                                       delisted waste into a different
                                       disposal facility.
Eli Lilly and      Clinton, Indiana.  Incinerator scrubber liquids,
 Company.                              entering and contained in their
                                       onsite surface impoundment, and
                                       solids settling from these
                                       liquids originating from the
                                       burning of spent solvents (EPA
                                       Hazardous Waste Nos. F002, F003,
                                       and F005) contained in their
                                       onsite surface impoundment and
                                       solids retention area on August
                                       18, 1988 and any new incinerator
                                       scubber liquids and settled
                                       solids generated in the surface
                                       impoundment and and disposed of
                                       in the retention are after August
                                       12, 1988.
Envirite of        Harvey, Illinois.  See waste description under
 Illinois                              Envirite of Pennsylvania.
 (formerly
 Envirite
 Corporation).
Envirite of Ohio   Canton, Ohio.....  See waste description under
 (formerly                             Envirite of Pennsylvania.
 Envirite
 Corporation).

[[Page 125]]

 
Envirite of        York,              Dewatered wastewater sludges (EPA
 Pennsylvania       Pennsylvania.      Hazardous Waste No .F006)
 (formerly                             generated from electroplating
 Envirite                              operations; spent cyanide plating
 Corporation).                         solutions (EPA Hazardous Waste
                                       No. F007) generated from
                                       electroplating operations;
                                       plating bath residues from the
                                       bottom of plating baths (EPA
                                       Hazardous Waste No. F008)
                                       generated from electroplating
                                       operations where cyanides are
                                       used in the process; spent
                                       stripping and cleaning bath
                                       solutions (EPA Hazardous Waste
                                       No. F009) generated from
                                       electroplating operations where
                                       cyanides are used in the process;
                                       spent cyanide solutions from salt
                                       bath pot cleaning (EPA Hazardous
                                       Waste No. F011) generated from
                                       metal heat treating operations;
                                       quenching wastewater treatment
                                       sludges (EPA Hazardous Waste No.
                                       F012) generated from metal heat
                                       treating where cyanides are used
                                       in the process; wastewater
                                       treatment sludges (EPA Hazardous
                                       Waste No. F019) generated from
                                       the chemical conversion coating
                                       of aluminum after November 14,
                                       1986. To ensure that hazardous
                                       constituents are not present in
                                       the waste at levels of regulatory
                                       concern, the facility must
                                       implement a contingency testing
                                       program for the petitioned waste.
                                       This testing program must meet
                                       the following conditions for the
                                       exclusions to be valid:
                                      (1) Each batch of treatment
                                       residue must be representatively
                                       sampled and tested using the EP
                                       Toxicity test for arsenic,
                                       barium, cadmium, chromium, lead,
                                       selenium, silver, mercury, and
                                       nickel. If the extract
                                       concentrations for chromium,
                                       lead, arsenic, and silver exceed
                                       0.315 ppm; barium levels exceed
                                       6.3 ppm; cadmium and selenium
                                       exceed 0.063 ppm; mercury exceeds
                                       0.0126 ppm; or nickel levels
                                       exceed 2.205 ppm; the waste must
                                       be re-treated or managed and
                                       disposed as a hazardous waste
                                       under 40 CFR Parts 262 to 265 and
                                       the permitting standards of 40
                                       CFR Part 270.
                                      (2) Each batch of treatment
                                       residue must be tested for
                                       reactive and leachable cyanide.
                                       If the reactive cyanide levels
                                       exceed 250 ppm or leachable
                                       cyanide levels (using the EP
                                       Toxicity test without acetic acid
                                       adjustment) exceed 1.26 ppm, the
                                       waste must be re-treated or
                                       managed and disposed as a
                                       hazardous waste under 40 CFR
                                       Parts 262 to 265 and the
                                       permitting standards of 40 CFR
                                       Part 270.
                                      (3) Each batch of waste must be
                                       tested for the total content of
                                       specific organic toxicants. If
                                       the total content of anthracene
                                       exceeds 76.8 ppm, 1,2-diphenyl
                                       hydrazine exceeds 0.001 ppm,
                                       methylene chloride exceeds 8.18
                                       ppm, methyl ethyl ketone exceeds
                                       326 ppm, n-nitrosodiphenylamine
                                       exceeds 11.9 ppm, phenol exceeds
                                       1,566 ppm, tetrachloroethylene
                                       exceeds 0.188 ppm, or
                                       trichloroethylene exceeds 0.592
                                       ppm, the waste must be managed
                                       and disposed as a hazardous waste
                                       under 40 CFR Parts 262 to 265 and
                                       the permitting standards of 40
                                       CFR Part 270.
                                      (4) A grab sample must be
                                       collected from each batch to form
                                       one monthly composite sample
                                       which must be tested using GC/MS
                                       analysis for the compounds listed
                                       in 3, above, as well as
                                       the remaining organics on the
                                       priority pollutant list. (See 47
                                       FR 52309, November 19, 1982, for
                                       a list of the priority
                                       pollutants.)
                                      (5) The data from conditions 1-4
                                       must be kept on file at the
                                       facility for inspection purposes
                                       and must be compiled, summarized,
                                       and submitted to the
                                       Administrator by certified mail
                                       semi-annually. The Agency will
                                       review this information and if
                                       needed will propose to modify or
                                       withdraw the exclusion. The
                                       organics testing described in
                                       conditions 3 and 4, above, are
                                       not required until six months
                                       from the date of promulgation.
                                       The Agency's decision to
                                       conditionally exclude the
                                       treatment residue generated from
                                       the wastewater treatment systems
                                       at these facilities applies only
                                       to the wastewater and solids
                                       treatment systems as they
                                       presently exist as described in
                                       the delisting petition. The
                                       exclusion does not apply to the
                                       proposed process additions
                                       described in the petition as
                                       recovery including
                                       crystallization, electrolytic
                                       metals recovery, evaporative
                                       recovery, and ion exchange.
EPA's Mobile       Denney Farm Site;  Process wastewater, rotary kiln
 Incineration       McDowell, MO.      ash, CHEAF media, and other
 System.                               solids (except spent activated
                                       carbon) (EPA Hazardous Waste Nos.
                                       F020, F022, F023, F026, F027, and
                                       F028) generated during the field
                                       demonstration of EPA's Mobile
                                       Incinerator at the Denney Farm
                                       Site in McDowell, Missouri, after
                                       July 25, 1985, so long as: (1)
                                       The incinerator is functioning
                                       properly; (2) a grab sample is
                                       taken from each tank of
                                       wastewater generated and the EP
                                       leachate values do not exceed
                                       0.03 ppm for mercury, 0.14 ppm
                                       for selenium, and 0.68 ppm for
                                       chromium; and (3) a grab sample
                                       is taken from each drum of soil
                                       or ash generated and a core
                                       sample is collected from each
                                       CHEAF roll generated and the EP
                                       leachate values of daily
                                       composites do not exceed 0.044
                                       ppm in ash or CHEAF media for
                                       mercury or 0.22 ppm in ash or
                                       CHEAF media for selenium.
Falconer Glass     Falconer, NY.....  Wastewater treatment sludges from
 Indust., Inc..                        the filter press and magnetic
                                       drum separator (EPA Hazardous
                                       Waste No. F006) generated from
                                       electroplating operations after
                                       July 16, 1986.
Florida            Daytona Beach,     This is a one-time exclusion.
 Production         Florida.           Wastewater treatment sludges (EPA
 Engineering                           Hazardous Waste No. F006)
 Company.                              generated from electroplating
                                       operations and contained in four
                                       on-site trenches on January 23,
                                       1987.
Ford Motor         Dearborn,          Wastewater treatment plant sludge,
 Company,           Michigan.          F019, that is generated by Ford
 Dearborn Truck                        Motor Company at the Dearborn
 Assembly Plant.                       Truck Asembly Plant at a maximum
                                       annual rate of 2,000 cubic yards
                                       per year. The sludge must be
                                       disposed of in a lined landfill
                                       with leachate collection which is
                                       licensed, permitted, or otherwise
                                       authorized to accept the delisted
                                       wastewater treatment sludge in
                                       accordance with 40 CFR part 258.
                                       The exclusion becomes effective
                                       as of April 25, 2005.

[[Page 126]]

 
                                      1. Delisting Levels: (A) The
                                       concentrations in a TCLP extract
                                       of the waste measured in any
                                       sample may not exceed the
                                       following levels (mg/L):
                                       antimony--0.7; arsenic--0.3;
                                       barium--100; cadmium--0.5;
                                       chromium--5; lead--5; nickel--90;
                                       selenium--1; thallium--0.3; zinc--
                                       900; p-cresol--11; di-n-octyl
                                       phthlate--0.11; formaldehyde--80;
                                       and pentachlorophenol--0.009. (B)
                                       The total concentration measured
                                       in any sample may not exceed the
                                       following levels (mg/kg):
                                       mercury--9; and formaldehyde--
                                       700.
                                      2. Quarterly Verification Testing:
                                       To verify that the waste does not
                                       exceed the specified delisting
                                       levels, Dearborn Truck Assembly
                                       Plant must collect and analyze
                                       one representative sample of the
                                       waste on a quarterly basis.
                                      3. Changes in Operating
                                       Conditions: Dearborn Truck
                                       Assembly Plant must notify the
                                       EPA in writing if the
                                       manufacturing process, the
                                       chemicals used in the
                                       manufacturing process, the
                                       treatment process, or the
                                       chemicals used in the treatment
                                       process change significantly.
                                       Dearborn Truck Assembly Plant
                                       must handle wastes generated
                                       after the process change as
                                       hazardous until it has
                                       demonstrated that the wastes
                                       continue to meet the delisting
                                       levels and that no new hazardous
                                       constituents listed in appendix
                                       VIII of part 261 have been
                                       introduced and it has received
                                       written approval from EPA.
                                      4. Data Submittals: Dearborn Truck
                                       Assembly Plant [Redln Off] must
                                       submit the data obtained through
                                       verification testing or as
                                       required by other conditions of
                                       this rule to both U.S. EPA Region
                                       5, Waste Management Branch (DW-
                                       8J), 77 W. Jackson Blvd.,
                                       Chicago, IL 60604 and MDEQ, Waste
                                       Management Division, Hazardous
                                       Waste Program Section, at P.O.
                                       Box 30241, Lansing, Michigan
                                       48909. The quarterly verification
                                       data and certification of proper
                                       disposal must be submitted
                                       annually upon the anniversary of
                                       the effective date of this
                                       exclusion. Dearborn Truck
                                       Assembly Plant must compile,
                                       summarize and maintain on site
                                       for a minimum of five years
                                       records of operating conditions
                                       and analytical data. Dearborn
                                       Truck Assembly Plant must make
                                       these records available for
                                       inspection. All data must be
                                       accompanied by a signed copy of
                                       the certification statement in 40
                                       CFR 260.22(i)(12).
                                      5. Reopener Language--(a) If,
                                       anytime after disposal of the
                                       delisted waste, Dearborn Truck
                                       Assembly Plant possesses or is
                                       otherwise made aware of any data
                                       (including but not limited to
                                       leachate data or groundwater
                                       monitoring data) relevant to the
                                       delisted waste indicating that
                                       any constituent is at a level in
                                       the leachate higher than the
                                       specified delisting level, or is
                                       in the groundwater at a
                                       concentration higher than the
                                       maximum allowable groundwater
                                       concentration in paragraph (e),
                                       then Dearborn Truck Assembly
                                       Plant must report such data, in
                                       writing, to the Regional
                                       Administrator within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (b) Based on the information
                                       described in paragraph (a) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (c) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify
                                       Dearborn Truck Assembly Plant in
                                       writing of the actions the
                                       Regional Administrator believes
                                       are necessary to protect human
                                       health and the environment. The
                                       notice shall include a statement
                                       of the proposed action and a
                                       statement providing Dearborn
                                       Truck Assembly Plant with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. Dearborn
                                       Truck Assembly Plant shall have
                                       30 days from the date of the
                                       Regional Administrator's notice
                                       to present the information.
                                      (d) If after 30 days the Dearborn
                                       Truck Assembly Plant presents no
                                       further information, the Regional
                                       Administrator will issue a final
                                       written determination describing
                                       the Agency actions that are
                                       necessary to protect human health
                                       or the environment. Any required
                                       action described in the Regional
                                       Administrator's determination
                                       shall become effective
                                       immediately, unless the Regional
                                       Administrator provides otherwise.
                                      (e) Maximum Allowable Groundwater
                                       Concentrations ([mu]g/L):
                                       antimony--6; arsenic--5; barium--
                                       2,000; cadmium--5; chromium--100;
                                       lead--15; nickel--800; selenium--
                                       50; thallium--2; tin--20,000;
                                       zinc--11,000; p-Cresol--200; Di-n-
                                       octyl phthlate--1.3;
                                       Formaldehyde--1,400; and
                                       Pentachlorophenol--0.15.

[[Page 127]]

 
Ford Motor         Wayne, Michigan..  Waste water treatment plant
 Company,                              sludge, F019, that is generated
 Michigan Truck                        by Ford Motor Company at the
 Plant and Wayne                       Wayne Integrated Stamping and
 Integrated                            Assembly Plant from wastewaters
 Stamping and                          from both the Wayne Integrated
 Assembly Plant.                       Stamping and Assembly Plant and
                                       the Michigan Truck Plant, Wayne,
                                       Michigan at a maximum annual rate
                                       of 2,000 cubic yards per year.
                                       The sludge must be disposed of in
                                       a lined landfill with leachate
                                       collection, which is licensed,
                                       permitted, or otherwise
                                       authorized to accept the delisted
                                       wastewater treatment sludge in
                                       accordance with 40 CFR part 258.
                                       The exclusion becomes effective
                                       as of July 30, 2003.
                                      1. Delisting Levels: (A) The TCLP
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/L):
                                       Antimony--0.659; Arsenic--0.3;
                                       Cadmium--0.48; Chromium--4.95;
                                       Lead--5; Nickel--90.5; Selenium--
                                       1; Thallium--0.282; Tin--721;
                                       Zinc--898; p-Cresol--11.4; and
                                       Formaldehyde--84.2. (B) The total
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/kg):
                                       Mercury--8.92; and Formaldehyde--
                                       689. (C) The sum of the ratios of
                                       the TCLP concentrations to the
                                       delisting levels for nickel and
                                       thallium and for nickel and
                                       cadmium shall not exceed 1.0.
                                      2. Quarterly Verification Testing:
                                       To verify that the waste does not
                                       exceed the specified delisting
                                       levels, the facility must collect
                                       and analyze one waste sample on a
                                       quarterly basis.
                                      3. Changes in Operating
                                       Conditions: The facility must
                                       notify the EPA in writing if the
                                       manufacturing process, the
                                       chemicals used in the
                                       manufacturing process, the
                                       treatment process, or the
                                       chemicals used in the treatment
                                       process significantly change. The
                                       facility must handle wastes
                                       generated after the process
                                       change as hazardous until it has
                                       demonstrated that the wastes
                                       continue to meet the delisting
                                       levels and that no new hazardous
                                       constituents listed in appendix
                                       VIII of part 261 have been
                                       introduced and it has received
                                       written approval from EPA.
                                      4. Data Submittals: The facility
                                       must submit the data obtained
                                       through verification testing or
                                       as required by other conditions
                                       of this rule to both U.S. EPA
                                       Region 5, Waste Management Branch
                                       (DW-8J), 77 W. Jackson Blvd.,
                                       Chicago, IL 60604 and MDEQ, Waste
                                       Management Division, Hazardous
                                       Waste Program Section, at P.O.
                                       Box 30241, Lansing, Michigan
                                       48909. The quarterly verification
                                       data and certification of proper
                                       disposal must be submitted
                                       annually upon the anniversary of
                                       the effective date of this
                                       exclusion. The facility must
                                       compile, summarize, and maintain
                                       on site for a minimum of five
                                       years records of operating
                                       conditions and analytical data.
                                       The facility must make these
                                       records available for inspection.
                                       All data must be accompanied by a
                                       signed copy of the certification
                                       statement in 40 CFR
                                       260.22(i)(12).
                                      5. Reopener Language--(a) If,
                                       anytime after disposal of the
                                       delisted waste, the facility
                                       possesses or is otherwise made
                                       aware of any data (including but
                                       not limited to leachate data or
                                       groundwater monitoring data)
                                       relevant to the delisted waste
                                       indicating that any constituent
                                       is at a level in the leachate
                                       higher than the specified
                                       delisting level, or is in the
                                       groundwater at a concentration
                                       higher than the maximum allowable
                                       groundwater concentration in
                                       paragraph (e), then the facility
                                       must report such data, in
                                       writing, to the Regional
                                       Administrator within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                         (b) Based on the information
                                         described in paragraph (a) and
                                         any other information received
                                         from any source, the Regional
                                         Administrator will make a
                                         preliminary determination as to
                                         whether the reported
                                         information requires Agency
                                         action to protect human health
                                         or the environment. Further
                                         action may include suspending,
                                         or revoking the exclusion, or
                                         other appropriate response
                                         necessary to protect human
                                         health and the environment.
                                         (c) If the Regional
                                         Administrator determines that
                                         the reported information does
                                         require Agency action, the
                                         Regional Administrator will
                                         notify the facility in writing
                                         of the actions the Regional
                                         Administrator believes are
                                         necessary to protect human
                                         health and the environment. The
                                         notice shall include a
                                         statement of the proposed
                                         action and a statement
                                         providing the facility with an
                                         opportunity to present
                                         information as to why the
                                         proposed Agency action is not
                                         necessary or to suggest an
                                         alternative action. The
                                         facility shall have 30 days
                                         from the date of the Regional
                                         Administrator's notice to
                                         present the information.
                                         (d) If after 30 days the
                                         facility presents no further
                                         information, the Regional
                                         Administrator will issue a
                                         final written determination
                                         describing the Agency actions
                                         that are necessary to protect
                                         human health or the
                                         environment. Any required
                                         action described in the
                                         Regional Administrator's
                                         determination shall become
                                         effective immediately, unless
                                         the Regional Administrator
                                         provides otherwise.
                                         (e) Maximum Allowable
                                         Groundwater Concentrations (ug/
                                         L): Antimony--6; Arsenic--4.87;
                                         Cadmium--5; Chromium--100;
                                         Lead--15; Nickel--750;
                                         Selenium--50; Thallium--2; Tin--
                                         22,500; Zinc--11,300; p-Cresol--
                                         188; and Formaldehyde--1,380.
Ford Motor         Wixom, Michigan..  Waste water treatment plant
 Company, Wixom                        sludge, F019, that is generated
 Assembly Plant.                       by Ford Motor Company at the
                                       Wixom Assembly Plant, Wixom,
                                       Michigan at a maximum annual rate
                                       of 2,000 cubic yards per year.
                                       The sludge must be disposed of in
                                       a lined landfill with leachate
                                       collection, which is licensed,
                                       permitted, or otherwise
                                       authorized to accept the delisted
                                       wastewater treatment sludge in
                                       accordance with 40 CFR Part 258.
                                       The exclusion becomes effective
                                       as of July 30, 2003. The
                                       conditions in paragraphs (2)
                                       through (5) for Ford Motor
                                       Company--Michigan Truck Plant and
                                       Wayne Integrated Stamping Plant--
                                       Wayne, Michigan also apply.

