[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2017 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          Title 40

Protection of Environment


________________________

Parts 260 to 265

                         Revised as of July 1, 2017

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2017
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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[[Page iii]]




                            Table of Contents



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

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     869
      Alphabetical List of Agencies Appearing in the CFR......     889
      List of CFR Sections Affected...........................     899

[[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, 2017), 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.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
(LSA). For the convenience of the reader, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed as 
an approved incorporation by reference, please contact the agency that 
issued the regulation containing that incorporation. If, after 
contacting the agency, you find the material is not available, please 
notify the Director of the Federal Register, National Archives and 
Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, 
or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.

[[Page vii]]

    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.

REPUBLICATION OF MATERIAL

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

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, 8601 Adelphi Road, College Park, MD 
20740-6001 or e-mail [email protected]

SALES

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    The Office of the Federal Register also offers a free service on the 
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information. Connect to NARA's web site at www.archives.gov/federal-
register.
    The e-CFR is a regularly updated, unofficial editorial compilation 
of CFR material and Federal Register amendments, produced by the Office 
of the Federal Register and the Government Publishing Office. It is 
available at www.ecfr.gov.

    Oliver A. Potts,
    Director,
    Office of the Federal Register.
    July 1, 2017.

                                
                                      
                            

  

[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-seven 
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-
52.2019), part 52 (52.2020-end of part 52), parts 53-59, part 60 (60.1-
60.499), part 60 (60.500-end of part 60, sections), part 60 
(Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63 
(63.6580-63.8830), part 63 (63.8980-end of part 63), parts 64-71, parts 
72-79, part 80, part 81, parts 82-86, parts 87-95, parts 96-99, parts 
100-135, parts 136-149, parts 150-189, parts 190-259, parts 260-265, 
parts 266-299, parts 300-399, parts 400-424, parts 425-699, parts 700-
722, parts 723-789, parts 790-999, parts 1000-1059, and part 1060 to 
end. The contents of these volumes represent all current regulations 
codified under this title of the CFR as of July 1, 2017.

    Chapter I--Environmental Protection Agency appears in all thirty-
seven volumes. Regulations issued by the Council on Environmental 
Quality, including an Index to Parts 1500 through 1508, appear in the 
volume containing parts 1060 to end. The OMB control numbers for title 
40 appear in Sec. 9.1 of this chapter.

    For this volume, Michele Bugenhagen was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of John 
Hyrum Martinez, assisted by Stephen J. Frattini.

[[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...................................          32
262             Standards applicable to generators of 
                    hazardous waste.........................         342
263             Standards applicable to transporters of 
                    hazardous waste.........................         415
264             Standards for owners and operators of 
                    hazardous waste treatment, storage, and 
                    disposal facilities.....................         421
265             Interim status standards for owners and 
                    operators of hazardous waste treatment, 
                    storage, and disposal facilities........         671

[[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  Incorporation by reference.

                     Subpart C_Rulemaking Petitions

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

    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 266 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 Information Act and section 3007(b),

[[Page 6]]

and part 2 of this chapter, as applicable.
    (b) Except as provided under paragraph (c) of this section, 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.
    (c)(1) After August 6, 2014, no claim of business confidentiality 
may be asserted by any person with respect to information entered on a 
Hazardous Waste Manifest (EPA Form 8700-22), a Hazardous Waste Manifest 
Continuation Sheet (EPA Form 8700-22A), or an electronic manifest format 
that may be prepared and used in accordance with Sec. 262.20(a)(3) of 
this chapter.
    (2) EPA will make any electronic manifest that is prepared and used 
in accordance with Sec. 262.20(a)(3), or any paper manifest that is 
submitted to the system under Secs. 264.71(a)(6) or 265.71(a)(6) of this 
chapter available to the public under this section when the electronic 
or paper manifest is a complete and final document. Electronic manifests 
and paper manifests submitted to the system are considered by EPA to be 
complete and final documents and publicly available information after 90 
days have passed since the delivery to the designated facility of the 
hazardous waste shipment identified in the manifest.

[79 FR 7557, Feb. 7, 2014]



Sec. 260.3  Use of number and gender.

    As used in parts 260 through 273 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; 81 
FR 85805, Nov. 28, 2016]



                          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''.)
    Acute hazardous waste means hazardous wastes that meet the listing 
criteria in Sec. 261.11(a)(2) and therefore are either listed in 
Sec. 261.31 of this chapter with the assigned hazard code of (H) or are 
listed in Sec. 261.33(e) of this chapter.
    Administrator means the Administrator of the Environmental 
Protection Agency, or his designee.

[[Page 7]]

    AES filing compliance date means the date that EPA announces in the 
Federal Register, on or after which exporters of hazardous waste and 
exporters of cathode ray tubes for recycling are required to file EPA 
information in the Automated Export System or its successor system, 
under the International Trade Data System (ITDS) platform.
    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.
    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 dioxide stream means carbon dioxide that has been captured 
from an emission source (e.g., power plant), plus incidental associated 
substances derived from the source materials and the capture process, 
and any substances added to the stream to enable or improve the 
injection process.
    Carbon regeneration unit means any enclosed thermal treatment device 
used to regenerate spent activated carbon.
    Cathode ray tube or CRT means a vacuum tube, composed primarily of 
glass, which is the visual or video display component of an electronic 
device. A used, intact CRT means a CRT whose vacuum has not been 
released. A used, broken CRT means glass removed from its housing or 
casing whose vacuum has been released.

[[Page 8]]

    Central accumulation area means any on-site hazardous waste 
accumulation area with hazardous waste accumulating in units subject to 
either Sec. 262.16 (for small quantity generators) or Sec. 262.17 of 
this chapter (for large quantity generators). A central accumulation 
area at an eligible academic entity that chooses to operate under 40 CFR 
part 262 subpart K is also subject to Sec. 262.211 when accumulating 
unwanted material and/or hazardous waste.
    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.
    Contained means held in a unit (including a land-based unit as 
defined in this subpart) that meets the following criteria:
    (1) The unit is in good condition, with no leaks or other continuing 
or intermittent unpermitted releases of the hazardous secondary 
materials to the environment, and is designed, as appropriate for the 
hazardous secondary materials, to prevent releases of hazardous 
secondary materials to the environment. Unpermitted releases are 
releases that are not covered by a permit (such as a permit to discharge 
to water or air) and may include, but are not limited to, releases 
through surface transport by precipitation runoff, releases to soil and 
groundwater, wind-blown dust, fugitive air emissions, and catastrophic 
unit failures;
    (2) The unit is properly labeled or otherwise has a system (such as 
a log) to immediately identify the hazardous secondary materials in the 
unit; and
    (3) The unit holds hazardous secondary materials that are compatible 
with other hazardous secondary materials placed in the unit and is 
compatible with the materials used to construct the unit and addresses 
any potential risks of fires or explosions.
    (4) Hazardous secondary materials in units that meet the applicable 
requirements of 40 CFR parts 264 or 265 are presumptively contained.
    Container means any portable device in which a material is stored, 
transported, treated, disposed of, or otherwise handled.
    Containment building means a hazardous waste management unit that is 
used to store or treat hazardous waste under the provisions of subpart 
DD of parts 264 or 265 of this chapter.
    Contingency plan means a document setting out an organized, planned, 
and coordinated course of action to be followed in case of a fire, 
explosion, or release of hazardous waste or hazardous waste constituents 
which could threaten human health or the environment.
    Corrosion expert means a person who, by reason of his knowledge of 
the physical sciences and the principles of engineering and mathematics, 
acquired by a professional education and related practical experience, 
is qualified to engage in the practice of corrosion control on buried or 
submerged metal piping systems and metal tanks. Such a person must be 
certified as being qualified by the National Association of Corrosion 
Engineers (NACE) or be a registered professional engineer who has 
certification or licensing that includes education and experience in 
corrosion control on buried or submerged metal piping systems and metal 
tanks.
    CRT collector means a person who receives used, intact CRTs for 
recycling, repair, resale, or donation.
    CRT exporter means any person in the United States who initiates a 
transaction to send used CRTs outside the United States or its 
territories for recycling or reuse, or any intermediary in the United 
States arranging for such export.
    CRT glass manufacturer means an operation or part of an operation 
that uses a furnace to manufacture CRT glass.
    CRT processing means conducting all of the following activities:
    (1) Receiving broken or intact CRTs; and

[[Page 9]]

    (2) Intentionally breaking intact CRTs or further breaking or 
separating broken CRTs; and
    (3) Sorting or otherwise managing glass removed from CRT monitors.
    Designated facility means:
    (1) A hazardous waste treatment, storage, or disposal facility 
which:
    (i) Has received a permit (or interim status) in accordance with the 
requirements of parts 270 and 124 of this chapter;
    (ii) Has received a permit (or interim status) from a State 
authorized in accordance with part 271 of this chapter; or
    (iii) Is regulated under Sec. 261.6(c)(2) or subpart F of part 266 
of this chapter; and
    (iv) That has been designated on the manifest by the generator 
pursuant to Sec. 262.20.
    (2) Designated facility also means a generator site designated on 
the manifest to receive its waste as a return shipment from a facility 
that has rejected the waste in accordance with Sec. 264.72(f) or 
Sec. 265.72(f) of this chapter.
    (3) If a waste is destined to a facility in an authorized State 
which has not yet obtained authorization to regulate that particular 
waste as hazardous, then the designated facility must be a facility 
allowed by the receiving State to accept such waste.
    Destination facility means a facility that treats, disposes of, or 
recycles a particular category of universal waste, except those 
management activities described in paragraphs (a) and (c) of 
Secs. 273.13 and 273.33 of this chapter. A facility at which a 
particular category of universal waste is only accumulated, is not a 
destination facility for purposes of managing that category of universal 
waste.
    Dike means an embankment or ridge of either natural or man-made 
materials used to prevent the movement of liquids, sludges, solids, or 
other materials.
    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.
    Electronic import-export reporting compliance date means the date 
that EPA announces in the Federal Register, on or after which exporters, 
importers, and receiving facilities are required to submit certain 
export and import related documents to EPA using EPA's Waste Import 
Export Tracking System, or its successor system.
    Electronic manifest (or e-Manifest) means the electronic format of 
the hazardous waste manifest that is obtained from EPA's national e-
Manifest system and transmitted electronically to the system, and that 
is the legal equivalent of EPA Forms 8700-22 (Manifest) and 8700-22A 
(Continuation Sheet).
    Electronic Manifest System (or e-Manifest System) means EPA's 
national information technology system through which the electronic 
manifest may be obtained, completed, transmitted, and distributed to 
users of the electronic manifest and to regulatory agencies.
    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

[[Page 10]]

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 Secs. 260.20 and 260.21.
    Existing hazardous waste management (HWM) facility or existing 
facility means a facility which was in operation or for which 
construction commenced on or before November 19, 1980. A facility has 
commenced construction if:
    (1) The owner or operator has obtained the Federal, State and local 
approvals or permits necessary to begin physical construction; and 
either
    (2)(i) A continuous on-site, physical construction program has 
begun; or
    (ii) The owner or operator has entered into contractual 
obligations--which cannot be cancelled or modified without substantial 
loss--for physical construction of the facility to be completed within a 
reasonable time.
    Existing portion means that land surface area of an existing waste 
management unit, included in the original Part A permit application, on 
which wastes have been placed prior to the issuance of a permit.
    Existing tank system or existing component means a tank system or 
component that is used for the storage or treatment of hazardous waste 
and that is in operation, or for which installation has commenced on or 
prior to July 14, 1986. Installation will be considered to have 
commenced if the owner or operator has obtained all Federal, State, and 
local approvals or permits necessary to begin physical construction of 
the site or installation of the tank system and if either (1) a 
continuous on-site physical construction or installation program has 
begun, or (2) the owner or operator has entered into contractual 
obligations--which cannot be canceled or modified without substantial 
loss--for physical construction of the site or installation of the tank 
system to be completed within a reasonable time.
    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-

[[Page 11]]

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, or for managing hazardous secondary materials prior to 
reclamation. A facility may consist of several treatment, storage, or 
disposal operational units (e.g., one or more landfills, surface 
impoundments, or combinations of them).
    (2) For the purpose of implementing corrective action under 40 CFR 
264.101 or 267.101, all contiguous property under the control of the 
owner or operator seeking a permit under Subtitle C of RCRA. This 
definition also applies to facilities implementing corrective action 
under RCRA Section 3008(h).
    (3) Notwithstanding paragraph (2) of this definition, a remediation 
waste management site is not a facility that is subject to 40 CFR 
264.101, but is subject to corrective action requirements if the site is 
located within such a facility.
    Federal agency means any department, agency, or other 
instrumentality of the Federal Government, any independent agency or 
establishment of the Federal Government including any Government 
corporation, and the Government Printing Office.
    Federal, State and local approvals or permits necessary to begin 
physical construction means permits and approvals required under 
Federal, State or local hazardous waste control statutes, regulations or 
ordinances.
    Final closure means the closure of all hazardous waste management 
units at the facility in accordance with all applicable closure 
requirements so that hazardous waste management activities under parts 
264 and 265 of this chapter are no longer conducted at the facility 
unless subject to the provisions in Sec. 262.34.
    Food-chain crops means tobacco, crops grown for human consumption, 
and crops grown for feed for animals whose products are consumed by 
humans.
    Free liquids means liquids which readily separate from the solid 
portion of a waste under ambient temperature and pressure.
    Freeboard means the vertical distance between the top of a tank or 
surface impoundment dike, and the surface of the waste contained 
therein.
    Generator means any person, by site, whose act or process produces 
hazardous waste identified or listed in part 261 of this chapter or 
whose act first causes a hazardous waste to become subject to 
regulation.
    Ground water means water below the land surface in a zone of 
saturation.
    Hazardous secondary material means a secondary material (e.g., spent 
material, by-product, or sludge) that, when discarded, would be 
identified as hazardous waste under part 261 of this chapter.
    Hazardous secondary material generator means any person whose act or 
process produces hazardous secondary materials at the generating 
facility. For purposes of this paragraph, ``generating facility'' means 
all contiguous property owned, leased, or otherwise controlled by the 
hazardous secondary material generator. For the purposes of

[[Page 12]]

Sec. 261.2(a)(2)(ii) and Sec. 261.4(a)(23), a facility that collects 
hazardous secondary materials from other persons is not the hazardous 
secondary material generator.
    Hazardous waste means a hazardous waste as defined in Sec. 261.3 of 
this chapter.
    Hazardous waste constituent means a constituent that caused the 
Administrator to list the hazardous waste in part 261, subpart D, of 
this chapter, or a constituent listed in table 1 of Sec. 261.24 of this 
chapter.
    Hazardous waste management unit is a contiguous area of land on or 
in which hazardous waste is placed, or the largest area in which there 
is significant likelihood of mixing hazardous waste constituents in the 
same area. Examples of hazardous waste management units include a 
surface impoundment, a waste pile, a land treatment area, a landfill 
cell, an incinerator, a tank and its associated piping and underlying 
containment system and a container storage area. A container alone does 
not constitute a unit; the unit includes containers and the land or pad 
upon which they are placed.
    In operation refers to a facility which is treating, storing, or 
disposing of hazardous waste.
    Inactive portion means that portion of a facility which is not 
operated after the effective date of part 261 of this chapter. (See also 
``active portion'' and ``closed portion''.)
    Incinerator means any enclosed device that:
    (1) Uses controlled flame combustion and neither meets the criteria 
for classification as a boiler, sludge dryer, or carbon regeneration 
unit, nor is listed as an industrial furnace; or
    (2) Meets the definition of infrared incinerator or plasma arc 
incinerator.
    Incompatible waste means a hazardous waste which is unsuitable for:
    (1) Placement in a particular device or facility because it may 
cause corrosion or decay of containment materials (e.g., container inner 
liners or tank walls); or
    (2) Commingling with another waste or material under uncontrolled 
conditions because the commingling might produce heat or pressure, fire 
or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or 
flammable fumes or gases.


(See appendix V of parts 264 and 265 of this chapter for examples.)

    Individual generation site means the contiguous site at or on which 
one or more hazardous wastes are generated. An individual generation 
site, such as a large manufacturing plant, may have one or more sources 
of hazardous waste but is considered a single or individual generation 
site if the site or property is contiguous.
    Industrial furnace means any of the following enclosed devices that 
are integral components of manufacturing processes and that use thermal 
treatment to accomplish recovery of materials or energy:
    (1) Cement kilns
    (2) Lime kilns
    (3) Aggregate kilns
    (4) Phosphate kilns
    (5) Coke ovens
    (6) Blast furnaces
    (7) Smelting, melting and refining furnaces (including 
pyrometallurgical devices such as cupolas, reverberator furnaces, 
sintering machine, roasters, and foundry furnaces)
    (8) Titanium dioxide chloride process oxidation reactors
    (9) Methane reforming furnaces
    (10) Pulping liquor recovery furnaces
    (11) Combustion devices used in the recovery of sulfur values from 
spent sulfuric acid
    (12) Halogen acid furnaces (HAFs) for the production of acid from 
halogenated hazardous waste generated by chemical production facilities 
where the furnace is located on the site of a chemical production 
facility, the acid product has a halogen acid content of at least 3%, 
the acid product is used in a manufacturing process, and, except for 
hazardous waste burned as fuel, hazardous waste fed to the furnace has a 
minimum halogen content of 20% as-generated.
    (13) Such other devices as the Administrator may, after notice and 
comment, add to this list on the basis of one or more of the following 
factors:
    (i) The design and use of the device primarily to accomplish 
recovery of material products;

[[Page 13]]

    (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.
    Intermediate facility means any facility that stores hazardous 
secondary materials for more than 10 days, other than a hazardous 
secondary material generator or reclaimer of such material.
    International shipment means the transportation of hazardous waste 
into or out of the jurisdiction of the United States.
    Lamp, also referred to as ``universal waste lamp'', is defined as 
the bulb or tube portion of an electric lighting device. A lamp is 
specifically designed to produce radiant energy, most often in the 
ultraviolet, visible, and infra-red regions of the electromagnetic 
spectrum. Examples of common universal waste electric lamps include, but 
are not limited to, fluorescent, high intensity discharge, neon, mercury 
vapor, high pressure sodium, and metal halide lamps.
    Land-based unit means an area where hazardous secondary materials 
are placed in or on the land before recycling. This definition does not 
include land-based production units.
    Landfill means a disposal facility or part of a facility where 
hazardous waste is placed in or on land and which is not a pile, a land 
treatment facility, a surface impoundment, an underground injection 
well, a salt dome formation, a salt bed formation, an underground mine, 
a cave, or a corrective action management unit.
    Landfill cell means a discrete volume of a hazardous waste landfill 
which uses a liner to provide isolation of wastes from adjacent cells or 
wastes. Examples of landfill cells are trenches and pits.
    Land treatment facility means a facility or part of a facility at 
which hazardous waste is applied onto or incorporated into the soil 
surface; such facilities are disposal facilities if the waste will 
remain after closure.
    Large quantity generator is a generator who generates any of the 
following amounts in a calendar month:
    (1) Greater than or equal to 1,000 kilograms (2200 lbs) of non-acute 
hazardous waste; or
    (2) Greater than 1 kilogram (2.2 lbs) of acute hazardous waste 
listed in Sec. 261.31 or Sec. 261.33(e) of this chapter; or
    (3) Greater than 100 kilograms (220 lbs) of 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 acute hazardous waste 
listed in Sec. 261.31 or Sec. 261.33(e) of this chapter.
    Leachate means any liquid, including any suspended components in the 
liquid, that has percolated through or drained from hazardous waste.

[[Page 14]]

    Leak-detection system means a system capable of detecting the 
failure of either the primary or secondary containment structure or the 
presence of a release of hazardous waste or accumulated liquid in the 
secondary containment structure. Such a system must employ operational 
controls (e.g., daily visual inspections for releases into the secondary 
containment system of aboveground tanks) or consist of an interstitial 
monitoring device designed to detect continuously and automatically the 
failure of the primary or secondary containment structure or the 
presence of a release of hazardous waste into the secondary containment 
structure.
    Liner means a continuous layer of natural or man-made materials, 
beneath or on the sides of a surface impoundment, landfill, or landfill 
cell, which restricts the downward or lateral escape of hazardous waste, 
hazardous waste constituents, or leachate.
    Management or hazardous waste management means the systematic 
control of the collection, source separation, storage, transportation, 
processing, treatment, recovery, and disposal of hazardous waste.
    Manifest means the shipping document EPA Form 8700-22 (including, if 
necessary, EPA Form 8700-22A), or the electronic manifest, originated 
and signed in accordance with the applicable requirements of parts 262 
through 265 of this chapter.
    Manifest tracking number means: The alphanumeric identification 
number (i.e., a unique three letter suffix preceded by nine numerical 
digits), which is pre-printed in Item 4 of the Manifest by a registered 
source.
    Mercury-containing equipment means a device or part of a device 
(including thermostats, but excluding batteries and lamps) that contains 
elemental mercury integral to its function.
    Military munitions means all ammunition products and components 
produced or used by or for the U.S. Department of Defense or the U.S. 
Armed Services for national defense and security, including military 
munitions under the control of the Department of Defense, the U.S. Coast 
Guard, the U.S. Department of Energy (DOE), and National Guard 
personnel. The term military munitions includes: confined gaseous, 
liquid, and solid propellants, explosives, pyrotechnics, chemical and 
riot control agents, smokes, and incendiaries used by DOD components, 
including bulk explosives and chemical warfare agents, chemical 
munitions, rockets, guided and ballistic missiles, bombs, warheads, 
mortar rounds, artillery ammunition, small arms ammunition, grenades, 
mines, torpedoes, depth charges, cluster munitions and dispensers, 
demolition charges, and devices and components thereof. Military 
munitions do not include wholly inert items, improvised explosive 
devices, and nuclear weapons, nuclear devices, and nuclear components 
thereof. However, the term does include non-nuclear components of 
nuclear devices, managed under DOE's nuclear weapons program after all 
required sanitization operations under the Atomic Energy Act of 1954, as 
amended, have been completed.
    Mining overburden returned to the mine site means any material 
overlying an economic mineral deposit which is removed to gain access to 
that deposit and is then used for reclamation of a surface mine.
    Miscellaneous unit means a hazardous waste management unit where 
hazardous waste is treated, stored, or disposed of and that is not a 
container, tank, surface impoundment, pile, land treatment unit, 
landfill, incinerator, boiler, industrial furnace, underground injection 
well with appropriate technical standards under part 146 of this 
chapter, containment building, corrective action management unit, unit 
eligible for a research, development, and demonstration permit under 40 
CFR 270.65, or staging pile.
    Movement means that hazardous waste transported to a facility in an 
individual vehicle.
    New hazardous waste management facility or new facility means a 
facility which began operation, or for which construction commenced 
after November 19, 1980. (See also ``Existing hazardous waste management 
facility''.)
    New tank system or new tank component means a tank system or 
component that will be used for the storage or treatment of hazardous 
waste and for which installation has commenced

[[Page 15]]

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.'')
    No free liquids, as used in 40 CFR 261.4(a)(26) and 40 CFR 
261.4(b)(18), means that solvent-contaminated wipes may not contain free 
liquids as determined by Method 9095B (Paint Filter Liquids Test), 
included in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods'' (EPA Publication SW-846), which is incorporated by reference, 
and that there is no free liquid in the container holding the wipes. No 
free liquids may also be determined using another standard or test 
method as defined by an authorized state.
    Non-acute hazardous waste means all hazardous wastes that are not 
acute hazardous waste, as defined in this section.
    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 16]]

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.
    Recognized trader means a person domiciled in the United States, by 
site of business, who acts to arrange and facilitate transboundary 
movements of wastes destined for recovery or disposal operations, either 
by purchasing from and subsequently selling to United States and foreign 
facilities, or by acting under arrangements with a United States waste 
facility to arrange for the export or import of the wastes.
    Regional Administrator means the Regional Administrator for the EPA 
Region in which the facility is located, or his designee.
    Remanufacturing means processing a higher-value hazardous secondary 
material in order to manufacture a product that serves a similar 
functional purpose as the original commercial-grade material. For the 
purpose of this definition, a hazardous secondary material is considered 
higher-value if it was generated from the use of a commercial-grade 
material in a manufacturing process and can be remanufactured into a 
similar commercial-grade material.
    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

[[Page 17]]

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 is a generator who generates the following 
amounts in a calendar month:
    (1) Greater than 100 kilograms (220 lbs) but less than 1,000 
kilograms (2200 lbs) of non-acute hazardous waste; and
    (2) Less than or equal to 1 kilogram (2.2 lbs) of acute hazardous 
waste listed in Sec. 261.31 or Sec. 261.33(e) of this chapter; and
    (3) Less than or equal to 100 kilograms (220 lbs) of 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 acute hazardous waste 
listed in Sec. 261.31 or Sec. 261.33(e) of this chapter.
    Solid waste means a solid waste as defined in Sec. 261.2 of this 
chapter.
    Solvent-contaminated wipe means--
    (1) A wipe that, after use or after cleaning up a spill, either:
    (i) Contains one or more of the F001 through F005 solvents listed in 
40 CFR 261.31 or the corresponding P- or U- listed solvents found in 40 
CFR 261.33;
    (ii) Exhibits a hazardous characteristic found in 40 CFR part 261 
subpart C when that characteristic results from a solvent listed in 40 
CFR part 261; and/or
    (iii) Exhibits only the hazardous waste characteristic of 
ignitability found in 40 CFR 261.21 due to the presence of one or more 
solvents that are not listed in 40 CFR part 261.
    (2) Solvent-contaminated wipes that contain listed hazardous waste 
other than solvents, or exhibit the characteristic of toxicity, 
corrosivity, or reactivity due to contaminants other than solvents, are 
not eligible for the exclusions at 40 CFR 261.4(a)(26) and 40 CFR 
261.4(b)(18).
    Sorbent means a material that is used to soak up free liquids by 
either adsorption or absorption, or both. Sorb means to either adsorb or 
absorb, or both.
    Staging pile means an accumulation of solid, non-flowing remediation 
waste (as defined in this section) that is not a containment building 
and that is used only during remedial operations for temporary storage 
at a facility. Staging piles must be designated by the Director 
according to the requirements of 40 CFR 264.554.
    State means any of the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Islands.
    Storage means the holding of hazardous waste for a temporary period, 
at the end of which the hazardous waste is treated, disposed of, or 
stored elsewhere.
    Sump means any pit or reservoir that meets the definition of tank 
and those troughs/trenches connected to it that serve to collect 
hazardous waste for transport to hazardous waste storage, treatment, or 
disposal facilities; except that as used in the landfill, surface 
impoundment, and waste pile rules, ``sump'' means any lined pit or 
reservoir that serves to collect liquids drained from a leachate 
collection and removal system or leak detection system for subsequent 
removal from the system.
    Surface impoundment or impoundment means a facility or part of a 
facility which is a natural topographic depression, man-made excavation, 
or diked area formed primarily of earthen materials (although it may be 
lined with man-made materials), which is designed to hold an 
accumulation of liquid wastes or wastes containing free liquids, and 
which is not an injection well. Examples of surface impoundments are 
holding, storage, settling, and aeration pits, ponds, and lagoons.
    Tank means a stationary device, designed to contain an accumulation 
of hazardous waste which is constructed primarily of non-earthen 
materials (e.g., wood, concrete, steel, plastic) which provide 
structural support.
    Tank system means a hazardous waste storage or treatment tank and 
its associated ancillary equipment and containment system.

[[Page 18]]

    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 or hazardous secondary 
materials are held during the normal course of transportation.
    Transport vehicle means a motor vehicle or rail car used for the 
transportation of cargo by any mode. Each cargo-carrying body (trailer, 
railroad freight car, etc.) is a separate transport vehicle.
    Transportation means the movement of hazardous waste by air, rail, 
highway, or water.
    Transporter means a person engaged in the offsite transportation of 
hazardous waste by air, rail, highway, or water.
    Treatability study means a study in which a hazardous waste is 
subjected to a treatment process to determine: (1) Whether the waste is 
amenable to the treatment process, (2) what pretreatment (if any) is 
required, (3) the optimal process conditions needed to achieve the 
desired treatment, (4) the efficiency of a treatment process for a 
specific waste or wastes, or (5) the characteristics and volumes of 
residuals from a particular treatment process. Also included in this 
definition for the purpose of the Sec. 261.4 (e) and (f) exemptions are 
liner compatibility, corrosion, and other material compatibility studies 
and toxicological and health effects studies. A ``treatability study'' 
is not a means to commercially treat or dispose of hazardous waste.
    Treatment means any method, technique, or process, including 
neutralization, designed to change the physical, chemical, or biological 
character or composition of any hazardous waste so as to neutralize such 
waste, or so as to recover energy or material resources from the waste, 
or so as to render such waste non-hazardous, or less hazardous; safer to 
transport, store, or dispose of; or amenable for recovery, amenable for 
storage, or reduced in volume.
    Treatment zone means a soil area of the unsaturated zone of a land 
treatment unit within which hazardous constituents are degraded, 
transformed, or immobilized.
    Underground injection means the subsurface emplacement of fluids 
through a bored, drilled or driven well; or through a dug well, where 
the depth of the dug well is greater than the largest surface dimension. 
(See also ``injection well''.)
    Underground tank means a device meeting the definition of ``tank'' 
in Sec. 260.10 whose entire surface area is totally below the surface of 
and covered by the ground.
    Unfit-for use tank system means a tank system that has been 
determined through an integrity assessment or other inspection to be no 
longer capable of storing or treating hazardous waste without posing a 
threat of release of hazardous waste to the environment.
    United States means the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American 
Samoa, and

[[Page 19]]

the Commonwealth of the Northern Mariana Islands.
    Universal waste means any of the following hazardous wastes that are 
managed under the universal waste requirements of part 273 of this 
chapter:
    (1) Batteries as described in Sec. 273.2 of this chapter;
    (2) Pesticides as described in Sec. 273.3 of this chapter;
    (3) Mercury-containing equipment as described in Sec. 273.4 of this 
chapter; and
    (4) Lamps as described in Sec. 273.5 of this chapter.
    Universal waste handler:
    (1) Means:
    (i) A generator (as defined in this section) of universal waste; or
    (ii) The owner or operator of a facility, including all contiguous 
property, that receives universal waste from other universal waste 
handlers, accumulates universal waste, and sends universal waste to 
another universal waste handler, to a destination facility, or to a 
foreign destination.
    (2) Does not mean:
    (i) A person who treats (except under the provisions of 40 CFR 
273.13 (a) or (c), or 273.33 (a) or (c)), disposes of, or recycles 
universal waste; or
    (ii) A person engaged in the off-site transportation of universal 
waste by air, rail, highway, or water, including a universal waste 
transfer facility.
    Universal waste transporter means a person engaged in the off-site 
transportation of universal waste by air, rail, highway, or water.
    Unsaturated zone or zone of aeration means the zone between the land 
surface and the water table.
    Uppermost aquifer means the geologic formation nearest the natural 
ground surface that is an aquifer, as well as lower aquifers that are 
hydraulically interconnected with this aquifer within the facility's 
property boundary.
    Used oil means any oil that has been refined from crude oil, or any 
synthetic oil, that has been used and as a result of such use is 
contaminated by physical or chemical impurities.
    User of the electronic manifest system means a hazardous waste 
generator, a hazardous waste transporter, an owner or operator of a 
hazardous waste treatment, storage, recycling, or disposal facility, or 
any other person that:
    (1) Is required to use a manifest to comply with:
    (i) Any federal or state requirement to track the shipment, 
transportation, and receipt of hazardous waste or other waste material 
that is shipped from the site of generation to an off-site designated 
facility for treatment, storage, recycling, or disposal; or
    (ii) Any federal or state requirement to track the shipment, 
transportation, and receipt of rejected wastes or regulated container 
residues that are shipped from a designated facility to an alternative 
facility, or returned to the generator; and
    (2) Elects to use the system to obtain, complete and transmit an 
electronic manifest format supplied by the EPA electronic manifest 
system, or
    (3) Elects to use the paper manifest form and submits to the system 
for data processing purposes a paper copy of the manifest (or data from 
such a paper copy), in accordance with Sec. 264.71(a)(2)(v) or 
Sec. 265.71(a)(2)(v) of this chapter. These paper copies are submitted 
for data exchange purposes only and are not the official copies of 
record for legal purposes.
    Very small quantity generator is a generator who generates less than 
or equal to the following amounts in a calendar month:
    (1) 100 kilograms (220 lbs) of non-acute hazardous waste; and
    (2) 1 kilogram (2.2 lbs) of acute hazardous waste listed in 
Sec. 261.31 or Sec. 261.33(e) of this chapter; and
    (3) 100 kilograms (220 lbs) of 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 acute hazardous waste listed in Sec. 261.31 or 
Sec. 261.33(e) of this chapter.
    Vessel includes every description of watercraft, used or capable of 
being used as a means of transportation on the water.
    Wastewater treatment unit means a device which:
    (1) Is part of a wastewater treatment facility that is subject to 
regulation under either section 402 or 307(b) of the Clean Water Act; 
and
    (2) Receives and treats or stores an influent wastewater that is a 
hazardous waste as defined in Sec. 261.3 of this

[[Page 20]]

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.
    Wipe means a woven or non-woven shop towel, rag, pad, or swab made 
of wood pulp, fabric, cotton, polyester blends, or other material.

[45 FR 33073, May 19, 1980]

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



Sec. 260.11  Incorporation by reference.

    (a) When used in parts 260 through 268 and 278 of this chapter, the 
following publications are incorporated by reference. These 
incorporations by reference were approved by the Director of the Federal 
Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. These materials 
are incorporated as they exist on the date of approval and a notice of 
any change in these materials will be published in the Federal Register. 
Copies may be inspected at the Library, U.S. Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW. (3403T), Washington, DC 20460, 
[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 Secs. 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 Secs. 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;

[[Page 21]]

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 
Secs. 264.1035 and 265.1035.
    (2) Method 1664, 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:
    (i) Revision A, EPA-821-R-98-002, February 1999, IBR approved for 
Part 261, Appendix IX.
    (ii) Revision B, EPA-821-R-10-001, February 2010, 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 Secs. 261.24, 268.7, 268.40.
    (vi) Method 1330A, dated September 1992 and in Update I, IBR 
approved for part 261, appendix IX.
    (vii) Method 1312 dated September 1994 and in Update III, IBR 
approved for part 261, appendix IX and Sec. 278.3(b)(1).
    (viii) Method 0011, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, and part 266, appendix IX.
    (ix) Method 0023A, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, part 266, appendix IX, and 
Sec. 266.104.
    (x) Method 0031, dated December 1996 and in Update III, IBR approved 
for part 261, appendix IX.
    (xi) Method 0040, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX.
    (xii) Method 0050, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, part 266, appendix IX, and 
Sec. 266.107.
    (xiii) Method 0051, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, part 266, appendix IX, and 
Sec. 266.107.
    (xiv) Method 0060, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, Sec. 266.106, and part 266, appendix 
IX.
    (xv) Method 0061, dated December 1996 and in Update III, IBR 
approved for part 261, appendix IX, Sec. 266.106, and part 266, appendix 
IX.
    (xvi) Method 9071B, dated April 1998 and in Update IIIA, IBR 
approved for part 261, appendix IX.
    (xvii) Method 1010A, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX.
    (xviii) Method 1020B, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX.
    (xix) Method 1110A, dated November 2004 and in Update IIIB, IBR 
approved for Sec. 261.22 and part 261, appendix IX.
    (xx) Method 1310B, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX.
    (xxi) Method 9010C, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX and Secs. 268.40, 268.44, 268.48.
    (xxii) Method 9012B, dated November 2004 and in Update IIIB, IBR 
approved for part 261, appendix IX and Secs. 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.

[[Page 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 Secs. 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 Secs. 264.190, 264.314, 265.190, 
265.314, 265.1081, 267.190(a), 268.32.
    (d) The following materials are available for purchase from the 
National Fire Protection Association, 1 Batterymarch Park, P.O. Box 
9101, Quincy, MA 02269-9101.
    (1) ``Flammable and Combustible Liquids Code'' (NFPA 30), 1977 or 
1981, IBR approved for Secs. 262.16(b), 264.198(b), 265.198(b), 
267.202(b).
    (2) [Reserved]
    (e) The following materials are available for purchase from the 
American Petroleum Institute, 1220 L Street, Northwest, Washington, DC 
20005.
    (1) API Publication 2517, Third Edition, February 1989, 
``Evaporative Loss from External Floating-Roof Tanks,'' IBR approved for 
Sec. 265.1084.
    (2) [Reserved]
    (f) The following materials are available for purchase from the 
Environmental Protection Agency, Research Triangle Park, NC.
    (1) ``Screening Procedures for Estimating the Air Quality Impact of 
Stationary Sources, Revised'', October 1992, EPA Publication No. EPA-
450/R-92-019, IBR approved for part 266, appendix IX.
    (2) [Reserved]
    (g) The following materials are available for purchase from the 
Organization for Economic Cooperation and Development, Environment 
Directorate, 2 rue Andre Pascal, F-75775 Paris Cedex 16, France.
    (1) Guidance Manual for the Control of Transboundary Movements of 
Recoverable Wastes, copyright 2009, Annex B: OECD Consolidated List of 
Wastes Subject to the Green Control Procedure and Annex C: OECD 
Consolidated List of Wastes Subject to the Amber Control Procedure, IBR 
approved for Secs. 262.82(a), 262.83(b),(d), and (g), and 262.84(b) and 
(d) of this chapter.
    (2) [Reserved]

[70 FR 34560, June 14, 2005, as amended at 70 FR 53453, Sept. 8, 2005; 
70 FR 59575, Oct. 12, 2005; 72 FR 39352, July 18, 2007; 77 FR 29834, May 
18, 2012; 81 FR 85713, 85806, Nov. 28, 2016]



                     Subpart C_Rulemaking Petitions



Sec. 260.20  General.

    (a) Any person may petition the Administrator to modify or revoke 
any provision in parts 260 through 266, 268 and 273 of this chapter. 
This section sets forth general requirements which apply to all such 
petitions. Section 260.21 sets forth additional requirements for 
petitions to add a testing or analytical method to part 261, 264 or 265 
of this chapter. Section 260.22 sets forth additional requirements for 
petitions to exclude a waste or waste-derived material at a particular 
facility from Sec. 261.3 of this chapter or the lists of hazardous 
wastes in subpart D of part 261 of this chapter. Section 260.23 sets 
forth additional requirements for petitions to amend part 273 of this 
chapter to include additional hazardous wastes or categories of 
hazardous waste as universal waste.
    (b) Each petition must be submitted to the Administrator by 
certified mail and must include:
    (1) The petitioner's name and address;
    (2) A statement of the petitioner's interest in the proposed action;
    (3) A description of the proposed action, including (where 
appropriate) suggested regulatory language; and
    (4) A statement of the need and justification for the proposed 
action, including any supporting tests, studies, or other information.
    (c) The Administrator will make a tentative decision to grant or 
deny a petition and will publish notice of such tentative decision, 
either in the form of an advanced notice of proposed rulemaking, a 
proposed rule, or a tentative determination to deny the petition, in the 
Federal Register for written public comment.
    (d) Upon the written request of any interested person, the 
Administrator may, at his discretion, hold an informal public hearing to 
consider oral

[[Page 23]]

comments on the tentative decision. A person requesting a hearing must 
state the issues to be raised and explain why written comments would not 
suffice to communicate the person's views. The Administrator may in any 
case decide on his own motion to hold an informal public hearing.
    (e) After evaluating all public comments the Administrator will make 
a final decision by publishing in the Federal Register a regulatory 
amendment or a denial of the petition.

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



Sec. 260.21  Petitions for equivalent testing or analytical methods.

    (a) Any person seeking to add a testing or analytical method to part 
261, 264, or 265 of this chapter may petition for a regulatory amendment 
under this section and Sec. 260.20. To be successful, the person must 
demonstrate to the satisfaction of the Administrator that the proposed 
method is equal to or superior to the corresponding method prescribed in 
part 261, 264, or 265 of this chapter, in terms of its sensitivity, 
accuracy, and precision (i.e., reproducibility).
    (b) Each petition must include, in addition to the information 
required by Sec. 260.20(b):
    (1) A full description of the proposed method, including all 
procedural steps and equipment used in the method;
    (2) A description of the types of wastes or waste matrices for which 
the proposed method may be used;
    (3) Comparative results obtained from using the proposed method with 
those obtained from using the relevant or corresponding methods 
prescribed in part 261, 264, or 265 of this chapter;
    (4) An assessment of any factors which may interfere with, or limit 
the use of, the proposed method; and
    (5) A description of the quality control procedures necessary to 
ensure the sensitivity, accuracy and precision of the proposed method.
    (c) After receiving a petition for an equivalent method, the 
Administrator may request any additional information on the proposed 
method which he may reasonably require to evaluate the method.
    (d) If the Administrator amends the regulations to permit use of a 
new testing method, the method will be incorporated by reference in 
Sec. 260.11 and added to ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846, U.S. Environmental 
Protection Agency, Office of Resource Conservation and Recovery, 
Washington, DC 20460.

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



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

    (a) Any person seeking to exclude a waste at a particular generating 
facility from the lists in subpart D of part 261 may petition for a 
regulatory amendment under this section and Sec. 260.20. To be 
successful:
    (1) The petitioner must demonstrate to the satisfaction of the 
Administrator that the waste produced by a particular generating 
facility does not meet any of the criteria under which the waste was 
listed as a hazardous or an acutely hazardous waste; and
    (2) Based on a complete application, the Administrator must 
determine, where he has a reasonable basis to believe that factors 
(including additional constituents) other than those for which the waste 
was listed could cause the waste to be a hazardous waste, that such 
factors do not warrant retaining the waste as a hazardous waste. A waste 
which is so excluded, however, still may be a hazardous waste by 
operation of subpart C of part 261.
    (b) The procedures in this Section and Sec. 260.20 may also be used 
to petition the Administrator for a regulatory amendment to exclude from 
Sec. 261.3(a)(2)(ii) or (c), a waste which is described in these 
Sections and is either a waste listed in subpart D, or is derived from a 
waste listed in subpart D. This exclusion may only be issued for a 
particular generating, storage, treatment, or disposal facility. The 
petitioner must make the same demonstration as required by paragraph (a) 
of this section. Where the waste is a mixture of solid waste and one or 
more listed hazardous wastes or is derived from one or more hazardous 
wastes, his

[[Page 24]]

demonstration must be made with respect to the waste mixture as a whole; 
analyses must be conducted for not only those constituents for which the 
listed waste contained in the mixture was listed as hazardous, but also 
for factors (including additional constituents) that could cause the 
waste mixture to be a hazardous waste. A waste which is so excluded may 
still be a hazardous waste by operation of subpart C of part 261.
    (c) If the waste is listed with codes ``I'', ``C'', ``R'', or ``E'', 
in subpart D,
    (1) The petitioner must show that the waste does not exhibit the 
relevant characteristic for which the waste was listed as defined in 
Sec. 261.21, Sec. 261.22, Sec. 261.23, or Sec. 261.24 using any 
applicable methods prescribed therein. The petitioner also must show 
that the waste does not exhibit any of the other characteristics defined 
in Sec. 261.21, Sec. 261.22, Sec. 261.23, or Sec. 261.24 using any 
applicable methods prescribed therein;
    (2) Based on a complete application, the Administrator must 
determine, where he has a reasonable basis to believe that factors 
(including additional constituents) other than those for which the waste 
was listed could cause the waste to be hazardous waste, that such 
factors do not warrant retaining the waste as a hazardous waste. A waste 
which is so excluded, however, still may be a hazardous waste by 
operation of subpart C of part 261.
    (d) If the waste is listed with code ``T'' in subpart D,
    (1) The petitioner must demonstrate that the waste:
    (i) Does not contain the constituent or constituents (as defined in 
appendix VII of part 261 of this chapter) that caused the Administrator 
to list the waste; or
    (ii) Although containing one or more of the hazardous constituents 
(as defined in appendix VII of part 261) that caused the Administrator 
to list the waste, does not meet the criterion of Sec. 261.11(a)(3) when 
considering the factors used by the Administrator in Sec. 261.11(a)(3) 
(i) through (xi) under which the waste was listed as hazardous; and
    (2) Based on a complete application, the Administrator must 
determine, where he has a reasonable basis to believe that factors 
(including additional constituents) other than those for which the waste 
was listed could cause the waste to be a hazardous waste, that such 
factors do not warrant retaining the waste as a hazardous waste; and
    (3) The petitioner must demonstrate that the waste does not exhibit 
any of the characteristics defined in Sec. 261.21, Sec. 261.22, 
Sec. 261.23, and Sec. 261.24 using any applicable methods prescribed 
therein;
    (4) A waste which is so excluded, however, still may be a hazardous 
waste by operation of subpart C of part 261.
    (e) If the waste is listed with the code ``H'' in subpart D,
    (1) The petitioner must demonstrate that the waste does not meet the 
criterion of Sec. 261.11(a)(2); and
    (2) Based on a complete application, the Administrator must 
determine, where he has a reasonable basis to believe that additional 
factors (including additional constituents) other than those for which 
the waste was listed could cause the waste to be a hazardous waste, that 
such factors do not warrant retaining the waste as a hazardous waste; 
and
    (3) The petitioner must demonstrate that the waste does not exhibit 
any of the characteristics defined in Sec. 261.21, Sec. 261.22, 
Sec. 261.23, and Sec. 261.24 using any applicable methods prescribed 
therein;
    (4) A waste which is so excluded, however, still may be a hazardous 
waste by operation of subpart C of part 261.
    (f) [Reserved for listing radioactive wastes.]
    (g) [Reserved for listing infectious wastes.]
    (h) Demonstration samples must consist of enough representative 
samples, but in no case less than four samples, taken over a period of 
time sufficient to represent the variability or the uniformity of the 
waste.
    (i) Each petition must include, in addition to the information 
required by Sec. 260.20(b):
    (1) The name and address of the laboratory facility performing the 
sampling or tests of the waste;
    (2) The names and qualifications of the persons sampling and testing 
the waste;
    (3) The dates of sampling and testing;

[[Page 25]]

    (4) The location of the generating facility;
    (5) A description of the manufacturing processes or other operations 
and feed materials producing the waste and an assessment of whether such 
processes, operations, or feed materials can or might produce a waste 
that is not covered by the demonstration;
    (6) A description of the waste and an estimate of the average and 
maximum monthly and annual quantities of waste covered by the 
demonstration;
    (7) Pertinent data on and discussion of the factors delineated in 
the respective criterion for listing a hazardous waste, where the 
demonstration is based on the factors in Sec. 261.11(a)(3);
    (8) A description of the methodologies and equipment used to obtain 
the representative samples;
    (9) A description of the sample handling and preparation techniques, 
including techniques used for extraction, containerization and 
preservation of the samples;
    (10) A description of the tests performed (including results);
    (11) The names and model numbers of the instruments used in 
performing the tests; and
    (12) The following statement signed by the generator of the waste or 
his authorized representative:
    I certify under penalty of law that I have personally examined and 
am familiar with the information submitted in this demonstration and all 
attached documents, and that, based on my inquiry of those individuals 
immediately responsible for obtaining the information, I believe that 
the submitted information is true, accurate, and complete. I am aware 
that there are significant penalties for submitting false information, 
including the possibility of fine and imprisonment.
    (j) After receiving a petition for an exclusion, the Administrator 
may request any additional information which he may reasonably require 
to evaluate the petition.
    (k) An exclusion will only apply to the waste generated at the 
individual facility covered by the demonstration and will not apply to 
waste from any other facility.
    (l) The Administrator may exclude only part of the waste for which 
the demonstration is submitted where he has reason to believe that 
variability of the waste justifies a partial exclusion.

[45 FR 33073, May 19, 1980, as amended at 50 FR 28742, July 15, 1985; 54 
FR 27116, June 27, 1989; 58 FR 46049, Aug. 31, 1994; 70 FR 34561, June 
14, 2005; 71 FR 40258, July 14, 2006]



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

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

[60 FR 25540, May 11, 1995]



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

    In accordance with the standards and criteria in Sec. 260.31 and 
Sec. 260.34 and the procedures in Sec. 260.33, the Administrator may 
determine on a case-by-case basis that the following recycled materials 
are not solid wastes:

[[Page 26]]

    (a) Materials that are accumulated speculatively without sufficient 
amounts being recycled (as defined in Sec. 261.1(c)(8) of this chapter);
    (b) Materials that are reclaimed and then reused within the original 
production process in which they were generated;
    (c) Materials that have been reclaimed but must be reclaimed further 
before the materials are completely recovered.
    (d) Hazardous secondary materials that are reclaimed in a continuous 
industrial process; and
    (e) Hazardous secondary materials that are indistinguishable in all 
relevant aspects from a product or intermediate.
    (f) Hazardous secondary materials that are transferred for 
reclamation under Sec. 261.4(a)(24) and are managed at a verified 
reclamation facility or intermediate facility where the management of 
the hazardous secondary materials is not addressed under a RCRA Part B 
permit or interim status standards.

[50 FR 661, Jan. 4, 1985; 50 FR 14219, Apr. 11, 1985, as amended at 59 
FR 48041, Sept. 19, 1994; 73 FR 64758, Oct. 30, 2008; 80 FR 1771, Jan. 
13, 2015]



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

    (a) The Administrator may grant requests for a variance from 
classifying as a solid waste those materials that are accumulated 
speculatively without sufficient amounts being recycled if the applicant 
demonstrates that sufficient amounts of the material will be recycled or 
transferred for recycling in the following year. If a variance is 
granted, it is valid only for the following year, but can be renewed, on 
an annual basis, by filing a new application. The Administrator's 
decision will be based on the following criteria:
    (1) The manner in which the material is expected to be recycled, 
when the material is expected to be recycled, and whether this expected 
disposition is likely to occur (for example, because of past practice, 
market factors, the nature of the material, or contractual arrangements 
for recycling);
    (2) The reason that the applicant has accumulated the material for 
one or more years without recycling 75 percent of the volume accumulated 
at the beginning of the year;
    (3) The quantity of material already accumulated and the quantity 
expected to be generated and accumulated before the material is 
recycled;
    (4) The extent to which the material is handled to minimize loss;
    (5) Other relevant factors.
    (b) The Administrator may grant requests for a variance from 
classifying as a solid waste those materials that are reclaimed and then 
reused as feedstock within the original production process in which the 
materials were generated if the reclamation operation is an essential 
part of the production process. This determination will be based on the 
following criteria:
    (1) How economically viable the production process would be if it 
were to use virgin materials, rather than reclaimed materials;
    (2) The extent to which the material is handled before reclamation 
to minimize loss;
    (3) The time periods between generating the material and its 
reclamation, and between reclamation and return to the original primary 
production process;
    (4) The location of the reclamation operation in relation to the 
production process;
    (5) Whether the reclaimed material is used for the purpose for which 
it was originally produced when it is returned to the original process, 
and whether it is returned to the process in substantially its original 
form;
    (6) Whether the person who generates the material also reclaims it;
    (7) Other relevant factors.
    (c) The Administrator may grant requests for a variance from 
classifying as a solid waste those hazardous secondary materials that 
have been partially reclaimed, but must be reclaimed further before 
recovery is completed, if the partial reclamation has produced a 
commodity-like material. A determination that a partially-reclaimed 
material for which the variance is sought is commodity-like will

[[Page 27]]

be based on whether the hazardous secondary material is legitimately 
recycled as specified in Sec. 260.43 of this part and on whether all of 
the following decision criteria are satisfied:
    (1) Whether the degree of partial reclamation the material has 
undergone is substantial as demonstrated by using a partial reclamation 
process other than the process that generated the hazardous waste;
    (2) Whether the partially-reclaimed material has sufficient economic 
value that it will be purchased for further reclamation;
    (3) Whether the partially-reclaimed material is a viable substitute 
for a product or intermediate produced from virgin or raw materials 
which is used in subsequent production steps;
    (4) Whether there is a market for the partially-reclaimed material 
as demonstrated by known customer(s) who are further reclaiming the 
material (e.g., records of sales and/or contracts and evidence of 
subsequent use, such as bills of lading);
    (5) Whether the partially-reclaimed material is handled to minimize 
loss.
    (d) The Administrator may grant requests for a variance from 
classifying as a solid waste those hazardous secondary materials that 
are transferred for reclamation under Sec. 261.4(a)(24) and are managed 
at a verified reclamation facility or intermediate facility where the 
management of the hazardous secondary materials is not addressed under a 
RCRA Part B permit or interim status standards. The Administrator's 
decision will be based on the following criteria:
    (1) The reclamation facility or intermediate facility must 
demonstrate that the reclamation process for the hazardous secondary 
materials is legitimate pursuant to Sec. 260.43;
    (2) The reclamation facility or intermediate facility must satisfy 
the financial assurance condition in Sec. 261.4(a)(24)(vi)(F);
    (3) The reclamation facility or intermediate facility must not be 
subject to a formal enforcement action in the previous three years and 
not be classified as a significant non-complier under RCRA Subtitle C, 
or must provide credible evidence that the facility will manage the 
hazardous secondary materials properly. Credible evidence may include a 
demonstration that the facility has taken remedial steps to address the 
violations and prevent future violations, or that the violations are not 
relevant to the proper management of the hazardous secondary materials;
    (4) The intermediate or reclamation facility must have the equipment 
and trained personnel needed to safely manage the hazardous secondary 
material and must meet emergency preparedness and response requirements 
under 40 CFR part 261 subpart M;
    (5) If residuals are generated from the reclamation of the excluded 
hazardous secondary materials, the reclamation facility must have the 
permits required (if any) to manage the residuals, have a contract with 
an appropriately permitted facility to dispose of the residuals or 
present credible evidence that the residuals will be managed in a manner 
that is protective of human health and the environment, and
    (6) The intermediate or reclamation facility must address the 
potential for risk to proximate populations from unpermitted releases of 
the hazardous secondary material to the environment (i.e., releases that 
are not covered by a permit, such as a permit to discharge to water or 
air), which may include, but are not limited to, potential releases 
through surface transport by precipitation runoff, releases to soil and 
groundwater, wind-blown dust, fugitive air emissions, and catastrophic 
unit failures), and must include consideration of potential cumulative 
risks from other nearby potential stressors.

[50 FR 662, Jan. 4, 1985, as amended at 59 FR 48041, Sept. 19, 1994; 71 
FR 16902, Apr. 4, 2006; 80 FR 1771, Jan. 13, 2015]



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

[[Page 28]]

thermal energy in the form of steam, heated fluids, or heated gases; and
    (b) The extent to which the combustion chamber and energy recovery 
equipment are of integral design; and
    (c) The efficiency of energy recovery, calculated in terms of the 
recovered energy compared with the thermal value of the fuel; and
    (d) The extent to which exported energy is utilized; and
    (e) The extent to which the device is in common and customary use as 
a ``boiler'' functioning primarily to produce steam, heated fluids, or 
heated gases; and
    (f) Other factors, as appropriate.

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



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

    The Administrator will use the following procedures in evaluating 
applications for variances from classification as a solid waste, 
applications to classify particular enclosed controlled flame combustion 
devices as boilers, or applications for non-waste determinations.
    (a) The applicant must apply to the Administrator for the variance 
or non-waste determination. The application must address the relevant 
criteria contained in Sec. 260.31, Sec. 260.32, or Sec. 260.34, as 
applicable.
    (b) The Administrator will evaluate the application and issue a 
draft notice tentatively granting or denying the application. 
Notification of this tentative decision will be provided by newspaper 
advertisement or radio broadcast in the locality where the recycler is 
located. The Administrator will accept comment on the tentative decision 
for 30 days, and may also hold a public hearing upon request or at his 
discretion. The Administrator will issue a final decision after receipt 
of comments and after the hearing (if any).
    (c) In the event of a change in circumstances that affect how a 
hazardous secondary material meets the relevant criteria contained in 
Sec. 260.31, Sec. 260.32, or Sec. 260.34 upon which a variance or non-
waste determination has been based, the applicant must send a 
description of the change in circumstances to the Administrator. The 
Administrator may issue a determination that the hazardous secondary 
material continues to meet the relevant criteria of the variance or non-
waste determination or may require the facility to re-apply for the 
variance or non-waste determination.
    (d) Variances and non-waste determinations shall be effective for a 
fixed term not to exceed ten years. No later than six months prior to 
the end of this term, facilities must re-apply for a variance or non-
waste determination. If a facility re-applies for a variance or non-
waste determination within six months, the facility may continue to 
operate under an expired variance or non-waste determination until 
receiving a decision on their re-application from the Administrator.
    (e) Facilities receiving a variance or non-waste determination must 
provide notification as required by Sec. 260.42 of this chapter.

[59 FR 48041, Sept. 19, 1994, as amended at 73 FR 64758, Oct. 30, 2008; 
80 FR 1772, Jan. 13, 2015]



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

    (a) An applicant may apply to the Administrator for a formal 
determination that a hazardous secondary material is not discarded and 
therefore not a solid waste. The determinations will be based on the 
criteria contained in paragraphs (b) or (c) of this section, as 
applicable. If an application is denied, the hazardous secondary 
material might still be eligible for a solid waste variance or exclusion 
(for example, one of the solid waste variances under Sec. 260.31). 
Determinations may also be granted by the State if the State is either 
authorized for this provision or if the following conditions are met:
    (1) The State determines the hazardous secondary material meets the 
criteria in paragraphs (b) or (c) of this section, as applicable;
    (2) The State requests that EPA review its determination; and
    (3) EPA approves the State determination.
    (b) The Administrator may grant a non-waste determination for 
hazardous secondary material which is reclaimed

[[Page 29]]

in a continuous industrial process if the applicant demonstrates that 
the hazardous secondary material is a part of the production process and 
is not discarded. The determination will be based on whether the 
hazardous secondary material is legitimately recycled as specified in 
Sec. 260.43 and on the following criteria:
    (1) The extent that the management of the hazardous secondary 
material is part of the continuous primary production process and is not 
waste treatment;
    (2) Whether the capacity of the production process would use the 
hazardous secondary material in a reasonable time frame and ensure that 
the hazardous secondary material will not be abandoned (for example, 
based on past practices, market factors, the nature of the hazardous 
secondary material, or any contractual arrangements);
    (3) Whether the hazardous constituents in the hazardous secondary 
material are reclaimed rather than released to the air, water or land at 
significantly higher levels from either a statistical or from a health 
and environmental risk perspective than would otherwise be released by 
the production process; and
    (4) Other relevant factors that demonstrate the hazardous secondary 
material is not discarded, including why the hazardous secondary 
material cannot meet, or should not have to meet, the conditions of an 
exclusion under Sec. 261.2 or Sec. 261.4 of this chapter.
    (c) The Administrator may grant a non-waste determination for 
hazardous secondary material which is indistinguishable in all relevant 
aspects from a product or intermediate if the applicant demonstrates 
that the hazardous secondary material is comparable to a product or 
intermediate and is not discarded. The determination will be based on 
whether the hazardous secondary material is legitimately recycled as 
specified in Sec. 260.43 and on the following criteria:
    (1) Whether market participants treat the hazardous secondary 
material as a product or intermediate rather than a waste (for example, 
based on the current positive value of the hazardous secondary material, 
stability of demand, or any contractual arrangements);
    (2) Whether the chemical and physical identity of the hazardous 
secondary material is comparable to commercial products or 
intermediates;
    (3) Whether the capacity of the market would use the hazardous 
secondary material in a reasonable time frame and ensure that the 
hazardous secondary material will not be abandoned (for example, based 
on past practices, market factors, the nature of the hazardous secondary 
material, or any contractual arrangements);
    (4) Whether the hazardous constituents in the hazardous secondary 
material are reclaimed rather than released to the air, water or land at 
significantly higher levels from either a statistical or from a health 
and environmental risk perspective than would otherwise be released by 
the production process; and
    (5) Other relevant factors that demonstrate the hazardous secondary 
material is not discarded, including why the hazardous secondary 
material cannot meet, or should not have to meet, the conditions of an 
exclusion under Sec. 261.2 or Sec. 261.4 of this chapter.

[73 FR 64758, Oct. 30, 2008, as amended at 80 FR 1772, Jan. 13, 2015]



Sec. 260.40  Additional regulation of certain hazardous waste
recycling activities on a case-by-case basis.

    (a) The Regional Administrator may decide on a case-by-case basis 
that persons accumulating or storing the recyclable materials described 
in Sec. 261.6(a)(2)(iii) of this chapter should be regulated under 
Sec. 261.6 (b) and (c) of this chapter. The basis for this decision is 
that the materials are being accumulated or stored in a manner that does 
not protect human health and the environment because the materials or 
their toxic constituents have not been adequately contained, or because 
the materials being accumulated or stored together are incompatible. In 
making this decision, the Regional Administrator will consider the 
following factors:
    (1) The types of materials accumulated or stored and the amounts 
accumulated or stored;

[[Page 30]]

    (2) The method of accumulation or storage;
    (3) The length of time the materials have been accumulated or stored 
before being reclaimed;
    (4) Whether any contaminants are being released into the 
environment, or are likely to be so released; and
    (5) Other relevant factors.
    (b) [Reserved]

The procedures for this decision are set forth in Sec. 260.41 of this 
chapter.

[50 FR 662, Jan. 4, 1985, as amended at 71 FR 40258, July 14, 2006]



Sec. 260.41  Procedures for case-by-case regulation of hazardous 
waste recycling activities.

    The Regional Administrator will use the following procedures when 
determining whether to regulate hazardous waste recycling activities 
described in Sec. 261.6(a)(2)(iii) under the provisions of Sec. 261.6 
(b) and (c), rather than under the provisions of subpart F of part 266 
of this chapter.
    (a) If a generator is accumulating the waste, the Regional 
Administrator will issue a notice setting forth the factual basis for 
the decision and stating that the person must comply with the applicable 
requirements of subparts A, C, D, and E of part 262 of this chapter. The 
notice will become final within 30 days, unless the person served 
requests a public hearing to challenge the decision. Upon receiving such 
a request, the Regional Administrator will hold a public hearing. The 
Regional Administrator will provide notice of the hearing to the public 
and allow public participation at the hearing. The Regional 
Administrator will issue a final order after the hearing stating whether 
or not compliance with part 262 is required. The order becomes effective 
30 days after service of the decision unless the Regional Administrator 
specifies a later date or unless review by the Administrator is 
requested. The order may be appealed to the Administrator by any person 
who participated in the public hearing. The Administrator may choose to 
grant or to deny the appeal. Final Agency action occurs when a final 
order is issued and Agency review procedures are exhausted.
    (b) If the person is accumulating the recyclable material as a 
storage facility, the notice will state that the person must obtain a 
permit in accordance with all applicable provisions of parts 270 and 124 
of this chapter. The owner or operator of the facility must apply for a 
permit within no less than 60 days and no more than six months of 
notice, as specified in the notice. If the owner or operator of the 
facility wishes to challenge the Regional Administrator's decision, he 
may do so in his permit application, in a public hearing held on the 
draft permit, or in comments filed on the draft permit or on the notice 
of intent to deny the permit. The fact sheet accompanying the permit 
will specify the reasons for the Agency's determination. The question of 
whether the Regional Administrator's decision was proper will remain 
open for consideration during the public comment period discussed under 
Sec. 124.11 of this chapter and in any subsequent hearing.

[50 FR 663, Jan. 4, 1985, as amended at 71 FR 40258, July 14, 2006]



Sec. 260.42  Notification requirement for hazardous secondary
materials.

    (a) Facilities managing hazardous secondary materials under 
Secs. 260.30, 261.4(a)(23), 261.4(a)(24), or 261.4(a)(27) must send a 
notification prior to operating under the regulatory provision and by 
March 1 of each even-numbered year thereafter to the Regional 
Administrator using EPA Form 8700-12 that includes the following 
information:
    (1) The name, address, and EPA ID number (if applicable) of the 
facility;
    (2) The name and telephone number of a contact person;
    (3) The NAICS code of the facility;
    (4) The regulation under which the hazardous secondary materials 
will be managed;
    (5) When the facility began or expects to begin managing the 
hazardous secondary materials in accordance with the regulation;
    (6) A list of hazardous secondary materials that will be managed 
according to the regulation (reported as the EPA hazardous waste numbers 
that would apply if the hazardous secondary materials were managed as 
hazardous wastes);

[[Page 31]]

    (7) For each hazardous secondary material, whether the hazardous 
secondary material, or any portion thereof, will be managed in a land-
based unit;
    (8) The quantity of each hazardous secondary material to be managed 
annually; and
    (9) The certification (included in EPA Form 8700-12) signed and 
dated by an authorized representative of the facility.
    (b) If a facility managing hazardous secondary materials has 
submitted a notification, but then subsequently stops managing hazardous 
secondary materials in accordance with the regulation(s) listed above, 
the facility must notify the Regional Administrator within thirty (30) 
days using EPA Form 8700-12. For purposes of this section, a facility 
has stopped managing hazardous secondary materials if the facility no 
longer generates, manages and/or reclaims hazardous secondary materials 
under the regulation(s) above and does not expect to manage any amount 
of hazardous secondary materials for at least 1 year.

[73 FR 64759, Oct. 30, 2008, as amended at 80 FR 1772, Jan. 13, 2015]



Sec. 260.43  Legitimate recycling of hazardous secondary materials.

    (a) Recycling of hazardous secondary materials for the purpose of 
the exclusions or exemptions from the hazardous waste regulations must 
be legitimate. Hazardous secondary material that is not legitimately 
recycled is discarded material and is a solid waste. In determining if 
their recycling is legitimate, persons must address all the requirements 
of this paragraph.
    (1) Legitimate recycling must involve a hazardous secondary material 
that provides a useful contribution to the recycling process or to a 
product or intermediate of the recycling process. The hazardous 
secondary material provides a useful contribution if it:
    (i) Contributes valuable ingredients to a product or intermediate; 
or
    (ii) Replaces a catalyst or carrier in the recycling process; or
    (iii) Is the source of a valuable constituent recovered in the 
recycling process; or
    (iv) Is recovered or regenerated by the recycling process; or
    (v) Is used as an effective substitute for a commercial product.
    (2) The recycling process must produce a valuable product or 
intermediate. The product or intermediate is valuable if it is:
    (i) Sold to a third party; or
    (ii) Used by the recycler or the generator as an effective 
substitute for a commercial product or as an ingredient or intermediate 
in an industrial process.
    (3) The generator and the recycler must manage the hazardous 
secondary material as a valuable commodity when it is under their 
control. Where there is an analogous raw material, the hazardous 
secondary material must be managed, at a minimum, in a manner consistent 
with the management of the raw material or in an equally protective 
manner. Where there is no analogous raw material, the hazardous 
secondary material must be contained. Hazardous secondary materials that 
are released to the environment and are not recovered immediately are 
discarded.
    (4) The product of the recycling process must be comparable to a 
legitimate product or intermediate:
    (i) Where there is an analogous product or intermediate, the product 
of the recycling process is comparable to a legitimate product or 
intermediate if:
    (A) The product of the recycling process does not exhibit a 
hazardous characteristic (as defined in part 261 subpart C) that 
analogous products do not exhibit, and
    (B) The concentrations of any hazardous constituents found in 
appendix VIII of part 261 of this chapter that are in the product or 
intermediate are at levels that are comparable to or lower than those 
found in analogous products or at levels that meet widely-recognized 
commodity standards and specifications, in the case where the commodity 
standards and specifications include levels that specifically address 
those hazardous constituents.
    (ii) Where there is no analogous product, the product of the 
recycling process is comparable to a legitimate product or intermediate 
if:

[[Page 32]]

    (A) The product of the recycling process is a commodity that meets 
widely recognized commodity standards and specifications (e.g., 
commodity specification grades for common metals), or
    (B) The hazardous secondary materials being recycled are returned to 
the original process or processes from which they were generated to be 
reused (e.g., closed loop recycling).
    (iii) If the product of the recycling process has levels of 
hazardous constituents that are not comparable to or unable to be 
compared to a legitimate product or intermediate per paragraph (a)(4)(i) 
or (ii) of this section, the recycling still may be shown to be 
legitimate, if it meets the following specified requirements. The person 
performing the recycling must conduct the necessary assessment and 
prepare documentation showing why the recycling is, in fact, still 
legitimate. The recycling can be shown to be legitimate based on lack of 
exposure from toxics in the product, lack of the bioavailability of the 
toxics in the product, or other relevant considerations which show that 
the recycled product does not contain levels of hazardous constituents 
that pose a significant human health or environmental risk. The 
documentation must include a certification statement that the recycling 
is legitimate and must be maintained on-site for three years after the 
recycling operation has ceased. The person performing the recycling must 
notify the Regional Administrator of this activity using EPA Form 8700-
12.
    (b)-(c) [Reserved]

[73 FR 64759, Oct. 30, 2008, as amended at 80 FR 1772, Jan. 13, 2015]



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  [Reserved]
261.6  Requirements for recyclable materials.
261.7  Residues of hazardous waste in empty containers.
261.8  PCB wastes regulated under Toxic Substance Control Act.
261.9  Requirements for Universal Waste.

 Subpart B_Manifest Requirements Applicable to Small and Large Quantity 
                               Generators

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

   Subpart C_Pre-Transport Requirements Applicable to Small and Large 
                           Quantity Generators

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

                   Subpart D_Lists of Hazardous Wastes

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

                     Subpart E_Exclusions/Exemptions

261.38  [Reserved]
261.39  Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) 
          and Processed CRT Glass Undergoing Recycling.
261.40  Conditional Exclusion for Used, Intact Cathode Ray Tubes (CRTs) 
          Exported for Recycling.
261.41  Notification and Recordkeeping for Used, Intact Cathode Ray 
          Tubes (CRTs) Exported for Reuse.

Subparts F-G [Reserved]

 Subpart H_Financial Requirements for Management of Excluded Hazardous 
                           Secondary Materials

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

[[Page 33]]

               Subpart I_Use and Management of Containers

261.170  Applicability.
261.171  Condition of containers.
261.172  Compatibility of hazardous secondary materials with containers.
261.173  Management of containers.
261.175  Containment.
261.176  Special requirements for ignitable or reactive hazardous 
          secondary material.
261.177  Special requirements for incompatible materials.
261.179  Air emission standards.

                         Subpart J_Tank Systems

261.190  Applicability.
261.191  Assessment of existing tank system's integrity.
261.192  [Reserved]
261.193  Containment and detection of releases.
261.194  General operating requirements.
261.195  [Reserved]
261.196  Response to leaks or spills and disposition of leaking or 
          unfit-for-use tank systems.
261.197  Termination of remanufacturing exclusion.
261.198  Special requirements for ignitable or reactive materials.
261.199  Special requirements for incompatible materials.
261.200  Air emission standards.

Subparts K-L [Reserved]

Subpart M_Emergency Preparedness and Response for Management of Excluded 
                      Hazardous Secondary Materials

261.400  Applicability.
261.410  Preparedness and prevention
261.411  Emergency procedures for facilities generating or accumulating 
          of 6000 kg or less of hazardous secondary material.
261.420  Contingency planning and emergency procedures for facilities 
          generating or accumulating more than 6000 kg of hazardous 
          secondary material.

Subparts N-Z [Reserved]

           Subpart AA_Air Emission Standards for Process Vents

261.1030  Applicability.
261.1031  Definitions.
261.1032  Standards: Process vents.
261.1033  Standards: Closed-vent systems and control devices.
261.1034  Test methods and procedures.
261.1035  Recordkeeping requirements.
261.1036-261.1049  [Reserved]

          Subpart BB_Air Emission Standards for Equipment Leaks

261.1050  Applicability.
261.1051  Definitions.
261.1052  Standards: Pumps in light liquid service.
261.1053  Standards: Compressors.
261.1054  Standards: Pressure relief devices in gas/vapor service.
261.1055  Standards: Sampling connection systems.
261.1056  Standards: Open-ended valves or lines.
261.1057  Standards: Valves in gas/vapor service or in light liquid 
          service.
261.1058  Standards: Pumps and valves in heavy liquid service, pressure 
          relief devices in light liquid or heavy liquid service, and 
          flanges and other connectors.
261.1059  Standards: Delay of repair.
261.1060  Standards: Closed-vent systems and control devices.
261.1061  Alternative standards for valves in gas/vapor service or in 
          light liquid service: percentage of valves allowed to leak.
261.1062  Alternative standards for valves in gas/vapor service or in 
          light liquid service: skip period leak detection and repair.
261.1063  Test methods and procedures.
261.1064  Recordkeeping requirements.
261.1065-261.1079  [Reserved]

       Subpart CC_Air Emission Standards for Tanks and Containers

261.1080  Applicability.
261.1081  Definitions.
261.1082  Standards: General.
261.1083  Material determination procedures.
261.1084  Standards: Tanks.
261.1085  [Reserved]
261.1086  Standards: Containers.
261.1087  Standards: Closed-vent systems and control devices.
261.1088  Inspection and monitoring requirements.
261.1089  Recordkeeping requirements.
261.1090  [Reserved]

Appendix I to Part 261--Representative Sampling Methods
Appendixes II-III to Part 261 [Reserved]
Appendix IV to Part 261 [Reserved for Radioactive Waste Test Methods]
Appendix V to Part 261 [Reserved for Infectious Waste Treatment 
          Specifications]
Appendix VI to Part 261 [Reserved for Etiologic Agents]
Appendix VII to Part 261--Basis for Listing Hazardous Waste
Appendix VIII to Part 261--Hazardous Constituents
Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20 and 260.22


[[Page 34]]


    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 of this chapter and establishes 
special management requirements for hazardous waste produced by very 
small quantity generators and hazardous waste which is recycled.
    (2) Subpart B sets forth the criteria used by EPA to identify 
characteristics of hazardous waste and to list particular hazardous 
wastes.
    (3) Subpart C identifies characteristics of hazardous waste.
    (4) Subpart D lists particular hazardous wastes.
    (b)(1) The definition of solid waste contained in this part applies 
only to wastes that also are hazardous for purposes of the regulations 
implementing subtitle C of RCRA. For example, it does not apply to 
materials (such as non-hazardous scrap, paper, textiles, or rubber) that 
are not otherwise hazardous wastes and that are recycled.
    (2) This part identifies only some of the materials which are solid 
wastes and hazardous wastes under sections 3007, 3013, and 7003 of RCRA. 
A material which is not defined as a solid waste in this part, or is not 
a hazardous waste identified or listed in this part, is still a solid 
waste and a hazardous waste for purposes of these sections if:
    (i) In the case of sections 3007 and 3013, EPA has reason to believe 
that the material may be a solid waste within the meaning of section 
1004(27) of RCRA and a hazardous waste within the meaning of section 
1004(5) of RCRA; or
    (ii) In the case of section 7003, the statutory elements are 
established.
    (c) For the purposes of Secs. 261.2 and 261.6:
    (1) A ``spent material'' is any material that has been used and as a 
result of contamination can no longer serve the purpose for which it was 
produced without processing;
    (2) ``Sludge'' has the same meaning used in Sec. 260.10 of this 
chapter;
    (3) A ``by-product'' is a material that is not one of the primary 
products of a production process and is not solely or separately 
produced by the production process. Examples are process residues such 
as slags or distillation column bottoms. The term does not include a co-
product that is produced for the general public's use and is ordinarily 
used in the form it is produced by the process.
    (4) A material is ``reclaimed'' if it is processed to recover a 
usable product, or if it is regenerated. Examples are recovery of lead 
values from spent batteries and regeneration of spent solvents. In 
addition, for purposes of Sec. 261.4(a)(23) and (24), smelting, melting, 
and refining furnaces are considered to be solely engaged in metals 
reclamation if the metal recovery from the hazardous secondary materials 
meets the same requirements as those specified for metals recovery from 
hazardous waste found in Sec. 266.100(d)(1) through (3) of this chapter, 
and if the residuals meet the requirements specified in Sec. 266.112 of 
this chapter.
    (5) A material is ``used or reused'' if it is either:
    (i) Employed as an ingredient (including use as an intermediate) in 
an industrial process to make a product (for example, distillation 
bottoms from one process used as feedstock in another process). However, 
a material will not satisfy this condition if distinct components of the 
material are recovered as separate end products (as when metals are 
recovered from metal-containing secondary materials); or
    (ii) Employed in a particular function or application as an 
effective substitute for a commercial product (for example, spent pickle 
liquor used as phosphorous precipitant and sludge conditioner in 
wastewater treatment).

[[Page 35]]

    (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. Materials 
must be placed in a storage unit with a label indicating the first date 
that the material began to be accumulated. If placing a label on the 
storage unit is not practicable, the accumulation period must be 
documented through an inventory log or other appropriate method. In 
calculating the percentage of turnover, the 75 percent requirement is to 
be applied to each material of the same type (e.g., slags from a single 
smelting process) that is recycled in the same way (i.e., from which the 
same material is recovered or that is used in the same way). Materials 
accumulating in units that would be exempt from regulation under 
Sec. 261.4(c) are not to be included in making the calculation. 
Materials that are already defined as solid wastes also are not to be 
included in making the calculation. Materials are no longer in this 
category once they are removed from accumulation for recycling, however.
    (9) ``Excluded scrap metal'' is processed scrap metal, unprocessed 
home scrap metal, and unprocessed prompt scrap metal.
    (10) ``Processed scrap metal'' is scrap metal which has been 
manually or physically altered to either separate it into distinct 
materials to enhance economic value or to improve the handling of 
materials. Processed scrap metal includes, but is not limited to scrap 
metal which has been baled, shredded, sheared, chopped, crushed, 
flattened, cut, melted, or separated by metal type (i.e., sorted), and, 
fines, drosses and related materials which have been agglomerated. 
(Note: shredded circuit boards being sent for recycling are not 
considered processed scrap metal. They are covered under the exclusion 
from the definition of solid waste for shredded circuit boards being 
recycled (Sec. 261.4(a)(14)).
    (11) ``Home scrap metal'' is scrap metal as generated by steel 
mills, foundries, and refineries such as turnings, cuttings, punchings, 
and borings.
    (12) ``Prompt scrap metal'' is scrap metal as generated by the metal 
working/fabrication industries and includes such scrap metal as 
turnings, cuttings, punchings, and borings. Prompt scrap is also known 
as industrial or new scrap metal.

[45 FR 33119, May 19, 1980, as amended at 48 FR 14293, Apr. 1, 1983; 50 
FR 663, Jan. 4, 1985; 51 FR 10174, Mar. 24, 1986; 51 FR 40636, Nov. 7, 
1986; 62 FR 26018, May 12, 1997; 73 FR 64760, Oct. 30, 2008; 75 FR 
13001, Mar. 18, 2010; 80 FR 1773, Jan. 13, 2015; 81 FR 85806, Nov. 28, 
2016]



Sec. 261.2  Definition of solid waste.

    (a)(1) A solid waste is any discarded material that is not excluded 
under Sec. 261.4(a) or that is not excluded by a variance granted under 
Secs. 260.30 and 260.31 or that is not excluded by a non-waste 
determination under Secs. 260.30 and 260.34.
    (2)(i) A discarded material is any material which is:
    (A) Abandoned, as explained in paragraph (b) of this section; or
    (B) Recycled, as explained in paragraph (c) of this section; or
    (C) Considered inherently waste-like, as explained in paragraph (d) 
of this section; or
    (D) A military munition identified as a solid waste in Sec. 266.202.
    (ii) [Reserved]
    (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; or

[[Page 36]]

    (4) Sham recycled, as explained in paragraph (g) of this section.
    (c) Materials are solid wastes if they are recycled--or accumulated, 
stored, or treated before recycling--as specified in paragraphs (c)(1) 
through (4) of this section.
    (1) Used in a manner constituting disposal. (i) Materials noted with 
a ``*'' in Column 1 of Table 1 are solid wastes when they are:
    (A) Applied to or placed on the land in a manner that constitutes 
disposal; or
    (B) Used to produce products that are applied to or placed on the 
land or are otherwise contained in products that are applied to or 
placed on the land (in which cases the product itself remains a solid 
waste).
    (ii) However, commercial chemical products listed in Sec. 261.33 are 
not solid wastes if they are applied to the land and that is their 
ordinary manner of use.
    (2) Burning for energy recovery. (i) Materials noted with a ``*'' in 
column 2 of Table 1 are solid wastes when they are:
    (A) Burned to recover energy;
    (B) Used to produce a fuel or are otherwise contained in fuels (in 
which cases the fuel itself remains a solid waste).
    (ii) However, commercial chemical products listed in Sec. 261.33 are 
not solid wastes if they are themselves fuels.
    (3) Reclaimed. Materials noted with a ``-'' in column 3 of Table 1 
are not solid wastes when reclaimed. Materials noted with an ``*'' in 
column 3 of Table 1 are solid wastes when reclaimed unless they meet the 
requirements of Secs. 261.4(a)(17), or 261.4(a)(23), 261.4(a)(24), or 
261.4(a)(27).
    (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)), except
                                                                       Use constituting     Energy recovery/      as provided in         Speculative
                                                                        disposal (Sec. fuel (Sec. 261.4(a)(17),      accumulation (Sec.
                                                                         261.2(c)(1))         261.2(c)(2))         261.4(a)(23),         261.2(c)(4))
                                                                                                                  261.4(a)(24) or
                                                                                                                   261.4(a)(27)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              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 that is not excluded under 40 CFR 261.4(a)(13).........               (*)                  (*)                   (*)                  (*)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: The terms ``spent materials,'' ``sludges,'' ``by-products,'' and ``scrap metal'' and ``processed scrap metal'' are defined in Sec. 261.1.

    (d) Inherently waste-like materials. The following materials are 
solid wastes when they are recycled in any manner:
    (1) Hazardous Waste Nos. F020, F021 (unless used as an ingredient to 
make a product at the site of generation), F022, F023, F026, and F028.
    (2) Secondary materials fed to a halogen acid furnace that exhibit a 
characteristic of a hazardous waste or are listed as a hazardous waste 
as defined in subparts C or D of this part, except for brominated 
material that meets the following criteria:
    (i) The material must contain a bromine concentration of at least 
45%; and
    (ii) The material must contain less than a total of 1% of toxic 
organic compounds listed in appendix VIII; and
    (iii) The material is processed continually on-site in the halogen 
acid furnace via direct conveyance (hard piping).
    (3) The Administrator will use the following criteria to add wastes 
to that list:
    (i)(A) The materials are ordinarily disposed of, burned, or 
incinerated; or

[[Page 37]]

    (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.
    (g) Sham recycling. A hazardous secondary material found to be sham 
recycled is considered discarded and a solid waste. Sham recycling is 
recycling that is not legitimate recycling as defined in Sec. 260.43.

[50 FR 664, Jan. 4, 1985, as amended at 50 FR 33542, Aug. 20, 1985; 56 
FR 7206, Feb. 21, 1991; 56 FR 32688, July 17, 1991; 56 FR 42512, Aug. 
27, 1991; 57 FR 38564, Aug. 25, 1992; 59 FR 48042, Sept. 19, 1994; 62 FR 
6651, Feb. 12, 1997; 62 FR 26019, May 12, 1997; 63 FR 28636, May 26, 
1998; 64 FR 24513, May 11, 1999; 67 FR 11253, Mar. 13, 2002; 71 FR 
40258, July 14, 2006; 73 FR 64760, Oct. 30, 2008; 75 FR 13001, Mar. 18, 
2010; 80 FR 1774, Jan. 13, 2015]



Sec. 261.3  Definition of hazardous waste.