[[Page 128]]

 
                                      Delisting Levels: (A) The TCLP
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/L):
                                       Antimony--0.659; Arsenic--0.3;
                                       Cadmium--0.48; Chromium--4.95;
                                       Lead--5; Nickel--90.5; Selenium--
                                       1; Thallium--0.282; Tin--721;
                                       Zinc--898; p-Cresol--11.4; and
                                       Formaldehyde--84.2. (B) The total
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/kg):
                                       Mercury--8.92; and Formaldehyde--
                                       689. (C) The sum of the ratios of
                                       the TCLP concentrations to the
                                       delisting levels for nickel and
                                       thallium and for nickel and
                                       cadmium shall not exceed 1.0.
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 [reg] treatment
 Body Division.                        process on sludge (EPA Hazardous
                                       Waste No. F006) generated from
                                       electroplating operations and
                                       contained in three on-site
                                       surface impoundments on November
                                       14, 1986. To assure that
                                       stabilization occurs, the
                                       following conditions apply to
                                       this exclusion:
                                      (1) Mixing ratios shall be
                                       monitored continuously to assure
                                       consistent treatment.
                                      (2) One grab sample of the treated
                                       waste shall be taken each hour as
                                       it is pumped to the holding area
                                       (cell) from each trailer unit. At
                                       the end of each production day,
                                       the grab samples from the
                                       individual trailer units will be
                                       composited and the EP toxicity
                                       test will be run on each
                                       composite sample. If lead or
                                       total chromium concentrations
                                       exceed 0.315 ppm or if nickel
                                       exceeds 2.17 ppm, in the EP
                                       extract, the waste will be
                                       removed and retreated or disposed
                                       of as a hazardous waste.
                                      (3) The treated waste shall be
                                       pumped into bermed cells which
                                       are constructed to assure that
                                       the treated waste is identifiable
                                       and retrievable (i.e., the
                                       material can be removed and
                                       either disposed of as a hazardous
                                       waste or retreated if conditions
                                       1 or 2 are not met).
                                      Failure to satisfy any of these
                                       conditions would render the
                                       exclusion void. This is a one-
                                       time exclusion, applicable only
                                       to the residue generated from the
                                       use of the Chemfix [reg]
                                       treatment process on the sludge
                                       currently contained in the three
                                       on-site surface impoundments.
General Motors     Flint, Michigan..  Waste water treatment plant
 Corporation,                          sludge, F019, that is generated
 Flint Truck.                          by General Motors Corporation at
                                       Flint Truck, Flint, Michigan at a
                                       maximum annual rate of 3,000
                                       cubic yards per year. The sludge
                                       must be disposed of in a lined
                                       landfill with leachate
                                       collection, which is licensed,
                                       permitted, or otherwise
                                       authorized to accept the delisted
                                       wastewater treatment sludge in
                                       accordance with 40 CFR part 258.
                                       The exclusion becomes effective
                                       as of July 30, 2003. The
                                       conditions in paragraphs (2)
                                       through (5) for Ford Motor
                                       Company--Michigan Truck Plant and
                                       Wayne Integrated Stamping Plant--
                                       Wayne, Michigan also apply.
                                      Delisting Levels: (A) The TCLP
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/L):
                                       Antimony--0.494; Arsenic--0.224;
                                       Cadmium--0.36; Chromium--3.71;
                                       Lead--5; Nickel--67.8; Selenium--
                                       1; Thallium--0.211; Tin--540;
                                       Zinc--673; p-Cresol--8.55; and
                                       Formaldehyde--63. (B) The total
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/kg):
                                       Mercury--6.34; and Formaldehyde--
                                       535. (C) The sum of the ratios of
                                       the TCLP concentration to the
                                       delisting level for nickel and
                                       thallium and for nickel and
                                       cadmium shall not exceed 1.0.
General Motors     Detroit, Michigan  Waste water treatment plant
 Corporation,                          sludge, F019, that is generated
 Hamtramck.                            by General Motors Corporation at
                                       Hamtramck, Detroit, Michigan at a
                                       maximum annual rate of 3,000
                                       cubic yards per year. The sludge
                                       must be disposed of in a lined
                                       landfill with leachate
                                       collection, which is licensed,
                                       permitted, or otherwise
                                       authorized to accept the delisted
                                       wastewater treatment sludge in
                                       accordance with 40 CFR part 258.
                                       The exclusion becomes effective
                                       as of July 30, 2003. The
                                       conditions in paragraphs (2)
                                       through (5) for Ford Motor
                                       Company--Michigan Truck Plant and
                                       Wayne Integrated Stamping Plant--
                                       Wayne, Michigan also apply. A
                                       maximum allowable groundwater
                                       concentration of 3,750 [micro]g/L
                                       for n-butyl alcohol is added to
                                       paragraph (5)(e).
                                      Delisting Levels: (A) The TCLP
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/L):
                                       Antimony--0.494; Arsenic--0.224;
                                       Cadmium--0.36; Chromium--3.71;
                                       Lead--5; Nickel--67.8; Selenium--
                                       1; Thallium--0.211; Tin--540;
                                       Zinc--673; p-Cresol--8.55;
                                       Formaldehyde--63; and n-Butyl
                                       alcohol--171. (B) The total
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/kg):
                                       Mercury--6.34; and Formaldehyde--
                                       535. (C) The sum of the ratios of
                                       the TCLP concentration to the
                                       delisting level for nickel and
                                       thallium and for nickel and
                                       cadmium shall not exceed 1.0.
General Motors     Lordstown, Ohio..  Waste water treatment plant
 Corporation                           sludge, F019, that is generated
 Assembly Plant                        at General Motors Corporation's
                                       Lordstown Assembly Plant at a
                                       maximum annual rate of 2,000
                                       cubic yards per year. The sludge
                                       must be disposed of in a Subtitle
                                       D landfill which is licensed,
                                       permitted, or otherwise
                                       authorized by a state to accept
                                       the delisted wastewater treatment
                                       sludge. The exclusion becomes
                                       effective as of October 12, 2004.
                                      1. Delisting Levels: (A) The
                                       constituent concentrations
                                       measured in the TCLP extract may
                                       not exceed the following levels
                                       (mg/L): antimony--0.66; arsenic--
                                       0.30; chromium--5; lead--5;
                                       mercury--0.15; nickel--90;
                                       selenium--1; silver--5; thallium--
                                       0.28; tin--720; zinc--900;
                                       fluoride--130; p-cresol--11;
                                       formaldehyde--84; and methylene
                                       chloride--0.29 (B) The total
                                       constituent concentration
                                       measured in any sample of the
                                       waste may not exceed the
                                       following levels (mg/kg):
                                       chromium--4,100 ; formaldehyde--
                                       700; and mercury--10. (C) Maximum
                                       allowable groundwater
                                       concentrations ([micro]g/L) are
                                       as follows: antimony--6; arsenic--
                                       4.88; chromium--100; lead--15;
                                       mercury--2; nickel--750;
                                       selenium--50; silver--188;
                                       thallium--2; tin--22,500; zinc--
                                       11,300; fluoride--4,000; p-
                                       cresol--188; formaldehyde--1,390;
                                       and methylene chloride--5.

[[Page 129]]

 
                   2. Quarterly
                    Verification
                    Testing: To
                    verify that the
                    waste does not
                    exceed the
                    specified
                    delisting
                    levels, GM must
                    collect and
                    analyze one
                    waste sample on
                    a quarterly
                    basis using
                    methods with
                    appropriate
                    detection levels
                    and elements of
                    quality control.

[[Page 130]]

 
                   3. Changes in
                    Operating
                    Conditions: The
                    facility must
                    notify the EPA
                    in writing if
                    the
                    manufacturing
                    process, the
                    chemicals used
                    in the
                    manufacturing
                    process, the
                    treatment
                    process, or the
                    chemicals used
                    in the treatment
                    process
                    significantly
                    change. GM must
                    handle wastes
                    generated after
                    the process
                    change as
                    hazardous until
                    it has
                    demonstrated
                    that the wastes
                    continue to meet
                    the delisting
                    levels and that
                    no new hazardous
                    constituents
                    listed in
                    appendix VIII of
                    part 261 have
                    been introduced
                    and it has
                    received written
                    approval from
                    EPA.
                                      4. Data Submittals: The facility
                                       must submit the data obtained
                                       through verification testing or
                                       as required by other conditions
                                       of this rule to U.S. EPA Region
                                       5, Waste Management Branch, RCRA
                                       Delisting Program (DW-8J), 77 W.
                                       Jackson Blvd., Chicago, IL 60604.
                                       The quarterly verification data
                                       and certification of proper
                                       disposal must be submitted
                                       annually upon the anniversary of
                                       the effective date of this
                                       exclusion. The facility must
                                       compile, summarize, and maintain
                                       on site for a minimum of five
                                       years records of operating
                                       conditions and analytical data.
                                       The facility must make these
                                       records available for inspection.
                                       All data must be accompanied by a
                                       signed copy of the certification
                                       statement in 40 CFR
                                       260.22(i)(12).

[[Page 131]]

 
                                      5. Reopener Language: (A) If,
                                       anytime after disposal of the
                                       delisted waste, GM possesses or
                                       is otherwise made aware of any
                                       data (including but not limited
                                       to leachate data or groundwater
                                       monitoring data) relevant to the
                                       delisted waste indicating that
                                       any constituent is at a level in
                                       the leachate higher than the
                                       specified delisting level, or is
                                       in the groundwater at a
                                       concentration higher than the
                                       maximum allowable groundwater
                                       concentration in paragraph (1),
                                       then GM must report such data, in
                                       writing, to the Regional
                                       Administrator within 10 days of
                                       first possessing or being made
                                       aware of that data. (B) Based on
                                       the information described in
                                       paragraph (A) and any other
                                       information received from any
                                       source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                       (C) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify the
                                       facility in writing of the
                                       actions the Regional
                                       Administrator believes are
                                       necessary to protect human health
                                       and the environment. The notice
                                       shall include a statement of the
                                       proposed action and a statement
                                       providing GM with an opportunity
                                       to present information as to why
                                       the proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. GM shall have
                                       30 days from the date of the
                                       Regional Administrator's notice
                                       to present the information. (D)
                                       If after 30 days GM presents no
                                       further information, the Regional
                                       Administrator will issue a final
                                       written determination describing
                                       the Agency actions that are
                                       necessary to protect human health
                                       or the environment. Any required
                                       action described in the Regional
                                       Administrator's determination
                                       shall become effective
                                       immediately, unless the Regional
                                       Administrator provides otherwise.
General Motors     Pontiac, Michigan  Waste water treatment plant
 Corporation,                          sludge, F019, that is generated
 Pontiac East.                         by General Motors Corporation at
                                       Pontiac East, Pontiac, Michigan
                                       at a maximum annual rate of 3,000
                                       cubic yards per year. The sludge
                                       must be disposed of in a lined
                                       landfill with leachate
                                       collection, which is licensed,
                                       permitted, or otherwise
                                       authorized to accept the delisted
                                       wastewater treatment sludge in
                                       accordance with 40 CFR part 258.
                                       The exclusion becomes effective
                                       as of July 30, 2003. The
                                       conditions in paragraphs (2)
                                       through (5) for Ford Motor
                                       Company--Michigan Truck Plant and
                                       Wayne Integrated Stamping Plant--
                                       Wayne, Michigan also apply.
                                      Delisting Levels: (A) The TCLP
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/L):
                                       Antimony--0.494; Arsenic--0.224;
                                       Cadmium--0.36; Chromium--3.71;
                                       Lead--5; Nickel--67.8; Selenium--
                                       1; Thallium--0.211; Tin--540;
                                       Zinc--673; p-Cresol--8.55; and
                                       Formaldehyde--63. (B) The total
                                       concentrations measured in any
                                       sample may not exceed the
                                       following levels (mg/kg):
                                       Mercury--6.34; and Formaldehyde--
                                       535. (C) The sum of the ratios of
                                       the TCLP concentrations to the
                                       delisting levels for nickel and
                                       thallium and for nickel and
                                       cadmium shall not exceed 1.0.
General Motors     Lake Orion,        Wastewater treatment plant (WWTP)
 Corporation.       Michigan.          sludge from the chemical
                                       conversion coating (phosphate
                                       coating) of aluminum (EPA
                                       Hazardous Waste No. F019)
                                       generated at a maximum annual
                                       rate of 1,500 tons per year (or
                                       1,500 cubic yards per year),
                                       after October 24, 1997 and
                                       disposed of in a Subtitle D
                                       landfill.
                                      1. Verification Testing: GM must
                                       implement an annual testing
                                       program to demonstrate, based on
                                       the analysis of a minimum of four
                                       representative samples, that the
                                       constituent concentrations
                                       measured in the TCLP (or OWEP,
                                       where appropriate) extract of the
                                       waste are within specific levels.
                                       The constituent concentrations
                                       must not exceed the following
                                       levels (mg/l) which are back-
                                       calculated from the delisting
                                       health-based levels and a DAF of
                                       90: Arsenic--4.5; Cobalt--189;
                                       Copper-- 126; Nickel--63;
                                       Vanadium--18; Zinc--900; 1,2-
                                       Dichloroethane--0.45;
                                       Ethylbenzene--63; 4-Methylphenol--
                                       16.2; Naphthalene--90; Phenol--
                                       1800; and Xylene--900. The
                                       constituent concentrations must
                                       also be less than the following
                                       levels (mg/l) which are the
                                       toxicity characteristic levels:
                                       Barium--100.0; and Chromium
                                       (total)--5.0.
                                      2. Changes in Operating
                                       Conditions: If GM significantly
                                       changes the manufacturing or
                                       treatment process or the
                                       chemicals used in the
                                       manufacturing or treatment
                                       process, GM may handle the WWTP
                                       filter press sludge generated
                                       from the new process under this
                                       exclusion after the facility has
                                       demonstrated that the waste meets
                                       the levels set forth in paragraph
                                       1 and that no new hazardous
                                       constituents listed in Appendix
                                       VIII of Part 261 have been
                                       introduced.
                                      3. Data Submittals: The data
                                       obtained through annual
                                       verification testing or paragraph
                                       2 must be submitted to U.S. EPA
                                       Region 5, 77 W. Jackson Blvd.,
                                       Chicago, IL 60604-3590, within 60
                                       days of sampling. Records of
                                       operating conditions and
                                       analytical data must be compiled,
                                       summarized, and maintained on
                                       site for a minimum of five years
                                       and must be made available for
                                       inspection. All data must be
                                       accompanied by a signed copy of
                                       the certification statement in
                                       260.22(I)(12).
General Motors     Lansing, Michigan  Wastewater treatment plant (WWTP)
 Corporation.                          sludge from the chemical
 Lansing Car                           conversion coating (phosphate
 Assembly--Body                        coating) of aluminum (EPA
 Plant.                                Hazardous Waste No. F019)
                                       generated at a maximum annual
                                       rate of 1,250 cubic yards per
                                       year and disposed of in a
                                       Subtitle D landfill, after May
                                       16, 2000.
                                      1. Delisting Levels:

[[Page 132]]

 
                                        (A) The constituent
                                         concentrations measured in the
                                         TCLP extract may not exceed the
                                         following levels (mg/L):
                                         Antimony--0.576; Arsenic--4.8;
                                         Barium--100; Beryllium--0.384;
                                         Cadmium--0.48; Chromium
                                         (total)--5; Cobalt--201.6;
                                         Copper--124.8; Lead--1.44;
                                         Mercury--0.192; Nickel--67.2;
                                         Selenium--1; Silver--5;
                                         Thallium--0.192; Tin--2016;
                                         Vanadium--28.8; Zinc--960;
                                         Cyanide--19.2; Fluoride--384;
                                         Acetone--336; m,p--Cresol--
                                         19.2; 1,1--Dichloroethane--
                                         0.0864; Ethylbenzene--67.2;
                                         Formaldehyde--672; Phenol--
                                         1920; Toluene--96; 1,1,1--
                                         Trichloroethane--19.2; Xylene--
                                         960.
                                        (B) The total concentration of
                                         formaldehyde in the waste may
                                         not exceed 2100 mg/kg.
                                        (C) Analysis for determining
                                         reactivity from sulfide must be
                                         added to verification testing
                                         when an EPA-approved method
                                         becomes available.
                                      2. Verification Testing: GM must
                                       implement an annual testing
                                       program to demonstrate that the
                                       constituent concentrations
                                       measured in the TCLP extract (or
                                       OWEP, where appropriate) of the
                                       waste do not exceed the delisting
                                       levels established in Condition
                                       (1).
                                      3. Changes in Operating
                                       Conditions: If GM significantly
                                       changes the manufacturing or
                                       treatment process or the
                                       chemicals used in the
                                       manufacturing or treatment
                                       process, GM must notify the EPA
                                       of the changes in writing. GM
                                       must handle wastes generated
                                       after the process change as
                                       hazardous until GM has
                                       demonstrated that the wastes meet
                                       the delisting levels set forth in
                                       Condition (1), that no new
                                       hazardous constituents listed in
                                       Appendix VIII of Part 261 have
                                       been introduced, and GM has
                                       received written approval from
                                       EPA.
                                      4. Data Submittals: GM must submit
                                       the data obtained through annual
                                       verification testing or as
                                       required by other conditions of
                                       this rule to U.S. EPA Region 5,
                                       77 W. Jackson Blvd. (DW-8J),
                                       Chicago, IL 60604, within 60 days
                                       of sampling. GM must compile,
                                       summarize, and maintain on site
                                       for a minimum of five years
                                       records of operating conditions
                                       and analytical data. GM must make
                                       these records available for
                                       inspection. All data must be
                                       accompanied by a signed copy of
                                       the certification statement in 40
                                       CFR 260.22(i)(12).
                                      5. Reopener Language--(a) If,
                                       anytime after disposal of the
                                       delisted waste, GM possesses or
                                       is otherwise made aware of any
                                       environmental data (including but
                                       not limited to leachate data or
                                       groundwater monitoring data) or
                                       any other data relevant to the
                                       delisted waste indicating that
                                       any constituent identified in
                                       Condition (1) is at a level in
                                       the leachate higher than the
                                       delisting level established in
                                       Condition (1), or is at a level
                                       in the ground water or soil
                                       higher than the level predicted
                                       by the CML model, then GM must
                                       notify the Regional Administrator
                                       in writing within 10 days and
                                       must report the data within 45
                                       days of first possessing or being
                                       made aware of that data.
                                      (b) Based on the information
                                       described in paragraph (a) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (c) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify GM in
                                       writing of the actions the
                                       Regional Administrator believes
                                       are necessary to protect human
                                       health and the environment. The
                                       notice shall include a statement
                                       of the proposed action and a
                                       statement providing GM with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. GM shall have
                                       10 days from the date of the
                                       Regional Administrator's notice
                                       to present the information.
                                      (d) If after 10 days GM presents
                                       no further information, the
                                       Regional Administrator will issue
                                       a final written determination
                                       describing the Agency actions
                                       that are necessary to protect
                                       human health or the environment.
                                       Any required action described in
                                       the Regional Administrator's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator provides
                                       otherwise.
Geological         Morrisville,       Wastewater treatment sludge filter
 Reclamation        Pennsylvania.      cake from the treatment of EPA
 Operations and                        Hazardous Waste No. F039,
 Waste Systems,                        generated at a maximum annual
 Inc.                                  rate of 2000 cubic yards, after
                                       December 4, 2001, and disposed of
                                       in a Subtitle D landfill. The
                                       exclusion covers the filter cake
                                       resulting from the treatment of
                                       hazardous waste leachate derived
                                       from only ``old'' GROWS and non-
                                       hazardous leachate derived from
                                       only non-hazardous waste sources.
                                       The exclusion does not address
                                       the waste disposed of in the
                                       ``old'' GROWS' Landfill or the
                                       grit generated during the removal
                                       of heavy solids from the landfill
                                       leachate. To ensure that
                                       hazardous constituents are not
                                       present in the filter cake at
                                       levels of regulatory concern,
                                       GROWS must implement a testing
                                       program for the petitioned waste.
                                       This testing program must meet
                                       the conditions listed below in
                                       order for the exclusion to be
                                       valid:
                                      (1) Testing: Sample collection and
                                       analyses, including quality
                                       control (QC) procedures, must be
                                       performed according to SW-846
                                       methodologies.
                                      (A) Sample Collection: Each batch
                                       of waste generated over a four-
                                       week period must be collected in
                                       containers with a maximum
                                       capacity of 20-cubic yards. At
                                       the end of the four-week period,
                                       each container must be divided
                                       into four quadrants and a single,
                                       full-depth core sample shall be
                                       collected from each quadrant. All
                                       of the full-depth core samples
                                       then must be composited under
                                       laboratory conditions to produce
                                       one representative composite
                                       sample for the four-week period.

[[Page 133]]

 
                                      (B) Sample Analysis: Each four-
                                       week composite sample must be
                                       analyzed for all of the
                                       constituents listed in Condition
                                       (3). The analytical data,
                                       including quality control
                                       information, must be submitted to
                                       The Waste and Chemicals
                                       Management Division, U.S. EPA
                                       Region III, 1650 Arch Street,
                                       Philadelphia, PA 19103, and the
                                       Pennsylvania Department of
                                       Environmental Protection, Bureau
                                       of Land Recycling and Waste
                                       Management, Rachel Carson State
                                       Office Building, 400 Market
                                       Street, 14th Floor, Harrisburg,
                                       PA 17105. Data from the annual
                                       verification testing must be
                                       compiled and submitted to EPA and
                                       the Pennsylvania Department of
                                       Environmental Protection within
                                       sixty (60) days from the end of
                                       the calendar year. All data must
                                       be accompanied by a signed copy
                                       of the statement set forth in 40
                                       CFR 260.22(i)(12) to certify to
                                       the truth and accuracy of the
                                       data submitted. Records of
                                       operating conditions and
                                       analytical data must be compiled,
                                       summarized, and maintained on-
                                       site for a minimum of three years
                                       and must be furnished upon
                                       request by any employee or
                                       representative of EPA or the
                                       Pennsylvania Department of
                                       Environmental Protection, and
                                       made available for inspection.
                                      (2) Waste Holding: The dewatered
                                       filter cake must be stored as
                                       hazardous until the verification
                                       analyses are completed. If the
                                       four-week composite sample does
                                       not exceed any of the delisting
                                       levels set forth in Condition
                                       (3), the filter cake waste
                                       corresponding to this sample may
                                       be managed and disposed of in
                                       accordance with all applicable
                                       solid waste regulations. If the
                                       four-week composite sample
                                       exceeds any of the delisting
                                       levels set forth in Condition
                                       (3), the filter cake waste
                                       generated during the time period
                                       corresponding to the four-week
                                       composite sample must be
                                       retreated until it meets these
                                       levels (analyses must be
                                       repeated) or managed and disposed
                                       of in accordance with Subtitle C
                                       of RCRA. Filter cake which is
                                       generated but for which analyses
                                       are not complete or valid must be
                                       managed and disposed of in
                                       accordance with Subtitle C of
                                       RCRA, until valid analyses
                                       demonstrate that the waste meets
                                       the delisting levels.
                                      (3) Delisting Levels: If the
                                       concentrations in the four-week
                                       composite sample of the filter
                                       cake waste for any of the
                                       hazardous constituents listed
                                       below exceed their respective
                                       maximum allowable concentrations
                                       (mg/l or mg/kg) also listed
                                       below, the four-week batch of
                                       failing filter cake waste must
                                       either be retreated until it
                                       meets these levels or managed and
                                       disposed of in accordance with
                                       Subtitle C of RCRA. GROWS has the
                                       option of determining whether the
                                       filter cake waste exceeds the
                                       maximum allowable concentrations
                                       for the organic constituents by
                                       either performing the analysis on
                                       a TCLP leachate of the waste or
                                       performing total constituent
                                       analysis on the waste, and then
                                       comparing the results to the
                                       corresponding maximum allowable
                                       concentration level.
------------------------------------------------------------------------


                                             (A) Inorganics             Maximum Allowable
                                                                         Leachate Conc. (mg/
                                                                         l)
                                            Constituent:
                                              Arsenic.................  3.00e-01
                                              Barium..................  2.34e+01
                                              Cadmium.................  1.80e-01
                                              Chromium................  5.00e+00
                                              Lead....................  5.00e+00
                                              Mercury.................  7.70e-02
                                              Nickel..................  9.05e+00
                                              Selenium................  6.97e-01
                                              Silver..................  1.23e+00
                                              Cyanide.................  4.33e+00
                                              Cyanide extractions must
                                               be conducted using
                                               distilled water in
                                               place of the leaching
                                               media specified in the
                                               TCLP procedure.


                                             (B) Organics               Maximum allowable    Maximum allowable
                                                                         leachate conc. (mg/  total conc. (mg/
                                                                         l)                   kg)
                                            Constituent:
                                              Acetone.................  2.28e+01             4.56e+02
                                              Acetonitrile............  3.92e+00             7.84e+01
                                              Acetophenone............  2.28e+01             4.56e+02
                                              Acrolein................  1.53e+03             3.06e+04
                                              Acrylonitrile...........  7.80e-03             1.56e-01
                                              Aldrin..................  5.81e-06             1.16e-04
                                              Aniline.................  7.39e-01             1.48e+01
                                              Anthracene..............  8.00e+00             1.60e+02
                                              Benz(a)anthracene.......  1.93e-04             3.86e-03
                                              Benzene.................  1.45e-01             2.90e+00
                                              Benzo(a)pyrene..........  1.18e-05             2.36e-04
                                              Benzo(b)fluoranthene....  1.07e-04             2.14e-03
                                              Benzo(k)fluoranthene....  1.49e-03             2.98e-02

[[Page 134]]

 
                                              Bis(2-chloroethyl)ether.  3.19e-02             6.38e-01
                                              Bis(2-                    8.96e-02             1.79e+00
                                               ethylhexyl)phthalate.
                                              Bromodichloromethane....  6.80e-02             1.36e+00
                                              Bromoform                 5.33e-01             1.07e+01
                                               (Tribromomethane).
                                              Butyl-4,6-dinitrophenol,  2.28e-01             4.56e+00
                                               2-sec-(Dinoseb).
                                              Butylbenzylphthalate....  9.29e+00             1.86e+02
                                              Carbon disulfide........  2.28e+01             4.56e+02
                                              Carbon tetrachloride....  4.50e-02             9.00e-01
                                              Chlordane...............  5.11e-04             1.02e-02
                                              Chloro-3-methylphenol 4-  2.97e+02             5.94e+03
                                              Chloroaniline, p-.......  9.14e-01             1.83e+01
                                              Chlorobenzene...........  6.08e+00             1.22e+02
                                              Chlorobenzilate.........  4.85e-02             9.70e-01
                                              Chlorodibromomethane....  5.02e-02             1.00e+00
                                              Chloroform..............  7.79e-02             1.56e+00
                                              Chlorophenol, 2-........  1.14e+00             2.28e+01
                                              Chrysene................  2.04e-02             4.08e-01
                                              Cresol..................  1.14e+00             2.28e+01
                                              DDD.....................  5.83e-04             1.17e-02
                                              DDE.....................  1.37e-04             2.74e-03
                                              DDT.....................  2.57e-04             5.14e-03
                                              Dibenz(a,h)anthracene...  5.59e-06             1.12e-04
                                              Dibromo-3-chloropropane,  3.51e-03             7.02e-02
                                               1,2-.
                                              Dichlorobenzene 1,3-....  9.35e+00             1.87e+02
                                              Dichlorobenzene, 1,2-...  1.25e+01             2.50e+02
                                              Dichlorobenzene, 1,4-...  1.39e-01             2.78e+00
                                              Dichlorobenzidine, 3,3'-  9.36e-03             1.87e-01
                                              Dichlorodifluoromethane.  4.57e+01             9.14e+02
                                              Dichloroethane, 1,1-....  1.20e+00             2.40e+01
                                              Dichloroethane, 1,2-....  2.57e-03             5.14e-02
                                              Dichloroethylene, 1,1-..  7.02e-03             1.40e-01
                                              Dichloroethylene, trans-  4.57e+00             9.14e+01
                                               1,2-.
                                              Dichlorophenol, 2,4-....  6.85e-01             1.37e+01
                                              Dichlorophenoxyacetic     2.28e+00             4.56e+01
                                               acid, 2,4-(2,4-D).
                                              Dichloropropane, 1,2-...  1.14e-01             2.28e+00
                                              Dichloropropene, 1,3-...  2.34e-02             4.68e-01
                                              Dieldrin................  6.23e+01             1.25e+03
                                              Diethyl phthalate.......  2.21e+02             4.42e+03
                                              Dimethoate..............  6.01e+01             1.20e+03
                                              Dimethyl phthalate......  1.20e+02             2.40e+03
                                              Dimethylbenz(a)anthracen  1.55e-06             3.10e-05
                                               e, 7,12-.
                                              Dimethylphenol, 2,4-....  4.57e+00             9.14e+01
                                              Di-n-butyl phthalate....  5.29e+00             1.06e+02
                                              Dinitrobenzene, 1,3-....  2.28e-02             4.56e-01
                                              Dinitromethylphenol, 4,6- 2.16e-02             4.32e-01
                                               ,2-.
                                              Dinitrophenol, 2,4-.....  4.57e-01             9.14e+00
                                              Dinitrotoluene, 2,6-....  6.54e-03             1.31e-01
                                              Di-n-octyl phthalate....  1.12e-02             2.24e-01
                                              Dioxane, 1,4-...........  3.83e-01             7.66e+00
                                              Diphenylamine...........  3.76e+00             7.52e+01
                                              Disulfoton..............  3.80e+02             7.60e+03
                                              Endosulfan..............  1.37e+00             2.74e+01
                                              Endrin..................  2.00e-02             4.00e-01
                                              Ethylbenzene............  1.66e+01             3.32e+02
                                              Ethylene Dibromide......  4.13e-03             8.26e-02
                                              Fluoranthene............  5.16e-01             1.03e+01
                                              Fluorene................  1.78e+00             3.56e+01
                                              Heptachlor..............  8.00e-03             1.60e-01
                                              Heptachlor epoxide......  8.00e-03             1.60e-01
                                              Hexachloro-1,3-butadiene  9.61e-03             1.92e-01
                                              Hexachlorobenzene.......  9.67e-05             1.93e-03
                                              Hexachlorocyclohexane,    4.00e-01             8.00e+00
                                               gamma-(Lindane).
                                              Hexachlorocyclopentadien  1.66e+04             3.32e+05
                                               e.
                                              Hexachloroethane........  1.76e-01             3.52e+00
                                              Hexachlorophene.........  3.13e-04             6.26e-03
                                              Indeno(1,2,3-cd) pyrene.  6.04e-05             1.21e-03
                                              Isobutyl alcohol........  6.85e+01             1.37e+03
                                              Isophorone..............  4.44e+00             8.88e+01
                                              Methacrylonitrile.......  2.28e-02             4.56e-01
                                              Methoxychlor............  1.00e+01             2.00e+02
                                              Methyl bromide            1.28e+02             2.56e+03
                                               (Bromomethane).
                                              Methyl chloride           1.80e-01             3.60e+00
                                               (Chloromethane).
                                              Methyl ethyl ketone.....  1.37e+02             2.74e+03
                                              Methyl isobutyl ketone..  1.83e+01             3.66e+02
                                              Methyl methacrylate.....  1.03e+03             2.06e+04
                                              Methyl parathion........  1.27e+02             2.54e+03