    (a) A solid waste, as defined in Sec. 261.2, is a hazardous waste 
if:
    (1) It is not excluded from regulation as a hazardous waste under 
Sec. 261.4(b); and
    (2) It meets any of the following criteria:
    (i) It exhibits any of the characteristics of hazardous waste 
identified in subpart C of this part. However, any mixture of a waste 
from the extraction, beneficiation, and processing of ores and minerals 
excluded under Sec. 261.4(b)(7) and any other solid waste exhibiting a 
characteristic of hazardous waste under subpart C is a hazardous waste 
only if it exhibits a characteristic that would not have been exhibited 
by the excluded waste alone if such mixture had not occurred, or if it 
continues to exhibit any of the characteristics exhibited by the non-
excluded wastes prior to mixture. Further, for the purposes of applying 
the Toxicity Characteristic to such mixtures, the mixture is also a 
hazardous waste if it

[[Page 38]]

exceeds the maximum concentration for any contaminant listed in table 1 
to Sec. 261.24 that would not have been exceeded by the excluded waste 
alone if the mixture had not occurred or if it continues to exceed the 
maximum concentration for any contaminant exceeded by the nonexempt 
waste prior to mixture.
    (ii) It is listed in subpart D of this part and has not been 
excluded from the lists in subpart D of this part under Secs. 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 Secs. 260.20 and 260.22, 
paragraph (g) of this section, or paragraph (h) of this section; 
however, the following mixtures of solid wastes and hazardous wastes 
listed in subpart D of this part are not hazardous wastes (except by 
application of paragraph (a)(2)(i) or (ii) of this section) if the 
generator can demonstrate that the mixture consists of wastewater the 
discharge of which is subject to regulation under either section 402 or 
section 307(b) of the Clean Water Act (including wastewater at 
facilities which have eliminated the discharge of wastewater) and;
    (A) One or more of the following spent solvents listed in 
Sec. 261.31--benzene, carbon tetrachloride, tetrachloroethylene, 
trichloroethylene or the scrubber waters derived-from the combustion of 
these spent solvents--Provided, That the maximum total weekly usage of 
these solvents (other than the amounts that can be demonstrated not to 
be discharged to wastewater) divided by the average weekly flow of 
wastewater into the headworks of the facility's wastewater treatment or 
pretreatment system does not exceed 1 part per million, OR the total 
measured concentration of these solvents entering the headworks of the 
facility's wastewater treatment system (at facilities subject to 
regulation under the Clean Air Act, as amended, at 40 CFR parts 60, 61, 
or 63, or at facilities subject to an enforceable limit in a federal 
operating permit that minimizes fugitive emissions), does not exceed 1 
part per million on an average weekly basis. Any facility that uses 
benzene as a solvent and claims this exemption must use an aerated 
biological wastewater treatment system and must use only lined surface 
impoundments or tanks prior to secondary clarification in the wastewater 
treatment system. Facilities that choose to measure concentration levels 
must file a copy of their sampling and analysis plan with the Regional 
Administrator, or State Director, as the context requires, or an 
authorized representative (``Director'' as defined in 40 CFR 270.2). A 
facility must file a copy of a revised sampling and analysis plan only 
if the initial plan is rendered inaccurate by changes in the facility's 
operations. The sampling and analysis plan must include the monitoring 
point location (headworks), the sampling frequency and methodology, and 
a list of constituents to be monitored. A facility is eligible for the 
direct monitoring option once they receive confirmation that the 
sampling and analysis plan has been received by the Director. The 
Director may reject the sampling and analysis plan if he/she finds that, 
the sampling and analysis plan fails to include the above information; 
or the plan parameters would not enable the facility to calculate the 
weekly average concentration of these chemicals accurately. If the 
Director rejects the sampling and analysis plan or if the Director finds 
that the facility is not following the sampling and analysis plan, the 
Director shall notify the facility to cease the use of the direct 
monitoring option until such time as the bases for rejection are 
corrected; or
    (B) One or more of the following spent solvents listed in 
Sec. 261.31-methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-
dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl 
ethyl ketone, carbon disulfide, isobutanol, pyridine, spent 
chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters 
derived-from the combustion of these spent solvents--Provided That the 
maximum total weekly usage of these solvents (other than the amounts 
that can be demonstrated not to be discharged to wastewater) divided by 
the average weekly flow of wastewater into the headworks of the 
facility's wastewater

[[Page 39]]

treatment or pretreatment system does not exceed 25 parts per million, 
OR the total measured concentration of these solvents entering the 
headworks of the facility's wastewater treatment system (at facilities 
subject to regulation under the Clean Air Act as amended, at 40 CFR 
parts 60, 61, or 63, or at facilities subject to an enforceable limit in 
a federal operating permit that minimizes fugitive emissions), does not 
exceed 25 parts per million on an average weekly basis. Facilities that 
choose to measure concentration levels must file a copy of their 
sampling and analysis plan with the Regional Administrator, or State 
Director, as the context requires, or an authorized representative 
(``Director'' as defined in 40 CFR 270.2). A facility must file a copy 
of a revised sampling and analysis plan only if the initial plan is 
rendered inaccurate by changes in the facility's operations. The 
sampling and analysis plan must include the monitoring point location 
(headworks), the sampling frequency and methodology, and a list of 
constituents to be monitored. A facility is eligible for the direct 
monitoring option once they receive confirmation that the sampling and 
analysis plan has been received by the Director. The Director may reject 
the sampling and analysis plan if he/she finds that, the sampling and 
analysis plan fails to include the above information; or the plan 
parameters would not enable the facility to calculate the weekly average 
concentration of these chemicals accurately. If the Director rejects the 
sampling and analysis plan or if the Director finds that the facility is 
not following the sampling and analysis plan, the Director shall notify 
the facility to cease the use of the direct monitoring option until such 
time as the bases for rejection are corrected; or
    (C) One of the following wastes listed in Sec. 261.32, provided that 
the wastes are discharged to the refinery oil recovery sewer before 
primary oil/water/solids separation--heat exchanger bundle cleaning 
sludge from the petroleum refining industry (EPA Hazardous Waste No. 
K050), crude oil storage tank sediment from petroleum refining 
operations (EPA Hazardous Waste No. K169), clarified slurry oil tank 
sediment and/or in-line filter/separation solids from petroleum refining 
operations (EPA Hazardous Waste No. K170), spent hydrotreating catalyst 
(EPA Hazardous Waste No. K171), and spent hydrorefining catalyst (EPA 
Hazardous Waste No. K172); or
    (D) A discarded hazardous waste, commercial chemical product, or 
chemical intermediate listed in Secs. 261.31 through 261.33, arising 
from de minimis losses of these materials. For purposes of this 
paragraph (a)(2)(iv)(D), de minimis losses are inadvertent releases to a 
wastewater treatment system, including those from normal material 
handling operations (e.g., spills from the unloading or transfer of 
materials from bins or other containers, leaks from pipes, valves or 
other devices used to transfer materials); minor leaks of process 
equipment, storage tanks or containers; leaks from well maintained pump 
packings and seals; sample purgings; relief device discharges; 
discharges from safety showers and rinsing and cleaning of personal 
safety equipment; and rinsate from empty containers or from containers 
that are rendered empty by that rinsing. Any manufacturing facility that 
claims an exemption for de minimis quantities of wastes listed in 
Secs. 261.31 through 261.32, or any nonmanufacturing facility that 
claims an exemption for de minimis quantities of wastes listed in 
subpart D of this part must either have eliminated the discharge of 
wastewaters or have included in its Clean Water Act permit application 
or submission to its pretreatment control authority the constituents for 
which each waste was listed (in 40 CFR 261 appendix VII) of this part; 
and the constituents in the table ``Treatment Standards for Hazardous 
Wastes'' in 40 CFR 268.40 for which each waste has a treatment standard 
(i.e., Land Disposal Restriction constituents). A facility is eligible 
to claim the exemption once the permit writer or control authority has 
been notified of possible de minimis releases via the Clean Water Act 
permit application or the pretreatment control authority submission. A 
copy of the Clean Water permit application or the submission to the 
pretreatment control authority must be placed in the facility's on-site 
files; or

[[Page 40]]

    (E) Wastewater resulting from laboratory operations containing toxic 
(T) wastes listed in subpart D of this part, Provided, That the 
annualized average flow of laboratory wastewater does not exceed one 
percent of total wastewater flow into the headworks of the facility's 
wastewater treatment or pre-treatment system or provided the wastes, 
combined annualized average concentration does not exceed one part per 
million in the headworks of the facility's wastewater treatment or pre-
treatment facility. Toxic (T) wastes used in laboratories that are 
demonstrated not to be discharged to wastewater are not to be included 
in this calculation; or
    (F) One or more of the following wastes listed in Sec. 261.32--
wastewaters from the production of carbamates and carbamoyl oximes (EPA 
Hazardous Waste No. K157)--Provided that the maximum weekly usage of 
formaldehyde, methyl chloride, methylene chloride, and triethylamine 
(including all amounts that cannot be demonstrated to be reacted in the 
process, destroyed through treatment, or is recovered, i.e., what is 
discharged or volatilized) divided by the average weekly flow of process 
wastewater prior to any dilution into the headworks of the facility's 
wastewater treatment system does not exceed a total of 5 parts per 
million by weight OR the total measured concentration of these chemicals 
entering the headworks of the facility's wastewater treatment system (at 
facilities subject to regulation under the Clean Air Act as amended, at 
40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable 
limit in a federal operating permit that minimizes fugitive emissions), 
does not exceed 5 parts per million on an average weekly basis. 
Facilities that choose to measure concentration levels must file copy of 
their sampling and analysis plan with the Regional Administrator, or 
State Director, as the context requires, or an authorized representative 
(``Director'' as defined in 40 CFR 270.2). A facility must file a copy 
of a revised sampling and analysis plan only if the initial plan is 
rendered inaccurate by changes in the facility's operations. The 
sampling and analysis plan must include the monitoring point location 
(headworks), the sampling frequency and methodology, and a list of 
constituents to be monitored. A facility is eligible for the direct 
monitoring option once they receive confirmation that the sampling and 
analysis plan has been received by the Director. The Director may reject 
the sampling and analysis plan if he/she finds that, the sampling and 
analysis plan fails to include the above information; or the plan 
parameters would not enable the facility to calculate the weekly average 
concentration of these chemicals accurately. If the Director rejects the 
sampling and analysis plan or if the Director finds that the facility is 
not following the sampling and analysis plan, the Director shall notify 
the facility to cease the use of the direct monitoring option until such 
time as the bases for rejection are corrected; or
    (G) Wastewaters derived-from the treatment of one or more of the 
following wastes listed in Sec. 261.32--organic waste (including heavy 
ends, still bottoms, light ends, spent solvents, filtrates, and 
decantates) from the production of carbamates and carbamoyl oximes (EPA 
Hazardous Waste No. K156).--Provided, that the maximum concentration of 
formaldehyde, methyl chloride, methylene chloride, and triethylamine 
prior to any dilutions into the headworks of the facility's wastewater 
treatment system does not exceed a total of 5 milligrams per liter OR 
the total measured concentration of these chemicals entering the 
headworks of the facility's wastewater treatment system (at facilities 
subject to regulation under the Clean Air Act as amended, at 40 CFR 
parts 60, 61, or 63, or at facilities subject to an enforceable limit in 
a federal operating permit that minimizes fugitive emissions), does not 
exceed 5 milligrams per liter on an average weekly basis. Facilities 
that choose to measure concentration levels must file copy of their 
sampling and analysis plan with the Regional Administrator, or State 
Director, as the context requires, or an authorized representative 
(``Director'' as defined in 40 CFR 270.2). A facility must file a copy 
of a revised sampling and analysis plan only if the initial plan is 
rendered inaccurate by changes

[[Page 41]]

in the facility's operations. The sampling and analysis plan must 
include the monitoring point location (headworks), the sampling 
frequency and methodology, and a list of constituents to be monitored. A 
facility is eligible for the direct monitoring option once they receive 
confirmation that the sampling and analysis plan has been received by 
the Director. The Director may reject the sampling and analysis plan if 
he/she finds that, the sampling and analysis plan fails to include the 
above information; or the plan parameters would not enable the facility 
to calculate the weekly average concentration of these chemicals 
accurately. If the Director rejects the sampling and analysis plan or if 
the Director finds that the facility is not following the sampling and 
analysis plan, the Director shall notify the facility to cease the use 
of the direct monitoring option until such time as the bases for 
rejection are corrected.
    (v) Rebuttable presumption for used oil. Used oil containing more 
than 1000 ppm total halogens is presumed to be a hazardous waste because 
it has been mixed with halogenated hazardous waste listed in subpart D 
of part 261 of this chapter. Persons may rebut this presumption by 
demonstrating that the used oil does not contain hazardous waste (for 
example, to show that the used oil does not contain significant 
concentrations of halogenated hazardous constituents listed in appendix 
VIII of part 261 of this chapter).
    (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 hazardous waste, including any sludge, spill 
residue, ash emission control dust, or leachate (but not including 
precipitation run-off) is a hazardous waste. (However, materials that 
are reclaimed from solid wastes and that are used beneficially are not 
solid wastes and hence are not hazardous wastes under this provision 
unless the reclaimed material is burned for energy recovery or used in a 
manner constituting disposal.)
    (ii) The following solid wastes are not hazardous even though they 
are generated from the treatment, storage, or disposal of a hazardous 
waste, unless they exhibit one or more of the characteristics of 
hazardous waste:
    (A) Waste pickle liquor sludge generated by lime stabilization of 
spent pickle liquor from the iron and steel industry (SIC Codes 331 and 
332).
    (B) Waste from burning any of the materials exempted from regulation 
by Sec. 261.6(a)(3)(iii) and (iv).
    (C)(1) Nonwastewater residues, such as slag, resulting from high 
temperature metals recovery (HTMR) processing of K061, K062 or F006 
waste, in units identified as rotary kilns, flame reactors, electric 
furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/
electric furnace combinations

[[Page 42]]

or industrial furnaces (as defined in paragraphs (6), (7), and (13) of 
the definition for ``Industrial furnace'' in 40 CFR 260.10), that are 
disposed in subtitle D units, provided that these residues meet the 
generic exclusion levels identified in the tables in this paragraph for 
all constituents, and exhibit no characteristics of hazardous waste. 
Testing requirements must be incorporated in a facility's waste analysis 
plan or a generator's self-implementing waste analysis plan; at a 
minimum, composite samples of residues must be collected and analyzed 
quarterly and/or when the process or operation generating the waste 
changes. Persons claiming this exclusion in an enforcement action will 
have the burden of proving by clear and convincing evidence that the 
material meets all of the exclusion requirements.

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

    (2) A one-time notification and certification must be placed in the 
facility's files and sent to the EPA region or authorized state for 
K061, K062 or F006 HTMR residues that meet the generic exclusion levels 
for all constituents and do not exhibit any characteristics that are 
sent to subtitle D units. The notification and certification that is 
placed in the generators or treaters files must be updated if the 
process or operation generating the waste changes and/or if the subtitle 
D unit receiving the waste changes. However, the generator or treater 
need only notify the EPA region or an authorized state on an annual 
basis if such changes occur. Such notification and certification should 
be sent to the EPA region or authorized state by the end of the calendar 
year, but no later than December 31. The notification must include the 
following information: The name and address of the subtitle D unit 
receiving the waste shipments; the EPA Hazardous Waste Number(s) and 
treatability group(s) at the initial point of generation; and, the 
treatment standards applicable to the waste at the initial point of 
generation. The certification must be signed by an authorized 
representative and must state as follows: ``I certify under penalty of 
law that the generic exclusion levels for all constituents have been met 
without impermissible dilution and that no characteristic of hazardous 
waste is exhibited. I am aware that there are significant penalties for 
submitting a false certification, including the possibility of fine and 
imprisonment.''
    (D) Biological treatment sludge from the treatment of one of the 
following wastes listed in Sec. 261.32--organic waste (including heavy 
ends, still bottoms, light ends, spent solvents, filtrates, and 
decantates) from the production of carbamates and carbamoyl oximes (EPA 
Hazardous Waste No. K156), and wastewaters from the production of 
carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157).
    (E) Catalyst inert support media separated from one of the following 
wastes listed in Sec. 261.32--Spent hydrotreating catalyst (EPA 
Hazardous Waste No. K171), and Spent hydrorefining catalyst (EPA 
Hazardous Waste No. K172).
    (d) Any solid waste described in paragraph (c) of this section is 
not a hazardous waste if it meets the following criteria:
    (1) In the case of any solid waste, it does not exhibit any of the 
characteristics of hazardous waste identified in

[[Page 43]]

subpart C of this part. (However, wastes that exhibit a characteristic 
at the point of generation may still be subject to the requirements of 
part 268, even if they no longer exhibit a characteristic at the point 
of land disposal.)
    (2) In the case of a waste which is a listed waste under subpart D 
of this part, contains a waste listed under subpart D of this part or is 
derived from a waste listed in subpart D of this part, it also has been 
excluded from paragraph (c) of this section under Secs. 260.20 and 
260.22 of this chapter.
    (e) [Reserved]
    (f) Notwithstanding paragraphs (a) through (d) of this section and 
provided the debris as defined in part 268 of this chapter does not 
exhibit a characteristic identified at subpart C of this part, the 
following materials are not subject to regulation under 40 CFR parts 
260, 261 to 266, 268, or 270:
    (1) Hazardous debris as defined in part 268 of this chapter that has 
been treated using one of the required extraction or destruction 
technologies specified in Table 1 of Sec. 268.45 of this chapter; 
persons claiming this exclusion in an enforcement action will have the 
burden of proving by clear and convincing evidence that the material 
meets all of the exclusion requirements; or
    (2) Debris as defined in part 268 of this chapter that the Regional 
Administrator, considering the extent of contamination, has determined 
is no longer contaminated with hazardous waste.
    (g)(1) A hazardous waste that is listed in subpart D of this part 
solely because it exhibits one or more characteristics of ignitability 
as defined under Sec. 261.21, corrosivity as defined under Sec. 261.22, 
or reactivity as defined under Sec. 261.23 is not a hazardous waste, if 
the waste no longer exhibits any characteristic of hazardous waste 
identified in subpart C of this part.
    (2) The exclusion described in paragraph (g)(1) of this section also 
pertains to:
    (i) Any mixture of a solid waste and a hazardous waste listed in 
subpart D of this part solely because it exhibits the characteristics of 
ignitability, corrosivity, or reactivity as regulated under paragraph 
(a)(2)(iv) of this section; and
    (ii) Any solid waste generated from treating, storing, or disposing 
of a hazardous waste listed in subpart D of this part solely because it 
exhibits the characteristics of ignitability, corrosivity, or reactivity 
as regulated under paragraph (c)(2)(i) of this section.
    (3) Wastes excluded under this section are subject to part 268 of 
this chapter (as applicable), even if they no longer exhibit a 
characteristic at the point of land disposal.
    (4) Any mixture of a solid waste excluded from regulation under 
Sec. 261.4(b)(7) and a hazardous waste listed in subpart D of this part 
solely because it exhibits one or more of the characteristics of 
ignitability, corrosivity, or reactivity as regulated under paragraph 
(a)(2)(iv) of this section is not a hazardous waste, if the mixture no 
longer exhibits any characteristic of hazardous waste identified in 
subpart C of this part for which the hazardous waste listed in subpart D 
of this part was listed.
    (h)(1) Hazardous waste containing radioactive waste is no longer a 
hazardous waste when it meets the eligibility criteria and conditions of 
40 CFR part 266, Subpart N (``eligible radioactive mixed waste'').
    (2) The exemption described in paragraph (h)(1) of this section also 
pertains to:
    (i) Any mixture of a solid waste and an eligible radioactive mixed 
waste; and
    (ii) Any solid waste generated from treating, storing, or disposing 
of an eligible radioactive mixed waste.
    (3) Waste exempted under this section must meet the eligibility 
criteria and specified conditions in 40 CFR 266.225 and 40 CFR 266.230 
(for storage and treatment) and in 40 CFR 266.310 and 40 CFR 266.315 
(for transportation

[[Page 44]]

and disposal). Waste that fails to satisfy these eligibility criteria 
and conditions is regulated as hazardous waste.

[57 FR 7632, Mar. 3, 1992; 57 FR 23063, June 1, 1992, as amended at 57 
FR 37263, Aug. 18, 1992; 57 FR 41611, Sept. 10, 1992; 57 FR 49279, Oct. 
30, 1992; 59 FR 38545, July 28, 1994; 60 FR 7848, Feb. 9, 1995; 63 FR 
28637, May 26, 1998; 63 FR 42184, Aug. 6, 1998; 66 FR 27297, May 16, 
2001; 66 FR 50333, Oct. 3, 2001; 70 FR 34561, June 14, 2005; 70 FR 
57784, Oct. 4, 2005; 71 FR 40258, July 14, 2006]



Sec. 261.4  Exclusions.

    (a) Materials which are not solid wastes. The following materials 
are not solid wastes for the purpose of this part:
    (1)(i) Domestic sewage; and
    (ii) Any mixture of domestic sewage and other wastes that passes 
through a sewer system to a publicly-owned treatment works for 
treatment. ``Domestic sewage'' means untreated sanitary wastes that pass 
through a sewer system.
    (2) Industrial wastewater discharges that are point source 
discharges subject to regulation under section 402 of the Clean Water 
Act, as amended.

[Comment: This exclusion applies only to the actual point source 
discharge. It does not exclude industrial wastewaters while they are 
being collected, stored or treated before discharge, nor does it exclude 
sludges that are generated by industrial wastewater treatment.]

    (3) Irrigation return flows.
    (4) Source, special nuclear or by-product material as defined by the 
Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.
    (5) Materials subjected to in-situ mining techniques which are not 
removed from the ground as part of the extraction process.
    (6) Pulping liquors (i.e., black liquor) that are reclaimed in a 
pulping liquor recovery furnace and then reused in the pulping process, 
unless it is accumulated speculatively as defined in Sec. 261.1(c) of 
this chapter.
    (7) Spent sulfuric acid used to produce virgin sulfuric acid 
provided it is not accumulated speculatively as defined in Sec. 261.1(c) 
of this chapter.
    (8) Secondary materials that are reclaimed and returned to the 
original process or processes in which they were generated where they 
are reused in the production process provided:
    (i) Only tank storage is involved, and the entire process through 
completion of reclamation is closed by being entirely connected with 
pipes or other comparable enclosed means of conveyance;
    (ii) Reclamation does not involve controlled flame combustion (such 
as occurs in boilers, industrial furnaces, or incinerators);
    (iii) The secondary materials are never accumulated in such tanks 
for over twelve months without being reclaimed; and
    (iv) The reclaimed material is not used to produce a fuel, or used 
to produce products that are used in a manner constituting disposal.
    (9)(i) Spent wood preserving solutions that have been reclaimed and 
are reused for their original intended purpose; and
    (ii) Wastewaters from the wood preserving process that have been 
reclaimed and are reused to treat wood.
    (iii) Prior to reuse, the wood preserving wastewaters and spent wood 
preserving solutions described in paragraphs (a)(9)(i) and (a)(9)(ii) of 
this section, so long as they meet all of the following conditions:
    (A) The wood preserving wastewaters and spent wood preserving 
solutions are reused on-site at water borne plants in the production 
process for their original intended purpose;
    (B) Prior to reuse, the wastewaters and spent wood preserving 
solutions are managed to prevent release to either land or groundwater 
or both;
    (C) Any unit used to manage wastewaters and/or spent wood preserving 
solutions prior to reuse can be visually or otherwise determined to 
prevent such releases;
    (D) Any drip pad used to manage the wastewaters and/or spent wood 
preserving solutions prior to reuse complies with the standards in part 
265, subpart W of this chapter, regardless of whether the plant 
generates a total of less than 100 kg/month of hazardous waste; and
    (E) Prior to operating pursuant to this exclusion, the plant owner 
or operator prepares a one-time notification stating that the plant 
intends to claim

[[Page 45]]

the exclusion, giving the date on which the plant intends to begin 
operating under the exclusion, and containing the following language: 
``I have read the applicable regulation establishing an exclusion for 
wood preserving wastewaters and spent wood preserving solutions and 
understand it requires me to comply at all times with the conditions set 
out in the regulation.'' The plant must maintain a copy of that document 
in its on-site records until closure of the facility. The exclusion 
applies so long as the plant meets all of the conditions. If the plant 
goes out of compliance with any condition, it may apply to the 
appropriate Regional Administrator or state Director for reinstatement. 
The Regional Administrator or state Director may reinstate the exclusion 
upon finding that the plant has returned to compliance with all 
conditions and that the violations are not likely to recur.
    (10) EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, 
K145, K147, and K148, and any wastes from the coke by-products processes 
that are hazardous only because they exhibit the Toxicity Characteristic 
(TC) specified in section 261.24 of this part when, subsequent to 
generation, these materials are recycled to coke ovens, to the tar 
recovery process as a feedstock to produce coal tar, or mixed with coal 
tar prior to the tar's sale or refining. This exclusion is conditioned 
on there being no land disposal of the wastes from the point they are 
generated to the point they are recycled to coke ovens or tar recovery 
or refining processes, or mixed with coal tar.
    (11) Nonwastewater splash condenser dross residue from the treatment 
of K061 in high temperature metals recovery units, provided it is 
shipped in drums (if shipped) and not land disposed before recovery.
    (12)(i) Oil-bearing hazardous secondary materials (i.e., sludges, 
byproducts, or spent materials) that are generated at a petroleum 
refinery (SIC code 2911) and are inserted into the petroleum refining 
process (SIC code 2911--including, but not limited to, distillation, 
catalytic cracking, fractionation, or thermal cracking units (i.e., 
cokers)) unless the material is placed on the land, or speculatively 
accumulated before being so recycled. Materials inserted into thermal 
cracking units are excluded under this paragraph, provided that the coke 
product also does not exhibit a characteristic of hazardous waste. Oil-
bearing hazardous secondary materials may be inserted into the same 
petroleum refinery where they are generated, or sent directly to another 
petroleum refinery and still be excluded under this provision. Except as 
provided in paragraph (a)(12)(ii) of this section, oil-bearing hazardous 
secondary materials generated elsewhere in the petroleum industry (i.e., 
from sources other than petroleum refineries) are not excluded under 
this section. Residuals generated from processing or recycling materials 
excluded under this paragraph (a)(12)(i), where such materials as 
generated would have otherwise met a listing under subpart D of this 
part, are designated as F037 listed wastes when disposed of or intended 
for disposal.
    (ii) Recovered oil that is recycled in the same manner and with the 
same conditions as described in paragraph (a)(12)(i) of this section. 
Recovered oil is oil that has been reclaimed from secondary materials 
(including wastewater) generated from normal petroleum industry 
practices, including refining, exploration and production, bulk storage, 
and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 
1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172.) Recovered oil 
does not include oil-bearing hazardous wastes listed in subpart D of 
this part; however, oil recovered from such wastes may be considered 
recovered oil. Recovered oil does not include used oil as defined in 40 
CFR 279.1.
    (13) Excluded scrap metal (processed scrap metal, unprocessed home 
scrap metal, and unprocessed prompt scrap metal) being recycled.
    (14) Shredded circuit boards being recycled provided that they are:
    (i) Stored in containers sufficient to prevent a release to the 
environment prior to recovery; and
    (ii) Free of mercury switches, mercury relays and nickel-cadmium 
batteries and lithium batteries.
    (15) Condensates derived from the overhead gases from kraft mill 
steam strippers that are used to comply with

[[Page 46]]

40 CFR 63.446(e). The exemption applies only to combustion at the mill 
generating the condensates.
    (16) [Reserved]
    (17) Spent materials (as defined in Sec. 261.1) (other than 
hazardous wastes listed in subpart D of this part) generated within the 
primary mineral processing industry from which minerals, acids, cyanide, 
water, or other values are recovered by mineral processing or by 
beneficiation, provided that:
    (i) The spent material is legitimately recycled to recover minerals, 
acids, cyanide, water or other values;
    (ii) The spent material is not accumulated speculatively;
    (iii) Except as provided in paragraph (a)(17)(iv) of this section, 
the spent material is stored in tanks, containers, or buildings meeting 
the following minimum integrity standards: a building must be an 
engineered structure with a floor, walls, and a roof all of which are 
made of non-earthen materials providing structural support (except 
smelter buildings may have partially earthen floors provided the 
secondary material is stored on the non-earthen portion), and have a 
roof suitable for diverting rainwater away from the foundation; a tank 
must be free standing, not be a surface impoundment (as defined in 40 
CFR 260.10), and be manufactured of a material suitable for containment 
of its contents; a container must be free standing and be manufactured 
of a material suitable for containment of its contents. If tanks or 
containers contain any particulate which may be subject to wind 
dispersal, the owner/operator must operate these units in a manner which 
controls fugitive dust. Tanks, containers, and buildings must be 
designed, constructed and operated to prevent significant releases to 
the environment of these materials.
    (iv) The Regional Administrator or State Director may make a site-
specific determination, after public review and comment, that only solid 
mineral processing spent material may be placed on pads rather than 
tanks containers, or buildings. Solid mineral processing spent materials 
do not contain any free liquid. The decision-maker must affirm that pads 
are designed, constructed and operated to prevent significant releases 
of the secondary material into the environment. Pads must provide the 
same degree of containment afforded by the non-RCRA tanks, containers 
and buildings eligible for exclusion.
    (A) The decision-maker must also consider if storage on pads poses 
the potential for significant releases via groundwater, surface water, 
and air exposure pathways. Factors to be considered for assessing the 
groundwater, surface water, air exposure pathways are: The volume and 
physical and chemical properties of the secondary material, including 
its potential for migration off the pad; the potential for human or 
environmental exposure to hazardous constituents migrating from the pad 
via each exposure pathway, and the possibility and extent of harm to 
human and environmental receptors via each exposure pathway.
    (B) Pads must meet the following minimum standards: Be designed of 
non-earthen material that is compatible with the chemical nature of the 
mineral processing spent material, capable of withstanding physical 
stresses associated with placement and removal, have run on/runoff 
controls, be operated in a manner which controls fugitive dust, and have 
integrity assurance through inspections and maintenance programs.
    (C) Before making a determination under this paragraph, the Regional 
Administrator or State Director must provide notice and the opportunity 
for comment to all persons potentially interested in the determination. 
This can be accomplished by placing notice of this action in major local 
newspapers, or broadcasting notice over local radio stations.
    (v) The owner or operator provides notice to the Regional 
Administrator or State Director providing the following information: The 
types of materials to be recycled; the type and location of the storage 
units and recycling processes; and the annual quantities expected to be 
placed in land-based units. This notification must be updated when there 
is a change in the type of materials recycled or the location of the 
recycling process.

[[Page 47]]

    (vi) For purposes of paragraph (b)(7) of this section, mineral 
processing spent materials must be the result of mineral processing and 
may not include any listed hazardous wastes. Listed hazardous wastes and 
characteristic hazardous wastes generated by non-mineral processing 
industries are not eligible for the conditional exclusion from the 
definition of solid waste.
    (18) Petrochemical recovered oil from an associated organic chemical 
manufacturing facility, where the oil is to be inserted into the 
petroleum refining process (SIC code 2911) along with normal petroleum 
refinery process streams, provided:
    (i) The oil is hazardous only because it exhibits the characteristic 
of ignitability (as defined in Sec. 261.21) and/or toxicity for benzene 
(Sec. 261.24, waste code D018); and
    (ii) The oil generated by the organic chemical manufacturing 
facility is not placed on the land, or speculatively accumulated before 
being recycled into the petroleum refining process. An ``associated 
organic chemical manufacturing facility'' is a facility where the 
primary SIC code is 2869, but where operations may also include SIC 
codes 2821, 2822, and 2865; and is physically co-located with a 
petroleum refinery; and where the petroleum refinery to which the oil 
being recycled is returned also provides hydrocarbon feedstocks to the 
organic chemical manufacturing facility. ``Petrochemical recovered oil'' 
is oil that has been reclaimed from secondary materials (i.e., sludges, 
byproducts, or spent materials, including wastewater) from normal 
organic chemical manufacturing operations, as well as oil recovered from 
organic chemical manufacturing processes.
    (19) Spent caustic solutions from petroleum refining liquid treating 
processes used as a feedstock to produce cresylic or naphthenic acid 
unless the material is placed on the land, or accumulated speculatively 
as defined in Sec. 261.1(c).
    (20) Hazardous secondary materials used to make zinc fertilizers, 
provided that the following conditions specified are satisfied:
    (i) Hazardous secondary materials used to make zinc micronutrient 
fertilizers must not be accumulated speculatively, as defined in 
Sec. 261.1 (c)(8).
    (ii) Generators and intermediate handlers of zinc-bearing hazardous 
secondary materials that are to be incorporated into zinc fertilizers 
must:
    (A) Submit a one-time notice to the Regional Administrator or State 
Director in whose jurisdiction the exclusion is being claimed, which 
contains the name, address and EPA ID number of the generator or 
intermediate handler facility, provides a brief description of the 
secondary material that will be subject to the exclusion, and identifies 
when the manufacturer intends to begin managing excluded, zinc-bearing 
hazardous secondary materials under the conditions specified in this 
paragraph (a)(20).
    (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

[[Page 48]]

shipments of excluded hazardous secondary materials. For each shipment 
these records must at a minimum contain the following information:
    (1) Name of the transporter and date of the shipment;
    (2) Name and address of the facility that received the excluded 
material, and documentation confirming receipt of the shipment; and
    (3) Type and quantity of excluded secondary material in each 
shipment.
    (iii) Manufacturers of zinc fertilizers or zinc fertilizer 
ingredients made from excluded hazardous secondary materials must:
    (A) Store excluded hazardous secondary materials in accordance with 
the storage requirements for generators and intermediate handlers, as 
specified in paragraph (a)(20)(ii)(B) of this section.
    (B) Submit a one-time notification to the Regional Administrator or 
State Director that, at a minimum, specifies the name, address and EPA 
ID number of the manufacturing facility, and identifies when the 
manufacturer intends to begin managing excluded, zinc-bearing hazardous 
secondary materials under the conditions specified in this paragraph 
(a)(20).
    (C) Maintain for a minimum of three years records of all shipments 
of excluded hazardous secondary materials received by the manufacturer, 
which must at a minimum identify for each shipment the name and address 
of the generating facility, name of transporter and date the materials 
were received, the quantity received, and a brief description of the 
industrial process that generated the material.
    (D) Submit to the Regional Administrator or State Director an annual 
report that identifies the total quantities of all excluded hazardous 
secondary materials that were used to manufacture zinc fertilizers or 
zinc fertilizer ingredients in the previous year, the name and address 
of each generating facility, and the industrial process(s) from which 
they were generated.
    (iv) Nothing in this section preempts, overrides or otherwise 
negates the provision in Sec. 262.11 of this chapter, which requires any 
person who generates a solid waste to determine if that waste is a 
hazardous waste.
    (v) Interim status and permitted storage units that have been used 
to store only zinc-bearing hazardous wastes prior to the submission of 
the one-time notice described in paragraph (a)(20)(ii)(A) of this 
section, and that afterward will be used only to store hazardous 
secondary materials excluded under this paragraph, are not subject to 
the closure requirements of 40 CFR Parts 264 and 265.
    (21) Zinc fertilizers made from hazardous wastes, or hazardous 
secondary materials that are excluded under paragraph (a)(20) of this 
section, provided that:
    (i) The fertilizers meet the following contaminant limits:
    (A) For metal contaminants:

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

    (B) For dioxin contaminants the fertilizer must contain no more than 
eight (8) parts per trillion of dioxin, measured as toxic equivalent 
(TEQ).
    (ii) The manufacturer performs sampling and analysis of the 
fertilizer product to determine compliance with the contaminant limits 
for metals no less than every six months, and for dioxins no less than 
every twelve months. Testing must also be performed whenever changes 
occur to manufacturing processes or ingredients that could significantly 
affect the amounts of contaminants in the fertilizer product. The 
manufacturer may use any reliable analytical method to demonstrate that 
no constituent of concern is present in the product at concentrations 
above the applicable limits. It is the responsibility of the 
manufacturer to ensure that the sampling and analysis are unbiased, 
precise, and representative of the product(s) introduced into commerce.
    (iii) The manufacturer maintains for no less than three years 
records of all sampling and analyses performed for

[[Page 49]]

purposes of determining compliance with the requirements of paragraph 
(a)(21)(ii) of this section. Such records must at a minimum include:
    (A) The dates and times product samples were taken, and the dates 
the samples were analyzed;
    (B) The names and qualifications of the person(s) taking the 
samples;
    (C) A description of the methods and equipment used to take the 
samples;
    (D) The name and address of the laboratory facility at which 
analyses of the samples were performed;
    (E) A description of the analytical methods used, including any 
cleanup and sample preparation methods; and
    (F) All laboratory analytical results used to determine compliance 
with the contaminant limits specified in this paragraph (a)(21).
    (22) Used cathode ray tubes (CRTs)
    (i) Used, intact CRTs as defined in Sec. 260.10 of this chapter are 
not solid wastes within the United States unless they are disposed, or 
unless they are speculatively accumulated as defined in Sec. 261.1(c)(8) 
by CRT collectors or glass processors.
    (ii) Used, intact CRTs as defined in Sec. 260.10 of this chapter are 
not solid wastes when exported for recycling provided that they meet the 
requirements of Sec. 261.40.
    (iii) Used, broken CRTs as defined in Sec. 260.10 of this chapter 
are not solid wastes provided that they meet the requirements of 
Sec. 261.39.
    (iv) Glass removed from CRTs is not a solid waste provided that it 
meets the requirements of Sec. 261.39(c).
    (23) Hazardous secondary material generated and legitimately 
reclaimed within the United States or its territories and under the 
control of the generator, provided that the material complies with 
paragraphs (a)(23)(i) and (ii) of this section:
    (i)(A) The hazardous secondary material is generated and reclaimed 
at the generating facility (for purposes of this definition, generating 
facility means all contiguous property owned, leased, or otherwise 
controlled by the hazardous secondary material generator); or
    (B) The hazardous secondary material is generated and reclaimed at 
different facilities, if the reclaiming facility is controlled by the 
generator or if both the generating facility and the reclaiming facility 
are controlled by a person as defined in Sec. 260.10 of this chapter, 
and if the generator provides one of the following certifications: ``on 
behalf of [insert generator facility name], I certify that this facility 
will send the indicated hazardous secondary material to [insert 
reclaimer facility name], which is controlled by [insert generator 
facility name] and that [insert name of either facility] has 
acknowledged full responsibility for the safe management of the 
hazardous secondary material,'' or ``on behalf of [insert generator 
facility name], I certify that this facility will send the indicated 
hazardous secondary material to [insert reclaimer facility name], that 
both facilities are under common control, and that [insert name of 
either facility] has acknowledged full responsibility for the safe 
management of the hazardous secondary material.'' For purposes of this 
paragraph, ``control'' means the power to direct the policies of the 
facility, whether by the ownership of stock, voting rights, or 
otherwise, except that contractors who operate facilities on behalf of a 
different person as defined in Sec. 260.10 shall not be deemed to 
``control'' such facilities. The generating and receiving facilities 
must both maintain at their facilities for no less than three years 
records of hazardous secondary materials sent or received under this 
exclusion. In both cases, the records must contain the name of the 
transporter, the date of the shipment, and the type and quantity of the 
hazardous secondary material shipped or received under the exclusion. 
These requirements may be satisfied by routine business records (e.g., 
financial records, bills of lading, copies of DOT shipping papers, or 
electronic confirmations); or
    (C) The hazardous secondary material is generated pursuant to a 
written contract between a tolling contractor and a toll manufacturer 
and is reclaimed by the tolling contractor, if the tolling contractor 
certifies the following: ``On behalf of [insert tolling contractor 
name], I certify that [insert tolling contractor name] has a written 
contract with [insert toll manufacturer name] to manufacture [insert 
name of

[[Page 50]]

product or intermediate] which is made from specified unused materials, 
and that [insert tolling contractor name] will reclaim the hazardous 
secondary materials generated during this manufacture. On behalf of 
[insert tolling contractor name], I also certify that [insert tolling 
contractor name] retains ownership of, and responsibility for, the 
hazardous secondary materials that are generated during the course of 
the manufacture, including any releases of hazardous secondary materials 
that occur during the manufacturing process''. The tolling contractor 
must maintain at its facility for no less than three years records of 
hazardous secondary materials received pursuant to its written contract 
with the tolling manufacturer, and the tolling manufacturer must 
maintain at its facility for no less than three years records of 
hazardous secondary materials shipped pursuant to its written contract 
with the tolling contractor. In both cases, the records must contain the 
name of the transporter, the date of the shipment, and the type and 
quantity of the hazardous secondary material shipped or received 
pursuant to the written contract. These requirements may be satisfied by 
routine business records (e.g., financial records, bills of lading, 
copies of DOT shipping papers, or electronic confirmations). For 
purposes of this paragraph, tolling contractor means a person who 
arranges for the production of a product or intermediate made from 
specified unused materials through a written contract with a toll 
manufacturer. Toll manufacturer means a person who produces a product or 
intermediate made from specified unused materials pursuant to a written 
contract with a tolling contractor.
    (ii)(A) The hazardous secondary material is contained as defined in 
Sec. 260.10 of this chapter. A hazardous secondary material released to 
the environment is discarded and a solid waste unless it is immediately 
recovered for the purpose of reclamation. Hazardous secondary material 
managed in a unit with leaks or other continuing or intermittent 
unpermitted releases is discarded and a solid waste.
    (B) The hazardous secondary material is not speculatively 
accumulated, as defined in Sec. 261.1(c)(8).
    (C) Notice is provided as required by Sec. 260.42 of this chapter.
    (D) The material is not otherwise subject to material-specific 
management conditions under paragraph (a) of this section when 
reclaimed, and it is not a spent lead-acid battery (see Sec. 266.80 and 
Sec. 273.2 of this chapter).
    (E) Persons performing the recycling of hazardous secondary 
materials under this exclusion must maintain documentation of their 
legitimacy determination on-site. Documentation must be a written 
description of how the recycling meets all four factors in 
Sec. 260.43(a). Documentation must be maintained for three years after 
the recycling operation has ceased.
    (F) The emergency preparedness and response requirements found in 
subpart M of this part are met.
    (24) Hazardous secondary material that is generated and then 
transferred to a verified reclamation facility for the purpose of 
reclamation is not a solid waste, provided that:
    (i) The material is not speculatively accumulated, as defined in 
Sec. 261.1(c)(8);
    (ii) The material is not handled by any person or facility other 
than the hazardous secondary material generator, the transporter, an 
intermediate facility or a reclaimer, and, while in transport, is not 
stored for more than 10 days at a transfer facility, as defined in 
Sec. 260.10 of this chapter, and is packaged according to applicable 
Department of Transportation regulations at 49 CFR parts 173, 178, and 
179 while in transport;
    (iii) The material is not otherwise subject to material-specific 
management conditions under this paragraph (a) when reclaimed, and it is 
not a spent lead-acid battery (see Secs. 266.80 and 273.2 of this 
chapter);
    (iv) The reclamation of the material is legitimate, as specified 
under Sec. 260.43 of this chapter;
    (v) The hazardous secondary material generator satisfies all of the 
following conditions:
    (A) The material must be contained as defined in Sec. 260.10. A 
hazardous secondary material released to the environment is discarded 
and a solid waste

[[Page 51]]

unless it is immediately recovered for the purpose of recycling. 
Hazardous secondary material managed in a unit with leaks or other 
continuing releases is discarded and a solid waste.
    (B) The hazardous secondary material generator must arrange for 
transport of hazardous secondary materials to a verified reclamation 
facility (or facilities) in the United States. A verified reclamation 
facility is a facility that has been granted a variance under 
Sec. 260.31(d), or a reclamation facility where the management of the 
hazardous secondary materials is addressed under a RCRA Part B permit or 
interim status standards. If the hazardous secondary material will be 
passing through an intermediate facility, the intermediate facility must 
have been granted a variance under Sec. 260.31(d) or the management of 
the hazardous secondary materials at that facility must be addressed 
under a RCRA Part B permit or interim status standards, and the 
hazardous secondary material generator must make contractual 
arrangements with the intermediate facility to ensure that the hazardous 
secondary material is sent to the reclamation facility identified by the 
hazardous secondary material generator.
    (C) The hazardous secondary material generator must maintain at the 
generating facility for no less than three (3) years records of all off-
site shipments of hazardous secondary materials. For each shipment, 
these records must, at a minimum, contain the following information:
    (1) Name of the transporter and date of the shipment;
    (2) Name and address of each reclaimer and, if applicable, the name 
and address of each intermediate facility to which the hazardous 
secondary material was sent;
    (3) The type and quantity of hazardous secondary material in the 
shipment.
    (D) The hazardous secondary material generator must maintain at the 
generating facility for no less than three (3) years confirmations of 
receipt from each reclaimer and, if applicable, each intermediate 
facility for all off-site shipments of hazardous secondary materials. 
Confirmations of receipt must include the name and address of the 
reclaimer (or intermediate facility), the type and quantity of the 
hazardous secondary materials received and the date which the hazardous 
secondary materials were received. This requirement may be satisfied by 
routine business records (e.g., financial records, bills of lading, 
copies of DOT shipping papers, or electronic confirmations of receipt);
    (E) The hazardous secondary material generator must comply with the 
emergency preparedness and response conditions in subpart M of this 
part.
    (vi) Reclaimers of hazardous secondary material excluded from 
regulation under this exclusion and intermediate facilities as defined 
in Sec. 260.10 of this chapter satisfy all of the following conditions:
    (A) The reclaimer and intermediate facility must maintain at its 
facility for no less than three (3) years records of all shipments of 
hazardous secondary material that were received at the facility and, if 
applicable, for all shipments of hazardous secondary materials that were 
received and subsequently sent off-site from the facility for further 
reclamation. For each shipment, these records must at a minimum contain 
the following information:
    (1) Name of the transporter and date of the shipment;
    (2) Name and address of the hazardous secondary material generator 
and, if applicable, the name and address of the reclaimer or 
intermediate facility which the hazardous secondary materials were 
received from;
    (3) The type and quantity of hazardous secondary material in the 
shipment; and
    (4) For hazardous secondary materials that, after being received by 
the reclaimer or intermediate facility, were subsequently transferred 
off-site for further reclamation, the name and address of the 
(subsequent) reclaimer and, if applicable, the name and address of each 
intermediate facility to which the hazardous secondary material was 
sent.
    (B) The intermediate facility must send the hazardous secondary 
material to the reclaimer(s) designated by the

[[Page 52]]

hazardous secondary materials generator.
    (C) The reclaimer and intermediate facility must send to the 
hazardous secondary material generator confirmations of receipt for all 
off-site shipments of hazardous secondary materials. Confirmations of 
receipt must include the name and address of the reclaimer (or 
intermediate facility), the type and quantity of the hazardous secondary 
materials received and the date which the hazardous secondary materials 
were received. This requirement may be satisfied by routine business 
records (e.g., financial records, bills of lading, copies of DOT 
shipping papers, or electronic confirmations of receipt).
    (D) The reclaimer and intermediate facility must manage the 
hazardous secondary material in a manner that is at least as protective 
as that employed for analogous raw material and must be contained. An 
``analogous raw material'' is a raw material for which a hazardous 
secondary material is a substitute and serves the same function and has 
similar physical and chemical properties as the hazardous secondary 
material.
    (E) Any residuals that are generated from reclamation processes will 
be managed in a manner that is protective of human health and the 
environment. If any residuals exhibit a hazardous characteristic 
according to subpart C of 40 CFR part 261, or if they themselves are 
specifically listed in subpart D of 40 CFR part 261, such residuals are 
hazardous wastes and must be managed in accordance with the applicable 
requirements of 40 CFR parts 260 through 272.
    (F) The reclaimer and intermediate facility have financial assurance 
as required under subpart H of 40 CFR part 261,
    (G) The reclaimer and intermediate facility have been granted a 
variance under Sec. 260.31(d) or have a RCRA Part B permit or interim 
status standards that address the management of the hazardous secondary 
materials; and
    (vii) All persons claiming the exclusion under this paragraph 
(a)(24) of this section provide notification as required under 
Sec. 260.42 of this chapter.
    (25)[Reserved]
    (26) Solvent-contaminated wipes that are sent for cleaning and reuse 
are not solid wastes from the point of generation, provided that
    (i) The solvent-contaminated wipes, when accumulated, stored, and 
transported, are contained in non-leaking, closed containers that are 
labeled ``Excluded Solvent-Contaminated Wipes.'' The containers must be 
able to contain free liquids, should free liquids occur. During 
accumulation, a container is considered closed when there is complete 
contact between the fitted lid and the rim, except when it is necessary 
to add or remove solvent-contaminated wipes. When the container is full, 
or when the solvent-contaminated wipes are no longer being accumulated, 
or when the container is being transported, the container must be sealed 
with all lids properly and securely affixed to the container and all 
openings tightly bound or closed sufficiently to prevent leaks and 
emissions;
    (ii) The solvent-contaminated wipes may be accumulated by the 
generator for up to 180 days from the start date of accumulation for 
each container prior to being sent for cleaning;
    (iii) At the point of being sent for cleaning on-site or at the 
point of being transported off-site for cleaning, the solvent-
contaminated wipes must contain no free liquids as defined in 
Sec. 260.10 of this chapter.
    (iv) Free liquids removed from the solvent-contaminated wipes or 
from the container holding the wipes must be managed according to the 
applicable regulations found in 40 CFR parts 260 through 273;
    (v) Generators must maintain at their site the following 
documentation:
    (A) Name and address of the laundry or dry cleaner that is receiving 
the solvent-contaminated wipes;
    (B) Documentation that the 180-day accumulation time limit in 40 CFR 
261.4(a)(26)(ii) is being met;
    (C) Description of the process the generator is using to ensure the 
solvent-contaminated wipes contain no free liquids at the point of being 
laundered or dry cleaned on-site or at the point of being transported 
off-site for laundering or dry cleaning;
    (vi) The solvent-contaminated wipes are sent to a laundry or dry 
cleaner

[[Page 53]]

whose discharge, if any, is regulated under sections 301 and 402 or 
section 307 of the Clean Water Act.
    (27) Hazardous secondary material that is generated and then 
transferred to another person for the purpose of remanufacturing is not 
a solid waste, provided that:
    (i) The hazardous secondary material consists of one or more of the 
following spent solvents: Toluene, xylenes, ethylbenzene, 1,2,4-
trimethylbenzene, chlorobenzene, n-hexane, cyclohexane, methyl tert-
butyl ether, acetonitrile, chloroform, chloromethane, dichloromethane, 
methyl isobutyl ketone, NN-dimethylformamide, tetrahydrofuran, n-butyl 
alcohol, ethanol, and/or methanol;
    (ii) The hazardous secondary material originated from using one or 
more of the solvents listed in paragraph (a)(27)(i) of this section in a 
commercial grade for reacting, extracting, purifying, or blending 
chemicals (or for rinsing out the process lines associated with these 
functions) in the pharmaceutical manufacturing (NAICS 325412), basic 
organic chemical manufacturing (NAICS 325199), plastics and resins 
manufacturing (NAICS 325211), and/or the paints and coatings 
manufacturing sectors (NAICS 325510).
    (iii) The hazardous secondary material generator sends the hazardous 
secondary material spent solvents listed in paragraph (a)(27)(i) of this 
section to a remanufacturer in the pharmaceutical manufacturing (NAICS 
325412), basic organic chemical manufacturing (NAICS 325199), plastics 
and resins manufacturing (NAICS 325211), and/or the paints and coatings 
manufacturing sectors (NAICS 325510).
    (iv) After remanufacturing one or more of the solvents listed in 
paragraph (a)(27)(i) of this section, the use of the remanufactured 
solvent shall be limited to reacting, extracting, purifying, or blending 
chemicals (or for rinsing out the process lines associated with these 
functions) in the pharmaceutical manufacturing (NAICS 325412), basic 
organic chemical manufacturing (NAICS 325199), plastics and resins 
manufacturing (NAICS 325211), and the paints and coatings manufacturing 
sectors (NAICS 325510) or to using them as ingredients in a product. 
These allowed uses correspond to chemical functional uses enumerated 
under the Chemical Data Reporting Rule of the Toxic Substances Control 
Act (40 CFR parts 704, 710-711), including Industrial Function Codes 
U015 (solvents consumed in a reaction to produce other chemicals) and 
U030 (solvents become part of the mixture);
    (v) After remanufacturing one or more of the solvents listed in 
paragraph (a)(27)(i) of this section, the use of the remanufactured 
solvent does not involve cleaning or degreasing oil, grease, or similar 
material from textiles, glassware, metal surfaces, or other articles. 
(These disallowed continuing uses correspond to chemical functional uses 
in Industrial Function Code U029 under the Chemical Data Reporting Rule 
of the Toxics Substances Control Act.); and
    (vi) Both the hazardous secondary material generator and the 
remanufacturer must:
    (A) Notify EPA or the State Director, if the state is authorized for 
the program, and update the notification every two years per 40 CFR 
260.42;
    (B) Develop and maintain an up-to-date remanufacturing plan which 
identifies:
    (1) The name, address and EPA ID number of the generator(s) and the 
remanufacturer(s),
    (2) The types and estimated annual volumes of spent solvents to be 
remanufactured,
    (3) The processes and industry sectors that generate the spent 
solvents,
    (4) The specific uses and industry sectors for the remanufactured 
solvents, and
    (5) A certification from the remanufacturer stating ``on behalf of 
[insert remanufacturer facility name], I certify that this facility is a 
remanufacturer under pharmaceutical manufacturing (NAICS 325412), basic 
organic chemical manufacturing (NAICS 325199), plastics and resins 
manufacturing (NAICS 325211), and/or the paints and coatings 
manufacturing sectors (NAICS 325510), and will accept the spent 
solvent(s) for the sole purpose of remanufacturing into commercial-grade 
solvent(s) that will be used for reacting, extracting, purifying, or 
blending chemicals (or for rinsing out

[[Page 54]]

the process lines associated with these functions) or for use as product 
ingredient(s). I also certify that the remanufacturing equipment, vents, 
and tanks are equipped with and are operating air emission controls in 
compliance with the appropriate Clean Air Act regulations under 40 CFR 
part 60, part 61 or part 63, or, absent such Clean Air Act standards for 
the particular operation or piece of equipment covered by the 
remanufacturing exclusion, are in compliance with the appropriate 
standards in 40 CFR part 261, subparts AA (vents), BB (equipment) and CC 
(tank storage),'';
    (C) Maintain records of shipments and confirmations of receipts for 
a period of three years from the dates of the shipments;
    (D) Prior to remanufacturing, store the hazardous spent solvents in 
tanks or containers that meet technical standards found in subparts I 
and J of 40 CFR part 261, with the tanks and containers being labeled or 
otherwise having an immediately available record of the material being 
stored;
    (E) During remanufacturing, and during storage of the hazardous 
secondary materials prior to remanufacturing, the remanufacturer 
certifies that the remanufacturing equipment, vents, and tanks are 
equipped with and are operating air emission controls in compliance with 
the appropriate Clean Air Act regulations under 40 CFR part 60, part 61 
or part 63; or, absent such Clean Air Act standards for the particular 
operation or piece of equipment covered by the remanufacturing 
exclusion, are in compliance with the appropriate standards in 40 CFR 
part 261 subparts AA (vents), BB (equipment) and CC (tank storage); and
    (F) Meet the requirements prohibiting speculative accumulation per 
40 CFR 261.1(c)(8).
    (b) Solid wastes which are not hazardous wastes. The following solid 
wastes are not hazardous wastes:
    (1) Household waste, including household waste that has been 
collected, transported, stored, treated, disposed, recovered (e.g., 
refuse-derived fuel) or reused. ``Household waste'' means any material 
(including garbage, trash and sanitary wastes in septic tanks) derived 
from households (including single and multiple residences, hotels and 
motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic 
grounds and day-use recreation areas). A resource recovery facility 
managing municipal solid waste shall not be deemed to be treating, 
storing, disposing of, or otherwise managing hazardous wastes for the 
purposes of regulation under this subtitle, if such facility:
    (i) Receives and burns only
    (A) Household waste (from single and multiple dwellings, hotels, 
motels, and other residential sources) and
    (B) Solid waste from commercial or industrial sources that does not 
contain hazardous waste; and
    (ii) Such facility does not accept hazardous wastes and the owner or 
operator of such facility has established contractual requirements or 
other appropriate notification or inspection procedures to assure that 
hazardous wastes are not received at or burned in such facility.
    (2) Solid wastes generated by any of the following and which are 
returned to the soils as fertilizers:
    (i) The growing and harvesting of agricultural crops.
    (ii) The raising of animals, including animal manures.
    (3) Mining overburden returned to the mine site.
    (4)(i) Fly ash waste, bottom ash waste, slag waste, and flue gas 
emission control waste generated primarily from the combustion of coal 
or other fossil fuels, except as provided by Sec. 266.112 of this 
chapter for facilities that burn or process hazardous waste.
    (ii) The following wastes generated primarily from processes that 
support the combustion of coal or other fossil fuels that are co-
disposed with the wastes in paragraph (b)(4)(i) of this section, except 
as provided by Sec. 266.112 of this chapter for facilities that burn or 
process hazardous waste:
    (A) Coal pile run-off. For purposes of paragraph (b)(4) of this 
section, coal pile run-off means any precipitation that drains off coal 
piles.
    (B) Boiler cleaning solutions. For purposes of paragraph (b)(4) of 
this section, boiler cleaning solutions means water solutions and 
chemical solutions

[[Page 55]]

used to clean the fire-side and water-side of the boiler.
    (C) Boiler blowdown. For purposes of paragraph (b)(4) of this 
section, boiler blowdown means water purged from boilers used to 
generate steam.
    (D) Process water treatment and demineralizer regeneration wastes. 
For purposes of paragraph (b)(4) of this section, process water 
treatment and demineralizer regeneration wastes means sludges, rinses, 
and spent resins generated from processes to remove dissolved gases, 
suspended solids, and dissolved chemical salts from combustion system 
process water.
    (E) Cooling tower blowdown. For purposes of paragraph (b)(4) of this 
section, cooling tower blowdown means water purged from a closed cycle 
cooling system. Closed cycle cooling systems include cooling towers, 
cooling ponds, or spray canals.
    (F) Air heater and precipitator washes. For purposes of paragraph 
(b)(4) of this section, air heater and precipitator washes means wastes 
from cleaning air preheaters and electrostatic precipitators.
    (G) Effluents from floor and yard drains and sumps. For purposes of 
paragraph (b)(4) of this section, effluents from floor and yard drains 
and sumps means wastewaters, such as wash water, collected by or from 
floor drains, equipment drains, and sumps located inside the power plant 
building; and wastewaters, such as rain runoff, collected by yard drains 
and sumps located outside the power plant building.
    (H) Wastewater treatment sludges. For purposes of paragraph (b)(4) 
of this section, wastewater treatment sludges refers to sludges 
generated from the treatment of wastewaters specified in paragraphs 
(b)(4)(ii)(A) through (F) of this section.
    (5) Drilling fluids, produced waters, and other wastes associated 
with the exploration, development, or production of crude oil, natural 
gas or geothermal energy.
    (6)(i) Wastes which fail the test for the Toxicity Characteristic 
because chromium is present or are listed in subpart D due to the 
presence of chromium, which do not fail the test for the Toxicity 
Characteristic for any other constituent or are not listed due to the 
presence of any other constituent, and which do not fail the test for 
any other characteristic, if it is shown by a waste generator or by 
waste generators that:
    (A) The chromium in the waste is exclusively (or nearly exclusively) 
trivalent chromium; and
    (B) The waste is generated from an industrial process which uses 
trivalent chromium exclusively (or nearly exclusively) and the process 
does not generate hexavalent chromium; and
    (C) The waste is typically and frequently managed in non-oxidizing 
environments.
    (ii) Specific wastes which meet the standard in paragraphs (b)(6)(i) 
(A), (B), and (C) (so long as they do not fail the test for the toxicity 
characteristic for any other constituent, and do not exhibit any other 
characteristic) are:
    (A) Chrome (blue) trimmings generated by the following subcategories 
of the leather tanning and finishing industry; hair pulp/chrome tan/
retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet 
finish; no beamhouse; through-the-blue; and shearling.
    (B) Chrome (blue) shavings generated by the following subcategories 
of the leather tanning and finishing industry: Hair pulp/chrome tan/
retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet 
finish; no beamhouse; through-the-blue; and shearling.
    (C) Buffing dust generated by the following subcategories of the 
leather tanning and finishing industry; hair pulp/chrome tan/retan/wet 
finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no 
beamhouse; through-the-blue.
    (D) Sewer screenings generated by the following subcategories of the 
leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet 
finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no 
beamhouse; through-the-blue; and shearling.
    (E) Wastewater treatment sludges generated by the following 
subcategories of the leather tanning and finishing industry: Hair pulp/
chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; 
retan/wet finish; no beamhouse; through-the-blue; and shearling.

[[Page 56]]

    (F) Wastewater treatment sludges generated by the following 
subcategories of the leather tanning and finishing industry: Hair pulp/
chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; and 
through-the-blue.
    (G) Waste scrap leather from the leather tanning industry, the shoe 
manufacturing industry, and other leather product manufacturing 
industries.
    (H) Wastewater treatment sludges from the production of 
TiO2 pigment using chromium-bearing ores by the chloride 
process.
    (7) Solid waste from the extraction, beneficiation, and processing 
of ores and minerals (including coal, phosphate rock, and overburden 
from the mining of uranium ore), except as provided by Sec. 266.112 of 
this chapter for facilities that burn or process hazardous waste.
    (i) For purposes of Sec. 261.4(b)(7) beneficiation of ores and 
minerals is restricted to the following activities; crushing; grinding; 
washing; dissolution; crystallization; filtration; sorting; sizing; 
drying; sintering; pelletizing; briquetting; calcining to remove water 
and/or carbon dioxide; roasting, autoclaving, and/or chlorination in 
preparation for leaching (except where the roasting (and/or autoclaving 
and/or chlorination)/leaching sequence produces a final or intermediate 
product that does not undergo further beneficiation or processing); 
gravity concentration; magnetic separation; electrostatic separation; 
flotation; ion exchange; solvent extraction; electrowinning; 
precipitation; amalgamation; and heap, dump, vat, tank, and in situ 
leaching.
    (ii) For the purposes of Sec. 261.4(b)(7), solid waste from the 
processing of ores and minerals includes only the following wastes as 
generated:
    (A) Slag from primary copper processing;
    (B) Slag from primary lead processing;
    (C) Red and brown muds from bauxite refining;
    (D) Phosphogypsum from phosphoric acid production;
    (E) Slag from elemental phosphorus production;
    (F) Gasifier ash from coal gasification;
    (G) Process wastewater from coal gasification;
    (H) Calcium sulfate wastewater treatment plant sludge from primary 
copper processing;
    (I) Slag tailings from primary copper processing;
    (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

[[Page 57]]

by persons who utilize the arsenical-treated wood and wood products for 
these materials' intended end use.
    (10) Petroleum-contaminated media and debris that fail the test for 
the Toxicity Characteristic of Sec. 261.24 (Hazardous Waste Codes D018 
through D043 only) and are subject to the corrective action regulations 
under part 280 of this chapter.
    (11) Injected groundwater that is hazardous only because it exhibits 
the Toxicity Characteristic (Hazardous Waste Codes D018 through D043 
only) in Sec. 261.24 of this part that is reinjected through an 
underground injection well pursuant to free phase hydrocarbon recovery 
operations undertaken at petroleum refineries, petroleum marketing 
terminals, petroleum bulk plants, petroleum pipelines, and petroleum 
transportation spill sites until January 25, 1993. This extension 
applies to recovery operations in existence, or for which contracts have 
been issued, on or before March 25, 1991. For groundwater returned 
through infiltration galleries from such operations at petroleum 
refineries, marketing terminals, and bulk plants, until [insert date six 
months after publication]. New operations involving injection wells 
(beginning after March 25, 1991) will qualify for this compliance date 
extension (until January 25, 1993) only if:
    (i) Operations are performed pursuant to a written state agreement 
that includes a provision to assess the groundwater and the need for 
further remediation once the free phase recovery is completed; and
    (ii) A copy of the written agreement has been submitted to: Waste 
Identification Branch (5304), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.
    (12) Used chlorofluorocarbon refrigerants from totally enclosed heat 
transfer equipment, including mobile air conditioning systems, mobile 
refrigeration, and commercial and industrial air conditioning and 
refrigeration systems that use chlorofluorocarbons as the heat transfer 
fluid in a refrigeration cycle, provided the refrigerant is reclaimed 
for further use.
    (13) Non-terne plated used oil filters that are not mixed with 
wastes listed in subpart D of this part if these oil filters have been 
gravity hot-drained using one of the following methods:
    (i) Puncturing the filter anti-drain back valve or the filter dome 
end and hot-draining;
    (ii) Hot-draining and crushing;
    (iii) Dismantling and hot-draining; or
    (iv) Any other equivalent hot-draining method that will remove used 
oil.
    (14) Used oil re-refining distillation bottoms that are used as 
feedstock to manufacture asphalt products.
    (15) Leachate or gas condensate collected from landfills where 
certain solid wastes have been disposed, provided that:
    (i) The solid wastes disposed would meet one or more of the listing 
descriptions for Hazardous Waste Codes K169, K170, K171, K172, K174, 
K175, K176, K177, K178 and K181 if these wastes had been generated after 
the effective date of the listing;
    (ii) The solid wastes described in paragraph (b)(15)(i) of this 
section were disposed prior to the effective date of the listing;
    (iii) The leachate or gas condensate do not exhibit any 
characteristic of hazardous waste nor are derived from any other listed 
hazardous waste;
    (iv) Discharge of the leachate or gas condensate, including leachate 
or gas condensate transferred from the landfill to a POTW by truck, 
rail, or dedicated pipe, is subject to regulation under sections 307(b) 
or 402 of the Clean Water Act.
    (v) As of February 13, 2001, leachate or gas condensate derived from 
K169-K172 is no longer exempt if it is stored or managed in a surface 
impoundment prior to discharge. As of November 21, 2003, leachate or gas 
condensate derived from K176, K177, and K178 is no longer exempt if it 
is stored or managed in a surface impoundment prior to discharge. After 
February 26, 2007, leachate or gas condensate derived from K181 will no 
longer be exempt if it is stored or managed in a surface impoundment 
prior to discharge. There is one exception: if the surface impoundment 
is used to temporarily store leachate or gas condensate in response to 
an emergency situation (e.g., shutdown of wastewater treatment system),

[[Page 58]]

provided the impoundment has a double liner, and provided the leachate 
or gas condensate is removed from the impoundment and continues to be 
managed in compliance with the conditions of this paragraph (b)(15)(v) 
after the emergency ends.
    (16) [Reserved]
    (17) Solid waste that would otherwise meet the definition of low-
level mixed wastes (LLMW) pursuant to Sec. 266.210 of this chapter that 
is generated at the Ortho-McNeil Pharmaceutical, Inc. (OMP Spring House) 
research and development facility in Spring House, Pennsylvania and 
treated on-site using a bench-scale high temperature catalytic oxidation 
unit is not a hazardous waste provided that:
    (i) The total volume of LLMW generated and treated is no greater 
than 50 liters/year, (ii) OMP Spring House submits a written report to 
the EPA Region III office once every six months beginning six months 
after June 27, 2005, that must contain the following:
    (A) Analysis demonstrating the destruction and removal efficiency of 
the treatment technology for all organic components of the wastestream,
    (B) Analysis demonstrating the capture efficiencies of the treatment 
technology for all radioactive components of the wastestream and an 
estimate of the amount of radioactivity released during the reporting 
period,
    (C) Analysis (including concentrations of constituents, including 
inorganic constituents, present and radioactivity) of the wastestream 
prior to and after treatment,
    (D) Volume of the wastestream being treated per batch, as well as a 
total for the duration of the reporting period, and
    (E) Final disposition of the radioactive residuals from the 
treatment of the wastestream.
    (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) Solvent-contaminated wipes, except for wipes that are hazardous 
waste due to the presence of trichloroethylene, that are sent for 
disposal are not hazardous wastes from the point of generation provided 
that
    (i) The solvent-contaminated wipes, when accumulated, stored, and 
transported, are contained in non-leaking, closed containers that are 
labeled ``Excluded Solvent-Contaminated Wipes.'' The containers must be 
able to contain free liquids, should free liquids occur. During 
accumulation, a container is considered closed when there is complete 
contact between the fitted lid and the rim, except when it is necessary 
to add or remove solvent-contaminated wipes. When the container is full, 
or when the solvent-contaminated wipes are no longer being accumulated, 
or when the container is being transported, the container must be sealed 
with all lids properly and securely affixed to the container and all 
openings tightly bound or closed sufficiently to prevent leaks and 
emissions;
    (ii) The solvent-contaminated wipes may be accumulated by the 
generator for up to 180 days from the start date of accumulation for 
each container prior to being sent for disposal;
    (iii) At the point of being transported for disposal, the solvent-
contaminated wipes must contain no free liquids as defined in 
Sec. 260.10 of this chapter.
    (iv) Free liquids removed from the solvent-contaminated wipes or 
from the container holding the wipes must be managed according to the 
applicable regulations found in 40 CFR parts 260 through 273;
    (v) Generators must maintain at their site the following 
documentation:
    (A) Name and address of the landfill or combustor that is receiving 
the solvent-contaminated wipes;
    (B) Documentation that the 180 day accumulation time limit in 40 CFR 
261.4(b)(18)(ii) is being met;
    (C) Description of the process the generator is using to ensure 
solvent-contaminated wipes contain no free liquids at the point of being 
transported for disposal;
    (vi) The solvent-contaminated wipes are sent for disposal
    (A) To a municipal solid waste landfill regulated under 40 CFR part 
258, including 40 CFR 258.40, or to a hazardous waste landfill regulated 
under 40 CFR parts 264 or 265; or

[[Page 59]]

    (B) To a municipal waste combustor or other combustion facility 
regulated under section 129 of the Clean Air Act or to a hazardous waste 
combustor, boiler, or industrial furnace regulated under 40 CFR parts 
264, 265, or 266 subpart H.
    (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 paragraphs (d)(2) and (4) 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.
    (4) In order to qualify for the exemption in paragraphs (d)(1)(i) 
and (ii) of this section, the mass of a sample that will be exported to 
a foreign laboratory or that will be imported to a U.S. laboratory from 
a foreign source must additionally not exceed 25 kg.
    (e) Treatability Study Samples. (1) Except as provided in paragraphs 
(e)(2) and (4) of this section, persons who generate or collect samples 
for the purpose of conducting treatability studies as defined in 40 CFR 
260.10, are not subject to any requirement of 40 CFR parts 261 through 
263 or to the notification requirements of Section 3010 of RCRA, nor are 
such samples included in the quantity determinations of 40 CFR 261.5 and 
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

[[Page 60]]

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)(2)(v)(C) of this section in its biennial report.
    (3) The Regional Administrator may grant requests on a case-by-case 
basis for up to an additional two years for treatability studies 
involving bioremediation. The Regional Administrator may grant requests 
on a case-by-case basis for quantity limits in excess of those specified 
in paragraphs (e)(2) (i) and (ii) and (f)(4) of this section, for up to 
an additional 5000 kg of media contaminated with non-acute hazardous 
waste, 500 kg of non-acute hazardous waste, 2500 kg of media 
contaminated with acute hazardous waste and 1 kg of acute hazardous 
waste:
    (i) In response to requests for authorization to ship, store and 
conduct treatability studies on additional quantities in advance of 
commencing treatability studies. Factors to be considered in reviewing 
such requests include the nature of the technology, the type of process 
(e.g., batch versus continuous), size of the unit undergoing testing 
(particularly in relation to scale-up considerations), the time/quantity 
of material required to reach steady state operating conditions, or test 
design considerations such as mass balance calculations.

[[Page 61]]

    (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.
    (4) In order to qualify for the exemption in paragraph (e)(1)(i) of 
this section, the mass of a sample that will be exported to a foreign 
laboratory or testing facility, or that will be imported to a U.S. 
laboratory or testing facility from a foreign source must additionally 
not exceed 25 kg.
    (f) Samples Undergoing Treatability Studies at Laboratories and 
Testing Facilities. Samples undergoing treatability studies and the 
laboratory or testing facility conducting such treatability studies (to 
the extent such facilities are not otherwise subject to RCRA 
requirements) are not subject to any requirement of this part, part 124, 
parts 262-266, 268, and 270, or to the notification requirements of 
Section 3010 of RCRA provided that the conditions of paragraphs (f) (1) 
through (11) of this section are met. A mobile treatment unit (MTU) may 
qualify as a testing facility subject to paragraphs (f) (1) through (11) 
of this section. Where a group of MTUs are located at the same site, the 
limitations specified in (f) (1) through (11) of this section apply to 
the entire group of MTUs collectively as if the group were one MTU.
    (1) No less than 45 days before conducting treatability studies, the 
facility notifies the Regional Administrator, or State Director (if 
located in an authorized State), in writing that it intends to conduct 
treatability studies under this paragraph.
    (2) The laboratory or testing facility conducting the treatability 
study has an EPA identification number.
    (3) No more than a total of 10,000 kg of ``as received'' media 
contaminated with non-acute hazardous waste, 2500 kg of media 
contaminated with acute hazardous waste or 250 kg of other ``as 
received'' hazardous waste is subject to initiation of treatment in all 
treatability studies in any single day. ``As received'' waste refers to 
the waste as received in the shipment from the generator or sample 
collector.
    (4) The quantity of ``as received'' hazardous waste stored at the 
facility for the purpose of evaluation in treatability studies does not 
exceed 10,000 kg, the total of which can include 10,000 kg of media 
contaminated with non-acute hazardous waste, 2500 kg of

[[Page 62]]

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 includes the following information for the 
previous calendar year:
    (i) The name, address, and EPA identification number of the facility 
conducting the treatability studies;
    (ii) The types (by process) of treatability studies conducted;
    (iii) The names and addresses of persons for whom studies have been 
conducted (including their EPA identification numbers);
    (iv) The total quantity of waste in storage each day;
    (v) The quantity and types of waste subjected to treatability 
studies;
    (vi) When each treatability study was conducted;
    (vii) The final disposition of residues and unused sample from each 
treatability study.
    (10) The facility determines whether any unused sample or residues 
generated by the treatability study are hazardous waste under Sec. 261.3 
and, if so, are subject to parts 261 through 268, and part 270 of this 
chapter, unless the residues and unused samples are returned to the 
sample originator under the Sec. 261.4(e) exemption.
    (11) The facility notifies the Regional Administrator, or State 
Director (if located in an authorized State), by letter when the 
facility is no longer planning to conduct any treatability studies at 
the site.
    (g) Dredged material that is not a hazardous waste. Dredged material 
that is subject to the requirements of a permit that has been issued 
under 404 of the Federal Water Pollution Control Act (33 U.S.C.1344) or 
section 103 of the Marine Protection, Research, and Sanctuaries Act of 
1972 (33 U.S.C. 1413) is not a hazardous waste. For this paragraph (g), 
the following definitions apply:

[[Page 63]]

    (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).
    (h) Carbon dioxide stream injected for geologic sequestration. 
Carbon dioxide streams that are captured and transported for purposes of 
injection into an underground injection well subject to the requirements 
for Class VI Underground Injection Control wells, including the 
requirements in 40 CFR Parts 144 and 146 of the Underground Injection 
Control Program of the Safe Drinking Water Act, are not a hazardous 
waste, provided the following conditions are met:
    (1) Transportation of the carbon dioxide stream must be in 
compliance with U.S. Department of Transportation requirements, 
including the pipeline safety laws (49 U.S.C. 60101 et seq.) and 
regulations (49 CFR Parts 190-199) of the U.S. Department of 
Transportation, and pipeline safety regulations adopted and administered 
by a state authority pursuant to a certification under 49 U.S.C. 60105, 
as applicable.
    (2) Injection of the carbon dioxide stream must be in compliance 
with the applicable requirements for Class VI Underground Injection 
Control wells, including the applicable requirements in 40 CFR Parts 144 
and 146;
    (3) No hazardous wastes shall be mixed with, or otherwise co-
injected with, the carbon dioxide stream; and
    (4)(i) Any generator of a carbon dioxide stream, who claims that a 
carbon dioxide stream is excluded under this paragraph (h), must have an 
authorized representative (as defined in 40 CFR 260.10) sign a 
certification statement worded as follows:

    I certify under penalty of law that the carbon dioxide stream that I 
am claiming to be excluded under 40 CFR 261.4(h) has not been mixed with 
hazardous wastes, and I have transported the carbon dioxide stream in 
compliance with (or have contracted with a pipeline operator or 
transporter to transport the carbon dioxide stream in compliance with) 
Department of Transportation requirements, including the pipeline safety 
laws (49 U.S.C. 60101 et seq.) and regulations (49 CFR Parts 190-199) of 
the U.S. Department of Transportation, and the pipeline safety 
regulations adopted and administered by a state authority pursuant to a 
certification under 49 U.S.C. 60105, as applicable, for injection into a 
well subject to the requirements for the Class VI Underground Injection 
Control Program of the Safe Drinking Water Act.

    (ii) Any Class VI Underground Injection Control well owner or 
operator, who claims that a carbon dioxide stream is excluded under 
paragraph (h) of this section, must have an authorized representative 
(as defined in 40 CFR 260.10) sign a certification statement worded as 
follows:

    I certify under penalty of law that the carbon dioxide stream that I 
am claiming to be excluded under 40 CFR 261.4(h) has not been mixed 
with, or otherwise co-injected with, hazardous waste at the Underground 
Injection Control (UIC) Class VI permitted facility, and that injection 
of the carbon dioxide stream is in compliance with the applicable 
requirements for UIC Class VI wells, including the applicable 
requirements in 40 CFR Parts 144 and 146.

    (iii) The signed certification statement must be kept on-site for no 
less than three years, and must be made available within 72 hours of a 
written request from the Administrator, Regional Administrator, or state 
Director (if located in an authorized state), or their designee. The 
signed certification statement must be renewed every year that the 
exclusion is claimed, by having an authorized representative (as defined 
in 40 CFR 260.10) annually prepare and sign a new copy of the 
certification statement within one year of the date of the previous 
statement. The signed certification statement must also be readily 
accessible on the facility's publicly-available Web site (if such Web 
site exists) as a public notification with the title of ``Carbon Dioxide

[[Page 64]]

Stream Certification'' at the time the exclusion is claimed.

[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 at www.fdsys.gov.



Sec. 261.5  [Reserved]



Sec. 261.6  Requirements for recyclable materials.

    (a)(1) Hazardous wastes that are recycled are subject to the 
requirements for generators, transporters, and storage facilities of 
paragraphs (b) and (c) of this section, except for the materials listed 
in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that 
are recycled will be known as ``recyclable materials.''
    (2) The following recyclable materials are not subject to the 
requirements of this section but are regulated under subparts C through 
N of part 266 of this chapter and all applicable provisions in parts 
268, 270, and 124 of this chapter.
    (i) Recyclable materials used in a manner constituting disposal (40 
CFR part 266, subpart C);
    (ii) Hazardous wastes burned (as defined in section 266.100(a)) in 
boilers and industrial furnaces that are not regulated under subpart O 
of part 264 or 265 of this chapter (40 CFR part 266, subpart H);
    (iii) Recyclable materials from which precious metals are reclaimed 
(40 CFR part 266, subpart F);
    (iv) Section 265.75 of this chapter (biennial reporting 
requirements).
    (3) The following recyclable materials are not subject to regulation 
under parts 262 through parts 268, 270 or 124 of this chapter, and are 
not subject to the notification requirements of section 3010 of RCRA:
    (i) Industrial ethyl alcohol that is reclaimed except that exports 
and imports of such recyclable materials must comply with the 
requirements of 40 CFR part 262, subpart H.
    (A) A person initiating a shipment for reclamation in a foreign 
country, and any intermediary arranging for the shipment, must comply 
with the requirements applicable to a primary exporter in Secs. 262.53, 
262.56 (a)(1)-(4), (6), and (b), and 262.57, export such materials only 
upon consent of the receiving country and in conformance with the EPA 
Acknowledgment of Consent as defined in subpart E of part 262, and 
provide a copy of the EPA Acknowledgment of Consent to the shipment to 
the transporter transporting the shipment for export;
    (B) Transporters transporting a shipment for export may not accept a 
shipment if he knows the shipment does not conform to the EPA 
Acknowledgment of Consent, must ensure that a copy of the EPA 
Acknowledgment of Consent accompanies the shipment and must ensure that 
it is delivered to the facility designated by the person initiating the 
shipment.
    (ii) Scrap metal that is not excluded under Sec. 261.4(a)(13);
    (iii) Fuels produced from the refining of oil-bearing hazardous 
waste along with normal process streams at a petroleum refining facility 
if such wastes result from normal petroleum refining, production, and 
transportation practices (this exemption does not apply to fuels 
produced from oil recovered from oil-bearing hazardous waste, where such 
recovered oil is already excluded under Sec. 261.4(a)(12);
    (iv)(A) Hazardous waste fuel produced from oil-bearing hazardous 
wastes from petroleum refining, production, or transportation practices, 
or produced from oil reclaimed from such hazardous wastes, where such 
hazardous wastes are reintroduced into a process that does not use 
distillation or does not produce products from crude oil so long as the 
resulting fuel meets the used oil specification under Sec. 279.11 of 
this chapter and so long as no other hazardous wastes are used to 
produce the hazardous waste fuel;
    (B) Hazardous waste fuel produced from oil-bearing hazardous waste 
from petroleum refining production, and transportation practices, where 
such hazardous wastes are reintroduced into a refining process after a 
point at which contaminants are removed, so long as the fuel meets the 
used oil fuel specification under Sec. 279.11 of this chapter; and

[[Page 65]]

    (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 or imported for purpose of 
recovery is subject to the requirements of 40 CFR part 262, subpart H.
    (b) Generators and transporters of recyclable materials are subject 
to the applicable requirements of parts 262 and 263 of this chapter and 
the notification requirements under section 3010 of RCRA, except as 
provided in paragraph (a) of this section.
    (c) (1) Owners and operators of facilities that store recyclable 
materials before they are recycled are regulated under all applicable 
provisions of subparts A though L, AA, BB, and CC of parts 264 and 265, 
and under parts 124, 266, 267, 268, and 270 of this chapter and the 
notification requirements under section 3010 of RCRA, except as provided 
in paragraph (a) of this section. (The recycling process itself is 
exempt from regulation except as provided in Sec. 261.6(d).)
    (2) Owners or operators of facilities that recycle recyclable 
materials without storing them before they are recycled are subject to 
the following requirements, except as provided in paragraph (a) of this 
section:
    (i) Notification requirements under section 3010 of RCRA;
    (ii) Sections 265.71 and 265.72 (dealing with the use of the 
manifest and manifest discrepancies) of this chapter.
    (iii) Section 261.6(d) of this chapter.
    (iv) Section 265.75 of this chapter (biennial reporting 
requirements).
    (d) Owners or operators of facilities subject to RCRA permitting 
requirements with hazardous waste management units that recycle 
hazardous wastes are subject to the requirements of subparts AA and BB 
of part 264, 265 or 267 of this chapter.

[50 FR 49203, Nov. 29, 1985]

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



Sec. 261.7  Residues of hazardous waste in empty containers.

    (a)(1) Any hazardous waste remaining in either: an empty container; 
or an inner liner removed from an empty container, as defined in 
paragraph (b) of this section, is not subject to regulation under parts 
261 through 268, 270, or 124 this chapter or to the notification 
requirements of section 3010 of RCRA.
    (2) Any hazardous waste in either a container that is not empty or 
an inner liner removed from a container that is not empty, as defined in 
paragraph (b) of this section, is subject to regulation under parts 261 
through 268, 270 and 124 of this chapter and to the notification 
requirements of section 3010 of RCRA.
    (b)(1) A container or an inner liner removed from a container that 
has held any hazardous waste, except a waste that is a compressed gas or 
that is identified as an acute hazardous waste listed in Secs. 261.31 or 
261.33(e) of this chapter is empty if:
    (i) All wastes have been removed that can be removed using the 
practices commonly employed to remove materials from that type of 
container, e.g., pouring, pumping, and aspirating, and
    (ii) No more than 2.5 centimeters (one inch) of residue remain on 
the bottom of the container or inner liner, or
    (iii)(A) No more than 3 percent by weight of the total capacity of 
the container remains in the container or inner liner if the container 
is less than or equal to 119 gallons in size; or
    (B) No more than 0.3 percent by weight of the total capacity of the 
container remains in the container or inner liner if the container is 
greater than 119 gallons in size.

[[Page 66]]

    (2) A container that has held a hazardous waste that is a compressed 
gas is empty when the pressure in the container approaches atmospheric.
    (3) A container or an inner liner removed from a container that has 
held an acute hazardous waste listed in Secs. 261.31 or 261.33(e) is 
empty if:
    (i) The container or inner liner has been triple rinsed using a 
solvent capable of removing the commercial chemical product or 
manufacturing chemical intermediate;
    (ii) The container or inner liner has been cleaned by another method 
that has been shown in the scientific literature, or by tests conducted 
by the generator, to achieve equivalent removal; or
    (iii) In the case of a container, the inner liner that prevented 
contact of the commercial chemical product or manufacturing chemical 
intermediate with the container, has been removed.

[45 FR 78529, Nov. 25, 1980, as amended at 47 FR 36097, Aug. 18, 1982; 
48 FR 14294, Apr. 1, 1983; 50 FR 1999, Jan. 14, 1985; 51 FR 40637, Nov. 
7, 1986; 70 FR 10815, Mar. 4, 2005; 70 FR 53453, Sept. 8, 2005; 75 FR 
13002, Mar. 18, 2010]



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

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

[55 FR 11862, Mar. 29, 1990]



Sec. 261.9  Requirements for Universal Waste.

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

[60 FR 25541, May 11, 1995, as amended at 64 FR 36487, July 6, 1999; 70 
FR 45520, Aug. 5, 2005]



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



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

    (a) The Administrator shall identify and define a characteristic of 
hazardous waste in subpart C only upon determining that:
    (1) A solid waste that exhibits the characteristic may:
    (i) Cause, or significantly contribute to, an increase in mortality 
or an increase in serious irreversible, or incapacitating reversible, 
illness; or
    (ii) Pose a substantial present or potential hazard to human health 
or the environment when it is improperly treated, stored, transported, 
disposed of or otherwise managed; and
    (2) The characteristic can be:
    (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

[[Page 67]]

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

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

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



   Subpart C_Pre-Transport Requirements Applicable to Small and Large 
                           Quantity Generators



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

[[Page 68]]

I to be a representative sample within the meaning of part 260 of this 
chapter.

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

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



Sec. 261.21  Characteristic of ignitability.

    (a) A solid waste exhibits the characteristic of ignitability if a 
representative sample of the waste has any of the following properties:
    (1) It is a liquid, other than an aqueous solution containing less 
than 24 percent alcohol by volume and has flash point less than 60 
deg.C (140  deg.F), as determined by a Pensky-Martens Closed Cup Tester, 
using the test method specified in ASTM Standard D 93-79 or D 93-80 
(incorporated by reference, see Sec. 260.11), or a Setaflash Closed Cup 
Tester, using the test method specified in ASTM Standard D 3278-78 
(incorporated by reference, see Sec. 260.11).
    (2) It is not a liquid and is capable, under standard temperature 
and pressure, of causing fire through friction, absorption of moisture 
or spontaneous chemical changes and, when ignited, burns so vigorously 
and persistently that it creates a hazard.
    (3) It is an ignitable compressed gas.
    (i) The term ``compressed gas'' shall designate any material or 
mixture having in the container an absolute pressure exceeding 40 p.s.i. 
at 70  deg.F or, regardless of the pressure at 70  deg.F, having an 
absolute pressure exceeding 104 p.s.i. at 130  deg.F; or any liquid 
flammable material having a vapor pressure exceeding 40 p.s.i. absolute 
at 100  deg.F as determined by ASTM Test D-323.
    (ii) A compressed gas shall be characterized as ignitable if any one 
of the following occurs:
    (A) Either a mixture of 13 percent or less (by volume) with air 
forms a flammable mixture or the flammable range with air is wider than 
12 percent regardless of the lower limit. These limits shall be 
determined at atmospheric temperature and pressure. The method of 
sampling and test procedure shall be acceptable to the Bureau of 
Explosives and approved by the director, Pipeline and Hazardous 
Materials Technology, U.S. Department of Transportation (see Note 2).
    (B) Using the Bureau of Explosives' Flame Projection Apparatus (see 
Note 1), the flame projects more than 18 inches beyond the ignition 
source with valve opened fully, or, the flame flashes back and burns at 
the valve with any degree of valve opening.
    (C) Using the Bureau of Explosives' Open Drum Apparatus (see Note 
1), there is any significant propagation of flame away from the ignition 
source.
    (D) Using the Bureau of Explosives' Closed Drum Apparatus (see Note 
1), there is any explosion of the vapor-air mixture in the drum.
    (4) It is an oxidizer. An oxidizer for the purpose of this 
subchapter is a substance such as a chlorate, permanganate, inorganic 
peroxide, or a nitrate, that yields oxygen readily to stimulate the 
combustion of organic matter (see Note 4).
    (i) An organic compound containing the bivalent -O-O- structure and 
which may be considered a derivative of hydrogen peroxide where one or 
more of the hydrogen atoms have been replaced by organic radicals must 
be classed as an organic peroxide unless:
    (A) The material meets the definition of a Class A explosive or a 
Class B explosive, as defined in Sec. 261.23(a)(8), in which case it 
must be classed as an explosive,
    (B) The material is forbidden to be offered for transportation 
according to 49 CFR 172.101 and 49 CFR 173.21,
    (C) It is determined that the predominant hazard of the material 
containing an organic peroxide is other than that of an organic 
peroxide, or
    (D) According to data on file with the Pipeline and Hazardous 
Materials Safety Administration in the U.S. Department of Transportation 
(see Note 3), it has been determined that the material does not present 
a hazard in transportation.
    (b) A solid waste that exhibits the characteristic of ignitability 
has the EPA Hazardous Waste Number of D001.

    Note 1: A description of the Bureau of Explosives' Flame Projection 
Apparatus, Open Drum Apparatus, Closed Drum Apparatus,

[[Page 69]]

and method of tests may be procured from the Bureau of Explosives.
    Note 2: As part of a U.S. Department of Transportation (DOT) 
reorganization, the Office of Hazardous Materials Technology (OHMT), 
which was the office listed in the 1980 publication of 49 CFR 173.300 
for the purposes of approving sampling and test procedures for a 
flammable gas, ceased operations on February 20, 2005. OHMT programs 
have moved to the Pipeline and Hazardous Materials Safety Administration 
(PHMSA) in the DOT.
    Note 3: As part of a U.S. Department of Transportation (DOT) 
reorganization, the Research and Special Programs Administration (RSPA), 
which was the office listed in the 1980 publication of 49 CFR 173.151a 
for the purposes of determining that a material does not present a 
hazard in transport, ceased operations on February 20, 2005. RSPA 
programs have moved to the Pipeline and Hazardous Materials Safety 
Administration (PHMSA) in the DOT.
    Note 4: The DOT regulatory definition of an oxidizer was contained 
in Sec. 173.151 of 49 CFR, and the definition of an organic peroxide was 
contained in paragraph 173.151a. An organic peroxide is a type of 
oxidizer.

[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 
FR 22684, June 1, 1990; 70 FR 34561, June 14, 2005; 71 FR 40259, July 
14, 2006]



Sec. 261.22  Characteristic of corrosivity.

    (a) A solid waste exhibits the characteristic of corrosivity if a 
representative sample of the waste has either of the following 
properties:
    (1) It is aqueous and has a pH less than or equal to 2 or greater 
than or equal to 12.5, as determined by a pH meter using Method 9040C in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication SW-846, as incorporated by reference in Sec. 260.11 of 
this chapter.
    (2) It is a liquid and corrodes steel (SAE 1020) at a rate greater 
than 6.35 mm (0.250 inch) per year at a test temperature of 55  deg.C 
(130  deg.F) as determined by Method 1110A in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, and as incorporated by reference in Sec. 260.11 of this chapter.
    (b) A solid waste that exhibits the characteristic of corrosivity 
has the EPA Hazardous Waste Number of D002.

[45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 
FR 22684, June 1, 1990; 58 FR 46049, Aug. 31, 1993; 70 FR 34561, June 
14, 2005]



Sec. 261.23  Characteristic of reactivity.

    (a) A solid waste exhibits the characteristic of reactivity if a 
representative sample of the waste has any of the following properties:
    (1) It is normally unstable and readily undergoes violent change 
without detonating.
    (2) It reacts violently with water.
    (3) It forms potentially explosive mixtures with water.
    (4) When mixed with water, it generates toxic gases, vapors or fumes 
in a quantity sufficient to present a danger to human health or the 
environment.
    (5) It is a cyanide or sulfide bearing waste which, when exposed to 
pH conditions between 2 and 12.5, can generate toxic gases, vapors or 
fumes in a quantity sufficient to present a danger to human health or 
the environment.
    (6) It is capable of detonation or explosive reaction if it is 
subjected to a strong initiating source or if heated under confinement.
    (7) It is readily capable of detonation or explosive decomposition 
or reaction at standard temperature and pressure.
    (8) It is a forbidden explosive as defined in 49 CFR 173.54, or is a 
Division 1.1, 1.2 or 1.3 explosive as defined in 49 CFR 173.50 and 
173.53.
    (b) A solid waste that exhibits the characteristic of reactivity has 
the EPA Hazardous Waste Number of D003.

[45 FR 33119, May 19, 1980, as amended at 55 FR 22684, June 1, 1990; 75 
FR 13002, Mar. 18, 2010]



Sec. 261.24  Toxicity characteristic.

    (a) A solid waste (except manufactured gas plant waste) exhibits the 
characteristic of toxicity if, using the Toxicity Characteristic 
Leaching Procedure, test Method 1311 in ``Test Methods for Evaluating 
Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, as 
incorporated by reference in Sec. 260.11 of this chapter, the extract 
from a representative sample

[[Page 70]]

of the waste contains any of the contaminants listed in table 1 at the 
concentration equal to or greater than the respective value given in 
that table. Where the waste contains less than 0.5 percent filterable 
solids, the waste itself, after filtering using the methodology outlined 
in Method 1311, is considered to be the extract for the purpose of this 
section.
    (b) A solid waste that exhibits the characteristic of toxicity has 
the EPA Hazardous Waste Number specified in Table 1 which corresponds to 
the toxic contaminant causing it to be hazardous.

     Table 1--Maximum Concentration of Contaminants for the Toxicity
                             Characteristic
------------------------------------------------------------------------
                                                              Regulatory
   EPA HW No. \1\            Contaminant         CAS No. \2\  Level (mg/
                                                                  L)
------------------------------------------------------------------------
D004                 Arsenic...................    7440-38-2        5.0
D005                 Barium....................    7440-39-3      100.0
D018                 Benzene...................      71-43-2        0.5
D006                 Cadmium...................    7440-43-9        1.0
D019                 Carbon tetrachloride......      56-23-5        0.5
D020                 Chlordane.................      57-74-9       0.03
D021                 Chlorobenzene.............     108-90-7      100.0
D022                 Chloroform................      67-66-3        6.0
D007                 Chromium..................    7440-47-3        5.0
D023                 o-Cresol..................      95-48-7  \4\ 200.0
D024                 m-Cresol..................     108-39-4  \4\ 200.0
D025                 p-Cresol..................     106-44-5  \4\ 200.0
D026                 Cresol....................  ...........  \4\ 200.0
D016                 2,4-D.....................      94-75-7       10.0
D027                 1,4-Dichlorobenzene.......     106-46-7        7.5
D028                 1,2-Dichloroethane........     107-06-2        0.5
D029                 1,1-Dichloroethylene......      75-35-4        0.7
D030                 2,4-Dinitrotoluene........     121-14-2   \3\ 0.13
D012                 Endrin....................      72-20-8       0.02
D031                 Heptachlor (and its             76-44-8      0.008
                      epoxide).
D032                 Hexachlorobenzene.........     118-74-1   \3\ 0.13
D033                 Hexachlorobutadiene.......      87-68-3        0.5
D034                 Hexachloroethane..........      67-72-1        3.0
D008                 Lead......................    7439-92-1        5.0
D013                 Lindane...................      58-89-9        0.4
D009                 Mercury...................    7439-97-6        0.2
D014                 Methoxychlor..............      72-43-5       10.0
D035                 Methyl ethyl ketone.......      78-93-3      200.0
D036                 Nitrobenzene..............      98-95-3        2.0
D037                 Pentachlorophenol.........      87-86-5      100.0
D038                 Pyridine..................     110-86-1    \3\ 5.0
D010                 Selenium..................    7782-49-2        1.0
D011                 Silver....................    7440-22-4        5.0
D039                 Tetrachloroethyl ene......     127-18-4        0.7
D015                 Toxaphene.................    8001-35-2        0.5
D040                 Trichloroethyl ene........      79-01-6        0.5
D041                 2,4,5-Trichlorophenol.....      95-95-4      400.0
D042                 2,4,6-Trichlorophenol.....      88-06-2        2.0
D017                 2,4,5-TP (Silvex).........      93-72-1        1.0
D043                 Vinyl chloride............      75-01-4        0.2
------------------------------------------------------------------------
\1\ Hazardous waste number.
\2\ Chemical abstracts service number.
\3\ Quantitation limit is greater than the calculated regulatory level.
  The quantitation limit therefore becomes the regulatory level.
\4\ If o-, m-, and p-Cresol concentrations cannot be differentiated, the
  total cresol (D026) concentration is used. The regulatory level of
  total cresol is 200 mg/l.


[55 FR 11862, Mar. 29, 1990, as amended at 55 FR 22684, June 1, 1990; 55 
FR 26987, June 29, 1990; 58 FR 46049, Aug. 31, 1993; 67 FR 11254, Mar. 
13, 2002; 71 FR 40259, July 14, 2006]



                   Subpart D_Lists of Hazardous Wastes



Sec. 261.30  General.

    (a) A solid waste is a hazardous waste if it is listed in this 
subpart, unless it has been excluded from this list under Secs. 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 Secs. 261.31 and 261.32.
    (c) Each hazardous waste listed in this subpart is assigned an EPA 
Hazardous Waste Number which precedes the name of the waste. This number 
must be used in complying with the notification requirements of Section 
3010 of the Act and certain recordkeeping and reporting requirements 
under parts 262 through 265, 267, 268, and 270 of this chapter.
    (d) The following hazardous wastes listed in Sec. 261.31 are subject 
to the exclusion limits for acutely hazardous wastes established in 
Sec. 261.5: EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026 and 
F027.

[45 FR 33119, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 
FR 2000, Jan. 14, 1985; 51 FR 40636, Nov. 7, 1986; 55 FR 11863, Mar. 29, 
1990; 75 FR 13002, Mar. 18, 2010]



Sec. 261.31  Hazardous wastes from non-specific sources.

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

[[Page 71]]



------------------------------------------------------------------------
Industry and EPA hazardous
         waste No.               Hazardous waste          Hazard code
------------------------------------------------------------------------
Generic:
  F001....................  The following spent       (T)
                             halogenated solvents
                             used in degreasing:
                             Tetrachloroethylene,
                             trichloroethylene,
                             methylene chloride,
                             1,1,1-trichloroethane,
                             carbon tetrachloride,
                             and chlorinated
                             fluorocarbons; all
                             spent solvent mixtures/
                             blends used in
                             degreasing containing,
                             before use, a total of
                             ten percent or more (by
                             volume) of one or more
                             of the above
                             halogenated solvents or
                             those solvents listed
                             in F002, F004, and
                             F005; and still bottoms
                             from the recovery of
                             these spent solvents
                             and spent solvent
                             mixtures.
  F002....................  The following spent       (T)
                             halogenated solvents:
                             Tetrachloroethylene,
                             methylene chloride,
                             trichloroethylene,
                             1,1,1-trichloroethane,
                             chlorobenzene, 1,1,2-
                             trichloro-1,2,2-
                             trifluoroethane, ortho-
                             dichlorobenzene,
                             trichlorofluoromethane,
                             and 1,1,2-
                             trichloroethane; all
                             spent solvent mixtures/
                             blends containing,
                             before use, a total of
                             ten percent or more (by
                             volume) of one or more
                             of the above
                             halogenated solvents or
                             those listed in F001,
                             F004, or F005; and
                             still bottoms from the
                             recovery of these spent
                             solvents and spent
                             solvent mixtures.
  F003....................  The following spent non-  (I)*
                             halogenated solvents:
                             Xylene, acetone, ethyl
                             acetate, ethyl benzene,
                             ethyl ether, methyl
                             isobutyl ketone, n-
                             butyl alcohol,
                             cyclohexanone, and
                             methanol; all spent
                             solvent mixtures/blends
                             containing, before use,
                             only the above spent
                             non-halogenated
                             solvents; and all spent
                             solvent mixtures/blends
                             containing, before use,
                             one or more of the
                             above non-halogenated
                             solvents, and, a total
                             of ten percent or more
                             (by volume) of one or
                             more of those solvents
                             listed in F001, F002,
                             F004, and F005; and
                             still bottoms from the
                             recovery of these spent
                             solvents and spent
                             solvent mixtures.
  F004....................  The following spent non-  (T)
                             halogenated solvents:
                             Cresols and cresylic
                             acid, and nitrobenzene;
                             all spent solvent
                             mixtures/blends
                             containing, before use,
                             a total of ten percent
                             or more (by volume) of
                             one or more of the
                             above non-halogenated
                             solvents or those
                             solvents listed in
                             F001, F002, and F005;
                             and still bottoms from
                             the recovery of these
                             spent solvents and
                             spent solvent mixtures.
  F005....................  The following spent non-  (I,T)
                             halogenated solvents:
                             Toluene, methyl ethyl
                             ketone, carbon
                             disulfide, isobutanol,
                             pyridine, benzene, 2-
                             ethoxyethanol, and 2-
                             nitropropane; all spent
                             solvent mixtures/blends
                             containing, before use,
                             a total of ten percent
                             or more (by volume) of
                             one or more of the
                             above non-halogenated
                             solvents or those
                             solvents listed in
                             F001, F002, or F004;
                             and still bottoms from
                             the recovery of these
                             spent solvents and
                             spent solvent mixtures.
  F006....................  Wastewater treatment      (T)
                             sludges from
                             electroplating
                             operations except from
                             the following
                             processes: (1) Sulfuric
                             acid anodizing of
                             aluminum; (2) tin
                             plating on carbon
                             steel; (3) zinc plating
                             (segregated basis) on
                             carbon steel; (4)
                             aluminum or zinc-
                             aluminum plating on
                             carbon steel; (5)
                             cleaning/stripping
                             associated with tin,
                             zinc and aluminum
                             plating on carbon
                             steel; and (6) chemical
                             etching and milling of
                             aluminum.
  F007....................  Spent cyanide plating     (R, T)
                             bath solutions from
                             electroplating
                             operations.
  F008....................  Plating bath residues     (R, T)
                             from the bottom of
                             plating baths from
                             electroplating
                             operations where
                             cyanides are used in
                             the process.
  F009....................  Spent stripping and       (R, T)
                             cleaning bath solutions
                             from electroplating
                             operations where
                             cyanides are used in
                             the process.
  F010....................  Quenching bath residues   (R, T)
                             from oil baths from
                             metal heat treating
                             operations where
                             cyanides are used in
                             the process.
  F011....................  Spent cyanide solutions   (R, T)
                             from salt bath pot
                             cleaning from metal
                             heat treating
                             operations.
  F012....................  Quenching waste water     (T)
                             treatment sludges from
                             metal heat treating
                             operations where
                             cyanides are used in
                             the process.
F019......................  Wastewater treatment      (T)
                             sludges from the
                             chemical conversion
                             coating of aluminum
                             except from zirconium
                             phosphating in aluminum
                             can washing when such
                             phosphating is an
                             exclusive conversion
                             coating process.
                             Wastewater treatment
                             sludges from the
                             manufacturing of motor
                             vehicles using a zinc
                             phosphating process
                             will not be subject to
                             this listing at the
                             point of generation if
                             the wastes are not
                             placed outside on the
                             land prior to shipment
                             to a landfill for
                             disposal and are
                             either: disposed in a
                             Subtitle D municipal or
                             industrial landfill
                             unit that is equipped
                             with a single clay
                             liner and is permitted,
                             licensed or otherwise
                             authorized by the
                             state; or disposed in a
                             landfill unit subject
                             to, or otherwise
                             meeting, the landfill
                             requirements in Sec.
                             258.40, Sec. 264.301
                             or Sec. 265.301. For
                             the purposes of this
                             listing, motor vehicle
                             manufacturing is
                             defined in paragraph
                             (b)(4)(i) of this
                             section and (b)(4)(ii)
                             of this section
                             describes the
                             recordkeeping
                             requirements for motor
                             vehicle manufacturing
                             facilities.
  F020....................  Wastes (except            (H)
                             wastewater 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            (H)
                             wastewater 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            (H)
                             wastewater 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.

[[Page 72]]

 
  F023....................  Wastes (except            (H)
                             wastewater 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,           (T)
                             including 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            (H)
                             wastewater 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       (T)
                             those that have not
                             come into contact with
                             process contaminants),
                             process residuals,
                             preservative drippage,
                             and spent formulations
                             from wood preserving
                             processes generated at
                             plants that currently
                             use or have previously
                             used chlorophenolic
                             formulations (except
                             potentially cross-
                             contaminated wastes
                             that have had the F032
                             waste code deleted in
                             accordance with Sec.
                             261.35 of this chapter
                             or potentially cross-
                             contaminated wastes
                             that are otherwise
                             currently regulated as
                             hazardous wastes (i.e.,
                             F034 or F035), and
                             where the generator
                             does not resume or
                             initiate use of
                             chlorophenolic
                             formulations). This
                             listing does not
                             include K001 bottom
                             sediment sludge from
                             the treatment of
                             wastewater from wood
                             preserving processes
                             that use creosote and/
                             or pentachlorophenol.
  F034....................  Wastewaters (except       (T)
                             those 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       (T)
                             those that have not
                             come into contact with
                             process contaminants),
                             process residuals,
                             preservative drippage,
                             and spent formulations
                             from wood preserving
                             processes generated at
                             plants that use
                             inorganic preservatives
                             containing arsenic or
                             chromium. This listing
                             does not include K001
                             bottom sediment sludge
                             from the treatment of
                             wastewater from wood
                             preserving processes
                             that use creosote and/
                             or pentachlorophenol.
  F037....................  Petroleum refinery        (T)
                             primary oil/water/
                             solids separation
                             sludge--Any sludge
                             generated from the
                             gravitational
                             separation of oil/water/
                             solids during the
                             storage or treatment of
                             process wastewaters and
                             oily cooling
                             wastewaters from
                             petroleum refineries.
                             Such sludges include,
                             but are not limited to,
                             those generated in oil/
                             water/solids
                             separators; tanks and
                             impoundments; ditches
                             and other conveyances;
                             sumps; and stormwater
                             units receiving dry
                             weather flow. Sludge
                             generated in stormwater
                             units that do not
                             receive dry weather
                             flow, sludges generated
                             from non-contact once-
                             through cooling waters
                             segregated for
                             treatment from other
                             process or oily cooling
                             waters, sludges
                             generated in aggressive
                             biological treatment
                             units as defined in
                             Sec. 261.31(b)(2)
                             (including sludges
                             generated in one or
                             more additional units
                             after wastewaters have
                             been treated in
                             aggressive biological
                             treatment units) and
                             K051 wastes are not
                             included in this
                             listing. This listing
                             does include residuals
                             generated from
                             processing or recycling
                             oil-bearing hazardous
                             secondary materials
                             excluded under Sec.
                             261.4(a)(12)(i), if
                             those residuals are to
                             be disposed of.

[[Page 73]]

 
  F038....................  Petroleum refinery        (T)
                             secondary (emulsified)
                             oil/water/solids
                             separation sludge--Any
                             sludge and/or float
                             generated from the
                             physical and/or
                             chemical separation of
                             oil/water/solids in
                             process wastewaters and
                             oily cooling
                             wastewaters from
                             petroleum refineries.
                             Such wastes include,
                             but are not limited to,
                             all sludges and floats
                             generated in: induced
                             air flotation (IAF)
                             units, tanks and
                             impoundments, and all
                             sludges generated in
                             DAF units. Sludges
                             generated in stormwater
                             units that do not
                             receive dry weather
                             flow, sludges generated
                             from non-contact once-
                             through cooling waters
                             segregated for
                             treatment from other
                             process or oily cooling
                             waters, sludges and
                             floats generated in
                             aggressive biological
                             treatment units as
                             defined in Sec.
                             261.31(b)(2) (including
                             sludges and floats
                             generated in one or
                             more additional units
                             after wastewaters have
                             been treated in
                             aggressive biological
                             treatment units) and
                             F037, K048, and K051
                             wastes are not included
                             in this listing.
  F039....................  Leachate (liquids that    (T)
                             have percolated through
                             land disposed wastes)
                             resulting from the
                             disposal of more than
                             one restricted waste
                             classified as hazardous
                             under subpart D of this
                             part. (Leachate
                             resulting from the
                             disposal of one or more
                             of the following EPA
                             Hazardous Wastes and no
                             other Hazardous Wastes
                             retains its EPA
                             Hazardous Waste
                             Number(s): F020, F021,
                             F022, F026, F027, and/
                             or F028.).
------------------------------------------------------------------------
*(I,T) should be used to specify mixtures that are ignitable and contain
  toxic constituents.

    (b) Listing Specific Definitions:
    (1) For the purposes of the F037 and F038 listings, oil/water/solids 
is defined as oil and/or water and/or solids.
    (2)(i) For the purposes of the F037 and F038 listings, aggressive 
biological treatment units are defined as units which employ one of the 
following four treatment methods: activated sludge; trickling filter; 
rotating biological contactor for the continuous accelerated biological 
oxidation of wastewaters; or high-rate aeration. High-rate aeration is a 
system of surface impoundments or tanks, in which intense mechanical 
aeration is used to completely mix the wastes, enhance biological 
activity, and (A) the units employ a minimum of 6 hp per million gallons 
of treatment volume; and either (B) the hydraulic retention time of the 
unit is no longer than 5 days; or (C) the hydraulic retention time is no 
longer than 30 days and the unit does not generate a sludge that is a 
hazardous waste by the Toxicity Characteristic.
    (ii) Generators and treatment, storage and disposal facilities have 
the burden of proving that their sludges are exempt from listing as F037 
and F038 wastes under this definition. Generators and treatment, storage 
and disposal facilities must maintain, in their operating or other 
onsite records, documents and data sufficient to prove that: (A) the 
unit is an aggressive biological treatment unit as defined in this 
subsection; and (B) the sludges sought to be exempted from the 
definitions of F037 and/or F038 were actually generated in the 
aggressive biological treatment unit.
    (3) (i) For the purposes of the F037 listing, sludges are considered 
to be generated at the moment of deposition in the unit, where 
deposition is defined as at least a temporary cessation of lateral 
particle movement.
    (ii) For the purposes of the F038 listing, (A) sludges are 
considered to be generated at the moment of deposition in the unit, 
where deposition is defined as at least a temporary cessation of lateral 
particle movement and (B) floats are considered to be generated at the 
moment they are formed in the top of the unit.
    (4) For the purposes of the F019 listing, the following apply to 
wastewater treatment sludges from the manufacturing of motor vehicles 
using a zinc phosphating process.
    (i) Motor vehicle manufacturing is defined to include the 
manufacture of automobiles and light trucks/utility vehicles (including 
light duty vans, pick-up trucks, minivans, and sport utility vehicles). 
Facilities must be engaged in manufacturing complete vehicles (body and 
chassis or unibody) or chassis only.
    (ii) Generators must maintain in their on-site records documentation 
and information sufficient to prove that the wastewater treatment 
sludges to be exempted from the F019 listing meet the conditions of the 
listing. These records must include: the volume of waste generated and 
disposed of

[[Page 74]]

off site; documentation showing when the waste volumes were generated 
and sent off site; the name and address of the receiving facility; and 
documentation confirming receipt of the waste by the receiving facility. 
Generators must maintain these documents on site for no less than three 
years. The retention period for the documentation is automatically 
extended during the course of any enforcement action or as requested by 
the Regional Administrator or the state regulatory authority.

[46 FR 4617, Jan. 16, 1981]

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



Sec. 261.32  Hazardous wastes from specific sources.

     (a)The following solid wastes are listed hazardous wastes from 
specific sources unless they are excluded under Secs. 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-
                                  dimethylhydrazine (UDMH)
                                  from carboxylic acid
                                  hydrazides.
  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.

[[Page 75]]

 
  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.

[[Page 76]]

 
  K181.........................  Nonwastewaters from the    (T)
                                  production of dyes and/
                                  or pigments (including
                                  nonwastewaters
                                  commingled at the point
                                  of generation with
                                  nonwastewaters from
                                  other processes) that,
                                  at the point of
                                  generation, contain mass
                                  loadings of any of the
                                  constituents identified
                                  in paragraph (c) of this
                                  section that are equal
                                  to or greater than the
                                  corresponding paragraph
                                  (c) levels, as
                                  determined on a calendar
                                  year basis. These wastes
                                  will not be hazardous if
                                  the nonwastewaters are:
                                  (i) disposed in a
                                  Subtitle D landfill unit
                                  subject to the design
                                  criteria in Sec.
                                  258.40, (ii) disposed in
                                  a Subtitle C landfill
                                  unit subject to either
                                  Sec. 264.301 or Sec.
                                  265.301, (iii) disposed
                                  in other Subtitle D
                                  landfill units that meet
                                  the design criteria in
                                  Sec. 258.40, Sec.
                                  264.301, or Sec.
                                  265.301, or (iv) treated
                                  in a combustion unit
                                  that is permitted under
                                  Subtitle C, or an onsite
                                  combustion unit that is
                                  permitted under the
                                  Clean Air Act. For the
                                  purposes of this
                                  listing, dyes and/or
                                  pigments production is
                                  defined in paragraph
                                  (b)(1) of this section.
                                  Paragraph (d) of this
                                  section describes the
                                  process for
                                  demonstrating that a
                                  facility's
                                  nonwastewaters are not
                                  K181. This listing does
                                  not apply to wastes that
                                  are otherwise identified
                                  as hazardous under Secs.
                                  261.21-261.24 and 261.31-
                                  261.33 at the point of
                                  generation. Also, the
                                  listing does not apply
                                  to wastes generated
                                  before any annual mass
                                  loading limit is met.
Inorganic chemicals:
  K071.........................  Brine purification muds    (T)
                                  from the mercury cell
                                  process in chlorine
                                  production, where
                                  separately prepurified
                                  brine is not used.
  K073.........................  Chlorinated hydrocarbon    (T)
                                  waste from the
                                  purification step of the
                                  diaphragm cell process
                                  using graphite anodes in
                                  chlorine production.
  K106.........................  Wastewater treatment       (T)
                                  sludge from the mercury
                                  cell process in chlorine
                                  production.
  K176.........................  Baghouse filters from the  (E)
                                  production of antimony
                                  oxide, including filters
                                  from the production of
                                  intermediates (e.g.,
                                  antimony metal or crude
                                  antimony oxide).
  K177.........................  Slag from the production   (T)
                                  of antimony oxide that
                                  is speculatively
                                  accumulated or disposed,
                                  including slag from the
                                  production of
                                  intermediates (e.g.,
                                  antimony metal or crude
                                  antimony oxide).
  K178.........................  Residues from              (T)
                                  manufacturing and
                                  manufacturing-site
                                  storage of ferric
                                  chloride from acids
                                  formed during the
                                  production of titanium
                                  dioxide using the
                                  chloride-ilmenite
                                  process.
Pesticides:
  K031.........................  By-product salts           (T)
                                  generated in the
                                  production of MSMA and
                                  cacodylic acid.
  K032.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of chlordane.
  K033.........................  Wastewater and scrub       (T)
                                  water from the
                                  chlorination of
                                  cyclopentadiene in the
                                  production of chlordane.
  K034.........................  Filter solids from the     (T)
                                  filtration of
                                  hexachlorocyclopentadien
                                  e in the production of
                                  chlordane.
  K035.........................  Wastewater treatment       (T)
                                  sludges generated in the
                                  production of creosote.
  K036.........................  Still bottoms from         (T)
                                  toluene reclamation
                                  distillation in the
                                  production of disulfoton.
  K037.........................  Wastewater treatment       (T)
                                  sludges from the
                                  production of disulfoton.
  K038.........................  Wastewater from the        (T)
                                  washing and stripping of
                                  phorate production.
  K039.........................  Filter cake from the       (T)
                                  filtration of
                                  diethylphosphorodithioic
                                  acid in the production
                                  of phorate.
  K040.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of phorate.
  K041.........................  Wastewater treatment       (T)
                                  sludge from the
                                  production of toxaphene.
  K042.........................  Heavy ends or              (T)
                                  distillation residues
                                  from the distillation of
                                  tetrachlorobenzene in
                                  the production of 2,4,5-
                                  T.
  K043.........................  2,6-Dichlorophenol waste   (T)
                                  from the production of
                                  2,4-D.
  K097.........................  Vacuum stripper discharge  (T)
                                  from the chlordane
                                  chlorinator in the
                                  production of chlordane.
  K098.........................  Untreated process          (T)
                                  wastewater from the
                                  production of toxaphene.
  K099.........................  Untreated wastewater from  (T)
                                  the production of 2,4-D.
  K123.........................  Process wastewater         (T)
                                  (including supernates,
                                  filtrates, and
                                  washwaters) from the
                                  production of
                                  ethylenebisdithiocarbami
                                  c acid and its salt.
  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.

[[Page 77]]

 
  K049.........................  Slop oil emulsion solids   (T)
                                  from the petroleum
                                  refining industry.
  K050.........................  Heat exchanger bundle      (T)
                                  cleaning sludge from the
                                  petroleum refining
                                  industry.
  K051.........................  API separator sludge from  (T)
                                  the petroleum refining
                                  industry.
  K052.........................  Tank bottoms (leaded)      (T)
                                  from the petroleum
                                  refining industry.
  K169.........................  Crude oil storage tank     (T)
                                  sediment from petroleum
                                  refining operations.
  K170.........................  Clarified slurry oil tank  (T)
                                  sediment and/or in-line
                                  filter/separation solids
                                  from petroleum refining
                                  operations.
  K171.........................  Spent Hydrotreating        (I,T)
                                  catalyst from petroleum
                                  refining operations,
                                  including guard beds
                                  used to desulfurize
                                  feeds to other catalytic
                                  reactors (this listing
                                  does not include inert
                                  support media).
  K172.........................  Spent Hydrorefining        (I,T)
                                  catalyst from petroleum
                                  refining operations,
                                  including guard beds
                                  used to desulfurize
                                  feeds to other catalytic
                                  reactors (this listing
                                  does not include inert
                                  support media).
Iron and steel:
  K061.........................  Emission control dust/     (T)
                                  sludge from the primary
                                  production of steel in
                                  electric furnaces.
  K062.........................  Spent pickle liquor        (C,T)
                                  generated by steel
                                  finishing operations of
                                  facilities within the
                                  iron and steel industry
                                  (SIC Codes 331 and 332).
Primary aluminum:
  K088.........................  Spent potliners from       (T)
                                  primary aluminum
                                  reduction.
Secondary lead:
  K069.........................  Emission control dust/     (T)
                                  sludge from secondary
                                  lead smelting. (Note:
                                  This listing is stayed
                                  administratively for
                                  sludge generated from
                                  secondary acid scrubber
                                  systems. The stay will
                                  remain in effect until
                                  further administrative
                                  action is taken. If EPA
                                  takes further action
                                  effecting this stay, EPA
                                  will publish a notice of
                                  the action in the
                                  Federal Register).
  K100.........................  Waste leaching solution    (T)
                                  from acid leaching of
                                  emission control dust/
                                  sludge from secondary
                                  lead smelting.
Veterinary pharmaceuticals:
  K084.........................  Wastewater treatment       (T)
                                  sludges generated during
                                  the production of
                                  veterinary
                                  pharmaceuticals from
                                  arsenic or organo-
                                  arsenic compounds.
  K101.........................  Distillation tar residues  (T)
                                  from the distillation of
                                  aniline-based compounds
                                  in the production of
                                  veterinary
                                  pharmaceuticals from
                                  arsenic or organo-
                                  arsenic compounds.
  K102.........................  Residue from the use of    (T)
                                  activated carbon for
                                  decolorization in the
                                  production of veterinary
                                  pharmaceuticals from
                                  arsenic or organo-
                                  arsenic compounds.
Ink formulation:
  K086.........................  Solvent washes and         (T)
                                  sludges, caustic washes
                                  and sludges, or water
                                  washes and sludges from
                                  cleaning tubs and
                                  equipment used in the
                                  formulation of ink from
                                  pigments, driers, soaps,
                                  and stabilizers
                                  containing chromium and
                                  lead.
Coking:
  K060.........................  Ammonia still lime sludge  (T)
                                  from coking operations.
  K087.........................  Decanter tank tar sludge   (T)
                                  from coking operations.
  K141.........................  Process residues from the  (T)
                                  recovery of coal tar,
                                  including, but not
                                  limited to, collecting
                                  sump residues from the
                                  production of coke from
                                  coal or the recovery of
                                  coke by-products
                                  produced from coal. This
                                  listing does not include
                                  K087 (decanter tank tar
                                  sludges from coking
                                  operations).
  K142.........................  Tar storage tank residues  (T)
                                  from the production of
                                  coke from coal or from
                                  the recovery of coke by-
                                  products produced from
                                  coal.
  K143.........................  Process residues from the  (T)
                                  recovery of light oil,
                                  including, but not
                                  limited to, those
                                  generated in stills,
                                  decanters, and wash oil
                                  recovery units from the
                                  recovery of coke by-
                                  products produced from
                                  coal.
  K144.........................  Wastewater sump residues   (T)
                                  from light oil refining,
                                  including, but not
                                  limited to, intercepting
                                  or contamination sump
                                  sludges from the
                                  recovery of coke by-
                                  products produced from
                                  coal.
  K145.........................  Residues from naphthalene  (T)
                                  collection and recovery
                                  operations from the
                                  recovery of coke by-
                                  products produced from
                                  coal.
  K147.........................  Tar storage tank residues  (T)
                                  from coal tar refining.
  K148.........................  Residues from coal tar     (T)
                                  distillation, including
                                  but not limited to,
                                  still bottoms.
------------------------------------------------------------------------

    (b) Listing Specific Definitions: (1) For the purposes of the K181 
listing, dyes and/or pigments production is defined to include 
manufacture of the following product classes: dyes, pigments, or FDA 
certified colors that are classified as azo, triarylmethane, perylene or 
anthraquinone classes. Azo products include azo, monoazo, diazo, triazo, 
polyazo, azoic, benzidine, and pyrazolone products. Triarylmethane 
products include both triarylmethane and triphenylmethane products. 
Wastes that are not generated at a dyes and/or pigments manufacturing 
site, such as

[[Page 78]]

wastes from the offsite use, formulation, and packaging of dyes and/or 
pigments, are not included in the K181 listing.
    (c) K181 Listing Levels. Nonwastewaters containing constituents in 
amounts equal to or exceeding the following levels during any calendar 
year are subject to the K181 listing, unless the conditions in the K181 
listing are met.

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

    (d) Procedures for demonstrating that dyes and/or pigment 
nonwastewaters are not K181. The procedures described in paragraphs 
(d)(1)-(d)(3) and (d)(5) of this section establish when nonwastewaters 
from the production of dyes/pigments would not be hazardous (these 
procedures apply to wastes that are not disposed in landfill units or 
treated in combustion units as specified in paragraph (a) of this 
section). If the nonwastewaters are disposed in landfill units or 
treated in combustion units as described in paragraph (a) of this 
section, then the nonwastewaters are not hazardous. In order to 
demonstrate that it is meeting the landfill disposal or combustion 
conditions contained in the K181 listing description, the generator must 
maintain documentation as described in paragraph (d)(4) of this section.
    (1) Determination based on no K181 constituents. Generators that 
have knowledge (e.g., knowledge of constituents in wastes based on prior 
sampling and analysis data and/or information about raw materials used, 
production processes used, and reaction and degradation products formed) 
that their wastes contain none of the K181 constituents (see paragraph 
(c) of this section) can use their knowledge to determine that their 
waste is not K181. The generator must document the basis for all such 
determinations on an annual basis and keep each annual documentation for 
three years.
    (2) Determination for generated quantities of 1,000 MT/yr or less 
for wastes that contain K181 constituents. If the total annual quantity 
of dyes and/or pigment nonwastewaters generated is 1,000 metric tons or 
less, the generator can use knowledge of the wastes (e.g., knowledge of 
constituents in wastes based on prior analytical data and/or information 
about raw materials used, production processes used, and reaction and 
degradation products formed) to conclude that annual mass loadings for 
the K181 constituents are below the listing levels of paragraph (c) of 
this section. To make this determination, the generator must:
    (i) Each year document the basis for determining that the annual 
quantity of nonwastewaters expected to be generated will be less than 
1,000 metric tons.
    (ii) Track the actual quantity of nonwastewaters generated from 
January 1 through December 31 of each year. If, at any time within the 
year, the actual waste quantity exceeds 1,000 metric tons, the generator 
must comply with the requirements of paragraph (d)(3) of this section 
for the remainder of the year.
    (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

[[Page 79]]

in the wastes based on knowledge of the wastes (e.g., based on prior 
sampling and analysis data and/or information about raw materials used, 
production processes used, and reaction and degradation products 
formed).
    (ii) If 1,2-phenylenediamine is present in the wastes, the generator 
can use either knowledge or sampling and analysis procedures to 
determine the level of this constituent in the wastes. For 
determinations based on use of knowledge, the generator must comply with 
the procedures for using knowledge described in paragraph (d)(2) of this 
section and keep the records described in paragraph (d)(2)(iv) of this 
section. For determinations based on sampling and analysis, the 
generator must comply with the sampling and analysis and recordkeeping 
requirements described below in this section.
    (iii) Develop a waste sampling and analysis plan (or modify an 
existing plan) to collect and analyze representative waste samples for 
the K181 constituents reasonably expected to be present in the wastes. 
At a minimum, the plan must include:
    (A) A discussion of the number of samples needed to characterize the 
wastes fully;
    (B) The planned sample collection method to obtain representative 
waste samples;
    (C) A discussion of how the sampling plan accounts for potential 
temporal and spatial variability of the wastes.
    (D) A detailed description of the test methods to be used, including 
sample preparation, clean up (if necessary), and determinative methods.
    (iv) Collect and analyze samples in accordance with the waste 
sampling and analysis plan.
    (A) The sampling and analysis must be unbiased, precise, and 
representative of the wastes.
    (B) The analytical measurements must be sufficiently sensitive, 
accurate and precise to support any claim that the constituent mass 
loadings are below the listing levels of paragraph (c) of this section.
    (v) Record the analytical results.
    (vi) Record the waste quantity represented by the sampling and 
analysis results.
    (vii) Calculate constituent-specific mass loadings (product of 
concentrations and waste quantity).
    (viii) Keep a running total of the K181 constituent mass loadings 
over the course of the calendar year.
    (ix) Determine whether the mass of any of the K181 constituents 
listed in paragraph (c) of this section generated between January 1 and 
December 31 of any year is below the K181 listing levels.
    (x) Keep the following records on site for the three most recent 
calendar years in which the hazardous waste determinations are made:
    (A) The sampling and analysis plan.
    (B) The sampling and analysis results (including QA/QC data)
    (C) The quantity of dyes and/or pigment nonwastewaters generated.
    (D) The calculations performed to determine annual mass loadings.
    (xi) Nonhazardous waste determinations must be conducted annually to 
verify that the wastes remain nonhazardous.
    (A) The annual testing requirements are suspended after three 
consecutive successful annual demonstrations that the wastes are 
nonhazardous. The generator can then use knowledge of the wastes to 
support subsequent annual determinations.
    (B) The annual testing requirements are reinstated if the 
manufacturing or waste treatment processes generating the wastes are 
significantly altered, resulting in an increase of the potential for the 
wastes to exceed the listing levels.
    (C) If the annual testing requirements are suspended, the generator 
must keep records of the process knowledge information used to support a 
nonhazardous determination. If testing is reinstated, a description of 
the process change must be retained.
    (4) Recordkeeping for the landfill disposal and combustion 
exemptions. For the purposes of meeting the landfill disposal and 
combustion condition set out in the K181 listing description, the 
generator must maintain on site for three years documentation 
demonstrating that each shipment of waste was received by a landfill 
unit that is subject to or meets the landfill design

[[Page 80]]

standards set out in the listing description, or was treated in 
combustion units as specified in the listing description.
    (5) Waste holding and handling. During the interim period, from the 
point of generation to completion of the hazardous waste determination, 
the generator is responsible for storing the wastes appropriately. If 
the wastes are determined to be hazardous and the generator has not 
complied with the subtitle C requirements during the interim period, the 
generator could be subject to an enforcement action for improper 
management.

[46 FR 4618, Jan. 16, 1981]

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



Sec. 261.33  Discarded commercial chemical products, off-specification
species, container residues, and spill residues thereof.

    The following materials or items are hazardous wastes if and when 
they are discarded or intended to be discarded as described in 
Sec. 261.2(a)(2)(i), when they are mixed with waste oil or used oil or 
other material and applied to the land for dust suppression or road 
treatment, when they are otherwise applied to the land in lieu of their 
original intended use or when they are contained in products that are 
applied to the land in lieu of their original intended use, or when, in 
lieu of their original intended use, they are produced for use as (or as 
a component of) a fuel, distributed for use as a fuel, or burned as a 
fuel.
    (a) Any commercial chemical product, or manufacturing chemical 
intermediate having the generic name listed in paragraph (e) or (f) of 
this section.
    (b) Any off-specification commercial chemical product or 
manufacturing chemical intermediate which, if it met specifications, 
would have the generic name listed in paragraph (e) or (f) of this 
section.
    (c) Any residue remaining in a container or in an inner liner 
removed from a container that has held any commercial chemical product 
or manufacturing chemical intermediate having the generic name listed in 
paragraphs (e) or (f) of this section, unless the container is empty as 
defined in Sec. 261.7(b) of this chapter.

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

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

[[Page 81]]

section, are identified as acute hazardous wastes (H).

[Comment: For the convenience of the regulated community the primary 
hazardous properties of these materials have been indicated by the 
letters T (Toxicity), and R (Reactivity). Absence of a letter indicates 
that the compound only is listed for acute toxicity. Wastes are first 
listed in alphabetical order by substance and then listed again in 
numerical order by Hazardous Waste Number.]

    These wastes and their corresponding EPA Hazardous Waste Numbers 
are:

------------------------------------------------------------------------
                      Chemical
  Hazardous waste     abstracts                  Substance
        No.              No.
------------------------------------------------------------------------
P023                    107-20-0  Acetaldehyde, chloro-
P002                    591-08-2  Acetamide, N-(aminothioxomethyl)-
P057                    640-19-7  Acetamide, 2-fluoro-
P058                     62-74-8  Acetic acid, fluoro-, sodium salt
P002                    591-08-2  1-Acetyl-2-thiourea
P003                    107-02-8  Acrolein
P070                    116-06-3  Aldicarb
P203                   1646-88-4  Aldicarb sulfone.
P004                    309-00-2  Aldrin
P005                    107-18-6  Allyl alcohol
P006                  20859-73-8  Aluminum phosphide (R,T)
P007                   2763-96-4  5-(Aminomethyl)-3-isoxazolol
P008                    504-24-5  4-Aminopyridine
P009                    131-74-8  Ammonium picrate (R)
P119                   7803-55-6  Ammonium vanadate
P099                    506-61-6  Argentate(1-), bis(cyano-C)-,
                                   potassium
P010                   7778-39-4  Arsenic acid H3 AsO4
P012                   1327-53-3  Arsenic oxide As2 O3
P011                   1303-28-2  Arsenic oxide As2 O5
P011                   1303-28-2  Arsenic pentoxide
P012                   1327-53-3  Arsenic trioxide
P038                    692-42-2  Arsine, diethyl-
P036                    696-28-6  Arsonous dichloride, phenyl-
P054                    151-56-4  Aziridine
P067                     75-55-8  Aziridine, 2-methyl-
P013                    542-62-1  Barium cyanide
P024                    106-47-8  Benzenamine, 4-chloro-
P077                    100-01-6  Benzenamine, 4-nitro-
P028                    100-44-7  Benzene, (chloromethyl)-
P042                     51-43-4  1,2-Benzenediol, 4-[1-hydroxy-2-
                                   (methylamino)ethyl]-, (R)-
P046                    122-09-8  Benzeneethanamine, alpha,alpha-
                                   dimethyl-
P014                    108-98-5  Benzenethiol
P127                   1563-66-2  7-Benzofuranol, 2,3-dihydro-2,2-
                                   dimethyl-, methylcarbamate.
P188                     57-64-7  Benzoic acid, 2-hydroxy-, compd. with
                                   (3aS-cis)-1,2,3,3a,8,8a-hexahydro-
                                   1,3a,8-trimethylpyrrolo[2,3-b]indol-5-
                                   yl methylcarbamate ester (1:1).
P001                 \1\ 81-81-2  2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
                                   oxo-1-phenylbutyl)-, & salts, when
                                   present at concentrations greater
                                   than 0.3%
P028                    100-44-7  Benzyl chloride
P015                   7440-41-7  Beryllium powder
P017                    598-31-2  Bromoacetone
P018                    357-57-3  Brucine
P045                  39196-18-4  2-Butanone, 3,3-dimethyl-1-
                                   (methylthio)-,
                                    O-[(methylamino)carbonyl] oxime
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

[[Page 82]]

 
P033                    506-77-4  Cyanogen chloride
P033                    506-77-4  Cyanogen chloride (CN)Cl
P034                    131-89-5  2-Cyclohexyl-4,6-dinitrophenol
P016                    542-88-1  Dichloromethyl ether
P036                    696-28-6  Dichlorophenylarsine
P037                     60-57-1  Dieldrin
P038                    692-42-2  Diethylarsine
P041                    311-45-5  Diethyl-p-nitrophenyl phosphate
P040                    297-97-2  O,O-Diethyl O-pyrazinyl
                                   phosphorothioate
P043                     55-91-4  Diisopropylfluorophosphate (DFP)
P004                    309-00-2  1,4,5,8-Dimethanonaphthalene,
                                   1,2,3,4,10,10-hexa- chloro-
                                   1,4,4a,5,8,8a,-hexahydro-,
                                   (1alpha,4alpha,4abeta,5alpha,8alpha,8
                                   abeta)-
 
P060                    465-73-6  1,4,5,8-Dimethanonaphthalene,
                                   1,2,3,4,10,10-hexa- chloro-
                                   1,4,4a,5,8,8a-hexahydro-,
                                   (1alpha,4alpha,4abeta,5beta,8beta,8ab
                                   eta)-
 
P037                     60-57-1  2,7:3,6-Dimethanonaphth[2,3-b]oxirene,
                                   3,4,5,6,9,9-hexachloro-
                                   1a,2,2a,3,6,6a,7,7a-octahydro-,
                                   (1aalpha,2beta,2aalpha,3beta,6beta,6a
                                   alpha,7beta, 7aalpha)-
P051                 \1\ 72-20-8  2,7:3,6-Dimethanonaphth [2,3-
                                   b]oxirene, 3,4,5,6,9,9-hexachloro-
                                   1a,2,2a,3,6,6a,7,7a-octahydro-,
                                   (1aalpha,2beta,2abeta,3alpha,6alpha,6
                                   abeta,7beta, 7aalpha)-, & metabolites
P044                     60-51-5  Dimethoate
P046                    122-09-8  alpha,alpha-Dimethylphenethylamine
P191                    644-64-4  Dimetilan.
P047                \1\ 534-52-1  4,6-Dinitro-o-cresol, & salts
P048                     51-28-5  2,4-Dinitrophenol
P020                     88-85-7  Dinoseb
P085                    152-16-9  Diphosphoramide, octamethyl-
P111                    107-49-3  Diphosphoric acid, tetraethyl ester
P039                    298-04-4  Disulfoton
P049                    541-53-7  Dithiobiuret
P185                  26419-73-8  1,3-Dithiolane-2-carboxaldehyde, 2,4-
                                   dimethyl-, O- [(methylamino)-
                                   carbonyl]oxime.
P050                    115-29-7  Endosulfan
P088                    145-73-3  Endothall
P051                     72-20-8  Endrin
P051                     72-20-8  Endrin, & metabolites
P042                     51-43-4  Epinephrine
P031                    460-19-5  Ethanedinitrile
P194                  23135-22-0  Ethanimidothioic acid, 2-
                                   (dimethylamino)-N-[[(methylamino)
                                   carbonyl]oxy]-2-oxo-, methyl ester.
P066                  16752-77-5  Ethanimidothioic acid,
                                    N-[[(methylamino)carbonyl]oxy]-,
                                   methyl ester
P101                    107-12-0  Ethyl cyanide
P054                    151-56-4  Ethyleneimine
P097                     52-85-7  Famphur
P056                   7782-41-4  Fluorine
P057                    640-19-7  Fluoroacetamide
P058                     62-74-8  Fluoroacetic acid, sodium salt
P198                  23422-53-9  Formetanate hydrochloride.
P197                  17702-57-7  Formparanate.
P065                    628-86-4  Fulminic acid, mercury(2 + ) salt
                                   (R,T)
P059                     76-44-8  Heptachlor
P062                    757-58-4  Hexaethyl tetraphosphate
P116                     79-19-6  Hydrazinecarbothioamide
P068                     60-34-4  Hydrazine, methyl-
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

[[Page 83]]

 
P059                     76-44-8  4,7-Methano-1H-indene, 1,4,5,6,7,8,8-
                                   heptachloro-
                                    3a,4,7,7a-tetrahydro-
P199                   2032-65-7  Methiocarb.
P066                  16752-77-5  Methomyl
P068                     60-34-4  Methyl hydrazine
P064                    624-83-9  Methyl isocyanate
P069                     75-86-5  2-Methyllactonitrile
P071                    298-00-0  Methyl parathion
P190                   1129-41-5  Metolcarb.
P128                     315-8-4  Mexacarbate.
P072                     86-88-4  alpha-Naphthylthiourea
P073                  13463-39-3  Nickel carbonyl
P073                  13463-39-3  Nickel carbonyl Ni(CO)4, (T-4)-
P074                    557-19-7  Nickel cyanide
P074                    557-19-7  Nickel cyanide Ni(CN)2
P075                 \1\ 54-11-5  Nicotine, & salts
P076                  10102-43-9  Nitric oxide
P077                    100-01-6  p-Nitroaniline
P078                  10102-44-0  Nitrogen dioxide
P076                  10102-43-9  Nitrogen oxide NO
P078                  10102-44-0  Nitrogen oxide NO2
P081                     55-63-0  Nitroglycerine (R)
P082                     62-75-9  N-Nitrosodimethylamine
P084                   4549-40-0  N-Nitrosomethylvinylamine
P085                    152-16-9  Octamethylpyrophosphoramide
P087                  20816-12-0  Osmium oxide OsO4, (T-4)-
P087                  20816-12-0  Osmium tetroxide
P088                    145-73-3  7-Oxabicyclo[2.2.1]heptane-2,3-
                                   dicarboxylic acid
P194                  23135-22-0  Oxamyl.
P089                     56-38-2  Parathion
P034                    131-89-5  Phenol, 2-cyclohexyl-4,6-dinitro-
P048                     51-28-5  Phenol, 2,4-dinitro-
P047                \1\ 534-52-1  Phenol, 2-methyl-4,6-dinitro-, & salts
P020                     88-85-7  Phenol, 2-(1-methylpropyl)-4,6-dinitro-
 
P009                    131-74-8  Phenol, 2,4,6-trinitro-, ammonium salt
                                   (R)
P128                    315-18-4  Phenol, 4-(dimethylamino)-3,5-dimethyl-
                                   , methylcarbamate (ester).
P199                   2032-65-7  Phenol, (3,5-dimethyl-4-(methylthio)-,
                                   methylcarbamate
P202                     64-00-6  Phenol, 3-(1-methylethyl)-, methyl
                                   carbamate.
P201                   2631-37-0  Phenol, 3-methyl-5-(1-methylethyl)-,
                                   methyl carbamate.
P092                     62-38-4  Phenylmercury acetate
P093                    103-85-5  Phenylthiourea
P094                    298-02-2  Phorate
P095                     75-44-5  Phosgene
P096                   7803-51-2  Phosphine
P041                    311-45-5  Phosphoric acid, diethyl 4-nitrophenyl
                                   ester
P039                    298-04-4  Phosphorodithioic acid, O,O-diethyl
                                    S-[2-(ethylthio)ethyl] ester
P094                    298-02-2  Phosphorodithioic acid, O,O-diethyl
                                    S-[(ethylthio)methyl] ester
P044                     60-51-5  Phosphorodithioic acid, O,O-dimethyl S-
                                   [2-(methyl amino)-2-oxoethyl] ester
P043                     55-91-4  Phosphorofluoridic acid, bis(1-
                                   methylethyl) ester
P089                     56-38-2  Phosphorothioic acid, O,O-diethyl O-(4-
                                   nitrophenyl) ester
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

[[Page 84]]

 
P003                    107-02-8  2-Propenal
P005                    107-18-6  2-Propen-1-ol
P067                     75-55-8  1,2-Propylenimine
P102                    107-19-7  2-Propyn-1-ol
P008                    504-24-5  4-Pyridinamine
P075                 \1\ 54-11-5  Pyridine, 3-(1-methyl-2-pyrrolidinyl)-
                                   , (S)-, & salts
P204                     57-47-6  Pyrrolo[2,3-b]indol-5-ol,
                                   1,2,3,3a,8,8a-hexahydro-1,3a,8-
                                   trimethyl-,
                                    methylcarbamate (ester), (3aS-cis)-.
P114                  12039-52-0  Selenious acid, dithallium(1 + ) salt
P103                    630-10-4  Selenourea
P104                    506-64-9  Silver cyanide
P104                    506-64-9  Silver cyanide Ag(CN)
P105                  26628-22-8  Sodium azide
P106                    143-33-9  Sodium cyanide
P106                    143-33-9  Sodium cyanide Na(CN)
P108                 \1\ 57-24-9  Strychnidin-10-one, & salts
P018                    357-57-3  Strychnidin-10-one, 2,3-dimethoxy-
P108                 \1\ 57-24-9  Strychnine, & salts
P115                   7446-18-6  Sulfuric acid, dithallium(1 + ) salt
P109                   3689-24-5  Tetraethyldithiopyrophosphate
P110                     78-00-2  Tetraethyl lead
P111                    107-49-3  Tetraethyl pyrophosphate
P112                    509-14-8  Tetranitromethane (R)
P062                    757-58-4  Tetraphosphoric acid, hexaethyl ester
P113                   1314-32-5  Thallic oxide
P113                   1314-32-5  Thallium oxide Tl2 O3
P114                  12039-52-0  Thallium(I) selenite
P115                   7446-18-6  Thallium(I) sulfate
P109                   3689-24-5  Thiodiphosphoric acid, tetraethyl
                                   ester
P045                  39196-18-4  Thiofanox
P049                    541-53-7  Thioimidodicarbonic diamide [(H2
                                   N)C(S)]2 NH
P014                    108-98-5  Thiophenol
P116                     79-19-6  Thiosemicarbazide
P026                   5344-82-1  Thiourea, (2-chlorophenyl)-
P072                     86-88-4  Thiourea, 1-naphthalenyl-
P093                    103-85-5  Thiourea, phenyl-
P185                  26419-73-8  Tirpate.
P123                   8001-35-2  Toxaphene
P118                     75-70-7  Trichloromethanethiol
P119                   7803-55-6  Vanadic acid, ammonium salt
P120                   1314-62-1  Vanadium oxide V2 O5
P120                   1314-62-1  Vanadium pentoxide
P084                   4549-40-0  Vinylamine, N-methyl-N-nitroso-
P001                 \1\ 81-81-2  Warfarin, & salts, when present at
                                   concentrations greater than 0.3%
P205                    137-30-4  Zinc, bis(dimethylcarbamodithioato-
                                   S,S')-,
P121                    557-21-1  Zinc cyanide
P121                    557-21-1  Zinc cyanide Zn(CN)2
P122                   1314-84-7  Zinc phosphide Zn3 P2, when present at
                                   concentrations greater than 10% (R,T)
P205                    137-30-4  Ziram.
P001                 \1\ 81-81-2  2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
                                   oxo-1-phenylbutyl)-, & salts, when
                                   present at concentrations greater
                                   than 0.3%
P001                 \1\ 81-81-2  Warfarin, & salts, when present at
                                   concentrations greater than 0.3%
P002                    591-08-2  Acetamide, -(aminothioxomethyl)-
P002                    591-08-2  1-Acetyl-2-thiourea
P003                    107-02-8  Acrolein
P003                    107-02-8  2-Propenal
P004                    309-00-2  Aldrin
P004                    309-00-2  1,4,5,8-Dimethanonaphthalene,
                                   1,2,3,4,10,10-hexa-chloro-
                                   1,4,4a,5,8,8a,-hexahydro-,
                                   (1alpha,4alpha,4abeta,5alpha,8alpha,8
                                   abeta)-
P005                    107-18-6  Allyl alcohol
P005                    107-18-6  2-Propen-1-ol
P006                  20859-73-8  Aluminum phosphide (R,T)
P007                   2763-96-4  5-(Aminomethyl)-3-isoxazolol
P007                   2763-96-4  3(2H)-Isoxazolone, 5-(aminomethyl)-
P008                    504-24-5  4-Aminopyridine
P008                    504-24-5  4-Pyridinamine
P009                    131-74-8  Ammonium picrate (R)
P009                    131-74-8  Phenol, 2,4,6-trinitro-, ammonium salt
                                   (R)
P010                   7778-39-4  Arsenic acid H3 AsO4
P011                   1303-28-2  Arsenic oxide As2 O5
P011                   1303-28-2  Arsenic pentoxide
P012                   1327-53-3  Arsenic oxide As2 O3

[[Page 85]]

 
P012                   1327-53-3  Arsenic trioxide
P013                    542-62-1  Barium cyanide
P014                    108-98-5  Benzenethiol
P014                    108-98-5  Thiophenol
P015                   7440-41-7  Beryllium powder
P016                    542-88-1  Dichloromethyl ether
P016                    542-88-1  Methane, oxybis[chloro-
P017                    598-31-2  Bromoacetone
P017                    598-31-2  2-Propanone, 1-bromo-
P018                    357-57-3  Brucine
P018                    357-57-3  Strychnidin-10-one, 2,3-dimethoxy-
P020                     88-85-7  Dinoseb
P020                     88-85-7  Phenol, 2-(1-methylpropyl)-4,6-dinitro-
 
P021                    592-01-8  Calcium cyanide
P021                    592-01-8  Calcium cyanide Ca(CN)2
P022                     75-15-0  Carbon disulfide
P023                    107-20-0  Acetaldehyde, chloro-
P023                    107-20-0  Chloroacetaldehyde
P024                    106-47-8  Benzenamine, 4-chloro-
P024                    106-47-8  p-Chloroaniline
P026                   5344-82-1  1-(o-Chlorophenyl)thiourea
P026                   5344-82-1  Thiourea, (2-chlorophenyl)-
P027                    542-76-7  3-Chloropropionitrile
P027                    542-76-7  Propanenitrile, 3-chloro-
P028                    100-44-7  Benzene, (chloromethyl)-
P028                    100-44-7  Benzyl chloride
P029                    544-92-3  Copper cyanide
P029                    544-92-3  Copper cyanide Cu(CN)
P030                ............  Cyanides (soluble cyanide salts), not
                                   otherwise specified
P031                    460-19-5  Cyanogen
P031                    460-19-5  Ethanedinitrile
P033                    506-77-4  Cyanogen chloride
P033                    506-77-4  Cyanogen chloride (CN)Cl
P034                    131-89-5  2-Cyclohexyl-4,6-dinitrophenol
P034                    131-89-5  Phenol, 2-cyclohexyl-4,6-dinitro-
P036                    696-28-6  Arsonous dichloride, phenyl-
P036                    696-28-6  Dichlorophenylarsine
P037                     60-57-1  Dieldrin
P037                     60-57-1  2,7:3,6-Dimethanonaphth[2,3-b]oxirene,
                                   3,4,5,6,9,9-hexachloro-
                                   1a,2,2a,3,6,6a,7,7a-octahydro-,
                                   (1aalpha,2beta,2aalpha,3beta,6beta,6a
                                   alpha,7beta, 7aalpha)-
P038                    692-42-2  Arsine, diethyl-
P038                    692-42-2  Diethylarsine
P039                    298-04-4  Disulfoton
P039                    298-04-4  Phosphorodithioic acid, O,O-diethyl S-
                                   [2-(ethylthio)ethyl] ester
P040                    297-97-2  O,O-Diethyl O-pyrazinyl
                                   phosphorothioate
P040                    297-97-2  Phosphorothioic acid, O,O-diethyl O-
                                   pyrazinyl ester
P041                    311-45-5  Diethyl-p-nitrophenyl phosphate
P041                    311-45-5  Phosphoric acid, diethyl 4-nitrophenyl
                                   ester
P042                     51-43-4  1,2-Benzenediol, 4-[1-hydroxy-2-
                                   (methylamino)ethyl]-, (R)-
P042                     51-43-4  Epinephrine
P043                     55-91-4  Diisopropylfluorophosphate (DFP)
P043                     55-91-4  Phosphorofluoridic acid, bis(1-
                                   methylethyl) ester
P044                     60-51-5  Dimethoate
P044                     60-51-5  Phosphorodithioic acid, O,O-dimethyl S-
                                   [2-(methyl amino)-2-oxoethyl] ester
P045                  39196-18-4  2-Butanone, 3,3-dimethyl-1-
                                   (methylthio)-, O-
                                   [(methylamino)carbonyl] oxime
P045                  39196-18-4  Thiofanox
P046                    122-09-8  Benzeneethanamine, alpha,alpha-
                                   dimethyl-
P046                    122-09-8  alpha,alpha-Dimethylphenethylamine
P047                \1\ 534-52-1  4,6-Dinitro-o-cresol, & salts
P047                \1\ 534-52-1  Phenol, 2-methyl-4,6-dinitro-, & salts
P048                     51-28-5  2,4-Dinitrophenol
P048                     51-28-5  Phenol, 2,4-dinitro-
P049                    541-53-7  Dithiobiuret
P049                    541-53-7  Thioimidodicarbonic diamide [(H2
                                   N)C(S)]2 NH
P050                    115-29-7  Endosulfan
P050                    115-29-7  6,9-Methano-2,4,3-benzodioxathiepin,
                                   6,7,8,9,10,10-hexachloro-
                                   1,5,5a,6,9,9a-hexahydro-, 3-oxide
P051                 \1\ 72-20-8  2,7:3,6-Dimethanonaphth [2,3-
                                   b]oxirene, 3,4,5,6,9,9-hexachloro-
                                   1a,2,2a,3,6,6a,7,7a-octahydro-,
                                   (1aalpha,2beta,2abeta,3alpha,6alpha,6
                                   abeta,7beta, 7aalpha)-, & metabolites
P051                     72-20-8  Endrin
P051                     72-20-8  Endrin, & metabolites
P054                    151-56-4  Aziridine
P054                    151-56-4  Ethyleneimine

[[Page 86]]

 
P056                   7782-41-4  Fluorine
P057                    640-19-7  Acetamide, 2-fluoro-
P057                    640-19-7  Fluoroacetamide
P058                     62-74-8  Acetic acid, fluoro-, sodium salt
P058                     62-74-8  Fluoroacetic acid, sodium salt
P059                     76-44-8  Heptachlor
P059                     76-44-8  4,7-Methano-1H-indene, 1,4,5,6,7,8,8-
                                   heptachloro-3a,4,7,7a-tetrahydro-
P060                    465-73-6  1,4,5,8-Dimethanonaphthalene,
                                   1,2,3,4,10,10-hexa-chloro-
                                   1,4,4a,5,8,8a-hexahydro-,
                                   (1alpha,4alpha,4abeta,5beta,8beta,8ab
                                   eta)-
P060                    465-73-6  Isodrin
P062                    757-58-4  Hexaethyl tetraphosphate
P062                    757-58-4  Tetraphosphoric acid, hexaethyl ester
P063                     74-90-8  Hydrocyanic acid
P063                     74-90-8  Hydrogen cyanide
P064                    624-83-9  Methane, isocyanato-
P064                    624-83-9  Methyl isocyanate
P065                    628-86-4  Fulminic acid, mercury(2 + ) salt
                                   (R,T)
P065                    628-86-4  Mercury fulminate (R,T)
P066                  16752-77-5  Ethanimidothioic acid, N-
                                   [[(methylamino)carbonyl]oxy]-, methyl
                                   ester
P066                  16752-77-5  Methomyl
P067                     75-55-8  Aziridine, 2-methyl-
P067                     75-55-8  1,2-Propylenimine
P068                     60-34-4  Hydrazine, methyl-
P068                     60-34-4  Methyl hydrazine
P069                     75-86-5  2-Methyllactonitrile
P069                     75-86-5  Propanenitrile, 2-hydroxy-2-methyl-
P070                    116-06-3  Aldicarb
P070                    116-06-3  Propanal, 2-methyl-2-(methylthio)-, O-
                                   [(methylamino)carbonyl]oxime
P071                    298-00-0  Methyl parathion
P071                    298-00-0  Phosphorothioic acid, O,O,-dimethyl O-
                                   (4-nitrophenyl) ester
P072                     86-88-4  alpha-Naphthylthiourea
P072                     86-88-4  Thiourea, 1-naphthalenyl-
P073                  13463-39-3  Nickel carbonyl
P073                  13463-39-3  Nickel carbonyl Ni(CO)4, (T-4)-
P074                    557-19-7  Nickel cyanide
P074                    557-19-7  Nickel cyanide Ni(CN)2
P075                 \1\ 54-11-5  Nicotine, & salts
P075                 \1\ 54-11-5  Pyridine, 3-(1-methyl-2-pyrrolidinyl)-
                                   , (S)-, & salts
P076                  10102-43-9  Nitric oxide
P076                  10102-43-9  Nitrogen oxide NO
P077                    100-01-6  Benzenamine, 4-nitro-
P077                    100-01-6  p-Nitroaniline
P078                  10102-44-0  Nitrogen dioxide
P078                  10102-44-0  Nitrogen oxide NO2
P081                     55-63-0  Nitroglycerine (R)
P081                     55-63-0  1,2,3-Propanetriol, trinitrate (R)
P082                     62-75-9  Methanamine, -methyl-N-nitroso-
P082                     62-75-9  N-Nitrosodimethylamine
P084                   4549-40-0  N-Nitrosomethylvinylamine
P084                   4549-40-0  Vinylamine, -methyl-N-nitroso-
P085                    152-16-9  Diphosphoramide, octamethyl-
P085                    152-16-9  Octamethylpyrophosphoramide
P087                  20816-12-0  Osmium oxide OsO4, (T-4)-
P087                  20816-12-0  Osmium tetroxide
P088                    145-73-3  Endothall
P088                    145-73-3  7-Oxabicyclo[2.2.1]heptane-2,3-
                                   dicarboxylic acid
P089                     56-38-2  Parathion
P089                     56-38-2  Phosphorothioic acid, O,O-diethyl O-(4-
                                   nitrophenyl) ester
P092                     62-38-4  Mercury, (acetato-O)phenyl-
P092                     62-38-4  Phenylmercury acetate
P093                    103-85-5  Phenylthiourea
P093                    103-85-5  Thiourea, phenyl-
P094                    298-02-2  Phorate
P094                    298-02-2  Phosphorodithioic acid, O,O-diethyl S-
                                   [(ethylthio)methyl] ester
P095                     75-44-5  Carbonic dichloride
P095                     75-44-5  Phosgene
P096                   7803-51-2  Hydrogen phosphide
P096                   7803-51-2  Phosphine
P097                     52-85-7  Famphur
P097                     52-85-7  Phosphorothioic acid, O-[4-
                                   [(dimethylamino)sulfonyl]phenyl] O,O-
                                   dimethyl ester
P098                    151-50-8  Potassium cyanide
P098                    151-50-8  Potassium cyanide K(CN)

[[Page 87]]

 
P099                    506-61-6  Argentate(1-), bis(cyano-C)-,
                                   potassium
P099                    506-61-6  Potassium silver cyanide
P101                    107-12-0  Ethyl cyanide
P101                    107-12-0  Propanenitrile
P102                    107-19-7  Propargyl alcohol
P102                    107-19-7  2-Propyn-1-ol
P103                    630-10-4  Selenourea
P104                    506-64-9  Silver cyanide
P104                    506-64-9  Silver cyanide Ag(CN)
P105                  26628-22-8  Sodium azide
P106                    143-33-9  Sodium cyanide
P106                    143-33-9  Sodium cyanide Na(CN)
P108                \1\ 157-24-9  Strychnidin-10-one, & salts
P108                \1\ 157-24-9  Strychnine, & salts
P109                   3689-24-5  Tetraethyldithiopyrophosphate
P109                   3689-24-5  Thiodiphosphoric acid, tetraethyl
                                   ester
P110                     78-00-2  Plumbane, tetraethyl-
P110                     78-00-2  Tetraethyl lead
P111                    107-49-3  Diphosphoric acid, tetraethyl ester
P111                    107-49-3  Tetraethyl pyrophosphate
P112                    509-14-8  Methane, tetranitro-(R)
P112                    509-14-8  Tetranitromethane (R)
P113                   1314-32-5  Thallic oxide
P113                   1314-32-5  Thallium oxide Tl2 O3
P114                  12039-52-0  Selenious acid, dithallium(1 + ) salt
P114                  12039-52-0  Tetraethyldithiopyrophosphate
P115                   7446-18-6  Thiodiphosphoric acid, tetraethyl
                                   ester
P115                   7446-18-6  Plumbane, tetraethyl-
P116                     79-19-6  Tetraethyl lead
P116                     79-19-6  Thiosemicarbazide
P118                     75-70-7  Methanethiol, trichloro-
P118                     75-70-7  Trichloromethanethiol
P119                   7803-55-6  Ammonium vanadate
P119                   7803-55-6  Vanadic acid, ammonium salt
P120                   1314-62-1  Vanadium oxide V2O5
P120                   1314-62-1  Vanadium pentoxide
P121                    557-21-1  Zinc cyanide
P121                    557-21-1  Zinc cyanide Zn(CN)2
P122                   1314-84-7  Zinc phosphide Zn3 P2, when present at
                                   concentrations greater than 10% (R,T)
P123                   8001-35-2  Toxaphene
P127                   1563-66-2  7-Benzofuranol, 2,3-dihydro-2,2-
                                   dimethyl-, methylcarbamate.
P127                   1563-66-2  Carbofuran
P128                     315-8-4  Mexacarbate
P128                    315-18-4  Phenol, 4-(dimethylamino)-3,5-dimethyl-
                                   , methylcarbamate (ester)
P185                  26419-73-8  1,3-Dithiolane-2-carboxaldehyde, 2,4-
                                   dimethyl-, O-[(methylamino)-
                                   carbonyl]oxime.
P185                  26419-73-8  Tirpate
P188                     57-64-7  Benzoic acid, 2-hydroxy-, compd. with
                                   (3aS-cis)-1,2,3,3a,8,8a-hexahydro-
                                   1,3a,8-trimethylpyrrolo[2,3-b]indol-5-
                                   yl methylcarbamate ester (1:1)
P188                     57-64-7  Physostigmine salicylate
P189                  55285-14-8  Carbamic acid, [(dibutylamino)-
                                   thio]methyl-, 2,3-dihydro-2,2-
                                   dimethyl-7-benzofuranyl ester
P189                  55285-14-8  Carbosulfan
P190                   1129-41-5  Carbamic acid, methyl-, 3-methylphenyl
                                   ester
P190                   1129-41-5  Metolcarb
P191                    644-64-4  Carbamic acid, dimethyl-, 1-[(dimethyl-
                                   amino)carbonyl]-5-methyl-1H-pyrazol-3-
                                   yl ester
P191                    644-64-4  Dimetilan
P192                    119-38-0  Carbamic acid, dimethyl-, 3-methyl-1-
                                   (1-methylethyl)-1H-pyrazol-5-yl ester
P192                    119-38-0  Isolan
P194                  23135-22-0  Ethanimidthioic acid, 2-
                                   (dimethylamino)-N-[[(methylamino)
                                   carbonyl]oxy]-2-oxo-, methyl ester
P194                  23135-22-0  Oxamyl
P196                  15339-36-3  Manganese,
                                   bis(dimethylcarbamodithioato-S,S')-,
P196                  15339-36-3  Manganese dimethyldithiocarbamate
P197                  17702-57-7  Formparanate
P197                  17702-57-7  Methanimidamide, N,N-dimethyl-N'-[2-
                                   methyl-4-
                                   [[(methylamino)carbonyl]oxy]phenyl]-
P198                  23422-53-9  Formetanate hydrochloride
P198                  23422-53-9  Methanimidamide, N,N-dimethyl-N'-[3-
                                   [[(methylamino)-carbonyl]oxy]phenyl]-
                                   monohydrochloride
P199                   2032-65-7  Methiocarb
P199                   2032-65-7  Phenol, (3,5-dimethyl-4-(methylthio)-,
                                   methylcarbamate
P201                   2631-37-0  Phenol, 3-methyl-5-(1-methylethyl)-,
                                   methyl carbamate
P201                   2631-37-0  Promecarb
P202                     64-00-6  m-Cumenyl methylcarbamate
P202                     64-00-6  3-Isopropylphenyl N-methylcarbamate
P202                     64-00-6  Phenol, 3-(1-methylethyl)-, methyl
                                   carbamate

[[Page 88]]

 
P203                   1646-88-4  Aldicarb sulfone
P203                   1646-88-4  Propanal, 2-methyl-2-(methyl-sulfonyl)-
                                   , O-[(methylamino)carbonyl] oxime
P204                     57-47-6  Physostigmine
P204                     57-47-6  Pyrrolo[2,3-b]indol-5-ol,
                                   1,2,3,3a,8,8a-hexahydro-1,3a,8-
                                   trimethyl-, methylcarbamate (ester),
                                   (3aS-cis)-
P205                    137-30-4  Zinc, bis(dimethylcarbamodithioato-
                                   S,S')-,
P205                    137-30-4  Ziram
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.

    (f) The commercial chemical products, manufacturing chemical 
intermediates, or off-specification commercial chemical products 
referred to in paragraphs (a) through (d) of this section, are 
identified as toxic wastes (T) unless otherwise designated.

[Comment: For the convenience of the regulated community, the primary 
hazardous properties of these materials have been indicated by the 
letters T (Toxicity), R (Reactivity), I (Ignitability) and C 
(Corrosivity). Absence of a letter indicates that the compound is only 
listed for toxicity. Wastes are first listed in alphabetical order by 
substance and then listed again in numerical order by Hazardous Waste 
Number.]

    These wastes and their corresponding EPA Hazardous Waste Numbers 
are:

------------------------------------------------------------------------
                      Chemical
  Hazardous waste     abstracts                  Substance
        No.              No.
------------------------------------------------------------------------
U394                  30558-43-1  A2213.
U001                     75-07-0  Acetaldehyde (I)
U034                     75-87-6  Acetaldehyde, trichloro-
U187                     62-44-2  Acetamide, N-(4-ethoxyphenyl)-
U005                     53-96-3  Acetamide, N-9H-fluoren-2-yl-
U240                 \1\ 94-75-7  Acetic acid, (2,4-dichlorophenoxy)-,
                                   salts & esters
U112                    141-78-6  Acetic acid ethyl ester (I)
U144                    301-04-2  Acetic acid, lead(2 + ) salt
U214                    563-68-8  Acetic acid, thallium(1 + ) salt
see F027                 93-76-5  Acetic acid, (2,4,5-trichlorophenoxy)-
U002                     67-64-1  Acetone (I)
U003                     75-05-8  Acetonitrile (I,T)
U004                     98-86-2  Acetophenone
U005                     53-96-3  2-Acetylaminofluorene
U006                     75-36-5  Acetyl chloride (C,R,T)
U007                     79-06-1  Acrylamide
U008                     79-10-7  Acrylic acid (I)
U009                    107-13-1  Acrylonitrile
U011                     61-82-5  Amitrole
U012                     62-53-3  Aniline (I,T)
U136                     75-60-5  Arsinic acid, dimethyl-
U014                    492-80-8  Auramine
U015                    115-02-6  Azaserine
U010                     50-07-7  Azirino[2',3':3,4]pyrrolo[1,2-a]indole-
                                   4,7-dione, 6-amino-8-
                                   [[(aminocarbonyl)oxy]methyl]-
                                   1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-
                                   methyl-, [1aS-(1aalpha,
                                   8beta,8aalpha,8balpha)]-
U280                    101-27-9  Barban.
U278                  22781-23-3  Bendiocarb.
U364                  22961-82-6  Bendiocarb phenol.
U271                  17804-35-2  Benomyl.
U157                     56-49-5  Benz[j]aceanthrylene, 1,2-dihydro-3-
                                   methyl-
U016                    225-51-4  Benz[c]acridine
U017                     98-87-3  Benzal chloride
U192                  23950-58-5  Benzamide, 3,5-dichloro-N-(1,1-
                                   dimethyl-2-propynyl)-
U018                     56-55-3  Benz[a]anthracene
U094                     57-97-6  Benz[a]anthracene, 7,12-dimethyl-
U012                     62-53-3  Benzenamine (I,T)
U014                    492-80-8  Benzenamine, 4,4'-carbonimidoylbis[N,N-
                                   dimethyl-
U049                   3165-93-3  Benzenamine, 4-chloro-2-methyl-,
                                   hydrochloride
U093                     60-11-7  Benzenamine, N,N-dimethyl-4-
                                   (phenylazo)-
U328                     95-53-4  Benzenamine, 2-methyl-
U353                    106-49-0  Benzenamine, 4-methyl-
U158                    101-14-4  Benzenamine, 4,4'-methylenebis[2-
                                   chloro-
U222                    636-21-5  Benzenamine, 2-methyl-, hydrochloride

[[Page 89]]

 
U181                     99-55-8  Benzenamine, 2-methyl-5-nitro-
U019                     71-43-2  Benzene (I,T)
U038                    510-15-6  Benzeneacetic acid, 4-chloro-alpha-(4-
                                   chlorophenyl)-alpha-hydroxy-, ethyl
                                   ester
U030                    101-55-3  Benzene, 1-bromo-4-phenoxy-
U035                    305-03-3  Benzenebutanoic acid, 4-[bis(2-
                                   chloroethyl)amino]-
U037                    108-90-7  Benzene, chloro-
U221                  25376-45-8  Benzenediamine, ar-methyl-
U028                    117-81-7  1,2-Benzenedicarboxylic acid, bis(2-
                                   ethylhexyl) ester
U069                     84-74-2  1,2-Benzenedicarboxylic acid, dibutyl
                                   ester
U088                     84-66-2  1,2-Benzenedicarboxylic acid, diethyl
                                   ester
U102                    131-11-3  1,2-Benzenedicarboxylic acid, dimethyl
                                   ester
U107                    117-84-0  1,2-Benzenedicarboxylic acid, dioctyl
                                   ester
U070                     95-50-1  Benzene, 1,2-dichloro-
U071                    541-73-1  Benzene, 1,3-dichloro-
U072                    106-46-7  Benzene, 1,4-dichloro-
U060                     72-54-8  Benzene, 1,1'-(2,2-
                                   dichloroethylidene)bis[4-chloro-
U017                     98-87-3  Benzene, (dichloromethyl)-
U223                  26471-62-5  Benzene, 1,3-diisocyanatomethyl- (R,T)
U239                   1330-20-7  Benzene, dimethyl- (I)
U201                    108-46-3  1,3-Benzenediol
U127                    118-74-1  Benzene, hexachloro-
U056                    110-82-7  Benzene, hexahydro- (I)
U220                    108-88-3  Benzene, methyl-
U105                    121-14-2  Benzene, 1-methyl-2,4-dinitro-
U106                    606-20-2  Benzene, 2-methyl-1,3-dinitro-
U055                     98-82-8  Benzene, (1-methylethyl)- (I)
U169                     98-95-3  Benzene, nitro-
U183                    608-93-5  Benzene, pentachloro-
U185                     82-68-8  Benzene, pentachloronitro-
U020                     98-09-9  Benzenesulfonic acid chloride (C,R)
U020                     98-09-9  Benzenesulfonyl chloride (C,R)
U207                     95-94-3  Benzene, 1,2,4,5-tetrachloro-
U061                     50-29-3  Benzene, 1,1'-(2,2,2-
                                   trichloroethylidene)bis[4-chloro-
U247                     72-43-5  Benzene, 1,1'-(2,2,2-
                                   trichloroethylidene)bis[4- methoxy-
U023                     98-07-7  Benzene, (trichloromethyl)-
U234                     99-35-4  Benzene, 1,3,5-trinitro-
U021                     92-87-5  Benzidine
U278                  22781-23-3  1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
                                   methyl carbamate.
U364                  22961-82-6  1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
U203                     94-59-7  1,3-Benzodioxole, 5-(2-propenyl)-
U141                    120-58-1  1,3-Benzodioxole, 5-(1-propenyl)-
U367                   1563-38-8  7-Benzofuranol, 2,3-dihydro-2,2-
                                   dimethyl-
U090                     94-58-6  1,3-Benzodioxole, 5-propyl-
U064                    189-55-9  Benzo[rst]pentaphene
U248                  \1\81-81-2  2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
                                   oxo-1-phenyl-butyl)-, & salts, when
                                   present at concentrations of 0.3% or
                                   less
U022                     50-32-8  Benzo[a]pyrene
U197                    106-51-4  p-Benzoquinone
U023                     98-07-7  Benzotrichloride (C,R,T)
U085                   1464-53-5  2,2'-Bioxirane
U021                     92-87-5  [1,1'-Biphenyl]-4,4'-diamine
U073                     91-94-1  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
                                   dichloro-
U091                    119-90-4  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
                                   dimethoxy-
U095                    119-93-7  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
                                   dimethyl-
U225                     75-25-2  Bromoform
U030                    101-55-3  4-Bromophenyl phenyl ether
U128                     87-68-3  1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
U172                    924-16-3  1-Butanamine, N-butyl-N-nitroso-
U031                     71-36-3  1-Butanol (I)
U159                     78-93-3  2-Butanone (I,T)
U160                   1338-23-4  2-Butanone, peroxide (R,T)
U053                   4170-30-3  2-Butenal
U074                    764-41-0  2-Butene, 1,4-dichloro- (I,T)
U143                    303-34-4  2-Butenoic acid, 2-methyl-, 7-[[2,3-
                                   dihydroxy-
                                    2-(1-methoxyethyl)-3-methyl-1-
                                   oxobutoxy]methyl]-
                                    2,3,5,7a-tetrahydro-1H-pyrrolizin-1-
                                   yl ester,
                                    [1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-
U031                     71-36-3  n-Butyl alcohol (I)
U136                     75-60-5  Cacodylic acid
U032                  13765-19-0  Calcium chromate
U372                  10605-21-7  Carbamic acid, 1H-benzimidazol-2-yl,
                                   methyl ester.
U271                  17804-35-2  Carbamic acid, [1-
                                   [(butylamino)carbonyl]-1H-
                                   benzimidazol-2-yl]-, methyl ester.