[[Page 135]]

 
                                              Methylene chloride......  2.88e-01             5.76e+00
                                              Naphthalene.............  1.50e+00             3.00e+01
                                              Nitrobenzene............  1.14e-01             2.28e+00
                                              Nitrosodiethylamine.....  2.81e-05             5.62e-04
                                              Nitrosodimethylamine....  8.26e-05             1.65e-03
                                              Nitrosodi-n-butylamine..  7.80e-04             1.56e-02
                                              N-Nitrosodi-n-            6.02e-04             1.20e-02
                                               propylamine.
                                              N-Nitrosodiphenylamine..  8.60e-01             1.72e+01
                                              N-Nitrosopyrrolidine....  2.01e-03             4.02e-02
                                              Pentachlorobenzene......  1.15e-02             2.30e-01
                                              Pentachloronitrobenzene   5.00e-03             1.00e-01
                                               (PCNB).
                                              Pentachlorophenol.......  4.10e-03             8.20e-02
                                              Phenanthrene............  2.09e-01             4.18e+00
                                              Phenol..................  1.37e+02             2.74e+03
                                              Polychlorinated           3.00e-05             6.00e-04
                                               biphenyls.
                                              Pronamide...............  1.71e+01             3.42e+02
                                              Pyrene..................  3.96e-01             7.92e+00
                                              Pyridine................  2.28e-01             4.56e+00
                                              Styrene.................  6.08e+00             1.22e+02
                                              Tetrachlorobenzene,       9.43e-03             1.89e-01
                                               1,2,4,5-.
                                              Tetrachloroethane,        4.39e-01             8.78e+00
                                               1,1,2,2-.
                                              Tetrachloroethylene.....  8.55e-02             1.71e+00
                                              Tetrachlorophenol,        1.81e+00             3.62e+01
                                               2,3,4,6-.
                                              Tetraethyl                3.01e+05             6.02e+06
                                               dithiopyrophosphate
                                               (Sulfotep).
                                              Toluene.................  4.57e+01             9.14e+02
                                              Toxaphene...............  5.00e-01             1.00e+01
                                              Trichlorobenzene, 1,2,4-  7.24e-01             1.45e+01
                                              Trichloroethane, 1,1,1-.  7.60e+00             1.52e+02
                                              Trichloroethane, 1,1,2-.  7.80e-02             1.56e+00
                                              Trichloroethylene.......  3.04e-01             6.08e+00
                                              Trichlorofluoromethane..  6.85e+01             1.37e+03
                                              Trichlorophenol, 2,4,5-.  9.16e+00             1.83e+02
                                              Trichlorophenol, 2,4,6-.  2.76e-01             5.52e+00
                                              Trichlorophenoxyacetic    2.28e+00             4.56e+01
                                               acid, 2,4,5-(245-T).
                                              Trichlorophenoxypropioni  1.00e+00             2.00e+01
                                               c acid, 2,4,5-(Silvex).
                                              Trichloropropane, 1,2,3-  7.69e-04             1.54e-02
                                              Trinitrobenzene, sym-...  6.49e+00             1.30e+02
                                              Vinyl chloride..........  2.34e-03             4.68e-02
                                              Xylenes (total).........  3.20e+02             6.40e+03


           Table 1--Wastes Excluded From Non-Specific Sources
------------------------------------------------------------------------
     Facility           Address                Waste description
------------------------------------------------------------------------
                                      (4) Changes in Operating
                                       Conditions: If GROWS
                                       significantly changes the
                                       treatment process or the
                                       chemicals used in the treatment
                                       process, GROWS may not manage the
                                       treatment sludge filter cake
                                       generated from the new process
                                       under this exclusion until it has
                                       met the following conditions: (a)
                                       GROWS must demonstrate that the
                                       waste meets the delisting levels
                                       set forth in Paragraph 3; (b) it
                                       must demonstrate that no new
                                       hazardous constituents listed in
                                       Appendix VIII of Part 261 have
                                       been introduced into the
                                       manufacturing or treatment
                                       process: and (c) it must obtain
                                       prior written approval from EPA
                                       and the Pennsylvania Department
                                       of Environmental Protection to
                                       manage the waste under this
                                       exclusion.
                                      (5) Reopener:
                                      (a) If GROWS discovers that a
                                       condition at the facility or an
                                       assumption related to the
                                       disposal of the excluded waste
                                       that was modeled or predicted in
                                       the petition does not occur as
                                       modeled or predicted, then GROWS
                                       must report any information
                                       relevant to that condition, in
                                       writing, to the Regional
                                       Administrator or his delegate and
                                       to the Pennsylvania Department of
                                       Environmental Protection within
                                       10 days of discovering that
                                       condition.
                                      (b) Upon receiving information
                                       described in paragraph (a) of
                                       this section, regardless of its
                                       source, the Regional
                                       Administrator or his delegate and
                                       the Pennsylvania Department of
                                       Environmental Protection will
                                       determine whether the reported
                                       condition requires further
                                       action. Further action may
                                       include repealing the exclusion,
                                       modifying the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and the
                                       environment.
Goodyear Tire and  Randleman, NC....  Dewatered wastewater treatment
 Rubber Co.                            sludges (EPA Hazardous Waste No.
                                       F006) generated from
                                       electroplating operations.
Gould, Inc.......  McConnels ville,   Wastewater treatment sludge (EPA
                    OH.                Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after November 27,
                                       1985.
Hoechst Celanese   Bucks, Alabama...  Distillation bottoms generated (at
 Corporation.                          a maximum annual rate of 31,500
                                       cubic yards) from the production
                                       of sodium hydrosulfite (EPA
                                       Hazardous Waste No. F003). This
                                       exclusion was published on July
                                       17, 1990. This exclusion does not
                                       include the waste contained in
                                       Hoechst Celanese's on-site
                                       surface impoundment.
Hoechst Celanese   Leeds, South       Distillation bottoms generated (at
 Corporation.       Carolina.          a maximum annual rate of 38,500
                                       cubic yards) from the production
                                       of sodium hydrosulfite (EPA
                                       Hazardous Waste No. F003). This
                                       exclusion was published on July
                                       17, 1990.

[[Page 136]]

 
Hanover Wire       Hanover,           Dewatered filter cake (EPA
 Cloth Division.    Pennsylvania.      Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after August 15, 1986.
Holston Army       Kingsport,         Dewatered wastewater treatment
 Ammunition Plant.  Tennessee.         sludges (EPA Hazardous Waste Nos.
                                       F003, F005, and K044) generated
                                       from the manufacturing and
                                       processing of explosives and
                                       containing spent non-halogenated
                                       solvents after November 14, 1986.
Imperial Clevite.  Salem, IN........  Solid resin cakes containing EPA
                                       Hazardous Waste No. F002
                                       generated after August 27, 1985,
                                       from solvent recovery operations.
Indiana Steel &    Munci, IN........  Dewatered wastewater treatment
 Wire Corporation                      sludges (EPA Hazardous Waste Nos.
 (formerly                             F006 and K062) generated from
 General Cable                         electroplating operations and
 Co.).                                 steel finishing operations after
                                       October 24, 1986. This exclusion
                                       does not apply to sludges in any
                                       on-site impoundments as of this
                                       date.
International      Terre Haute,       Spent non-halogenated solvents and
 Minerals and       Indiana.           still bottoms (EPA Hazardous
 Chemical                              Waste No. F003) generated from
 Corporation.                          the recovery of n-butyl alchohol
                                       after August 15, 1986.
Kawneer Company,   Springdale,        Wastewater treatment filter press
 Incorporated.      Arkansas.          sludge (EPA Hazardous Waste No.
                                       F019) generated (at a maximum
                                       annual rate of 26 cubic yards)
                                       from the chemical conversion
                                       coating of aluminum. This
                                       exclusion was published on
                                       November 13, 1990.
Kay-Fries, Inc...  Stoney Point, NY.  Biological aeration lagoon sludge
                                       and filter press sludge generated
                                       after September 21, 1984, which
                                       contain EPA Hazardous Waste Nos.
                                       F003 and F005 as well as that
                                       disposed of in a holding lagoon
                                       as of September 21, 1984.
Keymark Corp.....  Fonda, NY........  Wastewater treatment sludge (EPA
                                       Hazardous Waste No. F019)
                                       generated from chemical
                                       conversion coating of aluminum
                                       after November 27, 1985.
Keymark Corp.....  Fonda, NY........  Wastewater treatment sludges (EPA
                                       Hazardous Waste No. F019)
                                       generated from the chemical
                                       conversion coating of aluminum
                                       and contained in an on-site
                                       impoundment on August 12, 1987.
                                       This is a one-time exclusion.
Lawrence Berkeley  Berkeley,          Treated ignitable and spent
 National           California.        halogenated and non-halogenated
 Laboratory.                           solvent mixed waste (D001, F002,
                                       F003, and F005), and bubbler
                                       water on silica gel generated
                                       during treatment at the National
                                       Tritium Labeling Facility (NTLF)
                                       of the Lawrence Berkeley National
                                       Laboratory (LBNL). This is a one-
                                       time exclusion for 200 U.S.
                                       gallons of treatment residues
                                       that will be disposed of in a
                                       Nuclear Regulatory Commission
                                       (NRC) licensed or Department of
                                       Energy (DOE) approved low-level
                                       radioactive waste disposal
                                       facility, after August 7, 2003.
                                      (1) Waste Management: The treated
                                       waste residue and bubbler water
                                       on silica gel must be managed in
                                       accordance with DOE or NRC
                                       requirements prior to and during
                                       disposal.
                                      (2) Reopener Language: (A) If,
                                       anytime after disposal of the
                                       delisted waste, LBNL possesses or
                                       is otherwise made aware of any
                                       data (including but not limited
                                       to leachate data or groundwater
                                       monitoring data) relevant to the
                                       delisted waste indicating that
                                       any organic constituent from the
                                       waste is detected in the leachate
                                       or the groundwater, then LBNL
                                       must report such data, in
                                       writing, to the Regional
                                       Administrator within 10 days of
                                       first possessing or being made
                                       aware of that data.
                                      (B) Based on the information
                                       described in paragraph (2)(A) and
                                       any other information received
                                       from any source, the Regional
                                       Administrator will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires Agency action to protect
                                       human health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (C) If the Regional Administrator
                                       determines that the reported
                                       information does require Agency
                                       action, the Regional
                                       Administrator will notify LBNL in
                                       writing of the actions the
                                       Regional Administrator believes
                                       are necessary to protect human
                                       health and the environment. The
                                       notice shall include a statement
                                       of the proposed action and a
                                       statement providing LBNL with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary or to suggest an
                                       alternative action. LBNL shall
                                       have 30 days from the date of the
                                       Regional Administrator's notice
                                       to present the information. (D)
                                       If after 30 days LBNL presents no
                                       further information, the Regional
                                       Administrator will issue a final
                                       written determination describing
                                       the Agency actions that are
                                       necessary to protect human health
                                       or the environment. Any required
                                       action described in the Regional
                                       Administrator's determination
                                       shall become effective
                                       immediately, unless the Regional
                                       Administrator provides otherwise.
                                      (3) Notification Requirements:
                                       LBNL must do the following before
                                       transporting the delisted waste
                                       off-site:(A) Provide a one-time
                                       written notification to any State
                                       Regulatory Agency to which or
                                       through which they will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                       (B) Update the one-time written
                                       notification if LBNL ships the
                                       delisted waste to a different
                                       disposal facility. Failure to
                                       provide this notification will
                                       result in a violation of the
                                       delisting petition and a possible
                                       revocation of the exclusion.
Lederle            Pearl River, NY..  Spent non-halogenated solvents and
 Laboratories.                         still bottoms (EPA Hazardous
                                       Waste Nos. F003 and F005)
                                       generated from the recovery of
                                       the following solvents: Xylene,
                                       acetone, ethyl acetate, ethyl
                                       ether, methyl isobutyl ketone, n-
                                       butyl alcohol, cyclohexanone,
                                       methanol, toluene, and pyridine
                                       after August 2, 1988. Excusion
                                       applies to primary and secondary
                                       filter press sludges and compost
                                       soils generated from these
                                       sludges.

[[Page 137]]

 
Lincoln Plating    Lincoln, NE......  Wastewater treatment sludges (EPA
 Company.                              Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after November 17,
                                       1986.
Loxcreen Company,  Hayti, MO........  Dewatered wastewater treatment
 Inc..                                 sludges (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum
                                       after July 16, 1986.
MAHLE, Inc.......  Morristown,        Wastewater treatment sludge filter
                    Tennessee.         cake (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum
                                       (generated at a maximum annual
                                       rate of 33 cubic yards), after
                                       August 21, 1992. In order to
                                       confirm that the characteristics
                                       of the waste do not change
                                       significantly, the facility must,
                                       on an annual basis sample and
                                       test for the constituents listed
                                       in 40 CFR 261.24 using the method
                                       specified therein. The annual
                                       analytical results (including
                                       quality control information) must
                                       be compiled, certified according
                                       to 40 CFR 260.22(i)(12),
                                       maintained on-site for a minimum
                                       of five years, and made available
                                       for inspection upon request by
                                       representatives of EPA or the
                                       State of Tennessee. Failure to
                                       maintain the required records on-
                                       site will be considered by EPA,
                                       at its discretion, sufficient
                                       basis to revoke the exclusion to
                                       the extent directed by EPA.
Marquette          Milwaukee,         Wastewater treatment sludge (EPA
 Electronics        Wisconsin.         Hazardous Waste No. F006)
 Incorporated.                         generated from electroplating
                                       operations. This exclusion was
                                       published on April 20, 1989.
Martin Marietta    Ocala, Florida...  Dewatered wastewater treatment
 Aerospace.                            sludges (EPA Hazardous Waste No.
                                       F006) generated from
                                       electroplating operations after
                                       January 23, 1987.
Mason              Bay St. Louis,     Wastewater treatment sludge filter
 Chamberlain,       Mississippi.       cake (EPA Hazardous Waste No.
 Incorporated.                         F019) generated (at a maximum
                                       annual rate of 1,262 cubic yards)
                                       from the chemical conversion
                                       coating of aluminum. This
                                       exclusion was published on
                                       October 27, 1989.
Maytag Company...  Newton, IA.......  Wastewater treatment sludges (EPA
                                       Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations and wastewater
                                       treatment sludges (EPA Hazardous
                                       Waste No. F019) generated from
                                       the chemical conversion coating
                                       of aluminum November 17, 1986.
McDonnell Douglas  Tulsa, Oklahoma..  Stabilized wastewater treatment
 Corporation.                          sludges from surface impoundments
                                       previously closed as a landfill
                                       (at a maximum generation of
                                       85,000 cubic yards on a one-time
                                       basis). EPA Hazardous Waste No.
                                       F019, F002, F003, and F005
                                       generated at U.S. Air Force Plant
                                       No. 3, Tulsa, Oklahoma and is
                                       disposed of in Subtitle D
                                       landfills after February 26,
                                       1999.
                                      McDonnell Douglas must implement a
                                       testing program that meets the
                                       following conditions for the
                                       exclusion to be valid:
                                      (1) Delisting Levels: All
                                       leachable concentrations for the
                                       constituents in Conditions (1)(A)
                                       and (1)(B) in the approximately
                                       5,000 cubic yards of combined
                                       stabilization materials and
                                       excavated sludges from the bottom
                                       portion of the northwest lagoon
                                       of the surface impoundments which
                                       are closed as a landfill must not
                                       exceed the following levels (ppm)
                                       after the stabilization process
                                       is completed in accordance with
                                       Condition (3). Constituents must
                                       be measured in the waste leachate
                                       by the method specified in 40 CFR
                                       261.24. Cyanide extractions must
                                       be conducted using distilled
                                       water in the place of the
                                       leaching media per 40 CFR 261.24.
                                       Constituents in Condition (1)(C)
                                       must be measured as the total
                                       concentrations in the waste(ppm).
                                       (A) Inorganic Constituents
                                       (leachate)
                                       Antimony-0.336; Cadmium-0.280;
                                       Chromium (total)-5.0; Lead-0.84;
                                       Cyanide-11.2;
                                       (B) Organic Constituents
                                       (leachate)
                                       Benzene-0.28; trans-1,2-
                                       Dichloroethene-5.6;
                                       Tetrachloroethylene-0.280;
                                       Trichloroethylene-0.280
                                       (C) Organic Constituents (total
                                       analysis).
                                       Benzene-10.; Ethylbenzene-10.;
                                       Toluene-30.; Xylenes-30.; trans-
                                       1,2-Dichloroethene-30.;
                                       Tetrachloroethylene-6.0;
                                       Trichloroethylene-6.0.
                                       McDonnell Douglas Corporation
                                       shall control volatile emissions
                                       from the stabilization process by
                                       collection of the volatile
                                       chemicals as they are emitted
                                       from the waste but before release
                                       to the ambient air. and the
                                       facility shall use dust control
                                       measures. These two controls must
                                       be adequate to protect human
                                       health and the environment.
                                       The approximately 80,000 cubic
                                       yards of previously stabilized
                                       waste in the upper northwest
                                       lagoon, entire northeast lagoon,
                                       and entire south lagoon of the
                                       surface impoundments which were
                                       closed as a landfill requires no
                                       verification testing.
                                       (2) Waste Holding and Handling:
                                       McDonnell Douglas must store as
                                       hazardous all stabilized waste
                                       from the bottom portion of the
                                       northwest lagoon area of the
                                       closed landfill as generated
                                       until verification testing as
                                       specified in Condition (3), is
                                       completed and valid analyses
                                       demonstrate that Condition (1) is
                                       satisfied. If the levels of
                                       constituents measured in the
                                       samples of the stabilized waste
                                       do not exceed the levels set
                                       forth in Condition (1), then the
                                       waste is nonhazardous and may be
                                       managed and disposed of in a
                                       Subtitle D landfill in accordance
                                       with all applicable solid waste
                                       regulations. If constituent
                                       levels in a sample exceed any of
                                       the delisting levels set in
                                       Condition (1), the waste
                                       generated during the time period
                                       corresponding to this sample must
                                       be restabilized until delisting
                                       levels are met or managed and
                                       disposed of in accordance with
                                       Subtitle C of RCRA.