[[Page 90]]

 
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,6
                                   beta)-
U057                    108-94-1  Cyclohexanone (I)
U130                     77-47-4  1,3-Cyclopentadiene, 1,2,3,4,5,5-
                                   hexachloro-
U058                     50-18-0  Cyclophosphamide
U240                 \1\ 94-75-7  2,4-D, salts & esters
U059                  20830-81-3  Daunomycin
U060                     72-54-8  DDD
U061                     50-29-3  DDT
U062                   2303-16-4  Diallate
U063                     53-70-3  Dibenz[a,h]anthracene
U064                    189-55-9  Dibenzo[a,i]pyrene
U066                     96-12-8  1,2-Dibromo-3-chloropropane
U069                     84-74-2  Dibutyl phthalate
U070                     95-50-1  o-Dichlorobenzene
U071                    541-73-1  m-Dichlorobenzene
U072                    106-46-7  p-Dichlorobenzene
U073                     91-94-1  3,3'-Dichlorobenzidine
U074                    764-41-0  1,4-Dichloro-2-butene (I,T)
U075                     75-71-8  Dichlorodifluoromethane
U078                     75-35-4  1,1-Dichloroethylene
U079                    156-60-5  1,2-Dichloroethylene
U025                    111-44-4  Dichloroethyl ether
U027                    108-60-1  Dichloroisopropyl ether
U024                    111-91-1  Dichloromethoxy ethane
U081                    120-83-2  2,4-Dichlorophenol
U082                     87-65-0  2,6-Dichlorophenol
U084                    542-75-6  1,3-Dichloropropene
U085                   1464-53-5  1,2:3,4-Diepoxybutane (I,T)
U108                    123-91-1  1,4-Diethyleneoxide
U028                    117-81-7  Diethylhexyl phthalate

[[Page 91]]

 
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)
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)

[[Page 92]]

 
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-
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)

[[Page 93]]

 
U068                     74-95-3  Methylene bromide
U080                     75-09-2  Methylene chloride
U159                     78-93-3  Methyl ethyl ketone (MEK) (I,T)
U160                   1338-23-4  Methyl ethyl ketone peroxide (R,T)
U138                     74-88-4  Methyl iodide
U161                    108-10-1  Methyl isobutyl ketone (I)
U162                     80-62-6  Methyl methacrylate (I,T)
U161                    108-10-1  4-Methyl-2-pentanone (I)
U164                     56-04-2  Methylthiouracil
U010                     50-07-7  Mitomycin C
U059                  20830-81-3  5,12-Naphthacenedione, 8-acetyl-10-[(3-
                                   amino-2,3,6-trideoxy)-alpha-L-lyxo-
                                   hexopyranosyl)oxy]-7,8,9,10-
                                   tetrahydro-6,8,11-trihydroxy-1-
                                   methoxy-, (8S-cis)-
U167                    134-32-7  1-Naphthalenamine
U168                     91-59-8  2-Naphthalenamine
U026                    494-03-1  Naphthalenamine, N,N'-bis(2-
                                   chloroethyl)-
U165                     91-20-3  Naphthalene
U047                     91-58-7  Naphthalene, 2-chloro-
U166                    130-15-4  1,4-Naphthalenedione
U236                     72-57-1  2,7-Naphthalenedisulfonic acid, 3,3'-
                                   [(3,3'-
                                    dimethyl[1,1'-biphenyl]-4,4'-
                                   diyl)bis(azo)bis[5-amino-4-hydroxy]-,
                                   tetrasodium salt
U279                     63-25-2  1-Naphthalenol, methylcarbamate.
U166                    130-15-4  1,4-Naphthoquinone
U167                    134-32-7  alpha-Naphthylamine
U168                     91-59-8  beta-Naphthylamine
U217                  10102-45-1  Nitric acid, thallium(1 + ) salt
U169                     98-95-3  Nitrobenzene (I,T)
U170                    100-02-7  p-Nitrophenol
U171                     79-46-9  2-Nitropropane (I,T)
U172                    924-16-3  N-Nitrosodi-n-butylamine
U173                   1116-54-7  N-Nitrosodiethanolamine
U174                     55-18-5  N-Nitrosodiethylamine
U176                    759-73-9  N-Nitroso-N-ethylurea
U177                    684-93-5  N-Nitroso-N-methylurea
U178                    615-53-2  N-Nitroso-N-methylurethane
U179                    100-75-4  N-Nitrosopiperidine
U180                    930-55-2  N-Nitrosopyrrolidine
U181                     99-55-8  5-Nitro-o-toluidine
U193                   1120-71-4  1,2-Oxathiolane, 2,2-dioxide
U058                     50-18-0  2H-1,3,2-Oxazaphosphorin-2-amine,
                                    N,N-bis(2-chloroethyl)tetrahydro-, 2-
                                   oxide
U115                     75-21-8  Oxirane (I,T)
U126                    765-34-4  Oxiranecarboxyaldehyde
U041                    106-89-8  Oxirane, (chloromethyl)-
              U182      123-63-7  Paraldehyde
U183                    608-93-5  Pentachlorobenzene
U184                     76-01-7  Pentachloroethane
U185                     82-68-8  Pentachloronitrobenzene (PCNB)
See F027                 87-86-5  Pentachlorophenol
U161                    108-10-1  Pentanol, 4-methyl-
U186                    504-60-9  1,3-Pentadiene (I)
U187                     62-44-2  Phenacetin
U188                    108-95-2  Phenol
U048                     95-57-8  Phenol, 2-chloro-
U039                     59-50-7  Phenol, 4-chloro-3-methyl-
U081                    120-83-2  Phenol, 2,4-dichloro-
U082                     87-65-0  Phenol, 2,6-dichloro-
U089                     56-53-1  Phenol, 4,4'-(1,2-diethyl-1,2-
                                   ethenediyl)bis-, (E)-
U101                    105-67-9  Phenol, 2,4-dimethyl-
U052                   1319-77-3  Phenol, methyl-
U132                     70-30-4  Phenol, 2,2'-methylenebis[3,4,6-
                                   trichloro-
U411                    114-26-1  Phenol, 2-(1-methylethoxy)-,
                                   methylcarbamate.
U170                    100-02-7  Phenol, 4-nitro-
See F027                 87-86-5  Phenol, pentachloro-
See F027                 58-90-2  Phenol, 2,3,4,6-tetrachloro-
See F027                 95-95-4  Phenol, 2,4,5-trichloro-
See F027                 88-06-2  Phenol, 2,4,6-trichloro-
U150                    148-82-3  L-Phenylalanine, 4-[bis(2-
                                   chloroethyl)amino]-

[[Page 94]]

 
U145                   7446-27-7  Phosphoric acid, lead(2 + ) salt (2:3)
U087                   3288-58-2  Phosphorodithioic acid, O,O-diethyl S-
                                   methyl ester
U189                   1314-80-3  Phosphorus sulfide (R)
U190                     85-44-9  Phthalic anhydride
U191                    109-06-8  2-Picoline
U179                    100-75-4  Piperidine, 1-nitroso-
U192                  23950-58-5  Pronamide
U194                    107-10-8  1-Propanamine (I,T)
U111                    621-64-7  1-Propanamine, N-nitroso-N-propyl-
U110                    142-84-7  1-Propanamine, N-propyl- (I)
U066                     96-12-8  Propane, 1,2-dibromo-3-chloro-
U083                     78-87-5  Propane, 1,2-dichloro-
U149                    109-77-3  Propanedinitrile
U171                     79-46-9  Propane, 2-nitro- (I,T)
U027                    108-60-1  Propane, 2,2'-oxybis[2-chloro-
U193                   1120-71-4  1,3-Propane sultone
See F027                 93-72-1  Propanoic acid, 2-(2,4,5-
                                   trichlorophenoxy)-
U235                    126-72-7  1-Propanol, 2,3-dibromo-, phosphate
                                   (3:1)
U140                     78-83-1  1-Propanol, 2-methyl- (I,T)
U002                     67-64-1  2-Propanone (I)
U007                     79-06-1  2-Propenamide
U084                    542-75-6  1-Propene, 1,3-dichloro-
U243                   1888-71-7  1-Propene, 1,1,2,3,3,3-hexachloro-
U009                    107-13-1  2-Propenenitrile
U152                    126-98-7  2-Propenenitrile, 2-methyl- (I,T)
U008                     79-10-7  2-Propenoic acid (I)
U113                    140-88-5  2-Propenoic acid, ethyl ester (I)
U118                     97-63-2  2-Propenoic acid, 2-methyl-, ethyl
                                   ester
U162                     80-62-6  2-Propenoic acid, 2-methyl-, methyl
                                   ester (I,T)
U373                    122-42-9  Propham.
U411                    114-26-1  Propoxur.
U387                  52888-80-9  Prosulfocarb.
U194                    107-10-8  n-Propylamine (I,T)
U083                     78-87-5  Propylene dichloride
U148                    123-33-1  3,6-Pyridazinedione, 1,2-dihydro-
U196                    110-86-1  Pyridine
U191                    109-06-8  Pyridine, 2-methyl-
U237                     66-75-1  2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-
                                    chloroethyl)amino]-
U164                     56-04-2  4(1H)-Pyrimidinone, 2,3-dihydro-6-
                                   methyl-2-thioxo-
U180                    930-55-2  Pyrrolidine, 1-nitroso-
U200                     50-55-5  Reserpine
U201                    108-46-3  Resorcinol
U203                     94-59-7  Safrole
U204                   7783-00-8  Selenious acid
U204                   7783-00-8  Selenium dioxide
U205                   7488-56-4  Selenium sulfide
U205                   7488-56-4  Selenium sulfide SeS2 (R,T)
U015                    115-02-6  L-Serine, diazoacetate (ester)
See F027                 93-72-1  Silvex (2,4,5-TP)
U206                  18883-66-4  Streptozotocin
U103                     77-78-1  Sulfuric acid, dimethyl ester
U189                   1314-80-3  Sulfur phosphide (R)
See F027                 93-76-5  2,4,5-T
U207                     95-94-3  1,2,4,5-Tetrachlorobenzene
U208                    630-20-6  1,1,1,2-Tetrachloroethane
U209                     79-34-5  1,1,2,2-Tetrachloroethane
U210                    127-18-4  Tetrachloroethylene
See F027                 58-90-2  2,3,4,6-Tetrachlorophenol
U213                    109-99-9  Tetrahydrofuran (I)
U214                    563-68-8  Thallium(I) acetate
U215                   6533-73-9  Thallium(I) carbonate
U216                   7791-12-0  Thallium(I) chloride
U216                   7791-12-0  thallium chloride TlCl
U217                  10102-45-1  Thallium(I) nitrate
U218                     62-55-5  Thioacetamide
U410                  59669-26-0  Thiodicarb.
U153                     74-93-1  Thiomethanol (I,T)

[[Page 95]]

 
U244                    137-26-8  Thioperoxydicarbonic diamide [(H2
                                   N)C(S)]2 S2, tetramethyl-
U409                  23564-05-8  Thiophanate-methyl.
U219                     62-56-6  Thiourea
U244                    137-26-8  Thiram
U220                    108-88-3  Toluene
U221                  25376-45-8  Toluenediamine
U223                  26471-62-5  Toluene diisocyanate (R,T)
U328                     95-53-4  o-Toluidine
U353                    106-49-0  p-Toluidine
U222                    636-21-5  o-Toluidine hydrochloride
U389                   2303-17-5  Triallate.
U011                     61-82-5  1H-1,2,4-Triazol-3-amine
U226                     71-55-6  1,1,1-Trichloroethane
U227                     79-00-5  1,1,2-Trichloroethane
U228                     79-01-6  Trichloroethylene
U121                     75-69-4  Trichloromonofluoromethane
See F027                 95-95-4  2,4,5-Trichlorophenol
See F027                 88-06-2  2,4,6-Trichlorophenol
U404                    121-44-8  Triethylamine.
U234                     99-35-4  1,3,5-Trinitrobenzene (R,T)
U182                    123-63-7  1,3,5-Trioxane, 2,4,6-trimethyl-
U235                    126-72-7  Tris(2,3-dibromopropyl) phosphate
U236                     72-57-1  Trypan blue
U237                     66-75-1  Uracil mustard
U176                    759-73-9  Urea, N-ethyl-N-nitroso-
U177                    684-93-5  Urea, N-methyl-N-nitroso-
U043                     75-01-4  Vinyl chloride
U248                 \1\ 81-81-2  Warfarin, & salts, when present at
                                   concentrations of 0.3% or less
U239                   1330-20-7  Xylene (I)
U200                     50-55-5  Yohimban-16-carboxylic acid, 11,17-
                                   dimethoxy-18-[(3,4,5-
                                   trimethoxybenzoyl)oxy]-, methyl
                                   ester,
                                   (3beta,16beta,17alpha,18beta,20alpha)-
 
U249                   1314-84-7  Zinc phosphide Zn3 P2, when present at
                                   concentrations of 10% or less
U001                     75-07-0  Acetaldehyde (I)
U001                     75-07-0  Ethanal (I)
U002                     67-64-1  Acetone (I)
U002                     67-64-1  2-Propanone (I)
U003                     75-05-8  Acetonitrile (I,T)
U004                     98-86-2  Acetophenone
U004                     98-86-2  Ethanone, 1-phenyl-
U005                     53-96-3  Acetamide, -9H-fluoren-2-yl-
U005                     53-96-3  2-Acetylaminofluorene
U006                     75-36-5  Acetyl chloride (C,R,T)
U007                     79-06-1  Acrylamide
U007                     79-06-1  2-Propenamide
U008                     79-10-7  Acrylic acid (I)
U008                     79-10-7  2-Propenoic acid (I)
U009                    107-13-1  Acrylonitrile
U009                    107-13-1  2-Propenenitrile
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)]-
U010                     50-07-7  Mitomycin C
U011                     61-82-5  Amitrole
U011                     61-82-5  1H-1,2,4-Triazol-3-amine
U012                     62-53-3  Aniline (I,T)
U012                     62-53-3  Benzenamine (I,T)
U014                    492-80-8  Auramine
U014                    492-80-8  Benzenamine, 4,4'-carbonimidoylbis[N,N-
                                   dimethyl-
U015                    115-02-6  Azaserine
U015                    115-02-6  L-Serine, diazoacetate (ester)
U016                    225-51-4  Benz[c]acridine
U017                     98-87-3  Benzal chloride
U017                     98-87-3  Benzene, (dichloromethyl)-
U018                     56-55-3  Benz[a]anthracene
U019                     71-43-2  Benzene (I,T)
U020                     98-09-9  Benzenesulfonic acid chloride (C,R)
U020                     98-09-9  Benzenesulfonyl chloride (C,R)
U021                     92-87-5  Benzidine
U021                     92-87-5  [1,1'-Biphenyl]-4,4'-diamine
U022                     50-32-8  Benzo[a]pyrene
U023                     98-07-7  Benzene, (trichloromethyl)-

[[Page 96]]

 
U023                     98-07-7  Benzotrichloride (C,R,T)
U024                    111-91-1  Dichloromethoxy ethane
U024                    111-91-1  Ethane, 1,1'-[methylenebis(oxy)]bis[2-
                                   chloro-
U025                    111-44-4  Dichloroethyl ether
U025                    111-44-4  Ethane, 1,1'-oxybis[2-chloro-
U026                    494-03-1  Chlornaphazin
U026                    494-03-1  Naphthalenamine, N,N'-bis(2-
                                   chloroethyl)-
U027                    108-60-1  Dichloroisopropyl ether
U027                    108-60-1  Propane, 2,2'-oxybis[2-chloro-
U028                    117-81-7  1,2-Benzenedicarboxylic acid, bis(2-
                                   ethylhexyl) ester
U028                    117-81-7  Diethylhexyl phthalate
U029                     74-83-9  Methane, bromo-
U029                     74-83-9  Methyl bromide
U030                    101-55-3  Benzene, 1-bromo-4-phenoxy-
U030                    101-55-3  4-Bromophenyl phenyl ether
U031                     71-36-3  1-Butanol (I)
U031                     71-36-3  n-Butyl alcohol (I)
U032                  13765-19-0  Calcium chromate
U032                  13765-19-0  Chromic acid H2 CrO4, calcium salt
U033                    353-50-4  Carbonic difluoride
U033                    353-50-4  Carbon oxyfluoride (R,T)
U034                     75-87-6  Acetaldehyde, trichloro-
U034                     75-87-6  Chloral
U035                    305-03-3  Benzenebutanoic acid, 4-[bis(2-
                                   chloroethyl)amino]-
U035                    305-03-3  Chlorambucil
U036                     57-74-9  Chlordane, alpha & gamma isomers
U036                     57-74-9  4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-
                                   octachloro-2,3,3a,4,7,7a-hexahydro-
U037                    108-90-7  Benzene, chloro-
U037                    108-90-7  Chlorobenzene
U038                    510-15-6  Benzeneacetic acid, 4-chloro-alpha-(4-
                                   chlorophenyl)-alpha-hydroxy-, ethyl
                                   ester
U038                    510-15-6  Chlorobenzilate
U039                     59-50-7  p-Chloro-m-cresol
U039                     59-50-7  Phenol, 4-chloro-3-methyl-
U041                    106-89-8  Epichlorohydrin
U041                    106-89-8  Oxirane, (chloromethyl)-
U042                    110-75-8  2-Chloroethyl vinyl ether
U042                    110-75-8  Ethene, (2-chloroethoxy)-
U043                     75-01-4  Ethene, chloro-
U043                     75-01-4  Vinyl chloride
U044                     67-66-3  Chloroform
U044                     67-66-3  Methane, trichloro-
U045                     74-87-3  Methane, chloro- (I,T)
U045                     74-87-3  Methyl chloride (I,T)
U046                    107-30-2  Chloromethyl methyl ether
U046                    107-30-2  Methane, chloromethoxy-
U047                     91-58-7  beta-Chloronaphthalene
U047                     91-58-7  Naphthalene, 2-chloro-
U048                     95-57-8  o-Chlorophenol
U048                     95-57-8  Phenol, 2-chloro-
U049                   3165-93-3  Benzenamine, 4-chloro-2-methyl-,
                                   hydrochloride
U049                   3165-93-3  4-Chloro-o-toluidine, hydrochloride
U050                    218-01-9  Chrysene
U051                ............  Creosote
U052                   1319-77-3  Cresol (Cresylic acid)
U052                   1319-77-3  Phenol, methyl-
U053                   4170-30-3  2-Butenal
U053                   4170-30-3  Crotonaldehyde
U055                     98-82-8  Benzene, (1-methylethyl)-(I)
U055                     98-82-8  Cumene (I)
U056                    110-82-7  Benzene, hexahydro-(I)
U056                    110-82-7  Cyclohexane (I)
U057                    108-94-1  Cyclohexanone (I)
U058                     50-18-0  Cyclophosphamide
U058                     50-18-0  2H-1,3,2-Oxazaphosphorin-2-amine, N,N-
                                   bis(2-chloroethyl)tetrahydro-, 2-
                                   oxide
U059                  20830-81-3  Daunomycin
U059                  20830-81-3  5,12-Naphthacenedione, 8-acetyl-10-[(3-
                                   amino-2,3,6-trideoxy)-alpha-L-lyxo-
                                   hexopyranosyl)oxy]-7,8,9,10-
                                   tetrahydro-6,8,11-trihydroxy-1-
                                   methoxy-, (8S-cis)-
U060                     72-54-8  Benzene, 1,1'-(2,2-
                                   dichloroethylidene)bis[4-chloro-
U060                     72-54-8  DDD
U061                     50-29-3  Benzene, 1,1'-(2,2,2-
                                   trichloroethylidene)bis[4-chloro-
U061                     50-29-3  DDT
U062                   2303-16-4  Carbamothioic acid, bis(1-methylethyl)-
                                   , S-(2,3-di chloro-2-propenyl) ester

[[Page 97]]

 
U062                   2303-16-4  Diallate
U063                     53-70-3  Dibenz[a,h]anthracene
U064                    189-55-9  Benzo[rst]pentaphene
U064                    189-55-9  Dibenzo[a,i]pyrene
U066                     96-12-8  1,2-Dibromo-3-chloropropane
U066                     96-12-8  Propane, 1,2-dibromo-3-chloro-
U067                    106-93-4  Ethane, 1,2-dibromo-
U067                    106-93-4  Ethylene dibromide
U068                     74-95-3  Methane, dibromo-
U068                     74-95-3  Methylene bromide
U069                     84-74-2  1,2-Benzenedicarboxylic acid, dibutyl
                                   ester
U069                     84-74-2  Dibutyl phthalate
U070                     95-50-1  Benzene, 1,2-dichloro-
U070                     95-50-1  o-Dichlorobenzene
U071                    541-73-1  Benzene, 1,3-dichloro-
U071                    541-73-1  m-Dichlorobenzene
U072                    106-46-7  Benzene, 1,4-dichloro-
U072                    106-46-7  p-Dichlorobenzene
U073                     91-94-1  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
                                   dichloro-
U073                     91-94-1  3,3'-Dichlorobenzidine
U074                    764-41-0  2-Butene, 1,4-dichloro-(I,T)
U074                    764-41-0  1,4-Dichloro-2-butene (I,T)
U075                     75-71-8  Dichlorodifluoromethane
U075                     75-71-8  Methane, dichlorodifluoro-
U076                     75-34-3  Ethane, 1,1-dichloro-
U076                     75-34-3  Ethylidene dichloride
U077                    107-06-2  Ethane, 1,2-dichloro-
U077                    107-06-2  Ethylene dichloride
U078                     75-35-4  1,1-Dichloroethylene
U078                     75-35-4  Ethene, 1,1-dichloro-
U079                    156-60-5  1,2-Dichloroethylene
U079                    156-60-5  Ethene, 1,2-dichloro-, (E)-
U080                     75-09-2  Methane, dichloro-
U080                     75-09-2  Methylene chloride
U081                    120-83-2  2,4-Dichlorophenol
U081                    120-83-2  Phenol, 2,4-dichloro-
U082                     87-65-0  2,6-Dichlorophenol
U082                     87-65-0  Phenol, 2,6-dichloro-
U083                     78-87-5  Propane, 1,2-dichloro-
U083                     78-87-5  Propylene dichloride
U084                    542-75-6  1,3-Dichloropropene
U084                    542-75-6  1-Propene, 1,3-dichloro-
U085                   1464-53-5  2,2'-Bioxirane
U085                   1464-53-5  1,2:3,4-Diepoxybutane (I,T)
U086                   1615-80-1  N,N'-Diethylhydrazine
U086                   1615-80-1  Hydrazine, 1,2-diethyl-
U087                   3288-58-2  O,O-Diethyl S-methyl dithiophosphate
U087                   3288-58-2  Phosphorodithioic acid, O,O-diethyl S-
                                   methyl ester
U088                     84-66-2  1,2-Benzenedicarboxylic acid, diethyl
                                   ester
U088                     84-66-2  Diethyl phthalate
U089                     56-53-1  Diethylstilbesterol
U089                     56-53-1  Phenol, 4,4'-(1,2-diethyl-1,2-
                                   ethenediyl)bis-, (E)-
U090                     94-58-6  1,3-Benzodioxole, 5-propyl-
U090                     94-58-6  Dihydrosafrole
U091                    119-90-4  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
                                   dimethoxy-
U091                    119-90-4  3,3'-Dimethoxybenzidine
U092                    124-40-3  Dimethylamine (I)
U092                    124-40-3  Methanamine, -methyl-(I)
U093                     60-11-7  Benzenamine, N,N-dimethyl-4-
                                   (phenylazo)-
U093                     60-11-7  p-Dimethylaminoazobenzene
U094                     57-97-6  Benz[a]anthracene, 7,12-dimethyl-
U094                     57-97-6  7,12-Dimethylbenz[a]anthracene
U095                    119-93-7  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-
                                   dimethyl-
U095                    119-93-7  3,3'-Dimethylbenzidine
U096                     80-15-9  alpha,alpha-
                                   Dimethylbenzylhydroperoxide (R)
U096                     80-15-9  Hydroperoxide, 1-methyl-1-phenylethyl-
                                   (R)
U097                     79-44-7  Carbamic chloride, dimethyl-
U097                     79-44-7  Dimethylcarbamoyl chloride
U098                     57-14-7  1,1-Dimethylhydrazine
U098                     57-14-7  Hydrazine, 1,1-dimethyl-
U099                    540-73-8  1,2-Dimethylhydrazine
U099                    540-73-8  Hydrazine, 1,2-dimethyl-

[[Page 98]]

 
U101                    105-67-9  2,4-Dimethylphenol
U101                    105-67-9  Phenol, 2,4-dimethyl-
U102                    131-11-3  1,2-Benzenedicarboxylic acid, dimethyl
                                   ester
U102                    131-11-3  Dimethyl phthalate
U103                     77-78-1  Dimethyl sulfate
U103                     77-78-1  Sulfuric acid, dimethyl ester
U105                    121-14-2  Benzene, 1-methyl-2,4-dinitro-
U105                    121-14-2  2,4-Dinitrotoluene
U106                    606-20-2  Benzene, 2-methyl-1,3-dinitro-
U106                    606-20-2  2,6-Dinitrotoluene
U107                    117-84-0  1,2-Benzenedicarboxylic acid, dioctyl
                                   ester
U107                    117-84-0  Di-n-octyl phthalate
U108                    123-91-1  1,4-Diethyleneoxide
U108                    123-91-1  1,4-Dioxane
U109                    122-66-7  1,2-Diphenylhydrazine
U109                    122-66-7  Hydrazine, 1,2-diphenyl-
U110                    142-84-7  Dipropylamine (I)
U110                    142-84-7  1-Propanamine, N-propyl-(I)
U111                    621-64-7  Di-n-propylnitrosamine
U111                    621-64-7  1-Propanamine, N-nitroso-N-propyl-
U112                    141-78-6  Acetic acid ethyl ester (I)
U112                    141-78-6  Ethyl acetate (I)
U113                    140-88-5  Ethyl acrylate (I)
U113                    140-88-5  2-Propenoic acid, ethyl ester (I)
U114                 \1\111-54-6  Carbamodithioic acid, 1,2-
                                   ethanediylbis-, salts & esters
U114                 \1\111-54-6  Ethylenebisdithiocarbamic acid, salts
                                   & esters
U115                     75-21-8  Ethylene oxide (I,T)
U115                     75-21-8  Oxirane (I,T)
U116                     96-45-7  Ethylenethiourea
U116                     96-45-7  2-Imidazolidinethione
U117                     60-29-7  Ethane, 1,1'-oxybis-(I)
U117                     60-29-7  Ethyl ether (I)
U118                     97-63-2  Ethyl methacrylate
U118                     97-63-2  2-Propenoic acid, 2-methyl-, ethyl
                                   ester
U119                     62-50-0  Ethyl methanesulfonate
U119                     62-50-0  Methanesulfonic acid, ethyl ester
U120                    206-44-0  Fluoranthene
U121                     75-69-4  Methane, trichlorofluoro-
U121                     75-69-4  Trichloromonofluoromethane
U122                     50-00-0  Formaldehyde
U123                     64-18-6  Formic acid (C,T)
U124                    110-00-9  Furan (I)
U124                    110-00-9  Furfuran (I)
U125                     98-01-1  2-Furancarboxaldehyde (I)
U125                     98-01-1  Furfural (I)
U126                    765-34-4  Glycidylaldehyde
U126                    765-34-4  Oxiranecarboxyaldehyde
U127                    118-74-1  Benzene, hexachloro-
U127                    118-74-1  Hexachlorobenzene
U128                     87-68-3  1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
U128                     87-68-3  Hexachlorobutadiene
U129                     58-89-9  Cyclohexane, 1,2,3,4,5,6-hexachloro-,
                                   (1alpha,2alpha,3beta,4alpha,5alpha,6b
                                   eta)-
U129                     58-89-9  Lindane
U130                     77-47-4  1,3-Cyclopentadiene, 1,2,3,4,5,5-
                                   hexachloro-
U130                     77-47-4  Hexachlorocyclopentadiene
U131                     67-72-1  Ethane, hexachloro-
U131                     67-72-1  Hexachloroethane
U132                     70-30-4  Hexachlorophene
U132                     70-30-4  Phenol, 2,2'-methylenebis[3,4,6-
                                   trichloro-
U133                    302-01-2  Hydrazine (R,T)
U134                   7664-39-3  Hydrofluoric acid (C,T)
U134                   7664-39-3  Hydrogen fluoride (C,T)
U135                   7783-06-4  Hydrogen sulfide
U135                   7783-06-4  Hydrogen sulfide H2S
U136                     75-60-5  Arsinic acid, dimethyl-
U136                     75-60-5  Cacodylic acid
U137                    193-39-5  Indeno[1,2,3-cd]pyrene
U138                     74-88-4  Methane, iodo-
U138                     74-88-4  Methyl iodide
U140                     78-83-1  Isobutyl alcohol (I,T)
U140                     78-83-1  1-Propanol, 2-methyl- (I,T)
U141                    120-58-1  1,3-Benzodioxole, 5-(1-propenyl)-

[[Page 99]]

 
U141                    120-58-1  Isosafrole
U142                    143-50-0  Kepone
U142                    143-50-0  1,3,4-Metheno-2H-cyclobuta[cd]pentalen-
                                   2-one, 1,1a,3,3a,4,5,5,5a,5b,6-
                                   decachlorooctahydro-
U143                    303-34-4  2-Butenoic acid, 2-methyl-, 7-[[2,3-
                                   dihydroxy-2-(1-methoxyethyl)-3-methyl-
                                   1-oxobutoxy]methyl]-2,3,5,7a-
                                   tetrahydro-1H-pyrrolizin-1-yl ester,
                                   [1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-
U143                    303-34-4  Lasiocarpine
U144                    301-04-2  Acetic acid, lead(2 + ) salt
U144                    301-04-2  Lead acetate
U145                   7446-27-7  Lead phosphate
U145                   7446-27-7  Phosphoric acid, lead(2 + ) salt (2:3)
U146                   1335-32-6  Lead, bis(acetato-O)tetrahydroxytri-
U146                   1335-32-6  Lead subacetate
U147                    108-31-6  2,5-Furandione
U147                    108-31-6  Maleic anhydride
U148                    123-33-1  Maleic hydrazide
U148                    123-33-1  3,6-Pyridazinedione, 1,2-dihydro-
U149                    109-77-3  Malononitrile
U149                    109-77-3  Propanedinitrile
U150                    148-82-3  Melphalan
U150                    148-82-3  L-Phenylalanine, 4-[bis(2-
                                   chloroethyl)amino]-
U151                   7439-97-6  Mercury
U152                    126-98-7  Methacrylonitrile (I,T)
U152                    126-98-7  2-Propenenitrile, 2-methyl- (I,T)
U153                     74-93-1  Methanethiol (I,T)
U153                     74-93-1  Thiomethanol (I,T)
U154                     67-56-1  Methanol (I)
U154                     67-56-1  Methyl alcohol (I)
U155                     91-80-5  1,2-Ethanediamine, N,N-dimethyl-N'-2-
                                   pyridinyl-N'-(2-thienylmethyl)-
U155                     91-80-5  Methapyrilene
U156                     79-22-1  Carbonochloridic acid, methyl ester
                                   (I,T)
U156                     79-22-1  Methyl chlorocarbonate (I,T)
U157                     56-49-5  Benz[j]aceanthrylene, 1,2-dihydro-3-
                                   methyl-
U157                     56-49-5  3-Methylcholanthrene
U158                    101-14-4  Benzenamine, 4,4'-methylenebis[2-
                                   chloro-
U158                    101-14-4  4,4'-Methylenebis(2-chloroaniline)
U159                     78-93-3  2-Butanone (I,T)
U159                     78-93-3  Methyl ethyl ketone (MEK) (I,T)
U160                   1338-23-4  2-Butanone, peroxide (R,T)
U160                   1338-23-4  Methyl ethyl ketone peroxide (R,T)
U161                    108-10-1  Methyl isobutyl ketone (I)
U161                    108-10-1  4-Methyl-2-pentanone (I)
U161                    108-10-1  Pentanol, 4-methyl-
U162                     80-62-6  Methyl methacrylate (I,T)
U162                     80-62-6  2-Propenoic acid, 2-methyl-, methyl
                                   ester (I,T)
U163                     70-25-7  Guanidine, -methyl-N'-nitro-N-nitroso-
U163                     70-25-7  MNNG
U164                     56-04-2  Methylthiouracil
U164                     56-04-2  4(1H)-Pyrimidinone, 2,3-dihydro-6-
                                   methyl-2-thioxo-
U165                     91-20-3  Naphthalene
U166                    130-15-4  1,4-Naphthalenedione
U166                    130-15-4  1,4-Naphthoquinone
U167                    134-32-7  1-Naphthalenamine
U167                    134-32-7  alpha-Naphthylamine
U168                     91-59-8  2-Naphthalenamine
U168                     91-59-8  beta-Naphthylamine
U169                     98-95-3  Benzene, nitro-
U169                     98-95-3  Nitrobenzene (I,T)
U170                    100-02-7  p-Nitrophenol
U170                    100-02-7  Phenol, 4-nitro-
U171                     79-46-9  2-Nitropropane (I,T)
U171                     79-46-9  Propane, 2-nitro- (I,T)
U172                    924-16-3  1-Butanamine, N-butyl-N-nitroso-
U172                    924-16-3  N-Nitrosodi-n-butylamine
U173                   1116-54-7  Ethanol, 2,2'-(nitrosoimino)bis-
U173                   1116-54-7  N-Nitrosodiethanolamine
U174                     55-18-5  Ethanamine, -ethyl-N-nitroso-
U174                     55-18-5  N-Nitrosodiethylamine
U176                    759-73-9  N-Nitroso-N-ethylurea
U176                    759-73-9  Urea, N-ethyl-N-nitroso-
U177                    684-93-5  N-Nitroso-N-methylurea
U177                    684-93-5  Urea, N-methyl-N-nitroso-
U178                    615-53-2  Carbamic acid, methylnitroso-, ethyl
                                   ester

[[Page 100]]

 
U178                    615-53-2  N-Nitroso-N-methylurethane
U179                    100-75-4  N-Nitrosopiperidine
U179                    100-75-4  Piperidine, 1-nitroso-
U180                    930-55-2  N-Nitrosopyrrolidine
U180                    930-55-2  Pyrrolidine, 1-nitroso-
U181                     99-55-8  Benzenamine, 2-methyl-5-nitro-
U181                     99-55-8  5-Nitro-o-toluidine
U182                    123-63-7  1,3,5-Trioxane, 2,4,6-trimethyl-
U182                    123-63-7  Paraldehyde
U183                    608-93-5  Benzene, pentachloro-
U183                    608-93-5  Pentachlorobenzene
U184                     76-01-7  Ethane, pentachloro-
U184                     76-01-7  Pentachloroethane
U185                     82-68-8  Benzene, pentachloronitro-
U185                     82-68-8  Pentachloronitrobenzene (PCNB)
U186                    504-60-9  1-Methylbutadiene (I)
U186                    504-60-9  1,3-Pentadiene (I)
U187                     62-44-2  Acetamide, -(4-ethoxyphenyl)-
U187                     62-44-2  Phenacetin
U188                    108-95-2  Phenol
U189                   1314-80-3  Phosphorus sulfide (R)
U189                   1314-80-3  Sulfur phosphide (R)
U190                     85-44-9  1,3-Isobenzofurandione
U190                     85-44-9  Phthalic anhydride
U191                    109-06-8  2-Picoline
U191                    109-06-8  Pyridine, 2-methyl-
U192                  23950-58-5  Benzamide, 3,5-dichloro-N-(1,1-
                                   dimethyl-2-propynyl)-
U192                  23950-58-5  Pronamide
U193                   1120-71-4  1,2-Oxathiolane, 2,2-dioxide
U193                   1120-71-4  1,3-Propane sultone
U194                    107-10-8  1-Propanamine (I,T)
U194                    107-10-8  n-Propylamine (I,T)
U196                    110-86-1  Pyridine
U197                    106-51-4  p-Benzoquinone
U197                    106-51-4  2,5-Cyclohexadiene-1,4-dione
U200                     50-55-5  Reserpine
U200                     50-55-5  Yohimban-16-carboxylic acid, 11,17-
                                   dimethoxy-18-[(3,4,5-
                                   trimethoxybenzoyl)oxy]-, methyl
                                   ester,(3beta,16beta,17alpha,18beta,20
                                   alpha)-
U201                    108-46-3  1,3-Benzenediol
U201                    108-46-3  Resorcinol
U203                     94-59-7  1,3-Benzodioxole, 5-(2-propenyl)-
U203                     94-59-7  Safrole
U204                   7783-00-8  Selenious acid
U204                   7783-00-8  Selenium dioxide
U205                   7488-56-4  Selenium sulfide
U205                   7488-56-4  Selenium sulfide SeS2 (R,T)
U206                  18883-66-4  Glucopyranose, 2-deoxy-2-(3-methyl-3-
                                   nitrosoureido)-, D-
U206                  18883-66-4  D-Glucose, 2-deoxy-2-
                                   [[(methylnitrosoamino)-
                                   carbonyl]amino]-
U206                  18883-66-4  Streptozotocin
U207                     95-94-3  Benzene, 1,2,4,5-tetrachloro-
U207                     95-94-3  1,2,4,5-Tetrachlorobenzene
U208                    630-20-6  Ethane, 1,1,1,2-tetrachloro-
U208                    630-20-6  1,1,1,2-Tetrachloroethane
U209                     79-34-5  Ethane, 1,1,2,2-tetrachloro-
U209                     79-34-5  1,1,2,2-Tetrachloroethane
U210                    127-18-4  Ethene, tetrachloro-
U210                    127-18-4  Tetrachloroethylene
U211                     56-23-5  Carbon tetrachloride
U211                     56-23-5  Methane, tetrachloro-
U213                    109-99-9  Furan, tetrahydro-(I)
U213                    109-99-9  Tetrahydrofuran (I)
U214                    563-68-8  Acetic acid, thallium(1 + ) salt
U214                    563-68-8  Thallium(I) acetate
U215                   6533-73-9  Carbonic acid, dithallium(1 + ) salt
U215                   6533-73-9  Thallium(I) carbonate
U216                   7791-12-0  Thallium(I) chloride
U216                   7791-12-0  Thallium chloride TlCl
U217                  10102-45-1  Nitric acid, thallium(1 + ) salt
U217                  10102-45-1  Thallium(I) nitrate
U218                     62-55-5  Ethanethioamide
U218                     62-55-5  Thioacetamide
U219                     62-56-6  Thiourea

[[Page 101]]

 
U220                    108-88-3  Benzene, methyl-
U220                    108-88-3  Toluene
U221                  25376-45-8  Benzenediamine, ar-methyl-
U221                  25376-45-8  Toluenediamine
U222                    636-21-5  Benzenamine, 2-methyl-, hydrochloride
U222                    636-21-5  o-Toluidine hydrochloride
U223                  26471-62-5  Benzene, 1,3-diisocyanatomethyl- (R,T)
U223                  26471-62-5  Toluene diisocyanate (R,T)
U225                     75-25-2  Bromoform
U225                     75-25-2  Methane, tribromo-
U226                     71-55-6  Ethane, 1,1,1-trichloro-
U226                     71-55-6  Methyl chloroform
U226                     71-55-6  1,1,1-Trichloroethane
U227                     79-00-5  Ethane, 1,1,2-trichloro-
U227                     79-00-5  1,1,2-Trichloroethane
U228                     79-01-6  Ethene, trichloro-
U228                     79-01-6  Trichloroethylene
U234                     99-35-4  Benzene, 1,3,5-trinitro-
U234                     99-35-4  1,3,5-Trinitrobenzene (R,T)
U235                    126-72-7  1-Propanol, 2,3-dibromo-, phosphate
                                   (3:1)
U235                    126-72-7  Tris(2,3-dibromopropyl) phosphate
U236                     72-57-1  2,7-Naphthalenedisulfonic acid, 3,3'-
                                   [(3,3'-dimethyl[1,1'-biphenyl]-4,4'-
                                   diyl)bis(azo)bis[5-amino-4-hydroxy]-,
                                   tetrasodium salt
U236                     72-57-1  Trypan blue
U237                     66-75-1  2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-
                                   chloroethyl)amino]-
U237                     66-75-1  Uracil mustard
U238                     51-79-6  Carbamic acid, ethyl ester
U238                     51-79-6  Ethyl carbamate (urethane)
U239                   1330-20-7  Benzene, dimethyl- (I,T)
U239                   1330-20-7  Xylene (I)
U240                 \1\ 94-75-7  Acetic acid, (2,4-dichlorophenoxy)-,
                                   salts & esters
U240                 \1\ 94-75-7  2,4-D, salts & esters
U243                   1888-71-7  Hexachloropropene
U243                   1888-71-7  1-Propene, 1,1,2,3,3,3-hexachloro-
U244                    137-26-8  Thioperoxydicarbonic diamide
                                   [(H2N)C(S)]2 S2, tetramethyl-
U244                    137-26-8  Thiram
U246                    506-68-3  Cyanogen bromide (CN)Br
U247                     72-43-5  Benzene, 1,1'-(2,2,2-
                                   trichloroethylidene)bis[4- methoxy-
U247                     72-43-5  Methoxychlor
U248                 \1\ 81-81-2  2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-
                                   oxo-1-phenyl-butyl)-, & salts, when
                                   present at concentrations of 0.3% or
                                   less
U248                 \1\ 81-81-2  Warfarin, & salts, when present at
                                   concentrations of 0.3% or less
U249                   1314-84-7  Zinc phosphide Zn3 P2, when present at
                                   concentrations of 10% or less
U271                  17804-35-2  Benomyl
U271                  17804-35-2  Carbamic acid, [1-
                                   [(butylamino)carbonyl]-1H-
                                   benzimidazol-2-yl]-, methyl ester
U278                  22781-23-3  Bendiocarb
U278                  22781-23-3  1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
                                   methyl carbamate
U279                     63-25-2  Carbaryl
U279                     63-25-2  1-Naphthalenol, methylcarbamate
U280                    101-27-9  Barban
U280                    101-27-9  Carbamic acid, (3-chlorophenyl)-, 4-
                                   chloro-2-butynyl ester
U328                     95-53-4  Benzenamine, 2-methyl-
U328                     95-53-4  o-Toluidine
U353                    106-49-0  Benzenamine, 4-methyl-
U353                    106-49-0  p-Toluidine
U359                    110-80-5  Ethanol, 2-ethoxy-
U359                    110-80-5  Ethylene glycol monoethyl ether
U364                  22961-82-6  Bendiocarb phenol
U364                  22961-82-6  1,3-Benzodioxol-4-ol, 2,2-dimethyl-,
U367                   1563-38-8  7-Benzofuranol, 2,3-dihydro-2,2-
                                   dimethyl-
U367                   1563-38-8  Carbofuran phenol
U372                  10605-21-7  Carbamic acid, 1H-benzimidazol-2-yl,
                                   methyl ester
U372                  10605-21-7  Carbendazim
U373                    122-42-9  Carbamic acid, phenyl-, 1-methylethyl
                                   ester
U373                    122-42-9  Propham
U387                  52888-80-9  Carbamothioic acid, dipropyl-, S-
                                   (phenylmethyl) ester
U387                  52888-80-9  Prosulfocarb
U389                   2303-17-5  Carbamothioic acid, bis(1-methylethyl)-
                                   , S-(2,3,3-trichloro-2-propenyl)
                                   ester
U389                   2303-17-5  Triallate
U394                  30558-43-1  A2213
U394                  30558-43-1  Ethanimidothioic acid, 2-
                                   (dimethylamino)-N-hydroxy-2-oxo-,
                                   methyl ester
U395                   5952-26-1  Diethylene glycol, dicarbamate

[[Page 102]]

 
U395                   5952-26-1  Ethanol, 2,2'-oxybis-, dicarbamate
U404                    121-44-8  Ethanamine, N,N-diethyl-
U404                    121-44-8  Triethylamine
U409                  23564-05-8  Carbamic acid, [1,2-phenylenebis
                                   (iminocarbonothioyl)]bis-, dimethyl
                                   ester
U409                  23564-05-8  Thiophanate-methyl
U410                  59669-26-0  Ethanimidothioic acid, N,N'-
                                   [thiobis[(methylimino)carbonyloxy]]bi
                                   s-, dimethyl ester
U410                  59669-26-0  Thiodicarb
U411                    114-26-1  Phenol, 2-(1-methylethoxy)-,
                                   methylcarbamate
U411                    114-26-1  Propoxur
See F027                 93-76-5  Acetic acid, (2,4,5-trichlorophenoxy)-
See F027                 87-86-5  Pentachlorophenol
See F027                 87-86-5  Phenol, pentachloro-
See F027                 58-90-2  Phenol, 2,3,4,6-tetrachloro-
See F027                 95-95-4  Phenol, 2,4,5-trichloro-
See F027                 88-06-2  Phenol, 2,4,6-trichloro-
See F027                 93-72-1  Propanoic acid, 2-(2,4,5-
                                   trichlorophenoxy)-
See F027                 93-72-1  Silvex (2,4,5-TP)
See F027                 93-76-5  2,4,5-T
See F027                 58-90-2  2,3,4,6-Tetrachlorophenol
See F027                 95-95-4  2,4,5-Trichlorophenol
See F027                 88-06-2  2,4,6-Trichlorophenol
------------------------------------------------------------------------
\1\ CAS Number given for parent compound only.


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

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



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

    (a) Wastes from wood preserving processes at plants that do not 
resume or initiate use of chlorophenolic preservatives will not meet the 
listing definition of F032 once the generator has met all of the 
requirements of paragraphs (b) and (c) of this section. These wastes 
may, however, continue to meet another hazardous waste listing 
description or may exhibit one or more of the hazardous waste 
characteristics.
    (b) Generators must either clean or replace all process equipment 
that may have come into contact with chlorophenolic formulations or 
constituents thereof, including, but not limited to, treatment 
cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and 
trams, in a manner that minimizes or eliminates the escape of hazardous 
waste or constituents, leachate, contaminated drippage, or hazardous 
waste decomposition products to the ground water, surface water, or 
atmosphere.
    (1) Generators shall do one of the following:
    (i) Prepare and follow an equipment cleaning plan and clean 
equipment in accordance with this section;
    (ii) Prepare and follow an equipment replacement plan and replace 
equipment in accordance with this section; or
    (iii) Document cleaning and replacement in accordance with this 
section, carried out after termination of use of chlorophenolic 
preservations.
    (2) Cleaning Requirements.

[[Page 103]]

    (i) Prepare and sign a written equipment cleaning plan that 
describes:
    (A) The equipment to be cleaned;
    (B) How the equipment will be cleaned;
    (C) The solvent to be used in cleaning;
    (D) How solvent rinses will be tested; and
    (E) How cleaning residues will be disposed.
    (ii) Equipment must be cleaned as follows:
    (A) Remove all visible residues from process equipment;
    (B) Rinse process equipment with an appropriate solvent until 
dioxins and dibenzofurans are not detected in the final solvent rinse.
    (iii) Analytical requirements.
    (A) Rinses must be tested by using an appropriate method.
    (B) ``Not detected'' means at or below the following lower method 
calibration limits (MCLs): The 2,3,7,8-TCDD-based MCL--0.01 parts per 
trillion (ppt), sample weight of 1000 g, IS spiking level of 1 ppt, 
final extraction volume of 10-50 mL. For other congeners--multiply the 
values by 1 for TCDF/PeCDD/PeCDF, by 2.5 for HxCDD/HxCDF/HpCDD/HpCDF, 
and by 5 for OCDD/OCDF.
    (iv) The generator must manage all residues from the cleaning 
process as F032 waste.
    (3) Replacement requirements.
    (i) Prepare and sign a written equipment replacement plan that 
describes:
    (A) The equipment to be replaced;
    (B) How the equipment will be replaced; and
    (C) How the equipment will be disposed.
    (ii) The generator must manage the discarded equipment as F032 
waste.
    (4) Documentation requirements.
    (i) Document that previous equipment cleaning and/or replacement was 
performed in accordance with this section and occurred after cessation 
of use of chlorophenolic preservatives.
    (c) The generator must maintain the following records documenting 
the cleaning and replacement as part of the facility's operating record:
    (1) The name and address of the facility;
    (2) Formulations previously used and the date on which their use 
ceased in each process at the plant;
    (3) Formulations currently used in each process at the plant;
    (4) The equipment cleaning or replacement plan;
    (5) The name and address of any persons who conducted the cleaning 
and replacement;
    (6) The dates on which cleaning and replacement were accomplished;
    (7) The dates of sampling and testing;
    (8) A description of the sample handling and preparation techniques, 
including techniques used for extraction, containerization, 
preservation, and chain-of-custody of the samples;
    (9) A description of the tests performed, the date the tests were 
performed, and the results of the tests;
    (10) The name and model numbers of the instrument(s) used in 
performing the tests;
    (11) QA/QC documentation; and
    (12) The following statement signed by the generator or his 
authorized representative:
    I certify under penalty of law that all process equipment required 
to be cleaned or replaced under 40 CFR 261.35 was cleaned or replaced as 
represented in the equipment cleaning and replacement plan and 
accompanying documentation. I am aware that there are significant 
penalties for providing false information, including the possibility of 
fine or imprisonment.

[55 FR 50482, Dec. 6, 1990, as amended at 56 FR 30195, July 1, 1991; 70 
FR 34561, June 14, 2005]



                     Subpart E_Exclusions/Exemptions

    Source: 71 FR 42948, July 28, 2006, unless otherwise noted.



Sec. 261.38  [Reserved]



Sec. 261.39  Conditional Exclusion for Used, Broken Cathode Ray Tubes 
(CRTs) and Processed CRT Glass Undergoing Recycling.

    Used, broken CRTs are not solid wastes if they meet the following 
conditions:
    (a) Prior to processing: These materials are not solid wastes if 
they are destined for recycling and if they meet the following 
requirements:

[[Page 104]]

    (1) Storage. The broken CRTs must be either:
    (i) Stored in a building with a roof, floor, and walls, or
    (ii) Placed in a container (i.e., a package or a vehicle) that is 
constructed, filled, and closed to minimize releases to the environment 
of CRT glass (including fine solid materials).
    (2) Labeling. Each container in which the used, broken CRT is 
contained must be labeled or marked clearly with one of the following 
phrases: ``Used cathode ray tube(s)-contains leaded glass '' or ``Leaded 
glass from televisions or computers.'' It must also be labeled: ``Do not 
mix with other glass materials.''
    (3) Transportation. The used, broken CRTs must be transported in a 
container meeting the requirements of paragraphs (a)(1)(ii) and (2) of 
this section.
    (4) Speculative accumulation and use constituting disposal. The 
used, broken CRTs are subject to the limitations on speculative 
accumulation as defined in paragraph (c)(8) of this section. If they are 
used in a manner constituting disposal, they must comply with the 
applicable requirements of part 266, subpart C instead of the 
requirements of this section.
    (5) Exports. In addition to the applicable conditions specified in 
paragraphs (a)(1)-(4) of this section, exporters of used, broken CRTs 
must comply with the following requirements:
    (i) Notify EPA of an intended export before the CRTs are scheduled 
to leave the United States. A complete notification should be submitted 
sixty (60) days before the initial shipment is intended to be shipped 
off-site. This notification may cover export activities extending over a 
twelve (12) month or lesser period. The notification must be in writing, 
signed by the exporter, and include the following information:
    (A) Name, mailing address, telephone number and EPA ID number (if 
applicable) of the exporter of the CRTs.
    (B) The estimated frequency or rate at which the CRTs are to be 
exported and the period of time over which they are to be exported.
    (C) The estimated total quantity of CRTs specified in kilograms.
    (D) All points of entry to and departure from each foreign country 
through which the CRTs will pass.
    (E) A description of the means by which each shipment of the CRTs 
will be transported (e.g., mode of transportation vehicle (air, highway, 
rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.)).
    (F) The name and address of the recycler or recyclers and the 
estimated quantity of used CRTs to be sent to each facility, as well as 
the names of any alternate recyclers.
    (G) A description of the manner in which the CRTs will be recycled 
in the foreign country that will be receiving the CRTs.
    (H) The name of any transit country through which the CRTs will be 
sent and a description of the approximate length of time the CRTs will 
remain in such country and the nature of their handling while there.
    (ii) Notifications must be submitted electronically using EPA's 
Waste Import Export Tracking System (WIETS), or its successor system.
    (iii) Upon request by EPA, the exporter shall furnish to EPA any 
additional information which a receiving country requests in order to 
respond to a notification.
    (iv) EPA will provide a complete notification to the receiving 
country and any transit countries. A notification is complete when EPA 
receives a notification which EPA determines satisfies the requirements 
of paragraph (a)(5)(i) of this section. Where a claim of confidentiality 
is asserted with respect to any notification information required by 
paragraph (a)(5)(i) of this section, EPA may find the notification not 
complete until any such claim is resolved in accordance with 40 CFR 
260.2.
    (v) The export of CRTs is prohibited unless all of the following 
occur:
    (A) The receiving country consents to the intended export. When the 
receiving country consents in writing to the receipt of the CRTs, EPA 
will forward an Acknowledgment of Consent to Export CRTs to the 
exporter. Where the receiving country objects to receipt of the CRTs or 
withdraws a prior consent, EPA will notify the exporter in

[[Page 105]]

writing. EPA will also notify the exporter of any responses from transit 
countries.
    (B) On or after the AES filing compliance date, the exporter or a 
U.S. authorized agent must:
    (1) Submit Electronic Export Information (EEI) for each shipment to 
the Automated Export System (AES) or its successor system, under the 
International Trade Data System (ITDS) platform, in accordance with 15 
CFR 30.4(b).
    (2) Include the following items in the EEI, along with the other 
information required under 15 CFR 30.6:
    (i) EPA license code;
    (ii) Commodity classification code per 15 CFR 30.6(a)(12);
    (iii) EPA consent number;
    (iv) Country of ultimate destination per 15 CFR 30.6(a)(5);
    (v) Date of export per 15 CFR 30.6(a)(2);
    (vi) Quantity of waste in shipment and units for reported quantity, 
if required reporting units established by value for the reported 
commodity classification number are in units of weight or volume per 15 
CFR 30.6(a)(15); or
    (vii) EPA net quantity reported in units of kilograms, if required 
reporting units established by value for the reported commodity 
classification number are not in units of weight or volume.
    (vi) When the conditions specified on the original notification 
change, the exporter must provide EPA with a written renotification of 
the change using the allowable methods listed in paragraph (a)(5)(ii) of 
this section, except for changes to the telephone number in paragraph 
(a)(5)(i)(A) of this section and decreases in the quantity indicated 
pursuant to paragraph (a)(5)(i)(C) of this section. The shipment cannot 
take place until consent of the receiving country to the changes has 
been obtained (except for changes to information about points of entry 
and departure and transit countries pursuant to paragraphs (a)(5)(i)(D) 
and (H) of this section) and the exporter of CRTs receives from EPA a 
copy of the Acknowledgment of Consent to Export CRTs reflecting the 
receiving country's consent to the changes.
    (vii) A copy of the Acknowledgment of Consent to Export CRTs must 
accompany the shipment of CRTs. The shipment must conform to the terms 
of the Acknowledgment.
    (viii) If a shipment of CRTs cannot be delivered for any reason to 
the recycler or the alternate recycler, the exporter of CRTs must 
renotify EPA of a change in the conditions of the original notification 
to allow shipment to a new recycler in accordance with paragraph 
(a)(5)(vi) of this section and obtain another Acknowledgment of Consent 
to Export CRTs.
    (ix) Exporters must keep copies of notifications and Acknowledgments 
of Consent to Export CRTs for a period of three years following receipt 
of the Acknowledgment. Exporters may satisfy this recordkeeping 
requirement by retaining electronically submitted notifications or 
electronically generated Acknowledgements in the CRT exporter's account 
on EPA's Waste Import Export Tracking System (WIETS), or its successor 
system, provided that such copies are readily available for viewing and 
production if requested by any EPA or authorized state inspector. No CRT 
exporter may be held liable for the inability to produce a notification 
or Acknowledgement for inspection under this section if the CRT exporter 
can demonstrate that the inability to produce such copies are due 
exclusively to technical difficulty with EPA's Waste Import Export 
Tracking System (WIETS), or its successor system for which the CRT 
exporter bears no responsibility.
    (x) CRT exporters must file with EPA no later than March 1 of each 
year, an annual report summarizing the quantities (in kilograms), 
frequency of shipment, and ultimate destination(s) (i.e., the facility 
or facilities where the recycling occurs) of all used CRTs exported 
during the previous calendar year. Such reports must also include the 
following:
    (A) The name, EPA ID number (if applicable), and mailing and site 
address of the exporter;
    (B) The calendar year covered by the report;
    (C) A certification signed by the CRT exporter that states:

[[Page 106]]

    ``I certify under penalty of law that I have personally examined and 
am familiar with the information submitted in this and all attached 
documents and that, based on my inquiry of those individuals immediately 
responsible for obtaining this 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.''
    (xi) Prior to one year after the AES filing compliance date, annual 
reports must be sent to the following mailing address: Office of 
Enforcement and Compliance Assurance, Office of Federal Activities, 
International Compliance Assurance Division, (Mail Code 2254A), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, 
DC 20460. Hand-delivered annual reports on used CRTs exported during 
2016 should be sent to: Office of Enforcement and Compliance Assurance, 
Office of Federal Activities, International Compliance Assurance 
Division, (Mail Code 2254A), Environmental Protection Agency, Ariel Rios 
Bldg., Room 6144, 1200 Pennsylvania Ave. NW., Washington, DC. 
Subsequently, annual reports must be submitted to the office listed 
using the allowable methods specified in paragraph (a)(5)(ii) of this 
section. Exporters must keep copies of each annual report for a period 
of at least three years from the due date of the report. Exporters may 
satisfy this recordkeeping requirement by retaining electronically 
submitted annual reports in the CRT exporter's account on EPA's Waste 
Import Export Tracking System (WIETS), or its successor system, provided 
that a copy is readily available for viewing and production if requested 
by any EPA or authorized state inspector. No CRT exporter may be held 
liable for the inability to produce an annual report for inspection 
under this section if the CRT exporter can demonstrate that the 
inability to produce the annual report is due exclusively to technical 
difficulty with EPA's Waste Import Export Tracking System (WIETS), or 
its successor system for which the CRT exporter bears no responsibility.
    (b) Requirements for used CRT processing: Used, broken CRTs 
undergoing CRT processing as defined in Sec. 260.10 of this chapter are 
not solid wastes if they meet the following requirements:
    (1) Storage. Used, broken CRTs undergoing processing are subject to 
the requirement of paragraph (a)(4) of this section.
    (2) Processing.
    (i) All activities specified in paragraphs (2) and (3) of the 
definition of ``CRT processing'' in Sec. 260.10 of this chapter must be 
performed within a building with a roof, floor, and walls; and
    (ii) No activities may be performed that use temperatures high 
enough to volatilize lead from CRTs.
    (c) Processed CRT glass sent to CRT glass making or lead smelting: 
Glass from used CRTs that is destined for recycling at a CRT glass 
manufacturer or a lead smelter after processing is not a solid waste 
unless it is speculatively accumulated as defined in Sec. 261.1(c)(8).
    (d) Use constituting disposal: Glass from used CRTs that is used in 
a manner constituting disposal must comply with the requirements of 40 
CFR part 266, subpart C instead of the requirements of this section.

[45 FR 33119, May 19, 1980, as amended at 79 FR 36231, June 26, 2014; 81 
FR 85714, Nov. 28, 2016]



Sec. 261.40  Conditional Exclusion for Used, Intact Cathode Ray Tubes
(CRTs) Exported for Recycling.

    Used, intact CRTs exported for recycling are not solid wastes if 
they meet the notice and consent conditions of Sec. 261.39(a)(5), and if 
they are not speculatively accumulated as defined in Sec. 261.1(c)(8).



Sec. 261.41  Notification and Recordkeeping for Used, Intact Cathode
Ray Tubes (CRTs) Exported for Reuse.

    (a) CRT exporters who export used, intact CRTs for reuse must send a 
notification to EPA. This notification may cover export activities 
extending over a twelve (12) month or lesser period.
    (1) The notification must be in writing, signed by the exporter, and 
include the following information:

[[Page 107]]

    (i) Name, mailing address, telephone number, and EPA ID number (if 
applicable) of the exporter of the used, intact CRTs;
    (ii) The estimated frequency or rate at which the used, intact CRTs 
are to be exported for reuse and the period of time over which they are 
to be exported;
    (iii) The estimated total quantity of used, intact CRTs specified in 
kilograms;
    (iv) All points of entry to and departure from each transit country 
through which the used, intact CRTs will pass, a description of the 
approximate length of time the used, intact CRTs will remain in such 
country, and the nature of their handling while there;
    (v) A description of the means by which each shipment of the used, 
intact CRTs will be transported (e.g., mode of transportation vehicle 
(air, highway, rail, water, etc.), type(s) of container (drums, boxes, 
tanks, etc.));
    (vi) The name and address of the ultimate destination facility or 
facilities where the used, intact CRTs will be reused, refurbished, 
distributed, or sold for reuse and the estimated quantity of used, 
intact CRTs to be sent to each facility, as well as the name of any 
alternate destination facility or facilities;
    (vii) A description of the manner in which the used, intact CRTs 
will be reused (including reuse after refurbishment) in the foreign 
country that will be receiving the used, intact CRTs; and
    (viii) A certification signed by the CRT exporter that states:
    ``I certify under penalty of law that the CRTs described in this 
notice are intact and fully functioning or capable of being functional 
after refurbishment and that the used CRTs will be reused or refurbished 
and reused. I certify under penalty of law that I have personally 
examined and am familiar with the information submitted in this and all 
attached documents and that, based on my inquiry of those individuals 
immediately responsible for obtaining the information, I believe that 
the submitted information is true, accurate, and complete. I am aware 
that there are significant penalties for submitting false information, 
including the possibility of fine and imprisonment.''
    (2) Notifications submitted by mail should be sent to the following 
mailing address: Office of Enforcement and Compliance Assurance, Office 
of Federal Activities, International Compliance Assurance Division, 
(Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460. Hand-delivered notifications should be 
sent to: Office of Enforcement and Compliance Assurance, Office of 
Federal Activities, International Compliance Assurance Division, (Mail 
Code 2254A), Environmental Protection Agency, William Jefferson Clinton 
Building, Room 6144, 1200 Pennsylvania Ave. NW., Washington, DC 20004. 
In both cases, the following shall be prominently displayed on the front 
of the envelope: ``Attention: Notification of Intent to Export CRTs.''
    (b) CRT exporters of used, intact CRTs sent for reuse must keep 
copies of normal business records, such as contracts, demonstrating that 
each shipment of exported used, intact CRTs will be reused. This 
documentation must be retained for a period of at least three years from 
the date the CRTs were exported. If the documents are written in a 
language other than English, CRT exporters of used, intact CRTs sent for 
reuse must provide both the original, non-English version of the normal 
business records as well as a third-party translation of the normal 
business records into English within 30 days upon request by EPA.

[79 FR 36231, June 26, 2014]

Subparts F-G [Reserved]



 Subpart H_Financial Requirements for Management of Excluded Hazardous 
                           Secondary Materials

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



Sec. 261.140  Applicability.

    (a) The requirements of this subpart apply to owners or operators of 
reclamation and intermediate facilities managing hazardous secondary 
materials excluded under 40 CFR

[[Page 108]]

Sec. 261.4(a)(24), except as provided otherwise in this section.
    (b) States and the Federal government are exempt from the financial 
assurance requirements of this subpart.



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

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



Sec. 261.142  Cost estimate.

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



Sec. 261.143  Financial assurance condition.

    Per Sec. 261.4(a)(24)(vi)(F) of this chapter, an owner or operator 
of a reclamation or intermediate facility must have financial assurance 
as a condition of

[[Page 109]]

the exclusion as required under Sec. 261.4(a)(24) of this chapter. He 
must choose from the options as specified in paragraphs (a) through (e) 
of this section.
    (a) Trust fund. (1) An owner or operator may satisfy the 
requirements of this section by establishing a trust fund which conforms 
to the requirements of this paragraph and submitting an originally 
signed duplicate of the trust agreement to the Regional Administrator. 
The trustee must be an entity which has the authority to act as a 
trustee and whose trust operations are regulated and examined by a 
Federal or State agency.
    (2) The wording of the trust agreement must be identical to the 
wording specified in Sec. 261.151(a)(1), and the trust agreement must be 
accompanied by a formal certification of acknowledgment (for example, 
see Sec. 261.151(a)(2)). Schedule A of the trust agreement must be 
updated within 60 days after a change in the amount of the current cost 
estimate covered by the agreement.
    (3) The trust fund must be funded for the full amount of the current 
cost estimate before it may be relied upon to satisfy the requirements 
of this section.
    (4) Whenever the current cost estimate changes, the owner or 
operator must compare the new estimate with the trustee's most recent 
annual valuation of the trust fund. If the value of the fund is less 
than the amount of the new estimate, the owner or operator, within 60 
days after the change in the cost estimate, must either deposit an 
amount into the fund so that its value after this deposit at least 
equals the amount of the current cost estimate, or obtain other 
financial assurance as specified in this section to cover the 
difference.
    (5) If the value of the trust fund is greater than the total amount 
of the current cost estimate, the owner or operator may submit a written 
request to the Regional Administrator for release of the amount in 
excess of the current cost estimate.
    (6) If an owner or operator substitutes other financial assurance as 
specified in this section for all or part of the trust fund, he may 
submit a written request to the Regional Administrator for release of 
the amount in excess of the current cost estimate covered by the trust 
fund.
    (7) Within 60 days after receiving a request from the owner or 
operator for release of funds as specified in paragraph (a) (5) or (6) 
of this section, the Regional Administrator will instruct the trustee to 
release to the owner or operator such funds as the Regional 
Administrator specifies in writing. If the owner or operator begins 
final closure under subpart G of 40 CFR part 264 or 265, an owner or 
operator may request reimbursements for partial or final closure 
expenditures by submitting itemized bills to the Regional Administrator. 
The owner or operator may request reimbursements for partial closure 
only if sufficient funds are remaining in the trust fund to cover the 
maximum costs of closing the facility over its remaining operating life. 
No later than 60 days after receiving bills for partial or final closure 
activities, the Regional Administrator will instruct the trustee to make 
reimbursements in those amounts as the Regional Administrator specifies 
in writing, if the Regional Administrator determines that the partial or 
final closure expenditures are in accordance with the approved closure 
plan, or otherwise justified. If the Regional Administrator has reason 
to believe that the maximum cost of closure over the remaining life of 
the facility will be significantly greater than the value of the trust 
fund, he may withhold reimbursements of such amounts as he deems prudent 
until he determines, in accordance with Sec. 265.143(i) that the owner 
or operator is no longer required to maintain financial assurance for 
final closure of the facility. If the Regional Administrator does not 
instruct the trustee to make such reimbursements, he will provide to the 
owner or operator a detailed written statement of reasons.
    (8) The Regional Administrator will agree to termination of the 
trust when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the

[[Page 110]]

requirements of this section in accordance with paragraph (i) of this 
section.
    (b) Surety bond guaranteeing payment into a trust fund. (1) An owner 
or operator may satisfy the requirements of this section by obtaining a 
surety bond which conforms to the requirements of this paragraph and 
submitting the bond to the Regional Administrator. The surety company 
issuing the bond must, at a minimum, be among those listed as acceptable 
sureties on Federal bonds in Circular 570 of the U.S. Department of the 
Treasury.
    (2) The wording of the surety bond must be identical to the wording 
specified in Sec. 261.151(b).
    (3) The owner or operator who uses a surety bond to satisfy the 
requirements of this section must also establish a standby trust fund. 
Under the terms of the bond, all payments made thereunder will be 
deposited by the surety directly into the standby trust fund in 
accordance with instructions from the Regional Administrator. This 
standby trust fund must meet the requirements specified in paragraph (a) 
of this section, except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator with the surety bond; and
    (ii) Until the standby trust fund is funded pursuant to the 
requirements of this section, the following are not required by these 
regulations:
    (A) Payments into the trust fund as specified in paragraph (a) of 
this section;
    (B) Updating of Schedule A of the trust agreement (see 
Sec. 261.151(a)) to show current cost estimates;
    (C) Annual valuations as required by the trust agreement; and
    (D) Notices of nonpayment as required by the trust agreement.
    (4) The bond must guarantee that the owner or operator will:
    (i) Fund the standby trust fund in an amount equal to the penal sum 
of the bond before loss of the exclusion under Sec. 261.4(a)(24) of this 
chapter or
    (ii) Fund the standby trust fund in an amount equal to the penal sum 
within 15 days after an administrative order to begin closure issued by 
the Regional Administrator becomes final, or within 15 days after an 
order to begin closure is issued by a U.S. district court or other court 
of competent jurisdiction; or
    (iii) Provide alternate financial assurance as specified in this 
section, and obtain the Regional Administrator's written approval of the 
assurance provided, within 90 days after receipt by both the owner or 
operator and the Regional Administrator of a notice of cancellation of 
the bond from the surety.
    (5) Under the terms of the bond, the surety will become liable on 
the bond obligation when the owner or operator fails to perform as 
guaranteed by the bond.
    (6) The penal sum of the bond must be in an amount at least equal to 
the current cost estimate, except as provided in paragraph (f) of this 
section.
    (7) Whenever the current cost estimate increases to an amount 
greater than the penal sum, the owner or operator, within 60 days after 
the increase, must either cause the penal sum to be increased to an 
amount at least equal to the current cost estimate and submit evidence 
of such increase to the Regional Administrator, or obtain other 
financial assurance as specified in this section to cover the increase. 
Whenever the current cost estimate decreases, the penal sum may be 
reduced to the amount of the current cost estimate following written 
approval by the Regional Administrator.
    (8) Under the terms of the bond, the surety may cancel the bond by 
sending notice of cancellation by certified mail to the owner or 
operator and to the Regional Administrator. Cancellation may not occur, 
however, during the 120 days beginning on the date of receipt of the 
notice of cancellation by both the owner or operator and the Regional 
Administrator, as evidenced by the return receipts.
    (9) The owner or operator may cancel the bond if the Regional 
Administrator has given prior written consent based on his receipt of 
evidence of alternate financial assurance as specified in this section.
    (c) Letter of credit. (1) An owner or operator may satisfy the 
requirements of this section by obtaining an irrevocable standby letter 
of credit which conforms to the requirements of this

[[Page 111]]

paragraph and submitting the letter to the Regional Administrator. The 
issuing institution must be an entity which has the authority to issue 
letters of credit and whose letter-of-credit operations are regulated 
and examined by a Federal or State agency.
    (2) The wording of the letter of credit must be identical to the 
wording specified in Sec. 261.151(c).
    (3) An owner or operator who uses a letter of credit to satisfy the 
requirements of this section must also establish a standby trust fund. 
Under the terms of the letter of credit, all amounts paid pursuant to a 
draft by the Regional Administrator will be deposited by the issuing 
institution directly into the standby trust fund in accordance with 
instructions from the Regional Administrator. This standby trust fund 
must meet the requirements of the trust fund specified in paragraph (a) 
of this section, except that:
    (i) An originally signed duplicate of the trust agreement must be 
submitted to the Regional Administrator with the letter of credit; and
    (ii) Unless the standby trust fund is funded pursuant to the 
requirements of this section, the following are not required by these 
regulations:
    (A) Payments into the trust fund as specified in paragraph (a) of 
this section;
    (B) Updating of Schedule A of the trust agreement (see 
Sec. 261.151(a)) to show current cost estimates;
    (C) Annual valuations as required by the trust agreement; and
    (D) Notices of nonpayment as required by the trust agreement.
    (4) The letter of credit must be accompanied by a letter from the 
owner or operator referring to the letter of credit by number, issuing 
institution, and date, and providing the following information: The EPA 
Identification Number (if any issued), name, and address of the 
facility, and the amount of funds assured for the facility by the letter 
of credit.
    (5) The letter of credit must be irrevocable and issued for a period 
of at least 1 year. The letter of credit must provide that the 
expiration date will be automatically extended for a period of at least 
1 year unless, at least 120 days before the current expiration date, the 
issuing institution notifies both the owner or operator and the Regional 
Administrator by certified mail of a decision not to extend the 
expiration date. Under the terms of the letter of credit, the 120 days 
will begin on the date when both the owner or operator and the Regional 
Administrator have received the notice, as evidenced by the return 
receipts.
    (6) The letter of credit must be issued in an amount at least equal 
to the current cost estimate, except as provided in paragraph (f) of 
this section.
    (7) Whenever the current cost estimate increases to an amount 
greater than the amount of the credit, the owner or operator, within 60 
days after the increase, must either cause the amount of the credit to 
be increased so that it at least equals the current cost estimate and 
submit evidence of such increase to the Regional Administrator, or 
obtain other financial assurance as specified in this section to cover 
the increase. Whenever the current cost estimate decreases, the amount 
of the credit may be reduced to the amount of the current cost estimate 
following written approval by the Regional Administrator.
    (8) Following a determination by the Regional Administrator that the 
hazardous secondary materials do not meet the conditions of the 
exclusion under Sec. 261.4(a)(24), the Regional Administrator may draw 
on the letter of credit.
    (9) If the owner or operator does not establish alternate financial 
assurance as specified in this section and obtain written approval of 
such alternate assurance from the Regional Administrator within 90 days 
after receipt by both the owner or operator and the Regional 
Administrator of a notice from the issuing institution that it has 
decided not to extend the letter of credit beyond the current expiration 
date, the Regional Administrator will draw on the letter of credit. The 
Regional Administrator may delay the drawing if the issuing institution 
grants an extension of the term of the credit. During the last 30 days 
of any such extension the Regional Administrator will draw on the letter 
of credit if the owner or operator has failed to provide alternate 
financial assurance as specified in this

[[Page 112]]

section and obtain written approval of such assurance from the Regional 
Administrator.
    (10) The Regional Administrator will return the letter of credit to 
the issuing institution for termination when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with paragraph (i) of 
this section.
    (d) Insurance. (1) An owner or operator may satisfy the requirements 
of this section by obtaining insurance which conforms to the 
requirements of this paragraph and submitting a certificate of such 
insurance to the Regional Administrator At a minimum, the insurer must 
be licensed to transact the business of insurance, or eligible to 
provide insurance as an excess or surplus lines insurer, in one or more 
States.
    (2) The wording of the certificate of insurance must be identical to 
the wording specified in Sec. 261.151(d).
    (3) The insurance policy must be issued for a face amount at least 
equal to the current cost estimate, except as provided in paragraph (f) 
of this section. The term ``face amount'' means the total amount the 
insurer is obligated to pay under the policy. Actual payments by the 
insurer will not change the face amount, although the insurer's future 
liability will be lowered by the amount of the payments.
    (4) The insurance policy must guarantee that funds will be available 
whenever needed to pay the cost of removal of all hazardous secondary 
materials from the unit, to pay the cost of decontamination of the unit, 
to pay the costs of the performance of activities required under subpart 
G of 40 CFR parts 264 or 265, as applicable, for the facilities covered 
by this policy. The policy must also guarantee that once funds are 
needed, the insurer will be responsible for paying out funds, up to an 
amount equal to the face amount of the policy, upon the direction of the 
Regional Administrator, to such party or parties as the Regional 
Administrator specifies.
    (5) After beginning partial or final closure under 40 CFR parts 264 
or 265, as applicable, an owner or operator or any other authorized 
person may request reimbursements for closure expenditures by submitting 
itemized bills to the Regional Administrator. The owner or operator may 
request reimbursements only if the remaining value of the policy is 
sufficient to cover the maximum costs of closing the facility over its 
remaining operating life. Within 60 days after receiving bills for 
closure activities, the Regional Administrator will instruct the insurer 
to make reimbursements in such amounts as the Regional Administrator 
specifies in writing if the Regional Administrator determines that the 
expenditures are in accordance with the approved plan or otherwise 
justified. If the Regional Administrator has reason to believe that the 
maximum cost over the remaining life of the facility will be 
significantly greater than the face amount of the policy, he may 
withhold reimbursement of such amounts as he deems prudent until he 
determines, in accordance with paragraph (h) of this section, that the 
owner or operator is no longer required to maintain financial assurance 
for the particular facility. If the Regional Administrator does not 
instruct the insurer to make such reimbursements, he will provide to the 
owner or operator a detailed written statement of reasons.
    (6) The owner or operator must maintain the policy in full force and 
effect until the Regional Administrator consents to termination of the 
policy by the owner or operator as specified in paragraph (i)(10) of 
this section. Failure to pay the premium, without substitution of 
alternate financial assurance as specified in this section, will 
constitute a significant violation of these regulations warranting such 
remedy as the Regional Administrator deems necessary. Such violation 
will be deemed to begin upon receipt by the Regional Administrator of a 
notice of future cancellation, termination, or failure to renew due to 
nonpayment of the premium, rather than upon the date of expiration.
    (7) Each policy must contain a provision allowing assignment of the 
policy to a successor owner or operator. Such

[[Page 113]]

assignment may be conditional upon consent of the insurer, provided such 
consent is not unreasonably refused.
    (8) The policy must provide that the insurer may not cancel, 
terminate, or fail to renew the policy except for failure to pay the 
premium. The automatic renewal of the policy must, at a minimum, provide 
the insured with the option of renewal at the face amount of the 
expiring policy. If there is a failure to pay the premium, the insurer 
may elect to cancel, terminate, or fail to renew the policy by sending 
notice by certified mail to the owner or operator and the Regional 
Administrator. Cancellation, termination, or failure to renew may not 
occur, however, during the 120 days beginning with the date of receipt 
of the notice by both the Regional Administrator and the owner or 
operator, as evidenced by the return receipts. Cancellation, 
termination, or failure to renew may not occur and the policy will 
remain in full force and effect in the event that on or before the date 
of expiration:
    (i) The Regional Administrator deems the facility abandoned; or
    (ii) Conditional exclusion or interim status is lost, terminated, or 
revoked; or
    (iii) Closure is ordered by the Regional Administrator or a U.S. 
district court or other court of competent jurisdiction; or
    (iv) The owner or operator is named as debtor in a voluntary or 
involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
    (v) The premium due is paid.
    (9) Whenever the current cost estimate increases to an amount 
greater than the face amount of the policy, the owner or operator, 
within 60 days after the increase, must either cause the face amount to 
be increased to an amount at least equal to the current cost estimate 
and submit evidence of such increase to the Regional Administrator, or 
obtain other financial assurance as specified in this section to cover 
the increase. Whenever the current cost estimate decreases, the face 
amount may be reduced to the amount of the current cost estimate 
following written approval by the Regional Administrator.
    (10) The Regional Administrator will give written consent to the 
owner or operator that he may terminate the insurance policy when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with paragraph (i) of 
this section.
    (e) Financial test and corporate guarantee. (1) An owner or operator 
may satisfy the requirements of this section by demonstrating that he 
passes a financial test as specified in this paragraph. To pass this 
test the owner or operator must meet the criteria of either paragraph 
(e)(1) (i) or (ii) of this section:
    (i) The owner or operator must have:
    (A) Two of the following three ratios: A ratio of total liabilities 
to net worth less than 2.0; a ratio of the sum of net income plus 
depreciation, depletion, and amortization to total liabilities greater 
than 0.1; and a ratio of current assets to current liabilities greater 
than 1.5; and
    (B) Net working capital and tangible net worth each at least six 
times the sum of the current cost estimates and the current plugging and 
abandonment cost estimates; and
    (C) Tangible net worth of at least $10 million; and
    (D) Assets located in the United States amounting to at least 90 
percent of total assets or at least six times the sum of the current 
cost estimates and the current plugging and abandonment cost estimates.
    (ii) The owner or operator must have:
    (A) A current rating for his most recent bond issuance of AAA, AA, 
A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as 
issued by Moody's; and
    (B) Tangible net worth at least six times the sum of the current 
cost estimates and the current plugging and abandonment cost estimates; 
and
    (C) Tangible net worth of at least $10 million; and
    (D) Assets located in the United States amounting to at least 90 
percent of total assets or at least six times the sum of the current 
cost estimates and

[[Page 114]]

the current plugging and abandonment cost estimates.
    (2) The phrase ``current cost estimates'' as used in paragraph 
(e)(1) of this section refers to the cost estimates required to be shown 
in paragraphs 1-4 of the letter from the owner's or operator's chief 
financial officer (Sec. 261.151(e)). The phrase ``current plugging and 
abandonment cost estimates'' as used in paragraph (e)(1) of this section 
refers to the cost estimates required to be shown in paragraphs 1-4 of 
the letter from the owner's or operator's chief financial officer 
(Sec. 144.70(f) of this chapter).
    (3) To demonstrate that he meets this test, the owner or operator 
must submit the following items to the Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 261.151(e); and
    (ii) A copy of the independent certified public accountant's report 
on examination of the owner's or operator's financial statements for the 
latest completed fiscal year; and
    (iii) If the chief financial officer's letter providing evidence of 
financial assurance includes financial data showing that the owner or 
operator satisfies paragraph (e)(1)(i) of this section that are 
different from the data in the audited financial statements referred to 
in paragraph (e)(3)(ii)of this section or any other audited financial 
statement or data filed with the SEC, then a special report from the 
owner's or operator's independent certified public accountant to the 
owner or operator is required. The special report shall be based upon an 
agreed upon procedures engagement in accordance with professional 
auditing standards and shall describe the procedures performed in 
comparing the data in the chief financial officer's letter derived from 
the independently audited, year-end financial statements for the latest 
fiscal year with the amounts in such financial statements, the findings 
of the comparison, and the reasons for any differences.
    (4) The owner or operator may obtain an extension of the time 
allowed for submission of the documents specified in paragraph (e)(3) of 
this section if the fiscal year of the owner or operator ends during the 
90 days prior to the effective date of these regulations and if the 
year-end financial statements for that fiscal year will be audited by an 
independent certified public accountant. The extension will end no later 
than 90 days after the end of the owner's or operator's fiscal year. To 
obtain the extension, the owner's or operator's chief financial officer 
must send, by the effective date of these regulations, a letter to the 
Regional Administrator of each Region in which the owner's or operator's 
facilities to be covered by the financial test are located. This letter 
from the chief financial officer must:
    (i) Request the extension;
    (ii) Certify that he has grounds to believe that the owner or 
operator meets the criteria of the financial test;
    (iii) Specify for each facility to be covered by the test the EPA 
Identification Number (if any issued), name, address, and current cost 
estimates to be covered by the test;
    (iv) Specify the date ending the owner's or operator's last complete 
fiscal year before the effective date of these regulations in this 
subpart;
    (v) Specify the date, no later than 90 days after the end of such 
fiscal year, when he will submit the documents specified in paragraph 
(e)(3) of this section; and
    (vi) Certify that the year-end financial statements of the owner or 
operator for such fiscal year will be audited by an independent 
certified public accountant.
    (5) After the initial submission of items specified in paragraph 
(e)(3) of this section, the owner or operator must send updated 
information to the Regional Administrator within 90 days after the close 
of each succeeding fiscal year. This information must consist of all 
three items specified in paragraph (e)(3) of this section.
    (6) If the owner or operator no longer meets the requirements of 
paragraph (e)(1) of this section, he must send notice to the Regional 
Administrator of intent to establish alternate financial assurance as 
specified in this section. The notice must be sent by certified mail 
within 90 days after the end of the fiscal year for which the year-end 
financial data show that the owner or

[[Page 115]]

operator no longer meets the requirements. The owner or operator must 
provide the alternate financial assurance within 120 days after the end 
of such fiscal year.
    (7) The Regional Administrator may, based on a reasonable belief 
that the owner or operator may no longer meet the requirements of 
paragraph (e)(1) of this section, require reports of financial condition 
at any time from the owner or operator in addition to those specified in 
paragraph (e)(3) of this section. If the Regional Administrator finds, 
on the basis of such reports or other information, that the owner or 
operator no longer meets the requirements of paragraph (e)(1) of this 
section, the owner or operator must provide alternate financial 
assurance as specified in this section within 30 days after notification 
of such a finding.
    (8) The Regional Administrator may disallow use of this test on the 
basis of qualifications in the opinion expressed by the independent 
certified public accountant in his report on examination of the owner's 
or operator's financial statements (see paragraph (e)(3)(ii) of this 
section). An adverse opinion or a disclaimer of opinion will be cause 
for disallowance. The Regional Administrator will evaluate other 
qualifications on an individual basis. The owner or operator must 
provide alternate financial assurance as specified in this section 
within 30 days after notification of the disallowance.
    (9) The owner or operator is no longer required to submit the items 
specified in paragraph (e)(3) of this section when:
    (i) An owner or operator substitutes alternate financial assurance 
as specified in this section; or
    (ii) The Regional Administrator releases the owner or operator from 
the requirements of this section in accordance with paragraph (i) of 
this section.
    (10) An owner or operator may meet the requirements of this section 
by obtaining a written guarantee. The guarantor must be the direct or 
higher-tier parent corporation of the owner or operator, a firm whose 
parent corporation is also the parent corporation of the owner or 
operator, or a firm with a ``substantial business relationship'' with 
the owner or operator. The guarantor must meet the requirements for 
owners or operators in paragraphs (e)(1) through (8) of this section and 
must comply with the terms of the guarantee. The wording of the 
guarantee must be identical to the wording specified in 
Sec. 261.151(g)(1). A certified copy of the guarantee must accompany the 
items sent to the Regional Administrator as specified in paragraph 
(e)(3) of this section. One of these items must be the letter from the 
guarantor's chief financial officer. If the guarantor's parent 
corporation is also the parent corporation of the owner or operator, the 
letter must describe the value received in consideration of the 
guarantee. If the guarantor is a firm with a ``substantial business 
relationship'' with the owner or operator, this letter must describe 
this ``substantial business relationship'' and the value received in 
consideration of the guarantee. The terms of the guarantee must provide 
that:
    (i) Following a determination by the Regional Administrator that the 
hazardous secondary materials at the owner or operator's facility 
covered by this guarantee do not meet the conditions of the exclusion 
under Sec. 261.4(a)(24) of this chapter, the guarantor will dispose of 
any hazardous secondary material as hazardous waste and close the 
facility in accordance with closure requirements found in parts 264 or 
265 of this chapter, as applicable, or establish a trust fund as 
specified in paragraph (a) of this section in the name of the owner or 
operator in the amount of the current cost estimate.
    (ii) The corporate guarantee will remain in force unless the 
guarantor sends notice of cancellation by certified mail to the owner or 
operator and to the Regional Administrator. Cancellation may not occur, 
however, during the 120 days beginning on the date of receipt of the 
notice of cancellation by both the owner or operator and the Regional 
Administrator, as evidenced by the return receipts.
    (iii) If the owner or operator fails to provide alternate financial 
assurance as specified in this section and obtain the written approval 
of such alternate assurance from the Regional Administrator within 90 
days after receipt by

[[Page 116]]

both the owner or operator and the Regional Administrator of a notice of 
cancellation of the corporate guarantee from the guarantor, the 
guarantor will provide such alternate financial assurance in the name of 
the owner or operator.
    (f) Use of multiple financial mechanisms. An owner or operator may 
satisfy the requirements of this section by establishing more than one 
financial mechanism per facility. These mechanisms are limited to trust 
funds, surety bonds, letters of credit, and insurance. The mechanisms 
must be as specified in paragraphs (a) through (d) of this section, 
respectively, of this section, except that it is the combination of 
mechanisms, rather than the single mechanism, which must provide 
financial assurance for an amount at least equal to the current cost 
estimate. If an owner or operator uses a trust fund in combination with 
a surety bond or a letter of credit, he may use the trust fund as the 
standby trust fund for the other mechanisms. A single standby trust fund 
may be established for two or more mechanisms. The Regional 
Administrator may use any or all of the mechanisms to provide for the 
facility.
    (g) Use of a financial mechanism for multiple facilities. An owner 
or operator may use a financial assurance mechanism specified in this 
section to meet the requirements of this section for more than one 
facility. Evidence of financial assurance submitted to the Regional 
Administrator must include a list showing, for each facility, the EPA 
Identification Number (if any issued), name, address, and the amount of 
funds assured by the mechanism. If the facilities covered by the 
mechanism are in more than one Region, identical evidence of financial 
assurance must be submitted to and maintained with the Regional 
Administrators of all such Regions. The amount of funds available 
through the mechanism must be no less than the sum of funds that would 
be available if a separate mechanism had been established and maintained 
for each facility. In directing funds available through the mechanism 
for any of the facilities covered by the mechanism, the Regional 
Administrator may direct only the amount of funds designated for that 
facility, unless the owner or operator agrees to the use of additional 
funds available under the mechanism.
    (h) Removal and Decontamination Plan for Release (1) An owner or 
operator of a reclamation facility or an intermediate facility who 
wishes to be released from his financial assurance obligations under 
Sec. 261.4(a)(24)(vi)(F) of this chapter must submit a plan for removing 
all hazardous secondary material residues to the Regional Administrator 
at least 180 days prior to the date on which he expects to cease to 
operate under the exclusion.
    (2) The plan must include, at least:
    (A) For each hazardous secondary materials storage unit subject to 
financial assurance requirements under Sec. 261.4(a)(24)(vi)(F), a 
description of how all excluded hazardous secondary materials will be 
recycled or sent for recycling, and how all residues, contaminated 
containment systems (liners, etc), contaminated soils, subsoils, 
structures, and equipment will be removed or decontaminated as necessary 
to protect human health and the environment, and
    (B) A detailed description of the steps necessary to remove or 
decontaminate all hazardous secondary material residues and contaminated 
containment system components, equipment, structures, and soils 
including, but not limited to, procedures for cleaning equipment and 
removing contaminated soils, methods for sampling and testing 
surrounding soils, and criteria for determining the extent of 
decontamination necessary to protect human health and the environment; 
and
    (C) A detailed description of any other activities necessary to 
protect human health and the environment during this timeframe, 
including, but not limited to, leachate collection, run-on and run-off 
control, etc; and
    (D) A schedule for conducting the activities described which, at a 
minimum, includes the total time required to remove all excluded 
hazardous secondary materials for recycling and decontaminate all units 
subject to financial assurance under Sec. 261.4(a)(24)(vi)(F) and the 
time required for intervening activities which will allow tracking of 
the progress of decontamination.

[[Page 117]]

    (3) The Regional Administrator will provide the owner or operator 
and the public, through a newspaper notice, the opportunity to submit 
written comments on the plan and request modifications to the plan no 
later than 30 days from the date of the notice. He will also, in 
response to a request or at his discretion, hold a public hearing 
whenever such a hearing might clarify one or more issues concerning the 
plan. The Regional Administrator will give public notice of the hearing 
at least 30 days before it occurs. (Public notice of the hearing may be 
given at the same time as notice of the opportunity for the public to 
submit written comments, and the two notices may be combined.) The 
Regional Administrator will approve, modify, or disapprove the plan 
within 90 days of its receipt. If the Regional Administrator does not 
approve the plan, he shall provide the owner or operator with a detailed 
written statement of reasons for the refusal and the owner or operator 
must modify the plan or submit a new plan for approval within 30 days 
after receiving such written statement. The Regional Administrator will 
approve or modify this plan in writing within 60 days. If the Regional 
Administrator modifies the plan, this modified plan becomes the approved 
plan. The Regional Administrator must assure that the approved plan is 
consistent with paragraph (h) of this section. A copy of the modified 
plan with a detailed statement of reasons for the modifications must be 
mailed to the owner or operator.
    (4) Within 60 days of completion of the activities described for 
each hazardous secondary materials management unit, the owner or 
operator must submit to the Regional Administrator, by registered mail, 
a certification that all hazardous secondary materials have been removed 
from the unit and the unit has been decontaminated in accordance with 
the specifications in the approved plan. The certification must be 
signed by the owner or operator and by a qualified Professional 
Engineer. Documentation supporting the Professional Engineer's 
certification must be furnished to the Regional Administrator, upon 
request, until he releases the owner or operator from the financial 
assurance requirements for Sec. 261.4(a)(24)(vi)(F).
    (i) Release of the owner or operator from the requirements of this 
section. Within 60 days after receiving certifications from the owner or 
operator and a qualified Professional Engineer that all hazardous 
secondary materials have been removed from the facility or a unit at the 
facility and the facility or a unit has been decontaminated in 
accordance with the approved plan per paragraph (h), the Regional 
Administrator will notify the owner or operator in writing that he is no 
longer required under Sec. 261.4(a)(24)(vi)(F) to maintain financial 
assurance for that facility or a unit at the facility, unless the 
Regional Administrator has reason to believe that all hazardous 
secondary materials have not been removed from the facility or unit at a 
facility or that the facility or unit has not been decontaminated in 
accordance with the approved plan. The Regional Administrator shall 
provide the owner or operator a detailed written statement of any such 
reason to believe that all hazardous secondary materials have not been 
removed from the unit or that the unit has not been decontaminated in 
accordance with the approved plan.



Secs. 261.144-261.146  [Reserved]



Sec. 261.147  Liability requirements.

    (a) Coverage for sudden accidental occurrences. An owner or operator 
of a hazardous secondary material reclamation facility or an 
intermediate facility subject to financial assurance requirements under 
Sec. 261.4(a)(24)(vi)(F) of this chapter, or a group of such facilities, 
must demonstrate financial responsibility for bodily injury and property 
damage to third parties caused by sudden accidental occurrences arising 
from operations of the facility or group of facilities. The owner or 
operator must have and maintain liability coverage for sudden accidental 
occurrences in the amount of at least $1 million per occurrence with an 
annual aggregate of at least $2 million, exclusive of legal defense 
costs. This liability coverage may be demonstrated as specified in 
paragraphs (a) (1), (2), (3), (4), (5), or (6) of this section:

[[Page 118]]

    (1) An owner or operator may demonstrate the required liability 
coverage by having liability insurance as specified in this paragraph.
    (i) Each insurance policy must be amended by attachment of the 
Hazardous Secondary Material Facility Liability Endorsement, or 
evidenced by a Certificate of Liability Insurance. The wording of the 
endorsement must be identical to the wording specified in 
Sec. 261.151(h). The wording of the certificate of insurance must be 
identical to the wording specified in Sec. 261.151(i). The owner or 
operator must submit a signed duplicate original of the endorsement or 
the certificate of insurance to the Regional Administrator, or Regional 
Administrators if the facilities are located in more than one Region. If 
requested by a Regional Administrator, the owner or operator must 
provide a signed duplicate original of the insurance policy.
    (ii) Each insurance policy must be issued by an insurer which, at a 
minimum, is licensed to transact the business of insurance, or eligible 
to provide insurance as an excess or surplus lines insurer, in one or 
more States.
    (2) An owner or operator may meet the requirements of this section 
by passing a financial test or using the guarantee for liability 
coverage as specified in paragraphs (f) and (g) of this section.
    (3) An owner or operator may meet the requirements of this section 
by obtaining a letter of credit for liability coverage as specified in 
paragraph (h) of this section.
    (4) An owner or operator may meet the requirements of this section 
by obtaining a surety bond for liability coverage as specified in 
paragraph (i) of this section.
    (5) An owner or operator may meet the requirements of this section 
by obtaining a trust fund for liability coverage as specified in 
paragraph (j) of this section.
    (6) An owner or operator may demonstrate the required liability 
coverage through the use of combinations of insurance, financial test, 
guarantee, letter of credit, surety bond, and trust fund, except that 
the owner or operator may not combine a financial test covering part of 
the liability coverage requirement with a guarantee unless the financial 
statement of the owner or operator is not consolidated with the 
financial statement of the guarantor. The amounts of coverage 
demonstrated must total at least the minimum amounts required by this 
section. If the owner or operator demonstrates the required coverage 
through the use of a combination of financial assurances under this 
paragraph, the owner or operator shall specify at least one such 
assurance as ``primary'' coverage and shall specify other assurance as 
``excess'' coverage.
    (7) An owner or operator shall notify the Regional Administrator in 
writing within 30 days whenever:
    (i) A claim results in a reduction in the amount of financial 
assurance for liability coverage provided by a financial instrument 
authorized in paragraphs (a)(1) through (a)(6) of this section; or
    (ii) A Certification of Valid Claim for bodily injury or property 
damages caused by a sudden or non-sudden accidental occurrence arising 
from the operation of a hazardous secondary material reclamation 
facility or intermediate facility is entered between the owner or 
operator and third-party claimant for liability coverage under 
paragraphs (a)(1) through (a)(6) of this section; or
    (iii) A final court order establishing a judgment for bodily injury 
or property damage caused by a sudden or non-sudden accidental 
occurrence arising from the operation of a hazardous secondary material 
reclamation facility or intermediate facility is issued against the 
owner or operator or an instrument that is providing financial assurance 
for liability coverage under paragraphs (a)(1) through (a)(6) of this 
section.
    (b) Coverage for nonsudden accidental occurrences. An owner or 
operator of a hazardous secondary material reclamation facility or 
intermediate facility with land-based units, as defined in Sec. 260.10 
of this chapter, which are used to manage hazardous secondary materials 
excluded under Sec. 261.4(a)(24) of this chapter or a group of such 
facilities, must demonstrate financial responsibility for bodily injury 
and property damage to third parties

[[Page 119]]

caused by nonsudden accidental occurrences arising from operations of 
the facility or group of facilities. The owner or operator must have and 
maintain liability coverage for nonsudden accidental occurrences in the 
amount of at least $3 million per occurrence with an annual aggregate of 
at least $6 million, exclusive of legal defense costs. An owner or 
operator who must meet the requirements of this section may combine the 
required per-occurrence coverage levels for sudden and nonsudden 
accidental occurrences into a single per-occurrence level, and combine 
the required annual aggregate coverage levels for sudden and nonsudden 
accidental occurrences into a single annual aggregate level. Owners or 
operators who combine coverage levels for sudden and nonsudden 
accidental occurrences must maintain liability coverage in the amount of 
at least $4 million per occurrence and $8 million annual aggregate. This 
liability coverage may be demonstrated as specified in paragraph (b)(1), 
(2), (3), (4), (5), or (6) of this section:
    (1) An owner or operator may demonstrate the required liability 
coverage by having liability insurance as specified in this paragraph.
    (i) Each insurance policy must be amended by attachment of the 
Hazardous Secondary Material Facility Liability Endorsement or evidenced 
by a Certificate of Liability Insurance. The wording of the endorsement 
must be identical to the wording specified in Sec. 261.151(h). The 
wording of the certificate of insurance must be identical to the wording 
specified in Sec. 261.151(i). The owner or operator must submit a signed 
duplicate original of the endorsement or the certificate of insurance to 
the Regional Administrator, or Regional Administrators if the facilities 
are located in more than one Region. If requested by a Regional 
Administrator, the owner or operator must provide a signed duplicate 
original of the insurance policy.
    (ii) Each insurance policy must be issued by an insurer which, at a 
minimum, is licensed to transact the business of insurance, or eligible 
to provide insurance as an excess or surplus lines insurer, in one or 
more States.
    (2) An owner or operator may meet the requirements of this section 
by passing a financial test or using the guarantee for liability 
coverage as specified in paragraphs (f) and (g) of this section.
    (3) An owner or operator may meet the requirements of this section 
by obtaining a letter of credit for liability coverage as specified in 
paragraph (h) of this section.
    (4) An owner or operator may meet the requirements of this section 
by obtaining a surety bond for liability coverage as specified in 
paragraph (i) of this section.
    (5) An owner or operator may meet the requirements of this section 
by obtaining a trust fund for liability coverage as specified in 
paragraph (j) of this section.
    (6) An owner or operator may demonstrate the required liability 
coverage through the use of combinations of insurance, financial test, 
guarantee, letter of credit, surety bond, and trust fund, except that 
the owner or operator may not combine a financial test covering part of 
the liability coverage requirement with a guarantee unless the financial 
statement of the owner or operator is not consolidated with the 
financial statement of the guarantor. The amounts of coverage 
demonstrated must total at least the minimum amounts required by this 
section. If the owner or operator demonstrates the required coverage 
through the use of a combination of financial assurances under this 
paragraph, the owner or operator shall specify at least one such 
assurance as ``primary'' coverage and shall specify other assurance as 
``excess'' coverage.
    (7) An owner or operator shall notify the Regional Administrator in 
writing within 30 days whenever:
    (i) A claim results in a reduction in the amount of financial 
assurance for liability coverage provided by a financial instrument 
authorized in paragraphs (b)(1) through (b)(6) of this section; or
    (ii) A Certification of Valid Claim for bodily injury or property 
damages caused by a sudden or non-sudden accidental occurrence arising 
from the operation of a hazardous secondary material treatment and/or 
storage facility is

[[Page 120]]

entered between the owner or operator and third-party claimant for 
liability coverage under paragraphs (b)(1) through (b)(6) of this 
section; or
    (iii) A final court order establishing a judgment for bodily injury 
or property damage caused by a sudden or non-sudden accidental 
occurrence arising from the operation of a hazardous secondary material 
treatment and/or storage facility is issued against the owner or 
operator or an instrument that is providing financial assurance for 
liability coverage under paragraphs (b)(1) through (b)(6) of this 
section.
    (c) Request for variance. If an owner or operator can demonstrate to 
the satisfaction of the Regional Administrator that the levels of 
financial responsibility required by paragraph (a) or (b) of this 
section are not consistent with the degree and duration of risk 
associated with treatment and/or storage at the facility or group of 
facilities, the owner or operator may obtain a variance from the 
Regional Administrator. The request for a variance must be submitted in 
writing to the Regional Administrator. If granted, the variance will 
take the form of an adjusted level of required liability coverage, such 
level to be based on the Regional Administrator's assessment of the 
degree and duration of risk associated with the ownership or operation 
of the facility or group of facilities. The Regional Administrator may 
require an owner or operator who requests a variance to provide such 
technical and engineering information as is deemed necessary by the 
Regional Administrator to determine a level of financial responsibility 
other than that required by paragraph (a) or (b) of this section.
    (d) Adjustments by the Regional Administrator. If the Regional 
Administrator determines that the levels of financial responsibility 
required by paragraph (a) or (b) of this section are not consistent with 
the degree and duration of risk associated with treatment and/or storage 
at the facility or group of facilities, the Regional Administrator may 
adjust the level of financial responsibility required under paragraph 
(a) or (b) of this section as may be necessary to protect human health 
and the environment. This adjusted level will be based on the Regional 
Administrator's assessment of the degree and duration of risk associated 
with the ownership or operation of the facility or group of facilities. 
In addition, if the Regional Administrator determines that there is a 
significant risk to human health and the environment from nonsudden 
accidental occurrences resulting from the operations of a facility that 
is not a surface impoundment, pile, or land treatment facility, he may 
require that an owner or operator of the facility comply with paragraph 
(b) of this section. An owner or operator must furnish to the Regional 
Administrator, within a reasonable time, any information which the 
Regional Administrator requests to determine whether cause exists for 
such adjustments of level or type of coverage.
    (e) Period of coverage. Within 60 days after receiving 
certifications from the owner or operator and a qualified Professional 
Engineer that all hazardous secondary materials have been removed from 
the facility or a unit at the facility and the facility or a unit has 
been decontaminated in accordance with the approved plan per 
Sec. 261.143(h), the Regional Administrator will notify the owner or 
operator in writing that he is no longer required under 
Sec. 261.4(a)(24)(vi)(F) to maintain liability coverage for that 
facility or a unit at the facility, unless the Regional Administrator 
has reason to believe that that all hazardous secondary materials have 
not been removed from the facility or unit at a facility or that the 
facility or unit has not been decontaminated in accordance with the 
approved plan.
    (f) Financial test for liability coverage. (1) An owner or operator 
may satisfy the requirements of this section by demonstrating that he 
passes a financial test as specified in this paragraph. To pass this 
test the owner or operator must meet the criteria of paragraph (f)(1) 
(i) or (ii) of this section:
    (i) The owner or operator must have:
    (A) Net working capital and tangible net worth each at least six 
times the amount of liability coverage to be demonstrated by this test; 
and
    (B) Tangible net worth of at least $10 million; and
    (C) Assets in the United States amounting to either:

[[Page 121]]

    (1) At least 90 percent of his total assets; or
    (2) at least six times the amount of liability coverage to be 
demonstrated by this test.
    (ii) The owner or operator must have:
    (A) A current rating for his most recent bond issuance of AAA, AA, 
A, or BBB as issued by Standard and Poor's, or Aaa, Aa, A, or Baa as 
issued by Moody's; and
    (B) Tangible net worth of at least $10 million; and
    (C) Tangible net worth at least six times the amount of liability 
coverage to be demonstrated by this test; and
    (D) Assets in the United States amounting to either:
    (1) At least 90 percent of his total assets; or
    (2) at least six times the amount of liability coverage to be 
demonstrated by this test.
    (2) The phrase ``amount of liability coverage'' as used in paragraph 
(f)(1) of this section refers to the annual aggregate amounts for which 
coverage is required under paragraphs (a) and (b) of this section and 
the annual aggregate amounts for which coverage is required under 
paragraphs (a) and (b) of 40 CFR 264.147 and 265.147.
    (3) To demonstrate that he meets this test, the owner or operator 
must submit the following three items to the Regional Administrator:
    (i) A letter signed by the owner's or operator's chief financial 
officer and worded as specified in Sec. 261.151(f). If an owner or 
operator is using the financial test to demonstrate both assurance as 
specified by Sec. 261.143(e), and liability coverage, he must submit the 
letter specified in Sec. 261.151(f) to cover both forms of financial 
responsibility; a separate letter as specified in Sec. 261.151(e) is not 
required.
    (ii) A copy of the independent certified public accountant's report 
on examination of the owner's or operator's financial statements for the 
latest completed fiscal year.
    (iii) If the chief financial officer's letter providing evidence of 
financial assurance includes financial data showing that the owner or 
operator satisfies paragraph (f)(1)(i) of this section that are 
different from the data in the audited financial statements referred to 
in paragraph (f)(3)(ii) of this section or any other audited financial 
statement or data filed with the SEC, then a special report from the 
owner's or operator's independent certified public accountant to the 
owner or operator is required. The special report shall be based upon an 
agreed upon procedures engagement in accordance with professional 
auditing standards and shall describe the procedures performed in 
comparing the data in the chief financial officer's letter derived from 
the independently audited, year-end financial statements for the latest 
fiscal year with the amounts in such financial statements, the findings 
of the comparison, and the reasons for any difference.
    (4) The owner or operator may obtain a one-time extension of the 
time allowed for submission of the documents specified in paragraph 
(f)(3) of this section if the fiscal year of the owner or operator ends 
during the 90 days prior to the effective date of these regulations and 
if the year-end financial statements for that fiscal year will be 
audited by an independent certified public accountant. The extension 
will end no later than 90 days after the end of the owner's or 
operator's fiscal year. To obtain the extension, the owner's or 
operator's chief financial officer must send, by the effective date of 
these regulations, a letter to the Regional Administrator of each Region 
in which the owner's or operator's facilities to be covered by the 
financial test are located. This letter from the chief financial officer 
must:
    (i) Request the extension;
    (ii) Certify that he has grounds to believe that the owner or 
operator meets the criteria of the financial test;
    (iii) Specify for each facility to be covered by the test the EPA 
Identification Number, name, address, the amount of liability coverage 
and, when applicable, current closure and post-closure cost estimates to 
be covered by the test;
    (iv) Specify the date ending the owner's or operator's last complete 
fiscal year before the effective date of these regulations;
    (v) Specify the date, no later than 90 days after the end of such 
fiscal year, when he will submit the documents

[[Page 122]]

specified in paragraph (f)(3) of this section; and
    (vi) Certify that the year-end financial statements of the owner or 
operator for such fiscal year will be audited by an independent 
certified public accountant.
    (5) After the initial submission of items specified in paragraph 
(f)(3) of this section, the owner or operator must send updated 
information to the Regional Administrator within 90 days after the close 
of each succeeding fiscal year. This information must consist of all 
three items specified in paragraph (f)(3) of this section.
    (6) If the owner or operator no longer meets the requirements of 
paragraph (f)(1) of this section, he must obtain insurance, a letter of 
credit, a surety bond, a trust fund, or a guarantee for the entire 
amount of required liability coverage as specified in this section. 
Evidence of liability coverage must be submitted to the Regional 
Administrator within 90 days after the end of the fiscal year for which 
the year-end financial data show that the owner or operator no longer 
meets the test requirements.
    (7) The Regional Administrator may disallow use of this test on the 
basis of qualifications in the opinion expressed by the independent 
certified public accountant in his report on examination of the owner's 
or operator's financial statements (see paragraph (f)(3)(ii) of this 
section). An adverse opinion or a disclaimer of opinion will be cause 
for disallowance. The Regional Administrator will evaluate other 
qualifications on an individual basis. The owner or operator must 
provide evidence of insurance for the entire amount of required 
liability coverage as specified in this section within 30 days after 
notification of disallowance.
    (g) Guarantee for liability coverage. (1) Subject to paragraph 
(g)(2) of this section, an owner or operator may meet the requirements 
of this section by obtaining a written guarantee, hereinafter referred 
to as ``guarantee.'' The guarantor must be the direct or higher-tier 
parent corporation of the owner or operator, a firm whose parent 
corporation is also the parent corporation of the owner or operator, or 
a firm with a ``substantial business relationship'' with the owner or 
operator. The guarantor must meet the requirements for owners or 
operators in paragraphs (f)(1) through (f)(6) of this section. The 
wording of the guarantee must be identical to the wording specified in 
Sec. 261.151(g)(2). A certified copy of the guarantee must accompany the 
items sent to the Regional Administrator as specified in paragraph 
(f)(3) of this section. One of these items must be the letter from the 
guarantor's chief financial officer. If the guarantor's parent 
corporation is also the parent corporation of the owner or operator, 
this letter must describe the value received in consideration of the 
guarantee. If the guarantor is a firm with a ``substantial business 
relationship'' with the owner or operator, this letter must describe 
this ``substantial business relationship'' and the value received in 
consideration of the guarantee.
    (i) If the owner or operator fails to satisfy a judgment based on a 
determination of liability for bodily injury or property damage to third 
parties caused by sudden or nonsudden accidental occurrences (or both as 
the case may be), arising from the operation of facilities covered by 
this corporate guarantee, or fails to pay an amount agreed to in 
settlement of claims arising from or alleged to arise from such injury 
or damage, the guarantor will do so up to the limits of coverage.
    (ii) [Reserved]
    (2)(i) In the case of corporations incorporated in the United 
States, a guarantee may be used to satisfy the requirements of this 
section only if the Attorneys General or Insurance Commissioners of:
    (A) The State in which the guarantor is incorporated; and
    (B) Each State in which a facility covered by the guarantee is 
located have submitted a written statement to EPA that a guarantee 
executed as described in this section and Sec. 264.151(g)(2) is a 
legally valid and enforceable obligation in that State.
    (ii) In the case of corporations incorporated outside the United 
States, a guarantee may be used to satisfy the requirements of this 
section only if:
    (A) The non-U.S. corporation has identified a registered agent for 
service

[[Page 123]]

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

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by other financial assurance mechanisms being used to demonstrate 
financial assurance by the owner or operator.
    (4) The wording of the trust fund must be identical to the wording 
specified in Sec. 261.151(l).



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

    (a) An owner or operator must notify the Regional Administrator by 
certified mail of the commencement of a voluntary or involuntary 
proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or 
operator as debtor, within 10 days after commencement of the proceeding. 
A guarantor of a corporate guarantee as specified in Sec. 261.143(e) 
must make such a notification if he is named as debtor, as required 
under the terms of the corporate guarantee.
    (b) An owner or operator who fulfills the requirements of 
Sec. 261.143 or Sec. 261.147 by obtaining a trust fund, surety bond, 
letter of credit, or insurance policy will be deemed to be without the 
required financial assurance or liability coverage in the event of 
bankruptcy of the trustee or issuing institution, or a suspension or 
revocation of the authority of the trustee institution to act as trustee 
or of the institution issuing the surety bond, letter of credit, or 
insurance policy to issue such instruments. The owner or operator must 
establish other financial assurance or liability coverage within 60 days 
after such an event.



Sec. 261.149  Use of State-required mechanisms.

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



Sec. 261.150  State assumption of responsibility.

    (a) If a State either assumes legal responsibility for an owner's or 
operator's compliance with the closure or liability requirements of this 
part or assures that funds will be available from State sources to cover 
those requirements, the owner or operator will be in compliance with the 
requirements of Sec. 261.143 or Sec. 261.147 if the Regional 
Administrator determines that

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the State's assumption of responsibility is at least equivalent to the 
financial mechanisms specified in this subpart. The Regional 
Administrator will evaluate the equivalency of State guarantees 
principally in terms of: Certainty of the availability of funds for the 
required closure activities or liability coverage; and the amount of 
funds that will be made available. The Regional Administrator may also 
consider other factors as he deems appropriate. The owner or operator 
must submit to the Regional Administrator a letter from the State 
describing the nature of the State's assumption of responsibility 
together with a letter from the owner or operator requesting that the 
State's assumption of responsibility be considered acceptable for 
meeting the requirements of this subpart. The letter from the State must 
include, or have attached to it, the following information: The 
facility's EPA Identification Number (if available), name, and address, 
and the amount of funds for closure or liability coverage that are 
guaranteed by the State. The Regional Administrator will notify the 
owner or operator of his determination regarding the acceptability of 
the State's guarantee in lieu of financial mechanisms specified in this 
subpart. The Regional Administrator may require the owner or operator to 
submit additional information as is deemed necessary to make this 
determination. Pending this determination, the owner or operator will be 
deemed to be in compliance with the requirements of Sec. 265.143 or 
Sec. 265.147, as applicable.
    (b) If a State's assumption of responsibility is found acceptable as 
specified in paragraph (a) of this section except for the amount of 
funds available, the owner or operator may satisfy the requirements of 
this subpart by use of both the State's assurance and additional 
financial mechanisms as specified in this subpart. The amount of funds 
available through the State and Federal mechanisms must at least equal 
the amount required by this subpart.



Sec. 261.151  Wording of the instruments.

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

                             Trust Agreement

    Trust Agreement, the ``Agreement,'' entered into as of [date] by and 
between [name of the owner or operator], a [name of State] [insert 
``corporation,'' ``partnership,'' ``association,'' or 
``proprietorship''], the ``Grantor,'' and [name of corporate trustee], 
[insert ``incorporated in the State of ___-----'' or ``a national 
bank''], the ``Trustee.''
    Whereas, the United States Environmental Protection Agency, ``EPA,'' 
an agency of the United States Government, has established certain 
regulations applicable to the Grantor, requiring that an owner or 
operator of a facility regulated under parts 264, or 265, or satisfying 
the conditions of the exclusion under Sec. 261.4(a)(24) shall provide 
assurance that funds will be available if needed for care of the 
facility under 40 CFR parts 264 or 265, subparts G, as applicable ,
    Whereas, the Grantor has elected to establish a trust to provide all 
or part of such financial assurance for the facilities identified 
herein,
    Whereas, the Grantor, acting through its duly authorized officers, 
has selected the Trustee to be the trustee under this agreement, and the 
Trustee is willing to act as trustee,
    Now, Therefore, the Grantor and the Trustee agree as follows:
    Section 1. Definitions. As used in this Agreement:
    (a) The term ``Grantor'' means the owner or operator who enters into 
this Agreement and any successors or assigns of the Grantor.
    (b) The term ``Trustee'' means the Trustee who enters into this 
Agreement and any successor Trustee.
    Section 2. Identification of Facilities and Cost Estimates. This 
Agreement pertains to the facilities and cost estimates identified on 
attached Schedule A [on Schedule A, for each facility list the EPA 
Identification Number (if available), name, address, and the current 
cost estimates, or portions thereof, for which financial assurance is 
demonstrated by this Agreement].
    Section 3. Establishment of Fund. The Grantor and the Trustee hereby 
establish a trust fund, the ``Fund,'' for the benefit of EPA in the 
event that the hazardous secondary materials of the grantor no longer 
meet the conditions of the exclusion under Sec. 261.4(a)(24). The 
Grantor and the Trustee intend that no third party have access to the 
Fund except as herein provided. The Fund is established initially as 
consisting of the property, which is acceptable to the Trustee, 
described in Schedule B attached hereto. Such property and any other 
property subsequently transferred to the Trustee is referred

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to as the Fund, together with all earnings and profits thereon, less any 
payments or distributions made by the Trustee pursuant to this 
Agreement. The Fund shall be held by the Trustee, IN TRUST, as 
hereinafter provided. The Trustee shall not be responsible nor shall it 
undertake any responsibility for the amount or adequacy of, nor any duty 
to collect from the Grantor, any payments necessary to discharge any 
liabilities of the Grantor established by EPA.
    Section 4. Payments from the Fund. The Trustee shall make payments 
from the Fund as the EPA Regional Administrator shall direct, in 
writing, to provide for the payment of the costs of the performance of 
activities required under subpart G of 40 CFR parts 264 or 265 for the 
facilities covered by this Agreement. The Trustee shall reimburse the 
Grantor or other persons as specified by the EPA Regional Administrator 
from the Fund for expenditures for such activities in such amounts as 
the beneficiary shall direct in writing. In addition, the Trustee shall 
refund to the Grantor such amounts as the EPA Regional Administrator 
specifies in writing. Upon refund, such funds shall no longer constitute 
part of the Fund as defined herein.
    Section 5. Payments Comprising the Fund. Payments made to the 
Trustee for the Fund shall consist of cash or securities acceptable to 
the Trustee.
    Section 6. Trustee Management. The Trustee shall invest and reinvest 
the principal and income of the Fund and keep the Fund invested as a 
single fund, without distinction between principal and income, in 
accordance with general investment policies and guidelines which the 
Grantor may communicate in writing to the Trustee from time to time, 
subject, however, to the provisions of this section. In investing, 
reinvesting, exchanging, selling, and managing the Fund, the Trustee 
shall discharge his duties with respect to the trust fund solely in the 
interest of the beneficiary and with the care, skill, prudence, and 
diligence under the circumstances then prevailing which persons of 
prudence, acting in a like capacity and familiar with such matters, 
would use in the conduct of an enterprise of a like character and with 
like aims; except that:
    (i) Securities or other obligations of the Grantor, or any other 
owner or operator of the facilities, or any of their affiliates as 
defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 
80a-2.(a), shall not be acquired or held, unless they are securities or 
other obligations of the Federal or a State government;
    (ii) The Trustee is authorized to invest the Fund in time or demand 
deposits of the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (iii) The Trustee is authorized to hold cash awaiting investment or 
distribution uninvested for a reasonable time and without liability for 
the payment of interest thereon.
    Section 7. Commingling and Investment. The Trustee is expressly 
authorized in its discretion:
    (a) To transfer from time to time any or all of the assets of the 
Fund to any common, commingled, or collective trust fund created by the 
Trustee in which the Fund is eligible to participate, subject to all of 
the provisions thereof, to be commingled with the assets of other trusts 
participating therein; and
    (b) To purchase shares in any investment company registered under 
the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including 
one which may be created, managed, underwritten, or to which investment 
advice is rendered or the shares of which are sold by the Trustee. The 
Trustee may vote such shares in its discretion.
    Section 8. Express Powers of Trustee. Without in any way limiting 
the powers and discretions conferred upon the Trustee by the other 
provisions of this Agreement or by law, the Trustee is expressly 
authorized and empowered:
    (a) To sell, exchange, convey, transfer, or otherwise dispose of any 
property held by it, by public or private sale. No person dealing with 
the Trustee shall be bound to see to the application of the purchase 
money or to inquire into the validity or expediency of any such sale or 
other disposition;
    (b) To make, execute, acknowledge, and deliver any and all documents 
of transfer and conveyance and any and all other instruments that may be 
necessary or appropriate to carry out the powers herein granted;
    (c) To register any securities held in the Fund in its own name or 
in the name of a nominee and to hold any security in bearer form or in 
book entry, or to combine certificates representing such securities with 
certificates of the same issue held by the Trustee in other fiduciary 
capacities, or to deposit or arrange for the deposit of such securities 
in a qualified central depositary even though, when so deposited, such 
securities may be merged and held in bulk in the name of the nominee of 
such depositary with other securities deposited therein by another 
person, or to deposit or arrange for the deposit of any securities 
issued by the United States Government, or any agency or instrumentality 
thereof, with a Federal Reserve bank, but the books and records of the 
Trustee shall at all times show that all such securities are part of the 
Fund;
    (d) To deposit any cash in the Fund in interest-bearing accounts 
maintained or savings certificates issued by the Trustee, in its 
separate corporate capacity, or in any other banking institution 
affiliated with the Trustee, to the extent insured by an agency of the 
Federal or State government; and

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    (e) To compromise or otherwise adjust all claims in favor of or 
against the Fund.
    Section 9. Taxes and Expenses. All taxes of any kind that may be 
assessed or levied against or in respect of the Fund and all brokerage 
commissions incurred by the Fund shall be paid from the Fund. All other 
expenses incurred by the Trustee in connection with the administration 
of this Trust, including fees for legal services rendered to the 
Trustee, the compensation of the Trustee to the extent not paid directly 
by the Grantor, and all other proper charges and disbursements of the 
Trustee shall be paid from the Fund.
    Section 10. Annual Valuation. The Trustee shall annually, at least 
30 days prior to the anniversary date of establishment of the Fund, 
furnish to the Grantor and to the appropriate EPA Regional Administrator 
a statement confirming the value of the Trust. Any securities in the 
Fund shall be valued at market value as of no more than 60 days prior to 
the anniversary date of establishment of the Fund. The failure of the 
Grantor to object in writing to the Trustee within 90 days after the 
statement has been furnished to the Grantor and the EPA Regional 
Administrator shall constitute a conclusively binding assent by the 
Grantor, barring the Grantor from asserting any claim or liability 
against the Trustee with respect to matters disclosed in the statement.
    Section 11. Advice of Counsel. The Trustee may from time to time 
consult with counsel, who may be counsel to the Grantor, with respect to 
any question arising as to the construction of this Agreement or any 
action to be taken hereunder. The Trustee shall be fully protected, to 
the extent permitted by law, in acting upon the advice of counsel.
    Section 12. Trustee Compensation. The Trustee shall be entitled to 
reasonable compensation for its services as agreed upon in writing from 
time to time with the Grantor.
    Section 13. Successor Trustee. The Trustee may resign or the Grantor 
may replace the Trustee, but such resignation or replacement shall not 
be effective until the Grantor has appointed a successor trustee and 
this successor accepts the appointment. The successor trustee shall have 
the same powers and duties as those conferred upon the Trustee 
hereunder. Upon the successor trustee's acceptance of the appointment, 
the Trustee shall assign, transfer, and pay over to the successor 
trustee the funds and properties then constituting the Fund. If for any 
reason the Grantor cannot or does not act in the event of the 
resignation of the Trustee, the Trustee may apply to a court of 
competent jurisdiction for the appointment of a successor trustee or for 
instructions. The successor trustee shall specify the date on which it 
assumes administration of the trust in a writing sent to the Grantor, 
the EPA Regional Administrator, and the present Trustee by certified 
mail 10 days before such change becomes effective. Any expenses incurred 
by the Trustee as a result of any of the acts contemplated by this 
Section shall be paid as provided in Section 9.
    Section 14. Instructions to the Trustee. All orders, requests, and 
instructions by the Grantor to the Trustee shall be in writing, signed 
by such persons as are designated in the attached Exhibit A or such 
other designees as the Grantor may designate by amendment to Exhibit A. 
The Trustee shall be fully protected in acting without inquiry in 
accordance with the Grantor's orders, requests, and instructions. All 
orders, requests, and instructions by the EPA Regional Administrator to 
the Trustee shall be in writing, signed by the EPA Regional 
Administrators of the Regions in which the facilities are located, or 
their designees, and the Trustee shall act and shall be fully protected 
in acting in accordance with such orders, requests, and instructions. 
The Trustee shall have the right to assume, in the absence of written 
notice to the contrary, that no event constituting a change or a 
termination of the authority of any person to act on behalf of the 
Grantor or EPA hereunder has occurred. The Trustee shall have no duty to 
act in the absence of such orders, requests, and instructions from the 
Grantor and/or EPA, except as provided for herein.
    Section 15. Amendment of Agreement. This Agreement may be amended by 
an instrument in writing executed by the Grantor, the Trustee, and the 
appropriate EPA Regional Administrator, or by the Trustee and the 
appropriate EPA Regional Administrator if the Grantor ceases to exist.
    Section 16. Irrevocability and Termination. Subject to the right of 
the parties to amend this Agreement as provided in Section 16, this 
Trust shall be irrevocable and shall continue until terminated at the 
written agreement of the Grantor, the Trustee, and the EPA Regional 
Administrator, or by the Trustee and the EPA Regional Administrator, if 
the Grantor ceases to exist. Upon termination of the Trust, all 
remaining trust property, less final trust administration expenses, 
shall be delivered to the Grantor.
    Section 17. Immunity and Indemnification. The Trustee shall not 
incur personal liability of any nature in connection with any act or 
omission, made in good faith, in the administration of this Trust, or in 
carrying out any directions by the Grantor or the EPA Regional 
Administrator issued in accordance with this Agreement. The Trustee 
shall be indemnified and saved harmless by the Grantor or from the Trust 
Fund, or both, from and against any personal liability to which the 
Trustee may be subjected by reason of any act or conduct in its official 
capacity, including all expenses reasonably incurred in its defense in 
the event the Grantor fails to provide such defense.

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    Section 18. Choice of Law. This Agreement shall be administered, 
construed, and enforced according to the laws of the State of [insert 
name of State].
    Section 19. Interpretation. As used in this Agreement, words in the 
singular include the plural and words in the plural include the 
singular. The descriptive headings for each Section of this Agreement 
shall not affect the interpretation or the legal efficacy of this 
Agreement.
    In Witness Whereof the parties have caused this Agreement to be 
executed by their respective officers duly authorized and their 
corporate seals to be hereunto affixed and attested as of the date first 
above written: The parties below certify that the wording of this 
Agreement is identical to the wording specified in 40 CFR 261.151(a)(1) 
as such regulations were constituted on the date first above written.
[Signature of Grantor]
[Title]

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

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

                        Financial Guarantee Bond

Date bond executed:
Effective date:
Principal: [legal name and business address of owner or operator]
Type of Organization: [insert ``individual,'' ``joint venture,'' 
          ``partnership,'' or ``corporation'']
 State of incorporation:________________________________________________
Surety(ies): [name(s) and business address(es)]
 EPA Identification Number, name, address and amount(s) for each 
facility guaranteed by this bond:_______________________________________
 Total penal sum of bond: $_____________________________________________
 Surety's bond number:__________________________________________________
    Know All Persons By These Presents, That we, the Principal and 
Surety(ies) are firmly bound to the U.S. EPA in the event that the 
hazardous secondary materials at the reclamation or intermediate 
facility listed below no longer meet the conditions of the exclusion 
under 40 CFR 261.4(a)(24), in the above penal sum for the payment of 
which we bind ourselves, our heirs, executors, administrators, 
successors, and assigns jointly and severally; provided that, where the 
Surety(ies) are corporations acting as co-sureties, we, the Sureties, 
bind ourselves in such sum ``jointly and severally'' only for the 
purpose of allowing a joint action or actions against any or all of us, 
and for all other purposes each Surety binds itself, jointly and 
severally with the Principal, for the payment of such sum only as is set 
forth opposite the name of such Surety, but if no limit of liability is 
indicated, the limit of liability shall be the full amount of the penal 
sum.
    Whereas said Principal is required, under the Resource Conservation 
and Recovery Act as amended (RCRA), to have a permit or interim status 
in order to own or operate each facility identified above, or to meet 
conditions under 40 CFR sections 261.4(a)(24), and
    Whereas said Principal is required to provide financial assurance as 
a condition of permit or interim status or as a condition of an 
exclusion under 40 CFR sections 261.4(a)(24) and
    Whereas said Principal shall establish a standby trust fund as is 
required when a surety bond is used to provide such financial assurance;
    Now, Therefore, the conditions of the obligation are such that if 
the Principal shall faithfully, before the beginning of final closure of 
each facility identified above, fund the standby trust fund in the 
amount(s) identified above for the facility,
    Or, if the Principal shall satisfy all the conditions established 
for exclusion of hazardous secondary materials from coverage as solid 
waste under 40 CFR sections 261.4(a)(24),
    Or, if the Principal shall fund the standby trust fund in such 
amount(s) within 15 days after a final order to begin closure is issued 
by an EPA Regional Administrator or a U.S. district court or other court 
of competent jurisdiction,

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    Or, if the Principal shall provide alternate financial assurance, as 
specified in subpart H of 40 CFR part 261, as applicable, and obtain the 
EPA Regional Administrator's written approval of such assurance, within 
90 days after the date notice of cancellation is received by both the 
Principal and the EPA Regional Administrator(s) from the Surety(ies), 
then this obligation shall be null and void; otherwise it is to remain 
in full force and effect.
    The Surety(ies) shall become liable on this bond obligation only 
when the Principal has failed to fulfill the conditions described above. 
Upon notification by an EPA Regional Administrator that the Principal 
has failed to perform as guaranteed by this bond, the Surety(ies) shall 
place funds in the amount guaranteed for the facility(ies) into the 
standby trust fund as directed by the EPA Regional Administrator.
    The liability of the Surety(ies) shall not be discharged by any 
payment or succession of payments hereunder, unless and until such 
payment or payments shall amount in the aggregate to the penal sum of 
the bond, but in no event shall the obligation of the Surety(ies) 
hereunder exceed the amount of said penal sum.
    The Surety(ies) may cancel the bond by sending notice of 
cancellation by certified mail to the Principal and to the EPA Regional 
Administrator(s) for the Region(s) in which the facility(ies) is (are) 
located, provided, however, that cancellation shall not occur during the 
120 days beginning on the date of receipt of the notice of cancellation 
by both the Principal and the EPA Regional Administrator(s), as 
evidenced by the return receipts.
    The Principal may terminate this bond by sending written notice to 
the Surety(ies), provided, however, that no such notice shall become 
effective until the Surety(ies) receive(s) written authorization for 
termination of the bond by the EPA Regional Administrator(s) of the EPA 
Region(s) in which the bonded facility(ies) is (are) located.
    [The following paragraph is an optional rider that may be included 
but is not required.]
    Principal and Surety(ies) hereby agree to adjust the penal sum of 
the bond yearly so that it guarantees a new amount, provided that the 
penal sum does not increase by more than 20 percent in any one year, and 
no decrease in the penal sum takes place without the written permission 
of the EPA Regional Administrator(s).
    In Witness Whereof, the Principal and Surety(ies) have executed this 
Financial Guarantee Bond and have affixed their seals on the date set 
forth above.
    The persons whose signatures appear below hereby certify that they 
are authorized to execute this surety bond on behalf of the Principal 
and Surety(ies) and that the wording of this surety bond is identical to 
the wording specified in 40 CFR 261.151(b) as such regulations were 
constituted on the date this bond was executed.

                                Principal

[Signature(s)]

________________________________________________________________________
[Name(s)]

________________________________________________________________________
[Title(s)]

________________________________________________________________________
 [Corporate seal]_______________________________________________________

                          Corporate Surety(ies)

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

                  Irrevocable Standby Letter of Credit

                        Regional Administrator(s)

 Region(s)______________________________________________________________

                  U.S. Environmental Protection Agency

    Dear Sir or Madam: We hereby establish our Irrevocable Standby 
Letter of Credit No.____ in your favor, in the event that the hazardous 
secondary materials at the covered reclamation or intermediary 
facility(ies) no longer meet the conditions of the exclusion under 40 
CFR 261.4(a)(24), at the request and for the account of [owner's or 
operator's name and address] up to the aggregate amount of [in words] 
U.S. dollars $____, available upon presentation of
    (1) your sight draft, bearing reference to this letter of credit 
No.__, and
    (2) your signed statement reading as follows: ``I certify that the 
amount of the draft is payable pursuant to regulations issued under 
authority of the Resource Conservation and Recovery Act of 1976 as 
amended.''
    This letter of credit is effective as of [date] and shall expire on 
[date at least 1 year later], but such expiration date shall be 
automatically extended for a period of [at least 1 year] on [date] and 
on each successive expiration date, unless, at least 120 days before the 
current expiration date, we notify both you and [owner's or operator's 
name] by

[[Page 130]]

certified mail that we have decided not to extend this letter of credit 
beyond the current expiration date. In the event you are so notified, 
any unused portion of the credit shall be available upon presentation of 
your sight draft for 120 days after the date of receipt by both you and 
[owner's or operator's name], as shown on the signed return receipts.
    Whenever this letter of credit is drawn on under and in compliance 
with the terms of this credit, we shall duly honor such draft upon 
presentation to us, and we shall deposit the amount of the draft 
directly into the standby trust fund of [owner's or operator's name] in 
accordance with your instructions.
    We certify that the wording of this letter of credit is identical to 
the wording specified in 40 CFR 261.151(c) as such regulations were 
constituted on the date shown immediately below.

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

    This credit is subject to [insert ``the most recent edition of the 
Uniform Customs and Practice for Documentary Credits, published and 
copyrighted by the International Chamber of Commerce,'' or ``the Uniform 
Commercial Code''].
    (d) A certificate of insurance, as specified in Sec. 261.143(e) of 
this chapter, must be worded as follows, except that instructions in 
brackets are to be replaced with the relevant information and the 
brackets deleted:

                        Certificate of Insurance

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

________________________________________________________________________

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

________________________________________________________________________

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

                              Face Amount:

________________________________________________________________________

 Policy Number:_________________________________________________________

                             Effective Date:

________________________________________________________________________

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

                   [Authorized signature for Insurer]

                        [Name of person signing]

                        [Title of person signing]

 Signature of witness or notary:________________________________________

                                 [Date]

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

                   Letter From Chief Financial Officer

    [Address to Regional Administrator of every Region in which 
facilities for which financial responsibility is to be demonstrated 
through the financial test are located].
    I am the chief financial officer of [name and address of firm]. This 
letter is in support of this firm's use of the financial test to 
demonstrate financial assurance, as specified in subpart H of 40 CFR 
part 261.
    [Fill out the following nine paragraphs regarding facilities and 
associated cost estimates. If your firm has no facilities that belong in 
a particular paragraph, write ``None'' in the space indicated. For each 
facility, include its EPA Identification Number (if any issued), name, 
address, and current cost estimates.]
    1. This firm is the owner or operator of the following facilities 
for which financial assurance is demonstrated through the financial test 
specified in subpart H of 40 CFR 261. The current cost estimates covered 
by the test are shown for each facility: ____.
    2. This firm guarantees, through the guarantee specified in subpart 
H of 40 CFR part 261, the following facilities owned or operated by the 
guaranteed party. The current

[[Page 131]]

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

                              Alternative I

    1. Sum of current cost estimates [total of all cost estimates shown 
in the nine paragraphs above] $__
    *2. Total liabilities [if any portion of the cost estimates is 
included in total liabilities, you may deduct the amount of that portion 
from this line and add that amount to lines 3 and 4] $__
    *3. Tangible net worth $____
    *4. Net worth $____-
    *5. Current assets $____
    *6. Current liabilities $____
    7. Net working capital [line 5 minus line 6] $____
    *8. The sum of net income plus depreciation, depletion, and 
amortization $____-
    *9. Total assets in U.S. (required only if less than 90% of firm's 
assets are located in the U.S.) $____-

[[Page 132]]

    10. Is line 3 at least $10 million? (Yes/No) ____
    11. Is line 3 at least 6 times line 1? (Yes/No) ____-
    12. Is line 7 at least 6 times line 1? (Yes/No) ____-
    *13. Are at least 90% of firm's assets located in the U.S.? If not, 
complete line 14 (Yes/No) ____
    14. Is line 9 at least 6 times line 1? (Yes/No) ____-
    15. Is line 2 divided by line 4 less than 2.0? (Yes/No) ____-
    16. Is line 8 divided by line 2 greater than 0.1? (Yes/No) ____-
    17. Is line 5 divided by line 6 greater than 1.5? (Yes/No) ____-

                             Alternative II

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

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

                   Letter From Chief Financial Officer

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

[[Page 133]]

this guarantee __]. [Attach a written description of the business 
relationship or a copy of the contract establishing such relationship to 
this letter.]
    [If you are using the financial test to demonstrate coverage of both 
liability and costs assured under Sec. 261.143(e) or closure or post-
closure care costs under 40 CFR 264.143, 264.145, 265.143 or 265.145, 
fill in the following nine paragraphs regarding facilities and 
associated cost estimates. If there are no facilities that belong in a 
particular paragraph, write ``None'' in the space indicated. For each 
facility, include its EPA identification number (if any issued), name, 
address, and current cost estimates.]
    1. This firm is the owner or operator of the following facilities 
for which financial assurance is demonstrated through the financial test 
specified in subpart H of 40 CFR 261. The current cost estimates covered 
by the test are shown for each facility:____.
    2. This firm guarantees, through the guarantee specified in subpart 
H of 40 CFR part 261, the following facilities owned or operated by the 
guaranteed party. The current cost estimates so guaranteed are shown for 
each facility:____. The firm identified above is [insert one or more: 
(1) The direct or higher-tier parent corporation of the owner or 
operator; (2) owned by the same parent corporation as the parent 
corporation of the owner or operator, and receiving the following value 
in consideration of this guarantee____, or (3) engaged in the following 
substantial business relationship with the owner or operator ____, and 
receiving the following value in consideration of this guarantee____]. 
[Attach a written description of the business relationship or a copy of 
the contract establishing such relationship to this letter].
    3. In States where EPA is not administering the financial 
requirements of subpart H of 40 CFR part 261, this firm, as owner or 
operator or guarantor, is demonstrating financial assurance for the 
following facilities through the use of a test equivalent or 
substantially equivalent to the financial test specified in subpart H of 
40 CFR part 261. The current cost estimates covered by such a test are 
shown for each facility:____.
    4. This firm is the owner or operator of the following hazardous 
secondary materials management facilities for which financial assurance 
is not demonstrated either to EPA or a State through the financial test 
or any other financial assurance mechanism specified in subpart H of 40 
CFR part 261 or equivalent or substantially equivalent State mechanisms. 
The current cost estimates not covered by such financial assurance are 
shown for each facility:____.
    5. This firm is the owner or operator of the following UIC 
facilities for which financial assurance for plugging and abandonment is 
required under part 144. The current closure cost estimates as required 
by 40 CFR 144.62 are shown for each facility:____.
    6. This firm is the owner or operator of the following facilities 
for which financial assurance for closure or post-closure care is 
demonstrated through the financial test specified in subpart H of 40 CFR 
parts 264 and 265. The current closure and/or post-closure cost 
estimates covered by the test are shown for each facility: ____.
    7. This firm guarantees, through the guarantee specified in subpart 
H of 40 CFR parts 264 and 265, the closure or post-closure care of the 
following facilities owned or operated by the guaranteed party. The 
current cost estimates for the closure or post-closure care so 
guaranteed are shown for each facility: ____. The firm identified above 
is [insert one or more: (1) The direct or higher-tier parent corporation 
of the owner or operator; (2) owned by the same parent corporation as 
the parent corporation of the owner or operator, and receiving the 
following value in consideration of this guarantee ____; or (3) engaged 
in the following substantial business relationship with the owner or 
operator ____, and receiving the following value in consideration of 
this guarantee ____].
    [Attach a written description of the business relationship or a copy 
of the contract establishing such relationship to this letter].
    8. In States where EPA is not administering the financial 
requirements of subpart H of 40 CFR part 264 or 265, this firm, as owner 
or operator or guarantor, is demonstrating financial assurance for the 
closure or post-closure care of the following facilities through the use 
of a test equivalent or substantially equivalent to the financial test 
specified in subpart H of 40 CFR parts 264 and 265. The current closure 
and/or post-closure cost estimates covered by such a test are shown for 
each facility: ____.
    9. This firm is the owner or operator of the following hazardous 
waste management facilities for which financial assurance for closure 
or, if a disposal facility, post-closure care, is not demonstrated 
either to EPA or a State through the financial test or any other 
financial assurance mechanism specified in subpart H of 40 CFR parts 264 
and 265 or equivalent or substantially equivalent State mechanisms. The 
current closure and/or post-closure cost estimates not covered by such 
financial assurance are shown for each facility: ____.
    This firm [insert ``is required'' or ``is not required''] to file a 
Form 10K with the Securities and Exchange Commission (SEC) for the 
latest fiscal year.
    The fiscal year of this firm ends on [month, day]. The figures for 
the following items marked with an asterisk are derived from this firm's 
independently audited, year-end financial statements for the latest 
completed fiscal year, ended [date].

[[Page 134]]

          Part A. Liability Coverage for Accidental Occurrences

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

                              Alternative I

    1. Amount of annual aggregate liability coverage to be demonstrated 
$____-.
    *2. Current assets $____-.
    *3. Current liabilities $____-.
    4. Net working capital (line 2 minus line 3) $____-.
    *5. Tangible net worth $____-.
    *6. If less than 90% of assets are located in the U.S., give total 
U.S. assets $____-.
    7. Is line 5 at least $10 million? (Yes/No) ____-.
    8. Is line 4 at least 6 times line 1? (Yes/No) ____-.
    9. Is line 5 at least 6 times line 1? (Yes/No) ____-.
    *10. Are at least 90% of assets located in the U.S.? (Yes/No) ____. 
If not, complete line 11.
    11. Is line 6 at least 6 times line 1? (Yes/No) ____.

                             Alternative II

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

              Part B. Facility Care and Liability Coverage

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

                              Alternative I

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

                             Alternative II

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

[[Page 135]]

 [Title]________________________________________________________________
 [Date]_________________________________________________________________
    (g)(1) A corporate guarantee, as specified in Sec. 261.143(e) of 
this chapter, must be worded as follows, except that instructions in 
brackets are to be replaced with the relevant information and the 
brackets deleted:

                  Corporate Guarantee for Facility Care

    Guarantee made this [date] by [name of guaranteeing entity], a 
business corporation organized under the laws of the State of [insert 
name of State], herein referred to as guarantor. This guarantee is made 
on behalf of the [owner or operator] of [business address], which is 
[one of the following: ``our subsidiary''; ``a subsidiary of [name and 
address of common parent corporation], of which guarantor is a 
subsidiary''; or ``an entity with which guarantor has a substantial 
business relationship, as defined in 40 CFR 264.141(h) and 265.141(h)'' 
to the United States Environmental Protection Agency (EPA).

                                Recitals

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

[[Page 136]]

from the EPA Regional Administrator(s) within 90 days after a notice of 
cancellation by the guarantor is received by an EPA Regional 
Administrator from guarantor, guarantor shall provide such alternate 
financial assurance in the name of [owner or operator].
    12. Guarantor expressly waives notice of acceptance of this 
guarantee by the EPA or by [owner or operator]. Guarantor also expressly 
waives notice of amendments or modifications of the closure plan and of 
amendments or modifications of the applicable requirements of 40 CFR 
parts 264, 265, or subpart H of 40 CFR 261.
    I hereby certify that the wording of this guarantee is identical to 
the wording specified in 40 CFR 261.151(g)(1) as such regulations were 
constituted on the date first above written.
 Effective date:________________________________________________________
 [Name of guarantor]____________________________________________________
 [Authorized signature for guarantor]___________________________________
 [Name of person signing]_______________________________________________
 [Title of person signing]______________________________________________
 Signature of witness or notary:________________________________________
    (2) A guarantee, as specified in Sec. 261.147(g) of this chapter, 
must be worded as follows, except that instructions in brackets are to 
be replaced with the relevant information and the brackets deleted:

                    Guarantee for Liability Coverage

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

                                Recitals

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

[[Page 137]]

or entrustment to others of any aircraft, motor vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert owner or 
operator];
    (2) Premises that are sold, given away or abandoned by [insert owner 
or operator] if the property damage arises out of any part of those 
premises;
    (3) Property loaned to [insert owner or operator];
    (4) Personal property in the care, custody or control of [insert 
owner or operator];
    (5) That particular part of real property on which [insert owner or 
operator] or any contractors or subcontractors working directly or 
indirectly on behalf of [insert owner or operator] are performing 
operations, if the property damage arises out of these operations.
    5. Guarantor agrees that if, at the end of any fiscal year before 
termination of this guarantee, the guarantor fails to meet the financial 
test criteria, guarantor shall send within 90 days, by certified mail, 
notice to the EPA Regional Administrator[s] for the Region[s] in which 
the facility[ies] is[are] located and to [owner or operator] that he 
intends to provide alternate liability coverage as specified in 40 CFR 
261.147, as applicable, in the name of [owner or operator]. Within 120 
days after the end of such fiscal year, the guarantor shall establish 
such liability coverage unless [owner or operator] has done so.
    6. The guarantor agrees to notify the EPA Regional Administrator by 
certified mail of a voluntary or involuntary proceeding under title 11 
(Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days 
after commencement of the proceeding. Guarantor agrees that within 30 
days after being notified by an EPA Regional Administrator of a 
determination that guarantor no longer meets the financial test criteria 
or that he is disallowed from continuing as a guarantor, he shall 
establish alternate liability coverage as specified in 40 CFR 261.147 in 
the name of [owner or operator], unless [owner or operator] has done so.
    7. Guarantor reserves the right to modify this agreement to take 
into account amendment or modification of the liability requirements set 
by 40 CFR 261.147, provided that such modification shall become 
effective only if a Regional Administrator does not disapprove the 
modification within 30 days of receipt of notification of the 
modification.
    8. Guarantor agrees to remain bound under this guarantee for so long 
as [owner or operator] must comply with the applicable requirements of 
40 CFR 261.147 for the above-listed facility(ies), except as provided in 
paragraph 10 of this agreement.
    9. [Insert the following language if the guarantor is (a) a direct 
or higher-tier corporate parent, or (b) a firm whose parent corporation 
is also the parent corporation of the owner or operator]:
    10. Guarantor may terminate this guarantee by sending notice by 
certified mail to the EPA Regional Administrator(s) for the Region(s) in 
which the facility(ies) is(are) located and to [owner or operator], 
provided that this guarantee may not be terminated unless and until [the 
owner or operator] obtains, and the EPA Regional Administrator(s) 
approve(s), alternate liability coverage complying with 40 CFR 261.147.
    [Insert the following language if the guarantor is a firm qualifying 
as a guarantor due to its ``substantial business relationship'' with the 
owner or operator]:
    Guarantor may terminate this guarantee 120 days following receipt of 
notification, through certified mail, by the EPA Regional 
Administrator(s) for the Region(s) in which the facility(ies) is(are) 
located and by [the owner or operator].
    11. Guarantor hereby expressly waives notice of acceptance of this 
guarantee by any party.
    12. Guarantor agrees that this guarantee is in addition to and does 
not affect any other responsibility or liability of the guarantor with 
respect to the covered facilities.
    13. The Guarantor shall satisfy a third-party liability claim only 
on receipt of one of the following documents:
    (a) Certification from the Principal and the third-party claimant(s) 
that the liability claim should be paid. The certification must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                      Certification of Valid Claim

    The undersigned, as parties [insert Principal] and [insert name and 
address of third-party claimant(s)], hereby certify that the claim of 
bodily injury and/or property damage caused by a [sudden or nonsudden] 
accidental occurrence arising from operating [Principal's] facility 
should be paid in the amount of $ .
 [Signatures]___________________________________________________________
 Principal______________________________________________________________
 (Notary) Date__________________________________________________________
 [Signatures]___________________________________________________________
 Claimant(s)____________________________________________________________
 (Notary) Date__________________________________________________________
    (b) A valid final court order establishing a judgment against the 
Principal for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Principal's facility or group of facilities.
    14. In the event of combination of this guarantee with another 
mechanism to meet liability requirements, this guarantee will be 
considered [insert ``primary'' or ``excess''] coverage.

[[Page 138]]

    I hereby certify that the wording of the guarantee is identical to 
the wording specified in 40 CFR 261.151(g)(2) as such regulations were 
constituted on the date shown immediately below.
 Effective date:________________________________________________________
 [Name of guarantor]____________________________________________________
 [Authorized signature for guarantor]___________________________________
 [Name of person signing]_______________________________________________
 [Title of person signing]______________________________________________
 Signature of witness or notary:________________________________________
    (h) A hazardous waste facility liability endorsement as required 
Sec. 261.147 must be worded as follows, except that instructions in 
brackets are to be replaced with the relevant information and the 
brackets deleted:

Hazardous Secondary Material Reclamation/Intermediate Facility Liability 
                               Endorsement

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

     Hazardous Secondary Material Reclamation/Intermediate Facility 
                   Certificate of Liability Insurance

    1. [Name of Insurer], (the ``Insurer''), of [address of Insurer] 
hereby certifies that it has issued liability insurance covering bodily 
injury and property damage to [name of insured], (the ``insured''), of 
[address of insured] in connection with the insured's obligation to 
demonstrate financial responsibility under 40 CFR parts 264, 265, and 
the financial assurance condition of 40 CFR 261.4(a)(24)(vi)(F). The 
coverage applies at [list EPA Identification Number (if any issued), 
name, and address for each facility] for [insert ``sudden accidental 
occurrences,'' ``nonsudden accidental occurrences,'' or

[[Page 139]]

``sudden and nonsudden accidental occurrences''; if coverage is for 
multiple facilities and the coverage is different for different 
facilities, indicate which facilities are insured for sudden accidental 
occurrences, which are insured for nonsudden accidental occurrences, and 
which are insured for both]. The limits of liability are [insert the 
dollar amount of the ``each occurrence'' and ``annual aggregate'' limits 
of the Insurer's liability], exclusive of legal defense costs. The 
coverage is provided under policy number, issued on [date]. The 
effective date of said policy is [date].
    2. The Insurer further certifies the following with respect to the 
insurance described in Paragraph 1:
    (a) Bankruptcy or insolvency of the insured shall not relieve the 
Insurer of its obligations under the policy.
    (b) The Insurer is liable for the payment of amounts within any 
deductible applicable to the policy, with a right of reimbursement by 
the insured for any such payment made by the Insurer. This provision 
does not apply with respect to that amount of any deductible for which 
coverage is demonstrated as specified in 40 CFR 261.147.
    (c) Whenever requested by a Regional Administrator of the U.S. 
Environmental Protection Agency (EPA), the Insurer agrees to furnish to 
the Regional Administrator a signed duplicate original of the policy and 
all endorsements.
    (d) Cancellation of the insurance, whether by the insurer, the 
insured, a parent corporation providing insurance coverage for its 
subsidiary, or by a firm having an insurable interest in and obtaining 
liability insurance on behalf of the owner or operator of the hazardous 
waste management facility, will be effective only upon written notice 
and only after the expiration of 60 days after a copy of such written 
notice is received by the Regional Administrator(s) of the EPA Region(s) 
in which the facility(ies) is(are) located.
    (e) Any other termination of the insurance will be effective only 
upon written notice and only after the expiration of thirty (30) days 
after a copy of such written notice is received by the Regional 
Administrator(s) of the EPA Region(s) in which the facility(ies) is 
(are) located.

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

                  Irrevocable Standby Letter of Credit

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

                       Certificate of Valid Claim

    The undersigned, as parties [insert principal] and [insert name and 
address of third party claimant(s)], hereby certify that the claim of 
bodily injury and/or property damage caused by a [sudden or nonsudden] 
accidental occurrence arising from operations of [principal's] facility 
should be paid in the amount of $[ ]. We hereby certify that the claim 
does not apply to any of the following:
    (a) Bodily injury or property damage for which [insert principal] is 
obligated to pay damages by reason of the assumption of liability in a 
contract or agreement. This exclusion does not apply to liability for 
damages that [insert principal] would be obligated to pay in the absence 
of the contract or agreement.
    (b) Any obligation of [insert principal] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
any similar law.
    (c) Bodily injury to:
    (1) An employee of [insert principal] arising from, and in the 
course of, employment by [insert principal]; or
    (2) The spouse, child, parent, brother or sister of that employee as 
a consequence of,

[[Page 140]]

or arising from, and in the course of employment by [insert principal].
    This exclusion applies:
    (A) Whether [insert principal] may be liable as an employer or in 
any other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert principal];
    (2) Premises that are sold, given away or abandoned by [insert 
principal] if the property damage arises out of any part of those 
premises;
    (3) Property loaned to [insert principal];
    (4) Personal property in the care, custody or control of [insert 
principal];
    (5) That particular part of real property on which [insert 
principal] or any contractors or subcontractors working directly or 
indirectly on behalf of [insert principal] are performing operations, if 
the property damage arises out of these operations.

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

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

                              Payment Bond

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

________________________________________________________________________
________________________________________________________________________

                                Nonsudden

                            Sudden accidental

                               accidental

                                occurrences

                               occurrences

________________________________________________________________________
________________________________________________________________________

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

________________________________________________________________________
________________________________________________________________________

    Purpose: This is an agreement between the Surety(ies) and the 
Principal under which the Surety(ies), its(their) successors and 
assignees, agree to be responsible for the payment of claims against the 
Principal for bodily injury and/or property damage to third parties 
caused by [``sudden'' and/or ``nonsudden''] accidental occurrences 
arising from

[[Page 141]]

operations of the facility or group of facilities in the sums prescribed 
herein; subject to the governing provisions and the following 
conditions.
    Governing Provisions:
    (1) Section 3004 of the Resource Conservation and Recovery Act of 
1976, as amended.
    (2) Rules and regulations of the U.S. Environmental Protection 
Agency (EPA), particularly 40 CFR parts 264, 265, and Subpart H of 40 
CFR part 261 (if applicable).
    (3) Rules and regulations of the governing State agency (if 
applicable) [insert citation].
    Conditions:
    (1) The Principal is subject to the applicable governing provisions 
that require the Principal to have and maintain liability coverage for 
bodily injury and property damage to third parties caused by [``sudden'' 
and/or ``nonsudden''] accidental occurrences arising from operations of 
the facility or group of facilities. Such obligation does not apply to 
any of the following:
    (a) Bodily injury or property damage for which [insert Principal] is 
obligated to pay damages by reason of the assumption of liability in a 
contract or agreement. This exclusion does not apply to liability for 
damages that [insert Principal] would be obligated to pay in the absence 
of the contract or agreement.
    (b) Any obligation of [insert Principal] under a workers' 
compensation, disability benefits, or unemployment compensation law or 
similar law.
    (c) Bodily injury to:
    (1) An employee of [insert Principal] arising from, and in the 
course of, employment by [insert principal]; or
    (2) The spouse, child, parent, brother or sister of that employee as 
a consequence of, or arising from, and in the course of employment by 
[insert Principal]. This exclusion applies:
    (A) Whether [insert Principal] may be liable as an employer or in 
any other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert Principal];
    (2) Premises that are sold, given away or abandoned by [insert 
Principal] if the property damage arises out of any part of those 
premises;
    (3) Property loaned to [insert Principal];
    (4) Personal property in the care, custody or control of [insert 
Principal];
    (5) That particular part of real property on which [insert 
Principal] or any contractors or subcontractors working directly or 
indirectly on behalf of [insert Principal] are performing operations, if 
the property damage arises out of these operations.
    (2) This bond assures that the Principal will satisfy valid third 
party liability claims, as described in condition 1.
    (3) If the Principal fails to satisfy a valid third party liability 
claim, as described above, the Surety(ies) becomes liable on this bond 
obligation.
    (4) The Surety(ies) shall satisfy a third party liability claim only 
upon the receipt of one of the following documents:
    (a) Certification from the Principal and the third party claimant(s) 
that the liability claim should be paid. The certification must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                      Certification of Valid Claim

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

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

[Notary] Date
or (b) A valid final court order establishing a judgment against the 
Principal for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Principal's facility or group of facilities.
    (5) In the event of combination of this bond with another mechanism 
for liability coverage, this bond will be considered [insert ``primary'' 
or ``excess''] coverage.
    (6) The liability of the Surety(ies) shall not be discharged by any 
payment or succession of payments hereunder, unless and until such 
payment or payments shall amount in the aggregate to the penal sum of 
the bond. In no event shall the obligation of the Surety(ies) hereunder 
exceed the amount of said annual aggregate penal sum, provided that the 
Surety(ies) furnish(es) notice to the Regional Administrator forthwith 
of all claims filed and payments made by the Surety(ies) under this 
bond.
    (7) The Surety(ies) may cancel the bond by sending notice of 
cancellation by certified mail to the Principal and the USEPA Regional 
Administrator for Region [Region ], provided, however, that cancellation 
shall not occur during the 120 days beginning on

[[Page 142]]

the date of receipt of the notice of cancellation by the Principal and 
the Regional Administrator, as evidenced by the return receipt.
    (8) The Principal may terminate this bond by sending written notice 
to the Surety(ies) and to the EPA Regional Administrator(s) of the EPA 
Region(s) in which the bonded facility(ies) is (are) located.
    (9) The Surety(ies) hereby waive(s) notification of amendments to 
applicable laws, statutes, rules and regulations and agree(s) that no 
such amendment shall in any way alleviate its (their) obligation on this 
bond.
    (10) This bond is effective from [insert date] (12:01 a.m., standard 
time, at the address of the Principal as stated herein) and shall 
continue in force until terminated as described above.
    In Witness Whereof, the Principal and Surety(ies) have executed this 
Bond and have affixed their seals on the date set forth above.
    The persons whose signatures appear below hereby certify that they 
are authorized to execute this surety bond on behalf of the Principal 
and Surety(ies) and that the wording of this surety bond is identical to 
the wording specified in 40 CFR 261.151(k), as such regulations were 
constituted on the date this bond was executed.

                                PRINCIPAL

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

                          CORPORATE SURETY[IES]

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

                             Trust Agreement

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

[[Page 143]]

    (1) An employee of [insert Grantor] arising from, and in the course 
of, employment by [insert Grantor]; or
    (2) The spouse, child, parent, brother or sister of that employee as 
a consequence of, or arising from, and in the course of employment by 
[insert Grantor]. This exclusion applies:
    (A) Whether [insert Grantor] may be liable as an employer or in any 
other capacity; and
    (B) To any obligation to share damages with or repay another person 
who must pay damages because of the injury to persons identified in 
paragraphs (1) and (2).
    (d) Bodily injury or property damage arising out of the ownership, 
maintenance, use, or entrustment to others of any aircraft, motor 
vehicle or watercraft.
    (e) Property damage to:
    (1) Any property owned, rented, or occupied by [insert Grantor];
    (2) Premises that are sold, given away or abandoned by [insert 
Grantor] if the property damage arises out of any part of those 
premises;
    (3) Property loaned to [insert Grantor];
    (4) Personal property in the care, custody or control of [insert 
Grantor];
    (5) That particular part of real property on which [insert Grantor] 
or any contractors or subcontractors working directly or indirectly on 
behalf of [insert Grantor] are performing operations, if the property 
damage arises out of these operations.
    In the event of combination with another mechanism for liability 
coverage, the Fund shall be considered [insert ``primary'' or 
``excess''] coverage.
    The Fund is established initially as consisting of the property, 
which is acceptable to the Trustee, described in Schedule B attached 
hereto. Such property and any other property subsequently transferred to 
the Trustee is referred to as the Fund, together with all earnings and 
profits thereon, less any payments or distributions made by the Trustee 
pursuant to this Agreement. The Fund shall be held by the Trustee, IN 
TRUST, as hereinafter provided. The Trustee shall not be responsible nor 
shall it undertake any responsibility for the amount or adequacy of, nor 
any duty to collect from the Grantor, any payments necessary to 
discharge any liabilities of the Grantor established by EPA.
    Section 4. Payment for Bodily Injury or Property Damage. The Trustee 
shall satisfy a third party liability claim by making payments from the 
Fund only upon receipt of one of the following documents;
    (a) Certification from the Grantor and the third party claimant(s) 
that the liability claim should be paid. The certification must be 
worded as follows, except that instructions in brackets are to be 
replaced with the relevant information and the brackets deleted:

                      Certification of Valid Claim

    The undersigned, as parties [insert Grantor] and [insert name and 
address of third party claimant(s)], hereby certify that the claim of 
bodily injury and/or property damage caused by a [sudden or nonsudden] 
accidental occurrence arising from operating [Grantor's] facility or 
group of facilities should be paid in the amount of $[ ].
[Signatures]
Grantor
[Signatures]
Claimant(s)
    (b) A valid final court order establishing a judgment against the 
Grantor for bodily injury or property damage caused by sudden or 
nonsudden accidental occurrences arising from the operation of the 
Grantor's facility or group of facilities.
    Section 5. Payments Comprising the Fund. Payments made to the 
Trustee for the Fund shall consist of cash or securities acceptable to 
the Trustee.
    Section 6. Trustee Management. The Trustee shall invest and reinvest 
the principal and income, in accordance with general investment policies 
and guidelines which the Grantor may communicate in writing to the 
Trustee from time to time, subject, however, to the provisions of this 
section. In investing, reinvesting, exchanging, selling, and managing 
the Fund, the Trustee shall discharge his duties with respect to the 
trust fund solely in the interest of the beneficiary and with the care, 
skill, prudence, and diligence under the circumstance then prevailing 
which persons of prudence, acting in a like capacity and familiar with 
such matters, would use in the conduct of an enterprise of a like 
character and with like aims; except that:
    (i) Securities or other obligations of the Grantor, or any other 
owner or operator of the facilities, or any of their affiliates as 
defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 
80a-2.(a), shall not be acquired or held unless they are securities or 
other obligations of the Federal or a State government;
    (ii) The Trustee is authorized to invest the Fund in time or demand 
deposits of the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (iii) The Trustee is authorized to hold cash awaiting investment or 
distribution uninvested for a reasonable time and without liability for 
the payment of interest thereon.
    Section 7. Commingling and Investment. The Trustee is expressly 
authorized in its discretion:
    (a) To transfer from time to time any or all of the assets of the 
Fund to any common commingled, or collective trust fund created by the 
Trustee in which the fund is eligible

[[Page 144]]

to participate, subject to all of the provisions thereof, to be 
commingled with the assets of other trusts participating therein; and
    (b) To purchase shares in any investment company registered under 
the Investment Company Act of 1940, 15 U.S.C. 81a-1 et seq., including 
one which may be created, managed, underwritten, or to which investment 
advice is rendered or the shares of which are sold by the Trustee. The 
Trustee may vote such shares in its discretion.
    Section 8. Express Powers of Trustee. Without in any way limiting 
the powers and discretions conferred upon the Trustee by the other 
provisions of this Agreement or by law, the Trustee is expressly 
authorized and empowered:
    (a) To sell, exchange, convey, transfer, or otherwise dispose of any 
property held by it, by public or private sale. No person dealing with 
the Trustee shall be bound to see to the application of the purchase 
money or to inquire into the validity or expediency of any such sale or 
other disposition;
    (b) To make, execute, acknowledge, and deliver any and all documents 
of transfer and conveyance and any and all other instruments that may be 
necessary or appropriate to carry out the powers herein granted;
    (c) To register any securities held in the Fund in its own name or 
in the name of a nominee and to hold any security in bearer form or in 
book entry, or to combine certificates representing such securities with 
certificates of the same issue held by the Trustee in other fiduciary 
capacities, or to deposit or arrange for the deposit of such securities 
in a qualified central depository even though, when so deposited, such 
securities may be merged and held in bulk in the name of the nominee of 
such depository with other securities deposited therein by another 
person, or to deposit or arrange for the deposit of any securities 
issued by the United States Government, or any agency or instrumentality 
thereof, with a Federal Reserve bank, but the books and records of the 
Trustee shall at all times show that all such securities are part of the 
Fund;
    (d) To deposit any cash in the Fund in interest-bearing accounts 
maintained or savings certificates issued by the Trustee, in its 
separate corporate capacity, or in any other banking institution 
affiliated with the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (e) To compromise or otherwise adjust all claims in favor of or 
against the Fund.
    Section 9. Taxes and Expenses. All taxes of any kind that may be 
assessed or levied against or in respect of the Fund and all brokerage 
commissions incurred by the Fund shall be paid from the Fund. All other 
expenses incurred by the Trustee in connection with the administration 
of this Trust, including fees for legal services rendered to the 
Trustee, the compensation of the Trustee to the extent not paid directly 
by the Grantor, and all other proper charges and disbursements of the 
Trustee shall be paid from the Fund.
    Section 10. Annual Valuations. The Trustee shall annually, at least 
30 days prior to the anniversary date of establishment of the Fund, 
furnish to the Grantor and to the appropriate EPA Regional Administrator 
a statement confirming the value of the Trust. Any securities in the 
Fund shall be valued at market value as of no more than 60 days prior to 
the anniversary date of establishment of the Fund. The failure of the 
Grantor to object in writing to the Trustee within 90 days after the 
statement has been furnished to the Grantor and the EPA Regional 
Administrator shall constitute a conclusively binding assent by the 
Grantor barring the Grantor from asserting any claim or liability 
against the Trustee with respect to matters disclosed in the statement.
    Section 11. Advice of Counsel. The Trustee may from time to time 
consult with counsel, who may be counsel to the Grantor with respect to 
any question arising as to the construction of this Agreement or any 
action to be taken hereunder. The Trustee shall be fully protected, to 
the extent permitted by law, in acting upon the advice of counsel.
    Section 12. Trustee Compensation. The Trustee shall be entitled to 
reasonable compensation for its services as agreed upon in writing from 
time to time with the Grantor.
    Section 13. Successor Trustee. The Trustee may resign or the Grantor 
may replace the Trustee, but such resignation or replacement shall not 
be effective until the Grantor has appointed a successor trustee and 
this successor accepts the appointment. The successor trustee shall have 
the same powers and duties as those conferred upon the Trustee 
hereunder. Upon the successor trustee's acceptance of the appointment, 
the Trustee shall assign, transfer, and pay over to the successor 
trustee the funds and properties then constituting the Fund. If for any 
reason the Grantor cannot or does not act in the event of the 
resignation of the Trustee, the Trustee may apply to a court of 
competent jurisdiction for the appointment of a successor trustee or for 
instructions. The successor trustee shall specify the date on which it 
assumes administration of the trust in a writing sent to the Grantor, 
the EPA Regional Administrator, and the present Trustee by certified 
mail 10 days before such change becomes effective. Any expenses incurred 
by the Trustee as a result of any of the acts contemplated by this 
section shall be paid as provided in Section 9.
    Section 14. Instructions to the Trustee. All orders, requests, and 
instructions by the Grantor to the Trustee shall be in writing, signed 
by such persons as are designated in

[[Page 145]]

the attached Exhibit A or such other designees as the Grantor may 
designate by amendments to Exhibit A. The Trustee shall be fully 
protected in acting without inquiry in accordance with the Grantor's 
orders, requests, and instructions. All orders, requests, and 
instructions by the EPA Regional Administrator to the Trustee shall be 
in writing, signed by the EPA Regional Administrators of the Regions in 
which the facilities are located, or their designees, and the Trustee 
shall act and shall be fully protected in acting in accordance with such 
orders, requests, and instructions. The Trustee shall have the right to 
assume, in the absence of written notice to the contrary, that no event 
constituting a change or a termination of the authority of any person to 
act on behalf of the Grantor or EPA hereunder has occurred. The Trustee 
shall have no duty to act in the absence of such orders, requests, and 
instructions from the Grantor and/or EPA, except as provided for herein.
    Section 15. Notice of Nonpayment. If a payment for bodily injury or 
property damage is made under Section 4 of this trust, the Trustee shall 
notify the Grantor of such payment and the amount(s) thereof within five 
(5) working days. The Grantor shall, on or before the anniversary date 
of the establishment of the Fund following such notice, either make 
payments to the Trustee in amounts sufficient to cause the trust to 
return to its value immediately prior to the payment of claims under 
Section 4, or shall provide written proof to the Trustee that other 
financial assurance for liability coverage has been obtained equaling 
the amount necessary to return the trust to its value prior to the 
payment of claims. If the Grantor does not either make payments to the 
Trustee or provide the Trustee with such proof, the Trustee shall within 
10 working days after the anniversary date of the establishment of the 
Fund provide a written notice of nonpayment to the EPA Regional 
Administrator.
    Section 16. Amendment of Agreement. This Agreement may be amended by 
an instrument in writing executed by the Grantor, the Trustee, and the 
appropriate EPA Regional Administrator, or by the Trustee and the 
appropriate EPA Regional Administrator if the Grantor ceases to exist.
    Section 17. Irrevocability and Termination. Subject to the right of 
the parties to amend this Agreement as provided in Section 16, this 
Trust shall be irrevocable and shall continue until terminated at the 
written agreement of the Grantor, the Trustee, and the EPA Regional 
Administrator, or by the Trustee and the EPA Regional Administrator, if 
the Grantor ceases to exist. Upon termination of the Trust, all 
remaining trust property, less final trust administration expenses, 
shall be delivered to the Grantor.
    The Regional Administrator will agree to termination of the Trust 
when the owner or operator substitutes alternate financial assurance as 
specified in this section.
    Section 18. Immunity and Indemnification. The Trustee shall not 
incur personal liability of any nature in connection with any act or 
omission, made in good faith, in the administration of this Trust, or in 
carrying out any directions by the Grantor or the EPA Regional 
Administrator issued in accordance with this Agreement. The Trustee 
shall be indemnified and saved harmless by the Grantor or from the Trust 
Fund, or both, from and against any personal liability to which the 
Trustee may be subjected by reason of any act or conduct in its official 
capacity, including all expenses reasonably incurred in its defense in 
the event the Grantor fails to provide such defense.
    Section 19. Choice of Law. This Agreement shall be administered, 
construed, and enforced according to the laws of the State of [enter 
name of State].
    Section 20. Interpretation. As used in this Agreement, words in the 
singular include the plural and words in the plural include the 
singular. The descriptive headings for each section of this Agreement 
shall not affect the interpretation or the legal efficacy of this 
Agreement.
    In Witness Whereof the parties have caused this Agreement to be 
executed by their respective officers duly authorized and their 
corporate seals to be hereunto affixed and attested as of the date first 
above written. The parties below certify that the wording of this 
Agreement is identical to the wording specified in 40 CFR 261.151(l) as 
such regulations were constituted on the date first above written.