[[Page 138]]

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

[[Page 139]]

 
Nissan North       Smyrna, Tennessee  Wastewater treatment sludge (EPA
 America,Inc.                          Hazardous Waste No. F019) that
                                       Nissan North America, Inc.
                                       (Nissan) generates by treating
                                       wastewater from the automobile
                                       assembly plant located at 983
                                       Nissan Drive in Smyrna,
                                       Tennessee. This is a conditional
                                       exclusion for up to 2,400 cubic
                                       yards of waste (hereinafter
                                       referred to as ``Nissan Sludge'')
                                       that will be generated each year
                                       and disposed in a Subtitle D
                                       landfill after June 21, 2002.
                                       Nissan must demonstrate that the
                                       following conditions are met for
                                       the exclusion to be valid.
                                      (1) Delisting Levels: All
                                       leachable concentrations for
                                       these metals, cyanide, and
                                       organic constituents must not
                                       exceed the following levels
                                       (ppm): Barium--100.0; Cadmium--
                                       0.422; Chromium--5.0; Cyanide--
                                       10.1, Lead--5.0; and Nickel--
                                       79.4; Bis(2-ethylhexyl) phthalate-
                                       0.0787; Di-n-octyl phthalate-
                                       0.0984; and 4-Methylphenol--10.0.
                                       These concentrations must be
                                       measured in the waste leachate
                                       obtained by the method specified
                                       in 40 CFR 261.24, except that for
                                       cyanide, deionized water must be
                                       the leaching medium. The total
                                       concentration of cyanide (total,
                                       not amenable) in the waste, not
                                       the waste leachate, must not
                                       exceed 200 mg/kg. Cyanide
                                       concentrations in waste or
                                       leachate must be measured by the
                                       method specified in 40 CFR
                                       268.40, Note 7. The total
                                       concentrations of metals in the
                                       waste, not the waste leachate,
                                       must not exceed the following
                                       levels (ppm): Barium--20,000;
                                       Cadmium--500; Chromium--1,000;
                                       Lead--2,000; and Nickel--20,000.
                                      (2) Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures, must be
                                       performed according to SW-846
                                       methodologies, where specified by
                                       regulations in 40 CFR parts 260--
                                       270. Otherwise, methods must meet
                                       Performance Based Measurement
                                       System Criteria in which the Data
                                       Quality Objectives are to
                                       demonstrate that representative
                                       samples of the Nissan Sludge meet
                                       the delisting levels in Condition
                                       (1).
                                      (A) Initial Verification Testing:
                                       Nissan must collect and analyze a
                                       representative sample from each
                                       of the first eight roll-off boxes
                                       of Nissan sludge generated in its
                                       wastewater treatment system after
                                       June 21, 2002. Nissan must
                                       analyze for the constituents
                                       listed in Condition (1). Nissan
                                       must report analytical test data,
                                       including quality control
                                       information, no later than 60
                                       days after generating the first
                                       Nissan Sludge to be disposed in
                                       accordance with the delisting
                                       Conditions (1) through (7).
                                      (B) Subsequent Verification
                                       Testing: If the initial
                                       verification testing in Condition
                                       (2)(A) is successful, i.e.,
                                       delisting levels of condition (1)
                                       are met for all of the eight roll-
                                       offs described in Condition
                                       (2)(A), Nissan must implement an
                                       annual testing program to
                                       demonstrate that constituent
                                       concentrations measured in the
                                       TCLP extract and total
                                       concentrations measured in the
                                       unextracted waste do not exceed
                                       the delisting levels established
                                       in Condition (1).
                                      (3) Waste Holding and Handling:
                                       Nissan must store as hazardous
                                       all Nissan Sludge generated until
                                       verification testing, as
                                       specified in Condition (2)(A), is
                                       completed and valid analyses
                                       demonstrate that Condition (1) is
                                       satisfied. If the levels of
                                       constituents measured in the
                                       composite samples of Nissan
                                       Sludge do not exceed the levels
                                       set forth in Condition (1), then
                                       the Nissan Sludge is non-
                                       hazardous and must be managed in
                                       accordance with all applicable
                                       solid waste regulations. If
                                       constituent levels in a composite
                                       sample exceed any of the
                                       delisting levels set forth in
                                       Condition (1), the batch of
                                       Nissan Sludge generated during
                                       the time period corresponding to
                                       this sample must be managed and
                                       disposed of in accordance with
                                       Subtitle C of RCRA.
                                      (4) Changes in Operating
                                       Conditions: Nissan must notify
                                       EPA in writing when significant
                                       changes in the manufacturing or
                                       wastewater treatment processes
                                       are implemented. EPA will
                                       determine whether these changes
                                       will result in additional
                                       constituents of concern. If so,
                                       EPA will notify Nissan in writing
                                       that the Nissan Sludge must be
                                       managed as hazardous waste F019
                                       until Nissan has demonstrated
                                       that the wastes meet the
                                       delisting levels set forth in
                                       Condition (1) and any levels
                                       established by EPA for the
                                       additional constituents of
                                       concern, and Nissan has received
                                       written approval from EPA. If EPA
                                       determines that the changes do
                                       not result in additional
                                       constituents of concern, EPA will
                                       notify Nissan, in writing, that
                                       Nissan must verify that the
                                       Nissan Sludge continues to meet
                                       Condition (1) delisting levels.
                                      (5) Data Submittals: Data obtained
                                       in accordance with Condition
                                       (2)(A) must be submitted to
                                       Jewell Grubbs, Chief, RCRA
                                       Enforcement and Compliance
                                       Branch, Mail Code: 4WD-RCRA, U.S.
                                       EPA, Region 4, Sam Nunn Atlanta
                                       Federal Center, 61 Forsyth
                                       Street, SW., Atlanta, Georgia
                                       30303. This submission is due no
                                       later than 60 days after
                                       generating the first batch of
                                       Nissan Sludge to be disposed in
                                       accordance with delisting
                                       Conditions (1) through (7).
                                       Records of analytical data from
                                       Condition (2) must be compiled,
                                       summarized, and maintained by
                                       Nissan for a minimum of three
                                       years, and must be furnished upon
                                       request by EPA or the State of
                                       Tennessee, and made available for
                                       inspection. Failure to submit the
                                       required data within the
                                       specified time period or maintain
                                       the required records for the
                                       specified time will be considered
                                       by EPA, at its discretion,
                                       sufficient basis to revoke the
                                       exclusion to the extent directed
                                       by EPA. All data must be
                                       accompanied by a signed copy of
                                       the certification statement in 40
                                       CFR 260.22(i)(12).

[[Page 140]]

 
                                      (6) Reopener Language: (A) If, at
                                       any time after disposal of the
                                       delisted waste, Nissan possesses
                                       or is otherwise made aware of any
                                       environmental data (including but
                                       not limited to leachate data or
                                       groundwater monitoring data) or
                                       any other data relevant to the
                                       delisted waste indicating that
                                       any constituent identified in the
                                       delisting verification testing is
                                       at a level higher than the
                                       delisting level allowed by EPA in
                                       granting the petition, Nissan
                                       must report the data, in writing,
                                       to EPA within 10 days of first
                                       possessing or being made aware of
                                       that data. (B) If the testing of
                                       the waste, as required by
                                       Condition (2)(B), does not meet
                                       the delisting requirements of
                                       Condition (1), Nissan must report
                                       the data, in writing, to EPA
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data. (C) Based on the
                                       information described in
                                       paragraphs (6)(A) or (6)(B) and
                                       any other information received
                                       from any source, EPA will make a
                                       preliminary determination as to
                                       whether the reported information
                                       requires that EPA take action to
                                       protect human health or the
                                       environment. Further action may
                                       include suspending or revoking
                                       the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and the
                                       environment. (D) If EPA
                                       determines that the reported
                                       information does require Agency
                                       action, EPA will notify the
                                       facility in writing of the action
                                       believed necessary to protect
                                       human health and the environment.
                                       The notice shall include a
                                       statement of the proposed action
                                       and a statement providing Nissan
                                       with an opportunity to present
                                       information as to why the
                                       proposed action is not necessary.
                                       Nissan shall have 10 days from
                                       the date of EPA's notice to
                                       present such information.
                                      (E) Following the receipt of
                                       information from Nissan, as
                                       described in paragraph (6)(D), or
                                       if no such information is
                                       received within 10 days, EPA will
                                       issue a final written
                                       determination describing the
                                       Agency actions that are necessary
                                       to protect human health or the
                                       environment, given the
                                       information received in
                                       accordance with paragraphs (6)(A)
                                       or (6)(B). Any required action
                                       described in EPA's determination
                                       shall become effective
                                       immediately, unless EPA provides
                                       otherwise.
                                      (7) Notification Requirements:
                                       Nissan must provide a one-time
                                       written notification to any State
                                       Regulatory Agency in a State to
                                       which or through which the
                                       delisted waste described above
                                       will be transported, at least 60
                                       days prior to the commencement of
                                       such activities. Failure to
                                       provide such a notification will
                                       result in a violation of the
                                       delisting conditions and a
                                       possible revocation of the
                                       decision to delist.
North American     Greenville,        Wastewater treatment sludges (EPA
 Philips Consumer   Tennessee.         Hazardous Waste No. F006)
 Electronics                           generated from electroplating
 Corporation.                          operations. This exclusion was
                                       published on April 20, 1989.
Occidental         Ingleside, Texas.  Limestone Sludge, (at a maximum
 Chemical.                             generation 1,114 cubic yards per
                                       calender year) Rockbox Residue,
                                       (at a maximum generation of 1,000
                                       cubic yards per calender year)
                                       generated by Occidental Chemical
                                       using the wastewater treatment
                                       process to treat the Rockbox
                                       Residue and the Limestone Sludge
                                       (EPA Hazardous Waste No. F025,
                                       F001, F003, and F005) generated
                                       at Occidental Chemical.
                                      Occidental Chemical must implement
                                       a testing program that meets the
                                       following conditions for the
                                       exclusion to be valid:
                                      (1) Delisting Levels: All
                                       concentrations for the following
                                       constituents must not exceed the
                                       following levels (ppm). The
                                       Rockbox Residue and the Limestone
                                       Sludge, must be measured in the
                                       waste leachate by the method
                                       specified in 40 CFR Part 261.24.
                                      (A) Rockbox Residue
                                      (i) Inorganic Constituents: Barium-
                                       100; Chromium-5; Copper-130; Lead-
                                       1.5; Selenium-1; Tin-2100;
                                       Vanadium-30; Zinc-1,000
                                      (ii) Organic Constituents: Acetone-
                                       400; Bromodichloromethane-0.14;
                                       Bromoform-1.0; Chlorodibromethane-
                                       0.1; Chloroform-1.0;
                                       Dichloromethane-1.0; Ethylbenzene-
                                       7,000; 2,3,7,8-TCDD Equivalent-
                                       0.00000006
                                      (B) Limestone Sludge
                                      (i) Inorganic Constituents:
                                       Antimony-0.6; Arsenic-5; Barium-
                                       100; Beryllium-0.4; Chromium-5;
                                       Cobalt-210; Copper-130; Lead-1.5;
                                       Nickel-70; Selenium-5; Silver-5;
                                       Vanadium-30; Zinc-1,000
                                      (ii) Organic Constituents Acetone-
                                       400; Bromoform-1.0;
                                       Chlorodibromomethane-0.1;
                                       Dichloromethane-1.0; Diethyl
                                       phthalate-3,000, Ethylbenzene-
                                       7,000; 1,1,1-Trichloroethane-20;
                                       Toluene-700;
                                       Trichlorofluoromethane-1,000,
                                       Xylene-10,000, 2,3,7,8-TCDD
                                       Equivalent-0.00000006;
                                      (2) Waste Holding and Handling:
                                       Occidental Chemical must store in
                                       accordance with its RCRA permit,
                                       or continue to dispose of as
                                       hazardous waste all Rockbox
                                       Residue and the Limestone Sludge
                                       generated until the verification
                                       testing described in Condition
                                       (3)(B), as appropriate, is
                                       completed and valid analyses
                                       demonstrate that condition (3) is
                                       satisfied. If the levels of
                                       constituents measured in the
                                       samples of the Rockbox Residue
                                       and the Limestone Sludge do not
                                       exceed the levels set forth in
                                       Condition (1), then the waste is
                                       nonhazardous and may be managed
                                       and disposed of in accordance
                                       with all applicable solid waste
                                       regulations. If constituent
                                       levels in a sample exceed any of
                                       the delisting levels waste
                                       generated during the time period
                                       corresponding to this sample must
                                       be managed and disposed of in
                                       accordance with Subtitle C of
                                       RCRA.

[[Page 141]]

 
                                      (3) Verification Testing
                                       Requirements: Sample collection
                                       and analyses, including quality
                                       control procedures, must be
                                       performed according to SW-846
                                       methodologies. If EPA judges the
                                       incineration process to be
                                       effective under the operating
                                       conditions used during the
                                       initial verification testing,
                                       Occidental Chemical may replace
                                       the testing required in Condition
                                       (3)(A) with the testing required
                                       in Condition (3)(B). Occidental
                                       Chemical must continue to test as
                                       specified in Condition (3)(A)
                                       until and unless notified by EPA
                                       in writing that testing in
                                       Condition (3)(A) may be replaced
                                       by Condition (3)(B).
                                      (A) Initial Verification Testing:
                                       (i) During the first 40 operating
                                       days of the Incinerator Offgas
                                       Treatment System after the final
                                       exclusion is granted, Occidental
                                       Chemical must collect and analyze
                                       composites of the Limestone
                                       Sludge. Daily composites must be
                                       representative grab samples
                                       collected every 6 hours during
                                       each unit operating cycle. The
                                       two wastes must be analyzed,
                                       prior to disposal, for all of the
                                       constituents listed in Paragraph
                                       1. The waste must also be
                                       analyzed for pH. Occidental
                                       Chemical must report the
                                       operational and analytical test
                                       data, including quality control
                                       information, obtained during this
                                       initial period no later than 90
                                       days after the generation of the
                                       two wastes.
                                      (ii) When the Rockbox unit is
                                       decommissioned for cleanout,
                                       after the final exclusion is
                                       granted, Occidental Chemical must
                                       collect and analyze composites of
                                       the Rockbox Residue. Two
                                       composites must be composed of
                                       representative grab samples
                                       collected from the Rockbox unit.
                                       The waste must be analyzed, prior
                                       to disposal, for all of the
                                       constituents listed in Paragraph
                                       1. The waste must be analyzed for
                                       pH. No later than 90 days after
                                       the Rockbox is decommissioned for
                                       cleanout the first two times
                                       after this exclusion becomes
                                       final, Occidental Chemical must
                                       report the operational and
                                       analytical test data, including
                                       quality control information.
                                      (B) Subsequent Verification
                                       Testing: Following written
                                       notification by EPA, Occidental
                                       Chemical may substitute the
                                       testing conditions in (3)(B) for
                                       (3)(A)(i). Occidental Chemical
                                       must continue to monitor
                                       operating conditions, analyze
                                       samples representative of each
                                       quarter of operation during the
                                       first year of waste generation.
                                       The samples must represent the
                                       waste generated over one quarter.
                                       (This provision does not apply to
                                       the Rockbox Residue.)
                                      (C)Termination of Organic Testing
                                       for the Limestone Sludge:
                                       Occidental Chemical must continue
                                       testing as required under
                                       Condition (3)(B) for organic
                                       constituents specified under
                                       Condition (3)(B) for organic
                                       constituents specified in
                                       Condition (1)(A)(ii) and
                                       (1)(B)(ii) until the analyses
                                       submitted under Condition (3)(B)
                                       show a minimum of two consecutive
                                       quarterly samples below the
                                       delisting levels in Condition
                                       (1)(A)(ii) and (1)(B)(ii),
                                       Occidental Chemical may then
                                       request that quarterly organic
                                       testing be terminated. After EPA
                                       notifies Occidental Chemical in
                                       writing it may terminate
                                       quarterly organic testing.
                                       Following termination of the
                                       quarterly testing, Occidental
                                       Chemical must continue to test a
                                       representative composite sample
                                       for all constituents listed in
                                       Condition (1) on an annual basis
                                       (no later than twelve months
                                       after exclusion).
                                      (4) Changes in Operating
                                       Conditions: If Occidental
                                       Chemical significantly changes
                                       the process which generate(s) the
                                       waste(s) and which may or could
                                       affect the composition or type
                                       waste(s) generated as established
                                       under Condition (1) (by
                                       illustration, but not limitation,
                                       change in equipment or operating
                                       conditions of the treatment
                                       process), Occidental Chemical
                                       must notify the EPA in writing
                                       and may no longer handle the
                                       wastes generated from the new
                                       process or no longer discharges
                                       as nonhazardous until the wastes
                                       meet the delisting levels set
                                       Condition (1) and it has received
                                       written approval to do so from
                                       EPA.
                                      (5) Data Submittals: The data
                                       obtained through Condition 3 must
                                       be submitted to Mr. William
                                       Gallagher, Chief, Region 6
                                       Delisting Program, U.S. EPA, 1445
                                       Ross Avenue, Dallas, Texas 75202-
                                       2733, Mail Code, (6PD-O) within
                                       the time period specified.
                                       Records of operating conditions
                                       and analytical data from
                                       Condition (1) must be compiled,
                                       summarized, and maintained on
                                       site for a minimum of five years.
                                       These records and data must be
                                       furnished upon request by EPA, or
                                       the State of Texas, and made
                                       available for inspection. Failure
                                       to submit the required data
                                       within the specified time period
                                       or maintain the required records
                                       on site for the specified time
                                       will be considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA. All data
                                       must be accompanied by a signed
                                       copy of the following
                                       certification statement to attest
                                       to the truth and accuracy of the
                                       data submitted:
                                      Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. Sec. 1001
                                       and 42 U.S.C. Sec. 6928), I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate and
                                       complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      In the event that any of this
                                       information is determined by EPA
                                       in its sole discretion to be
                                       false, inaccurate or incomplete,
                                       and upon conveyance of this fact
                                       to the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.

[[Page 142]]

 
                                      (6) Reopener: (a) If Occidental
                                       Chemical discovers that a
                                       condition at the facility or an
                                       assumption related to the
                                       disposal of the excluded waste
                                       that was modeled or predicted in
                                       the petition does not occur as
                                       modeled or predicted, then
                                       Occidental Chemical must report
                                       any information relevant to that
                                       condition, in writing, to the
                                       Director of the Multimedia
                                       Planning and Permitting Division
                                       or his delegate within 10 days of
                                       discovering that condition. (b)
                                       Upon receiving information
                                       described in paragraph (a) from
                                       any source, the Director or his
                                       delegate will determine whether
                                       the reported condition requires
                                       further action. Further action
                                       may include revoking the
                                       exclusion, modifying the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (7) Notification Requirements:
                                       Occidental Chemical must provide
                                       a one-time written notification
                                       to any State Regulatory Agency to
                                       which or through which the
                                       delisted waste described above
                                       will be transported for disposal
                                       at least 60 days prior to the
                                       commencement of such activities.
                                       Failure to provide such a
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
OxyVinyls, L.P...  Deer Park, TX....  Incinerator Offgas Scrubber Water
                                       (EPA Hazardous Waste Nos. K017,
                                       K019 and K020) generated at a
                                       maximum annual rate of 919,990
                                       cubic yards per calendar year
                                       after April 22, 2004, and
                                       disposed in accordance with the
                                       TPDES permit.
                                      For the exclusion to be valid,
                                       OxyVinyls must implement a
                                       testing program that meets the
                                       following Paragraphs:
                                      (1) Delisting Levels: All total
                                       concentrations for those
                                       constituents must not exceed the
                                       following levels (mg/kg) in the
                                       incinerator offgas scrubber
                                       water.
                                      Incinerator offgas treatment
                                       scrubber water (i) Inorganic
                                       Constituents Antimony-0.0204;
                                       Arsenic-0.385; Barium-2.92;
                                       Beryllium-0.166; Cadmium-0.0225;
                                       Chromium-5.0; Cobalt-13.14;
                                       Copper-418.00; Lead-5.0; Nickel-
                                       1.13; Mercury-0.0111; Vanadium-
                                       0.838; Zinc-2.61
                                      (ii) Organic Constituents Acetone-
                                       1.46; Bromoform-0.481;
                                       Bromomethane-8.2;
                                       Bromodichloromethane-0.0719;
                                       Chloroform-0.683;
                                       Dibromochloromethane-0.057;
                                       Iodomethane-0.19; Methylene
                                       Chloride-0.029; 2,3,7,8-TCDD
                                       equivalents as TEQ-0.0000926
                                      (2) Waste Management:
                                      (A) OxyVinyls must manage as
                                       hazardous all incinerator offgas
                                       treatment scrubber water
                                       generated, until it has completed
                                       initial verification testing
                                       described in Paragraph's (3)(A)
                                       and (B), as appropriate, and
                                       valid analyses show that
                                       paragraph (1) is satisfied.
                                      (B) Levels of constituents
                                       measured in the samples of the
                                       incinerator offgas treatment
                                       scrubber water that do not exceed
                                       the levels set forth in Paragraph
                                       (1) are non-hazardous. OxyVinyls
                                       can manage and dispose the non-
                                       hazardous incinerator offgas
                                       treatment scrubber water
                                       according to all applicable solid
                                       waste regulations.
                                      (C) If constituent levels in a
                                       sample exceed any of the
                                       delisting levels set in Paragraph
                                       (1), OxyVinyls must collect one
                                       additional sample and perform
                                       expedited analyses to confirm if
                                       the constituent exceeds the
                                       delisting level. If this sample
                                       confirms the exceedance,
                                       OxyVinyls must, from that point
                                       forward, treat the waste as
                                       hazardous until it is
                                       demonstrated that the waste again
                                       meets the levels set in Paragraph
                                       (1). OxyVinyls must notify EPA of
                                       the exceedance and resampling
                                       analytical results prior to
                                       disposing of the waste.
                                      (D) If the waste exceeds the
                                       levels in paragraph (1) OxyVinyls
                                       must manage and dispose of the
                                       waste generated under Subtitle C
                                       of RCRA from the time that it
                                       becomes aware of any exceedance.
                                      (E) Upon completion of the
                                       Verification Testing described in
                                       Paragraph's 3(A) and (B) as
                                       appropriate and the transmittal
                                       of the results to EPA, and if the
                                       testing results meet the
                                       requirements of Paragraph (1),
                                       OxyVinyls may proceed to manage
                                       its incinerator offgas treatment
                                       scrubber water as non-hazardous
                                       waste. If Subsequent Verification
                                       Testing indicates an exceedance
                                       of the Delisting Levels in
                                       Paragraph (1), OxyVinyls must
                                       manage the incinerator offgas
                                       treatment scrubber water as a
                                       hazardous waste until two
                                       consecutive quarterly testing
                                       samples show levels below the
                                       Delisting Levels.
                                      (3) Verification Testing
                                       Requirements: OxyVinyls must
                                       perform sample collection and
                                       analyses, including quality
                                       control procedures, according to
                                       SW-846 methodologies. If EPA
                                       judges the process to be
                                       effective under the operating
                                       conditions used during the
                                       initial verification testing,
                                       OxyVinyls may replace the testing
                                       required in Paragraph (3)(A) with
                                       the testing required in Paragraph
                                       (3)(B). OxyVinyls must continue
                                       to test as specified in Paragraph
                                       (3)(A) until and unless notified
                                       by EPA in writing that testing in
                                       Paragraph (3)(A) may be replaced
                                       by Paragraph (3)(B).
                                      (A) Initial Verification Testing:
                                       After EPA grants the final
                                       exclusion, OxyVinyls must do the
                                       following:
                                      (i) Within 60 days of this
                                       exclusion becoming final, collect
                                       four samples, before disposal, of
                                       the incinerator offgas treatment
                                       scrubber water.
                                      (ii) The samples are to be
                                       analyzed and compared against the
                                       delisting levels in Paragraph (1)

[[Page 143]]

 
                                      (iii) Within sixty (60) days after
                                       this exclusion becomes final,
                                       OxyVinyls will report initial
                                       verification analytical test
                                       data, including analytical
                                       quality control information for
                                       the first thirty (30) days of
                                       operation after this exclusion
                                       becomes final of the incinerator
                                       offgas treatment scrubber water.
                                       If levels of constituents
                                       measured in the samples of the
                                       incinerator offgas treatment
                                       scrubber water that do not exceed
                                       the levels set forth in Paragraph
                                       (1) and are also non-hazardous in
                                       two consecutive quarters after
                                       the first thirty (30) days of
                                       operation after this exclusion,
                                       OxyVinyls can manage and dispose
                                       of the incinerator offgas
                                       treatment scrubber water
                                       according to all applicable solid
                                       waste regulations after reporting
                                       the analytical results to EPA.
                                      (B) Subsequent Verification
                                       Testing: Following written
                                       notification by EPA, OxyVinyls
                                       may substitute the testing
                                       conditions in Paragraph (3)(B)
                                       for (3)(A). OxyVinyls must
                                       continue to monitor operating
                                       conditions, and analyze
                                       representative samples for each
                                       quarter of operation during the
                                       first year of waste generation.
                                       The samples must represent the
                                       waste generated during the
                                       quarter. After the first year of
                                       analytical sampling verification
                                       sampling can be performed on a
                                       single annual composite sample of
                                       the incinerator offgas treatment
                                       scrubber water. The results are
                                       to be compared to the delisting
                                       levels in Condition (1).
                                      (C) Termination of Testing: (i)
                                       After the first year of quarterly
                                       testing, if the Delisting Levels
                                       in Paragraph (1) are being met,
                                       OxyVinyls may then request that
                                       EPA stop requiring quarterly
                                       testing. After EPA notifies
                                       OxyVinyls in writing, the company
                                       may end quarterly testing.
                                      (ii) Following cancellation of the
                                       quarterly testing, OxyVinyls must
                                       continue to test a representative
                                       sample for all constituents
                                       listed in Paragraph (1) annually.
                                      (4) Changes in Operating
                                       Conditions: If OxyVinyls
                                       significantly changes the process
                                       described in its petition or
                                       starts any processes that
                                       generate(s) the waste that may or
                                       could significantly affect the
                                       composition or type of waste
                                       generated as established under
                                       Paragraph (1) (by illustration,
                                       but not limitation, changes in
                                       equipment or operating conditions
                                       of the treatment process), it
                                       must notify EPA in writing;
                                       OxyVinyls may no longer handle
                                       the wastes generated from the new
                                       process as nonhazardous until the
                                       wastes meet the delisting levels
                                       set in Paragraph (1) and it has
                                       received written approval to do
                                       so from EPA.
                                      (5) Data Submittals: OxyVinyls
                                       must submit the information
                                       described below. If OxyVinyls
                                       fails to submit the required data
                                       within the specified time or
                                       maintain the required records on-
                                       site for the specified time, EPA,
                                       at its discretion, will consider
                                       this sufficient basis to reopen
                                       the exclusion as described in
                                       Paragraph 6. OxyVinyls must:
                                      (A) Submit the data obtained
                                       through Paragraph 3 to the
                                       Section Chief, EPA Region 6
                                       Corrective Action and Waste
                                       Minimization Section, 1445 Ross
                                       Avenue, Dallas, Texas 75202-2733,
                                       Mail Code, (6PD-C) within the
                                       time specified.
                                      (B) Compile records of operating
                                       conditions and analytical data
                                       from Paragraph (3), summarized,
                                       and maintained on-site for a
                                       minimum of five years.
                                      (C) Furnish these records and data
                                       when EPA or the State of Texas
                                       request them for inspection.
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted:
                                      Under civil and criminal penalty
                                       of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      If any of this information is
                                       determined by EPA in its sole
                                       discretion to be false,
                                       inaccurate or incomplete, and
                                       upon conveyance of this fact to
                                       the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      (6) Reopener
                                      (A) If, anytime after disposal of
                                       the delisted waste OxyVinyls
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at a level higher than the
                                       delisting level allowed by the
                                       Regional Administrator or his
                                       delegate in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Regional Administrator or his
                                       delegate within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (B) If the annual testing of the
                                       waste does not meet the delisting
                                       requirements in Paragraph 1,
                                       OxyVinyls must report the data,
                                       in writing, to the Regional
                                       Administrator or his delegate
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data.