                         [Signature of Grantor]

                                 [Title]

Attest:

                                 [Title]

                                 [Seal]

                         [Signature of Trustee]

Attest:

                                 [Title]

                                 [Seal]

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

 County of______________________________________________________________


[[Page 146]]

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

                      [Signature of Notary Public]

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

                         Standby Trust Agreement

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

[[Page 147]]

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

                      Certification of Valid Claim

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

 Grantor________________________________________________________________

 [Signatures]___________________________________________________________

 Claimant(s)____________________________________________________________

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

[[Page 148]]

conveyance and any and all other instruments that may be necessary or 
appropriate to carry out the powers herein granted;
    (c) To register any securities held in the Fund in its own name or 
in the name of a nominee and to hold any security in bearer form or in 
book entry, or to combine certificates representing such securities with 
certificates of the same issue held by the Trustee in other fiduciary 
capacities, or to deposit or arrange for the deposit of such securities 
in a qualified central depositary even though, when so deposited, such 
securities may be merged and held in bulk in the name of the nominee of 
such depositary with other securities deposited therein by another 
person, or to deposit or arrange for the deposit of any securities 
issued by the United States Government, or any agency or instrumentality 
thereof, with a Federal Reserve Bank, but the books and records of the 
Trustee shall at all times show that all such securities are part of the 
Fund;
    (d) To deposit any cash in the Fund in interest-bearing accounts 
maintained or savings certificates issued by the Trustee, in its 
separate corporate capacity, or in any other banking institution 
affiliated with the Trustee, to the extent insured by an agency of the 
Federal or State government; and
    (e) To compromise or otherwise adjust all claims in favor of or 
against the Fund.
    Section 9. Taxes and Expenses. All taxes of any kind that may be 
assessed or levied against or in respect of the Fund and all brokerage 
commissions incurred by the Fund shall be paid from the Fund. All other 
expenses incurred by the Trustee in connection with the administration 
of this Trust, including fees for legal services rendered to the 
Trustee, the compensation of the Trustee to the extent not paid directly 
by the Grantor, and all other proper charges and disbursements to the 
Trustee shall be paid from the Fund.
    Section 10. Advice of Counsel. The Trustee may from time to time 
consult with counsel, who may be counsel to the Grantor, with respect to 
any question arising as to the construction of this Agreement or any 
action to be taken hereunder. The Trustee shall be fully protected, to 
the extent permitted by law, in acting upon the advice of counsel.
    Section 11. Trustee Compensation. The Trustee shall be entitled to 
reasonable compensation for its services as agreed upon in writing from 
time to time with the Grantor.
    Section 12. Successor Trustee. The Trustee may resign or the Grantor 
may replace the Trustee, but such resignation or replacement shall not 
be effective until the Grantor has appointed a successor trustee and 
this successor accepts the appointment. The successor trustee shall have 
the same powers and duties as those conferred upon the Trustee 
hereunder. Upon the successor trustee's acceptance of the appointment, 
the Trustee shall assign, transfer, and pay over to the successor 
trustee the funds and properties then constituting the Fund. If for any 
reason the Grantor cannot or does not act in the event of the 
resignation of the Trustee, the Trustee may apply to a court of 
competent jurisdiction for the appointment of a successor trustee or for 
instructions. The successor trustee shall specify the date on which it 
assumes administration of the trust in a writing sent to the Grantor, 
the EPA Regional Administrator and the present Trustee by certified mail 
10 days before such change becomes effective. Any expenses incurred by 
the Trustee as a result of any of the acts contemplated by this Section 
shall be paid as provided in Section 9.
    Section 13. Instructions to the Trustee. All orders, requests, 
certifications of valid claims, and instructions to the Trustee shall be 
in writing, signed by such persons as are designated in the attached 
Exhibit A or such other designees as the Grantor may designate by 
amendments to Exhibit A. The Trustee shall be fully protected in acting 
without inquiry in accordance with the Grantor's orders, requests, and 
instructions. The Trustee shall have the right to assume, in the absence 
of written notice to the contrary, that no event constituting a change 
or a termination of the authority of any person to act on behalf of the 
Grantor or the EPA Regional Administrator hereunder has occurred. The 
Trustee shall have no duty to act in the absence of such orders, 
requests, and instructions from the Grantor and/or EPA, except as 
provided for herein.
    Section 14. Amendment of Agreement. This Agreement may be amended by 
an instrument in writing executed by the Grantor, the Trustee, and the 
EPA Regional Administrator, or by the Trustee and the EPA Regional 
Administrator if the Grantor ceases to exist.
    Section 15. Irrevocability and Termination. Subject to the right of 
the parties to amend this Agreement as provided in Section 14, this 
Trust shall be irrevocable and shall continue until terminated at the 
written agreement of the Grantor, the Trustee, and the EPA Regional 
Administrator, or by the Trustee and the EPA Regional Administrator, if 
the Grantor ceases to exist. Upon termination of the Trust, all 
remaining trust property, less final trust administration expenses, 
shall be paid to the Grantor.
    The Regional Administrator will agree to termination of the Trust 
when the owner or operator substitutes alternative financial assurance 
as specified in this section.
    Section 16. Immunity and indemnification. The Trustee shall not 
incur personal liability of any nature in connection with any act or 
omission, made in good faith, in the administration of this Trust, or in 
carrying out any directions by the Grantor and the EPA Regional 
Administrator issued in accordance

[[Page 149]]

with this Agreement. The Trustee shall be indemnified and saved harmless 
by the Grantor or from the Trust Fund, or both, from and against any 
personal liability to which the Trustee may be subjected by reason of 
any act or conduct in its official capacity, including all expenses 
reasonably incurred in its defense in the event the Grantor fails to 
provide such defense.
    Section 17. Choice of Law. This Agreement shall be administered, 
construed, and enforced according to the laws of the State of [enter 
name of State].
    Section 18. Interpretation. As used in this Agreement, words in the 
singular include the plural and words in the plural include the 
singular. The descriptive headings for each Section of this Agreement 
shall not affect the interpretation of the legal efficacy of this 
Agreement.
    In Witness Whereof the parties have caused this Agreement to be 
executed by their respective officers duly authorized and their 
corporate seals to be hereunto affixed and attested as of the date first 
above written. The parties below certify that the wording of this 
Agreement is identical to the wording specified in 40 CFR 261.151(m) as 
such regulations were constituted on the date first above written.
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
    (2) The following is an example of the certification of 
acknowledgement which must accompany the trust agreement for a standby 
trust fund as specified in section 261.147(h) of this chapter. State 
requirements may differ on the proper content of this acknowledgement.

 State of_______________________________________________________________

 County of______________________________________________________________

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

                      [Signature of Notary Public]



      Sec. Appendix I to Part 261--Representative Sampling Methods

    The methods and equipment used for sampling waste materials will 
vary with the form and consistency of the waste materials to be sampled. 
Samples collected using the sampling protocols listed below, for 
sampling waste with properties similar to the indicated materials, will 
be considered by the Agency to be representative of the waste.
Extremely viscous liquid--ASTM Standard D140-70 Crushed or powdered 
material--ASTM Standard D346-75 Soil or rock-like material--ASTM 
Standard D420-69 Soil-like material--ASTM Standard D1452-65
Fly Ash-like material--ASTM Standard D2234-76 [ASTM Standards are 
available from ASTM, 1916 Race St., Philadelphia, PA 19103]
Containerized liquid waste--``COLIWASA.''
Liquid waste in pits, ponds, lagoons, and similar reservoirs--``Pond 
Sampler.''
    This manual also contains additional information on application of 
these protocols.

[45 FR 33119, May 19, 1980, as amended at 70 FR 34562, June 14, 2005]



               Subpart I_Use and Management of Containers

    Source: 80 FR 1777, Jan. 13, 2015, unless otherwise noted.



Sec. 261.170  Applicability.

    This subpart applies to hazardous secondary materials excluded under 
the remanufacturing exclusion at Sec. 261.4(a)(27) and stored in 
containers.



Sec. 261.171  Condition of containers.

    If a container holding hazardous secondary material is not in good 
condition (e.g., severe rusting, apparent structural defects) or if it 
begins to leak, the hazardous secondary material must be transferred 
from this container to a container that is in good condition or managed 
in some other way that complies with the requirements of this part.



Sec. 261.172  Compatibility of hazardous secondary materials with
containers.

    The container must be made of or lined with materials which will not 
react with, and are otherwise compatible with, the hazardous secondary 
material to be stored, so that the ability

[[Page 150]]

of the container to contain the material is not impaired.



Sec. 261.173  Management of containers.

    (a) A container holding hazardous secondary material must always be 
closed during storage, except when it is necessary to add or remove the 
hazardous secondary material.
    (b) A container holding hazardous secondary material must not be 
opened, handled, or stored in a manner which may rupture the container 
or cause it to leak.



Sec. 261.175  Containment.

    (a) Container storage areas must have a containment system that is 
designed and operated in accordance with paragraph (b) of this section.
    (b) A containment system must be designed and operated as follows:
    (1) A base must underlie the containers which is free of cracks or 
gaps and is sufficiently impervious to contain leaks, spills, and 
accumulated precipitation until the collected material is detected and 
removed;
    (2) The base must be sloped or the containment system must be 
otherwise designed and operated to drain and remove liquids resulting 
from leaks, spills, or precipitation, unless the containers are elevated 
or are otherwise protected from contact with accumulated liquids;
    (3) The containment system must have sufficient capacity to contain 
10% of the volume of containers or the volume of the largest container, 
whichever is greater.
    (4) Run-on into the containment system must be prevented unless the 
collection system has sufficient excess capacity in addition to that 
required in paragraph (b)(3) of this section to contain any run-on which 
might enter the system; and
    (5) Spilled or leaked material and accumulated precipitation must be 
removed from the sump or collection area in as timely a manner as is 
necessary to prevent overflow of the collection system.



Sec. 261.176  Special requirements for ignitable or reactive 
hazardous secondary material.

    Containers holding ignitable or reactive hazardous secondary 
material must be located at least 15 meters (50 feet) from the 
facility's property line.



Sec. 261.177  Special requirements for incompatible materials.

    (a) Incompatible materials must not be placed in the same container.
    (b) Hazardous secondary material must not be placed in an unwashed 
container that previously held an incompatible material.
    (c) A storage container holding a hazardous secondary material that 
is incompatible with any other materials stored nearby must be separated 
from the other materials or protected from them by means of a dike, 
berm, wall, or other device.



Sec. 261.179  Air emission standards.

    The remanufacturer or other person that stores or treats the 
hazardous secondary material shall manage all hazardous secondary 
material placed in a container in accordance with the applicable 
requirements of subparts AA, BB, and CC of this part.



                         Subpart J_Tank Systems

    Source: 80 FR 1777, Jan. 13, 2015, unless otherwise noted.



Sec. 261.190  Applicability.

    (a) The requirements of this subpart apply to tank systems for 
storing or treating hazardous secondary material excluded under the 
remanufacturing exclusion at Sec. 261.4(a)(27).
    (b) Tank systems, including sumps, as defined in Sec. 260.10, that 
serve as part of a secondary containment system to collect or contain 
releases of hazardous secondary materials are exempted from the 
requirements in Sec. 261.193(a).



Sec. 261.191  Assessment of existing tank system's integrity.

    (a) Tank systems must meet the secondary containment requirements of 
Sec. 261.193, or the remanufacturer or

[[Page 151]]

other person that handles the hazardous secondary material must 
determine that the tank system is not leaking or is unfit for use. 
Except as provided in paragraph (c) of this section, a written 
assessment reviewed and certified by a qualified Professional Engineer 
must be kept on file at the remanufacturer's facility or other facility 
that stores or treats the hazardous secondary material that attests to 
the tank system's integrity.
    (b) This assessment must determine that the tank system is 
adequately designed and has sufficient structural strength and 
compatibility with the material(s) to be stored or treated, to ensure 
that it will not collapse, rupture, or fail. At a minimum, this 
assessment must consider the following:
    (1) Design standard(s), if available, according to which the tank 
and ancillary equipment were constructed;
    (2) Hazardous characteristics of the material(s) that have been and 
will be handled;
    (3) Existing corrosion protection measures;
    (4) Documented age of the tank system, if available (otherwise, an 
estimate of the age); and
    (5) Results of a leak test, internal inspection, or other tank 
integrity examination such that:
    (i) For non-enterable underground tanks, the assessment must include 
a leak test that is capable of taking into account the effects of 
temperature variations, tank end deflection, vapor pockets, and high 
water table effects, and
    (ii) For other than non-enterable underground tanks and for 
ancillary equipment, this assessment must include either a leak test, as 
described above, or other integrity examination that is certified by a 
qualified Professional Engineer that addresses cracks, leaks, corrosion, 
and erosion.

    Note to paragraph (b)(5)(ii): The practices described in the 
American Petroleum Institute (API) Publication, Guide for Inspection of 
Refinery Equipment, Chapter XIII, ``Atmospheric and Low-Pressure Storage 
Tanks,'' 4th edition, 1981, may be used, where applicable, as guidelines 
in conducting other than a leak test.

    (c) If, as a result of the assessment conducted in accordance with 
paragraph (a) of this section, a tank system is found to be leaking or 
unfit for use, the remanufacturer or other person that stores or treats 
the hazardous secondary material must comply with the requirements of 
Sec. 261.196.



Sec. 261.192  [Reserved]



Sec. 261.193  Containment and detection of releases.

    (a) Secondary containment systems must be:
    (1) Designed, installed, and operated to prevent any migration of 
materials or accumulated liquid out of the system to the soil, ground 
water, or surface water at any time during the use of the tank system; 
and
    (2) Capable of detecting and collecting releases and accumulated 
liquids until the collected material is removed.

    Note to paragraph (a): If the collected material is a hazardous 
waste under part 261 of this chapter, it is subject to management as a 
hazardous waste in accordance with all applicable requirements of parts 
262 through 265, 266, and 268 of this chapter. If the collected material 
is discharged through a point source to waters of the United States, it 
is subject to the requirements of sections 301, 304, and 402 of the 
Clean Water Act, as amended. If discharged to a Publicly Owned Treatment 
Works (POTW), it is subject to the requirements of section 307 of the 
Clean Water Act, as amended. If the collected material is released to 
the environment, it may be subject to the reporting requirements of 40 
CFR part 302.

    (b) To meet the requirements of paragraph (a) of this section, 
secondary containment systems must be at a minimum:
    (1) Constructed of or lined with materials that are compatible with 
the materials(s) to be placed in the tank system and must have 
sufficient strength and thickness to prevent failure owing to pressure 
gradients (including static head and external hydrological forces), 
physical contact with the material to which it is exposed, climatic 
conditions, and the stress of daily operation (including stresses from 
nearby vehicular traffic);
    (2) Placed on a foundation or base capable of providing support to 
the secondary containment system, resistance to pressure gradients above 
and below

[[Page 152]]

the system, and capable of preventing failure due to settlement, 
compression, or uplift;
    (3) Provided with a leak-detection system that is designed and 
operated so that it will detect the failure of either the primary or 
secondary containment structure or the presence of any release of 
hazardous secondary material or accumulated liquid in the secondary 
containment system at the earliest practicable time; and
    (4) Sloped or otherwise designed or operated to drain and remove 
liquids resulting from leaks, spills, or precipitation. Spilled or 
leaked material and accumulated precipitation must be removed from the 
secondary containment system within 24 hours, or in as timely a manner 
as is possible to prevent harm to human health and the environment.
    (c) Secondary containment for tanks must include one or more of the 
following devices:
    (1) A liner (external to the tank);
    (2) A vault; or
    (3) A double-walled tank.
    (d) In addition to the requirements of paragraphs (a), (b), and (c) 
of this section, secondary containment systems must satisfy the 
following requirements:
    (1) External liner systems must be:
    (i) Designed or operated to contain 100 percent of the capacity of 
the largest tank within its boundary;
    (ii) Designed or operated to prevent run-on or infiltration of 
precipitation into the secondary containment system unless the 
collection system has sufficient excess capacity to contain run-on or 
infiltration. Such additional capacity must be sufficient to contain 
precipitation from a 25-year, 24-hour rainfall event.
    (iii) Free of cracks or gaps; and
    (iv) Designed and installed to surround the tank completely and to 
cover all surrounding earth likely to come into contact with the 
material if the material is released from the tank(s) (i.e., capable of 
preventing lateral as well as vertical migration of the material).
    (2) Vault systems must be:
    (i) Designed or operated to contain 100 percent of the capacity of 
the largest tank within its boundary;
    (ii) Designed or operated to prevent run-on or infiltration of 
precipitation into the secondary containment system unless the 
collection system has sufficient excess capacity to contain run-on or 
infiltration. Such additional capacity must be sufficient to contain 
precipitation from a 25-year, 24-hour rainfall event;
    (iii) Constructed with chemical-resistant water stops in place at 
all joints (if any);
    (iv) Provided with an impermeable interior coating or lining that is 
compatible with the stored material and that will prevent migration of 
material into the concrete;
    (v) Provided with a means to protect against the formation of and 
ignition of vapors within the vault, if the material being stored or 
treated is ignitable or reactive; and
    (vi) Provided with an exterior moisture barrier or be otherwise 
designed or operated to prevent migration of moisture into the vault if 
the vault is subject to hydraulic pressure.
    (3) Double-walled tanks must be:
    (i) Designed as an integral structure (i.e., an inner tank 
completely enveloped within an outer shell) so that any release from the 
inner tank is contained by the outer shell;
    (ii) Protected, if constructed of metal, from both corrosion of the 
primary tank interior and of the external surface of the outer shell; 
and
    (iii) Provided with a built-in continuous leak detection system 
capable of detecting a release within 24 hours, or at the earliest 
practicable time.

    Note to paragraph (d)(3): The provisions outlined in the Steel Tank 
Institute's (STI) ``Standard for Dual Wall Underground Steel Storage 
Tanks'' may be used as guidelines for aspects of the design of 
underground steel double-walled tanks.

    (e) [Reserved]
    (f) Ancillary equipment must be provided with secondary containment 
(e.g., trench, jacketing, double-walled piping) that meets the 
requirements of paragraphs (a) and (b) of this section except for:
    (1) Aboveground piping (exclusive of flanges, joints, valves, and 
other connections) that are visually inspected for leaks on a daily 
basis;

[[Page 153]]

    (2) Welded flanges, welded joints, and welded connections that are 
visually inspected for leaks on a daily basis;
    (3) Sealless or magnetic coupling pumps and sealless valves that are 
visually inspected for leaks on a daily basis; and
    (4) Pressurized aboveground piping systems with automatic shut-off 
devices (e.g., excess flow check valves, flow metering shutdown devices, 
loss of pressure actuated shut-off devices) that are visually inspected 
for leaks on a daily basis.



Sec. 261.194  General operating requirements.

    (a) Hazardous secondary materials or treatment reagents must not be 
placed in a tank system if they could cause the tank, its ancillary 
equipment, or the containment system to rupture, leak, corrode, or 
otherwise fail.
    (b) The remanufacturer or other person that stores or treats the 
hazardous secondary material must use appropriate controls and practices 
to prevent spills and overflows from tank or containment systems. These 
include at a minimum:
    (1) Spill prevention controls (e.g., check valves, dry disconnect 
couplings);
    (2) Overfill prevention controls (e.g., level sensing devices, high 
level alarms, automatic feed cutoff, or bypass to a standby tank); and
    (3) Maintenance of sufficient freeboard in uncovered tanks to 
prevent overtopping by wave or wind action or by precipitation.
    (c) The remanufacturer or other person that stores or treats the 
hazardous secondary material must comply with the requirements of 
Sec. 261.196 of this subpart if a leak or spill occurs in the tank 
system.



Sec. 261.195  [Reserved]



Sec. 261.196  Response to leaks or spills and disposition of leaking
or unfit-for-use tank systems.

    A tank system or secondary containment system from which there has 
been a leak or spill, or which is unfit for use, must be removed from 
service immediately, and the remanufacturer or other person that stores 
or treats the hazardous secondary material must satisfy the following 
requirements:
    (a) Cessation of use; prevent flow or addition of materials. The 
remanufacturer or other person that stores or treats the hazardous 
secondary material must immediately stop the flow of hazardous secondary 
material into the tank system or secondary containment system and 
inspect the system to determine the cause of the release.
    (b) Removal of material from tank system or secondary containment 
system. (1) If the release was from the tank system, the remanufacturer 
or other person that stores or treats the hazardous secondary material 
must, within 24 hours after detection of the leak or, if the 
remanufacturer or other person that stores or treats the hazardous 
secondary material demonstrates that it is not possible, at the earliest 
practicable time, remove as much of the material as is necessary to 
prevent further release of hazardous secondary material to the 
environment and to allow inspection and repair of the tank system to be 
performed.
    (2) If the material released was to a secondary containment system, 
all released materials must be removed within 24 hours or in as timely a 
manner as is possible to prevent harm to human health and the 
environment.
    (c) Containment of visible releases to the environment. The 
remanufacturer or other person that stores or treats the hazardous 
secondary material must immediately conduct a visual inspection of the 
release and, based upon that inspection:
    (1) Prevent further migration of the leak or spill to soils or 
surface water; and
    (2) Remove, and properly dispose of, any visible contamination of 
the soil or surface water.
    (d) Notifications, reports. (1) Any release to the environment, 
except as provided in paragraph (d)(2) of this section, must be reported 
to the Regional Administrator within 24 hours of its detection. If the 
release has been reported pursuant to 40 CFR part 302, that report will 
satisfy this requirement.
    (2) A leak or spill of hazardous secondary material is exempted from 
the requirements of this paragraph if it is:

[[Page 154]]

    (i) Less than or equal to a quantity of 1 pound, and
    (ii) Immediately contained and cleaned up.
    (3) Within 30 days of detection of a release to the environment, a 
report containing the following information must be submitted to the 
Regional Administrator:
    (i) Likely route of migration of the release;
    (ii) Characteristics of the surrounding soil (soil composition, 
geology, hydrogeology, climate);
    (iii) Results of any monitoring or sampling conducted in connection 
with the release (if available). If sampling or monitoring data relating 
to the release are not available within 30 days, these data must be 
submitted to the Regional Administrator as soon as they become 
available.
    (iv) Proximity to downgradient drinking water, surface water, and 
populated areas; and
    (v) Description of response actions taken or planned.
    (e) Provision of secondary containment, repair, or closure. (1) 
Unless the remanufacturer or other person that stores or treats the 
hazardous secondary material satisfies the requirements of paragraphs 
(e)(2) through (4) of this section, the tank system must cease to 
operate under the remanufacturing exclusion at 40 CFR 261.4(a)(27).
    (2) If the cause of the release was a spill that has not damaged the 
integrity of the system, the remanufacturer or other person that stores 
or treats the hazardous secondary material may return the system to 
service as soon as the released material is removed and repairs, if 
necessary, are made.
    (3) If the cause of the release was a leak from the primary tank 
system into the secondary containment system, the system must be 
repaired prior to returning the tank system to service.
    (4) If the source of the release was a leak to the environment from 
a component of a tank system without secondary containment, the 
remanufacturer or other person that stores or treats the hazardous 
secondary material must provide the component of the system from which 
the leak occurred with secondary containment that satisfies the 
requirements of Sec. 261.193 before it can be returned to service, 
unless the source of the leak is an aboveground portion of a tank system 
that can be inspected visually. If the source is an aboveground 
component that can be inspected visually, the component must be repaired 
and may be returned to service without secondary containment as long as 
the requirements of paragraph (f) of this section are satisfied. 
Additionally, if a leak has occurred in any portion of a tank system 
component that is not readily accessible for visual inspection (e.g., 
the bottom of an inground or onground tank), the entire component must 
be provided with secondary containment in accordance with Sec. 261.193 
of this subpart prior to being returned to use.
    (f) Certification of major repairs. If the remanufacturer or other 
person that stores or treats the hazardous secondary material has 
repaired a tank system in accordance with paragraph (e) of this section, 
and the repair has been extensive (e.g., installation of an internal 
liner; repair of a ruptured primary containment or secondary containment 
vessel), the tank system must not be returned to service unless the 
remanufacturer or other person that stores or treats the hazardous 
secondary material has obtained a certification by a qualified 
Professional Engineer that the repaired system is capable of handling 
hazardous secondary materials without release for the intended life of 
the system. This certification must be kept on file at the facility and 
maintained until closure of the facility.
    Note 1 to Sec. 261.196: The Regional Administrator may, on the basis 
of any information received that there is or has been a release of 
hazardous secondary material or hazardous constituents into the 
environment, issue an order under RCRA section 7003(a) requiring 
corrective action or such other response as deemed necessary to protect 
human health or the environment.
    Note 2 to Sec. 261.196: 40 CFR part 302 may require the owner or 
operator to notify the National Response Center of certain releases.



Sec. 261.197  Termination of remanufacturing exclusion.

    Hazardous secondary material stored in units more than 90 days after 
the

[[Page 155]]

unit ceases to operate under the remanufacturing exclusion at 40 CFR 
261.4(a)(27) or otherwise ceases to be operated for manufacturing, or 
for storage of a product or a raw material, then becomes subject to 
regulation as hazardous waste under parts 261 through 266, 268, 270, 
271, and 124 of this chapter, as applicable.



Sec. 261.198  Special requirements for ignitable or reactive materials.

    (a) Ignitable or reactive material must not be placed in tank 
systems, unless the material is stored or treated in such a way that it 
is protected from any material or conditions that may cause the material 
to ignite or react.
    (b) The remanufacturer or other person that stores or treats 
hazardous secondary material which is ignitable or reactive must store 
or treat the hazardous secondary material in a tank that is in 
compliance with the requirements for the maintenance of protective 
distances between the material management area and any public ways, 
streets, alleys, or an adjoining property line that can be built upon as 
required in Tables 2-1 through 2-6 of the National Fire Protection 
Association's ``Flammable and Combustible Liquids Code,'' (1977 or 
1981), (incorporated by reference, see Sec. 260.11).



Sec. 261.199  Special requirements for incompatible materials.

    (a) Incompatible materials must not be placed in the same tank 
system.
    (b) Hazardous secondary material must not be placed in a tank system 
that has not been decontaminated and that previously held an 
incompatible material.



Sec. 261.200  Air emission standards.

    The remanufacturer or other person that stores or treats the 
hazardous secondary material shall manage all hazardous secondary 
material placed in a tank in accordance with the applicable requirements 
of subparts AA, BB, and CC of this part.

Subparts K-L [Reserved]



Subpart M_Emergency Preparedness and Response for Management of Excluded 
                      Hazardous Secondary Materials

    Source: 80 FR 1777, Jan. 13, 2015, unless otherwise noted.



Sec. 261.400  Applicability.

    The requirements of this subpart apply to those areas of an entity 
managing hazardous secondary materials excluded under Sec. 261.4(a)(23) 
and/or (24) where hazardous secondary materials are generated or 
accumulated on site.
    (a) A generator of hazardous secondary material, or an intermediate 
or reclamation facility operating under a verified recycler variance 
under Sec. 260.31(d), that accumulates 6000 kg or less of hazardous 
secondary material at any time must comply with Secs. 261.410 and 
261.411.
    (b) A generator of hazardous secondary material, or an intermediate 
or reclamation facility operating under a verified recycler variance 
under Sec. 260.31(d) that accumulates more than 6000 kg of hazardous 
secondary material at any time must comply with Secs. 261.410 and 
261.420.



Sec. 261.410  Preparedness and prevention.

    (a) Maintenance and operation of facility. Facilities generating or 
accumulating hazardous secondary material must be maintained and 
operated to minimize the possibility of a fire, explosion, or any 
unplanned sudden or non-sudden release of hazardous secondary materials 
or hazardous secondary material constituents to air, soil, or surface 
water which could threaten human health or the environment.
    (b) Required equipment. All facilities generating or accumulating 
hazardous secondary material must be equipped with the following, unless 
none of the hazards posed by hazardous secondary material handled at the 
facility could require a particular kind of equipment specified below:
    (1) An internal communications or alarm system capable of providing 
immediate emergency instruction (voice or signal) to facility personnel;

[[Page 156]]

    (2) A device, such as a telephone (immediately available at the 
scene of operations) or a hand-held two-way radio, capable of summoning 
emergency assistance from local police departments, fire departments, or 
state or local emergency response teams;
    (3) Portable fire extinguishers, fire control equipment (including 
special extinguishing equipment, such as that using foam, inert gas, or 
dry chemicals), spill control equipment, and decontamination equipment; 
and
    (4) Water at adequate volume and pressure to supply water hose 
streams, or foam producing equipment, or automatic sprinklers, or water 
spray systems.
    (c) Testing and maintenance of equipment. All facility 
communications or alarm systems, fire protection equipment, spill 
control equipment, and decontamination equipment, where required, must 
be tested and maintained as necessary to assure its proper operation in 
time of emergency.
    (d) Access to communications or alarm system. (1) Whenever hazardous 
secondary material is being poured, mixed, spread, or otherwise handled, 
all personnel involved in the operation must have immediate access to an 
internal alarm or emergency communication device, either directly or 
through visual or voice contact with another employee, unless such a 
device is not required under paragraph (b) of this section.
    (2) If there is ever just one employee on the premises while the 
facility is operating, he must have immediate access to a device, such 
as a telephone (immediately available at the scene of operation) or a 
hand-held two-way radio, capable of summoning external emergency 
assistance, unless such a device is not required under paragraph (b) of 
this section.
    (e) Required aisle space. The hazardous secondary material generator 
or intermediate or reclamation facility operating under a verified 
recycler variance under Sec. 260.31(d) must maintain aisle space to 
allow the unobstructed movement of personnel, fire protection equipment, 
spill control equipment, and decontamination equipment to any area of 
facility operation in an emergency, unless aisle space is not needed for 
any of these purposes.
    (f) Arrangements with local authorities. (1) The hazardous secondary 
material generator or an intermediate or reclamation facility operating 
under a verified recycler variance under Sec. 260.31(d) must attempt to 
make the following arrangements, as appropriate for the type of waste 
handled at his facility and the potential need for the services of these 
organizations:
    (i) Arrangements to familiarize police, fire departments, and 
emergency response teams with the layout of the facility, properties of 
hazardous secondary material handled at the facility and associated 
hazards, places where facility personnel would normally be working, 
entrances to roads inside the facility, and possible evacuation routes;
    (ii) Where more than one police and fire department might respond to 
an emergency, agreements designating primary emergency authority to a 
specific police and a specific fire department, and agreements with any 
others to provide support to the primary emergency authority;
    (iii) Agreements with state emergency response teams, emergency 
response contractors, and equipment suppliers; and
    (iv) Arrangements to familiarize local hospitals with the properties 
of hazardous waste handled at the facility and the types of injuries or 
illnesses which could result from fires, explosions, or releases at the 
facility.
    (2) Where state or local authorities decline to enter into such 
arrangements, the hazardous secondary material generator or an 
intermediate or reclamation facility operating under a verified recycler 
variance under Sec. 260.31(d) must document the refusal in the operating 
record.



Sec. 261.411  Emergency procedures for facilities generating or 
accumulating 6000 kg or less of hazardous secondary material.

    A generator or an intermediate or reclamation facility operating 
under a verified recycler variance under

[[Page 157]]

Sec. 260.31(d) that generates or accumulates 6000 kg or less of 
hazardous secondary material must comply with the following 
requirements:
    (a) At all times there must be at least one employee either on the 
premises or on call (i.e., available to respond to an emergency by 
reaching the facility within a short period of time) with the 
responsibility for coordinating all emergency response measures 
specified in paragraph (d) of this section. This employee is the 
emergency coordinator.
    (b) The generator or intermediate or reclamation facility operating 
under a verified recycler variance under Sec. 260.31(d) must post the 
following information next to the telephone:
    (1) The name and telephone number of the emergency coordinator;
    (2) Location of fire extinguishers and spill control material, and, 
if present, fire alarm; and
    (3) The telephone number of the fire department, unless the facility 
has a direct alarm.
    (c) The generator or an intermediate or reclamation facility 
operating under a verified recycler variance under Sec. 260.31(d) must 
ensure that all employees are thoroughly familiar with proper waste 
handling and emergency procedures, relevant to their responsibilities 
during normal facility operations and emergencies;
    (d) The emergency coordinator or his designee must respond to any 
emergencies that arise. The applicable responses are as follows:
    (1) In the event of a fire, call the fire department or attempt to 
extinguish it using a fire extinguisher;
    (2) In the event of a spill, contain the flow of hazardous waste to 
the extent possible, and as soon as is practicable, clean up the 
hazardous waste and any contaminated materials or soil;
    (3) In the event of a fire, explosion, or other release which could 
threaten human health outside the facility or when the generator or an 
intermediate or reclamation facility operating under a verified recycler 
variance under Sec. 260.31(d) has knowledge that a spill has reached 
surface water, the generator or an intermediate or reclamation facility 
operating under a verified recycler variance under Sec. 260.31(d) must 
immediately notify the National Response Center (using their 24-hour 
toll free number 800/424-8802). The report must include the following 
information:
    (i) The name, address, and U.S. EPA Identification Number of the 
facility;
    (ii) Date, time, and type of incident (e.g., spill or fire);
    (iii) Quantity and type of hazardous waste involved in the incident;
    (iv) Extent of injuries, if any; and
    (v) Estimated quantity and disposition of recovered materials, if 
any.



Sec. 261.420  Contingency planning and emergency procedures for
facilities generating or accumulating more than 6000 kg of hazardous
secondary material.

    A generator or an intermediate or reclamation facility operating 
under a verified recycler variance under Sec. 260.31(d) that generates 
or accumulates more than 6000 kg of hazardous secondary material must 
comply with the following requirements:
    (a) Purpose and implementation of contingency plan. (1) Each 
generator or an intermediate or reclamation facility operating under a 
verified recycler variance under Sec. 260.31(d) that accumulates more 
than 6000 kg of hazardous secondary material must have a contingency 
plan for his facility. The contingency plan must be designed to minimize 
hazards to human health or the environment from fires, explosions, or 
any unplanned sudden or non-sudden release of hazardous secondary 
material or hazardous secondary material constituents to air, soil, or 
surface water.
    (2) The provisions of the plan must be carried out immediately 
whenever there is a fire, explosion, or release of hazardous secondary 
material or hazardous secondary material constituents which could 
threaten human health or the environment.
    (b) Content of contingency plan. (1) The contingency plan must 
describe the actions facility personnel must take to comply with 
paragraphs (a) and (f) in response to fires, explosions, or any 
unplanned sudden or non-sudden release of hazardous secondary material 
or hazardous secondary material constituents to air, soil, or surface 
water at the facility.

[[Page 158]]

    (2) If the generator or an intermediate or reclamation facility 
operating under a verified recycler variance under Sec. 260.31(d) 
accumulating more than 6000 kg of hazardous secondary material has 
already prepared a Spill Prevention, Control, and Countermeasures (SPCC) 
Plan in accordance with part 112 of this chapter, or some other 
emergency or contingency plan, he need only amend that plan to 
incorporate hazardous waste management provisions that are sufficient to 
comply with the requirements of this part. The hazardous secondary 
material generator or an intermediate or reclamation facility operating 
under a verified recycler variance under Sec. 260.31(d) may develop one 
contingency plan which meets all regulatory requirements. EPA recommends 
that the plan be based on the National Response Team's Integrated 
Contingency Plan Guidance (``One Plan''). When modifications are made to 
non-RCRA provisions in an integrated contingency plan, the changes do 
not trigger the need for a RCRA permit modification.
    (3) The plan must describe arrangements agreed to by local police 
departments, fire departments, hospitals, contractors, and State and 
local emergency response teams to coordinate emergency services, 
pursuant to Sec. 262.410(f).
    (4) The plan must list names, addresses, and phone numbers (office 
and home) of all persons qualified to act as emergency coordinator (see 
paragraph (e) of this section), and this list must be kept up-to-date. 
Where more than one person is listed, one must be named as primary 
emergency coordinator and others must be listed in the order in which 
they will assume responsibility as alternates.
    (5) The plan must include a list of all emergency equipment at the 
facility (such as fire extinguishing systems, spill control equipment, 
communications and alarm systems (internal and external), and 
decontamination equipment), where this equipment is required. This list 
must be kept up to date. In addition, the plan must include the location 
and a physical description of each item on the list, and a brief outline 
of its capabilities.
    (6) The plan must include an evacuation plan for facility personnel 
where there is a possibility that evacuation could be necessary. This 
plan must describe signal(s) to be used to begin evacuation, evacuation 
routes, and alternate evacuation routes (in cases where the primary 
routes could be blocked by releases of hazardous waste or fires).
    (c) Copies of contingency plan. A copy of the contingency plan and 
all revisions to the plan must be:
    (1) Maintained at the facility; and
    (2) Submitted to all local police departments, fire departments, 
hospitals, and State and local emergency response teams that may be 
called upon to provide emergency services.
    (d) Amendment of contingency plan. The contingency plan must be 
reviewed, and immediately amended, if necessary, whenever:
    (1) Applicable regulations are revised;
    (2) The plan fails in an emergency;
    (3) The facility changes--in its design, construction, operation, 
maintenance, or other circumstances--in a way that materially increases 
the potential for fires, explosions, or releases of hazardous secondary 
material or hazardous secondary material constituents, or changes the 
response necessary in an emergency;
    (4) The list of emergency coordinators changes; or
    (5) The list of emergency equipment changes.
    (e) Emergency coordinator. At all times, there must be at least one 
employee either on the facility premises or on call (i.e., available to 
respond to an emergency by reaching the facility within a short period 
of time) with the responsibility for coordinating all emergency response 
measures. This emergency coordinator must be thoroughly familiar with 
all aspects of the facility's contingency plan, all operations and 
activities at the facility, the location and characteristics of waste 
handled, the location of all records within the facility, and the 
facility layout. In addition, this person must have the authority to 
commit the resources needed to carry out the contingency plan. The 
emergency coordinator's responsibilities are more fully

[[Page 159]]

spelled out in paragraph (f). Applicable responsibilities for the 
emergency coordinator vary, depending on factors such as type and 
variety of hazardous secondary material(s) handled by the facility, and 
type and complexity of the facility.
    (f) Emergency procedures. (1) Whenever there is an imminent or 
actual emergency situation, the emergency coordinator (or his designee 
when the emergency coordinator is on call) must immediately:
    (i) Activate internal facility alarms or communication systems, 
where applicable, to notify all facility personnel; and
    (ii) Notify appropriate State or local agencies with designated 
response roles if their help is needed.
    (2) Whenever there is a release, fire, or explosion, the emergency 
coordinator must immediately identify the character, exact source, 
amount, and areal extent of any released materials. He may do this by 
observation or review of facility records or manifests and, if 
necessary, by chemical analysis.
    (3) Concurrently, the emergency coordinator must assess possible 
hazards to human health or the environment that may result from the 
release, fire, or explosion. This assessment must consider both direct 
and indirect effects of the release, fire, or explosion (e.g., the 
effects of any toxic, irritating, or asphyxiating gases that are 
generated, or the effects of any hazardous surface water run-offs from 
water or chemical agents used to control fire and heat-induced 
explosions).
    (4) If the emergency coordinator determines that the facility has 
had a release, fire, or explosion which could threaten human health, or 
the environment, outside the facility, he must report his findings as 
follows:
    (i) If his assessment indicates that evacuation of local areas may 
be advisable, he must immediately notify appropriate local authorities. 
He must be available to help appropriate officials decide whether local 
areas should be evacuated; and
    (ii) He must immediately notify either the government official 
designated as the on-scene coordinator for that geographical area, or 
the National Response Center (using their 24-hour toll free number 800/
424-8802). The report must include:
    (A) Name and telephone number of reporter;
    (B) Name and address of facility;
    (C) Time and type of incident (e.g., release, fire);
    (D) Name and quantity of material(s) involved, to the extent known;
    (E) The extent of injuries, if any; and
    (F) The possible hazards to human health, or the environment, 
outside the facility.
    (5) During an emergency, the emergency coordinator must take all 
reasonable measures necessary to ensure that fires, explosions, and 
releases do not occur, recur, or spread to other hazardous secondary 
material at the facility. These measures must include, where applicable, 
stopping processes and operations, collecting and containing released 
material, and removing or isolating containers.
    (6) If the facility stops operations in response to a fire, 
explosion or release, the emergency coordinator must monitor for leaks, 
pressure buildup, gas generation, or ruptures in valves, pipes, or other 
equipment, wherever this is appropriate.
    (7) Immediately after an emergency, the emergency coordinator must 
provide for treating, storing, or disposing of recovered secondary 
material, contaminated soil or surface water, or any other material that 
results from a release, fire, or explosion at the facility. Unless the 
hazardous secondary material generator can demonstrate, in accordance 
with Sec. 261.3(c) or (d) of this chapter, that the recovered material 
is not a hazardous waste, the owner or operator becomes a generator of 
hazardous waste and must manage it in accordance with all applicable 
requirements of parts 262, 263, and 265 of this chapter.
    (8) The emergency coordinator must ensure that, in the affected 
area(s) of the facility:
    (i) No secondary material that may be incompatible with the released 
material is treated, stored, or disposed of until cleanup procedures are 
completed; and
    (ii) All emergency equipment listed in the contingency plan is 
cleaned and

[[Page 160]]

fit for its intended use before operations are resumed.
    (9) The hazardous secondary material generator must note in the 
operating record the time, date, and details of any incident that 
requires implementing the contingency plan. Within 15 days after the 
incident, he must submit a written report on the incident to the 
Regional Administrator. The report must include:
    (i) Name, address, and telephone number of the hazardous secondary 
material generator;
    (ii) Name, address, and telephone number of the facility;
    (iii) Date, time, and type of incident (e.g., fire, explosion);
    (iv) Name and quantity of material(s) involved;
    (v) The extent of injuries, if any;
    (vi) An assessment of actual or potential hazards to human health or 
the environment, where this is applicable; and
    (vii) Estimated quantity and disposition of recovered material that 
resulted from the incident.
    (g) Personnel training. All employees must be thoroughly familiar 
with proper waste handling and emergency procedures relevant to their 
responsibilities during normal facility operations and emergencies.

[80 FR 1777, Jan. 13, 2015, as amended at 81 FR 85806, Nov. 28, 2016]

Subparts N-Z [Reserved]



           Subpart AA_Air Emission Standards for Process Vents

    Source: 80 FR 1777, Jan. 13, 2015, unless otherwise noted.



Sec. 261.1030  Applicability.

    The regulations in this subpart apply to process vents associated 
with distillation, fractionation, thin-film evaporation, solvent 
extraction, or air or stream stripping operations that manage hazardous 
secondary materials excluded under the remanufacturing exclusion at 
Sec. 261.4(a)(27) with concentrations of at least 10 ppmw, unless the 
process vents are equipped with operating air emission controls in 
accordance with the requirements of an applicable Clean Air Act 
regulation codified under 40 CFR part 60, part 61, or part 63.



Sec. 261.1031  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Resource Conservation and Recovery Act and 
parts 260-266.
    Air stripping operation is a desorption operation employed to 
transfer one or more volatile components from a liquid mixture into a 
gas (air) either with or without the application of heat to the liquid. 
Packed towers, spray towers, and bubble-cap, sieve, or valve-type plate 
towers are among the process configurations used for contacting the air 
and a liquid.
    Bottoms receiver means a container or tank used to receive and 
collect the heavier bottoms fractions of the distillation feed stream 
that remain in the liquid phase.
    Closed-vent system means a system that is not open to the atmosphere 
and that is composed of piping, connections, and, if necessary, flow-
inducing devices that transport gas or vapor from a piece or pieces of 
equipment to a control device.
    Condenser means a heat-transfer device that reduces a thermodynamic 
fluid from its vapor phase to its liquid phase.
    Connector means flanged, screwed, welded, or other joined fittings 
used to connect two pipelines or a pipeline and a piece of equipment. 
For the purposes of reporting and recordkeeping, connector means flanged 
fittings that are not covered by insulation or other materials that 
prevent location of the fittings.
    Continuous recorder means a data-recording device recording an 
instantaneous data value at least once every 15 minutes.
    Control device means an enclosed combustion device, vapor recovery 
system, or flare. Any device the primary function of which is the 
recovery or capture of solvents or other organics for use, reuse, or 
sale (e.g., a primary condenser on a solvent recovery unit) is not a 
control device.

[[Page 161]]

    Control device shutdown means the cessation of operation of a 
control device for any purpose.
    Distillate receiver means a container or tank used to receive and 
collect liquid material (condensed) from the overhead condenser of a 
distillation unit and from which the condensed liquid is pumped to 
larger storage tanks or other process units.
    Distillation operation means an operation, either batch or 
continuous, separating one or more feed stream(s) into two or more exit 
streams, each exit stream having component concentrations different from 
those in the feed stream(s). The separation is achieved by the 
redistribution of the components between the liquid and vapor phase as 
they approach equilibrium within the distillation unit.
    Double block and bleed system means two block valves connected in 
series with a bleed valve or line that can vent the line between the two 
block valves.
    Equipment means each valve, pump, compressor, pressure relief 
device, sampling connection system, open-ended valve or line, or flange 
or other connector, and any control devices or systems required by this 
subpart.
    Flame zone means the portion of the combustion chamber in a boiler 
occupied by the flame envelope.
    Flow indicator means a device that indicates whether gas flow is 
present in a vent stream.
    First attempt at repair means to take rapid action for the purpose 
of stopping or reducing leakage of organic material to the atmosphere 
using best practices.
    Fractionation operation means a distillation operation or method 
used to separate a mixture of several volatile components of different 
boiling points in successive stages, each stage removing from the 
mixture some proportion of one of the components.
    Hazardous secondary material management unit shutdown means a work 
practice or operational procedure that stops operation of a hazardous 
secondary material management unit or part of a hazardous secondary 
material management unit. An unscheduled work practice or operational 
procedure that stops operation of a hazardous secondary material 
management unit or part of a hazardous secondary material management 
unit for less than 24 hours is not a hazardous secondary material 
management unit shutdown. The use of spare equipment and technically 
feasible bypassing of equipment without stopping operation are not 
hazardous secondary material management unit shutdowns.
    Hot well means a container for collecting condensate as in a steam 
condenser serving a vacuum-jet or steam-jet ejector.
    In gas/vapor service means that the piece of equipment contains or 
contacts a hazardous secondary material stream that is in the gaseous 
state at operating conditions.
    In heavy liquid service means that the piece of equipment is not in 
gas/vapor service or in light liquid service.
    In light liquid service means that the piece of equipment contains 
or contacts a material stream where the vapor pressure of one or more of 
the organic components in the stream is greater than 0.3 kilopascals 
(kPa) at 20  deg.C, the total concentration of the pure organic 
components having a vapor pressure greater than 0.3 kilopascals (kPa) at 
20  deg.C is equal to or greater than 20 percent by weight, and the 
fluid is a liquid at operating conditions.
    In situ sampling systems means nonextractive samplers or in-line 
samplers.
    In vacuum service means that equipment is operating at an internal 
pressure that is at least 5 kPa below ambient pressure.
    Malfunction means any sudden failure of a control device or a 
hazardous secondary material management unit or failure of a hazardous 
secondary material management unit to operate in a normal or usual 
manner, so that organic emissions are increased.
    Open-ended valve or line means any valve, except pressure relief 
valves, having one side of the valve seat in contact with hazardous 
secondary material and one side open to the atmosphere, either directly 
or through open piping.
    Pressure release means the emission of materials resulting from the 
system pressure being greater than the set pressure of the pressure 
relief device.

[[Page 162]]

    Process heater means a device that transfers heat liberated by 
burning fuel to fluids contained in tubes, including all fluids except 
water that are heated to produce steam.
    Process vent means any open-ended pipe or stack that is vented to 
the atmosphere either directly, through a vacuum-producing system, or 
through a tank (e.g., distillate receiver, condenser, bottoms receiver, 
surge control tank, separator tank, or hot well) associated with 
hazardous secondary material distillation, fractionation, thin-film 
evaporation, solvent extraction, or air or steam stripping operations.
    Repaired means that equipment is adjusted, or otherwise altered, to 
eliminate a leak.
    Sampling connection system means an assembly of equipment within a 
process or material management unit used during periods of 
representative operation to take samples of the process or material 
fluid. Equipment used to take non-routine grab samples is not considered 
a sampling connection system.
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity, such as temperature, pressure, flow rate, 
pH, or liquid level.
    Separator tank means a device used for separation of two immiscible 
liquids.
    Solvent extraction operation means an operation or method of 
separation in which a solid or solution is contacted with a liquid 
solvent (the two being mutually insoluble) to preferentially dissolve 
and transfer one or more components into the solvent.
    Startup means the setting in operation of a hazardous secondary 
material management unit or control device for any purpose.
    Steam stripping operation means a distillation operation in which 
vaporization of the volatile constituents of a liquid mixture takes 
place by the introduction of steam directly into the charge.
    Surge control tank means a large-sized pipe or storage reservoir 
sufficient to contain the surging liquid discharge of the process tank 
to which it is connected.
    Thin-film evaporation operation means a distillation operation that 
employs a heating surface consisting of a large diameter tube that may 
be either straight or tapered, horizontal or vertical. Liquid is spread 
on the tube wall by a rotating assembly of blades that maintain a close 
clearance from the wall or actually ride on the film of liquid on the 
wall.
    Vapor incinerator means any enclosed combustion device that is used 
for destroying organic compounds and does not extract energy in the form 
of steam or process heat.
    Vented means discharged through an opening, typically an open-ended 
pipe or stack, allowing the passage of a stream of liquids, gases, or 
fumes into the atmosphere. The passage of liquids, gases, or fumes is 
caused by mechanical means such as compressors or vacuum-producing 
systems or by process-related means such as evaporation produced by 
heating and not caused by tank loading and unloading (working losses) or 
by natural means such as diurnal temperature changes.



Sec. 261.1032  Standards: Process vents.

    (a) The remanufacturer or other person that stores or treats 
hazardous secondary materials in hazardous secondary material management 
units with process vents associated with distillation, fractionation, 
thin-film evaporation, solvent extraction, or air or steam stripping 
operations managing hazardous secondary material with organic 
concentrations of at least 10 ppmw shall either:
    (1) Reduce total organic emissions from all affected process vents 
at the facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr (3.1 tons/yr), or
    (2) Reduce, by use of a control device, total organic emissions from 
all affected process vents at the facility by 95 weight percent.
    (b) If the remanufacturer or other person that stores or treats the 
hazardous secondary material installs a closed-vent system and control 
device to comply with the provisions of paragraph (a) of this section 
the closed-vent system and control device must meet the requirements of 
Sec. 261.1033.
    (c) Determinations of vent emissions and emission reductions or 
total organic compound concentrations achieved by add-on control devices

[[Page 163]]

may be based on engineering calculations or performance tests. If 
performance tests are used to determine vent emissions, emission 
reductions, or total organic compound concentrations achieved by add-on 
control devices, the performance tests must conform with the 
requirements of Sec. 261.1034(c).
    (d) When a remanufacturer or other person that stores or treats the 
hazardous secondary material and the Regional Administrator do not agree 
on determinations of vent emissions and/or emission reductions or total 
organic compound concentrations achieved by add-on control devices based 
on engineering calculations, the procedures in Sec. 261.1034(c) shall be 
used to resolve the disagreement.



Sec. 261.1033  Standards: Closed-vent systems and control devices.

    (a)(1) The remanufacturer or other person that stores or treats the 
hazardous secondary materials in hazardous secondary material management 
units using closed-vent systems and control devices used to comply with 
provisions of this part shall comply with the provisions of this 
section.
    (2) [Reserved]
    (b) A control device involving vapor recovery (e.g., a condenser or 
adsorber) shall be designed and operated to recover the organic vapors 
vented to it with an efficiency of 95 weight percent or greater unless 
the total organic emission limits of Sec. 261.1032(a)(1) for all 
affected process vents can be attained at an efficiency less than 95 
weight percent.
    (c) An enclosed combustion device (e.g., a vapor incinerator, 
boiler, or process heater) shall be designed and operated to reduce the 
organic emissions vented to it by 95 weight percent or greater; to 
achieve a total organic compound concentration of 20 ppmv, expressed as 
the sum of the actual compounds, not carbon equivalents, on a dry basis 
corrected to 3 percent oxygen; or to provide a minimum residence time of 
0.50 seconds at a minimum temperature of 760  deg.C. If a boiler or 
process heater is used as the control device, then the vent stream shall 
be introduced into the flame zone of the boiler or process heater.
    (d)(1) A flare shall be designed for and operated with no visible 
emissions as determined by the methods specified in paragraph (e)(1) of 
this section, except for periods not to exceed a total of 5 minutes 
during any 2 consecutive hours.
    (2) A flare shall be operated with a flame present at all times, as 
determined by the methods specified in paragraph (f)(2)(iii) of this 
section.
    (3) A flare shall be used only if the net heating value of the gas 
being combusted is 11.2 MJ/scm (300 Btu/scf) or greater if the flare is 
steam-assisted or air-assisted; or if the net heating value of the gas 
being combusted is 7.45 MJ/scm (200 Btu/scf) or greater if the flare is 
nonassisted. The net heating value of the gas being combusted shall be 
determined by the methods specified in paragraph (e)(2) of this section.
    (4)(i) A steam-assisted or nonassisted flare shall be designed for 
and operated with an exit velocity, as determined by the methods 
specified in paragraph (e)(3) of this section, less than 18.3 m/s (60 
ft/s), except as provided in paragraphs (d)(4)(ii) and (iii) of this 
section.
    (ii) A steam-assisted or nonassisted flare designed for and operated 
with an exit velocity, as determined by the methods specified in 
paragraph (e)(3) of this section, equal to or greater than 18.3 m/s (60 
ft/s) but less than 122 m/s (400 ft/s) is allowed if the net heating 
value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/
scf).
    (iii) A steam-assisted or nonassisted flare designed for and 
operated with an exit velocity, as determined by the methods specified 
in paragraph (e)(3) of this section, less than the velocity, 
Vmax, as determined by the method specified in paragraph 
(e)(4) of this section and less than 122 m/s (400 ft/s) is allowed.
    (5) An air-assisted flare shall be designed and operated with an 
exit velocity less than the velocity, Vmax, as determined by 
the method specified in paragraph (e)(5) of this section.
    (6) A flare used to comply with this section shall be steam-
assisted, air-assisted, or nonassisted.
    (e)(1) Reference Method 22 in 40 CFR part 60 shall be used to 
determine the compliance of a flare with the visible emission provisions 
of this subpart.

[[Page 164]]

The observation period is 2 hours and shall be used according to Method 
22.
    (2) The net heating value of the gas being combusted in a flare 
shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JA15.000

Where:

HT = Net heating value of the sample, MJ/scm; where the net 
          enthalpy per mole of offgas is based on combustion at 25 
          deg.C and 760 mm Hg, but the standard temperature for 
          determining the volume corresponding to 1 mol is 20  deg.C;
K = Constant, 1.74  x  10-7 (1/ppm) (g mol/scm) (MJ/kcal) 
          where standard temperature for (g mol/scm) is 20  deg.C;
Ci = Concentration of sample component i in ppm on a wet 
          basis, as measured for organics by Reference Method 18 in 40 
          CFR part 60 and measured for hydrogen and carbon monoxide by 
          ASTM D 1946-82 (incorporated by reference as specified in 
          Sec. 260.11); and
Hi = Net heat of combustion of sample component i, kcal/9 mol 
          at 25  deg.C and 760 mm Hg. The heats of combustion may be 
          determined using ASTM D 2382-83 (incorporated by reference as 
          specified in Sec. 260.11) if published values are not 
          available or cannot be calculated.

    (3) The actual exit velocity of a flare shall be determined by 
dividing the volumetric flow rate (in units of standard temperature and 
pressure), as determined by Reference Methods 2, 2A, 2C, or 2D in 40 CFR 
part 60 as appropriate, by the unobstructed (free) cross-sectional area 
of the flare tip.
    (4) The maximum allowed velocity in m/s, Vmax, for a 
flare complying with paragraph (d)(4)(iii) of this section shall be 
determined by the following equation:

Log10(Vmax) = (HT + 28.8)/31.7

Where:

28.8 = Constant,
31.7 = Constant,
HT = The net heating value as determined in paragraph (e)(2) 
          of this section.

    (5) The maximum allowed velocity in m/s, Vmax, for an 
air-assisted flare shall be determined by the following equation:

Vmax = 8.706 + 0.7084 (HT)

Where:

8.706 = Constant,
0.7084 = Constant,
HT = The net heating value as determined in paragraph (e)(2) 
          of this section.

    (f) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall monitor and inspect each control 
device required to comply with this section to ensure proper operation 
and maintenance of the control device by implementing the following 
requirements:
    (1) Install, calibrate, maintain, and operate according to the 
manufacturer's specifications a flow indicator that provides a record of 
vent stream flow from each affected process vent to the control device 
at least once every hour. The flow indicator sensor shall be installed 
in the vent stream at the nearest feasible point to the control device 
inlet but before the point at which the vent streams are combined.
    (2) Install, calibrate, maintain, and operate according to the 
manufacturer's specifications a device to continuously monitor control 
device operation as specified below:
    (i) For a thermal vapor incinerator, a temperature monitoring device 
equipped with a continuous recorder. The device shall have an accuracy 
of [1 percent of the temperature being monitored in  deg.C or [0.5 
deg.C, whichever is greater. The temperature sensor shall be installed 
at a location in the combustion chamber downstream of the combustion 
zone.
    (ii) For a catalytic vapor incinerator, a temperature monitoring 
device equipped with a continuous recorder. The device shall be capable 
of monitoring temperature at two locations and have an accuracy of [1 
percent of the temperature being monitored in  deg.C or [0.5  deg.C, 
whichever is greater. One temperature sensor shall be installed

[[Page 165]]

in the vent stream at the nearest feasible point to the catalyst bed 
inlet and a second temperature sensor shall be installed in the vent 
stream at the nearest feasible point to the catalyst bed outlet.
    (iii) For a flare, a heat sensing monitoring device equipped with a 
continuous recorder that indicates the continuous ignition of the pilot 
flame.
    (iv) For a boiler or process heater having a design heat input 
capacity less than 44 MW, a temperature monitoring device equipped with 
a continuous recorder. The device shall have an accuracy of [1 percent 
of the temperature being monitored in  deg.C or [0.5  deg.C, whichever 
is greater. The temperature sensor shall be installed at a location in 
the furnace downstream of the combustion zone.
    (v) For a boiler or process heater having a design heat input 
capacity greater than or equal to 44 MW, a monitoring device equipped 
with a continuous recorder to measure a parameter(s) that indicates good 
combustion operating practices are being used.
    (vi) For a condenser, either:
    (A) A monitoring device equipped with a continuous recorder to 
measure the concentration level of the organic compounds in the exhaust 
vent stream from the condenser, or
    (B) A temperature monitoring device equipped with a continuous 
recorder. The device shall be capable of monitoring temperature with an 
accuracy of [1 percent of the temperature being monitored in degrees 
Celsius (  deg.C) or [0.5  deg.C, whichever is greater. The temperature 
sensor shall be installed at a location in the exhaust vent stream from 
the condenser exit (i.e., product side).
    (vii) For a carbon adsorption system that regenerates the carbon bed 
directly in the control device such as a fixed-bed carbon adsorber, 
either:
    (A) A monitoring device equipped with a continuous recorder to 
measure the concentration level of the organic compounds in the exhaust 
vent stream from the carbon bed, or
    (B) A monitoring device equipped with a continuous recorder to 
measure a parameter that indicates the carbon bed is regenerated on a 
regular, predetermined time cycle.
    (3) Inspect the readings from each monitoring device required by 
paragraphs (f)(1) and (2) of this section at least once each operating 
day to check control device operation and, if necessary, immediately 
implement the corrective measures necessary to ensure the control device 
operates in compliance with the requirements of this section.
    (g) A remanufacturer or other person that stores or treats hazardous 
secondary material in a hazardous secondary material management unit 
using a carbon adsorption system such as a fixed-bed carbon adsorber 
that regenerates the carbon bed directly onsite in the control device 
shall replace the existing carbon in the control device with fresh 
carbon at a regular, predetermined time interval that is no longer than 
the carbon service life established as a requirement of 
Sec. 261.1035(b)(4)(iii)(F).
    (h) A remanufacturer or other person that stores or treats hazardous 
secondary material in a hazardous secondary material management unit 
using a carbon adsorption system such as a carbon canister that does not 
regenerate the carbon bed directly onsite in the control device shall 
replace the existing carbon in the control device with fresh carbon on a 
regular basis by using one of the following procedures:
    (1) Monitor the concentration level of the organic compounds in the 
exhaust vent stream from the carbon adsorption system on a regular 
schedule, and replace the existing carbon with fresh carbon immediately 
when carbon breakthrough is indicated. The monitoring frequency shall be 
daily or at an interval no greater than 20 percent of the time required 
to consume the total carbon working capacity established as a 
requirement of Sec. 261.1035(b)(4)(iii)(G), whichever is longer.
    (2) Replace the existing carbon with fresh carbon at a regular, 
predetermined time interval that is less than the design carbon 
replacement interval established as a requirement of 
Sec. 261.1035(b)(4)(iii)(G).
    (i) An alternative operational or process parameter may be monitored 
if it can be demonstrated that another parameter will ensure that the 
control device is operated in conformance with

[[Page 166]]

these standards and the control device's design specifications.
    (j) A remanufacturer or other person that stores or treats hazardous 
secondary material at an affected facility seeking to comply with the 
provisions of this part by using a control device other than a thermal 
vapor incinerator, catalytic vapor incinerator, flare, boiler, process 
heater, condenser, or carbon adsorption system is required to develop 
documentation including sufficient information to describe the control 
device operation and identify the process parameter or parameters that 
indicate proper operation and maintenance of the control device.
    (k) A closed-vent system shall meet either of the following design 
requirements:
    (1) A closed-vent system shall be designed to operate with no 
detectable emissions, as indicated by an instrument reading of less than 
500 ppmv above background as determined by the procedure in 
Sec. 261.1034(b) of this subpart, and by visual inspections; or
    (2) A closed-vent system shall be designed to operate at a pressure 
below atmospheric pressure. The system shall be equipped with at least 
one pressure gauge or other pressure measurement device that can be read 
from a readily accessible location to verify that negative pressure is 
being maintained in the closed-vent system when the control device is 
operating.
    (l) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall monitor and inspect each closed-vent 
system required to comply with this section to ensure proper operation 
and maintenance of the closed-vent system by implementing the following 
requirements:
    (1) Each closed-vent system that is used to comply with paragraph 
(k)(1) of this section shall be inspected and monitored in accordance 
with the following requirements:
    (i) An initial leak detection monitoring of the closed-vent system 
shall be conducted by the remanufacturer or other person that stores or 
treats the hazardous secondary material on or before the date that the 
system becomes subject to this section. The remanufacturer or other 
person that stores or treats the hazardous secondary material shall 
monitor the closed-vent system components and connections using the 
procedures specified in Sec. 261.1034(b) of this subpart to demonstrate 
that the closed-vent system operates with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppmv above 
background.
    (ii) After initial leak detection monitoring required in paragraph 
(l)(1)(i) of this section, the remanufacturer or other person that 
stores or treats the hazardous secondary material shall inspect and 
monitor the closed-vent system as follows:
    (A) Closed-vent system joints, seams, or other connections that are 
permanently or semi-permanently sealed (e.g., a welded joint between two 
sections of hard piping or a bolted and gasketed ducting flange) shall 
be visually inspected at least once per year to check for defects that 
could result in air pollutant emissions. The remanufacturer or other 
person that stores or treats the hazardous secondary material shall 
monitor a component or connection using the procedures specified in 
Sec. 261.1034(b) of this subpart to demonstrate that it operates with no 
detectable emissions following any time the component is repaired or 
replaced (e.g., a section of damaged hard piping is replaced with new 
hard piping) or the connection is unsealed (e.g., a flange is unbolted).
    (B) Closed-vent system components or connections other than those 
specified in paragraph (l)(1)(ii)(A) of this section shall be monitored 
annually and at other times as requested by the Regional Administrator, 
except as provided for in paragraph (o) of this section, using the 
procedures specified in Sec. 261.1034(b) of this subpart to demonstrate 
that the components or connections operate with no detectable emissions.
    (iii) In the event that a defect or leak is detected, the 
remanufacturer or other person that stores or treats the hazardous 
secondary material shall repair the defect or leak in accordance with 
the requirements of paragraph (l)(3) of this section.
    (iv) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall maintain a

[[Page 167]]

record of the inspection and monitoring in accordance with the 
requirements specified in Sec. 261.1035 of this subpart.
    (2) Each closed-vent system that is used to comply with paragraph 
(k)(2) of this section shall be inspected and monitored in accordance 
with the following requirements:
    (i) The closed-vent system shall be visually inspected by the 
remanufacturer or other person that stores or treats the hazardous 
secondary material to check for defects that could result in air 
pollutant emissions. Defects include, but are not limited to, visible 
cracks, holes, or gaps in ductwork or piping or loose connections.
    (ii) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall perform an initial inspection of the 
closed-vent system on or before the date that the system becomes subject 
to this section. Thereafter, the remanufacturer or other person that 
stores or treats the hazardous secondary material shall perform the 
inspections at least once every year.
    (iii) In the event that a defect or leak is detected, the 
remanufacturer or other person that stores or treats the hazardous 
secondary material shall repair the defect in accordance with the 
requirements of paragraph (l)(3) of this section.
    (iv) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall maintain a record of the inspection 
and monitoring in accordance with the requirements specified in 
Sec. 261.1035 of this subpart.
    (3) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall repair all detected defects as 
follows:
    (i) Detectable emissions, as indicated by visual inspection, or by 
an instrument reading greater than 500 ppmv above background, shall be 
controlled as soon as practicable, but not later than 15 calendar days 
after the emission is detected, except as provided for in paragraph 
(l)(3)(iii) of this section.
    (ii) A first attempt at repair shall be made no later than 5 
calendar days after the emission is detected.
    (iii) Delay of repair of a closed-vent system for which leaks have 
been detected is allowed if the repair is technically infeasible without 
a process unit shutdown, or if the remanufacturer or other person that 
stores or treats the hazardous secondary material determines that 
emissions resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair. Repair of such 
equipment shall be completed by the end of the next process unit 
shutdown.
    (iv) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall maintain a record of the defect 
repair in accordance with the requirements specified in Sec. 261.1035 of 
this subpart.
    (m) Closed-vent systems and control devices used to comply with 
provisions of this subpart shall be operated at all times when emissions 
may be vented to them.
    (n) The owner or operator using a carbon adsorption system to 
control air pollutant emissions shall document that all carbon that is a 
hazardous waste and that is removed from the control device is managed 
in one of the following manners, regardless of the average volatile 
organic concentration of the carbon:
    (1) Regenerated or reactivated in a thermal treatment unit that 
meets one of the following:
    (i) The owner or operator of the unit has been issued a final permit 
under 40 CFR part 270 which implements the requirements of subpart X of 
this part; or
    (ii) The unit is equipped with and operating air emission controls 
in accordance with the applicable requirements of subparts AA and CC of 
either this part or of 40 CFR part 265; or
    (iii) The unit is equipped with and operating air emission controls 
in accordance with a national emission standard for hazardous air 
pollutants under 40 CFR part 61 or 40 CFR part 63.
    (2) Incinerated in a hazardous waste incinerator for which the owner 
or operator either:
    (i) Has been issued a final permit under 40 CFR part 270 which 
implements the requirements of subpart O of this part; or

[[Page 168]]

    (ii) Has designed and operates the incinerator in accordance with 
the interim status requirements of 40 CFR part 265, subpart O.
    (3) Burned in a boiler or industrial furnace for which the owner or 
operator either:
    (i) Has been issued a final permit under 40 CFR part 270 which 
implements the requirements of 40 CFR part 266, subpart H; or
    (ii) Has designed and operates the boiler or industrial furnace in 
accordance with the interim status requirements of 40 CFR part 266, 
subpart H.
    (o) Any components of a closed-vent system that are designated, as 
described in Sec. 261.1035(c)(9) of this subpart, as unsafe to monitor 
are exempt from the requirements of paragraph (l)(1)(ii)(B) of this 
section if:
    (1) The remanufacturer or other person that stores or treats the 
hazardous secondary material in a hazardous secondary material 
management unit using a closed-vent system determines that the 
components of the closed-vent system are unsafe to monitor because 
monitoring personnel would be exposed to an immediate danger as a 
consequence of complying with paragraph (l)(1)(ii)(B) of this section; 
and
    (2) The remanufacturer or other person that stores or treats the 
hazardous secondary material in a hazardous secondary material 
management unit using a closed-vent system adheres to a written plan 
that requires monitoring the closed-vent system components using the 
procedure specified in paragraph (l)(1)(ii)(B) of this section as 
frequently as practicable during safe-to-monitor times.



Sec. 261.1034  Test methods and procedures.

    (a) Each remanufacturer or other person that stores or treats the 
hazardous secondary material subject to the provisions of this subpart 
shall comply with the test methods and procedural requirements provided 
in this section.
    (b) When a closed-vent system is tested for compliance with no 
detectable emissions, as required in Sec. 261.1033(l) of this subpart, 
the test shall comply with the following requirements:
    (1) Monitoring shall comply with Reference Method 21 in 40 CFR part 
60.
    (2) The detection instrument shall meet the performance criteria of 
Reference Method 21.
    (3) The instrument shall be calibrated before use on each day of its 
use by the procedures specified in Reference Method 21.
    (4) Calibration gases shall be:
    (i) Zero air (less than 10 ppm of hydrocarbon in air).
    (ii) A mixture of methane or n-hexane and air at a concentration of 
approximately, but less than, 10,000 ppm methane or n-hexane.
    (5) The background level shall be determined as set forth in 
Reference Method 21.
    (6) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Reference Method 21.
    (7) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level is compared with 
500 ppm for determining compliance.
    (c) Performance tests to determine compliance with Sec. 261.1032(a) 
and with the total organic compound concentration limit of 
Sec. 261.1033(c) shall comply with the following:
    (1) Performance tests to determine total organic compound 
concentrations and mass flow rates entering and exiting control devices 
shall be conducted and data reduced in accordance with the following 
reference methods and calculation procedures:
    (i) Method 2 in 40 CFR part 60 for velocity and volumetric flow 
rate.
    (ii) Method 18 or Method 25A in 40 CFR part 60, appendix A, for 
organic content. If Method 25A is used, the organic HAP used as the 
calibration gas must be the single organic HAP representing the largest 
percent by volume of the emissions. The use of Method 25A is acceptable 
if the response from the high-level calibration gas is at least 20 times 
the standard deviation of the response from the zero calibration gas 
when the instrument is zeroed on the most sensitive scale.
    (iii) Each performance test shall consist of three separate runs; 
each run conducted for at least 1 hour under the

[[Page 169]]

conditions that exist when the hazardous secondary material management 
unit is operating at the highest load or capacity level reasonably 
expected to occur. For the purpose of determining total organic compound 
concentrations and mass flow rates, the average of results of all runs 
shall apply. The average shall be computed on a time-weighted basis.
    (iv) Total organic mass flow rates shall be determined by the 
following equation:
    (A) For sources utilizing Method 18.
    [GRAPHIC] [TIFF OMITTED] TR13JA15.001
    
Where:

Eh= Total organic mass flow rate, kg/h;
Q2sd= Volumetric flow rate of gases entering or exiting 
          control device, as determined by Method 2, dscm/h;
n = Number of organic compounds in the vent gas;
Ci= Organic concentration in ppm, dry basis, of compound i in 
          the vent gas, as determined by Method 18;
MWi= Molecular weight of organic compound i in the vent gas, 
          kg/kg-mol;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@293 K and 760 
          mm Hg);
10-\6\ = Conversion from ppm

    (B) For sources utilizing Method 25A.

Eh= (Q)(C)(MW)(0.0416)(10-\6\)

Where:

Eh= Total organic mass flow rate, kg/h;
Q = Volumetric flow rate of gases entering or exiting control device, as 
          determined by Method 2, dscm/h;
C = Organic concentration in ppm, dry basis, as determined by Method 
          25A;
MW = Molecular weight of propane, 44;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@293 K and 760 
          mm Hg);
10-\6\ = Conversion from ppm.

    (v) The annual total organic emission rate shall be determined by 
the following equation:

EA = (Eh)(H)

Where:

EA = Total organic mass emission rate, kg/y;
Eh = Total organic mass flow rate for the process vent, kg/h;
H = Total annual hours of operations for the affected unit, h.

    (vi) Total organic emissions from all affected process vents at the 
facility shall be determined by summing the hourly total organic mass 
emission rates (Eh, as determined in paragraph (c)(1)(iv) of 
this section) and by summing the annual total organic mass emission 
rates (EA, as determined in paragraph (c)(1)(v) of this 
section) for all affected process vents at the facility.
    (2) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall record such process information as 
may be necessary to determine the conditions of the performance tests. 
Operations during periods of startup, shutdown, and malfunction shall 
not constitute representative conditions for the purpose of a 
performance test.
    (3) The remanufacturer or other person that stores or treats the 
hazardous secondary material at an affected facility shall provide, or 
cause to be provided, performance testing facilities as follows:
    (i) Sampling ports adequate for the test methods specified in 
paragraph (c)(1) of this section.
    (ii) Safe sampling platform(s).
    (iii) Safe access to sampling platform(s).
    (iv) Utilities for sampling and testing equipment.
    (4) For the purpose of making compliance determinations, the time-
weighted average of the results of the three runs shall apply. In the 
event that a sample is accidentally lost or conditions occur in which 
one of the three runs must be discontinued because of forced shutdown, 
failure of an irreplaceable portion of the sample train, extreme 
meteorological conditions, or other circumstances beyond the 
remanufacturer's or other person's that stores or treats the hazardous 
secondary material control, compliance

[[Page 170]]

may, upon the Regional Administrator's approval, be determined using the 
average of the results of the two other runs.
    (d) To show that a process vent associated with a hazardous 
secondary material distillation, fractionation, thin-film evaporation, 
solvent extraction, or air or steam stripping operation is not subject 
to the requirements of this subpart, the remanufacturer or other person 
that stores or treats the hazardous secondary material must make an 
initial determination that the time-weighted, annual average total 
organic concentration of the material managed by the hazardous secondary 
material management unit is less than 10 ppmw using one of the following 
two methods:
    (1) Direct measurement of the organic concentration of the material 
using the following procedures:
    (i) The remanufacturer or other person that stores or treats the 
hazardous secondary material must take a minimum of four grab samples of 
material for each material stream managed in the affected unit under 
process conditions expected to cause the maximum material organic 
concentration.
    (ii) For material generated onsite, the grab samples must be 
collected at a point before the material is exposed to the atmosphere 
such as in an enclosed pipe or other closed system that is used to 
transfer the material after generation to the first affected 
distillation, fractionation, thin-film evaporation, solvent extraction, 
or air or steam stripping operation. For material generated offsite, the 
grab samples must be collected at the inlet to the first material 
management unit that receives the material provided the material has 
been transferred to the facility in a closed system such as a tank truck 
and the material is not diluted or mixed with other material.
    (iii) Each sample shall be analyzed and the total organic 
concentration of the sample shall be computed using Method 9060A 
(incorporated by reference under 40 CFR 260.11) of ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, or analyzed for its individual organic constituents.
    (iv) The arithmetic mean of the results of the analyses of the four 
samples shall apply for each material stream managed in the unit in 
determining the time-weighted, annual average total organic 
concentration of the material. The time-weighted average is to be 
calculated using the annual quantity of each material stream processed 
and the mean organic concentration of each material stream managed in 
the unit.
    (2) Using knowledge of the material to determine that its total 
organic concentration is less than 10 ppmw. Documentation of the 
material determination is required. Examples of documentation that shall 
be used to support a determination under this provision include 
production process information documenting that no organic compounds are 
used, information that the material is generated by a process that is 
identical to a process at the same or another facility that has 
previously been demonstrated by direct measurement to generate a 
material stream having a total organic content less than 10 ppmw, or 
prior speciation analysis results on the same material stream where it 
can also be documented that no process changes have occurred since that 
analysis that could affect the material total organic concentration.
    (e) The determination that distillation, fractionation, thin-film 
evaporation, solvent extraction, or air or steam stripping operations 
manage hazardous secondary materials with time-weighted, annual average 
total organic concentrations less than 10 ppmw shall be made as follows:
    (1) By the effective date that the facility becomes subject to the 
provisions of this subpart or by the date when the material is first 
managed in a hazardous secondary material management unit, whichever is 
later, and
    (2) For continuously generated material, annually, or
    (3) Whenever there is a change in the material being managed or a 
change in the process that generates or treats the material.
    (f) When a remanufacturer or other person that stores or treats the 
hazardous secondary material and the Regional Administrator do not agree 
on

[[Page 171]]

whether a distillation, fractionation, thin-film evaporation, solvent 
extraction, or air or steam stripping operation manages a hazardous 
secondary material with organic concentrations of at least 10 ppmw based 
on knowledge of the material, the dispute may be resolved by using 
direct measurement as specified at paragraph (d)(1) of this section.



Sec. 261.1035  Recordkeeping requirements.

    (a)(1) Each remanufacturer or other person that stores or treats the 
hazardous secondary material subject to the provisions of this subpart 
shall comply with the recordkeeping requirements of this section.
    (2) A remanufacturer or other person that stores or treats the 
hazardous secondary material of more than one hazardous secondary 
material management unit subject to the provisions of this subpart may 
comply with the recordkeeping requirements for these hazardous secondary 
material management units in one recordkeeping system if the system 
identifies each record by each hazardous secondary material management 
unit.
    (b) The remanufacturer or other person that stores or treats the 
hazardous secondary material must keep the following records on-site:
    (1) For facilities that comply with the provisions of 
Sec. 261.1033(a)(2), an implementation schedule that includes dates by 
which the closed-vent system and control device will be installed and in 
operation. The schedule must also include a rationale of why the 
installation cannot be completed at an earlier date. The implementation 
schedule must be kept on-site at the facility by the effective date that 
the facility becomes subject to the provisions of this subpart.
    (2) Up-to-date documentation of compliance with the process vent 
standards in Sec. 261.1032, including:
    (i) Information and data identifying all affected process vents, 
annual throughput and operating hours of each affected unit, estimated 
emission rates for each affected vent and for the overall facility 
(i.e., the total emissions for all affected vents at the facility), and 
the approximate location within the facility of each affected unit 
(e.g., identify the hazardous secondary material management units on a 
facility plot plan).
    (ii) Information and data supporting determinations of vent 
emissions and emission reductions achieved by add-on control devices 
based on engineering calculations or source tests. For the purpose of 
determining compliance, determinations of vent emissions and emission 
reductions must be made using operating parameter values (e.g., 
temperatures, flow rates, or vent stream organic compounds and 
concentrations) that represent the conditions that result in maximum 
organic emissions, such as when the hazardous secondary material 
management unit is operating at the highest load or capacity level 
reasonably expected to occur. If the remanufacturer or other person that 
stores or treats the hazardous secondary material takes any action 
(e.g., managing a material of different composition or increasing 
operating hours of affected hazardous secondary material management 
units) that would result in an increase in total organic emissions from 
affected process vents at the facility, then a new determination is 
required.
    (3) Where a remanufacturer or other person that stores or treats the 
hazardous secondary material chooses to use test data to determine the 
organic removal efficiency or total organic compound concentration 
achieved by the control device, a performance test plan must be 
developed and include:
    (i) A description of how it is determined that the planned test is 
going to be conducted when the hazardous secondary material management 
unit is operating at the highest load or capacity level reasonably 
expected to occur. This shall include the estimated or design flow rate 
and organic content of each vent stream and define the acceptable 
operating ranges of key process and control device parameters during the 
test program.
    (ii) A detailed engineering description of the closed-vent system 
and control device including:
    (A) Manufacturer's name and model number of control device.
    (B) Type of control device.
    (C) Dimensions of the control device.

[[Page 172]]

    (D) Capacity.
    (E) Construction materials.
    (iii) A detailed description of sampling and monitoring procedures, 
including sampling and monitoring locations in the system, the equipment 
to be used, sampling and monitoring frequency, and planned analytical 
procedures for sample analysis.
    (4) Documentation of compliance with Sec. 261.1033 shall include the 
following information:
    (i) A list of all information references and sources used in 
preparing the documentation.
    (ii) Records, including the dates, of each compliance test required 
by Sec. 261.1033(k).
    (iii) If engineering calculations are used, a design analysis, 
specifications, drawings, schematics, and piping and instrumentation 
diagrams based on the appropriate sections of ``APTI Course 415: Control 
of Gaseous Emissions'' (incorporated by reference as specified in 
Sec. 260.11) or other engineering texts acceptable to the Regional 
Administrator that present basic control device design information. 
Documentation provided by the control device manufacturer or vendor that 
describes the control device design in accordance with paragraphs 
(b)(4)(iii)(A) through (G) of this section may be used to comply with 
this requirement. The design analysis shall address the vent stream 
characteristics and control device operation parameters as specified 
below.
    (A) For a thermal vapor incinerator, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the design minimum 
and average temperature in the combustion zone and the combustion zone 
residence time.
    (B) For a catalytic vapor incinerator, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the design minimum 
and average temperatures across the catalyst bed inlet and outlet.
    (C) For a boiler or process heater, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the design minimum 
and average flame zone temperatures, combustion zone residence time, and 
description of method and location where the vent stream is introduced 
into the combustion zone.
    (D) For a flare, the design analysis shall consider the vent stream 
composition, constituent concentrations, and flow rate. The design 
analysis shall also consider the requirements specified in 
Sec. 261.1033(d).
    (E) For a condenser, the design analysis shall consider the vent 
stream composition, constituent concentrations, flow rate, relative 
humidity, and temperature. The design analysis shall also establish the 
design outlet organic compound concentration level, design average 
temperature of the condenser exhaust vent stream, and design average 
temperatures of the coolant fluid at the condenser inlet and outlet.
    (F) For a carbon adsorption system such as a fixed-bed adsorber that 
regenerates the carbon bed directly onsite in the control device, the 
design analysis shall consider the vent stream composition, constituent 
concentrations, flow rate, relative humidity, and temperature. The 
design analysis shall also establish the design exhaust vent stream 
organic compound concentration level, number and capacity of carbon 
beds, type and working capacity of activated carbon used for carbon 
beds, design total steam flow over the period of each complete carbon 
bed regeneration cycle, duration of the carbon bed steaming and cooling/
drying cycles, design carbon bed temperature after regeneration, design 
carbon bed regeneration time, and design service life of carbon.
    (G) For a carbon adsorption system such as a carbon canister that 
does not regenerate the carbon bed directly onsite in the control 
device, the design analysis shall consider the vent stream composition, 
constituent concentrations, flow rate, relative humidity, and 
temperature. The design analysis shall also establish the design outlet 
organic concentration level, capacity of carbon bed, type and working 
capacity of activated carbon used for carbon bed, and design carbon 
replacement interval based on the total carbon working capacity of the 
control device and source operating schedule.