[[Page 144]]

 
                                      (C) If OxyVinyls fails to submit
                                       the information described in
                                       paragraphs (5), (6)(A) or (6)(B)
                                       or if any other information is
                                       received from any source, the
                                       Regional Administrator or his
                                       delegate will make a preliminary
                                       determination as to whether the
                                       reported information requires EPA
                                       action to protect human health or
                                       the environment. Further action
                                       may include suspending, or
                                       revoking the exclusion, or other
                                       appropriate response necessary to
                                       protect human health and the
                                       environment.
                                      (D) If the Regional Administrator
                                       or his delegate determines that
                                       the reported information does
                                       require action by EPA's Regional
                                       Administrator or his delegate
                                       will notify the facility in
                                       writing of the actions the
                                       Regional Administrator or his
                                       delegate believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed EPA action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Regional Administrator or his
                                       delegate's notice to present such
                                       information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(D) or
                                       (if no information is presented
                                       under paragraph (6)(D)) the
                                       initial receipt of information
                                       described in paragraphs (5),
                                       (6)(A) or (6)(B), the Regional
                                       Administrator or his delegate
                                       will issue a final written
                                       determination describing EPA
                                       actions that are necessary to
                                       protect human health or the
                                       environment. Any required action
                                       described in the Regional
                                       Administrator or his delegate's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator or his
                                       delegate provides otherwise.
                                      (7) Notification Requirements:
                                      OxyVinyls must do the following
                                       before transporting the delisted
                                       waste. Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
                                      (A) Provide a one-time written
                                       notification to any State
                                       Regulatory Agency to which or
                                       through which it will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update the one-time written
                                       notification if it ships the
                                       delisted waste into a different
                                       disposal facility.
                                      (C) Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       variance and a possible
                                       revocation of the decision.
Philway Products,  Ashland, Ohio....  Filter press sludge generated (at
 Incorporated.                         a maximum annual rate of 96 cubic
                                       yards) during the treatment of
                                       electroplating wastewaters using
                                       lime (EPA Hazardous Waste No.
                                       F006). This exclusion was
                                       published on October 26, 1990.
Plastene Supply    Portageville,      Dewatered wastewater treatment
 Company.           Missouri.          sludges (EPA Hazardous Waste No.
                                       F006) generated from
                                       electroplating operations after
                                       August 15, 1986.
POP Fasteners....  Shelton,           Wastewater treatment sludge (EPA
                    Connecticut.       Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations (at a maximum annual
                                       rate of 1,000 cubic yards) after
                                       September 19, 1994. In order to
                                       confirm that the characteristics
                                       of the waste do not change
                                       significantly, the facility must,
                                       on an annual basis, analyze a
                                       representative composite sample
                                       for the constituents listed in
                                       Sec. 261.24 using the method
                                       specified therein. The annual
                                       analytical results, including
                                       quality control information, must
                                       be compiled, certified according
                                       to Sec. 260.22(i)(12),
                                       maintained on site for a minimum
                                       of five years, and made available
                                       for inspection upon request by
                                       any employee or representative of
                                       EPA or the State of Connecticut.
                                       Failure to maintain the required
                                       records on site will be
                                       considered by EPA, at its
                                       discretion, sufficient basis to
                                       revoke the exclusion to the
                                       extent directed by EPA.
Reynolds Metals    Sheffield, AL....  Dewatered wastewater treatment
 Company.                              sludges (EPA Hazardous Waste No.
                                       F019) generated from the chemical
                                       conversion coating of aluminum
                                       after August 15, 1986.
Reynolds Metals    Sheffield, AL....  Wastewater treatment filter press
 Company.                              sludge (EPA Hazardous Waste No.
                                       F019) generated (at a maximum
                                       annual rate of 3,840 cubic yards)
                                       from the chemical conversion
                                       coating of aluminum. This
                                       exclusion was published on July
                                       17, 1990.
Rhodia...........  Houston,Texas....  Filter-cake Sludge, (at a maximum
                                       generation of 1,200 cubic yards
                                       per calendar year) generated by
                                       Rhodia using the SARU and AWT
                                       treatment process to treat the
                                       filter-cake sludge (EPA Hazardous
                                       Waste Nos. D001-D43, F001-F012,
                                       F019, F024, F025, F032, F034,
                                       F037-F039) generated at Rhodia.
                                      Rhodia must implement a testing
                                       program that meets the following
                                       conditions for the exclusion to
                                       be valid:
                                      (1) Delisting Levels: All
                                       concentrations for the following
                                       constituents must not exceed the
                                       following levels (mg/l). For the
                                       filter-cake constituents must be
                                       measured in the waste leachate by
                                       the method specified in 40 CFR
                                       261.24.
                                      (A) Filter-cake Sludge
                                      (i) Inorganic Constituents:
                                       Antimony-1.15; Arsenic-1.40;
                                       Barium-21.00; Beryllium-1.22;
                                       Cadmium-0.11; Cobalt-189.00;
                                       Copper-90.00; Chromium-0.60; Lead-
                                       0.75; Mercury-0.025; Nickel-9.00;
                                       Selenium-4.50; Silver-0.14;
                                       Thallium-0.20; Vanadium-1.60;
                                       Zinc-4.30
                                      (ii) Organic Constituents:
                                       Chlorobenzene-Non Detect; Carbon
                                       Tetrachloride-Non Detect; Acetone-
                                       360; Chloroform-0.9

[[Page 145]]

 
                                      (2) Waste Holding and Handling:
                                       Rhodia must store in accordance
                                       with its RCRA permit, or continue
                                       to dispose of as hazardous waste
                                       all Filter-cake Sludge until the
                                       verification testing described in
                                       Condition (3)(A), as appropriate,
                                       is completed and valid analyses
                                       demonstrate that condition (3) is
                                       satisfied. If the levels of
                                       constituents measured in the
                                       samples of the Filter-cake Sludge
                                       do not exceed the levels set
                                       forth in Condition (1), then the
                                       waste is nonhazardous and may be
                                       managed and disposed of in
                                       accordance with all applicable
                                       solid waste regulations.
                                      (3) Verification Testing
                                       Requirements: Rhodia must perform
                                       sample collection and analyses,
                                       including quality control
                                       procedures, according to SW-846
                                       methodologies. If EPA judges the
                                       process to be effective under the
                                       operating conditions used during
                                       the initial verification testing,
                                       Rhodia may replace the testing
                                       required in Condition (3)(A) with
                                       the testing required in Condition
                                       (3)(B). Rhodia must continue to
                                       test as specified in Condition
                                       (3)(A) until and unless notified
                                       by EPA in writing that testing in
                                       Condition (3)(A) may be replaced
                                       by Condition (3)(B).
                                      (A) Initial Verification Testing:
                                       At quarterly intervals for one
                                       year after the final exclusion is
                                       granted, Rhodia must collect and
                                       analyze composites of the filter-
                                       cake sludge. From Paragraph 1
                                       TCLP must be run on all waste and
                                       any constituents for which total
                                       concentrations have been
                                       identified. Rhodia must conduct a
                                       multiple pH leaching procedure on
                                       samples collected during the
                                       quarterly intervals. Rhodia must
                                       perform the TCLP procedure using
                                       distilled water and three
                                       different pH extraction fluids to
                                       simulate disposal under three
                                       conditions. Simulate an acidic
                                       landfill environment, basic
                                       landfill environment and a
                                       landfill environment similar to
                                       the pH of the waste. Rhodia must
                                       report the operational and
                                       analytical test data, including
                                       quality control information,
                                       obtained during this initial
                                       period no later than 90 days
                                       after the generation of the
                                       waste.
                                      (B) Subsequent Verification
                                       Testing: Following termination of
                                       the quarterly testing, Rhodia
                                       must continue to test a
                                       representative composite sample
                                       for all constituents listed in
                                       Condition (1) on an annual basis
                                       (no later than twelve months
                                       after the final exclusion).
                                      (4) Changes in Operating
                                       Conditions: If Rhodia
                                       significantly changes the process
                                       which generate(s) the waste(s)
                                       and which may or could affect the
                                       composition or type waste(s)
                                       generated as established under
                                       Condition (1) (by illustration,
                                       but not limitation, change in
                                       equipment or operating conditions
                                       of the treatment process), or its
                                       NPDES permit is changed, revoked
                                       or not reissued, Rhodia must
                                       notify the EPA in writing and may
                                       no longer handle the waste
                                       generated from the new process or
                                       no longer discharge as
                                       nonhazardous until the waste meet
                                       the delisting levels set in
                                       Condition (1) and it has received
                                       written approval to do so from
                                       EPA.
                                      (5) Data Submittals: Rhodia must
                                       submit the information described
                                       below. If Rhodia fails to submit
                                       the required data within the
                                       specified time or maintain the
                                       required records on-site for the
                                       specified time, EPA, at its
                                       discretion, will consider this
                                       sufficient basis to reopen the
                                       exclusion as described in
                                       Paragraph 6. Rhodia must:
                                      (A) Submit the data obtained
                                       through Paragraph 3 to Mr.
                                       William Gallagher, Chief, Region
                                       6 Delisting Program, EPA, 1445
                                       Ross Avenue, Dallas, Texas 75202-
                                       2733, Mail Code, (6PD-O) within
                                       the time specified.
                                      (B) Compile records of operating
                                       conditions and analytical data
                                       from Paragraph (3), summarized,
                                       and maintained on-site for a
                                       minimum of five years.
                                      (C) Furnish these records and data
                                       when EPA or the State of Texas
                                       request them for inspection.
                                      (D) Send along with all data a
                                       signed copy of the following
                                       certification statement, to
                                       attest to the truth and accuracy
                                       of the data submitted:
                                      (i) Under civil and criminal
                                       penalty of law for the making or
                                       submission of false or fraudulent
                                       statements or representations
                                       (pursuant to the applicable
                                       provisions of the Federal Code,
                                       which include, but may not be
                                       limited to, 18 U.S.C. 1001 and 42
                                       U.S.C. 6928), I certify that the
                                       information contained in or
                                       accompanying this document is
                                       true, accurate and complete.
                                      (ii) As to the (those) identified
                                       section(s) of this document for
                                       which I cannot personally verify
                                       its (their) truth and accuracy, I
                                       certify as the company official
                                       having supervisory responsibility
                                       for the persons who, acting under
                                       my direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.
                                      (iii) If any of this information
                                       is determined by EPA in its sole
                                       discretion to be false,
                                       inaccurate or incomplete, and
                                       upon conveyance of this fact to
                                       the company, I recognize and
                                       agree that this exclusion of
                                       waste will be void as if it never
                                       had effect or to the extent
                                       directed by EPA and that the
                                       company will be liable for any
                                       actions taken in contravention of
                                       the company's RCRA and CERCLA
                                       obligations premised upon the
                                       company's reliance on the void
                                       exclusion.
                                      (6) Reopener Language
                                      (A) If, anytime after disposal of
                                       the delisted waste, Rhodia
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Regional Administrator or his
                                       delegate in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Regional Administrator or his
                                       delegate within 10 days of first
                                       possessing or being made aware of
                                       that data.

[[Page 146]]

 
                                      (B) If the annual testing of the
                                       waste does not meet the delisting
                                       requirements in Paragraph 1,
                                       Rhodia must report the data, in
                                       writing, to the Regional
                                       Administrator or his delegate
                                       within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (C) If Rhodia fails to submit the
                                       information described in
                                       paragraphs (5), (6)(A) or (6)(B)
                                       or if any other information is
                                       received from any source, the
                                       Regional Administrator or his
                                       delegate will make a preliminary
                                       determination as to whether the
                                       reported information requires
                                       Agency action to protect human
                                       health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (D) If the Regional Administrator
                                       or his delegate determines that
                                       the reported information does
                                       require Agency action, the
                                       Regional Administrator or his
                                       delegate will notify the facility
                                       in writing of the actions the
                                       Regional Administrator or his
                                       delegate believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Regional Administrator or his
                                       delegate's notice to present such
                                       information.
                                      (E) Following the receipt of
                                       information from the facility
                                       described in paragraph (6)(D) or
                                       (if no information is presented
                                       under paragraph (6)(D)) the
                                       initial receipt of information
                                       described in paragraphs (5),
                                       (6)(A) or (6)(B), the Regional
                                       Administrator or his delegate
                                       will issue a final written
                                       determination describing the
                                       Agency actions that are necessary
                                       to protect human health or the
                                       environment. Any required action
                                       described in the Regional
                                       Administrator or his delegate's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator or his
                                       delegate provides otherwise.
                                      (7) Notification Requirements:
                                       Rhodia must do following before
                                       transporting the delisted waste:
                                       Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the decision.
                                      (A) Provide a one-time written
                                       notification to any State
                                       Regulatory Agency to which or
                                       through which they will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update the one-time written
                                       notification if they ship the
                                       delisted waste into a different
                                       disposal facility.
Savannah River     Aiken, South       Vitrified waste (EPA Hazardous
 Site (SRS).        Carolina.          Waste Nos. F006 and F028) that
                                       the United States Department of
                                       Energy Savannah River Operations
                                       Office (DOE-SR) generated by
                                       treating the following waste
                                       streams from the M-Area of the
                                       Savannah River Site (SRS) in
                                       Aiken, South Carolina, as
                                       designated in the SRS Site
                                       Treatment Plan: W-004, Plating
                                       Line Sludge from Supernate
                                       Treatment; W-995, Mark 15 Filter
                                       Cake; W-029, Sludge Treatability
                                       Samples (glass and cementitious);
                                       W-031, Uranium/Chromium Solution;
                                       W-037, High Nickel Plating Line
                                       Sludge; W-038, Plating Line Sump
                                       Material; W-039, Nickel Plating
                                       Line Solution; W-048, Soils from
                                       Spill Remediation and Sampling
                                       Programs; W-054, Uranium/Lead
                                       Solution; W-082, Soils from
                                       Chemicals, Metals, and Pesticides
                                       Pits Excavation; and Dilute
                                       Effluent Treatment Facility
                                       (DETF) Filtercake (no Site
                                       Treatment Plan code). This is a
                                       one-time exclusion for 538 cubic
                                       yards of waste (hereinafter
                                       referred to as ``DOE-SR Vitrified
                                       Waste'') that was generated from
                                       1996 through 1999 and 0.12 cubic
                                       yard of cementitious treatability
                                       samples (hereinafter referred to
                                       as ``CTS'') generated from 1988
                                       through 1991 (EPA Hazardous Waste
                                       No. F006). The one-time exclusion
                                       for these wastes is contingent on
                                       their being disposed in a low-
                                       level radioactive waste landfill,
                                       in accordance with the Atomic
                                       Energy Act, after [insert date of
                                       final rule.] DOE-SR has
                                       demonstrated that concentrations
                                       of toxic constituents in the DOE-
                                       SR Vitrified Waste and CTS do not
                                       exceed the following levels:
                                         (1) TCLP Concentrations: All
                                          leachable concentrations for
                                          these metals did not exceed
                                          the Land Disposal Restrictions
                                          (LDR) Universal Treatment
                                          Standards (UTS): (mg/l TCLP):
                                          Arsenic--5.0; Barium--21;
                                          Beryllium--1.22; Cadmium--
                                          0.11; Chromium--0.60; Lead--
                                          0.75; Nickel--11; and Silver--
                                          0.14. In addition, none of the
                                          metals in the DOE-SR Vitrified
                                          Waste exceeded the allowable
                                          delisting levels of the EPA,
                                          Region 6 Delisting Risk
                                          Assessment Software (DRAS):
                                          (mg/l TCLP): Arsenic--0.0649;
                                          Barium--100.0; Beryllium--
                                          0.40; Cadmium--1.0; Chromium--
                                          5.0; Lead--5.0; Nickel--10.0;
                                          and Silver--5.0. These metal
                                          concentrations were measured
                                          in the waste leachate obtained
                                          by the method specified in 40
                                          CFR 261.24.
                                         Total Concentrations in
                                          Unextracted Waste: The total
                                          concentrations in the DOE-SR
                                          Vitrified Waste, not the waste
                                          leachate, did not exceed the
                                          following levels (mg/kg):
                                          Arsenic--10; Barium--200;
                                          Beryllium--10; Cadmium--10;
                                          Chromium--500; Lead--200;
                                          Nickel--10,000; Silver--20;
                                          Acetonitrile--1.0, which is
                                          below the LDR UTS of 38 mg/kg;
                                          and Fluoride--1.0
                                         (2) Data Records: Records of
                                          analytical data for the
                                          petitioned waste must be
                                          maintained by DOE-SR for a
                                          minimum of three years, and
                                          must be furnished upon request
                                          by EPA or the State of South
                                          Carolina, and made available
                                          for inspection. Failure to
                                          maintain the required records
                                          for the specified time will be
                                          considered by EPA, at its
                                          discretion, sufficient basis
                                          to revoke the exclusion to the
                                          extent directed by EPA. All
                                          data must be maintained with a
                                          signed copy of the
                                          certification statement in 40
                                          CFR 260.22(i)(12).

[[Page 147]]

 
                                         (3) Reopener Language: (A) If,
                                          at any time after disposal of
                                          the delisted waste, DOE-SR
                                          possesses or is otherwise made
                                          aware of any environmental
                                          data (including but not
                                          limited to leachate data or
                                          groundwater monitoring data)
                                          or any other data relevant to
                                          the delisted waste indicating
                                          that any constituent is
                                          identified at a level higher
                                          than the delisting level
                                          allowed by EPA in granting the
                                          petition, DOE-SR must report
                                          the data, in writing, to EPA
                                          within 10 days of first
                                          possessing or being made aware
                                          of that data. (B) Based on the
                                          information described in
                                          paragraph (3)(A) and any other
                                          information received from any
                                          source, EPA will make a
                                          preliminary determination as
                                          to whether the reported
                                          information requires that EPA
                                          take action to protect human
                                          health or the environment.
                                          Further action may include
                                          suspending or revoking the
                                          exclusion, or other
                                          appropriate response necessary
                                          to protect human health and
                                          the environment. (C) If EPA
                                          determines that the reported
                                          information does require
                                          Agency action, EPA will notify
                                          the facility in writing of the
                                          action believed necessary to
                                          protect human health and the
                                          environment. The notice shall
                                          include a statement of the
                                          proposed action and a
                                          statement providing DOE-SR
                                          with an opportunity to present
                                          information as to why the
                                          proposed action is not
                                          necessary. DOE-SR shall have
                                          10 days from the date of EPA's
                                          notice to present such
                                          information.(E) Following the
                                          receipt of information from
                                          DOE-SR, as described in
                                          paragraph (3)(D), or if no
                                          such information is received
                                          within 10 days, EPA will issue
                                          a final written determination
                                          describing the Agency actions
                                          that are necessary to protect
                                          human health or the
                                          environment, given the
                                          information received in
                                          accordance with paragraphs
                                          (3)(A) or (3)(B). Any required
                                          action described in EPA's
                                          determination shall become
                                          effective immediately, unless
                                          EPA provides otherwise.
                                         (4) Notification Requirements:
                                          DOE-SR must provide a one-time
                                          written notification to any
                                          State Regulatory Agency in a
                                          State to which or through
                                          which the delisted waste
                                          described above will be
                                          transported, at least 60 days
                                          prior to the commencement of
                                          such activities. Failure to
                                          provide such a notification
                                          will result in a violation of
                                          the delisting conditions and a
                                          possible revocation of the
                                          decision to delist.
Siegel-Robert,     St. Louis, MO....  Wastewater treatment sludge (EPA
 Inc..                                 Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after November 27,
                                       1985.
Southeastern       Suffolk, Virginia  Combustion ash generated from the
 Public Service                        burning of spent solvent methyl
 Authority (SPSA)                      ethyl ketone (Hazardous Waste
 and Onyx                              Number F005) and disposed in a
 Environmental                         Subtitle D landfill. This is a
 Service (Onyx).                       one-time exclusion for 1410 cubic
                                       yards of ash and is effective
                                       after September 11, 2003.
                                      (1) Reopener Language (a) If SPSA
                                       and/or Onyx discovers that any
                                       condition or assumption related
                                       to the characterization of the
                                       excluded waste which was used in
                                       the evaluation of the petition or
                                       that was predicted through
                                       modeling is not as reported in
                                       the petition, then SPSA and/or
                                       Onyx must report any information
                                       relevant to that condition or
                                       assumption, in writing, to the
                                       Regional Administrator and the
                                       Virginia Department of
                                       Environmental Quality within 10
                                       calendar days of discovering that
                                       information.
                                      (b) Upon receiving information
                                       described in paragraph (a) of
                                       this section, regardless of its
                                       source, the Regional
                                       Administrator will determine
                                       whether the reported condition
                                       requires further action. Further
                                       action may include repealing the
                                       exclusion, modifying the
                                       exclusion, or other appropriate
                                       action deemed necessary to
                                       protect human health or the
                                       environment.
                                      (2) Notification Requirements In
                                       the event that the delisted waste
                                       is transported off-site for
                                       disposal, SPSA/Onyx must provide
                                       a one-time written notification
                                       to any State Regulatory Agency to
                                       which or through which the
                                       delisted waste described above
                                       will be transported at least
                                       sixty (60) calendar days prior to
                                       the commencement of such
                                       activities. Failure to provide
                                       such notification will be deemed
                                       to be a violation of this
                                       exclusion and may result in
                                       revocation of the decision and
                                       other enforcement action.
Square D Company.  Oxford, Ohio.....  Dewatered filter press sludge (EPA
                                       Hazardous Waste No. F006)
                                       generated from electroplating
                                       operations after August 15, 1986.
Syntex             Springfield, MO..  Kiln ash, cyclone ash, separator
 Agribusiness.                         sludge, and filtered wastewater
                                       (except spent activiated carbon)
                                       (EPA Hazardous Waste No. F020
                                       generated during the treatment of
                                       wastewater treatment sludge by
                                       the EPA's Mobile Incineration
                                       System at the Denney Farm Site in
                                       McDowell, Missouri after June 2,
                                       1988, so long as:
                                      (1) The incinerator is monitored
                                       continuously and is in compliance
                                       with operating permit conditions.
                                       Should the incinerator fail to
                                       comply with the permit conditions
                                       relevant to the mechanical
                                       operation of the incinerator,
                                       Syntex must test the residues
                                       generated during the run when the
                                       failure occurred according to the
                                       requirements of Conditions (2)
                                       through (6), regardless of
                                       whether or not the demonstration
                                       in Condition (7) has been made.

[[Page 148]]

 
                                      (2) Four grab samples of
                                       wastewater must be composited
                                       from the volume of filtered
                                       wastewater collected after each
                                       eight hour run and, prior to
                                       disposal the composite samples
                                       must be analyzed for the EP toxic
                                       metals, nickel, and cyanide. If
                                       arsenic, chromium, lead, and
                                       silver EP leachate test results
                                       exceed 0.61 ppm; barium levels
                                       exceed 12 ppm; cadmium and
                                       selenium levels exceed 0.12 ppm;
                                       mercury levels exceed 0.02 ppm;
                                       nickel levels exceed 6.1 ppm; or
                                       cyanide levels exceed 2.4 ppm,
                                       the wastewater must be retreated
                                       to achieve these levels or must
                                       be disposed in accordance with
                                       all applicable hazardous waste
                                       regulations. Analyses must be
                                       performed according to SW-846
                                       methodologies.
                                      (3) One grab sample must be taken
                                       from each drum of kiln and
                                       cyclone ash generated during each
                                       eight hour run; all grabs
                                       collected during a given eight
                                       hour run must then be composited
                                       to form one composite sample. A
                                       composite sample of four grab
                                       samples of the separator sludge
                                       must be collected at the end of
                                       each eight hour run. Prior to the
                                       disposal of the residues from
                                       each eight hour run, an EP
                                       leachate test must be performed
                                       on these composite samples and
                                       the leachate analyzed for the EP
                                       toxic metals, nickel, and cyanide
                                       (using a distilled water
                                       extraction for the cyanide
                                       extraction) to demonstrate that
                                       the following maximum allowable
                                       treatment residue concentrations
                                       listed below are not exceeded.
                                       Analyses must be performed
                                       according to SW-846
                                       methodologies. Any residues which
                                       exceed any of the levels listed
                                       below must be retreated to
                                       achieve these levels or must be
                                       disposed in accordance with all
                                       applicable hazardous waste
                                       regulations.
                                      Maximum Allowable Solids Treatment
                                       Residue EP Leachate
                                       Concentrations (mg/L)
                                       Arsenic--1.6
                                       Barium--32
                                       Cadmium--0.32
                                       Chromium--1.6
                                       Lead--1.6
                                       Mercury--0.065
                                       Nickel--16
                                       Selenium--0.32
                                       Silver--1.6
                                       Cyanide--6.5
                                      (4)--If Syntex stabilizes any of
                                       the kiln and cyclone ash or
                                       separator sludge, a Portland
                                       cement-type stabilization process
                                       must be used and Syntex must
                                       collect a composite sample of
                                       four grab samples from each batch
                                       of stabilized waste. An MEP
                                       leachate test must be performed
                                       on these composite samples and
                                       the leachate analyzed for the EP
                                       toxic metals, nickel, and cyanide
                                       (using a distilled water
                                       extraction for the cyanide
                                       leachate analysis) to demonstrate
                                       that the maximum allowable
                                       treatment residue concentrations
                                       listed in Condition (3) are not
                                       exceeded during any run of the
                                       MEP extraction. Analyses must be
                                       performed according to SW-846
                                       methodologies. Any residues which
                                       exceed any of the levels listed
                                       in Condition (3) must be
                                       retreated to achieve these levels
                                       or must be disposed in accordance
                                       with all applicable hazardous
                                       waste regulations. (If the
                                       residues are stabilized, the
                                       analyses required in this
                                       condition supercede the analyses
                                       required in Condition (3).)
                                      (5) Syntex must generate, prior to
                                       disposal of residues,
                                       verification data from each eight
                                       hour run from each treatment
                                       residue (i.e., kiln and cyclone
                                       ash, separator sludge, and
                                       filtered wastewater) to
                                       demonstrate that the maximum
                                       allowable treatment residue
                                       concentrations listed below are
                                       not exceeded. Samples must be
                                       collected as specified in
                                       Conditions (2) and (3). Analyses
                                       must be performed according to SW-
                                       846 methodologies. Any solid or
                                       liquid residues which exceed any
                                       of the levels listed below must
                                       be retreated to achieve these
                                       levels or must be disposed in
                                       accordance with Subtitle C of
                                       RCRA.
                                      Maximum Allowable Wastewater
                                       Concentrations (ppm):
                                       Benz(a)anthracene--1x10-4
                                       Benzo(a)pyrene--4x10-5
                                       Benzo(b)fluoranthene--2x10-4
                                       Chloroform--0.07
                                       Chrysene--0.002
                                       Dibenz(a,h)anthracene--9x10-6
                                       1,2-Dichloroethane--0.06
                                       Dichloromethane--0.06
                                       Indeno(1,2,3-cd)pyrene--0.002
                                       Polychlorinated biphenyls--1x10-4
                                       1,2,4,5-Tetrachlorobenzene--0.13
                                       2,3,4,6-Tetrachlorophenol--12
                                       Toluene--120
                                       Trichloroethylene--0.04
                                       2,4,5-Trichlorophenol--49
                                       2,4,6-Trichlorophenol--0.02
                                      Maximum Allowable Solid Treatment
                                       Residue Concentrations (ppm):
                                       Benz(a)anthracene--1.1
                                       Benzo(a)pyrene--0.43
                                       Benzo(b)fluoranthene--1.8
                                       Chloroform--5.4
                                       Chrysene--170
                                       Dibenz(a,h)anthracene--0.083

[[Page 149]]

 
                                       Dichloromethane--2.4
                                       1,2-Dichloroethane--4.1
                                       Indeno(1,2,3-cd)pyrene--330
                                       Polychlorinated biphenyls--0.31
                                       1,2,4,5-Tetrachlorobenzene--720
                                       Trichloroethylene--6.6
                                       2,4,6-Trichlorophenol--3.9
                                      (6) Syntex must generate, prior to
                                       disposal of residues,
                                       verification data from each eight
                                       hour run for each treatment
                                       residue (i.e., kiln and cyclone
                                       ash, separator sludge, and
                                       filtered wastewater) to
                                       demonstrate that the residues do
                                       not contain tetra-, penta-, or
                                       hexachlorodibenzo-p-dioxins or
                                       furans at levels of regulatory
                                       concern. Samples must be
                                       collected as specified in
                                       Conditions (2) and (3). The TCDD
                                       equivalent levels for wastewaters
                                       must be less than 2 ppq and less
                                       than 5 ppt for the solid
                                       treatment residues. Any residues
                                       with detected dioxins or furans
                                       in excess of these levels must be
                                       retreated or must be disposed as
                                       acutely hazardous. Method 8290, a
                                       high resolution gas
                                       chromatography and high
                                       resolution mass spectroscopy
                                       (HRGC/HRMS) analytical method,
                                       must be used. For tetra- and
                                       pentachloronated dioxin and furan
                                       homologs, the maximum practical
                                       quantitation limit must not
                                       exceed 15 ppt for solids and 120
                                       ppq for wastewaters. For
                                       hexachlorinated homologs, the
                                       maximum practical quantitation
                                       limit must not exceed 37 ppt for
                                       solids and 300 ppq for
                                       wastewaters.
                                      (7)(A) The test data from
                                       Conditions (1), (2), (3), (4),
                                       (5) and (6) must be kept on file
                                       by Syntex for inspection purposes
                                       and must be compiled, summarized,
                                       and submitted to the Section
                                       Chief, Variances Section, PSPD/
                                       OSW (WH-563), US EPA, 1200
                                       Pennsylvania Ave., NW.,
                                       Washington, DC 20460 by certified
                                       mail on a monthly basis and when
                                       the treatment of the lagoon
                                       sludge is concluded. All data
                                       submitted will be placed in the
                                       RCRA docket.
                                      (B) The testing requirements for
                                       Conditions (2), (3), (4), (5),
                                       and (6) will continue until
                                       Syntex provides the Section
                                       Chief, Variances Section, with
                                       the results of four consecutive
                                       batch analyses for the petitioned
                                       wastes, none of which exceed the
                                       maximum allowable treatment
                                       residue concentrations listed in
                                       these conditions and the Section
                                       Chief, Variances Section,
                                       notifies Syntex that the
                                       conditions have been lifted.
                                      (8) Syntex must provide a signed
                                       copy of the following
                                       certification statement when
                                       submitting data in response to
                                       the conditions listed above:
                                       ``Under civil and criminal
                                       penalty of law for the making or
                                       submission of false or fraudulent
                                       statements or representations, I
                                       certify that the information
                                       contained in or accompanying this
                                       document is true, accurate, and
                                       complete. As to the (those)
                                       identified section(s) of this
                                       document for which I cannot
                                       personally verify its (their)
                                       accuracy, I certify as the
                                       company official having
                                       supervisory responsibility for
                                       the persons who, acting under my
                                       direct instructions, made the
                                       verification that this
                                       information is true, accurate and
                                       complete.''
SR of Tennessee..  Ripley, TN.......  Dewatered wastewater treatment
                                       sludges (EPA Hazardous Waste No.
                                       F006) generated from the copper,
                                       nickel, and chromium
                                       electroplating of plastic parts
                                       after November 17, 1986.
Tenneco            Paragould, AR....  Stabilized sludge from
 Automotive.                           electroplating operations,
                                       excavated from the Finch Road
                                       Landfill and currently stored in
                                       containment cells by Tenneco (EPA
                                       Hazardous Waste Nos. F006). This
                                       is a one-time exclusion for 1,800
                                       cubic yards of stabilized sludge
                                       when it is disposed of in a
                                       Subtitle D landfill. This
                                       exclusion was published on August
                                       9, 2001.
                                      (1) Reopener Language:
                                      (A) If, anytime after disposal of
                                       the delisted waste, Tenneco
                                       possesses or is otherwise made
                                       aware of any environmental data
                                       (including but not limited to
                                       leachate data or groundwater
                                       monitoring data) or any other
                                       data relevant to the delisted
                                       waste indicating that any
                                       constituent identified for the
                                       delisting verification testing is
                                       at level higher than the
                                       delisting level allowed by the
                                       Regional Administrator or his
                                       delegate in granting the
                                       petition, then the facility must
                                       report the data, in writing, to
                                       the Regional Administrator or his
                                       delegate within 10 days of first
                                       possessing or being made aware of
                                       that data.
                                      (B) If Tenneco fails to submit the
                                       information described in (2)(A)
                                       or if any other information is
                                       received from any source, the
                                       Regional Administrator or his
                                       delegate will make a preliminary
                                       determination as to whether the
                                       reported information requires
                                       Agency action to protect human
                                       health or the environment.
                                       Further action may include
                                       suspending, or revoking the
                                       exclusion, or other appropriate
                                       response necessary to protect
                                       human health and the environment.
                                      (C) If the Regional Administrator
                                       or his delegate determines the
                                       reported information does require
                                       Agency action, the Regional
                                       Administrator or his delegate
                                       will notify the facility in
                                       writing of the actions the
                                       Regional Administrator or his
                                       delegate believes are necessary
                                       to protect human health and the
                                       environment. The notice shall
                                       include a statement of the
                                       proposed action and a statement
                                       providing the facility with an
                                       opportunity to present
                                       information as to why the
                                       proposed Agency action is not
                                       necessary. The facility shall
                                       have 10 days from the date of the
                                       Regional Administrator or his
                                       delegate's notice to present such
                                       information.

[[Page 150]]

 
                                      (D) Following the receipt of
                                       information from the facility
                                       described in (1)(C) or (if no
                                       information is presented under
                                       (1)(C)) the initial receipt of
                                       information described in (1)(A),
                                       the Regional Administrator or his
                                       delegate will issue a final
                                       written determination describing
                                       the Agency actions that are
                                       necessary to protect human health
                                       or the environment. Any required
                                       action described in the Regional
                                       Administrator or his delegate's
                                       determination shall become
                                       effective immediately, unless the
                                       Regional Administrator or his
                                       delegate provides otherwise.
                                      (2) Notification Requirements:
                                      Tenneco must do following before
                                       transporting the delisted waste
                                       off-site: Failure to provide this
                                       notification will result in a
                                       violation of the delisting
                                       petition and a possible
                                       revocation of the exclusion.
                                      (A) Provide a one-time written
                                       notification to any State
                                       Regulatory Agency to which or
                                       through which they will transport
                                       the delisted waste described
                                       above for disposal, 60 days
                                       before beginning such activities.
                                      (B) Update the one-time written
                                       notification if Tenneco ships the
                                       delisted waste to a different