[[Page 173]]

    (iv) A statement signed and dated by the remanufacturer or other 
person that stores or treats the hazardous secondary material certifying 
that the operating parameters used in the design analysis reasonably 
represent the conditions that exist when the hazardous secondary 
material management unit is or would be operating at the highest load or 
capacity level reasonably expected to occur.
    (v) A statement signed and dated by the remanufacturer or other 
person that stores or treats the hazardous secondary material certifying 
that the control device is designed to operate at an efficiency of 95 
percent or greater unless the total organic concentration limit of 
Sec. 261.1032(a) is achieved at an efficiency less than 95 weight 
percent or the total organic emission limits of Sec. 261.1032(a) for 
affected process vents at the facility can be attained by a control 
device involving vapor recovery at an efficiency less than 95 weight 
percent. A statement provided by the control device manufacturer or 
vendor certifying that the control equipment meets the design 
specifications may be used to comply with this requirement.
    (vi) If performance tests are used to demonstrate compliance, all 
test results.
    (c) Design documentation and monitoring, operating, and inspection 
information for each closed-vent system and control device required to 
comply with the provisions of this part shall be recorded and kept up-
to-date at the facility. The information shall include:
    (1) Description and date of each modification that is made to the 
closed-vent system or control device design.
    (2) Identification of operating parameter, description of monitoring 
device, and diagram of monitoring sensor location or locations used to 
comply with Sec. 261.1033 (f)(1) and (2).
    (3) Monitoring, operating, and inspection information required by 
Sec. 261.1033(f) through (k).
    (4) Date, time, and duration of each period that occurs while the 
control device is operating when any monitored parameter exceeds the 
value established in the control device design analysis as specified 
below:
    (i) For a thermal vapor incinerator designed to operate with a 
minimum residence time of 0.50 second at a minimum temperature of 760 
deg.C, period when the combustion temperature is below 760  deg.C.
    (ii) For a thermal vapor incinerator designed to operate with an 
organic emission reduction efficiency of 95 weight percent or greater, 
period when the combustion zone temperature is more than 28  deg.C below 
the design average combustion zone temperature established as a 
requirement of paragraph (b)(4)(iii)(A) of this section.
    (iii) For a catalytic vapor incinerator, period when:
    (A) Temperature of the vent stream at the catalyst bed inlet is more 
than 28  deg.C below the average temperature of the inlet vent stream 
established as a requirement of paragraph (b)(4)(iii)(B) of this 
section, or
    (B) Temperature difference across the catalyst bed is less than 80 
percent of the design average temperature difference established as a 
requirement of paragraph (b)(4)(iii)(B) of this section.
    (iv) For a boiler or process heater, period when:
    (A) Flame zone temperature is more than 28  deg.C below the design 
average flame zone temperature established as a requirement of paragraph 
(b)(4)(iii)(C) of this section, or
    (B) Position changes where the vent stream is introduced to the 
combustion zone from the location established as a requirement of 
paragraph (b)(4)(iii)(C) of this section.
    (v) For a flare, period when the pilot flame is not ignited.
    (vi) For a condenser that complies with Sec. 261.1033(f)(2)(vi)(A), 
period when the organic compound concentration level or readings of 
organic compounds in the exhaust vent stream from the condenser are more 
than 20 percent greater than the design outlet organic compound 
concentration level established as a requirement of paragraph 
(b)(4)(iii)(E) of this section.
    (vii) For a condenser that complies with Sec. 261.1033(f)(2)(vi)(B), 
period when:
    (A) Temperature of the exhaust vent stream from the condenser is 
more

[[Page 174]]

than 6  deg.C above the design average exhaust vent stream temperature 
established as a requirement of paragraph (b)(4)(iii)(E) of this 
section; or
    (B) Temperature of the coolant fluid exiting the condenser is more 
than 6  deg.C above the design average coolant fluid temperature at the 
condenser outlet established as a requirement of paragraph 
(b)(4)(iii)(E) of this section.
    (viii) For a carbon adsorption system such as a fixed-bed carbon 
adsorber that regenerates the carbon bed directly on-site in the control 
device and complies with Sec. 261.1033(f)(2)(vii)(A), period when the 
organic compound concentration level or readings of organic compounds in 
the exhaust vent stream from the carbon bed are more than 20 percent 
greater than the design exhaust vent stream organic compound 
concentration level established as a requirement of paragraph 
(b)(4)(iii)(F) of this section.
    (ix) For a carbon adsorption system such as a fixed-bed carbon 
adsorber that regenerates the carbon bed directly on-site in the control 
device and complies with Sec. 261.1033(f)(2)(vii)(B), period when the 
vent stream continues to flow through the control device beyond the 
predetermined carbon bed regeneration time established as a requirement 
of paragraph (b)(4)(iii)(F) of this section.
    (5) Explanation for each period recorded under paragraph (c)(4) of 
the cause for control device operating parameter exceeding the design 
value and the measures implemented to correct the control device 
operation.
    (6) For a carbon adsorption system operated subject to requirements 
specified in Sec. 261.1033(g) or (h)(2), date when existing carbon in 
the control device is replaced with fresh carbon.
    (7) For a carbon adsorption system operated subject to requirements 
specified in Sec. 261.1033(h)(1), a log that records:
    (i) Date and time when control device is monitored for carbon 
breakthrough and the monitoring device reading.
    (ii) Date when existing carbon in the control device is replaced 
with fresh carbon.
    (8) Date of each control device startup and shutdown.
    (9) A remanufacturer or other person that stores or treats the 
hazardous secondary material designating any components of a closed-vent 
system as unsafe to monitor pursuant to Sec. 261.1033(o) of this subpart 
shall record in a log that is kept at the facility the identification of 
closed-vent system components that are designated as unsafe to monitor 
in accordance with the requirements of Sec. 261.1033(o) of this subpart, 
an explanation for each closed-vent system component stating why the 
closed-vent system component is unsafe to monitor, and the plan for 
monitoring each closed-vent system component.
    (10) When each leak is detected as specified in Sec. 261.1033(l) of 
this subpart, the following information shall be recorded:
    (i) The instrument identification number, the closed-vent system 
component identification number, and the operator name, initials, or 
identification number.
    (ii) The date the leak was detected and the date of first attempt to 
repair the leak.
    (iii) The date of successful repair of the leak.
    (iv) Maximum instrument reading measured by Method 21 of 40 CFR part 
60, appendix A after it is successfully repaired or determined to be 
nonrepairable.
    (v) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (A) The remanufacturer or other person that stores or treats the 
hazardous secondary material may develop a written procedure that 
identifies the conditions that justify a delay of repair. In such cases, 
reasons for delay of repair may be documented by citing the relevant 
sections of the written procedure.
    (B) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked on-site before depletion and the reason for depletion.
    (d) Records of the monitoring, operating, and inspection information 
required by paragraphs (c)(3) through (10) of this section shall be 
maintained by the owner or operator for at least 3

[[Page 175]]

years following the date of each occurrence, measurement, maintenance, 
corrective action, or record.
    (e) For a control device other than a thermal vapor incinerator, 
catalytic vapor incinerator, flare, boiler, process heater, condenser, 
or carbon adsorption system, the Regional Administrator will specify the 
appropriate recordkeeping requirements.
    (f) Up-to-date information and data used to determine whether or not 
a process vent is subject to the requirements in Sec. 261.1032 including 
supporting documentation as required by Sec. 261.1034(d)(2) when 
application of the knowledge of the nature of the hazardous secondary 
material stream or the process by which it was produced is used, shall 
be recorded in a log that is kept at the facility.



Secs. 261.1036-261.1049  [Reserved]



          Subpart BB_Air Emission Standards for Equipment Leaks

    Source: 80 FR 1777, Jan. 13, 2015, unless otherwise noted.



Sec. 261.1050  Applicability.

    (a) The regulations in this subpart apply to equipment that contains 
hazardous secondary materials excluded under the remanufacturing 
exclusion at Sec. 261.4(a)(27), unless the equipment operations are 
subject to the requirements of an applicable Clean Air Act regulation 
codified under 40 CFR part 60, part 61, or part 63.



Sec. 261.1051  Definitions.

    As used in this subpart, all terms shall have the meaning given them 
in Sec. 261.1031, the Resource Conservation and Recovery Act, and 40 CFR 
parts 260-266.



Sec. 261.1052  Standards: Pumps in light liquid service.

    (a)(1) Each pump in light liquid service shall be monitored monthly 
to detect leaks by the methods specified in Sec. 261.1063(b), except as 
provided in paragraphs (d), (e), and (f) of this section.
    (2) Each pump in light liquid service shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the pump seal.
    (b)(1) If an instrument reading of 10,000 ppm or greater is 
measured, a leak is detected.
    (2) If there are indications of liquids dripping from the pump seal, 
a leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 261.1059.
    (2) A first attempt at repair (e.g., tightening the packing gland) 
shall be made no later than five calendar days after each leak is 
detected.
    (d) Each pump equipped with a dual mechanical seal system that 
includes a barrier fluid system is exempt from the requirements of 
paragraph (a) of this section, provided the following requirements are 
met:
    (1) Each dual mechanical seal system must be:
    (i) Operated with the barrier fluid at a pressure that is at all 
times greater than the pump stuffing box pressure, or
    (ii) Equipped with a barrier fluid degassing reservoir that is 
connected by a closed-vent system to a control device that complies with 
the requirements of Sec. 261.1060, or
    (iii) Equipped with a system that purges the barrier fluid into a 
hazardous secondary material stream with no detectable emissions to the 
atmosphere.
    (2) The barrier fluid system must not be a hazardous secondary 
material with organic concentrations 10 percent or greater by weight.
    (3) Each barrier fluid system must be equipped with a sensor that 
will detect failure of the seal system, the barrier fluid system, or 
both.
    (4) Each pump must be checked by visual inspection, each calendar 
week, for indications of liquids dripping from the pump seals.
    (5)(i) Each sensor as described in paragraph (d)(3) of this section 
must be checked daily or be equipped with an audible alarm that must be 
checked monthly to ensure that it is functioning properly.
    (ii) The remanufacturer or other person that stores or treats the 
hazardous secondary material must determine,

[[Page 176]]

based on design considerations and operating experience, a criterion 
that indicates failure of the seal system, the barrier fluid system, or 
both.
    (6)(i) If there are indications of liquids dripping from the pump 
seal or the sensor indicates failure of the seal system, the barrier 
fluid system, or both based on the criterion determined in paragraph 
(d)(5)(ii) of this section, a leak is detected.
    (ii) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 261.1059.
    (iii) A first attempt at repair (e.g., relapping the seal) shall be 
made no later than five calendar days after each leak is detected.
    (e) Any pump that is designated, as described in 
Sec. 261.1064(g)(2), for no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background, is exempt from 
the requirements of paragraphs (a), (c), and (d) of this section if the 
pump meets the following requirements:
    (1) Must have no externally actuated shaft penetrating the pump 
housing.
    (2) Must operate with no detectable emissions as indicated by an 
instrument reading of less than 500 ppm above background as measured by 
the methods specified in Sec. 261.1063(c).
    (3) Must be tested for compliance with paragraph (e)(2) of this 
section initially upon designation, annually, and at other times as 
requested by the Regional Administrator.
    (f) If any pump is equipped with a closed-vent system capable of 
capturing and transporting any leakage from the seal or seals to a 
control device that complies with the requirements of Sec. 261.1060, it 
is exempt from the requirements of paragraphs (a) through (e) of this 
section.



Sec. 261.1053  Standards: Compressors.

    (a) Each compressor shall be equipped with a seal system that 
includes a barrier fluid system and that prevents leakage of total 
organic emissions to the atmosphere, except as provided in paragraphs 
(h) and (i) of this section.
    (b) Each compressor seal system as required in paragraph (a) of this 
section shall be:
    (1) Operated with the barrier fluid at a pressure that is at all 
times greater than the compressor stuffing box pressure, or
    (2) Equipped with a barrier fluid system that is connected by a 
closed-vent system to a control device that complies with the 
requirements of Sec. 261.1060, or
    (3) Equipped with a system that purges the barrier fluid into a 
hazardous secondary material stream with no detectable emissions to 
atmosphere.
    (c) The barrier fluid must not be a hazardous secondary material 
with organic concentrations 10 percent or greater by weight.
    (d) Each barrier fluid system as described in paragraphs (a) through 
(c) of this section shall be equipped with a sensor that will detect 
failure of the seal system, barrier fluid system, or both.
    (e)(1) Each sensor as required in paragraph (d) of this section 
shall be checked daily or shall be equipped with an audible alarm that 
must be checked monthly to ensure that it is functioning properly unless 
the compressor is located within the boundary of an unmanned plant site, 
in which case the sensor must be checked daily.
    (2) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall determine, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.
    (f) If the sensor indicates failure of the seal system, the barrier 
fluid system, or both based on the criterion determined under paragraph 
(e)(2) of this section, a leak is detected.
    (g)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec. 261.1059.
    (2) A first attempt at repair (e.g., tightening the packing gland) 
shall be made no later than 5 calendar days after each leak is detected.
    (h) A compressor is exempt from the requirements of paragraphs (a) 
and (b) of this section if it is equipped with a

[[Page 177]]

closed-vent system capable of capturing and transporting any leakage 
from the seal to a control device that complies with the requirements of 
Sec. 261.1060, except as provided in paragraph (i) of this section.
    (i) Any compressor that is designated, as described in 
Sec. 261.1064(g)(2), for no detectable emissions as indicated by an 
instrument reading of less than 500 ppm above background is exempt from 
the requirements of paragraphs (a) through (h) of this section if the 
compressor:
    (1) Is determined to be operating with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as measured by the method specified in Sec. 261.1063(c).
    (2) Is tested for compliance with paragraph (i)(1) of this section 
initially upon designation, annually, and at other times as requested by 
the Regional Administrator.



Sec. 261.1054  Standards: Pressure relief devices in gas/vapor 
service.

    (a) Except during pressure releases, each pressure relief device in 
gas/vapor service shall be operated with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as measured by the method specified in Sec. 261.1063(c).
    (b)(1) After each pressure release, the pressure relief device shall 
be returned to a condition of no detectable emissions, as indicated by 
an instrument reading of less than 500 ppm above background, as soon as 
practicable, but no later than 5 calendar days after each pressure 
release, except as provided in Sec. 261.1059.
    (2) No later than 5 calendar days after the pressure release, the 
pressure relief device shall be monitored to confirm the condition of no 
detectable emissions, as indicated by an instrument reading of less than 
500 ppm above background, as measured by the method specified in 
Sec. 261.1063(c).
    (c) Any pressure relief device that is equipped with a closed-vent 
system capable of capturing and transporting leakage from the pressure 
relief device to a control device as described in Sec. 261.1060 is 
exempt from the requirements of paragraphs (a) and (b) of this section.



Sec. 261.1055  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a closed-
purge, closed-loop, or closed-vent system. This system shall collect the 
sample purge for return to the process or for routing to the appropriate 
treatment system. Gases displaced during filling of the sample container 
are not required to be collected or captured.
    (b) Each closed-purge, closed-loop, or closed-vent system as 
required in paragraph (a) of this section shall meet one of the 
following requirements:
    (1) Return the purged process fluid directly to the process line;
    (2) Collect and recycle the purged process fluid; or
    (3) Be designed and operated to capture and transport all the purged 
process fluid to a material management unit that complies with the 
applicable requirements of Secs. 261.1084 through 264.1086 of this 
subpart or a control device that complies with the requirements of 
Sec. 261.1060 of this subpart.
    (c) In-situ sampling systems and sampling systems without purges are 
exempt from the requirements of paragraphs (a) and (b) of this section.



Sec. 261.1056  Standards: Open-ended valves or lines.

    (a)(1) Each open-ended valve or line shall be equipped with a cap, 
blind flange, plug, or a second valve.
    (2) The cap, blind flange, plug, or second valve shall seal the open 
end at all times except during operations requiring hazardous secondary 
material stream flow through the open-ended valve or line.
    (b) Each open-ended valve or line equipped with a second valve shall 
be operated in a manner such that the valve on the hazardous secondary 
material stream end is closed before the second valve is closed.
    (c) When a double block and bleed system is being used, the bleed 
valve or line may remain open during operations that require venting the 
line between the block valves but shall comply with paragraph (a) of 
this section at all other times.

[[Page 178]]



Sec. 261.1057  Standards: Valves in gas/vapor service or in light
liquid service.

    (a) Each valve in gas/vapor or light liquid service shall be 
monitored monthly to detect leaks by the methods specified in 
Sec. 261.1063(b) and shall comply with paragraphs (b) through (e) of 
this section, except as provided in paragraphs (f), (g), and (h) of this 
section and Secs. 261.1061 and 261.1062.
    (b) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (c)(1) Any valve for which a leak is not detected for two successive 
months may be monitored the first month of every succeeding quarter, 
beginning with the next quarter, until a leak is detected.
    (2) If a leak is detected, the valve shall be monitored monthly 
until a leak is not detected for two successive months,
    (d)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected, except as provided in Sec. 261.1059.
    (2) A first attempt at repair shall be made no later than 5 calendar 
days after each leak is detected.
    (e) First attempts at repair include, but are not limited to, the 
following best practices where practicable:
    (1) Tightening of bonnet bolts.
    (2) Replacement of bonnet bolts.
    (3) Tightening of packing gland nuts.
    (4) Injection of lubricant into lubricated packing.
    (f) Any valve that is designated, as described in 
Sec. 261.1064(g)(2), for no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background, is exempt from 
the requirements of paragraph (a) of this section if the valve:
    (1) Has no external actuating mechanism in contact with the 
hazardous secondary material stream.
    (2) Is operated with emissions less than 500 ppm above background as 
determined by the method specified in Sec. 261.1063(c).
    (3) Is tested for compliance with paragraph (f)(2) of this section 
initially upon designation, annually, and at other times as requested by 
the Regional Administrator.
    (g) Any valve that is designated, as described in 
Sec. 261.1064(h)(1), as an unsafe-to-monitor valve is exempt from the 
requirements of paragraph (a) of this section if:
    (1) The remanufacturer or other person that stores or treats the 
hazardous secondary material determines that the valve is unsafe to 
monitor because monitoring personnel would be exposed to an immediate 
danger as a consequence of complying with paragraph (a) of this section.
    (2) The remanufacturer or other person that stores or treats the 
hazardous secondary material adheres to a written plan that requires 
monitoring of the valve as frequently as practicable during safe-to-
monitor times.
    (h) Any valve that is designated, as described in 
Sec. 261.1064(h)(2), as a difficult-to-monitor valve is exempt from the 
requirements of paragraph (a) of this section if:
    (1) The remanufacturer or other person that stores or treats the 
hazardous secondary material determines that the valve cannot be 
monitored without elevating the monitoring personnel more than 2 meters 
above a support surface.
    (2) The hazardous secondary material management unit within which 
the valve is located was in operation before January 13, 2015.
    (3) The owner or operator of the valve follows a written plan that 
requires monitoring of the valve at least once per calendar year.



Sec. 261.1058  Standards: Pumps and valves in heavy liquid service, 
pressure relief devices in light liquid or heavy liquid service,
and flanges and other  connectors.

    (a) Pumps and valves in heavy liquid service, pressure relief 
devices in light liquid or heavy liquid service, and flanges and other 
connectors shall be monitored within five days by the method specified 
in Sec. 261.1063(b) if evidence of a potential leak is found by visual, 
audible, olfactory, or any other detection method.
    (b) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it

[[Page 179]]

is detected, except as provided in Sec. 261.1059.
    (2) The first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (d) First attempts at repair include, but are not limited to, the 
best practices described under Sec. 261.1057(e).
    (e) Any connector that is inaccessible or is ceramic or ceramic-
lined (e.g., porcelain, glass, or glass-lined) is exempt from the 
monitoring requirements of paragraph (a) of this section and from the 
recordkeeping requirements of Sec. 261.1064 of this subpart.



Sec. 261.1059  Standards: Delay of repair.

    (a) Delay of repair of equipment for which leaks have been detected 
will be allowed if the repair is technically infeasible without a 
hazardous secondary material management unit shutdown. In such a case, 
repair of this equipment shall occur before the end of the next 
hazardous secondary material management unit shutdown.
    (b) Delay of repair of equipment for which leaks have been detected 
will be allowed for equipment that is isolated from the hazardous 
secondary material management unit and that does not continue to contain 
or contact hazardous secondary material with organic concentrations at 
least 10 percent by weight.
    (c) Delay of repair for valves will be allowed if:
    (1) The remanufacturer or other person that stores or treats the 
hazardous secondary material determines that emissions of purged 
material resulting from immediate repair are greater than the emissions 
likely to result from delay of repair.
    (2) When repair procedures are effected, the purged material is 
collected and destroyed or recovered in a control device complying with 
Sec. 261.1060.
    (d) Delay of repair for pumps will be allowed if:
    (1) Repair requires the use of a dual mechanical seal system that 
includes a barrier fluid system.
    (2) Repair is completed as soon as practicable, but not later than 6 
months after the leak was detected.
    (e) Delay of repair beyond a hazardous secondary material management 
unit shutdown will be allowed for a valve if valve assembly replacement 
is necessary during the hazardous secondary material management unit 
shutdown, valve assembly supplies have been depleted, and valve assembly 
supplies had been sufficiently stocked before the supplies were 
depleted. Delay of repair beyond the next hazardous secondary material 
management unit shutdown will not be allowed unless the next hazardous 
secondary material management unit shutdown occurs sooner than 6 months 
after the first hazardous secondary material management unit shutdown.



Sec. 261.1060  Standards: Closed-vent systems and control devices.

    (a) The remanufacturer or other person that stores or treats the 
hazardous secondary material in a hazardous secondary material 
management units using closed-vent systems and control devices subject 
to this subpart shall comply with the provisions of Sec. 261.1033 of 
this part.
    (b)(1) The remanufacturer or other person that stores or treats the 
hazardous secondary material at an existing facility who cannot install 
a closed-vent system and control device to comply with the provisions of 
this subpart on the effective date that the facility becomes subject to 
the provisions of this subpart must prepare an implementation schedule 
that includes dates by which the closed-vent system and control device 
will be installed and in operation. The controls must be installed as 
soon as possible, but the implementation schedule may allow up to 30 
months after the effective date that the facility becomes subject to 
this subpart for installation and startup.
    (2) Any unit that begins operation after July 13, 2015 and is 
subject to the provisions of this subpart when operation begins, must 
comply with the rules immediately (i.e., must have control devices 
installed and operating on startup of the affected unit); the 30-month 
implementation schedule does not apply.
    (3) The remanufacturer or other person that stores or treats the 
hazardous secondary material at any facility in existence on the 
effective date of a statutory or regulatory amendment that renders the 
facility subject to this

[[Page 180]]

subpart shall comply with all requirements of this subpart as soon as 
practicable but no later than 30 months after the amendment's effective 
date. When control equipment required by this subpart cannot be 
installed and begin operation by the effective date of the amendment, 
the facility owner or operator shall prepare an implementation schedule 
that includes the following information: Specific calendar dates for 
award of contracts or issuance of purchase orders for the control 
equipment, initiation of on-site installation of the control equipment, 
completion of the control equipment installation, and performance of any 
testing to demonstrate that the installed equipment meets the applicable 
standards of this subpart. The remanufacturer or other person that 
stores or treats the hazardous secondary material shall keep a copy of 
the implementation schedule at the facility.
    (4) Remanufacturers or other persons that store or treat the 
hazardous secondary materials at facilities and units that become newly 
subject to the requirements of this subpart after January 13, 2015, due 
to an action other than those described in paragraph (b)(3) of this 
section must comply with all applicable requirements immediately (i.e., 
must have control devices installed and operating on the date the 
facility or unit becomes subject to this subpart; the 30-month 
implementation schedule does not apply).



Sec. 261.1061  Alternative standards for valves in gas/vapor service 
or in light liquid service: percentage of valves allowed to leak.

    (a) A remanufacturer or other person that stores or treats the 
hazardous secondary material subject to the requirements of 
Sec. 261.1057 may elect to have all valves within a hazardous secondary 
material management unit comply with an alternative standard that allows 
no greater than 2 percent of the valves to leak.
    (b) The following requirements shall be met if a remanufacturer or 
other person that stores or treats the hazardous secondary material 
decides to comply with the alternative standard of allowing 2 percent of 
valves to leak:
    (1) A performance test as specified in paragraph (c) of this section 
shall be conducted initially upon designation, annually, and at other 
times requested by the Regional Administrator.
    (2) If a valve leak is detected, it shall be repaired in accordance 
with Sec. 261.1057(d) and (e).
    (c) Performance tests shall be conducted in the following manner:
    (1) All valves subject to the requirements in Sec. 261.1057 within 
the hazardous secondary material management unit shall be monitored 
within 1 week by the methods specified in Sec. 261.1063(b).
    (2) If an instrument reading of 10,000 ppm or greater is measured, a 
leak is detected.
    (3) The leak percentage shall be determined by dividing the number 
of valves subject to the requirements in Sec. 261.1057 for which leaks 
are detected by the total number of valves subject to the requirements 
in Sec. 261.1057 within the hazardous secondary material management 
unit.



Sec. 261.1062  Alternative standards for valves in gas/vapor service
or in light liquid service: skip period leak detection and repair.

    (a) A remanufacturer or other person that stores or treats the 
hazardous secondary material subject to the requirements of 
Sec. 261.1057 may elect for all valves within a hazardous secondary 
material management unit to comply with one of the alternative work 
practices specified in paragraphs (b)(2) and (3) of this section.
    (b)(1) A remanufacturer or other person that stores or treats the 
hazardous secondary material shall comply with the requirements for 
valves, as described in Sec. 261.1057, except as described in paragraphs 
(b)(2) and (3) of this section.
    (2) After two consecutive quarterly leak detection periods with the 
percentage of valves leaking equal to or less than two percent, a 
remanufacturer or other person that stores or treats the hazardous 
secondary material may begin to skip one of the quarterly leak detection 
periods (i.e., monitor for leaks once every six months) for the valves 
subject to the requirements in Sec. 261.1057 of this subpart.

[[Page 181]]

    (3) After five consecutive quarterly leak detection periods with the 
percentage of valves leaking equal to or less than two percent, a 
remanufacturer or other person that stores or treats the hazardous 
secondary material may begin to skip three of the quarterly leak 
detection periods (i.e., monitor for leaks once every year) for the 
valves subject to the requirements in Sec. 261.1057 of this subpart.
    (4) If the percentage of valves leaking is greater than two percent, 
the remanufacturer or other person that stores or treats the hazardous 
secondary material shall monitor monthly in compliance with the 
requirements in Sec. 261.1057, but may again elect to use this section 
after meeting the requirements of Sec. 261.1057(c)(1).



Sec. 261.1063  Test methods and procedures.

    (a) Each remanufacturer or other person that stores or treats the 
hazardous secondary material subject to the provisions of this subpart 
shall comply with the test methods and procedures requirements provided 
in this section.
    (b) Leak detection monitoring, as required in Secs. 261.1052-
261.1062, shall comply with the following requirements:
    (1) Monitoring shall comply with Reference Method 21 in 40 CFR part 
60.
    (2) The detection instrument shall meet the performance criteria of 
Reference Method 21.
    (3) The instrument shall be calibrated before use on each day of its 
use by the procedures specified in Reference Method 21.
    (4) Calibration gases shall be:
    (i) Zero air (less than 10 ppm of hydrocarbon in air).
    (ii) A mixture of methane or n-hexane and air at a concentration of 
approximately, but less than, 10,000 ppm methane or n-hexane.
    (5) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Reference Method 21.
    (c) When equipment is tested for compliance with no detectable 
emissions, as required in Secs. 261.1052(e), 261.1053(i), 261.1054, and 
261.1057(f), the test shall comply with the following requirements:
    (1) The requirements of paragraphs (b)(1) through (4) of this 
section shall apply.
    (2) The background level shall be determined as set forth in 
Reference Method 21.
    (3) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Reference Method 21.
    (4) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level is compared with 
500 ppm for determining compliance.
    (d) A remanufacturer or other person that stores or treats the 
hazardous secondary material must determine, for each piece of 
equipment, whether the equipment contains or contacts a hazardous 
secondary material with organic concentration that equals or exceeds 10 
percent by weight using the following:
    (1) Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, 
E 260-85 (incorporated by reference under Sec. 260.11);
    (2) Method 9060A (incorporated by reference under 40 CFR 260.11) of 
``Test Methods for Evaluating Solid Waste,'' EPA Publication SW-846, for 
computing total organic concentration of the sample, or analyzed for its 
individual organic constituents; or
    (3) Application of the knowledge of the nature of the hazardous 
secondary material stream or the process by which it was produced. 
Documentation of a material determination by knowledge is required. 
Examples of documentation that shall be used to support a determination 
under this provision include production process information documenting 
that no organic compounds are used, information that the material is 
generated by a process that is identical to a process at the same or 
another facility that has previously been demonstrated by direct 
measurement to have a total organic content less than 10 percent, or 
prior speciation analysis results on the same material stream where it 
can also be documented that no process changes have occurred since that 
analysis that

[[Page 182]]

could affect the material total organic concentration.
    (e) If a remanufacturer or other person that stores or treats the 
hazardous secondary material determines that a piece of equipment 
contains or contacts a hazardous secondary material with organic 
concentrations at least 10 percent by weight, the determination can be 
revised only after following the procedures in paragraph (d)(1) or (2) 
of this section.
    (f) When a remanufacturer or other person that stores or treats the 
hazardous secondary material and the Regional Administrator do not agree 
on whether a piece of equipment contains or contacts a hazardous 
secondary material with organic concentrations at least 10 percent by 
weight, the procedures in paragraph (d)(1) or (2) of this section can be 
used to resolve the dispute.
    (g) Samples used in determining the percent organic content shall be 
representative of the highest total organic content hazardous secondary 
material that is expected to be contained in or contact the equipment.
    (h) To determine if pumps or valves are in light liquid service, the 
vapor pressures of constituents may be obtained from standard reference 
texts or may be determined by ASTM D-2879-86 (incorporated by reference 
under Sec. 260.11).
    (i) Performance tests to determine if a control device achieves 95 
weight percent organic emission reduction shall comply with the 
procedures of Sec. 261.1034(c)(1) through (4).



Sec. 261.1064  Recordkeeping requirements.

    (a)(1) Each remanufacturer or other person that stores or treats the 
hazardous secondary material subject to the provisions of this subpart 
shall comply with the recordkeeping requirements of this section.
    (2) A remanufacturer or other person that stores or treats the 
hazardous secondary material in more than one hazardous secondary 
material management unit subject to the provisions of this subpart may 
comply with the recordkeeping requirements for these hazardous secondary 
material management units in one recordkeeping system if the system 
identifies each record by each hazardous secondary material management 
unit.
    (b) Remanufacturer's and other person's that store or treat the 
hazardous secondary material must record and keep the following 
information at the facility:
    (1) For each piece of equipment to which subpart BB of part 261 
applies:
    (i) Equipment identification number and hazardous secondary material 
management unit identification.
    (ii) Approximate locations within the facility (e.g., identify the 
hazardous secondary material management unit on a facility plot plan).
    (iii) Type of equipment (e.g., a pump or pipeline valve).
    (iv) Percent-by-weight total organics in the hazardous secondary 
material stream at the equipment.
    (v) Hazardous secondary material state at the equipment (e.g., gas/
vapor or liquid).
    (vi) Method of compliance with the standard (e.g., ``monthly leak 
detection and repair'' or ``equipped with dual mechanical seals'').
    (2) For facilities that comply with the provisions of 
Sec. 261.1033(a)(2), an implementation schedule as specified in 
Sec. 261.1033(a)(2).
    (3) Where a remanufacturer or other person that stores or treats the 
hazardous secondary material chooses to use test data to demonstrate the 
organic removal efficiency or total organic compound concentration 
achieved by the control device, a performance test plan as specified in 
Sec. 261.1035(b)(3).
    (4) Documentation of compliance with Sec. 261.1060, including the 
detailed design documentation or performance test results specified in 
Sec. 261.1035(b)(4).
    (c) When each leak is detected as specified in Secs. 261.1052, 
261.1053, 261.1057, and 261.1058, the following requirements apply:
    (1) A weatherproof and readily visible identification, marked with 
the equipment identification number, the date evidence of a potential 
leak was found in accordance with Sec. 261.1058(a), and the date the 
leak was detected, shall be attached to the leaking equipment.

[[Page 183]]

    (2) The identification on equipment, except on a valve, may be 
removed after it has been repaired.
    (3) The identification on a valve may be removed after it has been 
monitored for two successive months as specified in Sec. 261.1057(c) and 
no leak has been detected during those two months.
    (d) When each leak is detected as specified in Secs. 261.1052, 
261.1053, 261.1057, and 261.1058, the following information shall be 
recorded in an inspection log and shall be kept at the facility:
    (1) The instrument and operator identification numbers and the 
equipment identification number.
    (2) The date evidence of a potential leak was found in accordance 
with Sec. 261.1058(a).
    (3) The date the leak was detected and the dates of each attempt to 
repair the leak.
    (4) Repair methods applied in each attempt to repair the leak.
    (5) ``Above 10,000'' if the maximum instrument reading measured by 
the methods specified in Sec. 261.1063(b) after each repair attempt is 
equal to or greater than 10,000 ppm.
    (6) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (7) Documentation supporting the delay of repair of a valve in 
compliance with Sec. 261.1059(c).
    (8) The signature of the remanufacturer or other person that stores 
or treats the hazardous secondary material (or designate) whose decision 
it was that repair could not be effected without a hazardous secondary 
material management unit shutdown.
    (9) The expected date of successful repair of the leak if a leak is 
not repaired within 15 calendar days.
    (10) The date of successful repair of the leak.
    (e) Design documentation and monitoring, operating, and inspection 
information for each closed-vent system and control device required to 
comply with the provisions of Sec. 261.1060 shall be recorded and kept 
up-to-date at the facility as specified in Sec. 261.1035(c). Design 
documentation is specified in Sec. 261.1035(c)(1) and (2) and 
monitoring, operating, and inspection information in Sec. 261.1035(c)(3) 
through (8).
    (f) For a control device other than a thermal vapor incinerator, 
catalytic vapor incinerator, flare, boiler, process heater, condenser, 
or carbon adsorption system, the Regional Administrator will specify the 
appropriate recordkeeping requirements.
    (g) The following information pertaining to all equipment subject to 
the requirements in Secs. 261.1052 through 261.1060 shall be recorded in 
a log that is kept at the facility:
    (1) A list of identification numbers for equipment (except welded 
fittings) subject to the requirements of this subpart.
    (2)(i) A list of identification numbers for equipment that the 
remanufacturer or other person that stores or treats the hazardous 
secondary material elects to designate for no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, under the provisions of Secs. 261.1052(e), 261.1053(i), and 
261.1057(f).
    (ii) The designation of this equipment as subject to the 
requirements of Secs. 261.1052(e), 261.1053(i), or 261.1057(f) shall be 
signed by the remanufacturer or other person that stores or treats the 
hazardous secondary material.
    (3) A list of equipment identification numbers for pressure relief 
devices required to comply with Sec. 261.1054(a).
    (4)(i) The dates of each compliance test required in 
Secs. 261.1052(e), 261.1053(i), 261.1054, and 261.1057(f).
    (ii) The background level measured during each compliance test.
    (iii) The maximum instrument reading measured at the equipment 
during each compliance test.
    (5) A list of identification numbers for equipment in vacuum 
service.
    (6) Identification, either by list or location (area or group) of 
equipment that contains or contacts hazardous secondary material with an 
organic concentration of at least 10 percent by weight for less than 300 
hours per calendar year.
    (h) The following information pertaining to all valves subject to 
the requirements of Sec. 261.1057(g) and (h) shall be recorded in a log 
that is kept at the facility:
    (1) A list of identification numbers for valves that are designated 
as unsafe

[[Page 184]]

to monitor, an explanation for each valve stating why the valve is 
unsafe to monitor, and the plan for monitoring each valve.
    (2) A list of identification numbers for valves that are designated 
as difficult to monitor, an explanation for each valve stating why the 
valve is difficult to monitor, and the planned schedule for monitoring 
each valve.
    (i) The following information shall be recorded in a log that is 
kept at the facility for valves complying with Sec. 261.1062:
    (1) A schedule of monitoring.
    (2) The percent of valves found leaking during each monitoring 
period.
    (j) The following information shall be recorded in a log that is 
kept at in the facility:
    (1) Criteria required in Secs. 261.1052(d)(5)(ii) and 261.1053(e)(2) 
and an explanation of the design criteria.
    (2) Any changes to these criteria and the reasons for the changes.
    (k) The following information shall be recorded in a log that is 
kept at the facility for use in determining exemptions as provided in 
the applicability section of this subpart and other specific subparts:
    (1) An analysis determining the design capacity of the hazardous 
secondary material management unit.
    (2) A statement listing the hazardous secondary material influent to 
and effluent from each hazardous secondary material management unit 
subject to the requirements in Secs. 261.1052 through 261.1060 and an 
analysis determining whether these hazardous secondary materials are 
heavy liquids.
    (3) An up-to-date analysis and the supporting information and data 
used to determine whether or not equipment is subject to the 
requirements in Secs. 261.1052 through 261.1060. The record shall 
include supporting documentation as required by Sec. 261.1063(d)(3) when 
application of the knowledge of the nature of the hazardous secondary 
material stream or the process by which it was produced is used. If the 
remanufacturer or other person that stores or treats the hazardous 
secondary material takes any action (e.g., changing the process that 
produced the material) that could result in an increase in the total 
organic content of the material contained in or contacted by equipment 
determined not to be subject to the requirements in Secs. 261.1052 
through 261.1060, then a new determination is required.
    (l) Records of the equipment leak information required by paragraph 
(d) of this section and the operating information required by paragraph 
(e) of this section need be kept only three years.
    (m) The remanufacturer or other person that stores or treats the 
hazardous secondary material at a facility with equipment that is 
subject to this subpart and to regulations at 40 CFR part 60, part 61, 
or part 63 may elect to determine compliance with this subpart either by 
documentation pursuant to Sec. 261.1064 of this subpart, or by 
documentation of compliance with the regulations at 40 CFR part 60, part 
61, or part 63 pursuant to the relevant provisions of the regulations at 
40 part 60, part 61, or part 63. The documentation of compliance under 
regulations at 40 CFR part 60, part 61, or part 63 shall be kept with or 
made readily available at the facility.



Secs. 261.1065-261.1079  [Reserved]



       Subpart CC_Air Emission Standards for Tanks and Containers

    Source: 80 FR 1777, Jan. 13, 2015, unless otherwise noted.



Sec. 261.1080  Applicability.

    (a) The regulations in this subpart apply to tanks and containers 
that contain hazardous secondary materials excluded under the 
remanufacturing exclusion at Sec. 261.4(a)(27), unless the tanks and 
containers are equipped with and operating air emission controls in 
accordance with the requirements of an applicable Clean Air Act 
regulations codified under 40 CFR part 60, part 61, or part 63.
    (b) [Reserved]



Sec. 261.1081  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given to them in the Resource Conservation and Recovery Act and 
parts 260 through 266 of this chapter.

[[Page 185]]

    Average volatile organic concentration or average VO concentration 
means the mass-weighted average volatile organic concentration of a 
hazardous secondary material as determined in accordance with the 
requirements of Sec. 261.1084 of this subpart.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that blocks an opening in a cover such that when the 
device is secured in the closed position it prevents or reduces air 
pollutant emissions to the atmosphere. Closure devices include devices 
that are detachable from the cover (e.g., a sampling port cap), manually 
operated (e.g., a hinged access lid or hatch), or automatically operated 
(e.g., a spring-loaded pressure relief valve).
    Continuous seal means a seal that forms a continuous closure that 
completely covers the space between the edge of the floating roof and 
the wall of a tank. A continuous seal may be a vapor-mounted seal, 
liquid-mounted seal, or metallic shoe seal. A continuous seal may be 
constructed of fastened segments so as to form a continuous seal.
    Cover means a device that provides a continuous barrier over the 
hazardous secondary material managed in a unit to prevent or reduce air 
pollutant emissions to the atmosphere. A cover may have openings (such 
as access hatches, sampling ports, gauge wells) that are necessary for 
operation, inspection, maintenance, and repair of the unit on which the 
cover is used. A cover may be a separate piece of equipment which can be 
detached and removed from the unit or a cover may be formed by 
structural features permanently integrated into the design of the unit.
    Empty hazardous secondary material container means:
    (1) A container from which all hazardous secondary materials 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 no more than 2.5 centimeters (one inch) of residue 
remain on the bottom of the container or inner liner;
    (2) A container that is less than or equal to 119 gallons in size 
and no more than 3 percent by weight of the total capacity of the 
container remains in the container or inner liner; or
    (3) A container that is greater than 119 gallons in size and no more 
than 0.3 percent by weight of the total capacity of the container 
remains in the container or inner liner.
    Enclosure means a structure that surrounds a tank or container, 
captures organic vapors emitted from the tank or container, and vents 
the captured vapors through a closed-vent system to a control device.
    External floating roof means a pontoon-type or double-deck type 
cover that rests on the surface of the material managed in a tank with 
no fixed roof.
    Fixed roof means a cover that is mounted on a unit in a stationary 
position and does not move with fluctuations in the level of the 
material managed in the unit.
    Floating membrane cover means a cover consisting of a synthetic 
flexible membrane material that rests upon and is supported by the 
hazardous secondary material being managed in a surface impoundment.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, or internal floating cover which rests upon and is 
supported by the material being contained, and is equipped with a 
continuous seal.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed in accordance with relevant standards and good engineering 
practices.
    In light material service means the container is used to manage a 
material for which both of the following conditions apply: The vapor 
pressure of one or more of the organic constituents in the material is 
greater than 0.3 kilopascals (kPa) at 20  deg.C; and the total 
concentration of the pure organic constituents having a vapor pressure 
greater than 0.3 kPa at 20  deg.C is equal to or greater than 20 percent 
by weight.
    Internal floating roof means a cover that rests or floats on the 
material surface (but not necessarily in complete contact with it) 
inside a tank that has a fixed roof.

[[Page 186]]

    Liquid-mounted seal means a foam or liquid-filled primary seal 
mounted in contact with the hazardous secondary material between the 
tank wall and the floating roof continuously around the circumference of 
the tank.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused in part by poor maintenance or careless operation are 
not malfunctions.
    Material determination means performing all applicable procedures in 
accordance with the requirements of Sec. 261.1084 of this subpart to 
determine whether a hazardous secondary material meets standards 
specified in this subpart. Examples of a material determination include 
performing the procedures in accordance with the requirements of 
Sec. 261.1084 of this subpart to determine the average VO concentration 
of a hazardous secondary material at the point of material origination; 
the average VO concentration of a hazardous secondary material at the 
point of material treatment and comparing the results to the exit 
concentration limit specified for the process used to treat the 
hazardous secondary material; the organic reduction efficiency and the 
organic biodegradation efficiency for a biological process used to treat 
a hazardous secondary material and comparing the results to the 
applicable standards; or the maximum volatile organic vapor pressure for 
a hazardous secondary material in a tank and comparing the results to 
the applicable standards.
    Maximum organic vapor pressure means the sum of the individual 
organic constituent partial pressures exerted by the material contained 
in a tank, at the maximum vapor pressure-causing conditions (i.e., 
temperature, agitation, pH effects of combining materials, etc.) 
reasonably expected to occur in the tank. For the purpose of this 
subpart, maximum organic vapor pressure is determined using the 
procedures specified in Sec. 261.1084(c) of this subpart.
    Metallic shoe seal means a continuous seal that is constructed of 
metal sheets which are held vertically against the wall of the tank by 
springs, weighted levers, or other mechanisms and is connected to the 
floating roof by braces or other means. A flexible coated fabric 
(envelope) spans the annular space between the metal sheet and the 
floating roof.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in 
Sec. 261.1084(d) of this subpart.
    Point of material origination means as follows:
    (1) When the remanufacturer or other person that stores or treats 
the hazardous secondary material is the generator of the hazardous 
secondary material, the point of material origination means the point 
where a material produced by a system, process, or material management 
unit is determined to be a hazardous secondary material excluded under 
Sec. 261.4(a)(27).
    Note to paragraph (1) of the definition of Point of material 
origination: In this case, this term is being used in a manner similar 
to the use of the term ``point of generation'' in air standards 
established under authority of the Clean Air Act in 40 CFR parts 60, 61, 
and 63.
    (2) When the remanufacturer or other person that stores or treats 
the hazardous secondary material is not the generator of the hazardous 
secondary material, point of material origination means the point where 
the remanufacturer or other person that stores or treats the hazardous 
secondary material accepts delivery or takes possession of the hazardous 
secondary material.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to a unit or its air emission control equipment by venting 
gases or vapors directly to the atmosphere during unsafe conditions 
resulting from an unplanned, accidental, or emergency event. For the 
purpose of this subpart, a safety device is not used for routine venting 
of gases or vapors from the vapor headspace underneath a cover such as 
during filling of the unit or to adjust the pressure in

[[Page 187]]

this vapor headspace in response to normal daily diurnal ambient 
temperature fluctuations. A safety device is designed to remain in a 
closed position during normal operations and open only when the internal 
pressure, or another relevant parameter, exceeds the device threshold 
setting applicable to the air emission control equipment as determined 
by the remanufacturer or other person that stores or treats the 
hazardous secondary material based on manufacturer recommendations, 
applicable regulations, fire protection and prevention codes, standard 
engineering codes and practices, or other requirements for the safe 
handling of flammable, ignitable, explosive, reactive, or hazardous 
materials.
    Single-seal system means a floating roof having one continuous seal. 
This seal may be vapor-mounted, liquid-mounted, or a metallic shoe seal.
    Vapor-mounted seal means a continuous seal that is mounted such that 
there is a vapor space between the hazardous secondary material in the 
unit and the bottom of the seal.
    Volatile organic concentration or VO concentration means the 
fraction by weight of the volatile organic compounds contained in a 
hazardous secondary material expressed in terms of parts per million 
(ppmw) as determined by direct measurement or by knowledge of the 
material in accordance with the requirements of Sec. 261.1084 of this 
subpart. For the purpose of determining the VO concentration of a 
hazardous secondary material, organic compounds with a Henry's law 
constant value of at least 0.1 mole-fraction-in-the-gas-phase/mole-
fraction-in the liquid-phase (0.1 Y/X) (which can also be expressed as 
1.8  x  10-\6\atmospheres/gram-mole/m\3\) at 25 degrees 
Celsius must be included.



Sec. 261.1082  Standards: General.

    (a) This section applies to the management of hazardous secondary 
material in tanks and containers subject to this subpart.
    (b) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall control air pollutant emissions from 
each hazardous secondary material management unit in accordance with 
standards specified in Secs. 261.1084 through 261.1087 of this subpart, 
as applicable to the hazardous secondary material management unit, 
except as provided for in paragraph (c) of this section.
    (c) A tank or container is exempt from standards specified in 
Secs. 261.1084 through 261.1087 of this subpart, as applicable, provided 
that the hazardous secondary material management unit is a tank or 
container for which all hazardous secondary material entering the unit 
has an average VO concentration at the point of material origination of 
less than 500 parts per million by weight (ppmw). The average VO 
concentration shall be determined using the procedures specified in 
Sec. 261.1083(a) of this subpart. The remanufacturer or other person 
that stores or treats the hazardous secondary material shall review and 
update, as necessary, this determination at least once every 12 months 
following the date of the initial determination for the hazardous 
secondary material streams entering the unit.



Sec. 261.1083  Material determination procedures.

    (a) Material determination procedure to determine average volatile 
organic (VO) concentration of a hazardous secondary material at the 
point of material origination. (1) Determining average VO concentration 
at the point of material origination. A remanufacturer or other person 
that stores or treats the hazardous secondary material shall determine 
the average VO concentration at the point of material origination for 
each hazardous secondary material placed in a hazardous secondary 
material management unit exempted under the provisions of 
Sec. 261.1082(c)(1) of this subpart from using air emission controls in 
accordance with standards specified in Secs. 261.1084 through 261.1087 
of this subpart, as applicable to the hazardous secondary material 
management unit.
    (i) An initial determination of the average VO concentration of the 
material stream shall be made before the first time any portion of the 
material in the hazardous secondary material stream is placed in a 
hazardous secondary material management unit exempted under the 
provisions of Sec. 261.1082(c)(1) of this subpart from

[[Page 188]]

using air emission controls, and thereafter an initial determination of 
the average VO concentration of the material stream shall be made for 
each averaging period that a hazardous secondary material is managed in 
the unit; and
    (ii) Perform a new material determination whenever changes to the 
source generating the material stream are reasonably likely to cause the 
average VO concentration of the hazardous secondary material to increase 
to a level that is equal to or greater than the applicable VO 
concentration limits specified in Sec. 261.1082 of this subpart.
    (2) Determination of average VO concentration using direct 
measurement or knowledge. For a material determination that is required 
by paragraph (a)(1) of this section, the average VO concentration of a 
hazardous secondary material at the point of material origination shall 
be determined using either direct measurement as specified in paragraph 
(a)(3) of this section or by knowledge as specified in paragraph (a)(4) 
of this section.
    (3) Direct measurement to determine average VO concentration of a 
hazardous secondary material at the point of material origination--(i) 
Identification. The remanufacturer or other person that stores or treats 
the hazardous secondary material shall identify and record in a log that 
is kept at the facility the point of material origination for the 
hazardous secondary material.
    (ii) Sampling. Samples of the hazardous secondary material stream 
shall be collected at the point of material origination in a manner such 
that volatilization of organics contained in the material and in the 
subsequent sample is minimized and an adequately representative sample 
is collected and maintained for analysis by the selected method.
    (A) The averaging period to be used for determining the average VO 
concentration for the hazardous secondary material stream on a mass-
weighted average basis shall be designated and recorded. The averaging 
period can represent any time interval that the remanufacturer or other 
person that stores or treats the hazardous secondary material determines 
is appropriate for the hazardous secondary material stream but shall not 
exceed 1 year.
    (B) A sufficient number of samples, but no less than four samples, 
shall be collected and analyzed for a hazardous secondary material 
determination. All of the samples for a given material determination 
shall be collected within a one-hour period. The average of the four or 
more sample results constitutes a material determination for the 
material stream. One or more material determinations may be required to 
represent the complete range of material compositions and quantities 
that occur during the entire averaging period due to normal variations 
in the operating conditions for the source or process generating the 
hazardous secondary material stream. Examples of such normal variations 
are seasonal variations in material quantity or fluctuations in ambient 
temperature.
    (C) All samples shall be collected and handled in accordance with 
written procedures prepared by the remanufacturer or other person that 
stores or treats the hazardous secondary material and documented in a 
site sampling plan. This plan shall describe the procedure by which 
representative samples of the hazardous secondary material stream are 
collected such that a minimum loss of organics occurs throughout the 
sample collection and handling process, and by which sample integrity is 
maintained. A copy of the written sampling plan shall be maintained at 
the facility. An example of acceptable sample collection and handling 
procedures for a total volatile organic constituent concentration may be 
found in Method 25D in 40 CFR part 60, appendix A.
    (D) Sufficient information, as specified in the ``site sampling 
plan'' required under paragraph (a)(3)(ii)(C) of this section, shall be 
prepared and recorded to document the material quantity represented by 
the samples and, as applicable, the operating conditions for the source 
or process generating the hazardous secondary material represented by 
the samples.
    (iii) Analysis. Each collected sample shall be prepared and analyzed 
in accordance with Method 25D in 40 CFR

[[Page 189]]

part 60, appendix A for the total concentration of volatile organic 
constituents, or using one or more methods when the individual organic 
compound concentrations are identified and summed and the summed 
material concentration accounts for and reflects all organic compounds 
in the material with Henry's law constant values at least 0.1 mole-
fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) 
[which can also be expressed as 1.8  x  10-6atmospheres/gram-
mole/m\3\] at 25 degrees Celsius. At the discretion of the 
remanufacturer or other person that stores or treats the hazardous 
secondary material, the test data obtained may be adjusted by any 
appropriate method to discount any contribution to the total volatile 
organic concentration that is a result of including a compound with a 
Henry's law constant value of less than 0.1 Y/X at 25 degrees Celsius. 
To adjust these data, the measured concentration of each individual 
chemical constituent contained in the material is multiplied by the 
appropriate constituent-specific adjustment factor (fm25D). 
If the remanufacturer or other person that stores or treats the 
hazardous secondary material elects to adjust the test data, the 
adjustment must be made to all individual chemical constituents with a 
Henry's law constant value greater than or equal to 0.1 Y/X at 25 
degrees Celsius contained in the material. Constituent-specific 
adjustment factors (fm25D) can be obtained by contacting the 
Waste and Chemical Processes Group, Office of Air Quality Planning and 
Standards, Research Triangle Park, NC 27711. Other test methods may be 
used if they meet the requirements in paragraph (a)(3)(iii)(A) or (B) of 
this section and provided the requirement to reflect all organic 
compounds in the material with Henry's law constant values greater than 
or equal to 0.1 Y/X [which can also be expressed as 1.8  x  
10-6atmospheres/gram-mole/m\3\] at 25 degrees Celsius, is 
met.
    (A) Any EPA standard method that has been validated in accordance 
with ``Alternative Validation Procedure for EPA Waste and Wastewater 
Methods,'' 40 CFR part 63, appendix D.
    (B) Any other analysis method that has been validated in accordance 
with the procedures specified in Section 5.1 or Section 5.3, and the 
corresponding calculations in Section 6.1 or Section 6.3, of Method 301 
in 40 CFR part 63, appendix A. The data are acceptable if they meet the 
criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If 
correction is required under section 6.3.3 of Method 301, the data are 
acceptable if the correction factor is within the range 0.7 to 1.30. 
Other sections of Method 301 are not required.
    (iv) Calculations. (A) The average VO concentration (C) on a mass-
weighted basis shall be calculated by using the results for all material 
determinations conducted in accordance with paragraphs (a)(3)(ii) and 
(iii) of this section and the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JA15.002

Where:

C = Average VO concentration of the hazardous secondary material at the 
          point of material origination on a mass-weighted basis, ppmw.
i = Individual material determination ``i'' of the hazardous secondary 
          material.
n = Total number of material determinations of the hazardous secondary 
          material conducted for the averaging period (not to exceed 1 
          year).
Qi = Mass quantity of hazardous secondary material stream 
          represented by Ci, kg/hr.
QT = Total mass quantity of hazardous secondary material 
          during the averaging period, kg/hr.
Ci = Measured VO concentration of material determination 
          ``i'' as determined in accordance with the requirements of 
          paragraph (a)(3)(iii) of this section (i.e. the average of the 
          four or more samples specified in paragraph (a)(3)(ii)(B) of 
          this section), ppmw.


[[Page 190]]


    (B) For the purpose of determining Ci, for individual 
material samples analyzed in accordance with paragraph (a)(3)(iii) of 
this section, the remanufacturer or other person that stores or treats 
the hazardous secondary material shall account for VO concentrations 
determined to be below the limit of detection of the analytical method 
by using the following VO concentration:
    (1) If Method 25D in 40 CFR part 60, appendix A is used for the 
analysis, one-half the blank value determined in the method at section 
4.4 of Method 25D in 40 CFR part 60, appendix A.
    (2) If any other analytical method is used, one-half the sum of the 
limits of detection established for each organic constituent in the 
material that has a Henry's law constant values at least 0.1 mole-
fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) 
[which can also be expressed as 1.8  x  10-6atmospheres/gram-
mole/m\3\] at 25 degrees Celsius.
    (4) Use of knowledge by the remanufacturer or other person that 
stores or treats the hazardous secondary material to determine average 
VO concentration of a hazardous secondary material at the point of 
material origination. (i) Documentation shall be prepared that presents 
the information used as the basis for the knowledge by the 
remanufacturer or other person that stores or treats the hazardous 
secondary material of the hazardous secondary material stream's average 
VO concentration. Examples of information that may be used as the basis 
for knowledge include: Material balances for the source or process 
generating the hazardous secondary material stream; constituent-specific 
chemical test data for the hazardous secondary material stream from 
previous testing that are still applicable to the current material 
stream; previous test data for other locations managing the same type of 
material stream; or other knowledge based on information included in 
shipping papers or material certification notices.
    (ii) If test data are used as the basis for knowledge, then the 
remanufacturer or other person that stores or treats the hazardous 
secondary material shall document the test method, sampling protocol, 
and the means by which sampling variability and analytical variability 
are accounted for in the determination of the average VO concentration. 
For example, a remanufacturer or other person that stores or treats the 
hazardous secondary material may use organic concentration test data for 
the hazardous secondary material stream that are validated in accordance 
with Method 301 in 40 CFR part 63, appendix A as the basis for knowledge 
of the material.
    (iii) A remanufacturer or other person that stores or treats the 
hazardous secondary material using chemical constituent-specific 
concentration test data as the basis for knowledge of the hazardous 
secondary material may adjust the test data to the corresponding average 
VO concentration value which would have been obtained had the material 
samples been analyzed using Method 25D in 40 CFR part 60, appendix A. To 
adjust these data, the measured concentration for each individual 
chemical constituent contained in the material is multiplied by the 
appropriate constituent-specific adjustment factor (fm25D).
    (iv) In the event that the Regional Administrator and the 
remanufacture or other person that stores or treats the hazardous 
secondary material disagree on a determination of the average VO 
concentration for a hazardous secondary material stream using knowledge, 
then the results from a determination of average VO concentration using 
direct measurement as specified in paragraph (a)(3) of this section 
shall be used to establish compliance with the applicable requirements 
of this subpart. The Regional Administrator may perform or request that 
the remanufacturer or other person that stores or treats the hazardous 
secondary material perform this determination using direct measurement. 
The remanufacturer or other person that stores or treats the hazardous 
secondary material may choose one or more appropriate methods to analyze 
each collected sample in accordance with the requirements of paragraph 
(a)(3)(iii) of this section.
    (b) [Reserved]
    (c) Procedure to determine the maximum organic vapor pressure of a 
hazardous

[[Page 191]]

secondary material in a tank. (1) A remanufacturer or other person that 
stores or treats the hazardous secondary material shall determine the 
maximum organic vapor pressure for each hazardous secondary material 
placed in a tank using Tank Level 1 controls in accordance with 
standards specified in Sec. 261.1084(c) of this subpart.
    (2) A remanufacturer or other person that stores or treats the 
hazardous secondary material shall use either direct measurement as 
specified in paragraph (c)(3) of this section or knowledge of the waste 
as specified by paragraph (c)(4) of this section to determine the 
maximum organic vapor pressure which is representative of the hazardous 
secondary material composition stored or treated in the tank.
    (3) Direct measurement to determine the maximum organic vapor 
pressure of a hazardous secondary material.
    (i) Sampling. A sufficient number of samples shall be collected to 
be representative of the hazardous secondary material contained in the 
tank. All samples shall be collected and handled in accordance with 
written procedures prepared by the remanufacturer or other person that 
stores or treats the hazardous secondary material and documented in a 
site sampling plan. This plan shall describe the procedure by which 
representative samples of the hazardous secondary material are collected 
such that a minimum loss of organics occurs throughout the sample 
collection and handling process and by which sample integrity is 
maintained. A copy of the written sampling plan shall be maintained at 
the facility. An example of acceptable sample collection and handling 
procedures may be found in Method 25D in 40 CFR part 60, appendix A.
    (ii) Analysis. Any appropriate one of the following methods may be 
used to analyze the samples and compute the maximum organic vapor 
pressure of the hazardous secondary material:
    (A) Method 25E in 40 CFR part 60 appendix A;
    (B) Methods described in American Petroleum Institute Publication 
2517, Third Edition, February 1989, ``Evaporative Loss from External 
Floating-Roof Tanks,'' (incorporated by reference--refer to Sec. 260.11 
of this chapter);
    (C) Methods obtained from standard reference texts;
    (D) ASTM Method 2879-92 (incorporated by reference--refer to 
Sec. 260.11 of this chapter); and
    (E) Any other method approved by the Regional Administrator.
    (4) Use of knowledge to determine the maximum organic vapor pressure 
of the hazardous secondary material. Documentation shall be prepared and 
recorded that presents the information used as the basis for the 
knowledge by the remanufacturer or other person that stores or treats 
the hazardous secondary material that the maximum organic vapor pressure 
of the hazardous secondary material is less than the maximum vapor 
pressure limit listed in Sec. 261.1085(b)(1)(i) of this subpart for the 
applicable tank design capacity category. An example of information that 
may be used is documentation that the hazardous secondary material is 
generated by a process for which at other locations it previously has 
been determined by direct measurement that the hazardous secondary 
material's waste maximum organic vapor pressure is less than the maximum 
vapor pressure limit for the appropriate tank design capacity category.
    (d) Procedure for determining no detectable organic emissions for 
the purpose of complying with this subpart:
    (1) The test shall be conducted in accordance with the procedures 
specified in Method 21 of 40 CFR part 60, appendix A. Each potential 
leak interface (i.e., a location where organic vapor leakage could 
occur) on the cover and associated closure devices shall be checked. 
Potential leak interfaces that are associated with covers and closure 
devices include, but are not limited to: The interface of the cover and 
its foundation mounting; the periphery of any opening on the cover and 
its associated closure device; and the sealing seat interface on a 
spring-loaded pressure relief valve.
    (2) The test shall be performed when the unit contains a hazardous 
secondary material having an organic concentration representative of the 
range of concentrations for the hazardous secondary material expected to 
be managed in the unit. During the test,

[[Page 192]]

the cover and closure devices shall be secured in the closed position.
    (3) The detection instrument shall meet the performance criteria of 
Method 21 of 40 CFR part 60, appendix A, except the instrument response 
factor criteria in section 3.1.2(a) of Method 21 shall be for the 
average composition of the organic constituents in the hazardous 
secondary material placed in the hazardous secondary management unit, 
not for each individual organic constituent.
    (4) The detection instrument shall be calibrated before use on each 
day of its use by the procedures specified in Method 21 of 40 CFR part 
60, appendix A.
    (5) Calibration gases shall be as follows:
    (i) Zero air (less than 10 ppmv hydrocarbon in air), and
    (ii) A mixture of methane or n-hexane and air at a concentration of 
approximately, but less than, 10,000 ppmv methane or n-hexane.
    (6) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60, appendix A.
    (7) Each potential leak interface shall be checked by traversing the 
instrument probe around the potential leak interface as close to the 
interface as possible, as described in Method 21 of 40 CFR part 60, 
appendix A. In the case when the configuration of the cover or closure 
device prevents a complete traverse of the interface, all accessible 
portions of the interface shall be sampled. In the case when the 
configuration of the closure device prevents any sampling at the 
interface and the device is equipped with an enclosed extension or horn 
(e.g., some pressure relief devices), the instrument probe inlet shall 
be placed at approximately the center of the exhaust area to the 
atmosphere.
    (8) The arithmetic difference between the maximum organic 
concentration indicated by the instrument and the background level shall 
be compared with the value of 500 ppmv except when monitoring a seal 
around a rotating shaft that passes through a cover opening, in which 
case the comparison shall be as specified in paragraph (d)(9) of this 
section. If the difference is less than 500 ppmv, then the potential 
leak interface is determined to operate with no detectable organic 
emissions.
    (9) For the seals around a rotating shaft that passes through a 
cover opening, the arithmetic difference between the maximum organic 
concentration indicated by the instrument and the background level shall 
be compared with the value of 10,000 ppmw. If the difference is less 
than 10,000 ppmw, then the potential leak interface is determined to 
operate with no detectable organic emissions.



Sec. 261.1084  Standards: tanks.

    (a) The provisions of this section apply to the control of air 
pollutant emissions from tanks for which Sec. 261.1082(b) of this 
subpart references the use of this section for such air emission 
control.
    (b) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall control air pollutant emissions from 
each tank subject to this section in accordance with the following 
requirements as applicable:
    (1) For a tank that manages hazardous secondary material that meets 
all of the conditions specified in paragraphs (b)(1)(i) through (iii) of 
this section, the remanufacturer or other person that stores or treats 
the hazardous secondary material shall control air pollutant emissions 
from the tank in accordance with the Tank Level 1 controls specified in 
paragraph (c) of this section or the Tank Level 2 controls specified in 
paragraph (d) of this section.
    (i) The hazardous secondary material in the tank has a maximum 
organic vapor pressure which is less than the maximum organic vapor 
pressure limit for the tank's design capacity category as follows:
    (A) For a tank design capacity equal to or greater than 151 m\3\, 
the maximum organic vapor pressure limit for the tank is 5.2 kPa.
    (B) For a tank design capacity equal to or greater than 75 m\3\ but 
less than 151 m\3\, the maximum organic vapor pressure limit for the 
tank is 27.6 kPa.
    (C) For a tank design capacity less than 75 m\3\, the maximum 
organic

[[Page 193]]

vapor pressure limit for the tank is 76.6 kPa.
    (ii) The hazardous secondary material in the tank is not heated by 
the remanufacturer or other person that stores or treats the hazardous 
secondary material to a temperature that is greater than the temperature 
at which the maximum organic vapor pressure of the hazardous secondary 
material is determined for the purpose of complying with paragraph 
(b)(1)(i) of this section.
    (2) For a tank that manages hazardous secondary material that does 
not meet all of the conditions specified in paragraphs (b)(1)(i) through 
(iii) of this section, the remanufacturer or other person that stores or 
treats the hazardous secondary material shall control air pollutant 
emissions from the tank by using Tank Level 2 controls in accordance 
with the requirements of paragraph (d) of this section. An example of 
tanks required to use Tank Level 2 controls is a tank for which the 
hazardous secondary material in the tank has a maximum organic vapor 
pressure that is equal to or greater than the maximum organic vapor 
pressure limit for the tank's design capacity category as specified in 
paragraph (b)(1)(i) of this section.
    (c) Remanufacturers or other persons that store or treats the 
hazardous secondary material controlling air pollutant emissions from a 
tank using Tank Level 1 controls shall meet the requirements specified 
in paragraphs (c)(1) through (4) of this section:
    (1) The remanufacturer or other person that stores or treats that 
hazardous secondary material shall determine the maximum organic vapor 
pressure for a hazardous secondary material to be managed in the tank 
using Tank Level 1 controls before the first time the hazardous 
secondary material is placed in the tank. The maximum organic vapor 
pressure shall be determined using the procedures specified in 
Sec. 261.1083(c) of this subpart. Thereafter, the remanufacturer or 
other person that stores or treats the hazardous secondary material 
shall perform a new determination whenever changes to the hazardous 
secondary material managed in the tank could potentially cause the 
maximum organic vapor pressure to increase to a level that is equal to 
or greater than the maximum organic vapor pressure limit for the tank 
design capacity category specified in paragraph (b)(1)(i) of this 
section, as applicable to the tank.
    (2) The tank shall be equipped with a fixed roof designed to meet 
the following specifications:
    (i) The fixed roof and its closure devices shall be designed to form 
a continuous barrier over the entire surface area of the hazardous 
secondary material in the tank. The fixed roof may be a separate cover 
installed on the tank (e.g., a removable cover mounted on an open-top 
tank) or may be an integral part of the tank structural design (e.g., a 
horizontal cylindrical tank equipped with a hatch).
    (ii) The fixed roof shall be installed in a manner such that there 
are no visible cracks, holes, gaps, or other open spaces between roof 
section joints or between the interface of the roof edge and the tank 
wall.
    (iii) Each opening in the fixed roof, and any manifold system 
associated with the fixed roof, shall be either:
    (A) Equipped with a closure device designed to operate such that 
when the closure device is secured in the closed position there are no 
visible cracks, holes, gaps, or other open spaces in the closure device 
or between the perimeter of the opening and the closure device; or
    (B) Connected by a closed-vent system that is vented to a control 
device. The control device shall remove or destroy organics in the vent 
stream, and shall be operating whenever hazardous secondary material is 
managed in the tank, except as provided for in paragraphs 
(c)(2)(iii)(B)(1) and (2) of this section.
    (1) During periods when it is necessary to provide access to the 
tank for performing the activities of paragraph (c)(2)(iii)(B)(2) of 
this section, venting of the vapor headspace underneath the fixed roof 
to the control device is not required, opening of closure devices is 
allowed, and removal of the fixed roof is allowed. Following completion 
of the activity, the remanufacturer or other person that stores or 
treats the hazardous secondary material shall promptly secure the 
closure device in

[[Page 194]]

the closed position or reinstall the cover, as applicable, and resume 
operation of the control device.
    (2) During periods of routine inspection, maintenance, or other 
activities needed for normal operations, and for removal of accumulated 
sludge or other residues from the bottom of the tank.
    (iv) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the hazardous 
secondary material to the atmosphere, to the extent practical, and will 
maintain the integrity of the fixed roof and closure devices throughout 
their intended service life. Factors to be considered when selecting the 
materials for and designing the fixed roof and closure devices shall 
include: organic vapor permeability, the effects of any contact with the 
hazardous secondary material or its vapors managed in the tank; the 
effects of outdoor exposure to wind, moisture, and sunlight; and the 
operating practices used for the tank on which the fixed roof is 
installed.
    (3) Whenever a hazardous secondary material is in the tank, the 
fixed roof shall be installed with each closure device secured in the 
closed position except as follows:
    (i) Opening of closure devices or removal of the fixed roof is 
allowed at the following times:
    (A) To provide access to the tank for performing routine inspection, 
maintenance, or other activities needed for normal operations. Examples 
of such activities include those times when a worker needs to open a 
port to sample the liquid in the tank, or when a worker needs to open a 
hatch to maintain or repair equipment. Following completion of the 
activity, the remanufacturer or other person that stores or treats the 
hazardous secondary material shall promptly secure the closure device in 
the closed position or reinstall the cover, as applicable, to the tank.
    (B) To remove accumulated sludge or other residues from the bottom 
of tank.
    (ii) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the tank internal pressure in accordance with the tank 
design specifications. The device shall be designed to operate with no 
detectable organic emissions when the device is secured in the closed 
position. The settings at which the device opens shall be established 
such that the device remains in the closed position whenever the tank 
internal pressure is within the internal pressure operating range 
determined by the remanufacturer or other person that stores or treats 
the hazardous secondary material based on the tank manufacturer 
recommendations, applicable regulations, fire protection and prevention 
codes, standard engineering codes and practices, or other requirements 
for the safe handling of flammable, ignitable, explosive, reactive, or 
hazardous materials. Examples of normal operating conditions that may 
require these devices to open are during those times when the tank 
internal pressure exceeds the internal pressure operating range for the 
tank as a result of loading operations or diurnal ambient temperature 
fluctuations.
    (iii) Opening of a safety device, as defined in Sec. 261.1081, is 
allowed at any time conditions require doing so to avoid an unsafe 
condition.
    (4) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall inspect the air emission control 
equipment in accordance with the following requirements.
    (i) The fixed roof and its closure devices shall be visually 
inspected by the remanufacturer or other person that stores or treats 
the hazardous secondary material to check for defects that could result 
in air pollutant emissions. Defects include, but are not limited to, 
visible cracks, holes, or gaps in the roof sections or between the roof 
and the tank wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (ii) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall perform an initial inspection of the 
fixed roof and its closure devices on or before the date

[[Page 195]]

that the tank becomes subject to this section. Thereafter, the 
remanufacturer or other person that stores or treats the hazardous 
secondary material shall perform the inspections at least once every 
year except under the special conditions provided for in paragraph (l) 
of this section.
    (iii) In the event that a defect is detected, the remanufacturer or 
other person that stores or treats the hazardous secondary material 
shall repair the defect in accordance with the requirements of paragraph 
(k) of this section.
    (iv) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 261.1089(b) of 
this subpart.
    (d) Remanufacturers or other persons that store or treat the 
hazardous secondary material controlling air pollutant emissions from a 
tank using Tank Level 2 controls shall use one of the following tanks:
    (1) A fixed-roof tank equipped with an internal floating roof in 
accordance with the requirements specified in paragraph (e) of this 
section;
    (2) A tank equipped with an external floating roof in accordance 
with the requirements specified in paragraph (f) of this section;
    (3) A tank vented through a closed-vent system to a control device 
in accordance with the requirements specified in paragraph (g) of this 
section;
    (4) A pressure tank designed and operated in accordance with the 
requirements specified in paragraph (h) of this section; or
    (5) A tank located inside an enclosure that is vented through a 
closed-vent system to an enclosed combustion control device in 
accordance with the requirements specified in paragraph (i) of this 
section.
    (e) The remanufacturer or other person that stores or treats the 
hazardous secondary material who controls air pollutant emissions from a 
tank using a fixed roof with an internal floating roof shall meet the 
requirements specified in paragraphs (e)(1) through (3) of this section.
    (1) The tank shall be equipped with a fixed roof and an internal 
floating roof in accordance with the following requirements:
    (i) The internal floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The internal floating roof shall be equipped with a continuous 
seal between the wall of the tank and the floating roof edge that meets 
either of the following requirements:
    (A) A single continuous seal that is either a liquid-mounted seal or 
a metallic shoe seal, as defined in Sec. 261.1081; or
    (B) Two continuous seals mounted one above the other. The lower seal 
may be a vapor-mounted seal.
    (iii) The internal floating roof shall meet the following 
specifications:
    (A) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and the rim space vents 
is to provide a projection below the liquid surface.
    (B) Each opening in the internal floating roof shall be equipped 
with a gasketed cover or a gasketed lid except for leg sleeves, 
automatic bleeder vents, rim space vents, column wells, ladder wells, 
sample wells, and stub drains.
    (C) Each penetration of the internal floating roof for the purpose 
of sampling shall have a slit fabric cover that covers at least 90 
percent of the opening.
    (D) Each automatic bleeder vent and rim space vent shall be 
gasketed.
    (E) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (F) Each penetration of the internal floating roof that allows for 
passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (2) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall operate the tank in accordance with 
the following requirements:
    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be completed as soon as practical.

[[Page 196]]

    (ii) Automatic bleeder vents are to be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (iii) Prior to filling the tank, each cover, access hatch, gauge 
float well or lid on any opening in the internal floating roof shall be 
bolted or fastened closed (i.e., no visible gaps). Rim space vents are 
to be set to open only when the internal floating roof is not floating 
or when the pressure beneath the rim exceeds the manufacturer's 
recommended setting.
    (3) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall inspect the internal floating roof in 
accordance with the procedures specified as follows:
    (i) The floating roof and its closure devices shall be visually 
inspected by the remanufacture or other person that stores or treats the 
hazardous secondary material to check for defects that could result in 
air pollutant emissions. Defects include, but are not limited to: The 
internal floating roof is not floating on the surface of the liquid 
inside the tank; liquid has accumulated on top of the internal floating 
roof; any portion of the roof seals have detached from the roof rim; 
holes, tears, or other openings are visible in the seal fabric; the 
gaskets no longer close off the hazardous secondary material surface 
from the atmosphere; or the slotted membrane has more than 10 percent 
open area.
    (ii) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall inspect the internal floating roof 
components as follows except as provided in paragraph (e)(3)(iii) of 
this section:
    (A) Visually inspect the internal floating roof components through 
openings on the fixed-roof (e.g., manholes and roof hatches) at least 
once every 12 months after initial fill, and
    (B) Visually inspect the internal floating roof, primary seal, 
secondary seal (if one is in service), gaskets, slotted membranes, and 
sleeve seals (if any) each time the tank is emptied and degassed and at 
least every 10 years.
    (iii) As an alternative to performing the inspections specified in 
paragraph (e)(3)(ii) of this section for an internal floating roof 
equipped with two continuous seals mounted one above the other, the 
remanufacturer or other person that stores or treats the hazardous 
secondary material may visually inspect the internal floating roof, 
primary and secondary seals, gaskets, slotted membranes, and sleeve 
seals (if any) each time the tank is emptied and degassed and at least 
every five years.
    (iv) Prior to each inspection required by paragraph (e)(3)(ii) or 
(iii) of this section, the remanufacturer or other person that stores or 
treats the hazardous secondary material shall notify the Regional 
Administrator in advance of each inspection to provide the Regional 
Administrator with the opportunity to have an observer present during 
the inspection. The remanufacturer or other person that stores or treats 
the hazardous secondary material shall notify the Regional Administrator 
of the date and location of the inspection as follows:
    (A) Prior to each visual inspection of an internal floating roof in 
a tank that has been emptied and degassed, written notification shall be 
prepared and sent by the remanufacturer or other person that stores or 
treats the hazardous secondary material so that it is received by the 
Regional Administrator at least 30 calendar days before refilling the 
tank except when an inspection is not planned as provided for in 
paragraph (e)(3)(iv)(B) of this section.
    (B) When a visual inspection is not planned and the remanufacturer 
or other person that stores or treats the hazardous secondary material 
could not have known about the inspection 30 calendar days before 
refilling the tank, the remanufacturer or other person that stores or 
treats the hazardous secondary material shall notify the Regional 
Administrator as soon as possible, but no later than seven calendar days 
before refilling of the tank. This notification may be made by telephone 
and immediately followed by a written explanation for why the inspection 
is unplanned. Alternatively, written notification, including the 
explanation for the unplanned inspection, may be sent so that it is 
received by the Regional Administrator at least seven calendar days 
before refilling the tank.

[[Page 197]]

    (v) In the event that a defect is detected, the remanufacturer or 
other person that stores or treats the hazardous secondary material 
shall repair the defect in accordance with the requirements of paragraph 
(k) of this section.
    (vi) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 261.1089(b) of 
this subpart.
    (4) Safety devices, as defined in Sec. 261.1081, may be installed 
and operated as necessary on any tank complying with the requirements of 
paragraph (e) of this section.
    (f) The remanufacturer or other person that stores or treats the 
hazardous secondary material who controls air pollutant emissions from a 
tank using an external floating roof shall meet the requirements 
specified in paragraphs (f)(1) through (3) of this section.
    (1) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall design the external floating roof in 
accordance with the following requirements:
    (i) The external floating roof shall be designed to float on the 
liquid surface except when the floating roof must be supported by the 
leg supports.
    (ii) The floating roof shall be equipped with two continuous seals, 
one above the other, between the wall of the tank and the roof edge. The 
lower seal is referred to as the primary seal, and the upper seal is 
referred to as the secondary seal.
    (A) The primary seal shall be a liquid-mounted seal or a metallic 
shoe seal, as defined in 40 CFR 261.1081. The total area of the gaps 
between the tank wall and the primary seal shall not exceed 212 square 
centimeters (cm\2\) per meter of tank diameter, and the width of any 
portion of these gaps shall not exceed 3.8 centimeters (cm). If a 
metallic shoe seal is used for the primary seal, the metallic shoe seal 
shall be designed so that one end extends into the liquid in the tank 
and the other end extends a vertical distance of at least 61 centimeters 
above the liquid surface.
    (B) The secondary seal shall be mounted above the primary seal and 
cover the annular space between the floating roof and the wall of the 
tank. The total area of the gaps between the tank wall and the secondary 
seal shall not exceed 21.2 square centimeters (cm\2\) per meter of tank 
diameter, and the width of any portion of these gaps shall not exceed 
1.3 centimeters (cm).
    (iii) The external floating roof shall meet the following 
specifications:
    (A) Except for automatic bleeder vents (vacuum breaker vents) and 
rim space vents, each opening in a noncontact external floating roof 
shall provide a projection below the liquid surface.
    (B) Except for automatic bleeder vents, rim space vents, roof 
drains, and leg sleeves, each opening in the roof shall be equipped with 
a gasketed cover, seal, or lid.
    (C) Each access hatch and each gauge float well shall be equipped 
with a cover designed to be bolted or fastened when the cover is secured 
in the closed position.
    (D) Each automatic bleeder vent and each rim space vent shall be 
equipped with a gasket.
    (E) Each roof drain that empties into the liquid managed in the tank 
shall be equipped with a slotted membrane fabric cover that covers at 
least 90 percent of the area of the opening.
    (F) Each unslotted and slotted guide pole well shall be equipped 
with a gasketed sliding cover or a flexible fabric sleeve seal.
    (G) Each unslotted guide pole shall be equipped with a gasketed cap 
on the end of the pole.
    (H) Each slotted guide pole shall be equipped with a gasketed float 
or other device which closes off the liquid surface from the atmosphere.
    (I) Each gauge hatch and each sample well shall be equipped with a 
gasketed cover.
    (2) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall operate the tank in accordance with 
the following requirements:
    (i) When the floating roof is resting on the leg supports, the 
process of filling, emptying, or refilling shall be continuous and shall 
be completed as soon as practical.
    (ii) Except for automatic bleeder vents, rim space vents, roof 
drains, and

[[Page 198]]

leg sleeves, each opening in the roof shall be secured and maintained in 
a closed position at all times except when the closure device must be 
open for access.
    (iii) Covers on each access hatch and each gauge float well shall be 
bolted or fastened when secured in the closed position.
    (iv) Automatic bleeder vents shall be set closed at all times when 
the roof is floating, except when the roof is being floated off or is 
being landed on the leg supports.
    (v) Rim space vents shall be set to open only at those times that 
the roof is being floated off the roof leg supports or when the pressure 
beneath the rim seal exceeds the manufacturer's recommended setting.
    (vi) The cap on the end of each unslotted guide pole shall be 
secured in the closed position at all times except when measuring the 
level or collecting samples of the liquid in the tank.
    (vii) The cover on each gauge hatch or sample well shall be secured 
in the closed position at all times except when the hatch or well must 
be opened for access.
    (viii) Both the primary seal and the secondary seal shall completely 
cover the annular space between the external floating roof and the wall 
of the tank in a continuous fashion except during inspections.
    (3) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall inspect the external floating roof in 
accordance with the procedures specified as follows:
    (i) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall measure the external floating roof 
seal gaps in accordance with the following requirements:
    (A) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall perform measurements of gaps between 
the tank wall and the primary seal within 60 calendar days after initial 
operation of the tank following installation of the floating roof and, 
thereafter, at least once every 5 years.
    (B) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall perform measurements of gaps between 
the tank wall and the secondary seal within 60 calendar days after 
initial operation of the tank following installation of the floating 
roof and, thereafter, at least once every year.
    (C) If a tank ceases to hold hazardous secondary material for a 
period of 1 year or more, subsequent introduction of hazardous secondary 
material into the tank shall be considered an initial operation for the 
purposes of paragraphs (f)(3)(i)(A) and (B) of this section.
    (D) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall determine the total surface area of 
gaps in the primary seal and in the secondary seal individually using 
the following procedure:
    (1) The seal gap measurements shall be performed at one or more 
floating roof levels when the roof is floating off the roof supports.
    (2) Seal gaps, if any, shall be measured around the entire perimeter 
of the floating roof in each place where a 0.32-centimeter (cm) diameter 
uniform probe passes freely (without forcing or binding against the 
seal) between the seal and the wall of the tank and measure the 
circumferential distance of each such location.
    (3) For a seal gap measured under paragraph (f)(3) of this section, 
the gap surface area shall be determined by using probes of various 
widths to measure accurately the actual distance from the tank wall to 
the seal and multiplying each such width by its respective 
circumferential distance.
    (4) The total gap area shall be calculated by adding the gap surface 
areas determined for each identified gap location for the primary seal 
and the secondary seal individually, and then dividing the sum for each 
seal type by the nominal diameter of the tank. These total gap areas for 
the primary seal and secondary seal are then compared to the respective 
standards for the seal type as specified in paragraph (f)(1)(ii) of this 
section.
    (E) In the event that the seal gap measurements do not conform to 
the specifications in paragraph (f)(1)(ii) of this section, the 
remanufacturer or

[[Page 199]]

other person that stores or treats the hazardous secondary material 
shall repair the defect in accordance with the requirements of paragraph 
(k) of this section.
    (F) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 261.1089(b) of 
this subpart.
    (ii) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall visually inspect the external 
floating roof in accordance with the following requirements:
    (A) The floating roof and its closure devices shall be visually 
inspected by the remanufacturer or other person that stores or treats 
the hazardous secondary material to check for defects that could result 
in air pollutant emissions. Defects include, but are not limited to: 
Holes, tears, or other openings in the rim seal or seal fabric of the 
floating roof; a rim seal detached from the floating roof; all or a 
portion of the floating roof deck being submerged below the surface of 
the liquid in the tank; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing hatches, access 
covers, caps, or other closure devices.
    (B) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall perform an initial inspection of the 
external floating roof and its closure devices on or before the date 
that the tank becomes subject to this section. Thereafter, the 
remanufacturer or other person that stores or treats the hazardous 
secondary material shall perform the inspections at least once every 
year except for the special conditions provided for in paragraph (l) of 
this section.
    (C) In the event that a defect is detected, the remanufacturer or 
other person that stores or treats the hazardous secondary material 
shall repair the defect in accordance with the requirements of paragraph 
(k) of this section.
    (D) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 261.1089(b) of 
this subpart.
    (iii) Prior to each inspection required by paragraph (f)(3)(i) or 
(ii) of this section, the remanufacturer or other person that stores or 
treats the hazardous secondary material shall notify the Regional 
Administrator in advance of each inspection to provide the Regional 
Administrator with the opportunity to have an observer present during 
the inspection. The remanufacturer or other person that stores or treats 
the hazardous secondary material shall notify the Regional Administrator 
of the date and location of the inspection as follows:
    (A) Prior to each inspection to measure external floating roof seal 
gaps as required under paragraph (f)(3)(i) of this section, written 
notification shall be prepared and sent by the remanufacturer or other 
person that stores or treats the hazardous secondary material so that it 
is received by the Regional Administrator at least 30 calendar days 
before the date the measurements are scheduled to be performed.
    (B) Prior to each visual inspection of an external floating roof in 
a tank that has been emptied and degassed, written notification shall be 
prepared and sent by the remanufacturer or other person that stores or 
treats the hazardous secondary material so that it is received by the 
Regional Administrator at least 30 calendar days before refilling the 
tank except when an inspection is not planned as provided for in 
paragraph (f)(3)(iii)(C) of this section.
    (C) When a visual inspection is not planned and the remanufacturer 
or other person that stores or treats the hazardous secondary material 
could not have known about the inspection 30 calendar days before 
refilling the tank, the owner or operator shall notify the Regional 
Administrator as soon as possible, but no later than seven calendar days 
before refilling of the tank. This notification may be made by telephone 
and immediately followed by a written explanation for why the inspection 
is unplanned. Alternatively, written notification, including the 
explanation for the unplanned inspection, may be sent so that it is 
received by the Regional

[[Page 200]]

Administrator at least seven calendar days before refilling the tank.
    (4) Safety devices, as defined in Sec. 261.1081, may be installed 
and operated as necessary on any tank complying with the requirements of 
paragraph (f) of this section.
    (g) The remanufacturer or other person that stores or treats the 
hazardous secondary material who controls air pollutant emissions from a 
tank by venting the tank to a control device shall meet the requirements 
specified in paragraphs (g)(1) through (3) of this section.
    (1) The tank shall be covered by a fixed roof and vented directly 
through a closed-vent system to a control device in accordance with the 
following requirements:
    (i) The fixed roof and its closure devices shall be designed to form 
a continuous barrier over the entire surface area of the liquid in the 
tank.
    (ii) Each opening in the fixed roof not vented to the control device 
shall be equipped with a closure device. If the pressure in the vapor 
headspace underneath the fixed roof is less than atmospheric pressure 
when the control device is operating, the closure devices shall be 
designed to operate such that when the closure device is secured in the 
closed position there are no visible cracks, holes, gaps, or other open 
spaces in the closure device or between the perimeter of the cover 
opening and the closure device. If the pressure in the vapor headspace 
underneath the fixed roof is equal to or greater than atmospheric 
pressure when the control device is operating, the closure device shall 
be designed to operate with no detectable organic emissions.
    (iii) The fixed roof and its closure devices shall be made of 
suitable materials that will minimize exposure of the hazardous 
secondary material to the atmosphere, to the extent practical, and will 
maintain the integrity of the fixed roof and closure devices throughout 
their intended service life. Factors to be considered when selecting the 
materials for and designing the fixed roof and closure devices shall 
include: Organic vapor permeability, the effects of any contact with the 
liquid and its vapor managed in the tank; the effects of outdoor 
exposure to wind, moisture, and sunlight; and the operating practices 
used for the tank on which the fixed roof is installed.
    (iv) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 261.1087 of this 
subpart.
    (2) Whenever a hazardous secondary material is in the tank, the 
fixed roof shall be installed with each closure device secured in the 
closed position and the vapor headspace underneath the fixed roof vented 
to the control device except as follows:
    (i) Venting to the control device is not required, and opening of 
closure devices or removal of the fixed roof is allowed at the following 
times:
    (A) To provide access to the tank for performing routine inspection, 
maintenance, or other activities needed for normal operations. Examples 
of such activities include those times when a worker needs to open a 
port to sample liquid in the tank, or when a worker needs to open a 
hatch to maintain or repair equipment. Following completion of the 
activity, the remanufacturer or other person that stores or treats the 
hazardous secondary material shall promptly secure the closure device in 
the closed position or reinstall the cover, as applicable, to the tank.
    (B) To remove accumulated sludge or other residues from the bottom 
of a tank.
    (ii) Opening of a safety device, as defined in Sec. 261.1081, is 
allowed at any time conditions require doing so to avoid an unsafe 
condition.
    (3) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall inspect and monitor the air emission 
control equipment in accordance with the following procedures:
    (i) The fixed roof and its closure devices shall be visually 
inspected by the remanufacturer or other person that stores or treats 
the hazardous secondary material to check for defects that could result 
in air pollutant emissions. Defects include, but are not limited to, 
visible cracks, holes, or gaps in the roof sections or between the roof 
and the tank wall; broken, cracked, or otherwise damaged seals or 
gaskets on closure devices; and broken or missing

[[Page 201]]

hatches, access covers, caps, or other closure devices.
    (ii) The closed-vent system and control device shall be inspected 
and monitored by the remanufacturer or other person that stores or 
treats the hazardous secondary material in accordance with the 
procedures specified in Sec. 261.1087 of this subpart.
    (iii) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall perform an initial inspection of the 
air emission control equipment on or before the date that the tank 
becomes subject to this section. Thereafter, the remanufacturer or other 
person that stores or treats the hazardous secondary material shall 
perform the inspections at least once every year except for the special 
conditions provided for in paragraph (l) of this section.
    (iv) In the event that a defect is detected, the remanufacture or 
other person that stores or treats the hazardous secondary material 
shall repair the defect in accordance with the requirements of paragraph 
(k) of this section.
    (v) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall maintain a record of the inspection 
in accordance with the requirements specified in Sec. 261.1089(b) of 
this subpart.
    (h) The remanufacturer or other person that stores or treats the 
hazardous secondary material who controls air pollutant emissions by 
using a pressure tank shall meet the following requirements.
    (1) The tank shall be designed not to vent to the atmosphere as a 
result of compression of the vapor headspace in the tank during filling 
of the tank to its design capacity.
    (2) All tank openings shall be equipped with closure devices 
designed to operate with no detectable organic emissions as determined 
using the procedure specified in Sec. 261.1083(d) of this subpart.
    (3) Whenever a hazardous secondary material is in the tank, the tank 
shall be operated as a closed system that does not vent to the 
atmosphere except under either or the following conditions as specified 
in paragraph (h)(3)(i) or (h)(3)(ii) of this section.
    (i) At those times when opening of a safety device, as defined in 
Sec. 261.1081 of this subpart, is required to avoid an unsafe condition.
    (ii) At those times when purging of inerts from the tank is required 
and the purge stream is routed to a closed-vent system and control 
device designed and operated in accordance with the requirements of 
Sec. 261.1087 of this subpart.
    (i) The remanufacturer or other person that stores or treats the 
hazardous secondary material who controls air pollutant emissions by 
using an enclosure vented through a closed-vent system to an enclosed 
combustion control device shall meet the requirements specified in 
paragraphs (i)(1) through (4) of this section.
    (1) The tank shall be located inside an enclosure. The enclosure 
shall be designed and operated in accordance with the criteria for a 
permanent total enclosure as specified in ``Procedure T--Criteria for 
and Verification of a Permanent or Temporary Total Enclosure'' under 40 
CFR 52.741, appendix B. The enclosure may have permanent or temporary 
openings to allow worker access; passage of material into or out of the 
enclosure by conveyor, vehicles, or other mechanical means; entry of 
permanent mechanical or electrical equipment; or direct airflow into the 
enclosure. The remanufacturer or other person that stores or treats the 
hazardous secondary material shall perform the verification procedure 
for the enclosure as specified in Section 5.0 to ``Procedure T--Criteria 
for and Verification of a Permanent or Temporary Total Enclosure'' 
initially when the enclosure is first installed and, thereafter, 
annually.
    (2) The enclosure shall be vented through a closed-vent system to an 
enclosed combustion control device that is designed and operated in 
accordance with the standards for either a vapor incinerator, boiler, or 
process heater specified in Sec. 261.1087 of this subpart.
    (3) Safety devices, as defined in Sec. 261.1081, may be installed 
and operated as necessary on any enclosure, closed-vent system, or 
control device used to comply with the requirements of paragraphs (i)(1) 
and (2) of this section.

[[Page 202]]

    (4) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall inspect and monitor the closed-vent 
system and control device as specified in Sec. 261.1087 of this subpart.
    (j) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall transfer hazardous secondary material 
to a tank subject to this section in accordance with the following 
requirements:
    (1) Transfer of hazardous secondary material, except as provided in 
paragraph (j)(2) of this section, to the tank from another tank subject 
to this section shall be conducted using continuous hard-piping or 
another closed system that does not allow exposure of the hazardous 
secondary material to the atmosphere. For the purpose of complying with 
this provision, an individual drain system is considered to be a closed 
system when it meets the requirements of 40 CFR part 63, subpart RR--
National Emission Standards for Individual Drain Systems.
    (2) The requirements of paragraph (j)(1) of this section do not 
apply when transferring a hazardous secondary material to the tank under 
any of the following conditions:
    (i) The hazardous secondary material meets the average VO 
concentration conditions specified in Sec. 261.1082(c)(1) of this 
subpart at the point of material origination.
    (ii) The hazardous secondary material has been treated by an organic 
destruction or removal process to meet the requirements in 
Sec. 261.1082(c)(2) of this subpart.
    (iii) The hazardous secondary material meets the requirements of 
Sec. 261.1082(c)(4) of this subpart.
    (k) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall repair each defect detected during an 
inspection performed in accordance with the requirements of paragraph 
(c)(4), (e)(3), (f)(3), or (g)(3) of this section as follows:
    (1) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall make first efforts at repair of the 
defect no later than 5 calendar days after detection, and repair shall 
be completed as soon as possible but no later than 45 calendar days 
after detection except as provided in paragraph (k)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if the 
remanufacturer or other person that stores or treats the hazardous 
secondary material determines that repair of the defect requires 
emptying or temporary removal from service of the tank and no 
alternative tank capacity is available at the site to accept the 
hazardous secondary material normally managed in the tank. In this case, 
the remanufacturer or other person that stores or treats the hazardous 
secondary material shall repair the defect the next time the process or 
unit that is generating the hazardous secondary material managed in the 
tank stops operation. Repair of the defect shall be completed before the 
process or unit resumes operation.
    (l) Following the initial inspection and monitoring of the cover as 
required by the applicable provisions of this subpart, subsequent 
inspection and monitoring may be performed at intervals longer than 1 
year under the following special conditions:
    (1) In the case when inspecting or monitoring the cover would expose 
a worker to dangerous, hazardous, or other unsafe conditions, then the 
remanufacturer or other person that stores or treats the hazardous 
secondary material may designate a cover as an ``unsafe to inspect and 
monitor cover'' and comply with all of the following requirements:
    (i) Prepare a written explanation for the cover stating the reasons 
why the cover is unsafe to visually inspect or to monitor, if required.
    (ii) Develop and implement a written plan and schedule to inspect 
and monitor the cover, using the procedures specified in the applicable 
section of this subpart, as frequently as practicable during those times 
when a worker can safely access the cover.
    (2) In the case when a tank is buried partially or entirely 
underground, a remanufacturer or other person that stores or treats the 
hazardous secondary material is required to inspect and monitor, as 
required by the applicable provisions of this section, only

[[Page 203]]

those portions of the tank cover and those connections to the tank 
(e.g., fill ports, access hatches, gauge wells, etc.) that are located 
on or above the ground surface.



Sec. 261.1085  [Reserved]



Sec. 261.1086  Standards: containers.

    (a) Applicability. The provisions of this section apply to the 
control of air pollutant emissions from containers for which 
Sec. 261.1082(b) of this subpart references the use of this section for 
such air emission control.
    (b) General requirements. (1) The remanufacturer or other person 
that stores or treats the hazardous secondary material shall control air 
pollutant emissions from each container subject to this section in 
accordance with the following requirements, as applicable to the 
container.
    (i) For a container having a design capacity greater than 0.1 m\3\ 
and less than or equal to 0.46 m\3\, the remanufacturer or other person 
that stores or treats the hazardous secondary material shall control air 
pollutant emissions from the container in accordance with the Container 
Level 1 standards specified in paragraph (c) of this section.
    (ii) For a container having a design capacity greater than 0.46 m\3\ 
that is not in light material service, the remanufacturer or other 
person that stores or treats the hazardous secondary material shall 
control air pollutant emissions from the container in accordance with 
the Container Level 1 standards specified in paragraph (c) of this 
section.
    (iii) For a container having a design capacity greater than 0.46 
m\3\ that is in light material service, the remanufacturer or other 
person that stores or treats the hazardous secondary material shall 
control air pollutant emissions from the container in accordance with 
the Container Level 2 standards specified in paragraph (d) of this 
section.
    (2) [Reserved]
    (c) Container Level 1 standards. (1) A container using Container 
Level 1 controls is one of the following:
    (i) A container that meets the applicable U.S. Department of 
Transportation (DOT) regulations on packaging hazardous materials for 
transportation as specified in paragraph (f) of this section.
    (ii) A container equipped with a cover and closure devices that form 
a continuous barrier over the container openings such that when the 
cover and closure devices are secured in the closed position there are 
no visible holes, gaps, or other open spaces into the interior of the 
container. The cover may be a separate cover installed on the container 
(e.g., a lid on a drum or a suitably secured tarp on a roll-off box) or 
may be an integral part of the container structural design (e.g., a 
``portable tank'' or bulk cargo container equipped with a screw-type 
cap).
    (iii) An open-top container in which an organic-vapor suppressing 
barrier is placed on or over the hazardous secondary material in the 
container such that no hazardous secondary material is exposed to the 
atmosphere. One example of such a barrier is application of a suitable 
organic-vapor suppressing foam.
    (2) A container used to meet the requirements of paragraph 
(c)(1)(ii) or (iii) of this section shall be equipped with covers and 
closure devices, as applicable to the container, that are composed of 
suitable materials to minimize exposure of the hazardous secondary 
material to the atmosphere and to maintain the equipment integrity, for 
as long as the container is in service. Factors to be considered in 
selecting the materials of construction and designing the cover and 
closure devices shall include: Organic vapor permeability; the effects 
of contact with the hazardous secondary material or its vapor managed in 
the container; the effects of outdoor exposure of the closure device or 
cover material to wind, moisture, and sunlight; and the operating 
practices for which the container is intended to be used.
    (3) Whenever a hazardous secondary material is in a container using 
Container Level 1 controls, the remanufacturer or other person that 
stores or treats the hazardous secondary material shall install all 
covers and closure devices for the container, as applicable

[[Page 204]]

to the container, and secure and maintain each closure device in the 
closed position except as follows:
    (i) Opening of a closure device or cover is allowed for the purpose 
of adding hazardous secondary material or other material to the 
container as follows:
    (A) In the case when the container is filled to the intended final 
level in one continuous operation, the remanufacturer or other person 
that stores or treats the hazardous secondary material shall promptly 
secure the closure devices in the closed position and install the 
covers, as applicable to the container, upon conclusion of the filling 
operation.
    (B) In the case when discrete quantities or batches of material 
intermittently are added to the container over a period of time, the 
remanufacturer or other person that stores or treats the hazardous 
secondary material shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, upon 
either the container being filled to the intended final level; the 
completion of a batch loading after which no additional material will be 
added to the container within 15 minutes; the person performing the 
loading operation leaving the immediate vicinity of the container; or 
the shutdown of the process generating the hazardous secondary material 
being added to the container, whichever condition occurs first.
    (ii) Opening of a closure device or cover is allowed for the purpose 
of removing hazardous secondary material from the container as follows:
    (A) For the purpose of meeting the requirements of this section, an 
empty hazardous secondary material container may be open to the 
atmosphere at any time (i.e., covers and closure devices on such a 
container are not required to be secured in the closed position).
    (B) In the case when discrete quantities or batches of material are 
removed from the container, but the container is not an empty hazardous 
secondary material container, the remanufacturer or other person that 
stores or treats the hazardous secondary material shall promptly secure 
the closure devices in the closed position and install covers, as 
applicable to the container, upon the completion of a batch removal 
after which no additional material will be removed from the container 
within 15 minutes or the person performing the unloading operation 
leaves the immediate vicinity of the container, whichever condition 
occurs first.
    (iii) Opening of a closure device or cover is allowed when access 
inside the container is needed to perform routine activities other than 
transfer of hazardous secondary material. Examples of such activities 
include those times when a worker needs to open a port to measure the 
depth of or sample the material in the container, or when a worker needs 
to open a manhole hatch to access equipment inside the container. 
Following completion of the activity, the remanufacturer or other person 
that stores or treats the hazardous secondary material shall promptly 
secure the closure device in the closed position or reinstall the cover, 
as applicable to the container.
    (iv) Opening of a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for the purpose of 
maintaining the internal pressure of the container in accordance with 
the container design specifications. The device shall be designed to 
operate with no detectable organic emissions when the device is secured 
in the closed position. The settings at which the device opens shall be 
established such that the device remains in the closed position whenever 
the internal pressure of the container is within the internal pressure 
operating range determined by the remanufacturer or other persons that 
stores or treats the hazardous secondary material based on container 
manufacturer recommendations, applicable regulations, fire protection 
and prevention codes, standard engineering codes and practices, or other 
requirements for the safe handling of flammable, ignitable, explosive, 
reactive, or hazardous materials. Examples of normal operating 
conditions that may require these devices to open are during those times 
when the internal pressure of the container exceeds the internal 
pressure operating

[[Page 205]]

range for the container as a result of loading operations or diurnal 
ambient temperature fluctuations.
    (v) Opening of a safety device, as defined in 40 CFR 261.1081, is 
allowed at any time conditions require doing so to avoid an unsafe 
condition.
    (4) The remanufacturer or other person that stores or treats the 
hazardous secondary material using containers with Container Level 1 
controls shall inspect the containers and their covers and closure 
devices as follows:
    (i) In the case when a hazardous secondary material already is in 
the container at the time the remanufacturer or other person that stores 
or treats the hazardous secondary material first accepts possession of 
the container at the facility and the container is not emptied within 24 
hours after the container is accepted at the facility (i.e., is not an 
empty hazardous secondary material container) the remanufacturer or 
other person that stores or treats the hazardous secondary material 
shall visually inspect the container and its cover and closure devices 
to check for visible cracks, holes, gaps, or other open spaces into the 
interior of the container when the cover and closure devices are secured 
in the closed position. The container visual inspection shall be 
conducted on or before the date that the container is accepted at the 
facility (i.e., the date the container becomes subject to the subpart CC 
container standards).
    (ii) In the case when a container used for managing hazardous 
secondary material remains at the facility for a period of 1 year or 
more, the remanufacturer or other person that stores or treats the 
hazardous secondary material shall visually inspect the container and 
its cover and closure devices initially and thereafter, at least once 
every 12 months, to check for visible cracks, holes, gaps, or other open 
spaces into the interior of the container when the cover and closure 
devices are secured in the closed position. If a defect is detected, the 
remanufacturer or other person that stores or treats the hazardous 
secondary material shall repair the defect in accordance with the 
requirements of paragraph (c)(4)(iii) of this section.
    (iii) When a defect is detected for the container, cover, or closure 
devices, the remanufacturer or other person that stores or treats the 
hazardous secondary material shall make first efforts at repair of the 
defect no later than 24 hours after detection and repair shall be 
completed as soon as possible but no later than 5 calendar days after 
detection. If repair of a defect cannot be completed within 5 calendar 
days, then the hazardous secondary material shall be removed from the 
container and the container shall not be used to manage hazardous 
secondary material until the defect is repaired.
    (5) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall maintain at the facility a copy of 
the procedure used to determine that containers with capacity of 0.46 
m\3\ or greater, which do not meet applicable DOT regulations as 
specified in paragraph (f) of this section, are not managing hazardous 
secondary material in light material service.
    (d) Container Level 2 standards. (1) A container using Container 
Level 2 controls is one of the following:
    (i) A container that meets the applicable U.S. Department of 
Transportation (DOT) regulations on packaging hazardous materials for 
transportation as specified in paragraph (f) of this section.
    (ii) A container that operates with no detectable organic emissions 
as defined in Sec. 261.1081 and determined in accordance with the 
procedure specified in paragraph (g) of this section.
    (iii) A container that has been demonstrated within the preceding 12 
months to be vapor-tight by using 40 CFR part 60, appendix A, Method 27 
in accordance with the procedure specified in paragraph (h) of this 
section.
    (2) Transfer of hazardous secondary material in or out of a 
container using Container Level 2 controls shall be conducted in such a 
manner as to minimize exposure of the hazardous secondary material to 
the atmosphere, to the extent practical, considering the physical 
properties of the hazardous secondary material and good engineering and 
safety practices for handling

[[Page 206]]

flammable, ignitable, explosive, reactive, or other hazardous materials. 
Examples of container loading procedures that the EPA considers to meet 
the requirements of this paragraph include using any one of the 
following: a submerged-fill pipe or other submerged-fill method to load 
liquids into the container; a vapor-balancing system or a vapor-recovery 
system to collect and control the vapors displaced from the container 
during filling operations; or a fitted opening in the top of a container 
through which the hazardous secondary material is filled and 
subsequently purging the transfer line before removing it from the 
container opening.
    (3) Whenever a hazardous secondary material is in a container using 
Container Level 2 controls, the remanufacturer or other person that 
stores or treats the hazardous secondary material shall install all 
covers and closure devices for the container, and secure and maintain 
each closure device in the closed position except as follows:
    (i) Opening of a closure device or cover is allowed for the purpose 
of adding hazardous secondary material or other material to the 
container as follows:
    (A) In the case when the container is filled to the intended final 
level in one continuous operation, the remanufacture or other person 
that stores or treats the hazardous secondary material shall promptly 
secure the closure devices in the closed position and install the 
covers, as applicable to the container, upon conclusion of the filling 
operation.
    (B) In the case when discrete quantities or batches of material 
intermittently are added to the container over a period of time, the 
remanufacturer or other person that stores or treats the hazardous 
secondary material shall promptly secure the closure devices in the 
closed position and install covers, as applicable to the container, upon 
either the container being filled to the intended final level; the 
completion of a batch loading after which no additional material will be 
added to the container within 15 minutes; the person performing the 
loading operation leaving the immediate vicinity of the container; or 
the shutdown of the process generating the material being added to the 
container, whichever condition occurs first.
    (ii) Opening of a closure device or cover is allowed for the purpose 
of removing hazardous secondary material from the container as follows:
    (A) For the purpose of meeting the requirements of this section, an 
empty hazardous secondary material container may be open to the 
atmosphere at any time (i.e., covers and closure devices are not 
required to be secured in the closed position on an empty container).
    (B) In the case when discrete quantities or batches of material are 
removed from the container, but the container is not an empty hazardous 
secondary materials container, the remanufacturer or other person that 
stores or treats the hazardous secondary material shall promptly secure 
the closure devices in the closed position and install covers, as 
applicable to the container, upon the completion of a batch removal 
after which no additional material will be removed from the container 
within 15 minutes or the person performing the unloading operation 
leaves the immediate vicinity of the container, whichever condition 
occurs first.
    (iii) Opening of a closure device or cover is allowed when access 
inside the container is needed to perform routine activities other than 
transfer of hazardous secondary material. Examples of such activities 
include those times when a worker needs to open a port to measure the 
depth of or sample the material in the container, or when a worker needs 
to open a manhole hatch to access equipment inside the container. 
Following completion of the activity, the remanufacturer or other person 
that stores or treats the hazardous secondary material shall promptly 
secure the closure device in the closed position or reinstall the cover, 
as applicable to the container.
    (iv) Opening of a spring-loaded, pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device which vents 
to the atmosphere is allowed during normal operations for

[[Page 207]]

the purpose of maintaining the internal pressure of the container in 
accordance with the container design specifications. The device shall be 
designed to operate with no detectable organic emission when the device 
is secured in the closed position. The settings at which the device 
opens shall be established such that the device remains in the closed 
position whenever the internal pressure of the container is within the 
internal pressure operating range determined by the remanufacturer or 
other person that stores or treats the hazardous secondary material 
based on container manufacturer recommendations, applicable regulations, 
fire protection and prevention codes, standard engineering codes and 
practices, or other requirements for the safe handling of flammable, 
ignitable, explosive, reactive, or hazardous materials. Examples of 
normal operating conditions that may require these devices to open are 
during those times when the internal pressure of the container exceeds 
the internal pressure operating range for the container as a result of 
loading operations or diurnal ambient temperature fluctuations.
    (v) Opening of a safety device, as defined in Sec. 261.1081, is 
allowed at any time conditions require doing so to avoid an unsafe 
condition.
    (4) The remanufacture or other person that stores or treats the 
hazardous secondary material using containers with Container Level 2 
controls shall inspect the containers and their covers and closure 
devices as follows:
    (i) In the case when a hazardous secondary material already is in 
the container at the time the remanufacturer or other person that stores 
or treats the hazardous secondary material first accepts possession of 
the container at the facility and the container is not emptied within 24 
hours after the container is accepted at the facility (i.e., is not an 
empty hazardous secondary material container), the remanufacturer or 
other person that stores or treats the hazardous secondary material 
shall visually inspect the container and its cover and closure devices 
to check for visible cracks, holes, gaps, or other open spaces into the 
interior of the container when the cover and closure devices are secured 
in the closed position. The container visual inspection shall be 
conducted on or before the date that the container is accepted at the 
facility (i.e., the date the container becomes subject to the subpart CC 
container standards).
    (ii) In the case when a container used for managing hazardous 
secondary material remains at the facility for a period of 1 year or 
more, the remanufacturer or other person that stores or treats the 
hazardous secondary material shall visually inspect the container and 
its cover and closure devices initially and thereafter, at least once 
every 12 months, to check for visible cracks, holes, gaps, or other open 
spaces into the interior of the container when the cover and closure 
devices are secured in the closed position. If a defect is detected, the 
remanufacturer or other person that stores or treats the hazardous 
secondary material shall repair the defect in accordance with the 
requirements of paragraph (d)(4)(iii) of this section.
    (iii) When a defect is detected for the container, cover, or closure 
devices, the remanufacturer or other person that stores or treats the 
hazardous secondary material shall make first efforts at repair of the 
defect no later than 24 hours after detection, and repair shall be 
completed as soon as possible but no later than 5 calendar days after 
detection. If repair of a defect cannot be completed within 5 calendar 
days, then the hazardous secondary material shall be removed from the 
container and the container shall not be used to manage hazardous 
secondary material until the defect is repaired.
    (e) Container Level 3 standards. (1) A container using Container 
Level 3 controls is one of the following:
    (i) A container that is vented directly through a closed-vent system 
to a control device in accordance with the requirements of paragraph 
(e)(2)(ii) of this section.
    (ii) A container that is vented inside an enclosure which is 
exhausted through a closed-vent system to a control device in accordance 
with the requirements of paragraphs (e)(2)(i) and (ii) of this section.
    (2) The remanufacturer or other person that stores or treats the 
hazardous

[[Page 208]]

secondary material shall meet the following requirements, as applicable 
to the type of air emission control equipment selected by the 
remanufacturer or other person that stores or treats the hazardous 
secondary material:
    (i) The container enclosure shall be designed and operated in 
accordance with the criteria for a permanent total enclosure as 
specified in ``Procedure T--Criteria for and Verification of a Permanent 
or Temporary Total Enclosure'' under 40 CFR 52.741, appendix B. The 
enclosure may have permanent or temporary openings to allow worker 
access; passage of containers through the enclosure by conveyor or other 
mechanical means; entry of permanent mechanical or electrical equipment; 
or direct airflow into the enclosure. The remanufacturer or other person 
that stores or treats the hazardous secondary material shall perform the 
verification procedure for the enclosure as specified in Section 5.0 to 
``Procedure T--Criteria for and Verification of a Permanent or Temporary 
Total Enclosure'' initially when the enclosure is first installed and, 
thereafter, annually.
    (ii) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec. 261.1087 of this 
subpart.
    (3) Safety devices, as defined in Sec. 261.1081, may be installed 
and operated as necessary on any container, enclosure, closed-vent 
system, or control device used to comply with the requirements of 
paragraph (e)(1) of this section.
    (4) Remanufacturers or other persons that store or treat the 
hazardous secondary material using Container Level 3 controls in 
accordance with the provisions of this subpart shall inspect and monitor 
the closed-vent systems and control devices as specified in 
Sec. 261.1087 of this subpart.
    (5) Remanufacturers or other persons that store or treat the 
hazardous secondary material that use Container Level 3 controls in 
accordance with the provisions of this subpart shall prepare and 
maintain the records specified in Sec. 261.1089(d) of this subpart.
    (6) Transfer of hazardous secondary material in or out of a 
container using Container Level 3 controls shall be conducted in such a 
manner as to minimize exposure of the hazardous secondary material to 
the atmosphere, to the extent practical, considering the physical 
properties of the hazardous secondary material and good engineering and 
safety practices for handling flammable, ignitable, explosive, reactive, 
or other hazardous materials. Examples of container loading procedures 
that the EPA considers to meet the requirements of this paragraph 
include using any one of the following: a submerged-fill pipe or other 
submerged-fill method to load liquids into the container; a vapor-
balancing system or a vapor-recovery system to collect and control the 
vapors displaced from the container during filling operations; or a 
fitted opening in the top of a container through which the hazardous 
secondary material is filled and subsequently purging the transfer line 
before removing it from the container opening.
    (f) For the purpose of compliance with paragraph (c)(1)(i) or 
(d)(1)(i) of this section, containers shall be used that meet the 
applicable U.S. Department of Transportation (DOT) regulations on 
packaging hazardous materials for transportation as follows:
    (1) The container meets the applicable requirements specified in 49 
CFR part 178 or part 179.
    (2) Hazardous secondary material is managed in the container in 
accordance with the applicable requirements specified in 49 CFR part 
107, subpart B and 49 CFR parts 172, 173, and 180.
    (3) For the purpose of complying with this subpart, no exceptions to 
the 49 CFR part 178 or part 179 regulations are allowed.
    (g) To determine compliance with the no detectable organic emissions 
requirement of paragraph (d)(1)(ii) of this section, the procedure 
specified in Sec. 261.1083(d) of this subpart shall be used.
    (1) Each potential leak interface (i.e., a location where organic 
vapor leakage could occur) on the container, its cover, and associated 
closure devices, as applicable to the container, shall be checked. 
Potential leak interfaces that are associated with containers include, 
but are not limited to: the interface of the cover rim and the container 
wall;

[[Page 209]]

the periphery of any opening on the container or container cover and its 
associated closure device; and the sealing seat interface on a spring-
loaded pressure-relief valve.
    (2) The test shall be performed when the container is filled with a 
material having a volatile organic concentration representative of the 
range of volatile organic concentrations for the hazardous secondary 
materials expected to be managed in this type of container. During the 
test, the container cover and closure devices shall be secured in the 
closed position.
    (h) Procedure for determining a container to be vapor-tight using 
Method 27 of 40 CFR part 60, appendix A for the purpose of complying 
with paragraph (d)(1)(iii) of this section.
    (1) The test shall be performed in accordance with Method 27 of 40 
CFR part 60, appendix A of this chapter.
    (2) A pressure measurement device shall be used that has a precision 
of [2.5 mm water and that is capable of measuring above the pressure at 
which the container is to be tested for vapor tightness.
    (3) If the test results determined by Method 27 indicate that the 
container sustains a pressure change less than or equal to 750 Pascals 
within 5 minutes after it is pressurized to a minimum of 4,500 Pascals, 
then the container is determined to be vapor-tight.



Sec. 261.1087  Standards: Closed-vent systems and control devices.

    (a) This section applies to each closed-vent system and control 
device installed and operated by the remanufacturer or other person who 
stores or treats the hazardous secondary material to control air 
emissions in accordance with standards of this subpart.
    (b) The closed-vent system shall meet the following requirements:
    (1) The closed-vent system shall route the gases, vapors, and fumes 
emitted from the hazardous secondary material in the hazardous secondary 
material management unit to a control device that meets the requirements 
specified in paragraph (c) of this section.
    (2) The closed-vent system shall be designed and operated in 
accordance with the requirements specified in Sec. 261.1033(k) of this 
part.
    (3) In the case when the closed-vent system includes bypass devices 
that could be used to divert the gas or vapor stream to the atmosphere 
before entering the control device, each bypass device shall be equipped 
with either a flow indicator as specified in paragraph (b)(3)(i) of this 
section or a seal or locking device as specified in paragraph (b)(3)(ii) 
of this section. For the purpose of complying with this paragraph, low 
leg drains, high point bleeds, analyzer vents, open-ended valves or 
lines, spring loaded pressure relief valves, and other fittings used for 
safety purposes are not considered to be bypass devices.
    (i) If a flow indicator is used to comply with paragraph (b)(3) of 
this section, the indicator shall be installed at the inlet to the 
bypass line used to divert gases and vapors from the closed-vent system 
to the atmosphere at a point upstream of the control device inlet. For 
this paragraph, a flow indicator means a device which indicates the 
presence of either gas or vapor flow in the bypass line.
    (ii) If a seal or locking device is used to comply with paragraph 
(b)(3) of this section, the device shall be placed on the mechanism by 
which the bypass device position is controlled (e.g., valve handle, 
damper lever) when the bypass device is in the closed position such that 
the bypass device cannot be opened without breaking the seal or removing 
the lock. Examples of such devices include, but are not limited to, a 
car-seal or a lock-and-key configuration valve. The remanufacturer or 
other person that stores or treats the hazardous secondary material 
shall visually inspect the seal or closure mechanism at least once every 
month to verify that the bypass mechanism is maintained in the closed 
position.
    (4) The closed-vent system shall be inspected and monitored by the 
remanufacturer or other person that stores or treats the hazardous 
secondary material in accordance with the procedure specified in 
Sec. 261.1033(l).
    (c) The control device shall meet the following requirements:
    (1) The control device shall be one of the following devices:

[[Page 210]]

    (i) A control device designed and operated to reduce the total 
organic content of the inlet vapor stream vented to the control device 
by at least 95 percent by weight;
    (ii) An enclosed combustion device designed and operated in 
accordance with the requirements of Sec. 261.1033(c) of this part; or
    (iii) A flare designed and operated in accordance with the 
requirements of Sec. 261.1033(d) of this part.
    (2) The remanufacturer or other person that stores or treats the 
hazardous secondary material who elects to use a closed-vent system and 
control device to comply with the requirements of this section shall 
comply with the requirements specified in paragraphs (c)(2)(i) through 
(vi) of this section.
    (i) Periods of planned routine maintenance of the control device, 
during which the control device does not meet the specifications of 
paragraph (c)(1)(i), (ii), or (iii) of this section, as applicable, 
shall not exceed 240 hours per year.
    (ii) The specifications and requirements in paragraphs (c)(1)(i) 
through (iii) of this section for control devices do not apply during 
periods of planned routine maintenance.
    (iii) The specifications and requirements in paragraphs (c)(1)(i) 
through (iii) of this section for control devices do not apply during a 
control device system malfunction.
    (iv) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall demonstrate compliance with the 
requirements of paragraph (c)(2)(i) of this section (i.e., planned 
routine maintenance of a control device, during which the control device 
does not meet the specifications of paragraph (c)(1)(i), (ii), or (iii) 
of this section, as applicable, shall not exceed 240 hours per year) by 
recording the information specified in Sec. 261.1089(e)(1)(v) of this 
subpart.
    (v) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall correct control device system 
malfunctions as soon as practicable after their occurrence in order to 
minimize excess emissions of air pollutants.
    (vi) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall operate the closed-vent system such 
that gases, vapors, or fumes are not actively vented to the control 
device during periods of planned maintenance or control device system 
malfunction (i.e., periods when the control device is not operating or 
not operating normally) except in cases when it is necessary to vent the 
gases, vapors, and/or fumes to avoid an unsafe condition or to implement 
malfunction corrective actions or planned maintenance actions.
    (3) The remanufacturer or other person that stores or treats the 
hazardous secondary material using a carbon adsorption system to comply 
with paragraph (c)(1) of this section shall operate and maintain the 
control device in accordance with the following requirements:
    (i) Following the initial startup of the control device, all 
activated carbon in the control device shall be replaced with fresh 
carbon on a regular basis in accordance with the requirements of 
Sec. 261.1033(g) or (h) of this part.
    (ii) All carbon that is hazardous waste and that is removed from the 
control device shall be managed in accordance with the requirements of 
Sec. 261.1033(n), regardless of the average volatile organic 
concentration of the carbon.
    (4) A remanufacturer or other person that stores or treats the 
hazardous secondary material using a control device other than a thermal 
vapor incinerator, flare, boiler, process heater, condenser, or carbon 
adsorption system to comply with paragraph (c)(1) of this section shall 
operate and maintain the control device in accordance with the 
requirements of Sec. 261.1033(j) of this part.
    (5) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall demonstrate that a control device 
achieves the performance requirements of paragraph (c)(1) of this 
section as follows:
    (i) A remanufacturer or other person that stores or treats the 
hazardous secondary material shall demonstrate using either a 
performance test as specified in paragraph (c)(5)(iii) of this section 
or a design analysis as specified in paragraph (c)(5)(iv) of this 
section the performance of each control device except for the following:
    (A) A flare;

[[Page 211]]

    (B) A boiler or process heater with a design heat input capacity of 
44 megawatts or greater;
    (C) A boiler or process heater into which the vent stream is 
introduced with the primary fuel;
    (ii) A remanufacturer or other person that stores or treats the 
hazardous secondary material shall demonstrate the performance of each 
flare in accordance with the requirements specified in Sec. 261.1033(e).
    (iii) For a performance test conducted to meet the requirements of 
paragraph (c)(5)(i) of this section, the remanufacturer or other person 
that stores or treats the hazardous secondary material shall use the 
test methods and procedures specified in Sec. 261.1034(c)(1) through 
(4).
    (iv) For a design analysis conducted to meet the requirements of 
paragraph (c)(5)(i) of this section, the design analysis shall meet the 
requirements specified in Sec. 261.1035(b)(4)(iii).
    (v) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall demonstrate that a carbon adsorption 
system achieves the performance requirements of paragraph (c)(1) of this 
section based on the total quantity of organics vented to the atmosphere 
from all carbon adsorption system equipment that is used for organic 
adsorption, organic desorption or carbon regeneration, organic recovery, 
and carbon disposal.
    (6) If the remanufacturer or other person that stores or treats the 
hazardous secondary material and the Regional Administrator do not agree 
on a demonstration of control device performance using a design analysis 
then the disagreement shall be resolved using the results of a 
performance test performed by the remanufacturer or other person that 
stores or treats the hazardous secondary material in accordance with the 
requirements of paragraph (c)(5)(iii) of this section. The Regional 
Administrator may choose to have an authorized representative observe 
the performance test.
    (7) The closed-vent system and control device shall be inspected and 
monitored by the remanufacture or other person that stores or treats the 
hazardous secondary material in accordance with the procedures specified 
in Sec. 261.1033(f)(2) and (l). The readings from each monitoring device 
required by Sec. 261.1033(f)(2) shall be inspected at least once each 
operating day to check control device operation. Any necessary 
corrective measures shall be immediately implemented to ensure the 
control device is operated in compliance with the requirements of this 
section.



Sec. 261.1088  Inspection and monitoring requirements.

    (a) The remanufacturer or other person that stores or treats the 
hazardous secondary material shall inspect and monitor air emission 
control equipment used to comply with this subpart in accordance with 
the applicable requirements specified in Secs. 261.1084 through 261.1087 
of this subpart.
    (b) The remanufacture or other person that stores or treats the 
hazardous secondary material shall develop and implement a written plan 
and schedule to perform the inspections and monitoring required by 
paragraph (a) of this section. The remanufacturer or other person that 
stores or treats the hazardous secondary material shall keep the plan 
and schedule at the facility.



Sec. 261.1089  Recordkeeping requirements.

    (a) Each remanufacturer or other person that stores or treats the 
hazardous secondary material subject to requirements of this subpart 
shall record and maintain the information specified in paragraphs (b) 
through (j) of this section, as applicable to the facility. Except for 
air emission control equipment design documentation and information 
required by paragraphs (i) and (j) of this section, records required by 
this section shall be maintained at the facility for a minimum of 3 
years. Air emission control equipment design documentation shall be 
maintained at the facility until the air emission control equipment is 
replaced or otherwise no longer in service. Information required by 
paragraphs (i) and (j) of this section shall be maintained at the 
facility for as long as the hazardous secondary material management unit 
is not using air emission controls specified in Secs. 261.1084 through 
261.1087 of this subpart in accordance with the

[[Page 212]]

conditions specified in Sec. 261.1080(b)(7) or (d) of this subpart, 
respectively.
    (b) The remanufacturer or other person that stores or treats the 
hazardous secondary material using a tank with air emission controls in 
accordance with the requirements of Sec. 261.1084 of this subpart shall 
prepare and maintain records for the tank that include the following 
information:
    (1) For each tank using air emission controls in accordance with the 
requirements of Sec. 261.1084 of this subpart, the remanufacturer or 
other person that stores or treats the hazardous secondary material 
shall record:
    (i) A tank identification number (or other unique identification 
description as selected by the remanufacturer or other person that 
stores or treats the hazardous secondary material).
    (ii) A record for each inspection required by Sec. 261.1084 of this 
subpart that includes the following information:
    (A) Date inspection was conducted.
    (B) For each defect detected during the inspection: The location of 
the defect, a description of the defect, the date of detection, and 
corrective action taken to repair the defect. In the event that repair 
of the defect is delayed in accordance with the requirements of 
Sec. 261.1084 of this subpart, the remanufacturer or other person that 
stores or treats the hazardous secondary material shall also record the 
reason for the delay and the date that completion of repair of the 
defect is expected.
    (2) In addition to the information required by paragraph (b)(1) of 
this section, the remanufacturer or other person that stores or treats 
the hazardous secondary material shall record the following information, 
as applicable to the tank:
    (i) The remanufacturer or other person that stores or treats the 
hazardous secondary material using a fixed roof to comply with the Tank 
Level 1 control requirements specified in Sec. 261.1084(c) of this 
subpart shall prepare and maintain records for each determination for 
the maximum organic vapor pressure of the hazardous secondary material 
in the tank performed in accordance with the requirements of 
Sec. 261.1084(c) of this subpart. The records shall include the date and 
time the samples were collected, the analysis method used, and the 
analysis results.
    (ii) The remanufacturer or other person that stores or treats the 
hazardous secondary material using an internal floating roof to comply 
with the Tank Level 2 control requirements specified in Sec. 261.1084(e) 
of this subpart shall prepare and maintain documentation describing the 
floating roof design.
    (iii) Remanufacturer or other persons that store or treat the 
hazardous secondary material using an external floating roof to comply 
with the Tank Level 2 control requirements specified in Sec. 261.1084(f) 
of this subpart shall prepare and maintain the following records:
    (A) Documentation describing the floating roof design and the 
dimensions of the tank.
    (B) Records for each seal gap inspection required by 
Sec. 261.1084(f)(3) of this subpart describing the results of the seal 
gap measurements. The records shall include the date that the 
measurements were performed, the raw data obtained for the measurements, 
and the calculations of the total gap surface area. In the event that 
the seal gap measurements do not conform to the specifications in 
Sec. 261.1084(f)(1) of this subpart, the records shall include a 
description of the repairs that were made, the date the repairs were 
made, and the date the tank was emptied, if necessary.
    (iv) Each remanufacturer or other person that stores or treats the 
hazardous secondary material using an enclosure to comply with the Tank 
Level 2 control requirements specified in Sec. 261.1084(i) of this 
subpart shall prepare and maintain the following records:
    (A) Records for the most recent set of calculations and measurements 
performed by the remanufacturer or other person that stores or treats 
the hazardous secondary material to verify that the enclosure meets the 
criteria of a permanent total enclosure as specified in ``Procedure T--
Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, appendix B.
    (B) Records required for the closed-vent system and control device 
in accordance with the requirements of paragraph (e) of this section.

[[Page 213]]

    (c) [Reserved]
    (d) The remanufacturer or other person that stores or treats the 
hazardous secondary material using containers with Container Level 3 air 
emission controls in accordance with the requirements of Sec. 261.1086 
of this subpart shall prepare and maintain records that include the 
following information:
    (1) Records for the most recent set of calculations and measurements 
performed by the remanufacturer or other person that stores or treats 
the hazardous secondary material to verify that the enclosure meets the 
criteria of a permanent total enclosure as specified in ``Procedure T--
Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, appendix B.
    (2) Records required for the closed-vent system and control device 
in accordance with the requirements of paragraph (e) of this section.
    (e) The remanufacturer or other person that stores or treats the 
hazardous secondary material using a closed-vent system and control 
device in accordance with the requirements of Sec. 261.1087 of this 
subpart shall prepare and maintain records that include the following 
information:
    (1) Documentation for the closed-vent system and control device that 
includes:
    (i) Certification that is signed and dated by the remanufacturer or 
other person that stores or treats the hazardous secondary material 
stating that the control device is designed to operate at the 
performance level documented by a design analysis as specified in 
paragraph (e)(1)(ii) of this section or by performance tests as 
specified in paragraph (e)(1)(iii) of this section when the tank or 
container is or would be operating at capacity or the highest level 
reasonably expected to occur.
    (ii) If a design analysis is used, then design documentation as 
specified in Sec. 261.1035(b)(4). The documentation shall include 
information prepared by the remanufacturer or other person that stores 
or treats the hazardous secondary material or provided by the control 
device manufacturer or vendor that describes the control device design 
in accordance with Sec. 261.1035(b)(4)(iii) and certification by the 
remanufacturer or other person that stores or treats the hazardous 
secondary material that the control equipment meets the applicable 
specifications.
    (iii) If performance tests are used, then a performance test plan as 
specified in Sec. 261.1035(b)(3) and all test results.
    (iv) Information as required by Secs. 261.1035(c)(1) and 
261.1035(c)(2), as applicable.
    (v) A remanufacturer or other person that stores or treats the 
hazardous secondary material shall record, on a semiannual basis, the 
information specified in paragraphs (e)(1)(v)(A) and (B) of this section 
for those planned routine maintenance operations that would require the 
control device not to meet the requirements of Sec. 261.1087(c)(1)(i), 
(ii), or (iii) of this subpart, as applicable.
    (A) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6-
month period. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (B) A description of the planned routine maintenance that was 
performed for the control device during the previous 6-month period. 
This description shall include the type of maintenance performed and the 
total number of hours during those 6 months that the control device did 
not meet the requirements of Sec. 261.1087(c)(1)(i), (ii), or (iii) of 
this subpart, as applicable, due to planned routine maintenance.
    (vi) A remanufacturer or other person that stores or treats the 
hazardous secondary material shall record the information specified in 
paragraphs (e)(1)(vi)(A) through (C) of this section for those 
unexpected control device system malfunctions that would require the 
control device not to meet the requirements of Sec. 261.1087(c)(1)(i), 
(ii), or (iii) of this subpart, as applicable.
    (A) The occurrence and duration of each malfunction of the control 
device system.
    (B) The duration of each period during a malfunction when gases, 
vapors, or fumes are vented from the hazardous

[[Page 214]]

secondary material management unit through the closed-vent system to the 
control device while the control device is not properly functioning.
    (C) Actions taken during periods of malfunction to restore a 
malfunctioning control device to its normal or usual manner of 
operation.
    (vii) Records of the management of carbon removed from a carbon 
adsorption system conducted in accordance with Sec. 261.1087(c)(3)(ii) 
of this subpart.
    (f) The remanufacturer or other person that stores or treats the 
hazardous secondary material using a tank or container exempted under 
the hazardous secondary material organic concentration conditions 
specified in Sec. 261.1082(c)(1) or (c)(2)(i) through (vi) of this 
subpart, shall prepare and maintain at the facility records documenting 
the information used for each material determination (e.g., test 
results, measurements, calculations, and other documentation). If 
analysis results for material samples are used for the material 
determination, then the remanufacturer or other person that stores or 
treats the hazardous secondary material shall record the date, time, and 
location that each material sample is collected in accordance with 
applicable requirements of Sec. 261.1083 of this subpart.
    (2) [Reserved]
    (g) A remanufacturer or other person that stores or treats the 
hazardous secondary material designating a cover as ``unsafe to inspect 
and monitor'' pursuant to Sec. 261.1084(l) or Sec. 261.1085(g) of this 
subpart shall record and keep at facility the following information: The 
identification numbers for hazardous secondary material management units 
with covers that are designated as ``unsafe to inspect and monitor,'' 
the explanation for each cover stating why the cover is unsafe to 
inspect and monitor, and the plan and schedule for inspecting and 
monitoring each cover.
    (h) The remanufacturer or other person that stores or treats the 
hazardous secondary material that is subject to this subpart and to the 
control device standards in 40 CFR part 60, subpart VV, or 40 CFR part 
61, subpart V, may elect to demonstrate compliance with the applicable 
sections of this subpart by documentation either pursuant to this 
subpart, or pursuant to the provisions of 40 CFR part 60, subpart VV or 
40 CFR part 61, subpart V, to the extent that the documentation required 
by 40 CFR parts 60 or 61 duplicates the documentation required by this 
section.



Sec. 261.1090  [Reserved]



              Sec. Appendixes II-III to Part 261 [Reserved]



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



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



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



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

------------------------------------------------------------------------
                                     Hazardous constituents for which
     EPA hazardous waste No.                      listed
------------------------------------------------------------------------
F001............................  Tetrachloroethylene, methylene
                                   chloride trichloroethylene, 1,1,1-
                                   trichloroethane, carbon
                                   tetrachloride, chlorinated
                                   fluorocarbons.
F002............................  Tetrachloroethylene, methylene
                                   chloride, trichloroethylene, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane, chlorobenzene, 1,1,2-
                                   trichloro-1,2,2-trifluoroethane,
                                   ortho-dichlorobenzene,
                                   trichlorofluoromethane.
F003............................  N.A.
F004............................  Cresols and cresylic acid,
                                   nitrobenzene.
F005............................  Toluene, methyl ethyl ketone, carbon
                                   disulfide, isobutanol, pyridine, 2-
                                   ethoxyethanol, benzene, 2-
                                   nitropropane.
F006............................  Cadmium, hexavalent chromium, nickel,
                                   cyanide (complexed).
F007............................  Cyanide (salts).
F008............................  Cyanide (salts).
F009............................  Cyanide (salts).
F010............................  Cyanide (salts).
F011............................  Cyanide (salts).
F012............................  Cyanide (complexed).
F019............................  Hexavalent chromium, cyanide
                                   (complexed).
F020............................  Tetra- and pentachlorodibenzo-p-
                                   dioxins; tetra and pentachlorodi-
                                   benzofurans; tri- and
                                   tetrachlorophenols and their
                                   chlorophenoxy derivative acids,
                                   esters, ethers, amine and other
                                   salts.
F021............................  Penta- and hexachlorodibenzo-p-
                                   dioxins; penta- and
                                   hexachlorodibenzofurans;
                                   pentachlorophenol and its
                                   derivatives.
F022............................  Tetra-, penta-, and hexachlorodibenzo-
                                   p-dioxins; tetra-, penta-, and
                                   hexachlorodibenzofurans.
F023............................  Tetra-, and pentachlorodibenzo-p-
                                   dioxins; tetra- and
                                   pentachlorodibenzofurans; tri- and
                                   tetra chlorophenols and their
                                   chlorophenoxy derivative acids,
                                   esters, ethers, amine and other
                                   salts.

[[Page 215]]

 
F024............................  Chloromethane, dichloromethane,
                                   trichloromethane, carbon
                                   tetrachloride, chloroethylene, 1,1-
                                   dichloroethane, 1,2-dichloroethane,
                                   trans-1-2-dichloroethylene, 1,1-
                                   dichloroethylene, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane, trichloroethylene,
                                   1,1,1,2-tetra-chloroethane, 1,1,2,2-
                                   tetrachloroethane,
                                   tetrachloroethylene,
                                   pentachloroethane, hexachloroethane,
                                   allyl chloride (3-chloropropene),
                                   dichloropropane, dichloropropene, 2-
                                   chloro-1,3-butadiene, hexachloro-1,3-
                                   butadiene, hexachlorocyclopentadiene,
                                   hexachlorocyclohexane, benzene,
                                   chlorbenzene, dichlorobenzenes, 1,2,4-
                                   trichlorobenzene, tetrachlorobenzene,
                                   pentachlorobenzene,
                                   hexachlorobenzene, toluene,
                                   naphthalene.
F025............................  Chloromethane; Dichloromethane;
                                   Trichloromethane; Carbon
                                   tetrachloride; Chloroethylene; 1,1-
                                   Dichloroethane; 1,2-Dichloroethane;
                                   trans-1,2-Dichloroethylene; 1,1-
                                   Dichloroethylene; 1,1,1-
                                   Trichloroethane; 1,1,2-
                                   Trichloroethane; Trichloroethylene;
                                   1,1,1,2-Tetrachloroethane; 1,1,2,2-
                                   Tetrachloroethane;
                                   Tetrachloroethylene;
                                   Pentachloroethane; Hexachloroethane;
                                   Allyl chloride (3-Chloropropene);
                                   Dichloropropane; Dichloropropene; 2-
                                   Chloro-1,3-butadiene; Hexachloro-1,3-
                                   butadiene; Hexachlorocyclopentadiene;
                                   Benzene; Chlorobenzene;
                                   Dichlorobenzene; 1,2,4-Tri
                                   chlorobenzene; Tetrachlorobenzene;
                                   Pentachlorobenzene;
                                   Hexachlorobenzene; Toluene;
                                   Naphthalene.
F026............................  Tetra-, penta-, and hexachlorodibenzo-
                                   p-dioxins; tetra-, penta-, and
                                   hexachlorodibenzofurans.
F027............................  Tetra-, penta-, and hexachlorodibenzo-
                                   p- dioxins; tetra-, penta-, and
                                   hexachlorodibenzofurans; tri-, tetra-
                                   , and pentachlorophenols and their
                                   chlorophenoxy derivative acids,
                                   esters, ethers, amine and other
                                   salts.
F028............................  Tetra-, penta-, and hexachlorodibenzo-
                                   p- dioxins; tetra-, penta-, and
                                   hexachlorodibenzofurans; tri-, tetra-
                                   , and pentachlorophenols and their
                                   chlorophenoxy derivative acids,
                                   esters, ethers, amine and other
                                   salts.
F032............................  Benz(a)anthracene, benzo(a)pyrene,
                                   dibenz(a,h)-anthracene, indeno(1,2,3-
                                   cd)pyrene, pentachlorophenol,
                                   arsenic, chromium, tetra-, penta-,
                                   hexa-, heptachlorodibenzo-p-dioxins,
                                   tetra-, penta-, hexa-,
                                   heptachlorodibenzofurans.
F034............................  Benz(a)anthracene,
                                   benzo(k)fluoranthene, benzo(a)pyrene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene, naphthalene, arsenic,
                                   chromium.
F035............................  Arsenic, chromium, lead.
F037............................  Benzene, benzo(a)pyrene, chrysene,
                                   lead, chromium.
F038............................  Benzene, benzo(a)pyrene, chrysene,
                                   lead, chromium.
F039............................  All constituents for which treatment
                                   standards are specified for multi-
                                   source leachate (wastewaters and
                                   nonwastewaters) under 40 CFR 268.43,
                                   Table CCW.
K001............................  Pentachlorophenol, phenol, 2-
                                   chlorophenol, p-chloro-m-cresol, 2,4-
                                   dimethylphenyl, 2,4-dinitrophenol,
                                   trichlorophenols, tetrachlorophenols,
                                   2,4-dinitrophenol, creosote,
                                   chrysene, naphthalene, fluoranthene,
                                   benzo(b)fluoranthene, benzo(a)pyrene,
                                   indeno(1,2,3-cd)pyrene,
                                   benz(a)anthracene,
                                   dibenz(a)anthracene, acenaphthalene.
K002............................  Hexavalent chromium, lead
K003............................  Hexavalent chromium, lead.
K004............................  Hexavalent chromium.
K005............................  Hexavalent chromium, lead.
K006............................  Hexavalent chromium.
K007............................  Cyanide (complexed), hexavalent
                                   chromium.
K008............................  Hexavalent chromium.
K009............................  Chloroform, formaldehyde, methylene
                                   chloride, methyl chloride,
                                   paraldehyde, formic acid.
K010............................  Chloroform, formaldehyde, methylene
                                   chloride, methyl chloride,
                                   paraldehyde, formic acid,
                                   chloroacetaldehyde.
K011............................  Acrylonitrile, acetonitrile,
                                   hydrocyanic acid.
K013............................  Hydrocyanic acid, acrylonitrile,
                                   acetonitrile.
K014............................  Acetonitrile, acrylamide.
K015............................  Benzyl chloride, chlorobenzene,
                                   toluene, benzotrichloride.
K016............................  Hexachlorobenzene,
                                   hexachlorobutadiene, carbon
                                   tetrachloride, hexachloroethane,
                                   perchloroethylene.
K017............................  Epichlorohydrin, chloroethers
                                   [bis(chloromethyl) ether and bis (2-
                                   chloroethyl) ethers],
                                   trichloropropane, dichloropropanols.
K018............................  1,2-dichloroethane, trichloroethylene,
                                   hexachlorobutadiene,
                                   hexachlorobenzene.
K019............................  Ethylene dichloride, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane, tetrachloroethanes
                                   (1,1,2,2-tetrachloroethane and
                                   1,1,1,2-tetrachloroethane),
                                   trichloroethylene,
                                   tetrachloroethylene, carbon
                                   tetrachloride, chloroform, vinyl
                                   chloride, vinylidene chloride.
K020............................  Ethylene dichloride, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane, tetrachloroethanes
                                   (1,1,2,2-tetrachloroethane and
                                   1,1,1,2-tetrachloroethane),
                                   trichloroethylene,
                                   tetrachloroethylene, carbon
                                   tetrachloride, chloroform, vinyl
                                   chloride, vinylidene chloride.
K021............................  Antimony, carbon tetrachloride,
                                   chloroform.
K022............................  Phenol, tars (polycyclic aromatic
                                   hydrocarbons).
K023............................  Phthalic anhydride, maleic anhydride.
K024............................  Phthalic anhydride, 1,4-
                                   naphthoquinone.
K025............................  Meta-dinitrobenzene, 2,4-
                                   dinitrotoluene.
K026............................  Paraldehyde, pyridines, 2-picoline.
K027............................  Toluene diisocyanate, toluene-2, 4-
                                   diamine.
K028............................  1,1,1-trichloroethane, vinyl chloride.
K029............................  1,2-dichloroethane, 1,1,1-
                                   trichloroethane, vinyl chloride,
                                   vinylidene chloride, chloroform.
K030............................  Hexachlorobenzene,
                                   hexachlorobutadiene,
                                   hexachloroethane, 1,1,1,2-
                                   tetrachloroethane, 1,1,2,2-
                                   tetrachloroethane, ethylene
                                   dichloride.
K031............................  Arsenic.
K032............................  Hexachlorocyclopentadiene.
K033............................  Hexachlorocyclopentadiene.
K034............................  Hexachlorocyclopentadiene.
K035............................  Creosote, chrysene, naphthalene,
                                   fluoranthene benzo(b) fluoranthene,
                                   benzo(a)pyrene, indeno(1,2,3-cd)
                                   pyrene, benzo(a)anthracene,
                                   dibenzo(a)anthracene, acenaphthalene.
K036............................  Toluene, phosphorodithioic and
                                   phosphorothioic acid esters.
K037............................  Toluene, phosphorodithioic and
                                   phosphorothioic acid esters.

[[Page 216]]

 
K038............................  Phorate, formaldehyde,
                                   phosphorodithioic and phosphorothioic
                                   acid esters.
K039............................  Phosphorodithioic and phosphorothioic
                                   acid esters.
K040............................  Phorate, formaldehyde,
                                   phosphorodithioic and phosphorothioic
                                   acid esters.
K041............................  Toxaphene.
K042............................  Hexachlorobenzene, ortho-
                                   dichlorobenzene.
K043............................  2,4-dichlorophenol, 2,6-
                                   dichlorophenol, 2,4,6-
                                   trichlorophenol.
K044............................  N.A.
K045............................  N.A.
K046............................  Lead.
K047............................  N.A.
K048............................  Hexavalent chromium, lead.
K049............................  Hexavalent chromium, lead.
K050............................  Hexavalent chromium.
K051............................  Hexavalent chromium, lead.
K052............................  Lead.
K060............................  Cyanide, napthalene, phenolic
                                   compounds, arsenic.
K061............................  Hexavalent chromium, lead, cadmium.
K062............................  Hexavalent chromium, lead.
K069............................  Hexavalent chromium, lead, cadmium.
K071............................  Mercury.
K073............................  Chloroform, carbon tetrachloride,
                                   hexachloroethane, trichloroethane,
                                   tetrachloroethylene,
                                   dichloroethylene, 1,1,2,2-
                                   tetrachloroethane.
K083............................  Aniline, diphenylamine, nitrobenzene,
                                   phenylenediamine.
K084............................  Arsenic.
K085............................  Benzene, dichlorobenzenes,
                                   trichlorobenzenes,
                                   tetrachlorobenzenes,
                                   pentachlorobenzene,
                                   hexachlorobenzene, benzyl chloride.
K086............................  Lead, hexavalent chromium.
K087............................  Phenol, naphthalene.
K088............................  Cyanide (complexes).
K093............................  Phthalic anhydride, maleic anhydride.
K094............................  Phthalic anhydride.
K095............................  1,1,2-trichloroethane, 1,1,1,2-
                                   tetrachloroethane, 1,1,2,2-
                                   tetrachloroethane.
K096............................  1,2-dichloroethane, 1,1,1-
                                   trichloroethane, 1,1,2-
                                   trichloroethane.
K097............................  Chlordane, heptachlor.
K098............................  Toxaphene.
K099............................  2,4-dichlorophenol, 2,4,6-
                                   trichlorophenol.
K100............................  Hexavalent chromium, lead, cadmium.
K101............................  Arsenic.
K102............................  Arsenic.
K103............................  Aniline, nitrobenzene,
                                   phenylenediamine.
K104............................  Aniline, benzene, diphenylamine,
                                   nitrobenzene, phenylenediamine.
K105............................  Benzene, monochlorobenzene,
                                   dichlorobenzenes, 2,4,6-
                                   trichlorophenol.
K106............................  Mercury.
K107............................  1,1-Dimethylhydrazine (UDMH).
K108............................  1,1-Dimethylhydrazine (UDMH).
K109............................  1,1-Dimethylhydrazine (UDMH).
K110............................  1,1-Dimethylhydrazine (UDMH).
K111............................  2,4-Dinitrotoluene.
K112............................  2,4-Toluenediamine, o-toluidine, p-
                                   toluidine, aniline.
K113............................  2,4-Toluenediamine, o-toluidine, p-
                                   toluidine, aniline.
K114............................  2,4-Toluenediamine, o-toluidine, p-
                                   toluidine.
K115............................  2,4-Toluenediamine.
K116............................  Carbon tetrachloride,
                                   tetrachloroethylene, chloroform,
                                   phosgene.
K117............................  Ethylene dibromide.
K118............................  Ethylene dibromide.
K123............................  Ethylene thiourea.
K124............................  Ethylene thiourea.
K125............................  Ethylene thiourea.
K126............................  Ethylene thiourea.
K131............................  Dimethyl sulfate, methyl bromide.
K132............................  Methyl bromide.
K136............................  Ethylene dibromide.
K141............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene, benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene.
K142............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene, benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene.
K143............................  Benzene, benz(a)anthracene,
                                   benzo(b)fluoranthene,
                                   benzo(k)fluoranthene.
K144............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene, benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene.
K145............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene,
                                   dibenz(a,h)anthracene, naphthalene.
K147............................  Benzene, benz(a)anthracene,
                                   benzo(a)pyrene, benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene.
K148............................  Benz(a)anthracene, benzo(a)pyrene,
                                   benzo(b)fluoranthene,
                                   benzo(k)fluoranthene,
                                   dibenz(a,h)anthracene, indeno(1,2,3-
                                   cd)pyrene.
K149............................  Benzotrichloride, benzyl chloride,
                                   chloroform, chloromethane,
                                   chlorobenzene, 1,4-dichlorobenzene,
                                   hexachlorobenzene,
                                   pentachlorobenzene, 1,2,4,5-
                                   tetrachlorobenzene, toluene.
K150............................  Carbon tetrachloride, chloroform,
                                   chloromethane, 1,4-dichlorobenzene,
                                   hexachlorobenzene,
                                   pentachlorobenzene, 1,2,4,5-
                                   tetrachlorobenzene, 1,1,2,2-
                                   tetrachloroethane,
                                   tetrachloroethylene, 1,2,4-
                                   trichlorobenzene.
K151............................  Benzene, carbon tetrachloride,
                                   chloroform, hexachlorobenzene,
                                   pentachlorobenzene, toluene, 1,2,4,5-
                                   tetrachlorobenzene,
                                   tetrachloroethylene.
K156............................  Benomyl, carbaryl, carbendazim,
                                   carbofuran, carbosulfan,
                                   formaldehyde, methylene chloride,
                                   triethylamine.
K157............................  Carbon tetrachloride, formaldehyde,
                                   methyl chloride, methylene chloride,
                                   pyridine, triethylamine.
K158............................  Benomyl, carbendazim, carbofuran,
                                   carbosulfan, chloroform, methylene
                                   chloride.
K159............................  Benzene, butylate, eptc, molinate,
                                   pebulate, vernolate.
K161............................  Antimony, arsenic, metam-sodium,
                                   ziram.
K169............................  Benzene.
K170............................  Benzo(a)pyrene, dibenz(a,h)anthracene,
                                   benzo (a) anthracene, benzo
                                   (b)fluoranthene,
                                   benzo(k)fluoranthene, 3-
                                   methylcholanthrene, 7, 12-
                                   dimethylbenz(a)anthracene.
K171............................  Benzene, arsenic.
K172............................  Benzene, arsenic.
K174............................  1,2,3,4,6,7,8-Heptachlorodibenzo-p-
                                   dioxin (1,2,3,4,6,7,8-HpCDD),
                                   1,2,3,4,6,7,8-Heptachlorodibenzofuran
                                   (1,2,3,4,6,7,8-HpCDF), 1,2,3,4,7,8,9-
                                   Heptachlorodibenzofuran
                                   (1,2,3,6,7,8,9-HpCDF), HxCDDs (All
                                   Hexachlorodibenzo-p-dioxins), HxCDFs
                                   (All Hexachlorodibenzofurans), PeCDDs
                                   (All Pentachlorodibenzo-p-dioxins),
                                   OCDD (1,2,3,4,6,7,8,9-
                                   Octachlorodibenzo-p-dioxin, OCDF
                                   (1,2,3,4,6,7,8,9-
                                   Octachlorodibenzofuran), PeCDFs (All
                                   Pentachlorodibenzofurans), TCDDs (All
                                   tetrachlorodi-benzo-p-dioxins), TCDFs
                                   (All tetrachlorodibenzofurans).
K175............................  Mercury

[[Page 217]]

 
K176............................  Arsenic, Lead.
K177............................  Antimony.
K178............................  Thallium.
K181............................  Aniline, o-anisidine, 4-chloroaniline,
                                   p-cresidine, 2,4-dimethylaniline, 1,2-
                                   phenylenediamine, 1,3-
                                   phenylenediamine.
------------------------------------------------------------------------
N.A.--Waste is hazardous because it fails the test for the
  characteristic of ignitability, corrosivity, or reactivity.


[46 FR 4619, Jan. 16, 1981]

    Editorial Note: For Federal Register citations affecting appendix 
VII, part 261, see the List of CFR Sections Affected, which appears in 
the Finding Aids section of the printed volume and at www.fdsys.gov.

            Appendix VIII to Part 261--Hazardous Constituents

----------------------------------------------------------------------------------------------------------------
                                                                                       Chemical       Hazardous
                Common name                        Chemical abstracts name          abstracts No.     waste No.
----------------------------------------------------------------------------------------------------------------
A2213......................................  Ethanimidothioic acid, 2-                   30558-43-1         U394
                                              (dimethylamino) -N-hydroxy-2-oxo-,
                                              methyl ester.
Acetonitrile...............................  Same...............................            75-05-8         U003
Acetophenone...............................  Ethanone, 1-phenyl-................            98-86-2         U004
2-Acetylaminefluarone......................  Acetamide, N-9H-fluoren-2-yl-......            53-96-3         U005
Acetyl chloride............................  Same...............................            75-36-5         U006
1-Acetyl-2-thiourea........................  Acetamide, N-(aminothioxomethyl)-..           591-08-2         P002
Acrolein...................................  2-Propenal.........................           107-02-8         P003
Acrylamide.................................  2-Propenamide......................            79-06-1         U007
Acrylonitrile..............................  2-Propenenitrile...................           107-13-1         U009
Aflatoxins.................................  Same...............................          1402-68-2  ...........
Aldicarb...................................  Propanal, 2-methyl-2-(methylthio)-,           116-06-3         P070
                                              O-[(methylamino)carbonyl]oxime.
Aldicarb sulfone...........................  Propanal, 2-methyl-2-                        1646-88-4         P203
                                              (methylsulfonyl) -, O-
                                              [(methylamino) carbonyl] oxime.
Aldrin.....................................  1,4,5,8-Dimethanonaphthalene,                 309-00-2         P004
                                              1,2,3,4,10,10-10-hexachloro-
                                              1,4,4a,5,8,8a-hexahydro-,
                                              (1alpha,4alpha,4abeta,5alpha,8alph
                                              a, 8abeta)-.
Allyl alcohol..............................  2-Propen-1-ol......................           107-18-6         P005
Allyl chloride.............................  1-Propane, 3-chloro................           107-05-1  ...........
Aluminum phosphide.........................  Same...............................         20859-73-8         P006
4-Aminobiphenyl............................  [1,1'-Biphenyl]-4-amine............            92-67-1  ...........
5-(Aminomethyl)-3-isoxazolol...............  3(2H)-Isoxazolone, 5-(aminomethyl)-          2763-96-4         P007
4-Aminopyridine............................  4-Pyridinamine.....................           504-24-5         P008
Amitrole...................................  1H-1,2,4-Triazol-3-amine...........            61-82-5         U011
Ammonium vanadate..........................  Vanadic acid, ammonium salt........          7803-55-6         P119
Aniline....................................  Benzenamine........................            62-53-3         U012
o-Anisidine (2-methoxyaniline).............  Benzenamine, 2-Methoxy-............            90-04-0  ...........
Antimony...................................  Same...............................          7440-36-0  ...........
Antimony compounds, N.O.S. \1\.............  ...................................  .................  ...........
Aramite....................................  Sulfurous acid, 2-chloroethyl 2-[4-           140-57-8  ...........
                                              (1,1-dimethylethyl)phenoxy]-1-
                                              methylethyl ester.
Arsenic....................................  Same...............................          7440-38-2  ...........
Arsenic compounds, N.O.S. \1\..............  ...................................  .................  ...........
Arsenic acid...............................  Arsenic acid H3 AsO4...............          7778-39-4         P010
Arsenic pentoxide..........................  Arsenic oxide As2 O5...............          1303-28-2         P011
Arsenic trioxide...........................  Arsenic oxide As2 O3...............          1327-53-3         P012
Auramine...................................  Benzenamine, 4,4'-                            492-80-8         U014
                                              carbonimidoylbis[N,N-dimethyl.
Azaserine..................................  L-Serine, diazoacetate (ester).....           115-02-6         U015
Barban.....................................  Carbamic acid, (3-chlorophenyl) -,            101-27-9         U280
                                              4-chloro-2-butynyl ester.
Barium.....................................  Same...............................          7440-39-3  ...........
Barium compounds, N.O.S. \1\...............  ...................................  .................  ...........
Barium cyanide.............................  Same...............................           542-62-1         P013
Bendiocarb.................................  1,3-Benzodioxol-4-ol, 2,2-dimethyl-         22781-23-3         U278
                                              , methyl carbamate.
Bendiocarb phenol..........................  1,3-Benzodioxol-4-ol, 2,2-dimethyl-         22961-82-6         U364
                                              ,.
Benomyl....................................  Carbamic acid, [1- [(butylamino)            17804-35-2         U271
                                              carbonyl]- 1H-benzimidazol-2-yl] -
                                              , methyl ester.
Benz[c]acridine............................  Same...............................           225-51-4         U016
Benz[a]anthracene..........................  Same...............................            56-55-3         U018
Benzal chloride............................  Benzene, (dichloromethyl)-.........            98-87-3         U017

[[Page 218]]

 
Benzene....................................  Same...............................            71-43-2         U019
Benzenearsonic acid........................  Arsonic acid, phenyl-..............            98-05-5  ...........
Benzidine..................................  [1,1'-Biphenyl]-4,4'-diamine.......            92-87-5         U021
Benzo[b]fluoranthene.......................  Benz[e]acephenanthrylene...........           205-99-2  ...........
Benzo[j]fluoranthene.......................  Same...............................           205-82-3  ...........
Benzo(k)fluoranthene.......................  Same...............................           207-08-9  ...........
Benzo[a]pyrene.............................  Same...............................            50-32-8         U022
p-Benzoquinone.............................  2,5-Cyclohexadiene-1,4-dione.......           106-51-4         U197
Benzotrichloride...........................  Benzene, (trichloromethyl)-........            98-07-7         U023
Benzyl chloride............................  Benzene, (chloromethyl)-...........           100-44-7         P028
Beryllium powder...........................  Same...............................          7440-41-7         P015
Beryllium compounds, N.O.S. \1\............  ...................................  .................  ...........
Bis(pentamethylene)-thiuram tetrasulfide...  Piperidine, 1,1'-                             120-54-7  ...........
                                              (tetrathiodicarbonothioyl)-bis-.
Bromoacetone...............................  2-Propanone, 1-bromo-..............           598-31-2         P017
Bromoform..................................  Methane, tribromo-.................            75-25-2         U225
4-Bromophenyl phenyl ether.................  Benzene, 1-bromo-4-phenoxy-........           101-55-3         U030
Brucine....................................  Strychnidin-10-one, 2,3-dimethoxy-.           357-57-3         P018
Butyl benzyl phthalate.....................  1,2-Benzenedicarboxylic acid, butyl            85-68-7  ...........
                                              phenylmethyl ester.
Butylate...................................  Carbamothioic acid, bis(2-                   2008-41-5  ...........
                                              methylpropyl)-, S-ethyl ester.
Cacodylic acid.............................  Arsinic acid, dimethyl-............            75-60-5         U136
Cadmium....................................  Same...............................          7440-43-9  ...........
Cadmium compounds, N.O.S. \1\..............  ...................................  .................  ...........
Calcium chromate...........................  Chromic acid H2 CrO4, calcium salt.         13765-19-0         U032
Calcium cyanide............................  Calcium cyanide Ca(CN)2............           592-01-8         P021
Carbaryl...................................  1-Naphthalenol, methylcarbamate....            63-25-2         U279
Carbendazim................................  Carbamic acid, 1H-benzimidazol-2-           10605-21-7         U372
                                              yl, methyl ester.
Carbofuran.................................  7-Benzofuranol, 2,3-dihydro-2,2-             1563-66-2         P127
                                              dimethyl-, methylcarbamate.
Carbofuran phenol..........................  7-Benzofuranol, 2,3-dihydro-2,2-             1563-38-8         U367
                                              dimethyl-.
Carbon disulfide...........................  Same...............................            75-15-0         P022
Carbon oxyfluoride.........................  Carbonic difluoride................           353-50-4         U033
Carbon tetrachloride.......................  Methane, tetrachloro-..............            56-23-5         U211
Carbosulfan................................  Carbamic acid, [(dibutylamino)              55285-14-8         P189
                                              thio] methyl-, 2,3-dihydro-2,2-
                                              dimethyl-7-benzofuranyl ester.
Chloral....................................  Acetaldehyde, trichloro-...........            75-87-6         U034
Chlorambucil...............................  Benzenebutanoic acid, 4-[bis(2-               305-03-3         U035
                                              chloroethyl)amino]-.
Chlordane..................................  4,7-Methano-1H-indene,                         57-74-9         U036
                                              1,2,4,5,6,7,8,8-octachloro-
                                              2,3,3a,4,7,7a-hexahydro-.
Chlordane (alpha and gamma isomers)........  ...................................  .................         U036
Chlorinated benzenes, N.O.S. \1\...........  ...................................  .................  ...........
Chlorinated ethane, N.O.S. \1\.............  ...................................  .................  ...........
Chlorinated fluorocarbons, N.O.S. \1\......  ...................................  .................  ...........
Chlorinated naphthalene, N.O.S. \1\........  ...................................  .................  ...........
Chlorinated phenol, N.O.S. \1\.............  ...................................  .................  ...........
Chlornaphazin..............................  Naphthalenamine, N,N'-bis(2-                  494-03-1         U026
                                              chloroethyl)-.
Chloroacetaldehyde.........................  Acetaldehyde, chloro-..............           107-20-0         P023
Chloroalkyl ethers, N.O.S. \1\.............  ...................................  .................  ...........
p-Chloroaniline............................  Benzenamine, 4-chloro-.............           106-47-8         P024
Chlorobenzene..............................  Benzene, chloro-...................           108-90-7         U037
Chlorobenzilate............................  Benzeneacetic acid, 4-chloro-alpha-           510-15-6         U038
                                              (4-chlorophenyl)-alpha-hydroxy-,
                                              ethyl ester.
p-Chloro-m-cresol..........................  Phenol, 4-chloro-3-methyl-.........            59-50-7         U039
2-Chloroethyl vinyl ether..................  Ethene, (2-chloroethoxy)-..........           110-75-8         U042
Chloroform.................................  Methane, trichloro-................            67-66-3         U044
Chloromethyl methyl ether..................  Methane, chloromethoxy-............           107-30-2         U046
beta-Chloronaphthalene.....................  Naphthalene, 2-chloro-.............            91-58-7         U047
o-Chlorophenol.............................  Phenol, 2-chloro-..................            95-57-8         U048
1-(o-Chlorophenyl)thiourea.................  Thiourea, (2-chlorophenyl)-........          5344-82-1         P026
Chloroprene................................  1,3-Butadiene, 2-chloro-...........           126-99-8  ...........
3-Chloropropionitrile......................  Propanenitrile, 3-chloro-..........           542-76-7         P027
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')-
                                              ,.

[[Page 219]]

 
Creosote...................................  Same...............................  .................         U051
p-Cresidine................................  2-Methoxy-5-methylbenzenamine......           120-71-8  ...........
Cresol (Cresylic acid).....................  Phenol, methyl-....................          1319-77-3         U052
Crotonaldehyde.............................  2-Butenal..........................          4170-30-3         U053
m-Cumenyl methylcarbamate..................  Phenol, 3-(methylethyl)-, methyl               64-00-6         P202
                                              carbamate.
Cyanides (soluble salts and complexes)       ...................................  .................         P030
 N.O.S. \1\.
Cyanogen...................................  Ethanedinitrile....................           460-19-5         P031
Cyanogen bromide...........................  Cyanogen bromide (CN)Br............           506-68-3         U246
Cyanogen chloride..........................  Cyanogen chloride (CN)Cl...........           506-77-4         P033
Cycasin....................................  beta-D-Glucopyranoside, (methyl-ONN-        14901-08-7  ...........
                                              azoxy)methyl.
Cycloate...................................  Carbamothioic acid, cyclohexylethyl-         1134-23-2  ...........
                                              , S-ethyl ester.
2-Cyclohexyl-4,6-dinitrophenol.............  Phenol, 2-cyclohexyl-4,6-dinitro-..           131-89-5         P034
Cyclophosphamide...........................  2H-1,3,2-Oxazaphosphorin-2-amine,              50-18-0         U058
                                              N,N-bis(2-chloroethyl)tetrahydro-,
                                              2-oxide.
2,4-D......................................  Acetic acid, (2,4-dichlorophenoxy)-            94-75-7         U240
2,4-D, salts, esters.......................  ...................................  .................         U240
Daunomycin.................................  5,12-Naphthacenedione, 8-acetyl-10-         20830-81-3         U059
                                              [(3-amino-2,3,6-trideoxy-alpha-L-
                                              lyxo- hexopyranosyl)oxy]-7,8,9,10-
                                              tetrahydro-6,8,11-trihydroxy-1-
                                              methoxy-, (8S-cis)-.
Dazomet....................................  2H-1,3,5-thiadiazine-2-thione,                533-74-4  ...........
                                              tetrahydro-3,5-dimethyl.
DDD........................................  Benzene, 1,1'-(2,2-                            72-54-8         U060
                                              dichloroethylidene)bis[4-chloro-.
DDE........................................  Benzene, 1,1'-                                 72-55-9  ...........
                                              (dichloroethenylidene)bis[4-chloro-
                                              .
DDT........................................  Benzene, 1,1'-(2,2,2-                          50-29-3         U061
                                              trichloroethylidene)bis[4-chloro-.
Diallate...................................  Carbamothioic acid, bis(1-                   2303-16-4         U062
                                              methylethyl)-, S-(2,3-dichloro-2-
                                              propenyl) ester.
Dibenz[a,h]acridine........................  Same...............................           226-36-8  ...........
Dibenz[a,j]acridine........................  Same...............................           224-42-0  ...........
Dibenz[a,h]anthracene......................  Same...............................            53-70-3         U063
7H-Dibenzo[c,g]carbazole...................  Same...............................           194-59-2  ...........
Dibenzo[a,e]pyrene.........................  Naphtho[1,2,3,4-def]chrysene.......           192-65-4  ...........
Dibenzo[a,h]pyrene.........................  Dibenzo[b,def]chrysene.............           189-64-0  ...........
Dibenzo[a,i]pyrene.........................  Benzo[rst]pentaphene...............           189-55-9         U064
1,2-Dibromo-3-chloropropane................  Propane, 1,2-dibromo-3-chloro-.....            96-12-8         U066
Dibutyl phthalate..........................  1,2-Benzenedicarboxylic acid,                  84-74-2         U069
                                              dibutyl ester.
o-Dichlorobenzene..........................  Benzene, 1,2-dichloro-.............            95-50-1         U070
m-Dichlorobenzene..........................  Benzene, 1,3-dichloro-.............           541-73-1         U071
p-Dichlorobenzene..........................  Benzene, 1,4-dichloro-.............           106-46-7         U072
Dichlorobenzene, N.O.S. \1\................  Benzene, dichloro-.................         25321-22-6  ...........
3,3'-Dichlorobenzidine.....................  [1,1'-Biphenyl]-4,4'-diamine, 3,3'-            91-94-1         U073
                                              dichloro-.
1,4-Dichloro-2-butene......................  2-Butene, 1,4-dichloro-............           764-41-0         U074
Dichlorodifluoromethane....................  Methane, dichlorodifluoro-.........            75-71-8         U075
Dichloroethylene, N.O.S. \1\...............  Dichloroethylene...................         25323-30-2  ...........
1,1-Dichloroethylene.......................  Ethene, 1,1-dichloro-..............            75-35-4         U078
1,2-Dichloroethylene.......................  Ethene, 1,2-dichloro-, (E)-........           156-60-5         U079
Dichloroethyl ether........................  Ethane, 1,1'oxybis[2-chloro-.......           111-44-4         U025
Dichloroisopropyl ether....................  Propane, 2,2'-oxybis[2-chloro-.....           108-60-1         U027
Dichloromethoxy ethane.....................  Ethane, 1,1'-                                 111-91-1         U024
                                              [methylenebis(oxy)]bis[2-chloro-.
Dichloromethyl ether.......................  Methane, oxybis[chloro-............           542-88-1         P016
2,4-Dichlorophenol.........................  Phenol, 2,4-dichloro-..............           120-83-2         U081
2,6-Dichlorophenol.........................  Phenol, 2,6-dichloro-..............            87-65-0         U082
Dichlorophenylarsine.......................  Arsonous dichloride, phenyl-.......           696-28-6         P036
Dichloropropane, N.O.S. \1\................  Propane, dichloro-.................         26638-19-7  ...........
Dichloropropanol, N.O.S. \1\...............  Propanol, dichloro-................         26545-73-3  ...........
Dichloropropene, N.O.S. \1\................  1-Propene, dichloro-...............         26952-23-8  .........